Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for granting to the King a Subsidy.
Most Gratious Soveraigne Wee Your Majestyes most obedient and loyall Subjects the Commons now, in Parliament assembled haveing taken into our serious Consideration the many and urgent Occasions which at this time doe presse Your Majestie to an extraordinary Expence of Treasure for the Defence of Your Majesties Kingdomes and Dominions, and in most thankfull Acknowledgement of Your Majestyes just and tender Care of the Welfare of Your People Doe most humbly present unto Your Majestie a free Gift of severall Summes of Money towards the carrying on of the present Warr to be levyed in such manner as is hereafter expressed, and doe beseech Your Majestie to accepte thereof And 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 Authorise of the same That all and every person and persons Bodyes Pollitique and Corporate Guilds or Fraternities within this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede haveing any personall Estate in such Debts oweing to them within the Realme or without, which he or they doe not account and esteeme as desperate, over and besides such just Debts as he she or they shall bona fide owe, or in ready moneyes shall yeild and pay unto His Majestie for every hundred pounds in such Debts and ready Moneyes the summe of Twenty shillings to be assessed, imposed leavyed and collected in manner herein after mentioned. Provided alwayes That noe summe of money which hath beene lent unto His Majestie upon the Securitie of the Act passed at Oxford in the Seaventeenth yeare of His Majesties Raigne entituled An Act for granting the summe of Twelve hundred and fifty thousand pounds to the Kings Majestie for his present further Supply or lent by the Citty of London upon the Securitie of His Majestyes Revenue ariseing by Hearth money at the rate of Six per Centt[um] and which at the time of the execution of this present Act shall be unpaid, nor any summe of money which shall be lent unto His Majestie upon the Securitie of this present Act or upon the Security of any other Act of Parlyament passed or to be passed dureing this present Session of Parlyament at the rate of Six per Cent[um] shall be rated or assessed by vertue of this Act Any thing herein contained to the contrary notwithstanding.
II. Public Officers taxed in the Monthly. Assessment (Exception) to pay is, in the Pound of the Profits of their Offices.
And bee it further enacted by the Authoritie aforesaid That all and every person and persons Coo[m]missioner or, Coo[m]missioners haveing useing or exerciseing any Office Place or Publique Imployment whatsoever (such persons who are or shall be in Muster and Pay at Land or Sea onely excepted) and all and every their Deputies Agents Clerkes Secondaries Substitutes and other their inferiour Ministers and Servants whatsoever who are already taxed in [or (fn. 1)] to the said Monethly Assessment for & in respect of their Offices Agencies and Imployments shall likewise pay unto His Majestie over and above the severall summes with which they are or shall be charged in or to the said Monethly Assessment the summe of Twelve pence for every Twenty shillings which he or they doe receive in one yeare by vertue of any Fees, Proffitts Perquisites or other Advantages to him or them accrueing, or by reason or occasion of their severall Offices Agencies and Imployments, And such who are not already taxed in and by the said Monethly Assesment for and in respect of their Coo[m]missions Offices Agencies and Imployments shall yeild and pay unto His Majestie the full summe of Three shillings for every Twenty shillings which he or they doe receive in one yeare by vertue of any Fees Proffitts Perquisites or other advantages to him or them accrueing or by reason or occasion of their severall and respective Coo[m]missions, Offices, Agencies and Imployments The said severall summes of Twelve pence in every Twenty shillings, and Three shillings in every Twenty shillings to be assessed imposed leavyed and collected in such manner as is herein after mentioned, allowing to every such Officer and Coo[m]mis?er one Third part of the Anuall Salary or Summe of moriey he shall soe receive, for and towards his [or (fn. 1)] their charge of executeing any such Coo[m]mission Office or Place before mentioned.
III. Pensions, &c. from Government to pay 3s. in the Pound.
And bee it further enacted by the Authoritie aforesaid That all and every other person and persons haveing or claiming to have any Pension or yearely Stipend or Annuity by vertue of any Gifte or Grant from His Majestie under His Great Seale or Privy Seale shall pay unto His Majestie the summe of Three shillings for every Twenty shillings by the yeare soe given or granted as aforesaid to be assessed imployed leavyed and collected in such manner as is herein after mentioned.
IV. Serjeants at Law, Counsellors, Advocates, &c. and Persons practicing Physic, to pay 2s. for every 20s.
And bee it further enacted by the Authoritie aforesaid That all Sergeants at Law Councellors Attourneyes Sollicitors and Scriveners and all Advocates Proctors and publique Notaries and all and every person and persons practiseing the Act of Phisick, shall pay unto his Majestie the summe of Two shillings for every Twenty shillings which he or they doe receive by his and their respective Practises and Professions in one yeare allowing to every such person and persons of the severall Professions aforesaid one Third part out of such moneyes as he or they shall soe receive in their respective Practices and Professions for and towards the charge and expence occasioned by his or their attendance upon his or their Practise or Professions aforesaid;
V. Servants to pay 13. for every 20s.
And all and every Servant which at the time of the execution of this Act shall receive Wages for his, her or their Service shall pay unto His Majestie the summe of Twelve pence for every Twenty shillings by the yeare which shall be due or payable to him heror them for his her or their Wages except for Board wages.
VI. Every Person to pay is above the other Rates.
VII. Servants refusing, Master to pay and deduct from Wages.
And bee it further enacted That in case any Servant shall upon the demand of such Assesment or Moneyes as are due from him or her by vertue of this Act refuse or negclect to pay the same to the respective Collector in such case his or her Master or Mistresse shall pay such Servants Assessment. And it shall then be lawfull for such Master or Mistresse to deduct and stop the same out of such Wages as shall or ought to be next paid unto such Servant. Any Law or Custome to the contrary notwithstanding.
VIII. Exceptions to the Poll.
Provided alwayes That noe person who receives Almes from the Parish nor the Children of any person remaining, in his or her Family who by reason of their povertie doth not contribute to the Rates for the Church and Poore and who are under the age of Sixteene yeares shall be charged or taxed by vertue of this present Act.
IX. Aliens to pay Double.
Provided alsoe and bee it enacted That every Alien stranger borne out of this Kingdome shall pay double the Summe which he or they ought to have paid in any capacitie whatsoever in this Act mentioned in case he or they had beene naturall borne Subjects.
