Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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'William and Mary, 1694: An Act for granting to theire Majesties severall Rates and Duties upon Tunnage of Shipps and Vessells and upon Beere Ale and other Liquors… [Chapter XX. Rot. Parl. pt. 4. nu. 3.]', in Statutes of the Realm: Volume 6, 1685-94, ed. John Raithby( s.l, 1819), British History Online https://prod.british-history.ac.uk/statutes-realm/vol6/pp483-495 [accessed 23 November 2024].
'William and Mary, 1694: An Act for granting to theire Majesties severall Rates and Duties upon Tunnage of Shipps and Vessells and upon Beere Ale and other Liquors… [Chapter XX. Rot. Parl. pt. 4. nu. 3.]', in Statutes of the Realm: Volume 6, 1685-94. Edited by John Raithby( s.l, 1819), British History Online, accessed November 23, 2024, https://prod.british-history.ac.uk/statutes-realm/vol6/pp483-495.
"William and Mary, 1694: An Act for granting to theire Majesties severall Rates and Duties upon Tunnage of Shipps and Vessells and upon Beere Ale and other Liquors… [Chapter XX. Rot. Parl. pt. 4. nu. 3.]". Statutes of the Realm: Volume 6, 1685-94. Ed. John Raithby(s.l, 1819), , British History Online. Web. 23 November 2024. https://prod.british-history.ac.uk/statutes-realm/vol6/pp483-495.
In this section
Tonnage upon Ships given for Four Years.
Wee your Majesties most dutifull and loyall Subjects the Co[m]mons assembled in Parliament for the further Supply of your Majesties extraordinary Occasions for and towards the necessary Defence of your Realmes doe humbly p[re]sent your Majesties with the further Gift of the Impositions Rates and Duties herein after mentioned And doe beseech your Majesties that it may be enacted and be it enacted by the King and Queenes most excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Co[m]mons in this p[re]sent Parliament assembled and by the authority of the same that for and dureing the terme of Four yeares comenceing from the First day of June in the yeare of our Lord One thousand six hundred ninety and four there shall be throughout the Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede raised levied collected and paid unto and for the use of theire Majesties theire Heires and Successors for and upon the Tunnage of all Shipps and Vessells wherein att any time or times and for every time dureing the said terme of Four yeares there shall be imported any Goods or Merchandizes into this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede from any the Parts Places or Countryes hereafter menc[i]oned or wherein dureing the said terme there shall be carryed coastwise from any Port Member or Creeke in the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede unto any [other (fn. 1) ] Port Creeke or Member within the same Kingdome Dominion Port or Towne the severall and respective Rates Imposic[i]ons Dutyes and su[m]mes of money herein after mentioned (that is to say).
Several Rates. East Indies, &c.
For every Tun of the Burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from the East Indies or any parts southward or eastward of Cabo bona Speranza the su[m]me of Thirty shillings:-
Italy, Turkey.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from any Ports or Places in Italy or Turkey the su[m]me of Fifteene shillings:-
Portugal, Spain.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from any Ports or Places in Portugall or Spaine the su[m]me of Ten shillings:-
West Indies.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from any the Plantations Lands or Places in the West Indies the su[m]me of Ten shillings:-
Holland, &c.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from Holland or any the United Provinces or from the Netherlands or Flanders the su[m]me of Three shillings:-
Norway, &c.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from Norway Hamborough or the Balticke Sea or from any the Eastland Countries or from any other Ports or Places North of Holland the su[m]me of Five shillings.
Ireland, Scotland.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from Ireland or Scotland the su[m]me of Two shillings:-
Mediterranean.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from any Port or Place in the Mediterranean Sea (not otherwise charged in this Act) the su[m]me of Fifteene shillings:-
Guinea, Africa.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from the parts or coasts of Guinea or Africa without the Streights the su[m]me of Twenty shillings:-
Hudsons Bay.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from Hudsons Bay or any place within the limitts of that Companies Charter the su[m]me of Twenty [shilling:- (fn. 2) ]
Canaries.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from the Canaries Madera's or any the Westerne Islands the su[m]me of Ten shillings:-
Greenland, &c.
For every Tun of the burthen or contents of any Shipp or Vessell importing Goods Wares or Merchandizes from any Ports or Places in Greenland Muscovia or Russia the su[m]me of Ten shillings:-
Coasters.
For every Tun of the burthen or contents of any Shipp or Vessell used or imployed in the Coasting Trade from Port to Port in England Wales or Berwicke upon Tweede the su[m]me of Six pence:-
II. Tunnage paid upon Arrival at a Port.
Master, &c. of Ship importing or of Coaster, upon Arrival to pay the Tax or give Security.; Allowance on present Pay.; Landing, &c. before Duty paid, &c.; Ship forfeited, and Master, &c. liable to pay the Duties.
And be it further enacted by the authority aforesaid That the said severall rates dutyes and su[m]mes of money herein before mentioned and hereby imposed upon the Tunnage of Shipps or Vessells shall be accounted taken and paid according to the measure of such Shipps or Vessells which shall be made and taken by theire Majesties Officers in the respective Ports or Places where they shall arrive and that the Master or Owners or Freighters of all such Shipps or Vessells importing Goods inwards or carrying Goods Coastwise as aforesaid shall upon every arrivall of any such Shipps or Vessells att the Port or Place of theire discharge or unladeing in England or Wales or att the ( (fn. 2) ) Port of Berwicke upon Tweede cause and procure such Shipps or Vessells to be entered in the Customehouse of or belonging to such Port or Place and att the time of such entry and before any Goods or Merchandizes shall be unladen out of any such Shipps or Vessells shall either pay downe in ready money to theire Majesties Officers of the Customes in such Port or Place for the use of theire Majesties the said duties and su[m]mes of money due and payable for the Tunnage of all such Shipps or Vessells or else shall give good and sufficient securitye by Bond to theire Majesties with sureties to be approved by the said Officers of the Customes to pay the said duties and su[m]mes to theire Majesties use within the space of one month next after the cleareing of the Shipp; And where the duties shall be paid downe the Parties paying the same shall have an allowance by way of rebate or deducc[i]on out of the same after the rate of Ten pounds per Centum per Annu[m] for every hundred pounds which such duties soe paid downe shall amount unto And in case any Goods Wares or Merchandizes imported or carryed coast-wise as aforesaid shall be unshipped to be laid on land before the duties or su[m]mes of money before mentioned due or payable for the Tunnage of such Shipps or Vessells importing or carrying Goods coastwise as aforesaid shall be paid downe or secured as aforesaid That then every such Shipp or Vessell out of which any such Goods or Merchandizes shall be unladen before payment made or security given for the said duties together with the Gunns Tackle Ammunic[i]on and Apparell of the same shall be forfeited and lost one moiety of which forfeitures shall be to theire Majesties theire Heires and Successors and the other moiety to such person or persons as shall seize sue or informe for the same to be recovered in any of theire Majesties Courts of Record att Westminster by acc[i]on of debt bill plaint or informac[i]on wherein noe essoigne protecc[i]on or wager of Lawe shall be allowed. And over and besides the said forfeitures the Master Owners and Freighters of every such Shipp shall be lyable and chargeable to theire Majesties theire Heires and Successors for the said Duties of Tunnage which shall not be paid or secured as aforesaid:-
III. Tax upon Importer to be borne, Two Thirds by the Merchant and One Third by the Owner.
Owners of Coasters to pay the whole.
And be it further enacted by the authoritye aforesaid That the aforesaid respective Dutyes upon the Tunnage of Shipps or Vessells importing Goods or Merchandizes from parts beyond the Seas or from Scotland shall be paid and born by the Merchant-Freighters and by the Master and Owners of such Shipps or Vessells by way of average amongst themselves (that is to say) two third parts thereof shall be born by the Merchants and Freighters of such Shipps or Vessells in proporc[i]on according to theire respective Shares or Interests of or in the Freight and the other third parte to be born by the Masters or Owners of such Shipps or Vessells who are hereby required and enjoyned to beare and pay the same accordingly And the said Duty of Tunnage of Shipps or Vessells used in or imployed in the Coasting Trade from Port to Port as aforesaid shall be paid and born by the Master or Owners of such Shipps or Vessells:.
