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William III, 1700 & 1701: An Act for appropriating Three thousand seven hundred Pounds weekly out of certain Branches of Excise for publick Uses and for making a Provision for the Service of His Majesties Houshold and Family and other His necessary Occasions [Chapter XII. Rot. Parl. 12 & 13 Gul. III. p 3 (3)]

Pages 723-727

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

Recital of Stat. 9 W.III. c.23. § 11.

and that it is necessary that the weekly Sum of £3,700 should be taken out of the hereditary Revenue of Excise, and applied for the Public Use for Five Years; and be a Security for raising £820,000 for immediate Service; From 25th Dec. 1700, for Five Years,; £3,700 per Week out of the Excise Duties; to be paid into the Exchequer,; in Manner herein mentioned; Weekly Deficiency (if any) how supplied.

Whereas by an Act of Parliament made and passed in the Ninth Year of His Majesties Reign entituled An Act for granting to His Majesty a further Subsidy of Tonnage and Poundage towards raising the [Yearly (fn. 2) ] Sum of Seven hundred thousand Pounds for the Service of His Majesties Houshold and other Uses therein mentioned during His Majesties Life the Yearly Sum of Seven hundred thousand Pounds was intended to be supplyed to His Majesty for the Service of His Houshold and Family and for other his necessary Expences and Occasions out of the hereditary Rates and Duties of Excise upon Beer Ale and other Liquors which were granted to the Crown in the Twelfth Year of the Reign of King Charles the Second and out of the Rates and Duties of Excise on Beer Ale and other Liquors payable for the Term of His Majesties Life by an Act of Parliament made and passed in the Second Year of the Reign of His Majesty and the late Queen of blessed Memory and out of the Revenue of the General Letter Office or Post Office or the Office of the Postmaster General and out of the smal Branches of His Majesties Revenues herein after mentioned and expressed that is to say The First Fruits and Tenths of the Clergy The Fines for Writs of Covenant and Writs of Entry payable in the Alienation Office The Post Fines The Revenue of the Wine Licenses The Moneys arising by the Sheriffs Proffers and Compositions in the Exchequer and by the Seizures of uncustomed and prohibited Goods The Revenue of the Dutchy of Cornwall and any other Revenue arising by the Rents of Lands in England or Wales or for Fines of Leases of the same or any of them And the Duty of Four and Half per Gent[um (fn. 3) ] in Specie arising in Barbadoes and the Leeward Islands in America And out of the Moneys which should arise by the said Act for the said further Subsidy of Tonnage and Poundage And it was thereby further enacted that if the said great and small Branches and Revenues herein before mentioned should produce in clear Money more than the Yearly Sum of Seven hundred thousand Pounds from the Five and twentieth Day of December One thousand six hundred ninety nine then the Overplus of such Produce being more than the said Yearly Sum of Seven hundred thousand Pounds should not be issued disposed made use of or applyed to any Use or Purpose or upon any Pretext whatsoever without the Authority of Parliament as by the said Act Relation being thereunto had may more fully appear And whereas the Necessity of the Publick Affairs doth require that the Weekly Sum of Three thousand seven hundred Pounds of lawfull English Money for every Week to be reckoned from the Five and twentieth Day of December One thousand seven hundred and to be taken out of the said Hereditary Revenue or Branch of Excise and out of the said Duties of Excise payable during His Majesties Life and either or any of them be applied and disposed to and for the Publick Use and Service during His Majesties Life And that the Moneys arising by such Weekly Payments during the Term of Five Years to be accounted from the said Five and twentieth Day of December One thousand seven hundred be now made a Security or Fond of Credit for raising thereupon any Sum or Sums of Money not exceeding Eight hundred and twenty thousand Pounds for the immediate Service of His Majesties Navy Guards and Garrisons Land Forces and other Publick Uses And it is intended that all the Rest and Residue of the said particular Branches of Excise and all the said other great and small Branches and Revenues herein before particularly enumerated and expressed shall from the said Five and twentieth Day of December One thousand seven hundred be for the Service of His Majesties Houshold and Family and for other His necessary Expences and Occasions during His Majesties Life Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the said Five and twentieth Day of December One thousand seven hundred for and during the whole Term of Five Years from thence next and immediately ensuing the full clear and intire Weekly Sum of Three thousand seven hundred Pounds of lawful English Money out of all the Moneys arising by the said Hereditary Duties of Excise and by the said Duties of Excise payable during His Majesties Life and by every or any of them if all those Duties of Excise shall so long continue and if the said Duties of Excise payable during His Majesties Life (which God long preserve) shall happen to determine before the End of the said Term of Five Years then out of the Moneys arising entirely by the said Hereditary Duties of Excise for and during all the Residue which shall be then to come and unexpired of the said Term of Five Years shall be brought and paid by the Commissioners Farmers Reciever and Recievers General for the Time being of the said Duties of Excise (who are hereby enjoyned and required to bring and pay the same accordingly) into the Receipt of Exchequer distinctly and separately from all other Moneys whatsoever that are or shall be payable by them into the said Receipt the same to be brought and paid into the said Receipt in Manner and Form following (that is to say) the Sum of Ninety six thousand two hundred Pounds for the [first (fn. 3) ] Twenty six Weeks to be reckoned from the said Five and twentieth Day of December One thousand seven hundred and to end upon Wednesday the Five and twentieth Day of June One thousand seven hundred and one shall be brought and paid into the said Receipt as by this Act is specially provided in that Behalf And from and after the said Five and twentieth Day of June One thousand seven hundred and one during all [the (fn. 3) ] then Residue of the said Term of Five Years the said Weekly Sum or Payment of Three thousand seven hundred Pounds shall upon Wednesday in every Week if it be not an Holiday and if it be then upon the next Day that is not an Holiday as one Week shall successively and immediately follow and succeed one another be brought and paid into the said Receipt of Exchequer for the Purposes in this Act expressed And in case in any Week or Weeks the whole Receipt of the Moneys of the said several Branches or Duties of Excise hereby charged as aforesaid shall not be sufficient to answer the Weekly Payment or Payments hereby directed for such particular Week or Weeks that then and so often the Deficiency and Deficiencies thereof shall be supplied and made good out of the whole Receipt of the said particular Branches of Excise and every or any of them arising in the next Week or Weeks when the Receipt or Receipts will be sufficient to bear the same

