Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reasons for granting the Subsidy by this Act.
We Your Majesties most dutiful and loyal Subjects the Commons in Parliament assembled having seriously considered Your Majesties extraordinary Occations Do towards supplying thereof most humbly present to Your Majesty a free Gift of the several Sums of Money herein after specified beseeching Your Majesty that it may be enacted And be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That all and every Person and Persons of what Age Sex or Condition soever within this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shal and do pay unto His Majesty the Sums hereafter mentioned (that is to say) The Sum of One Shilling on the Four and twentieth Day of August One thousand six hundred ninety eight The Sum of One Shilling on the Four and twentieth Day of November One thousand six hundred ninety eight The Sum of One Shilling on the Four and twentieth Day of February One thousand six hundred ninety eight The Sum of One Shilling on the Four and twentieth Day of May One thousand six hundred ninety nine except such Persons as shal receive Alms of the Parish where the dwel and their Children being under the Age of Sixteen Years at the Time of the Execution of this Act And except all poor House-keepers or Housholders who by Reason of the Poverty only are exempted from contributing to the Church or Poor and their Children being under the Age of Sixteen Years And also except all Children being under the Age of Sixteen of all Day Lalourers and of all Servants in Husbandry And also except all Children under the Age of Sixteen Year Years of such have Four or more Children and and not worth in Lands Goods and Chattels or any of them the Sum of Fifty Pounds.
II. Gentlemen having an Estate of £300 or more.
Widows having Dower or Jointure of £ 100, &c; Unmarried Women having an Estate of £1,000.
And be it further enacted That over and above the Sums aforesaid every Gentleman or Person so reputed or owning or writing himself such having an Estate in the whole either Real or Personal or in both of the clear [Yearly (fn. 1) ] Value of Three hundred Pounds or more And every Person above that Quality (and not a Peer of this Realm) and Widows having a Dower or Joynture of the clear Yearly Value of One hundred Pounds or more or being worth in the whole the clear Sum of One thousand Pounds And all unmarryed Women being worth in the whole in any Estate Real or Personal the clear Sum of One thousand Pounds shal severally pay unto His Majesty the Sum of Twenty Shillings Quarterly at the several Days before mentioned during One Year as aforesaid And no Gentleman Widow or unmarryed Woman not having such Estates respectively and thereof making Oath before Two or more of the respective Commissioners hereafter appointed shal be charged with the said Quarterly Su[m]m of Twenty Shillings.
III. Cursitors, Philizers, Attornies, Proctors, &c.
Certain Preachers not of the Church of England to pay Double; Also certain Clergymen of the Church of England.
And be it further enacted That every Cursitor Philizer Attorney Sollicitor Clerk in Chancery or Exchequer or other Courts of Law or Equity or Scrivener or practising as such and every Chancellor Commissary Official and Register and every Advocate Proctor Apparitor and Public Notary or practising as such and all other Officers in any Court and all Merchant Brokers to Merchants and Pawn-Brokers shal be charged and pay Twenty Shillings Quarterly at the several Days before mentioned and none of the said Persons so charged to be further liable or to be charged or pay as a Gentleman or reputed Gentleman And alsoe that every Clergyman not being a Lord Spiritual having or receiving in or by any Benefice Benefices Contribution or otherwise to the Value of Sixty Pounds by the Year or upwards and every Preacher or Teacher in any Congregation whatsoever not having taken Orders according to the Discipline of the Church of England having or receiving in Gratuities Contributions Rewards and Bounties or any of them to the Value of Sixty Pounds a Year or upwards shal be charged and pay Twenty Shillings Quarterly at the several Days before mentioned and none of the last mentioned Persons so charged to be further charged or pay as a Gentleman or reputed Gentleman And also that every Preacher or Teacher in any Congregation whatsoever not having taken Orders according to the Discipline of the Church of England having and receiving by any Contribution or otherwise to the Value of One hundred and fifty Pounds per Annum or upwards shal pay double the said Sum of Twenty Shillings Quarterly at the several Days before mentioned And also every Clergyman having in several Benefices or in several Ecclesiastical Promotions or in a Benefice & Promotion or in several Benefices and Promotions in the whole the Yearly Value of One hundred and fifty Pounds or upwards shal pay double the Sum charged upon other Clergy-men And every Tradesman Shopkeeper and Vintner having an Estate in the whole of the clear Value of Three ( (fn. 2) ) Pounds and upwards shal over and above the aforesaid Quarterly Sums of One Shilling pay unto His Majesty the Sum of Ten Shillings Quarterly on the several Days before mentioned during the said Year.
IV. Certain Persons charged in respect of their Horses.
And be it further enacted That every Person who by reason of his or her Estate is charged ( (fn. 3) ) by any Law now in being or to be made during this Session of Parliament is or shal be in any Manner chargable or by reason of his Estate would be chargable if he was no Officer in the Militia to find a Horse and Horsman with Arms to serve in the Militia of this Kingdom (over and above all other Sums wherewith he or she is chargable by this Act) shal for each and every Horse he or she is so charged or chargable or if he was no Officer might be chargable with pay the Sum of Twenty Shillings Quarterly on every of the Four several Quarter Days of Payment before mentioned and so proportionably every Person contributing towards finding a Horse or Horses and Horsemen with Arms as aforesaid.
V. And also certain Persons in respect of their Carriages.
And be it further enacted That every Person not finding or contributing to the finding of a Horse or Horseman with Arms as a foresaid who does keep a Coach Chariot or Calash (over and above all other Sums with which he or she is chargable by this Act) shal pay the Sum of Twenty Shillings Quarterly on every of the Four Quarterly Days of Payment before mentioned except such Persons as keep Stage-Coaches or Hackney Coaches.
