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William III, 1701: An Act for reviving and continuing an Act intituled An Act for the appointing Commissioners to take examine and determine the Debts due to the Army Navy and for Transport Service and also an Account of Prizes taken during the late War. [Chapter I. Rot. Parl.13 & 14 Gul. III. n. I.]

Pages 731-733

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

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Citation:

In this section

(fn. 1) Recital that Stat. II W. III. c.8. had not had its full Effect.

Commissioners appointed for examining, &c. the Accounts of the said Act remaining unexamined; and the said Act revived and continued for the Purpose herein mentioned; Treasury authorized to issue and pay Allowances to Clerks, &c.

Whereas an Act made in the Eleventh Year of His present Majesties Regin intituled An Act for the appointing Commissioners to take examine and determine the Debts due to the Army Navy and for Transport Service and also an Account of the Prizes taken during the late War hath not had its full intended Effect as well by reason of the Shortness of the [Time (fn. 2) ] thereby limited to the Commissioners therein named as of divers other Accidents Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commonst 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 Lincoln Esquire William Farrer of Biddenham in the County of Bedford Esquire and George Langton of Langton in the County of Lincoln Esquire or any Three or more of them shall be and are hereby constituted Commissioners for examining taking stating ballancing and determining all and every the Accounts Debts Matters and Things whatsoever which the said Commissioners were by the said Act enabled to examine take state ballance and determine but have not examined taken stated balanced or determined and the said Act and every Clause Matter and Thing therein contained not hereby altered shall be and is hereby revived and continued in full force and virtue to all Intents Constructions and Purposes Whatsoever in reference to the Accounts of the Army Transport Service and Prizes and for stating and determining the Money due for Medicaments served to the said late Army and the Hospitals which were in Flanders belonging thereunto and the making forth, Certificates and Debentures for the same from the Thirtieth Day of December One thousand seven hundred and one to the Thirtieth Day of December One thousand seven hundred and two and shall be executed with all the Powers and Authorities therein contained by the Commissioners herein named or any Three or more of them and the Lords Commissioners of the Treasury or Lord High Treasurer of England for the Time being shall be and are hereby authorized and required to issue and pay or cause to be issued and paid by Way of Imprest the like Allowances for Payment of Clerks and other Officers and defraying the necessary Charge in and about the Execution of the Powers of this Act as are in the said Act directed and the like Payments to every of the said Commissioners hereby constituted as are by the said Act appointed to be paid to the Commissioners therein named which said Payments or Allowances shall not be liable to any Taxes or Assessments whatsoever.

II. 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 or either of them are hereby authorized and required to administer to them the Tenor whereof shall be as followeth (that is to say)

I A: B: do swear That I will according to the best of my Skill and Knowledge faithfully impartially and truly demean my self in Discharge of the Trust committed unto me by an Act of Parliament intituled An Act for reviving and continuing an Act intituled An Act for the appointing Commissioners to take examine and determine the Debts due to the Army Navy and for Transport Service and also an Account of the Prizes taken during the late War according to the Tenor and Purport of the said Act so as neither the Publick or any Person concerned in such Accounts may be prejudiced So help me God

Which Oath is to be taken by the other Commissioners before they act, before the said Two Commissioners; Commissioners to apply themselves to the Execution of this Act, and to certify what they shall find due to Officers, &c. to the Paymaster of the Forces; Paymaster of the Forces, before 1st Oct. 1702, to make out Debentures for the same, and to transmit List of Debentures to Trustees under Stat. 11 W. III. c.2.

And every other of the said Commissioners in this Act named before he enters upon the Execution thereof shall likewise take the same Oath before the said Two Commissioners herein first named who are hereby authorized to administer the same to them after they shall have themselves taken the said Oath as aforesaid And the said Commissioners or any Three or more of them after they shall have taken the [afore (fn. 3) ] said Oath shall apply themselves with all Diligence to the examining taking stating ballancing and determining of all and every the several Persons Debts Matters and Things aforesaid in such Manner as the same might and ought to have been examined taken stated ballanced and determined by vertue of the said Act by the Commissioners therein named And whatsoever the said Commissioners hereby named or any Three or more of them shall upon any such Examination as aforesaid determine to be due to each Commission Officer Ingineer and Gunner or to any Person or Persons lawfully claiming by from or under any such Officer Ingineer or Gunner or upon the Account of Clothing the said Commissioners or any Three or more of them shall before the First Day of September in the Year of our Lord One thousand seven hundred and two certify the same to the Pay Master of His Majesties Forces who is hereby required before the First Day of October One thousand seven hundred and two to make out Debentures to such Officer or Officers Ingineers and Gunners and other Person or Persons claiming by from or under them or any of them as aforesaid and for such Clothing Debt which shall be so certified as aforesaid And the Pay Master of His Majesties Forces is hereby 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 which shall be made out as aforesaid according to the Directions of this Act all and every which Certificates and Debentures shall be made in such Form as Certificates and Debentures were made in pursuance of the said Act

III. Commissioners to state, &c. Arrears of Pay due to English Majors of Brigade that served in Flanders; and what is due to Judge Advocate and his Clerks.

And be it enacted by the Authority aforesaid That the said Commissioners have full Power and Authority to state examine determine and certifie the Arrears of Pay due to the English Majors of Brigades that served in Flanders in such Manner and for such Time as they have already certified for the General Officers under whom they served and what remains due to the Judge: Advocate and his Clerks on Account of their Attendance at the Board of General Officers at the Horse Guards to the Twenty fourth Day of December One thousand six hundred ninety nine and that Certificates and Debentures be issued accordingly

IV. Commissioners to state Debt due for the Transport Service in the Year 1693; and make out Debentures, with Interest at £5 per Cent. per Ann.

