Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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The Reasons for passing this Act.
The Court of Wards and Liveries, Primer-Seizin, &c. taken away.; Fines for Alienation, &c. taken away.; Tenures by Knights Service, and Tenures in Capite taken away.; Tenures herein mentioned turned into free and common Socage.
WHEREAS it hath beene found by former experience that the Courts of Wards and Liveries and Tenures by Knights service either of the King or others, or by Knights service in Capite or Soccage in Capite of the King and the consequents upon the same have beene much more burthensome grievous and prejudiciall to the Kingdome then they have beene beneficiall to the King, And whereas since the Intermission of the said Court which hath beene from the fower and twentyeth day of February which was in the yeare of our Lord One thousand six hundred forty and five many persons have by Will and otherwise made disposall of their Lands held by Knight service whereupon diverse Questions might possibly arise unlesse some seasonable remedy be taken to prevent the same Bee it therefore Enacted by the King our Soveraigne Lord with the assent of the Lords and Commons in Parliament assembled and by the Authoritie of the same And it is hereby Enacted That the Court of Wards and Liveries an`d all Wardships Liveries Primer-Seizins and Ouster-le-mains values and forfeitures of Marriages by reason of any Tenure of the Kings Majesty or of any other by Knights service and all meane Rates and all other Gifts Grants Charges incident or ariseing for or by reason of Wardships Liveries Primer Seizins or Ouster-le-main, be taken away and discharged and are hereby Enacted to be taken away and discharged from the said twenty fourth day of February One thousand six hundred forty five, any Law, Statute Custome or Usage to the contrary hereof [in (fn. 1) ] any wise notwithstanding, And that all Fines for Alienation Seizures and Pardons for Alienations Tenure by Homage and all Charges incident or ariseing for or by reason of Wardship Livery Primer-Seizin or Ouster-le-main or Tenure by Knights service Escuage and also Aide pur file marrier et pur faier fitz Chivalier and all other Charges incident therunto be likewise taken away and discharged from the said twenty fourth day of February One thousand six hundred forty and five, Any Law Statute Custome or Usage to the contrary hereof [in (fn. 1) ] any wise notwithstanding, And that all Tenures by Knights service of the King, or of any other person and by Knights service in Capite, and by Soccage in Capite of the King and the fruits and consequents thereof happened or which shall or may hereafter happen or arise thereupon or thereby be taken away and discharged Any Law Statute Custome or Usage to the contrary hereof any wise notwithstanding, And all Tenures of any Honours Mannours Lands Tenements or Hereditaments of any Estate of Inheritance at the common Law held either of the King or of any other person or persons Bodyes Pollitique or Corporate are hereby Enacted to be turned into free and common Soccage to all intents and purposes from the said [twenty fourth (fn. 2) ] day of February One thousand six hundred forty five, and shall be soe construed adjudged and deemed to be from the said twenty fourth day of February One thousand six hundred forty five, and for ever thereafter turned into free and common Soccage, Any Law Statute Custome or Usage to the contrary hereof [any wise (fn. 3) ] notwithstanding.
II. And discharged of Homage, Escuage, Aide pur file marrier, &c.
And that the same shall for ever hereafter stand and be discharged of all Tenure by Homage Escuage Voyages Royall and charges for the same Wardships incident to Tenure by Knights service and values and forfeitures of marriage and all other charges incident to tenure by Knights service And of and from Aide pur file marrier & Aide pur faier fitz Chivalier Any Law Statute Custome or Usage to the contrary in any wise notwithstanding. And that all conveyances and devises of any Mannours Lands Tenements and Hereditaments made since the said twenty fourth of February shall be expounded to be of such effect as if the same Mannours Lands Tenements and Hereditaments had beene then held and continued to be holden in free and common Soccage onely Any Law Statute Custome or usage to the contrary hereof any wise notwithstanding
III. 32 H. VIII.c. 46. and 33 H. VIII. c. 22. repealed.
And bee it further Ordained and Enacted by Authority of this present Parliament that one Act made in the raigne of King Henry the Eight intituled An Act for the establishment of the Court of the Kings Wards, And alsoe one Act of Parliament made in the three and thirtyeth yeare of the Raigne of the said King Henry the Eighth concerning the Officers of the Court of Wards and Liveries and every Clause Article and matter in the said Acts contained shall from henceforth be repealed and utterly void.
IV. All Tenures to be created by the King hereafter to be in free and common Socage.
And bee it further Enacted by the Authority aforesaid that all tenures hereafter to be created by the Kings Majestie his Heires or Successors upon any gifts or grants of any Mannours Lands Tenements or Hereditaments of any Estate of Inheritance at the common Law shall be in free and common Soccage, and shall be adjudged to be in free and common Soccage onely, and not by Knight service or in Capite, and shall be discharged of all Wardship value and forfeiture of Marriage Livery Primer-Seizin Ouster le main Aide pur faier fitz Chivalier & pur file marrier, Any Law Statute or reservation to the contrary thereof any wise notwithstanding.