VI. Lords Spiritual and Temporal charged.
And be it further enacted by the Authority aforesaid That every Lord Spiritual or Temporal of this Realm shal (over and above any Sum with which he is charable by this Act) pay to His Majesty the Sum hereafter mentioned (that is to say) The Sum of Ten Pounds on the said Four and twentieth Day of August One thousand six hundred ninety eight The Sum of Ten Pounds on the said Four and twentieth Day of November One thousand six hundred ninety eight The Sum of Ten Pounds on the said Four and twentieth Day of February One thousand six hundred ninety eight and the Sum of Ten Pounds on the said Four and twentieth Day of May One thousand six hundred ninety nine.
VII. Gentlemen who by 3 W.& M. c.6. §7. paid double, or have been returned into Exchequer for Non-payment, not appearing before the Commissioners to take the Oaths, to pay double.
And be it further enacted That every Gentleman or Person so reputed or owning or writing himself such or being above that Quality and under the Degree of a Peer of this Realm and having an Estate of the Value of Three hundred Pounds and being of the Age of Sixteen Years or upwards and within this Realm at the Time of the Execution of this Act who have not already taken the Oaths to His Majesty hereafter mentioned and who shal not voluntarily appear before the said Commissioners or Two or more of them within the Time lymitted by this Act for hearing Appeals and take the Oaths mentioned and required to be taken by an Act made in the First Year of the Reign of His Majesty and the late Queen of Blessed Memory intituled An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths (which Oaths the Commissioners or any Two or more of them are hereby impowred and required to administer) and make an Entry or Memorandum thereof in some Book to be kept for that Purpose shal be charged with and pay to His Majesty double the Sums which by force or virtue of any Clause in this Act he should or ought to pay or be charged with to be levyed collected answered recovered and paid in such Manner and by such Ways and Means as are in this Act expressed and appointed for and concerning the Rates and Sums hereby intended to be doubled as aforesaid.
VIII. Proviso for Quakers to subscribe the Declaration of Fidelity, 1 W. & M. c. 18. § 10.
Provided nevertheless That whereas certain Persons Dissenters from the Church of England commonly called Quakers and now known to be such do scruple the taking any Oath it shal be sufficient for every such Person to make and subscribe the Declaration of Fidelity contained in an Act intituled An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws which Declaration any Two or more of the Commissioners appointed for the Execution of this Act are hereby impowred and required to administer and every such Person so doing shal not be liable to or chargable with any the double Rates aforesaid.
IX. Commissioners appointed by c. 10. ante, to be Commissioners under this Act.
The said Commissioners to meet on the 20th July 1698 to put this Act in Execution; and divide themselves. Commissioners to order Constables, &c. to attend, and then to read to them their Charge; and prefix other Days for bringing in Certificates of Names, &c. of Persons residing within certain Limits, together with the Assessment; Penalty; Parish answerable for Payment by Collectors to Receiver General; Certificates, &c. returned to Commissioners, 12th Aug. 1698; Commissioners to issue Warrants, &c. for collecting; Collectors to demand Payment within Four Days after Receipt of Warrant: Times of Quarterly Payments by Collectors; Receivers to hasten Collectors; and if they make Default, Distress.
And be it further enacted by the Authority aforesaid That for the better assessing ordering and levying of the several Sums of Money so as aforesaid limitted and appointed to be paid and for the more effectual putting of this present Act in Execution all and every the Persons named and appointed to be Commissioners by an Act of this present Session of Parliament intituled An Act for granting to His Majesty the Sum of One Million four hundred eighty four thousand and fifteen Pounds one Shilling and Eleven Pence Three Farthings for disbanding Forces paying Seamen and other Uses therein mentioned shal be Commissioners for putting in Execution this present Act and the Powers therein contained within all and every the several and respective Counties Ridings Cities Cinque-Ports Boroughs Towns and Places for which they are appointed Commissioners respectively by the said Act and the said Commissioners in order to a speedy Execution of this Act shal and are hereby required in their respective Counties Ridings Cities Boroughs Towns and Places to meet together at the most usual or [accustomed (fn. 4) ] Place of Meeting within such of the said Counties Ridings Cities Boroughs Towns and Places respectively on the Twentieth Day of July One thousand six hundred ninety eight and the said Commissioners or so many of them as shal be present at the First General 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 Towns and other Places within their Limitts priviledged or not priviledged in such Manner and Form as to them shal seem expedient and shal direct their several or joynt Precept or Precepts to such Inhabitants High Constables Petty Constables Bayliffs and other such like Officers and Ministers and such number of them as they in their discretions shal [seem (fn. 5) ] most convenient to be Presenters and Assessors requiring them to appear before the said Commissioners at such Time and Place as they shal appoint not exceeding Eight Days and at such their appearing the said Commissioners or so many of them as shal be thereunto appointed shal openly read or cause to be read unto them the Rates in this Act mentioned and openly declare the Effects of their Charge unto them and how and in what manner they ought and should make their Certificates according to the Rates aforesaid and shal then and there prefix another Day to the said Persons to appear before the said Commissioners and bring in their Certificates of the Names and Sirnames Qualities Degrees Titles Estates Professions Imployments and Trades of all every the Persons dwelling or resideing within the Limitts of those Places with which they shal be charged and of all other things in respect whereof any Person is or may be chargable by this Act together with the Assessment of the respective Rates hereby imposed upon each particular Person according to the Rules and Directions hereof without Concealment Love Favour Dread or Malice upon [Pain of (fn. 6) ] Forfeiture of any Sum not exceeding Ten Pounds to be levied as by Act is appointed and shal then returne the Names of Two or more able and sufficient Persons within the Bounds and Limits of those Parishes or Places where they shal be charged respectively as aforesaid to be Collectors of the Money due to His Majesty by this Act for whose paying unto the Receivers General to be appointed by His Majestie their Deputy or Deputies in manner following such Moneys as they shal be charged withal the Parish or Place by whom they shal be imployed shal be answerable which Certificates and Assessments shal be ascertained and returned unto the Commissioners at or before the Twelfth Day of August One thousand six hundred ninety eight and upon the Delivery or Returning in of such Certificates or Assessments unto the said Commissioners they or any Two or more of them shall forthwith issue out and deliver their Warrants of Estreats to such Collectors as aforesaid for the speedy collecting and levying of the said Assessments and all Moneys and Rates due thereupon according to the Intent and Directions of this Act of all which the said Collectors are hereby required to make Demand of the Parties themselves or at the Places of their last abode within Four Days after the Receipt of such Warrants or Estreats and to levy and pay in at such Place as the Commissioners shal appoint unto the respective Receiver General his Deputy or Deputies the Sums payable for the First of the said Quarterly Payments on or before the First Day of September One thousand six hundred ninety eight and the Sums payable for the Second of the said [Quarters (fn. 7) ] on or before the First Day of December One thousand six hundred ninety eight and the Sums payable for the Third of the said Quarterly Payments on or before the First Day of March One thousand six hundred ninety eight and the Sums payable for the Fourth of the said Quarterly Payments on or before the First Day of June One thousand six hundred ninety nine and the respective Receivers are hereby impowred and required to call upon and hasten the Collectors to the said Payments and in Default thereof to levy by Warrant under the Hands ( (fn. 8) ) and Seals of any Two or more of the Commissioners upon the respective Collectors by Distress such Sum and Sums of Money as they have received and as ought by them to have been paid and are not paid by reason of their Failure in doing their Duty respectively according to the Direction of this Act
X. Commissioners to cause Duplicate of Sums assessed to be returned into Exchequer, under Hand and Seal, without naming the Persons assessed, before 10th Sept. 1698; others to Receiver General.
