THIS INDENTURE made the Twelfth day of July, An. Dom. 1669. and in the One and twentieth year of the Reign of our most Gracious Sovereign Lord Charles the Second, by the Grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, &c. BETWEEN the said Kings Most Excellent Majesty on the one part, and John Forth Alderman, and now one of the Sheriffs of the City of London, William Bucknall, William Dashwood, Philip Jemmet, and John Breedon of the City of London Esquires, Iames Hayes of Lincolns-Inn in the County of Middlesex Esq Dannet Forth and George Dashwood of the City of London Esquires, William Muschamp and Humphry Taylor of Dublin in the Kingdom of Ireland Esquires, and Ralph Bucknall of the City of London, Esq on the other part. WHEREAS in our Parliament begun and held at Dublin upon the eighth day of May, in the thirteenth year of His Majesties Reign, and there continued by several Proroguations unto the twenty sixth day of October, in the seventeenth year of His Majesties Reign, several Acts of Parliament were passed during the several Sessions of the said Parliament, for the better ascertaining, setling, establishing and declaring of His Majesties Revenue in His said Kingdom of Ireland; and amongst others, one Act was passed, Entituled,A recital of the Acts touching the Kings Revenue in Ireland, from the 8. of May in the 13, to the 6th of Octo. in the 17 year of His Reign. An Act for setling the Subsidie of Poundage, and granting a Subsidie of Tunnage, and other sums of Money unto His Royal Majesty, His Heirs and Successors; the same to be paid upon Merchandizes imported and exported into, or out of the Kingdom of Ireland, according to a book of Rates hereunto annexed: And also one other Act, Entituled, An Act for the setling of the Excise or New Impost upon his Majesty, his Heires and Successors, according to the book of Rates therein inserted: And also one other Act, Entituled, An Act for the Improvement of his Majesties Revenues upon the granting of Licenses for the selling of Ale and Beer: And also one other Act, Entituled, An Act for establishing an additional Revenue upon his Majesty, his Heirs and Successors, for the better support of his and their Crown and Dignity: And also one other Act, Entituled, An Additional Act for the better ordering and collecting the revenue arising by Hearth-mony: And also one other Act, Entituled, An Act for the better ordering the selling of Wines, and Aqua-vitae, together with all sorts of Strong Waters by retaile: And also one other Act, Entituled, An Act for the better Execution of his Majesties Gracious Declaration for the settlement of his Kingdom of Ireland, and satisfaction [Page 2] of the several Interests of Adventurers, Souldiers, and other His Subjects there: And also one other Act, entituled, An Act for the explaining of some doubts arising upon an Act entituled, An Act for the better Execution of His Majesties gracious Declaration for the settlement of his Kingdom of Ireland, and satisfaction of the several Interests of Adventurers, Soldiers, and other his subjects there, and for making of some alterations of, and additions unto the said Act, for the more speedy and effectual settlement of the said Kingdom. And whereas also His Majesty is pleased to demise, and to farme let all and every the Branches of his Revenue herein before mentioned, and all other Branches of his Revenue of that nature, whether the same do arise by virtue of all, every, or any the Acts aforesaid, or by virtue of any other Act, Statute, Custome, or Prerogative Royal, or whatsoever, touching or concerning the premises, or any other part thereof, together with several other duties and payments herein after mentioned. And whereas also the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphry Taylor, and Ralph Bucknall, have offered to farm of His Majesty the Branches of his Revenue aforesaid, and other the duties and payments hereafter mentioned, and to take a Lease of so much thereof as is now out of Lease, for the terme of seven years, beginning at the Feast of the Nativity of our Lord now last past before the date hereof; and to take a Lease of the residue thereof as soon as the respective Leases now in being shall expire, during the residue of the said seven years; and to pay for the same during the first year, in consideration of the Quit-rents, Hearth-mony, Wine-licenses, and such other Revenue as shall be injoyed during that year, the Rent of fourscore and eleven thousand and five hundred pounds; and from thence during the second year, to pay a further encrease of Rent of seventy five thousand pounds more, A Recital of the Rents during the whole Lease. in consideration of the Customes and Imported excise, which during that year will come into possession; in all, during that year, one hundred sixty six thousand and five hundred pounds; and during the third year, to pay two hundred and six thousand two hundred and fifty pounds; that is to say, forty one thousand six hundred twenty five pounds, part thereof at our Lady-day one thousand six hundred seventy and one, and the residue thereof at the three following quarter-dayes of that year, that is to say, on each quarter-day fifty four thousand eight hundred seventy five pounds, in consideration of the Inland Excise, and Ale and Beer Licenses, which on the twenty fifth day of March 1671 will come into possession: And also to pay during the four last years for the whole, two hundred and nineteen thousand and five hundred pounds yearly by quarterly payments: and to pay down by way of Advance the sum of threescore and ten thousand pounds in manner following, That is to say, upon every first Monday in every Month after the sealing of these presents, to pay down by way of advance into His Majesties Exchequer at Dublin, the full sum of ten thousand pounds per mensem, over and above the Rent by these presents [Page 3] reserved, untill the whole sum of threescore and ten thousand pounds shall be fully paid in and advanced, as a security for the better payment of the Rent herein reserved; and to let the same remain in His Majesties hands during the first four years of the said Term, at ten pounds per Cent. according as Interest is payable by the Laws of Ireland; so as after the first four years they might have liberty to reimburse themselves, by way of retayner, out of their rent, as much of the said seventy thousand pound as they shall think fit; they first giving unto His Majesty such sufficient security for the payment of the rents herein reserved, during the residue of the said seven years, as the Lord-Lieutenant, or other chief Governour or Governours of Ireland for the time being shall think fit to accept and allow of; so as the interest thereof at the rate of ten pounds per Cent. so long as the same shall remain in His Majesties hands, may be paid quarterly by way of deduction out of the Rent hereby reserved. Which said offers and proposals having been made to the Right Honourable the Lords Commissioners of His Majesties Treasury, their Lordships upon due consideration hereof had, did represent the same unto His Majesty in Councel; and afterwards, by vertue of, and in pursuance of an Order made by His Majesty in Councel, bearing date the eleventh day of November now last past, did proceed to a full and final agreement and conclusion touching the same.
Now this Indenture Witnesseth, That the Kings most Excellent Majesty, for, and in consideration of the sum of seventy thousand pounds so as aforesaid to be advanced and paid in, which said sum of seventy thousand pounds, they the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphry Taylor, Ralph Bucknall, and every of them, do Covenant to pay unto our Soveraign Lord the King at his Receipt of Exchequer at Dublin, over and above the Rents herein afore-mentioned, by the proportion of ten thousand pound per mens. untill the whole be advanced and paid in; the first payment of the said ten thousand pound per mens. to begin in the first moneth after the date of these presents; and that the whole seventy thousand pounds be left in His Majesties hands for four years, and from thence untill the end of the terme, unless other sufficient security for payment of the rent be given in lieu thereof, according to the intent and meaning of the said proposal aforementioned. And also for and in consideration of the yearly rents herein and hereby reserved, and of other the Covenants, Provisoes, Conditions, and Agreements herein after-mentioned, on the parts and behalfes of the said John Forth, VVilliam Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphry Taylor, Ralph Bucknall, to be paid, done and performed; and for divers other good causes and considerations His said Majesty thereunto especially moving, HATH, by and with the advice of the Lords Commissioners of His Treasury, and others of His Majesties most honourable Privy Council, and [Page 4] of His especial Grace, certain knowledge, and meer motion, demised and granted, and to farme letten, and by these Presents for His Highness his heirs and Successors, doth demise, grant, and to Farme let unto the said John Forth, William Bucknall, William Dashwood, Phillip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, all that the Annual rate, duty, charge, or imposition of two shillings sterling by the year, due and payable to His Majesty, his Heires and Successors, for, or in respect of any Fire-hearth, or other place used for Firing and Stoves, within any House or Edifice, and which at any time after the Feast of the Nativity now last past, unto the Feast of the Nativity which shall be in the year of our Lord One thousand six hundred seventy five, shall or may from time to time, during the terme aforesaid, become due and payable, or are appointed to be paid unto His Majesty, His Heires and Successors, by virtue of the said late Act Intituled, An Act for establishing an Additional Revenue upon His Majesty, His Heires and Successors, for the better support of His and their Crown and Dignity; And of the said other Act, Intituled, An Additional Act for the better ordering and collecting the Revenue arising by Hearth-Money or otherwise howsoever; And also all and every the powers, liberties, priviledges, profits and advantages, in and by the said Acts, or either of them, vested in His Majesty; and also all those Rates, Charges, Duties, Impositions, Payments, and Sums of Mony due and payable to His Majesty, by such person or persons who now are, or at any time before the Feast of the Nativity, which shall be in the year of our Lord 1675, shall be licensed to utter and sell, by way of Retaile, in their respective houses, any Wine, or Aqua-vitae, Ʋsquebagh, Brandy, Balkan, or any kind of distilled strong-waters or spirits; and all other duties and sums of Money of that nature, which by vertue of the said late Act of Parliament, Entituled, An Act for the better ordering the selling of Wines, and Aqua-vitae, together with all sorts of strong-waters by retaile, or otherwise howsoever, have grown due, or shall or may at any time after the Feast of the Nativity of our Lord now last past, unto the Feast of the Nativity of our Lord which shall be in the year of our Lord 1675 inclusive grow due and renew, or from time to time during the terme aforesaid, ought to become due and payable, and are appointed to be paid to His Majesty, His Heirs and Successors, or any of them; and all other the benefits, profits and advantages of the said Act; and also all those annual Quit-rents, and payments of three pence per Acre, yearly, for every acre of English measure within the Province of Leinster in the Realm of Ireland, and of two pence farthing per acre yearly for every acre of English Measure within the Province of Munster in the Realm of Ireland, and of one penny half peny per acre yearly for every acre of English measure within the Province of Connaught in the Realm of Ireland, and of two pence per acre yearly for every acre of English measure within the Province of Ulster in the Realm of Ireland, and of one shilling six pence yearly out of every twenty shillings Rent for which any Houses or Tenements in [Page 5] any the Corporations in Ireland which have been allotted to any person or persons, their heirs or assigns, in or towards satisfaction of any arrears due to any Commissioned Officers who served his Majesty or his Royal Father in the Wars of Ireland, upon or before the fifth of June, 1649, have been or shall be let or demised: And all and every the Annual Quit-rents, and payments of that nature, which by vertue of the said late Act, entituled, An Act for the better execution of his Majesties Gracious Declaration for the settlement of his Kingdom of Ireland, and satisfaction of the several Interests of Adventurers, Souldiers, and other his Subjects there; And of the said other Act, Entituled, An Act for the explaining of some doubts arising upon an Act, Entituled, An Act for the better execution of his Majesties Gracious Declaration for the settlement of his Kingdom of Ireland, and satisfaction of the several Interests of Adventurers, Soldiers, and other his Subjects there; and for making some Alterations of, and additions unto the said Act, for the more speedy and effectual settlement of the said Kingdom, or by any other Act of Parliament whatsoever, or otherwise howsoever,From Christmass last, untill Christmass 1675, inclusive. shall or may at any time after the Feast of the Nativity of our Lord God now last past, and before, and untill the Feast of the Nativity of our Lord God, which shall be in the year of our Lord 1675 inclusive, grow due and payable, or from time to time during the terme aforesaid ought to become due and payable, and are appointed to be paid unto his Majesty, his Heires and Successors, or any of them, by or from all, every, or any of the Adventurers or Soldiers, their Heires or Assignes, setled in any Lands, Tenements or Hereditaments by vertue of the two Acts of Parliament last before mentioned, or either of them, and by or from all and every person and persons restored unto, and reprized for his and their estate and estates, and by vertue of both or either of the Acts aforesaid, and by or from such Commissioned Officers who served his Majesty or his Royal Father in the Wars in Ireland at any time before the fifth of June 1649, their heirs or assigns respectively, and by or from any other person or persons whatsoever. All which said annual quit-rents and payments are by the latter of the said two Acts of Parliament last mentioned, commonly called the Explanatory Act, charged upon, and enacted to be issuing out of all Lands whatsoever, which by the said Explanatory Act, or by the said former Act, commonly called the Act of Settlement, were vested in his Majesty, or restored by any Decrees in the said Explanatory Act confirmed or setled, or mentioned to be disposed, restored, confirmed, or setled unto or upon any person or persons, bodies politick or corporate, by vertue of any clause in both or either of the said Acts contained, and not particularly by plain and express words excepted from quit-rents in the same clause, and no other person or persons, bodies politick or corporate whatsoever; and out of all and singular the Lands appointed to be set out for augmentation of Bishopricks, for endowment of Parochial Churches with Gleabe, for the better support of the Provost, or of the Provost and Fellows of the Colledge of Dublin, for the maintainance of the Fort at Duncannon, [Page 6] and the benefit of the Corporation at Bandon Bridge; and out of all the Lands injoyed by transplanted persons in the Province of Connaught, or the County of Clare; and out of all other the Lands seized, sequestred, or set out by reason of, or upon account of the late Rebellion or War, (the Lands of James Duke of Ormond, Elizabeth Lady Duchess of Ormond, the Earl of Burlington and Cork, the Earl of Roscomon, and other the Protestants of Ireland heretofore sequestred, only excepted.)
