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William III, 1698-9: An Act for granting an Aid to His Majesty by Sale of the forfeited and other Estates and Interests in Ireland and by a Land Tax in England for the severall Purposes therein mentioned. [Chapter II. Rot. Parl. II Gul. III. p.1.n.2.]

Pages 545-581

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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Citation:

In this section

Reasons for passing this Act.

All Lands, &c. in Ireland, whereof any Persons who are or shall be convicted of Treason or Rebellion, since 13th Feb. 1688, or before the end of Trinity Term 1701; or who died in actual Rebellion since the said 13th Feb. 1688; or any in Trust for them, were seized, &c. or whereof James II. was seized, &c. at his Accession; and all Judgments, &c. of which Persons so convicted, &c. were possessed, &c. on or since the said 13th Feb. 1688, vested in Trustees, &c; for the Purposes herein mentioned; Estates Tail, vested in said Trustees and their Heirs.

( (fn. 1) ) Whereas soon after Your Majesty and Your late Royall Consort of ever blessed Memory were gratiously pleased to accept the Crowne and Royal Dignity of this Kingdom and the Dominions thereunto belonging many of Your Majesties Subjects contrary to their Duty and Allegiance traiterously adhereing to Your Majesties Enemies levied and maintained within Your Realme of Ireland a desperate and bloody Warr and Rebellion against Your Majesties who by the Blessing of God upon Your Majesties Royall Conduct and Courage and the Assistance and very great Expence of Your Majesties English Subjects were reduced [un (fn. 2) ] to their due Obedience to the Crowne of England And whereas tis highly reasonable that the Estates of such Rebells and Traytors should be applyed in ease of Your Majesties faithfull Subjects of this Kingdome to the Use of the Publick Wee Your Majesties most dutifull and loyal Subjects the Commons in Parliament assembled most humbly beseech 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 Temporall and Co[m]mons in Parliament assembled and by the Authority of the same That all and every the Honours Mannors Baronies Castles Messuages Lands Tenements Rents Reversions Services Remainders Possessions Royalties Francheses Jurisdicc[i]ons Priviledges and Appurtenances thereunto belonging or in any wise apptaining Rights of Entry Rights of Action Tytles Condi[i]ons Uses Trusts Powers and Authorities Leases for Life Lives or Yeares Pentions Annuities Rent-charges and Hereditaments whether Free-hold Copyhold or of what Nature or Kind soever they be within the said Realme of Ireland whereof any p[er]son or p[er]sons who stand convicted or attainted of the said High Treason or Rebellion or other Treason Committed in Forreigne Parts since the Thirteenth Day of February One thousand six hundred eighty eight or who shall be convicted or attainted of any such Treason as aforesaid by or before the last Day of Trinity Terme which shall be in the Yeare of our Lord One thousand seaven hundred and one or who stand convicted or attainted of High Treason by reason of being found by Inquisition to have dyed or been slaine in actuall Rebellion since the said Thirteenth Day of February One thousand six hundred eighty and eight was or were seised or possessed or interested in or intituled unto on the Thirteenth Day of February One thousand six hundred eighty eight or at any time since in their owne Right or to their owne Use or whereof any other person or persons was or were seized or possessed or interested in to the Use of or in Trust for them or any of them on the said Thirteenth Day of February or at any time since or whereof the late King James the Second or any in Trust for him or to his Use was seized or possessed or interested in at the Time of his Accession to the Crowne of England and all Judgements Statutes Recognizances Extents Mortgages and Securities for Money Right of Redempcion of Mortgages or other Securities Debts of Record and other Debts Specialties Obligac[i]ons Goods and Chattells of what Nature or Kind soever which any of the said persons soe convicted or attainted or to be convicted or attainted were possessed of or interested in in their owne Right or any other in Trust for them or any of them stood possessed of or interested in on the said Thirteenth Day of February One thousand six hundred eighty eight or at any Time since shall be and are hereby vested and settled and adjudged declared and taken to be in the actuall and reall Possession and Seisin of Sir Cyrill Wyche Knight Francis Annesly Esquire James Hamilton Esquire John Baggs Esquire John Trenchard Esquire John Isham Esquire [Henry Langford Esquire James Hooper Esquire (fn. 2) ] John Cary Gentleman Sir Henry Sheeres Knight Thomas Harrison Esquire William Fellowes Esquire and Thomas Rawlins Esquire (Trustees nominated and appointed for putting in Execucion the Powers and Authorities herein after enacted relateing to the said forfeited and other Estates and Interests in Ireland) and their Heires Executors Administrators and Assignes respectively from the Second Day of November One thousand six hundred ninety and nine according to the severall Estates and Interests which the said Persons convicted or attainted or to be convicted or attainted or any in Trust for them or any of them or to their or any of their Use or Uses had therein on the said Thirteenth Day of February One thousand six hundred eighty eight or at any Time afterwards or the said late King, or any in Trust for him, had in any of the Premisses at the Time of His Accession to the Crowne of England to the End the same may be bargained, sold, disposed of and applied by the said Trustees, and the Survivors of them to and for such Uses, Intents, and Purposes as are herein after expressed, mentioned, and declared: And where any of the Person or Persons aforesaid were seised of an Estate Tail only in the said Honours, Mannors, Baronies, Castles, Messuages, Lands, Tenements, Hereditaments, or other the Premisses, either in Possession, Reversion, or Remainder, the same are hereby enacted and declared to be vested in the said Trustees and their Heires, in Feesimple, to the End the same may be absolutely sold, and disposed of, as aforesaid; Any thing herein before contained to the contrary thereof in any wise not withstanding

II. All Grants, Demises, Custodiams, or Dispositions since the said 13th Feb. 1698, under the Great Seal of England or Ireland, &c. void.

And for the avoiding all Grants, Alienations, and Dispositions at any time since the said Thirteenth Day of February, One thousand six hundred eighty eight made or granted of the said forfeited or forfeitable Estates or Interests, or of any other the Premisses, or any Part or Parcell thereof, or of all or any the Quitt-Rents, Crowne-Rents, CompositionRents, or Cheifries belonging to the Crowne of Ireland, Be it enacted That all and every Grant, Demise, Surrender, Release Custodiam, Lease, Confirmation, or other Alienation or Disposition whatsoever at any time since the said Thirteenth Day of February, One thousand six hundred eighty eight, made, or granted, or menc[i]oned to be made or granted under the Great Seale of England or Ireland, or Seale of the Exchequer in Ireland, or by any Act or Acts of Parliament in Ireland, or otherwise, of any of the said forfeited or forfeitable Estates or Interests, or of the Estate of the said late King James, or any Part thereof, or of any the Quitt-Rents Crowne-Rents CompositionRents or Chiefries belonging to the Crowne of Ireland, shall be and are hereby declared to be null and void to all Intents, and Purposes whatsoever

III. But not to make such Grantees accountable for the Profits of such Lands, Tenements, &c. by them received by or before the said 2d Nov. 1699.

Provided nevertheless, that nothing herein contained shall be construed or taken to make any such Grantees, their Heires, Executors, Administrators, or Assignes, accountable for the Rents, Issues, and Profitts of any such Honours, Mannors, Baronies, Castles, Messuages, Lands, Tenements, Rents, and Hereditaments by them or any of them had received or taken, by or before the said Second Day of November, One thousand six hundred ninety and nine, but that they, and every of them, may have, retaine, keepe, and possesse the same to their owne Uses aswell against Your Majesty, Your Heires and Successors, as against the said Trustees herein before named, and the Survivours of them, and the Heires, Executors, and Administrators of such Survivor, without any Account to be rendred for the same

IV. Proviso for Persons having any Right or Interest in any of the said Estates, and for new Grants thereof.

Provided alwaies, and be it enacted by the Authority aforesaid, That if any Person or Persons haveing any Estate, Right, Title, or Interest, in or to any of the Estates or Interests, so as aforesaid vested in the said Trustees before and upon the said Thirteenth Day of February One thousand six hundred eighty eight, or if the Heires, Executors Administrators, or Assignes of any such Person or Persons have or hath surrended or released unto His Majesty and the late Queene, or unto His Majesty, such Estate, Right, Title or Interest, and since accepted from His Majesty and the said late Queene, or from His Majesty, any new Grant or Demise thereof, every such Person is hereby declared to be restored to the same Estate, Right, Title or Interest, which he might or would have had in or to such Premisses, if no such Surrender or Release had been made; Any thing herein before contained to the contrary thereof in any wise notwithstanding

V. Proviso for Estate which any Persons adjudged to be comprised within the Articles of Limerick or Galloway or their Heirs, &c. have or may claim to any Part of the forfeited Premises.

Provided alsoe, That nothing herein before contained shall be construed to take away, impeach, or prejudice any Estate Right, Title, Interest, Claime or Demand whatsoever, which any Person or Persons who by vertue or in pursuance of any pretended Authority, Power or Jurisdicc[i]on of the Councill-Board in Ireland, or of any Co[m]mission under the Great Seale of Ireland for that Purpose, hath or have beene adjudged to be comprised within, or to be intituled unto the Benefitt of the Articles of Limerick or Galloway) or the Heires, Executors, Administrators, or Assignes of any such Person or Persons had, have hath or may claime, in [to (fn. 3) ] or out of any Part of the said forfeited or forfeitable Premisses; and for composeing the Minds of all Your Majesties Subjects concerned therein, every such Adjudicacion is hereby confirmed.

VI. Proviso for Personal Estate of Persons submitting to Their Majesties Authority.

Provided alsoe, That nothing herein contained shall impeach or prejudice any Property or Interest of any Person or Persons in or to any Goods or Personall Chattells whatsoever, who, in pursuance of any Declarac\?\on of Their Majesties, submitted to their Majesties Authority, by the time therein p[re]scribed, upon any Assurance therein contained, to be secured in their Goods, and all their Chattells personall whatsoever, in case of such Submission.

VII. Trustees to take Oaths appointed by 1 W. & M. c. 8. § 12. and Oath herein mentioned.

Provided alsoe, and be it enacted by the Authority aforesaid That no Person herein before nominated a Trustee shall be capable of acting in such Trust, before he shall take the Oaths appointed by an Act made in the First Yeare of the Reigne of His present Majesty and the said late Queene, intituled An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths; and alsoe one other Oath in the Forme, or to the Effect following (that is to say)

I A. B. do sweare, that I will faithfully, and impartially, according to the best of my Skill and Knowledge, execute the Trust reposed in me by an Act of Parliament made in England in the Eleaventh Yeare of His Majesties Reigne, intituled An Act for granting an Aid to His Majesty, by Sale of the forfeited and other Estates, and Interests in Ireland; and by a Land Tax in England, for the severall Purposes therein menc[i]oned: And will likewise according to the best of my Skill and Knowledge faithfully and impartially execute all and every the Powers and Authorities in the said Act, so farr as they relate to me, as one of the Trustees therein named without Favour or Affeccion, Prejudice or Malice: And that I will not directly or indirectly, receive or take any Fee or Reward for any thing whatsoever to be done in execuc[i]on of the said Act (except only what shall be granted or allowed me by the said Act, or by any other [Act of (fn. 3) ] Parliament of England:] And that I will not in my owne Name or in the Name of any Person or Persons in Trust for me, Purchase of or from the said Trustees, or any of them, any Lands Tenements or Hereditaments, or any Reall or Personall Estate whatsoever vested by the said Act in the said Trustees, for the Purpose therein expressed: And that I will not directly or indirectly have any Part, Share, or Interest, or make any Benefitt by any Discovery of any forfeited Estate or Interest, which shall be made in pursuance of this Act.
So help me God.

The said Oaths to be administered by any Two or more of the Trustees. The Trustees to appoint Registers, Clerks, &c., and Salaries, Fees, &c; The said Registers, &c. to take an Oath herein mentioned; Seven Trustees may meet and act at such Places in Ireland as they shall think fit; and may send for Persons, Writings, &c. in Ireland, without Fee; and may administer Oath; Sheriffs, &c. to obey their Orders; Seven Trustees may proceed summarily, by Examinations on Oath, &c; and are to inform themselves of Names of Persons convicted, &c; and of Estates forfeited; and of Incumbrances on such Estates; Persons neglecting, &c. to appear, &c. committed; Officers not obeying; Penalty.

Which Oaths hereby prescribed, shall and may be administred by any Two or more of the said Trustees, to any other of the said Trustees, and Memorialls thereof shall be entred and registred in the Books hereby appointed to be kept for entring and registring the Acts and Proceedings of the said Trustees; and the said Trustees, or any Seaven or more of them, are hereby authorized to appoint, and imploy such Persons whom they shall think proper, to be, during the Pleasure of the said Trustees, or any Seaven, or more of them, Registers, Clerks, Surveyors, Messengers, or other necessary Officers for their Assistance in the Execution of this Act: Which Registers, Clerks, Surveyors, Messengers, and Officers, are hereby required faithfully to execute and performe the Trust in them respectively reposed, without takeing any thing for such their Service, (other than such Fees, Salary, or Reward as the said Trustees, or any Seaven or more of them shall think fitt to direct and appoint in that behalfe;) and every such Register, Clerke, Surveyor, Messenger, and Officer before he enteres upon the Execution of his Imployment, shall take an Oath before the said Trustees, or any Two or more of them (which Oath they or any Two or more of them, are hereby authorized to administer) for his true and faithfull Demeanor in all things relateing to the Trust in him reposed by the said Trustees; and that he will not purchase directly or indirectly in his owne Name, or in any others in Trust for him, any Part of the Premisses herein before vested in the said Trustees; nor directly or indirectly have any Part, Share, or Interest, or make any Benefitt by any Discovery of any forfeited Estate or Interest, which shall be made in pursuance of this Act. And for the better Execution of this Act, the said Trustees, or any Seaven or more of them, shall and may meet and act from time to time, with or without Adjournment, and at such Place or Places within the said Realme of Ireland, as they or any Seaven or more of them shall think fitt and convenient; and shall and may send their Precept or Precepts for any Person or Persons whatsoever within the said Realme of Ireland, and for all such Books Papers, Writings, and Records, (without any Fee or Reward to be paid for the same) as they shall think necessary for their Information in any thing relateing to this Act; and shall and may detaine in their Custody such Books, Papers, Writings, and Records soe long as they shall have Occasion for the same, and then returne the same to such Persons to whom they respectively belong; and shall and may administer Oaths for the better Discovery of the Truth of the Inquiries by them to be made, to any Person or Persons therein concerned, or to any other Person or Persons whatsoever. And all Sheriffs, Bayliffs, Constables, and other His Majesties Officers, are hereby required to obey and execute such Orders and Precepts as shall be sent to them, or any of them, by the said Trustees, or any Seaven or more, of them; And the said Trustees, or any Seaven or more of them, are hereby impowered, and shall and may summarily, and without the Formalities of Proceedings in Courts of Law or Equity, proceed, act and determine by and upon the Testimony of Witnesses, upon Oath, Examination of Parties interested upon their Oaths, Inspection and Examination of Deeds, Writings and Records, or by all or any of the said Waies, or otherwise according to their Discretions: And the said Trustees, or any Seaven or more of them, are hereby impowered and required by any such Waies and Meanes, as aforesaid as soone as conveniently may be, to inquire and informe themselves, and to make a Registry in Books, which they shall provide for that purpose, of the Names of all such Persons convicted or attainted, or who-shall be convicted or attainted as aforesaid, and of all Reall and Personall Estates and Interests by this Act vested in the said Trustees, and by whom any such Estate or Estates was or were respectively forfeited or forfeitable, and of what Estate or Interest every such Person convicted or attainted, or who shall be convicted or attainted as aforesaid, had in any of the said Premisses, on the said Thirteenth Day of February, One thousand six hundred eighty eight, or at any time afterwards, and of all Incumbrances whatsoever, to which any of the said forfeited or forfeitable Estates, or other the Estate and Premisses were liable or subject, before and upon the said Thirteenth Day of February, One thousand six hundred eighty eight; and in case any ( (fn. 4) ) Person or Persons summoned to appeare before the said Trustees, for Discovery of the Premisses shall neglect or refuse to appeare, or be examined as aforesaid then it shall and may be lawfull to and for the said Trustees, or any Seven or more of them, to committ the Person or Persons so neglecting or refuseing as aforesaid to the Common Goal of the County, there to remaine without Bail or Mainprize, untill such Person or Persons shall conforme themselves and submitt to be examined as aforesaid: And if any Officer or Officers shall neglect or refuse to give Obedience to the Precepts and Orders of the said Trustees, or any Seaven or more of them, for the due Execution of this Act, then and in such case it shall and may be lawfull to and for the said Trustees, or any Seven or more of them, to impose any Fine upon such Officer or Officers, not exceeding Forty Pounds for any one Offence.

VIII. Reasons for this Enactment.

Persons discovering Debts due to convicted Persons (Exception) and paying Two Thirds, discharged of the intire Debt; Neglecting to make such Discovery, Penalty; Allowance to Persons possessed of Goods of Persons; convicted, &c. and discovering same. Neglecting to discover same; Penalty; Trustees may compound for Debts, &c. discovered; Trustees may settle Debts secured by Penalties, &c; Allowance to other Persons discovering Estate concealed; Trustees to certify Names of Discoverers, and Allowances to Lords Justices, or Chief Governor of Ireland, who are to pay the same.

And for encourageing all and every Person and Persons whatsoever, any waies indebted or liable to pay any such Summe of Money to any such forfeiting Person as aforesaid, upon or at any time since the said Thirteenth Day of February One thousand six hundred eighty eight, to make a speedy Discovery and Payment thereof to the said Trustees, or such Persons whom they shall appoint to receive the same: Bee it enacted That every such Person who shall before the First Day of November, One thousand seaven hundred, make a full and true Discovery to the said Trustees in Writing of any such Debt or Summe of Money, so due and payable to any Person or Persons convicted or attainted of the said [High (fn. 5) ] Treason (not being a Debt by Judgment, Statute, or Recognizance) and pay Two third Parts thereof, at such time, and in such manner, as shall be directed by Warrant of the said Trustees or any Seaven or more of them, shall be released and discharged of the intire Debt or Summe of Money so due or payable as aforesaid: But every Person and Persons so indebted, or liable as aforesaid, who shall neglect to make such Discovery to the said Trustees, before the said First Day of November, One thousand seaven hundred shall forfeite double the Value of such Debt or Su[m]me of Money And every Person or Persons, who were or have beene possessed of any Personall Goods or Chattells, of or belonging to any such Persons convicted or attainted, as aforesaid, on the said Thirteenth Day of February, One thousand six hundred eighty eight, or at any time since, or shall be thereof possessed before the said First Day of November, One thousand seaven hundred, are hereby strictly charged and required, to discover and make knowne the same to the said Trustees, before the said First Day of November, One thousand seaven hundred; And the said Trustees, or any Seaven or more of them, shall and may thereupon allow to every Person soe discovering the same, One full Fourth Part out of the said Goods, or the Proceed thereof; But all and every Person and Persons neglecting to discover the same before the said First Day of November, One thousand seaven hundred, shall for such Offence, forfeite Double the Value of such Goods or Chattells; And the said Trustees, or any Seaven or more of them, are hereby authorized and impowered to make any such Compositions or Agreements touching any such Debts, Goods, or Chattells, soe as aforesaid to be discovered, as the said Trustees or any Seaven or more of them, shall in any such Case, on due Consideration of the Nature thereof, or Circumstance of the Parties concerned therein, think fitt and reasonable: And where any of the Debts are secured by Penalties, or are due and owing upon Accounts not adjusted, the said Trustees or any Seaven or more of them, are hereby authorized to state settle and determine the same; And for an Encouragement to all and every Person and Persons not soe indebted, nor possessed of any such Personall Goods or Chattells as aforesaid, who shall att any time after the said First Day of November, One thousand seaven hundred, discover to the said Trustees, or any Seaven or more of them, any Lands Tenements, Hereditaments, Debts, Goods, Chattells, Reall or Personall Estate whatsoever concealed untill the time of such Discovery, whereof or wherein any Person or Persons convicted or attainted, or who shall be convicted or attainted, as aforesaid, or any others in Trust for them or any of them, was or were possessed or interested within the said Realme of Ireland, on the said Thirteenth Day of February, One thousand six hundred eighty eight, or att any time since, every such Person who shall make any such Discovery, shall have and receive for his Reward, Five Shillings out of every Twenty Shillings, or the Value thereof, in Personall Estates soe discovered, after Seizure Recovery or Receipt thereof, or the Value thereof, by the said Trustees, or any other Persons by them or any Seaven or more of them, authorized and appointed to receive the same, and out of all Lands, Tenements, and Hereditaments of the yearely Value of Twenty Shillings soe discovered, after Sale thereof, by the said Trustees or any Seaven or more of them, any such Proportion, not exceeding a Fourth Part of the Value thereof, as the said Trustees, or any Seaven or more of them shall think fitt And the said Trustees, or any Seaven or more of them shall, under their Hands and Seales, certifie unto the Lords Justices, Lieutenant Generall, Deputy or other Chiefe Governor or Governours of the Kingdome of Ireland for the time being, the Names of every Person who shall make any such Discovery to them, and the Su[m]mes every such Person is intituled unto by reason thereof; And the said Chiefe Governour or Governours are hereby required upon the Receipt of such Certificate, without any other Warrant or Authority whatsoever, to cause Payment to be made to such Discoverers, of such Summes as shall be soe certified to be due, out of such respective Summes of Money as shall be paid into the Receipt of His Majesties Exchequer of Ireland, by reason of such respective Discoveries.

IX. Proviso for Sales of Goods sold under His Majesty's Commission.

Provided neverthelesse, That where any Goods or Personall Chattells have been really and bona fide sold, in pursuance of any Commission of His Majestie and the late Queene, and the Moneys ariseing by any such Sale or Sales, have been really and bona fide answered and paid to His Majesty and the late Queene, or to His Majesty, every such Sale and Sales is, and are hereby declared to be good and valid; Any thing herein before contained to the contrary thereof in any wise notwithstanding.

X. Proviso for Persons not convicted or attainted before the last Day of Trinity Term 1701.

And for the further extending and manifestation of Your Majesties Royall Clemency, and indulgent Grace and Favour to all Your Majesties Subjects whatsoever, who have been engaged in the said Rebellion and doe not at present stand convicted or attainted thereof, or shall not be convicted or attainted thereof before the said last Day of Trinity Terme, in the Yeare, One thousand seaven hundred and one: And to the Intent such of Your Majesties Subjects may be in some reasonable time quieted from the Terrour and Apprehension of any Prosecution for or by reason of the said Rebellion: And that Industry may be thereby incouraged within the said Kingdome, Bee it further enacted by the Authority aforesaid That no Person or Persons whatsoever shall att any time after the said last Day of Trinity Terme in the Yeare One thousand seaven hundred and one, be prosecuted, indicted or tryed for any High Treason by him or them committed during the said late Rebellion in Ireland.

XI. All Persons (Exception) claiming Rights in forfeited Estates before 13th Feb. 1688 are by 10th Aug. 1700, to enter their Claims thereunto; or in default thereof, such Right, Title, &c. to be void.

How the Claims of Infants, Feme-Coverts, Idiots, and Lunatics to be made.

And that no Person or Persons whatsoever haveing any Estate, Right, Title or Interest in Law or Equity, in to or out of any of the said forfeited or forfeitable Estates or Interests, or any other the said Estates or Premises before the said Thirteenth Day of February One thousand six hundred eighty eight, may be in any respect whatsoever prejudiced by this Act: Bee it enacted by the Authority aforesaid, That all and every Person and Persons whatsover, Bodies Politick and Corporate (other than and except the Kings Majesty, His Heires and Successors, and all and every Person and Persons claimeing by, from, or under the Kings Majesty, and the late Queene, or His Majesty alone; and other than and except all such forfeiting Persons as aforesaid, and the Heires, Executors, Administrators and Assignes of every of them, and all and every Person and Persons haveing or claimeing any thing in the Premisses, or any Part thereof, by from or under them, or any of them, or to the Use of or in Trust for any such forfeiting Persons, or their or any of their Heires, Executors or Administrators and except such Persons who have or may claime any Estate which was or is in Reversion or Remainder expectant on the Determination of any Estate Tayl, whereof any forfeiting Person was seized as aforesaid, on the said Thirteenth of February, One thousand six hundred eighty eight, or att any time since) haveing any Estate, Right Title, Interest, Use, Trust, Possession, Reversion, Remainder, Office, Annuity, Service, Rent, Debt, Benefitt, Charge or Incumbrance whatsoever in Law or Equity in, to, out of, or upon any Honours, Mannors, Baronies, Castles, Messuages, Lands, Tenements or Hereditaments whatsoever, or to any Reall or Personall Estate, or any other the Premisses whatsoever within the said Realme of Ireland, herein before vested in the said Trustees, before the said Thirteenth Day of February, One thousand six hundred eighty eight, for or by reason of any Settlement, Conveyance Judgment, Statute, Recognizance, Extent, or other Debt Charge, or Incumbrance affecting the same Estate, before the said Thirteenth Day of February, One thousand six hundred eighty eight, shall on or before the Tenth Day of August One thousand Seaven hundred, enter all their respective Claimes and Demands thereunto, before the said Trustees, or any Seaven or more of them, in such manner as is herein after mentioned; or in Default thereof, every such Estate, Right, Title, Interest, Use Possession, Reversion, Remainder, Office, Annuity, Service Rent, Debt, Benefitt, Charge and Incumbrance in, to, and out of, or upon the said Premisses or any part thereof, shall be, and is hereby declared to be void and of no Effect to all Intents and Purposes whatsoever; and the Estate or Estates soe as aforesaid lyable thereunto, or charged therewith, shall from thenceforth be freed acquitted and discharged of and from the same; And all such Claimes and Demands of Infants, shall and may be made by their Fathers or Guardians, or any other Persons on their Behalfe And all Claimes of Feme-Coverts by their Husbands and all Claimes of Madmen, Idiots or Lunaticks, by such Person or Persons under whose Care and Custody they are or shall be att the time of the entring such Claime.

XII. Claims to be tendred to Trustees, signed by Party: Claimant to express his Demands, and how grounded; and the Circumstances of Incumbrances;

Claim to be entered; and be heard and determined by the Trustees before 25th March 1701.