Time for the First Quarterly Payment; Second; Third; Fourth; Commissioners may examine Presenters, and if they have cause to suspect that any Person is not fully charged, they may summon such Persons; Persons neglecting, &c. to appear; Penalty; Commissioners may examine, &c; Allowance to Receiver General; Allowance to Collector.
And be it enacted That a [true (fn. 9) ] Duplicate of the whole Sum charged within every Hundred Lathe Wapentake Parish Ward or Place rated and assessed in pursuance of this Act without naming the Persons shall under the Hands and Seals of Two or more of the Commissioners thereunto appointed be returned into His Majesties Exchequer before the Tenth Day of September One thousand six hundred ninety eight (all Appeals being first determined) and in like manner within Thirty Days after every other Quarterly Payment And that like Duplicates be also in convenient time made out and delivered unto the Receivers General so [that (fn. 10) ] every of them may be duely charged to answer their respective Collections and Receipts And that the said several Quarterly Sums to be paid into His Majesties Exchequer at the several times following (that is to say) The First of the said Quarterly Payments on or before the Twentieth Day of September One thousand six hundred ninety eight The Second of the said Quarterly Payments on or before the Twentieth Day of December One thousand six hundred ninety eight The Third of the said Quarterly Payments on or before the Twentieth Day of March One thousand six hundred ninety eight And the Fourth and last of the said Quarterly Payments on or before the Twentieth Day of June One thousand six hundred ninety nine And upon Returne of any such Certificate the said Commissioners or any Two or more of them shal and may (if they see cause) examine the Presenters thereof And if the said Commissioners or any Two or more of them within their several Limitts shall at the time of the Delivery of the said Certificates or within Twelve Days after have Knowledge or reasonable Cause of Suspicion that any Person or Persons who ought to be mentioned in the said Certificate is or are omitted or that any Person or Persons in the said Certificate mentioned is not or are not fully and duly charged according to the true Intent of this Act the said Commissioners or any Two or more of them shal have Power to warn such Person or Persons to appear before them at a Day and Place prefixed to be examined touching the Premisses or any Matter which may any way concern the same And if the Person or Persons warned to be examined shal neglect to appear not having a reasonable Excuse for his Default every. Person so making Default shall pay unto His Majesty Double the Sum or Rate he should or ought to have been set at And moreover the said Commissioners or Two or more of them shal have Power by any lawful Ways and Means to examine and enquire into all Matters and Things for or by reason of which any Persons are chargable by this Act and to set such Rate or Rates upon such Persons as shal be according to the true intent and meaning of this Act And the said Receiver General shall have an Allowance of Two Pence in the Pound for all Moneys which shal be by him paid into the Receipt of the Exchequer And every Collector shal have Three Pence in the Pound for what Money he shal pay to the Receiver General his Deputy or Deputies.
XI. Allowance to Clerks of Commissioners.
Persons refusing to pay Rates upon Demand; Distress; And if Rate not paid within Four Days, Distress sold, &c; Persons assessed not paying in 10 Days, and where no sufficient Distress, imprisoned in Common Gaol, without Bail; Complaint of Over Rate within Six Days after Demand to Commissioners; who may examine upon Oath, and may increase or abate Rate, and to issue Warrant accordingly.
And for the careful Writing and Transcribing the said Warrants Estreats and Duplicates in due time and for making Certificates upon. Appeals or otherwise Be it further enacted That the Commissioners Clerks who shal respectively perform the same shal by Warrant under Three or more of the Commissioners Hands have and receive from the respective Receivers General their Deputy or Deputies Three Halfpence in the Pound of all such Moneys as they shal have received by vertue of such Warrants and Estreats who are hereby appointed to pay the same accordingly And if any Person or Persons shal refuse or neglect to pay the several Sum and Sums and Proportions appointed by this Act for such Persons to pay upon Demand made by the Officer or Collector of the Place according to the Precepts or Estreats to him delivered by the said Commissioners It shal and may be lawful to and for such Officer and Collector (who is hereby thereunto authorized and required) for Non payment thereof to distrain the Goods and Chattels of such Person or Persons and the Distress so taken to keep by the Space of Four Days at the Costs and Charges of the Owners thereof And if the said Owners do not pay the Sum of Money due by this Act within the said Four Days then the said Distress to be appraised by Two or more of the Inhabitants where the said Distress is taken and there to be sold by the said Officer for Payment of the said Money and the Overplus coming by the said Sale (if any be) over and above the Charges of taking and keeping the said Distresse to be immediately restored to the Owners thereof And if any Person or Persons assessed by this Act shal refuse or neglect to pay the Sum or Sums so assessed by the Space of Ten Days after demand as aforesaid where no such sufficient Distress can or may be found whereby the same may be levied in every such Case Three of the Commissioners by this Act appointed for any such City County or Place are hereby authorized by Warrants under their Hands and Seals to commit such Person or Persons to the Common Goal there to be kept without Bail or Mainprize until Payment shal be made And if any Person certified assessed or rated find him or her self agrieved with such assessing or rateing and do within Six Days after Demand thereof made complain to the said Commissioners ( (fn. 11) ) or any Three or more of them (whereof Two shal be of the Commissioners who signed or allowed his or her Rate) shal and may within Eight Days next after such Complaints particularly examine the Parties so complaining upon his or her Oath touching the same and upon due Examination or Knowledge thereof abate defaulk increase or inlarge the said Assessment and the same so abated [defaulked (fn. 12) ] increased or enlarged shal be estreated by them into the Exchequer in manner aforesaid And to that end the said Commissioners are hereby required to meet together for the determining of such Complaints and Appeals accordingly.
