Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Tellers of the Exchequer on Receipt of Money on Loan, &c. to throw down a Bill into the Talley Court for a Talley to be struck for the same, and be charged with the Sum received.
For the better Observation of the Course anciently used in the Receipt of the Exchequer and the good sure and regular Methods established enacted or appointed to be observed and kept by the respective Officers and Ministers of the said Receipt in all Matters concerning receipts Payments or other Businesse to be there transacted or performed whereupon the preserving and improving of the publick Creditt do chiefly depend Be it enacted and declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled and by Authority of the same That from and after the Twentieth Day of April One thousand six hundred ninety seven from time to time as any Su[m]m or Su[m]ms of Money whatsoever shall be brought to the Receipt of the Exchequer to be there paid either by way of Loan or advance or for or upon account of any Tax Aid Imposition Revenue or any other Cause or Occasion whatsoever the respective Tellers or Tellers of the said Receipt into whose Office or Offices the same shall be brought or tendred as soon as the said Su[m]m or Su[m]ms of Money shall be so brought or tendred if the Officers and Ministers belonging to the Talley Court in the said Receipt be then attending or else as soon as the same Officers & Ministers shall be attending for the levying a Talley or Tallies for the same shall without delay receive the said Money so brought or tendred and weighing the same in intire Su[m]ms or otherwise and making due entry of the Weight and Tale thereof (according to the ancient Course) shall throw downe or cause to be throwne downe a Bill or Bills written upon Parchment and signed by such Teller or Tellers into the said Talley Court whereby a Talley or Talleys (according to the nature of the Payment) may be duely levied for the Discharge or Safety of the Kings Subjects or others who shall make such Payments and whereby the said Teller or Tellers may plainly and fairely be charged with the Su[m]m or Su[m]ms so by him or them received as Money in his or their Custody being & remaining within the said Receipt of Exchequer and that any such Teller or Tellers into whose Office or Offices any Su[m]m or Su[m]ms of Money shall be brought or tendred to be lent or paid to the King as aforesaid or any Clerk Substitute or Person imployed or to be imployed by any such Teller or Tellers in the Businesse of his or their Office or Offices shall not for such Money so brought or tendred give any Note importing a Depositum or any other private Note Obligation or Security whatsoever to prevent or hinder the due charging thereof in the Exchequer as aforesaid upon paine that any Teller who shall offend against this Act by neglecting delaying or refusing to receive and duely to charge himselfe with such Money as shall be brought or tendred to be lent or paid to the King as aforesaid or by giving any private Note Obligation or Security for any such Money whereby to prevent or hinder the due chargeing thereof in the Exchequer as this Act requires shall for such Offence forfeit his Office and be disabled to serve his Majesty his Heires or Successors in the same or any other Office or Place of trust whatsoever and moreover for every such Offence shall forfeit and lose double Damages to the King or the Party who shall suffer by such neglect delay refusal prevention or hindrance besides full Costs of Suit to be recovered as is herein after mentioned and that all and every the Clerks Substitutes or Persons imployed or to be imployed by any such Teller in the Businesse of his or their Office or Offices who shall offend against this Act by giving any private Note Obligation or Security for any such Money so brought or tendred to be lent or paid to the King whereby or by means whereof the due chargeing the same or any Part thereof [in the Exchequer (fn. 1) ] shall be prevented or hindered shall for every such Offence forfeit and lose double the Su[m]m for which such private Note Obligation or Security shall be given (to witt) one Moiety thereof to the King and the other Moiety to such Person and Persons as will inform and sue for the same and shall also for any such Offence be removed and expelled from the said Receipt.
II. No Teller to charge himself with Receipt of Monies, but when Officers of the Tally Court are present, nor throw down a Bill for a Tally to be struck until the Money he actually received and had in the Office, Exception.
