Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Grant of £1,256,347. 13s.
Wee Your Majestyes most dutyfull and Loyall Subjects the Commons assembled in Parlyament as a further Aid and Assistance of Your Majestie dureing the present Warrs have given and granted and by these presents doe give and grant unto Your most Excellent Majestie the Summe of Twelve hundred fifty six thousand three hundred forty seaven pounds thirteene shillings to be raised and levyed in manner following. And wee 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 Parlyament assembled and by the Authoritie of the same that the Summe of twelve hundred fifty six thousand three hundred forty seaven pounds thirteene shillings shall be raised levyed and paid unto Your Majestie within the space of eleaven Moneths in manner following that is to say, Whereas in and by a certaine Act of Parlyament lately passed entituled An Act for granting a Royall Ayd unto the Kings Majestie of Twenty fower hundred threescore and seaventeene thousand and five hundred pounds to be raised levyed 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 moneths from the five and twentyeth day of December One thousand six hundred sixtie fower should be assessed taxed collected levyed and paid by twelve quarterly payments in the severall Counties 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 as in the said Act is expressed And whereas alsoe in and by one other Act of Parlyament passed in the Sessions of Parlyament lately held at Oxford entituled An Act for granting the Summe of Twelve hundred and fifty thousand pounds to the Kings Majestie for his present further Supply It was amongst other things further enacted that the Summe of Fifty two thousand fower score and three pounds six shillings eight pence by the moneth for twenty fower moneths begining from the five and twentyeth day of December One thousand six hundred sixty and five should be likewise assessed taxed collected leavyed and paid by Eight Quarterly payments in the severall Cittyes Burroughes Townes and places within England and Wales and the Towne of Berwicke upon Tweede over and above the said Summe of threescore and eight thousand eight hundred and nineteene pounds and nine shillings as an addition to and increase of the said Monethly Assesment according to the Rates and Proportions therein expressed, Both which Summes together amount unto the Summe of One hundred and twenty thousand nine hundred and two pounds fifteene shillings eight pence by the moneth And whereas alsoe in and by one other Act of Parlyament passed in the same Sessions entituled An Act for granting one Monethly Assesment to his Majestie It was amongst other things enacted That the Summe of One hundred and twenty thousand nine hundred and two pounds fifteene shillings and eight pence for one Moneths Assessment begining upon the six and twentyeth day of December One thousand six hundred sixty and seaven and ending upon the Six and twentyeth day of January in the same yeare should be assessed taxed collected leavyed and paid in the severall Countyes Cittyes Burroughes Townes and places within England and Wales and the Towne of Berwicke upon Tweede according to the rates and proportions therein expressed
II. An Eleven Months Tax.
It is now further enacted by the Authority aforesaid That the Summe of One hundred and fowerteene thousand two hundred and thirteene pounds eight shillings five pence halfe penny by the moneth for eleaven moneths begining from the Six and twentyeth day of January One thousand six hundred sixty and seaven shall be assessed taxed collected levyed and paid by fower payments in the severall Countyes Cittyes Burroughes Townes & places within England and Wales and the Towne of Berwicke upon Tweede according to the rates rules and proportions and in such manner as herein [here (fn. 1) ] after is expressed that is to say for every of the said Eleaven moneths.
Rates of the several Counties.
For the County of Yorke with the Citty and County of the Citty of Yorke and Towne and County of Kingstone upon Hull the summe of Six thousand ninety fower pounds thirteene shillings nine pence three farthings.
III. Commissioners under 16 & 17 C. II. c. 1. and 18 C. II. c. 1. to act as Commissioners under this Act; and to have like Power and Authority; and Officers employed under this Act to have the like Benefits,and to be subject to the like Penalties.
And bee it further enacted by the Authority aforesaid That all and every the persons who are nominated in and by the said first recited Act and in and by an Act passed this present Session of Parlyament entituled An Act for raiseing money by a Poll and otherwise towards the Maintenance of the present Warr, to be Coo[m]mis?ers of and for the [severall and (fn. 2) ] respective Countyes, Cittyes Burroughes Townes and Places therein, or in either of them mentioned shall likewise be soe and soe are hereby appointed to be Coo[m]mis?ers for execution of this present Act within the severall and respective Countyes Cittyes Burroughes Townes and Places for which they were nominated in the aforesaid Acts or either of them, and shall have and execute the like power and authority rules and directions touching the better assessing collecting levying receiving and paying the said One hundred and fowerteene thousand two hundred & thirteene pounds thirteene shillings halfe penny by the moneth dureing the said eleaven moneths as in and by the said first mentioned Act were given to the said Coo[m]mis?ers touching the better assessing collecting receiving and paying the threescore and eight thousand eight hundred and nineteene pounds nine shillings by the moneth payable as aforesaid; And all and every person or persons who shall be lyeable unto or any wayes concerned or imployed in the assessing collecting levying receiving or paying any of the moneyes by this Act imposed shall have like benefitt advantages allowances 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 assessing collecting levying receiving or paying any of the Moneyes by the said former Acts 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
IV. Commissioners to meet 2d Tuesday in Feb. 1667; and may divide themselves; and to meet Three Weeks before each Payment of Assessment, which is to be paid to Receivers of Counties, and by them into Exchequer.