V. Proviso for Rents certain, Heriots, &c.
Provided neverthelesse and be it Enacted That this Act or any thing herein contayned shall not take away nor be construed to take away any Rents certaine Herriots or Suites of Court belonging or incident to any former Tenure now taken away or altered by vertue of this Acts, or other Services incident or belonging to Tenure in common Soccage due, or to grow due to the Kings Majestie or meane Lordss or other private person, or the fealty and distresses incident thereunto, And that such releife shall be paid in respect of such Rents as is paid in case of a death of a Tennant in common Soccage,
VI. For Fines for Alienation by Customs of Manors. Exception.
Provided alwayes and bee it Enacted That any thing herein contayned shall not take away nor be construed to take away any Fines for Alienation due by perticular customes of perticular Mannours and places other then Fines for Alienations of Lands or Tenements holden immediately of the King in Capite.
VII. For Tenures in Frank Almoigne.
Provided alsoe and be it further Enacted that this Act or any thing therin contained shall not take away or be construed to take away Tenures in Franke Almoigne or [to (fn. 4) ] subject them to any greater or other services then they now are, nor to alter or change any Tenure by Copy of Court Roll or any services incident thereunto nor to take away the honorary services of Grand Sergeantie other then of Wardship Marriage and value of Forfeiture of Marriage Escuage Voyages Royall and other charges incident to Tenure by Knights Service and other then Aide pur faier fitz Chivalier and Aide pur file marrier.
VIII. Fathers may dispose of the Custody of Children during their Minority.
And bee it further Enacted by the Authority aforesaid that where any person hath or shall have any Child or Children under the age of twenty one yeares and not married at the time of his death that it shall and may be lawfull to and for the Father of such child or children, [whether borne at the time of the decease of the Father or at that time in ventre sa mere, or whether such Father be within the age (fn. 5) ] of twenty one yeares or of full age by his deed executed in his life time, or by his last Will and Testament in writeing in the presence of two or more credible witnesses in such manner and from time to time as he shall respectively thinke fitt to dispose of the custody and tuition of such child or children for and dureing such time as he or they shall respectively remaine under the age of twenty one yeares or any lesser time to any person or persons in possession or remainder other then Popish Recusants, And that such disposition of the custodie of such childe or children made since the twenty fourth of February One thousand six hundred forty five or hereafter to be made shall be good and effectuall against all and every person or persons claiming the custody or tuition of such childe or children as Guardian in soccage or otherwise; And that such person or persons to whom the custodie of such childe or children hath beene or shall be soe disposed or devised as aforesaid shall and may maintaine an action of Ravishment of Ward or trespasse against any person or persons which shall wrongfully take away or detaine such child or children for the Recovery of such childe or children and shall and may recover damages for the same in the said Action for the use and benefit of such childe or children.
IX. Custody of Lands and Personal Estate of Children, in Guardians, who may bring Action, &c.
And be it further enacted That such Person or Persons to whom the custody of such Childe or Children hath beene or shall be soe disposed or devised shall and may take into his or their custody to the use of such Childe or Children the proffitts of all Lands Tenements & Hereditaments of such Childe or Children, and alsoe the custody tuition and mannagment of the Goods Chattells and personall Estate of such Childe or Children till their respective Age of twenty one yeares or any lesser time according to such disposition aforesaid, and may bring such Action or Actions in relation thereunto as by Law a Guardian in common soccage might doe Provided alsoe That this Act or any thing therein contained shall not extend to alter or prejudice the Custome of the Citty of London, nor of any other Citty or Towne Corporate, or of the Towne of Berwicke on Tweede concerning Orphans, nor to discharge any [Apprintice (fn. 6) ] from his [Apprintiship (fn. 7) ].
X. Proviso touching Titles of Honour, Feodal, &c.
[Provided alsoe That neither this Act nor any thing therein contained shall infringe or hurt any Title of Honour Feodall or other by which any Person hath or may have right to sitt in the Lords of Parliament as to his or their Title of Honour or sitting in Parliament, and the priviledge belonging to them as Peeres. This Act or any thing therein contained to the contrary in any wise notwithstanding. (fn. 5).]
XI. Recital that Laws had been passed to remedy the Mischiefs of Purveyance, but that divers Oppressions had still been continued.