II.

How £96,200 for the first 26 Weeks to be paid into the Exchequer, &c.

And as to the said Sum of Ninety six thousand two hundred Pounds to be reckoned for the first Twenty Six Weeks from the said Five and twentieth Day of December One thousand seven hundred and ending upon Wednesday the Five and twentieth Day of June One thousand seven hundred and one as aforesaid It is hereby enacted That the said Sum of Ninety six thousand two hundred Pounds shall be brought and paid into the Receipt of Exchequer out of the Duties of Excise aforesaid by Two thousand three hundred Pounds a Week for One and forty Weeks to be reckoned from the said Five and twentieth Day of June One thousand seven hundred and one successively and by paying Nineteen hundred Pounds to compleat the said Ninety six thousand two hundred Pounds at the End of the Two and fortieth Week to be reckoned from the said Five and twentieth Day of June One thousand seven hundred and one over and above the constant Weekly Payment of Three thousand seven hundred Pounds aforementioned for the Purposes in this Act expressed And that all the Moneys hereby appointed to be Weekly paid into the said Receipt as aforesaid and every Part thereof shall be applied and disposed and the same are hereby appropriated for and towards the Repayment and Satisfaction of the Sum not exceeding Eight hundred and twenty thousand Pounds hereby authorized to be borrowed thereupon and the Interest thereof as is herein after mentioned and to no other Use Intent or Purpose whatsoever Any former Act or Acts of Parliament or other Matter or Thing whatsoever to the contrary notwithstanding

III. Residue of the Branches of Excise, &c. chargeable with the yearly Sum of £700,000 to be for the Use of the King's Household and Family, &c.

