Statutes of the Realm: Volume 5, 1625-80. Originally published by Great Britain Record Commission, s.l, 1819.

This free content was digitised by double rekeying. Public Domain.

Citation:

'Index: E', in Statutes of the Realm: Volume 5, 1625-80, ed. John Raithby (s.l, 1819), British History Online https://prod.british-history.ac.uk/statutes-realm/vol5/pp20-23 [accessed 8 April 2025].

E.

Ecclesiastical Causes See Commissioners for Causes Ecclesiastical.

Ecclesiastical Jurisdiction



	Statute	Page
For repealing a Branch of Stat. 1st Eliz. concerning, Commissioners for Causes, Ecclesiastical.	16 Car. I. c. 11.	112
High Commission Court used to fine and imprison, and other Mischiefs have ensued therefrom.	§ 1.	113
Stat. 1 Eliz. c. 2. § 18. repealed.	Ib.	Ib.
Archbishops, Bishops, and other Ecclesiastical Persons, and Courts, not to inflict Penalties, Corporal Punishment, &c. nor administer any Oath ex officio— Penalty, Treable Damages and £100.	§ 2.	Ib.
Offenders convicted, disabled from any Office or Employment by the King's Commission or Letters Patent.	§ 3.	Ib.
No New Court to be erected without the like Power. Repealed, except as to the High Commission Court, 13 Car. II. c. 12. § 2.	§ 4.	Ib.

Ecclesiastical Persons See Augmentations of Libings.

Eels, Importation of See Cattle.

Embezzling the King's Stores See Benefit of Clergy.

Embroidery See Lace.

England and Scotland See Scotland. Trade.

Estates pur auter vie See Frauds and Perjuries.

Exchequer



	Statute	Page
For assigning Orders in the Exchequer without Revocation.	19 & 20 Car. II. c. 4.	629
Orders registered in the Auditor's Office of the Receipt, may be assigned.	§ 1.	Ib.
Memorial thereof.	Ib.	Ib.
Assignor may not revoke his Assignment.	Ib.	Ib.
Auditor's ad valorem Fee.	§ 2.	Ib.
Continuance of Act.	§ 3.	Ib.

