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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A53431 Observations upon the acts for annuities Orme, Thomas, d. 1716. 1700 (1700) Wing O436A; ESTC R216597 3,395 5

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Errata in the Appeal PAge 8. l. 10. for no Child read nor Child p. 27. l. 31. for disper'd read dispers'd p. 39. l. 33. for I thing read I think In the Observations p. 7. agitur paries cum proximus p. 12. l. 20. 80000. p. 20. l. 21. Ostende OBSERVATIONS Upon the ACTS for ANNUITIES THE Acts for Annuities are Four whereby two considerable Supplies for the War have been granted upon one Fund The two first Acts raised a Million as speedily as could be imagined the two last for 618000 l. have not yet raised that Sum The Reasons will be endeavoured to be observed by this Paper and the Remora's will be attempted to be removed with regard to and also preservation of His Majesty's Interest and Prerogative with the Honour and Methods of Parliament and also the publick and private Property of very many Subjects Which with Submission to better Judgments the first rub or difficulty that seems to be in the way for hindring the raising the last Sum is a Clause in the first Act Fol. 221. which says That no Contributers to the Million shall advance any further Sum upon the Terms or Advantages This Clause may be said to be Superceded or Repeal'd by the two last Acts which yet is only consequentially for neither of the two last Acts take notice of that Clause expresly Secondly Both the first Acts for the Million seem to take especial Care that His Majesty shall not raise any Sum upon that Fund exceeding the Million and there seems to be a labour to prevent the King's disposal of any Sum that shall rise upon this Fund in case it shall raise in any Year or Years any Sum or Sums over and above the Security or Compensation for the Million And if it shall happen to raise more it is called a Surplus which has a Ba● over it not agreeable with the Title of a Gift and may be f●rther taken notice of hereafter The Third Observation of these Acts is that in case the Sum shall full short of what is intended to be raised then there is allowed a borrowing Clause which is but 5 l. per Cent which being less than the King allows in other Cases and by other Acts is the reason why the Sum of 618000 l. intended for the War is not raised by borrowing though the Fund should come up to the full expectation and a Surplusage which is fear'd by many and therefore unwilling to venture the Purchasing the remaining years after the Life they have already But that Jealousie may be removed if we get over this last Observation which is Fourthly That none of the Four Acts take particular notice of Nominees dying which will make the most material part of this Discourse In the first place some are of Opinion that all such Annuities by the first Acts as cease by the Death of the Nominee or Nominees shall come within the Acceptation of a Surplusage and that they are the King 's and his Heirs which with submission to better Judgments I cannot comprehend by these Acts to be a Surplusage but rather a Gift of Providence than a Gift of the Parliament But whether it be determined a Surplusage or not the Limitation lessens the Grant and appears to be a clipping the Wings of the Gift if not of the Prerogative But to stick close to the business of these Acts for Supplies to the War at present the 618000 l. cannot be raised by these last Acts because none of them take notice directly of the Nominees deceased which ought to be in being as a foundation for a Sale of further Term or Years And it is natural to conclude that had the Parliament taken notice of Nominees deceasing they would have set more Years than Five for the Purchases and yet on the other hand it would have sounded harsh to Debate or Vote the Sale of what was faln to the King yet that waved the King is supposed to have a greater Sum for the War than is really raised It is confessed the Crown may have the Sum in Reversion if the Fund answers expectation But that does not keep up the Met●●ds of Parhament for raising the express Sum to carry on the War unless the King borrows upon it which at 5 per Cent. he is not like to do for the Reasons above Moreover it is the Discourse of many Nominees in being that the Fund falls short of satisfying the Survivorships and Nominees in being at 14 l. per Ann. which is another Discouragement of purchasing the Years over and therefore hope and expect that what shall fall by Deaths shall be employed to their satisfa●●ions which being allow'd the King has neither the Five Years 〈◊〉 p●esent for the War ●●cording to the Intent of the Acts no● 〈◊〉 the Fund to borrow upon the consequence whereof will ad●●● o● a longer Discourse than I shall presume upon My business at present being only to take off Jealousies and clear the Mistakes that seemingly appear Which to do effectually I must first be assisted by a Me●●● out of my Compass that is The Examination of the Accounts as the A●ts appoint for those will demonstrate what the Fund affor●s and also the number of the Nominees dead whereby will appear the defect of the Sum expressed and rely'd upon and then the Ways and Means to supply the deficiency will be the easier undertaken To which I shall humbly offer this further In case the Fund shall fall short for raising the 618000 l. according to the Intention of the Acts then the Parliament will see the Difficulties the King has been under and consequently for their Honour will find a Supply In case the Fund answers the Intention by Publishing the same all Jealousies are taken off from the Nominees in being and those that have not purchased the Term over ought to declare whether they will purchase or not for many may be willing to purchase that are not willing to break the civil Methods that is to purchase over another Man's head It is confessed the two last Acts have given time for Persons in possession to come in and after the limitation freedom to others but the Reasons above have caused a slackness And moreover some living have been fearful that if the Fund shall hold up to the expectation many Nominees being dead the Reversion unpurchased the Parliament ta●ing notice thereof may in the end of a Session wanting a little Sum 〈…〉 f●rth●r Charge upon it which will continue a 〈…〉 ●bject and take off all prospect of Advantage to the King Therefore taking all the Premis●● together they raise a determination that it 's requisite or necess●●● 〈◊〉 the ●o●r Acts b● reviewed and if what ha● been obse●ved 〈◊〉 true then a Fifth may ensue which may bring all to Accom●●●ati●n for which every Paragraph hitherto is but as so many 〈◊〉 Wheels or Movements in Clock-work wanting the most material part or principal Spring to set all agoing rightly according to my undertaking in the beginning Which when I explain if the Reader be not Courteous he will suddenly conclude all this is but as a Windmil puft about with Self-Interest I will confess there is something of that in the bottom and I hope I may be pardon'd if I say I see few move in the World that have not something tending that way and if I should stand as a mark at Charing-Cross to be flung at by any one that comes that way without some Selfishness I might come off without a Broken Head And if my Endeavours for the preservation of the Laws established the undertakings and sufferings for preventing Arbitrary Power and Popery without Designs in those points for Self-Interest were as well known as these Acts are of concern perhaps I should not be deeply censured for putting my self into a publick concern for some recompence which I hope the Reader will allow to be modest for I do refer my self to the King and Parliament to give me what proportion or scantling of time they shall think fit if I live to the enjoyment of what I aim at after the Government has moved according to its own steps for I ask no profit till the King and his People have reaped their hoped for Satisfaction in case they allow or approve the Hinge all this former discourse hangs upon which in conclusion is thus That his Majesty nominate a Nominee or Nominees to supply the places of those dead as a Foundation to Purchase upon at five Years that is paying Seventy Pounds into the Exchequer for each Fourteen Pound per Annum and so proportionably for greater Sums for which his Majesty to allow so many years for Principal and Interest and also to me as Conduit Pipe or Nominee such time as his Majesty with the Parliament shall think fit during which time Tallies to be given and Payments equivalent with the original Purchasers according to the methods of the Acts. And after the Expiration of the time limited to revert to the King and Crown clear and not chargeable by Parliament nor to be disposed of so as to lessen the security of others in case the Fund shall fall short Nor shall any allowances be made to any person whatsoever till the Seventy Pounds and so upwards be first paid into the Exchequer for a Tally or Tallies which with submission to Persons of better Experience in Affairs comprehends the Intentions of all the Acts with Honour and Interest to all in general and particular In which if I mistake I ask pardon and shall for the future endeavour to spend the short time I have left in absolute Obscurity FINIS