IV. Ships from Greenland only chargeable for Goods really imported.
Provided alwaies and be it enacted by the authority aforesaid That all Shipps belonging to the Company of Merchants of London tradeing to Greenland importing Oyle Blubber Whale Fins or any other Merchandize from thence shall pay ten shillings per Tun only for such Oyle Blubber Whale Fins and other Merchandize as shall be really and bona fide brought home in any of the said [Companies (fn. 4) ] Shipps and not be obliged to pay according to the measure of the shipping Any thing herein contained to the contrary notwithstanding
V. The like as to Ships from Newfoundland.
Provided alwaies and be it enacted by the authority aforesaid That all Shipps tradeing to Newfoundland importing Traine Oyle or any other Merchandize from thence shall pay Ten shillings per Tun only for such Traine Oyle or other Merchandize as shall be really and bona fide brought home and not be obliged to pay according to the measure of the shipping. Any thing herein conteined to the contrary notwithstanding:-
VI. In case of Peace, Ships from France, how charged.
Provided alwaies and be it further enacted That if a Peace shall be made and declared betweene their Majesties and the French King att any time dureing the continuance of the Duty charged by this Act upon the Tunnage of Shipps and Vessells then and in such case all Shipps and Vessells importing any Goods or Merchandize from any of the French Kings Territories in Europe without the Streights shall pay the like Duty of Tunnage as any Shipps or Vessells importing Goods from Portugall are charged with by this Act over and above all other Dutyes payable for such Shipps and Vessells:-
VII. Proviso for Lime, Sand, &c. from Port to Port.
Provided alwaies and be it enacted by the authority aforesaid That this Act nor any thing therein conteined shall not extend to charge or lay any Duty upon any Barge employed in carrying Sand Lime or Slate stone from Port to Port within the Kingdome of England and Dominion of Wales for or in respect of any such ladeing only; Any thing herein before contained to the contrary in any wise notwithstanding:-
VIII. Ships how measured.
What the true Contents of Tonnage.
And be it further enacted and declared That all Shipps and Vessells importing Goods and Merchandize from Foreign parts as well as all Coasting Vessells liable to the payment of the Dutyes of Tunnage by this Act imposed shall be gauged and measured according to the rule printed with the Booke of Rates published in the yeare One thousand six hundred seaventy one (that is to say) every single deck'd Shipp or Vessell shall be measured by the length of the Keele taken within board (soe much as she treads upon the Ground) and the breadth to be taken within board by the Midshipp Beame from Planke to Planke and the depth of the Hold from the Planke belowe the Kelsey to the under parte of the Decke Planke; And for a Two-Deckt Shipp (which carryes Goods betweene Decks) the depth of her Hold to be taken from the Plank belowe the Kelsey to the under parte of the Upper Deck Plank and the length and breadth as before then multiply the length by the breadth and the Product thereof by the depth and divide the wholl by Ninety four and the Quotient will give the true contents of the Tunnage according to which method and rule all Shipps and Vessells shall be measured and the severall Duties of Tonnage thereby be computed and collected accordingly any Custome Practice or Usage to the contrary notwithstanding:-
IX. Reciting 2 W. & M. Sess. 2. c. 10.
3 & 4 W. & M.; Excise Duty upon Beer, Ale, &c.
And whereas by an Act of Parliament made in the Second yeare of theire Majesties Raigne entituled An Act for granting to theire Majesties severall additionall duties upon Beere Ale and other Liquors for Four yeares from the time that an Act for doubling the duty of Excise upon Beere Ale and other Liquors dureing the space of One yeare doth expire it was enacted That from and after the Seaventeenth day of November in the yeare of our Lord One thousand six hundred ninety and one there should be throughout theire Majesties Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede raised levied collected and paid unto theire Majesties theire Heires and Successors dureing the space and terme of Four yeares and noe longer for Beere Ale Cyder and other Liquors therein mentioned by way of Excise over and above all other Dutyes Charges and Imposic[i]ons by any former Act or Acts which should be then unexpired set and imposed in such manner as therein is mentioned which Rates and Duties aforesaid by Act of Parliament made in the Third and Fourth yeares of theire now Majesties Raigne are continued untill the seaventeenth day of May One thousand six hundred and ninety seaven:- Be it further enacted That for the further encouragement of such persons who shall voluntarily contribute towards the raiseing and paying into theire Majesties Exchequer any su[m]e or su[m]mes not exceedeing in the whole the sume of Fifteene hundred thousand pounds upon the severall termes and recompenses herein after menc[i]oned that from and after the seaventeenth day of May which shall be in the yeare of our Lord One thousand six hundred ninety and seaven there shall be throughout theire Majesties Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede raised levyed collected and paid unto theire Majesties theire Heires and Successors for Beere Ale Cyder and other Liquors herein after expressed by way of Excise over and above all Dutyes Charges and Imposic[i]ons by any former Act or Acts then unexpired sett and imposed one moiety or halfe parte of the severall Rates and Duties of Excise granted by the said last mentioned Act in manner and forme followeing (that is to say):-
Beer, &c. above 6s., 9d.
For every Barrell of Beere or Ale above Six shillings the Barrell exclusive of the Duty of Excise brewed by the Co[m]mon Brewer or any other person or persons who doth or shall sell or tapp out Beere or Ale publickly or privately to be paid by the Co[m]mon Brewer or by such other person or persons respectively and soe proportionably for a greater or lesser quantity over and above the Dutyes payable for the same Nine pence:-
Beer, &c. 6s. or under, 3d.
For every Barrell of Beere or Ale of Six shillings the Barrell or under brewed by the Co[m]mon Brewer or any other person or persons who shall sell or tapp out Beere or Ale publickly or privately to be paid by the Co[m]mon Brewer or such other person or persons respectively as aforesaid and soe proportionably for a greater or lesser quantity over and above the Dutyes payable for the same Three pence:-
Vinegar 1s. 6d. English.
For every Barrell of Vinegar or Vinegar Beere brewed or made of any English Materialls by any Co[m]mon Brewer or any other person for sale to be paid by the Maker thereof and soe proportionably for a greater or lesser quantity over and above the Dutyes of Excise payable for the same One shilling six pence:-
Vinegar, Foreign, 4s.
For every Barrell of Vinegar or Liquor prepared for Vinegar made here for sale that hath run through Rape or made with or passeing through any Foreign materialls or any mixture with Foreign materialls to be paid by the maker thereof and soe proportionably for a greater or lesser quantity Four shillings:-
Beer, Mum, &c. imported, 3s.
For every Barrell of Beere Ale or Mum imported from beyond the Seas or from the Islands of Guernsey or Jersey and soe proportionably for a greater or lesser quantity to be paid by the Importers before landing over and above the Dutyes payable for the same Three shillings:-
Cyder, &c. imported, per Ton, £4.
For every Tun of Cyder or Perry imported from beyond the Seas and soe proportionably for a greater or lesser quantity to be paid by the Importers before landing over and above the Dutyes payable for the same Four Pounds:-
Brandy Single, per Gallon, 6d.
For every Gallon of Single Brandy Spiritts or Aqua-Vite imported from beyond the Seas to be paid by the [Importers (fn. 5) ] before landing over and above the Dutyes payable for the same Six pence:-
Brandy Double, 1s.
For every Gallon of Brandy Spiritts or Aqua-Vite above proofe co[m]monly called Double Brandy imported from beyond the Seas to be paid by the Importer before landing over and above the Dutyes payable for the same One shilling:-
Cyder retailed, per Hogshead, 1s. 3d.
For all Cyder and Perry made and sold by retaile upon every Hogshead to be paid by the Retailer thereof over and above the Dutyes payable for the same (and soe proportionably for a greater or lesser measure One shilling Three pence:-
Mead, &c. per Gallon, 3d.
For all Metheglin or Meade made for sale whether by retaile or otherwise to be paid by the Maker for every Gallon Three pence:-
X. How to be levied,
as by 12 Car. II. c. 24.; c. 23.; 15 Car. II. c. II.
And be it enacted by the Authority aforesaid That the said severall Rates Dutyes and Impositions upon Beere Ale Cyder and other Liquors aforesaid be levyed collected and paid unto theire Majesties theire Heires and Successors in the same manner and forme and by such rules wayes and meanes and under such Penalties and Forfeitures as are mentioned in the Act made in the Twelveth yeare of the Raigne of King Charles the Second entituled An Act for takeing away the Court of Wards and Liveryes and Tenures in Capite and by Knights service and purveyance and for settleing a Revenue upon his Majestie in lieu thereof and alsoe in and by another Act made in the Twelfth yeare of the Raigne of the said [late (fn. 6) ] King Charles the Second entituled A Grant of certaine Impositions upon Beere Ale and other Liquors for the increase of his Majesties Revenue dureing his Life and alsoe in and by another Act made in the Fifteenth yeare of the Raigne of the said late King Charles the Second entituled An additc[i]onall Act for the better ordering and collecting of the Duty of Excise and P[re]venting the Abuses therein. Or by any other Lawe in force relateing to the said Revenue of Excise and that the aforesaid Acts and every Article Rule and Clause therein menc[i]oned as for and concerneing only the Rates Duties and Imposic[i]ons upon Beere Ale and other Liquors by this Act granted shall be of full Force and Effecte to all Intents and Purposes in like manner as if the same were att large and particularly recited and sett downe in the body of this Act:-
XI. Commissioners of Excise and Customs to keep these Duties apart,
and to pay the Money into the Exchequer weekly.