X. Rates of Paytnents by Peers, &c.
Duke resident in the Kingdom £50. Marquess £40.; Earl £30.; Viscount £25. Baron £20.; Eldest Son of Duke of 21 Years £30. Eldest Son of Marquess £25.; Eldest Son of Earl of 21 Years £20.; Eldest Son of Viscount of 21 Years £17. 10s., Eldest Son of Baron of 21 Years £15; Baronet £15.; Knight of the Bath £15.; Knight Batchelor £10.; Serjeant at Law £15.; Esquire of 21 Years £5.; Widow to pay the Third Part of Rate on her late Husband's Degrees. Gentlemen above 16 Years 20s.
And bee it further enacted and ordained That all and every person and persons who at the time of the execution of this Act shall be of the severall Rankes and Degrees hereafter mentioned shall to the purpose aforesaid contribute and pay the severall summes of money hereafter in this Act sett downe and appointed. That is to say Every person of the Degree of a Duke of England Scotland or Ireland inhabiting and resideing within this Kingdome shall pay the summe of Fifty pounds, Every person of the Degree of a Marquese of any of the said three Kingdomes inhabiting and resideing within this Kingdome shall pay the summe of Forty pounds, Every person of the Degree of an Earle of any of the said three Kingdomes and inhabiting or resideing within this Kingdome the sumrne of Thirty pounds, Every person of the Degree of a Viscount of any of the said three Kingdomes and inhabiting and resideing within this Kingdome the summe of Twenty five pounds, Every person of the Degree of a Baron of any of the said three Kingdomes and inhabiting or resideing within this Kingdome the summe of Twenty pounds, Every eldest Sonne of a Duke of any of the said three Kingdomes, and inhabiting or resideing within this Kingdome being of the age of One and twenty yeares the summe of Thirty pounds, Every eldest Sonne of a Marquesse of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the age of One and twenty yeares the summe of Twenty five pounds, Every eldest Sonne of an Earle of any of the said three Kingdomes and inhabiting or resideing within this Kingdome being of the age of One and twenty yeares the summe of Twenty pounds, Every eldest Sonne of a Viscount of any of the said three Kingdomes and inhabiting or resideing within this Kingdome being of the age of One and twenty yeares the summe of Seaventeene pounds ten shillings, Every eldest Sonne of a Baron of any of the said three Kingdomes and inhabiting or resideing within this Kingdome being of the age of One and twenty yeares Fifteene pounds, Every person of the Degree of a Baronet of any of the said three Kingdomes or of Nova Scotia and inhabiting or resideing within this Kingdome the summe of Fifteene pounds, Every person that is a Knight of the Order of the Bath inhabiting or resideing within this Kingdome the summe of Fifteene pounds, Every person who is a Knight Batchelor inhabiting or resideing within this Kingdome the summe of Ten pounds, Every Sergeant at Law the summe of Ten pounds, Every person of the Degree of an Esquire or soe reputed inhabiting or resideing within this Kingdome and above the age of One and twenty yeares the summe of Five pounds, Every Widdow respectively according to her Husbands Degree shall pay the Third part rated by this Act upon that Degree of which the Husband of such Wife was in his life time, And every Gentleman or reputed Gentleman above the age of Sixteene yeares the summe of Twenty shillings
XI. Gentlemen having Estate of £300 or more, to pay 20s. though an Infant; under that Estate on Oath, not charged.
Provided alwayes That every Gentleman haveing an Estate of the value of three hundred pounds or more shall be charged with the summe of Twenty shillings by vertue of this Act though he be a Minor under the age of One and twenty yeares; And noe Gentleman not haveing such an Estate and shall thereof make Oath before any two or more of the respective Coo[m]mis?ers shall be charged with the said summe of Twenty shillings in respect of his Title.
And bee it further enacted and ordained That all and every the person and persons within the Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede who at the time of the execution of this Act; shall be of the severall Orders Ranckes or Degrees hereafter mentioned shall to the purpose aforesaid pay the severall summes of money hereafter in this Act sett downe and appointed (that is to say) Every person of the Order and Degree of an Archbishop shall pay the summe of Fifty pounds, Every person of the Order and Degree of a Bishop the summe of Twenty pounds Every person of the Degree of a Deane of any Cathedrall or Collegiate Church shall pay the summe of Ten pounds, Every person of the Degree of an Archdeacon shall pay the summe of Forty shillings, Every person of the Degree of a Canon or Prebendary of any ( (fn. 2)) Cathedrall or Collegiate Church, excepting such sole Prebendary [who is a sole Corporacc[i]oon (fn. 3)] and his Prebend not rated in the Exchequer at above Thirty pounds shall pay the summe of Fifty shillings Every person of the Degree of a Doctor in Divinity, Law or Phisicke shall pay the summe of Five pounds.
XIII. Proviso for D.D.: not having Benefice, and for Widows of Ecclesiastical Persons.
Provided alwayes That noe Doctor of Divinity not haveing any Benefice or Ecclesiasticall preferment shall be charged for his Title or Dignitie of Doctor by vertue of this Act, nor the Widow of any Ecclesiasticall person shall be charged for the third part according to the Title or Dignitie of her late Husband,
XIV. Certains Commissioners under 16 & 17 Car. II. c. I. to be Commissioners under this Act.
And bee it further enacted by the Authoritie aforesaid That for the better assessing ordering and leavying of the severall summes of money soe as aforesaid limitted and appointed to be paid, and for the more effectuall putting of this present Act in execution such persons shall by vertue of this Act be Coo[m]mis?ers for the severall and respective Countyes Cittyes Burroughes Townes and Places within the Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede as are nominated, and appointed Coo[m]mis?ers for putting in execution the Powers in a former Act of this Parlyament entituled 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.
XV. Commissioners added.
And bee it further declared and enacted by the Authoritie aforesaid That these persons hereafter named shall be added Coo[m]mis?ers for the severall Countyes Places and Precincts respectively and shall exercise the same power as if they had beene named in the said former Act (viz (fn. 2)).
For the County of Berks Sir William Craven Knight John Kingsmell Esqq[uire]s John Withwick Edward Keate Charles Fettiplace William Bowles senior Es?rs John Munday William Packer Richard House Gen?. Gilly Esqq[uire] Hugh Barker Doctor of Phisicke.
For the County of Bucks Sir Charles Clever Knight Sir Timothy Tyrrell Knight and Baronet Sir Fredericke Hyde Thomas Catesby Edward Stafford Esqq[uire]s Mathew Archdel Genc[i]o Sir John Busby For the Towne of Buckingham George Robbins.
For the Citty and County of the Citty of Chester Thomas Cooper Alderman Edward Bradshaw Esqq[uire] Richard Bird Alderman Richard Minshall Richard Tayler John [Pool (fn. 4)] Robert Harvy Aldermen.
