Charles II, 1670 & 1671: An Act for revesting the Power of granting Wine Licences in his Majesty his Heires and Successors and for; setleing a Recompence on his Royall Highnesse in liew thereof.;

Recital of 15 C. II. c. 14. §1.

§11.; and that by reason of 20 C. II. c. I. (19 & 20 C. II. C. 6.); and 22 Car. II. c. 3. the Prices of Wine had been raised, and that the Revenue of Wine Licences should be vested in the Crown, and that in Recompence a yearly Sum of £24,000 was to be granted to the Duke of York, issuing out of the Duties of Beer, &c. by; 12 C. II. C. 24.; 13 C. II. st. I. c. 7.; Recital of Tenure and Times of Payment of the said Annuity; and of Power for the Duke and his Heires Male to make Provision there out for their Wives and Children; and that the said Annuity had been granted for Two Years by Letters Patent 28th Sep. 22 Car. II.; The Revenue of Wine Licences, and Moiety of all Penalties, vested in the King.; 15 Car. II. c. 14.; Freed from Jointures and Provisions for younger Children by the Duke.

Whereas in and by one Actt passed this present Parliament in the fifteenth yeare of his Majestyes Raigne Entituled An Actt for setling the Proffitts of the Post-Office and Power of granting Wine-Licences on his Royall Highnesse the Duke of Yorke and the Heires Males of his Body It is amongst other things enactted That the said Duke of Yorke and the Heires Males of his Body begotten or to be begotten should have all and every the powers and authorities of granting Licences to such person or persons as he or they shall thinke fitt to sell and utter by Retaile all and every and any kinde of Wine or Wines whatsoever to be drunke or spent aswell within the House and Houses or other place in the Tenure or Occupation of the party soe licensed as without in any Citty, Towne or other place whatsoever within the Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede together with all benefitt thereof. And alsoe that the said Duke and the Heires Males of his Body begotten or to be begotten should have that moyety of the [Forfeitures (fn. 2) ] and Penalties which by vertue of a former Actt therein recited was given to his Majestie his Heires and Successors. And therein it was [further (fn. 1) ] provided That it should be lawfull for the said Duke and the Heires Males of his Body begotten and to be begotten to setle any part of the Premisses not exceeding a third part of the cleare yearely value above Charges and Reprises for a Joynture for his or their Wife or Wives, And alsoe to lease any other part of the said Premisses for any number of yeares not exceeding One and twenty yeares, and not exceeding one other third part of the cleare yearely value of the Premisses in order to raise Portions for his and their younger Children as by the said recited Actt amongst other things therein contained, relation being thereunto had more at large may appeare. And whereas by reason of one other Actt passed this present Parlyament in the twentyeth yeare of his now Majestyes Raigne Entituled An Actt for raiseing three hundred and ten thousand pounds by an Imposition upon Wines and other Liquors. And one other Actt passed this Parlyament in the two and twentyeth yeare of his now Majestyes Raigne Entituled An Actt for granting unto his Majestie an Imposition upon all Wines and Vinegar imported betweene the fower and twentyeth day of June thousand six hundred and seaventy and the fower and twentyeth day of June one thousand six hundred seaventy eight the prices of Wines have beene much raised, and the Retailers much discouraged from takeing Licence, Whereupon his Majestie hath thought it fitt and most advantagious for his Service that the Revenue ariseing by granting Licences to sell Wine by Retaile should be vested in his Majesty his Heires and Successors, And in compensation and full satisfacttion thereof hath agreed to and with his said dearest Brother James Duke of Yorke to grant and convey by his Letters Patents under the Great Seale of England hereafter to be made the yearely Rent or yearely Summe of twenty fower thousand pounds to be issueing out of that part of his Majestyes Revenue ariseing from the Excise of Beere, Ale and other Liquors which is setled upon his Majestie his Heires and Successors by vertue of an Actt or reputed Actt made in the Twelfth yeare of his Majestyes Raigne Entituled An Actt for takeing away the Court of Wards and Liveryes and Tenures in Capite and by Knight Service and Purveyance taken away and for setleing a Revenue on his Majesty in lieu thereof, And of another Actt passed in this Parlyament in the thirteenth yeare of his [now (fn. 3) ] Majestyes Raigne whereby the last mentioned Actt is confirmed, The which said yearely summe of twenty fower thousand pounds is to be issueing out of the Excise of Beere Ale and other Liquors ariseing and growing due unto his Majestie [out (fn. 3) ] of all and every the severall Countyes and Shires of Buckingham, Essex, Kent, Norffolke, Suffolke, Berkeshire, Bedfordshire, Cambridgeshire, Yorkeshire Hertfordshire and Somersetshire To have and to hold the said yearely Rent or yearely Summe of twenty fower thousand pounds soe issueing out of the said Countyes as aforesaid from the fower and twentyeth day of June which shall be in the yeare of our Lord One thousand six hundred seaventy and two unto the said James Duke of Yorke and the Heires Males of his Body begotten or to be begotten payable upon the fower most usuall Feasts in the yeare That is to say Upon the Feasts of Saint Michaell the Arch Angell, the Nativity of our Lord Christ, the Annunciation of the Blessed Virgin Mary, and the Nativity of Saint John the Baptist by even and equall portions, The first payment to beginne and be made at the Feast of Saint Michaell the Arch Angell which shall be in the yeare of our Lord One thousand six hundred seaventy and two, And with the like Powers for the said Duke and the Heires Males of his Body begotten or to be begotten to make provision for [his and (fn. 3) ] their Wives and Children as the said Duke and the Heires Males of his Body had in the Revenue of the Wine Licences setled upon him by the said first recited Actt of Parlyament. The which said yearely Summe of twenty fower thousand pounds his Majesty by his Letters of Privy Seale dated or to be dated on or about the eight and twentyeth day of September in the two and twentyeth yeare of his Majestyes Raigne did grant to be paid for two yeares to commence from the fower and twentyeth day of June in the two and twentyeth yeare of his Majestyes Raigne in such manner and by such quarterly payments as is therein mentioned for the payment thereof. Bee it therefore enactted by the Kings most excellent Majesty by and with the advice of the Lords Spirituall and Temporall and of the Commons in this present Parlyament assembled and by the authority of the same That the said Revenue of Wine Licences with all the Proffitts thereof together with all such Estate, Right, Title and Interest thereof which was setled upon the said Duke and the Heires Males of his Body begotten by the said first recited Actt of Parlyament together with all and every the Powers of granting Licences for the retaileing of Wines within the Kingdome of England, Dominion of Wales and Towne of Berwicke upon Tweede and all Benefitts, Proffitts and Advantages of the said Powers and alsoe all that moyety of the Forfeitures and all other the Forfeitures and Penaltyes for retaileing Wines without Licence incurred for any Offence which shall be committed after the fower and twentyeth day of June which shall be in the yeare of our Lord One thousand six hundred and seaventy except as is hereafter in this Actt excepted shall from and after the fower and twentyeth day of June in the yeare of our Lord One thousand six hundred and seaventy be setled and vested in his said Majesty his Heires and Successors discharged of all Joyntures and Powers of makeing Joyntures and Provisions for younger Children made by the said James Duke of Yorke if any such be for or notwithstanding any Actt, Matter or Thing contained in the said first recited Actt whereby the said Revenue is setled upon the said James Duke of Yorke in manner as aforesaid.