And be it enacted and declared by the Authority aforesaid That from and after the said Twentieth Day of Aprill One thousand six hundred ninety seven no Teller in the said Receipt of Exchequer shall charge himselfe by his Bill with the Receipt of any Moneys in the Exchequer but att such times as the Officers of the Talley Court their Deputies or Substitutes shall be there present to levy a Talley or Talleys for the same nor shall any Teller or other Person imployed by him throw downe or cause to be throwne downe into the said Court any Bill or Bills owning or purporting the receiving of any Su[m]m or Su[m]ms of Money from any Lender of Money Receiver or any other Person or Persons whatsoever upon which Bill or Bills a Talley or Talleys are to be levied according to the Course of the said Receipt unlesse such Teller respectively or his Clerks or Persons imployed by him shall have actually received and have then in his Office the very Money which shall be specified in such Bill or Bills respectively except in such Cases where Talleys are or shall be levied by the special Warrants or Directions of the Co[m]missioners of the Treasury or so many of them as shall be appointed to be a Quorum for the time being or of the Treasurer of the Exchequer for the time being or where the Person for whom any Talley or Talleys shall be levied or to whom such Money shall be directed to be issued shall att the same time or on the same Day of throwing downe the Bill or Bills give a Discharge according to the Course of [the (fn. 1) ] Excheq[uer] upon some Order or Debenture for the Money for which such Bill shall be so thrown downe pursuant to the like Warrant or Directions to be had and received for that purpose upon paine that any Teller who shall offend against this Act by charging himselfe by his Bill att such times as the Officers of the Talley Court their Deputies or Substitutes shall not be there present as aforesaid or by throwing downe his Bill or Bills without first receiving and having the Money therein specified in his Office as aforesaid (except in such Cases as are before excepted) shall for such Offence incurr the like Forfeiture of Office and Disability as are before mentioned and for every such Offence shall forfeit and lose double the Su[m]m so unduely charged by him (to witt) one Moiety thereof to the King and the other Moiety to such-Person or Persons as will informe and sue for the same and if such Offence shall be co[m]mitted by any Clerk or Substitute of such Teller then such Clerk or Substitute for every such Offence shall forfeit double the Su[m]m so unduely charged in like manner and shall be removed and expelled from the said Receipt.
And to the end that none of his Majesties Treasure which shall be charged in the Receipt of the Exchequer and ought to be there remaining may be made use of or disposed without sufficient & lawfull Authority in that behalfe Itt is hereby also enacted and declared by the Authority aforesaid That no Teller in the said Receipt of Exchequer or any Clerk or Substitute of such Teller after the Bill or Bills of such Teller shall be thrown downe into the said Talley Court to charge him with any Su[m]m or Su[m]ms of Money which ought to be in his Office shall dispose lend pay issue make use of or by any way or device whatsoever shall trust or depart with such Money or any part thereof out of his Office without an Order or Debenture for the same to be first made forth & directed by the Auditor of the said Receipt for the time being and recorded by the Clerk of the Pells for the time being and taking a Receipt to discharge the King according to the ancient Course and Practise of the said Receipt under the like Forfeitures Disability and Penalties to be incurred by such Tellers their Clerks and Substitutes respectively for so doeing as are by this Act provided and to be inflicted for unduely chargeing any Money before it is actually received and in the Office as aforesaid.
IV. Officers of the Tally Court to attend daily, Sundays and Holidays excepted, and in case of Sickness, their Place to be supplied.