For the County of Cornwall John Trelawney of Trelawen Thomas Vivian John Moulesworth Esqq[uire]rs William Inch Abel French Nicholas Trebarfoote Edward Herle Edward Hoblin Nicholas Herle Walter Leech George Spry William Bond Thomas Dodson John Arundell John [Tregygle (fn. 5)] William Thomas Anthony Tanner John Barret Thomas Penhallow John Tamlin John Verman Richard Williams John Williams Esqq[uire]rs William Kegwin Henry Edwards Arthur Painter Gent[um].
For the County of Cumberland John Warwicke. Richard Lamplugh Miles Penington Joseph Patrickson John Senhouse William Orpheur Fardinando Hudleston Leonard Dykes Hugh Ascue Richard Patrickson John Punsenbee Esquiers.
For the County of Devon Christopher Lord, Torrington Richard Duke Gideon Heidon Richard Lee Richard Hillersdon Samuell Roll Arthur Ashford John Bluet William Bragg Mathew Halls Edmond Parker John Mallet Esqq[uire]rs Sir John Stowell John Chichester Esqq[uire].
For the County of Dorset Robert Culliford William Frampton Robert Williams Henry Henley junior Humphrey Welde Esqq[uire]rs, The High Sheriffe for the time being John Ellesdon Sollomon Andrewes ( (fn. 6)) John Gallop Gent[um].
For the County of Essex Sir John Archer one of the Justices of the Common Pleas Phillip Saltenston Thomas Cullum Esqq[uire]rs Timothy Midleton Esqq[uire] Sir James Russett Edward Shelton Francis Mildmay.
For the Towne of Harwich and Dover Court The Maior for the time being Sir Cappell Luckin Knight and Baronet John Eldred junior Esqq[uire] Mr George Coleman Daniel Smith Captaine Hunter Alderman Sacke Samuell Newton Alderman Robinson Alderman Garriot Alderman Hawks.
For the County of Gloucester Sir John Treacy Sir William Juxon Sir John Newton Baronets Sir Francis Fane Knight of the Bath Sir John Points Knight John Meredeth John Vaughan Thomas Carpender William Oldesworth. John Browning Thomas Veale of Simons Hall Edward Smith George Brett Roger Lingan Robert Loggin Es?rs William Hancock Conway Whitton Thomas Smith Richard Jones of Hanham Thomas Wise Richard Hart Gent[um].
For the County of Hereford James Pitts Francis Pember of Elsdon Robert Minors of Treagoe Edward Scrimshall John Bridge of Priors Courts Es?rs John Burch of Garnston John Curver of Upton Henry Milbourne William Driver Gilbert Hare Gent[um].
Bridstocke [Hertford (fn. 7)] Esqq[uire] Humphrey Diggs Humphrey Howarth James Wellington Gent[um].
For the County of Hertford Sir Thomas Brograve Sir Robert Joselyne Baronets Sir John Witterong Knight and Baronet Sir Charles Cleaver Knight Robert Dicer John Cesar Ralph Radclife Francis Shalcrosse Edward Chester, Thomas Tooke Es?rs Richard Taverner King of Hempesteade Joseph Edmonds Charles Cesar George
For the County of Kent Sir Thomas Monins Sir Thomas Peirse Baronets Sir John Shaw Knight and Baronet Sir Nicholas Strode Knight Edward Master Elwin Wyat ( (fn. 8)) William Wiseman [Es?rs (fn. 9)] The Maior of Maidstone for the time being.
For the County of Lancaster The High Sheriffe for the time being Edmond Ashton of Chatterton Christopher, Banister Es?rs Mr. Richard Shutleworth of Gawthrop junior John Hartley Miles Dodding George Fell Es?rs Captaine William Fleming Richard Kenerdine Doctor in Phisicke.
For the County of Lincolne Carr Scrope Richard Newton Richard Pell William Darwin Redman Burrell Thomas, Browne George Lucas William Basset John Bishop John Butlar William Skipwith Henry Meller Thomas Fristin Peregrine Bartu Es?rs Augustine Caudron Anthony Newlove William Perkins Miles Long Andrew Slee John Browne Francis Johnson of Spaulding Charles Massingbeard John Greene of Dusby Gent[um].
For the County of Midlesex William Ashburnham Cofferer of His Majesties Household Sir Nicholas Strode of St Johns Marke Cotle John Hawtry Edward Palmer Nicholas Townley junior Mathew Blucke William Richardson Charles Porter Ralph Piggot Es?rs Sir John Dethick Doctor Cox Thomas Stringer John Vincent William Thursby Thomas Robinson Es?rs Sir Mundeford Brampston Knight John Jolliffe Lancelot Johnson junior Es?rs.
For the Citty of London Sir William Bolton Lord Maior Sir John Langham Sir John Lawrence Sir Richard [Reeves (fn. 10)] Sir Robert Hanson Sir William Hooker Sir George Waterman Sir Charles Doe Mathew Bluck Esqq[uire] John Moore Henry Partridge Thomas Blackerby Aldermen Sir Robert Viner Sir Joseph Sheldon Sheriffes Edward Arris Esqq[uire].
For the Citty of Westminster Sir Thomas Clifford Comptroller of His Majesties Household Sir William Doyly Sir Oliver [Boteler (fn. 11)] Sir George Downing Baronets Sir Robert Carr Sir James Smith Thomas Exton Doctor at Law Lawrence Squib William Loving John Loving Henry Wynn Phillip Warwicke junior George Bennet Es?rs Doctor Troutbecke [Esqq[uire] (fn. 12)] Henry Aldrich Gent[um] Thomas Tyndall John Chace Phillip Hanbury Walter Bridall Bryan Barnby John Jeffes David Walter John Carance Es?rs Samuell Barrow Doctor in Phisicke Henry Monke Thomas Owen Peregrine Bartu Ambrose Scudamore Thomas Milward Es?rs William Carr Esqq[uire] Thomas Crompe Robert Stockdale Gentlemen Henry Slingsby Esqq[uire] Henry Pecke junior Esqq[uire] Mr. Richard Padgett Mr. George Plucknett Mr. Michaell Arnold Mr. Nicholas Edlyn Ralph Piggot Esqq[uire] Henry Brunkard Esqq[uire].
For the County of Northampton Edward Palmer John Parkehurst of Catesby [Esqq[uire]] (fn. 13)
For the Towne and County of Newcastle upon Tyne William Blacket Esqq[uire] Maior for the time being Sir Nicholas Cole Sir James Clavering Baronets Sir. Francis Liddall Knight Robert Shaftoe Esqq[uire] Recorder Marke Milbanke John Emetson Henry Maddison Es?rs Aldermen Richard Stots Esqq[uire] The Sheriffes for the time being Robert Marley Esqq[uire].