And be it further enacted by the Authority aforesaid That the said Commissioners or any Three or more of them are hereby authorized and required to state the Debt due for the Transport Service in the Year One thousand six hundred ninety three according to the Charter-Parties of the several Owners of the Ships imployed in the said Service and make out Debentures accordingly with Interest after the Rate of Five Pounds per Centum per Annum from the Time the Money became due as aforesaid to the Five and twentieth Day of March One thousand seven hundred and two

V. Recital of a Debt due to Major General W. Steward, of £3,962 7s. 4d.

Commissioners to make out Certificates for the said Money; and Debentures issued and paid out of Monies arising by forfeited Estates in Ireland.

And whereas Major General William Steward who commanded several Regiments of His Majesties Forces in an Expedition which was made into Spain in the Years One thousand six hundred ninety four and One thousand six hundred ninety five did disburse of his own Money for the Publick Service in that Expedition and in procuring Money to be advanced for the Pay of his own Regiment several Sums of Money amounting to Three thousand nine hundred sixty two Pounds Seven Shillings and Four Pence for Satisfaction whereof a Grant was made to the said Major General William Steward of certain forfeited Estates in Ireland which were afterwards resumed by vertue of a late Act of Parliament in that Behalf and His Majesty by a Warrant bearing Date the Twenty fourth Day of May One thousand seven hundred counter signed by the Right Honorable the Lords Commissioners of His Majesties Treasury hath directed the said Sum of Three thousand nine hundred sixty two Pounds Seven Shillings and Four Pence to be paid to the said Major General William Steward or his Assigns Be it therefore enacted by the Authority aforesaid That the said Commissioners hereby appointed for stating the Accounts of the Officers of the Army or any Three or more of them shall make out a Certificate or Certificates for the said Sum of Three thousand nine hundred sixty two Pounds Seven Shillings and Four Pence or so much thereof as shall appear to the said Commissioners to be due to the said Major General William Steward as aforesaid whereupon Debentures shall and may be issued and satisfied out of the Moneys arising by the forfeited and other Estates in Ireland vested by the said Act in the Trustees therein named in the same Manner with other Debentures chargeable thereupon Any thing in this or any former Act or Acts of Parliament contained to the contrary notwithstanding

VI. Commissioners to state what is due to Detachment of the late Colonel Gibson's Regiment, left in Newfoundland.

And be it further enacted by the Authority aforesaid That the said Commissioners or any Three or more of them have Power to state examine determine and certify what is due to the Detachment of late Collonel Gibsons Regiment that was left in Newfoundland for the Security of that Place notwithstanding they stayd there a considerable Time after the Regiment was broke and were upon no Establishment for that Time and that Debentures and Certificates be issued as aforesaid for Satisfaction thereof

VII. Commissioners to determine what is due to Owners of certain Foreign Transports employed for reducing of Ireland, &c.

And be it further enacted by the Authority aforesaid That the said Commissioners or any Three or more of them are hereby authorized and required to examine state and determine the Debt due to the [Owners of the (fn. 4) ] Dutch and other Foreign Transport Ships employed for the reducing of Ireland and make out Debentures accordingly for Satisfaction of the same according to their respective Contracts and that in order thereunto the Commissioners of Transport do make up the Accounts of the said Foreign Transport Ships in such Manner as they have done the Accounts of the English Transport Ships as the said Commissioners of Accounts shall direct Provided that no Debentures be made out for the Debt last mentioned till the said Debt be certified to the Commons in Parliament

VIII. Commissioners to state Accounts of Clothing for certain reduced and disbanded Regiments

And whereas by reason of Respits reducing and disbanding several Regiments of the Army before the Contracts of the Clothing could be paid for out of the Off-Reckonings of the said Regiments so that several Sums of Money are in Arrear for such Clothing Be it enacted by the Authority aforesaid That it shall and may be lawful for the said Commissioners or any Three of them to take and state the Account of the Clothing for the Men so respited reduced or disbanded to the First of April next after such Respits reducing or disbanding and that Certificates and Debentures may be issued forth for Satisfaction thereof out of the Produce of the Irish Forfeitures

IX.

Commissioners to examine the Accounts of Mr. Whitaker, Solicitor for the Affairs of the Admiralty and Navy.

And whereas there hath been great Sums of Money paid to Mr Edward Whitaker Solicitor for the Affairs of the Admiralty and Navy during his being in the said Imployment whereby His Majesty hath suffred great Abuses and Deceits in the Exorbitant Expence of His Majesties Treasure Be it enacted by the Authority aforesaid That the said Commissioners or any Three of them shall have full Power and are hereby required particularly to examine into the Accounts by which the said Mr. Whitaker procured and recieved the said Sums of Money and at the opening of the next Session of Parliament to lay before the House of Commons their Report representing such Matters as shall appear to the said Commissioners upon Examination of the Accounts of the said Master Whitaker in Relation to the Nature of the Services Vouchers and Method of passing the same together with the Times of Payment and with their Opinion how much thereof they think extravagant and unreasonable

X. Commissioners, in the first place, to state Accounts of Money due to certain Regiments, &c.

And be it further enacted by the Authority aforesaid That the said Commissioners or Three of them shall in the First Place state and determine the Account of what shall appear to be due to the several Regiments Troops and Companies under the Command of His Majesties natural born Subjects and also the Debt due to them for Transport Service and likewise an Account of the Prizes.

Footnotes

  • 1. the O.
  • 2. interlined on the Roll.
  • 3. interlined on the Roll.
  • 4. interlined on the Roll.