Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Most Gratious Sovereigne
WEE Your Majestyes most obedient and loyall Subjects the Commons now in Parliament assembled being sensible that Your Majestie finds it highly neccessary to make a Warr against the French King for the Defence of Your Majestyes Kingdomes and lessening the Power of the said King And that the Wealth and Treasure of this Nation hath beene much exhausted by the Imporatation and Consumption of the French Commodities herein after mentioned Doe most humbly present unto Your Majestie a Free Gift of severall Summes of Money for the Use and Service of a Warr against the French King to be levyed in such manner as hereafter is expressed and doe beseech Your Majestie to accept thereof and that it may be enacted And bee it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and of the Commons in this present Parliament assembled and by the Authoritie of the same That all and every Person and Persons Bodyes Pollitique and Corporate Guilds or Fraternityes within this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede haveing any personall Estate either in such Debts oweing to them within this Realme or without which he or they doe not account and estate as desperate over and besides such just Debts as he she or they shall bona fide owe or in ready moneys shall yield and pay unto His Majestie for every Hundred pounds in such Debts and ready moneys the Summe of Twenty shillings to be assessed imposed levyed and collected in manner herein after mentioned.
II. Public Officers, &c. (Exception) to pay 23. in the Pound of the Profits of their Offices.
And bee it further enacted by the authoritie aforesaid That all and every Person and Persons Commissioner or Commissioners haveing useing or exerciseing any Office Place or publicke Imployment whatsoever (such persons who are or shall be in Muster and Pay at Land or Sea for or in respect of such their Pay onely excepted) and all and every their Deputyes Agents Clerks Secondaryes Substitutes and other their inferiour Ministers and Servants whatsoever shall pay unto His Majestie the summe of Two shillings out of every Twenty shillings which he or they doe receive in one yeare by vertue of any Salaries Fees Proffitts Perquisites or other Advantages to him or them accrewing or by reason or occasion of their severall and respective Commissions Offices Agencies and Imployments the said summe of Two shillings out of every Twenty shillings to be assessed imposed levyed and collected in such manner as herein after is mentioned.
III. Penfions, &c. from Government to pay 3s. in the Pound.
And bee it further enacted by the Authoritie aforesaid That all and every other person and persons haveing or claiming to have any Pension or yearely Stipend or Annuity issueing or payable out of any part of his Majestyes Revenue exceeding Twenty pounds per Ann? shall pay unto his Majestie the summe of Three shillings out of every Twenty shillings by the yeare soe given or granted as aforesaid to be assessed imposed levyed and collected in such manner as is here in after mentioned.
IV. Judges, Serjeants at Law, Counsellors, Advocates, &c. and Persons practising Physic, to pay 2s. for every 20s.
Servant's to pay is. for every 20s.; except for Board Wages.; Every Person to pay is above the other Rates, (Except Persons receiving Alms, and certain Persons under 16 Years.)
And bee it further enacted by the Authoritie aforesaid That all Judges and other persons haveing any judiciall Office or other Office or Place of proffitt, And all Serjeants at Law Councellors Attourneys Sollicitors and Scriveners And all Advocates Proctors and Publick Notaries And all and every person and persons practising the Art of Phisicke shall pay unto His Majestie the summe of Two shillings out of every Twenty shillings which he or they doe receive by his or their respective Salaries Offices Practices or Professions in one yeare, And all and every Servant which at the time of the execution of this Act shall receive Wages for his her or their Service shall pay unto His Majestie the summe of Twelve pence for every Twenty shillings by the yeare which shall be due or payable to him her or them for his her or their Wages except for Board Wages. And all and every person and persons of what Age Sex or Condition soever shall pay unto His Majestie the summe of One shilling over and above the rates charged upon them by this Act except such Persons as shall receive Almes of the Parish where they dwell and their Children being under the age of Sixteene yeares at the time of the execution of this Act, And except all Children being under the age of Sixteene yeares of all day Labourers and of all Servants in Husbandry and of all other persons who by reason of their poverty are exempted from contributing to the charge of Church and Poore, And alsoe except all Children being under the age of Sixteene yeares of such who hath fower or more Children and is not worth in Lands Goods and Chattells the summe of Fifty pounds.
V. Rates of Payment by Peers, &c.
Duke resident in the Kingdom £50; Marquis £40; Earl £30 ; Viscount £20 ;Baron £20; eldest Son of a Duke, £30; younger Son of a Duke £25; eldest Son of a Marquis, £25; younger Son of a Marquis, £20; eldest Son of an Earl, £20; younger Son of an Earl, £15; eldest Son of a Viscount, £17. 10s.; younger Son of a Viscount, £13. 6s. 8d.; eldest Son of a Baron, £15; younger Son of a Baron, £12; Baronet £15; Knight of the Bath £15; Knight Bachelor £10; King's Sergeant at; Law £20; other Sergeants £15; Esquire £5; Gentleman 20s,; Widow to pay the Third Part of Rate on her late Husband's Degrees.
And bee it further enacted and ordained That all and every person and persons who at the time of the Execution of this Act shall be of the severall Rankes and Degrees hereafter mentioned shall, to the purpose aforesaid contribute and pay the severall summes of money hereafter in this Act sett downe and appointed that is to say, Every person of the Degree of a Duke of England Scotland or Ireland inhabiting and resideing within this Kingdome shall pay the summe of Fifty pounds, Every person of the Degree of a Marquesse of any of the said three Kingdomes inhabiting and residing within this Kingdome shall pay the summe of Forty pounds, Every person of the Degree of an Earle of any of the said three Kingdomes and inhabiting and resideing within this Kingdome the summe of Thirty pounds Every person of the Degree of a Viscount of any of the said three Kingdomes and inhabiting and resideing within this Kingdome the summe of Five and twenty pounds, Every person of the Degree of a Baron of any of the said three Kingdomes and inhabiting and resideing within this Kingdome the sum of Twenty pounds, Every eldest Sonne of a Duke of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the Age of Sixteene yeares the summe of Thirty pounds, Every younger Sonne of a Duke of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the age of Sixteene yeares the summe of Twenty [five (fn. 2) ] pounds, Every eldest Sonne of a Marquesse of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the age of Sixteene yeares the summe of Twenty five pounds Every younger Sonne of a Marquesse of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the age of Sixteene yeares the summe of Twenty pounds, Every eldest Sonne of an Earle of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the age of Sixteene yeares the summe of Twenty pounds, Every younger Sonne of an Earle of any of the said Three Kingdomes and inhabiting or resideing within this Kingdome being of the age of Sixteene yeares the summe of Fifteene pounds, Every eldest sonne of a Viscount of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the Age of Sixteene yeares the summe of Seaventeene pounds ten shillings Every younger sonne of a Viscount of any of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the age of Sixteene yeares the summe of Thirteene pounds six shillings and eight pence, Every eldest sonne of a Baron of any of the said three Kingdomes inhabiting and resideing within this Kingdome and being of the age of Sixteene yeares the summe of Fifteene pounds, Every younger Sonne of a Baron of any, of the said three Kingdomes and inhabiting and resideing within this Kingdome being of the age of Sixteene yeares the summe of Twelve pounds, Every person of the Degree of a Baronet of any of the said three Kingdomes or of Nova Scotia and inhabiting and resideing within this Kingdome the summe of Fifteene pounds, Every person that is a Knight of the Order of the Bath inhabiting and resideing within this Kingdome the Summe of Fifteene pounds, Every person who is a Knight Batchelor inhabiting and resideing within this Kingdome the Summe of Ten pounds, Every Serjeant at Law being the Kings Serjeant the summe of Twenty pounds and every other Serjeant at Law the summe of Fifteene pounds, Every person of the Degree of an Esquire or soe reputed or owning or writeing himselfe such inhabiting or resideing in his Kingdome and being of the age of Sixteene yeares the summe of Five pounds, Every Gentleman or reputed Gentleman or owneing or writeing himselfe such above the age of Sixteene yeares inhabiting or resideing in this Kingdome the summe of Twenty shillings, Every Widow respectively according to her Husbands Degree shall pay the third part rated by this Act upon that Degree of which the Husband of such Wife was in his life time.
VI. Gentleman having an Estate of £300 or more, to pay 20s. though an Infant.
And bee it further enacted That every Gentleman haveing an Estate of the value of Three hundred pounds or more shall be charged with the summe of Twenty shillings though he be a Minor under the age of One and twenty yeares. And noe Gentleman not haveing such an Estate and shall thereof make Oath before any two or more of the respective Commissioners shall be charged with the said summe of Twenty shillings in respect of his Title.