And be it further enacted by the Authority aforesaid That the Comissioners and Governors for management and receipt of the Excise and the Comissioners and other Officers of the Customes respectively att the Head Office in London for the time being shall seperate and keepe aparte all and every the moneys ariseing by the severall Rates and Duties by this ( (fn. 7) ) granted as the same shall from time to time arise or be paid into the said Office of Excise or unto the Receiver Generall of the Customes for the time being respectively by the Receivers or Collectors of the same or by any other person whatsoever and the Comptroller of the Excise and the Comptroller of the Customes for the time being or theire respective Deputies shall keepe a perfect and distinct account in Books fairely written of all the Rates and Duties ariseing by this Act to which all persons shall have free accesse att all seasonable times without Fee or Charge and the said Comissioners and Governors of Excise and the said Comissioners of the Customes for the time being are hereby required and stricktly enjoyned from time to time to pay weekely (videlicet) on Wednesday in every weeke if it be not a Holyday and if it be then the next day after that is not a Holyday all and every the moneys ariseing by the Rates and Duties hereby granted into the Receipte of theire Majesties Exchequer distinct and aparte from the other moneys which the said Comissioners and Governors respectively shall receive for the use of theire Majesties theire Heires and Successors:-
XII. A weekly Account kept in the Exchequer.
And be it further enacted by the Authority aforesaid That there shall be provided and kepte in theire Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipt one Booke in which all the said weekely moneys which shall be paid into the Exchequer as aforesaid shall be entered aparte and distinct from all other moneyes paid and payable to theire Majesties theire Heires and Successors upon any account whatsoever:-
XIII. Commissioner neglecting or misapplying Monies.
Loss of Office.; Incapacity.; Penalty.
And be it further enacted That if the said Comissioners and Governors respectively for the time being shall refuse or neglect to pay into the Exchequer all or any the said weekely su[m]mes appointed to be paid as aforesaid in such manner as they are before by this Act required to doe or shall divert or misapply any parte of the same or if such Comptroller shall neglect his duty in keepeing such Accompts as aforesaid then he or they for any such Offence shall forfeite theire respective Offices or Places and be incapable of any Office or Place of Trust whatsoever and such Comissioner or Comissioners in such case offending shall be liable to pay the full value of any su[m]me or su[m]mes soe diverted or misapplyed to any person or persons who will sue for the same by any Acc[i]on of Debte Bill Plaint or Informac[i]on in any of theire Majesties Courts of Record att Westminster wherein noe Essoign Protecc[i]on Wager of Lawe Priviledge of Parliament or other Priviledge or more then one Imparlance shall be granted or allowed:-
XIV. Their Majesties may order Salaries, &c. out of the Duties.
Provided alwaies and be it enacted That it shall and may be lawfull to and for theire Majesties theire Heires and Successors out of the said Dutyes ariseing by the Tunnage of Shipps and Vessells to cause such su[m]me and su[m]mes of money to be expended and paid from time to time for Sallaries or other incident Charges as shall be necessary in and for the receiveing collecting levying or manageing of the same Duties upon the Tunnage of Shipps and Vessells dureing the said terme herein by this Act granted Any thing in this Act conteined to the contrary notwithstanding:-
XV. Excise Office and Comptroller continued in London.
And be it further enacted by the Authority aforesaid That the Head Office of Excise which is now established within the City of London shall be continued and be within the said City or Ten Miles thereof for ever and a sufficient number of Co[m]missioners therein from time to time shall be continued or appointed by theire Majesties their Heires and Successors to governe and manage the Receipte of Excise and to performe and execute the severall matters and things hereby enjoyned to be done and executed by such Co[m]missioners and that in like manner there shall be continued and be within the said City or Ten Miles thereof for ever by the appointement of theire Majesties theire Heires and Successors a Comptroller of Excise to keepe the Accompts before mentioned:-
XVI. £140,000 to be a yearly Fund.
The rest of the Revenue charged if Duties fall short.; Treasury to cause Deficiency to be made good.
And be it further enacted by the Authority aforesaid That yearely and every yeare reckoning the first yeare to begin from the first day of June which shall be in the yeare of our Lord One thousand six hundred ninety and four the full su[m]me of One hundred and forty thousand pounds by or out of the moneyes to arise by the said severall Dutyes upon the Tunnage of Shipps and Vessells and by the said Rates and Dutyes of Excise hereby granted or any of them and to be brought into the Receipte of the Exchequer by weekely payments as aforesaid (in case the said weekely payments shall extend thereunto) shall be the whole and entire yearely Fund and in case the said weekely payments shall not amount to One hundred and forty thousand pounds per Annu[m] then the said weekely moneyes or payments soe farr as the same will extend shall be parte of the yearely Fond for and towards the answering and paying of the severall and respective Annuities herein after menc[i]oned and for other the purposes hereafter in this Act expressed and in case the said Dutyes upon the Tunnage of Shipps and Vessells and the said Rates and Dutyes of Excise by this Act granted or any of them shall att any time or times appeare to be soe [lowe or deficient (fn. 8) ] in the produce of the same as that within one yeare to be reckoned as aforesaid the weekely payments upon the same Rates or Dutyes or any of them shall not amount to soe much as One hundred and forty thousand pounds or to soe much as shall be sufficient to discharge and satisfie the said severall and respective Annuityes and other Benefitts or Advantages by this Act appointed or intended to be paid within or for the same yeare respectively that then and soe often and in every such case the Comissioners of theire Majesties Treasury and the Under Treasurer of the Exchequer [now being & the Treasurer and Under Treasurer of the Exchequer (fn. 9) ] or Comissioners of [the (fn. 9) ] Treasury for the time being are hereby straitly enjoyned and required by virtue of this Act and without any further or other Warrant to be sued for had or obteined from theire Majesties theire Heires or Successors in this behalfe to cause every such deficiency to be made good by applying issueing or paying soe much of any Treasure or Revenue belonging or to belong to theire Majesties theire Heires or Successors (not being appropriated to any particular use or uses by any Act or Acts of Parliament) towards the dischargeing or paying off the said Annuities or other Benefitts or Advantages appointed to be paid by this Act as together with the moneyes which shall have beene brought into the said Receipte of or for the said severall Rates or Duties hereby granted shall be sufficient to pay off and discharge ( (fn. 10) ) all the moneyes which within the same yeare respectively shall be growen due or ought to be paid upon the said Annuities or other Benefitts or Advantages according to the true intent and meaneing of this present Act:-
XVII. The £140,000 to be kept apart in the Exchequer.
And be it further enacted by the Authority aforesaid That for the better raiseing and paying into the Receipte of the Exchequer the su[m]me of Twelve hundred thousand pounds parte of the su[m]me of Fifteene hundred thousand pounds the yearely sume of One hundred and forty thousand pounds ariseing by and out of the Duties and Imposic[i]ons granted by this Act shall be kepte separate and aparte in the said Receipte of Exchequer to be paid over from time to time unto such person and persons and in such manner proporc[i]on and forme as is herein after directed:-
XVIII. Their Majesties may make Commissioners to take Subscriptions for £1,200,000.
Yearly Sum of £100,000 annually appropriated to the Subscribers.; Auditor of the Exchequer to set apart Five Seventh Parts of the Weekly Payments for the Subscribers.
And be it further enacted by the authority aforesaid That it shall and may be lawfull to and for theire Majesties by co[m]mission under the Greate Seale of England to authorize and appointe any number of persons to take and receive all such voluntary subscripc[i]ons as shall be made on or before the first day of August which shall be in the yeare of our Lord One thousand six hundred ninety four by any person or persons Natives or Foreigners Bodies Politicke or Corporate for and towards the raiseing and paying into the Receipte of Exchequer the said su[m]me of Twelve hundred thousand pounds parte of the su[m]me of Fifteene hundred thousand pounds and that the yearely su[m]me of One hundred thousand pounds parte of the said yearely su[m]me of One hundred and forty thousand pounds ariseing by and out of the said Duties and Imposic[i]ons before menc[i]oned shall be applyed issued and directed and is hereby appropriated to the use and advantage of such person and persons Bodies Politicke and Corporate as shall make such voluntary subscripc[i]ons and payments theire Heires Successors [and (fn. 11) ] Assignes in the proporc[i]on hereafter menc[i]oned (that is to say) that each weekely or other payment ariseing by and out of the Duties and Imposic[i]ons granted by this Act shall by the Auditor of the Receipte of Exchequer from time to time as the same shall be paid in be seperated and divided into Five seaventh parts and Two seventh parts which is according to the proporc[i]on of the said yearely su[m]me of One hundred thousand pounds to the said yearely su[m]me of One hundred and forty thousand pounds which Five seventh parts of the said severall payments ariseing by and out of the Duties and Imposic[i]ons granted by this Act and soe sett apart is and are hereby intended and appropriated for and towards the payment and satisfacc[i]on of the said yearely su[m]me of One hundred thousand pounds and shall from time to time be issued and paid as the same shall come into the said Receipte of Exchequer to the uses and advantages of such Subscribers and Contributors theire Heires Successors or Assignes as shall subscribe and contribute for and towards the raiseing and paying into the ( (fn. 12) ) Receipte of Exchequer the su[m]me of Twelve hundred thousand pounds parte of the said su[m]me of Fifteene hundred thousand pounds:-
XIX. Their Majesties may appoint Rules for transferring;
and may make the Subscribers a Corporation,; subject to Redemption.
