Charles II, 1670 & 1671
An Act for explaining of a Proviso conteyned in an Act, entituled An Act for setling the Profitts of ye Post-Office and Power of granteing Wine-Licences on His Royall Highnes ye Duke of Yorke and the Heyres Males of his Body.

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History of Parliament Trust

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John Raithby (editor)

Year published

1819

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749-751

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'Charles II, 1670 & 1671: An Act for explaining of a Proviso conteyned in an Act, entituled An Act for setling the Profitts of ye Post-Office and Power of granteing Wine-Licences on His Royall Highnes ye Duke of Yorke and the Heyres Males of his Body.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 749-751. URL: http://www.british-history.ac.uk/report.aspx?compid=47449 Date accessed: 20 April 2014. Add to my bookshelf


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Recital of 15 C. II. c. 14. § 4.; and that it was intended that the Sums therein mentioned should be paid yearly, and had been accordingly answered; and yet Doubt was made whether the same could be charged as a continuing yearly Payment; and whether any Grant thereof by the King could be good during the Estate Tail.

The said Power declared to be a Power of charging the Profits of the Post Office with the said annual Payment, and that all former Grants thereof should be good against the Duke, &c.

Whereas in and by an Act of Parliament passed in the fifteenth yeare of His Majesties Raigne entituled, An Act for settling the Profitts of the Post Office, and Power of granting Wine Licences on His Royall Highnesse the Duke of Yorke, and the Heyres Males of his Body : It is amongst other things enacted, That all the Yearely Rents, Su[m]me or Su[m]mes of Money, Revenues, Issues, and Profitts whatsoever, that shall grow due, accrew, or be payable unto His Majesty his Heyres or Successors, for, or by reason of the Generall Letter Office, or Post Office, or Office of Postmaster Generall or annexed, incident, or belonging to the said Post-Office, or Generall Letter-Office, or Office of Postmaster Generall, or issueing out [of (fn. 2) ] the same, or accrewing or growing due for, or by reason of the same, should be, and thereby were vested and settled upon James Duke of Yorke, and the Heyres Males of his Body begotten, or to be begotten, Neverthelesse with, and under this Provisoe, That it should and might be lawfull, for the Kings Majesty, his Heyres and Successors, at any time or times dureing the said Estate-Taile, by Warrant under his Privy Scale, to charge any Su[m]me or severall Su[m]mes of Money, not exceeding in the whole the Su[m]me of Five thousand, three hundred fourscore and two Pounds ten shillings, to be paid out of the Profitts of the Office of Postmaster Generall, to the which said Su[m]me of Five thousand three hundred [fourescore (fn. 2) ] and two Pounds ten shillings, the severall Su[m]mes and Payments then already charged thereupon, did in the whole amount (The Grant of which Su[m]mes were not to be avoided by the said Act) and which said Su[m]mes of Money, not exceeding the said Su[m]me of Five thousand three hundred fourescore and two Pounds ten shillings, to be granted by His Majesty, as aforesaid, were and should be by Authority of the said Act confirmed, and made in full force, as in and by the said Act more at large appeares. And whereas it was intended, that the Su[m]mes of Money soe as aforesaid to be charged, should be annually paid though not soe expressed in the said Act, and the Su[m]mes of Money charged upon the Profitts of the said Office, at the time of the making the said Act, were made payable yearly, and have been ever since accordingly answered, and yet neverthelesse some doubt is made, whither the said Su[m]me of Five thousand three hundred fourscore and two Pounds ten Shillings can, or may be charged upon the Profitts of the said Office of Postmaster-Generall, as a continuing yearly payment, and whither any Disposition Grant, or Assignement thereof, or of any part thereof heretofore made by His Majesty, can or may be good, and effectuall in Law, against the said James Duke of Yorke, and the Heyres Males of his Body, dureing the said Estate-Tayle by reason of the doubtfull penning of the said Act, Bee it therefore declared, and enacted by the Kings most excellent Majesty, by and with the Advice, and Consent of the Lords Spirituall, and Temporall and of the Co[m]mons in this present Parliament assembled, and by the Authority of the same, That the said Summe of Five thousand three hundred fourescore and two Pounds ten Shillings in, and by the said Act allowed, to be charged upon the Profitts of the said Office, and the Power thereby given His Majestie, for charging the same is, and at the time of the said Act was intended, and soe for ever hereafter shalbe construed, and taken to be a Power of charging the Profitts of the said Office, with the annuall and perpectuall paymt.of Five thousand three hundred fourscore and two Pounds ten Shillings a yeare, And that all former Grants, Dispositions, or Assignements thereof, or of any part thereof, shalbe good and effectuall in Law, against the said James Duke of Yorke, and the Heyres Males of his Body begotten, and against all and every other person and persons, claiming by, from or under him them, or any of them, And such Grants Dispositions or Assignements thereof, or of any part thereof shalbe held, and enjoyed according to the Tenor, Effect, and Purport of the same, Any Doubt, or Question made, or to be made upon the penning of the said former Act to the contrary notwithstanding.