And that the Kings Service or the Businesse of particular Persons to be transacted att the said Receipt from time to time may not be delayed or prejudiced be it further enacted and declared by the Authority aforesaid That from and after the said Twentieth Day of April One thousand six hundred ninety seven the Chamberlains or Deputy Chamberlains and such other Officers Ministers Clerks & Deputies as do belong to the Talley Court and are necessary for the levying of Talleys shall daily except upon Sundays and such other Holidays as have been co[m]monly observed att the ( (fn. 2) ) Receipt of Exchequer constantly attend there in their several Places att least from Eight of the Clock in the Forenoon till One of the Clock in the Afternoon in every Yeare from Lady day to Michaelmas and from Nine of the Clock in the Forenoon till One of the Clock in the Afternoon in every Yeare from Michaelmas to. Lady day without absenting themselves from the same unlesse they respectively be sick or have leave of absence to be obtained from the Co[m]missioners of the Treasury or the Treasurer or Under-Treasurer of the Exchequer for the time being in which Cases of Sicknesse or leave of Absence the Room or Place of such Person sick or having leave to be absent shall be sufficiently supplied in the meane time as hath been accustomed upon paine that any such Officer Minister Clerk or Deputy absenting himselfe contrary to this Act whereby the Businesse of the King or of any others in the said Receipt shall be delayed or obstructed shall be liable to answer and make good as well to the King as to the Party that shall suffer any Losse or Damage by such delay or obstruction double Damages besides full Costs of Suit and that the Auditor of the said Receipt and Writer of the Talleys and Counter Talleys the Clerk of the Pells the Foure Tellers and other the Officers and Ministers of the said Receipt for the time being shall severally by themselves att all times when their owne personal Attendance is necessary and required by the ancient Practice & Usage there and by themselves or their respective Deputies Clerks or Substitutes att such times and for such matters wherein they or any of them may act by a Deputy Clerk or Substitute give such due & constant Attendance in their respective Places as that his Majesty his Heires or Successors or any other Person or Persons who are to receive Money or have other lawfull Occasions there may not be delayed or prejudiced for want of the due Attendance of such Officers Ministers Deputies Clerks or Substitutes respectively under the like Penalty of answering double Damages besides full Costs of Suit as aforesaid.
V. First Clerk of Auditor, Clerk of the Pells, and Tellers, to take an Oath for due Performance of Duty.
And in regard the Businesse of the said Receipt is very much increased of late Yeares and that a considerable Trust is reposed in the chief Clerks there Itt is hereby further enacted by the Authority aforesaid That the First Clerk in the Offices of the Auditor of the Receipt the Clerk of the Pells and of the Foure Tellers aforesaid and every of them (who are & shall be appointed by those Officers respectively with the Approbation of the Co[m]missioners of the Treasury or the Treasurer of the Exchequer for the time being shall be sworne and take their Corporal Oaths for the due just and faithfull p[er]formance of all Matters and Things to be done & performed by such Clerks in the said Offices respectively and the Oaths to that effect shall and may be administred by the Co[m]missioners of the Treasury or any of them or by the Treasurer or Under-Treasurer of the Exchequer or by the Barons of the Court of Exchequer or any of them for the time being.
VI. Money not to be paid out of the Exchequer but by Authority as herein mentioned.
And be it further enacted and declared by the Authority aforesaid That none of the Moneys which are or hereafter shall be or remaine in the Receipt of the Exchequer shall be thence issued or paid or be deemed to be lawfully issued or paid but by or in pursuance of some sufficient Grant or Authority from his Majesty his Heires or Successors or from some of his Royal Predecessors under the Greate Seale of England or by virtue of some sufficient Authority under the Privy Seale of his Majesty his Heires or Successors or pursuant to some Act or Acts of Parliament in that behalfe and not otherwise.
And for the better Satisfaction of such Persons as have lent or shall hereafter lend any Moneys upon the Creditt of any Tax Aid Imposition or Revenue already granted or hereafter to be granted to his Majesty his Heires or Successors Itt is hereby further enacted That there shall be a Table or Tables made and sett upp continually att the Door of the Auditor of the said Receipt by him or his Clerks shewing how farr the Officers there have proceeded in the Repayment of Loans made upon the Creditt of such Taxes Aids Impositions or Revenues and how farr the Moneys which shall be paid into the Exchequer by the respective Receivers thereof do extend from time to time to discharge Principal and Interest upon the said Taxes Aids Impositions or Revenues respectively whereby all Persons concerned att all such times when the Office ought to be open may without Trouble or Difficulty see what Progresse is daily made in the Repaym[en]t of Loans upon the several Registers kept pursuant to any Act of Parliament in that behalfe.
VIII. Auditor to enrol all Letters Patents, &c., draw Orders; for issuing Money, and keep Entries thereof;
and take and certify Tellers Accounts weekly, make out imprest Certificates, and transmit to the Treasury Declaration of Receipts, &c; Clerk of the Pells to enrol Letters Patent for issuing Money, &c.; Officers of the Receipt, Clerks, &c. to demean themselves according to their Duties.