For the County of Southampton Sir Charles Windham John Smith Esqq[uire] Sir John Cloberry William Stephens Nicholas Dorrel Es?rs James Worsley Gent. Carew Reynel Esqq[uire] Henry Doyley Thomas Knight Gent..
For the Citty of Winton Sir Robert Mason [and (fn. 14)] Nicholas Darel Esqq[uire]
For the County of Somerset Sir John Stowel Knight James Prouse Cadwallader Jones William Strode Edward Strode Richard Davadge James Stedman John Baber Hugh Tynt Es?rs Thomas Dyke Richard Musgrave Gent..
For the County of Suffolke Francis Burwell William Femeley Es?rs Thomas Arris Doctor in Phisicke Doctor Bryan Smith Mr. Edward Spencer Edward Man John Cordell Esqq[uire] William Hamon Gent. Thomas Edger of Ipswich Esqq[uire] Barrodell Millisen of Norton Gent. John Duke Esqq[uire] Ambrose Duke Gent..
For the County of Sussex John Ashburnham Edward Blaker Henry Brunkard Esqq[uire]s George Edmonds Captaine John Eversfeild John Backshall Gent. Edward Cooper Esqq[uire] John Matchell Francis Gratwicke Esquiers.
For the County of Surry Sir Francis Duncomble Baronet Sir Ceril Wiche Sir Thomas Thinn Sir William Throckmorton junior Rowland Jucks Edward Cooper William Chislet Richard Mountney Edward Freeman Esqq[uire]s Stephen Harvy Henry Houghton Es?rs.
For the Burrough of Southwarke Sir Edward Bromfield Baronet Sir Thomas Clergis Knight Edmond Clay Thomas Lenthall John Childe Es?rs Richard How William Sherlock senior William Adams Jeremy Baines John Apleby Richard Smith Gent..
For the County of Westmerland Christopher Crackenthrope Chistopher Dalston Christopher Teasdell William Dawes Robert Philipson William Midleton Henry Wilson Robert Braithwaite Richard Ducket William Guy Es?rs.
For the County of Wilts Sir Robert Howard Knight Giles Hungerford Esqq[uire] The Maior of Marleborough for the time being The Maior of the Devises for the time being Thomas Gunter Esqq[uire] Mr. Edomond James Mr. John Jacob Mr. Thomas Vilet Mr. Giles Aleworth Mr. Charles Yorke George Johnson Esqq[uire].
For the Citty of Worcester The Maior and Aldermen and Sheriffes for the time being Sir John Packington Baronet Sir Rowland Berkeley Knight Samuell Sandys senior Thomas Hall Thomas Streete Es?q[uire]rs Samuell Johnsons Mathew Skinner [Doctor (fn. 15)] of Phisicke Robert Wilde Humphrey Wildey Richard Bedoes Edward Cookesey Wintour Harris John Bearecroft Humphrey Tirer Thomas Twitty John Tyas Gent.
For the North Rideing in the County of Yorke Mr, Geldart of Wiggenthorp Richard Turner of Tunstall Roger Tockets John Wentworth William Hustler Es? William Dawson Gent. Sir John Hewley Roger Colvel Gent. Ralph Stepheason William Palmes Edward Chaloner Es?q[uire]rs John Hill of Thornmanby Gent.
For the West Rideing in the County of Yorke John Stanhope Esqq[uire] Francis Carr Gent. William Ellis Henry Edmonds John Hopton Christopher Drisfeild, Henry Slingsby Robert Wivell Robert Brandling Esqq[uire]s Ralph Banister John Cooke Gent. John Savile of Meathley Esqq[uire].
For the [Towne (fn. 16)] of Glamorgan Sir Edward Stradlirig Baronet John Windham Edmond Lewis Richard Seyes of Bouerton Walter Thomas Martin Button Thomas Button Es?q[uire]rs.
For the County of Pembrooke Thomas Phillips Esqq[uire]. High Sheriffe for, the County, of Pembrooke Walter Vaughan James Haward Es?q[uire]rs Essex Merrick William Woogan Es?q[uire]rs Thomas [Coxon (fn. 17)] Gent..
General Meeting of Commissioners 14th Feb, next; to direct Precepts to Inhabitants, Constables, &c. to attend.; and thereupon the Commissioners to read, &c. the Rates openly; and prefix other Days for bringing in Certificates of Names, &c. of Persons residing within certain Limits, together with the Assessments; Penalty; and also the Names of Persons to be Collectors.; Payment to Head Collectors.; Certificates and Assessments to be returned to Commissioners on 1st March next, who are thereupon to issue Warrants, &c. for collecting the Assessments, Collectors to demand Payment within Six Days after Receipt of Warrant, and to levy and pay the same on 8th April 1667; and if not paid then, Distress upon Sub-collector.
Which said Coo[m]mis?sers in order to the speedy execution of this Act Shall in their respective Counties Cittyes Burroughes Townes and Places meete together at the most usuall or common place of Meeting within each of the said Counties Cittyes Burroughes Townes and Places respectively at or before the Forwerteenth day of February next ensueing, And the said Coo[m]mis?sers or soe many of them as shall be present at the first generall meeting or the major part of them may by their consents and agreements divide as well themselves as other the Coo[m]mis?sers not then present for the [Excution (fn. 18)] of this Act in Hundreds Lathes Wapentakes Rapes Wards Townes and other Places within their Limitts priviledged or not priviledged in such manner and forme as to them shall seeme expedient and shall direct their severall or joynt Precept or Precepts to such Inhabitants High Constables Pettit Constables Bayliffes and other like Officers and Ministers and such number of them as they in their discretions shall thinke most convenient requireing them to appeare before the said Coo[m]mis?sers at such time and place as they shall appoint not exceeding Eight dayes And at such their appearances the said Coo[m]mis?sers or soe many of them as shall be thereunto appointed shall openly reade or cause to be reade unto them the Rates in this Act mentioned, and openly declare the effect of their charge unto them and how and in what manner they ought and should make their Certificates according to the Rates aforesaid, And shall then and there prefix another day to the said persons to appeare before the said Coo[m]mis?sers and bring in their Certificates of the names and sirnames quallities degrees and titles of all and every the persons dwelling or resideing within the limitts of those places with which they shall be charged, and of the substances and values of every of them in Money Debts Annuall Fees Perquisites Wages Proffitts Emolluments and other things chargeable by this Act without concealement love favour dread or mallice upon paine of forfeiture of any summe not exceeding Five pounds to be leavyed as by this Act is appointed, And shall then alsoe returne the names of two or more able and sufficient persons within the limitts and bounds of those Parishes or places where they shall be chargeable respectively as aforesaid to be Collectors of the moneyes due to His Majestie by this Act For whose paying in to the Head Collectors in manner following such moneyes as they shall be charged withall the Parish or place by whom they are soe imployed shall be answerable Which Certificates and Assesments shall be ascertained and returned into the Coo[m]mis?ers at or before the First day of March next ensueing and upon the delivery and returning in of such Certificates or Assesments unto the said Co[m]mis?sers they or any two or more of them shall forthwith issue out and deliver their Warrants or Estreets to such Collectors as aforesaid for the speedy collecting and leavying of the said Assesments and all Moneyes and Rates due thereupon according to the intent and subsequent directions of this present Act. Of all which the said Collectors are hereby required to make demand of the partyes themselves, or at the places of their last abode within six dayes after the receipt of such Warrants or Estreates and to levy and pay in the same on or before the [eigth (fn. 19)] day of Aprill One thousand six hundred sixty seaven at such place as the Coo[m]mis?sers shall appoint unto their respective Head Collectors who are hereby impowered and required to call upon and hasten their Sub Collectors to the said payment, and after the said [eigth (fn. 19)] day of Aprill to leavy by Warrant under the Hands and Seales of any two or more of the Co[m]mis?ser upon [any (fn. 20)] Subcollector by Distresse such summe and summes. of Money as ought by him to have beene paid and is not paid by reason of his failer in doeing. his duty according to the direction of this Act, soe as every Head Collector may and shall make payment of the full summe by him to be paid at or before the fifteenth day of the said Moneth of Aprill unto the respective Receivour Generall who is likewise required to call upon and hasten the said Head Collector.