II. The said Profits not to be charged doubly.

Provided alwaies, that nothing in this Act, or in any former Grant, Disposition, or Assignemt of the said Sum[m]e of Five thousand three hundred fourescore and two Pounds ten Shillings, or any part thereof contained, shall extend to charge the Profitts of the said Office doubly, or with any other or greater Su[m]mes, then the annuall and perpetuall payment of Five thousand three hundred fourescore and two Pounds ten Shillings, Any thing herein, or in any former Grant, made by His Majesty, to the contrary notwithstanding.

ITEM quædā Petitiones, privatas personas concernentes in se forma Actus continentes exhibite fuerunt p[re]dicto Dm[m]o Regi in Parliamento predicto, quarū tituli subscribuntur.

1. An Act to enable Christopher Duke of Albemarle to recovery severall Mannours and Lands mortgaged to George late Duke of Albemarle his father.

2. An Act to enable the Guardians of Charles Earle of Shrewsbury and John Talbot Esquire Infants to dispose of certaine Mannours Lands and Tenements for the benefitt of the said Infants.

3. An Act for confirmeing Agreements betweene the Lord Viscount of Stafford and his Lady, and their customary Tenants and Copy-holders.

4. An Act to enable the makeing Conveyances of part of the Estate of James Lord Norreys dureing his Minority.

5. An Act to enable Robert Lord Bishop of Bangor, and Isaac Lord Bishop of Saint Asaph, and their respective successors for ever, to lett for one and twenty yeares all Leade-Mines in their soyle.

6. An Act for impowering the executors and trustees of Henry late Lord Ingram, Viscount Irwin in the Kingdome of Scotland deceased to sell certaine Lands for the payment of debts and legacies.

7. An Act for granting to Sir Philip Howard and Francis Watson Esquire the sole use of a manufacture, art or invention for the benefit of shipping.

8. An Act to enable Francis Courtney Esquire to joyne with Sir William Courtney his father in a conveyance for setleing their estate.

9. An Act for the better payment of the debts of Sir Clifford Knight deceased, and raiseing portions for his daughters.

10. An Act for setleing an Agreement betweene Sir William Smith and Sir Thomas Hooke Baronets, German Poole and others.

11. An Act to enable the Daughters and Co-heires of Sir John Fitz-James to joyne in a sale of Lands for payment of his debts.

12. An Act for the better explanation of an Act made in this present Parlyament, entituled An Act: for the makeing of the Church erected at Falmouth a Parish-Church, and noe part of the parish of Gluvias, or Chapelry of St Budocke.

13. An Act to enable Elizabeth, Mary and Letitia Hammond to sell certaine Lands in the Bill mentioned.

14. An Act for the rectifying a mistake of Dates of Deeds mentioned in an Act [of Parliament (fn. 3) ] entituled, An Act to enable John Bill Esquire to sell certaine Lands in Kent, and Surrey.

15. An Act for an exchange and sale of Lands for payment of the debts of Benedict Hall Esquire.

16. An Act for [the (fn. 4) ] setleing the Mannour of Portswood and other Lands late of John Knight Gent. in the county, and towne and county of Southampton, in John Parker Sergeant at law, Mr William Morgan, and William Blennerhasset of London Gent., to be sold for payment of debts.

17. An Act for vesting and setleing the fee simple of certaine Lands of his Majestie his heires and successors which have beene taken into, and spoiled, by makeing new fortifications about the towne of Portsmouth.

18. An Act for explaining [of (fn. 4) ] aprovisoe contained in an Act, entituled An Act for setleing the proffitts of the Post-Office, and power of granting Wine-Licences on his Royall Highnesse the Duke of Yorke, and the heires males of his body.

19. An Act for building Arundell-House, and the Tenements thereunto belonging.

20. An Act to enable Charles Howard Esquire and Mary his wife to leavy a fine, and suffer a recovery of their estate in the Mannour of Darkeing.

21. An Act to enable Henry Booth Esquire to leavy Fines, and suffer Recoveries.

22. An Act to enable Sir Andrew Hacket Knight to setle a portion of money on Mary Hacke't his daughter.

23. An Act for setleing the Mannour of Shabbington for payment of the debts of Sir William Clarke Baronet.

24. An Act to enable Trustees to sell the Mannours, Lands and Leases of Sir Thomas Ogle Knight, deceased, for raiseing a portion, and present maintenance for his daughter and heire, and payment of his debts.

25. An Act for improveing the Navigation betweene the Towne of Boston, and the River of Trent.

26. An Act for setleing and preserveing the Navigation of the River Wey in the County of Surrey.

27. An Act for uniteing the Vicarage and Parsonage of Rosse in the county of Hereford.

28. An Act for makeing the Mannour of Parisgarden a Parish and to enable the parishioners of Saint Saviours Southwarke to raise a maintenance for Ministers, and for repaire of theire Church.

29. An Act for sale of part of the Estate of Thomas Herlackenden Esquire, for satisfaction of a debt due to his Majestie.

30. An Act for setleing Lands, intended by John Sams for charitable uses.

Footnotes

1 From the Original Act in the Parliament Office.
2 interlined.
3 interlined on the Roll.
4 interlined on the Roll.