And to the Intent that all such Claimes may be fairly made heard and determined Bee it further enacted by the Authority aforesaid That all such Claimes shall be made and tendred to the said Trustees or any Seaven or more of them, written in Parchment, and signed by the Party making the same, or such other Person or Persons on his, her or their Behalfe as aforesaid, and such signeing shall be testified by Three or more credible Witnesses, who shall subscribe their Names thereunto, to attest the same; And every Claimant shall therein particularly expresse all such Estate Right, Title, Interest, Use, Possession, Reversion, Remainder Office, Annuity, Service, Rent, Debt, Benefitt, Charge or Incumbrance he hath, demands or claimes, or pretends to have, demand or claime in, to, out of, or upon any Part of the Premisses, and by and under, or by vertue of what Grant Gift, Settlement, Conveyance, Security, Title or Incumbrance he or they doe claime the same; And if such Party Claimant hath, demands or claimes any Estate, Right, Title, or Interest in or to any Part of the Premisses, by vertue of any Incumbrance for any Debt or Su[m]me of Money whatsoever, such Party shall alsoe in his Claime sett forth such Incumbrance, and the Dates and Contents thereof, and the Witnesses thereto, and if the same be recorded, when and where the same was entred of Record, and whether such Debt or Su[m]me of Money was and is really due, and remaines wholly unpaid or unsatisfied, or what Part, or how much thereof hath beene really and truly paid or satisfied, by Money paid, Perception of Profitts, or by any other Waies or Meanes howsoever; And every such Claime shall be transcribed by Order of the said Trustees, and entred in Books to be provided and kept by them for that Purpose, as a perpetuall Memoriall thereof and the said Trustees, or any Seaven or more of them, are hereby impowered and required, according to the best of their Discretions, to heare, determine, and adjudge every such Claime or Demand, att any time or times after the Entry thereof, and before the Five and twentieth Day of March, One thousand seaven hundred and one; And for preventing any Surprise therein, the said Trustees, or any Seaven or more of them, are hereby charged and required to appoint some reasonable time when they intend to proceed upon any such Claime, in order to the Determination thereof

XIII. Claimants to answer Claims and produce Writings, &c. upon Oath.

Regulation as to administering any Oath where Party resides in England, or in Ireland; If Claim not allowed, Claimants barred.

And be it further enacted by the Authority aforesaid, That every Party Claimant shall, if required by the said Trustees, or any Seaven or more of them, upon Oath answer to the Truth of his Claime, and upon Oath produce before the said Trustees, or any Seaven or more of them, att their hearing such Claime, all such Deeds, Writings, and Evidences as are in his Custody or Power, any waies concerneing the said Claime, which Oaths (aswell to the Party Claimant, as to the Witnesses to the Deeds or Writings by vertue whereof he makes his Claime) may be administred to any Person or Persons resideing in England, by any of the Judges of the Courts of Kings Bench, Common Pleas, or Exchequer att Westminster, and to Persons resideing in Ireland by any Seaven or more of the said Trustees; And if such Claime or Demand shall not be allowed by the said Trustees, or any Seaven or more of them, the Party claiming his Heires, Executors, Administrators and Assignes, or any claimeing by from or under them, or any of them, shall be for ever debarred and without Remedy; And the said Trustees or any Seaven or more of them, shall or may in such Cases dispose of such Writings, Deeds or Evidences, in such Manner as to them shall seeme meet and convenient

XIV. Persons knowingly making false Claims, Penalty.

Witnesses forswearing themselves, Punishment; Claimants making good their Claims,; Trustees to allow the same.

And be it further enacted by the Authority aforesaid, That if any Person or Persons whatsoever, shall knowingly and fraudulently claime by or under any forged Deed or satisfied Security, Mortgage or Incumbrance, or demand any greater Debt or Su[m]me of Money than is really due, or any other larger or better Estate than really and bona fide he hath, or is intituled unto, every such Person or Persons shall forfeite for such Offence double the Value of the Estate, Debt, or other thing soe claimed, the same to be ascertained by the said Trustees, or any Seaven or more of them; And if any Witnesse produced and sworne before the said Trustees, or any Seaven or more of them, shall be wilfully and corruptly forsworne, in order to support any such Claime, as aforesaid, every such Witnesse being thereof lawfully convicted, shall incurr the Paines and Penalties enacted in case of willfull and corrupt Perjury, and shall suffer Six Months Imprisonment without Baile or Mainprize; And if the Party claimant shall, upon the hearing any Claime prove the same by good and sufficient Proofe upon Oath or otherwise, as the Nature of the Case shall require, to the Satisfaction of the said Trustees, or any Seaven or more of them the said Trustees, or any Seaven or more of them, are hereby required to allow such Claime.

XV. Trustees taken to be a Court of Record; their Judgement to be recorded in Books of Parchment, and be final, notwithstanding Disability in Claimants.

And be it enacted by the Authority aforesaid, That the said Trustees, or any Seaven or more of them, for the Execution of the Powers and Authorities relateing to such Estates and Claimes, as aforesaid, shall be, and shall be taken to be a Court of Record; And every Judgment, Determination or Decree, which the said Trustees, or any Seaven or more of them shall make by Authority of this Act, shall be fairly entred of Record in Books of Parchment, to be provided by the said Trustees for that Purpose, and shall be obeyed by all Persons concerned therein respectively, and shall be finall, and shall conclude and bind all and every Person and Persons, their Heires, Successors, Executors Administrators and Assignes respectively, notwithstanding any Disability in respect of Coverture, Infancy, Non-Sanity of Memory, or other Matter or Thing whatsoever; And all Infants, Feme-Coverts, Ideots, Persons of Non Sane Memory or beyond the Seas, Corporations, and all other Persons Bodies Naturall and Politick, their Heires and Successors and their respective Interests, shall be bound and concluded by such Judgment, Determination, or Decree according to the Tenour or Purport thereof, Any Law Statute, or Custom, or other Matter or Thing to the contrary notwithstanding

XVI. Claims allowed to be certified by Trustees, if required, under their Hands and Seals; such Certificate, or a Copy of Decree, allowed as Evidence; and all Rights, Interests, or Incumbrances so allowed, never after to be called in question.

Proviso.

And be it further enacted That in all Cases whatsoever, where the said Trustees, or any Seaven or more of them shall allow any such Claime the said Trustees, by whom such Claime shall be allowed, shall for the Satisfaction and better Security of such Party Claimant, his Heires, Executors, Administrators or Assignes, give a Certificate thereof, if required, under their Hands and Seales containing the Substance and Purport of such Claime, and the Allowance thereof, or any Part thereof (which Certificate, or any Copy of the Entry of the Decree or Judgment of the said Trustees or any Seaven or more of them in their Books shall be in all Courts allowed as a sufficient Evidence of the Allowance of any such Claime) And such Estate, Right, Title Interest, Use, Possession, Reversion, Remainder, Office Annuity, Service, Rent, Debt, Benefitt or Incumbrance, which shall be soe allowed, shall never afterwards be impeached, avoyded or called in Question by the Kings Majesty, His Heires or Successors, or by any Person or Persons claimeing by, from, or under the Kings Majesty, His Heires or Successors, or by the said Trustees, or any of them, or any Person or Persons, who shall att any Time or Times hereafter purchase derive, or have any Estate, Right, Title, or Interest, by, from, or under them, or any of them; neverthelesse the same shall be subject to the Power herein after given to the said Trustees, or any Seaven or more of them concerning the same.

XVII. Conveyances of Lands in Ireland, since 29th May 1686, by Persons since convicted or attainted, being Private Trusts, (Exception) declared fraudulent; so voluntary Assurances since 29th May 1686; and no Claim allowed thereupon.

And be it further enacted, That all Conveyances and Assurances whatsoever of any Honours, Mannors, Baronies, Castles, Lands, Tenements, Hereditaments or Reall Estate whatsoever, within the said Realme of Ireland, made att any Time after the Nine and twentieth Day of May, One thousand six hundred eighty six, by any Person who hath been since convicted or attainted, or shall be convicted or attainted, as aforesaid, unto, or for his owne Use, or unto, or for the Use of his Wife, or any of his Children or in Trust for himselfe, his Wife, or any of his Children (other than such as were made bona fide before Marriage, or in Performance of any Covenant, or Agreement made and reduced into Writing before Marriage) and alsoe all voluntary Assurances and Conveyances whatsoever, made att any Time since the said Nine and twentieth Day of May, One thousand six hundred eighty six, by any such Person, are hereby declared to be, and shall for ever hereafter be deemed and taken to be fraudulent; And no Claime whatsoever, which any Person or Persons whatsoever, shall make by or under any such Assurance or Conveyance, shall be att any Time hereafter allowed by the said Trustees, or any Seaven or more of them

XVIII. Incumbrances satisfied by, or assigned to other Persons, allowed for so much as was really paid thereupon. Debtors to such convicted or attainted Persons; who have before 10th March 1699 satisfied such Debts to any Grantees from the Crown, of such forfeited Estates; discharged for what was really paid.

Such Grantees, &c. to repay the Monies so received into the Exchequer in Ireland, by 24th Aug. 1700, deducting Expences; Refusing to make such Repayment; Penalty.

And be it further enacted, That if any Claime shall be made, in respect of any such Incumbrance, as aforesaid, upon any of the said forfeited or forfeitable Estates or Interests, which Incumbrance hath beene paid or satisfied by, or assigned to, or in Trust for any Person or Persons whatsoever, the said Trustees shall allow the same to be an Incumbrance, as for soe much only as was really and bona fide paid, to satisfie, discharge, or procure an Assignment of any such Incumbrance: And that no Person or Persons whatsoever, haveing beene Debtor or Debtors, or subject or liable either in his, her or their Persons or Estates, or otherwise howsoever, to the Payment of any Su[m]me or Su[m]mes of Money whatsoever, to any such Person or Persons convicted or attainted, as aforesaid, by vertue of any Mortgage, Judgment, Execution, Statute, Recognizance Extent Obligation, Contract, Trust or otherwise, who hath, or have really and bona fide payed or satisfied, or shall, before the Tenth Day of March, One thousand six hundred ninety nine, pay or satisfie any such Debt or Debts, or any Part thereof, or any Su[m]me or Su[m]mes of Money whatsoever, to any Person or Persons, haveing, claimeing, or pretending any Right, Title, or Interest whatsoever in or to the same, by virtue of any Grant, Assignement, Privy Seale, Warrant Letter, or other Disposition of what Nature soever, of or from His present Majesty and the late Queene, or of or from His Majesty only, or to the Executors, Administrators, or Assignes of any such Grantee or Grantees, may be subject to any Repayment thereof, by reason of this Act every such Payment or Satisfaction is hereby declared and enacted, as to the Party paying the same, and the respective Lands, Tenements, Goods and Chattells subject thereunto, to be a good and sufficient Payment and Discharge of, and for soe much as was really and bona fide paid and satisfied to any such Grantee or Grantees, Assignee or Assignees thereof, his, her or their Executors, Administrators or Assignes, [neverthelesse it is hereby enacted & declared that every such Grantee & Grantees Assignee & Assignes thereof his her & their Executors Administrators and Assignes (fn. 6) ] and all and every other Person and Persons whatsoever, who have received any such Debt or Debts, or any Part thereof, or any such Su[m]me or Su[m]mes of Money whatsoever, or other Satisfaction thereof, or in part thereof, to or for their owne Use or Benefitt shall be, and are hereby declared to be respectively lyable and are hereby required to repay every such Debt or Debts Su[m]me or Su[m]mes of Money whatsoever soe by him, her or them respectively received (the necessary Costs of Suite for recovering any such Debt or Su[m]mes of Money, to be ascertained by the said Trustees, or any Seaven or more of them, being thereout first deducted) into the Receipt of His Majesties Exchequer in Ireland, on or before the Four and twentieth Day of August, One thousand seaven hundred; And all and every Person and Persons lyable to any such Repayment as aforesaid, who shall refuse or neglect soe to repay such Debt or Debts, Su[m]me or Su[m]mes of Money, before the said Four and twentieth Day of August shall for such Offence forfeite Double the Su[m]me, soe as aforesaid required to be paid.

XIX. Trustees, upon Certificate of Payment of such Monies into the Exchequer, to discharge Parties so paying the same, in Manner herein mentioned.

And for secureing all Persons who shall in pursuance of this Act pay any Su[m]me of Money heretofore due, or payable, or secured to or for any such forfeiting Persons, as aforesaid, or to or for any of their Heires, Executors, or Administrators, by vertue of any Settlement, Conveyance, Assurance, Mortgage, Security, Judgment, Statute, Recognizance, Extent Obligation or Incumbrance, or by any other Waies or Meanes howsoever Bee it further enacted by the Authority aforesaid, That the said Trustees, or any Seaven or more of them, shall and may, and they are hereby required to direct the Payment of every such Su[m]me and Su[m]mes of Money into the Receipt of His Majesties Exchequer in Ireland; And on Certificate of the Receipt thereof from the proper Officer or Officers (who are hereby respectively required to give such Certificates without any Fee or Reward to be paid for the same to every Person paying any such Su[m]me or Su[m]mes of Money) the said Trustees, or any Seaven or more of them, are hereby impowered and required to discharge the Parties who shall pay such Su[m]me or Su[m]mes of Money, their Heires, Executors, Administrators, or Assignes and all and every their Lands, Tenements, Goods and Chattells subject thereunto, by assigneing or vacateing any such Securities or Obligations, or acknowledging Satisfaction thereof, or otherwise, as the Nature of such particular Case shall require.

XX. Trustees to secure the Personal Goods and Chattels so vested in them, and make an Inventory thereof; and by whom forfeited; and (being appraised upon Oath) to sell the same by Auction.

Notice thereof; Trustees may expose such Goods to Sale at a lower Rate than Appraisement; Trustees to enter Contracts, &c. in their Books.

And to the Intent the Personall Goods and Chattells herein before vested in the said Trustees may be disposed of, and the Value thereof applyed for such Publick Uses as are herein after mentioned Bee it further enacted by the Authority aforesaid, That the said Trustees, or any Seaven or more of them, shall, as soone as conveniently may be, use their utmost Endeavours to secure all such Goods and Personall Chattells in such Places and in the Custody of such Persons as shall be thought most proper by the said Trustees, for preventing any Losse or Imbezelment thereof, and shall make or cause to be made, a true and perfect Inventory or Inventories thereof containeing a particular Account of all such Goods and Chattells, by whom they were forfeited, and when and by whom delivered to the said Trustees, or any Persons by them appointed to receive the same.; And shall alsoe cause a just Appraisement thereof, to be made upon the Oaths of any Two Persons, to be appointed by the said Trustees, or any Seaven or more of them for that Purpose (which Oath the said Trustees, or any Two or more of them, are hereby impowered to administer) And the said Trustees, or any Seaven or more of them, are hereby authorized and required to sell all and singular such Goods and Chattells soe inventoried and appraized, according to their best Skill and Judgment: And for that Purpose shall cause publick Notice to be given by the Space of Three Daies, of the Time and Place when and where they intend to begin to expose to sale any Part or Parcell thereof, and of the severall Particulars then and there to be sold, att which Time they shall sell the same by Cant or Auction to such Person or Persons who shall bid most for the same in Sterling Money, as such Money is valued in England, soe as the bidding be equall to or exceed the Appraizement thereof Neverthelesse the said Trustees, or any Seaven or more of them, shall and may, if they find it necessary soe to doe, expose such Goods or Chattells to sale in such Manner as aforesaid, att a lower Rate and Price than the Appraizement thereof, and in such Case are enabled to sell the same att the utmost Rate and Price they can obtaine for the same upon such Sale thereof; And the said Trustees, or any Seaven or more of them, shall imediately upon every such Sale or Contract cause an Entry to be made in their Books of all and every the Particulars soe sold or contracted for, and of the Buyers Names and Places of Abode and the Prices agreed upon.

XXI. Trustees to give a Note to Buyer of Things bought. Money arising by Sales, paid by Buyer into Exchequer in Ireland; and thereupon Trustees to order Delivery of Things bought; If Money not paid within Time appointed; enalty.

And for the further Assurance thereof to the Buyers, if it be by them insisted on, the said Trustees, or any Seaven or more of them, shall give a Note under their Hands and Seales unto the severall Buyers respectively, expressing the Particulars by them bought, and the Prices, and the Time of Sale; And every such Buyer shall thereupon pay the Price agreed upon into the Receipt of His Majesties Exchequer in Ireland, att such Time as the said Trustees, or any Seaven or more of them shall appoint; And the said Trustees, or any Seaven or more of them, being certified of the Payment thereof shall forthwith order the Particulars soe bought and paid for, to be delivered unto the Buyer or Buyers thereof respectively, or to his, her, or their Assignes; And in case any Person or Persons who shall have contracted with the said Trustees, or any Seaven or more of them, for any of the said Premisses, shall not within the Time appointed by the said Trustees, pay, as aforesaid, the Su[m]me of Money contracted for, every such Buyer, for such Default shall forfeite One Third Part of the Su[m]me for which the said ( (fn. 7) ) Goods were contracted for; And the said Trustees, or any Seaven or more of them, may and shall proceed to a new Sale of all and every such Particulars, concerneing which such Default shall be made unto any other Person or Persons, as if no Sale thereof had before been made.

XXII.

After Time expired for entering; Claims, Trustees, before 25th March 1702, to sell the Estates vested in them and not claimed, after 10th Nov. 1700; and the Estates claimed; as soon as the Claims are determined; Notice of Time and Place of Sale; Sale by Auction, and Biddings in Sterling Money, English Value; Contracts, &c. entered by Trustees; Buyers to have a Note of Contract, under Hands and Seals of Trustees; Upon Payment, by Buyers, of Money into Exchequer in Ireland, and Certificate, Trustees to execute Bargain and Sale; to be entered by Trustees and delivered to Purchasers, to be inrolled in Chancery in Ireland. Fee; Docket entered; Fee.

And that all every the Honours Baronies, Mannors, Castles, Messuages, Lands, Tenements, Rents, Reversions, Remainders, Estates, Interests and Hereditaments, of what nature soever, herein before vested in the said Trustees, may be disposed of in the most beneficiall manner for the Publick, and the Produce or Value thereof applied to the Uses, Intents, and Purposes herein after appointed: Bee it further enacted That from and after the time herein before appointed, for entring such Claimes, as aforesaid, shall be expired, the said Trustees, or any Seaven or more of them, shall and are hereby enabled and required att any time or times before the Five and twentieth Day of March, One thousand seaven hundred and two, to sell all and singular the Estates and Interests vested in them, as aforesaid, and every or any Part or Parcell thereof, that is to say, such of the said Estates and Interests, concerneing which no Claime or Claimes shall be entred within the time herein before limitted for that Purpose, as soone as conveniently may be after the Tenth Day of November, One thousand seaven hundred; and such of the said Estates and Interests, for or concerning which, any Claime or Claimes shall be entred, as aforesaid, as soone as conveniently may be, after such Claime or Claimes relateing to such Estates or Interests respectively shall be determined, the said Sales to be made to any Person or Persons, Bodies Politick or Corporate, their Heires, Successors, Executors, Administrators, or Assignes, who shall become Purchaser or Purchasers thereof, for such Estate and Interest therein respectively, as is herein before vested in the said Trustees; and in order thereunto, the said Trustees, or any Seaven or more of them, shall cause Publick Notice to be given by the space of Fourteene Daies att the least of the Time and Place when and where they intend to begin to expose to Sale any Part or Parcell of such Premisses and att such appointed time shall expose the same to Sale in such Parts or Proportions, as they shall think convenient, by Cant, or Auction, begining or setting up the same att such Price as the said Trustees, or any Seaven or more of them, shall think fitt; and every Person or Persons, who shall thereupon bid most for the same, in Sterling Money, as such Money is valued in England, shall be deemed and reputed to be the Purchaser or Purchasers thereof; and the said Trustees, or any Seaven or more of them, shall imediately, upon every such Sale or Contract, cause an Entry to be made in their Books of all and every the particular Estates soe sold or contracted for, and what Estate and Interest they sell therein, and of the Buyers Names, and Places of Abode, and the Prices agreed upon; and for the further Satisfaction of such Buyers or Contractors, if they shall insist thereupon, the said Trustees, or any Seaven or more of them, shall give a Note in Writing, under their Hands and Seales unto the severall Buyers respectively, expressing the Particulars by them bought, and for what Estate or Interest therein, and the Price or Consideration thereof, and the Time of such Sale or Contract; and thereupon every such Buyer or Buyers, shall pay the Price agreed upon into the Receipt of His Majesties Exchequer in Ireland, att such time as the said Trustees or any Seaven or more of them shall appoint; And the said Trustees, or any Seaven or more of them, being certified of the Payment thereof, shall execute an Indenture of Bargaine and Sale of the Parcell soe bought and paid for, as aforesaid, to every such Buyer or Buyers thereof, for such Estate or Interest therein, as the said Trustees, or any Seaven or more of them, shall have contracted to sell the same; every which said Indenture shall particularly expresse, or recite the Considerac[i]on paid or given for the same, and shall thereof acquitt and discharge every such Purchaser or Purchasers, his and their Heires, Successors, Executors, Administrators, and Assignes and every such Indenture shall be immediately thereupon entred and transcribed in Books, to be provided by the said Trustees for that Purpose, and shall be then delivered to such Purchaser, or Purchasers, as aforesaid; And every such Purchaser or Purchasers, shall cause such Indenture to be inrolled in His Majesties Court of Chancery in Ireland within Six Months after the Date thereof, paying for the Inrollment thereof the Summe of Six Shillings and Eight Pence for every Skin of Parchment, and no other or greater Fee or Reward whatsoever; And a Dockett thereof shall be entred in the Auditors Office in the Court of Exchequer in Ireland, paying Twelve Pence for entring thereof, and no more.

XXIII. Purchase good, notwithstanding any Statute of Mortmain.

And be it further enacted, That it shall and may be lawfull to and for any Person, or Persons, Bodies Politick or Corporate, to purchase any of the Estates or Interests herein before vested in the said Trustees, and the same soe purchased, to retaine and keepe to them and their Heires, Successors, Executors, Administrators and Assignes respectively; Any Statute of Mortmaine to the contrary thereof in any wise notwithstanding

XXIV. Purchasers having inrolled Conveyances, actually seised of Premises.

Sheriffs, on Precept from Trustees, to put Purchaser in Possession; Purchasers to hold clear of Quit-rents, &c. and of all other Demands; (Exception), and of Breaches of Trust by Trustees. Estates held of the King in Soccage, as of his Castle of Dublin, subject to such Crown Rents, &c. as they were on 13th Feb. 1688; which Crown-Rents, &c. to be for Support of Government of Ireland, and unalienable; All Grants and Incumbrances thereon, since the said 13th Feb. declared void; Purchasers not paying their Money in time; Penalty; New Sale .

And be it further enacted by the Authority aforesaid That all and every Person and Persons, Bodies Politick and Corporate, and their Heires, Successors, Executors, Administrators and Assignes, makeing any such Purchase, and haveing any such Conveyance and Assurance as aforesaid, and causeing the same to be inrolled as aforesaid, within the Space of Six Months next after the Date thereof, shall be, and is hereby adjudged to be in the actuall Seizin and Possession of such Parts or Parcells of the Premisses as shall be soe purchased and conveyed: And the said Trustees, or any Seaven or more of them, are hereby authorized and impowered (if need be) to issue out their Precept or Precepts to the Sheriffes, or other proper Officer or Officers, of and in the respective Counties, thereby commanding them to cause Possession to be delivered to such Purchaser or Purchasers his, her or their Heires, Successors, Executors, Administrators and Assignes, or to whom they or any of them shall appoint And all and every such Purchaser or Purchasers, his, her, or their Heires, Successors, Executors, Administrators or Assignes, shall hold and enjoy the same for such Estate and Interest therein respectively, as shall be conveyed by the said Trustees, or any Seaven or more of them, in such Indenture of Bargaine and Sale, freed and discharged of and from all Arreares of Quitt-Rents, Crowne-Rents, and Chiefries, att any time accrued or to grow due before the Date of such respective Conveyances, and of and from all other Claimes and Demands of His Majesty, His Heires and Successors, and of the said Trustees, their Heires, Executors, Administrators, and Assignes, and of all and every other Person and Persons whatsoever (other than and except such Claimes and Demands which shall be allowed by the said Trustees, or any Seaven or more of them, on the Determination of such Claimes, as aforesaid) and alsoe freed and discharged of and from any Breach of Trust, which can or may be pretended to be committed by the said Trustees in not strictly pursueing the Powers or Directions given by this Act; neverthelesse the said forfeited Estates shall after such Sale or Sales thereof be held of the Kings Majesty, His Heires and Successors, as of His Castle of Dublin, by free and common Soccage Tenure, and shall be subject from the time of the Date of such respective Sale and Conveyance, to such Crowne-Rents Quitt-Rents and Chiefries issueing thereout respectively, as the same were respectively lyable to, and charged with on the said Thirteenth Day of February, One thousand six hundred eighty eight; All which Quitt-Rents, Crowne-Rents, and Chiefries, and all other the Quitt-Rents Crowne-Rents and Chiefries belonging to the said Crowne of Ireland, on the said Thirteenth Day of February One thousand six hundred eighty eight, shall for ever hereafter remaine and be for the Support and Maintenance of the Governement of the said Kingdome of Ireland, and shall be and are hereby enacted and declared to be unalienable; And all Grants, Charges, and Incumbrances since the said Thirteenth Day of February,; made or att any time or times hereafter to be made of the same, or any Part thereof, or wherewith or whereby to affect, charge or incumber the same, or any Part thereof with any Annuity, Pension, Rent Debt, Su[m]me or Su[m]mes of Money, Charge, or Incumbrance whatsoever, shall be, and are hereby enacted and declared to be null and void to all Intents and Purposes whatsoever: Neverthelesse it is hereby declared and enacted, That if any Person or Persons, who shall have contracted for any such Purchase, shall not within the time appointed, pay the Summe of Money contracted for, every such Buyer shall forfeite One fifth Part of the Consideration-Money contracted for, and the said Trustees or any Seaven or more of them, may and shall proceed to a new Sale of all and every such Lands Tenements and Hereditaments.

XXV. Proviso for Grants of Quit-Rents, and for Grants for Abatements of Quit-Rents.

Provided That nothing in this Act contained, shall make void any Grant of any Quitt-Rents, or other Rents made in Consideration of any just Debt or Debts released to the Crowne, to the full Value of such Grant, or make void any Grant for Reduction or Abatement of any Quitt-rent, where such Abatement hath beene made in Consideration of the Barrennesse or Coursenesse of any Lands out of which such Quitt-Rents are issueing, or for their better Habitation or Improvement.

XXVI.

How such forfeited Estates, subject to Debts or Incumbrances, or Rent-charges, may be sold; Proviso for Sale thereof in Parcels; In such Case, Trustees to apportion Rent Charges.

And forasmuch as divers Mannors, Messuages, Lands Tenements, Hereditaments and Premisses aforesaid, herein before vested in the said Trustees, and directed to be sold as aforesaid, may happen to be subject to severall such Debts, Charges or Incumbrances affecting such Estates or Interests, as aforesaid, whereby the Sale of such Premisses may be obstructed Bee it therefore further enacted by the Authority aforesaid, That it shall and may be lawfull, to and for the said Trustees, or any Seaven or more of them, either to sell any such Part of such Premisses, subject to such Debt, Charge or Incumbrance affecting the same as may be sufficient to cleare such Debt, Charge or Incumbrance, and thereby cleare the Residue of such Premisses subject thereunto, or to sell any such Premisses subject to such Debt, Charge or Incumbrance by such Rules and Methods, as aforesaid, to any Person or Persons Bodies Politick [and (fn. 8) ] Corporate, who shall be desirous to purchase the same, subject to such Debts, Charges or Incumbrances, as shall be allowed by the said Trustees, or any Seaven or more of them, as aforesaid, upon heareing and determineing any Claime or Claimes thereunto; And in case any Mannors, Messuages, Lands, Tenements and Hereditaments hereby directed to be sold, stand charged with any Rent-charges or other Rents, and the same shall, by the said Trustees, or any Seaven or more of them, be found necessary and convenient to be sold in Parcells, and the whole Estate soe charged shall not be sold together, then it shall and may be lawfull to and for the said Trustees, or any Seaven or more of them, and they are hereby required indifferently, according to the best of their Discretion and Judgment, to apportion such Rent-charges or other Rents issueing thereout; and from thenceforth every such Rent-charge or other Rent shall be chargeable upon and recoverable out of the respective Lands soe purchased only according to such Apportionment made by the said Trustees, or any Seaven or more of them, and not otherwise; Any Law or Statute to the contrary thereof in any wise notwithstanding

XXVII.

