Debts Due to the Army, etc. Act 1701
1701 CHAPTER 1 13 and 14 Will 3
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.

1Recital 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 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.
Two Commissioners, before they act, to take the Oath following.
II. 
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 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
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.
III. 
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
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.
IV. 
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
Recital of a Debt due to Major General W. Steward, of £3,962 7s. 4d.
V. 
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
Commissioners to state what is due to Detachment of the late Colonel Gibson's Regiment, left in Newfoundland.
VI. 
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
Commissioners to determine what is due to Owners of certain Foreign Transports employed for reducing of Ireland, &c.
VII. 
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
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
Commissioners to state Accounts of Clothing for certain reduced and disbanded Regiments
VIII. 
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
Commissioners, in the first place, to state Accounts of Money due to certain Regiments, &c.
X. 
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.