And be it further enacted That it shall and may be lawfull to and for theire Majesties by Letters Patents under the Greate Seale of England to limitt directe and appointe how and in what manner and proporc[i]ons and under what rules and direcc[i]ons the said su[m]me of Twelve hundred thousand pounds parte of the said su[m]me of Fifteene hundred thousand pounds and the said yearely su[m]me of One hundred thousand pounds parte of the said yearely su[m]me of One hundred and forty thousand pounds and every or any parte or proporc[i]on thereof may be assigneable or transferrable assigned or transferred to such person or persons only as shall freely and voluntarily accepte of the same and not otherwise and to incorporate all and every such Subscribers and Contributors theire Heires Successors or Assignes to be one Body Corporate and Politick by the name of The Governor and Company of the Banke of England and by the same name of The Governor and Company of the Banke of England to have perpetuall succession and a Co[m]mon Seale and that they and theire Successors by the name aforesaid shall be able and capable in Lawe to have purchase receive possesse enjoye and retaine to them and theire Successors Lands Rents Tenements and Hereditaments of what kinde nature or quality soever And alsoe to sell grant demise alien or dispose of the same And by the same name to sue and implead and be sued and impleaded answere and be answered in Courts of Record or any other place whatsoever and to doe and execute all and singuler other matters and things by the name aforesaid that to them shall or may appertaine to doe subjecte neverthelesse to the proviso and condic[i]on of Redempc[i]on herein after menconed:-
XX. Proportionable Part of the Fund upon Part of the Sum advanced.
The £100,000 annual redeemable after 1705, upon a Year's Notice, and Corporation to cease.
Provided alwaies and it is hereby further enacted That in case the whole su[m]me of Twelve hundred thousand pounds parte of the said su[m]me of Fifteen hundred thousand pounds shall not be advanced and paid into the Receipte of Exchequer before the First day of January which shall be in the yeare of our Lord One thousand six hundred ninety four That then the Subscribers and Contributors for and towards the raiseing and paying of the said su[m]me of Twelve hundred thousand pounds parte of the said su[m]me of Fifteene hundred thousand pounds theire Heires Successors and Assignes shall only have and receive soe much and such parte and proporc[i]on to the said su[m]me and su[m]mes soe respectively paid and advanced as shall be after the rate of Eight pounds per Centum per Annu[m] And that att any time upon Twelve months notice after the First day of August which shall be in the yeare of our Lord One thousand seven hundred and five upon repayment by Parliament of the said su[m]me of Twelve hundred thousand pounds parte of the said su[m]me of Fifteene hundred thousand pounds or such parte thereof as shall be paid and advanced as aforesaid unto the respective Subscribers and Contributors of the said su[m]me of Twelve hundred thousand pounds parte of the said su[m]me of Fifteene hundred thousand pounds or such parte thereof as shall be paid and advanced theire Heires Successors [and (fn. 13) ] Assignes and of all the arreares of the said yearely payments of One hundred thousand pounds parte of the said yearely payments of One hundred and forty thousand pounds or such proporc[i]onable parte thereof according to the su[m]me which shall be paid and advanced as aforesaid then and from thenceforward the said yearely payments and every of them of One hundred thousand pounds parte of the said yearely payments of One hundred and forty thousand pounds or such proporc[i]onable parte as aforesaid and every parte thereof and the said Corporac[i]on shall absolutely cease and determine, any thing herein conteined in any wise to the contrary notwithstanding:-
XXI. Officers of the Exchequer required to pay as before,
without Fee.
And for the better and more speedy payment of the said yearely su[m]me of One hundred thousand pounds parte of the said yearely su[m]me of One hundred and forty thousand pounds in the proporc[i]ons herein before menc[i]oned and appointed the Co[m]missioners of theire Majesties Treasury and the Under-Treasurer of the Exchequer now being and the Lord High Treasurer and Under-Treasurer or Co[m]missioners of the Treasury for the time being are hereby strictly enjoyned and required by virtue of this Act and without any further or other Warrant to be sued for had or obteined from theire Majesties theire Heires or Successors to direct theire Warrants yearely for the payment of the said yearely su[m]mes of One hundred thousand pounds to the Contributors of the said su[m]me of Twelve hundred thousand pounds in the manner and proporc[i]ons as is herein before directed and appointed; and the Auditor of the Receipte of Exchequer and all other Officers of the Exchequer now and for the time being are hereby directed and enjoyned to issue the said moneyes soe sett aparte for the uses before menc[i]oned from time to time without any fee or reward in the manner and proporc[i]ons before menc[i]oned and under the like penalties forfeitures and disabilities as are hereafter inflicted upon any Officer for diverting any money appropriated or applyed by this Act:-
XXII. None shall subscribe more than £20,000.
One Fourth Part to be paid at the Time of the Subscription.; Residue not paid before January, the One Fourth Part forfeited.
Provided alwaies and be it further enacted by the authority aforesaid That noe person or persons Bodyes Politicke or Corporate shall by themselves or any other person or persons in trust for him or them subscribe or cause to be subscribed for and towards the raiseing and paying the said su[m]me of Twelve hundred thousand pounds any su[m]me or su[m]mes of money exceedeing the su[m]me of Twenty thousand pounds and that every such Subscriber shall att the time of such subscripc[i]on pay or cause to be paid unto the Co[m]missioners who shall be authorized and appointed for takeing and receiveing subscripc[i]ons as aforesaid one full forth parte of his or theire respective subscripc[i]ons and in defaulte of such payments as aforesaid every such subscripc[i]on shall be utterly void and null And that the residue of the said subscripc[i]ons shall be paid into the Receipte of theire Majesties Exchequer as theire Majesties shall directe before the said First day of January next And in defaulte of such payments that then the fourth parte first paid as aforesaid shall be forfeited to and for the benefitt of theire Majesties theire Heires and Successors:-
XXIII. No Person before 1st July next to subscribe more than £10,000.
[Provided alsoe and be it enacted That it shall not be lawfull to or for any person or persons Natives or Foreigners Bodyes Corporate or Politicke att any time or times before the First day of July next ensueing to subscribe in his her or theire owne name or names or in any other name or names in trust for him her or them for and towards the raiseing and paying into the Receipte of the Exchequer the said su[m]me of Twelve hundred thousand pounds parte of the said su[m]me of Fifteene hundred thousand pounds any su[m]me or su[m]mes exceedeing in the whole the su[m]me of Tenne thousand pounds; any thing in this Act conteined to the contrary in any wise notwithstanding:- (fn. 14) ]
XXIV. Not to be a Corporation except a Moiety be advanced before 1st August.
Subscribers, how they may transfer over, if Moiety not advanced.; Proportionable Part to be a Fund only for securing Money paid under this Act.
Provided alwaies and be it declared and enacted to be the true intent and meaneing of this Act that in case the whole su[m]me of Twelve hundred thousand pounds or a moiety thereof be not subscribed on or before the First day of August One thousand six hundred ninety four as aforesaid that then the powers and authorities in this Act for erecting a Corporac[i]on as aforesaid shall cease and determine any thing herein conteined to the contrary notwithstanding. And in such case soe much of the said yearely su[m]me of One hundred thousand pounds as shall belong to the said Subscribers according to the meaneing of this Act shall be transferrable and may be from time to time transferred by the respective persons soe subscribing advanceing and paying any parte of the said Twelve hundred thousand pounds into the Exchequer or theire respective Heires Successors or Assignes to any person or persons whatsoever by any writeing or writeings under the hand and seale of the person or persons transferring the same attested by two or more credible Witnesses and entered within Twenty dayes after the sealeing thereof in a Booke or Bookes to be for that purpose kepte in the said Exchequer by theire Majesties Remembrancer for the time being (for the entering whereof nothing shall be paid) which entries the said Remembrancer is from time to time upon request directed to make; and such parte of the said yearely su[m]me of One hundred thousand pounds as shall by this Act be due to the said Subscribers shall not att any time or times hereafter be made use, of or be a fond or security for or lyable or applyed to raise pay or secure any more further or other su[m]me or su[m]mes of money whatsoever save only such money as shall in pursuance of and according to the intent of this Act be advanced and paid into their Majesties Exchequer within the time by this Act limited for the same:-
XXV. Corporation shall not borrow above £1,200,000, except upon Parliament Funds.
If Corporation, borrow more, particular Members are proportionably charged.; Debt lies against particular Members.; Covenants to the contrary void.