XII. Persons to be rated where resident at Execution of Act.
Persons not being Householders, Servants.
And be it further enacted [That every Person (fn. 9) ] to be rated by this Act shal be rated at such Places where he or she and with his or her Family shal be resident at the time of the Execution of this Act And that every Person not being a House-holder nor having a certain Place of Abode and all Servants shal be taxed at the Place where they are resident at the time of the Execution of this Act the Tax upon such Servants to be paid by their respective Master or Mistress and to be deducted out of their Wages which Deduction the said Master or Mistress is hereby impowred to make.
XIII. If Persons having several Mansion Houses be doubly charged, on Certificate of Commissioners to be granted without Fee, and on Oath before Justices of Peace.
Absentees rated at last Place of Abode; Persons escaping from Taxation charged at Double Value.
Provided always That if any Person having several Mansion Houses or Places of Residence shal be doubly charged by virtue of this Act that upon Certificate made by Two or more of the Commissioners for the County City or Place (which Certificate the said Commissioners are hereby required to give without Delay Fee or Reward) of his or their personal Residence under their Hands and Seals of the Sum or Sums there charged [up (fn. 13) ]on him or them or in what Capacity or Respect he or they were so charged and upon Oath made of such Certificate before any Justice of the Peace of the County or Place where such Certificate shal be made (which Oath the said Justice of the Peace is hereby authorized to administer) then the Person or Persons so doubly charged shal for so much as shal be certified be discharged in every other County City or Place And if any Person at the time of the assessing shal be out of the Realm such Person shal be rated where such Person was last abiding in the Realm And if any Person that ought be taxed by virtue of this Act by changing his Place of Residence or by Fraud or Covin shal escape from the Taxation and not be taxed and the same be 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 Twelve Months next ensuing after such Taxation made every Person that shal so escape from the said Taxation and Payment shal be charged upon Proof thereof at the Double Value of so much as he should or ought to have been taxed by this Act the said Double Value upon Certificate thereof made into the Exchequer by the Commissioners or Justices before whom such Proof shal be made to be levied of the Goods Chattels and Tenements of such Person towards the Supply aforesaid.
XIV. Commissioners may assess Commissioners;
and also Assessors.
Provided always and be it further enacted That the Commissioners within any County or Place within their respective Limits or the major Part of them shal tax and assesse every other Commissioner joyned with them And the Commissioners within their Division shal assess every Assessor within their Division And as wel al Sums upon every of the said Commissioners and Assessors as the Assessments made and presented by the Presenters as aforesaid shal be written estreated levied and gathered as the same should and ought to have been if the said Commissioners had not been named Commissioners.
XV. Assessor, Collector, &c. neglecting, &c. to perform their Duty.
Commissioners may fine; Commissioners to require Accounts from Receivers General; and in case of Failure to levy; If Controversy concerning assessing Commissioners, Commissioners concerned to withdraw; Penalty; Questions concerning Rates determined by Commissioners; Receivers General, &c. to give Acquittances gratis to Collectors; Collectors to deliver a Schedule to Receivers General of Defaulters; to be returned by him into Exchequer.
And be it further enacted That if any Assessor Collector Receiver or any other Person appointed by the Commissioners shal wilfully neglect or refuse to perform his Duty in the due and speedy Execution of this present Act the said respective Commissioners or any Two or more of them may and shal by virtue of this Act impose on such Person or Persons so refuseing or neglecting their Duties any Fine not exceeding Twenty Pounds for any Offence the same to be levied and certified as aforesaid into His Majesties Court of Exchequer and charged upon the respective Receivers General amongst the rest of the Rates aforesaid And the said Commissioners or any Two or more of them may and shal from time to time call for and require an Account from the respective Receivers General of all the Moneys received by them of the said Collectors and of the Payments thereof into His Majesties Receipt of Exchequer according to the Direction of this Act And in case of any Failure in the Premisses the said Commissioners or any Two or more of them are hereby required to cause the same to be forthwith levied and paid according to the true Intent and Meaning of this [Act (fn. 13) ] And in case of any Controversie arising between the said Commissioners concerning the said Rates or Assessments the Commissioners that shal be concerned therein shal have no Voice but shal withdraw during the Debate of such Controversie until it be determined by the rest of the Commissioners and in Default thereof that the Commissioners then present shall have Power and are hereby required to impose such Fine or Fines as to them shal be thought fit upon such Commissioners so refusing to withdraw not exceeding the Sum of Twenty Pounds and to cause the same to be levied and paid as other Fines to be imposed by this Act are to be levied and paid And all Questions and Differences that shal arise touch[ing (fn. 13) ] any of the said Rates Taxes Assessments or Levies and the collecting thereof shal be heard and finally determined by Three or more of the Commissioners upon Complaint thereof to them made by any Person [or Persons (fn. 13) ] thereby grieved without further Trouble or Suit in Law And the said Receiver General his Deputy or Deputies shall give Acquittances gratis to the said Collectors for all Moneys of them received in pursuance of this Act which Acquittances shall be a ful Discharge of the said Collectors respectively And the said Collectors shal make and deliver to the said Receivers General their Deputy or Deputies a perfect Schedule fairly written in Parchment under their Hands and Seals signed and allowed by any Two or more of the respective Commissioners containing the Names and Sirnames and Places of Abode of every Person within their respective Collection that shal make Default of Payment of any the Sums that shal be rated or assessed on such Person by virtue of this Act and the Sum and Sums charged on every such Person the same to be by him returned into His Majesties Exchequer wherupon every Person so making Default of Payment may be charged by Process of the said Court And the Officers of the said Court are hereby strictly enjoyned and required to issue such Process against all Persons whatsoever so making Default And the said Process shal be duely executed for Recovery of the [Money (fn. 14) ] whereof Default in Payment shal be made as aforesaid.
