Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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42 Car. II. c. 23.; Rates upon Beer, &c. given by 12 Car. II. c. 23. now given to the King and Queen for their Lives; Manner of levying as by former Acts.
The Commons assembled in Parlyament duly considering how much it conduceth to the Safety Peace and Prosperity of a Kingdome that the publick Revenue thereof be in some Measure proportionable to the publicke Charges and with Thankfulnes and Admiration calling to remembrance his Majestyes glorious and successfull Undertakeing for the deliverance of the People of this Nation from Popery and Arbitrary Power have unanimously given and granted and doe hereby give and grant unto their Majestyes (whome God long preserve) the severall Rates Impositions Dutyes and Charges upon Beere Ale Cider and other Liquors mentioned in an Act of Parliament made in the twelfth yeare of the Raigne of his late Majestie King Charles the Second Entituled A Grant of certaine Impositions upon Beere Ale and other Liquors for the Increase of his Majestyes Revenue dureing his Life and thereby granted to the said King for his Life (except such and soe much of them concerning which it is otherwise provided or ordained by any Act made in the last Parlyament) and doe most humbly beseech their Majestyes that it may be enacted And bee it enacted by the King and Queens most Excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the authoritie of the same That the severall Rates Duties and Impositions upon Beere. Ale Cider and other Liquors aforesaid be levyed collected and paid unto their Majestyes dureing their Lives and the Life of the Survivor of them in the same manner and forme and at such places and by such rules wayes and means and under such penalties and forfeitures as are mentioned expressed and directed in and by the said Act and alsoe in and by another Act of Parliament made in the fifteenth yeare of the Raigne of his said late Majestie Entituled An Additionall Act for the better ordering and collecting the Duty of Excise and preventing the Abuses therein or by any other Law now in force relateing to the said Revenue of Excise and that the aforesaid Acts and every Article Rule and Clause therein mentioned shall be of full force and effect to all intents and purposes dureing their Majestyes Lives and the Life of the Survivor of them in like Manner as if the same were particularly and at large recited and sett downe in the Body of this Act.
If their Majesties die, the said Duties given to their Successors till December 1693.
And whereas their Majestyes are contented and pleased that it be enacted That the Rates Impositions Duties and Charges by this Act given and granted to them as aforesaid should be made a Fond of Credit for the raising a Summe not exceeding two hundred and fifty thousand pounds towards the reduceing of Ireland and carrying on the present Warr against the French King not doubting but that their good Subjects (in whose Love and dutyfull Affections their Majestyes are firmly perswaded the Strength and Glory of the Crowne doth principally consist) will in due Time make provision for the takeing off and discharging the said Anticipations Bee it therefore enacted by the authoritie aforesaid That if it should happen (which God forbid) that their Majestyes should die before the foure and twentyeth day of December which shall be in the yeare of our Lord one thousand six hundred ninety three That then the said severall Rates Impositions Duties and Charges shall be continued and shall be levyed collected and paid in manner aforesaid unto their Majesties Successors untill the said foure and twentieth day of December subject to and chargeable with the said Summe to be borrowed or raised as aforesaid
III. Persons may lend £250,000 at £8 per Cent.
And for the ( (fn. 1) ) enabling their Majesties to borrow the said Summe for the Purposes aforesaid for which the said severall Rates Impositions Duties and Charges are intended to be a Security Bee it enacted by the authoritie aforesaid That it shall and may be lawfull to and for any Person or persons Natives or Forreigners Bodies Politick or Corporate to advance and lend to their Majesties into the Receipt of the Exchequer upon the Credit of this Act any Summe or Summes of money not exceeding the Summe of two hundred and fifty thousand pounds in the whole and to have and receive for the forbearance of all such moneys as shall be lent before the tenth day of June one thousand six hundred and ninety Interest not exceeding the Rate of eight pounds per Centum per Annum And for what shall be lent after the said tenth day of June Interest not exceeding seven pounds per Centum per Annum
IV. Three Parts in Four to be kept apart by the Commissioners of the Excise till December 1693, and the Money to be paid weekly into the Exchequer.
and distinct Accounts thereof kept and to be viewed without Fee; Weekly Payments of Excise into the Exchequer.
And to the end that all Moneys which shall be soe lent unto their Majesties may be well and sufficiently secured out of the Moneys ariseing and payable by this Act with [the (fn. 2) ] Interest for the same not exceeding the respective Rates aforesaid Bee it further enacted by the authoritie aforesaid That from and after the first day of November One thousand six hundred and ninety untill the said twenty fourth day of December which shall be in the yeare of our Lord one thousand six hundred ninety three the Commissioners and Governors for the management of the Receipt of Excise at the Head Office in London shall separate and keepe apart three parts (the whole in foure equall parts to be divided) of the Moneys ariseing by the Rates and Duties of Excise hereby granted as the same shall from time to time arise or be paid into the said Office of Excise by the Receivers or Collectors of the same or by any other person whatsoever And the Auditor and Comptroller of the Excise for the time being or their respective Deputies shall keepe a perfect and distinct Account in Bookes fairly written of the said three parts as the same shall come in: To which Books all persons concerned shall have free accesse at all seasonable times without Fee or Charge And the said Commissioners and Governors of Excise for the time being are hereby required and strictly injoyned from time to time to pay weekly to witt on Wednesday in every Weeke if it be not a Holyday and if it be then the next day after that is not a Holyday the said three parts into the Receipt of their Majestyes Exchequer distinct and apart from the other Moneys which the said Commissioners and Governors of the Excise shall receive for their Majestyes use
V. Tally, Order, &c. granted to Lenders.
Order for Repayment registered and paid in course.; Monies raised under this Act liable to Lenders.