To the end that the said eleaven monethly Assesments granted by vertue, of this present Act may be duely answered and paid in as aforesaid Bee it further enacted That the severall Coo[m]mis?ers shall meete together at the most usuall and coo[m]mon place of meeting as in the said first recited Act is directed on or before the second Tuesday in February which shall be in the yeare of our Lord One thousand six hundred sixty seaven to putt this Act in execution according to the best of their judgements and discretions, and shall then if they see cause subdivide as well themselves as others as by the said Act is further directed concerning the said former Assesment. And further That they meete at least three weekes before each payment of the said severall Assesments for the purposes aforesaid, And that the said payments of one hundred and fowerteene thousand two hundred and thirteene pounds eight shillings and five pence halfe penny by the moneth shall be assessed collected leived and paid to the Receiver of the severall Countyes appointed or that shall be appointed by his Majestie and by them answered and paid into his Majesties Exchequer on the dayes and times hereafter mentioned and expressed.
V. £228,426.16s.11d. to be paid to Receiver General 1st May 1668.
Bee it enacted by the Authoritie aforesaid That the summe of two hundred twenty eight thousand fower hundred twenty six pounds sixteene shillings and eleaven pence being the first payment for the first two moneths of the aforesaid eleaven moneths hereby imposed shall be assessed collected levyed and paid in to the said Receiver Generall of the said severall Countyes who shall be appointed by his Majestie and who are hereby required to transmitt or cause the same to be paid into his Majesties Receipt of His Exchequer on or before the first day of May in the yeare of our Lord One thousand six hundred sixty and eight, And the summe of three hundred forty two thousand six hundred and forty pounds five shillings fower pence halfe penny being the second payment of the said eleaven moneths on or before the first day of August in the yeare of our Lord One thousand six hundred sixty and eight, And the summe of three hundred forty two thousand six hundred and forty pounds five shillings fower pence halfe penny being the third payment of the said eleaven moneths on or before the first day of November in the yeare of our Lord One thousand six hundred sixty and eight, And the summe of three hundred forty two thousand six hundred and forty pounds five shillings fower pence halfe penny being the fowerth and last payment of the said eleaven moneths on or before the first day of February in the yeare of our Lord One thousand six hundred sixty and eight.
VI. Repayment of such Monies how to be secured.
Books to be provided.; No Monies to be issued out of Exchequer but by Order of Treasury.; Persons lending Moniesorfurnishing Goods, &c. may have free Access to Books without Fee.; Tally of Loan to Lenderand Warrant for Interest at £6. per Cent. per Ann. payable every Six Months.; Orders for Repayment to be registeredaccording to Date of Tally, and paid in course.; Monies to come in by this Act liable to satisfy such Loans.; No Fee for providing ormaking Books, &c. or for Payment of Money lent.; Penalty.; Punishment.; Undue Preference by Officer; Penalty and Loss of Office.; By Deputy; Penalty and Incapacity.; Auditor, Clerk of the Pells, or Teller not making Payments in due Order.; Penalty.