Persons possessed of Lands, &c. hereby vested in Trustees, shall before 10th Aug. 1700, give Trustees, a true Account thereof in Writing; Penalty. and to answer the Profits from 2d Nov. 1699, till the Time of Sale; on Neglect, &c. Prosecution in the Name of the King's Attorney General.

And to the end that all and every the Rents, Issues and Profitts ariseing or growing out of all and every the said Estates and Interests herein before vested in the said Trustees, may from and after the said Second Day of November, One thousand six hundred ninety nine, untill such Sale or Sales be made thereof, as aforesaid, be answered and paid to such Person or Persons as the said Trustees, or any Seaven or more of them shall authorize and appoint to collect and receive the same for the Uses herein after mentioned: Bee it further enacted, That all and every Person or Persons, who are or shall, before the Tenth Day of August, One thousand seaven hundred, be possessed of any Lands, Tenements or Hereditaments by this Act vested in the said Trustees, as aforesaid, shall, before the said Tenth Day of August, One thousand seaven hundred, send Notice thereof in Writing to the said Trustees, containing a true Particular of the Quantity and Quality of such Lands, Tenements or Hereditaments, and under what Yearely Rents, Covenants, and Contracts the same were or are held and enjoyed, and what is the true and utmost Yearely Value thereof; And upon any wilfull Neglect or Default thereof, or Fraud therein, shall forfeite Three Yeares Value of the Rents and Profitts thereof, and shall yeild and pay all and every the Rents reserved and payable of and for the said Estate or Estates, or otherwise account for the Profitts of the same, during their respective Occupation thereof, from the said Second Day of November, One thousand six hundred ninety nine untill such Sale or Sales soe made thereof as aforesaid, to such Person or Persons, and att such Places, as the said Trustees, or any Seaven or more of them ( (fn. 9) ) shall, for that Purpose, direct and appoint: And in case any Person or Persons shall refuse or neglect to pay and answer the Rents and Profitts of the said Estates, according to such Directions, as aforesaid, That then it shall and may be lawfull to and for the said Trustees or any Seaven or more of them, to direct a Prosecution in the Name of His Majesties Attorney Generall of England or Ireland, against the Person or Persons soe neglecting or refuseing to pay or answer the same, as in case of a Debt due to His Majesty, and when recovered, the same shall be immediately paid to such Person or Persons as the said Trustees, or any Seaven or more of them shall direct, to be applied for the Uses, Intents and Purposes appointed by this Act.

XXVIII. Fines, &c. vested in Trustees, sued for in Name of Attorney General; Application thereof.

And be it further enacted That all and every the Fines, Penalties and Forfeitures relateing to the said Estates and Interests in Ireland, and vested in the said Trustees as aforesaid, shall be alsoe sued for in the Name of His Majesties. Attorney Generall of England or Ireland and when recovered, shall be applied to the same Uses as are herein declared, of and concerneing the said Estates soe vested as aforesaid.

XXIX. No Protection, &c; to hinder any Prosecution, &c. in pursuance of this Act.

And be it further enacted, That no Protection, Wager of Law, or more than One Imparlance shall be allowed to stay or hinder any Suite, Action or Prosecution which shall be commenced or prosecuted against any Person or Persons whatsoever, in pursuance of this Act, or any other Matter or Thing to be done, in Execution of the same relateing to the said forfeited Estates or Interests.

XXX. Trustees not accountable to His Majesty for Rents, &c. of the said Estates.

And it is hereby declared and enacted That the said Trustees, or the Survivours or Survivour of them, their Heires, Executors or Administrators, shall not be accountable to the Kings Majesty, His Heires, or Successors, or any other Person or Persons whatsoever, for any Rents, Issues, or Profitts, ariseing, growing or renewing out of or by any of the said Estates or Interests hereby vested in them, as aforesaid, or for any Quitt-Rents, Crowne-Rents or other Rents with which the same are or were charged to the Kings Majesty, His Heires and Successors, but shall be and are hereby freed, acquitted and discharged of and from the same, and all Suites, Actions and Prosecutions in respect thereof.

XXXI. Purchasers of forfeited Estates from Grantees, since 13th Feb. 1688, discharged of Purchase Money remaining unpaid.

And whereas some Persons may have unwarily purchased of, from or under severall Grantees or others, since the said Thirteenth Day of February, One thousand six hundred eighty eight, Part of the said forfeited Estates and Premisses, which Practice ought not to be countenanced; Neverthelesse, that such Purchasers may have some Releife therein, It is hereby further enacted, That if upon any Alienation, Sale, Demise, Contract or Agreement, of or for any of the said forfeited or forfeitable Premisses, any Part of the Purchase-Money, or Consideration remaines yet unpaid, the Payment thereof is hereby absolutely released and discharged; and all Securities given for the Payment thereof, are hereby discharged.

XXXII. Trustees to allow amongst such Purchasers, since 13th Feb. 1688, as shall prove Payment of Money before 10th Aug. 1700, £21,000, in proportion to their Payments

And for some further Releife to all and every such Person or Persons, who have purchased the Inheritance of any Part of the said forfeited or forfeitable Estates or Interests, in Possession or Reversion, of or from any Grantee thereof, or of or from the Heires or Assignes of such Grantee, since the said Thirteenth Day of February One thousand six hundred eighty eight, Bee it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Trustees, or any Seaven or more of them, and they are hereby required, in such Manner as is herein after mentioned, to allow to and amongst such Purchasers their Executors, Administrators or Assignes the full Su[m]me of One and twenty thousand Pounds of lawfull Money of Ireland, in equall Proportion according to the respective Su[m]mes of Money actually paid by every such Purchaser, who shall prove the actuall Payment of such Purchase-Money, before the Tenth Day of August, One thousand seaven hundred

XXXIII.

Trustees to give a Certificate of Proportions; to be a Charge in nature of a Statute Staple; Such Allowance not to be made to Purchasers herein mentioned.

And to the end that the said Su[m]me soe proportionably to be allowed as aforesaid, to and amongst such Purchasers, may be duely satisfied, It shall and may be lawfull to and for the said Trustees, or any Seaven or more of them, to give a Certificate under their Hands and Seales, of the Proportion of the said Su[m] me of One and twenty thousand Pounds, to which every such Purchaser is intituled by vertue of such Allowance, as aforesaid, which Certificate shall, from the Date thereof, charge such Part of the Lands respectively soe purchased, as aforesaid, as shall be particularly expressed in such Certificate, in the Nature of a Statute-Staple, and the like Processe and Execution shall and may be had thereon: Neverthelesse it is hereby declared, that no such Allowance shall be made to any such Purchaser who by Perception of Profitts or otherwise hath beene satisfied or paid his said Purchase Money: And in such Case, such Proportion of the said. One and twenty thousand Pounds shall not be allowed as aforesaid.

XXXIV. Persons having received such Purchase Money, liable to repay Surplus, after Allowance to Purchasers.

How the same may be recovered.

And for further Releife of such Purchaser or Purchasers for the Remainder of the Purchase-Money actually and bona fide by them paid, It is hereby enacted and declared, that every such Person or Persons, who by themselves, or any Person on their Behalfe, have received such Purchase-Money, his, her or their Executors, and Administrators shall be liable to, and they are hereby strictly enjoyned and required to repay the Surplus thereof, above such Allowance, as aforesaid discounting the meane Profitts received by any such Purchaser or Purchasers, their Heires or Assignes; For which, such Purchasers shall have their Remedy by Action of Debt upon this Statute, or by Suite in Equity against such Person or Person who received the same to their owne Use or Benefitt, his, her or their Executors or Administrators, wherein no Essoigne, Protection, Wager of Law, or more than One Imparlance shall be allowed.

XXXV. Persons having entered upon forfeited Estates, without Grant, are to answer Profits, during Occupation, into the Exchequer, by 1st Aug. 1700, Penalty.

And whereas since the Thirteenth Day of February, One thousand six hundred eighty eight, divers Persons have entred into and upon severall Parts of the said forfeited Estates, and held and enjoyed the same, without any such Grant thereof as aforesaid, or any lawfull Title thereunto Bee it enacted, That every such Person or Persons, shall be responsible for all and every the Profitts of the said Premisses, during the Time of their Occupation thereof, and shall answer and pay the Value thereof into the Receipt of His Majesties Exchequer in Ireland, on or before the First Day of August, One thousand seaven hundred, or in Default thereof, shall forfeite double the Value of the same Profitts by him received, as aforesaid

XXXVI. But discovering same, discharged of Profits before 2d Nov. 1699.

Provided neverthelesse, if any such Person or Persons shall on or before the Tenth Day of July, One thousand seaven hundred, discover to the said Trustees such Lands, Tenements and Hereditaments, soe by them enjoyed, as aforesaid, every such Person or Persons, are hereby declared to be discharged of and from any Account of the Profitts thereof, before the said Second Day of November, One thousand six hundred ninety nine

XXXVII.

Committing Waste on the said forfeited Estates since 10th May 1695; Penalty.

And whereas since the Tenth Day of May, One thousand six hundred ninety five the Owners or Occupiers of severall of the said forfeited or forfeitable Estates or Interests, or other the Premisses, have presumed to committ great Spoile Wast and Destruction upon the same Estates, by cutting downe great Quantities of Timber-Trees, and other Trees, Woods, Groves and Coppices, and otherwise; Bee it further enacted That every such Owner and Occupier, and all and every other Person and Persons who since the said Tenth Day of May, have committed or att any time before the Sale or Sales of such Premisses, shall committ any such Spoile, Wast or Destruction, upon the said Lands, Tenements or Hereditaments hereby vested in the said Trustees, every such Offender shall pay Treble Damages for the same, to be ascertained by the said Trustees, or any Seaven or more of them; And for the speedy levying thereof, the said Trustees or any Seaven or more of them, shall under their Hands and Seales, make Certificates of the Damages soe by them ascertained into His Majesties Court of Exchequer in Ireland, for Recovery whereof, the like Execution shall issue forth as in case of a Debt due to the Kings Majestie

XXXVIII.

The said forfeited Estates not charged with Arrears of Rent or Interest incurred during War in Ireland; Persons claiming Interests in forfeited Estates, making Default of Payment (since Reduction of Ireland) such Rent, &c. to be paid into Exchequer by 1st Nov. 1700; Penalty.

And whereas severall of the said forfeited and forfeitable Estates and Interests, or other the Premisses, being charged with Rent-charges, and other Rents, Mortgages and Securities for Money, may have beene held and enjoyed by severall Persons, who have not duly answered the Rent-charges, and other Rents thereout issueing and payable, nor paid the Interest upon Mortgages and other Securities affecting the same Bee it enacted, That no such Estates or Interests shall or may be charged for or in respect of any Arreares of any Rent-charge, or other Rent incurred, or for or in respect of any Interest that did growe due, during the said late Warr, or Rebellion in Ireland; And that all and every Su[m]me and Su[m]mes of Money, paid out of, or by the Rents and Profitts of any such Estate soe charged, shall not be applied in Discharge of any Arreares of Rent, or Interest incurred during the said Warr; And where any Default has beene made by any Person or Persons deriveing, haveing or claimeing any Estate, Right, Title or Interest, in or to any of the said forfeited or forfeitable Estates, or Interests charged, with, or liable to the Payment of any Rent-Charge, or other Rent or Interest, by, from, or under Your Majesty, and the late Queene, or Your Majesty only, or by Their Heires, Executors, Administrators or Assignes, in answering the growing Payments of any such Rents, or Interest-Money, since the Reduction of the said Kingdome, such Person or Persons, who ought to have paid such Rent, or Interest-Money, his, her and their Executors, and Administrators shall and they are hereby strictly charged and required, on or before the First Day of November, One thousand seaven hundred, to pay the same into the Receipt of His Majesties Exchequer in Ireland; or in Default thereof, shall forfeite Double the Su[m]me of the Rent or Interest-Money, soe neglected to be paid.

XXXIX.

Upon Decease of Trustees, the Survivors (or major Part, being Four at least) to execute this Act.

Provided alwaies, and it is hereby enacted, That the Powers hereby given to the said Trustees, shall not cease or determine by the Decease or Deceases of any one or more of them; And that in case of the Decease or Deceases of any of the said Trustees, the Survivors of them for the time being, or the major Part of such Survivors (the said major Part being Four att the least) shall and they are hereby required and authorized to execute and performe all the Trusts, Powers, Matters and Things, in this Act contained, as fully and effectually as the whole Number of Trustees hereby appointed, or any Seaven or more of them (being all liveing) are hereby required and authorized to execute and performe the same, Any thing herein contained, to the contrary notwithstanding

XL. Recital of Stat. 10 W. III. c. 9. ante; and that Money, with Interest, remained due by Tallies, &c. upon Aid of 3s. in the Pound, and upon Duties of 8. W. III. c. 7., and upon certain Exchequer Bills, and by Tallies granted by 9 W. III. c. 38.

Debentures for Arrears to Officers of Army, Transport Service, Clothing the Army, Tallies. &c; to be taken at the Exchequer as Sterling Money, for Purchases; The said Principal and Principal and Interest to be computed; The said Debentures, &c. to be registered; Trustees, once in 30 Days, to examine Register with Debentures; and cancel same; Trustees every Three Months to transmit Account of Debentures, &c. to Exchequer in England.

And whereas by one other Act of this Session of Parliament, severall Co[m]missioners therein named are appointed to take and determine (amongst other things) the Accounts of Arreares due to the Generall Officers, and other Officers of His Majesties Army and Land-Forces, and of the Traines of Artillery which served in the Reduction of Ireland, and in the late Warr against France, and to the Officers of the Hospitalls, and the Officers and Gunners of His Majesties Garrisons, and certaine Arreares due to Clothiers, whereupon Debentures or Certificates are to be made forth for their Arreares, as in the said Act is prescribed.; And in and by the same and severall former Acts of Parliament in this behalfe made, Provision was and is made for stating and makeing forth Certificates or Debentures for the Moneys due for Transport-Service in the said severall Acts respectively mentioned: And whereas severall Su[m]mes of Money (with the Interest thereof) remaine due and unpaid by Tallies, and Orders charged on the Aid of Three Shillings in the Pound, granted in the Eighth Yeare of His Majesties Reigne, and upon the Duties imposed upon Paper and Parchment, by an Act made in the same Eighth Yeare of His Majesties Reigne, and upon Ticketts, commonly called Malt Ticketts, and upon Bills, commonly called Exchequer Bills, made forth by severall late Acts of Parliament in that behalfe, and by Talleys and Orders charged upon the Quarterly Poll which was granted in the Ninth Yeare of His Majesties Reigne. Now towards the dischargeing and satisfying of the Arreares, Debts, and Interest-Moneys aforesaid, soe farr forth as the said Estates, in Ireland will extend thereunto It is hereby further enacted and declared by the Authority aforesaid, That the said Debentures for Arreares, which became due to the said Officers, and for Transport-Service, and for Clothing and the said Talleys, Orders, Ticketts and Bills, every or any of them, shall and may be tendred in Payment by any Purchaser or Purchasers of the said Castles, Honours, Mannors, Lands; Rents, Goods, Chattells, Personall Estate and other the Premisses, or any of them, in the Kingdome of Ireland, for and in lieu and discharge of the Purchase-Money, or Consideration-Money, or any part thereof, which shall be contracted or agreed to be paid for such Castles, Honours, Mannors, Lands, Rents, Goods, Chattells, Personall Estate, or other the Premisses respectively, and shall be allowed accepted and taken by the proper Officers of His Majesties Exchequer att Dublin, as fully and freely as if the same were Sterling Money: And that in the Acceptance thereof, the just Su[m]mes contained and specified in such Debentures for the Arreares of the said Officers, and Clothing, and the Principall Moneys only contained in the said Debentures for the Transport-Service, and the Principall and Interest which shall be then due upon the said Talleys and Orders, Ticketts and Exchequer Bills, shall be computed cast up and reckoned; And the said Officers in the Receipt of His Majesties Exchequer att Dublin, shall take care to keepe a fair Booke in Parchment, wherein all the Debentures; Certificates, Talleys, Orders, Bills and Ticketts which shall be soe received or taken in, shall be entred and registred; And the said Trustees, or any Seaven or more of them, shall take Care from time to time, att least once in every Thirty Daies, during their continuance in the Execution of the Powers hereby reposed in them, to examine the said Booke, with the Debentures, Certificates, Talleys, Orders, Ticketts and Bills which shall be soe taken in, and to cancell the same Debentures, Certificates, Talleys, Orders, Ticketts and Bills, soe that His Majesty and the Publick may be secured from all further Demands to be hereafter made thereupon; And the said Trustees, or any Seaven or more of them, are hereby required and injoyned from time to time every Three Months, during their Execution of the Powers aforesaid, to transmitt or cause to be transmitted into His Majesties Exchequer of England, to witt into the Office of the Auditor of the Receipt there, a faire, full and true Account of all the Debentures, Certificates, Talleys, Orders, Ticketts and Bills which shall be soe taken in and cancelled, expressing therein the Date of each Debenture, Certificate, Talley, Order, Tickett and Bill the Names of the Person to whom the Money was originally due, soe farr as the same shall appeare and the Summes allowed or discharged thereupon; for the Purchase or Consideration-Money, as aforesaid and the Names of the Persons who received the Benefitt thereof upon his or their Purchase or Purchases.

XLI. Appropriation of the Monies arising by this Act in Ireland (Exception).

Misapplying the same, Penalty.

And it is hereby further enacted by the Authority aforesaid, That all the Moneys ariseing by vertue of this Act, within the said Kingdome of Ireland (other than and except soe much thereof as by any Speciall Clauses or Directions in this Act contained, is to be applied to other Uses or Purposes in this Act particularly expressed) shall be appropriated and applied, and are hereby appropriated to, and for the satisfying, paying, and dischargeing of the said Officers Arreares, and the Debt owing for the said Transport-Service and Clothing, and the said Debts, and Interest-Moneys owing and payable as well by Talleys and Orders, as upon Ticketts and Exchequer Bills as aforesaid, and to none other Use, Intent or Purpose whatsoever, under the like Penalties Forfeitures, and Disabilities to be incurred, for diverting or misapplying the same, or any Part thereof, as are to be incurred by this Act for diverting or misapplying any the Moneys ariseing by the Land Tax, or Assessments in England, hereby granted and appropriated, as aforesaid.

XLII. Allowance to Commissioners for enquiring into the said forfeited Estates, and to their Secretary, out of the first Monies arising by this Act.

10 W. III. c. 9.

Provided alwaies and it is further enacted, That out of the Moneys ariseing by this Act within the Kingdome of Ireland, as aforesaid, there shall be paid unto Henry Earle of Droghedah, of the said Kingdome of Ireland, the Su[m]me of One thousand Pounds of lawfull English Money, or soe much lawfull and current Money of and in Ireland, as shall be equivalent to One thousand Pounds of lawfull English Money in England. To Francis Annesley Esquire, the like Su[m]me of One thousand Pounds of like Money. To John Trenchard Esquire, the like Su[m]me of One thousand Pounds of like Money. To James Hamilton Esquire, the like Su[m]me of One thousand Pounds of like Money. And to Henry Langford Esquire, the like Su[m]me of One thousand Pounds of like Money, for the great Services by them respectively performed, as Commissioners, in Execution of certaine Trusts which were in them reposed, in the Act of Parliament made in the Tenth Yeare of His Majesties Reigne, entituled, An Act for granting to His Majesty the Summe of One Million, four hundred eighty four thousand and fifteene Pounds One Shilling Eleaven Pence Three Farthings, for disbanding the Army, providing for the Navy, and for other necessary Occasions: And to Sir Richard Leving Knight, the Su[m]me of Five hundred Pounds of like Money; And to Sir Francis Brewster Knight, the Summe of Five hundred Pounds of like Money, in Consideration of their Expences in Execution of the same Trusts by the Act of Parliament last mentioned: And to James Hooper Esquire, who was Secretary to the Commissioners appointed by the Act last mentioned, the Summe of One thousand Pounds of like Money, for the great Services by him performed in that Employment, the same to be paid to them or their Assignes respectively, out of the first Moneys which shall arise in Ireland, by vertue of this Act, Any thing herein contained to the contrary notwithstanding

XLIII. Allowance to Trustees, from 25th March 1700, payable Quarterly, during their Execution of this Act.

Monies to be imprested for paying Salaries of inferior Officers, and for incident Charges; The said Allowances, with the £21,000 for former Purchasers, to be paid out of the Exchequer in Ireland, by the Trustees Warrants, without any other Authority.

Provided alsoe, and it is hereby enacted by the Authority aforesaid, That out of the Moneys ariseing by this Act in Ireland, as aforesaid, each and every of the said Trustees (who are herein particularly named) for his Labour, Paines and Service in the Execution of the Trust hereby reposed in him, shall have and receive to his owne Use, a Salary after the Rate of Fifteene hundred Pounds per Annum of like Money, as aforesaid, the same to commence from the Five and twentieth Day of March, One thousand seaven hundred, and to be paid and payable Quarterly by equall Portions, during the Continuance of every such Trustee in the actuall Performance and Execution of his Trust aforesaid; And that out of the same Moneys ariseing in Ireland, as aforesaid, there shall and may be paid to such Person and Persons as the said Trustees or any Seaven or more of them shall nominate by way of Imprest, and upon Account, such Summes of Money as shall be necessary to pay the Salaries of inferiour Officers to be imployed under them, and for incident Charges in or for the Performance of this Service, as to them, or any Seaven or more of them, shall seeme meete; And that all the Summes of Money hereby allowed to be paid for Salaries, Rewards and incident Charges as aforesaid, and alsoe the said Summe of Twenty one thousand Pounds for former Purchasers, and all other Summes hereby authorized to be furnished, or supplyed out of the Moneys ariseing by this Act in Ireland as aforesaid, shall and may be issued and paid out of the same, att the Receipt of His Majesties Exchequer in Dublin, or by the Hands of any Receivor or Collector of the said Moneys, by the Warrants and Orders of the said Trustees, or any Seaven or more of them, and not otherwise and without any other Warrant or Authority in that behalfe; Any thing herein contained to the contrary notwithstanding.

XLIV.

The Trustees may make so many of their Contracts for Lands, &c. to be paid in Coin, as will discharge Salaries, &c. and Money Payments appointed by this Act; If more Money raised in Specie than will satisfy Money Payments aforesaid, Overplus transmitted to Exchequer in England, and appropriated as herein mentioned.

Provided alsoe, and it is hereby enacted by the Authority aforesaid, That it shall and may be lawfull, to and for the said Trustees, or any Seaven or more of them, to make such and soe many of their Contracts for Lands, or other the Premisses aforesaid, for Money to be paid in lawfull and current Coines, as that they may be enabled (therewith and with the like Money which shall arise in Ireland, from Rents, Mesne Profitts, Debts to be recovered, or otherwise by vertue of this Act) to discharge and satisfie not only the said Rewards, Salaries, incident Charges, but alsoe all particular Payments whatsoever by this Act appointed to be made and satisfied in Money out of the same, according to the true Meaning of the same And in case, by the Sale of the said Estates, or otherwise upon this Act, there shall arise into His Majesties Exchequer att Dublin, more Money in Specie than shall be sufficient to discharge the said Salaries Rewards, Incident Charges, and all particular Payments hereby directed to be satisfied in Money, as aforesaid, then the said Trustees, or any Seaven or more of them shall by their Warrants or Orders cause all the Overplus of the Moneys soe ariseing in Specie, to be transmitted sent, and paid into the Receipt of His Majesties Exchequer in England to discharge such of the said Arreares Debts and Interest-Moneys (whereunto the same are hereby appropriated as aforesaid) as shall not be discharged or satisfied by the Application of Debentures, Certificates, Talleys, Orders, Bills or Ticketts, as aforesaid, and such Overplus shall remaine in the said Receipt of Exchequer in England, till the same shall be disposed for or towards the said Uses or Purposes, and in such Proportions, Course, Order and Forme, as shall be agreed by Parliament; Any thing herein contained to the contrary notwithstanding.

XLV. Salaries Tax free.

And it is hereby enacted and declared That the Salaries of the said Trustees and of their inferiour Officers shall not be liable to any Taxes or Assessments, by any Act of Parliament made or to be made, either in the Kingdome of England or Ireland.

XLVI. In what Case Officers or others having taken Grants of forfeited. Estates in lieu of Arrears, &c.entitled to such Arrears, &c.

[ (fn. 10) And be it enacted by the Authority aforesaid, That where any Officer or Officers or any other Person or Persons hath, or have taken any Grant or Grants of any forfeited Estates or Interests in Ireland, in lieu of Arreares of his or their Pay, or of any other Debt or Summe of Money due from His Majesty, and hath or have released or discharged His Majesty of and from the same, such Officer & Officers, or other Person or Persons, shall be equally intituled to such Arreares, Debt, or Su[m]mes of Money soe discharged, as if no such Release or Discharge had beene made or given for the same.]

XLVII. Trustees, as soon as may be after 25th March 1701, to convey the Church Livings forfeited to such Trustees as Bishop of Diocese shall nominate, for employing the Profits thereof for 20 Years, from 2d-Nov. 1699, in rebuilding or repairing Parish Churches; and afterwards in Augmentation of Small Livings.

Such Appointments to be inrolled.

Provided allwaies, and be it enacted, That the said Trustees or any Seaven or more of them, shall and may, and they are hereby required, as soone as conveniently may be, after the said Twenty fifth Day of March One thousand seaven hundred and one, by Bargaine and Sale to be inrolled, as aforesaid, to convey all and every the Rectories impropriate with the Tythes, Oblations, Obventions, Gleabs, Advowsons of Viccaridges and other Things thereunto severally and respectively belonging or appertaining, forfeited by reason of the said Rebellion, and herein before vested in the said Trustees, as aforesaid, to such Person or Persons, and their Heires, as the Bishop of each respective Diocesse, wherein such Rectories impropriate respectively are, shall nominate, upon Trust neverthelesse, and to the Intent and Purpose that the Profitts thereof shall be disposed and imployed, from the said Second Day of November, One thousand six hundred ninety nine, for the Space of Twenty Yeares thence next ensueing, in rebuilding or repaireing such Parish-Churches within the said Kingdome of Ireland, as the Lords Justices, Lieutenant Generall, or other Chiefe Governour or Governours of the said Kingdome for the Time being, by and with the Advice and Consent of the Bishop of each respective Diocesse for the Time being, shall direct or appoint; And after the Expiration of the said Terme of Twenty Yeares, for the perpetuall Augmentation of such small Rectories or Viccarages within the said Kingdome of Ireland, as the said Lords Justices, or other Chiefe Governour of the said Kingdome, by any Writing under his or their Hands and Seales, with Consent of the Bishop of each Diocesse wherein any such Augmentation shall be made, shall direct or appoint; which Appointments shall, before the Five and twentieth Day of March, One thousand seaven hundred and three, be made and inrolled in the Court of Chancery in Ireland, as a perpetuall Memoriall thereof.