And bee it further enacted by the authoritie aforesaid That there shall be provided and kept in their Majesties Exchequer that is to say in the Office of the Auditor of the Receipts one Booke in which all Moneys that shall be paid into the Exchequer of or for the said three parts as aforesaid shall be entred apart and distinct from all other Moneys paid or payable to their Majestyes upon any account whatsoever And that all and every person and persons Natives or Forreigners Bodies Politicke or Corporate who shall lend any Money to their Majesties upon the Credit of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loane strucke for the same and an Order for his or their Repayment bearing the same date with the Tally in which Order shall be alsoe contained a Warrant for Payment of Interest for Forbearance not exceeding the respective Rates aforesaid for his or their Consideration to be paid every three Months untill Repayment of the Principall And that all Orders for Repayment of Money shall be registred in Course according to the date of the Tally respectively without preference of one before another And that all and every person and persons shall be paid in Course according as their Orders shall stand registred in the said Booke soe as that the person Native or Forreigner his her or their Executors Administrators and Assignes who shall have his [her (fn. 3) ] or their Order or Orders first entred in the said Booke shall be taken and accounted as the first person to be paid upon the Moneys to come in by vertue of this Act And he or they who shall have his or their Order or Orders next entred shall be taken and accounted to be the second person to be paid and soe successively and in course And that the Moneys to come in by this Act shall be in the same Order lyable to the Satisfaction of the said respective Parties their Executors Administrators or Assignes successively without preference of one before another and not otherwise and not to be divertible to any other use intent or purpose whatsoever
VI. Commissioners neglecting to pay or misapplying Monies.
Punishment; Officer or Deputy taking Fee for Books, Entry, &c; Penalty; Undue Preference by Officer; Punishment; By Deputy; Punishment; Auditor, &c. not directing or making Payment; Penalty; Penalties how recovered.
And if the said Commissioners or Governours of the Excise for the time being shall refuse or neglect to pay into the Exchequer the said three parts of the Money ariseing as aforesaid in such manner as they are before required or enjoyned to doe or shall divert or misapply any part of the same Then they for any such Offence shall forfeit their Offices of Commissioners and Governours for the management of the Receipt of the Excise and be uncapable of any Office or place of trust whatsoever and shall be lyable to pay the full Value of any Summe or Summes soe diverted or misapplyed to any person or persons who will sue for the same by any Action of Debt Bill Plaint or Information in any of their Majestyes Courts of Record at Westminster where noe Essoigne Protection Wager of Law or Priviledge or more then one Imparlance shall be granted or allowed And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any of their Majestyes Subjects for provideing or makeing of any such Books Registers Entryes View or Search as aforesaid or in or for the Payment of Money lent or the Interest as aforesaid by any of their Majestyes Officer or Officers their Clerks or Deputies on paine of payment of treble Damages to the Partie grieved by the Partie offending with Costs of Suite Or if the Officer or Officers themselves take or demand any such Fee or Reward then to lose their Places alsoe And if any undue preference of one before another shall be made either in point of Registry or Payment contrary to the true meaning of this Act by any such Officer or Officers then the Partie offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the Party grieved and shall be forejudged from their Places or Offices And if such preference be unduely made by any their Deputies or Clerks without direction or privity of the Officer or Officers then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor shall not direct the Order or the Clerke of the Pells Record or the Teller make Payment according to each persons due Place and Order as aforedirected then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending to be lyable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Forfeitures Damages and Costs to be incurred by any of the Officers aforesaid or any their Deputies or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of their Majestyes Courts of Record at Westminster wherein noe Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed
VII. Payment of any Tally of same Date first, or of subsequent Orders first demanded, no undue Preference.
Provided alwayes and bee it hereby declared That if it happen that severall Talleys of Loane or Orders for payment as aforesaid beare date or be brought the same day to the Auditor of the Receipt to be registred then it shall be interpreted noe undue preference which of those he enters first soe he enters them all the same day Provided alsoe That it shall not be interpreted any undue preference to incurr any Penaltie in point of payment if the Auditor direct and the Clerke of the Pells Record and the Teller doe pay subsequent Orders of persons that come and demand their Money and bring their Order in their Course soe as there be soe much Money reserved as will satisfie precedent Orders which shall not be otherwise disposed but kept for them (Interest upon Loane being to cease from the time the Money is soe reserved and kept in Bank for them)
VIII. Orders for Monies how assignable.
Memorial of Assignment without Fee; Assignee may assign.