And be it further enacted by the Authority aforesaid That all the Rest and Residue of the said particular Branches of Excise upon Beer Ale and other Liquors which shall from time to time remain after the said Weekly Payments shall be made out of the same and the said Revenues arising in the said General Letter Office or Post Office and by the said small Branches herein before particularly expressed and by the said further Subsidy of Tonnage and Poundage and all other the Branches and Revenues herein before mentioned which were chargeable with the said Yearly Sum of Seven hundred thousand Pounds as aforesaid shall from time to time during His Majesties Life be for the Use and Service of His Majesties Houshold and Family and for other His necessary Expences and Occasions the said Act made in the Ninth Year of His Majesties Reign herein before recited or any Clause Matter or Thing therein contained to the contrary notwithstanding

IV. Clauses touching the Overplus in Stat. 9 W. III. c.23. repealed.

And it is hereby declared and enacted That all and every the Clauses contained in the said recited Act of Parliament for touching or concerning the Overplus or Produce of the said Branches [or (fn. 4) ] Revenues over and above the said Yearly Sum of Seven hundred thousand Pounds are and shall be repealed void and of none Effect

V. Commissioners of Excise to make the said weekly Payments into the Exchequer.

And it is hereby [further (fn. 5) ] enacted by the Authority aforesaid That the Commissioners of Excise for the Time being at the Head Office in London shall from time to time separate and keep apart all the Moneys arising by the said particular Branches of Excise herein before mentioned as the same shall from time to time arise or be paid into the said Office of Excise by the Recievers or Collectors of the same or by any other Person or Persons whatsoever and shall out of the Moneys so arising make the said Weekly Payments into the Exchequer for Repayment of Loans and the Interest thereof according to the Purport of this present Act

VI. Commissioners neglecting, &c. to pay the same,

Penalty.

And be it further enacted That if the said Commissioners of the Excise for the Time being shall refuse or neglect to pay or cause to be paid into the Exchequer the said Weekly Sums hereby appointed or shall divert or misapply any Part of the Moneys which should make good the same then they or every of them so offending shall forfeit their several Offices and Places and be incapable to serve the King in any Office or Place of Trust or Profit and shall be liable for every such Offence to pay Double the Value of the Money to be diverted or misapplyed to any Person or Persons who will inform or sue for the same by Action of Debt or of the Case Bill Suit or Information in any of His Majesties Courts of Record at Westminster wherein no Essoign Protection Wager of Law or more than one Imparlance shall be granted or allowed

VII. Comptroller of Excise to keep Account of Monies arising by particular Branches of Excise.

Forfeiture of Place, Incapacity, and Penalty £100.

And be it enacted That the Comptroller of ( (fn. 6) ) Excise for the Time being shall keep a perfect and distinct Account in a Book or Books fairly written of all the Moneys which shall arise by the said particular Branches of Excise out of which the said Weekly Payments are to be made as aforesaid as the same shall from time to to time arise or be raised (to which Books all Persons concerned shall at all seasonable Times have free accesse without Fee or Charge) and such Comptroller in Default thereof shall forfeit his Office or Place and be rendred incapable as aforesaid and shall also forfeit the Sum of One hundred Pounds for every such Default to any Persons or Persons who will inform or sue for the same as is before mentioned

VIII.

Auditor of Exchequer to enter in a Book the Monies brought in Weekly.

And to the End the said Weekly Sum of Three thousand seven hundred Pounds and all the Payments hereby directed to be made into the said Receipt of Exchequer for or upon Account of the same may be made a Fond [or Security (fn. 5) ] for borrowing thereupon any Sum or Sums of Money not exceeding Eight hundred and twenty thousand Pounds and for Repayment thereof with Interest for the same Be it further enacted by the Authority aforesaid That there shall be provided and kept in the Office of the Auditor of the Receipt of Exchequer One Book in which all the Moneys which ought to be paid in Weekly as aforesaid for or upon Account of the said Weekly Sums out of the said particular Branches of Excise and which shall be brought to the said Receipt shall be entred apart and distinct from all other Moneys paid into the said Receipt on any other Account whatsoever