And whereas by like experience it hath beene found that though diverse good strict and wholesome Lawes have beene made in the times of sundry His Majestyes most noble Progenitors some extending soe farr as to life for Redresse of the grieviances and oppressions committed by the Persons imployed for makeing provisions for the Kings Household Carriages and other purveyance for his Majestie and His occasions, Yet diverse oppressions have beene still continued and severall Countyes have submitted themselves to sundry Rates and Taxes and Compositions to redeeme themselves from such vexations and oppressions And for as much as the LordsCommons assembled in Parliament doe finde that the said Remedies are not fully effectuall, and that noe other remedy will be soe effectuall and just as to take away the occasion thereof especially if satisfaction and recompence shall be therefore made to His Majesty His Heires and Successors which is hereby provided to His Majestyes good likeing and content, His Majestie is therefore gratiously pleased that it may be enacted And be it enacted by the Kings most Excellent Majestie by and with the advice and consent of the LordsCommons in this present Parliament assembled That from henceforth noe summe or summes of money or other thing shall be taken raised taxed rated imposed paid or leavyed for or in regard of any provision Carriages or purveyance for His Majestie His Heires or Successors And that henceforth noe person or persons by any Warrant Commission or Authoritie under the Great Seale or otherwise by colour of buying or makeing provision or purveyance for His Majestie, or any Queene of England for the time being [or of any the Children of any King or Queene of England for the time being (fn. 8) ] or that shall be or for his their or any of their Household shall take any Timber Fewell Catle Corne Grain Mault Hay Straw Victuall Cart Carriage or other thing whatsoever of any the Subjects of His Majestie His Heires or Successors without the free and full consent of the Owner or Owners thereof had and obtained without menace or enforcement, nor shall summon warne take use or require any [of (fn. 9) ] the said Subjects to furnish or finde any Horses Oxen or other [ Cattell (fn. 8) ] Carts Ploughs Waines or other carriages for the use of His Majestie His Heires or Successors or of any Queene ( (fn. 10) ) of any childe or children of any the Kings or Queenes of England for the time being for the carrying the Goodss Majestie His Heires or Successors or the said Queenes or Children or any of them without such full and free consent as aforesaid Any Law Statute Custome or Usage to the contrary notwithstanding,
XII. No Pre-emption to be allowed or claimed in behalf of the King, &c.
Persons making Purveyance.; Imprisonment till next Session, and then Indictment; Action for Inhabitants, &c.; No such Action to be stayed but by Order of the Court where such Action depends.; Premunire; 16 R. II c. 5.
And be it further enacted That noe preemption shall be allowed or claimed in the behalfe of His Majesty or of any His Heires or Successors or of any the Queenes of England, or of any the children of the Royall Family for the time being in Market or out of Market, but that it be for ever hereafter free to all and every of the Subjects of His Majestie to sell dispose or imploy his said Goods to any other person or persons as him listeth, Any pretence of makeing provision or purveyance of Victuall Carriages or other thing for His Majestie His Heires or Successors or of the said Queenes, or Children, or any pretence of preemption in their or any of their behalfes notwithstanding; And if any person or persons shall make provision or purveyance for His Majestie His Heires or Successors or any the Queenes or Children aforesaid, or impresse or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seale or otherwise contrary to the intent hereof It shall be lawfull for the Justices of Peace or such two or one of them as dwell neere, and to the Constables of such Parish or Village where such occasion shall happen at the request of the party grieved, And they are hereby enjoyned to committ, or cause to be committed the party or partyes soe doeing and offending to Goale till the next Sessions there to be indicted and proceeded against for the same, and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein, and moreover the party grieved shall have his action or actions against such offender or offenders, and therein recover his treble damages and treble costs, In which Action noe Essoigne Wager of Law Aid Prior Priviledge Protection Imparlance Injunction or Order of Restraint shall be granted or allowed, And if any person or persons shall (after notice given that the Action [depending (fn. 8) ] is grounded upon this Statute) cause or procure any action at the Common Law grounded on this Statute to be delayed or staid before Judgement by colour or meanes of any Order Power Warrant or Authority save onely of the Court where such Action shall be brought and depending, or after Judgement had upon such Action shall cause or procure Execution of such Judgement to be staid or delayed by colour or meanes of any Order Warrant Power or Authority save onely by Writt of Error or Attaint, or Order of such Court where such Writt of Error or Attaint shall be depending, That then the person soe offending shall incurr the paines penaltyes and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixteenth yeare of the Raigne of King Richard the second.
XIII. Proviso for the Stannaries
Provided alwayes That this Act extend not to prejudice any [of (fn. 8) ] His Majestyes Rights, Titles, or Dutyes of, in or to, or out of any Tynn in the Stannaries of Devon and Cornwall, nor to prejudice the auntient Dutyes of Butlerage and Prizage of Wines, but that the same shall be in the same plight that the same were in before the makeing of this Act, Any thing herein contained to the contrary in any wise notwithstanding.