Excise



	Statute	Page
For, continuing the Excise until the 20th of August 1660.	12 Car. II. c. 5. exp.	206
Further Continuance of same Act till 25th December 1660.	12 Car. II. c. 8. exp.	207
Grant of Impositions upon Beer, Ale, and other Liquors.	12 Car. II. c. 23.	255
Duty upon Foreign Liquors imported, to be paid by Importer in Money upon Entry made before landing.	§ 2.	Ib.
Common Brewers to make Entries Weekly, and other Retailers of Beer, Ale, &c. Monthly.	§ 3.	Ib.
Brewers not making Entry—Penalty £5.	12 Car. II. c. 23. § 4.	255
Innkeeper—Penalty £5.	Ib.	Ib.
Retailers—Penalty 20s.	Ib	Ib.
Brewers and Retailers not clearing off—Penalty.	§ 5.	256
Retailers—Penalty.	Ib.	Ib.
No Person compelled to go further to make Entries than next Market Town. Officers to attend in Market Towns,15 Car. II. c. II. § 9, 10.	§ 6.	Ib.
Commissioners, &c. for executing Act, empowered to appoint Gaugers.	§7.	Ib.
Gaugers may enter Houses, &c. to gauge, and to make Return to Commissioners.	Ib.	Ib.
Gaugers to leave Copy of Return with Brewer, &c. which is to be a Charge on Brewer, &c.	Ib	Ib
Brewer, &c. refusing Gauger Admittance—Proceedings.	Ib.	Ib.
Brewer, &c.after Warning, selling, not having paid Duty—Penalty.	Ib.	Ib
What shall be reckoned a Barrel of Beer.	§ 8.	Ib
What a Barrel of Ale. 34 Gallons to be accounted for a Barrel of Beer or Ale, 1 W. & M. c. 24. § 5; but that Section, as well as the above, seems to be virtually repealed by 43 G. III. c. 69. § 12. which enacts that 36 Gallons shall be accounted for a Barrel of Beer and Ale.	Ib.	Ib.
Prices to be at the usual Rates.	§ 9.	Ib.
Proviso for adding Duty to Price.	Ib.	Ib.
Allowance for Waste and Leakage. Two Barrels and a Half on Beer or Ale out of London and Westminster, and Weekly Bills of Mortality, 1 W. & M. c. 24. § 5.; but the Allowance for Waste and Leakage, both within and without those Limits, and whether on Beer or Ale, is Three Barrels upon every Thirty-six Barrels, 43 G. III. c.69. § 12. and Retailers not entitled to Allowance for Waste and Leakage, 25 G. III. c. 73. § 1. and see 43 G. III. c. 69. § 12.	§ 10.	Ib.
False Entries—Penalty.	§ 11.	Ib.
No Ale or Beer to be delivered by Brewer to Retailer before Duty paid. What Person shall be deemed a Retailer, 25 G. III. c. 73. § 1.— 35 G. III. c. 113. § 9.	§ 12.	257
Proviso for Beer and Ale sold in Fairs.	Ib.	Ib.
Commissioners may compound for Duty with Innkeeper, Retailer, or Victualler.	§ 13	Ib
Rates may be farmed for Three Years.	§ 14	Ib
Such Contracts to be good in Law.	§ 15.	Ib
Treasury not to treat with Persons other than such as shall be nominated by Quarter Sessions—such Persons to have the first Refusal.	§ 16.	Ib
Proviso as to Rate of Farming.	§ 17.	Ib.
Forfeitures and Offences within the Limits of London, where to be determined.	§ 18.	Ib.
In any other County or Place, where to be determined— on Refusal of Justices to determine, then Sub-Commissioners.	Ib.	Ib.
Appeals by Parties aggrieved.	12 Car. II. c. 23. § 18.	257
Proceedings by Commissioners for Appeals, who may administer an Oath and issue Warrants for levying Penalties.	Ib.	Ib.
Proceedings thereon.	Ib.	258
Fines and Forfeitures may be mitigated by Commissioners, &c.	§ 19.	Ib.
Such Mitigation a Discharge.	Ib.	Ib.
Proviso as to Amount of Mitigation.	Ib.	Ib.
How the Fines and Forfeitures shall be employed.	§ 20.	Ib
Head Office erected in London, to be managed by Officers appointed by the King, who are to be Commissioners and Governors for managing the Receipt of Excise.	§ 21.	Ib.