AND His Majesty of his further especial grace, certain knowledge and meer motion, HATH demised and granted, and by these presents for his Highness, his heires and successors, doth demise and grant unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphry Taylor, and Ralph Bucknall, all and all manner of chief-rents, rents service of Inheritance, rents of Assize, And also all other rents. rents charge, rents seck or dry rents, fee-farm rents, rents reserved upon Leases which were made for 21 years or more, Assart rents, rents due for Purprestures arented, Copyhold-rents, and all other certain and ancient Crown-rents yearly payable unto His Majesty his Heirs or Successors within the said Realm of Ireland, and which at any time after the Feast of the Nativity of our Lord now last past, and before,Payable to His Majesty His Heires and Successors, from Christmass last to Christmass 1675. or untill the Feast of the Nativity of our Lord which shall be in the year of our Lord God 1675 inclusive, shall or may grow due and payable, or from time to time during the terme aforesaid of right ought to be paid unto his Majesty, his Heirs or Successors, by any person or persons, bodies politick or corporate, by reason of any Tenure, Charter, Patent, Lease, Demise, or Grant made for the Terme of 21 years or more, or to be made of any Messuages, Mannors, Lands, Tenements, or Hereditaments, or of any Rights, Royalties, Liberties, Priviledges,Except all annual quit-rents, whereof any grant or release hath been made by His Majesty, bearing date before Michaelmass last past. Franchises and Immunities whatsoever. Except and alwayes reserved out of this present Demise, all and every such annual quit-rents and payments of three pence per acre in the Province of Leinster, two pence farthing per acre in the Province of Munster, two pence half peny per acre in the Province of Connaught, and two pence per acre in the Province of Ʋlster, and of one shilling six pence out of every 20 shillings yearly, for which any Houses in Corporations which have been allotted towards satisfaction of any arrears due to any Commissioned Officers who served His Majesty or His Royal Father before the 5 of June 1649 in the Wars of Ireland, have been or shall be let or demised, whereof any Grant or Release hath been made by His Majesty to any person or persons by vertue of any Letters patents under the Great Seal of England, or under the Great Seal of Ireland, bearing date before the Feast of S. Michael the Arch-angel now last past, and next and immediately preceding the date of these presents. And also except and alwayes reserved out of this present Demise, all and every the yearly rents, duties, and sums of mony heretofore reserved, and which of right still are and ought to be due and payable unto His Majesty, his Heirs and Successors, for or in respect of one or more Lease or [Page 7] Leases heretofore made, and yet in being, of all and singular the Customes and Subsidies of Tonnage and Poundage; And the present farm of the Customes. and all other sums of Mony due and payable in lieu of Custome, and of all those Rates and Duties of Excise due and payable to His Majesty, his Heirs and Successors, for or by reason of any Goods, Wares, or Merchandizes imported into the Realm of Ireland. And also for and in respect of one or more Lease or Leases heretofore made, and still in being, of all and singular the Rates and Duties of Excise due and payable to His Majesty, his Heirs or Successors,And also of the Excise. for or by reason of any Beer, Ale, Aqua-vitae, and other liquors Exciseable, for or by reason of any Goods, Wares, Merchandizes, or other commodities, of the growth, production, or manufacture of the Realm of Ireland, commonly called, The Inland Excise: And of all other rates and duties due and payable unto His Majesty, his Heirs or Successors, for or in respect of any Licenses granted or to be granted for selling of Ale and Beer by retaile: all which rates and duties,And Ale and Beer Licenses. or the rents thereupon reserved, during the continuance of the said several and respective termes and Leases, shall remain and be payable unto His Majesty, his Heirs and Successors; any thing herein before contained to the contrary notwithstanding.
TO HAVE AND TO HOLD all and every the Rates, Charges, The Habendum. Duties and Impositions of two shillings sterling by the year, which by vertue of the said late Act for the establishing an additional Revenue upon His Majesty, his Heirs and Successors, for the better support of His and their Crown and Dignity; and by vertue of the said late additional Act for the better ordering and collecting the Revenue arising by Hearth-mony, are due and payable, or may grow due and payable unto His Majesty, his Heirs or Successors, for or by reason of any Fire-hearth, or other place used for firing and Stoves, within any House or Edifice, or other place within the Realm of Ireland (except before excepted:) And also all those Rates, Charges, Duties, Impositions, and sums of Mony which by vertue of the late Act for the better ordering the selling of Wines and Aqua-vitae, together with all sorts of strong waters by retaile, are due and payable, or may grow due and payable by such person or persons who now are, or hereafter may be licensed to utter or sell by way of Retaile in their respective houses any Wine, Aqua-vitae, Ʋsquebagh, Brandy, Balkan, or any kind of distilled strong-waters or spirits, (except before excepted) and also all and every the several and respective annual Quit-rents and payments of three pence per acre for every Acre in the Province of Leinster, and two pence farthing per acre for every acre in the Province of Munster, and one penny half-penny per Acre for every acre in the Province of Connaught, and two pence per acre for every acre in the Province of Ʋlster, and of one shilling and six pence yearly for every twenty shillings rent, for which any houses in any Corporation in Ireland allotted to any person, his heirs or assigns, in satisfaction of any arrears, hath been or shall be let or demised; and all other the annual Quit-rents and payments which by vertue of the said two late Acts of Parliament, commonly called, The Act of Settlement, and The Act of Explanation, [Page 8] or either of them, are or may grow due and payable unto his Majesty, his Heirs or Successors, and are charged upon and made to be issuing out of the several and respective Lands therein specified and declared (except before excepted) and also all manner of chief rents, rents service of Inheritance, rents of assize, rents charge, rents seck, or dry rents, fee-farm-rents, and all other ancient Crown-rents yearly payable unto his Majesty, his Heirs or Successors, within the Realm of Ireland (except before excepted) and all other the premises herein before mentioned, with their and every of their appurtenances, whereof no estate is already limitted by these presents (except before excepted) unto the said John Forth, William Bucknall, William Dashwood, Phillip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, from the Feast-day of the Nativity of our Lord now last past, for, during,From Christmass last for seven years. and untill the full end and term of seven years from thenceforth next ensuing, and fully to be compleat and ended: TO the only proper use, benefit and behoof of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, without any account, matter, or other thing to be yielded, made, or done for the same, other then the rents and sums of money, and other things hereafter in and by these presents reserved, covenanted or agreed to be paid or performed; and in as large, ample and beneficial manner as his Majesty may, might or ought to have, take or injoy the same, by force or vertue of any Statute or Statutes, Act or Acts of Parliament, Custome, Ʋse, Ʋsage, or Prescription; and as largely, amply, and beneficially as his Majesty may demise or grant the same, or any part thereof, or as the same are hereby mentioned, meant, or intended to be demised or granted;Notwithstanding the clause in the Act for Hearth-mony. any Law, Statute, Act or Acts of Parliament, and more especially the clause in the late Act of Parliament, intituled, An Act for establishing an Additional Revenue upon his Majesty, his heirs and successors, for the better support of his and their Crown and dignity: Which enacts, That all the Revenues arising by the said Act shall be duly and constantly paid into his Majesties Courts of Exchequer, and shall not be charged or chargeable with any Gifts, Grants or Pensions whatsoever; and that all and every such grant, and all and every such Clause of non obstante therein contained, should be utterly void; and all and every persons to whom such grants should be passed, should be accomptants to his Majesty for all Moneys received by pretence of such Grants: And also all and every Ordinance, Order, Custome, Proclamation, Letters Patents, Provision, Restraint, or any other matter or thing had or made, or to be had or made to the contrary, in any wise notwithstanding.
And the Farmers covenant to pay.YIELDING and PAYING therefore, and the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, [Page 13] Humphrey Taylor and Ralph Bucknall, for them and every of them, their and every of their heirs, executors and administrators, and every of them, do by these presents Covenant to and with our said Soveraign Lord the King, his heires and successors, to yield and pay unto our said Soveraign Lord the King, his heires and successors, yearly and every year, during the said term of seven years mentioned in this present demise, at or into his or their receipt of the Exchequer at Dublin, or by such other payments, and with such deductions, Ninety one thousand five hundred pounds. abatements, and allowances, and in such manner as in and by these presents is mentioned, the full sum of fourscore and eleven thousand and five hundred pounds sterling, of lawfull money of England, or so much other lawful and currant money of Ireland as shall be Equivalent to fourscorce and eleven thousand and five hundred pounds of lawful English money; At or before four the most usual Feasts: That is to say, the Feast of the Annunciation of the blessed Virgin Mary, Quarterly. The Feast of the Nativity of St. John the Baptist, The Feast of St. Michael the Archangel, and the Feast of the Nativity of our Lord, by even and equal portions; the first payment thereof to begin and to be made upon the Feast of the Annunciation of the blessed Virgin Mary now last past before the date of these presents.
AND for the better enabling the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Covenants of the first demise. Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, Deputies and Assignes, to have, enjoy, collect, levy, and receive the said Annual Rents, Payments, Rates, Duties of Hearth-money, Duties arising by Licenses for retailing Wine and Strongwaters, Revenues, Profits, and other the Premises hereby demised, according to the true intent and meaning hereof; His Majesty doth by these presents, as much as in him lies, and as far as the Laws and Statutes of Ireland will permit, nominate, constitute and appoint the said Iohn Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators, Officers, Deputies, Substitutes, Agents and Assignes, and no other person or persons whatsoever, to be his Majesties Officer and Officers, from and after the Commencement, and during the continuance of this present demise, for the receiving,The Farmers made the Kings Collectors. collecting and answering the said Annual rents, as also the Duty arising by the Fire-hearths and Stoves, by vertue of the said several Acts in that behalf, or any of them; and for viewing and numbering of the several Chimney-hearths and Stoves, and other firing-places mentioned in the said Acts; and for the inspecting and examining the several Rolls, Certificates and Returnes thereof,With power to do those things which the Kings Officers are enabled to do. made and to be made from time to time into His Majesties Court of Exchequer, in pursuance of the said Act or Acts, or any other things belonging to the same; and to do and execute all and every other the matters and things touching or concerning the Revenues, Duties, Profits, or other the premises [Page 14] herein demised, which are directed and authorized to be done and executed by the said Acts, by Officers to be thereunto lawfully appointed: And further, that the said John Forth, VVilliam Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphry Taylor, Ralph Bucknall, their Executors, Administrators, Deputies, Agents and Assignes, shall and may Collect, Receive, Levy and enjoy, to their own use and benefit, such sum and sums of Money, or part or parts of the said Rate, Duty and Premises hereby demised, as by and according to the purport, intent, and true meaning of these presents shall have accrewed due and payable to them, at or before the end or expiration of the terme or time of seven years hereby granted, Although this present Demise, and the said terme of seven yeares shall be expired and determined. And His said Majesty doth hereby give and grant unto the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, Ralph Bucknall, their Executors, Administrators and Assignes, or their Deputy and Deputies, Officer and Officers, Substitute and Substitutes, Agent and Agents, from time to time, and at all times after the Commencement, and during the continuance of this present demise, full power and authority to do, performe, and put in execution all and singular the powers and authorities in the said several Acts or any of them mentioned,Power to put the Acts in execution. for the receiving and collecting the Duty arising by the said Annual Rents, Fire-hearths and Stoves, and other the duties and premises; and to do, execute, and put in Execution all and every other the matters and things any way belonging to or concerning the same, directed and appointed by the said Acts or any of them, to all Intents or purposes whatsoever. And that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, Ralph Bucknall, their Executors, Administrators and Assignes, or their Deputy and Deputies, Substitute and Substitutes, Agent or Agents, and other Under-Officer or Officers, shall and may from time to time, and at any time and times during the Continuance of this present demise, have power to search, view, take Notice and Copies of all Returnes, Duplicates and Records whatsoever, in his Majesties Exchequer, or in the hands of any Clerke of the Peace, or Custos Rotulorum of any particular County,And to search Books and Papers, to take Copies of Records, and the Custody of Returns, &c. City or Place, or elsewhere, or in the hands of any other person or persons, touching or concerning the premises, or any way relating thereunto; or for the Examination, finding out, and discovering of Parishes, Villages, Places, and Names of Persons, for the better improving and managing the hereby demised premises. And all and every His Majesties Officer and Officers whom the same doth or may concerne, are hereby strictly Commanded and Required to take notice hereof, and permit the same to be done accordingly; As also to examine, compare, attest and signe such Constats, and [Page 15] Copies of any of the said Records in their respective Custodies, as shall be prepared and offered unto them by the said John Forth, Returnes and Duplicates to be signed without Fee. William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, Ralph Bucknall, their Executors, Administrators, Deputies and Assignes, and that without Demanding any Fee, Reward, or Recompence for any such search, perusal, taking of Notes or Copies to be written by the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, Deputies, Agents, or Assigns, and without any other Warrant or Authority in that behalf, and without any lett, delay, denyal or interruption in or about the same.
AND His Majesty is graciously pleased, and by these presents, for himself, his Heires and Successors, doth will, command and require, that all and singular the said Returnes and Records of and concerning the said annual payments and duties of Hearth-money, The said Returnes and Records. and other the premises already returned, and also those that shall hereafter from time to time be returned into the Court of Exchequer,To be placed and put in the Farmers Head-Office. during the Continuance of this present demise, shall be placed and put in such house or place as the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns shall from time to time have and appoint for their chief Office, in or near the City of Dublin, for the ordering and mannaging all the matters and things for or any way concerning the Collecting and Levying of the Duties aforesaid: And that the Returnes and Recordes so remaining in the said chief Office, shall be in the possession and under the care and inspection of His Majesties Remembrancer, his deputy or deputies; Yet so, as that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, Geeorge Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors,The Farmers may search, and take Copies of the same. Administrators and Assignes, for their more speedy, convenient, and perfect managing of the several annual payments, Rates, duties and premises hereby demised, may from time to time during the Continuance of this present demise, have liberty to view, inspect, search and examine, and take Copies of the same; the same Copies to be made by such person or persons,Which Copies are to be made by such persons as the Kings Remembrancer shall allow without Fee. as His Majesties Remembrancer, or his Deputy for the time being shall allow of, without any Fee or other Charge to be paid for the same: And that all and every the Returnes and Records of and concerning the premises, which do, or shall hereafter remain in the hands of the respective Clerkes of the Peace, Recorders of Cities, or Town-Clerkes respectively, shall be placed and kept in such convenient house or place in every respective County, City or Town, where every Ʋnder-Farmer, Deputy or Officer of the said John Forth, William Bucknall, William [Page 16] Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes,So also of Records and returnes in the hands of the Clerkes of the Peace, Recorders, Town-Clerks &c. without Fee. for the same County, City, Town or Place, may have access to the same, to view, search, examine and take Copies of them: and that both the said Records in the chief Office and respective places where the Records shall be kept by the Clerks of the Peace, Town-Clerks, and Recorders of every County, City, Town or Place, they the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, and every of their Ʋnder-farmers, Deputies and Agents as they shall appoint, shall have Free access to the same at all reasonable and convenient times for the purposes aforesaid, without any Fee or Fees, or other charge for the same.