XIV. Recompence to His Majesty for the Court of Wards and Tenures, &c. incident thereto.
And now to the intent and purpose that His Majesty His Heires and Successors may receive a full and ample Recompence and Satisfaction as well for the proffits of the said Court of Wards and the Tenures Wardships Liveries Primer-Seizins Ouster le mains and other the Premises and Perquisits incident thereunto, and for all Arreares any way due for the same as alsoe for all and all manner of Purveyance and Provisions herein before mentioned, and intended to be taken away and abolished and all summes of money due or pretended to be due or payable for, and in respect of any compositions for the same. Bee it therefore enacted by the Authority aforesaid That there shall be paid unto the Kings Majestie His Heires and Successors for ever hereafter in recompence as aforesaid the severall Rates Impositions Dutyes and Charge herein after expressed and in manner and forme following (that is to say)
For every Barrell of Beere or Ale above six shillings the Barrell brewed by the Common Brewer, or any other Person or Persons who doth or shall sell, or tap out Beere or Ale publiquely or privately to be paid by the Co[m]mon Brewer, or by such other Person or Persons respectively, and soe proportionably for a greater or lesser quantity, One shilling three pence[js. iijd. (fn. 11) ]
For every Barrell of Six shillings Beere or Ale or under brewed by the Co[m]mon Brewer or other Person or Persons who doth or shall sell or tap out such Beere or Ale publiquely or privately, to be paid by the said Co[m]mon Brewer or by such other Person or Persons respectively as aforesaid, and soe proportionably for a greater or lesser quantity three pence[iij d. (fn. 11) ]
For all Sider and Perry made and sold by retaile upon every Hogshead to be paid by the Retailer thereof and soe proportionably for a greater or lesser measure One shilling three pence[xv d. (fn. 11) ]
For all Metheglin or Meade sold whether by Retaile or otherwise to be paid by the maker thereof upon every Gallon One halfe penny [vjd. (fn. 11) ]
For every Gallon of Strong water or Aqua-vite made and sold to be paid by the maker therof One penny [jd. (fn. 11) ]
For every Barrell of Beere or Ale Imported from beyond the Seas Three shillings [iijs. (fn. 11) ]
For every Tunn of Sider or Perry Imported from beyond the Seas, and soe proportionably for a greater or lesser quantity Five shillings [vs. (fn. 11) ]
For every Gallon of Spirits made of any kinde of Wine or Sider imported Two pence [ij d. (fn. 11) ]
For every Gallon of Strong water perfectly made imported from beyond the Seas Fower pence [iii j d. (fn. 11) ]
For every Gallon of Coffee made, and sold to be paid by the maker Fower pence [iv d. (fn. 11) ]
For every Gallon of Chocolate Sherbet and Tea made and sold, to be paid by the maker thereof Eight pence [vii j d. (fn. 11) ]
XV. Duty upon Foreign Liquors imported to be paid by Importer in Money, upon Entry made, before Landing.
And be it further Enactxed and Ordained by the Authoritie aforesaid That the severall Rates Dutyes and Charges of Excise or New Impost above mentioned hereby sett or imposed upon all and every the said Forraigne Liquors which shall be Imported or brought into all or any the Ports of this Kingdome and Dominions thereof aforesaid from and after the five and twentyeth [Day (fn. 12) ] of December next shall be from time to time satisfied and paid by the Merchant or Merchants Importer or Importers of the same in ready money upon his or their [Entry or (fn. 12) ] Entryes made and before the landing thereof.
XVI. Entries to be made Weekly by Common Brewers, and Monthly by Innkeepers, &c.
And be it further Enacted by the Authoritie aforesaid That all common Brewers of Beere and Ale shall once in every weeke, And all Inne-keepers Alehouse keepers Victuallers and other Retailers of Beere Ale Sider Perry Metheglin or Strong water brewing makeing or retaileing the same shall once in every moneth make true and perticular Entryes at the Office of Excise within the limitts of which the said Commodityes and Manufactures are made of all Beere Ale Perry Sider Metheglin Strong Water or other the Liquors aforesaid which they or any of them shall brew make or retaile in that weeke and moneth respectively as aforesaid.
XVII. Brewer not making Entries, Penalty £10. Innkeeper, £5. Retailers, 20s.
And bee it further Enacted by the Authoritie aforesaid That all such common Brewers who doe not once a Weeke make due and perticular Entryes shall forfeit ten pounds. And that every such Innkeeper who doth not make true and perticular Entryes once a moneth shall forfeit five pounds, And that every Alehouse keeper Victualler or other Retailer who doth not once a moneth make true and perticular Entries shall forfeit twenty shillings.
