Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
12 Car. II. c. 4.; Tonnage and Poundage given to the King for Four Years; The said Act and an Order of the Commons annexed thereto, dated 17 May 1662, in force.
The Commons assembled in Parlyament reposeing Trust and Confidence in your Majestyes for the guarding and defending of the Seas against all persons who shall attempt to invade this your Realme or to disturbe your Subjects in their Trade and Commerce towards the defraying the necessary Charge thereof And alsoe for the better enabling your Majestyes to prosecute the present Warr against the French King and for the reduceing of Ireland with speede and vigour have chearfully and unanimously given and granted and doe hereby give and grant unto your Majestyes the Subsidy of Tonnage and Poundage and other Summes ( (fn. 1) ) given and granted unto his late Majestie King Charles the Second for his Life by an Act of Parlyament made in the Twelfth yeare of his Raigne Entituled A Subsidie granted to the King of Tonnage and Poundage and other Summes of Money payable upon Merchandize Exported and Imported according to the Rates in the said Act mentioned and Rules and Orders thereunto annexed (other then such concerning which it is otherwise provided or ordained by any Act made in the last Parliament) And doe most humbly beseech your Majesties 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 aforesaid Subsidie of Tonnage and Poundage and other Sums of Money payable upon Merchandize be levyed collected and paid unto their Majestyes for the Terme of Foure yeares to commence and be computed from the foure and twentyeth day of December in the yeare of our Lord one thousand six hundred and ninety And that the aforesaid Act and every Article Rule and Clause therein mentioned And alsoe an Order of the Commons in Parliament assembled made in pursuance of the Rules and Orders annexed to the aforesaid Act for setleing of Officers Fees dated the seventeenth of May one thousand six hundred sixty two and signed by Sir Edward Turner then Speaker shall be of full force and effect to all intents and purposes dureing the said Terme of foure yeares as fully and in like manner as if the same were particularly and at large recited and sett downe in the Body of this Act
12 Car. II. c. 19.; 14 Car. II. c. 11; 22 Car. II. c. 13.; 25 Car. II. c. 6; 25 Car. II. c. 7; 1 Jac. II. c. 19. continued for Four Years.
And bee it further enacted by the authoritie aforesaid That an Act of Parlyament made in the twelfth yeare of the Raigne of the said King Charles the Second Entituled An Act to prevent Frauds and Concealments of his Majestyes Customs and Subsidies As alsoe an Act made in the fourteenth yeare of the Raigne of the said late King Entituled An Act for preventing Frauds and regulateing Abuses in his Majesty's Customs And alsoe an Act made in the two and twentyeth yeare of the Raigne of the said late King Charles the Second Entituled An Act for Improvement of Tillage and the Breed of Catle And alsoe one other Act made in the twenty fifth yeare of the Raigne of the said late King Charles the Second Entituled An Act for takeing of Aliens Duties upon Commodities of the Growth Product and Manufacture of the Nation And alsoe one other Act made in the said twenty fifth yeare of the said [late (fn. 2) ] King Charles the Second Entituled An Act for the Encouragement of the Greenland and Eastland Trades and for the better secureing the Plantation Trade And alsoe one other Act made in the first yeare of the late King James the Second Entituled An Additionall Act for the Improvement of Tillage be of full force and effect dureing the said terme of foure yeares
III. Proviso for Clauses in the said Acts which were intended to be made perpetual.
Provided neverthelesse and bee it declared and enacted That nothing herein contained shall be construed or taken to determine any Articles or Clauses in any of the before mentioned Acts which were appointed and intended to be perpetuall but that the same and every of them shall continue and remaine in force as if this present Act had not beene made But such of the said Acts and such Clauses in any of them as were temporary shall hereby be revived and stand continue and be in force for the said terme of foure yeares onely and noe longer
IV. Persons may lend £500,000 to the Crown on Credit of the said Duties.
Interest at £8 per Cent. per Ann.
And whereas their Majestyes are contented and pleased That the Subsidie of Tonnage and Poundage and other the Duties aforesaid should be made a [Fond (fn. 3) ] of Credit in confidence that their good Subjects will in due time make provision for takeing off the anticipation thereof 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 Pollitick or Corporate to advance and lend to their Majesties in the Receipt of their Exchequer upon the credit of this Act any summe or summes of money not exceeding the summe of five hundred thousand pounds in the whole and to have and recieve 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
V. Office to be kept in London for Receipt of the said Duties. Receiver General to separate three Parts in Four after Debentures, &c. paid.
Distinct Accounts kept of the said Three Parts; Weekly Payment into the Exchequer.