AND for the better enabling the said Iohn Forth, William Bucknall, VVilliam Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, to pay the said Rents, and to execute and discharge the Trusts and Powers by these presents committed and granted unto them; they are hereby authorized and impowered to demand, take, receive and keep all and every other Bookes, They are further to ask, demand, and receive, all other Books, Returnes, &c. in whose hands soever they be, except the Records in the Office of the Remembrancer, Clerks of the Peace, and Town-Clerks. And all persons are commanded to deliver the same, except such as have not finished their Accompts. A discharge for the delivery of the said Accounts, Books, &c. Returnes, Duplicates, Rolls, Accompts and VVritings, any way relating unto the Revenue of the Hearth-money, in whose hands soever they be, for His Majesties use and service, other then such as are to remaine as Records in the Office of his Majesties Remembrancer in the Exchequer, or with the respective Clerkes of the Peace, Recorders or Town-Clerks as aforesaid; and the same to lodge and dispose of where they may be most conveniently made use of for the said service in the said chief Office or Ʋnder-Offices respectively. And all or any person or persons now or formerly imployed in and about the said Revenue, and others who have any of the said Writings in their Custody and keeping, are hereby commanded and required to deliver up the same accordingly (saving onely such persons who have not finished their Accompts, may have the use thereof for the perfecting of their Accompts, and obtaining their discharges respectively) and the Receipt or Receipts of the said Iohn Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors or Assignes, or any one of them, shall be to such Officer or Officers, and other persons, for their so doing, a sufficient Warrant and discharge.
AND our said Soveraign Lord the King doth hereby, for Himself, his Heires and Successors, Covenant, promise and grant to and with the said Iohn Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Iemmet, John Breedon, Iames Hayes, Dannet Forth, George Dashwood, [Page 17] William Muschamp, Humphrey Taylor and Ralph Bucknal, No persons to intermeddle in the Ordering, Collecting, or receiving of the Duties demised, besides the Farmers, and who they shall appoint. their Executors, Administrators and Assignes, in manner following (that is to say) that neither his said Majesty, his Heires and Successors, nor his Lieutenant or other chief Governor of Ireland and Council there, shall or will at any time or times during the said terme (unless at their instance and desire) authorize and appoint any other person or persons whatsoever besides the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assignes, in any wise, during the Continuance of this present demise, to act or intermeddle in the ordering, collecting and receiving, levying and managing of the said annual payments, Rates, Duties, and premises hereby demised, or mentioned to be demised, or any part or parts thereof.
AND his Majesty is pleased further to covenant, and by these presents, for himself, his Heires and Successors, doth covenant, grant, and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, and every of them, that if at any time during the continuance of this present Terme, any of the Duties arising by Hearth-money, Duties arising by Licenses for selling Wine, Aquavitae or Strong-waters by Retayle, Feefarme-rents, Quit-rents, Rents reserved upon Leases, or any other Annual rents, Payments or Duties hereby demised or granted, or mentioned, meant or intended to be demised or granted, shall happen to be paid into His Majesties Receipt of Exchequer at Dublin; If any of these Duties shall be paid into the Exchequer, it is to be accepted in part of the Rent, if any due. that then, and in every such Case, His Majesty, His Heires and Successors, shall and will be pleased to accept of the sums of Money so paid in, and to retaine the same in part of payment of the Rents reserved by these presents, if any shall then be due; and if no part of the Rents reserved by these presents shall then be due and owing, or not so much as the sums so paid into His Majesties Receipt shall amount unto, It shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, And if no rent be due, or not so much as is paid in, the Farmers are to have the same out of the Exchequer without Fee. their Executors, Administrators and Assignes, and every of them, to aske, demand, have and receive, to their own use and behoofe, all and every such Duties, Rents and Sums of Money which are hereby demised, and at the time of such demand shall have been paid into His Majesties Receipt as before, and shall be found to exceed the sums of money then due and owing to His Majesty for Rents, without any Fee, gratuity, reward, or other charges whatsoever to be paid for the same.
AND His Majesty doth hereby strictly charge and command the Lord Treasurer and Vice-treasurer, Chancellor, and Barons of His [Page 18] said Court of Exchequer, and all other the Officers and Ministers of his Revenues now and for the time being, that they, and every of them, upon the sight of these presents, or the Enrolment thereof, do forthwith pay and deliver, or cause to be paid and delivered unto the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, to their own use,VVithout further VVarrant. and without any other or further Account, all and singular the Duties, Rents and Sums of Money which by vertue of this present demise they ought to have, and which at the time of their or any of their demand shall be found to be, or have been paid unto His Majesties Receipt as aforesaid, over and above the Rent then due to His Majesty: And for so doing, these presents, or the Inrolment thereof, shall be to them and every of them a sufficient Warrant and Discharge in that behalf. And if any Act done, or to be done by His Majesty, his Heires or Successors, or by the Lord Lieutenant or other chief Governor or Governors of Ireland, and Council there for the time being, or by the Lord Treasurer, the Vice-Treasurer, Chancellor and Barons of the Exchequer, or by any other Officers or Ministers of His Majesties Revenue there now and for the time being, or by any of them,If the Farmers are or shall be obstructed in having these Duties. shall be any obstruction or hinderance unto them the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators or Assignes, in the having and receiving the full and entire sums of money, so as aforesaid paid into His Majesties Receipt over and above the Rent then due unto His Majesty:They are to have defalcation by retainer. Then His Majesty is pleased that there shall be an Allowance and Defalcation made by way of Recouper and Retayner of so much of the Rent by these presents reserved, as may be sufficient to give recompence and satisfaction for the same, together with damages and interest at 10 per cent. from the time of detaining thereof.VVith interest and damages. And his Majesty doth hereby authorize the Lord Lieutenant, or other chief Governor or Governors of Ireland, and Council there for the time being, and any six or more of them,Lord Lieutenant, &c. upon proof to allow the same. whereof the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being to be alwayes one, or more, upon due proof of such obstruction or hinderance made by any Order or Declaration of Council to be made in Council, and signed with their hands, to allow the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, to retaine and keep in his and their hands so much of the Rents by these presents reserved, as may be sufficient to recompence the loss or damage which shall or may be suffered by not receiving the Duties, Rents and Sums of Money so as aforesaid paid into his Majesties Receipt of Exchequer at Dublin, or by any obstruction [Page 19] or hinderance therein as aforesaid. And His Majesty doth hereby require and command the Barons of His Court of Exchequer,The Barons, &c. commanded also to permit and allow the same. and all other the Officers and Ministers of His Revenue there, that they permit and allow the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, to have the full benefit of such order of defalcations; and for so doing, these presents, or the enrolment thereof, shall be to them and every of them a sufficient Warrant and Discharge in that behalf.
AND whereas in and by the said Act, intituled, An Act for the better ordering the selling of Wines and Aqua-vitae, together with all sorts of Strong-waters by Retayle, it is among other things provided, That every person licensed to Retaile, according to the forme of the said Act, should pay the sums appointed by the said Act to be paid in manner following, that is to say, one moyety thereof before the person so to be licensed take out his license, and the other moyety thereof at the end of six Moneths after the date of such license, into the hands of Collectors to be appointed for that purpose, of which Collectors the Commissioners for granting the said licenses are to take Recognizances with good security, with condition for payment duly into the Receipt of His Majesties Exchequer all such sum and sums of money which in respect of the said licenses shall be receiv'd by him: And in case the said Recognizances shall be forfeited, the Commissioners are to returne the same into His Majesties said Court of Exchequer. And the Commissioners are farther appointed to take Bonds of the parties licensed for their respective second payments; As by the said Act more at large appeares. And whereas also his Majesty is informed that several Receivers of his Majesties Fee-farme-rents, and other the Annual rents, duties and payments hereby demised, have entred into several Bonds and Recognizances for the due payment unto his Majesty of all such Rents, Duties and Sums of money which they shall respectively receive; His Majesty is hereby graciously pleased to covenant and agree, And by these presents, for himself, his Heires and Successors, doth covenant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, If any Securities given by persons licensed to retaile VVines and Strong-waters, or by any Collectors of those Duties, or by any Receivers of the Fee-farme-rents, &c. shall become forfeited. William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, and every of them, that if at any time after the commencement of this present terme, any such Bonds or Recognizances entred into by Collectors, Retaylors, Receivers, or their sureties, shall happen to be forfeited, for, or by reason of the non-payment of any rent or sum of money which they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes ought by vertue of these presents to have had and enjoyed to their own use, if the same had been duely paid; [Page 20] or if at any time during the continuance of this present tearm, any other Bonds or Recognizances of that nature shall be entred into, and also forfeited to His Majesty during the continuance of the said tearm; That then, and in every such case, it shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, and every of them, to have, hold, take, receive and enjoy, to their own proper use, benefit and behoof, without any Accompt or other matter or thing to be therefore paid or rendred, other then the rents by these presents reserved,The Farmers are to have the benefit of those forfeitures, and of all Executions thereupon. the whole forfeiture and benefit that shall be raised, gotten or had by all and every such Bonds, Recognizances and Securities, and of all Judgments, Executions and Extents thereupon, and Compositions for the same: And that it shall be lawful for them, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, in the name of our said Soveraign Lord the King, his Heires and Sucessors, and at their own proper costs and charges, to sue, prosecute and implead in His Majesties Court of Exchequer all and every person and persons by whom any such Obligation or Recognizance shall be forfeited,Power to sue such securities in the Kings name. and his and their Sureties; and in the name or names of him, His Heires or Successors, to procure Judgement, and sue forth Execution of and for all and every the penalties and forfeitures in the said Obligations or Recognizances contained. And our said Soveraign Lord the King doth hereby command the Lord Treasurer, Vice-Treasurer, Chancellor, and Barons of the Court of Exchequer for the time being, that when and as often as any of the said penalties and forfeitures of the said Obligations or Recognizances shall be levied or paid into the Court of Exchequer,And when the forfeitures are levyed, they are to be delivered to the Farmers without further account. so often all and every the said penalties and forfeitures be delivered unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, to their onely use and benefit, without any other or further account; And, for so doing, these Presents,And the Officers discharged. Commissioners for licenses to sell VVine, &c. not take Securities, but such as they will answer for, without the Farmers consent. or the Enrolment thereof, shall be to them and every of them, and to all other Officers and Ministers to whom it shall appertain, a sufficient Warrant and Discharge in that behalf. And our said Soveraign Lord the King doth further charge and command all and every the Commissioners for granting of Licenses to persons to sell Wine, Aquavitae, or Strong-waters by Retaile, that they presume not to take any Bonds or Recognizances by vertue of the said Act, but of such sufficient persons for whom they will undertake if the parties prove unable, unless the said Bonds and Recognizances be taken with or by the consent and good liking of the said John Forth, William [Page 21] Bucknall, VVilliam Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Ʋnder their hands, or the hands of some of them. Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, or some of them thereunto first had by writing under their or some of their hands; And that they do not deliver, cancel, or make void the said Bonds or Recognizances, or any of them, unless it be after notice first given to, and with the consent and good liking of the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, or some of them, in writing first had and obtained. And if any act done or to be done by His Majesty, his Heires or Successors, or by the Lord Lieutenant or other Chief Governor or Governors of Ireland, and Council there for the time being, or by the Lord Treasurer, the Vice-Treasurer, Chancellor and Barons of the Exchequer, or by any other Officers or Ministers of his Majesties Revenues there for the time being, or by any of them, shall be any obstruction or hinderance unto them the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, If they are hindred in receiving the forfeitures, (Fees of the Court excepted) they are to have Defalcation by retainer. Humphrey Taylor and Ralph Bucknall, their Executors, Administrators or Assignes, in the having or receiving the full benefit of such forfeited Obligations, and the penalties thereof, or of the Iudgments and Executions thereupon had (the due and lawful Fees of the Officers of the said Court onely excepted) Then his Majesty is pleased that there shall be an allowance and Defalcation made by way of recouper and retainer of so much of the rate by these presents reserved as may be sufficient to give recompence and satisfaction for the same. And his Majesty doth hereby authorize the Lord Lieutenant or other chief Governor and Governors of Ireland, VVhich the Lord Lieutenant, &c. upon proof are to allow of without further VVarrant. and Council there for the time being, or any six or more of them, whereof the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being to be alwayes one or more, upon due proof thereof made, to grant unto them an Order in writing for the allowance of such Defalcations, without any other or further Warrant from his Majesty to be therefore had or obtained.
And his Majesty, for himself, his Heires and Successors, is further pleased to covenant and grant to and with the said Iohn Forth, William Bucknall, VVilliam Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor and Ralph Bucknall, and every of them, that it shall and may be lawful to and for the said Iohn Forth, VVilliam Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assignes, and every of them, from time to time and at all times during the continuance of this present Demise, to sue for, distreyne, levy, prosecute and recover all and every the Quit-rents and Annual [Page 22] payments hereby demised,Power to sue in the Kings name, and to have the benefit of all Process, seizure, execution, &c. of which all Iudges and Officers are to take notice. and the arrearages thereof, in his Majesties name, or in their own names, as they shall be advised; And further, that they and every of them, shall have the full benefit and advantage of all such Process, seizure, execution, power and prerogative as his Majesty might have used and exercised for the due and legal recovery of the premises or any part thereof, if this present Demise had not been made. And hereof all Iudges, Officers and Ministers of His Majesties revenue are required to take notice, and to be aiding and assisting to them accordingly.
And his said Majesty doth hereby further, for him, his Heirs and Successors, covenant, promise and grant to and with the said Iohn Forth, William Bucknall, VVilliam Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, that if any Lands, tenements or hereditaments within the said Realme of Ireland, charged or chargeable with any Rents, If Rents by the Kings seizing of Land. Quit-rents, or other payments hereby demised, shall at any time hereafter come into the possession of his Majesty, his Heires or Successors, by vertue of any Grant, Surrender, or other Conveyance, or of any Attainder of Treason, Misprision of Treason, Felony, Premunire, or otherwise howsoever, whereby, or by reason whereof any of the Rents, Quit-rents or other payments hereby granted, or any of them, shall cease, determine, or otherwise be extinguished; or if any Iudgment hath been, or shall hereafter be given in his Majesties Court of Exchequer, or any other of his Courts at Dublin, whereby any Lands which were vested in his Majesty, or restored by any Decrees which are confirmed by the Explanatory Act, or setled by any Clause or Proviso, without a particular exemption from Quit-rents in the same clause expresly mentioned, shall be discharg'd from payment of quit-rents, the quit-rents of all such Lands, whether they be the Lands of innocent Papists, or others, being hereby intended to be demised; then in all and every such case and cases, the said Lord Lieutenant or other chief Governor or Governors of Ireland, and Council there for the time being, or any six or more of them, whereof the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being to be alwayes one or more, shall have full power and authority by these presents, by their order in writing, and in manner and forme aforesaid, upon the humble Petition of the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Ʋpon the Farmers petition to the Lord Lieutenant, &c. Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators or Assignes, to make unto the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Aministrators and Assignes, such reasonable recompence and defalcation out of the yearly rent hereby reserved for and in respect of such rents so happening to extinguish or [Page 23] cease as aforesaid, immediately from and after the time that such Rents shall happen to extinguish or cease as aforesaid,They are to have Defalcation from the time that such Rents shall cease. for and during such cesser and extinguishment, as to them or any six or more of them respectively as aforesaid shall be thought meet and expedient: And that these presents, or the Enrolment or Exemplification thereof, shall be a sufficient warrant and discharge to the said Lord Lieutenant or other chief Governor and Governors of Ireland, and Council there for the time being, or any six or more of them (whereof the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being to be alwayes one or more) to make the said recompence and defalcation in that behalf accordingly.