IX. Persons may lend £820,000 on the weekly Payments, &c.

And it is hereby further enacted by the Authority aforesaid That it shall and may be lawfull to and for any Person or Persons Natives or Foreigners Bodies Politick or Corporate to advance and lend to His Majesty at the said Receipt of Exchequer any Sum or Sums of Money not exceeding the Sum of Eight hundred and twenty thousand Pounds upon Credit of the Weekly [Payments (fn. 5) ] hereby appointed to be [paid (fn. 7) ] as aforesaid out of the said particular Branches of Excise

X. Interest at £6 per Cent. per Ann. for the first £400,000; and £7 per Cent. per Ann. for the Residue.

And that Talleys of Loans shall be levied for all and every Sum and Sums of Money so lent and that Orders according to the Course of the Exchequer shall be drawn signed and issued for the Repayment of the same and for Payment of Interest for the Forbearance [thereof (fn. 8) ] every such Sum of Money after the Rate of Six Pounds per Centum per Annum for the First Four hundred thousand Pounds and Seven Pounds per Centum per Annum for the remaining Four hundred and twenty thousand Pounds which Interest shall be payable every Three Months from the respective Dates of the said Talleys of Loan until the Satisfaction of the [said (fn. 9) ] respective Principal Sums

XI. Orders for Repayment assignable.

And all and every such Order and Orders and the Moneys therein to be contained or any Part [thereof (fn. 5) ] shall be assignable and transferrable without Power of Revocation so as the Assignments thereof be indorsed on the respective Orders and entred or notified in the Office of the Auditor of the Receipt of Exchequer in a Book to be there kept for that Purpose

XII. Money lent not to be taxed.

And that all and every the Sum and Sums of Money so to be lent to His Majesty upon Credit of the said Weekly Payments shall be free from all manner of [Publick (fn. 10) ] Taxes and Impositions whatsoever

XIII. Register of Orders to be in course.

And that a distinct Register shall be kept in the said Receipt of Exchequer of all the Orders for Repayment of the said Sum not exceeding Eight hundred and twenty thousand Pounds in which all the said Orders shall be registred in course according to the Dates of the Talleys respectively without any other Preference of one before another And that all and every Person and Persons shall be paid in course according as their Orders shall stand entred in the said Register

XIV. And Money liable in the same Order.

And that all the Monies to come in by this Act of or for the said Weekly Payments appropriated for Repayment of Loans and the Interest thereupon as aforesaid shall be in the same Order liable to the Satisfaction of the respective Lenders their Executors Administrators and Assigns respectively according to the Dates of their Talleys and shall not be diverted or divertible to any other Use Intent or Purpose whatsoever

XV. No Fee for making Registers, &c.

Penalty on Officer, &c.

And that no Fee Reward or Gratuity directly or indirectly be demanded or taken for providing or making of any Books Entries Registers Views or Search in or for Payment of Money lent upon the said Weekly Payments out of the said Branches of Excise or Interest as aforesaid by any of His Majesties Officer or Officers their Clerks or Deputies on pain of Payment of Treble Damages to the Party agrieved by the Party offending with Costs of Suit or if the Officer himself take and demand any such Fee or Reward then to lose his Place also

XVI. Officer making undue Preference,

Penalty, and Loss of Office; Penalty on Deputy.

And if any undue Preference of one before another shall be made either in point of Register or Payment contrary to the true Meaning of this Act in reference to the said Principal and Interest payable out of the said Weekly Sums charged on the said particular Branches of Excise then the Party offending shall be liable by Action of Debt or on the Case to pay the Value of the Debt Damages and Costs to the Party grieved and shall be forejudged of his Place or Office And if such Preference be unduely made by any his Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk shall also be liable to such Action of Debt Damages & Costs and shall be for ever after incapable of any Place or Office

XVII. Auditor not directing, and Teller, &c. not making Payment in course, Penalty.

And in case the Auditor shall not direct the Order or the Clerk of the Pells record or the Teller make Payment according to each Persons due Place and Order as afore directed in reference to the said Weekly Sum of Three thousand and seven hundred Pounds or the said Principal and Interest to be paid out of the same then he or they shall be adjudged to forfeit and they and their respective Deputies and Clerks herein offending to be liable to such Action Debt Damages and Costs in such Manner as aforesaid

XVIII. Penalties how recovered.

All which said Penalties and Forfeitures to be incurred by any of the Officers of the Exchequer or any their Deputies & Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoign Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any [wise (fn. 10) ] granted or allowed

XIX. No undue Preference, where Orders bear Date the same Day, which is first entered, &c.

Provided always and be it hereby declared That if it happen that several Talleys of Loan or Orders for Repayment of Money lent upon the said Weekly Sums out of the said Branches of Excise bear 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 he enters first so he enters them all the same Day.

