BHO

William III, 1698-9: An Act for the appointing Commissioners to take examine and determine the Debts due to the Army Navy and for Transport-Service and alsoe an Account of the Prizes taken during the late Warr. [Chapter VIII. Rot. Parl. II Gul. III. p.2. n. 6.]

Pages 594-597

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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In this section

Reasons for passing this Act;

Commissioners for determining the Accounts herein mentioned appointed.

Whereas many great Revenues Summs of Money and Provisions have been granted raised assigned imprested and expended for the reduceing of Ireland and the carrying on the late Warr against France And whereas there are Demands of great Arreares of Pay due to the Officers who have served under his most Excellent Majesty with great Honour Courage and Fidelity To the End therefore that it may more fully appeare that the severall Summs soe granted and raised have beene applied to the Uses aforesaid and that the Accounts of such Officers may be examined and stated in order to have Debentures given to them that just Satisfaction may be made for such their Services Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That Thomas Morrice of London Merchant Samuel Atkins of London Esquire Thomas Lister of Coleby in the County of Lincolne Esquire William Farrer of Bidenham in the County of Bedford Esquire and George Langton of Langton in the County of Lincolne Esquire or any Three or more of them shall be and are hereby constituted Commissioners for takeing stating ballanceing and determining the Accounts of all the Generall Officers and other Officers and Ingineers of His Majesties Armies or Land-Forces and of the Traines of Artillery and of the Hospitalls and the Officers and Gunners of Garrisons in England Ireland or elsewhere on the Thirteenth Day of February One thousand six hundred eighty eight or at any Time since and the Debts owing for clothing the said Forces or any of them before the Four and twentieth Day of December One thousand six hundred ninety and nine and for Waggon Money in their Marches in England and Fire and Candle according to the Establishment

II. Auditor and other Officers of the Exchequer, and other Persons herein named, to obey Orders of the said Commissioners touching the taking of the said Accounts.

Time and Place of Commissioners sitting; may summon Persons and send for Books, &c.; and administer Oath; His Majesty's Officers to obey Precept of Commissioners; Commissioners may appoint Clerks, &c. and administer Oath of Office to them; Salary to Clerks, &c.

And for the better enabling the said Commissioners or any Three or more of them to take and determine the said Accounts Be it enacted by the Authority aforesaid That the Auditor of the Receipt otherwise called the Writer of the Talleys of His Majesties Exchequer and the Clerks of the Pells for the Time being and all other the Officers Auditors Tellers Chamberlaine and Ministers of the Exchequer and the Receipt thereof and the Secretary at War and Treasurers at War Muster-master and Pay-masters of His Majesties Land-Forces in England and Ireland by what Name or Names they or any of them are called or distinguished and all Agents Officers and every other Person and Persons whatsoever whom the said Commissioners or any Three or more of them shall thinke fitt to examine in order to the due Execution of the Powers of this Act shall and are hereby required to observe and execute such Orders and Directions as they or any Three or more of them shall by Writing under their Hands direct and ordaine touching the takeing the Accounts by this Act appointed to be taken and determined and all Things requisite for the Knowledge and Discovery thereof And the said Commissioners or any Three or more of them are hereby authorized to sitt from Time to Time in such Places within the Cities of London and Westminster and Suburbs thereof where they shall thinke fitt with or without Adjournment and to send their Precept [or (fn. 1) ] Precepts for any other Person or Persons whatsoever and such Books Papers Writings or Records as they shall judge necessary for their Information in all Things relating to the said Accounts and Matters in this Act contained and to administer an Oath for the better Discovery of the Truth of the Enquiries by them to be made to any Person or Persons therein concerned And all His Majesties Officers are hereby required to obey and execute such Orders and Precepts as shall be sent to them by the said Commissioners or any Three or more of them touching the said Accounts or other Matter in this Act committed to their Care And the said Commissioners or any Three or more of them are hereby authorized to appoint and employ such Clerks Messengers and Officers as they shall thinke meete and to give to every of the said Clerks and Officers an Oath for his true and faithfull Demeanour in all Things relateing to the Trust and Performance thereof in him reposed and faithfully to execute and performe the said Trust in them reposed severally and respectively without takeing any thing for such their Service other than such Salary or Reward as the said Commissioners or any Three or more of them shall thinke fitt to direct and appoint in that Behalfe

