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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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The CASE of many Thousands of His Majesty's Subjects who for Valuable Consid●rations are Entituled under the Letters Patents of King Charles the Second to Annual Sums out of the Hereditary Revenue of Excise IN the Nineteenth Year of the Reign of His late Majesty King Charles the Second passed an Act of Parliament for Assigning Orders in the Exchequer without Revocation made as is therein expressed for the Advantage of the Trade of this Kingdom and for Seven Years to give Credit to His Majesty's Exchequer also for payment of Moneys that should be Charged on any Branch of His Majesty's Revenue c. The said Act encouraged several Goldsmiths and Others to Advance great Sums to serve publick Occasions which had not been advanced but upon the Reputation of that Act. But notwithstanding the Encouragement given in that Act His said Majesty in Council on the Second of January 1671 72 declared That his Necessities forced him to postpone Payments of Money for One Year And to that purpose was then published his Declaration to put a stop to Payments in the Exchequer and to Command the Lords of the Treasury that they should employ and dispose of all the Moneys so stopped for setting forth and payment of the Fleet and other publick Services in order to the Preservation and Safety of His Majesty's Government and Defence of His People By the said unusual stop upon Payments in the Exchequer the said Goldsmiths were unable to pay their Debts Whereupon His Majesty to Remove the great Difficulties which very many of His Subjects lay under by the said stop of Payments And for want of a more effectual Relief was pleased in April 1676 to direct the then Lord High Treasurer to cause the Accounts of those persons whose Payments in the Exchequer were so stopped to be truly Examined and exactly Stated which Matter his Lordship referred to the Consideration of Sir John Ernle Sir Robert Howard Charles Bertie Esq Sir George Downeing Sir Charles Harbord and Mr. Auditor Aldworth then Members of the House of Commons who having frequently debated and seriously considered thereof declared to his Lordship That they were fully satisfied in each respective person's Account and had nothing further to Offer or Object in relation thereto And then by his Lordship's Order the said Auditor made up those several Accounts with the Interest due thereon to the First of January 1676 after the Rate of Six Pounds per Cent. per Annum and each of the persons concerned having Sworn to the Truth of his Account before One of the Barons of the Court of Exchequer they were approved of and signed by the said Sir John Ernle as he was Under-Treasurer and Chancellor of the Exchequer as also by the said Lord-Treasurer who then were His Majesty's proper Officers for passing Accounts and under Oath faithfully to discharge those Offices of Trust So they having in due Form passed those several Accounts the Lord High Treasurer in February 1676 Reported them to His Majesty in Council And in lieu and satisfaction of the Moneys due upon those Accounts to each Respective person his said Majesty by his Letters Patents under the Great Seal of England did about April and May 1677 Grant to them their Heirs and Assigns and for the benefit of their Creditors a yearly Rent or Sum for ever payable out of the Hereditary Revenue of Excise equal in Value to the Interest of each Respective Debt after the Rate of Six Pounds per cent per Annum with a Clause of Redemption upon his Majesty's paying the Principal-Money with the Arrears of Rent The said Rent or Annual Sums to be paid Quarterly upon Talleys to be struck in the Receipt of the Exchequer upon the Commissioners c. of the Excise And his said Majesty by the said Patents Directs and Commands the Treasurer c. Barons and Officers of the Exchequer of the King his Heirs and Successors That they do from Time to Time perform all Acts necessary for the constant payment of the Money and from time to time Levy and Strike Talleys without any further Warrant so that those Yearly Sums may be constantly paid without any further or other Warrant to be sued for from the King his Heirs or Successors And if the Money should happen to be paid into the Receipt of the Exchequer that then the High-Treasurer and Commissioners of the Treasury Under-Treasurer Chamberlains and Barons of the Exchequer for the Time being and all other Officers and Ministers of the Exchequer and of the Receipt thereof are authorized and required to pay out of such Moneys as shall be so paid into the Exchequer or elsewhere so much as shall be in Arrear without any further or other Warrant and the said Payments to be preferred before any other Payment out of the same by Vertue or Colour of any Warrant Order or Directions whatsoever of any After-date excepting for the Management of the said Revenue and about 36209 l. 15 s. 4½ a Year to the then Queen-Consort and the Duke of York Also his Majesty thereby Granted That those Letters Patents should be Expounded and taken most favourably and beneficially for the Patentees and their Assigns also Covenanted to make further Assurance if required And on the 23d of May 1677 Ordered in Council That the said Letters Patents should be printed and made publick for the Information and Satisfaction of the Creditors of the said Goldsmiths And pursuant thereto the said Patentees and their Assigns were paid in the Reigns of King Charles the Second and King James the Second to Lady-day 1683 but not any part since that time notwithstanding all due Applications to that purpose Which Occasioned the Proprietors to have many Thoughts which way to be Relieved And upon their applying to the Members of the Honourable House of Commons to know if it was not proper for them to Offer their Case to their Committee of Agrievances They advised first to prosecute their Legal Remedy which through great Difficulties hath been Effected by Ten Years Labour and great Charge Their Titles under the said Patents have been solemnly allowed to be good by the several Judgments given in the Court ot Exchequer for the Patentees and their Assigns And although by Writs of Error the said Barons Judgments were brought before the then Lord-Keeper of the Great Seal in the Exchequer-Chamber where the Judges of the King's-Bench and Common-Pleas all agreed That those Patentees and their Assigns have a Legal Title Also all the Judges but One agreed That the Jurisdiction of the Court of Exchequer according to ancient Presidents is sufficient and ought to direct Payments of Money out of the Exchequer or elsewhere when a Legal Title is brought before them But the said Judgments of the Barons being Reversed by the Lord-Keeper and a Writ of Error being allowed in Mr. Williamson's Cause against the said Judgment of Reversal the last Session of Parliament the House of Lords had the Records of the said Proceedings brought