VII. Archbishop £50; Bishop £20; Dean £10; Archdeacon £2. 10s. Canon and Prebendary, except Sole Prebendary, and not rated at above £30, £2. 10s; Doctor of Divinity, Law, and Physic, £5;
Persons holding Two Benefices, &c. £5.
And bee it further enacted and ordained That all and every the person and persons within the Kingdome of England Dominion, of Wales and Towne of Berwicke upon Tweede who at the time of the execution of this Act shall be of the severall Orders Rankes or Degrees hereafter mentioned shall to the purpose aforesaid pay the severall summes of money hereafter in this Act sett downe and appointed (that is to say) Every person of the Order and Degree of an Archbishop shall pay the summe of Fifty pounds Every person of the Order and Degree of a Bishop the summe of Twenty pounds, Every person of the Degree of a Deane. of any Cathedrall or Collegiate Church shall pay the summe of Ten pounds, Every person of the Degree of an Archdeacon shall pay the summe of Fifty shillings, Every person of the Degree of a Canon or Prebendary of any Cathedrall or Collegiate Church excepting such sole Prebendary who is a sole Corporation and his Prebend not rated in the Exchequer at above Thirty pounds shall pay the summe of Fifty Shillings, Every person of the Degree of a Doctor of Divinity, Law or Phisick shall pay the summe of Five pounds, Every person holding two or more Benefices haveing Cure of Soules which shall amount together to the cleare yearely value of One hundred and twenty pounds shall pay the summe of Five pounds.
VIII. Proviso for D.D. not haveing Benefice, and for Widows of Ecclesiastical Persons.
Provided alwayes That noe Doctor of Divinity not haveing any Benefice or Ecclesiasticall Preferment shall be charged for his Title or Dignitie of Doctor by vertue of this Act, nor the Widdow of any Ecclesiasticall person shall be charged for the third part according to the Title or Dignity of her late Husband.
IX. Merchants of London not free £10; Merchants and Traders holding a House of £30; per Annum in London 10s; Members of East India Company 20s. in the Hundred for Shares; Members of the Guinea Company the like.
And bee it further enacted and ordained That the severall persons hereafter mentioned resideing and inhabiting within this Kingdome shall pay the severall summes of money hereafter in this Act respectively sett downe and charged on them (that is to say) Every Merchant tradeing in the Port of London and resideing within the said Citty or Ten miles thereof and not being free of the said Citty shall pay the summe of Ten pounds And every Merchant or, other person whatsoever useing any Trade or manuall Occupation and holding a House of Thirty pounds per Annu[m] within the Citty of London and Weekly Bills of Mortality shall pay the summe of Ten shillings Every Member of the East India Company shall pay for his Share or Shares which he hath in the joynt Stocke of the said Company Twenty shillings for every Hundred pounds according to the first Capital of the said Stocke, Every Member of the Guynea Company shall pay for his Share or Shares which he hath in the joynt Stocke of that Company Twenty shillings for every Hundred pounds according to the first Capitall of the said Stocke to be paid by the Governours and Treasurers of the said East India and Guynea Companies and to be deducted at their next Dividend.
X. Alien Merchants £10.
And bee it further enacted and ordained by the Authority aforesaid That every Merchant Stranger resideing within this Kingdome shall pay the summe of Ten pounds.
XI. Commissioners under 29 Car.II. c. I. to put this Act in Execution.
And bee it further enacted by the authoritie aforesaid That for the better assessing, ordering, and levying of the severall summes of money soe as aforesaid limitted and appointed to be paid for the more effectuall putting of this present Act in Execution that all and every the persons named and appointed by one Act of this present Session of Parliament entituled An Act for raising the summe of Five hundred eighty fower thousand nine hundred seaventy eight pounds two shillings and two pence halfe penny for the speedy building Thirty Shipps of Warr to be Commissioners for putting the said Act in execution shall alsoe be Commissioners for putting in execution this present Act and the Powers therein contained within all and every the severall Countyes Cittyes Burroughes Townes and Places for which by the said former Act they are appointed Commissioners.
XII. Commissioners for the County of Lincoln to act for the City. ; General Meeting of Commissioners 12th April 1678;
to direct Precepts to Inhabitants, Constables, &c. to attend; and thereupon the Commissioners to read, &c. the Rates openly; and prefix other Days for bringing in Certificates of Names, &c. of Persons residing within certain Limits,; together with the Assessment; Penalty.; and also return the Names of Persons to be Collectors.; Parish answerable for their Payment to Receiver General.; Certificates and Assessments returned to Commissioners 10th May 1678; and thereupon Commissioners to; issue Warrants, &c. for collecting the Assessment; and Collectors to demand Payment accordingly, within Six Days after Receipt of Warrant, and to levy and pay same 12th June 1678; and if not then paid, Distress upon Collector.
And bee it enacted That the Commissioners for the County of Lincolne named and appointed in the said last mentioned Act shall be Commissioners alsoe for the Citty and County of the Citty of Lincolne to execute therein all the Powers and Directions of this present Act as likewise of the said last mentioned Act. Which said Commissioners in order to the speedy Execution of this Act shall in their respective Countyes Cittyes Burroughes Townes and Places meete together at the most usuall or common Place of Meeting within each of the said Countyes Cittyes Burroughes Townes and Places respectively at or before the Twelfth day of Aprill which shall be in the yeare of our Lord One thousand six hundred seaventy eight And the said Commissioners or soe many of them as shall be present at the first Generall Meeting or the major part of them may by their Consents and Agreements divide as well themselves as other the Commissioners not then present for the Execution of this Act in Hundreds Lathes Wapentakes Rapes Wards Townes and other Places within their Limitts priviledged or not priviledged in such manner and forms as to them shall seeme expedient and shall direct their several or joynt Precept or Precepts to such Inhabitants High Constables Petty Constables Bayliffes and other like Officers and Ministers and such Number of them as they in their discretions shall thinke most convenient to be Presenters and Assessors requireing them to appeare before the said Commissioners at such time and place as they shall appoint not exceeding Eight dayes. And at such their Appearances the said Commissioners or soe many of them as shall be thereunto appointed shall openly reade or cause to be read unto them the Rates in this Act mentioned and openly declare the effect of their Charge unto them and how and in what manner they ought and should make their Certificates according to the Rates aforesaid and shall then and there prefix another day to the said persons to appeare before the said Commissioners and bring in their Certificates of the Names and Sirnames Qualities Degrees and Titles of all and every the persons dwelling or resideing within the limitts of those places with which they shall be charged and of the Substances and Values of every of them in Moneys, Debts, Annuall Fees, Salaries, Perquisites Wages Proffitts, Emoluments and other Things chargeable by this Act, together with the Assesment of the respective Rates thereby imposed on each particular person according to the Rules and Directions thereof without Concealment, Love, Favour, Dread or Malice upon paine of forfeiture of any summe not exceeding Five pounds to be levyed as by this Act is appointed and shall then alsoe returne the Names of two or more able, and sufficient persons within the limitts and bounds of those parishes or Places where they shall be chargeable respectively as aforesaid to be Collectors of the Moneyes due to his Majestie by this Act, for whose paying unto the Receiver Generall to be appointed by his Majestie, his Deputie or Deputyes in manner following, such Moneyes as they shall be charged withall, the Parish or Place by who me they are soe imployed shall be answerable; which Certificates and Assesments shall be ascertained and returned in to the Commissioners at or before the Tenth day of May which shall be in the yeare of our Lord One thousand six hundred seaventy eight and upon the delivery and returneing in of such Certificates or Assesments unto the said Commissioners they or any two or more of them shall forthwith issue out and deliver their Warrants or Estreates to such Collectors as aforesaid for the speedy collecting and leavying of the said Assesments and all moneyes and Rates due thereupon according to the intent and subsequent directions of this present Act, of all which the said Collectors are hereby required to make demand of the partyes themselves or at the places of their last abode within six dayes after the receipt of such Warrants or Estreats and to levy and pay in the same on or before the Twelfth day of June One thousand six hundred seaventy eight at such place as the Commissioners shall appoint unto the respective Receiver Generall his Deputy or Deputyes who are hereby impowered and required to call upon and hasten the Collectors to the said payment, and after the said Twelfth day of June to levy by Warrant under the Hands and Seales of any two or more of the Commissioners upon the Collector by distresse such summe and summes of money as he hath received and as ought by him to have beene paid and is not paid by reason of his failer in doeing his duty according to the direction of this Act.