And it is hereby further enacted by the authority aforesaid That the said Corporac[i]on soe to be made shall not borrowe or give security by Bill Bond Covenant or Agreement under theire Co[m]mon Seale for any more further or other su[m]me or su[m]mes of money exceedeing in the whole the su[m]me of Twelve hundred thousand pounds soe that they shall not owe at any one time more then the said su[m]me unlesse it be by Act of Parliament upon Fonds agreed in Parliament; and in such case only such further su[m]mes as shall be soe directed and allowed to be borrowed by Parliament and for such time only untill they shall be repaid such further su[m]mes as they shall borrowe by such authority and if any more or further or other su[m]me or su[m]mes of money shall be borrowed taken up lent or advanced under theire Co[m]mon Seale or for payment of which any Bond Bill Covenant or Agreement or other Writeing shall be made sealed or given under the Co[m]mon Seale of the said Corporac[i]on soe to be made then and in such case all and every person and persons who shall be a member or members of the said Corporac[i]on his and theire respective Heires Executors and Administrators shall in his and theire respective private and personall capacities be chargeable with and lyable in proporc[i]on to theire severall Shares or Subscripc[i]ons to the repayment of such moneyes which shall be soe borrowed taken up or lent with Interest for the same in such manner as if such Security had beene a security for payment of soe much money and Interest for the same sealed by such respective member or members of the said Corporac[i]on and delivered by him or them as theire respective Acts and Deedes in proporc[i]on to theire severall Shares or Subscripc[i]ons as aforesaid and that in every such case an Acc[i]on of Debt shall and may be brought comenced prosecuted and mainetained in any of theire Majesties Courts of Record att Westminster by the respective Creditor or Creditors to whom any such Security under the Co[m]mon Seale of the said Corporac[i]on shall be [made (fn. 15) ] or his or theire respective Executors or Administrators against all and every or any one or more of the persons who shall be members of the said Corporac[i]on or any of theire respective Heires Executors or Administrators in proporc[i]on to theire respective Shares or Subscripc[i]ons as aforesaid and therein recover and have judgment for him or them in such and the like manner as if such security were respectively sealed by the respective person or persons who shall be soe sued or his or theire respective Ancestor or Testator or Intestate and by him and them executed and delivered as his or theire respective Acts and Deedes any condic[i]on covenant or agreement to be made to the contrary thereof in any wise notwithstanding. And if any condic[i]on covenant or agreement shall be made to the contrary the same shall be and is hereby declared to be void any thing herein conteined or any Lawe or Usage to the contrary notwithstanding and in such Acc[i]on or Acc[i]ons soe to be brought noe Priviledge Protecc[i]on Essoign or Wager of Lawe nor any more then one Imparlance shall be allowed:-
XXVI. Corporation not to trade.
Punishment.
And to the intent that theire Majesties Subjects may not be oppressed by the said Corporac[i]on by theire monopolizing or ingrosseing any sort of Goods Wares or Merchandizes Be it further Declared and Enacted by the authority aforesaid That the said Corporac[i]on to be made and created by this Act shall not att any time dureing the continuance thereof deale or trade or permitt or suffer any person or persons whatsoever either in trust or for the benefitt of the same to deale or trade with any of the Stock-moneyes or Effects of or any [wise (fn. 16) ] belonging to the said Corporac[i]on in the buying or selling of any Goods Wares or Merchandizes whatsoever and every person or persons who shall soe deale or trade or by whose order or direcc[i]ons such Dealeings or Tradeing shall be made prosecuted or managed shall forfeite for every such Dealeing or Tradeing and every such order and direcc[i]ons treble the value of the Goods and Merchandize soe traded for to such person or persons who shall sue for the same by Acc[i]on of Debt Bill Plaint or Informac[i]on in any of theire Majesties Courts of Record at Westminster wherein noe Essoigne Protecc[i]on nor other Priviledge whatsoever nor any Injuncc[i]on Order of restrainte nor Wager of Lawe shall be allowed nor any more then one Imparlance:-
XXVII. In what Things they may nevertheless deal.
Provided that nothing herein conteined shall any wayes be construed to hinder the said Corporac[i]on from dealeing in Bills of Exchange or in buying or selling Bullion Gold or Silver or in selling any goods wares or merchandize whatsoever which shall [be (fn. 17) ] really and bona fide be left or deposited with the said Corporac[i]on for money lent and advanced thereon and which shall not be redeemed att the time agreed on or within three moneths after or from selling such goods as shall or may be the produce of Lands purchased by the said Corporac[i]on:-
XXVIII. The Bills of the Corporation assignable.
Assignee may sue.
[Provided alwaies and be it enacted by the authority aforesaid That all and every Bill or Bills obligatory and of creditt under the Seale of the said Corporac[i]on made or given to any person or persons shall and may by Indorsement thereon under the hand of such person or persons be assigneable and assigned to any person or persons who shall voluntarily accepte the same and soe by such Assignee toties quoties by indorsement thereupon and that such Assignement and Assignements soe to be made shall absolutely vest and transferre the Right and Property in and unto such Bill or Bills Obligatory and of Creditt and the moneyes due upon the same and that the Assignee or Assignees shall and may sue for and mainetaine an acc[i]on thereupon in his owne name:- (fn. 18) ]
XXIX. Corporation purchasing Crown Lands, or lending Money upon Funds not having Loan of Credit;
Penalty.
Provided alwaies and it is hereby further enacted That if the Governor Deputy Governor the Directors Managers Assistants or other Members of the said Corporac[i]on soe to be established shall upon the account of the said Corporac[i]on att ( (fn. 19) ) time or times purchase any Lands or Revenues belonging to the Crowne or advance or lend to theire Majesties theire Heires or Successors any su[m]me or su[m]mes of money by way of Loan or Anticipac[i]on on any parte or parts branch or branches fond or fonds of the Revenues now granted or belonging or hereafter to be granted or belonging to theire Majesties theire Heires or Successors other then ( (fn. 20) ) such fond or fonds parte or parts branch or branches of the said Revenues only on which a creditt of Loan is or shall be granted by Parliament that then the said Governor Deputy Governor Directors Managers or Assistants or other Members of the said Corporac[i]on who shall consent agree to or approve of the advanceing or lending to theire Majesties theire Heires or Successors such su[m]me or su[m]mes of money as aforesaid and each and every of them soe agreeing consenting or approveing and being thereof lawfully convicted shall for every such offence forfeite treble the value of every such su[m]me or su[m]mes of money soe lent whereof one fifth parte shall be to the Informer to be recovered in any of theire Majesties Courts of Record att Westminster by acc[i]on of Debt Bill Plainte or Informac[i]on wherein noe Protecc[i]on Wager of Lawe Essoign Priviledge of Parliament or other Priviledge shall be allowed nor any more then one Imparlance and the residue ( (fn. 21) ) towards publicke uses as shall be directed by Parliament and not otherwise:-
XXX. Fines upon the Corporation not pardoned by Letters of Signet, &c. and may be detained out of the annual Fund.
Provided alwaies and be it enacted That all Amerciaments Fynes and Issues against the said Corporac[i]on and theire Successors had charged or estreated in or upon account of any [suites (fn. 22) ] or acc[i]on to be prosecuted or brought against them shall not be pardoned acquitted or discharged by any Letters of Signet Privye Seale or Greate Seale of theire Majesties theire Heires or Successors or otherwise howsoever and in case any such Amerciaments Fynes or Issues shall be estreated into theire Majesties Exchequer against the said Corporac[i]on upon any Processe for nonappeareance att the suite of any person or persons that then it shall and may be lawfull to and for the Officers of theire Majesties Exchequer for the time being who are hereby directed to pay the said yearely su[m]me of One hundred thousand pounds to the said Corporac[i]on to detaine soe much money as the said Amerciaments Fynes or Issues shall amount unto out of the said yearely su[m]me of One hundred thousand pounds payable to the said Corporac[i]on:-
XXXI. Exchequer Officers may pay off Judgments against the Corporation.
Receipt of Plaintiff a Discharge.
And be it further enacted That if att any time hereafter any person or persons shall obtaine any Judgment or Judgements in any Court of Lawe againste the said Corporac[i]on for any Debte or su[m]me of money and shall bring execuc[i]on or execuc[i]ons thereupon unto the said Officers of theire Majesties Exchequer that then it shall and may be lawfull to and for the said Officers of the said Exchequer to pay and they are hereby required to pay the said su[m]me or su[m]mes of money in the said execuc[i]ons menc[i]oned to the Plaintiffe or Plaintiffes therein named or theire Assignes whose Receipte shall be a sufficient discharge for the same; and that the said Officers of the [said (fn. 23) ] Exchequer shall and may detaine soe much of the said yearely su[m]me of One hundred thousand pounds as the said Debt or Debts shall amount unto:-
XXXII. Recital of 5 & 6 W. III. c.7.
Members of Parliament may be concerned in the Corporation.