And to the end that all moneys which shall be soe lent unto their Majestyes may be well and sufficiently secured out of the moneys ariseing and payable by this Act with 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 dureing the continuance of this Act there shall be continued and be within the City of London an Office for the generall Receipt of all the Subsidies and other Sums by this Act granted into which Office all the moneys ariseing by the same either within the Port of London or in the Out-Ports or elsewhere shall be well and truely answered and paid unto the Hands of the Receiver or Receivers Generall for that purpose appointed or to be appointed by their Majestyes their Heires or Successors which said Receiver or Receivers Generall is and are hereby directed and required from time to time at the said Office to separate and keepe apart three parts (the whole in foure equall parts to be divided) of the whole Receipt of the said moneys (as the same shall from time to time become due and be paid into the said Office by the severall Receivers Collectors or any others who are or shall be employed to pay the same) which shall remaine from time to time after the Payments which shall be made thereout by vertue of any Laws now in force upon Debentures for Goods that are or shall be reshipt or for Corne exported or for Discounts upon Bonds where Discounts are allowable by Law and of such allowances for damaged Goods and of Bills of Portage as have usually beene made and the Comptroller Generall of the accounts of the Customs for the time being is hereby alsoe required and commanded to keepe a perfect and distinct account in Books 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 Receiver or Receivers Generall is and are hereby required and strictly enjoyned from time ( (fn. 4) ) to pay weekly to witt on Wednesday in every Weeke unlesse it be a Holy-day and if it be then the next day after that is not a Holy-day the said three parts of all such moneys as aforesaid into the Receipt of their Majestyes Exchequer distinct and apart from the other moneys which he or they shall receive for their Majestyes use
VI. Tally, Order, &c. granted to Lenders.
Orders for Repayment registered and paid in course; Monies raised under this Act liable to Lenders; Reciever neglecting to pay, or misapplying Monies; Punishment; Officer or Deputy taking Fee for Entry, &c; Penalty; Undue Preference by Officer; Punishment; By Deputy; Punishment; Auditor, &c. not directing or making Payment; Penalty; Penalties how recovered.
And bee it further enacted by the authority aforesaid That there shall be provided and kept in their Majestyes 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 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 Majestyes 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 his 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 (fn. 5) ] the Person Native or Forreigner his her or their Executors Administrators and Assignes who shall have his her 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 liable 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 And if the said Receiver or Receivers Generall 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 he or they are before required or enjoyned to doe or shall divert or misapply any part of the same then he or they for any such offence shall forfeit his or their Office of Reciever or Recievers Generall and be uncapable of any Office Imployment or Place of Trust whatsoever and shall be lyable to pay the full value of any Summe or Summes soe diverted or misapplied to any person or persons who will sue for the same by any Action of Debt Bill Plaint or Information in any of their Majesties Courts of Record at Westminster wherein 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 their Majestyes Subjects for providing 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 Majesties 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 himselfe take or demand any such Fee or Reward then to lose his place 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 partie grieved and shall be forejudged from his Place or Office And if such Preference be unduely made by any his Deputy or Clerke without direction or privity of his Master then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall [for ever after be (fn. 6) ] 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 (fn. 5) ] be recovered by Action of Debt Bill Plaint or Information in any of their Majesties 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 the same Date or of subsequent Orders first demanded, no undue Preference.
Provided alwayes and bee it hereby declared That if it happen that severall Tallys 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 Penalty 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 [before other persons that did not come to demand their Money and bring their Order (fn. 5) ] 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. Order 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 (fn. 5) ] this Act after Order entered 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 Receipt aforesaid and an Entry or Memoriall thereof alsoe made in the Booke of 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
X. 1 W. & M. Sess. 1. c. 34.
Heathcote and Shallett may import 200 Tuns of Brandy before 1st Nov. next.
And whereas in an Act made in the first Session of the last Parliament Entituled an Act for prohibiting all Trade and Commerce with France there is contained a certaine Clause or Provisoe whereby it is enacted That Gilbert Heathcote and Arthur Shallet of London Merchants or either of them have leave to import into the Port of London any Quantity of Spanish Brandy not exceeding two hundred Tuns at most paying to their Majesties all Duties payable upon the same before the said Session of Parliament aforesaid importing the same at or before the five and twentyeth day of March one thousand six hundred and ninety And forasmuch as for want of Convoy the said Gilbert Heathcote and Arthur Shallet have not beene able to send out such Goods as they have provided for Spaine nor to bring home their said Brandy from thence and the time limited by the said Act for importing the said Brandy is now neare expireing Bee it therefore enacted by the authoritie aforesaid That the said Gilbert Heathcote and Arthur Shalcote or either of them have leave to import the said two hundred Tunns of Spanish Brandy into the said Port of London at or before the first day of November next under the same Conditions Restrictions and Limitations as in the said Act for that purpose are mentioned and expressed and noe other.