XIII. Duplicate of Sum charged within every Hundred, &c. to be returned into the Exchequer under the Hands and Seals of Commissioners before 12th July 1678.
Appeals to be first determined, and like Duplicates delivered to Receivers General, and Money paid before 10th Aug. 1678.; Commissioners may examine Presenters of Certificate, and if they have Cause to suspect that Property is of greater Value than represented, then to proceed against the Parties.
And bee it encted That a true Duplicate of the whole summe charged within every Hundred, Lath, Wapentake, Parish Ward or Place rated and assessed in pursuance of this Act without nameing the persons shall under the Hands and Seales of two or more of the Commissioners thereunto appointed be returned into his Majestyes Exchequer before the [Twelfth (fn. 3) ] day of July which shall be in the yeare of our Lord One thousand six hundred seventy eight (all Appeales being first determined) and that like Duplicates be alsoe in convenient time made out and delivered unto the Receivers Generall, soe as every of them may be duely charged to answere their resctive Collctions and Receipts and that the money thereupon due be paid into his Majestyes Exchequer before the Tenth day of August which shall be in the yeare of our Lord One thousand six hundred seaventy eight and upon returne of any such Certificate the said Commissioners or any three or more of them shall and may if they see cause examine the Presenters thereof. And if the said Co[m]mmissioners or any three or more of them within the severall Limits shall at the time of the delivery of the Certificates or six dayes after have certaine knowledge or vehemently suspect that any person or persons who ought to be mentioned in the said Certificates is or are omitted or that any person or persons in the said Certificate mentioned is or are of a greater value or Estate then in the said Certificate is mentioned, the said Commissioners or any Three or more of them shall have power to warne such person or persons to appeare before them at a Day and Place prefixed to be examined touching their Substance and Value or touching other matters which may any wayes concerne the Premisses and if the person or persons warned to be soe examined shall neglect to appeare not haveing a reasonable excuse for such his Default, every person soe makeing Default shall pay unto his Majestie double the summe of the Rate he should or ought to have been sett at.
XIV. Commissioners may inquire, but not on Oath, into the Value of Property assessed, &c.
And moreover the said Commissioners or any three or more of them shall have power by all lawfull wayes and meanes without Oath to examine and enquire into the Value and Substance of such persons as are soe chargeable by this Act and to sett such Rate or Rates upon every such person or persons as shall be according to the true intent and meaning of this Act.
XV. Receiver General 2d, in the Pound. Collector 3d.
And the said Receiver Generall shall have an allowance of Two pence in the Pound for all Moneys which shall be by him paid into the Receipt of the Exchequer. And that every Collector shall have Three pence in the Pound for what Money he shall pay to the Receiver Generall his Deputy or Deputyes.
XVI. Commissioners Clerks 2d. per Pound.
And for the carefull writeing and transcribeing the said Warrants Estreates and Duplicates in due time Bee it further enacted That the Commissioners Clerkes who shall respectively performe. the same shall by Warrant under two or more of the Commissioners Hands have and recieve from the respective Recievers Generall their Deputy or Deputyes Two pence in the Pound of all such Moneys as he shall have recieved by vertue of such Warrants and Estreats who is hereby appointed and allowed to pay the same accordingly.
XVII. Persons assessed refusing to pay on Demand, Officer may distrain; Proceedings thereon.
And if any person or persons shall refuse to pay the severall summe and summes and proportions appointed by this Act for such person to pay upon demand made by the Officer or Collector of the Place according to the Precept or Estreats to him delivered by the said Commissioners it shall and may be lawfull to and for such Officer or Collector who are hereby thereunto authorized and required for non payment thereof to distraine the person or persons soe refuseing by his or their Goods or Chattells and the Distresse soe taken to keepe by the space of fower dayes at the Costs and Charges of the Owner thereof, and if the said Owner doe not pay the summe of money due by this Act within the said fower dayes then the said Distresse to be appraised by three or two of the Inhabitants where the said Distresse is taken and there to be sold by the said Officer for payment of the said money and the overplus comeing by the said Sale (if any be) over and above the charges of takeing and keeping the said Distresse to be immediately restored to the owner thereof.
XVIII. Persons assessed not paying in 20 Days, and where no sufficient Distress, Party imprisoned in the Common Gaol without Bail.
And if any person or persons assessed by this Act shall refuse or neglect to pay the summe or summes soe assessed by the space of Twenty dayes after demand as aforesaid where noe sufficient Distresse can or may be found whereby the same may be levyed, in every such case three or more of the Commissioners by this Act appointed for any such Citty County or Place are hereby authorized by Warrant under their Hands and Seales to committ such person or persons to the Common Goale, there to be kept without Baile or Mainprize untill payment shall, be made.
XIX. Persons aggrieved by Rate, &c. may complain to Commissioners.
Commissioners to meet to hear Complaints.
And if any person certified assessed or rated finde him or her selfe agrieved with such assessing or rateing and doe within Ten dayes after demand thereof made, complaine to the Commissioners the said Co[m]mmissioners or any two or more of them whereof one of the Commissioners who signed (or allowed (fn. 4) ) his or her Rate to be one shall and may within, fourteene dayes next after such Complaint perticularly examine the person soe complaining upon his or her Oath of his or her Personall Estate aforesaid and upon due examination or knowledge thereof abate defalke increase or inlarge the said Assesment, and the same soe abated increased or inlarged shall be estreated by them into the Exchequer in manner aforesaid, and to that end the said Commissioners are hereby required to meete together for the determining of such Complaints and Appeales accordingly.
XX. Officers rated where their Office executed;
other Persons, not being Householders, &c. and Servants, where they live.
And bee it further enacted That every person rated for his Office shall be rated and pay for [the (fn. 5) ] said Office in the Place where the said Office is executed and every person to be otherwise rated shall be rated and the summe or summes on him or her sett and levyed at such places where he or she and with his or her Family shall be resident at the time of the execution of this Act, and that all persons not being Householders nor haveing a certaine place of Abode and all Servants shall be taxed at the place where they are resident at the time of the execution of this Act.
XXI. If Persons having several Mansions be doubly charged,
how such Persons discharged.; Persons out of the Realm rated at last Place of Abode.; Persons escaping from Taxation charged at double Value.
Provided alwayes That if any person haveing severall Mansion Houses or Places of Residence shall be doubly charged by vertue of this Act, that upon Certificate made by two or more of the Commissioners for the County Citty or Place (which Certificate the said Commissioners are required to give without Delay, Fee or Reward) of his or their last personall Residence under their Hands and Seales of the summe or summes there charged upon him or them, or in what capacity or respect he or they were soe charged and upon Oath made of such Certificate before the Commissioners to whome such Certificate shall be tendred, which Oath the said Commissioners are hereby authorized to administer then the person and persons soe doubly charged shall (for soe much as shall be soe certified) be discharged in every other County, Citty or Place. And if any person at the time of the assessing shall be out of the Realme such person shall be rated where such person was last abideing within the Realme, And if any person that ought to be taxed by vertue of this Act by changeing his place of residence or by Fraude or Covin shall escape from the Taxation and not be taxed and the same proved before the Commissioners or two of them or two Justices of the Peace of the County where such person dwelleth or resideth at any time within Six moneths next ensueing after such Taxe made every [such (fn. 6) ] person that shall soe escape from the said Taxation and Payment shall be charged upon proofe thereof at the double Value of soe much as he should or ought to have beene taxed by the Act, the said double Value upon Certificate thereof made into the Exchequer by the Commissioners or Justices before whome such proofe shall be made to be leavyed of the Goods Lands and Tenements of such persons towards the Supply aforesaid.
XXII. Commissioners may assess other Commissioners and Assessors.
And bee it further enacted That the Commissioners which shall be within any County or Place within their respective Limitts or the major Part of them shall taxe and assesse every other Commissioner joyned with them, and the Commissioners within their Division shall assesse every Assessor within their Division and as well all summes upon every the said Co[m]missioners and Assessors as the Assesments made and presented by the Presenters as aforesaid shall be written estreated levyed and gathered as it should and ought to have beene as if the said Co[m]mmissioners had not beene named Commissioners.
XXIII. Peers to be rated by Persons herein named.
Not subject to Imprisonment.
