An Act for revesting the Power of granting Wine Licences in his Majesty his Heires and Successors and for C.II. p. 1. nu. 6. setleing a Recompence on his Royall Highnesse in liew thereof (1670)
| Artifact Summary | |
|---|---|
| Artifact type | Statute |
| Creator/author | Parliament of England |
| Date | 1670 |
| Period | Stuart |
| City and country of origin | |
| Abstract | |
Entry
[Statutes of the Realm, Vol. V (1625-1680), Anno 220 CAROLI, II. A.D.1670, CHAPTER XXVI.]
CHAPTER VI
Rot. Parl. 22 & 23 AN ACT for revesting the Power of granting Wine Licences in his Majesty his Heires and Successors and for C.II. p. 1. nu. 6. setleing a Recompence on his Royall Highnesse in liew thereof
Recital of 15 C. II. c. 14. §1
WHE
HEREAS in and by one Act passed this present Parliament in the fifteenth yeare of his Majestyes Raigne Entituled An Act 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 enacted 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] and Penalties which by vertue
§ 11. of a former Act therein recited was given to his Majestie his Heires and Successors. And therein it was [further'] 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 Act amongst other things therein contained, relation being thereunto had more at large may appeare
interlined on the Roll
• Forfeiture О
And whereas by reason of one other Act passed this present Parlyament in the twentyeth yeare of his now Majestyes Raigne Entituled An Act for raiseing three hundred and ten thousand pounds by an Imposition upon Wines and other Liquors. And one other Act passed this Parlyament in the two and twentyeth yeare of his now Majestyes Raigne Entituled An Act 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 satisfaction 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 Act or reputed Act made in the Twelfth yeare of his Majestyes Raigne Entituled An Act 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 Act passed in this Parlyament in the thirteenth yeare of his [now] Majestyes Raigne whereby the last mentioned Act 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'] 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')] 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 Act 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 enacted 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 Licenses 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 Act 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 Act 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 Act, Matter or Thing contained in the said first recited Act whereby the said Revenue is setled upon the said James Duke of Yorke in manner as aforesaid
SAVEING and excepting out of this Act 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 Licence 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 Act Any thing therein contained to the contrary notwithstanding
AND bee it further enacted 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
Letters Patent of the 1st Nov. granting £24,000 per Annum to the Duke and his Heirs Male in lieu of the stand good in Law
22 Car. II. for
Wine Licences, to
Proviso for Nonrecitals or Mis recitals in the same Letters
Patent
By whom and how the £24,000 per
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 subject 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 annu dureing the two yeares therein mentioned shall stand, be good effectuall (and'] available in the Law to all purposes constructions and intents whatsoever
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 ōmission or other defect 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'] 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
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 Ann. is to be paid; 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 Comissers Sub-comissers 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 Contract Covenant or other matter or thing made or to be made to the contrary in any wise notwithstanding
without Deduction. Acquittance of the Duke, &c. to be a Discharge
The same to be paid Quarterly without Fee, &c
VII. Commissioners, & c
neglecting Payment
of the said £24,000;
the Duke may prosecute
Proviso for Persons having sold Wines
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') Summe of twenty fower thousand pounds or upon payment of any part thereof
And if the said Farmers Comissers Sub comissers 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 neglect to pay the said twenty fower thousand pounds per annu 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 Comissers Sub comissers 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, Comisšers Sub comissers, 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
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 by Retail before the two and twentyeth yeare of his Majestyes Raigne or for any the herein before excepted Penaltyes and Forfeitures
24th November 22 Car. II
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
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