Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 12 Car. II. c. 25. §1.
§ 2.; § 6.; and of 12 Car. II. C. 35. § 1.; § 4. § 15.; and that both the said Acts have been confirmed; And reciting that the King had granted and assigned to the Duke of York the Profits of licensing retailing of Wine; and the Revenues arising from the Post Office.; The said Duke and the Heirs Male of his Body to have all the said Powers and Profits from granting Licences to retail Wine; and a Moiety of the Penalties of 12 Car. II. c. 25.
Whereas the Lords & Comns being assembled at Westminster the five and twentieth Day of Aprill Anno Domini One thousand six hundred and sixty in the twelfth Yeare of the Raigne of our most gracious Soveraigne Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith were there continued untill the nyne and twentyeth Day of December next following and then dissolved [in which Time (fn. 2) ] A certaine Act was made entituled An Act for the better ordering the selling of Wynes by retaile and for preventing abuses in the mingling corrupting and vitiating of Wynes and for settling and limitting the Prices of the same whereby it was enacted that no Person or Persons whatsoever from and after the five and twentieth Day of March in the Yeare of our Lord one thousand six hundred sixty and one unless hee or they should be authorized and enabled in manner and forme as by the said Act is appointed shall sell or utter by retaile any Kind of Wyne or Wynes to be spent in his or their Mansion House or Houses or other place by any meane whatsoever upon payne of Forfeite for every such Offence the Su[m]me of Five Pounds the one Moyety thereof to the King and the other Moyety to him or them that will sue for the same And it was further thereby enacted that it should be lawfull for his Majesty his Heires and Successors from Tyme to Tyme to issue out under his or their great Seale of England One or more Comission or Comissions directed to two or more Persons thereby authorising them to lycence and give Authority to such Person or Persons as they should thinke fitt to sell and utter by Retayle all and every or any kind of Wyne or Wynes to bee drunke and spent aswell within the House or Howses or other Place in the Tenure or Occupation of the Party soe lycenced as without in any Citty Towne or other Place within the Kingdome of England Dominion of Wales and Towne of Barwicke upon Tweede and such Comissioners are to contract for selling and uttering of Wynes by Retayle in any Citty or other Place as aforesaid in such manner and forme and under such Provisoes as in the said Act is mentioned And it is further provided by the said Act that the Rents Revenues and Su[m]mes of Money arising by the said Act should bee duly and constantly paid and answered into his Majestyes Receipt of Exchequer and not bee charged or chargeable either before it bee paid into the Exchequer or after with any Guift or Pention As by the said Act amongst divers other Provisoes and Clauses may more at large appeare And also one other Act was at the same Time made entituled An Act for crecting and establishing a Post Office whereby it [is (fn. 2) ] enacted That from thenceforth there should bee one Generall Letter Office erected and established in some convenient Place within the Citty of London from whence all Letters and Pacquetts may bee sent into any Parte of the Kingdome of England Scotland and Ireland or other of his Majestyes Dominions or unto any Kingdome or Country beyond the Seas and that one Master of the said Generall Letter Office shall bee from Tyme to Tyme appointed by the Kings Majesty his Heires and Successors by his or their Letters Pattents under the great Seale of England by the Name and Stile of his Majestyes Post Master Generall which said Post Master and his Deputy and Deputyes by him thereunto sufficiently authorised and his and their Servants and Agents and no other Person shall have the receiving ordering or sending Post of all Letters and Pacquetts whatsoever to bee sent to and from the Places aforesaid (except as therein and thereby is excepted) And it was thereby provided That such Post Master Generall and his Deputy and Deputyes may demand have receive and take for the Portage of all such Letters which he shall convey as aforesaid and for the providing and furnishing Horses for thorough Posts according to the Rates therein mentioned And that his Majesty his Heires and Successors may grant the said Office of Post Master Generall with the Powers and Authorityes thereunto belonging, and the severall Rates of Portage therein mentioned And all Profitts Priviledges Fees Perquisitts and Emoluments thereunto belonging either for Life or Terme of Yeares not exceeding One and Twenty Yeares to such Person and Persons and under such Covenants Conditions and yearely Rents to his said Majesty his Heires and Successors reserved as hee or they shall from Tyme to Tyme thinke fitt as by the said Act amongst divers other Clauses and Provisoes therein conteined may more at large appeare Both which Acts have beene confirmed by this present Parliament Now forasmuch