And be it further enacted by the Authority aforesaid That the said Auditor of the Receipt for the time being shall from time to time (for his just and lawfull Fees) duely enter or inroll all Letters Patents and Letters of Privy Seale for issuing of the Kings Treasure and shall draw the Orders or make the Debentures for the issuing thereof as hee shall be from time to time required by the Co[m]missioners of the Treasury or the Treasurer of the Exchequer for the time being and shall keep Entries thereof in Books to be provided and fairely written for that purpose and shall weekly take the Tellers Accounts and make Certificate to the said Co[m]missioners of the Treasury or the Treasurer for the time being of all Receipts Issues and Remaines of the Kings Money there and shall make out the Imprest Certificates from time to time of all Moneys there issued upon Account or by way of Imprest and shall transmitt the ordinary Imp[re]st Rolls halfe-yearely to the Kings Remembrancer in order to the chargeing or prosecuting of Accountants and shall halfe-yearely (to witt) att Easter and Michaelmas make out and transmitt to the said Co[m]missioners of the Treasury of the Treasurer for the time being the Declaration of the Receipts Issues and Remaines att the Excheq[uer] for every halfe Yeare successively all which Matters and Things and all other Matters and Things belonging to the Office or Duty of the said Auditor of the Receipt shall be faithfully and carefully done & performed by the Auditor of the Receipt for the time being in such manner as hath been anciently accustomed and that the said Clerk of the Pells for the time being shall also from time to time (for his just and lawfull Fees) duely enroll or record all Letters Patents and Letters of Privy Seale for issuing of the Kings Treasure & truely and fairely enter & record all Receipts and Issues att the said Exchequer & shall also take the Tellers weekly Accounts and make Certificates to the said Co[m]missioners of the Treasury or Treasurer for the time being weekly of the Receipts Issues & Remaines of the Kings Money there and shall carefully examine all the Imprest Certificates & Imprest Rolls and make out and transmitt to the said Co[m]missioners of the Treasury or the Treasurer for the time being Declarations of the Receipts Issues and Remains within every halfe Yeare and shall therein & in all other Matters and Things apptaining to the Office of the Clerk of the Pells faithfully and carefully observe and cause to be observed the ancient Course and Method of the said Receipt and that they the said Auditor of the Receipt and Clerk of the Pells and all other Officers and Ministers of the said Receipt and their Deputies Clerks and Substitutes respectively shall in the Matters aforesaid and in all other Matters and Things concerning their Offices demeane themselves according to their respective Duties and be answerable for the same as well to our Sovereigne Lord the King as to any Person or P[er]sons who may suffer or be injured by any neglect or failure therein.
IX. Penalties how recovered.
And be it further enacted by the Authority aforesaid That all Penalties and Forfeitures for any Offence against this Act shall and may be recovered by Action of Debt or of the Case Bill Suit or Information in any of his Majesties Courts of Record wherein no Essoigne Protection Wager of Law or more than one Imparlance shall be granted or allowed.
X. Proviso for the Power of the Treasury over the Officers of Receipt;
Provided always That this Act or any thing herein contained shall not extend to lesson or diminish the lawfull Power Order Rule or Government which the said Co[m]missioners of the Treasury and the Treasurer for the time being have & ought to have over the Officers and Ministers of the said Receipt or any other lawfull Power which the said Co[m]missioners of the Treasury or Treasurer for the time being have and ought to have in the Execution of their Places or Trusts respectively Any thing herein contained to the contrary notwithstanding.
XI. And for Receipts and Payments by Exchequer Bills.
Provided also That this Act or any thing herein contained shall not extend to alter or change any Method of Receipts or Payments by Bills of Creditt in the Exchequer allowed or to be allowed by Parliament Any thing herein contained to the contrary notwithstanding.
