Taxation (No. 3) Act 1666

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 [X1 Shipps 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 the Certificates and the dates of the Orders for [X2 Payment] 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 [X3 or theire 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 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 [X3 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 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.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: Victuall Shipps O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: Paiements O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3 interlined on the Roll.