as the Kings most excellent Majesty is graciously pleased out of his princely Care and great Love and Affection to his most entirely beloved Brother James Duke of Yorke for and towards the Maintenance and Support of the said Duke his State and Dignity to grant and assigne all and every the Power and Powers Authority and Authorityes of giving Licence to any Person or Persons to sell or utter by retaile all and every or any kind of Wyne or Wynes whatsoever with all Rents Summe and Summes of Money Revenues Profitts and Emoluments whatsoever that shall or may arise from or out or by reason of such Power or licencing the retayling of Wynes or Forfeitures for retayling of Wynes without such Lycences unto the said James Duke of Yorke and to the Heires Males of his Body begotten or to be begotten And also all the Rents Summe and Summes of Money and revenues that shall arise grow and become due of or from the said Generall Letter Office or Post Office or Office of Postmaster Generall unto the said James Duke of Yorke and the Heires Males of his Body begotten or to be begotten Bee it therefore enacted and declared by the Kings most excellent Majesty by and with the Advise and Consent of the Lords Spirituall and Temporall and the Comons in this present Parliament assembled and by the Authority of the same That the said James Duke of Yorke and the Heires Males of his Body begotten or to be begotten shall have all and every the Powers and Authorityes aforesaid to give and grant Licences to such Person or Persons as he or they shall thinke fitt to sell and utter by Retaile all and every or any kind of Wyne or Wynes whatsoever to be drunke and spent as well within the House and Houses or other Place in the Tenure or Occupation of the Party soe licenced as without in any Citty Towne or other Place whatsoever within the Kingdome of England Dominion of Wales and Towne and Port of Barwicke upon Tweede, together with all Benefitts and Profitts thereof And alsoe that the said Duke and the Heires Males of his Body begotten or to be begotten shall [have (fn. 3) ] that Moyety of the Forfeitures and Penaltyes which by the said recited, Act is given to his Majesty his Heires and Successors
II. Power to the Agents of the said Duke to contract for granting Licences.
And it is hereby further declared That all and every other Person or Persons which from Tyme to Tyme or at any Tymes hereafter shall bee by the said James Duke of Yorke and the Heires Males of his Body begotten or to bee begotten appointed authorised or deputed Agent or Agents Comissioner or Comissioners to treat and contract for giving Licences and Dispensations to any Person or Persons for the selling and utterring Wines by retaile in any Citty or Towne or other Place as aforesaid shall have the full and sole Power and Authority to treate and contract for giving Lycences to any person or persons for the selling and utterring Wynes by Retaile in any Citty Towne or other place as aforesaid, Any Law Statute Grant Usage or Custome to the contrary in anywise notwithstanding in as full and ample manner as the Kings Agents or Comissioners might doe by vertue of the said recited Act
III. Persons appointed by the said Duke to grant Licences, enabled so to do under the Seal of the Duke or his Heirs Male. No Fine to be taken.
Remedy for Rents reserved to the Duke; Discharge of the Duke or his Receiver General good Discharge.
And bee it further enacted by the Authority aforesaid that such Person or Persons as shall bee appointed by the said James Duke of Yorke or the Heires Males of his Body begotten or to be begotten under his or their. Hand and Seale for granting Licences for selling and utterring Wynes by Retaile are hereby enabled under such Seale as the said Duke or the Heires Males of his Body begotten [or to be begotten (fn. 3) ] shall appointe to grant Licences for the selling and utterring Wynes by Retayle to any Person or Persons or for any Tyme or Times not exceeding One and twenty Yeares if such Persons shall soe long live and for such yearely Rents and under such conditions as they shall thinke fitt soe as no fine bee taken for the same but that the Rents or Summes of Money soe agreed for and reserved shall be duly paid at the Tymes and Places agreed for the Payment thereof for which Rents soe reserved in case the same shall not bee paid the said Duke and the Heires Males of his Body begotten or to bee begotten shall and may have Power by this Act to sue for the same by Bill Plainte or Action of Debt in any of his Majestyes Courts of Record at Westminster or elswhere in his owne Name or to sue for the same in his Majestyes Name in the Court of the Exchequer at the Election of the said Duke and the Heires Males of his Body begotten or to be begotten and that the Discharge of the said James Duke of Yorke and of the Heires Males of his Body begotten [or to be begotten (fn. 3) ] or of his or their Receiver Generall for the Tyme being shall be a full and effectuall Discharge to all Intents and Purposes for all such Moneyes as have or shall bee received by vertue of the Act for Wyne Lycences