Officers of Excise to take the Oath of Allegiance and Supremacy, and the Oath herein mentioned.	§ 22.	Ib.
Certificate of Oath taken to the next Quarter Sessions.	§ 23	Ib.
London, Westminster, Southwark, &c. to be under the Management of Head Office. See also, as to Marybone, 24 G.II. c. 40. § 27	§ 24.	Ib.
Officers in the Country to be appointed by His Majesty.	Ib.	Ib.
Hours at which Excise Office to be kept open. The Hours to be from 8 in the Morning until 2 in the Afternoon, 23 G.II. c. 26. § 12. until 3 in the Afternoon at Chief Office, 49 G. III. c. 66. § 2.	§ 25.	Ib.
Commissioners to pay Money collected into Exchequer.	§ 26.	Ib.
In Actions for executing Act, the General Issue may be pleaded—Double Costs.-	§ 27.	Ib.
No Certiorari.	§ 28.	Ib.
Proviso for E. Backwell, for Payment of £ 28, 450.	§ 29.exp.	259
For settling a Revenue on His Majesty, in lieu of Court of Wards and Liveries, and Tenures incident thereto.	12 Car. II. c. 24.	Ib.
Rates of Excise on Beer, Ale, and other Liquors.	§ 14.	261
Duty upon Foreign Liquor imported to be paid by Importer in Money, upon Entry made before Landing. Brandy a Strong Water perfectly made and liable to Duty, 22 Car. II. c. 4.	§15.	262
Entries to be made Weekly by Common Brewers and Monthly by Innkeepers, &c.	§ 16.	Ib.
Brewers not making Entries—Penalty £10.	§ 17.	Ib.
Innkeeper, &c. —Penalty.	Ib.	Ib.
In what Places Entries to be made. Officers to attend in Market Towns, 15 Car. II. c. 11. § 9, 10.	§ 19.	Ib.
The Powers of the Commissioners and SubCommissioners to appoint Gaugers.	§ 20.	Ib.
The Powers and Duties of Gaugers.	12 Car. II. c. 24. § 20.	262
Entering Houses, &c.	Ib.	263
Gauging Coppers, &c.	Ib.	Ib.
Returning Gauge.	Ib.	Ib.
Return to be a Charge on Brewer, &c. 34 Gallons to be accounted for a Barrel of Beer or Ale, 1 W. & M. Sess. 1. c. 24. § 5.; but that Section, as well as the above, seems to be virtually repealed by 43 G. III. c. 69. § 12. which enacts 36 Gallons to be accounted for a Gallon of Beer or Ale.	Ib.	Ib.
Refusing to permit Gauger to enter—Forbidden by Gauger to sell, &c. selling, &c. after Notice, and not having cleared Duty—Penalty.	Ib.	Ib.
Proportions to be observed in Returns of Gaugers of and for a Barrel of Beer or Ale. What Person shall be deemed a Retailer, 25 G. III. c. 73. § 1.—35. G. III.c.113. § 9.	§ 21.	Ib.
Brewers and Retailers to observe the usual Rates and Prices.	§ 22.	Ib.
Allowance for Waste and Leakage. Two Barrels and a Half on Beer or Ale out of London and Westminster and Weekly Bills of Mortality, 1 W. & M. c. 24. § 5. but the Allowance for Waste and Leakage, & c. both within and without those Limits, and whether on Beer or Ale, is Three Barrels upon every Thirty-six Barrels, 43 G. III. c. 69. § 12. and Retailers not entitled to Allowance for Waste and Leakage, 25 G. III. c. 73. § I. and see 43 G. III. c. 69. § 12.	§ 23.	Ib.
Making false Entries—Penalty.	§ 24.	Ib.
No Beer, &c. to be delivered by Brewer, until Duty be paid by the Retailer.	§ 25.	Ib.
Proviso for Beer and Ale sold in Fairs.	Ib.	Ib.
Commissioners, &c. may compound for Duty within their Divisions.	§ 26.	Ib.
Power of Lord Treasurer, &c. to contract for farming Duties.	§ 27.	264
Such Contracts to be good.	§ 28.	Ib.
Treasury not to treat with Persons other than such as shall be approved by Quarter Sessions.	§ 29.	Ib.
Such Persons to have the first Refusal.	Ib.	Ib.
Proviso as to Rate of letting.	Ib.	Ib.
Forfeitures and Offences within this Act how to be determined in London.	§ 30.	Ib.
In all other Counties, Cities, &c.	Ib.	Ib.