XVI. Duplicate of Sum charged within every Hundred, &c. to be returned into the Exchequer under the Hands and Seals of Commissioners, before 20th April next; Appeals to be first determined; and like Duplicates to be delivered to Receivers General, and Money paid before 30th April 1667.
Commissioners may examine Presenters of Certificate, and if they have cause to suspect that Property is of a greater Value than represented, then to proceed against the Parties.; Commissioners may enquire, but not on Oath, into the Value of Property assessed.
And bee it enacted That a true Duplicate of the whole summe charged within every Hundred Lath Wapentake Parish Ward or place rated and assessed in pursuance of this Act without nameing the persons shall under the Hands and Seales of two or more of the Coo[m]mis?ers thereunto appointed be returned into His Majesties Exchequer before the Twentyeth day of Aprill next ensueing (all Appeales being first determined) And that like Duplicates be alsoe in convenient time made out and delivered unto the Receivers Generall and Head Collectors according to their respective Collections soe as every of them may be duely charged to answere their respective Collections and Receipts and that the money due thereupon be paid into His Majesties Exchequer before the Thirtieth day of the said moneth of Aprill One thousand six hundred sixty seaven, And upon returne of any such Certificate the said Coo[m]mis?sers or any three or more of them shall and may if they see cause examine the Presenters thereof, And if the said Coo[m]mis?sers or any three or more of them within their severall limitts shall have certaine knowledge or vehemently suspect that any person or persons in the said Certificate mentioned is or are of a greater Value or estate then in the said Certificate is mentioned The said Coo[m]mis?ers or any three or more of them shall have power to warne such person or persons to appeare before them at a day and place prefixed to be examined touching their Substance and Value, or touching other matters which may any way concerne the Premisses, And if the person or persons warned to be soe examined shall negclect to appeare (not haveing a reasonable excuse for such his Defaulte) every person soe makeing Defaulte shall pay unto His Majestie double the summe of, the Rate, he should or ought to have beene sett at And moreover the said Coo[m]mis?sers or any three or more of them shall have power by all lawfull wayes and meanes without Oath to examine and inquire into the value and substance of such persons chargeable by this Act, And to sett such rate or rates' upon every such person or persons as shall be according to the true intent and meaning of this Act.
XVII. Commissioners may appoint Head Collector; whose Receipt shall be a Discharge to Sub-collector.
2d. in the Pound to Sub-collector. Head Collector to pay to Receiver General; whose Receipt shall be a Discharge to Head Collector.; 1d. in the Pound to Head Collector.; Receiver General to pay into Exchequer.; Allowance to Receiver General.
And bee it enacted That the said Coo[m]mis?sers or any three or more of them in their respective Division or Hundreds shall and are hereby, impowered to nominate and appoint under their hands and seales an honest able and responsible person to be Head Collector unto whom the moneyes [paid (fn. 21)] by the Sub Collector shall be duely paid as aforesaid whose Receipt shall be a sufficient discharge unto every such Sub Collector which Sub Collector for gathering the said perticular summes shall retaine in his hands for every Twenty shillings by him soe paid Two pence as a reward for his paines and service, And the said Head Collector is hereby required upon the receipt thereof to pay the same [unto (fn. 22)] the Receiver Generall of each County respectively in manner aforesaid And for his soe doeing the said Coo[m]mis?sers are hereby impowered and required to take such good Securitie as they shall thinke fitt,. Consideration being therein had of the said Collectors Receipt, And the said Receivers Generalls Acquittance shall be a sufficient Discharge unto every such Head Collector who shall retaine in his hands for every Twenty shillings by him soe paid One penny as a reward for his paines and service, And the said Receiver Generall shall (before the Thirtyeth day of Aprill aforesaid) pay the whole summe by him received into His Majestyes Exchequer, and shall have an allowance of Two pence in the pound for all moneyes which shall be by him paid into the Receipte of the Exchequer by the time prefixed in this Act, and for soe much as shall be by him paid in after the time prefixed One penny in the pound and noe more.
XVII. Commissioners Clerks 2d. Per Pound.
And for the carefull writeing and transcribeing the said Warrants Estreates and Duplicates in due time Bee it further enacted That the Coo[m]mis?sers Clerks who shall respectively performe the same shall by Warrant under two or more of the Coo[m]mis?sers hands have and receive from the respective Head Collectors Two pence in the pound of all such moneyes as he shall have received by vertue of such Warrants and Estreates who is hereby appointed and allowed to pay the same accordingly.
XIX. Head Collector not paying; Imprisonment and Real and Personal Estate to be seized.
Commissioners seizing to give Notice of Meeting.; Commissioners at such Meeting may sell the said Estates for Payment; returning Overplus.; Persons assessed refusing to pay on Demand, Officer, may distrain.; Proceedings thereon.; Persons assessed not paying in 20 Days.; and where no sufficient Distress, Party to be imprisoned in the Common Gaol without Bail.; Person aggrieved by Rate, &c. may complain to Commissioners.; Commissioners to meet to hear Complaints.