And bee it further enacted by the authoritie aforesaid That every person or persons to whome any Moneys shall be due by Vertue of this Act after Order entred in the Booke of Register aforesaid for payment thereof his Executors Administrators or Assignes by Indorsment of his Order may assigne and transferr his Right Title Interest and Benefit of such Order or any part thereof to any other which, being notified in the Office of the Auditor of the Receipt aforesaid and an Entry or Memoriall thereof alsoe made in the Booke or Register aforesaid for Orders (which the Officers shall upon Request without Fee or Charge accordingly make) shall entitle such Assignee his Executors Administrators and Assignes to the benefit thereof and payment thereon And such Assignee may in like manner assigne againe and soe toties quoties and afterwards it shall not be in the power of such person or persons who have or hath made such Assignments to make void release or discharge the same or any the Moneys thereby due or any part thereof
IX. 1 Jac. II. c. 1.
Provided neverthelesse and bee it enacted That an Act of Parlyament made in the first yeare of the Raigne of the late King James the Second Entituled An Act for Setleing the Revenue on his Majestie for Life which was setled on his late Majesty for his Life shall be and is hereby repealed and made void And that noe Article Clause or Thing therein contained from henceforth shall be or be construed to be of any force or effect whatsoever
X. This Act not to extend to 1 W. & M. Sess. 2. c. 3.
Provided neverthelesse That nothing in this Act shall extend or be construed to repeale or alter an Act made in the last Session of the Parlyament held in the first yeare of their Majesties Raigne Entituled An Act for Preventing all Doubts and Questions concerning the Collecting the publique Revenue but that the same shall have Continuance and be in force untill the twenty fifth day of December one thousand six hundred and ninety any thing in this Act contained to the contrary thereof in any wise notwithstanding
XI. Their Majesties may settle £20,000 per Annum upon Princess Anne.
First and other Payments when to be made.
And whereas the King and Queens most excellent Majestyes are graciously pleased out of their Princely Care and great Love and Affection to their intirely beloved Brother and Sister the Prince and Princesse Anne of Denmarke to make a further Provision for the better Maintenance and Support of the said Prince and Princesse their Issue and Children and of their State and Dignitie Bee it enacted by the authoritie aforesaid That it shall and may be lawfull for the King and Queens most excellent Majestyes by their Letters Patents under the Great Seale of England hereafter to be made to give and grant unto the said Princesse Anne of Denmarke the yearely Rent or Summe of twenty thousand pounds of lawfull Money of England to be issueing out of the Impositions and Duties of the Excise hereby given and granted or out of any part thereof to have and to hold to the said Princesse Anne of Denmarke for her Life dureing the Lives of their Majestyes and the Life of the longest Liver of them (freed from the Loans by this Act to be made) to be paid to the said Princesse or her use at the foure most usuall Feasts in the Yeare that is to say Saint Michaell the Archangell the Nativity of our Lord Christ the Annunciation of the Virgin Mary and the Nativity of St John Baptist by equall Portions The first payment to beginne and be made on the Feast of the Nativity of St John Baptist now next ensueing and the same and all [other (fn. 4) ] succeeding payments to be made and paid out of the Receipt of the Exchequer or by and from the immediate Hands of all and every the Farmers Commissioners Sub Commissioners Treasurers Recievers or Collectors for the time being respectively of the said Impositions and Dutyes of Excise hereby given and granted with such Fees for the payment of the same or without as their Majesties by the said Letters Patents shall direct and appoint and that the Acquittance of the said Princesse or of her Reciever Generall from time to time shall be a good discharge for the payment thereof
XII. Their Majesties may settle £20,000 per Annum upon Prince George, &c. if Princess Anne die before Their Majesties.
And bee it further enacted by the authoritie aforesaid That if it shall happen that the said Princesse shall depart this Life in the Life-time of their Majesties or either of them that it shall be likewise lawfull for their Majesties by the said Letters Patents to give grant and limitt the said yearely Summe of twenty thousand pounds to the said Prince of Denmarke and the Issue and Children of the said Princesse Anne of Denmarke respectively in such proportions as their Majestyes by the said Letters Patents shall limitt appoint and direct the same to be held and enjoyed by the said Prince of Denmarke and the Issue and Children of the said Princesse Anne of Denmarke respectively yearely and by quarterly payments dureing the Lives of their Majesties and the Life of the longest Liver of them and noe longer
XIII. Letters Patents for the said £20,000 good, notwith-standing Misrecital, &c.
And bee it further enacted by the authoritie aforesaid That all and every the Clauses Articles and Limitations to be contained in their said Majestyes Letters Patents hereafter to be made as aforesaid for or concerning their Majesties granting conveying and setleing of the said yearely Summe of twenty thousand pounds unto the said Prince and Princesse Anne of Denmarke their Issue and Children respectively as aforesaid or of for or concerning the yearely or quarterly payments thereof and every Clause and Article therein contained shall be and are hereby enacted to be good and effectuall in Law according to the tenour and purport thereof in the said Letters Patents to be expressed any misrecitall nonrecitall ommission or other defect in the said Letters Patents hereafter to be made in any wise notwithstanding.