And to the intent that all moneyes to be lent to your Majesty and the moneyes that shall be due upon such contracts for Wares Shipps Goods or Victualls or other necessaries which shall be delivered for your Majestyes Service upon the Credit of this Act by any person or persons Native or Forreigner Bodyes Pollitique or Corporate may be well and sufficiently secured out of the moneyes ariseing and payable thereby Bee it further enacted by the Authority 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 Registry in which all moneyes that shall be paid into the Exchequer ariseing or payable by this Act 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 account 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 or 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 necessaries bought, or Shipps hired, or other payments directed by your Majestie relateing to the Service of this Warr upon the moneyes ariseing and payable by this Act, And that noe moneyes levyable by this Act be issued out of the Exchequer 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 dureing the said Warr, 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, And that it shall be lawfull for any person or persons willing to lend any moneyes, or to furnish any Wares Victualls Shipps goods or other necessaryes 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 encouragement to lend any moneyes or furnish any Goods Wares Victualls Shipps or other necessaries as aforesaid. And that the Auditor of the Receipte his Deputie or Clerke 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 Receipte of the 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 cen? per annum for his consideration to be paid every six moneths, untill the repayment of his Principall. And that all person and persons who shall furnish your Majestie your Offices 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 moneyes lent shall be registred in course according to the date of the Tallies respectively, And that all Orders signed by the Lord Treasurer and Under Treasurer of the Exchequer for payment of moneyes for Goods Wares and Victualls and other necessaries furnished to your Majestie your Officers Master or Coo[m]mis?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 sorts of Orders above mentioned either for Loanes of Moneyes Supplyes of Wares Goods [Shipps Victualls (fn. 3) ] 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 the Certificates and the dates of the Orders for [Payment (fn. 4) ] directed by his Majestie 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 lent, or for Wares Coo[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 theire Warrants or Orders Warrant or (fn. 5) ] 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 lyable to the satisfaction of the said respective partyes their Executors Administrators or Assignes Native or Forreigner successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose upon any accompt or reason whatsoever, And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any your Majestyes Subjects for provideing or makeing such Bookes Registers Entryes Views 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 Majestyes Navy and Ordnance as aforesaid by any of your Majesties Officer or Officers their Deputyes or Clerkes 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 (fn. 5) ] 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 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 partie greived 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 privitie of his Master then such Deputie or Clerke onely shall be lyable to such Action debt damages and costs 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 Tellar make payment according to each persons due place and order afore directed then he or they shall be judged to forfeite and their respective Deputyes and Clerkes herein offending be lyeable to such Action debt damages and costs in such manner as aforesaid.
VII. 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 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.
VIII. 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 penalty 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 to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Orders 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.
IX. Orders for Payment of Money lent may be assigned by Endorsement. Memorial thereof without Fee.
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 transferr his interest and benefitt 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 Officer shall on request without Fees or Charge, accordingly make) shall intitle such an Assignee his Executors Administrators and Assignes to the benefitt thereof and payment thereon, And such Assignee may in ( (fn. 6) ) 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.
X. Out of the Monies raised by this Act £380,000 to be applied to the Payment of Seamen, &c.
Provided alwayes and bee it further enacted by the Authority aforesaid that the summe of three hundred and eighty thousand pounds shall be charged and registred in the Booke of [Registr (fn. 7) ] appointed by this Act to be kepte in the Office of the Auditor of the Receipt of the Exchequer to be paid to the Treasurer of the Navy for the time being out of the money payable for the last ten moneths of the eleaven moncthcs Assesment granted by this Act for the Salaries and Wages of such Officers Seamen Marriners and Souldiers as are or shall be imployed aboard Your Majesties Navy for this present Winter begining at the First day of January One thousand six hundred sixty six and aboard Your Majesties Navy for the Summer in the yeare of our Lord One thousand six hundred sixty seaven, The said three hundred and eighty thousand pounds to be charged and registred as aforesaid in manner and forme following (that is to say) When Orders shall be first registred for one hundred thousand pounds for the Service of the Warr to be paid out of the money ariseing upon the said ten moneths in course as is by this Act directed and prescribed that then and immediately after one or more Orders shall be registred for the payment of two hundred thousand pounds part of the three hundred and eighty thousand pounds above mentioned to the Treasurer of the Navy to be by him imployed for the paying of the Wages of Officers Marriners Seamen and Souldiers as is above mentioned, And when Orders shall be registred for One hundred thousand pounds more for the Service of the Warr upon the said ten moneths then and immediately after one or more Orders shall be registred for the summe of One hundred thousand pounds more in further part of the three hundred and eighty thousand pounds above mentioned, And when Orders shall be registred for One hundred thousand pounds more for the Service of the Warr then and immediately after one or more Orders shall be registred for the summe of Eighty thousand pounds in full of the three hundred and eighty thousand pounds above-mentioned, Which said summes of two hundred thousand pounds, one hundred thousand pounds and eighty thousand pounds shall be paid in course as they stand registred according to the rules and directions and under the penalties upon the Officers of the Exchequer their Deputyes and Clerkes prescribed and contained in the Proviso of this Act for registring and paying in course,
XI. Treasurer of the Navy misapplying the said Monies.
And it is hereby further enacted that if the Treasurer of the Navy doe divert or imploy the said three hundred and eighty thousand pounds or any part thereof to any use or service whatsoever other then for the payment of the Salaries and Wages of such Officers Seamen Marriners and Souldiers as shall be imployed aboard Your Majesties Navy as aforesaid untill the said Wages and Salaries shall be fully and intirely paid and discharged, that then and in such case he shall forfeit treble the value of the money diverted or imployed contrary to the intent and meaning hereof to be recovered in any of His Majesties Courts at Westminster by Action of Debt Bill Plaint or Information wherein noe Essoyne Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise granted or allowed, nor any more then one Imparlance, One moyety whereof to be to such person as shall sue for the same and the other moyetie to Your Majestie Your Heires and Successors.