And whereas many rents due and payable to his Majesty have been of long time conceal'd, and are not, neither have been put in charge in His Majesties Court of Exchequer in Ireland since His Majesties Restauration; the discovery and prosecution whereof, and the causing the same to be put in charge in his Majesties Court of Exchequer for the future, must of necessity occasion great expence and trouble; His Majesty therefore, for the better encouragement of the said Iohn Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, to undertake the discovery and prosecution of all such Concealements at their own proper costs and charges, is graciously pleased to covenant, And by these presents, for himself, his Heires and Successors, doth covenant, grant, and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, that if any conceal'd Rents other then the new Quit-rents made payable to his Majesty by the late Acts of Parliament commonly called the Act of Settlement, and the Act of Explanation, Concealed Rents other then the new Quit-rents, and such rents as shall be discovered within two years. which shall not within the space of two years next ensuing the date of these presents be otherwise discovered, shall at any time during the continuance of this present grant be discovered by the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assignes, or any of them, and at their or any of their proper costs and charges in Law, shall be so far prosecuted in His Majesties name, that they shall be duly recovered and put in charge in his Majesties Court of Exchequer; that then, and in such case, they the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, shall have and receive to their own use and behoofe out of the arrears of the rents so to be recovered, and not otherwise, so much money as three years [Page 24] arrearages of the Rents so to be discovered and put in charge shall amount to,The Farmers are to have three years value of the same to be paid out of the arrears of such concealed Rents. without any Account or other matter or thing to be therefore rendered. And all Officers and Ministers of his Majesties Revenue are hereby required to cause the said three years arrearages to be from time to time paid out accordingly; And for so doing, these presents, or the Enrolment hereof, shall be to them and every of them a sufficient Warrant and Discharge.
CUSTOMES AND Imported Excise.
AND His Majesty of His more abundant special Grace, certain knowledge and meer motion, Hath further Demised, Granted, and to Farme letten, and by these Presents for His Highness, his Heires, and Successors, for and in consideration of the sum of 70000 l. so as aforesaid advanced, and of other the Covenants and Agreements hereafter mentioned, doth further Demise, Grant, and to Farme let unto the said Iohn Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, all Customes, Subsidies and Impositions, or Sums of Mony taken or known by the name, or in lieu of Customs, Subsidies, and Impositions, Payments, Duties, and Sums of Money; And all manner of Subsidies of Tonnage or Poundage, The Subsidies of Tonnage and Poundage, and the duties of Excise for goods imported and demised. now or heretofore taken or known by the name of Tonnage or Poundage, and all other Subsidies and Imposts, sums of Money, rights, payments and duties which at any time or times after the Feast of the Nativity of our Lord Christ now next ensuing unto the Feast of the Nativity of our Lord Christ, which shall be in the year of Lord One thousand six hundred seventy five inclusive, shall, may, or ought to happen, come, arise, grow, renew, be due or payable,From Christmass next to Christmass 1675. or are appointed to be paid to our said Soveraign Lord the King, his Heirs and Successors, or to any of them by the said late Act of Parliament, Entituled, An Act for setling the Subsidy of Poundage, and granting a Subsidy of Tonnage and other sums of money unto his Royal Majesty his Heirs and Successors, the same to be paid upon Merchandise imported and exported into or out of the Realm of Ireland, according to a Book of Rates hereunto annexed,According to the late Act, or by reason of any Custom, usage or prescription, or otherwise. or by any other the Laws, Statutes and Customes of the Realm of Ireland, or any of them heretofore made or established, or by reason of any Custom, usage, or prescription, or in right of his Prerogative Royal, or by any other wayes or meanes whatsoever established, for Customes, Subsidies and Imposts, or in lieu of Customes, Subsidies, and Imposts, [Page 26] and other Payments and Duties, of, for, or by reason of all and all manner of Wines, Wares, Goods and Merchandises whatsoever, of whatsoever nature, kind, quality or condition they are or shall be; as well those which at any time or times after the Feast of the Nativity of our Lord next ensuing, unto the Feast of the Nativity of our Lord, which shall be in the year of our Lord 1675 inclusive, shall be conveyed, imported, or brought into the Realm of Ireland, or any Port, Haven, Harbor, Creek, Road, or Place thereunto belonging, or duly entred in any Custom-house there, or shall be brought into any Warehouse or other places belonging to them, or any of them from any forein Island, Collony or Plantation whatsoever, heretofore made or planted, or hereafter to be made or planted, or from any other parts beyond the Seas and Realms of England or Scotland, or any of them, by way of Merchandise, Provision, Prize taken from Pirates or Enemies, or other wayes howsoever; As also those which at any time or times between the said Feast of the Nativity of our Lord, now next ensuing, and the Feast of the Nativity of our Lord, which shall be in the year of Lord, One Thousand six hundred seventy five, inclusive, shall be conveyed, exported or carried by way of Merchandize out of the said Realm of Ireland or any part thereof, or Shipped or put into any Boat, Lighter, Gabbard, Wherrey, Crayer, Ship, or Vessel, or any Boats, Gabbards, Wherreys, Crayers, Lighters, Ships or Vessels, within any of the Ports or places of or within the Realm of Ireland, or any of them, or within any Havens, Creeks, Roads, or Places, or members of, or belonging to the said Ports or Places, or any of them, with intent to be from thence carryed or conveyed by way of Merchandize out of the said Realm of Ireland into any parts or places beyond the Seas, or into the Realms of England or Scotland, or either of them, or any part of either of them: And also All Customes, Subsidies, and Imposts, Payment, and Duties, which at any time or times within the terme aforesaid shall grow or be due or payable to His Majesty, his Heires or Successors,As also the Customes for the Overlengths of all Woollen Cloaths which shall be transported. for the Overlengths of all woollen Cloaths or Kerseys which shall be transported from the Realm of Ireland into any parts beyond the Seas, or put into any Ship, Boat, or other Vessel, with intent to be transported or conveyed into parts beyond the Seas. And moreover our said Soveraign Lord the King, for him, his Heirs and Successors, Doth also grant and agree, to and with the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assignes, by these presents, that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, shall have, take, and enjoy to their own proper uses and behoofes, All and all manner of Customes, Subsidies and Imposts, or sums of mony, Duties or payments commonly called, known, or payable, as, or in lieu of Customes, Subsidies, and Imposts, or any of them; and for [Page 27] all Goods, Wares, and Merchandizes whatsoever, which at any time or times between the feast of the Nativity of our Lord,And also the Custome of Goods brought into Ireland by any Ships of His Majesty. now next ensuing, and the Feast of the Nativity of our Lord which shall be in the year of our Lord God 1675. inclusive, shall be brought into the said Realm of Ireland, in or by any the Ships or Fleets of his Majesty, his Heirs or Successors, or any other Ships, or Vessels employed, or to be employed in the service of his Majesty, his Heires or Successors,Or by His Authority by Letters of Marque, or for Pyrates Goods, or goods taken from Pyrates. or by the Ships or Vessels of any other by Authority from or under his Majesty, his Heirs or Successors, by Letters of Marque or by any other wayes whatsoever, or for Pyrates Goods, or Goods taken from Pyrates, or Enemies, which by any meanes within the times or termes aforesaid shall come into the said Realm of Ireland, as if the same Wares, Merchandizes and Goods, or any of them had been brought into the said Realm of Ireland by any of his Majesties Subjects by way of Merchandize, for or upon all or any Goods, Wares, or Merchandizes whatsoever, as well exported as imported, or which shall become forfeited to his Majesty, his Heirs or Successors by vertue of, and according to the late Act of Parliament for the encouraging and increasing of Shipping and Navigation, or any the Powers or Clauses therein contained: And to the intent that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes may justly and truly receive, have, take, and enjoy the said Customes, Subsidies, Imposts, Payments, Duties, or sums of money in lieu of Customes, Subsidies, and Imposts of all such Goods, Wares and Merchandizes, according to the true intent and meaning of these presents, It is Covenanted and agreed, and also our Soveraign Lord the King for Him, His Heirs and Successors doth streightly charge and Command, and by these presents doth ordain, That no part of any such Goods be unladen or any way disposed of,That no goods be unladen till a true Entry he made as well by His Majesties Officers as the Farmers. untill a true Entry be taken and made of all such Goods, as well by His Majesties Officers in those ports where such Goods shall be brought in, as by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assignes, their Deputies and Agents, or some of them: And our said Soveraign Lord the King, for him, his Heirs and Successors, and of his more especial Grace, certain knowledge and meer motion, doth further Demise and grant unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall all and all manner of Rates, Charges, Impositions, sums of Money, payments, and other Duties of Excise whatsoever, which at any time or times, and from time to time after the Feast of the Nativity of our Lord now next ensuing, unto the Feast of the Nativity of our Lord,Foreign Excise demised. which shall be in the year of our Lord 1675. inclusive, shall, may, or ought [Page 28] to happen, come, arise, grow, renue, be due, or payable, or are appointed to be paid unto our said Soveraign Lord the King his heirs and successors or any of them, for or in respect of any Goods, Wares or Merchandizes, which within the times aforesaid shall be brought in, and imported into the Realm of Ireland from any parts beyond the Seas, and for which a Duty or payment of Excise is of right belonging to his Majesty, his heirs and successors, by vertue of the said late Act of Parliament, Entitled, An Act for the Setling of Excise or new Imposts upon his Majesty, his heires and successors, according to the Books of Rates therein inserted, Except the Alnag [...] and such other duties of Excise as may hereafter be imposed beyond the present rates. and all other the Duties of Excise whatsoever commonly called or known by the name of the foreign and imported Excise: excepted alwayes, and foreprized, and reserved out of this present Demise and Grant the Duty and Subsidy of Alnage; And all and all manner of Customes, Subsidies, Imposts, sum and sums of Money, Excizes, Duties, and payments whatsoever, which at any time hereafter by any Act or Acts of Parliament to be made, and of force and effect in Ireland, or by any Letters, Patents, Commission, or otherwayes shall be granted, set, or imposed upon, or otherwise grow due or payable more and other then the Rates, Duties and Payments now imposed, set, or in being for any foreign Commodities, Wares, or Merchandizes whatsoever, of what nature or kind soever, imported from any parts beyond the Seas into the Realm of Ireland, And all other kinds or branches of Revenue, and all improvement or increase of any part of the Revenue demised by Act of Parliament hereafter to be made. or into any the Roads, Ports, Creeks, or places thereunto belonging, And also except all new and other kinds or Branches of Revenues, and Improvement or increase of any part of the Revenue hereby demised, which by vertue of any Act of Parliament hereafter to be made shall grow due and payable to his Majesty, his heirs or Successors within his or their Realm of Ireland.
AND also excepted and foreprized out of this present Grant and Demise, all and all manner of Customes, Subsidies, sums of Money, and other Duties whatsoever to be perceived, taken and had, or which shall, may, or ought to happen, come, arise, grow or be due, or chargeable, or payable, to our said Soveraign Lord the King, his heirs or successors,Except also Bullion to be imported. or to any of them, of, for, or by reason of all and all manner of Bullion whatsoever imported into Ireland; And also excepted and foreprized out of this present Grant and Demise all and all manner of Customes, Subsidies, Impositions, Forfeitures, and other Duties, or Sums of Money whatsoever, due or payable, or to be due or payable to our said Soveraign Lord the King, his heires or successors, of, for, or by reason of all and all manner of Allomes, and liquors of Allomes,As also Allome, Smaults, Saffers. Smaults, Saffers, and all matters and things which shall be necessary for the making of Smaults, of what nature or by what name or names soever the same be or shall be called, or known; And which during the terme hereby granted shall be brought from any parts beyond the Seas into the Realm of Ireland: And also excepted, and foreprized, out of this present Grant all Prizage and Butlerage of and for all and all manner,Also the Prizage and Butlerage. and whatsoever sort of Wines, of what nature, kind, or quality, or by what name or names soever the same [Page 29] be, or shall be known, and also excepted and fore-prized out of this present Grant and Demise, all and all manner of Customs, Subsidies of Poundage, Sums of Money, and other Duties whatsoever, which at any time or times during the term of and in the Customs and Subsidies hereby granted, shall be due or payable to his said Majesty his Heirs or Successors, for or by reason of the Importation of any Logwood alias Blockwood As also Logwood and Blockwood forfeited. into the said Realm of Ireland; And all and all manner of Logwood alias Blockwood whatsoever that shall happen to be forfeited to his Majesty, his Heirs or Successors, or any of them, for or by reason of the non-payment of Customs, Subsidies, or Imposts due, or to be due and payable to his Majesty, his Heirs and Successors, of and for the same, or any part or parcel thereof; And all penalties, forfeitures and benefits, which shall or may happen to come, grow or arise to his Majesty, his Heirs or Successors, for the non-payment of the Customs and Subsidies due and payable, or to be due or payable for the same, or that may be forfeited for the Importation thereof, contrary to a late Act of Parliament for the Incouraging and Increasing of Shipping and Navigation: And all and every sum and sums of money, and other Duties, which shall, may, or ought to happen, come, arise, renew, or be due, chargeable, or payable to his Majesty, his Heirs and Successors, or any of them, at any time or times during the said term, of or for all, or any of the said Logwood, alias Blockwood; And also except the duty commonly call'd or known by the name of Port-Corn; Port-Corn also excepted, and five shillings per Tonn upon French Shipping. And also except the Imposition, Duty, or Sum of five shillings per Tonn, which by vertue of the said late Act for Incouraging and Increasing of Shipping and Navigation, and of one other late Act passed in Ireland touching the Rates of Merchandizes, and the Subsidy of Tonnage and Poundage is imposed or set upon any Ship or Vessel belonging to any of the Subjects of the French King, which shall come into any Port, Harbour, or Road of Ireland, and shall there lade or unlade any Goods or Commodities, or take in, or set on shoar any Passengers whatsoever.