XVIII. Brewer not paying.
And be it further Enacted by the Authority aforesaid That every common Brewer who shall not pay and cleare off within a weeke after he made his Entry or ought to have made his Entry as aforesaid shall pay double the value of the duty, And that every Innekeeper Alehouse-keeper Victualer or other Retailer who shall not pay and cleare off within a moneth after he made his Entry, or ought to have made his Entry as aforesaid shall pay double the value of the Duty. The said respective forfeitures to be leavyed upon their Goods and Chattells in such manner and forme as hereafter in this Act is ordained and directed.
XIX. In what Places Entries to be made.
Provided that noe such person as aforesaid shall be compelled by the Commissioners or Sub-Commissioners of [the (fn. 11) ] Excise to travell for the makeing of the said Entryes or payment of the said Dutyes or other cause whatsoever touching or concerning the same if he live in a Market Towne, out of the said Towne, if he live out of a Market Towne then to noe other place then to the next Market Towne [to his habitac[i]on (fn. 12) ] in the same County on the Market day.
XX. The Powers of the Commissioners, and Sub-Commissioners to appoint Gaugers.
Entering Houses, &c; Gauging Coppers, ≻ Returning Gauge.; Return to be a Charge on Brewer, &c.; Refusing to permit Gauger to enter;; forbidden by Gauger to sell, &c.; Selling, &c. not having cleared Duty.; Penalty.
And bee it further, Enacted [& Ordained (fn. 12) ] by the Authoritie aforesaid That the Commissioners who shall be appointed by His Majestie for puting this Act in execution and their Sub Commissioners in their respective circuits and divisions shall hereby have power to constitute under their Hands and Seales such and soe many, Gagers as they shall finde needfull, Which Gagers and every of them shall at all times aswell by Night as by Day, and if by Night then in the presence of a Constable or other lawfull Officer be permitted upon their request to enter the House Brewhouse Distilling house and all other Houses and Places whatsoever belonging to, or used by any Brewer Inne keeper Victualler or other Retailer of Beere brewing or makeing the same as aforesaid or by any Distiller of Strong Waters or Retailer of other the Liquors aforesaid, And to gage all Coppers Fats and Vessels in the same, and to take an accompt of Beere Ale Worts Perry Sider Strong waters Aqua vite Metheglin or other the Liquors aforesaid in the said Houses Places and Vessells from time to time brewed or made and distilled, and thereof to make Returne or Report in Writeing to the said Commissioners or Sub Commissioners of Excise under whose Office and Limitts such Brewer Retailer Distiller or Maker of the Liquors aforesaid doth dwell and inhabit leaveing a true Copy of such Returne in writeing under his hand with such Brewer Retailer Distiller or Makers of the Liquors aforesaid, And such Reports or Returnes of the said Gagers shall be a charge upon the said Brewers Makers and Retailers respectively, And if any such common Brewer Maker or Retailer shall refuse to permit any such Gager or Gagers to enter his Brew house or any other places aforementioned, or to gage or take accompt of his Brewing Vessells or of any such Beere Ale Worts Perry Sider Strong water Aqua vite Metheglin or other the Liquors aforesaid, such Brewer Retailer or Distiller shall be forthwith forbidden by the said Gager or Gagers to sell carry out or deliver to any of his Customers any Beere Ale Strongwater Aqua vite or other the Liquors aforesaid, And if any such Brewer Retailer or Distiller of any the Liquors aforesaid after such warning given shall sell carry or deliver out the same or any part thereof not haveing paid and cleared the duty of Excise such person and persons shall besides the forfeiture of double the value forfeit and lose the summe of ten pounds as aforesaid for every offence to be leavyed and recovered upon his or their Goods and Chattels in manner and forme as hereafter in this Act is provided,
XXI. Proportions to be observed in Returns of Gaugers of and for a Barrel of Beer or Ale.
And for the avoiding of all incertainty and dispute touching the returnes made or to be made by the Gagers of any Beere or Ale soe brewed as aforesaid Bee it enacted and declared by [the (fn. 13) ] Authority aforesaid That every six and thirty Gallons of Beere taken by the Gage according to the Standard of the Ale quart fower wherof shall make the Gallon remaining in the custody of the Chamberlains of his Majestyes Exchequer shall be reckoned accounted and returned by the Gager for a Barrell of Beere, and every two and thirty Gallons of Ale taken by the Gage according to the same Standard shall be in like manner reckoned accounted and returned for a Barrell of Ale, And all other the Liquors aforesaid according to the Wine gallon.