XLVIII. Provise for a Grant of £1,500 Sterling, by the Crown for Repair of Churches in Limerick; and for Grant of the Earl of Romney, of Ground in Cork, on which a New Church is erected.

And be it enacted by the Authority aforesaid That nothing herein contained shall extend to make void a Grant of Fifteene hundred Pounds Sterling, made by His Majesty, and Her late Majesty, to any Person or Persons out of the said forfeited Estates, for the Repaire of the Cathedrall or other Churches in the City of Limerick in Ireland, for or in respect of the said Fifteene hundred Pounds only, or to make any such Person or Persons accountable to the said Trustees for any such Summe of Money already received, or to be received for that Purpose; Nor to make void a Grant made by Henry Lord Viscount Sidney, now Earle of Romney, of One Piece of Ground in the North Suburbs of the City of Cork in Ireland, on which a new Church is lately erected and consecrated, for and in respect of the said Piece of Ground only.

XLIX. And for the King's Grant to Colonel Richard Gorges, for Lands claimed under the Acts of Settlement.

Provided alwaies and be it enacted, That nothing in this Act contained shall extend, or be construed to extend to vacate Letters Patents made by His present Majesty to Colonell Richard Gorges, for Confirmation of his Title to certaine Lands claimed by him, and his Father Doctor Robert Gorges, under the Acts of Settlement and Explanation; and of which his said Father was in actuall Possession for the Space of Twenty Yeares before the late Rebellion in Ireland.

L.

Not to vest in the Trustees any Lands of Charles Lord Baltimore, who being outlawed by Mistake, may reverse the same.

And whereas Charles Lord Baltimore of the Kingdome of Ireland was by Mistake outlawed for the said High Treason, and by Reason thereof hath long since obtained His Majesties Letter for reversing of the said Outlawry but by reason of his Age and Infirmities, hath not yet beene able to goe into the said Kingdome of Ireland to reverse the same: Bee it therefore enacted That nothing herein contained shall be construed to vest in the said Trustees, any Lands, Tenements or Hereditaments of or belonging to the said Lord Baltimore; And that the said Lord Baltimore, shall and may reverse the said Outlawry, and hold and enjoy all and every the Lands, Tenements and Hereditaments whereof he was att any Time seised; Any thing herein before contained to the contrary thereof in any wise notwithstanding.

LI. Proviso for Edward Gobegan of Castle Town in West Meath, for the Reversal of his Outlawry, and enjoying his Estate.

Provided alwaies, and it is hereby further enacted, That nothing herein contained shall take from, or be construed to take from Edward Gohegan of Castle-Towne in the County of West-Meath, the Benefitt of any Order or Warrant obtained or to be obtained from His Majesty, for Reversall of his Outlawry and passing his Pardon, but that all and every such Orders or Warrant obtained, or to be obtained for Reversall or Pardon be effectuall and valid in Law; And that the said Edward Gohegan may be restored in Blood, and injoy his Estate; Any thing in this Act to the contrary notwithstanding.

LII.

Clause for selling the forfeited Estate of William late Earl of Limerick (in the Case herein mentioned), and allowing thereout £8,000 to Thomas Earl of Limerick, his Brother, in full of his Debts and Claims, &c.

And whereas Colonel Thomas Dungan commonly called Earle of Limerick Brother and Heire of William late Earle of Limerick attainted of High Treason committed in Ireland, hath beene alwaies loyall and faithfull to, and performed great Services for this Kingdome, and there is now due to the said Thomas Earle of Limerick, a considerable Summe of Money for his Disbursements against the French and Indians of Canada in America, and for the Interest thereof, and for Arreares of Pension of Five hundred Pounds per Annum granted to him by the late King Charles the Second, in Consideration of his Losses, by leaveing the Service of the French King, and entring into the Service of England Bee it enacted by the Authority aforesaid, That the Estate of the said late Earle of Limerick forfeited for the Treason aforesaid (in case the said Thomas Earle of Limerick make no Claime as aforesaid thereunto within the Time limitted by this Act) shall be sold for the most that can be made thereof, according to the Purport of this Act: And out of the Moneys ariseing thereby, the said Thomas Dungan, now called Earle of Limerick, and his Assignes, shall be intituled to have and receive the Summe of Eight thousand Pounds in full Recompence, Satisfaction and Barr of all Debts and Moneys due to him, or which, he may claime or pretend to for his Disbursements and Service, and Arreares of Pension aforesaid, and in full Barr and Satisfaction of all his Demands, Claimes, and Pretences of, in and to the said Estate; Any thing herein contained to the contrary notwithstanding.

LIII. Proviso for a Grant for Benefit of Wife and Children of Lord Kenmare, and the Wife and Children of Dudly Bagnal.

Provided neverthelesse, and it is hereby enacted, and declared That nothing herein contained shall extend to determine or make void any Grant, Provision or Appointment made by His present Majesty, or the late Queene, to or in Trust for the Use, Benefitt or Subsistance of the Wife of the late Lord Kenmare of the Kingdome of Ireland or her Children, or the Wife or Children of Dudly Bagnall but that such Grants, Provisions or Appointments, shall be holden and enjoyed during the Lives of their said Husbands respectively.

LIV. Proviso for Ann the Wife of Christopher late Lord Slane; in respect of her Equity to a Jointure and her separate Maintenance.

Provided neverthelesse That nothing in this Act contained shall extend to deprive Ann the Wife of Christopher late Lord Slane, of the Kingdome of Ireland of her Right and Title in Equity to a Joynture, in case she survive her said Husband, nor to her separate Maintenance during Coverture, out of the Estate of the said late Lord Slane, which she was intituled to by vertue of her Articles of Marriage made before the Thirteenth Day of February, One thousand six hundred eighty eight, and which could not be executed by Settlements, in pursuance of the said Marriage-Articles by reason of the Minority of the said late Lord Slane of which Right and Title the said Trustees, or any Seaven or more of them, are to determine, as in other Cases of Incumbrances.

LV.

Proviso for Grants made to Sir Tho. Prendergast Baronet, and Francis De la Rue Esq.

And whereas in Consideration of the eminent, and faithfull Services of Sir Thomas Prendergast Baronett, and Francis De la Rue Esquire, by their timely Discovery of a wicked and Traiterous Conspiracy to assasinate His Majesties sacred Person, His Majesty was graciously pleased, by one or more Grants, to grant unto the said Sir Thomas Prendergast, and his Heires, divers Lands, Tenements and Hereditaments part of the said forfeited Estates and Interests in Ireland, and likewise by one or more Grants was pleased to grant unto the aforesaid Francis De la Rue, and his Heires, divers Lands, Tenements and Hereditaments out of the said forfeited Estates and Interests in Ireland Bee it therefore enacted by the Authority aforesaid, That nothing in this Act contained shall extend or be construed to extend to avoid or sett aside the aforesaid Grants herein mentioned to have beene made to Sir Thomas Prendergast Baronett or Francis De la Rue Esquire but that the said Grants are hereby ratified and confirmed.

LVI.

Proviso for the Grants made to Dr. John Lisle, John Baker, eldest Son of Colonel Baker, and James Roch, for Services in the Siege of Londonderry.

And whereas alsoe Doctor John Leslie, the Widow and Children of Colonel Henry Baker deceased, late Governour of London Derry, and Captaine James Roch, in Consideration of the great and eminent Services by them the said Doctor John Leslie, Colonel Baker, and Captaine Roch, respectively performed in the Siege of London Derry, during the late Rebellion in Ireland, are intituled to some Parts of the said forfeited Estates and Interests in Ireland, by Grants from His Majestie, or from His Majesty and the late Queene, which Grants will by this Act be avoided and the Estates vested in the said Trustees: Bee it therefore enacted, That the Grant made to the said Doctor John Leslie, and his Heires, and the Grant made to John Baker, eldest Son of the said Colonel Baker, and his Heires, upon the Trusts in the said Grants mentioned, for the Benefitt of his Mother Brother and Sisters, and alsoe the Grant and Grants made to the said James Roch, in lieu of the Reward promised him for his eminent Services in the said Siege, shall be and remaine in full Force and Vertue, according to the Purport and Effect of the said severall and respective Grants; Any thing in this Act contained to the contrary thereof in any wise notwithstanding

LVII. Proviso for Grant, &c. to Sir Christopher Wandesford Baronet, from the Natives of Idough, called Brenans

Provided alwaies, and be it enacted by the Authority aforesaid, That this Act nor any thing therein contained, shall extend, or be construed to extend to vacate or prejudice the Grant and Release to Sir Christopher Wandesford Baronett, of all the Claimes and Demands of certaine Natives of Idough, called Brenans for a Legacy granted to the said Brenans by the Last Will and Testament of Sir Christopher Wandesford Baronett deceased, bearing Date the Second of October One thousand six hundred and forty, which said Brenans have beene outlawed for being in Rebellion against His Majesty in Ireland.

LVIII. Proviso for Grant for Children of Sir Charles Porter.

Provided, alsoe, That nothing in this Act shall make void a Grant to or in Trust for [the Children of (fn. 11) ] Sir Charles Porter, late Lord Chancellor of Ireland but that the same shall be and remaine as if this Act had never beene made.

LIX. Debts owing on or since 13th Feb. 1688, to Persons convicted or attainted, payable by James Duke of Ormond, remitted.

[ (fn. 12) Provided alwaies, and in Consideration of the great Losses sustained by James Duke of Ormond, by reason of the said Rebellion, and as some Compensation thereof, and of the very many Great and Faithfull Services of the said Duke; Bee it further enacted, That all and every Debt and Debts, Summe and Summes of Money, which on the said Thirteenth Day of February, One thousand six hundred eighty eight, or att any time since were due & owing to any Person or Persons convicted or attainted, as aforesaid, or any others in trust for them or any of them, and were payable by the said Duke, or charged or chargeable on any of his Lands or Tenements, shall be, and are hereby absolutely remitted and discharged.

LX. Proviso for Portions, &c. of Daughters of the late Lord Kenmare.

Provided alwaies, and be it enacted by the Authority aforesaid, That the Daughters of the late Sir Valentine Browne, commonly called Lord Kenmare, shall and may have and enjoy the Portions and Maintenances settled, charged and provided for them by the Deed and Will of the said Sir Valentine their late Father, according to the true Intent of the said Settlement and Will; the Outlawry or Attainder of the said Sir Valentine, or any thing in this Act to the contrary thereof in any wise notwithstanding.

LXI. Proviso for £6,000 among the Daughters of Calaghan Earl of Clancarty, for Maintenance, &c.

Provided alwaies, and it is hereby enacted, That the said Trustees, or any Seaven or more of them, shall and are hereby impowered and required to pay, or cause to be paid unto the Ladies Margaret, Elizabeth and Catharine, Daughters of Calaghan, late Earle of Clancarty, the Summe of Six thousand Pounds equally to be divided amongst them for their respective Maintenance and Portions out of the Produce of the Earle of Clancarty's forfeited Estate; Any thing herein contained to the contrary notwithstanding; which Summe of Six thousand Pounds is hereby declared to be in full Satisfaction of all Claimes and Demands of the said Daughters, or any Claimes of theirs, or any Persons in Trust for them under their late Mother.

LXII. Proviso for Dorothy Baroness Dowager of Upper Ossory, in respect of Grant of Lands for Life, of £80 perAnnum.

Provided alwaies, and be it enacted That Dorothy Baronesse Dowager of Upper Ossory in the Kingdome of Ireland, shall and may have hold, and enjoy for her Maintenance, a Grant from His Majesty for Ninety nine Yeares, if she live soe long, of certaine Lands and Tenements in the Barony of Upper Ossory, in the Queens County, being late Part of the Estate of her late Husband, and now in her Possession, soe as the same doe not exceed the cleare Yearely Value of Eighty Pounds.]

LXIII.

Grant of £989,965 19s. 6½d. for the Navy, Guards, Garrisons, &c. to be raised in One Year, from 15th Feb. 1699, according to the Proportions following.

And Wee Your Majesties said most dutifull and loyall Subjects the Commons of England in Parliament assembled, takeing into Consideration the great Expence which is necessary for maintaining, as well Your Majesties Navy, as Your Guards and Garrisons, and being desireous to raise a Supply for that Purpose, as alsoe towards dischargeing the Debt which is due to Seamen, and for other necessary Occasions, have chearfully and unanimously given and granted unto Your Majesty, the Rates and Assessments hereafter mentioned; And Wee doe humbly beseech 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 Spirituall and Temporall, and Commons in this present Parliament assembled, and by the Authority of the same, That the Summe of Nine hundred eighty nine thousand nine hundred sixty five Pounds nineteene Shillings and Six Pence Halfe penny, shall be raised, levied, and paid unto His Majesty, within the Space of One Yeare, from the Fifteenth Day of February, One thousand six hundred ninety nine, and shall be assessed and taxed, in the severall Counties, Cities, Boroughs, Townes and Places within the Kingdome of England, Dominion of Wales and Towne of Berwick upon Tweed; according to the Proportions and in the Manner following (that is to say)

For the Towne of Bedford The Summe of Three hundred fourty six Pounds, Five Shillings and Six Pence Halfe Penny.

For the rest of the County of Bedford, The Summe of Thirteene thousand nine hundred thirty one Pounds, One Shilling and Eleaven Pence Farthing.

For the Borough of New Windsor and Castle there, The Summe of Four hundred eighty nine Pounds, Five Shillings.

For the rest of the County of Berks The Summe of Twenty thousand and thirty seaven Pounds, Fifteene Shillings and Four Pence.

For the Borough of Bucks, with Borton, Borton-hold, Prebend-end, Gawcott and Lenborow, The Summe of Three hundred and six Pounds Tenn Shillings, and Two Pence Three Farthings.

For the Borough of Wicombe The Summe of One hundred seaventy nine Pounds, Eight Shillings and Nine Pence.

For the rest of the County of Bucks The Summe of Twenty three thousand three hundred forty four Pounds, Nine Shillings and Nine Pence Farthing.

For the University and Towne of Cambridge The Summe of Fourteene hundred twenty three Pounds One Shilling and Six Pence Halfe penny.

For the Isle of Ely, The Summe of Four thousand and four Pounds, Two Shillings and Nine Pence Three Farthings.

For the rest of the County of Cambridge The Summe of Tenne thousand nine hundred eighty five Pounds, Seaventeene Shillings and One Penny Three Farthings.

For the City and County of the City of Chester, The Summe of Seaven hundred ninety two Pounds, Three Shillings, and Six Pence.

For the County of Chester The Summe of Thirteene thousand five hundred and seaven Pounds, Nine Shillings and Five Pence Farthing.

For the County of Cornwall, The Summe of Fifteene thousand nine hundred eighty seaven Pounds Thirteene Shillings.

For the County of Cumberland The Summe of Eighteene hundred fifty six Pounds Nineteene Shillings and One Penny Farthing.

For the County of Derby, The Summe of Twelve thousand forty six Pounds, Nineteene Shillings and Tenn Pence Three Farthings.

For the City and County of the City of Exon, The Summe of Two thousand three hundred fifty four Pounds and Two Pence Three Farthings.

For the County of Devon, The Summe of Thirty eight thousand nine hundred thirty seaven Pounds, Eleaven Shillings and Five Pence Farthing.

For the Towne and County of the Towne of Pool, The Summe of One hundred sixty four Pounds, One Shilling.

For the County of Dorsett, The Summe of Sixteene thousand three hundred ninety four Pounds, Two Shillings and Nine Pence Farthing.

For the County of Durham, The Summe of Five thousand two hundred ninety eight Pounds, Seaventeene Shillings, and Two Pence Three Farthings.

For the West Rideing of the County of York, The Summe of Nineteene thousand six hundred eighty one Pounds and Six Pence Halfe penny.

For the North Riding of the County of York, The Summe of Thirteene thousand two hundred twenty five Pounds, Eight Shillings and Six Pence.

For the East Rideing of the County of York, The Summe of Nine thousand five hundred sixty three Pounds, Eleaven Shillings and Five Pence Halfe penny.

For the City of York, and County of the same City, The Summe of Two thousand three hundred and nineteene Pounds Fourteene Shillings,

For the Towne and County of the Towne of Kingston upon Hull, The Summe of One thousand and twenty six Pounds Eleaven Shillings and Two Pence.

For the Towne of Malden in the County of Essex, The Summe of Two hundred ninety eight Pounds, Nine Shillings.

For the Towne of Colchester, The Summe of Fourteene hundred and fifty Pounds, One Shilling and One Penny Halfe penny.

For the Towne of Harwich and Dover Court, The Summe of Two hundred and one Pounds, Sixteene Shillings and Six Pence.

For the rest of the County of Essex, The Summe of Forty three thousand five hundred fifty three Pounds, Four Shillings and Two Pence Halfe-penny.

For the City and County of the City of Gloucester, The Summe of Six hundred ninety eight Pounds, Two Shillings and Four Pence.

For the whole County of Gloucester, The Su[m]me of Twenty three thousand and sixty three Pounds, Four Shillings and One Penny.

For the City of Hereford, The Summe of Three hundred eighty one Pounds, Eighteene Shillings and Eight Pence.

For the Borough of Leominster, The Summe of One hundred sixty six Pounds, Seaventeene Shillings and Tenn Pence.

For the rest of the whole County of Hereford The Summe of Nine thousand six hundred fifty five Pounds, Sixteene Shillings and Tenn Pence.

For the Borough of Saint Albans in the County of Hertford, The Summe of Three hundred eighty seaven Pounds, One Shilling.

For the rest of the whole County of Hertford, The Summe of Twenty one thousand ninety nine Pounds, Eleaven Shillings and Eight Pence.

For the Towne of Huntingdon The Summe of Two hundred and sixteene Pounds Six Shillings and Four Pence.

For the rest of the County of Huntingdon, The Summe of Seaven thousand five hundred thirty two Pounds, Six Shillings and Two Pence.

For the City and County of the City of Canterbury, The Summe of Eight hundred eighty one Pounds, Two Shillings and Tenn Pence.

For the Towne and Liberty of Dover, The Summe of Nine hundred sixty one Pounds, Sixteene Shillings and Tenn Pence Halfe penny.

For the Towne of Folkstone, The Summe of Seaventy two Pounds, Nine Shillings and Six Pence.

For the Towne of Fordwich, The Summe of Thirty eight Pounds, Fourteene Shillings.

For the Towne of Feversham, The Summe of Two hundred fifty nine Pounds, Fifteene Shillings and One Penny Halfe penny.

For the Towne of Tenderden, The Summe of Five hundred and sixteene Pounds, Three Shillings.

For the Towne and Liberty of Sandwich The Summe of Four hundred ninety five Pounds, Eighteene Shillings and Three Pence.

For the Towne and Port of New Romney, The Summe of One hundred twenty four Pounds, Eighteene Shillings and Six Pence.

For the Towne of Lyd, The Summe of Three hundred eighty four Pounds, Nineteene Shillings and Nine Pence.

For the Towne and Port of Hith and West Hith, within the Liberty of the said Towne and Port, The Summe of One hundred twenty three Pounds, One Shilling.

For the rest of the whole County of Kent, The Summe of Thirty seaven thousand eight hundred sixty two Pounds, Fifteene Shillings, and Four Pence.

For the County of Lancaster The Summe of Tenn thousand four hundred ninety four Pounds, Seaventeene Shillings and Three Pence Farthing.

For the Borough of Leicester The Summe of Three hundred and nineteene Pounds, Sixteene Shillings.

For the rest of the County of Leicester, The Summe of Seaventeene thousand one hundred and sixteene Pounds, Three Shillings and Six Pence Three Farthings.

For the County of Lincolne with the City and County of the City of Lincolne, The Summe of Thirty six thousand one hundred and thirteene Pounds, Five Shillings and Two Pence.

For the City of London, The Summe of Sixty one thousand six hundred sixty seaven Pounds, One Shilling and Three Pence Halfe penny.

For Serjeants Inn in Fleetstreete, The Summe of Thirty two Pounds, Twelve Shillings.

For Serjeants Inn in Chancery Lane, The Summe of Fifteene Pounds, Twelve Shillings.

For the Inner Temple, and Inns of Chancery thereunto belonging, The Summe of Two hundred Pounds.

For the Middle-Temple and Inns of Chancery thereunto belonging, The Summe of One hundred thirty six Pounds, Eight Shillings.

For the Society of Lincolns-Inn and the Inns of Chancery thereunto belonging, The Summe of One hundred and seaventy Pounds, Thirteene Shillings and Nine Pence

For Grays Inn and the Inns of Chancery thereunto belonging, The Summe of One hundred twenty six Pounds, Six Shillings and Eight Pence.

For the Palaces of Whitehall and St, James's The Summe of Five thousand three hundred forty three Pounds, Two Shillings and Eight Pence.

For the City of Westminster and Liberties thereof, and Offices executed in Westminster-Hall, The Summe of Thirty one thousand seaven hundred twenty nine Pounds, and Three Pence Farthing.

For the rest of the County of Middlesex, The Summe of Fifty four thousand four hundred fifty six Pounds, Four Shillings and Nine Pence Halfe-penny.

For the County of Monmouth The Summe of Four thousand nine hundred and six Pounds, Three Shillings and Two Pence Three Farthings.

For the City and County of the City of Norwich, The Summe of Four thousand two hundred fifty nine Pounds, Five Shillings and Eleaven Pence Halfe-penny.

For the Borough of Great Yarmouth, The Summe of Fourteene hundred and tenn Pounds, One Shilling and Six Pence Halfe penny.

For the Borough of Kings-Lyn, The Summe of Nine hundred and seaven Pounds, Seaven Shillings.

For soe much of the Borough of Thetford as lyes in the County of Norfolke, The Summe of One hundred and nineteene Pounds, Tenn Shillings.

For the rest of the whole County of Norfolke; The Summe of Thirty five thousand six hundred thirty four Pounds, One Shilling and Eight Pence.

For the Towne of Northampton The Summe of Four hundred and fiteene Pounds, Three Shillings and Eleaven Pence.

For the rest of the County of Northampton, The Summe of Twenty three thousand six hundred thirty eight Pounds, Nine Shillings and Five Pence Halfe-penny.

For the Towne and County of the Towne of Newcastle upon Tyne The Summe of Twelve hundred and ninety Pounds Eight Shillings and Two Pence.

For the Towne of Berwick upon Tweed The Summe of Seaventy two Pounds, Eleaven Shillings and Six Pence.

For the County of Northumberland, The Summe of Five thousand nine hundred and eleaven Pounds, Nine Shillings.

For the Towne and County of the Towne of Nottingham, The Summe of Eight hundred and seaven Pounds, Five Shillings and Three Pence Three Farthings.

For the County of Nottingham, The Summe of Twelve thousand eight hundred thirty one Pounds, and One Penny.

For the University of Oxon, The Summe of Fifty five Pounds, Eighteene Shillings and Seaven Pence.

For the City of Oxon The Summe of Eighteene hundred and eleaven Pounds, Six Shillings and Three Pence.

For the rest of the County of Oxon, The Summe of Seaventeene thousand seaven hundred twenty four Pounds, Eight Shillings, and Three Pence Halfe-penny.

For the County of Rutland, The Summe of Two thousand seaven hundred sixty two Pounds, Eleaven Shillings and Eleaven Pence Farthing.

For the Towne of Ludlow, The Summe of One hundred and thirteene Pounds, One Shilling.

For the County of Salop, the Summe of Fourteene thousand four hundred and seaventeene Pounds, Eight Shillings and Six Pence Three Farthings.

For the City and County of the City of Bristoll, the Summe of Three thousand six hundred ninety five Pounds, Fifteene Shillings and Four Pence.

For the City of Bath, the Summe of Two hundred twenty one Pounds, Thirteene Shillings.

For the City of Wells, the Summe of Two hundred and forty Pounds, Eighteene Shillings and Nine Pence.

For the Borough of Bridgewater, with Haygrove Tithing, the Summe of One hundred eighty three Pounds, Two Shillings and Six Pence.

For the rest of the County of Somersett, The Summe of Thirty one thousand eight hundred ninety five Pounds Two Shillings and Two Pence.

For the Towne and County of the Towne of Southampton, The Summe of Three hundred ninety seaven Pounds, Five Shillings and a Halfe-penny.

For the Isle of Wight, The Summe of Three thousand one hundred thirty six Pounds, Eighteene Shillings.

For the rest of the County of Southampton, The Summe of Twenty four thousand fifty nine Pounds, Nineteene Shillings and Eleaven Pence Three Farthings.

For the City and County of the City of Litchfield The Summe of Two hundred and tenne Pounds, Nine Shillings and Eight Pence.

For the County of Stafford, The Summe of Thirteene thousand three hundred and fifty Pounds, One Shilling and Eleaven Pence.

For the Towne of Ipswich, The Summe of One thousand and Thirty Pounds, Eleaven Shillings and Nine Pence.

For the Borough of Bury St. Edmonds, The Summe of One thousand Sixty three Pounds, Seaven Shillings and Six Pence.

For the Borough of Dunwich, The Summe of Twenty Pounds, One Shilling and Nine Pence.

For the Borough of Eye, The Summe of Two hundred fifty one Pounds.

For the Borough of Sudbury, The Summe of Two hundred fifty three Pounds, Four Shillings and Four Pence.

For soe much of the Borough of Thetford as lyes in Suffolke, The Summe of Thirty nine Pounds Twelve Shillings.

For the rest of the County of Suffolke, The Summe of Thirty four thousand two hundred fifty one Pounds, Fifteene Shillings and Three Pence.

For the County of Surrey, The Summe of Thirty three thousand five hundred and seaven Pounds, Six Shillings and Nine Pence Farthing.

For the Towne and Port of Hastings, and Liberty thereof, The Summe of One hundred eighty nine Pounds, Three Shillings.

For the Liberty of Seaford, The Summe of Seaventy Pounds, Nineteene Shillings.

For the Liberty of Pevensey, The Summe of Five hundred forty four Pounds, Five Shillings.

For the Towne and Parish of Rye, The Summe of Two hundred thirty six Pounds, Nineteene Shillings.

For the Towne of Winchelsea The Summe of Two hundred and two Pounds, Tenne Shillings.

For the rest of the whole County of Sussex, The Summe of Twenty nine thousand one hundred sixty six Pounds, Four Shillings and Six Pence Halfe-penny.

For the City and County of the City of Coventry, The Summe of Twelve hundred thirty one Pounds, Seaventeene Shillings and Four Pence Halfe-penny.

For the County of Warwick, The Summe of Eighteene thousand seaven hundred-Pounds, Seaven Shillings and Eleaven Pence Halfe-penny.

For the City and County of the City of Worcester The Summe of Eleaven hundred and nineteene Pounds, Fourteene Shillings and Tenne Pence.

For the County of Worcester, The Summe of Fifteene thousand seaven hundred twenty eight Pounds, Fourteene Shillings and Five Pence-Halfe-penny.

For the City of New Sarum, The Close of the same, and Clarendon Park, The Summe of Nine hundred sixty seaven Pounds, Eighteene Shillings and Three Pence.

For the rest of the County of Wilts, The Summe of Twenty four thousand eight hundred sixty eight Pounds, Five Shillings and Eight Pence Halfe-penny.