XX. Nor if the Tellers pay subsequent Orders, &c; if sufficient Money reserved in Bank.

Provided also That it shall not be interpreted any undue Preference to incurr any Penalty in point of the Payment last mentioned if the Auditor direct or the Clerk of the Pells record and the Tellers do pay subsequent Orders of Persons that come and demand their Moneys and bring their Orders before other Persons that did not come to demand their Money and bring their Orders in their Course so as there be so much Money reserved as will satisfy precedent Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the Time the Money is so reserved and kept in Bank for them.

XXI. Charge of collecting, &c. how to be defrayed.

Provided always and it is hereby enacted That the Charge of collecting managing and levying the said particular Branches of Excise and other Branches and Duties before mentioned which were liable to the said yearly Sum of Seven hundred thousand Pounds shall be born and defrayed out of the said Rest and Residue of the same Branches and Revenues hereby appointed for the Service of His Majesties Houshold and Family and other His necessary Expences and Occasions as aforesaid Any thing herein contained to the contrary notwithstanding

XXII. Moneys may be lent on the last £420,000 without staying till the preceding £400,000 be lent, &c.

Such Monies to be registered and paid as herein mentioned; Interest paid every Three Months; Penalties.

Provided also and it is hereby enacted That if any Person or Persons Bodies Politick or Corporate at any Time or Times after the passing of this Act and before such Time as Four hundred thousand Pounds Principal Moneys in the whole shall be first lent thereupon shall be willing to advance and lend to His Majesty any Sum or Sums of Money for or in part of the Sum of Four hundred and twenty thousand Pounds being the last Part of the Sum not exceeding Eight hundred and twenty thousand Pounds authorized to be borrowed upon this Act that then it shall and may be lawfull to and for any such Person or Persons Bodies Politick or Corporate to make such Loans for or in part of the said last Four hundred and twenty thousand Pounds without staying till the preceding Four hundred thousand Pounds shall be first lent and that the Principal Moneys upon the Orders of Loan for or in part of the said last Four hundred and twenty thousand Pounds shall be registred and paid in course as this Act directs but shall take place in point of Registry and Payment next after Four hundred thousand Pounds Principal Moneys which shall be first registred or be reserved to be registred upon this Act and that the Interest of the said Loans for or in part of the said Four hundred and twenty thousand Pounds so to stand last upon the said Register shall be paid every Three Months from the respective Dates of the Tallies of Loans for the same out of the said Moneys to arise Weekly from the said particular Branches of Excise as aforesaid under the like Penalties Forfeitures and Disabilities for not duly registring or repaying the Moneys so to be lent for or in part of the said Four hundred and twenty thousand Pounds or for not duly paying the Interest thereof as are by this Act provided for not duly registring or repaying any other Part of the said Moneys not exceeding Eight hundred and twenty thousand Pounds by this Act authorized to be borrowed as aforesaid or Interest of the same Any thing in this Act contained to the contrary notwithstanding.

XXIII. Proviso concerning the Bank of England paying Dividends, &c.

Stat.8 & 9 W.III. c. 20; Stat. 9 W. III.c. 3.