II. Proviso for a Moiety of the Forfeitures incurred before the 24th November 1670, and of Arrears of Rent to 24th June 1670, to the Duke.

Saveing and excepting out of this Actt unto the said Duke of Yorke all that moyety or moyetyes of all and every the Forfeitures and Penaltyes incurred or to be incurred for retaileing of Wines without Lincence before the fower and twentyeth day of November in the yeare of our Lord One thousand six hundred and seaventy. And alsoe reserveing to the said Duke all Rents and Arreares of Rents due on or before the twenty fowerth Day of June in the said yeare of our Lord One thousand six hundred and seaventy for the benefitt of the said Duke with the like Power to sue for the same as the said Duke had before the passing of this Actt Any thing therein contained to the contrary notwithstanding.

III. Letters Patent of the 1st Nov. 22 Car. II. For granting £24,000 per Annum to the Duke and his Heirs Male in lieu of the Wine Licences, to stand good in Law.

And bee it further enactted by the authoritie aforesaid That his Majestyes Letters Patents under the Greate Seale of England to beare date any time after the first day of November in the two and twentyeth yeare of his Majestyes Raigne or at any time hereafter to be made wherein and whereby there shall be granted or mentioned to be granted unto the said James Duke of Yorke and the Heires males of his Body begotten or to be begotten the said yearely Rent or yearely summe of twenty fower thousand pounds to be issueing out of his Majestyes Revenue of Excise of Beere Ale and other Liquors setled upon his Majesty his Heires and Successors in manner as aforesaid And out of the said Countyes of Buckingham, Essex, Kent Norffolke Suffolke Berks Bedfordshire Cambridgeshire Yorkeshire Hertfordshire and Somersetshire lyable to the payment thereof and to be paid at such dayes and times and by such proportions and subjectt to such powers for makeing Joyntures and Provisions for younger Children of the said Duke and of the Heires males of his Body begotten or to be begotten as shall be mentioned in the said Letters Patents or in any other Letters Patents or Writeings hereafter to be made for the granting conveying and setleing of the said yearely Rent or yearely Summe of twenty fower thousand pounds to the said Duke and to the Heires Males of his Body begotten or to be begotten, or which shall concerne the yearely payment of the said twenty fower thousand pounds unto the said Duke and the Heires Males of his Body, and alsoe his Majestyes Letters of Privy Seale for payment of twenty fower thousand pounds per ann? dureing the two yeares therein mentioned shall stand, be good effectuall [and (fn. 3) ] available in the Law to all purposes constructions and intents whatsoever.