For the County of Westmerland The Summe of Fifteene hundred twenty two Pounds Eleaven Shillings and Ten Pence Three Farthings.

For the Isle of Anglesey The Summe of Eight hundred and sixteene Pounds, Thirteene Shillings and Eleaven Pence Halfe-penny.

For the Borough of Brecon. The Summe of Eighty eight Pounds Nineteene Shillings and Ten Pence.

For the rest of the County of Brecon, The Summe of Fourteene hundred thirty six Pounds, Nineteene Shillings and Two Pence.

For the County of Cardigan, The Summe of Six hundred eighty six Pounds, Eight Shillings and One Penny.

For the County-Borough of Carmarthen The Summe of One hundred and fourteene Pounds, Nineteene Shillings and Four Pence.

For the County of Carmarthen The Summe of Two thousand and seaventy Pounds, One Shilling Eleaven Pence Three Farthings.

For the County of Carnarvon, The Summe of Eleaven hundred sixty eight Pounds, Thirteene Shillings and Three Pence Halfe-penny.

For the County of Denbeigh, The Summe of Three thousand four hundred Pounds.

For the County of Flint, The Summe of Eleaven hundred fifty seaven Pounds, Eight Shillings and Six Pence.

For the County of Glamorgan, The Summe of Three thousand nine hundred fifty three Pounds, Four Shillings and Eleaven Pence.

For the County of Merioneth, The Summe of Twelve hundred and sixteene Pounds, Seaven Shillings and Eleaven Pence.

For the County of Montgomery, The Summe of Two thousand nine hundred twenty six Pounds, Nine Shillings and Two Pence.

For the County of Pembroke, The Summe of Fourteene hundred ninety eight Pounds, Eighteene Shillings and Tenne Pence Farthing.

For the County of Radnor, The Summe of Thirteene hundred forty six Pounds, Three Shillings.

And for the Towne and County of the Towne of Haverford-West, The Summe of Eighty seaven Pounds, Eight Shillings and Eight Pence.

LXIV. Personal Estates (except desperate Debts, Stock on Land, Household Goods, and Debts due from His Majesty) to pay 2s. in the Pound.

Employments of Profit (except Military Officers of the Land Forces or Navy), 2s. in the Pound; Pensions and Annuities out of the Exchequer, &c. not issuing out of or charged upon Lands, &c., and not specially exempted by Act of Parliament, 2s. in the Pound.

And be it enacted by the Authority aforesaid, That towards the raiseing of the said severall and respective Summes of Money hereby charged upon the respective Counties, Cities, Boroughs, Townes and other Places as aforesaid, all and every Person and Persons, Bodies Politick and Corporate, Guilds and Fraternities within the same respectively, haveing any Estate in ready Money, or in any Debts whatsoever, owing to them within this Realme, or without, or haveing any Estate in Goods, Wares, Merchandizes, or other Chattells, or Personall Estate whatsoever within this Realme or without, belonging to, or in Trust for them (except, and out of the Premisses deducted, such Summes as he or they doe bona fide owe and such Debts owing to them as shall be adjudged desperate by the Commissioners appointed by this Act; and alsoe except the Stock upon Land, and such Goods as are used for Household stuffe; and alsoe except such Loans or Debts as are or shall be owing from His Majesty to any Person or Persons) shall yeild and pay unto His Majesty, the Summe of Two Shillings in the Pound, according to the true yearely Value thereof, for one Yeare, that is to say; For every hundred Pounds of such ready Money and Debts and for every Hundred Pounds worth of such Goods, Wares, Merchandizes, or other Chattells, or Personall Estate, the Summe of Twelve Shillings, and soe after that Rate for every greater or lesser Summe or Quantity, to be assessed levied & collected in manner hereafter mentioned; And that all and every Person and Persons, and all and every Commissioner or Commissioners, haveing, useing or exerciseing any Publick Office or Imployment of Profitt (such Military Officers who are or shall be in Muster by the Muster Master Generall of His Majesties Guards and Garrisons, or in pay in His Majesties Guards or Garrisons, or Navy, in respect of such Offices only excepted) and all and every their Agents, Clerks, Secondaries, Substitutes and other inferior Ministers whatsoever, shall yield and pay unto His Majesty the Summe of Two Shillings for every Twenty Shillings which he or they doe receive in One Yeare, by vertue of any Salaries, Gratuities, Bounty-Money, Reward, Fees or Profitts to him or them accrewing for or by reason or occasion of their severall Offices or Imployments; And that all and every Person and Persons Guilds, Fraternities, Bodies Politick or Corporate, haveing any Pension, Annuity, Stipend or other yearely Payment either out of the Receipt of His Majesties Exchequer, or out of any Branch of His Majesties Revenues, or payable or secured to be paid by any Person or Persons whatsoever (not being issueing out of any Lands, Tenements or Hereditaments charged upon the same, touching which other Directions are given by this Act, and not being Annuities or yearely Payments, which by any Act or Acts of Parliament made or to be made, are or shall be specially exempted from the Payment of Taxes or Aids) shall yield and pay to His Majesty, the Summe of Two Shillings for every Twenty Shillings by the Yeare, of every such Pension, Annuity, Stipend or yearely Payment respectively, and after that Rate for one whole Yeare; the said severall Rates and Summes of Money hereby granted to be assessed, imposed, levied and collected, in such Manner as hereafter is mentioned.

LXV. Manors, Lands, Quarries, Mines, Parks, Fishings, &c. Annuities, Rent Charges, &c. as well within ancient Demesne as without, to be charged with a Pound Rate; to be charged with as much Equality as possible; to be paid into the Exchequer by Four Quarterly Payments. The First Payment to be made on 15th May 1700.

And to the end the full and entire Summes by this Act charged upon the severall Counties, Cities, Boroughs, Townes and Places respectively as aforesaid, may be fully and compleatly raised and paid to His Majesties Use, Bee it further enacted by the Authority aforesaid, That all and every Mannors, Messuages, Lands and Tenements, and alsoe all Quarries, Mines of Coale, Tinn or Lead, Copper, Mundick-Iron, or other Mines, Iron-Works, Salt Springs and Salt-Works, all Allom-Mines or Works all Parkes, Chases, Warrens, Woods, Underwoods, Coppices, and all Fishings, Tithes, Tolls, Annuities, and all other yearely Profitts, and all Hereditaments of what Nature or Kind soever they be, scituate, lying and being, happening or ariseing within the severall and respective Counties, Cities, Boroughs, Townes or Places aforesaid respectively, or within any Parts of the same, as well within ancient Demense, and other Liberties and priviledged Places, as without, and all and every Person and Persons Bodies Politick and Corporate, Guilds, Misteries Fraternities and Brotherhoods, whether Corporate or not Corporate, haveing or holding any such Mannors, Messuages Lands, Tenements, Hereditaments, or other the Premisses, in respect thereof, shall be charged with as much Equality and Indifference as is possible, by a Pound Rate, for or towards the said severall and respective Summes of Money by this Act sett and imposed, or intended to be imposed for or upon all and every such Counties, Cities, Boroughs, Townes or other Places hereby charged therewith, as aforesaid, soe that by the said Rates soe to be taxed or assessed, for or upon the said Ready Moneys, Debts, Goods, Wares, Merchandizes, Chattells or Personall Estates, and for or upon the said Offices or Employments of Profitt, and for and upon the Pensions, Annuities, Stipends or yearely Payments aforesaid, and for and upon the said Mannors, Messuages, Lands, Tenements, Hereditaments, and other the Premisses, according to the Purport, and true Meaneing of this present Act, the full and entire Summes hereby appointed to be raised, as aforesaid, shall be compleatly and effectually taxed, assessed, levied, and collected, and shall be paid into the Receipt of His Majesties Exchequer, by Four Quarterly Payments; the First Payment thereof to be made upon or before the Fifteenth Day of May, which shall be in the Yeare of our Lord, One thousand seaven hundred.

LXVI. Recital that many Manors, &c. are liable to Incumbrances.

Landlords, &c. of such Manors, &c. to retain the Rate, and Incumbrancers are to allow it.

And whereas many of the Mannors, Messuages, Lands, Tenements, Tithes, Hereditaments and Premisses, intended by this Act to be charged with the Pound Rate, as aforesaid, stand incumbred with, or are subject and liable to the Payment of severall Rent-Charges or Annuities, or other Annuall Payments issueing out of the same, or to the Payment of divers Fee-Farme Rents, Rents-Service, or other Rents thereupon reserved or charged, by Reason whereof the true Owners and Proprietors of such Mannors Messuages, Lands, Tenements, or Hereditaments, doe not in truth receive to their owne Use the true yearely Value of the same, for which neverthelesse they are by this Act chargeable with a certaine Pound Rate; It is therefore declared and enacted by the Authority aforesaid, That it shall and may be lawfull to and for the Landlords, Owners and Proprietors of such Mannors, Messuages, Lands, Tenements, Hereditaments and Premises, being charged with a Pound Rate, as aforesaid, to abate and deduct, and to retaine and keepe in his or their Hands, out of every such Fee-Farme Rent, or other Annuall Rent or Payment, soe much of the said Pound Rate, which shall be taxed or assessed upon the said Mannors, Messuages, Lands, and Premisses, as a like Rate for every such Fee-Farme Rent or other Annuall Rent or Payment respectively, shall by a just Proportion amount unto, And all and every Person and Persons, who are or shall be any way intituled to such Rents or Annuall Payments, are hereby required to allow such Deductions and Payments, upon Receipt of the Residue of such Moneys, as shall be due and payable to them for such Rents or Annuall Payments reserved or charged, as aforesaid.

LXVII. Commissioners under 10 W. III. c. 9. to be Commissioners under this Act.

And be it further enacted by the Authority aforesaid, That for the better assessing, ordering, levying and collecting of the severall Summes of Money soe, as aforesaid limited and appointed to be paid; and for the more effectuall putting of this present Act in Execution, all and every the Persons who were named or otherwise appointed to be Commissioners for putting in Execution the Act of Parliament made and passed at Westminster in the Tenth Yeare of His Majesties Reigne, intituled, An Act for granting to His Majesty the Summe of One Million four hundred eighty four thousand and fifteene Pounds, One Shilling Eleaven Pence Three Farthings for disbanding the Army, provideing for the Navy, and for other necessary Occasions, within the severall Counties, Rideings, Cities, Boroughs, Cinque-Ports, Townes and Places within the Kingdome of England Dominion of Wales, and Towne of Berwick upon Tweed, being duely qualified according to this Act, shall be Commissioners for putting in Execution this present Act and the Powers therein contained for the same Counties, Rideings, Cities, Boroughs, Cinque-Ports, Townes and Places respectively.

LXVIII. The said Commissioners to meet on or before 3d May 1700, to put this Act in Execution.

Commissioners, at such Meeting, to set down in Writing Proportions to be paid by every Division, with regard to One Moiety of the Assessment, 4 W. & M. c. 1. and divide themselves; Proviso.

And be it further enacted and declared, That the severall Commissioners aforesaid, shall meet together at the most usuall and common Place of Meeting within each of the said Counties, Rideings, Cities, Boroughs, Townes and Places respectively, for which they are hereby appointed Commissioners, on or before the Third Day of May, One thousand seaven hundred And shall meet afterwards in like manner as often as it shall be necessary for the putting this Act in Execution And the said Commissioners, or soe many of them as shall be present at such Generall Meeting or Meetings or the major Part of them, are hereby authorized and required to putt this present Act in Execution; And shall ascertaine and sett downe in Writing the severall Proportions which ought to be charged upon every Hundred, Lath, Wapentake, Rape Ward or other Division respectively, for and towards the raiseing and makeing up the whole Summe by this Act charged upon the whole County, City, or other Place, for which they are hereby appointed Commissioners; haveing regard in proportioning the same, to sett downe and ascertaine one Moiety or Halfe Part of the entire Summes which were assessed on the same Hundreds or Divisions respectively, by vertue of the Act of Parliament made and passed in the Fourth Yeare of the Reigne of His Majesty and of our late Gracious Sovereigne Queene Mary, of blessed Memory, intituled, An Act for granting to Their Majesties an Aid of Four Shillings in the Pound for One Yeare, for carrying on a vigorous Warr against France; And shall alsoe if they see cause subdivide and distribute themselves, and the other Commissioners, not then present, into lesser Numbers, soe as Two or more of the said Commissioners may be appointed for the Service of each Hundred, Lath, Wapentake, Rape Ward, or other Division, and as may best conduce to the carrying on of His Majesties Service hereby required; Neverthelesse not thereby to restraine the said Commissioners or any of them, from acting as Commissioners in any other Part of the County or Place for which they are appointed.

LXIX. Commissioners, at such Meeting, to set down in Writing what Number shall act in each Division.

The Proportions to be equally assessed; Commissioners to order Constables, &c. to attend, and then read to them their Charge; Constables, &c. absenting themselves, or appearing, and refusing to serve, Penalty; Commissioners to issue Warrant for appointing Assessors, and requiring them to appear and certify the Names of Inhabitants liable to Rate, with the Particulars, and in Manner herein mentioned; and to bring with them Certificates and Returns of Persons to be Collectors; Parish, &c. answerable for Collectors paying in to Receiver General; Assessor, before entering upon his Office, to take the Oaths of 1 W. & M. Sess. 1. c. 8. § 12; Two Commissioners may administer the Oaths; Assessors to give One Copy of their Assessment to the Commissioners; who are to sign and seal Two Duplicates; One to be delivered to Collectors, the other to Receiver General; A like Duplicate to be transmitted to Remembrancer's Office; Appeals first determined; Receipts for Duplicates gratis. Penalty £10.

And for the more effectuall Performance, thereof, Bee it enacted and declared, That the Commissioners at such Generall Meeting or the major Part of them, shall alsoe agree and sett downe in Writing, who and what Number of the said Commissioners shall act in each of the said Divisions or Hundreds, and shall deliver true Copies of such Writing to the Receiver Generall, to be appointed by His Majesty, to the end there may be no failure in any Part of the due Execution of the Service by this Act required; And the Commissioners within the severall Hundreds Laths, Wapentakes, Rapes, Wards, or other Divisions, or any Two or more of them, are hereby authorized and required to cause the severall Proportions, charged on the severall Hundreds, Laths, Wapentakes, Rapes, Wards, or other Divisions, for or towards the Aid hereby granted, to be equally assessed and taxed within every such Hundred Lath, Wapentake, Rape, Ward, or other Division, and within every Parish and Place therein, according to the best of their Judgments and Discretion; And for that end and Purpose, to direct their severall or joynt Precept or Precepts to such Inhabitants, High Constables, Petty Constables, Bailiffes, or other Officers or Ministers, and such Number of them, as they in their Discretions shall think most convenient to be Presenters and Assessors; requiring them to appeare before the said Commissioners, at such Place and Time, not exceeding Tenn Daies as they shall appoint; And at such their Appearances, the said Commissioners, or such of them as shall be then present, shall openly declare the Effect of their Charge to them, and how and in what Manner they should and ought to make their Assessments and how they ought to proceed in the Execution of this Act, according to the true Meaneing of the same, And if any such Constable, Petty-Constable, Bailiffe, Officer, Minister, or other Inhabitants, to whom any Precept shall be directed, shall absent themselves, without lawfull Excuse, to be made out by the Oaths of Two Credible Witnesses, which Oaths the said Commissioners, or any Two of them, are hereby impowered to administer, or if any Person appearing shall refuse to serve, then every such Person soe makeing Default or refuseing to serve, shall for every such Default or Refusall forfeite and loose to His Majesty, such Summes as the Commissioners, or soe many as shall be present, or the major Part of them, being present, shall think fitt, not exceeding the Summe of Five Pounds; And after such Charge given, as aforesaid, the said Comissioners, shall take care that Warrants be issued forth and directed to Two at least of the most able and sufficient Inhabitants of each Parish, Towneshipp or Place, within the respective Divisions, thereby appointing and requireing them to be Assessors of all and every the Rates and Summes of Money by this Act imposed; And shall therein alsoe appoint and prefix a certaine Day and Place, for the said Assessors to appeare before them, and to bring in their Assessments in Writing; which said Assessors are hereby strictly injoyned and required, with all Care and Diligence, to assesse the full Summe given them in Charge respectively; upon all Ready Money, Debts, Personall Estates, Offices, Imployments, Annuities and Pensions, according to this Act, and by an equall Pound Rate, upon all Mannors, Lands, Tenements, Rents, Hereditaments and other the Premisses, within the Limmits, Circuits and Bounds of the respective Parishes and Places for which they shall be soe appointed Assessors, as aforesaid; And shall bring with them att the Time and Place, soe as aforesaid, prefixed for their Appearance, a Certificate in Writing of the said Assessment; And shall then alsoe returne the Names of Two or more able and sufficient Persons, liveing within the Limmitts and Bounds of those Parishes, Towneships, Constablewicks or Places, where they shall be chargeable respectively, to be Collectors of the Moneys which shall be assessed, as aforesaid, and to be paid to His Majesty by this Act For whose paying in to the Receiver Generall, or his Deputy, in manner hereafter mentioned, such Moneys as they shall be charged withall, the Parish or Place wherein they are soe imployed shall be answerable; And every Assessor appointed, or to be appointed, by virtue of this Act, shall before he take upon him the Execution of the said Imployment, take the Oaths mentioned and required to be taken, by an Act made in the Parliament, held in the First Yeare of the Reigne of King William and Queene Mary, intituled, An Act for the abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths; which Oaths any Two or more of the said Commissioners in the County, City or Place where the said Assessment is to be made, have hereby Power, and are required to administer. And for the compleating of the whole Summe charged, as aforesaid, and to the end the aforesaid Summes charged upon the severall and respective Counties, Rideings, Cities, Boroughs, Townes and Places, may be duely collected, and true Accounts thereof made the said Assessors are hereby required to deliver one Copy of their respective Assessments fairly written and subscribed by them, unto the said Commissioners within the time to be prefixed, as aforesaid; And the said Commissioners, or any Two or more of them, are hereby ordered and required to signe and seale Two Duplicates of the said Assessments; And the one of them to deliver or cause to be delivered to Two or more honest and responsible Persons, to be Collectors; which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place, with Warrant to the said Collectors, to collect the same Assessment, payable as aforesaid, soe as the said severall Summes may be paid in to the said Receivers Generall, att the respective Times hereby limited; And the said Commissioners are hereby required to deliver, or cause to be delivered, a Schedule or Duplicate in Parchment under their Hands and Seales fairly written, containing the whole Summe assessed upon each Parish or Place unto the Receiver Generall of each County, Rideing, City, Borough, Towne or Place, respectively, or his Deputy And shall transmitt, or cause to be transmitted, a like Schedule or Duplicate into the Kings Remembrancers Office of the Exchequer; And this the said Commissioners shall cause to be done, upon or before the Eighth Day of July, One thousand seaven hundred, or within Twenty Daies after (all Appeales to them made being first determined;) For which Duplicates the Remembrancer or his Deputy, shall give to the Person that brings the same, a Receipt in Writing gratis, under the Penalty of Tenn Pounds, to be Pounds, to be recovered to the Kings Use, as other Penalties are by this Act recoverable.

LXX. Collectors to demand, &c. Rates at last Place of Abode.

Collectors to pay to Receiver General, &c. as Commissioners shall appoint.

And be it enacted by the Authority aforesaid, That the said Persons soe appointed to be Collectors, as aforesaid, shall levy and collect all and every the Rates or Taxes soe assessed or charged, according to the Intent and Direction of this Act: Which said Collectors are hereby required to demand all and every [the (fn. 13) ] Summe and Summs of Money which shall be soe taxed and assessed, of the Parties themselves, as the same shall become due, if they can be found or else att the Place of their last Abode, or upon the Premisses charged with the Assessment: And the said severall Collectors shall collect and levy the said Moneys soe charged for His Majesties Use; And are hereby required and enjoyned to pay unto the respective Receivers Generall or their Deputies, all and every the said Rates and Assessments by them respectively collected or received, att such Time or Times, Place or Places as the Commissioners, or any Two or more of them shall appoint, and soe as the whole Summe due for each Quarterly Payment shall be paid or answered by the Collectors to the Receivers Generall or their Deputies respectively, upon the Daies, and att the Times by this Act appointed for the Payment thereof.

LXXI. Money received by Collectors paid to Receiver General or his Deputy.

Notice by Receiver General to Commissioners of such Payment; Receipt of Receiver General, Discharge to Collector;Collectors to pay to Receiver General, &c.

And be it further enacted and declared by the Authority aforesaid, That the Money received by the said Collectors, within the respective Divisions or Hundreds, as aforesaid, shall from time to time be duely paid to the Receiver Generall or his Deputy or Deputies, to be appointed under his Hand and Seale, whereof Notice under the Hand and Seale of the Receiver Generall, shall be given to the Commissioners or any Two or more of them, within the respective Divisions or Hundreds, within Tenn Daies after the next Generall Meeting, and soe from time to time, within Tenn Daies after every Death or Removall of any Deputy (if any such shall happen) And the Receipt of such Receiver Generall his Deputy or Deputies or any of them (which Receipt or Acquittance shall be given gratis to the Collectors for all Moneys by them paid) shall be a sufficient Discharge to every such Collector; And the particular Collectors are hereby required to pay in all and every the Summes soe received by them, unto the said Receivers Generall, or their Deputy or Deputies; For Payment whereof, the said Collectors shall not be obliged to travell above Tenn Miles from the Place or Places of their Habitations.

LXXII. Times appointed for the Four Quarterly Payments.

And be it further enacted by the Authority aforesaid That the Summe of Two hundred forty seaven thousand four hundred ninety one Pounds, Nine Shillings and Tenn Pence Halfe-penny, for the First Quarterly Payment, shall be collected, levied and paid unto the Receivers Generall of the said severall Counties, Cities or other Places, who shall be appointed by His Majesty, on or before the Fifteenth Day of May, One thousand seaven hundred; And the Summe of Two hundred forty seaven thousand four hundred ninety one Pounds, Nine Shillings and Tenn Pence Halfe-penny for the Second Payment of the said Quarterly Payments on or before the Fifteenth Day of August, One thousand seaven hundred; And the Summe of Two hundred forty seaven thousand four hundred ninety one Pounds, Nine Shillings and Tenne Pence Halfe-penny, for the Third of the said Four Quarterly Payments, on or before the Fifteenth Day of November, One thousand seaven hundred; And the Summe of Two hundred forty seaven thousand four hundred ninety one Pounds, Nine Shillings and Eleaven Pence, for the Fourth and last of the said Four Quarterly Payments, on or before the Fifteenth Day of February, One thousand seaven hundred;

LXXIII. Receiver General to give Commissioners a Receipt for Monies received by them.

Such Receipt a Discharge to Division, &c; Receivers General to transmit Monies to Exchequer; Salary to Receiver General.

And be it further enacted by the Authority aforesaid, That every Receiver Generall from time to time, within the Space of One Month next after he shall have received the full Summe that shall be charged on any Hundred or Division, for each particular Payment that is to be made to such Receiver Generall, 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, acknowledging his Receipt of the full Summe charged upon such Hundred or Division for such particular Payment; Which Receipt shall be a full Discharge for each Hundred or Division for such particular Payment, against His Majesty His Heires and Successors, Which said Receivers Generall are hereby required forthwith (that is to say) within Twenty Daies after the Receipt of the same, as aforesaid, to transmitt or cause to be paid, the Moneys by them received into the Receipt of His Majesties Exchequer; And the Lords Commissioners of His Majesties Treasury are hereby authorized to allowe the said Receiver Generall of each County, Rideing, City and Towne respectively, a Salary for his Paines, not exceeding Two Pence in the Pound for soe much as he shall pay into the Exchequer, upon the clearing of his Account.

LXXIV. Allowance to Collectors.

Allowance to Commissioners Clerks.

And be it further enacted and declared by the Authority aforesaid, That the Collectors of the Rates and Assessments hereby granted, for gathering the particular Summes charged upon the Parish or Place, for which they shall be appointed Collectors, by virtue of this Act shall, upon Collection of the whole Summe appointed to be collected by them, and Payment thereof, as is hereby before appointed, have and receive for their Pains in collecting and paying the Moneys, Three Pence in the Pound, which the said Collectors are impowered to detaine out of the last Payment of the Money of their severall and respective Four Quarterly Payments And the said Receiver Generall, upon the Receipt of the whole Assessments of the County, Rideing, City or Towne, for which he is appointed Receiver Generall, in case he hath received the severall Duplicates of each Parish or Place therein, and that Duplicates shall be returned to the Office of His Majesties Remembrancer of the Exchequer, as aforesaid and not otherwise, shall allow and pay according to such Warrant as shall be in that behalfe given by the said Commissioners or any Two or more of them Three Halfe-pence in the Pound for the Commissioners Clerkes, for their Paines in fair Writing the Assessments, Duplicates and Copies herein before directed.

LXXV. Persons charged, neglecting, &c. to pay, Distress issued, and Proceedings thereon.

Rate not paid in Four Days, appraised and sold for Payment, and Overplus to Owner; Houses, &c. may be broken open, calling in Constables, &c; Questions upon Distress determined by Commissioners;Persons conveying away Goods, &c; Commissioners may imprison (except Peers); Tenants to pay Rate, and may deduct; Landlords to allow such Deductions.

And be it further enacted and declared, That if any Person shall refuse or neglect to pay any Summe of Money whereat he shall be rated and assessed by this Act, upon Demand, by the said Collectors of that Place, according to the Precept or Estreates to him or them delivered by the said Commissioners, that then and in every such Case it shall and may be lawfull to and for the said Collectors, or any of them, and they are hereby authorized and required to levy the Summe assessed by Distresse and Sale of the Goods and Chattells of such Person soe refuseing or neglecting to pay, or to distraine upon the Messuages, Lands, Tenements and Premisses, soe charged with any such Summe or Summs of Money; And the Goods and Chattells then and there found, and the Distresse soe taken, to keepe by the Space of Four Daies, att the Costs and Charges of the Owners thereof; And if the said Owners doe not pay the Summe or Summs of Money soe rated or assessed, within the Space of the said Four Daies, then the said Distresse to be appraized by Two or more of the Inhabitants where the same shall be taken or other sufficient Persons, and to be sold, by the Collectors for the Payment of the said Money, and the Overplus coming by such Sale (if any be) over and above the Tax and Charges of takeing and keeping of the said Distresse, to be immediately returned to the Owners thereof; And moreover it shall be lawfull to breake open in the Day time any House, and upon Warrant under the Hands and Seales of any Two or more of the said Commissioners, any Chest, Trunck, Box, or other Things where any such Goods are, and to call to their Assistance the Constables, Tithingmen and Headboroughs, within the Counties, Rideings, Cities, Townes and Places where any Refusall, Neglect or Resistance shall be made; which said Officers are hereby required to be aiding and assisting in the Premisses, as they will answer the contrary att their Perills; And if any Question or Difference happen upon takeing such Distresse the same shall be ended and determined by the said Commissioners, or any Two or more of them, And if any Person or Persons shall neglect or refuse to pay his or their Assessment, by the Space of Four Daies after Demand, as aforesaid, or convey away his or their Goods, or other Personall Estate, whereby the Summs of Money soe assessed, cannot be levied according to this Act, in every such Case any Two or more of the Commissioners to be appointed, as aforesaid, for any City, County or Place are hereby authorized, by Warrants under their Hands and Seales, to committ such Person or Persons (except a Peer or Peeresse of this Realme) to the common Goal, there to be kept without Bail or Mainprise, untill Payment be made of the Money assessed, and the Charges for the bringing in of the same be paid, and no longer; And the severall [& (fn. 14) ] respective Tenant or Tenants of all Houses, Lands, Tenements, and Hereditaments, which shall be rated by vertue of this Act, are hereby required and authorized to pay such Summe and Summs of Money, as shall be rated upon such Houses, Lands, Tenements or Hereditaments, and to deduct out of the Rent soe much of the said Rates as in respect of the said Rents of any such Houses, Lands, Tenements and Hereditaments, the Landlord should or ought to pay and beare; And the said Landlords both mediate and immediate, according to their respective Interests, are hereby required to allow such Deductions and Payments upon Receipt of the Residue of their Rents.

