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A35625 The case of many thousands of His Majesty's subjects who for valuable considerations are entituled, under the letters patents of King Charles the second, to annual sums out of the hereditary revenue of excise. 1699-1700? (1700) Wing C946; ESTC R221498 4,789 1

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before their Lordships and upon their hearing Counsel on both sides as also the Judges Opinions their Lordships Reversed the said Lord-Keeper's Judgment of Reversal and affirmed the Judgment of the Barons of the Court of Exchequer and Remitted the same to the said Barons to make Execution accordingly which the Barons have also Awarded by their Writ of Execution carrying with it a Liberate or Warrant to the Commissioners of the Treasury and Chamberlains of the Receipt to pay the Arrears to Christmas 1699 and that for the Quarterly payments after the said time 〈…〉 upon the Commissioners c. of the Excise to the said Williamson as they grow due pursuant to the said Letters Patents and accordingly Demands have been made by the said Williamson of the Commissioners of the Treasury and Chamberlains of the Receipt who have made payment thereon ☞ If Demanded What does these Proprietors expect from the Parliament now they are to provide for Deficiencies and the Nation 's Safety c. It is Answered They neither design to hinder other Business nor expect any new Fund but pray that they may enjoy the Fruits of their Legal Estates according to the Relief which the Law hath given them and not be obstructed therein by a Scruple made by the King's Counsel in the Court of Exchequer when the Barons Awarded the said Writ of Execution Viz. That there is not any Saving for these Proprietors Estates out of the Hereditary Excise which is one of the Revenues in the Act for Granting to His Majesty a further Subsidy of Tunnage and Poundage towards Raising the Yearly Sum of Seven hundred thousand Pounds for the Service of His Majesty's Houshold and other Uses c. And the Overplus is not to be disposed of without Authority of Parliament So from thence they infer That these Proprietors are thereby debarred the Payment of their Annual Rents or Sums from Christmas 1699 when that Act Commenced during His Majesty's Life And the said Barons refusing to give their Opinions of the said Act as to this Matter unless it were with the Rest of the Judges they Awarded the said Execution for Payment out of the Money arising from the Hereditary Excise Not otherwise disposed or applied by Authority of Parliament nor forbid or restrained to be disposed or applied without Authority of Parliament Upon a Petition in the Honourable House of Commons at the Passing that Act for a Saving of these Proprietors Legal Rights it was there debated and agreed to be needless because that Bill no ways affected their Estates nor any Saving made therein for any other Persons who are also Entituled unto several Estates from the Crown However to satisfy them it should not Injure them was put in the word hereafter in the Sentence That all Grants and Dispositions whatsoever hereafter to be made of such Overplus c. shall be void which their Counsel also took to be an Allowance of their Patents His Majesty having the Four and Twenty Thousand Pounds a Year which is Excepted in their said Patents for the Duke of York and also the Remainder of the Hereditary Excise which was King Charles the Second's after Payment of the said Patentees and their Assigns what due to them they could not have been part of the Provision for His Majesty's Houshold c. unless the Act for Raising that Duty had been mentioned in the Preamble amongst the other Revenues out of which His Majesty 's said Seven Hundred Thousand Pounds a Year should arise but all those Branches were His Majesty's Revenues excepting the Customs therein mentioned before that Act was made so they neither needed Granting or was thereby Granted to His Majesty but stood in all respects betwixt the King and private Persons in the same Condition as they were in before the Passing of that Act. The said Act did not Commence until near Two years after it was Enacted that the Talleys therein mentioned might first be paid but there is not therein any word tending to a Resumption of any Grants or Annual Payments nor a Saving for any persons Rights or Titles out of any of those Revenues not so much as for Charges in Collecting And in the Enacting-part is only an Appropriating of the King 's Clear Money out of all those Branches of Revenue But the said Scruple tends to the Ruin of Thousands of the Subjects of this Kingdom by depriving them of the Fruits of their said Estates in Fee unless they shall be Redeemed by Payment of the Principal-Money and the Arrears thereof Although in the said Act neither their Persons nor Titles are so much as mentioned nor any Reason therein given for doing these proprietors such an Injury whose Titles being purchased for valuable Considerations they are in no particular inferior to the best of Titles from the Crown Considerations on the Premises as followeth I. That these Patentees Moneys which were advanced by Encouragement of the said Act of Parliament of the 19 Car. 2 di were in an unusual manner stopped in the Exchequer and that they were forced for their Relief to deliver up their former Orders and Securities and in lieu thereof to accept of Patents for Annual Sums payable out of the Hereditary Revenue of Excise II. That the said Excise is neither part of the ancient Demesnes nor came to the Crown by the Expence of either Subjects Blood or their Money but it is an Estate in Fee which was Granted by the Parliament to King Charles the Second in lieu of the Court of Wards and Liveries and Tenures in Capite and by Knight's Service and Purveyance which were Prerogatives thought grievous to the Subjects and by the same Act released and discharged so that Revenue was no ways appropriated to publick Uses III. That these Patentees and their Assigns Titles to the said Annual Sums and to the Arrears thereof were approved of by Payments in the two last Reigns and also since by the most Solemn Prosecution that could be at Law and payment hath been made pursuant thereto So these Proprietors have reason to expect the Fruits thereof which they ought to have Annually with preference in Payment unless their Respective principal Sums with the Arrears then due shall be paid to the Owners thereof And by the Act for Provision for His Majesty's Houshold c. the same is to arise out of the Clear Money from those Branches of Revenue therein mentioned But until the Queen-Dowager's 12209 l. a Year and the 24000 l. a Year to the then Duke of York as also the said Proprietors Annual Rents and Arrears therof shall be satisfied there cannot arise any Clear Money out of the Hereditary Revenue of Excise These Proprietors having laid before the Honourable House of Commons their Just and Legal Titles depend upon the Preservers of their Properties that when the Act for Provision for His Majesty's Houshold c. shall be considered their said Estates may be preserved to the Owners thereof And the many Persons distressed for want thereof Delivered from Hospitals Gaols and Beggary