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.
Teller, &c. refusing to receive or not duly charging himself with Monies lent or paid to the King,;
Loss of Office, Incapacity, and Penalty; Tellers Clerks offending,; Penalty and Removal.
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.
Teller offending; (Exception); Loss of Office, Incapacity, and Penalty; Clerk, &c. offending, Penalty and Removal.
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.
No Teller, &c. after Bill thrown down, to dispose of Money out of his Office, without an Order from Auditor of Receipt, &c.; Penalty.
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.
Officer absenting without Leave,; Penalty; Officers of Exchequer not giving due Attendance,; Penalty.
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.
A Table to be set up at the Door of the Auditor's Office, shewing the State of Repayment of Loans, &c.
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
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.