And bee it further enacted That if any Head Collector, shall not pay into the Receiver Generall within the time limited by this Act all summes of money by him received by vertue of this Act That then the said Coo[m]mis?sers or any two or more, of them being informed thereof are hereby impowered and required to imprison every such Head Collector and alsoe to seise and secure the Estate both reall and personall of such Head Collector or which shall from him descend or come into the hands or possession of his Heires Executors or Administrators whereever the same can be discovered or found, And the said Coo[m]mis?sers who shall soe seize and secure the Estate of any Head Collector shall be and are hereby impowered to appoint a time for the generall meeting of the Coo[m]mis?sers of such County Citty or Towne and there to cause publique notice to be given [at (fn. 23)] the place where such meeting shall bee appointed ten dayes at least before such generall meeting, And the Coo[m]mis?sers present at Such generall meeting or the major part of them in case the moneyes detained by such Head Collector be not paid or satisfied as 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 or any part of them which shall be for the cause aforesaid seised and thereby to secure and pay all the money in arreare in such Head Collectors hand for His Majestyes use and returne the overplus deducting necessary charges to such Head Collector his [Heires (fn. 23)] Executors And Administrators respectively, And if any person or persons shall refuse to pay the severall summe and summes and proportions appointed by this Act for such person to pay upon demand made by the Officer or Collector of the place according to the Precept or Estreats to him delivered by the said Coo[m]mis?sers It shall and may be lawfull to and for such Officer or Collector, who are hereby thereunto authorized and required for non payment thereof to destraine the person or persons soe refuseing by his or their Goods or Chattells and the distresse soe taken to keepe by the space of fower dayes at the costs and charges of the Owner thereof. And if the said Owner doe not pay the summe of money due by this Act within the said fower dayes, then the said Distresse to be apprized by three or two of the Inhabitants where the said Distresse is taken and there to be sould by the said Officer for payment of the said money and the overplus comeing by the said Sale (if any be) over and above the charges of takeing and keeping the said Distresse to be immediately restored to the Owner thereof And if any person or persons assessed by this Act shall refuse [or neglect (fn. 23)] to pay the summe or summes soe assessed by the space of twenty dayes after demand as aforesaid where noe sufficient Distresse can or may be found whereby the same may be levyed, in every such case three or more of the Coo[m]mis?sers by this Act appointed for any such Citty County or Place are hereby authorized by warrant under their Hands and Seales to commit such person or persons to the common Goale there to be kepte without Baile or Maineprize untill payment shall be made, And if any person certified assessed or rated finde him or herselfe agreived with such assessing or rateing, and doe within ten dayes after demand thereof made complaine to the Coo[m]mis?sers, The said Coo[m]mis?sers or any two or more of them, whereof one of the Coo[m]mis?sers who signed or allowed his or her Rate to be one shall and may within Fowerteene dayes next after such Complaint particularly examine the person soe complaining upon his or her Oath of his or her personall Estate aforesaid, And upon due examination or knowledge thereof abate defalke increase or inlarge the said Assessment, And the same soe abated increased or inlarged shall be estreated by them into the Exchequer in manner aforesaid, And to that end the said Coo[m]mis?sers are hereby required to meete together for the determining of such Complaints and Appeales accordingly
XX. Officers to be rated where their Office executed.
And bee it; further enacted That every person rated for his Office shall be rated and pay for his said Office in the place where the said Office is executed, And every person to be otherwise rated shall be rated and the summe or summes on him or her sett and levyed at such places where he or she and with his or her Family shall be resident at the time of the execution of this Act, And that all persons not being Householders nor haveing a certaine place of abode and all Servants shall be taxed at the place where they are resident at the time of the execution of this Act, three moneths before the execution of this Act.
XXI. If Persons having several Mansions be doubly charged.
Provided alwayes That if any person haveing severall Mansion houses or places of Residence shall be doubly charged by vertue of this Act That upon Certificate made by two or more of the Coo[m]mis?sers for the County Citty or Place (which Certificate the said Coo[m]mis?sers are required to give without delay fee or reward) of his or their last personall Residence under their Hands and Seales of the summe or summes there charged upon him or them and in what capacitie or respect he or they were soe charged and upon Oath made of such Certificate before the Coo[m]mis?sers to whom such Certificate shall be tendred which Oath the said Coo[m]mis?sers are hereby authorized to administer, Then the person and persons soe doubly charged shall (for soe much as shall be soe certified) be discharged in every other County Citty or Place, And if any person at the time of the Assessing shall be out of the Realme such person shall be rated where such person was last abideing within the Realme. And if any person that ought to be taxed by vertue of this Act by changing his place of residence or by fraude or coven shall escape from the Taxation and not be taxed and the same proved before the Coo[m]mis?sers or two of them, or two Justices of the Peace of the County where such person dwelleth or resideth at any time within Six moneths next ensueing after such Taxe made, Every person that shall soe escape from the said Taxation and payment shall be charged upon proofe thereof at the double value of soe much as he should or ought to have beene taxed by the Act, The said double value upon Certificated thereof made into the Exchequer by the Coo[m]missers or Justices before whom such proofe shall bee made to be levyed of the Goods Lands and Tenements of such persons towards the Supply aforesaid.
XXII. Commissioners may assess other Commissioners and Assessors.
And bee it further enacted That the Coo[m]mis?sers which shall be within any County or Place within their respective limitts or the major part of them shall taxe and assesse every other Coo[m]mis?ser joyned with them and the Coo[m]mis?sers within their Division shall assesse every Assessor within their Division And as well all summes upon every the said Coo[m]missers and Assessors as the Assessments made and presented by the Presenters as aforesaid shall be written estreated leavyed and gathered as it should and ought to have beene as if the said Coo[m]mis?sers had not beene named Coo[m]mis?sers.
XXIII. Collector for Peers.
Provided alwayes and it is hereby declared That the severall Rates and Taxes to which the Lords and Peeres of this Realme shall be lyeable by vertue of this Act shall be received by a Collector to be nominated by the Peeres which said Collector shall cause the same to be paid into His Majestyes Receipted of Exchequer at Westminster upon or before the aforesaid thirtyeth day of Aprill,
XXIV. Proviso for Scotland, Ireland, Jersey and Guernsey.
Provided That this Act shall not extend to the Inhabitants of Scotland Ireland Jersey or Guernsey for or concerning any such personall Estate as aforesaid which they or any other to their use have within the places aforesaid
XXV. Treasurers of Navy and Ordnance to retain id. in the Pound out of Monies paid to and issued by them.
And bee it further enacted by the Authority aforesaid That the respective Treasurers of His Majestyes Navy and Ordnance are hereby authorized and required to take and retaine unto themselves and such as shall be respectively imployed by and under them One penny in the pound and noe more out of the moneyes, raised by vertue of this Act and paid unto and issued out by them to any person or persons in pursuance thereof to be allowed unto them in their respective Accompts.