XVI. Letters Patent, &c. no Exemption.
And be it further enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of His Royal Predecessors or to be granted by His Majesty to any Person or Persons Cities Boroughs or Towns Corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Tolls Taxes Assessments or Aids shall be construed or taken to exempt any Person or Persons City Borough or Town Corporate or any the Inhabitants of the same from the Burthen or Charge of any Sum or Sums of Money granted by this Act and all Non obstante's in snch Letters Patents for any such Purpose or Intent are hereby declared to be void and of none Effect.
XVII. Constables, &c. to aid and execute Commissioners Precepts.
And be it enacted That all Constables Headboroughs, Tythingmen and other His Majesties Officers shal and are hereby required and enjoyned to be respectively aiding and assisting in the Execution of this Act and to obey and execute such Precepts and Warrants as shall be to them directed in that behalf by the respective Commissioners hereby appointed or any Two or more of them.
XVIII. In Actions for executing Act,
General Issue may be pleaded; Treble Costs.
And be it further enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any Person for what he or they shall do in pursuance or in Execution of this Act such Person or Persons so sued in any Court whatsoever shall and may plead the General Issue not guilty any upon any issue joyned may give this Act and the special Matter in Evidence and if the Plaintiff or Prosecutor shall become Nonsuit or forbear further Prosecution or suffer Discontinuance or if a Verdict pass against him the Defendant and Defendants shall recover their Treble Costs for which they shall have the like Remedy as in Cases where Costs by Law are given to Defendants.
XIX. Parents and Guardians to pay Rates imposed on Infants.
And be it further enacted and ordained That the respective Parents Guardians and Tutors of every Person under the Age of One and twenty Years shall upon Default of Payment by such Person and upon Demand pay what is due and payable by this Act for every [such (fn. 15) ] Person residing in their Family or under their Tuition as before herein is mentioned.
XX. Monies due paid by particular Collectors to Receivers General or Deputy, who is to give Notice thereof to the Commissioners or Two of them as herein mentioned.
And be it enacted by the Authority aforesaid That all Moneys due and payable by this Act shall be paid by the particular Collectors of respective Counties Cities Boroughs Towns Parishes and Places who shall collect the same unto such Receiver General as shall by His Majesty be appointed to receive the same or to the Deputy or Deputies of such Receiver General to be appointed under his Hand and Seal whereof Notice shall be given by the Receiver General to the Commissioners or any Two of them within the respective Divisions within Ten Days after their General Meeting and so from time to time within Ten Days after every Death or Removal of any Deputy (if any such shal happen) and the Receipt of such Receiver General his Deputy or Deputies or any one [of (fn. 15) ] them shall be a sufficient Discharge unto every such Collector.
XXI. How far particular Collectors obliged to travel.
And be it further enacted That the particular Collectors for Payment of any Sums by them received unto such Receiver General or his Deputy shall not be obliged to travel above Ten Miles from the Place of their Habitations.
XXII. Receiver General to give to Commissioners a Receipt;
such Receipt to be a Discharge against His Majesty.
And be it further enacted by the Authority aforesaid That every Receiver General from time to time within the Space of One Month next after he shal have received the full Sum that shall be charged upon any Hundred or Division for each particular Quarterly Payment that is to be made to such Receiver General by virtue of this Act shall give the Commissioners that shall act in such Hundred or Division a Receipt under his Hand and Seal acknowledging his Receipt of the full Sum charged upon such Hundred or Division for such particular Payment which Receipt shal be a full Discharge to such Hundred or Division for such particular Payment against His Majesty His Heirs or Succesors.
XXIII. Receivers General certifying Arrears due where Monies have been received.
Penalty to Party; Penalty to His Majesty.
And for preventing such unjust Vexations as might be occasioned by such Persons as shall be appointed Receivers General of any the Sums of Money granted by this Act and to the Intent the said Receivers General may return a true Account into His Majesties Court of Exchequer of such Sums of Money as shall [be (fn. 15) ] received by them and every of them their and every of their Deputy and Deputies Be it further enacted by the Authority aforesaid That if any such Receiver General shall return or certifie into the said Court any Sum or Sums of Money to be in Arrear and unpaid after the same hath been received either by such Receiver General or by his Deputy or Deputies or any of them or shall cause any Person or Persons to be [set (fn. 16) ] Insuper in the said Court for any Sum or Sums of Money that hath been so received that then every such Receiver General shall forfeit to every Person [or (fn. 17) ] Persons that shall be molested vexed or damaged by reason of such unjust Certificate Return or Setting Insuper. Treble Damages that shall be thereby occasioned the said Damages to be recovered by Action of Debt Bill Plaint or Information in which no Essoign Protection or Wager of Law shall be allowed or any more then One Imparlance and shall also forfeit to His Majesty His Heirs and Successors Double the Sum that shall be so unjustly certified or returned or caused to be set Insuper.
XXIV. Commissioners not liable to Penalties in Act 25 Car. II. c. 2.
And be it further enacted by the Authority aforesaid That no Commissioner or Commissioners who shall be imployed in the Execution of this Act shall [be (fn. 15) ] liable for or by reason of such Execution to any the Penalties mentioned in an Act made in the Five and twentieth Year of the Reign of King Charles the Second for the preventing of Dangers which may happen from Popish Recusants.