Provided always and be it enacted by the Authority aforesaid That the Governor and Company of the Bank of England until such Time as they shall be fully satisfied and repaid all the Principal Moneys which they shall lend upon Credit of this Act for or in part of the said Sum not exceeding Four hundred and twenty thousand Pounds before mentioned and the Interest thereof shall not be obliged to make any Dividend or Dividends of the Moneys which hereafter shall become due and payable to and be reccieved by the said Governor and Company their Servants and Agents out of the Exchequer or any Publick Office upon or by vertue of any Tallies or Orders subscribed unto the Capital Stock of the said Governor and Company pursuant to the Act of Parliament made in the Eighth Year of His Majesties Reign intituled An Act for making good the Deficiencies of several Fonds therein mentioned and for inlarging the Capital Stock of the Bank of England and for raising the Publick Credit but at such Times only as shall be ordered by a General Court of the said Governor and Company Any Clause or Clauses Matters or Things whatsoever in the Act last mentioned or in one other Act of the Ninth Year of His Majesties Reign intituled An Act to give further Time for the administring of Oaths relating to Tallies and Orders and for the easier Dispatch of the publick Business in the Exchequer and in the Bank of England or in any other Act or Acts of Parliament whatsoever contained to the contrary notwithstanding

XXIV. In lieu of the perpetual Annual Payments out of the Excise granted by King Charles II. the hereditary Excise, after 25th Dec. 1705, shall stand charged with the Annual Payments of £3 per Cent.; without Fee or further Warrant.

Provided always and be it further enacted by the Authority aforesaid That in lieu and discharge of certain perpetual annual Payments and of all Arrears thereof granted by His late Majesty King Charles the Second by Letters Patent out of the said Hereditary Revenue of Excise in Satisfaction of certain Principal Sums mentioned in the said Letters Patent to be then due from His said late Majesty to the respective Patentees therein named the said Hereditary Revenue of Excise shall from and after the Twenty sixth Day of December One thousand seven hundred and five be and stand charged and chargeable for ever with the Payment of annual Sums after the Rate of Three Pounds per Centum per Annum for the Principal Sums mentioned in the said respective Letters Patent to be issued and paid out of the said Revenue by Quarterly Payments out of the Receipt of His Majesties Exchequer by the Officers of the same unto the respective Owners and Proprietors of such annual Sums and to their Heirs and Assigns for ever without any Fee or Charge and any further or other Warrant to be sued for had or obtained in that Behalf the said annual Payments after the Rate of Three Pounds per Centum to be subject nevertheless to be redeemed upon Payment of a Moyety of the Principal Sums mentioned in the said respective Letters Patent

XXV. Recital of Stat. 11 & 12 W.III. c. 10. § 6.

Prohibited Goods imported before 30th Sept. 1701, and not made into Apparel, &c. subject to the Rules of the said Act for warehousing, &c.

And whereas by the Act passed in the Parliament held in the Eleventh and Twelfth Years of His present Majesties Reign intituled An Act for the more effectual imploying the Poor by incouraging the Manufactures of this Kingdom all Wrought Silks Bengals Stuffs mixed with Silk Herba of the Manufacture of Persia China or East India are prohibited to be worn after the Nine and twentieth Day of September One thousand seven hundred and one unless the same be before that Time made up and used in Apparel or Furniture and Direction is by the said Act given for bringing of all such Goods as shall be imported after the said Nine and twentieth Day of September One thousand seven hundred and one into a Publick Warehouse in order to the Exportation thereof but no Direction is by the said Act given for bringing of such Goods into a Publick Warehouse as should be imported before the said Nine and twentieth Day of September For Remedy whereof Be it declared and enacted by the Authority aforesaid That such of the said prohibited Goods as shall have been imported into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed before the Thirtieth Day of September One thousand seven hundred and one and shall not before that Time be made up in Apparrel or Furniture shall be subject to the same Rules and Directions for bringing thereof into one or more Publick Warehouse or Warehouses and such other Provisions as are by the said Act given and directed touching such of the said Goods as shall be imported after the said Nine and twentieth Day of September One thousand seven hundred and one so as the said Goods be brought to such Ware-house or Warehouses upon or before the Tenth Day of October One thousand seven hundred and one.

Footnotes

  • 1. interlined on the Roll.
  • 2. This Act stands the Second upon this Third Part of the Roll, but is not numbered on the Roll: in the Index it is Number 2.
  • 3. interlined on the Roll.
  • 4. and O.
  • 5. interlined on the Roll.
  • 6. the O.
  • 7. made O.
  • 8. of O.
  • 9. O. omits.
  • 10. interlined on the Roll.