XXVI. Assessors and others appointed by Comissioners, neglecting Duty, Penalty.
And bee it further enacted That if any Assessor Collector Receiver or other person appointed by the Coo[m]mis?sers shall willfully negclect or refuse to performe his Duty in the due and speedy Execution of this present Act, the said respective Coo[m]mis?sers or any three or more of them may and shall by vertue of this Act impose on such person or persons soe refuseing or negclecting their Dutyes any fine not exceeding the summe of Twenty pounds for any one offence the same to be leavyed and certifyed as aforesaid into His Majestyes Court of Exchequer and charged upon the respective Receiver Generall amongst the rest or the Rates aforesaid, and the said Coo[m]mis?sers or any two or more of them may or shall from time to time call for and require an Accompt from the respective Receiver Generall of all the Moneyes received by him of the said Head Collectors and of the payment thereof into His Majestyes Receipte of Exchequer according to the direction, of this Act And in case of any failer in the premises the said Coo[m]is?sers or any two or more of them are hereby required to cause the same to be forthwith leavyed and paid according to the true intend and meaning of this Act.
XXVII. If any Controversy between Commissioners concerning Rates, Proceedings.
Questions touching the Rates to be determined by Two or more Commissioners.; Receiver General to give Acquittances to Head Collectors, and Head Collectors, to Sub-collectors gratis.; Sub-collectors to deliver to Head Collectors a Schedule of Names, &c. of Persons making Default, to be returned into the Exchequer.
And in case of any controversie ariseing betweene the [said (fn. 24)] Coo[m]mis?sers concerning the said Rates or Assessments; the Coo[m]mis?ers that shall be concerned therein shall have noe voice but shall withdraw the dureing the debate of such controversy untill it be determined by the rest of the Coo[m]mis?sers And all questions and differencies that shall arise touching any of the said Rates Taxes Assesments or Leavyes shall be heard and finally determined by two or more of the Coo[m]mis?sers upon complaint thereof to them made by any person or persons thereby grieved without further trouble or Suite in Law And the said Receiver Generall shall give Acquittances gratis to the said [Head (fn. 25)] Collectors, for all moneys of them received & the said Head Collectors shall alsoe give Acquittances gratis to the Sub Collectors, for all such moneys as shalbe ?pd by them in pursuance of this Act, which Acquittances shall be a full Discharge to the said Head Collectors and Subcollectors respectively. And the said Sub Collectors shall make and deliver to the said Head Collectors a perfect Schedule fairely written in Parchment under their hands and seales signed and allowed by any two or more of the respective Coo[m]mis?sers containing the names sirnames and places of abode of every person within their respective Collection that shall make defaulte of payment of any of the summes that shall be rated or assessed on such person by vertue of this Act and the summe and summes charged on every such person. The same Schedule to be delivered by the Head Collector to the Receiver Generall of that County Citty Towne or Liberty respectively to be by him returned into His Majestyes Exchequer Whereupon every person soe makeing defaulte of payment may be charged by Processe, of the Court according to the course thereof in that behalfe
XXVIII. Proviso against Double Charge in respect of Titles.
Provided alwayes and bee it enacted That noe person shall by vertue of this Act be doubly charged for or in respect of severall [Honours Titles (fn. 26)] or Degrees but that every such person shall be charged and assessed for such Title Honour or Degree onely as is highest rated by this Act.
XXIX. Letters Patent from the Crown of Privileges, &c. or Non obstantes not to exempt from Payment of Assessment.
And bee it further enacted by the Authority aforesaid That noe Letters Patents granted by the Kings Majestie or any of His Royall Progenitors or to be granted by His Majestie to any person or persons Cittyes Burroughes or Townes corporate within this Realme of any manner of Libertyes Priviledges or Exemptions from Subsidyes Tolls Taxes Assessments or Ayds shall be construed or taken to exempte any person or persons Citty Burrougli or Towne corporate or any the Inhabitants of the same from the burthen and charge of any summe or summes of money granted by this Act or any other Act of this Parlyment now in force to the Aid and Supply of His Majestie in the present Warr, And all Non obstantes in any such Letters Patents made or to be made in barr of any Act or Acts of Parliament for the supply or assistance of His Majestie are hereby declared to be void and of none effect, Any such Letters Patents Grants or Charter or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding.
XXX. Former Receiver in Arrear acting,
Provided alwayes and bee it enacted by the Authoritie aforesaid That if any person being a Receiver of money due upon any former Act of this present Parlyament not haveing accompted for all the moneyes by him received and to be accompted for upon such Act or Acts before Michaelmas One thousand six hundred sixty six shall be appointed Receiver for any the moneyes due by 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 Essoyne Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance.
XXXI. £30,000 to the King's Guards.
XXXII. By whom Peers to be rated for their Offices and Personal Estate.
[Provided neverthelesse And bee it further enacted That all and every the Peeres who are to be rated by vertue of this Act for their Offices and personall Estates shall be rated by John Lord Roberts Lord Keeper of the Privy Seale George Duke of Buckingham George Duke of Albemarle Generall of His Majestyes Forces by Sea and Land Edward Earle of Manchester Lord Chamberlaine of His Majestyes Household Anthony Earle of Kent Richard Earle of Dorset John Earle of Bridgewater James Earle of Northampton Oliver Earle of Bolingbrooke Thomas Earle Rivers Arthur Earle of Essex Arthur Earle of Anglesey Charles Earle of Carlisle William Earle of Craven Richard Lord Archbishop of Yorke Humphrey Lord Bishop of London George Lord Bishop of Winchester Benjamin Lord Bishop of Lincolne Seth Lord Bishop of Exeter Edward Lord Bishop of Carlisle John Lord Bishop of Rochester Henry Lord Arlington one of His Majestyes Principall Secretaryes of State George Lord Berkley of Berkley Castle Phillip Lord Wharton Charles Lord Howard of Charleton William Lord Grey of Warke Francis Lord Newport John Lord Lucas John Lord Bellasyse Charles Lord Gerard of Brandon Charles Lord Cornwallis and Anthony Lord Ashley Chauncellour and Under Treasurer of His Majestyes Exchequer or any five of them and not otherwise and shall not be subjected to the Imprisonment of his or their Persons Any thing in this Act contained to the contrary in any wise notwithstanding. (fn. 27)]