III. Two Commissioners, before they act, to take the Oath following;

And be it further enacted That Two of the said Commissioners first named in this Act before they enter upon the Execution of the same shall take an Oath before the Chancellor of the Exchequer or Master of the Rolls for the Time being which they and either of them are hereby authorized and required to administer to them the Tenour whereof shall be as followeth (that is to say)

I A. B doe sweare that I will according to the best of my Skill and Knowledge faithfully impartially and truly demeane my selfe in the Discharge of the Trust committed unto me by an Act of Parliament intituled An Act for [the (fn. 2) ] appointing Commissioners to take examine and determine the Debts due to the Army Navy and for Transport-Service and alsoe an Account of the Prizes taken during the late Warr according to the Tenour and Purport of the said Act soe that neither the Publick nor any Person concerned in such Accounts may be prejudiced Soe help me God

and the other Commissioners to take the same Oath before the said Two, to be administered by them; Commissioners to determine Accounts, &c. of what is due for Arrears of Pay, and certify to Paymaster; who is to make out Debentures; and transmit to Trustees of forfeited Estates in Ireland, a List of Debentures; Officers receiving Half Pay to have their Accounts first determined.

And every other of the said Commissioners in this Act named before he enter upon the Execution of the said Act shall likewise take the same Oath before the said Two Commissioners herein first named who are hereby authorized to administer the same unto them after they shall themselves have taken the said Oath as aforesaid And the said Commissioners or any Three or more of them after they have taken the aforesaid Oath shall apply themselves with all Diligence in the first Place to the stating and determineing the Accounts of what shall appeare to be due for Arreares of Pay to the Officers who have served under His Majesty either for the Reduction of Ireland or in the Warr against France And in the stating of the said Accounts they are hereby required to distinguish what is due upon the Account of Clothing what for Poundage and what remaines due to each Officer respectively or any other Person lawfully claiming by from or under such Officer over and above all Money by him received or paid to his Use And upon determineing what is due to each Officer Ingineer and Gunner as aforesaid and for Clothing as aforesaid the said Commissioners or any Three or more of them shall certifie the same to the Pay-master of His Majesties Forces who is hereby directed and required to make out Debentures to such Officer or Officers Ingineers and Gunners as aforesaid for such Summs of Money and Debentures for such Clothing-Debt that shall be soe certified to be due as aforesaid And the Pay-master of His Majesties Forces is further required from Time to Time to transmitt under his Hand to the Trustees appointed by Act of Parliament for the Sale of forfeited Estates in Ireland a true List of all such Debentures as shall be made out as aforesaid according to the Direction of this Act And the said Commissioners and the said Pay-master respectively are hereby required in the granting Certificates and making out Debentures as aforesaid to take Care that those Officers who receive Halfe-Pay have in the First-Place their Accounts determined and Certificates and Debentures delivered to them as aforesaid

IV. Commissioners to state Accounts of Monies due for Transport Service.

And be it further enacted That the said Commissioners or any Three or more of them shall be and are hereby impowered and required to examine and state all Accounts of Money due for Transport-Service which are not already adjusted and determined by Act of Parliament and all Determinations of the said Commissioners or any Three or more of them in the Matters committed to them by this Act shall be finall

V. and to sign Debentures and Certificates thereupon.

[And it is hereby enacted by the Authority aforesaid That the said Commissioners or any Three or more of them shall make and signe Debentures and Certificates for such Summs of Money respectively as shall be stated adjusted and determined by them by vertue of this Act to be due or owing to any Person or Persons for Transport-Service over and above the Money due for such Service for which Certificates or Debentures are already made fourth by any former Act (fn. 3) ]

VI. Commissioners to account to the King and Parliament.

Provided alwaies That the said Commissioners or any Three or more of them shall from Time to Time when thereunto required during the Continuance of this Act and at the Determination thereof give an Account in Writing under their Hands and Seales of their Proceedings in pursuance of this Act to the Kings Majesty and to both Houses of Parliament