XII. Deficiency of the £1,250,000 granted 17 C. II.c. 1. to be supplied out of the first Monies granted by this Act.
Provided alwayes and bee it enacted by the Authoritie aforesaid that whatever moneyes shall be wanting or fall short of the twelve hundred and fifty thousand pounds granted by an Act of this present Parlyament entituled An Act for granting the summe of Twelve hundred and fifty thousand pounds to the Kings Majestie for his present further Supply towards the paying in course the severall summes of Money registred for the Service of the present Warr according to the Power and Direction of the said Act shall be supplyed and paid out of the first moneyes granted by this Act and payable for and in the first moneth therein mentioned and granted, Any thing in this Act to the contrary in any wise notwithstanding.
XIII. Allowance to Treasurer, &c. of Navy and Ordnance.
And bee if further enacted by the Authorise aforesaid that the Treasurer of His Majestyes Navy for himselfe his Deputyes and Clerkes hall receive and retaine onely the summe of one penny in the pound and noe more And the Lieutenant or Treasurer of His Majestyes Ordnance for himselfe and his Clerke shall likewise receive and retaine onely one penny in the pound and noe more out of all the moneyes raised borrowed and paid unto and issued out by either of them to any person or persons by vertue and in pursuance of this Act to be allowed in their respective Accompts thereof.
XIV. Receivers of Monies under any former Act not having accounted, and intermeddling under this Act; Penalty.
Provided alwayes and bee it enacted by the Authority aforesaid That if any person being a Receiver of moneyes due upon any former Act of this present Parlyament not haveing accompted for all the moneyes by him received and to be accounted for upon such Act or Acts before Christmas One thousand six hundred sixty seaven 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.
XV. Proceedings for Recovery of Tax in Forts or Garrisons.
And bee it enacted by the Authoritie aforesaid That where any money shall by vertue of this Act be assessed upon any Inhabitants or place being within any Castle Fort or Garrison if such money soe assessed be not paid within twenty dayes after such assessment That then the Co[m]mis?ers for such places shall make Certificate thereof unto the Barons of the Exchequer who shall cause such Proceedings to be had for the recovery thereof as for any other Debt due to His Majestie,
XVI. No new Fees on Monies by this Act assigned for victualling the Navy.
Provided alwayes and bee it enacted by the Authoritie aforesaid that in case any part of the moneyes which shall be raised by vertue of this Act or any other Act or Acts of this present Parlyament shall be assigned or issued for and towards the victualling of His Majesties Navy the same shall be subject to noe charge nor shall any manner of fee or deduction be taken or made out of the same to any other Officer or person whatsoever save onely the usuall fees in such cases due and payable, to the Tellers and other His Majestyes Officers of the Exchequer,
XVII. Letters Patent, &c. not to bean Exemption.
[And bee it further enacted by the Authoritie aforesaid that noe Letters Patents granted by the Kings Majestie or any of His Royall Progenitors or to be granted by His Majesty to any person or persons Cittyes Burroughes or Townes Corporate within this Realme of any manner of Liberties Priviledges or Exemptions from Subsidies Tolls Taxes Assesments or Ayds shall be construed or taken to exempt any person or persons Citty Burrough 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 Parlyament now in force to the aid and supply of His Majesty, 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 or Parlyament for the Supply or Assistance of His Majestie are hereby declared to be void and of none effect. Any such Letters Patents Grants or Charters or any clause of Non obstante or Other matter or thing therein contained, or any Law or Statute to the contrary notwithstanding. (fn. 8) ]
2. An Act for [the (fn. 9) ] naturalizing of Isabella of Nassaw wife of the Right Honourable the Lord Arlington one of his Majestyes Principall Secretaries of State.
7. An Act for confirming explaining and enlarging an Act entituled An Act to enable John Lord Abergaveny sonne and heire of Henry late Lord Abergaveny to sell certaine Lands for payment of his debts and preferment of his brother and sisters.
13. An Act for the ascertaining the bounds of the severall Rectories of Swafham Saint Ciriac and of Swafham Saint Maries within the Towne of Swafham Prior in the County of Cambridge, and for the uniteing of the two Churches there.