LXXVI. Tenant paying acquitted for such Payments.

Commissioners may settle difference between Landlord and Tenant as to Rate; Persons aggrieved may complain to Commissioners; Appeals final; If Proportions of Rate not fully assessed, or assessed upon Persons not of Ability, or upon empty Houses, &c. or if Assessments not paid to Receiver General, Commissioners, Assessors, &c. are to re-assess; Such new Assessments to be made, &c. as former Assessments.

And it is enacted and declared, That every Tenant paying the said Assessments, shall be acquitted and discharged for soe much Money as the said Assessments shall amount unto, as if the same had been actually paid unto such Person or Persons, unto whom his Rents should have beene due and payable; And if any Difference shall arise betweene Landlord and Tenant, or any other concerning the said Rates, the said severall Commissioners or any Two or more of them, in their severall Divisions, shall and have hereby Power to settle the same as they shall think fitt; And if any Person or Persons shall find him or themselves aggrieved, in that the Assessors have over-rated him or them, and in Six Daies after Demand made of the Summe ( (fn. 15) ) assessed on him or them, doe by him or themselves, or by his or their Stewards or Bailiffs, complaine to Three or more of the Commissioners (whereof Two of the Commissioners who signed or allowed his, her or their Assessment to be of that Number) the said Commissioners or any Three or more of them, shall have and have hereby Power, within Ten Daies after the Demand of the Assessment, as aforesaid, to releive such Person or Persons, and to charge the same on such other Person or Persons as they shall see Cause; And Appeals once heard and determined to be finall, without any further Appeale upon any Pretence whatsoever; And in case the Proportions sett by this Act, upon all and every the respective Counties, Rideings, Cities, Townes and Places shall not be fully assessed, levied, and paid, according to the true Meaneing hereof, or if any of the said Assessments shall be rated and imposed upon any Person, not being of Ability to pay the same, or upon any empty or void House or Land, where the same cannot be collected or levyed or that through any Wilfullnesse, Negligence, Mistake or Accident, the said Assessment charged on each County, Rideing, City, Towne or Place, by vertue of this Act, happen not to be paid to the Receiver Generall, his Deputy or Deputies of the respective Counties, as in this Act is directed, that then in all and every such Cases, the severall and respective Commissioners, Assessors, and Collectors aforesaid, and every of them respectively, are hereby authorized and required to assesse or reassesse, or cause to be assessed or reassessed, levied and paid, all and every such Summe and Summs of Money upon the respective Divisions and Hundreds wherein such Deficiency shall happen, or Parishes therein, as to the said Co[m]missioners or such Number of them as by this Act are authorized to cause the first Assessment hereby required to be made, shall seeme most agreeable to Equity and Justice; The said new Assessment to be made, collected and paid in such Manner, and by such Meanes as in this Act for this Assessment is declared and directed.

LXXVII. Persons not executing Act, Commissioners may fine.

Levied by Distress.

And be it further enacted and declared by the Authority aforesaid, That if any Person or Persons shall wilfully neglect or refuse to performe his or their Duty, in the due and speedy Execution of this present Act, the said respective Commissioners, or any Two or more of them, have hereby Power to impose on such Person or Persons soe refuseing or neglecting his or their Duties, such Fine or Fines as by them shall be thought fitt, and to cause the same to be levyed by Distresse and Sale of his or their Goods.

LXXVIII. Fine not to exceed £20; As to taking the same off; Fines paid to Receiver General, and by them into Exchequer.

Provided that no Fine to be imposed by any of the said Commissioners, shall, for any Offence exceed the Summe of Twenty Pounds; which said Fine shall not be taken of or discharged, but by the Consent of the Majority of the Commissioners who imposed the same; And that all Fines that shall be imposed by vertue of this Act, shall be paid to the respective Receivers Generall, and by them to the Receipt of His Majesties Exchequer, and shall be inserted in the Duplicate in Parchment fairly written, to be transmitted to the Office of the Kings Remembrancer, as aforesaid, that the same may thereby be knowne and charged in his Account.

LXXIX. Collector neglecting to pay or detaining Monies,

Proceedings by Commissioners; Commissioners so proceeding, to appoint a General Meeting; Notice thereof; Collectors not paying; Proceedings by Commissioners.

And it is further enacted and declared, That if any Collector that shall be by vertue of this Act appointed for the Receipt of any Summe or Summs of Money thereby to be assessed, neglect or refuse to pay any Summe or Summs of Money which shall by them be received, as aforesaid, and to pay the same, as in this Act is directed, and shall detaine in his or their Hands, any Money received by them, or any of them, and not pay the same, as by this Act is directed, the Commissioners of each County, Rideing, City or Towne respectively, or any Two or more of them, in their respective Divisions, are hereby authorized and impowered to imprison the Person, and to seize and secure the Estate both Reall and Personall of such Collector to him belonging, or which shall descend or come into the Hands or Possession of his Heires, Executors or Administrators where ever the same can be discovered and found; And the said Commissioners who shall soe seize and secure the Estate of any Collector or Collectors shall be, and are hereby impowered to appoint a time for the Generall Meeting of the Commissioners for such County, Rideing, City, Towne and Place, and there to cause publick Notice to be given of the Place where such Meeting shall be appointed Fifteene Daies at least before such Generall Meeting; And the Commissioners present at such Generall Meeting, or the major Part of them, in case the Moneys detained by any Collector or Collectors be not paid and satisfied as it ought to be, according to the Directions of this Act, shall and are hereby impowered and required to sell and dispose of all such Estates, which shall be for the Cause aforesaid seized and secured, or any Part of them, and to satisfie and pay into the Hands of the Receiver Generall, or his Deputy, for such County, Rideing and Place, the Summe which shall be detained in the Hands of such Collector or Collectors, their Heires, Executors and Administrators respectively.

LXXX. At Expiration of Times for Quarterly Payments, Commissioners are to call Collectors before them, &c. and in case of Failure to cause the same to be levied.

And it is hereby further enacted and declared, That at the Expiration of the respective times in this Act prescribed, for the full Payment of the said Four Quarterly Assessments, the severall and respective Commissioners, or any Two or more of them, within their Division and Hundred, shall, and are hereby required to call before them the Collectors within each respective Division and Hundred, to examine and assure themselves of the full and whole Payment of the particular Summe and Summs of Money charged upon the same Division or Hundred, and every Parish and Place therein and of the due Returne of the same into the Hands of the Receivers Generall, their Deputy or Deputies of the said County, Rideing, City, Towne and Place respectively, and by such Receiver Generall into the Receipt of His Majesties Exchequer; to the end there may be no failure in the Payment of any Part of the Assessments by virtue of this Act to be assessed and paid, nor any Arreares remaine chargeable upon any of the said Counties, Rideings, Cities, Townes or Places respectively; And in case of any Failure in the Premisses, the said Commissioners, or any Two or more of them, are hereby authorized and required to cause the same to be forthwith levied and paid according to the true Intent and Meaning of this Act.

LXXXI. On Questions respecting Assessments in which Commissioners concerned, they are to withdraw,

Penalty.

And it is hereby enacted and declared, That in case any Controversie arise concerning the said Assessments or the divideing, apportioning or Payment thereof, which concernes any the Commissioners by this Act appointed, that the Commissioners soe concerned in the said Controversie shall have no Voice, but shall withdraw at the time of the Debate of any such Controversie, untill 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 shall be thought fitt upon such Commissioners soe refuseing to withdraw, not exceeding the Summe of Twenty Pounds, and to cause the same to be levied and paid, as other Fines to be imposed by vertue of this Act are to be levied and paid.

LXXXII. Privileged Places, Persons, &c. not exempt.

Fee-Farm and other Rents, &c. Annuities, &c. liable; Tenants to pay proportionably; Indemnified.

And be it further enacted and declared, That no priviledged Place or Person, Body Politick or Corporate, within the Counties, Rideings, Cities and Townes aforesaid, shall be exempted from the said Assessments and Taxes; And that they and every of them, and alsoe all Fee-Farme-Rents and all other manner of Rents, Payments, Summe and Summs of Money, or Annuities issueing out of or payable for any Lands, shall be liable towards the Payment of every Summe by this Act to be taxed & levied; And all the Tenants are hereby directed and authorized to pay them proportionably, according to the Rates and Assessments by this Act, appointed and directed; And all such Tenants shall be hereby saved and kept harmlesse by the Authority of this Act, from any further Payment of any such Proportion of any such Rent, Rents, Summs of Money or Annuities to any Person or Persons to whom any such Rent Rents, Summs of Money or Annuities, as aforesaid, should or ought to be paid, to all Intents and Purposes whatsoever, as fully and amply, as if they had paid the same to any Person or Persons to whom the same is or are reserved or become due.

LXXXIII. Proviso for Colleges in the Two Universities, Colleges of Windsor, Eton, Winchester, and Westminster, and for Hospitals in respect of Sites of Colleges, &c.

Christ's Hospital, &c.

Provided that nothing in this Act contained shall extend to charge any Colledge or Hall in either of the Two Universities, or the Colledges of Windsor, Eaton, Winton, or Westminster, or the Corporation of the Governors of the Charity for the Releife of poor Widowes and Children of Clergy-men, or the Colledge of Bromley, or any Hospitall, for or in respect of the Scites of the said Colledges, Halls or Hospitalls, or any the Buildings within the Walls or Limmitts of the said Colledges, Halls or Hospitalls, or any Master, Fellow, Scholler, or Exhibitioner of any Colledge or Hall, or any Reader, Officer, or Minister of the said Universities, Colledges or Halls; or any Masters or Ushers of any Schooll, for or in respect of any Stipends, Wages, Profitts, or Exhibitions whatsoever, ariseing or growing due to them, in respect of the said severall Places and Imployments in the said Universities, Colledges or Schools, or to charge any of the Houses or Lands belonging to Christs Hospitall, Saint Bartholomews, Bridewell, Saint Thomas and Bethlehem Hospitall in the City of London and Borough of Southwarke, and the Hospitall of Hoxton in the County of Middlesex of the Foundation of Robert Ask Esquire, deceased, or to extend to charge the Charity of Zachariah Jepson, settled for maintenance of Twelve poor Children in the Towne of Rippon in the County of Yorke, or any of them, or the said Corporation of the Governors of the Charity for Releife of poor Widowes and Children of Clergy-men, or the Colledge of Bromley; nor to extend to charge any other Hospitall or Almeshouses, for or in respect only of any Rents or Revenues payable to the said Hospitalls or Almes-houses, being to be received and disbursed for immediate Use and Relief of the Poor in the said Hospitalls and Almes-houses only.

LXXXIV. Lands, &c. held by Lease, from Hospitals, &c. to be rated at their yearly Value.

Provided, That no Tenants that hold and enjoy any Lands or Houses by Lease or other Grant from the said Corporation, or any of the said Hospitalls or Almes-houses doe claime and enjoy any Freedome, Exemption or Advantage by this Act, but that all the Houses and Lands, which they soe hold, shall be rated and assessed for soe much as they are yearely worth, over and above the Rents reserved and payable to the said Corporation, or to the said Hospitalls, or Almes-houses, to be received and disburst for the immediate Support and Reliefe of the Poor in the said Hospitalls and Almes-houses.

LXXXV. Tenants of said Hospitals, Colleges, &c. not exempt from Taxation.

Provided alwaies, That nothing contained in this Act, shall be construed or taken to discharge any Tenant of any the Houses or Lands belonging to the said Colledges, Halls, Hospitalls, Almes-houses or Schooles, or any of them, who by their Leases, or other Contracts, are and doe stand obliged to pay and discharge all Rates, Taxes and Impositions whatsoever; but that they and every of them shall be rated and pay all such Rates, Taxes and Impositions; Any thing in this Act contained to the contrary notwithstanding.

LXXXVI. Auditors, &c. to make a certain Allowance to Parties paying Rents due to the Crown, &c.

Penalty £20; Auditors, &c. who set any Person insuper; Proceedings; Penalty £200.

And it is hereby further enacted, That all and every Auditors Reeves, Receivers and their Deputy and Deputies, who auditt or receive any Fee-Farme Rents, or other chiefe Rents due to His Majesty or the Queene Dowager, or to any Person or Persons claimeing by any Grant or Purchase from or under the Crowne, shall allow Two Shillings for every Pound of the said Rents, and proportionably for any greater or lesser Summe, to the Party or Parties paying the same, without any Fee for such Allowance, upon the Penalty of Twenty Pounds to the Parties 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 Queene Dowager, or any Deputy or other Person acting for or on the Behalfe 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, liable to any Distresse, Forfeiture, or Vexation whatsoever for any Summe or Summs of Money, which by the true Intent and Meaning of this Act ought to be allowed after the said Rate of Two 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 such Auditor, shall forfeite the Summe of Two hundred Pounds to the Party grieved, to be recovered, as aforesaid, and shall be alsoe incapable to enjoy his Office or Place, or any other Office or Place of Trust or Profitt under His Majesty, or the said Queene Dowager.

LXXXVII. Officers of the Exchequer to deliver Lists of Pensions, Salaries, &c. to the Assessors gratis. and may stop the Tax, if unpaid, out of the same.

And be it enacted, That the Officers of the Receipt of His Majesties Exchequer, and in other the Publick Offices upon Request to them made by the respective Assessors shall deliver to them, gratis, true Lists or Accounts of all Pensions, Annuities, Stipends, or other annuall Payments, and of all Fees, Sallaries, and other Allowances, payable at the said Receipt, or in the said Publick Offices, for the better Guidance of the said Assessors in the chargeing of the same; And that in all Cases where any Pensions, Annuities, Stipends, or other annuall Payments, or the Fees, Sallaries, Wages, or other Allowances or Profitts charged by this Act, shall be payable at the Receipt of Exchequer, or by the Cofferer of His Majesties Household, or out of any other Publick Office, or by any His Majesties Receivers, or Paymasters, the Tax or Payment which in pursuance of this Act, shall be charged for or in respect of such Pensions, Annuities Stipends, Fees, Sallaries, Wages, Allowances or Profitts, shall and may, in case of Non-payment thereof, be detained and stopt out of the same, and be applied to the Satisfaction of the Rates and Duties not otherwise paid, as aforesaid.

LXXXVIII. Persons having a House in one Parish, &c. and Goods in another, charged where they dwell.

Provided, That where any Person inhabiteing within the City of London, or any other City, or Towne Corporate, hath his Dwelling House in one of the Parishes or Wards therein, and hath any Goods, Wares or Merchandizes in one or more of the other Parishes or Wards within the same, that then such Person shall be charged taxed and assessed for such his Goods or Merchandizes in the Parish or Ward where he dwelleth, and not elsewhere within the said City or Towne-Corporate.

LXXXIX. No Clause in this Act to extend to lessen the Rate.

Provided neverthelesse, That no Clause or Provisoe in this Act, shall extend to the lessening or abatement of the full Summe appointed by this Act to be taxed, levied, collected and paid but that the same be fully assessed, taxed, levied, collected and paid, in the severall and respective Counties, Cities, and Townes aforesaid, in such Manner and Forme, and to such Uses as herein is before mentioned and declared.

XC. Proviso for Contracts between Landlord and Tenant as to Payment of Taxes.

Provided, That nothing in this Act contained, shall be construed to alter, change, determine or make voidany Contracts, Convenants, or Agreements whatsoever betweene Landlord and Tenant, or any other Person, touchingthe Payment of Taxes and Assessments; Any thing herein before contained to the contrary notwithstanding.

XCI. Places assessed in such County, &c. as heretofore.

Provided alwaies, and be it further enacted and declared by the Authority aforesaid That for the avoyding all Obstructions and Delaies in assessing and collecting the Summs by this Act to be rated and assessed, all Places, Constablewicks, Divisions, and Allottments, which have beene used to be taxed and assessed, shall pay and be assessed in such County, Hundred, Rape, Wapentake, Constablewick, Division, Place and Allottment, as the same have heretofore beene usually assessed in, and not elsewhere.

XCII. Proviso for the Hundred of West Barnfield, Kent, Tything of Northmore in Oxon, &c.

Forest of Chute.

Provided neverthelesse, That the Hundred of West Barnfield formerly rated and assessed in the Lath of Alesford, in the County of Kent, may for the future, if the Commissioners think fitt, be rated and assessed in the Lath of [Scray (fn. 16) ] in the County aforesaid; as likewise may the Tithing of Northemore in the County of Oxon, be assessed in the Hundred of Bampton, in the said County; and the Tythings of Charlbury, Faller, and Finstock, in the Hundred of Chadlington, in the said County; and alsoe the whole Towne and Parish of Leeds, in the County of Yorke, in the Hundred of Skyrack in the said County; and the Forest of Chute shall be assessed and pay where the same was assessed for the First Aid of Four Shillings in the Pound granted to His Majesty.

XCIII. In Actions brought touching Execution of this Act,

General Issue; Treble Costs.

And be it further enacted by the Authority aforesaid, That if any Action, Plaint, Suite or Information shall be commeneed 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 and may plead 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 a Discontinuance, or if a Verdict passe against him, the 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.

XCIV. Where Lands, &c. unoccupied, and no Distress found,

Collectors, Constables, &c. may enter and distrain; Proceedings thereon.

Provided alwaies, and be it further enacted, That in case any Lands or Houses, in any Parish, Place or Constablewick, shall be unoccupied, and no Distresse can be found on the same, by reason whereof the said Parish Place and Constablewick are forced to pay and make good the Tax assesed upon such Land lying unoccupied that then it shall and may be lawfull, at any time after, for the Collectors, Constable or Tythingman of the said Parish, Place or Constablewick for the time being, to enter and distraine upon the said Land or Houses, when there shall be any Distresse thereupon to be found: and the Distresse and Distresses if not redeemed within Four Daies, by Payment of the Tax and Charge of the Distresse, to sell, rendring the overplus to the Owner or Owners of such Distresse; And the said Collector Constable, or Tythingman, is hereby enjoyned to distribute the Money raised by the said Distresse and Sale, proportionably to the Parties who contributed to the Tax of the unoccupied Lands and Houses.

XCV. Where Woodland assessed and no Distress had, Collectors, &c. may cut and sell Wood growing; except Timber Trees.

Buyers of such Wood may sell, &c. same, rendering Overplus to Owner.

Provided alwaies, and be it enacted, That where any Wood-Lands shall be assessed, and no Distresse can be had, that in such Case it shall and may be lawfull, to and for any Collector, Constable, Headborough, or Tythingman, by Warrant under the Hands and Seales of Three or more of the Commissioners of that Hundred or Division, att seasonable times of the Yeare, to cutt and sell to any Person or Persons, soe much of the Wood growing on the Wood-Lands soe assessed (Timber-Trees excepted) as will pay the Assessment or Assessments, soe behind and unpaid, and the Charge incident thereunto; And that it shall and may be lawfull for the Person or Persons, and his and their Assignes, to whom such Wood shall be sold, to fell, cutt downe, dispose and carry away the same to his owne Use, rendring the Overplus, if any be, to the Owner, Any Law to the contrary notwithstanding.

XCVI. Proceedings where Assessment charged on Tithes and other Property not distrainable.

Provided alwaies, and be it further enacted, That where any Tax or Assessment shall be charged or laid upon any Tithes, Tolls, Profitts of Marketts, Faires or Fishery, or other Annuall Profitts, not distraineable, in case the same shall not be paid within Fifteene Daies after such Assessment soe charged or laid, and demanded, that it shall and may be lawfull, to and for the Collector, Constable or other Officer thereunto appointed, by Warrant under the Hands and Seales of any Three or more of the Commissioners authorized by this Act, to seize, take, and sell soe much of the said Tithes, Tolls, and other Profitts, soe charged, as shall be sufficient for the levying of the said Tax and Assessment, and all Charges occasioned by such Non-payment thereof, rendring the Overplus to the Owner (if any be).

XCVII. Receiver General certifying Arrears to be due where the Monies have been received.

Penalty to Party; Penalty to His Majesty.

And for the better preventing such unjust Vexations as might be occasioned by such Persons as shall be appointed Receivers Generall of any the Summs of Money granted by this Act, and to the Intent that the said Receivers Generall may returne a true Account into His Majesties Court of Exchequer, of such Summs of Money as shall be received by them and every of them, their and every of their Deputy and Deputies, Bee it further enacted by the Authority aforesaid, That if any Receiver Generall shall returne or certifie into the said Court, any Summ or Summs of Money to be in arreare and unpaid, after the same have beene received, either by such Receiver Generall or his Deputy or Deputies, or any of them, or shall cause any Person or Persons, or Places to be sett insuper in the said Court, for any Summe or Summs 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 insuper Treble Damages, to be recovered by Action of Debt, Bill, Plaint or Information, in which no Essoigne, Protection or Wager of Law shall be allowed, nor any more than one Imparlance; and shall alsoe forfeite to His Majesty, His Heires and Successors, Double the Summe that shall be soe unjustly certified or returned, or caused to be sett insuper.

XCVIII. Commissioners, within their Division, to rate each other for their Personal Estates and Offices.

Commissioners to assess the Assessors.

And be it further enacted by the Authority aforesaid, That the Commissioners that shall be within any County, City, or Place, within the respective Limmits, or the major Part of them, shall tax and assesse every other Commissioner joyned with them, for or in respect of their ready Money, Debts and Personall Estate, as alsoe for and in respect of the Offices and Imployments of Profitt that shall then be held and enjoyed by such Commissioner, soe as the Residence and usuall Dwelling-place of such Commissioner soe to be taxed, be within the Division of such Commissioners by whom he is taxed, and soe as the Office or Imployment held or enjoyed by such Commissioners soe to be taxed, be likewise exercized within the Division or Limmitts of such Commissioners by whom he is to be taxed, And the Commissioners within their Division shall alsoe assesse every Assessor within their Division, for all and singular the Matters and Things for which by this Act he ought to be rated and assessed; And as well all Summs assessed upon every the said Commissioners and Assessors, as the Assessments made and sett by the Assessors aforesaid, shall be written, estreated levyed and gathered, as the same should and ought to have beene, if such Commissioners had not beene named Commissioners.

XCIX. Inhabitants in Cities, &c. not compellable to be Assessors, &c. out of Limits.

Provided alsoe, That no Person inhabiting in any City, Borough or Towne Corporate, shall be compelled to be any Assessor or Collector of or for any Part of the Rates and Assessments hereby granted, in any Place or Places out of the Limmits of the said City, Borough or Towne-Corporate.

C. Landlords to pay on Houses where Foreign Ministers reside.

Provided alwaies and be it enacted, That every Rate, Tax or Assessment, which shall be made or imposed by virtue of this Act, in respect of any House or Tenement which an Ambassador, Resident Agent, or other publick Minister of any Forreigne Prince or State now doth, or hereafter shall inhabitt or occupy, shall be paid by the Landlord or Owner of the said Houses or Tenements respectively.

CI. Proviso respecting Nomination of Assessors and Collectors in Extraparochial and Privileged Places.

And be it further enacted by the Authority aforesaid, That in all priviledged and other Places being Extraporochiall, or not within the Constablewicks or Precincts of the respective Assessors, to be appointed by virtue of this Act (although in any Monthly or other Tax, they have not beene rated heretofore) the said Commissioners or any Two or more of them shall and are hereby required to nominate and appoint Two fitt Persons liveing in or near the said priviledged or other Places, as aforesaid, to be Assessors for the said Places, and to make and returne the said Assessments, in like manner as by this Act is appointed in any Parish, Tything or Place; and alsoe to appoint one or more Collectors, who are hereby required to collect and pay the same, in the manner appointed by this Act for collecting and paying all Summs of Money chargeable by this Act.

CII. Commissioners not liable to Penalties of 25 Car. II. c. 2.

Provided alwaies, and be it further enacted by the Authority aforesaid, That no Commissioner or Commissioners, who shall be employed in the Execution of this Act, shall be lyable for or by reason of such Execution, to any of the Penalties mentioned in an Act made in the Five and twentieth Yeare of the Reigne of King Charles the Second, for preventing Dangers which may happen from Popish Recusants.

CIII. Commissioners to take the Oaths of 1 W. & M. c. 8. § 12. which Commissioners may administer.

Provided alwaies, and be it enacted, That no Person shall be capable of acting as a Commissioner in the Execution of this Act, or executing any of the Powers therein contained (unlesse it be the Power hereby given of administring Oaths) untill such Time as he shall have taken the Oaths appointed by an Act of Parliament made in the First Yeare of the Reigne of King William and Queene Mary, intituled, An Act for the abrogateing the Oaths of Supremacy and Allegiance, and appointing other Oaths; which Oaths it shall and may be lawfull for any Two or more Commissioners to administer, and they are hereby required to administer the same to any other Commissioners.

CIV. Acting without taking the Oath, Penalty £200.

Provided alwaies, and be it enacted, That if any Person hereby appointed a Commissioner shall presume to act as a Commissioner in the Execution of this Act, before he shall have taken the Oaths, which by this Act he is required to take, and in the manner hereby prescribed, he shall forfeite to His Majesty the Summe of Two hundred Pounds.

CV. Officers rated where Office exercised.

Provided alsoe, That every Person rated or assessed for his Office or Imployment shall be rated and pay for his Office or Imployment in the County, City, or Place where the same shall be exercized.

CVI. Chancery Officers within the Liberty of the Rolls, to be there assessed.

Personal Estates to be rated where the Persons reside at the Time of the Execution of the Act; Persons out of the Realm to be rated at last Place of Abode.

Provided alwaies, That the Right Honourable the Master of the Rolls, the Masters in Chancery, Six Clerks Clerks of the Petty Bagg, Examiners, Registers, Clerks of the Inrollments, Clerks of the Affidavit, and Sub pœna Offices, and all other the Officers of the Court of Chancery, that execute their Offices within the Liberty of the Rolls, shall be there assessed for their respective Offices, and not elsewhere; And every Person who is or shall be rated, for or in respect of any Personall Estate to him any way belonging, shall be rated at such Place where he or she shall be Resident at the Time of the Execution of this Act; And all Persons not being Householders, nor haveing a certaine Place of Residence shall be taxed at the Place where they shall be resident at the Execution of this Act; And if any Person who ought to be taxed by vertue of this Act, for or in respect of his Personall Estate, shall at the Time of this Assessment be out of the Realme, such Person shall be rated therefore in such County, City or Place, where he was last abideing within this Realme.