IV. Proviso for Nonrecitals or Mis recitals in the same Letters Patent.

And alsoe it is hereby further enacted That all and every the Clauses Articles Provisoes, Reservations Powers Limitations and Agreements to be contained in his said Majestyes Letters Patents hereafter to be made, or in any other Letters Patents or Writeings hereafter to be made of for or concerning his Majestyes conveying and setleing of the said yearely Summe of twenty fower thousand pounds unto the said Duke of Yorke and to the Heires Males of his Body begotten or to be begotten, or of, for or concerning the yearely or quarterly payments thereof at such respective times as shall be appointed for the true payment thereof and every part thereof shall be and are hereby enacted to be good and effectuall in Law according to the tenour and purport thereof in the said Letters Patents to be expressed, Any misrecitall or non-recitall oo[m]mission or other defectt or imperfection in the said Letters Patents or Writeings made or hereafter to be made of for or concerning the granting of the said [yearely (fn. 4) ] Rent or yearely Summe of twenty fower thousand pounds unto the said Duke and to the Heires Males of his Body begotten or to be begotten in any wise notwithstanding.

V. By whom and how the £24,000 per Ann. is to be paid;

without Deduction.; Acquittance of the Duke, &c. to be a Discharge.

Provided alwayes and it is hereby further enacted and declared That the said yearely Rent or yearely Summe of twenty fower thousand pounds shall be paid unto the said Duke of Yorke and to the Heires Males of his Body begotten or to be begotten at the said fower usuall Feasts of the yeare by and from the immediate Hands of all and every the Farmers Coo[m]mis?ers Sub-Coo[m]mis?ers Receivers or Collectors for the time being of the said Revenue ariseing from the said Excise of Beere Ale and other Liquors in all and every the said Countyes or of any other person or persons who shall receive the said Revenue of the said Countyes before the same be paid into the Receipt of his Majestyes Exchequer without any abatement, deduction or defalcations whatsoever for or by reason of the payment of the same and that the Acquittance of the said Duke or of the Heires Males of his Body, or of his or their Receiver shall be a sufficient discharge to all intents and purposes whatsoever for the true payment thereof. Any Contractt Covenant or other matter or thing made or to be made to the contrary in any wise notwithstanding.

VI. The same to be paid Quarterly without Fee, &c.

And it is alsoe hereby further enacted and declared That the said yearely Rent or yearely Summe of twenty fower thousand pounds shall be satisfyed and paid unto the said Duke of Yorke and to the Heires Males of his Body begotten or to be begotten or to his or their Receiver Generall for the time being at the said fower usuall Feasts of Saint Michaell the Arch Angell, the Nativity of our Lord Christ, the Annunciation of the Blessed Virgin Mary and the Nativity of Saint John Baptist by equall portions without paying or allowing any Fees or other abatement whatsoever either in the said Court of Exchequer or to any Officers of the said Court or elsewhere upon payment of the said [yearely (fn. 4) ] Summe of twenty fower thousand pounds or upon payment of any part thereof.

VII. Commissioners, &c. neglecting Payment of the said £24,000;

the Duke may prosecute.

And if the said Farmers Coo[m]missers Sub Coo[m]missers Receivers Collectors or such other person or persons which shall receive the said Dutye of the said Countyes for the time being or any of them shall refuse or negclect to pay the said twenty fower thousand pounds per ann? or any part thereof to the said Duke and the Heires Males of his Body begotten or to be begotten. That then the said Duke and the Heires Males of his Body begotten or to be begotten may sue, prosecute and impleade the said Farmers Coo[m]missers Sub Coo[m]mis[sion]ers Receivers Collectors or such other person or persons as shall receive the said Duty of the said Countyes or any of them and all or any of their Securityes by Bill Plaint Action of Debt or Information either in his Majestyes Name or in his or their owne Names, and shall and may recover, have Judgement and Executions thereupon against the said Farmers, Coo[m]mis?ers Sub coo[m]mis?ers, Receivers, Collectors, or such other person or persons as shall receive the said Dutye in the said Countyes their Securityes or any of them their Executors or Administrators.

VIII. Proviso for Persons having sold Wines. by Retail before the 24th November 22 Car. II.

Provided alwayes That noe person or persons shall be sued, prosecuted, impleaded or molested for the selling and uttering of Wines by Retaile without Licence before the said fower and twentyeth day of November in the two and twentyeth yeare of his Majestyes Raigne or for any the herein before excepted Penaltyes and Forfeitures therefore incurred unlesse such person or persons already have beene or shall be sued, prosecuted and impleaded by some Action of Debt Bill Plaint or Information to be therefore commenced or exhibited before the fowerteenth day of February which shall be in the yeare of our Lord One thousand six hundred seaventy two. Any thing before contained to the contrary notwithstanding.