IV. The King not to grant Licenses.
Provided alwayes that the Kings Majesty his Heires and Successors shall not during the Continuance of the said Estate Tayle by himselfe or Agents grant any Co[m]mission or Co[m]missions Licence or Lycences for the selling or uttering of any Wynes by Retaile
V. Proviso for Contracts for Licenses already made by the King.
And also provided that nothing in this Act conteined shall make void any Contracts Leases or Agreements that have beene made by His Majestyes Agents for granting Licences for selling and uttering Wynes by retaile in pursuance of the said Act but the same Contracts Leases and Agreements shall remaine in such force as they were before the making of this Act, and that the Rents thereupon reserved, and all Arrearcs thereof shall be paid unto the said Duke and to the Heires Males of his Body begotten or to be begotten
VI. Post Office Revenues hereby settled on the Duke of York and the Heirs Male of his Body.
His and their Receivers General may receive the said Revenue.
And bee it further enacted by the Authority aforesaid That all the yearely Rents Summe or Summes of Money Revenues Issues and Profitts whatsoever that shall grow due accrue or bee payable unto his Majesty his Heires or Successors for or by reason of the said Generall Letter Office or Post Office or Office of Post Master Generall or annexed incident or belonging to the said Post Office or Generall Letter Office or Office of Post Master Generall or issuing out of the same or accruing or growing due for or by reason of the same shall bee and hereby are vested and settled by vertue of this Act upon the said James Duke of Yorke and the Heires Males of his Body begotten [or to bee begotten (fn. 4) ] with full and sole power from Tyme to Tyme for the said Duke and the Heires Males of his Body begotten or to be begotten his and their Receivers Generall to receive all and every the said Rents Issues and Profitts accruing for or issuing out of the said Office and from Tyme to Tyme to give Discharges for the Money soe received
VII. The said Post Office Revenues not to be paid into the Exchequer, but to the Duke, &c. who may sue for the same.
Provided alwayes and be it enacted by the Authority aforesaid That none of the said yearly Rents Issues and Profitts arrising growing due accruing or issuing out of the [said (fn. 4) ] Generall Letter Office or Post Office or Office of Post master Generall shall for and during the [said (fn. 4) ] Estate Tayle be paid into the Exchequer but onely to the said Duke and to the Heires Males of his Body begotten or to be begotten his or their Receivor Generall for the tyme being, and also that it shall and may be lawfull to and for the said Duke and for the Heires Males of his Body begotten or to be begotten in the name of his Majesty his Heires or Successors or in his or their owne Name to sue for the same by Bill Plaint Information Action of Debt or otherwise in any Court or Courts of Law or Equity wherein noe Protection Wager of Law or Essoigne shall lye
VIII. Proviso for Grant to Daniel O'Neale Esquire of the Office of Post Master General.
Provided also that nothing herein conteined shall make void the grant made by his Majesty to Daniell Oneale Esquier of the Office of Post master Generall or Generall Letter Office or Post Office for foure Yeares and one Quarter of a Yeare from the [said (fn. 4) ] five and twentieth Day of March in the Yeare of our Lord One thousand six hundred sixty and three under the yearely Rent of One and twenty Thousand five Hundred Pounds for all the said Terme (except the last Quarter which is paid aforehand soe as the said rents bee paid unto his said Highness James Duke of Yorke and to the Heires Males of his Body begotten or to be begotten