[Provided neverthelesse That all and every the Peeres who are to be rated by vertue of this Act for their Offices or Personall [Estate (fn. 7) ] shall be rated by Arthur Earle of Anglesey Lord Keeper ;of the Privy Seale Christopher Duke of Albemarle Charles Marquesse of Winchester Henry Earle of Arlington Lord Chamberlaine of His Majestyes Household Anthony Earle of Kent William Earle of Derby Theophilus Earle of Huntingdon William Earle of Bedford Charles Earle of Dorsett and Midlesex John Earle of Bridgewater James Earle of Northampton Oliver Earle of Bolingbrooke Charles Earle of Berkshire Thomas Earle Rivers Heneage Earle of Winchelsea Henry Earle of Clarendon Arthur Earle of Essex John Earle of Bath Charles Earle of Carlisle William Earle of Craven Robert Earle of Aylisbury Anthony Earle of Shaftsbury Thomas Viscount Fauconberg George Viscount Hallifax Francis Viscount Newport Richard Lord Archbishop of Yorke Henry Lord Bishop of London Nathaniell Lord Bishop of Durham George Lord Bishop of Winchester Seth Lord Bishop of Salisbury Edward Lord Bishop of Carlisle John Lord Bishop of Rochester Peter Lord Bishop of Bath and Wells John Lord Bishop of Chester George Lord Berkley Robert Lord Ferrars Phillip Lord Wharton Forde Lord Grey of Werke William Lord Mainard John Lord Bellases Charles Lord Gerrard of Brandon Charles Lord Cornwallis George Lord Delamer and John Lord Fretchevile or any Five of them and not otherwise and shall not be subjected to the Imprisonment of his or their persons Any thing in this Act contained to the contrary in any wise notwithstanding. (fn. 8) ]
XXIV. Taxes of Peers to be received by a Collector nominated by them.
Provided alsoe and it is hereby declared That the severall Rates and Taxes to which the Lords and Peeres of this Realme shall be lyeable by vertue of this Act shall be received by a Collector to be nominated by the Peeres which said Collector shall cause the same to be paid into his Majestyes Receipt of Exchequer at Westminster upon, or before the aforesaid Tenth Day of August One thousand: six hundred seaventy and eight.
XXV. Proviso for Scotland, Ireland, Jersey, and Guernsey.
Provided That this Act shall not extend to the Inhabitants of Scotland Ireland Jersey. or Guernsey for or concerning any such personall Estate as aforesaid which they or any other to their use have within the Places aforesaid.
XXVI. Assessors and others appointed by Commissioners neglecting Duty; Penalty not exceeding £20. for any one Offence; to be certified into Exchequer, &c.
And bee it further enacted That if any Assessor Collector Receiver or other person appointed by the Commissioners shall wilfully neglect or refuse to performe his duty in the due and speedy execution of this present Act the said respective Commissioners or any three or more of them may and shall by vertue of this Act impose on such person or persons soe refuseing or neglecting their dutyes any Fine not exceeding the Summe of Twenty pounds for any one offence, the same to be levyed and certifyed as aforesaid into His Majestyes Court of Exchequer and charged upon the respective Recievers Generall amongst the rest of the Rates aforesaid.
XXVII. Commissioners to require Accounts from Receiver General, and in case of Failure Money to be levied.
And the said Co[m]mmissioners or any two or more of them may or shall from time to time call for and require an Account from the respective Receivers Generall of all the Moneyes received by them of the said Collectors and of the payment thereof into His Majestyes Receipt of Exchequer according to the direction of this Act and in case of any failer in the Premisses the said Commissioners or any two or more of them are hereby required to cause the same to be forthwith leavyed and paid according to the true intent and meaning of this Act.
XXVIII. If any Controversy concerning Rates, Proceedings.
Questions to be determined by Two or more Commissioners.
And in case of any Controversie ariseing betweene the said Commissioners concerning the said Rates or Assessments the Commissioners that shall be concerned therein shall have noe voice but shall withdraw during the debate of such Controversie until it be determined by the rest of the Commissioners and all questions and differences that shall arise touching any of the said Rates Taxes Assessments or Leavyes shall be heard and finally determined by two or more of the Commissioners upon complaint thereof to them made by any person or persons thereby grieved without further trouble or Suite in Law.
XXIX. Receivers General to give Acquittances to Collectors gratis.
And the said Receiver Generall his Deputy or Deputyes shall give Acquittances gratis to the said Collectors for all Moneyes of them recieved in pursuance of this Act, which Acquittances shall be a full Discharge to the said Collectors respectively.
XXX. Collectors to deliver to Receivers General a Schedule of Names, &c. of the Persons rated making Default; to be returned in to the Exchequer.
And the said Collectors shall make and deliver to the said Recievers Generall their Deputy or Deputyes a perfect Schedule fairely written in Parchment under their Hands and Seales signed and allowed by any Two or more of the respective Co[m]mmissioners containing the Names Sirnames and Places of Abode of every person .as well Peere as Commoner within their respective Collection that shall make defaults of payment of any of the Su[m]mes that shall be rated or assessed on such person by vertue of this Act and the Summe and Summes charged on every such person the same to be by him returned into His Majestyes Exchequer whereupon every person soe makeing default of payment may be charged by Processe of the Court according to the course thereof in that behalfe.
XXXI. Proviso against Double Charge in respect of Titles.
Provided always and bee it enacted That noe person shall by vertue of this Act be doubly charged for or in respect of severall [Honours (fn. 9) ] Honours or Degrees but that every such person shall be charged and assessed for such Title Honour or Degree onely as is highest rated by this Act.
XXXII. Letters Patent from the Crown, Privileges, &c. or Non obstantes, not to exempt from Payment of Assessment.
And bee it further enacted by the Authoritie aforesaid That noe Letters Patents granted by the Kings Majestie or any of His Royall Progenitors or to be granted by His Majestie to any person or persons Cittyes Burroughs or Townes Corporate within this Realme of any manner of Liberties Priviledges or Exemptions from Subsidies Tolls Taxes Assesments or Aids shall be construed or taken to exempt any person or persons Citty Burrough or Towne Corporate or any the Inhabitants of the same from the Burthen and Charge of any. Su[m]me or Summes of Money granted by this Act, And all Non obstantes in such Letters Patents made or to be made in barr of any Act or Acts of Parlyament for the Supply., or Assistance of His Majestie are hereby declared to be void and of none effect Any such Letters Patents Grants or Charter or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding.
XXXIII. Constables, &c. to aid in executing Warrants, &c. of Commissioners.
Provided alwayes and bee it enacted That all Constables Headburroughs Tythingmen and other His Majestyes Officers shall and are hereby required and enjoyned to be respectively aideing and assisting in the execution of this Act and to obey and execute such Precepts or Warrants as shall be to them directed in that behalfe by the respective Co[m]mmissioners hereby appointed or any two or more of them.
XXXIV. Persons lending Money on Credit of Act, not exceeding £300,000, to have Tallies of Loan, and Orders for Repayment.
And bee it further enacted and ordained by the authoritie aforesaid That all and every person and persons who shall lend any Moneyes not exceeding Three hundred thousand pounds in the whole to your Majestie 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 Repayment beareing the same Date with his Tally, in which Order shall be alsoe contained a Warrant for payment of Interest for Forbearance after the Rate of Seaven Pounds per Cent? per Ann? for his Consideration to be paid every Three months untill the repayment of his Principall.
XXXV. Persons furnishing Navy or Ordanance with Goods, on Certificate thereof to have Warrants for Payment.
And that all person and persons who shall furnish Your Majestie Your Officers of the Navy or Ordnance with any Wares Goods Shipps Victualls or any other Necessaries for the Service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Co[m]mmissioners and Officers of the Ordnance or some of them without delay forthwith have' made out to them Warrants or Orders for the payment of the moneyes due or payable unto them which Certificates the said Officers of Your Navy Commis?sers and Officers of the Ordnance shall make without Fee Charge or Delay.
XXXVI. Orders for Repayment of Money lent, and Orders signed by Treasury; to be registered in course.
And that all Orders for repayment of money lent shall be registred in course according to the date of the [Talley (fn. 10) ] respectively. And that all Orders signed by the Lord Treasurer and Under Treasurer of the Exchequer for payment of Moneyes for Goods Wares Victualls and other Necessaries furnished to Your Majestie Your Officers Master or Commissioners as aforesaid shall be registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned.