To Have, hold, receive, ask, demand, take, levy, perceive, retain,The Habendum. use, exercise, and enjoy, All and singular the said Customs, Tonnage, Poundage, Subsidies, Imposts, Payments, Duties and Sums of Money in lieu of Customs, which by vertue of the said late Act of Parliament touching or concerning Tonnage or Poundage, or otherwise howsoever are due and payable to his Majesty, his Heirs and Successors; And also all and singular the Rates, Charges, Impositions, Payments, and other Duties of Excise, which by vertue of the said late Act of Parliament touching or concerning Excise, are due and payable unto his Majesty, his Heirs and Successors, for or in respect of any Goods, Wares, or Merchandizes imported into Ireland, and all other the Duties of Excise whatsoever, commonly called or known by the name of the Foreign and Imported Excise (except before excepted) unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, [Page 30] Administrators or Assigns, from the Feast of the Nativity of our Lord, which shall be in the year of our Lord One thousand six hundred sixty and nine,From Christmass 1669, for 6 years from the date hereof. for, during, and untill the terme of six years, from thenceforth next ensuing, and fully to be compleat and ended, to the only proper use, benefit and behoof of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, without any account, matter, or other thing to be yielded, made, rendred, or done for the same, other then the rents and sums of Money, and other things hereafter in and by these presents reserved, and Covenanted or agreed to be paid or performed, and in as large, ample, and beneficial manner as his Majesty may, might, or ought to have, take, or enjoy the same, by force or vertue of any Statute or Statutes, Act or Acts of Parliament, Custome, Use, Usage, or Prescription, and as largely and beneficially as His Majesty may Demise or Grant the same, or any part thereof, or as the same are hereby mentioned, meant or intended to be Demised or Granted, any Law, Statute, Act or Acts of Parliament; and more especially the Clause in the said late Act of Parliament, Entituled, An Act for setling the Excise, Non obstante any Law, and more especially the Clause in the Act for Excise. or New Impost upon His Majesty, his Heires and Successors, according to the Book of Rates therein inserted, which prohibits any Lease to be thereof made, for and during the space of seven years next ensuing the said Act, or after the said seven years without the Advice of the chief Governour or Governours of Ireland, and six more of the Councel of that Kingdom, and reserving the highest rent which in any one of the seven years next succeeding the said Statute was yielded and paid unto His Majesty, and which Declares any Lease made contrary to the said Act to be void; And also all and every Ordinance, Order, Custom, Proclamation, or Letters Patents, provision, restraint, or any other matter or thing had or made, or to be had or made to the contrary hereof in any wise notwithstanding: Yielding and Paying, Yielding and Paying therefore yearly. and the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and every of them do by these presents, Covenant to and with our said Soveraign Lord the King, his Heirs and Successors, to yield and pay unto our said Soveraign Lord the King, His Heirs and Successors, yearly, and every year during the said term of six years, mentioned in this present Demise, at or into his or their receipt of Exchequer at Dublin, or by such other payments, and with such Deduction, Abatements and Allowances, and in such manner as in and by these presents is mentioned, the full sum of threescore and fifteen thousand pounds The Sum of threescore and fifteen thousand pounds. of lawful money of England, or so much other lawful and currant money of Ireland as shall be equivalent to threescore and fifteen thousand pounds of lawful English money, at or before the dayes and times, and according to the several and respective proportions herein after mentioned, That is to say, at or before the last day of January, which shall be in the year of our Lord God 1669. the sum of [Page 31] 3000 l. And at and before the 14th. day of February, By monthly payments. which shall be in the year of our Lord 1669. the sum of 3000 l. And at or before the 28th day of February, which shall be in the year of our Lord 1669. the sum of 3000 l. And at or before the 15th. day of March, which shall be in the year of our Lord 1669. the sum of 3000 l. And at or before the last day of March, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the 15th. day of April, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the last day of April, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the 15th day of May, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the last day of May, which shall be in the year of our Lord 1670. the sum of 3000 l, And at or before the 15th. day of June, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the last day of June, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the 15th. day of July, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the last day of July, which shall be in the year of our Lord 1670. the sum of 3000 l. And at or before the 15th day of August, which shall be in the year of our Lord 1670 the sum of 3000 l. And at or before the last day of August, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the 15th day of September, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the last day of September, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the 15th day of October, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the last day of October, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the 15th day of November, which shall be in the year of our Lord 1970, the sum of 3000 l. And at or before the last day of November, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the 15th day of December, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the last day of December, which shall be in the year of our Lord 1670, the sum of 3000 l. And at or before the 15th day of January, which shall be in the year of our Lord 1670, the sum of 6000 l. which twenty four several payments so as aforesaid appointed to be made, do in the time and space of twelve Months amount unto the full and just sum of threescore and fifteen thousand pounds; And also yeilding and paying at or before every succeeding 15th day of January, during the said term of six years the sum of 6000 l. And on every other last day of January, 14th day of February, 28th day of February, 15th day of March, last day of March, 15th day of April, last day of April, 15th day of May, last day of May, 15th day of June, last day of June, 15th day of July, last day of July, 15th day of August, last day of August, 15th day of September, last day of September, 15th day of October, last day of October, 15th day of November, last day of November, and on every other 15th day of December, and last day of December yearly during the said term of six years, the sum of 3000 l. And also Yielding [Page 32] and Paying: And the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and every of them, do further covenant by these presents, to and with our said Soveraign Lord the King, his Heirs and Successors, to yield and pay unto our said Soveraign Lord the King, after the end and expiration of the said terme of six years, these sums following, That is to say, upon or before the last day of December, which shall be in the year of our Lord 1675. at which time the said term of six years will be fully expired, the sum of 3000 l. And upon or before the 15th day of January then next following, which shall be in the year of our Lord 1675. the full sum of 6000 l. which two last payments being added to the several payments herein before appointed, during the said term of six years, do amount in the whole to the sum of four hundred and fifty thousand pounds, and are in full performance of the Contract made with our said Soveraign Lord the King, To yield and pay unto our said Soveraign Lord, for and in respect of the Duties of Customes and imported Excise, so as aforesaid Demised for six years, the yearly Sum of threescore and fifteen thousand pounds.
And our said Soveraign Lord the King, in consideration of the great yearly Rent and sum of Mony before reserved or mentioned to be paid: And to the intent the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, or Assigns, or any of them, shall not by the Kings Majesty, his Heirs or Successors, or by his or their, or any of their means, or by any Act or means of his late Father K. Charles of blessed memory,If the Farm [...]rs shall be hindred in the receipt of these duties, or otherwise be hindered, debarred, or diminished of any the Customes, Subsidies, Duties of Imported Excise, and other Sums of money and profits to them, before by these presents mentioned, or meant to be demised, granted, or to Farm letten, during the term of six years, or Covenanted or agreed to be taken (except before excepted) but that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, shall have full satisfaction and allowance for all such their losses and hinderances in that behalf to be had or sustained, according to the purport, true intent and meaning of these presents, Is therefore pleased and contented, And doth of his Especial Grace, certain knowledge, and meer motion, grant for Him, His Heirs and Successors, unto the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, Or if His Majesty, His Father, King James, or Queen Elizabeth, or if His Majesty shall exonerate and discharge any person by any Patent or Grant of Exemption, or prohibit or restrain the Trade. and Ralph Bucknall, their Executors, Administrators, and Assigns; and every of them in manner and form following, That is to say, that if his Majesty, or his late Royal Father King Charles, or his late Royal [Page 33] Grandfather King James, or the late Queen Elizabeth of famous memory, have heretofore freed, exonerated, discharged, remitted, pardoned or respited, or that His Majesty, His Heirs or Successors, or any of them, hereafter at any time or times during the said term of six yeares hereby granted, shall free, exonerate, discharge, remit, pardon or respite any Owner or Owners of any Goods, Wares, or Merchandizes, or other person or persons whatsoever, or any Goods, Wares, or Merchandizes to be brought into this Realm, or carried out of the same, by any of His Majesties Subjects of what nature soever, in the Ships or Bottoms either of His Majesties Subjects or Strangers, of or from the payment or answering of any Customs, Subsidies, Imposts, Sum or Sums of Money, or other Duties or Premises by these presents demised or granted, or covenanted or agreed, or appointed to be paid or enjoyed as aforesaid, (except before excepted) or otherwise, if the Kings most Excellent Majesty, or his late Father, or Grandfather, or the late Queen Elizabeth have given or granted, or if the Kings most Excellent Majesty, his Heires or Successors, shall give or grant at any time hereafter during the said terme of six years, any license or liberty to any person or persons, or have made or suffered, or shall make or suffer any restraint or Prohibition of Trade, Traffick, Passage and Entercourse of any Merchants Ships; or have done or procured, or shall do or procure, or suffer to be done in any manner of wise any other Act or thing whatsoever, whereby, or by reason whereof the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators or Assigns, or any of them, shall at any time or times during or within the said term of six years, be lawfully letted or hindred to have, take, levy, receive, obtain or enjoy any of the said Customes, Subsidies, Impositions, Duties of Excise, Sums of Money, or other the Premisses before by these presents demised or granted, or mentioned or intended to be hereby demised or granted, or covenanted or agreed to be taken or enjoyed, or any part or parcel thereof, (except before excepted) or whereby or by reason whereof they the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators or Assigns, shall lose or be hindered of or in any of the Customes, Subsidies, Imposts, Payments, Duties, Sums of Money, or benefit before by these Presents mentioned or meant to be demised or granted, or covenanted or agreed to be taken or enjoyed, (except before excepted) or if the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, Ʋnless by their consent, negligence or default, they shall be hindred from the Receipt of these Duties. William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators or Assigns, without their or any of their consent, negligence, or wilfull default, shall be by the Laws of that our Realm of Ireland barred, letten or hindred to receive, take or recover, and shall not, or may not have, receive or recover any of the premisses before [Page 34] demised or granted, or mentioned or intended to be demised or granted, or covenanted or agreed to be received or taken, in such ample sort and manner as they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, ought to have the same, according to the purport, true intent and meaning of these presents, towards the payment of the Rents and Sums of Mony reserved or payable by or according to the true meaning of these presents: That then, and so often, and in every or any such case, it shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them,Then they are upon proof. upon such due proof thereof to be had or made before the Lord Lieutenant, or other Chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other Chief Governour or Governours of Ireland for the time being, to be alwayes one or more, as they the said Lord Lieutenant, or other Chief Governour or Governors of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other Chief Governour or Governours of Ireland for the time being, to be alwayes one or more, shall by any Order or Declaration of Councel, to be made in Councel, and signed with their hands, allow of, to stay, keep, retaine and recoupe in his or their hands, to his and their own proper use, so much of the said yearly Rent or Sums of Money due, payable or answerable, or before by these presents reserved or mentioned to be paid, as by the said Order or Declaration of Councel in writing,To have such reasonable defalcation out of the Rent by way of Retainer, as shall be declared in writing by the Lord Lieutenant, and six of the Councel, with Dammages. so as aforesaid to be obtained, shall be thought reasonable and proportionable to the Dammage which they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, shall or may have received by reason of any such respite of payment, exoneration, diminution, discharge, license, hinderance, or otherwise as aforesaid. And also that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, shall so often, and upon every such due proof had, and Order or Declaration in writing made as is aforesaid, have full allowance and defalcation to them and every of them, to be made by the Court of Exchequer, Which is also to be allowed by the Court of Exchequer. of and for all and every the said Payments, Rates, Excises, Customes, Subsidies, Imposts, Sums of Money, and other duties demised or mentioned to be demised as aforesaid, and so discharged, hindered, lost, or not paid by any the occasions or means aforesaid, to the full value and sum thereof, to be allowed, deducted, or defalked out of the RentSo much is to be defalked out of the Rent. and Sum [Page 35] of money reserved due and payable, or covenanted or agreed to be paid by the true intent and meaning of these presents, at and upon the next payment thereof then next following to be had or made, or at any payment then after to be made, or any part at one payment, and part at other payment or payments, at the free Election of the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators or Assigns: And the said Lord Lieutenant,Chief Governour and Council, Lord Treasurer and Vice-Treasurer, to allow the same upon due proof without farther warrant. or other Chief Governour or Governours of Ireland, and Council there, or any six or more of them, whereof the Lord Lieutenant, or other Chief Governour or Governours of Ireland for the time being, to be alwayes one or more, shall by force of these presents, and upon sight hereof, or of the Enrollment or Exemplification thereof have full Power and Authority; And his Majesty doth hereby will and require them and every of them, upon due proof to be made from time to time, to make and allow such and the same defalcations, deductions and allowances, according to the true intent and meaning of these presents, without any further or other Warrant or Declaration of the pleasure of his Majesty, his Heirs or Successors, in that behalf to be had or obtained. And his Majesty doth hereby will and require the Lord Treasurer and Vice-Treasurer of Ireland for the time being, the Lord Chief Baron, and other the Barons of the Court of Exchequer in Ireland, and all other the Officers and Ministers of his Revenue there, that they and every of them do from time to time permit and allow the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, to have and enjoy the full benefit of all such defalcations to be made as aforesaid, any thing herein before to the contrary notwithstanding.