VII. And state Account of Navy Debt.

And the Commissioners or any Three or more of them are further impowered to take examine and state the Accounts of His Majesties Navy Royall to the End the Debt thereof may be adjusted

VIII. Salaries, Charges, &c. paid as herein-after directed.

And for the defraying the necessary Expence in the Execution of this present Act Be it enacted That the Summs of Money hereafter mentioned for incident Charges Salaries Clerks and others and Rewards to the Commissioners for their Pains and Charges in the Execution of this Act shall be issued and paid as hereafter directed by this Act

IX. Accountants to the Crown to account in the usual Course.

Provided alwaies That all Accountants to His Majesty shall render and make their respective Accounts in His Majesties Court of Exchequer according to the usuall Course of the said Court Any thing contained in this Act to the contrary notwithstanding

X. Continuance of Act.

This Act as to the Powers of takeing Accounts and administring Oaths to endure from the Tenth Day of Aprill One thousand seaven hundred to the Tenth Day of Aprill One thousand seaven hundred and one and no longer

XI. Treasury to appoint Form of Debentures.

And be it further enacted by the Authority aforesaid That the Commissioners of His Majesties Treasury or any Three or more of them shall order and appoint such a Forme and Method of making out the Debentures aforesaid as may best tend to the preventing any counterfeiting of the same

XII. Debentures free from Stamps.

And be it further enacted That no Tax or Duty shall be paid for stamping the Debentures to be given out by virtue of this Act Any Law or Statute to the contrary notwithstanding

XIII. What Sums Certificates to contain.

Provided alwaies That the Certificates to be granted by the said Commissioners or any Three of them shall not containe more Money or any greater Summe than what is justly due from His Majesty to each respective Regiment

XIV. Time allowed to Commissioners and Paymaster to make Certificates, &c.

Provided alwaies and be it enacted That the Commissioners appointed by this Act shall make all the Certificates by this Act required to be made to the Pay-master of His Majesties Forces before the First Day of September One thousand seaven hundred And the said Pay-master shall make out all the Debentures in pursuance thereof before the Nine and twentieth Day of September One thousand seaven hundred

XV. Treasury to issue by way of Imprest, £ 1,500 for Payment of Clerks, &c.,

and £400 to each Commissioner.

And be it further enacted That the Commissioners of His Majesties Treasury or Lord High Treasurer of England for the Time being are hereby authorized and required to issue and cause to be paid by way of Imprest all such Summs of Money not exceeding Fifteene hundred Pounds to such Person or Persons as the said Commissioners appointed by this Act or any Three or more of them shall by Writing under their Hands desire or direct out of ( (fn. 4) ) the Duties or Revenues which by any Act of this Session of Parliament are made liable to the Payment of other Summs of Money for the Service of His Majesties Navy Ordnance Guards and Garrisons (as well as the Summs to be paid to those Uses respectively) to be imployed in and for the Payment of Clerks and other Officers and in defraying the necessary Charge in or about the Execution of the Powers of this Act And alsoe the further Summe of Four hundred Pounds to each Commissioner in this Act named without Account for his and their Care and Pains in the Execution of this Act the same to be paid by Quarterly Payments from the said Tenth Day of Aprill One thousand seaven hundred

XVI.

Debts, &c. of Officers assigned or agreed to be assigned before 25th March 1700, redeemable as herein mentioned.

And whereas severall Persons have taken Advantage of the Necessity of divers Officers who have served in His Majesties Armies and others to whom Money is due for Transport-Service and bought from them their Talleys Orders Assignments and Debts at very low Rates to their owne exorbitant Gaine and the Oppression of the Persons aforesaid Be it therefore further enacted and declared That all such of the said Debts as have beene at any Time before the Five and twentieth Day of March One thousand seaven hundred assigned or granted or covenanted to be assigned or granted or for which any Authority hath heretofore beene given or granted by any of the Persons aforesaid their Executors or Administrators to any Person or Persons to receive the same or any Part thereof to the Use of such Person soe authorized or to any other Person besides such Officer or Owner of such Transport-Shipps shall and may be redeemed and are hereby declared to be redeemable by the said Officers or Owners or their respective Executors or Administrators on Payment of the Principall Summe of Money paid in Consideration of makeing the said Assignment Grant Convenant or Authority together with Interest for the same from the Time of the Payment thereof after the Rate of Six Pounds per Cent[um] per Annum discounting for what hath been received for or in respect of the said Debt by any such Person to whom such Assignement and Authority was made or given and upon Payment or Tender of the said Principall-Money and Interest such Grant Assignement or Authority and all Covenants and Agreements concerning the same shall be void