XXXVII. Orders signed by Treasury to be entered in course.
And that all Orders soe signed for payments directed by His Majestie shall be entred in course according to their respective dates and none of the sorts of Orders above-mentioned either for Loanes of Money Supplyes of Wares, Goods, Victualls or other Necessaries or by specially Direction shall have preference one before another but shall all be entred in their course according to the dates of the Talleys the times of bringing their Certificates and the dates of the Orders for payments directed by his Majestie as they are in point of time respectively before each other.
XXXVIII. Persons to be paid in course, as their Orders stand entered.
And that all and every person and- persons shall be paid in course according as their Orders shall stand entred in the said Register Booke, be it Orders for payments directed by His Majestie or of Moneyes lent or for Wares Commodities Shipps Vic?tualls or other Necessaries furnished as aforesaid soe as that the Person Native or Forreigner his Executors Administrators and Assignes who shall have his Warrant or Order Warrants or Orders first entred in the said Booke of Register shall be taken and accounted as the first person to be paid upon the moneyes to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted to be the second person to be paid and soe successively and in course.
XXXIX. Monies raised by Assessments to be liable in the like Order.
And that the moneys to come in by this Act shall be in the same order lyeable to the satisfaction of the said respective partyes their Executors Administrators or Assignes successively without preference of one before another and not otherwise and not be divertible to any other Use Intent or Purpose whatsoever.
XL. No Fees to be taken for providing or making Registers, Entries, &c.
Penalty, Treble Damages and Costs of Suit, and Officer demanding, &c. Fee to lose his Place.
And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any Your Majestyes Subjects for provideing or makeing of any such Books Registers Entryes View Search or Certificate in or for payment of money lent or the Interest thereof or for payment of any Money upon any Order upon any Contract for Wares and Goods furnished to the use of Your Majestyes Navy and Ordnance as aforesaid by any of Your Majestyes Officer or Officers their Clerks or Deputyes on paine of payment of treble Damages to the party grieved by the party offending with Costs of Suite, or if the Officer himselfe take or demand any such Fee or Reward then to loose his Place alsoe.
XLI. Undue Preference by Officer.
Action by Party grieved, and Loss of Place.
And if any the undue preference of one before another shall be made either in point of Registry contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be lyeable 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 his Place or Office.
XLII. The like as to Deputy.
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 (fn. 11) ] shall be lyeable to such Action Debt Damages and Costs and shall be for ever after uncapeable of his Place or Office.
XLIII. Auditor, Clerk of the Pells, or Teller offending, liable to Forfeiture, and Deputies to Action,
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 forfeite and their respective Deputyes and Clerks herein offending to be lyeable to such Action Debt Damages and Costs in such manner as aforesaid.
XLIV. Penalties, &c. how to be recovered.
All which said Penaltyes Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer Navy or Ordnance or any their Deputyes or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of His 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
XLV. What not to be interpreted undue Preference where Tallies brought the same Day.
Provided alwayes and bee it hereby declared That if it happen that severall Tallyes of Loane or Certificates for Wares delivered or Orders for payments directed by Your Majestie 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.
XLVI. The like Enactment when Auditor, Clerk of the Pells, and Teller pay subsequent Orders when first demanded.
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 Orders before other persons that did not come to demand their Money and bring their Order in their course soe as there be soe much Money reserved as will satisfie their 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.
XLVII. Persons having Money due to them may assign their Interest in Warrants, &c.
Memorial thereof without Fee.; Assignee may assign, and Assignor not to release, &c.
And bee it further enacted by the Authoritie aforesaid That every person or persons to whome any money shall be due by vertue of this Act after Warrant or Order entred in the Booke of Register aforesaid for Payment thereof his Executors Administrators or Assignes by Indorsment of his Order or Warrant may assigne and transferr his Right Title Interest and Benefit of such Warrant or Order or any part thereof to any other which being notifyed in the Office of the Auditor. of the Receipt aforesaid and an Entry and Memoriall thereof alsoe made in the Booke of Registry aforesaid for Warrants (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 made such Assignements to make void release or discharge the same or any the Moneys thereby due or any part thereof.
XLVIII. In Actions, &c. for executing Act,
General Issue.; Treble Costs.
And bee it further enacted by the Authority aforesaid That if any Action Plaint Suite or Information shall be commenced or prosecuted against any person or persons for what he or they shall doe in pursuance or in execution of this Act such person or persons soe sued in any Court whatsoever shall or may pleade the Generall Issue Not guilty, and upon any Issue joyned may give this Act and the Speciall matter in Evidence and if the Plaintiffe or Prosecutor shall become Nonsuite or forbeare further prosecution or suffer Discontinuance or if a Verdict passe against him the Defendant and Defendants shall recover their treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to Defendants
XLIX. Parents, &c. of Infants making Default, to pay.
And bee it further enacted and ordained That the respective Parents Guardians and Tutors of every person under the age of one and twenty yeares shall upon default of payment by such person and upon demand pay what is due and payable by this Act for every such person resideing in their Family or under their Tution and not exempted as before herein is mentioned.
L. Lodgers, &c. to be taxed at Place of Residence.
And bee it enacted That all persons not being Householders nor haveing a certaine place of abode and all Servants shall be taxed at the place where they shall be resident at the time of the Execution of this Act and not otherwise.
LI. The times and manner in which Collectors to pay Monies Collected by this Act.
And bee it further enacted by the Authoritie aforesaid That all Moneyes due and payable by this Act shall be paid by the particular Collectors of the respective Countyes Cityes Burroughs Townes Parishes and Places who shall collect the same unto such Receiver Generall as shall by His Majestie be appointed to receive the same or to the Deputy or Deputyes of such Receiver Generall to be appointed under his Hand and Seale whereof notice shall be given by the Receiver Generall unto the Commissioners or any two of them within their respective Divisions within Ten dayes after the first Generall Meeting and soe from time to time within Ten dayes after every death or removeall of any Deputy if any such shall happen, and the Receipt of such Receiver Generall his Deputy or Deputyes or any one of them shall be a sufficient Discharge unto every such Collector.
LII. Not obliged to travel above 10 Miles to make Payments.
And bee it further enacted That the perticular Collectors for payment of any summes by them received unto such Receiver Generall or his Deputy shall not be obliged to travel I above Ten miles from the place of their Habitations.
LIII. Receiver under any former Act not having accounted not to be Receiver under this Act.
Provided alwayes and bee it enacted by the Authoritie aforesaid That if any person haveing been a Receiver of any money due upon any Act or Acts passed before the begining of this present Session of Parlyament and not haveing accompted for all the moneys by him received and to be accompted for upon such Act or Acts shall be appointed Receiver for any the moneys due upon this Act and shall intermedle therein every such person shall forfeite the summe of Five hundred pounds to be recovered by any person or persons that will sue for the same. in any of His Majestyes Courts of Record by Action of Debt Bill Plaint or other Information wherein noe Essoigne Protection Wager of Law Ayde Prier Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance.
LIV. Receiver General, within One Month, to give Commissioners a Receipt for Monies received by him;
such Receipt to be a Discharge of the Hundred, &c.
And bee it further enacted by the Authoritie aforesaid That every Receiver Generall from time to time within the space of one Moneth next after he shall have received the full summe that shall be charged upon any Hundred or Division for each particular Payment that is to be made to such Receiver General by vertue of this Act shall give to the Commissioners that shall act in such Hundred or Division a Receipt under his Hand and Seale acknowledgeing his receipt of the full summe charged upon such Hundred or Division for such particular Payments, which Receipt shall be a full Discharge of such Hundred or Division for such particular Payments both against his Majestie his Heires and Successors.
LV. Receivers General certifying Arrears where none due, or unduly setting insuper.
Penalty to the Party; Penalty to the King.
And for the better preventing of such unjust vexations as might be occasioned by such persons as shall be appointed Receivers Generall of any of the Summes of Money granted by this Act, and to the intent the said Receivers Generall may returne a true Account into his Majestyes Court of Exchequer of such Summes of Money as shall be received by them and every of them their and every of their Deputy, and Deputyes Bee it further enacted by the Authority aforesaid That if any such Receiver Generall shall returne or certifie into the said Court any Summe or Summes of Money to be in arreare [and (fn. 12) ] unpaid after the same have beene received either by such Receiver Generall or by his Deputy or Deputyes or any of them or shall cause any person or persons to be sett insuper in, the said Court for any Summe or Summes of Money that hath beene soe received That then every such Receiver Generall shall forfeite to every person and persons that shall be molested vexed or damaged by reason of such unjust Certificate, Returne or setting in super treble the Damages that shall be thereby occasioned the said Damages to be recovered by Action of Debt Bill Plaint or Information in which noe Essoigne Protection or Wager of Law shall be allowed nor any more then one Imparlance and shall alsoe forfeite to his Majestie his Heires and Successors double the Summe that shall be soe unjustly certified or returned or caused to be sett in super.