AND our said Soveraign Lord the Kings Majesty, for himself, his Heirs and Successors, doth further covenant, promise, and grant to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators, and Assigns, by these presents, That if our said Soveraign Lord the King, his Heirs or Successors, or any of them, or any others jointly or in common, together with the Kings Majesty, his Heirs or Successors, shall at any time hereafter during the continuance of this present Demise or Lease,If Goods Exported or Imported. bring or cause to be brought by way of Merchandize from any the parts beyond the Seas, into his Realm of Ireland, or shall carry or cause to be carried by way of Merchandize out of his Realm of Ireland, into any the parts beyond the Seas, any Goods, Wares, Merchandizes, the Customs, Subsidies, Imposts, and Duties whereof are by these presents mentioned or intended to be demised or granted, belonging to our said Soveraign Lord the King, his Heirs and Successors, or to any of them, or to them or any of them, or others joyntly or in common, or to be brought or carried forth by [Page 36] way of Merchandize for the Use or Accompt of His Majesty,Solely on his Majesties account, or joyntly with others. His Heirs or Successors, or for the Use and Accompt of any of them and others, or as the Goods of His Majesty, his Heirs or Successors, solely or joyntly, or in common with others, or for the sole Adventure of His Majesty, His Heirs or Successors, or the Adventure of any of them and others together; That then and so often the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall upon such due proof made and allowed as before in these presents is expressed,Ʋpon due proof to have Abatement and Defalcation out of the Rent. for any other Deductions and Defalcations by them to be made, have Defalcation, Deduction, and Abatement out of the yearly Rent or Sum of Money before by these presents mentioned to be reserved, covenanted, or agreed to be paid of and for the Customes, Subsidies, Excises, and other Duties and Premisses hereby Demised, of the said Goods, Wares or Merchandizes so to be Imported or Exported, according to such Rates and Proportions as shall be due or payable to the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, Iohn Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors Administrators or Assigns, by the true meaning of these presents, for the like Goods, Wares, or Merchandizes of Irish Subjects of His Majesties Kingdom of Ireland, to be brought in or carried out of the said Kingdom by way of Merchandize, by or for the proper Adventure of the said Subjects of His Majesty, His Heirs or Successors, having no property or interest in them: And that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes,By Reteyner. shall and may from time to time deduct, reteyn, and keep the same Sums of Money, so by these presents agreed to be defalked and deducted as aforesaid, in their own hands, and to their own use, out of the aforesaid yearly Rent or Sum of money before reserved or mentioned to be paid by these presents: And that the said Lord Lieutenant, or other Chief Governour or Governours of Ireland, and Councel there, or any six or more of them, whereof the Lord Lieutenant, or other Chief Governour or Governours of Ireland for the time being, to be alwayes one or more, shall by force of these presents, and upon sight hereof, or of the Enrollment or Exemplification hereof, have full power and Authority upon such due proof as aforesaid,To be allowed by the Lord Lieutenant, &c. without further Warrant. to make and allow from time to time such and the same Defalcations, Deductions and allowances, according to the true intent and meaning of these presents, without any other or further Warrant or Declaration of the pleasure of His Majesty, His Heirs or Successors, in that behalf to be had, procured or obtained; which allowances and Defalcations so made, shall be of full force and effect in our Court of Exchequer in Ireland, and all Officers and Ministers of our Revenue there are required to observe the same accordingly. Nevertheless it is the true intent and [Page 37] meaning of these presents, and it is hereby agreed, notwithstanding the said Covenant last beforementioned,Nevertheless his Majesty may Export or Import. That our said Soveraign Lord the King, his Heirs and Successors, shall or may bring into or carry out, or cause to be brought into or carried out of the Realm of Ireland, at all and every time and times during the continuance of this Demise, without any allowance, defalcation, or deduction to be made out of the Rent, Sum and Sums of Money hereby mentioned to be reserved, and without payment or allowance to be made of or for the Customs or other Duty for the same, any Presents or Gifts of Honour,Presents, and Gifts of Honour, and not Merchandizes, as also Victual, Aprarel, &c. and Allom. and not vendable or esteemed as Merchandizes, to or from Foreign Princes or States, or any Victuals, Apparel, Munitions, or other Provisions, Goods and Commodities, which by the true intent and meaning of these presents, are herein aftermentioned to be brought in or carried out without payment of Custom, Subsidie, or other Duty or thing, in respect of the Importation or Exportation thereof, or giving any allowance, deduction or defalcation of or for the same. And also that His Majesty, his Heirs and Successors, may Export any Alloms of his Majesty, his Heirs and Successors, which during the said term shall be Exported for the proper and sole benefit, use and accompt of his Majesty, his Heirs and Successors, and their Farmers thereof, and for and upon his and their own sole and proper Adventure, without payment of any Custom, Subsidie, or other Duty, or giving any allowance, deduction or defalcation for the same. And his Highness doth by these presents covenant and grant for him, his Heirs and Successors, to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns, that if his Majesty, his Heirs or Successors, or the Lord Lieutenant, or other Chief Governour or Governours of Ireland, and Councel there for the time being, at any time or times hereafter; before the end and determination of this Grant, shall by his or their Royal Proclamation, or by any Act of State, Order of Councel, or otherwise, forbid the Transportation of any CornIf Corn or any other Commodity be forbid by any Act of State, &c. or Act of Parliament, to be Imported or Exported. or Grain at such time or times when and where the same shall or may be lawfully Transported out of the Realm of Ireland, or shall forbid the Transportation out of, or the bringing into the Realm of Ireland, of any other several or particular Wares, Goods or Merchandizes, whereof if they were brought in or carried out of the Realm of Ireland, the Customs, Subsidies, and other Duties ought by the true intent and meaning of these presents, to be due and payable to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or if the same Goods, Wares or Merchandizes, shall be by any Act of Parliament hereafter to be made, restrained either from being Transported out of, or from being brought into the Realm of Ireland, by reason whereof the same or any part thereof shall not be Transported out of, or brought into the Realm of Ireland, at any time during the [Page 38] continuance of these presents, to the prejudice, hurt, or hinderance of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, That then and so often during all and every such time and times, the said Lord Lieutenant, or other Chief Governour and Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other Chief Governour or Governours of Ireland for the time being, to be always one or more, shall have full power and Authority by these presents, by their Order in writing and in manner and form aforesaid, upon the humble Petition of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, to make unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns, such reasonable recompence and defalcation out of the yearly Rent by these presents reserved for and in respect of the said restraint,The Lord Lieutenant, &c. upon Petition by their Order in writing, shall allow & make Defalcation. as to them or any six or more of them respectively as is aforesaid, shall be thought meet and expedient, for and during the time of such restraint as is aforesaid; and that these presents, or the Enrollment or Exemplification thereof, shall be a sufficient warrant and discharge to the said Lord Lieutenant, or other Chief Governour and Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other Chief Governour or Governours of Ireland for the time being, to be always one or more, to make the said recompence, allowance, defalcation and deduction accordingly in that behalf, and to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns,And the Farmers to stop so much of the Rent as shall be so allowed, without any Accompt. to stop and reteyn so much of the said Rent in their hands, as shall be so allowed unto them for their own uses, without any Accompt, Forfeiture, or other recompence to be had or made to our said Soveraign Lord the King, his Heirs or Successors for the same, any thing herein contained to the contrary notwithstanding.
AND his Majesty doth hereby for him, his Heirs and Successors, also streightly charge and command,The King commands all his Officers to do no Act to the prejudice of the Farmers. That none of the Officers, Ministers or Servants, whatsoever they be or shall be, of our said Soveraign Lord the King, his Heirs or Successors, in any wise by colour, pretence, or means of their Offices or otherwise, during the continuance of this Demise or Lease, shall wittingly or willingly withdraw, conceal, deny, withhold or diminish from the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey [Page 39] Taylor, and Ralph Bucknal, their Executors, Administrators or Assigns, or any of them, any of the said Customs, Susidies, Imposts, Payments, and Sums of Money in lieu of Customs, Subsidies, Imposts, or any of the Duties of Excise for Goods Imported, or other benefits by these presents mentioned to be demised, granted, and to Farm letten to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or any thing to be by them or any of them had, done, used or enjoyed by vertue of, or according to the true meaning of these presents, in respect of the same Customs and Premisses, to them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, mentioned to be demised, granted or agreed to be by them taken, had or enjoyed, or of any of them,Ʋpon pain of Fine and Imprisonment for the first, & loss of his or their Offices for the second offence. upon pain of Fine and Imprisonment, the said Offendors therein for his or their first offence, and loss of his or their Offices for his or their second offence; the said pains and penalties to be inflicted upon the said Offenders by the Lord Treasurer of Ireland, Chancellor and Barons of the Exchequer there for the time being, or any three or more of them, whereof the Lord Treasurer of Ireland for the time being, when there shall be a Lord Treasurer, to be one, or in default of a Lord Treasurer, the Chancellor of the Exchequer for the time being to be one, upon Complaint by English Bill in the Court of Exchequer-ChamberƲpon Complaint by English Bill in the Exchequer Chamber. there in that behalf to be made.
AND our said Soveraign Lord the Kings Majesty for himself, his Heirs or Successors, doth of his especial Grace, certain Knowledge, and meer Motion, give, grant and assign by these presents unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, and to all and every person and persons which by them, and every or any of them, by writing under their or any of their Hands and Seals, shall be in that behalf deputed and assigned, full and free use, benefit and disposition, during the continuance of this Demise, of all Custom-housesThe Farmers & their Officers to have the use of all Custom-houses. in Ports, Havens, Creeks, and places within every of the said Ports, any Customs, or other Duties and Premisses whereof or wherein arising are granted or demised, and the Members thereof where landing, lading or unlading, shipping in or shipping out, carrying or discharging of any manner of Wares, Goods, Merchandizes or Commodities, into or from the Realm of Ireland shall be, and to be present with all and every the Customers, Comptrollers, Collectors, Surveyors, Searchers, Waiters, and other Officers, Attendants and Ministers, having charge within the said Ports and Creeks, for and concerning the said Merchandizes, Wares and Commodities, or Customs, Subsidies, Sums of Money, and other Duties for the same, by these presents demised or granted; and to see, provide, and take order for and concerning their and every [Page 40] of their better levying, having and enjoying of the premisses, and the benefits, profits and commodities thereof, before by these presents mentioned to be granted and demised, according to the true intent and meaning of these presents, at all times and places when and where the said Officers or Ministers, or any of them, shall by reason of any their said several Offices have an occasion or an Authority to view, search or see; and also in every such place to see, provide, and use lawful and reasonable ways, orders and means, whereby the said John Forth, William Bucknal, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns, and every of them, shall and may be justly and truly contented,Free access to all Books or Registers, Bonds or other Writings, taken, made, kept or preserved by any Customer, Comptroller, Surveyor, &c. answered and paid, without any fraud, concealment or diminution, of all and every the Customs, Subsidies, Sums of Money, Profits, and other things and Duties before in and by these presents mentioned to be demised, granted or Leased. And that they the said John Forth, William Bucknal, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, their and every of their Deputies and Servants, shall and may from time to time, during the continuance of this present Demise or Lease, have free access unto all Books or Registers, Bonds, or other Writings whatsoever, taken, made, kept or preserved, or to be taken, made, kept or preserved by any Customer, Comptroller, Surveyor, Commissioner, or Collector of Excise, or other Officers of his Majesty, his Heirs and Successors whomsoever, serving or attending, or which during the continuance of this present Demise or Lease in force, shall serve or have any charge in any Custom-house, or to, for, or about any Custom, Subsidie or Impost, or the Collection of any Custom, Susidie or Impost, or Duty of Excise for Goods Imported, or other the premisses hereby demised or mentioned to be demised, or any of them concerning. And that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood. William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns, and every of them, their and every of their Servants and Deputies, shall and may from time to time, during the continuance of this Demise or Lease in force, at their wills and pleasures takes Notes and Copies of the said Books, Registers, Bonds or Writings,And to take Notes and Copies of the said Books, &c. for the better Collection, &c. of the Duties. to the intent thereby to be the better informed of such Customs, Subsidies, Imposts, Duties of Excise, Sum and Sums of Money, as are in and by these presents mentioned to be demised; and for the better recovery, collection, having and enjoying of the same, without the lett, hinderance, denyal or disturbance of the said Customers, Comptrollers, and other the Officers aforesaid. And that the said John Forth, William Bucknal, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Kalph Bucknal, their Executors, [Page 41] Administrators, Assigns, Deputies, Servants and Factors, and every of them, before by these presents shall have full power and Authority at all time and times, from time to time during the continuance of this present Demise or Lease in force, when it shall seem good, meet and expedient to them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, Deputies, Servants and Assigns, with the privity and knowledge of the Customer or Comptroller of the Customs in every of the Ports within the Realm of Ireland, respectively, they attending on their Offices, to do, make and execute all and all manner of Compositions,Power to make Compositions, give Discharges and Warrants for Landing Goods, and to do all other Acts concerning the Duties. Discharges and Agreements which by Law may be done, for and concerning the Customs, Subsidies, and other Duties before by these presents demised or granted, or mentioned to be thereby demised and granted as aforesaid, (except before excepted) and to give order for the Landing of the same Wares and Merchandizes, the Customs, Subsidies, and other Duties whereof are by these presents mentioned to be demised or granted, at the places used for the same; And to do all other act and acts, thing and things that to the Office of any Customer, Collector, Comptroller, Searcher, Surveyor General, or any other Officer, and every or any of them, of and in all and every the Creeks and Members thereunto belonging, doth or shall appertain, to be done for or concerning the said Customs, Subsidies, or Imposts, Profits, and other Duties before in and by these presents mentioned to be demised, granted, and to Farm letten, or any of them,Preserving the power of the Kings Surveyor General, Customers, Collectors, or Comptrollers (except as is before excepted) so always as the power of the Surveyor General, Customer, Collector or Comptroller of our said Soveraign Lord the King, his Heirs or Successors, belonging to them by the Laws and Statutes of the Realm of Ireland, do and shall stand in force, according to the purport and true meaning and intent of these presents. And the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, shall and may receive, take,The Farmers may receive the Customs by their own hands, or of their Agents. collect and levy to and for their own proper use, as well all and all manner of Customs, Subsidies, Imposts, Profits, Sums of Money, and other Duties before by these presents demised or granted, (except before excepted) which during the continuance of this Demise or Lease, shall grow due or be payable for the same Goods, Wares and Merchandizes, or any of them, (except before excepted) as well at and by all and every the Owner and Owners of the said Goods, Wares and Merchandizes and every of them, as also at and by the hands of any of their Deputies, Factors and Servants, or any other person or persons conveying and bringing inward as aforesaid, or transporting, conveying or shipping outward as is also aforesaid, the said Merchandize, Wares or Goods whatsoever, or by the hands of the [Page 42] Customers, Collectors, and every other Officers for the time being, of and in every the said Ports and places, the Customs and other Duties whereof and wherein are in and by these presents mentioned to be demised or granted unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, as aforesaid, at the free will and liberty of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns, and every of them, without any lett, disturbance, restraint, denyal or interruption of any Customers, Collectors, Comptrollers, Searchers, Waiters or any other Officers, Ministers or Attendants whatsoever, of his Highness, his Heirs or Successors, or any of them, of or in respect of the said Ports, Places and Creeks, and without any Accompt or Accompts,Without Accompt, other then the Rent reserved. or other thing therefore to be paid, yielded or done to his Highness, his Heirs or Successors, other than the Rent and Sums of Money by these presents reserved, or appointed to be yielded and paid to his Highness, his Heirs and Successors for the same. And also that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, and the Deputies, Factors and Servants of them and every of them, and all and every the Officers of the Custom-house, who are by any Letters Patents thereunto lawfully authorized, shall and may from time to time during the continuance of this Demise and Lease, at their and every of their wills and pleasures,The Farmers and their Servants as well by night as by day, may search Ships, enter Cellars, Shops, &c. as well by night as by day, go on board, view, search and survey every Ship, Vessel or Bottom, riding or lying within any of the said Havens, Ports, Creeks, and Places, and by day time to enter into any Cellar, Vault, Ware-house, Shop or Place, to view, search, and see whether there be any such Merchandizes, Wares or Goods, the Custom, Subsidie, Imposts, or other Duties whereof is not, nor shall not then be to them or some of them truly answered, paid or agreed for, or shall not then appear to them to be truly answered, paid or agreed for as aforesaid, according to the true meaning hereof; And also to examine the Shippers, Owners,To examine Shippers, Owners, &c. and other the Factors, Conveyors, Carriers, and bringers inward or outward of any the same Merchandizes and Goods, and every other suspected person and persons, in all convenient and lawful manner, upon their Oaths,Ʋpon their Oaths. without any lett, impediment, restraint, impeachment, contradiction or denyal of any of the Customers, Collectors, Searchers, Surveyors, Waiters, or other Officers, of or in the said Ports, Creeks and Places, or any of them, or of any other person or persons whatsoever; And further also to adminster any other Oath or Oaths,Power to administer Oaths. to any other person or persons whatsoever, for, touching or concerning the premisses, [Page 43] as fully and amply to all intents and purposes whatsoever, as any the Commissioners of the Customs or Excise, Customer or Comptroller in his Majesties Ports in Ireland, by vertue of his or their Offices, or of any Act of Parliament, or otherwise, may legally do; (the Fees and Duties for the Administration