XXII. Brewers and Retailers to observe the usual Rates and Prices
Provided alwayes and bee it Enacted and Ordained by Authoritie aforesaid That noe Brewers or Retailers of Beere and Ale shall take any more in the price thereof upon sale of the same then according to the usuall Rates and Prizes, saveing that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Beere or Ale the Excise thereupon due as aforesaid over and above the usuall Rates and Prizes.
XXIII. Allowance for Waste and Leakage.
And bee it enacted by the Authoritie aforesaid That for the better encouragement of all common Brewers or Makers of Beere or Ale to make due entry and payment thereof according as by this Act is appointed, the said common Brewer not selling the same by Retaile for and in consideration of waste by fillings and leakage of their Beere and Ale shall have and be allowed out of the said Returnes made by the Gagers the severall allowances and abatements hereafter mentioned (that is to say) upon every three and twenty Barrells of Beere whether strong or small returned by the said Gagers three Barrells, And upon every two and twenty Barrells of Ale whether strong or small returned by the Gagers two Barrells, which said allowances and abatements the said Commissioners to be appointed as aforesaid and their Sub Commissioners are hereby authorized to allow and make accordingly.
XXIV. Making false Entries.
Provided alwayes That where any common brewer shall wittingly [and (fn. 14) ] willingly, make a false Entry and be convicted for the same before the Commissioners to be appointed as aforesaid or any two of them, or before such other person or persons as are hereafter by this Act appointed, in that case such Brewer or Brewers shall forfeit and lose over and besides the penaltyes before mentioned, the said allowance soe to be made for six moneths then next ensueing.
XXV. No Beer, &c. to be delivered by Brewer until Duty be paid by the Retailer.; Proviso for Beer and Ale sold in Fairs
And be it Enacted and ordained by Authoritie aforesaid That noe Beere or Ale shall be delivered in by such brewer or maker thereof to any Victualler or other Retailer thereof untill the rate which by such Victualler or Retailer is to be paid over and above the price of the said Beere or Ale for or in respect of this duty be first paid and satisfied by the said Victualler or Retailer to the brewer or maker thereof. Provided alwayes That if any person or persons shall brew and sell by retaile any small quantityes of Beere or Ale in any Faier within this Realme or Dominions aforesaid who is not otherwise any common or usuall brewer or Retailer thereof and shall before any such selling and retailing thereof well and truely pay and satisfie the duty due for the same to the Commissioners or Sub Commissioners within whose Limitts or Division the said Fair shall be held, or to their Officers thereunto appointed, Then such person [or (fn. 14) ] persons soe brewing or retaileing the same, And for soe much and noe more nor otherwise shall be freed and discharged from all Penaltyes and Forfeitures in and by this Act before mentioned and imposed, Any thing therein contained to the contrary notwithstanding.
XXVI. Commissioners, &c. may compound for Duty within their Divisions.
Provided neverthelesse that it shall and may bee lawfull to and for the said Commissioners and Sub Commissioners respectively to compound for this Duty with any Inne-keeper Victualler Ale house keeper or Retayler of Beere Ale and other the Liquors aforesaid within their respective Divisions from time to time & in such manner and forme as may be most for the advantage and improvement of the receipts thereof, Any thing in this Act before contained to the contrary notwithstanding.
XXVII. Power of Lord Treasurer, &c. to contract for farming Duties.
And it is further Ordained and Enacted by the Authoritie aforesaid That the Lord Treasurer or Commissioners of the Treasury for the time being or such other person or persons as His Majesty His Heires and Successors shall appoint shall have power, and are hereby authorized [and impoured (fn. 16) ] from time to time to treat contract conclude and agree with any person or persons for or concerning the Farming of all or any the Rates Dutyes and Charges in this Act mentioned upon Beere Ale Perry Sider or other the Liquors aforesaid in any the respective Countyes Cittyes or Places of this Realme or Dominions thereof as may be for the greatest benefit and advantage of the said Receipt, soe as the same exceed not the terme of three yeares.
XXVIII. Such Contracts to be good.
And be it further Enacted That every such Contract Bargaine and Agreement of the Lord Treasurer or Commissioners of the Treasury, or other persons aforesaid on behalfe of His Majestie on the one part, and the person or persons farming on the other part shall be good and effectuall in Law to all intents and purposes.