XXXIII. Repayment of Monies lent how to be secured.
And to the intent that all Moneyes to be lent to Your Majestie and the Moneyes that shall be due upon Contracts for Wares Shipps Goods Victualls or other Necessaries 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 shall be provided and kepte in Your Majestyes Exchequer (to witt) in the Office of the Auditor of the Receipt One Booke or Register in which all Moneyes that shall be paid into the Exchequer shall be entred and registred apart and distinct from all other Moneyes paid or payable to Your Majestie or to Your Heires or Successors upon any other Branch of Your Revenue or upon any other Accompte whatsoever. And that there be one other Booke or Registry provided and kepte in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Under Treasurer or by the Coo[m]mis?ers of the Treasury for the time being, for payment of all and every summe and summes of Moneyes to all persons for Moneyes lent Wares Goods or Victualls or other Necessaryes bought or Shipps hired, or other payments directed by Your Majestie relating to the service of this Warr. And that noe Moneyes levyable 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 (fn. 28)] Warrant are for the service of Your Majestie in the said Warr respectively. That alsoe there be the like Booke or Registry provided and kepte by the said Auditor of all Moneyes paid out or issued by vertue of such Orders and Warrants.
XXXIV. Lenders of Money and Furnishers of Wares, &c. under this Act to have free Access to Books.
Tally of Loan to Lender, and Warrant for Interest at £6 per Cent. per Ann. to be paid every Three Months. Persons furnishing the Navy and Ordnance to have Warrant for; Payment on Certificate, which is to be had without Fee.; Orders for Re-payment to be registered according to Date of Tally, and paid in course; ; without Preference.;Whether for Payment of Moniei lent or for Goods, &c. furnished to the Navy, &c.; Monies to come in by this Act liable to satisfy such Loans.; 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. ; Auditor, Clerk of the Pells, or. Teller not making Payments in due Order; Penalty.
And that it shall be lawfull for any person or persons willing to lend any money, or to furnish any Wares Victualls Shipps Goods or other Necessaries on the Credit of this Act at [the (fn. 28)] usuall times when the Exchequer is open to have accesse unto and [review (fn. 29)] 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 Wares Victualls Shipps or other Necessaries as aforesaid. And that the Auditor of the Receipte his Deputyes and Clerkes shall be assistant to such persons for their better and speedier satisfaction in that behalfe, And that all and every person and persons who shall lend any Moneyes to Your Majestie and pay the same into the [Receipt of the (fn. 31)] Exchequer shall immediately have a Tally of Loane strucke for the same and an Order for his Repayment beareing the same Date with his Tally, in which Order shall be alsoe contained a Warrant for payment of Interest for forbearance after the Rate of Six per Cent. per Annu[m] for his consideration to be paid every three Moneths 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 Shipps Victualls or any other Necessaries for the Service aforesaid shall upon Certificate of the Coo[m]mis?ers and Officers of the Navy or of the Master or Coo[m]mis?ers and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the Moneyes due or payable unto them, which Certificates the said Officers of Your Navy Coo[m]mis?ers and Officers of the Ordnance shall make without Fee Charge or Delay And that all Orders for Repayment 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 payment of moneyes for Goods Wares Victualls and other Necessaries furnished to Your Majestie Your Officers Master or Coo[m]miss?ers as aforesaid shall be registred in course according to the time of bringing to the Office of the Auditor of Receipte 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 above mentioned either for Loanes of Money; Supplyes of Wares Goods Victualls or other 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 their Certificates and the dates of the Orders for Payments directed by His Majestie as they are in pointe 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 (fn. 30)] Booke be it Orders for Payments directed by His Majestie or [of (fn. 31)] moneyes lent, or for Wares Commodities Shipps Victualls or other necessaries furnished as aforesaid soe as that the person Native or Forreyner 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 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 not be divertable to any other use intent or purpose whatsoever, And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any Your Majestyes Subjects for providing or makeing of any such Bookes Registers Entries View Search or 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 [Ordinance (fn. 32)] as aforesaid by any of Your Majestyes Officer or Officers their Clerkes or Deputyes on paine of payment of treble damages to the party greived by the partie offending with Costs of Suite, And if the Officer himselfe take or demand any such Fee or reward then to loose 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 Deputy or Clerke without direction or Privity of his Master then such Deputie or Clerke onely shall be lyeable to such Action Debt Damages and Costs and shall be for ever after uncapeable of his Place or Office, And in case the Auditor shall not direct the Order or the Clerke of the Pells record or the Tellar, make payment according to each persons due place and order as afore[said (fn. 33)] directed then he or they shall be judged to forfeite, and their respective Deputyes and Clerks herein offending to be lyeable to such Action Debt Damages and Costs in such manner as aforesaid.
XXXV. How all such Penalties to be recovered.
All which said Penaltyes Forfeitures Dammages and Costs to be incurred by any of the Officers of the Exchequer Navy or Ordnance or any their Deputies or Clerkes shall and may be recovered by Action of Debt, Bill, Plaint or Information in any of His Majesties Courts of Record at Westminster wherein noe Essoyne Protection Priviledge Wager of Law Injunction or Order of restrainte shall be in any wise granted or allowed.
XXXVI. Proviso where several Tallies bear Date the same Day.
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 directed by Your Majestie as aforesaid beare date or be brought the same day to the Auditor of the Receipte to be registred then it shall be interpretted noe undue Preference which of these he enters first soe he enters them all the same day.
XXXVII. Paying subsequent Orders, if first demanded, no undue Preference, if sufficient reserved to satisfy preceding Orders.
Provided alsoe That it shall not be interpreted any undue preference to incurr any penaltie in point of payment if the Auditor direct and the Clerke of the Pells record and the Tellar 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 kepte for them Interest upon Loane being to cease from the time the money is soe reserved and kepte in banke for them
XXXVIII. Orders for Payment of Money lent may be assigned by Indorsement.
And bee it further enacted by the Authoritie aforesaid That every person or persons to whom any moneyes shall be due by vertue of this Act after Warrant or Order entred 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 of the Receipt aforesaid and an entry and memoriall thereof alsoe, made in the Booke of Registry aforesaid for Warrants (which the Officers shall on request without [Fee (fn. 34)] or charge accordingly make) shall intitle 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 the moneyes thereby due or any part thereof.
In Actions brought touching Execution of this Act, General Issue may be pleaded.; 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 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 Nonsuite 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 the Law are given to [the (fn. 35)] Defendants.