of such Oath or Oaths,The Fees for the Administration of the Oaths to be paid to whom of right they belong. nevertheless to continue and be paid and payable to such Officer & Officers, or other person or persons, to whom the same do, or of right ought to belong, or are ordered or established to be paid:) And for the better performance hereof, our said Soveraign Lord the King, for him, his Heirs and Successors, doth give full power and Authority unto the Lord Treasurer of Ireland, Chancellor and Barons of the Exchequer there for the time being, or any three or more of them, whereof the Lord Treasurer or Chancellor of the Exchequer for the time being to be one, to make forth under the Seal of the said Court of Exchequer,Court of Exchequer to issue out so many Commissions concerning the premisses, as the Farmers shall think fit. such and so many Commissions concerning the premisses, in and by these presents mentioned to be demised, or any thing thereunto appertaining or belonging, from time to time according to the course of that Court, as they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or such other person or persons shall think fit, to be directed to such persons as they, or any three or more of them as is aforesaid, shall in that behalf appoint; And that as well all and every the Officers and Ministers, which at any time or times during the continuance of these presents in force, shall have any Office or Authority from or under the Jurisdiction of the Lord High Admiral of Ireland, as also all and every the Customers, Comptrollers, Collectors, Searchers, Port-Reeves, Waiters, Surveyors,All the Officers of the Lord High Admiral, & his Majesty, and all other Officers and Ministers of his Highness, his Heirs and Successors, within any the Ports, Creeks or places whatsoever, shall from time to time during the continuance of this Demise or Lease, be aiding and assisting unto the said John Forth, William Bucknall, to be ayding and assisting William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, their Deputies, Factors and Servants, in every such search, and in all other the premisses and services,in every search, &c. for the most benefit and advantage of them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and their Deputies, Factors and Servants, in, about and concerning the premisses, to them before, in, and by these presents mentioned to be granted or demised, in as ample, beneficial, diligent manner, wise, order, decree and means whatsoever, as they and every of them should and ought to have been or done to our said Soveraign Lord the King, his Heirs or Successors, [Page 44] by any manner of means, for or concerning the same or any part thereof, if this present Lease or Grant had not been had or made, upon pain of imprisonment of every such person or persons that shall be so found obstinately faulty,Ʋpon pain of Imprisonment for the first, and forfeiture of his or their Offices for the second offence, together with further Fine and punishment. remiss or negligent therein, for his or their first offence to be committed; and under the pain and penalty of the loss and forfeiture of the Office of every such person or persons, for his or their second offence in that behalf to be committed; and also of such further Fine and punishment as to the Lord Treasurer of Ireland, Chancellor and Barons of the Exchequer for the time being, or any three or more of them, whereof the Lord Treasurer, or Chancellor of the Exchequer for the time being, to be one, shall be thought meet and convenient. And our said Soveraign Lord the King is pleased and contented, and by these presents doth covenant and grant for him, his Heirs and Successors, to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns, and every of them, by these presents, and doth ordain, That all such devices, concealments, practices, shifts, policies,Act practices withdrawings, hindrances, matters, causes and things whatsoever, that shall fortune to arise, grow, be done, or tend to the prejudice, hindrance, loss or decay of or unto his Highness, his Heirs or Successors,to the loss of the Farmers or of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or any of them,concerning the Customs, touching or concerning any of the Customs, Susidies, Imposts, Duties of Excise, and benefits before by these presents demised or granted, or mentioned to be demised or granted as is aforesaid, contrary to the effect and true meaning of these presents, together with all the devisors,together with the Practisers, shall be corrected, redressed and reformed practicers, concealers or doers thereof, shall from time to time during the continuance of these presents in force, as often as any such thing shall happen to be, and as need shall require, be corrected, amended, ordered, provided for, redressed and reformed: And that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, and every of them, shall have and receive full redress and reformation thereof and therein,by the Lord Treasurer of Ireland, &c. by the said Lord Treasurer of Ireland, Chancellor and Barons of the Exchequer for the time being, or any three or more of them, whereof the Lord Treasurer, or Chancellor of the Exchequer for the time being, to be always one, by any such lawful, convenient and reasonable ways, means, order or decree, as unto the said Lord Treasurer and Barons, or any three or more of them as aforesaid, shall be thought lawful, meet, necessary and convenient [Page 45] according to the true intent and meaning of these presents, to the best relief and benefit of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns.
And it is also further covenanted, declared and agreed,No seizures but by the Farmers & their Agents, or by his Majesties Searchers. That no seizure or seizures shall at any time or times hereafter be made, of or for any Goods, Wares or Merchandizes, not duly and lawfully Shipped, Exported or Imported, or for Non-payment of Customs, Susidies, or otherwise, but by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, Deputies, Agents, and Assigns, or by his said Majesties Searchers, or such other Officers or persons of or in the several Ports of the Kingdom of Ireland, which by vertue of their Offices, or any Grants or other Authorities to them or any of them in that behalf made or given, may or ought to seize. And further also, That all forfeited Goods, Wares and Merchandizes, hereby intended to be granted to, and received and taken by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators or Assigns, shall immediately after seizure thereof made, be brought and laid up in his Majesties Ware-house or Storehouse of and in the several and respective Ports where the same shall be so seized,The Goods seized are to be laid up in his Majesties Ware-houses, and not to be discharged without the consent of the Farmers, or by due course of Law. and not be disposed of and discharged without the consent of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or their Deputies, or their chief Officer or Officers in the said Ports respectively, or by due course and proceedings of Law, any Law, Use, Usage or Custom to the contrary notwithstanding. And whereas in and by the said late Act of Parliament, entituled, An Act for settling the Excise or New Impost upon his Majesty, his Heirs and Successors, according to the Book of Rates therein inserted; amongst other provisions touching the Excise for Goods Imported, it is provided, That every Merchant who is not a Shop-keeper, Retailer or Consumptioner, after Entry of his or their Goods by Bill under his or their [Page 46] hand,Bonds given by the Merchant Importer, not to deliver any Goods to the Shop-keeper without the Excise first paid. or the hand of such for whom he or they will engage to be answerable presently and before he or they be permitted to have any warrant to receive his or their Goods out of their Ship, or from the Water-side, shall make and enter into a sufficient Obligation either singly, if he or they be known Merchants, and reputed responsable persons, or otherwise with sufficient Security, and in such sum as shall be double the value of his or their Goods, with Condition that he or they shall not and will not deliver, or cause or suffer any of the said Goods to be delivered unto any of the Buyers thereof, or to be put into the custody or possession of any Shop-keeper or Retailer whatsoever, before such time as the Duty of Excise set and imposed by the said Act, be first duly paid and satisfied.If such Bond be not given, the Merchant Importer is liable to pay the Excise, or in case of refusal the Goods to be laid up. Ware-house room to be paid. And that if such Bond be not given, the Merchant Importer should be lyable to pay down the Excise, or in case of refusal, the Goods Imported to be laid up in his Majesties Ware-house, and not to be delivered out till such Bond given, or the Excise paid, and due consideration for the Ware-house-room during the time the Goods continued there, as by the said Act more at large appears. And whereas also our said Soveraign Lord the King is credibly informed, that divers persons have and do from time to time ship and lade divers Goods, Wares and Merchandizes, whereof the Customs, Subsidies, and other Duties are in and by these presents mentioned to be demised to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns,Port Bonds. at divers Ports, Havens, Creeks, and other places within the Realm of Ireland, pretending to carry, convey, discharge and unlade the same at some other Port, Haven, Creek, and other places of Lading and Unlading within the said Realm, or some of them; and do also enter into Bonds for the Discharging and Unlading of the same accordingly, and to return Certificates thereof, some and many of which persons do nevertheless transport, carry and convey the same into the parts beyond the Seas, whereby the same Customs, Subsidies, and other Duties are not truly and justly answered.
AND, Whereas our said Soveraign Lord the King, is likewise credibly informed, that for the good of the said Kingdom, and to prevent the transportation of Gold and Silver now a days,Bonds of Merchants-strangers, not to transport Gold or Silver. used by Merchants-strangers, the said Merchants-strangers are bound to our said Soveraign Lord the King to imploy within the said Kingdom such monies as they should receive within the said Kingdom for [Page 47] their Merchandize, which Merchants notwithstanding have and do many times neglect to imploy their said moneys in the said Kingdom to the great impoverishment of the said Realm, and also to the loss of the Customs and Subsidies; Therefore to the end that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, which are by these presents charged to pay so great Rent, for, and in respect of the said Customs, Subsidies, Duties of Excise, for Goods imported and other the premisses, may receive no hinderance, nor be defeated of that which by the true meaning of these presents they ought to enjoy by any such fraudulent and indirect dealings, Our said Soveraign Lord the Kings Majesty is pleased and contented, and by these presents for his Highness, his Heirs and Successors, doth give and grant unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, without any Accompt or other thing therefore to be paid,If forfeited, the benefit thereof, and of the judgments and executions thereupon, to be to the Farmers. rendred or made the whole forfeiture and benefit that shall be raised, gotten or had as well of and by all and every such bonds, obligations, bills and writings obligatory; and of all judgments, executions, and extents thereupon and compositions for the same; and also of, and by all bonds and obligations, which by force of, or according to the late Act of Parliament touching the Excise and new Impost, or the late Act of Parliament for the encreasing of shipping and Navigation, shall within the said time and space of six years, to be accompted as aforesaid, be by any person or persons whatsoever entred into, and by the labour, travel and industry of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, or Assigns, Deputies, Agents or Servants, or any of them at any time or times found out and discovered to be forfeited to our Soveraign Lord the King, his Heirs and Successors, during the continuance of the said term of six years, for, or in respect of any Goods imported, which by any Merchant importer shall be delivered out, or put into the possession of any Shop-keeper or Retailer, without payment of the Excise thereof first made, or for, or in respect of the Transportation of any the said Wares, Goods or Merchancizes, into any the parts beyond the Seas, or in respect of the not employment of the said moneys as aforesaid, contrary to the Tenor and effect of the said bonds, obligations, bills and writings obligatory, and the conditions of the same; and that it shall and may be lawful to, and [Page 48] for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, and every of them, in the name of our said Soveraign Lord the King, his Heirs or Successors, and at their own proper costs and charges, to sue, prosecute and implead in the Exchequer of his Highness, his Heirs or Successors, all and every such person or persons, by whom any such bonds, obligations,Liberty to prosecute those bonds in the Kings name. bills or writings obligatory shall be forfeited to our said Soveraign Lord the King, his Heirs or Successors, and his and their Sureties, and in the name and names of him, his Heirs or Successors, to procure judgment and sue forth execution of, and for all and every the penalties and sums of money, and forfeitures in the same bonds, obligations, bills or writings obligatory, or any of them contained unto his Highness, his Heirs and Successors, due or to be due as aforesaid, by reason of the same; and our said Soveraign Lord the King doth by these presents streightly charge and command the Treasurer of Ireland, Chancellor, Vice-Treasurer, Chamberlain and Barons of the Exchequer of his Highness, his heirs or successors for the time being, that when and as often as any the penalties, forfeitures and sums of money, so as aforesaid forfeited or to be forfeited, or due unto his Majesty, his heirs or successors,Exchequer Officers commanded to deliver the sums of money levied upon such forfeitures to the Farmers. upon or by reason of the said bonds, obligations, bills, and writings obligatory, or any of them, shall be leavied, paid and answered into the Exchequer, by the labour, travel or discovery of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or any of their Deputies, Agents or servants, or any of them; That then, and so often the said Lord Treasurer, Vice-Treasurer, Chancellor, Chamberlains and Barons of the said Exchequer for the time being, shall and may deliver, or cause the same to be delivered unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, to the only use and behoof of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, without any account or other thing to be therefore rendred, yielded or paid, all and every the said forfeitures, penalties and sums of money, so recovered, levied and paid into the said Exchequer, as is aforesaid, in recompence and satisfaction of such loss and detriment, as they or any of them shall sustain, [Page 49] by reason of any such delivery of Goods imported by the Merchant Importer, to any Shop-keeper or Retailer, without payment of the Excise thereof first made, or by reason of any such Transportation into the parts beyond the Seas, or not imployment of the said moneys, contrary to the Tenor and effect of the said bonds, obligations, bills or writings obligatory, and the conditions thereof or any of them;And these pres nts, or Inrolment thereof, shall be a sufficient warrant to the said Exchequer Officers. and these presents or the inrolment thereof shall be as well unto the said Lord Treasurer, and to the said Chancellor and Vice-Treasurers, Chamberlains and Barons of the said Exchequer for the time being, as to all other Officers and Ministers to whom in that behalf it shall or may appertain, a sufficient warrant and discharge in that behalf; And our said Soveraign Lord the King willing and intending that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall enjoy the benefit of all the said bonds, according to the Tenor, true intent and meaning of these presents, doth by these presents for his Highness, his Heirs and Successors, streightly charge and command all the Commissioners and Sub-commissioners of Excise respectively, and all other the Officers of his Highness,The Commissioners and Sub Commissioners of the Excise are commanded not to take bonds for the not delivery of Goods imported into the possession of any Shop-keeper or Retayler, without payment of the Excise first made, or Port bonds or Strangers bond, without security of sufficient men and such as they will undertake for. Nor shall the said bonds be taken up without the Farmers consent in writing. No Cocquet to be made, or deliver, or cancel the said bonds without their consent in writing. his Heirs and Successors, of and belonging to all, every or any of the Custom-houses within the Realm of Ireland; That they nor any of them, nor their nor any of their Deputies at any time hereafter, during the continuance of this Demise or Lease, do presume to take, or cause or suffer to be taken, any bond or writing obligatory, for or concerning the not delivery of Goods imported into the possession of any shop-keeper or Retailer, without payment of the Excise first made, or for or concerning the carrying of any Goods, Wares or Merchandizes, from any Port within the said Realm of Ireland, to any other Port of the same, or of any strangers for imployment of their money within the said Realm, of any other but good sufficient men, such as they will undertake for, if the parties so to be bound, shall prove unable to pay the sums of money in the same bonds or writings obligatory to be contained, unless the said bonds or writings obligatory shall be taken with or by the consent and good liking of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators and Assigns, or some of them thereunto first had by writing under their, or some or one of their hands; and likewise, that the said Officers shall not make any Cocquet or certificate, testifying the unshipping or landing of the said Goods, wares or merchandizes within the said Realm of Ireland, or deliver, cancel, or make void the said bonds or writings, or any of them, unless it be after notice first given to and with the consent and good liking of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet [Page 50] Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, in writing thereunto first had and obtained; all which his Majesty willeth and commandeth to be observed, as the said Officers and every of them will answer the contrary at their, and every of their uttermost perils, any Custom, Law, Statute, Usage, or either matter to the contrary hereof had in any wise notwithstanding; and in case the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, or Assigns, or some of them, shall not or may not have, receive and enjoy the full benefit of the forfeitures of such Obligations made for the not delivery of Goods imported to any Shop-keeper or Retailer,If the Farmers are hindred from the benefit of such forfeited bonds, without payment of the Excise first made, or for discharge of Merchandizes within the said Realm, or for the imployment of money received by the said Merchants-strangers, or of any part thereof by these presents granted or intended unto them,by reason of any former Grant. for or by reason of any other or former Grant or Grants thereof, or of any part thereof by his Majesty, or by his Royal Father of happy memory, to any other person or persons; It is his Majesties pleasure, and his Highness doth for him, his Heirs and Successors, covenant, grant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assign, by these presents; That they, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns,They are to have defalcation for so much as the conditions of the said bonds amount unto shall have full allowance, defalcation, deduction and abatement of, and for so much of the said forfeitures which shall be leavied, or for so much as the Customs, Excises and other Duties payable for the Goods mentioned in the conditions of the said Obligations shall amount unto, and as they cannot receive by the occasion aforesaid, and ought to enjoy according to the true meaning of these presents; and that it shall and may be lawful to and for them, or any of them to stay, keep and retain in their own hands out of the Rents or Sums of money,by way of Retainer. by these presents reserved, and to grow due and payable, or covenanted and agreed to be paid such, and so many sums of money as shall amount unto, and be sufficient to give them satisfaction and recompence for the same; And our said Soveraign Lord the King, for him, his Heirs, and Successors,Which is to be allowed by the Lord Lieutenant, &c. Without further Warrant. doth by these presents streightly charge and command, and also authorize the Lord Lieutenant, and other chief Governour or Governours of Ireland, and Councel there for the time being, and any six or more of them, (whereof the Lord Lieutenant, or other chief Governour or Governours of Ireland for the time being to be always one or more from time to time) to allow unto [Page 51] the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, full allowance, abatement, deduction and defalcation of, and for all such sums of money to be due by and upon such and so many of the said forfeited bonds,without further warrant as they cannot receive by reason of any such former Grants as aforesaid, and ought to have and enjoy according to the true intent and meaning of these presents, without any further or other warrant from his Majesty, his Heirs or Successors, to be had, procured or obtained.