LVI. Money lent under this Act not to be rated.
Provided alwayes That noe Summe of Money which shall be lent unto his Majestie upon the Securitie of this present Act at the rate of Seaven pounds per Cent shall be rated or assessed by vertue of this Act Any thing herein contained to the contrary notwithstanding.
LVII. Commissioners not liable to Penalties of 25 Car. II. c. 2.
And bee it further enacted by the Authoritie aforesaid That noe Commissioner or Commissioners or any other Officer that shall be imployed in the Execution of this Act or any thing therein contained shall be lyeable for or by reason of their acting or proceeding as Commissioners by vertue of this Act to any of the Penalties mentioned in an Act entituled An Act for preventing Dangers which may happen from Popish Recusants for not takeing the Oaths or Declaration in the said Act expressed in case such Commissioner or Commissioners Officer or Officers have before that time taken the said Oathes and subscribed the Declarations in the recited Act mentioned.
LVIII. Monies collected under this Act (Exception) to be applied for the Use of a War against the French King.
And bee it further enacted by the Authoritie aforesaid That all Moneyes collected levyed and paid by vertue of this Act (except the Allowances-therein made to the respective Collectors Clerks and Receivers Generall and the usuall Fees of the Officers of the Exchequer and what shall be issued thence for the Repayment of Loanes made in pursuance of this Act into the Exchequer and Interest for the same) shall be applyed and appropriated and are hereby appropriated for the Use and Service of a Warr against the French King and to noe other intent use or purpose whatsoever.
LIX. Collectors of Parishes, &c. keeping Monies in their Hands, or unduly paying away the same.
Penalty £5.; Receiver General or Deputy unduly paying Monies received under this Act.; Penalty £500.
And for the more effectuall doeing thereof and that the said Moneyes hereby given may be applyed to the Use and Service aforesaid Bee it further enacted And it is enacted by the Authoritie aforesaid That if any Collector of any Parish or Place shall keepe in his Hands any part of the money by him collected for any longer time then is by this Act directed (other then the allowance made unto him by this Act) or shall pay any part thereof to any person or persons other then the Receiver Generall of such County or Place or his Deputy that every such Collector shall forfeite for every such Offence the summe of Five pounds. And in case any Receiver Generall or his Deputy shall pay any part of the Moneys paid to him or them by any Collector by vertue of this Act to any person or persons whatsoever other then the Receipt of his Majestyes Exchequer and that at or within the respective times limitted by this Act or in case such Receiver Generall shall pay any part of the said Moneys by any Warrant of the Lord Treasurer and Under Treasurer or either of them or Commissioners of the Treasury for the time being or upon any Talley of Pro or Talley of Anticipation or other way or device whatsoever whereby to divert or hinder the actual payment thereof into the Receipt of the Exchequer as aforesaid That such Receiver Generall shall for every such offence of himselfe or his Deputy forfeite the summe of Five hundred pounds to him or them that shall, sue for the same in any Court of Record by Bill Plaint or other Information wherein noe Essoigne Protection or Wager in Law is to be allowed.
LX. Treasury not to direct any Warrant for Payment of
Monies other than into the Exchequer, nor for striking of any Tally of Pro, or Anticipation.; Teller not to throw down any Bill, &c. till he shall have received Money.
And it is hereby further enacted by the Authoritie aforesaid That the Lord Treasurer and Under Treasurer or Commissioners of the Treasury for the time being or any of them doe not direct any Warrant to any of the said Collectors or Receivers Generall or their Deputyes for the payment of any part of those Moneyes to any person or persons other then into the Receipt of the Exchequer as aforesaid nor shall they or any of them direct any Warrant to the Officers of the Exchequer for the strikeing of any Talley of Pro or Talley of Anticipation, nor doe any other matter or thing whereby to divert the actuall payment of the said Moneys into the Receipt of the Exechequer, Nor shall the Officers of the Exchequer direct or strike or record the strikeing of any Talley of Pro or Talley of Anticipation upon any of the said Moneys upon any Account or Warrant whatsoever. Nor shall any Teller throw downe a Bill whereby to charge himselfe with any of the said Moneyes untill he shall have actually received the same.
LXI. Treasury not to sign Warrants, &c. for Money, except for a War against the French King, or Repayment of Loans upon this Act
the like as to Officers of the Exchequer.
And it is hereby further enacted by the Authority aforesaid That the Lord Treasurer and Under Treasurer or either of them or the Commissioners of the Treasury for the time being doe not signe any Warrant or Order or doe any other matter or thing for the issueing of any of the said Moneys out of the Exchequer for any use or service whatsoever other then for the use and service of a Warr against the French King or for the repayment of Loanes upon the credit of this Act or Interest of the same as by this Act is directed, nor shall the Auditor of the Receipt draw any Order for the issueing of any part of the said Moneyes to any person or persons whatsoever for any use or service other then the use and service of a Warr against the French King or for the repayment of Loanes and Interest for the same as aforesaid nor shall he direct or the Clerke of the Pells record or the Teller make payment of any of the said. Moneys by vertue of any Warrant or upon any Order or other way or device whatsoever other then for the uses aforesaid and to be soe mentioned and expressed in such Warrant and Order.
LXII. Loans under this Act appropriated to a War against the French King.
And it is hereby further enacted by the Authoritie aforesaid That all Loans upon the Credit of this Act be and are hereby appropriated to the use and service of a Warr against the French King nor shall they [be issued out of the Exchequer to any other Intent or Purpose whatsoever nor by any other Warrant .or Order but wherein it is expressed that the same is for the use and service of a Warr against the French King.
LXIII. Treasurer of the Navy, and Treasurer of the Ordnance, to keep Monica apart;
Regulations for Treasurer of the Navy and Ordnance, and Treasurer and Paymaster of the Land Forces issuing and paying Monies.
And it is hereby further enacted by the Authoritie aforesaid That the Treasurer of the Navy Treasurer or Paymaster of the Ordnance and Treasurer [and (fn. 13) ] Paymaster of the Land forces and every other Person to whome any of the Moneys collected or paid by vertue of this Act shall be issued upon Account (of whome good Security shall be first taken) or to whome any of the Loanes had upon this Act shall be issued upon Account shall keepe all such Moneys paid to them respectively distinct and apart from all other Moneys and that the said Treasurer of the Navy Treasurer or Paymaster of the Ordnance issue and pay the same by Warrant of the principall Officers and Commissioners of the Navy and principall Officers of the Ordnance respectively or three or more of them and mentioning and expressing that it is for the use and service of a Warr against the French King [And that the Treasurer or Paymaster of the Land forces doe not issue or pay any of the said Moneys but by Warrant expressing that the same is for the Ufe and Service of a Warr against the French King [and that noe other person or persons whatsoever to whome any Loans upon this Act or Moneys ariseing thereby shall be paid upon Account doe issue or make use of the same to any Intent or Purpose whatsoever other then for the Use and Service of a Warr against the French King.
LXIV. And for Commissioners, &c. of the Navy, Bills, as to signing Navy Bills, &c. for issuing such Money.
And it is hereby further enacted by the Authority aforesaid That the Principall Officers and Commissioners of the Navy and Principall Officers of the Ordnance and such person or persons as doe signe the Warrants to the Treasurer or Paymaster of the Land Forces or to any other person or persons receiving any of the said Moneys upon account shall not signe any Navy Bill or Warrant or doe any other act or thing for the issueing and paying any of the said Moneys to any use intent or purpose whatsoever other then for the Use and Service of the said Warr and to be soe expressed in the said Navy Bill or Warrant.
LXV. Officers appointed to receive Monies misapplying same;
And it is further enacted by the authoritie aforesaid That if any of the Officers or other persons aforesaid shall after receipt of any of the said Moneys divert or misapply the same or any part thereof by vertue of any Warrant from the Lord Treasurer for the time being or other superior Officer contrary to the true intent and meaning of this Act That then such Officer or Officers soe diverting or misapplying the said Money shall forfeite the like Summe soe diverted or misapplyed which said Forfeiture shall be recovered by Action of Debt Bill Plaint or Information in any of His Majestyes Courts of Record at Westminster wherein noe Essoigne Protection or Wager of Law shall be allowed, one Moyety of which Forfeiture soe to be recovered shall be to the Informer [or him that shall sue for the same (fn. 15) ] and the other Moyety thereof to be distributed to the Poore of the Parish where such Offence shall be committed.