And whereas by an Act of this p[re]sent Session of Parliament entituled An Act for granting to theire Majesties certaine Rates and Dutyes upon Salt and upon Beere Ale and other Liquors for secureing certaine recompences and advantages in the said Act menc[i]oned to such persons as shall voluntarily advance the su[m]me of Tenne hundred thousand pounds towards carrying on the Warr againste France Itt is enacted That noe Member of the House of Co[m]mons shall att any time be concerned in the farmeing collecting or manageing any su[m]me or su[m]mes of money Duties or other Aids by the said Act or any other Act of Parliament granted or to be granted to theire Majesties excepte the persons in the said Act excepted; and whereas some Doubts may arise whether any Member or Members of Parliament may be concerned in the Corporac[i]on to be erected in pursuance of this Act Be it therefore declared and enacted by the authority aforesaid That it shall and may be lawfull to and for any Member or Members of the House of Co[m]mons to be a Member or Members of the said Corporac[i]on for the purposes in this Act menc[i]oned any thing in the said recited Act conteined to the contrary in any wise notwithstanding:-
XXXIII. Persons may contribute towards the raising £300,000, for which they shall receive yearly su[m]ms for One, Two, or Three Lives.
Tallies how levied.; 4 & 5 W. & M. c. 3. § 8.; Order irrevocable and transferrable.; Duties appropriated to the Payment.; Officer, &c. misapplying.; How Penalties sued for.; Register to be kept of Contributors and Nominees.; Penalty on Officer not executing Act.; Interest at £10 per Cent. till 29th September.
And be it further enacted by the authority aforesaid That it shall and may be lawfull for any persons Natives or Forreigners to contribute towards the advanceing of the su[m]me of Three hundred thousand pounds other parte of the said su[m]me of Fifteene hundred thousand pounds by paying into the Receipte of theire Majesties Exchequer att any time before the nine and twentieth day of September One thousand six hundred ninety and four any su[m]me or su[m]mes of money not exceedeing in the whole the su[m]me of Three hundred thousand pounds upon the termes following (that is to say) that every such person his Executors Administrators or Assignes out of the Rates and Dutyes granted by this Act shall have and receive for every su[m]me of One hundred pounds soe by them respectively advanced and paid such yearely Annuity Rent or Payment as herein after is directed (that is to say) That if such Contributor shall advance and pay his money upon one life only then he shall have and receive a yearely Annuity Rent or Payment of Fourteene pounds of lawfull English money for every Hundred pounds and soe proporc[i]onably for a greater su[m]me for and dureing the life of such person soe advanceing and paying the same or dureing any other Life to be nominated by the person advanceing or paying any such su[m]me; and in case [any (fn. 24) ] Contributor shall thinke fitt upon payment of his money to have an Annuity for two lives then he shall have an yearely Annuity Rent or payment of Twelve pounds of lawfull English money for every One hundred pounds and soe proporc[i]onably for a greater su[m]me advanced for and dureing two lives and the life of the Survivor of them to be nominated as aforesaid; and in case such Contributor shall thinke fitt upon payment of his money to have an Annuity for Three lives then he shall have and receive a yearely Annuity Rent or Payment of Tenne pounds of lawfull English money for every hundred pounds soe by him advanced and paid or after that rate for and dureing the terme of three lives and the life of the Survivor of them to be nominated by the person or persons soe paying the same as aforesaid that all and every the said lives shall be named by the severall Contributors theire Executors or Administrators or such as shall be employed by them to pay in the said su[m]mes within Thirty dayes after the Nine and twentieth day of September One thousand six hundred ninety and four which yearely Annuities Rents or Payments shall co[m]mence from the said Nine and twentieth day of September and shall be paid and payable quarterly att the four most usuall Feasts of the yeare (that is to say) the Feast of the Nativity of our Lord Christ the Feaste of the Annunciac[i]on of the Blessed Virgin Mary the Feaste of [the Nativity (fn. 25) ] of St John Baptist and the Feaste of St Michaell the Arch-angell by even and equal porc[i]ons And every person on payment of any such su[m]me or su[m]mes as aforesaid shall imediately have one or more Tallye or Tallyes importing the receipte of the considerac[i]on money and orders for the payment of the said Annuities beareing the same date with the Tally; [the said Tallyes to be levyed and (fn. 26) ] the said Orders to be signed in the same manner as in and by an Act of this p[re]sent Parliament entituled An Act for granting to theire Majesties certaine Rates and Dutyes of Excise upon Beere Ale and other Liquors for secureing certaine recompences and advantages in the said Act menc[i]oned to such persons as shall voluntarily advance the su[m]me of Tenne hundred thousand pounds towards carrying on the Warr againste France is menc[i]oned and directed touching Tallyes and Orders to be given to the Contributors for Annuities upon the said Act; and the said Orders not to be determinable revocable or countermandable as touching the afore-menc[i]oned Orders in the said recited Act is enacted which said Orders shall be assigneable and transferrable in such and the same manner as is menc[i]oned in the said recited Act touching Orders given to the Contributors in the said Act menc[i]oned And all the Rates and Duties by this Act granted or soe much thereof as are and shall be sufficient for the purposes aforesaid are and shall be appropriated to and for the payment of the said Annuities of Inheritance and Annuities for lives after the severall and respective rates aforesaid according to the true intent and meaneing of this Act and shall not be diverted or divertible to any other use intent or purpose whatsoever under the like penalties forfeitures and disabilities in respect to all and every the Officers and other persons in the [said (fn. 27) ] recited Act menc[i]oned as are in the said Act appointed and enacted in case of diverting or misapplying any [parte (fn. 25) ] of the moneys which ought to be paid to the Contributors upon the said Act; and the said penalties and forfeitures shall be sued for prosecuted recovered and paid in such manner and forme as the penalties in the said recited Act are appointed to be sued for prosecuted recovered and paid in which suite no Protecc[i]on Priviledge of Parliament or other Priviledge Wager of Lawe or more then one Imparlance shall be allowed And the said Officers are hereby required to keepe Bookes and Registers and make entries of the names of all persons who shall advance any moneys before the said Nine and twentieth day of September as aforesaid and of the severall su[m]mes soe advanced and the times of paying in the same respectively and the names of such persons for whose lives the severall Annuityes or yearely payments are to be payable without fee or reward in such manner as in the said recited Act is menc[i]oned; to which Bookes all persons concerned shall have accesse as in the said Act [is alsoe (fn. 28) ] directed All which the said Officers are to doe and performe under the like Penalties and Forfeitures and Disabilities as in the said recited Act [is (fn. 29) ] menc[i]oned And every person who shall soe advance and pay any such su[m]me as aforesaid before the said Nine and twentieth day of September as aforesaid shall receive out of the money granted by this Act for all money soe advanced by him and paid from the respective dayes of payment unto the said Nine and twentieth day of September as aforesaid Interest att the Rate of Tenne pounds per Centum per Annu[m]:-
XXXIV. Annuity free from Tax.
And be it further enacted That any moneys payable to any person or persons upon or by virtue of this Act shall not be charged or chargeable with any Rates Dutyes or Imposic[i]ons whatsoever:-
XXXV. Guardian may advance Infant's Money.
Infant to be made Nominee.
And be it further enacted That it shall and may be lawfull for any Guardian or Trustee haveing the disposall of the money of any Infant under the age of one and twenty yeares for the use and benefit of such Infant to advance and pay the su[m]me of one hundred pounds of the moneys of such Infant either upon an Annuity of Inheritance or upon Annuity for life or lives upon the respective termes and recompences herein menc[i]oned att the election of such Guardian or Trustee And in case such Guardian or Trustee shall pay any such sume upon an Annuity for life he shall thereupon within such time as is herein before appointed for the nameing of lives name the said Infant to be a Nominee and such Infant upon payment of the su[m]me shall become a Contributor within the meaneing of this Act and be entituled to have and receive a proporc[i]on as any other Contributor; And the said Guardian and Trustee as to the [said (fn. 30) ] su[m]me of One hundred pounds soe advanced is hereby discharged:-
XXXVI. Contributor upon Receipt to bring Certificate of Nominee's Life from Minister, &c.
or Certificate from Justice of Peace, of Contributor's Oath of Nominee's Life.; No Fee for Oath, &c.; False Oath, Perjury.; If Nominee in Scotland, &c.; Certificate from Baron of Exchequer.; Receiving after Nominee's Death.; Penalty.