CVII. Persons having Goods, &c. in any County (other than wherein they live) rated where Goods are.

Where Annuities and Pensions rated; Where Lands, &c. rated.

Provided That where any Person shall have any Goods, Wares or Merchandizes, in any County or Counties, other than the County where he shall be resident, or had his last Residence, It shall be lawfull to rate or assesse such Person for such Goods, Wares, or Merchandizes, in the County or Counties where the same shall be; And that all Annuities and Pensions, shall be rated and taxed in the Parishes or Places where they are payable; And every Person who shall be rated or assessed, for or in respect of any Mannors, Messuages, Lands, or Tenements, or other the Premisses, according to this Act, thall be rated and assessed in the Place where such Mannors Messuages, Lands, and Tenements, and other the Premisses respectively doe lye, and not elsewhere.

CVIII. Persons having several Mansions, and being doubly charged, Certificate by Commissioners, without Fee; and on Oath of Certificate, discharged.

Provided alwaies, That if any Person or Persons, by reason of his, her, or their haveing severall Mansion-Houses or Places of Residence, or otherwise, shall be doubly charged for any Personall Estate by occasion of this Act, then upon Certificate made by any Two or more of the Commissioners for the County, Rideing, City or Place, of his, her, or their last Personall Residence, under their Hands and Seales, of the Summe or Summs charged upon him, her, or them (which Certificate the said Commissioners are required to give without Delay, Fee or Reward) and upon Oath made of such Certificate, before any one Justice of the Peace of the County or Place where the said Certificate shall be made (which Oath the said Justice of the Peace is hereby authorized and required to administer) then the Person or Persons soe doubly charged, shall for soe much as shall be soe certified, be discharged in every other County, City or Place.

CIX. Proviso for Scotland, Ireland, Jersey or Guernsey.

Persons escaping from Taxation charged at Treble Value.

Provided alsoe, That this Act shall not extend to the Inhabitants of Scotland Ireland, Jersey, or Guernsey, for assessing any such Personall Estate, which they, or any to their Use, have within the said Kingdoms and Islands; And if any Person that ought to be taxed by vertue of this Act, for or in respect of his Personall Estate, shall by changing his Place of Residence, or by any other Fraud or Covin escape from the Taxation, and not be taxed, and the same be proved before the Commissioners, or any Two of them, or before any One or more Justice or Justices of the Peace of the County, where such Person dwelleth or resideth, at any Time within One Yeare next after such Tax made, every Person that shall soe escape from the Taxation and Payment, shall be charged (upon Proofe thereof) at the Treble Value of soe much as he should or ought to have beene charged at by this. Act the said Treble Value, upon Certificate thereof made into the Exchequer, by the Commissioners, Justice or Justices (before whom such Proofe shall be made) to be levied of the Goods, Lands, and Tenements of such Persons.

CX. Householders to give Account of Lodgers to Assessors.

Penalty £5.

And for the better Discovery of Personall Estates intended to be charged by this Act Be it further enacted by the Authority aforesaid, That every Householder shall, upon Demand of the Assessors of the respective Parishes or Places, give an Account of the Names and Qualities of such Persons as shall sojourne or lodge in their respective Houses, under the Penalty of forfeiting to His Majesty the Summe of Five Pounds to be levyed and recovered in such Manner as any other Penalties in this Act mentioned, shall and may be levyed and recovered.

CXI. Shares in the New River, &c.

Offices of Insurance from Fire, Convex or other Lights, King's Printing House, &c. taxed at 28. in the Pound; Companies of Merchants in London how assessed; How Assessments paid.

And be it further enacted by the Authority aforesaid, That all and every Person and Persons, haveing any Share or Shares or Interests in any fresh Streame or running Water brought to the North-Parts of London, commonly called the New River, or in the Thames Water-works, or in Marybone or Hampstead Waters, or any Rents or Profitts ariseing thereby ; And all and every Person and Persons haveing any Share or Interest in any Office or Stock for insureing of Houses in Cases of Fire; or in the Convex or or other Lights ; or in the Stock or Stocks for printing of Books, in or belonging to the House, commonly called the Kings Printing-House, shall pay for the same the Summe of Two Shillings for every Twenty Shillings of the full Yearely Value thereof, and they and all Companies of Merchants in London charged by this Act, shall be assessed by the Commissioners nominated and appointed for the said City, or any Two or more of them, for their respective Shares and Interests aforesaid, and the aforesaid Joynt Stock or Stocks; and the same shall be paid by the Governours and respective Treasurers or Receivers of the said River Waters and Waterworks, and of the said Offices and Stocks respectively, and be deducted at and out of their next Dividends.

CXII. Papist of 16 Years of Age and upwards (not having taken the Oaths) to pay double.

And be it further enacted by the Authority aforesaid, That every Papist or reputed Papist, being of the Age of Sixteene Yeares and upwards, who shall not have taken the Oaths menc[i]oned and required to be taken, by the Act made in the First Yeare of the Reigne of King William and Queene Mary, intituled, An Act for the abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths, shall yield and pay unto His Majesty double the Summs and Rates, which by force and virtue of any Clause in this Act before mentioned and contained he or she should or ought to pay or be charged with, to be assessed, levied, collected, answered, recovered and paid in such Manner, by such Waies and Meanes, and according to such Rules and Directions and under such Penalties and Forfeitures, as are before in this Act expressed or appointed, for and concerneing the above mentioned Rates and Summs.

CXIII. Proviso where within Ten Days after Meeting of, Commissioners he shall take the Oaths.

Provided neverthelesse, That if any such Papist or reputed Papist, within Tenn Daies after the first Meeting of the said Commissioners, in the respective Counties or Places where he or she ought to be taxed or assessed, according to the Intent of this present Act, shall take the said Oaths before Two or more of the said Commissioners (which Oaths the said Two or more Commissioners are impowered to administer) in that Case he or she shall not be liable to be doubly assessed as aforesaid.

CXIV. Persons of 16 and upwards, who shall not have taken the Oaths before Execution of Act, being summoned, and refusing to take them, or neglecting to appear before Commissioners, to pay double.

And be it further enacted by the Authority aforesaid, That every Person being of the Age of Sixteene Yeares, and upwards, and being within this Realme, at the time of the Execution of this Act, who shall not before that time have taken the Oaths mentioned and required to be taken by the said last mentioned Act, and upon Summons by Warrant under the Hands and Seales of any Two or more of the said Commissioners, shall refuse to take the said Oaths at the Time appointed in the said Warrant, or shall neglect to appeare at such Time before the Commissioners, in order to take the said Oaths (which the said Commissioners, or any Two or more of them, are hereby impowered and required to administer) shall yield and pay unto His Majesty, double the Summs and Rates which by force and virtue of any Clause in this Act before mentioned or contained, he or she should or ought to pay or be charged with, in Manner as is before in this present Act appointed, touching Papists or reputed Papists.

CXV. Gentlemen who by 3 W. & M. c.6. 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 by the Authority aforesaid, That every Gentleman or soe reputed, or owning or writing himselfe such, or being above that Quality, who by virtue of an Act, made in the Third Yeare of the Reigne of His Majesty, and the said late Queene Mary, intituled, An Act for raiseing Money, by a Poll, payable Quarterly for One Yeare, for carrying on a vigorous Warr against France, did pay or ought to have paid double the Summs charged by the said Act, or were or ought to have beene returned into the Exchequer, for Non-payment thereof, who shall not voluntarily appeare before the said Commissioners or any Two or more of them, within Tenn Daies after the first Meeting of the said Commissioners, in the respective Place or Places where he ought to be taxed or assessed, and take the said Oaths appointed by the said Act made in the First Yeare of the Reigne of His Majesty and the said late Queene (which Oaths the said Commissioners or any Two or more them, are hereby impowered and required to administer, and to make an Entry or Memorandum thereof in some Booke to be kept for that Purpose) such Person shall be charged with, and pay double the Summs which by force and virtue of this Act he should or ought to have paid; the said double Rates to be assessed, levied, collected and paid in such Manner by such Waies and Meanes, and according to such Rules and Directions, and under such Penalties and Forfeitures, as are before in this Act expressed or appointed for and concerning the above mentioned Rates and Summs which are hereby intended to be levied as aforesaid.

CXVI. Commissioners to summon Persons suspected, to appear and take the Oaths.

And be it further enacted, That any Two or more of the Commissioners appointed by this Act, upon Information given, or upon any Cause of Suspition in that Behalfe, shall and are hereby required and impowered to cause every Person suspected or against whom such Information shall be given, to be summoned to appeare and take the said Oaths as aforesaid.

CXVII. Proviso for Quakers subscribing the Declaration of Fidelity, 1 W. & M. c.18. § 12.

Provided neverthelesse, That whereas certaine Persons, Dissenters from the Church of England, commonly called Quakers, and now knowne to be such, doe scruple the takeing of an Oath, it shall be sufficient for any such Person to make and subscribe the Declaration of Fidelity, contained in an Act made in the Parliament held in the First Yeare of Their said Majesties Reigne, intituled, An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England, from the Penalties of certaine Lawes; Which Declaration any Two or more of the Commissioners appointed for the Execution of this Act are hereby impowered and required to take; And every Person soe doeing, shall not be liable to, or chargeable with any of the double Rates aforesaid.

CXVIII. Assessors not making double Assessment on Papists, &c. not taking, Oaths, the Commissioners to assess.

And be it further enacted by the Authority aforesaid That in all Cases where any Assessor or Assessors who by this Act are required to make a double Assessment upon Papists or reputed Papists, or other Persons for not takeing of the Oaths aforesaid, shall neglect to doe his or their Duty therein, the respective Commissioners of the County, Riding Hundred, Division or Place where such double Assessment ought to have beene made, or any Two or more of them shall take care, and are hereby authorized and required to cause such Papist or other Person to be doubly charged according to the true Intent of this Act.

CXIX. Where Owners of Lands, &c. liable to be doubly charged for not taking Oaths, Owners only charged.

Provided alwaies and be it enacted, That where the Owners of any Lands Tenements and Hereditaments are liable to be doubly charged as Papists or reputed Papists, or otherwise by reason of their not haveing taken the Oaths according to the Intent of this Act, in every such Case, such Owners only shall be charged with and shall pay the said Double Rates; and the respective Tenants of such Lands Tenements and Hereditaments are hereby discharged of and from the same; Any Covenant for Payment of Taxes or other Agreement to the contrary notwithstanding.

CXX. Proviso respecting King's Bench Prison, &c. and the Marshalsea; to be charged in the Parish of St. George, Southwark.

Provided alwaies That the Prison of the Kings Bench, Prison-house, Lands, Gardens and the Common Side; and all the Rents, Profitts and Perquisites of the Office of the Marshall of the said Kings Bench lying and being in the Parish of Saint George the Martyr, in the Borough of Southwarke, and the County of Surrey; And alsoe the Prison-house Lands and Gardens of the Prison of the Marshall of the Marshalsea Prison, and all Offices Perquisites and Profitts of the Marshalsea Court and Prison lying and being alsoe in the said Parish of Saint George in the Borough of Southwarke and County of Surrey, shall be charged and assessed to the Assessment in the said Parish of Saint George and Borough of Southwarke, and not elsewhere. Any thing to the contrary in any wise notwithstanding.

CXXI. Waterworks in Southwark charged in Surrey.

Provided alwaies, and be it enacted by the Authority aforesaid, That all the Water-works in the Borough of Southwarke shall be rated and assessed by the Commissioners and Assessors of the County of Surrey and not by the Commissioners or Assessors of the City of London; Any thing herein contained to the contrary notwithstanding.

CXXII. Waterworks in Westminster charged in Westminster.

All Persons concerned in the Execution of this Act, to use Diligence, &c.

Provided alwaies, and be it enacted, That all the Water-works in the City or Liberty of Westminster, shall be rated and assessed by the Commissioners and Assessors for the said City and Liberty and not by the Commissioners or Assessors for the said City of London, Any thing herein contained to the contrary notwithstanding. And all Commissioners Collectors, Head Collectors, and Receivers, are hereby required and enjoyned to apply themselves with all Diligence, to the most speedy and effectuall Execution of their severall and respective Duties, and to use their utmost Endeavours, that all Persons and Estates, and other Things herein charged, may fully and duely pay the Rates and Assessments, according to the Direction of this Act, and soe as His Majesties Service herein may not be delayed or hindred through any of their wilfull Neglect or Default.

CXXIII. No Person liable whose Lands are under the yearly Value of 20s.

Provided, That no Person shall be charged with or lyable to the Pound Rate imposed by this Act upon Lands Tenements or Hereditaments whose Lands Tenements or Hereditaments are not of the Yearely Value of Twenty Shillings in the whole.

CXXIV. Collectors keeping Monies collected in Hand, or paying other than to Receiver General or his Deputy,

Penalty £20; Receiver General paying to any Person other than the Exchequer, or upon Tally of Pro, &c; Penalty £500.

And be it further enacted, 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 than is by this Act directed (other than the Allowance made unto him by this Act) or shall pay any Part thereof to any Person or Persons other than to the Receiver Generall of such County or Place, or his respective Deputy, that every such Collector shall forfeite for every such Offence the Summe of Twenty 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 virtue of this Act, to any Person or Persons whatsoever other than the Receipt of His Majesties Exchequer and at or within the respective times limitted by this Act, or in case such Receiver Generall or his Deputy shall pay any Part of the said Moneys by any Warrant of the Commissioners of the Treasury, Lord Treasurer, Under Treasurer 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 actuall Payment thereof into the Receipt of Exchequer as aforesaid that then 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 no Essoigne Protection or Wager of Law is to be allowed

CXXV. Treasurer not to direct Warrant for Payment of Monies otherwise than into Exchequer, or to the Officers of Exchequer for striking Tally of Pro, &c. nor Officers of Exchequer to strike any such Tally, &c.

And it is hereby further enacted, That the Commissioners of the Treasury, or Lord Treasurer Under Treasurer or Commissioners of the Treasury for the time being or any of them doe not direct any Warrant to any of the Collectors or Receivers Generall or their Deputies for the Payment of any Part of the Moneys hereby given to any Person or Persons other than into the Receipt of the Exchequer aforesaid nor shall they or any of them direct any Warrant to the Officers of the Exchequer for 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 Exchequer; nor shall the Officers of the Exchequer strike or direct, or record the strikeing 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 any Bill whereby to charge himselfe with any of the said Moneys untill he shall actually have received the same.

CXXVI. No Noli Prosequi or other Stay of Prosecution an any Suit against Offenders.

Provided alsoe, and be it enacted, That no stay of Prosecution upon any Command Warrant, Motion, or 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 Penalties or Forfeitures upon any Person or Persons by this Act inflicted, or therein mentioned or for or in Order to the Conviction or Disability of any Persons offending against this Act.

CXXVII. Commissioners empowered to abate, on Proof that Lands are charged above 2s. in the Pound; and the Money so abated to be reassessed, as they shall judge most equal.

Provided alwaies, That if any Person or Persons who shall be charged or assessed, by this Act to or with a Pound Rate upon his or their Mannors Lands Tenements Hereditaments or other the Premisses, shall upon Complaint made to the Commissioners, in such manner and within such Time as are herein directed in Cases of Appeale, make it appeare to the said Commissioners or any Three or more of them by Proofe upon Oath that such Assessment doth exceed Two Shillings for every Twenty Shillings of the full yearely Value, in such Case upon every such Proofe, and due Examination thereof, the said Commissioners are hereby impowered to abate and lessen the said Assessments soe much, as the same shall exceede Two Shillings for every Twenty Shillings of the true yearely Value and no more; And shall cause the Money soe abated to be reassessed surcharged and levied in such manner as they or any Three or more of them in their Judgments and Discretions shall judge most equall just and reasonable within the the whole Hundred Lath Wapentake or other Division where such Overcharge or Charges doe happen, although the Pound Rate of Two Shillings in the Pound be thereby exceeded or if any particular Part or Parts of the same, or any Person therein shall appeare to them to be undercharged then the Moneys soe abated, shall and may be raised upon such particular Part or Person soe undercharged soe that the whole Summe payable to His Majesty for such Hundred Lath Wapentake or other Division shall be fully and duely answered and paid without being diminished by reason of any such particular Abatement Any thing herein contained to the contrary notwithstanding.

CXXVIII. Receivers General answerable for Deputies; and so to appoint them, that no Subcollector be forced to travel above Ten Miles for Payment of his Money.

Penalty £100.

And be it further enacted by the Authority aforesaid, That the Receiver Generall of each County shall nominate constitute and appoint fitt and proper Persons for whom he shall be answerable to be his Deputy or Deputies to receive from the said Subcollectors all and every the Rates Duties and Assessments by them respectively collected or received; And the said Receivers Generall are hereby required to nominate and appoint soe many of such Deputies in their respective Counties that no Sub-collector may be forced to travell above the Space of Tenn Miles from the usuall Place of his Abode for the Payment of the said Moneys that shall be by him [soe (fn. 17) ] collected or received And if any Receiver Generall neglect or refuse to nominate and appoint such Deputies in manner aforesaid or shall wilfully neglect to attend by himselfe or Deputy, at the Time and Place by him appointed for his respective Receipts, such Receiver Generall shall for every such Offence forfeite the Summe of One hundred Pounds, the one Moiety to His Majesty His Heires and Successors, and the other Moiety to him or them that shall sue for the same, by Action of Debt Bill Plaint or Information, in any of His Majesties Courts of Record at Westminster in which Action or Suite, no Essoigne Protection Priviledge or Wager of Law shall be allowed.

CXXIX. When not Commissioners enough for any City, &c. Commissioners for County may act.

Provided neverthelesse That in case there shall not be a sufficient Number of Commissioners for any City Borough Towne Cinque-Port or Place (for which by this Act Co[m]missioners are particularly appointed) capable of acting according to the Quallifications required by this Act for putting this Act in Execution that in every such Case, any the Commissioners appointed for the County at large, within which such Borough Towne Cinque-Port or Place doth stand or which is next adjoyneing thereto, may act as Commissioners in the Execution of this Act, within such City Borough Towne Cinque-Port or Place.

CXXX. Recital that Members of, Parliament have been taxed for their Personal Estates in London and at their several Counties.

Such Members to be taxed at their Mansion Houses, &c.

And whereas severall Members of Parliament who by reason of their Attendance in Parliament, have, by the Assessors of London Westminster and Middlesex and the Suburbs of the same beene taxed for their Personall Estates and to the Payment of the Poll Money, and have beene putt to unreasonable Vexation and Charge Be it further enacted by the Authority aforesaid that the severall Members of Parliament who at the Execution of this Act during this Session of Parliament shall abide within the said Cities of London or Westminster or the Suburbs of the same or within the County of Middlesex, shall for or in respect of their ready Money or Debts or any other Tax which may be laid on their Persons or Personall Estate during this Session of Parliament be assessed only in the Places where such Members have their Mansion-Houses or other Places where they most usually reside during the Intervall of Parliament Any thing herein contained to the contrary notwithstanding

CXXXI. Places for First General Meetings of Commissioners for the several Ridings of the County of York.

Provided alsoe and be it enacted by the Authority aforesaid That the First Generall Meeting of the Commissioners for the West-Rideing of the County of Yorke, shall be held at the Towne of Pontefract; And the First Generall Meeting of the Commissioners for the North-Rideing of the County of Yorke shall be held at the Towne of Thirske; And the First Generall Meeting of the Commissioners for the East-Rideing of the County of Yorke shall be held at the Towne of Kilham; Any thing in this Act before mentioned or any former Custome to the contrary notwithstanding.

CXXXII. Register to be kept in the Exchequer of Monies paid into Exchequer.

Provided alwaies and 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, One Book or Register, in which all the Moneys that shall be paid into the Exchequer for the Pound Rates and Duties hereby granted shall be entred and registred apart and distinct from all other Moneys paid and payable to His Majesty.

CXXXIII. Proviso for Queen Dowager, and Prince George and Princess Anne of Denmark.

Provided alwaies and be it enacted by the Authority aforesaid That this Act or any thing therein contained shall not charge or be construed to charge Her Majesty the Queene Dowager or Her Treasurer or Trustees with the above mentioned Duty or Payment of Two Shillings for every Twenty Shillings by the Yeare for or in respect of the yearely Summs of Tenn thousand nine hundred seaventy two Pounds Nineteene Shillings and Three Pence and One Twenty fourth Part of a Penny; And One thousand two hundred thirty six Pounds Sixteene Shillings and a Penny Halfe Penny granted to Her Majesty by Two severall Letters Patents under the Great Seale of England, one bearing Date on or about the Twentieth Day of December One thousand six hundred seaventy two; and the other bearing Date on or about the Ninth Day of October, One thousand six hundred seaventy four: Nor to charge His Royall Highnesse Prince George Hereditary of Denmarke and Her Royall Highnesse the Princesse Ann of Denmarke or either of them or their Trustees with the above mentioned Duties or Payment of Two Shillings for every Twenty Shillings by the Yeare for or in respect of the yearely Summs of Thirty thousand Pounds and Twenty thousand Pounds by the Yeare granted to severall Persons in Trust for Their Royall Highnesses by severall Letters Patents under the Great Seale of England bearing Date on or about the Twentieth Day of February One thousand six hundred eighty five, and the Three and twentieth Day of May One thousand six hundred and ninety: But that the said Annuities or yearely Summs and Her Majesty the said Queene Dowager and Their Royall Highnesses and Their respective Trustees Treasurers and Receivers Generall, in respect of the same, shall by virtue hereof be acquitted and discharged of from and against the said Duty of Two Shillings for every Twenty Shillings by the Yeare; And all Payments whatsoever which might be charged by this Act for or in respect of the said yearely Summs as if this Act had never beene made; Any thing herein contained to the contrary notwithstanding.

CXXXIV. No Person to act as a Commissioner, unless he was charged to the last Year's Land Tax for £50 Per Ann. or at the Time of executing this Act shall be taxable for that Value.

Provided alsoe and be it enacted by the Authority aforesaid That no Person shall be capable of acting as a Commissioner in the Execution of this Act or of any the Powers therein contained in or for any County at large within the said Kingdome of England Dominion of Wales or in or for any of the Rideings in the County of Yorke unlesse such Person by himselfe or his Tenants or Trustees was taxed or did pay in the same County or Rideing for the Value of Fifty Pounds per Annum, or more by vertue of the Act made and passed in the Tenth Yeare of His Majesties Reigne, intituled, An Act for the granting to His Majesty the Summe of One million four hundred eighty four thousand and fifteene Pounds One Shilling Eleaven Pence Three Farthings, for disbanding the Army, provideing for the Navy, and for other necessary Occasions, or unlesse such Person soe appointed to be a Commissioner shall at the Time of the Execution of this Act be by himselfe or Tenants or Trustees liable to be taxed by vertue of this Act for an Estate in Lands Tenements or Hereditaments of the said Value of Fifty Pounds per Annum or more within the said County or Rideing and which was taxed or did pay in the same County or Rideing by vertue of the Act last mentioned

CXXXV. Commissioners may act in any City, &c. where they dwell, and in the Inns of Court or Chancery.

But no Attorney, Receiver or Collector to be a Commissioner.

Provided neverthelesse and it is alsoe hereby enacted That no Person who is appointed to be a Commissioner for executeing this Act shall be disabled from acting as a Commissioner within and for any City Borough Cinque-Port or Corporate Towne only, whereof he shall be an Inhabitant at the Time of the Execution of this Act nor from acting as a Commissioner within any the Inns of Court or Inns of Chancery And that no Attorney or Solicitor or Person practiceing as such or any Receiver Generall or Collector of any Aid granted to His Majesty shall be capable of acting as a Commissioner in the Execution of this present Act Any thing herein contained to the contrary notwithstanding

CXXXVI. Persons disabled, and yet acting as Commissioners, forfeit £50.

And it is hereby further enacted That if any Person intended by this Act to be disabled for any the Causes aforesaid shall neverthelesse presume to act as a Commissioner in the Execution of this Act or any the Powers herein contained every such Person for such Offence shall forfeite the Summe of Fifty Pounds to any Person or Persons that will informe or sue for the same to be recovered in any His Majesties Courts of Record by Action of Debt or of the Case Bill Suite or Information wherein no Essoigne Protection Wager of Law or more than one Imparlance shall be allowed

CXXXVII. Repayment of Monies how secured.

Books provided; Principal Monies lent the King between 5th Dec. 1699 and 13th Mar. 1699, not exceeding £220,000, and £100,000 for paying Seamens Wages, to be first registered and paid; Orders for Repayment registered according to Date of Tally, and paid in course; Monies to come in by this Act liable to satisfy such Loans; with Interest at £5 per Cent, per Ann.

And it is hereby alsoe enacted That there shall be provided and kept in the Office of the Auditor of the Receipt of the Exchequer one Booke or Register in which all the Orders payable out of the Moneys to be taxed and assessed by this Act within the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed as aforesaid shall be entred and registred. And that all and every the Principall Summes of Money which have been lent to His Majesty at the Receipt of His Exchequer betweene the Fifth Day of December One thousand six hundred ninety nine and the Thirteenth Day of March One thousand six hundred ninety nine not exceeding Two hundred and twenty thousand Pounds and One hundred thousand Pounds for paying Seamens Wages and all and every the Orders of Loane for the same shall be in the first Place transferred to and placed upon the said Register for Orders appointed to be kept by this Act and shall be registred thereupon in due Course and Order according to the Dates of the respective Talleys of Loane for the said Principall Summes which Transferences shall and may be and are hereby required to be made by vertue of this Act without makeing any Issues or takeing any Receipts from, the Parties in order to transferre the said Loanes And that the Principall Moneys on the Orders soe transferred shall be payable and paid to the Lender or Lenders of the same his her or their Executors Administrators or Assignes out of the Moneys ariseing by vertue of this Act of or for the Taxations or Assessments aforesaid in the same Course and Order according to which they are hereby appointed to be transferred and with Preference to any other [Loane (fn. 18) ] or Summes of Money which shall be registred upon and payable out of the same And that Interest after the Rate of Five Pounds per Cent[um] per Annum for the said Loanes to be transferred as aforesaid shall be paid and satisfied out of the same Moneys ariseing as aforesaid every Three Months from the respective Times of makeing the said Loanes untill the respective. Times of Satisfaction of the said Principall Summes And that any Person or Persons who are or shall be entituled to any Moneys to be paid by such Orders to be transferred as aforesaid shall or may assigne over the same to any Person or Persons. Which Assignments shall be good and effectuall in Law and soe toties quoties Any thing herein contained to the contrary notwithstanding.

CXXXVIII. Persons may lend Money to His Majesty on this Act at £5 per Cent. per Ann,

Money lent on this Tax not to be assessed; Orders for Repayment registered according to Date of Tally, and paid in course; Monies to come in by this Act 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; By Deputy; Penalty; Auditor, &c. not making Payment in due Order; Penalty; How such Penalties to be recovered.