LXVI. Officers of Exchequer or Navy misapplying Monies;
Loss of Office and Incapacity.
And bee it further enacted by the Authority aforesaid That if any Officer or Officers mentioned in this Act or in any wise belonging to the Exchequer Navy Ordnance or Land Forces or other person receiving any of the said Moneyes upon Account shall wittingly and wilfully offend against this Law or any Clause thereof by diverting or misapplying any of the Moneys collected or paid by vertue of this Act or any Loane had thereupon contrary to the true intent and meaning of this said Act That for any and every such Offence such Officer and Officers [and (fn. 16) ] other person receiving any of the said Moneys upon Account, soe offending shall forfeite his Office and Place and is and are hereby disabled and made incapeable to hold or execute the said Office or any other Office whatsoever for the future.
LXVII. No Stay of Prosecution in Action for Penalties.
Provided alsoe and bee it enacted That noe stay of Prosecution upon any Command Warrant Motion Order or Direction by Non vult ulterius prosequi shall be had made admitted received or allowed by any Court whatsoever in any Suite or Proceeding by Action of Debt Bill Plaint or Information or otherwise for the Recovery of all or any the Paines Forfeitures or Penaltyes upon any person or persons by this Act inflicted or therein mentioned or for or in order to the Conviction or Disability of any person offending against this Law.
LXVIII. Auditor of Exchequer to transmit to the House of Commons Account of Monies paid, Loans, &c.
Treasurer of Navy, &c. to give a like Account.
And it is hereby further enacted by the authoritie aforesaid That the Auditor of the Receipt of the Exchequer for the time being shall transmitt to the Commons in Parlyament assembled an Account of all the Moneys paid into the Exchequer by vertue of this Act and of all Loanes thereupon and to whome the same are issued and paid and by whose Warrant and for what uses And that the Treasurer of the Navy Treasurer or Paymaster of the Ordnance and Treasurer or Paymaster of the Land Forces and every other person or persons to whome any of the said Moneys shall be paid upon Account shall in like manner give an Account to the Commons in Parlyament assembled of soe much of the said Moneys as shall be by them and ( (fn. 16) ) every of them respectively received and to whome the same are issued and paid by them respectively and by whose Warrant and for what Uses.
LXIX. Limitation of Prosecution.
Provided alwayes and bee it enacted That noe person to be prosecuted for any Offence by diverting or misapplying any Moneys contrary to the intent and meaning of this Act shall be prosecuted thereupon by any Plaint Bill Action Suite or Information unlesse such Bill Plaint Action Suite or Information be exhibited and commenced between the time of the Offence committed and the end of Six monthes after the Account of the Moneys to be levyed or paid by this Act shall be given and transmitted to the Commons in Parliament assembled as by this Act, is ordained and provided.
French Goods not to be imported for Three Years, &c. from 20th March 1677.; Such Importation declared a common Nuissance. ;Goods and Ships, &c. to be forfeited and seized.; Information to be exhibited and prosecuted.; No Writ of Delivery to be granted until Cause determined; Upon what Evidence Jury to decide; If Jury return a Verdict of French Goods; Judgement to be immediately passed, &c.; that such Goods be destroyed; and Penalty on Importers, and on Persons having such Goods in Custody.; First Offence; Second Offence after Conviction for First Offence.
And forasmuch as it hath beene by long Experience found that the Importing of French Wines Brandy Linnen Silke Salt and Paper and other Commodities of the Growth Product or Manufacture of the Territories and Dominions of the French King, hath much exhausted the Treasure of this Nation, lessened the Value of the Native Commodities and Manufactures thereof and caused great detriment to this Kingdome in generall Bee it further enacted by the Authoritie aforesaid' That from and after the Twentyeth of March One thousand six hundred seaventy seaven Noe French Wine Vinegar Brandy Linnen Cloath Silks Salt ( (fn. 17) ). Paper or any Manufactures made of or mixed with Silke Threade Woole Haire Gold or Silver or Leather being of the Growth Product or Manufacture of any the Dominions or Territories of the French King shall dureing the terme of three yeares to be accounted from the said Twentyeth day of March or before the end of the first Session of Parlyament next after the expiration of the said Three yeares be brought in by Land or shall be imported in any Shipp or Shipps Vessell or Vessells [whatsoever (fn. 18) ] into any Port Heaven Creeke or other place [whatsoever (fn. 19) ] of the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede or Isles of Jersey Guernsey Alderny Sarke or Isle of Man from any [Place or Port (fn. 20) ] whatever either mixt or unmixt with any Commodity of the Growth or Product of any other Nation Place or Country whatsoever, And that all and every Importation and Importations or vending or selling or uttering or retailing of any French Wines Brandy Linnen Silks Salt or Paper or other Commodities imported contrary to this Act or any of them shall be and is hereby declared and adjudged to be a common Nusance to this Kingdome in generall and to all His Majestyes subjects thereof, And that if any Wines Brandy Linnens Silks Salt or Paper or other [Commodities (fn. 21) ] whatsoever shall be imported contrary to this Act the same soe imported in whose hands or custody or in what place soever they shall or may be seized found or kept as alsoe all and every Shipp and Shipps Vessell and Vessells in which they be or were imported whether such Shipp or Shipps Vessell or Vessells be laden or unladen shall and may be forthwith stayed by any person or persons whatsoever untill search can be made of such Shipp or Vessell and the Goods imported contrary to this Act be carryed into His Majestyes Warehouse in the Port where such Shipp shall be and an Information thereof shall the next Terme or sooner be exhibited into His Majestyes Court of Kings Bench or Exchequer and all the Judges and Barons of the said respective Courts of Kings Bench and Exchequer are hereby required and strictly injoyned to cause due prosecution in the said respective Courts of every such Information and not to grant any Writt of Delivery or Restitution for such Goods or any of them on any Security or Pretence whatsoever, untill the Cause shall be finally determined in Law by or upon the Verdict of a Jury of twelve of such persons who are of knowne Experience to be returned by the Sheriffe which jury upon the tast or view of any Wines Brandy Linen, Silks Salt or Paper or other Commodities seized or stayed as aforesaid or upon proofe before them made shall and may judge the quality and value thereof and whether any of the Wines Brandy Silks Linnen Salt or Paper or other Commodities soe seized and which of them were of the Growth Product or Manufacture of any the Dominions or Territories of the French King or were imported contrary to this Act and in what Shipp or Shipps Vessell or Vessells the same was or were imported and by whome the same was imported or vended retailed or sold and in whose Custody they were at the time when the said Seizure or Stay was made and [wher (fn. 22) ] the said Wines Brandy Linnens Silks Salt or Paper or other Commodityes or any of them or any part of them or any of them were of the Growth Product or Manufacture of any of the Territories [or Dominions (fn. 23) ] of the French King And in case the said Jury shall finde and returne their Verdict upon their Oathes that the Wines Brandy Linen Silks Salt or Paper or other Commodityes soe seized or stayed or any of them or any part of them or any of them were of the Growth Product or Manufacture of any of the Dominions or Territories of the French King that then imm[m]ediately Judgement shall be passed upon the Goods, soe found; and the Judgement executed accordingly (to witt) That all such Wines and Brandyes soe found whether single or mixed shall in the open Field or Streets neere the place where they were soe seized be there staved and the said Wines and Brandyes there spilt upon the ground and the said Linens Silke Salt or Paper and other Coo[m]modities soe found by the said Jury shall be publickly burnt and destroyed in the open Field or Streets neere the place where they were soe seized And moreover every person and persons that shall have imported the same shall forfeite the full value thereof And every person and persons in whose custody the same shall be found at the time of such Seizure or Stay or that shall sell utter or retaile within the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede or the Isles of Jersey Guernsey Alderney Sarke or Isle of Man any Wines Brandy Linen Silks Salt or Paper or other Commoditie imported contrary to this Act shall for the first Offence forfeite the full value thereof and for the second offence after Conviction for such first Offence shall forfeite the full value thereof and shall alsoe stand and be disabled and incapeable in Law to exercise any Trade or beare or execute any Office or Imployment for or concerning or relateing to the Collection or Managery of the Customs or any part of his Majestyes Revenue one Moyety of all which said Forfeitures shall be to the Use of the Poore of the Parish where the Goods soe as aforesaid prohibited to be imported shall be first landed or seized and the other Moyety to the Informer to be recovered by Action of Debt Bill Plaint or Information in any of his Majestyes Courts of Record wherein noe Essoigne Protection Priviledge Injunction or Wager of Law shall be granted prayed admitted or allowed nor any more then one Imparlance.