And to make the payment of the Annuityes more easy to the severall Contributors upon this Act Be it enacted that every Contributor upon this Act upon the termes of haveing an Annuity for One Two or Three Lives his or her Executors Administrators or Assignes upon theire demanding any Payments of his her or theire respective Shares of the said Fond unlesse the Nominee or Nominees or one of them appeare in person att the said Receipte shall produce a Certificate of the life of his her or theire respective Nominee or Nominees or one of them signed by the Minister and Church-wardens of the Parish where such Nominee shall be then liveing or otherwise it shall and may be lawfull to and for every Contributor his or [theire (fn. 31) ] Executors Administrators or Assignes att his her or theire Elecc[i]on to make Oath of the truth of his her or theire respective Nominees life or the life of one of them upon the day when the said payment shall become due before one or more Justices of the Peace of the respective County Rideing City Towne or Place wherein such person (att the time of makeing the said Oath) shall reside which Oath he or they are hereby impowered to administer and the said Justice or Justices shall make ( (fn. 32) ) Certificate thereof for which Oath and Certificate noe Fee or Reward shall be required and the said Certificate shall be filed in the said Office of Receipte in the Exchequer; And if any person shall be guilty of ( (fn. 33) ) false Oath or forgeing any Certificate touching the p[re]misses and being thereof lawfully convicted he shall incurr the paines and penalties to be inflicted upon persons who co[m]mit wilfull Perjury or Forgery; And in case any Nominee shall att the time of such demand be resident in Scotland or beyond the Seas and any one or more of the Barons of the Exchequer for the time being shall certifie that upon Proofe to him or them made (which Proofe he and they is and are hereby authorized and required to take in a summary way) it doth seeme probable to him or them that the said Nominee is liveing which Certificate is to be given and Examinac[i]on made without Fee or Charge the said Certificates being filed as aforesaid shall be a sufficient Warrant for makeing the said payment to the respective Contributors or Advancers theire Executors Administrators or Assignes; And if any person or persons shall receive one or more Payments upon his her or theire Annuitie or Annuityes for any time beyond the death of his her or theire Nominee or Nominees when the same ought to cease such person or persons shall forfeite treble the value of the moneys soe by ( (fn. 34) ) her or them received the one halfe thereof to theire Majesties theire Heires and Successors and the other halfe to him or them who will sue for the same by Acc[i]on Suite Bill or Informac[i]on in which no Essoign Protecc[i]on Priviledge or Wager of Law or more then one Imparlance shall be allowed:-
XXXVII. If £1,200,000 be not raised upon the Fund, what is short may be raised upon Lives.
And it is hereby further enacted by the Authority aforesaid That in case the whole su[m]me of twelve hundred thousand pounds shall not be subscribed and paid into the Exchequer as aforesaid; that then soe much of the said yearely su[m]me of One hundred thousand pounnds hereby intended to answere the recompence for the same as by such deficiency shall by this Act be undisposed shall and may be and is hereby applied and appropriated (soe far as the same will amount) to pay to any person and persons who shall advance and pay any su[m]me or su[m]mes of money, into the Exchequer on or before the First day of February which shall be in the yeare of our Lord One thousand six hundred ninety and four on account to have an Annuity or Annuities for One Two or Three Lives such respective su[m]me and su[m]mes for such respective Life or Lives according to such [rates (fn. 35) ] and proporc[i]ons and for such time and under such Rules and Direcc[i]ons as are herein before contained with relac[i]on to such as shall advance and pay the said three hundred thousand pounds:-
XXXVIII. What falls short of £1,500,000 raised before October, may be raised by Loan.
And be it enacted by the Authority aforesaid That if the whole su[m]me of Fifteene hundred thousand pounds be not advanced and paid into the Exchequer upon this Act before the First day of October One thousand six hundred ninety four that then it shall and may be lawfull for theire Majesties or theire Officers in the Receipte of theire Majesties Exchequer by theire Co[m]mand and Appointement to borrow and take into the said Receipte for theire Majesties Use by way of Loan any su[m]me or su[m]mes of money which together with the whole value or amount of all the su[m]mes of money which shall before the said First day of October be contributed or advanced as aforesaid shall not exceede the su[m]me of Fifteene hundred thousand pounds which su[m]me or su[m]mes soe taken up by way of Loan shall and may be charged upon the Creditt of theire Majesties Exchequer in generall and Tallyes of Loan and Orders of Repayment of the same shall be levyed and drawne accordingly which said Orders shall be assigneable and transferable from one person to another:-
XXXIX. Eight per Cent. per Ann. allowed upon Loan.
If the Duties fall short, Loan raised out of next Aids.; If no Aid before 2d February 1694, then paid out of the Exchequer.
And it is hereby enacted That all and every su[m]me and su[m]mes of money soe to be borrowed not exceedeing as aforesaid together with Interest for the same not exceedeing the Rate of Eight pounds per Centum per Annu to be paid every three months untill satisfacc[i]on of the principall shall be payable and satisfied unto the respective Lender or Lenders of the same his her or theire Executors Administrators or Assignes out of the moneys which shall afterwards arise and be brought into the Exchequer by or for Contribuc[i]ons upon this Act soe far as the same will extend; And in case the money soe ariseing by this Act shall not be sufficient for the paying thereof then the said Loans which shall remaine unsatisfied [with (fn. 36) ] the Interest for the same shall be repaid out of the next Aids or Supplyes to be granted to theire Majesties in Parliament and shall be transferred and transferrable thereunto as soone as any such Aide or Supply shall be granted to theire Majesties; And if noe such Aids or Supplyes shall be granted to theire Majesties before the Second day of February One thousand six hundred ninety four then the said su[m]me and su[m]mes of money soe to be borrowed not exceedeing as aforesaid and the Intereste thereof shall be payable and be paid and satisfied to the Lender or Lenders his her or theire Executors Administrators or Assignes respectively by and out of any theire Majesties Treasure which from thenceforth shall come into be or remaine in the Receipte of theire Majesties Exchequer not being already appropriated to any particular Uses by any Act or Acts of Parliament before this time made:-
XL. £1,000,000 formerly appropriated to the Navy and Ordnance, c. 1. ante.
5£1,500,000 more to the Navy and Ordnance, c. 7. ante, or other Act of this Session; All other Money to the Army and other War Charges.
And whereas by an Act of this p[re]sent Session of Parliament entituled (An Act for granting to theire Majesties an Aide of Four shillings in the Pound for one yeare for carrying on a vigorous Warr against France) the su[m]me of Tenne hundred thousand pounds includeing therein the su[m]me of Four hundred thousand pounds already borrowed for the use of the Navy is by the said Act appropriated for the Services of the Navy and Ordnance as parte of the Supplyes granted this Session for the payment of Wages for Services done and to be done and for the paying for Victualls supplyed and to be supplyed for the said Navy and for and towards the paying for other necessary Provisions and Stores supplyed and to be supplyed and for the Ordnance of the said Navy Royall and for the Wages of the yards and other Services of the Ordinary of the said Navy:- Now to the intent the whole su[m]me granted this p[re]sent Session of Parliament for the uses aforesaid may be thereunto appropriated Itt is hereby further enacted by the Authority aforesaid that out of the money that hath or shall be levyed by virtue of this Act or of another Act of this present Session of Parliament entituled An Act for granting to theire Majesties certaine Rates and Dutyes upon Salt and upon Beere Ale and other Liquors for secureing certaine Recompences and Advantages in the said Act menc[i]oned to such persons as shall voluntarily advance the su[m]me of Tenne hundred thousand pounds towards carrying on the Warr against France or of any other Act of this present Session of Parliament by which any Aids shall be granted to theire Majesties towards the carrying on the said Warr and which shall be paid into the Exchequer aswell upon Loans as otherwise (excepte only the money appropriated to pay the Recompences in this and the before recited Act) the su[m]me of Fifteene hundred thousand pounds over and above the said su[m]me of Tenne hundred thousand pounds in the first recited Act appropriated shall be and is hereby appropriated for the Services of the Navy and Ordnance performed and to be performed And that all other money which shall be levyed and paid by virtue of this or any other Act of this p[re]sent Session of Parliament not appropriated by this or the first recited Act to the use of the said Navy or to pay the Recompences in this and the other recited Act into the Receipte of the Exchequer aswell upon Loans as otherwise shall be applyed and appropriated to and for the payment of theire Majesties Land Forces and Armies Ordnance Ammuc[i]on and other Charges incident to the Warr and not otherwise:-
XLI. Half of this or any other Tax, except Land Tax, charged with the £1,500,000. c. 5. ante.
And for the more effectuall doeing thereof be it enacted by the Authority aforesaid That the halfe of all money that hath or shall be levied or paid into the Receipte of the Exchequer by virtue of this Act or any other Act of this p[re]sent Session of Parliament (excepte the said first recited Act and excepte what is appropriated by this or the other recited Act to pay the Recompences of those who have or shall voluntarily advance moneys as aforesaid; And excepte alsoe [another (fn. 37) ] Act entituled An Act to supplye the deficiency of the money raised by a former Act entituled An Act for granting to theire Majesties certaine Rates and Dutyes of Excise upon Beere Ale and other Liquors for secureing certaine Recompences and Advantages in the said Act menc[i]oned to such persons as shall voluntarily advance the su[m]me of Tenne hundred thousand pounds towards the carrying on the Warr against France) shall be applyed to answere the said su[m]me of Fifteene hundred thousand pounds hereby appropriated to the use of the said Navy untill the same shall be paid and satisfied:-