Provided alsoe and it is hereby further enacted by the Authority aforesaid That it shall and may be lawfull to or for any Person or Persons Natives or Foreigners Bodies Politick or Corporate to advance and lend to His Majesty at the Receipt of His Majesties Exchequer in England upon the Creditt of the Tax and Assessments by this Act granted and to be raised in the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed as aforesaid any Summe or Summs of Money which together with the severall Summes by this Act appointed to be transferred shall not exceede in the whole Nine hundred thirty three thousand three hundred thirty three Pounds Six Shillings and Eight Pence and to have and receive for the Forbearance thereof Interest after the Rate of Five Pounds per Cent[um] per Annum And moreover that no Money to be transferred or lent upon the Security of this Act as aforesaid shall be rated or assessed by vertue of this Act or any other Act of Parliament whatsoever. And that all and every Person or Persons who shall lend any Money to His Majesty on the Creditt aforesaid and pay the same into the said Receipt of Exchequer shall immediately have a Talley of Loane struck for the same and an Order for his her or their Repayment bearing the same Date with his or their Talleys in which Order shall be alsoe contained a Warrant for Payment of Interest for the Forbearance thereof not exceeding Five Pounds per Cent[um] per Annum to be paid every Three Months untill the Repayment of the Principall. And that all such Orders for Repayment of Money to be lent shall (after the Orders before by this Act directed to be transferred) be registred in course according to the Dates of the Talleys respectively without other Preferrence of one before another. And that all and every Person and Persons shall be paid in Course according as their Orders shall stand registred in the said Register Booke soe as the said Person Native or Forreigner his Executors Administrators or Assignes who shall have his Order or Orders first entred in the said Booke of Register shall be taken and accounted the first Person to be paid out of the Moneys to come in by vertue of this Act by the Tax or Assessment aforesaid and he or they who shall have his [or their (fn. 19) ] Order or Orders next entred shall be taken and accounted to be the Second Person to be paid and soe successively and in Course. And that the Moneys to come in by this Act of or for the said Tax or Assessments shall be in the same Order liable to the Satisfaction of the Said respective Parties their Executors Administrators or Assignes successively without undue Preference of one before another and not otherwise and shall not be diverted or 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 of His Majesties Subjects for provideing or makeing of any such Books or Registers or any Entries Viewes 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 paine of Payment of Treble Dammages to the Party agrieved 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 And if any undue Preference of one before another shall be made either in point of Registry or Payment contrary to the true Meaning of this Act by any such Officer or Officers then the Partie offending shall be liable by Action of Debt or on the Case to pay the Value of the Debt with Damages and Costs to the Partie grieved and shall be forejudged of his Place or Office and if such Preference be unduely made by any his Deputy or Clerke without Directions or Privitie of his Master then such Deputy or Clerke only shall be liable to such Action Debt Dammages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor of the Receipt 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 afore directed then he or they shall be adjudged to forfeite and the respective Deputies and Clerks herein offending to be liable to such Action Debt Dammages and Costs in such Manner as aforesaid All which said Penalties Forfeitures Dammages 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 Essoigne Protection Priviledge Wager at Law Injunction or Order of Restraint shall be in any wise granted or allowed

CXXXIX. Proviso where several Tallies bear Date the, same Day.

Provided alwaies and be it hereby declared That if it happen that severall Talleys of Loane or Orders for Payment as aforesaid beare Date or be brought the same Day to the Auditor of the Receipt to be registred then it shall be interpreted no undue Preference which of those be entred first soe as he enters them all the same Day

CXL. Paying subsequent Orders, if first demanded, no undue Preference, if sufficient reserved to satify preceding Orders.

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 Tellers doe pay subsequent Orders of Persons that come and Demand their Moneys and bring their Orders before other Persons that did not come to take their Moneys and bring their Orders in their Course soe as there be soe much Money reserved as will satisfie precedent Orders which shall not be otherwise disposed but kept for them Interest upon Loane being to cease from the time the Money is soe reserved and kept in Bank for them.

CXLI. 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 That all and every Person and Persons to whom any Money shall be due for Loanes by vertue of this Act after Order entred in the Booke of Register as aforesaid his Executors Administrators or Assignes by Indorsement of his Order may assigne or transferr his Right Title Interest and Benefitt of such Order or any Part thereof to any other. Which being notified in the Office of the Auditor of the Receipt aforesaid and an Entry or Memoriall thereof alsoe made in the Booke of Registry aforesaid for Orders which the Officers shall upon request without Fee or Charge accordingly make shall intitle such Assignee his Executors Administrators and Assignes to the Benefitt thereof and Payment thereon And such Assignee may in like manner assigne again and soe toties quoties, And afterwards it shall not be in the Power of such Person or Persons who have or hath made such Assignements to make void release or discharge the same or any the Moneys thereby due or any Part thereof.

CXLII. Recital of 9 W. III. c. 23. § 11.

Appropriation of Overplus of Neat Produce of Branches settled for the Civil List, &c. above £700,000 for the Year ending 25th Dec. 1700.

And whereas in and by an Act of Parliament made and passed in the Ninth Yeare of His Majesties Reigne intituled An Act for granting to His Majestie a further Subsidy of Tonnage and Poundage towards raiseing the Yearely Summe of Seaven hundred thousand Pounds for the Service of His Majesties Household and other Uses therein mentioned during His Majesties Life It is mentioned that the Yearely Summe of Seaven hundred thousand Pounds should be supplied to His Majesty for the Service of His Household and Family and for other His necessary Expences and Occasions out of certaine great and small Branches of Revenue therein particularly mentioned And it was thereby enacted that if those Branches should produce in cleare Money more than the Yearely Summe of Seaven hundred thousand Pounds to be reckoned from the Five and twentieth Day of December One thousand six hundred ninety nine the Overplus of such Produce should not be issued disposed made use of or applied without Authority of Parliament Now it is hereby declared and enacted by the Authority aforesaid That all the Overplus of the Produce which shall arise in the Yeare ending upon the Five and twentieth Day of December One thousand seaven hundred of or for the said great or small Branches charged with the said Yearely Summe of Seaven hundred thousand Pounds or of or for the Rents or Profitts of the same (being more then the Summe of Seaven hundred thousand Pounds and the necessary Charges of manageing the said great and small Branches for the Yeare aforesaid) shall be appropriated and applied and the said Overplus is hereby appropriated to and for such Uses and Purposes as are hereafter in this Act particularly expressed and declared of and concerning the same and to no other Use or Purpose whatsoever

CXLIII. The Monies arising on the said Pound Rate, and the Loans thereupon, and the transferred Loans; and Overplus of Tonnage and Poundage, &c. granted for Five Years, ending 25th Dec. 1699, and Arrears; and Year's Overplus of Branches for Civil List, ending 25th Dec. 1700; and Duties on Wrought Silks, &c. imported by 30th Sept. 1701; and on Muslins, granted this Session; and Monies arising by Purchase of Annuities, by Act of this Session; and the Plantation Duties for One Year, from the last of March 1700; and Year's Produce upon Duty of 5s. per Ton on French Ships, from 25th Dec. 1699; and Year's Produce of additional Duties on French Goods, from March 1700; and Year's Produce of the Duty of 1s. 10d. per Pound Weight on Wrought Silks imported, from 25th Dec. 1699; and £27,000, Part of Monies advanced by Farmers of Excise, appropriated; For Sea Services, Ordnance for Land Service; Circulating Exchequer Bills; Half Pay to disbanded Officers; Subsistence, &c. of Guards and Garrisons; and Arrears due to Guards and Garrisons, except Clothing; Tallies, with £6 per Cent. Interest.

And be it further enacted by the Authority aforesaid That all the Moneys ariseing by this Act of or for all the said Pound Rate and Assessments to be raised within the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed as aforesaid And all the Loanes made or to be made upon the Creditt thereof and the said Loanes made at the Exchequer for which the Orders are hereby directed to be transferred as aforesaid (the Moneys hereby appropriated for the Repayment of the said Loanes and the Interest thereof and the severall Allowances of Poundage hereby directed for the collecting receiveing or raiseing [of (fn. 20) ] the said Assessments only and alwaies excepted) And all the Overplus Moneys of the Subsidy of Tonnage and Poundage and other Duties upon Goods and Merchandizes imported and exported which were granted for Five Yeares ending upon the Five and twentieth Day of December One thousand six hundred ninety nine which Overplus Moneys doe consist of Seaventy six thousand three hundred eighty three Pounds Five Shillings and Four Pence Farthing remaineing in the Receipt of Exchequer on the Second Day of December One thousand six hundred ninety nine and of all Moneys ariseing from the said Subsidy and other Duties last mentioned or for Arreares of the same after the said Second Day of December One thousand six hundred ninety nine And alsoe all the aforesaid Overplus of the Produce which shall arise in the Yeare ending upon the Five and twentieth Day of December One thousand seaven hundred of or for the said great or small Branches charged with the said Yearely Summe of Seaven hundred thousand Pounds for the Service of His Majesties Household and for other His necessary Occasions and Expences as aforesaid And likewise all the Moneys which shall arise of or for the Duties by any Act of this Session of Parliament charged or to be charged on wrought Silks Bengalls and Stuffs mixed with Silke or Herba of the Manufacture of Persia China or the East-Indies and upon all Callicoes painted died printed or stained there to be imported untill the Thirtieth Day of September One thousand seaven hundred and one And all the Moneys which shall arise by the Duties by any Act of this Session of Parliament charged or to be charged upon Muslins during the Continuance thereof (the necessary Charges of manageing the said Duties only excepted) And moreover all the Money which shall arise for the Purchase of Annuities by any Act of this Session of Parliament. And furthermore all the Moneys which in One Yeare to be reckoned from the last Day of March One thousand seaven hundred shall be brought into the Receipt of Exchequer of or for the Duties commonly called the Plantation Duties charged by an Act of Parliament made in the Five and twentieth Yeare of the Reigne of King Charles the Second of blessed Memory upon severall Commodities therein enumerated which should be laded or putt on board any Shipp or Vessell which by Law might trade in any of His Majesties Plantations and should come to any of them and shipp and take on board such Commodities Bond not being first given to bring such Commodities to England Wales or the Towne of Berwick upon Tweed as is therein mentioned And all the Moneys which in One Yeare to be reckoned from the Five and twentieth Day of December One thousand six hundred ninety nine shall arise by the Duty of Five Shillings per Ton upon every Shipp or Vessell belonging to any the Subjects of the French King comeing into any Port Creeke Harbour or Road of England Wales or Towne of Berwick upon Tweed and there lading or unlanding any Goods or Commodities or takeing in any Passengers or setting on Shoare pursuant to an Act of Parliament in that behalfe made in the Twelfth Yeare of the Reigne of the said late King Charles the Second And all the severall Duties which in one Yeare to be reckoned from the said last Day of March One thousand seaven hundred shall arise by vertue of the Act of Parliament made and passed in the Seaventh Yeare of His Majesties Reigne intituled An Act for granting to His Majestie an additionall Duty upon all French Goods and Merchandizes the necessary Charges of manageing the last mentioned Duties onely excepted And all the Moneys which within One Yeare to be reckoned from the said Five and twentieth Day of December One thousand six hundred ninety nine shall arise by the Duty of One Shilling and Tenn Pence for every Pound Weight of wrought Silke imported from the East Indies or Persia pursuant to an Act of Parliament in that behalfe made in the Ninth Yeare of His Majesties Reigne the Charges of collecting and manageing these Duties only excepted And lastly the Summe of Twenty seaven thousand Pounds Part of the Moneys which shall be advanced by any Farmers or Contractors upon the Duties of Excise in case the same be farmed pursuant to the Powers in this Act given for farming or demiseing those Duties shall be wholly appropriated and applied and the same are hereby appropriated in Manner following that is to say out of all the said Supplies Duties Overplus-Moneys and other Moneys hereby appropriated aforesaid there is and shall be applyed for Sea Services (to witt) for paying off and dischargeing Officers and Seamen and for Recalls Victualling and short Allowance Money the Summe of Three hundred thousand Pounds; For Bounty Money to the Officers of the Fleete Eighteene thousand Pounds; For the Ordinary of the Navy (excluding the Charge of the Register for Seamen) One hundred eighty four thousand three hundred forty two Pounds; Towards extraordinary Repaires of the Fleete Ninety thousand Pounds And for the Services of the Navy and the Victualling thereof and for Sea Services of the Office of Ordnance performed and to be performed Three hundred sixty four thousand Pounds; In all for the said Sea Services the Summe of Nine hundred fifty six thousand three hundred forty two Pounds; And for Land Services performed and to be performed by His Majesties Office of [the (fn. 21) ] Ordnance Twenty five thousand Pounds; And for the Charge of circulating the Bills commonly called the Exchequer Bills Forty thousand Pounds And for and towards the Halfepay now due or which shall growe due to disbanded Officers a Summe not exceeding Forty one thousand Pounds; And the Summe of Three hundred thousand Pounds shall be applied to and for the Subsistance Off-Reckonings and Clearings of His Majesties Guards and Garrisons in England and the Dominions thereunto belonging (Ireland excepted) for One Yeare from the Four and twentith Day of December One thousand six hundred ninety nine And the Summe of Twenty four thousand Pounds for Arreares which became due to His Majesties Guards and Garrisons in the Yeare ended on the Four and twentieth Day of December One thousand six hundred ninety nine other than the Money due for Clothing And the Commissioners of His Majesties Treasury or High Treasurer or any Three or more of the Commissioners of the Treasury for the time being are hereby directed and authorized to issue and pay or to assigne by Talleys or otherwise as to them shall seeme most meete and expedient for His Majesties Service all the Moneys hereby appropriated as aforesaid to the severall Uses and Purposes by this Act directed and intended as aforesaid and to no other Use Intent or Purpose whatsoever and to allow an Interest upon any such Talleys or Assignements not exceeding the Rate of Six Pounds per Cent[um] per Annum for any Part of the said Money which shall be advanced for the Purposes aforesaid or any of them

CXLIV. Rules of 1 W. & M. Sess. 2. c. 1., revived.

And to the end the Summs by this Act appropriated may not be diverted or applied to any other Purposes than are hereby declared and intended. Bee it further enacted by the Authority aforesaid That the Rules and Directions appointed and enacted in one Act made in the First Yeare of His Majesties Reigne intituled An Act for granting to Their Majesties an Aid of Two Shillings in the Pound for One Yeare for the speedy Payment of Money thereby granted into the Receipt of the Exchequer by the Collectors and Receivers and for the Distribution and Application thereof and keeping distinct Accounts of the same and all other Provisions Paines Penalties and Forfeitures thereby enacted in case of Diversion or Misapplication of any Money thereby appropriated are hereby revived and enacted to be in force and shall be practised applied executed and putt in Ure for and concerning the Distribution and Application of the said Summes hereby appropriated as fully amply and effectually as if the same were here againe particularly repeacted and re-enacted

CXLV. Commissioners for putting this Act into Execution to be Commissioners for Act on Marriages, Births, &c.

And be it further enacted by the Authority aforesaid That all and every the Persons appointed to be Commissioners for putting in Execution this Act for the said Tax or Assessments within the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed shall be alsoe Commissioners for putting in Execution the severall Acts for the Duties upon Marriages Births and Burialls Batchelors and Widowers And alsoe the Acts for the Rates and Duties upon Houses for makeing good the Deficiency of clipped Money and all the Powers in the said severall and respective Acts contained within all and every the severall and respective Counties Rideings Cities Boroughs Cinque-Ports Townes and Places for which they are Commissioners by this [said (fn. 21) ] Act during the Continuance of the severall Acts for the said Duties respectively And that the said Commissioners or any Three or more of them shall have full Power and Authority and they and every of them are hereby required and impowered to act doe proceed and finish in all Matters and Things relating to the said Duties upon Marriages Births Burialls Batchelors Widowers and Houses aforesaid and the Arreares thereof as fully and effectually as if the said Commissioners were particularly named and appointed in the said Acts for the aforesaid Duties of Marriages Births Burialls Batchelors and Widowers and Houses during the Time aforesaid

CXLVI. His Majesty may contract for or farm the Duties of Excise, and upon Salt, from 24th June 1700, for Three Years, under such Conditions as His Majesty shall think reasonable;

Allowance to Farmers, or Contractors, for Advance Money.

And for the better Improvement of His Majesties Revenues ariseing by the severall Duties of Excise upon Beere Ale Syder Perry Metheglin Low-Wines Spiritts and other exciseable Liquors and such Duties upon Salt as are now under the Management of the Commissioners of Excise Bee it further enacted by the Authority aforesaid That it shall and may be lawfull to and for His Majesty (if he pleases) to contract for demise or lett to farme the said Revenues and Duties of Excise and the said Duties upon Salt from the Four and twentieth Day of June One thousand seaven hundred for any Terme not exceeding Three Yeares to such Person or Persons as His Majesty shall thinke fitt for such Summe or Summes of Money to be advanced by the Farmers or Contractors and att such Rent or Rents or Summes of Money to be ascertained yearely and made payable weekly and with such Covenants concerneing the Overplus of the said Revenues and for makeing Allowances and Defalcations to the Farmers and Contractors and for repaying and recouping their Advance-Money with the Interest thereof to be agreed for (which Interest shall not exceede the Rate of Five Pounds per Centum per Annum without any other Premium Reward or Gratuity for advanceing the same) and under such other mutuall Covenants Conditions and Agreements as to His Majesty in that behalfe shall seeme reasonable

CXLVII. Farmers to pay Rents contracted for, to Commissioners of Excise, to be by them Weekly apportioned as appropriated.

Provided alwaies and it is hereby enacted by the Authority aforesaid That as well the Rent and Rents as the Overplus (if any shall be) which shall be reserved or become due and accrew to His said Majesty His Heires and Successors upon or by reason of such Farme or Contract shall be paid by the said Farmers or Contractors unto the Hands of the Commissioners of Excise for the Time being who shall weekely apportion the same as exactly as can be done to the severall and respective Funds whereunto the said Duties themselves are appropriated or applicable by the Act or Acts of Parliament now in force in that Behalfe And the same Rents and Overplus-Money shall be applyed to make good the said Funds in the same Proportions and by such Waies and Methods and in such Manner and Forme as the said Duties ought to have beene applyed if such Farme or Contract were not made And that the said Commissioners and all Officers of the Exchequer and others respectively concerned in the paying into the Exchequer issueing or Application of the said Rents or Summes of Money and Overplus aforesaid: or any Part thereof for any Default or Failure therein or for diverting or misapplying the same Rents Summes of Money and Overplus or any Part thereof shall be and are by this Act made subject and lyable to the same Penalties Forfeitures and Disabilities as they or any of them respectively would have incurred for the like Offence Default or Failure in respect of the said Duties soe to be farmed or contracted for Any thing herein contained to the contrary notwithstanding

CXLVIII. If any of the Duties so to be farmed, determine during the Farm, a reasonable Abatement to be made to the Farmers.

Provided alsoe and be it enacted by the Authority aforesaid That if any of the said Duties soe to be demised or farmed shall happen to determine before the End or Determination of the Terme of Yeares for which such Farmes shall be granted as aforesaid whereby the remaining Branches or Duties of the said Revenues shall not be sufficient to answer the Yearely Rents to be ascertained by them with the Allowances which they are to have for the Charges of Management and their owne Paines that then a reasonable Abatement shall and may be made to the said Farmers or Contractors out of the Rents to be ascertained as aforesaid in respect of the Losse they shall sustaine by such Determination of any such Branch before the End of their Terme.

CXLIX. No Member of Parliament, after 24th June 1700, to be a Commissioner or Farmer of Excise, or Commissioner of Appeals, &c.

And be it enacted by the Authority aforesaid That no Member of the House of Commons in this present or [any (fn. 22) ] future Parliament during the time of his being a Member of Parliament shall from and after the said Four and twentieth Day of June One thousand seaven hundred be capable of being a Commissioner or Farmer of the Duty of Excise upon Beere Ale and other Liquors or of being a Commissioner for determineing Appeales concerning the said Duty or controlling or auditting the Account of the said Duty or of holding or enjoying in his owne Name or in the Name of any other Person in Trust for him or for his Use and Benefitt or of executing by himselfe or his Deputy any Office Place or Imployment touching or concerning the farming collecting or manageing the said Duty of Excise

CL. Persons offending incapable of sitting in the House of Commons.

And be it further enacted That if any Member of the House of Commons in this present or any future Parliament during the time of his being a Member of Parliament shall att any time after the said Four and twentieth Day of June by himselfe or his Deputy or any other in Trust for him or for his Benefitt take enjoy or execute any Office Place or Imployment touching or concerning the farming manageing or collecting the said Duty of Excise or determineing Appeales concerning the said Duty or controlling or auditting the Accounts of the same such Person is hereby declared and enacted to be absolutely incapable of sitting voteing or acting as a Member of the House of Commons in such Parliament

CLI. Proviso for present Members of Parliament, till after 24th June 1700.

Provided alwaies and be it hereby declared That nothing herein before contained shall extend or be construed to extend (during the Continuance of this Parliament) to the disabling any Person at present a Member of the House of Commons from being concerned in the manageing farmeing or collecting the said Duties of Excise or in determineing Appeales concerneing the same or in controlling or auditeing the Accounts thereof soe as such Person shall not after the said Four and twentieth Day of June One thousand seaven hundred sitt vote or Act in the said House Any thing herein before contained to the contrary notwithstanding

CLII. Recital of 10 W. III. c. 9.

The County of Wilts being charged to the last Year's Land Tax, with £45 10s. 7d. more than was intended, upon Payment of Three Fourths of the Sum it raised to the 4s. Aid of Stat. 4 W.& M.c.1. no Process shall issue for further Sum.

And whereas by an Act intituled An Act for granting to His Majesty the Summe of One million four hundred eighty four thousand and Fifteene Pounds One Shilling Eleaven Pence Three Farthings for disbanding the Army provideing for the Navy and for other necessary Occasions and made in the Tenth and Eleaventh Yeares of His present Majesties Reigne the County of Wilts in generall was charged with the Summe of Fourty five Pounds Tenn Shillings and Seaven Pence more than was intended by a Mistake made in adding together the severall Sumes charged on the severall Hundreds within the said County Be it therefore enacted by the Authority aforesaid That upon the Receipt of Thirty seaven thousand three hundred and two Pounds Eight Shillings and Seaven Pence Farthing together with Fourteene hundred fifty one Pounds Seaventeene Shillings and Four Pence Halfe-penny charged on the City of New Sarum the Close of the same and Clarendon Parke in and by the said recited Act being full Three fourths of the Summe raised within the said County by vertue of an Act of Parliament made in the Fourth Yeare of the Reigne of His Majesty and our late Queene Mary of blessed Memory intituled An Act for granting to Their Majesties an Aid of Four Shillings in the Pound for One Yeare for carrying on a vigorous Warr against France no Processe shall issue out of the Exchequer for the raiseing any farther Summe on the said County by vertue of the said Act nor the Commissioners appointed for the Execution thereof required to reassesse or cause to be reassessed any further Summe upon the said County or any Place therein the said First recited Act or any thing [therein (fn. 23) ] contained to the contrary thereof in any wise notwithstanding.

CLIII. The Pay to the Commission Officers of the Guards and Garrisons, and to the Gunners, to be stated as herein mentioned.

And be it enacted by the Authority aforesaid That the Pay-Master Generall of His Majesties Forces shall (upon the Returnes of the Muster Rolls by the Commissary Generall of the Musters unto the said Pay-Master which Returnes are hereby directed to be made in every Two Months at the farthest to be computed from the Four and twentieth Day of December One thousand six hundred ninety nine to the Five and twentieth Day of December One thousand seaven hundred) state the respective Pay due to the Commission Officers of His Majesties Guards and Garrisons and Gunners thereof And the Co[m]missioners of the Treasury for the time being are hereby impowered and directed from time to time to issue unto the said Pay-Master out of the Money appropriated by this Act for the Payment of the said Guards and Garrisons and Gunners soe much as may be sufficient to cleare the said Officers and Gunners Accounts of Pay due for their Services within the time last above mentioned.

CLIV. Tenants to His Majesty returned into the Exchequer for Rent actually paid, shall be discharged on producing their Receipts.

And be it further enacted by the Authority aforesaid That if any Tenant of His Majesty is or shall be hereafter by Neglect or Mistake returned into His Majesties Court of Exchequer for any Rent which hath beene actually paid that then and in every such Case on produceing the Receipt for the said Rent from the Receiver or other proper Officer the Treasurer Remembrancer Clerke of the Pipe and other proper Officers are hereby authorized and required without Fee or Reward to discharge such Tenants Name upon the severall Rolls where such Rent is charged soe that the said Rent by Neglect or Mistake returned into the Exchequer as aforesaid shall be no more given in charge to any Sheriffe whatsoever.

CLV. Stat. 10 W. III. c.9.

The Commissioners in the last Year's Tax, in some Counties, not having Regard to ascertain in each Division Three Fourths of the 4s. Aid, granted by 4W. &M. c. 1. the same to be rectified, and the deficient Proportions re-assessed.

And whereas in executing the Act of Parliament made and passed in the Tenth Yeare of His Majesties Reigne intituled An Act for granting to His Majesty the Summe of One million four hundred eighty four thousand and fifteene Pounds One Shilling Eleaven Pence Three Farthings for disbanding the Army provideing for the Navy and other necessary Occasions the Commissioners in some Counties had not regard to sett downe and ascertaine Three Fourth Parts of the intire Summes which were assessed on the same Hundreds Rapes and Divisions respectively by virtue of the said Act of Parliament made in the Fourth Yeare of the Reigne of His Majesty and of our last gracious Sovereigne Queene Mary of blessed Memory intituled An Act for granting an Aid of Four Shillings in the Pound for One Yeare for carrying on a vigorous Warr against France but have eased some Hundreds Rapes and Divisions by takeing off from them what they ought to have paid by virtue of the said Acts contrary to the Meaneing of the same by which Meanes the full Summe which should be raised and paid to His Majesties Use in severall Parts of this Kingdome and the Dominions aforesaid is in some Measure delayed and not answered and paid to His Majesty and like to prove deficient unlesse a timely Remedy be applied thereto Be it therefore enacted by the Authority aforesaid That where such Summs have not beene assessed and raised upon the said Act made in the Tenth Yeare of His Majesties Reigne in every Hundred Rape and Division aforesaid the same shall be rectified by chargeing upon every such Hundred Rape and Division soe eased as aforesaid soe much as will make up Three Fourth Parts of the Summe which was charged thereupon to the said Aid granted in the Fourth Yeare of His Majesties Reigne And the Commissioners for every such County and Rideing and for the respective Hundreds Rapes Divisions and Subdivisions therein shall and are hereby required to take care that the said Proportions be reassessed and charged levied and raised accordingly.

Footnotes

  • 1. Most Gratious Sovereigne O.
  • 2. interlined on the Roll.
  • 3. interlined on the Roll.
  • 4. any O.
  • 5. interlined on the Roll.
  • 6. interlined on the Roll.
  • 7. said O.
  • 8. or O.
  • 9. of them O.
  • 10. annexed to the Original Act in a separate Schedule.
  • 11. interlined on the Roll.
  • 12. These Four Provisoes are annexed to the Original Act in a separate Schedule.
  • 13. interlined on the Roll.
  • 14. interlined on the Roll.
  • 15. of Money O.
  • 16. Stray O.
  • 17. interlined on the Roll.
  • 18. Loanes O.
  • 19. interlined on the Roll.
  • 20. interlined on the Roll.
  • 21. interlined on the Roll.
  • 22. interlined on the Roll.
  • 23. interlined on the Roll.