LXXI. If such French Goods be brought into any English Port by His Majesty's Ships as Reprisal, &c. the same not to be landed, &c.
Penalty; Being adjudged Prize, to be exported.
And if any French Wines Brandy Silke Linen Salt or Paper or other Commodities of the Growth Product or Manufacture of any of the Territories or Dominions of the French King prohibited by this Act shall be brought into any of the Ports Havens or Creeks of the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede or Isles of Jersey Guernsey Alderney Sarke or Isle of Man by any of his Majestyes Shipps or Vessells or by any private Man of Warr as Reprisall or Rescue the same shall not be landed or putt on Shore on any pretence whatsoever nor retailed sold uttered or kept within the Kingdome. of England Dominion of Wales or Towne of Berwicke upon Tweede or the Isles of Jersey Guernsey Alderney Sarke or Isle of Man under the same Penalties and Forfeitures as abovesaid to be recovered and disposed of as aforesaid but being adjudged good Prize shall be exported againe to any Forreigne Market in the same Shipp or Vessell.
LXXII. Such Goods found vended, &c.
may be seized in any Custody, and like Information and Judgement and Penalties as before mentioned.; Onus probandi of Growth, &c. of Goods, on Owner, Seller, &c.; In Default of such Proof, Judgement for Destruction of Goods and Recovery of Penalties.; Informers delaying, &c. Prosecution; Penalty £500.; Officers, Sheriffs, &c. to be aiding in Execution of Act Commissioners. &c. of Customs not to allow Warrants for Delivery, &c. of such Goods, other than to the King's Warehouses, till Judgement had.
And if any French Wines Brandy Silke Linen Salt or Paper or other Commodity of the Growth Product or Manufacture of any of the Territories or Dominions of the French King prohibited by this Act whether they be single or mixt with any Commodity of the Growth or Product of any other Nation Country or Place or at what time soever they have beene or shall be imported shall at any time dureing the said terme of three yeares and after the First day of May which shall be in the Yeare of our Lord One thousand six hundred seaventy and nine be found vended sold retailed or uttered within the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede or Isles of Jersey Guernsey Alderney Sarke or Isle of Man the same shall and may be seized by any person or persons whatsoever in whose possession or custody soever they shall or may be found and like Information thereof and Judgement and Execution for the Destruction of them shall be had made and given as if they had been imported contrary to this Act And moreover every person in whose custody they shall be found after the said first day of May or that shall vend sell retaile or utter the same after the said First day of May shall incurr the Forfeitures and Penalties aforesaid to be [recovered (fn. 24) ] & disposed of in manner aforesaid, And if any Question Dispute or Doubt shall arise whether any of the Wines Brandy Silke Linen Salt or Paper or other Co[m]modities seized sold found or uttered as aforesaid or any part thereof either single or mixt were of the Growth Product or Manufacture of any of the Territories or Dominions of the French King or were imported contrary to this Act the Proofe shall be incumbent onely upon the Importer Claimer Owner Proprietor Seller and Retailer respectively and not upon the Informer, and for default of such Proofe that then a Judgement thereupon shall be given for the destruction of such Wines Brandy Silks Linen Salt and Paper and other Commodities and for recovery of the aforesaid Forfeitures and Execution of such [Judgement (fn. 25) ] shall be immediately granted and awarded according to the true intent and meaning of this Act without any stay or delay whatsoever And if any Informer shall by Fraude or Collusion desist or delay the prosecution of the Condemnation of any such Wines Brandy Silke Linen Salt or Paper or other' Commodity as aforesaid after Seizure or Stay of the same he shall for every such offence upon due Conviction thereof forfeite the summe of Five hundred pounds to be recovered as aforesaid one moyety whereof shall be to the use of the Poore of the Parish wherein such Informer had beene usually resistant when such Seizure or Stay was made and the other moyety to him that shall informe against him And all Customers Searchers and other Officers belonging to the Customs and all Sheriffes Maiors Bayliffes Constables and other Officers shall be and are hereby strictly enjoyned and required to be aiding and assisting in the due Execution of this Act in reference to French Wines Brandyes Silk Linen Salt Paper and Commodities which are to be destroyed as aforesaid and noe Commissioner or Commissioners Customer Survey our Generall or Surveyor or other Officer relateing to the Customs shall' signe suffer or allow of any Warrant Free Warrant or Order for passing or Delivery of any Goods prohibited by this Act either to any person or into any place whatever other then into one of His Majestyes Warehouses there to remaine in safe custody untill a Judgement in Law upon or touching the said Goods be given and passed according to the true intent and meaning of this Act.
LXXIII. Surveyors, Land Waiters, &c. not to deliver such Goods other wise than as before mentioned.
Such Goods brought to the King's Warehouses to be registered, and Register produced at Trial; Goods not to be delivered out of Warehouse till Judgment had.
Nor shall any Surveyour of the Land waiters or Surveyor of the Tyde waiters or Kings waiter or Land waiter or other Officer whatsoever relateing to the Customs either' by vertue colour or pretext of any Warrant or Order whatsoever take up or deliver any of the Goods prohibited by this Act and carry them or suffer them to be carryed to any other place then one of His Majestyes Warehouses there to remaine untill a Judgement in Law upon or touching the said Goods be given and passed according to the true intent of this Act, And all; such Goods soe as aforesaid brought into any of His Majestyes Warehouses together with the time, when they were soe brought in and the time of their Delivery out of the said Warehouses shall by speciall Direction of the Commissioners or other Cheife Officers that shall have the Managery Direction or Collection of the Customs be registred in a Booke to be kept for that purpose onely and to be produced at any Tryall that shall be had for and in order to the Condemnation or Destruction of the said Goods or touching the unlawfull importing thereof or for the Recovery of any Forfeiture or Penalty incurred by reason of the importing of such Goods contrary to this Act, nor shall such Goods be delivered out of any of the said Warehouses by any Officer whatsoever relateing to the Customs untill a Judgement in Law shall have been given and passed upon or touching the said Goods according to the true intent and meaning of this Act.
LXXIV. Persons not Shopkeepers selling such Goods.
Penalty and Imprisonment.
And forasmuch as the Commodityes and Manufactures of the Dominions of the French King prohibited by this Act are often sold by persons not being Shopkeepers Bee it enacted by the Authority aforesaid That if any person not being a Shopkeeper shall from and after the said First day of May One thousand six hundred and seaventy nine be found selling or exposeing to sale or to have sold any of the Commodities or Manufactures soe prohibited as aforesaid according to the Directions of this Act being thereof lawfully convicted shall over and above the Penaltyes aforesaid suffer Twelve moneths Imprisonment without Baile or Maineprize.
LXXV. Penalties how to be levied.
Provided alwayes and bee it enacted That all Penaltyes and Forfeitures to be incurred for any Offences against this Act for which there is noe way of levying therein before prescribed or appointed shall be levyed by Warrant of any two or more of the respective Commissioners of the Division or Place where any such Offence was or shall be committed by Distresse and Sale of the Goods of the Offender rendering the Overplus to the Owner thereof after a Deduction of reasonable Charges for destraining the same.
LXXVI. Commissioners in Counties at General Meetings to cause Duplicates of Sums charged on each Hundred to be written, and to subscribe and deliver the same to the Sheriff, and by him to the Exchequer before 1st Nov. 1678.
And bee it further enacted That the Commissioners in every County at a Generall Meeting to be by them appointed after all Appeales shall be first determined shall cause Duplicates of the whole summe charged within every Hundred Lath Wapentake Parish Ward or Place rated and assessed in such County in pursuance of this Act without nameing the persons to be fairely written in Parchment and ascertained under two or more of their Hands respectively to each Duplicate and the same soe by them subscribed and ascertained shall be joyntly and together delivered to the Sheriffe of such County and be by him transmitted to the Exchequer at or before the first day of November One thousand six hundred and seaventy eight.