XXIX. Treasury not to treat with Persons other than such as shall be approved by Quarter Sessions.
Provided alwayes to the end the aforesaid duty may be paid with most ease to the people It is hereby further Enacted That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treate conclude or agree with any person or persons touching the Farming of this duty upon Beere and Ale in any the respective Countyes or places of this Realme or Dominions therof other then with such person or persons as by the Justices of Peace of the said Countyes or places or the major part of them at their publique Quarter Sessions shall be nominated and appointed in that behalfe, which person or persons is to have the first refusall of any such Farme respectively, and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding. Provided that the said duty shall not be let to any other person or persons then to the person or persons recommended by the Justices under the rate that it shall be tendred to, and refused by such person or persons soe recommended
XXX. Forfeiture and Offences within this Act how to be determined.
In London.; In all other Counties, Cities, &c.; If Justices neglect, then Sub-commissioners to determine.; Appeal to Quarter Sessions, final.; Commissioners of Appeal, &c. to examine Witnesses on Oath;; and issue Warrants for levying the Penalties.; Proceedings thereon.
And be it further Enacted and Ordained by the Authoritie aforesaid That all forfeitures and offences made [done (fn. 16) ] and committed against this Act, or any Clause or Article therein contained shall be heard adjudged and determined by such person and persons and in such manner and forme as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the cheife Office in London shall be heard adjudged and determined by the said cheife Commissioners and Governours of Excise (appointed by His Majestie) or the Major part of them, or by the Commissioners for Appeales and regulating of this duty or the major part of them, in case of Appeale and not otherwise. And all such forfeitures and offences made and committed within all or any other the Countyes Cittyes [Towne or Place (fn. 17) ] within this Kingdome or Dominions thereof shall be heard and determined by any two or more of the Justices of the Peace residing neere to the place where such forfeitures shall be made or offence committed, And in case of negclect or refusall of such Justices of the Peace by the space of fowerteene dayes next after complaint made and notice thereof given to the Offender, then the Sub Commissioners or the major part of them appointed for any such Citty County Towne or place shall and are hereby impowered to heare and determine the same, And if the party finde himselfe aggreived by the Judgement given by the said Sub Commissioners he shall and may appeale to the Justices of the Peace at the next Quarter Sessions who are hereby impowered and authorized to heare and determine the same, whose Judgement therein shall be finall, which said Commissioners for Appeales and regulating of this duty and the cheife Commissioners for Excise and all Justices of [the (fn. 16) ] Peace and Sub Commissioners aforesaid respectively are hereby authorized and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused, and upon his appearance or contempt to proceeed to examination of the matter of fact, and upon due proofe made thereof either by the voluntary confession of the party, or by the oath of one or more credible witnesses (which Oath they or any two or more of them have hereby power to administer) to give Judgement or Sentence according as in and by this Act is before ordained and directed, and to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattells of the Offender, and to cause sale to be made of the said Goods and Chattells if they shall not be redeemed within fowerteene dayes rendering to the party the overplus, if any be, and for want of sufficient distresse to imprison the party offending till satisfaction be made.
XXXI. Power to Justices and Commissioners of Excise to mitigate Penalties; but not to less than Amount of Double Duty.
Provided neverthelesse That it shall and may be lawfull to and for the said respective Justices of Peace Commissioners for Excise or any two of them or their Sub Commissioners respectively from time to time where they shall see cause to mittigate compound or lessen such forfeiture penalty or fine as in their discretion they shall thinke fitt, And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penaltyes and forfeitures to the persons soe offending soe as by such mitigation the same be not made lesse then double the value of the duty of Excise which should or ought to have beene paid, besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein, to be to them allowed by the said Justices, Any thing in this Act to the contrary in anywise notwithstanding.
XXXII. How Penalties to be employed.
And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penaltyes mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed three fourth parts thereof to and for the use of the Kings Majestie, and one fourth part to the Discoverer or Informer of the same;
And for the better managing collecting secureing leavying and recovering of all and every the said rates and charges of Excise hereby imposed and sett upon all or any the Commodities before mentioned to the end the same may be paid and disposed of according to the intent of this present Act, Bee it further Enacted and Ordained by Authority aforesaid, And it is hereby Enacted That one principall Head Office shall be erected and continued in the Citty of London or within ten miles thereof from time to time as long as his Majestie shall thinke fitt for this duty, unto which all other Offices for the same within England and Wales and the Towne and Port of Berwicke shall be subordinate and accomptable, Which said Office shall be managed by such Officers as shall be appointed by the Kings Majestie as aforesaid, who, or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majestyes Receipt of [the (fn. 18) ] Excise, and to sitt in some convenient place in the Citty of London, or within ten miles thereof from time to time as long as his Majestie shall thinke fitt [for the ends aforesaid (fn. 19) ]
XXXIV. Officers to take the Oaths of Allegiance and Supremacy together with the Oath following.
And be it Enacted by the Authority aforesaid That noe person or persons shall be capeable of intermedling with any Office or Imployment relateing to the Excise untill he or they shall before two or more Justices of Peace in the County where his or their imployments shall be, or before one of the Barons of the Exchequer take the oaths of Alleigiance and Supremacie which oathes they have hereby power to Administer together with this Oath following Mutatis Mutandis.