XXV. Penalties how levied.
Provided always and be it enacted That all Penalties and Forfeitures to be incurred for any Offences against this Act (for which there is no way of levying herein before prescribed [and (fn. 18) ] appointed) shall be levied by Warrant of any Two or more of the respective Commissioners of the Division or Place where such Offence was or shall be committed by Distress and Sale of the Goods of the Offender rendring the Overplus to the Owner thereof after Deduction of seasonable Charges for distraining the same.
XXVI. After Appeals determined Commissioners to cause Duplicates of Sums charged to be transmitted to Sheriff, to be by him transmitted to Exchequer.
And be it further enacted That the Commissioners in every County at a General Meeting to be by them appointed after all Appeals shall be first determined shall cause Duplicates of the whole Sum charged within every Hundred Lathe Wapentake Parish Ward or Place rated and assessed in such County in pursuance of this Act without naming the Persons to be fairly written in Parchment and assertained under Three or more of their Hands respectively to each Duplicate and the same so by them subscribed and ascertained shall be joyntly and together delivered to the Sheriff of such County and be by him transmitted to the Exchequer at or before the Twentieth Day of September One thousand six hundred ninety eight.
XXVII. Commissioners to take the Oaths of 1 W. & M. c. 8.
which Commissioners may administer; Commissioner acting without taking the Oaths, Penalty £200.
Provided always that no Person shall be capable of acting as a Commissioner in the Execution of this Act before he shall take the Oaths appointed by an Act made in the First Year of the Reign of His Majesty and the late Queen of blessed Memory intituled An Act for abrogateing the Oaths of Supremacy and Allegiance and appointing other Oaths which Oaths it shall be lawful for [any (fn. 19) ] Two or more of the Commissioners to administer and they [are (fn. 19) ] hereby authorized and required to administer the same to any other Commissioner And in case any Person named a Commissioner for putting in Execution this Act shall presume to act as a Commissioner before he shall have taken the said Oaths he shall forfeit to His Majesty the Sum of Two hundred Pounds.
XXVIII. Where Persons charged to Horse or Horsemen to be assessed.
Assessment not paid, and no Goods; Tenant of Land may pay and deduct out of Rent.
Provided always that all Persons charged or chargeable by this Act in respect of their finding or contributeing or being liable to find or contribute to the finding any Horse or Horseman with Armes as aforesaid shall be assessed for the same in such Counties and Places respectively where they do or ought so to find or contribute as aforesaid And if the Sums assessed or charged in such Counties or Places respectively shall not be paid within the respective times in this Act before limitted for Payment thereof and no Goods or Chattels of the Person so assessed sufficient to pay the said Sums shal be found in the Place where such Assessment shall be made it shall be lawful in case the Tenant or Tenants of the Lands in respect of which such Assessment shall be made shall not within Ten Days after demand thereof pay the said Sums to levy the same by Distress and Sale of the Goods of such Tenant or Tenants in manner aforesaid And every Tenant paying the Sum so assessed or upon whome the same shall be levyed as aforesaid shall and may deduct so much out of the Rent payable for the Premisses which said Sum so deducted and detained shall be allowed on Payment of the residue of the Rent as fully as if the whole Rent had been actually paid to such Person to whom the same was due.
XXIX. Serjeants' Inns, Inns of Court, and Inns of Chancery to be assessed.
And it is hereby further enacted That the several and respective Persons inhabiting or lodging in Serjeants Inn in Fleet-street and Serjeants Inn in Chancery Lane the Four Inns of Court and the Inns of Chancery belonging thereto shall be rated and assessed by this Act according to such Proportions as are imposed by this Act.
XXX. Commissioners may summon Persons coming to reside in District in London, &c. where not rated.
And it is hereby further enacted That if any Person shall come to inhabit or reside in any Division or Place within London or Westminster or Five Miles thereof where such Person was not rated or taxed the Commissioners acting within such Division or Place are hereby required and impowred to summon such Person before them and unless he or she shal produce a Certificate ( (fn. 20) ) according to the direction of this Act whereby it shall appear that he or she were assessed and had actually paid all the preceeding Quarterly Payments in some other Place the said Commissioners shall and are hereby required to cause such Persons to be assessed according to this Act and cause the same or such Quarterly Payments thereof as shall be unassessed and unpaid to be assessed levyed and paid according to the true intent and meaning of this Act.
XXXI. Housekeepers to give an Account of Lodgers to Assessors.
And it is further enacted by the Authority aforesaid That every Householder shall upon the demand of the Assessors of the respective Parishes or Places give an Account of the Names and Qualities of such Persons as shal sojourn or lodg in their respective Houses under the Penalty of forfeiting to His Majesty the Sum of Five Pounds to be levied recovered and distributed in such manner as other Penalties in this Act mentioned are to be levied and recovered.
XXXII. Proviso for Persons paying Assessment before hand.
And whereas several Persons who are to be assessed by this Act may be willing and desireous to pay or satisfy all or several of the Quarterly Payments by this Act intended to be satisfied and paid by them Be it further enacted by the Authority aforesaid That it shall and may be lawful to and for any Person or Persons to satisfie and pay to the respective Collector or Collectors all or any of the said Quarterly Payments assessed upon him her or them for the said whole Year or any Quarters thereof before hand which said Collectors are hereby enjoyned and required on every such Payment made before hand to give the Party or Parties paying the same an Acquittance expressing the Sum received for such Quarterly Payments for which such Payment shall be so made and every such Acquittance shall be a good Discharge against ( (fn. 21) ) His Heirs and Successors as if the Sums chargeable by this Act on such Person or Persons were assessed or answered at such several and respective Quarterly. Times and Payments as are above mentioned Any [thing (fn. 22) ] in this Act to the contrary thereof in any wise notwithstanding.
XXXIII. Members of Parliament to be rated at Place where they reside when Parliament not sitting.
Provided always and be it enacted by the Authority aforesaid That all and every the Members of this present Parliament shall be assessed and taxed at the Place where their usual Residence is in the Intervals of Parliament and not elsewhere Any thing in this Act to the contrary notwithstanding.