If Justices neglect, then Sub-Commissioners to determine.	Ib.	Ib.
Appeal to Quarter Sessions final.	Ib.	Ib.
Commissioners of Appeal, &c. to examine Witnesses on Oath, and issue Warrants for levying the Penalties.	Ib.	Ib.
Proceedings thereon.	Ib.	Ib.
Power to Justices and Commissioners of Excise to mitigate Penalties, but not to less than Amount of Double Duty.	§ 31.	Ib.
Costs of Officer.	Ib.	Ib.
How Penalties to be employed. How Penalties to be recovered, 18 G. II. c. 26. § 14.—24 G. II.c. 40 § 29.	12 Car. II. c. 24 § 32.	264
One principal Office of Excise to be erected in London.	§ 33.	265
Commissioners appointed by the King.	Ib.	Ib.
Officers to take the Oaths of Allegiance and Supremacy, together with the Oath in the said Act mentioned.	§ 34.	Ib.
To be certified to Quarter Sessions.	§ 35.	Ib.
London, Westminster, &c. under Management of Head Office. See also, as to Marybone, 24 G. II. c. 40. § 27.	§ 36.	Ib.
Commissioners, &c. to be nominated by His Majesty.	Ib.	Ib.
Hours at which Excise Office to be kept open. The Hours to be from 8 in the Morning until 2 in the Afternoon, 23 G. II. c. 26. § 12. until 3 in the Afternoon at Chief Office, 49 G. III. c. 66. § 2.	§ 37.	Ib.
Commissioners to pay into the Exchequer.	§ 38.	Ib.
In Actions for executing Act, General Issue may be pleaded—Double Costs.	§ 39.	Ib.
No Certiorari.	§ 40.	Ib.
Proviso as to Act of General Pardon, Stat. 12 Car. II. c. 11.	§ 41.	Ib.
Proviso concerning E. Backwell, as to £ 28,450 advanced by him on Credit of several Orders of this Parliament.	§ 42.	Ib.
For vesting the Arrears of the Excise and new Impost in His Majesty.	13 Car. II. c. 13. exp.	316
For the better ordering and collecting the Duty of Excise and preventing the Abuses therein.	15 Car. II. c. 11.	488
Brewers, &c. to give Notice to Officer of setting up, altering, or enlarging Tuns, Fats, &c.	I.	Ib.
Not to keep or use private or concealed Storehouses, Cellars, &c.—Penalty.	Ib.	Ib.
Penalty on Persons occupying Houses where such concealed Tuns, &c. are.	Ib.	Ib.
Such concealed Tun, &c. and all the Beer, &c. may be seized and sold for the Poor. See 1W. & M. c. 24.§ 10.	Ib.	Ib.
Commissioners under Stat. 12 Car. II. cc. 23, 24. not to farm this Revenue.	§2.	489
No Farmer capable of being nominated a Commissioner of Excise—Penalty.	Ib.	Ib.
Commissioner of Excise—Penalty.	Ib.	Ib.
All Acts done by such Persons void.	Ib.	Ib.
Persons troubled by them may have their Action and recover Damages.	Ib.	Ib.
All Letters Patent for the above Purpose void.	§ 3.	Ib.
Commissioners, Sub-Commissioners, and Farmers giving false or corrupt Judgment —Penalty.	§ 4.	Ib.
Persons unjustly complaining of the Judgment of the Commissioners, &c.—Double Costs.	Ib.	Ib.
Gaugers to deliver to Brewer, after Entry made, a true Copy of Return—Penalty 40s.	15 Car. II. c. 11. § 5.	489
Brewer not liable to Prosecution, if he discharge himself within One Week of Delivery.	§ 6.	Ib.
Two Artists to be appointed, One by the Commissioners and One by the Brewer, to compute Gauge, &c. on Oath, who are to give a Copy of Contents to Commissioners and Brewer. Further Provisions 1 W. & M. c.24. § 11.	§ 7.	Ib.
Commissioners, Farmers, Brewers, &c. not to act as Justices of Peace touching the Excise	sect; 8.	Ib.
Such Acts of such Persons void.	Ib.	490
Commissioners, &c. to appoint Persons in Market Towns to receive Entries.	§ 9.	Ib.
Place of Office to be published.	Ib.	Ib.
Hours at which such Officer to attend—Penalty.	Ib.	Ib.
Persons coming to such Market Towns and tendering Entry and Payment, not liable to Penalties.	Ib.	Ib.