YOU shall sweare to execute the Office of truely and faithfully without Favour or affection, and shall from to time true Account make and deliver to such person or persons as his Majestie shall appoint to receive the same, and shall take noe Fee or Reward for the Execution of the said Office from any other person then from his Majestye or those whom his Majestie shall appoint in that behalfe.
XXXV. To be certified to Quarter Sessions.
And be it further Enacted by the Authoritie aforesaid That every such Justice of [the (fn. 19) ] Peace shall certifie the takeing of such Oath to the next Quarter Sessions there to be recorded
XXXVI. London. Westminster, &c. under Management of Head Office.; Commissioners, &c. to be nominated by His Majesty.
And it is further Enacted That all parts of the Cittyes of London and Westminster with the Borough of Southwarke and [the (fn. 19) ] severall Suburbs thereof, and Parishes within the weekely Bills of Mortality shall be under the immediate care inspection and mannagement of the said Head Office, and such and soe many subordinate Commissioners and Sub-Commissioners and other Officers and Ministers for the execution of the Premisses shall be from time to time nominated and appointed by his Majestie His Heires and Successors in all and every other the Countyes Cittyes Townes and places within this Kingdome of England Dominion of Wales and Port of Berwicke as from time to time His Majesty His Heires and Successors shall thinke fitt;
XXXVII. Hours in which the Office to be kept open.
And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kepte open from eight of the Clocke in the morning till twelve of the Clocke at noone, and from two of the Clocke in the afternoone till five of the Clocke in the afternoone for the due execution and performance of all and every the matters and things in this Act appointed and required,
XXXVIII. Commissioners to pay into the Exchequer.
And it is further hereby Enacted That the said cheife Commissioners of Excise or the major part of them shall from time to time issue forth and pay such summe and summes of money as shall from time to time be received collected or leavyed by vertue of this Act into his Majestyes Receipt of Exchequer
XXXIX. General Issue pleadable in any Action upon this Statute.
Provided allwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act, he or they shall and may plead the generall issue, and give this Act in evidence for his defence, and if upon the Tryall a Verdict shall passe for the Deffendant or Defendants, or the Plaintiffe or Plaintiffes be nonsuite then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiffe or Plaintiffes.
XL. No Writs of Certiorari to supersede Proceedings.
Provided alsoe and be it Enacted That noe Writt or Writts of Certiorari shall supersede Execution or other proceeding upon any Order or Orders made by the Justices aforesaid in pursuance of this Act but that execution and other proceeding shall and may be had and made thereupon, Any such Writt or Writts or allowance thereof notwithstanding.
XLI. Proviso as to Act of General Pardon, c. 11. ante.
Provided That this Act or any thing therein contained shall not extend or be construed to extend in any manner to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion, but that every Clause Article Matter and thing therein mentioned & comprized shall notwithstanding this Act or any matter or thing therein remaine good and valid, and be of the same force vertue and effect as if this Act had never beene made
XLII. Proviso concerning Edward Backwell as to £28, 450 advanced by him on Credit of several Orders of this Parliament.
Provided alwayes and be it further Enacted That this Act or any thing therein contained shall not be prejudiciall to Edward Backewell Alderman of London as to the summe of twenty eight thousand fower hundred and fifty pounds (or any part thereof) by him advanced upon the Credit of severall Orders of this present Parliament, and by them charged on the Receipt of the Grand Excise that is to say the summe of Five thousand pounds payable to His Majestyes Surveyour Generall for the repaire of his Majestyes Houses charged by vertue of an Order of the sixth of September One thousand six hundred and sixty with Interest for the same, the summe of tenn thousand pounds advanced to her Highnesse the Princesse Royall being charged with Interest by an Order of the thirteenth of September One thousand six hundred and sixty, the summe of ten thousand pounds payable to her Majestie the Queene of Bohemia being charged together with Interest by an Order of the thirteenth of September One thousand six hundred and sixty the summe of three thousand foure hundred and fifty pounds payable for Provisions for Dunkirke by Order of the twenty sixth of November One thousand six hundred and sixty, which summe of twenty eight thousand fower hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per cent. shall be paid to the said Edward Backewell or his Assignes out of the Grand Excise and the Arreares thereof in course as is by the said Orders appointed, and in case the same shall fall short in payment by the twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid, and that noe other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said Debt due to the said Edward Backewell be satisfied, and that in case any part of the moneyes due to Alderman Backewell be paid out of that part of the Excise which shall grow due to the Kings Majestie [that then his Majesty (fn. 20) ] shall be reimbursed the same out of the first moneyes that shall come in of the Arreares of Excise that will be due the said twenty fifth of December.