XXXIV. C. 13. ante.; Out of Monies levied £250,000 towards Payment of Seamens Wages;
and £250,000 for Land Forces.
And it is further enacted by the Authority aforesaid That out of the Money that shall be levied or paid into the Receipt of the Exchequer aswel upon Loans as otherwise by vertue of an Act made in this present Session of Parliament intituled An Act for granting to His Majesty several Duties upon Coal and Culm the Sum of Two hundred and fifty thousand Pounds shall be and is hereby applied and appropriated for and towards the Payment of Wages to Seamen that have or shall serve in His Majesties Navy Royal And also that out of the first Money that shall be raised aswel upon Loans as otherwise by virtue of this present Act the Sum of Two hundred and fifty thousand Pounds shall be and is hereby appropriated to and for the satisfying and paying the Debts due for Quarters from His Majesties Land Forces within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed since the First Day of January One thousand six hundred ninety six.
XXXV. Rules, Penalties, &c. of 1 W. & M. Sess. 2. c. 1. in Force and applied in Execution of Act.
And for the more effectual doing thereof and that the Sums [by this (fn. 23) ] Act appropriated may not be diverted or applied to any other purpose than is hereby declared and intended Be it enacted by the Authority aforesaid That the Rules and Directions appointed and enacted by one Act made in the First Year of the Reign of King William and Queen Mary intituled An Act for a Grant to Their Majesties of an Aid of Two Shillings in the Pound for one Year for the speedy Payment of Money thereby granted into the Receipt of the Exchequer by the Collectors and Receivers and for Distribution and Application thereof and keeping distinct Accounts of the same and all other Provisions Pains Penalties and Forfeitures thereby enacted in case ( (fn. 24) ) of any Money thereby appropriated are hereby revived and enacted to be in Force and shal be practised applied executed and put in ure for and concerning the Distribution and Application of the said Sums hereby appropriated as fully amply and effectually as if the same were here particularly repeated and reenacted.
XXXVI. Persons may lend Money to His Majesty on this Act, not exceeding £500,000, at Rates herein mentioned.
Provided also and it is hereby enacted by the Authority aforesaid That it shall and may be lawful to and for any Person or Persons Natives or Foreigners Bodies Politick or Corporate to advance and lend unto His Majesty at the Receipt of His Majesties Exchequer upon the Security of this Act any Sum or Sums of Money not exceeding the Sum of Five hundred thousand Pounds and to have and receive for the Forbearance thereof Interest after the Rate of Seven Pounds per Centum per Anumm [for the First Two hundred and fifty thousand Pounds and Eight Pounds per Centum per Annum] for the remaining Two hundred and fifty thousand Pounds.
XXXVII. C. 13. ante. Persons may lend Money to His Majesty not exceeding £500,000, at Rates of Interest herein mentioned.
And whereas by an Act of this present Session of Parliament several Duties upon Coals and Culm are granted to His Majesty Be it further enacted That it shal and may be lawful to and for any Person or Persons Natives or Foreigners Bodies Politick or Corporate to advance and lend unto His Majestie at the said Receipt of His Majesties Exchequer upon the Securities of the Moneys which from and after the Twenty fourth Day of June One thousand six hundred ninety eight shall arise of or for the said Duties upon Coals and Culm any Sum or Sums of Money not exceeding the Sum of Five hundred thousand Pounds and to have and receive for the Forbearance thereof Interest after the Rate of Seven Pounds per Centum per Annum for the First Hundred thousand Pounds and Eight Pounds per Centum per Ann for the remaining Four hundred thousand Pounds And moreover that no Money which shall be so lent or advanced as aforesaid shal be rated or assessed by virtue of any Act of Parliament whatsoever.
XXXVIII. Repayment of Monies, how secured.
Books provided; Tally of Loan to Lender, and Warrant for Interest; Orders for Repayment registered according to Date of Tally, and paid in course; Monies to come in by this Act, &c. liable to satisfy such Loans; No Fee for providing or making Books, &c; or for Payment of Money lent; Penalty; Punishment; Undue Preference by Officer; Penalty; Punishment; By Deputy; Penalty; Punishment; Auditor, Clerk of the Pells, or Teller not making Payment in due Order, Penalty; How all such Penalties to be recovered.
And to the end that all Money that shall be lent to His Majesty as well upon Credit of this Act as also upon Credit of the Act of the said Duties upon Coals and Culm may be well and sufficiently secured out of the Moneys arising by the same Be it further enacted by the Authority aforesaid That there shall be provided and kept in His Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipt Two several Books or Registers in which all the Moneys that shall be paid into the Exchequer for the Quarterly Poll hereby granted and for the said Duties on Coals and Culm shall be entred and registred apart and distinct from all other Money paid and payable to His Majesty upon any Account whatsoever And that all and every Person and Persons who shall lend any Money to His Majesty upon the Creditts aforesaid and pay the same into the Receipt of Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his or their Payment bearing the same Date with his or their Tally in which Order shall be also contained a Warrant for Payment of Interest for the Forbearance thereof not exceeding the Rates aforesaid for his and their Consideration to be paid every Three Months until Repayment of the Principal And that all Orders for Repayment of Money shal be registred in course upon the said respective Registers according to the Date of the Tallys 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 entred in the said Registers so as the Person Native or Foreigner his Executors Administrators or Assigns who shall have his Order [or (fn. 23) ] Orders first entred in the said respective Registers shall be accounted the first Person to be paid out of the Money coming into the Exchequer for dischargeing thereof (that is to say) by the Quarterly Poll hereby granted for one of the said Registers and by the Dutyes on Coals and Culm for the other Register hereby appointed to be kept as aforesaid And that he or they who shall have his or their Order or Orders next entred on the said respective Registers shall be taken and accounted to be the Second Person to be paid thereupon and so successively and in course And that the Money coming in by this Act and the Duties which from and after the said Four and twentieth [Day (fn. 25) ] of June One thousand six hundred ninety eight shall arise by the said Act on Coals and Culm shall be in the same Order liable to the Satisfaction of the [said (fn. 25) ] respective Parties their Executors Administrators or Assigns successively without Preference ( (fn. 26) ) one before another and not otherwise and not to be divertible to any other Use Intent or Purpose whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any His Majesties Subjects for providing or making of any such Books Registers Entries Views or Search in or for Payment of Money lent or the Interest thereof as aforesaid by any of His Majesties Officer or Officers their Clerks or Deputies on pain of Payment of double Damages to the Party agrieved by the Party offending with Costs of Suit or if the Officer himself take or demand any such Fee or Reward then to lose his Place also 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 Party offending shall be liable 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 And if such Preference be unduly made by his ( (fn. 27) ) Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor shall not direct the [Order (fn. 25) ] or the Clerk of the Pells Record and the Teller make Payment according to each Persons due Place and Order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending to be liable 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 of the Exchequer or any their Deputies or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoign Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed
XXXIX. Proviso where several Tallies bear Date or brought same Day.
Provided always and be it hereby declared That if it happen that several Tallys of Loan or Orders of Payment as aforesaid bear Date or be brought the same Day to the Auditor of the Receipt to be registred then it shal be interpreted no undue Preference which of those be entred first so he enters them all the same Day
XL. Paying subsequent Orders if first demanded no undue Preference, if sufficient reserved to satisfy the preceding Orders.
Provided also That it shall not be interpreted any undue Preference to incurr any Penalty in point of Payment if the Auditor direct and the Clerk of the Pells record and the Tellers to pay subsequent Orders of the 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 Orders in their Course so as there be so much Money reserved as will satisfy Precedent Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the Money is to be reserved and kept in Bank for them
XLI. Orders for Payment of Money lent may be assigned by Indorsement.
Memorial thereof without Fee; Assignee may in like manner assign.
And be it further enacted by the Authority aforesaid That every Person or Persons to whom any Money shall be due by vertue of this Act after Order entred in either of the Books of Register aforesaid for Payment thereof his Executors Administrators or Assigns by Indorsment of his Order may assign & transfer his Right Title Interest and Benefit of such Order or any part thereof to any other which being notified in the Office of the Auditor of the Receipt aforesaid & an Entry or Memorial thereof also made in the Books of Register aforesaid for Orders which the Officers shall upon Request without Fee or Charge accordingly make shall intitle such Assignee his Executors Administrators and Assigns to [the (fn. 28) ] Benefit thereof and Payment thereon and such Assignee may in like manner assign again and so toties quoties and afterwards it shal 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.
XLII. His Majesty may apply the Supplies of this Session, not exceeding £600,000, as herein mentioned.
And be it further enacted by the Authority aforesaid That it shall and may be lawful to and for His Majesty to make use of any Sum or Sums of Money (not exceeding Six hundred thousand Pounds in the whole) arising by any the Aids or Supplies granted or that shall be granted during this present Session of Parliament and not particularly appropriated for and towards dischargeing the Talleys of Pro or Assignment or other Talleys remaining unsatisfied on the Hereditary Branch of His Majesties Revenues of Excise upon Beer Ale and other Liquors and on that part of His Majesties Revenues of Excise of Beer Ale and other Liquors which is granted to His Majesty during His Life (which God preserve) or upon the Weekly Sum of Six thousand Pounds issuing out of the same and likewise on His Majesties Revenue arising within the General Letter Office or Post-Office or Office of Post-master General or upon the Weekly Sum of Six hundred Pounds issuing out of the same and for other His Majesties necessary Occasions or for satisfying such Moneys as have been or shall be borrowed to supply the same Any thing in this or any other Act of Parliament contained to the contrary notwithstanding.
XLIII. Recital of c. 10. §24. ante.
Allowance by Auditors, &c. of 3s. in the Pound in respect of Rents; Auditor, &c. unduly setting insuper; Penalty £100.
And whereas in an Act of this present Session of Parliament intituled An Act for granting to His Majesty One million four hundred eighty four thousand and fifteen Pounds One Shilling Eleven Pence Three Farthings for disbanding Forces paying Seamen and other Uses therein mentioned It is (amongst other things) provided and enacted That all and every Auditor Reeve or Receiver and their Deputy or Deputies who receive any Fee-Farm-Rent or other Chief Rents due to His Majesty or the Queen Dowager or to any Person or Persons claiming by any Grant or Purchase from or under the Crown shall abate and deduct ( (fn. 29) ) out of such Rents in proportion to the Rate to be taxed or assessed on the Lands or Hereditaments out of which such Rents shall be issuing or payable and many Doubts and Controversies are likely to arise between the said Auditors Reeves and Receivers and the respective Tenants and Owners of the said Lands or Hereditaments by reason of the uncertainty of the said recited Clause therefore for the further explaining and ascertaining the same It is hereby provided enacted and declared That all and every the said Auditors Reeves or Receivers and their Deputy or Deputies shall allow Three Shillings for every Pound of the said Rents and proportionably for any greater or lesser Sum to the Party and Parties so paying the same without any Fee for such Allowance upon the Penalty of Twenty Pounds to the Party grieved to be recovered as aforesaid And if any Auditor of the Revenues or any of them belonging to His Majesty or to Her Majesty Katherine the Queen Dowager or any Deputy or other Person acting for or on the behalf of any such Auditor shall in the Account of any Reeve Receiver or otherwise set insuper any Tenant or other Person or make any such Tenant or other Person or his or their Estate lyable to any Distress Forfeiture or Vexation whatsoever for any Sum or Sums of Money which by the true meaning of this Act ought to be allowed after the said Rate of Three Shillings in the Pound or shall refuse neglect or delay to allow and finally to discharge the same in the proper Accounts wherein the same ought to be allowed or discharged that then and for every or any such Offence every such Auditor or Deputy or Person acting for any such Auditor shall forfeit the Sum of One hundred Pounds to the Party grieved to be recovered as aforesaid And shall be also incapable to enjoy his Office or Place or any other Office or Place of Trust or Profit by from or under His Majesty or the said Queen Dowager.