XVII. Limitation of Redemption.

Lord Mayor of London, &c. may determine Disputes concerning Amount of Monies; and may summon Parties, examine upon Oath, &c.

Provided neverthelesse That such Redemption as aforesaid be made within the Space of One Yeare from and after the End of this present Session of Parliament And if there be any Dispute concerning the Amount of the said Principall and Interest-Moneys then in every such Case the Lord Mayor and Aldermen of the City of London for the Time being [or any Three or more of them whereof the Lord Mayor for the Time being (fn. 5) ] to be alwaies One shall and may in a summary Way heare adjust and determine the same And for that Purpose upon Complaint made in that Behalfe shall and have hereby Power to summon the Parties and examine them upon Oath and such Witnesses as shall be produced upon Oath and upon the Appearance or Default of the Parties or any or either of them shall and may proceed to examine adjust and determine the said Principall and Interest-Moneys according to their best Judgment and Discretions

XVIII. Note of Claim to be entered in Lord Mayor's Court by Party claiming Benefit of Redemption.

Provided alwaies That no such Redemption shall be allowed upon this Act unlesse the Party who shall claime the Benefitt thereof doe enter or cause or procure to be entred a Note or Memorandum of such Claime in the Court of the said Lord Mayor and Aldermen (where a Booke shall be kept for that Purpose) on or before the First Day of September One thousand seaven hundred.

XIX. Three Commissioners may determine the; Money arising by the Deduction of One Day's Pay in each Year from Regiments, &c. for Chelsea Hospital, and certify the same;

Application of such Monies.

And the said Commissioners or any Three or more of them shall likewise state adjust and determine the Money ariseing by the Deduction of One Daies Pay in each Yeare from each Regiment Troope and Company for the Service and Benefitt of His Majesties Royall Hospitall at Chelsea and make forth a Certificate Debenture or Debentures for the same to and in the Name of the Pay-master of His Majesties Guards and Garrisons for the Time being to be used and applied to or for the purchasing of any the forfeited or other Estates in Ireland And that such Money or Benefitt as shall arise by or for the same Debentures or Certificates or by the Sale or Disposition of the same for the most that can be made thereof shall accrue and goe to the Use of the said Hospitall and shall be charged and chargeable upon the said Pay-master for that Service and no other

XX. Three Commissioners may take an Account of condemned Prize Ships, &c.

And be it further enacted by the Authority aforesaid That the said Commissioners herein before appointed or any Three or more of them shall alsoe examine and take an Account upon Oath of all Shipps and Goods taken and condemned as Prize during the late Warr and how the same or the Proceed thereof hath or have been disposed of and shall at the Determination of this Act lay an Account thereof before the Kings Majesty and both Houses of Parliament

XXI. Seven Trustees, for Sale of forfeited Estates in Ireland, may on Determination of Act, give an Account of their Proceedings to the King and Parliament.

And be it further enacted That the said Trustees appointed by Act of Parliament for Sale of the said forfeited and other Estates in Ireland or any Seaven or more of them shall at the next Session of Parliament and afterwards from Time to Time when thereto required during the Continuance of the said Act and at the Determination thereof give an Account in Writing under their Hands and Seales of their Proceedings in pursuance of the said Act to the Kings Majesty and to both Houses of Parliament.

Footnotes

  • 1. & O.
  • 2. interlined on the Roll.
  • 3. annexed to the Original Act in a separate Schedule.
  • 4. any O.
  • 5. interlined on the Roll.