XLII. Particular Sums for Wages, &c. of Navy, Marines, &c.
And it is hereby further enacted by the Authority aforesaid That out of the su[m]me of Fifteene hundred thousand pounds hereby appropriated and out of the said su[m]me of tenne hundred thousand pounds in the before recited Act appropriated for the use of the Navy the su[m]me of Eleven hundred fifty six thousand nine hundred ninety four pounds shall be applyed to pay the Wages to Officers and Seamen and other Services belonging according to the Course of the Navy to the Head of Wages performed and to be performed And alsoe to pay the Officers and Soldiers of the two Marine Regiments And that the su[m]me of twelve hundred fifty seven thousand two hundred sixty and six pounds be applyed for and towards the paying for Victualls and necessary Provisions and Stores and other extraordinary Services of the Navy and Ordnance supplyed and performed or to be supplyed or performed: And that the su[m]me of Eighty five thousand seven hundred and forty pounds be applyed for and towards paying the Wages of the yards and other ordinary Services of the said Navy:-
XLIII. Rules, Penalties, &c. of 1 W. & M. Sess. 2. c. 1. applied.
And that the su[m]mes by this Act appropriated may not be diverted or applyed to any other purpose then is hereby declared and intended be it enacted by the Authority aforesaid That the rules and direcc[i]ons appointed and enacted in one Act made in the first yeare of theire Majesties Raigne entituled An Act for a Grant to theire Majesties of an Aid of Two Shillings in the Pound for one yeare for the speedy payment of money thereby granted into the Receipte of the Exchequer by the Collectors and Receivers and for distribuc[i]on and applicac[i]on thereof and keepeing distinct Accompts of the same; and all other Provisoes Paines Penalties and Forfeitures thereby enacted in case of diversion of any money thereby appropriated are hereby revived and enacted to be in force and shall be practised applyed executed and putt in ure for and concerneing the distribuc[i]on and applicac[i]on of the said su[m]mes hereby appropriated as fully amply and effectually as if the same were here particularly repeated and re-enacted:-
XLIV. Recital of Utility of Manufacture of Silks.
Alamodes, &c. to be marked and sealed by the Custom-House Officers.; No Fee for marking, &c.; Lustrings, &c. imported and not sealed;; Penalty.; 1. W. & M. Sess. 1. c. 34.; Counterfeiting Mark;; Penalty £500.
And whereas there is lately sett up in this Kingdome a very profitable manufacture of Silke Stuffs called Lustrings and Alamodes never before made in this Realme for the which greate su[m]mes of money of the Nation were heretofore exported into France; and to the intent that noe discouragement may be given to soe usefull a Trade wherein many [hundreds (fn. 38) ] of theire Majesties Subjects are employed by preventing all Frauds and Deceits to the Revenue of theire Majesties Customes by fraudulently importing such Silkes without paying legall Duties for the same Be it enacted by the authority aforesaid that the Co[m]missioners of theire Majesties Customes for the time being shall and are hereby authorized and required from time to time from and after the end of this Session of Parliament to marke and seale or cause to be markt and sealed all the said Lustrings and Alamodes which now are imported and in the hands of any person or persons whatsoever and alsoe of all the said Stuffs soe called which shall be hereafter imported and to keepe an Entry and Registry thereof in the Custome House in a Booke to be for that Purpose provided And that all which are already imported shall be soe markt sealed and registered within Twenty dayes of the said time for which there shall be noe Fee or Reward paid; And all such Lustrings and Alamodes which shall be hereafter imported from the time aforesaid shall be soe markt sealed and registered without any Fee as aforesaid before they be delivered out of the Custome House warehouse where they shall be respectively imported and entered; And all such Lustrings and Alamodes which shall be att any time after the Fifteenth day of May One thousand six hundred ninety four imported and not soe sealed and markt shall be forfeited and the Importers or Possessors thereof subject to such and the like penalties and forfeitures as Importers of French Goods by one Act made in the First yeare of theire Majesties Raigne entituled An Act for prohibiting all Trade and Comerce with France to be recovered as therein [is (fn. 39) ] directed; And if any person or persons shall alter or counterfeite the Marke or Seale Marks or Seales used and to be used for the Purposes aforesaid the Offender shall forfeite the su[m]me of Five hundred pounds to any that will sue for the same by Bill Plainte or Informac[i]on in any of theire Majesties Courts of Record att Westminster wherein noe Essoigne Protecc[i]on or Wager of Law shall be allowed nor any more then one Imparlance:-
XLV. Recital of c. 1. ante.
Certificate to Parliament by Admiralty of the Stations of the Cruizers appointed by the said Act.
And whereas it is enacted in one Act of this p[re]sent Session of Parliament entituled An Act for granting to theire Majesties an aid of Four shillings in the pound for One yeare for carrying on a vigorous Warr against France That for the better secureing the Trade of this Kingdome over and above the Shipps of Warr for the Line of Battell and for Convoys to remote parts att the least Four Shipps of the Third Rate Sixteene Shipps of the Fourth Rate Thirteene Shipps of the Fifth Rate and Tenne Ships of the Sixth Rate shall be from time to time directed and appointed by the Lord High Admirall of England or Co[m]missioners for executeing the said Office for the time being to such proper Stations as they shall deeme mete to cruise for secureing the Merchant Shipps in theire goeing out and returneing home:- Wherefore that it may the better appeare how the said Service is performed wherein the security of Trade and the safety of these Realmes is soe much concerned Be it enacted by the authority aforesaid That the Lord High Admirall of England or [the (fn. 40) ] Co[m]missioners for executeing the Office of Lord High Admirall of England for the time being shall and are hereby respectively required to exhibitt to the Co[m]mons assembled in Parliament att the next Session of this or any other Parliament which shall happen after the First day of August One thousand six hundred ninety four a Certificate in writeing under his or theire Hands respectively of the Shipps by him or them respectively sett out in pursuance of the said recited Clause expressing therein the Names and Rates of the Ships sett out and the times when by him or them respectively ordered as alsoe the Stations to which they were directed and the Times how long they were continued att Sea in that Service:-
XLVI. One Penny per Pound allowed to the Exchequer Officers.
Provided alwaies and be it enacted by the authority aforesaid That the Officers of the Receipte of theire Majesties Exchequer shall and may receive and take for theire Fees One penny in the pound and noe more for all or any the su[m]me or su[m]mes of money to be issued or paid to any theire Majesties Garisons or other Land Forces and Armies and other charges incident to the same out of the money ariseing by this or any other Act and Grant of this Session or any other Session of Parliament dureing this present Warr to be distributed in such proporc[i]on as the Lord Treasurer or Lords Co[m]missioners of the Treasury for the time being shall appointe:-
XLVII. Officers in the Excise not to interfere in Choice of Members.
Penalty £100.; and Disability.
And to the end the greate dutyes of Excise and the powers given for the collecting and levying the same may not be employed for the influenceing of elecc[i]ons of Members to serve in Parliament which elecc[i]ons by the Constituc[i]on of this Governement ought to be free and uncorrupt Be it enacted by the authority aforesaid That from and after the First day of May [in the yeare of our Lord (fn. 41) ] One thousand six hundred ninety four noe Collector Supervisor Gauger or other Officer or Person whatsoever concerned or employed in the chargeing collecting levying or manageing the dutyes of Excise or any branch or parte thereof shall by word message or writeing or in any other manner whatsoever endeavour to perswade any Elector to give or diswade any Elector from giveing his vote for the choice of any person to be a Knight of the Sheire Citizen Burgesse or Baron of any County City Burrough or Cinque Port to serve in Parliament and every Officer or other person offending therein shall forfeite the su[m]me of One hundred Pounds one moiety thereof to the Informer and the other moiety to the Poore of the Parish where such Offence thall be co[m]mitted to be recovered by any person that shall sue for the same by Acc[i]on of Debte Bill Plaint or Informac[i]on in any of theire Majesties Courts of Record att Westminster in which noe Essoign Protecc[i]on Priviledge or Wager of Lawe or more then one Imparlance shall be allowed; And every person convict on any such Suite of the said Offence shall thereby become disabled and incapable of ever beareing or executeing any Office or Place; concerneing or relateing to the duty of Excise or any other Office or Place of Trust whatsoever under theire Majesties theire Heires or Successors:-
XLVIII. Note of Gauge delivered to the Brewer, &c.
Penalty £5.
And it is hereby declared and enacted That true Notes in Writeing of the last Gauges made or taken by the Gaugers shall be left by them with all Brewers Makers or Retailers of Bere Ale or other exciseable Liquors respectively or some of theire Servants att the times of takeing theire said Gauges containeing the quantity and quality of the Liquors soe gauged upon the penaltie of Five pounds for every Offence or Neglect of the said Gauger or Gaugers to be recovered by any person that shall sue for the same by Acc[i]on of Debte Bill Plainte or Informac[i]on in any of theire Majesties Courts of Record att Westminster in which noe Essoigne Protecc[i]on Priviledge or Wager of Lawe nor more then one Imparlance shall be allowed:-