XII. Money to be kept in Chests under Three Locks.
Keys by whom to be kept.; No Debentures to be paid the same Day they are sent up to the Clerk of the Pells, except Orders for the Navy, &c.; Tellers to have Money left with them every Morning for satisfying Debentures for that Day.; Money received to be weighed, and then secured in the said Chests.; Payments not to be deferred.; Clerk of the Pells, &c. not attending, eldest Clerk, &c. to keep the Keys.; No Money to be taken out but in Presence of the Teller, &c.
And be it further enacted and declared by the Authority aforesaid That all the Money in the said Receipt shall be kept in Chests under Three different Locks with Keys to each Chest and that the Tellers or their Clerks respectively shall keep but One of the said Keys to each of the said Chests and that another Key of each Chest shall be kept by the Clerk of the Pells for the time being and that the other Key of each Chest shall be kept by the eldest of the Two Deputy Chamberlains who are imployed in the striking of Talleys for the time being and that no Orders or Debentures shall be paid the same Day in which they are sent upp from the Auditors Office to the Clerk of the Pells (except Orders for the Navy Ordnance Forces or for Moneys registred upon some of the publick Registers) to the end the Clerk of the Pells or his senior Clerk in his absence the Tellers or their Clerks and the Deputy Chamberlains may know att the opening of the Chest or Chests in the Morning what Money to take out for the Service of that Day and that the said Clerk of the Pells and Deputy Chamberlains every Morning (Sundays and Holydays excepted) att their first coming to the Exchequer shall go upp to the Tellers or their Clerks & having first taken notice of what Debentures or Orders are directed for Payment and lye ready to be satisfied shall forthwith cause the respective Chest or Chests to be opened in their presence and so much Money to be taken out and left with the Tellers or their Clerks as will satisfie the said Debentures or Orders so directed and ready to be satisfied and the rest to be safe locked upp again and that every Day before their departure they shall returne to the same Offices and see all the Money which was received that Day (except what shall have been paid away by Debentures or Orders) recorded with the Clerk of the Pells to be first weighed in the Bags that so it may be seen or guessed very neare whether the Teller or his Clerk putts in and takes out his Money truely and a Tickett expressing the Content to be putt into each Bagg and so to be secured in the said Chests under the Three Locks aforesaid and in case Money lockt upp in the said Chests be directed to be issued for the Navy Ordnance Forces or upon any of the said Publick Registers so that the Payments must not be deferred till the Chests [are (fn. 3) ] opened the next Morning then the said Clerk of the Pells and Deputy Chamberlains upon such Occasion shall go upp forthwith to the Tellers Offices and see the Chests opened for that Money and the publick Service dispatcht without delay and the Chests to be secured againe in manner as aforesaid and when the said Clerk of the Pells by reason of Sicknesse cannot attend or shall have leave of absence itt is hereby appointed that his eldest Clerk shall keep his Keys of the said Chests and when the said Deputy Chamberlaine shall happen to be sick or have any leave to be absent then his Keys of the said Chests shall be kept by his Fellow the other Deputy Chamberlaine and that no Money shall be taken out of the said Chests but in the presence and view of the said respective Teller (or his Clerk) and of the Clerk of the Pells or (in case of Sicknesse or absence with leave as aforesaid) of his Eldest Clerk & likewise of the Eldest Deputy Chamberlaine or (in case of his Sicknesse or absence with leave as aforesaid) of the other Deputy Chamberlaine in the manner and forme before mentioned.
XIII. Auditor once in Twenty-eight Days to visit every Teller's Cash, and once in Three Months examine their Vouchers.
And be it enacted by the Authority aforesaid That the Auditor of the Receipt by himselfe or his chief Clerk from and after the Twentieth Day of April One thousand six hundred ninety seven doe att least once in every Eight and twenty Days call the proper Officers of the said Receipt together and visitt every Tellers Cash and by numbring the Baggs opening them or some of them promiscuously and (if hee thinks itt necessary) by weighing or telling the Money or any part thereof doe see that the respective Tellers have in real Money the Remains wherewith hee charges them and that hee doe as frequently as hee thinks fitt but att least once in every Three Months carefully examine the Tellers Vouchers for the Payments which hee allows them in his weekly Certificates.