Hours at which, on Notice, Brewer may sell and deliver Beer, &c.—Penalty.	§ 10.	Ib.
Brewer, after Account taken by Gauger, converting Small Beer or Worts into Strong, or selling the same without Notice to Gauger, or concealing Beer, &c.—Penalty.	§ 11.	Ib.
Brewing Vessels and Utensils liable to Duties and Penalties, in whatever Hands they be.	§ 12.	Ib.
Brewer compounding for Duties not to brew for any other Brewer without giving Notice to Commissioners, &c. of the District—Penalty.	§ 13.	491
No Person to sell or retail Coffee, Chocolate, &c. without Licence, and giving Security for Payment of Duties.	§ 14.	Ib.
Fee for Licence and Security.	Ib.	Ib.
Selling, &c. without Licence —Penalty. The collecting the Duties by way of Excise on the Liquors of Coffee, Chocolate, and Tea, repealed, 1 W. & M. Sess. 2. c. 6.§1. The Duty on Sherbet made to cease, 27 G. III. c. 13. § 35. see 43 G. III. c. 69. § 1.	Ib.	Ib.
Brewers, &c. bribing Officers—Penalty £10.	§ 15.	Ib.
Officer receiving Bribe—Penalty £10.	Ib.	Ib.
How such Offences to be proved.	Ib.	Ib.
Penalties may be levied by Distress, &c.	Ib.	Ib.
Foreign or imported Liquors not to be landed before Entry or Duty paid.	§ 16.	Ib.
Warrant for landing to be signed by Officer—Penalty.	Ib.	Ib.
Liquors coasted (Exception) not to be landed before Entry—Penalty.	§ 17.	Ib.
On Appeal, Deposit of single Duty to be made, and Security to Commissioners of Appeal.	15 Car. II. c. 11. § 18.	492
If, on Appeal, original Judgment reversed, Deposit, or a fit Part thereof, to be restored to Appellant, and Double Costs.	Ib.	Ib.
If Judgment affirmed, Appellant to pay the like Costs.	Ib.	Ib.
Duty to be paid by Persons making Vinegar Beer. Made to cease, 10 & 11 W. III. c. 21. § 8. and other Duties § 9. of that Act. As to Vinegar for Pickles, and what Persons shall be taken to be Makers of Vinegar for Sale, see 8 Ann. c. 7. § 4.	§ 19.	Ib.
Proviso for Colleges, &c. brewing their own Beer.	§ 20.	Ib.
Appeals to be heard in the proper County. See 18 G. II. c. 26. § 13.	§ 21.	Ib.
Commissioners, &c. taking Fees or Reward for taking Bonds, &c.—Penalty 10s.	§ 22.	Ib.
Justices of Peace, &c. to meet to determine Offences.	§ 23.	Ib.
How Penalties to be disposed of and recovered.	§ 24.	Ib.
Limitation of Appeals in London and in the Country.	§ 25.	Ib.
Commissioners, Farmers, &c. to take the Oath of Stat. 12 Car. II. c. 23. See the Oath, 12 Car. II. c. 23. § 22. 12 Car. II. c. 24. § 34.	§ 26.	Ib.
An Explanatory Act for the Recovery of the Arrears of Excise.	15 Car. II. c. 12. exp.	493
Sureties of Commissioners, &c. not pardoned by Stat. 12 Car. II. c. 11. declared liable.	§ 1.	Ib.
Summons by Commissioners to Persons accountable left at the House, &c. deemed good.	§ 2.	Ib.
For the better ordering and collecting the Duty of Excise.	16 & 17 Car. II. c. 4.	554
Farmers to have equal Power as former Commissioners or Sub-commissioners (Exception).	Ib.	Ib.
For additional Excise upon Beer, Ale, and other Liquors.	22 & 23 Car. II. c. 5. exp.	704
For exporting of Beer, Ale, and Mum.	22 & 23 Car. II.c. 13. exp.	723
For an additional Excise upon Beer, Ale, and other Liquors, for Three Years.	29 Car. II. c. 2. exp.	837

Executions See Judgements.

Executors in their own wrong



	Statute	Page
Creditors enabled to recover Debts of Executors, &c. of.	30 Car. II. c. 7.	890

Exeter Workhouse See Poor Prisoners.

Exportation



	Statute	Page
For exporting of Beer, Ale, and Mum	22 & 23 Car. II. c. 13.	723
To be in force for Six Years, &c.	§ 6. exp.	Ib.