IX. Proviso for His Majesty charging not exceeding £5,382. 10s. on Office of Post Master General.
Provided also and it is hereby further enacted and declared That it shall and may be lawfull for the Kings Majesty his Heires and Successors at any tyme or tymes during the said Estate Tayle by warrant under his Privy Seale to charge any Su[m]me [or severall Su[m]mes (fn. 4) ] of Money not exceeding [in the whole (fn. 4) ] the Su[m]me of five thousand three hundred fowerscore and two Pounds Tenn Shillings to be paid out of the Profitts of the Office of Post master Generall, to the which said Su[m]me of five thousand three hundred fowerscore and two Pounds tenn Shillings, the severall Sumes and Payments now allready charged thereupon doe in the whole amount (the grant of which Su[m]mes are not to be avoided by this Act) [and wch 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 Ma[jes]tie as aforesaid, are, and shalbe by Authority of this Act confirmed and made in full Force. (fn. 5) ]
X. The King to have the Nomination of Post Master General at a Rent to be reserved to the Duke of York.
Provided further that the Kings most excellent Majesty his Heires and Successors shall have the Nomination of the Post Master Generall of the said Post Office, and shall from tyme to tyme nominate and appointe such Person and Persons as he or they shall please to be Postmaster Generall of the said Office and may grant the same Office with the Power and Authority thereunto belonging and the said Rates of Portage in the said Act mentioned either for Life or Terme of Yeares not exceeding one and twenty Yeares to such Person or Persons as he or they shall thinke fitt under the most improved Yearely Rent that can be reasonably had or gotten for the same by the said Duke or the Heires Males of his Body [begotten or to be begotten (fn. 4) ] without Fines the said yearely rent to be reserved and payable to the said Duke and to the Heires Males of his Body [begotten or (fn. 4) ] to be begotten and also under such Covenants Conditions and Agreements as the said Duke or the Heires Males of his Body begotten or to be begotten shall thinke fitting Any Thing in this present Act conteyned to the contrary notwithstanding
XI. The Duke, &c. enabled to settle a Jointure on Wives out of the said Premises, and to lease the same.
Provided alwayes and it is hereby declared That it shall and may be lawfull to and for the said James Duke of Yorke and the Heires Males of his Body begotten [and to be begotten (fn. 4) ] to settle any Part of the [said (fn. 4) ] Premisses not exceeding a third Part of the cleare yearely Vallue over and above all charges and Reprises for a Joynture for his or their Wife or Wives and also to lease any other Part of the said Premisses for any Number of Yeares not exceeding one and twenty Yeares and not exceeding one other third Part of the cleare yearely Vallue of [the (fn. 4) ] Premisses over and above all [other (fn. 4) ] Charges and Reprises in order to raise Portions for his or their yonger Children
XII. Proviso for the Privileges of the Universities.
Provided also that this Act or any Thing therein conteined shall not in any wise be prejudiciall to the Priviledge of the two Universityes of this Land or either of them or to the Chancellor or Schollars of the same or their Successors but that they may use and enjoy such Priviledges as heretofore they have lawfully used and enjoyed Any Thing herein to the contrary notwithstanding
XIII. Proviso for the Vintners of London and for other Towns Corporate.
Provided also that this Act or any Thing therein conteined shall not extend or be prejudiciall to the Master Wardens and Freemen and Cominalty of the Mistery of Vintners of the Citty of London or to any other Citty or Towne Corporate, but that they may use and enjoy such Libertyes and Priviledges as heretofore they have lawfully used and enjoyed Any Thing herein contayned to the contrary in any wise notwithstanding
XIV. Proviso for the Borough of Saint Albans, as to appointing and licensing Three Wine Taverns.
Provided alsoe and be it enacted by the Authority aforesaid That this Act or any Thing therein conteined shall not in any wise extend to debarr or hinder the Maior or Burgesses of the Borough of St Albans in the County of Hertford or their Successors from enjoying using and exercising of all such Libertyes Powers and Authorityes to them heretofore granted by severall Letters Pattents under the Great Seale of England by Queene Elizabeth and King James of famous Memoryes for the erecting appointing and licensing of three severall Wyne Tavernes within the Borough aforesaid for and towards the maintenance of the Free Schoole there but that the same Libertyes Powers and Authorityes shall bee and are hereby established and confirmed and shall remaine and continue in and to the said Maior and Burgesses and their Successors to and for the C[h (fn. 6) ] aritable use aforesaid and according to the Tenor of the Letters Pattents aforesaid as though this Act had never beene made Any thing herein conteined to the contrary in any wise notwithstanding.
XV. Proviso for Letters sent to and from the Universities.
Provided alwayes That all Letters and other Things may bee sent or conveyed to or from the two Universityes in manner as heretofore hath beene used, Any Thing herein to the contrary notwithstanding.