AND, Our said Soveraign Lord the Kings Majesty is further pleased and contented, and by these presents for his Higness his Heirs and Successors, doth covenant and grant to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, that neither his Majesty, his Heirs or Successors, nor any of them, will at any time hereafter, until the end of this present Demise or Lease,His Majesties Covenants to lay no new Imposition upon any wares imported or exported without the Farmers consent impose or lay any new Imposition or Taxation upon any Wares or Merchandizes, whereof the Custom, Impost or other Duties are granted by these presents to be transported out of the said Realm into any the parts beyond the Seas, or to be brought during the continuance of this Lease from any the parts beyond the Seas into the said Realm, [...]ithout the assent, consent and good liking of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns,testified under their hands, unless a new Imposition be laid by Authority of Parliament. and testified under their hand or hands in writing, first had and obtained, unless such new Imposition shall be set and laid by Authority of Parliament; Provided further, and the said Kings most Excellent Majesty doth for himself, his Heirs and Successors, covenant, declare and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, and Assigns; by these presents; That in case at any time or times, during the Term of six Years hereby granted, as aforesaid, any new or further Duty, Custom or Imposition, shall be by his said Majesty, his Heirs and Successors,If any new Imposition be layd with their consent by and with the consent of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or by authority of Parliament be imposed or set upon, or due or payable for any forreigners wares,upon any forreigners Wares. goods or merchandizes, which shall be imported into the said Realm of Ireland, or any of them, or any parts or places in them, or any of [Page 52] them, over and besides, or more then the Duties, Impositions and payments now due and payable for the same,If any be, the Farmers are to the collection of it, that they then the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall during the rest and residue of the said Term of six Years, have the collecting and manageing, and be collectors and managers of such new imposed duty and duties, to and for his Majesties use and benefit; and to be Accountants and accountable for the same in such manner,and be Accountants for it. and to have such sallaries and allowances for their cares and pains therein, as by his said Majesty, his Heirs and Successors, and the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, or Assigns, shall be agreed on, and thought fit and convenient in that behalf: And whereas, by the Laws and ancient usage, Merchants paying their Customs and other Duties outward, if in their Journies their Goods and Merchandizes have been taken at Sea by Enemies in time of war or by Pyrates, have used to have allowance of their Customs and other Duties, so formerly paid upon their exportation of their Goods and Merchandizes in lieu and stead of the former, so taken as aforesaid. Now it is mutually covenanted and agreed by and between the Kings Majesty, for himself, his Heirs and Successors, and the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, Geor [...] Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, for themselves, their Executors, Administrators or Assigns; That if it shall happen,If goods shipt off, after Custom paid, during the continuance of this present Lease, that any such Coods or Merchandizes, for which the said Custom or other Duties shall be duely answered and paid, to be taken at Sea by any the Enemies of his Majesty,be taken by Enemies, Pyrates, &c. other goods may be shipt off Custom free; his Heirs or Successors, in time of War or by Pyrates, or when letters of marque or reprizal shall be so generally or frequently granted, that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns,but if the loss in these cases groweth considerable. His Majesty is to hear it, shall suffer considerable damage thereby, that then and in every such case and cases, upon due proof of such considerable losses to be made in such manner and form, as in other cases of defalcation is directed, his Majesty, his Heirs and Successors, will bear the loss thereof; And the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns,and the Farmers to have Defalcation. shall have defalcation and allowance made unto them of and for the same out of the Rent aforesaid, in such manner, and upon such just and due proof, and with such approbation [Page 53] as any other allowances are to be made according to the true meaning of these presents.
PROVIDED also, and it is further agreed, covenanted and declared; That the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Fo [...]h, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors and Assigns, shall pay and discharge all debentures for Repayment of Customs for Forreign Goods:If goods have been imported and paid custom before the commencement of this Lease, and shall be shipt out during the term the Farmers shall discharge all Debentures for repayment of such customs, and for it shall have Defalcation by way of retayner, with Interest, All such sums being first duly proved before the Lord Lieutenant, &c. Lord Lieutenant, &c. commanded to allow the same. the Customs inward whereof shall be paid before the feast of the Nativity of our Lord, next ensuing, before the date hereof, which have been, or shall be re-shipped or carried out of the said Realm of Ireland, during the said Term of six Years; And that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors and Assigns, shall have full allowance, deduction and defalcation out of the Rent, by these presents reserved, and shall and may re-imburse themselves by way of Recouper and Retainer of so much of the said Rent, as shall be sufficient to satisfie them and every of them, for all such and so much money as shall be by them paid, on or by force of such debentures, as aforesaid, with Interest for the forbearance thereof, every such sum and sums of money so paid, being first duly certified and made appear to be paid, as aforesaid, to the Lord Lieutenant, or other chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, as aforesaid; And our said Sovereign Lord the King doth for himself, his Heirs, and Successors by these presents, streightly charge and command, and also authorize the said Lord Lieutenant and other chief Governour and Governours of Ireland, and Councel there for the time being, and any six or more of them, whereof the Lord Lieutenant, or other chief Governour and Governours of Ireland for the time being, to be always one or more to make and allow unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, and Assigns, full allowance, abatement and defalcation of, and for all and every the said payments, sum and sums of money, paid and certified, or made appear to be paid for debentures, as aforesaid, out of the Rents and sums of money by these presents reserved according to the true intent and meaning of these presents, without any further or other warrant from his Majesty,without further warrant his Heirs or successors, to be had, procured or obtained in that behalf; And it is further agreed and declared, and the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Mus [...]hamp, Humphrey Taylor, and Ralph Bucknall, for Themselves, their Executors, Administrators and Assigns, do covenant, grant and agree to, and [Page 54] without our said Sovereign Lord the King, his Heirs and Successors, by these presents; That they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors and Assigns, shall and will,If goods imported, during the term whereof the custom is paid, shall be exported after the term, the Farmers shall discharge all Debentures for repayment of such customs with out Defalcation. Provided such Debentures be delivered to them within three months after the term. well and truly satisfie, pay and discharge all and every debenture and debentures, for repayment of Customs for forreign Goods, made and to be made within the aforesaid Term of six years (the Customs inward, whereof shall be paid, during the said Term) which at any time after the expiration of the said Term, shall be re-shipped or carried out of the said Realm of Ireland, without any defalcation, abatement or allowance, whatsoever; Provided, that the same debentures be brought in, or delivered to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or some or one of them, within three months after the end of the said Term of six years, any thing in these presents contained to the contrary thereof, in any wise notwithstanding. And furthermore, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, do covenant and grant for themselves, Executors, Administrators and Assigns, to and with our said Sovereign Lord the King, his Heirs and Successors, by these presents, that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, or some of them, shall and will, during the continuance of this present Lease or demise, in force well and truly by warrant and direction of the Lord Lieutenant,The Farmers by warrant from the Lord Lieutenant, &c. or other Governour or Governours of Ireland, for the time being, or by warrant and direction of the Lord Treasurer of Ireland, Vice-Treasurer, or the Chancellor of the Exchequer for the time being, in writing under their or any of their hands in that behalf, or by such other warrant in writing, as in Cases of this nature is usual to them or any of them, to be directed, and not otherwise, content and pay,are to pay all Customs, comptrollers, Officers, &c, their usual fees. or cause to be contented and paid to all and every Customer, Collector, Comptroller, Surveyor, Surveyor-General, and other Officer and Minister whatsoever, of our said Sovereign Lord the King, his Heirs and Successors, for the time being, of any of the Customs, Subsidies, Excises and duties, before by these presents demised or granted, during the Term of six years, unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, all and every such several duties, fees, and sums of money, as they and every of them have received, taken [Page 55] or been allowed for, by reason or in respect of their said Offices, in such like manner and form as hath been heretofore most accustomably used to be paid or allowed for the same, and thereof shall exonerate, discharge and save harmless our said Sovereign Lord the King, his Heirs and Successors, during the said Term; And so likewise shall and will from time to time yearly, during the continuance of the said term by like warrant and direction of the said Lord Lieutenant, or other chief Governour or Governours of Ireland, Lord Treasurer, Vice-Treasurer, or Chancellor of the Exchequer, for the time being, as aforesaid, in writing under their or any of their hands to them or any of them in that behalf to be directed,and by like warrant to pay the officers of his Majesties Exchequer, and not otherwise, pay and satisfie, or cause to be paid and satisfied unto all and every Officer, Minister and Ministers of his Majesty, his Heirs and Successors of and in the said Court of Exchequer, all such or the like several fees, duties and sums of money, as heretofore hath been used and accustomed to be paid to them by the several Customers, Comptrollers, Surveyors and searchers of the Ports aforesaid, and every of them or their deputies in such manner and form as the same should or ought to have been done or paid, if this demise and grant had not been had or made; And shall and will also from time to time, during the continuance of this demise or Lease for six years in force, content, satisfie and pay,as also all annuities, pensions and usual payments issuing out of the Customs, &c. or cause to be contented, satisfied and paid all and singular annuities or yearly payments, payable or issuing out of the Customs, Subsidies and other duties before, by these presents, demised and granted, or mentioned or intended to be demised or granted for six years unto all and every such person and persons, to whom any such annuities or yearly payments shall be due and payable,together with the arrears of such annuities, &c. by warrant. together with the arrearages of such annuities or yearly payments (if any such be) at the several times and days of payment thereof, upon warrant and direction of the Lord Lieutenant, or other chief Governour or Governours of Ireland, Lord Treasurer, Vice-Treasurer or Chancellor of the Exchequer for the time being to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or assigns, by writing under his or their hand or hands, to be in that behalf directed.
AND, Our said Sovereign Lord the King is pleased and contented, and by these presents of his special Grace, certain Knowledge, and meer motion for his Highness, his Heirs and Successors doth covenant, grant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood; William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, administrators and assigns, and every of them that for and in consideration of such several duties, fees, sums of money, annuities and payments, which the said John Forth, William Bucknall, VVilliam Dashwood, Philip [Page 56] Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Buucknall, their Executors, Administrators or Assigns, or any of them, shall from time to time, during the said Term of six years, so as aforesaid, satisfie, content and pay unto all and every the Customers, Collectors, Comptrollers, Surveyor, Surveyors General, Officers, Ministers and other persons respectively, accordigng to the true intent and meaning of these presents, as is is aforesaid, it shall and may be lawful to and for the said, John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns and every of them,and shall be defalked for such payments from time to time to deduct, defaulk and detain so much out of the yearly Rent and sums of money before by these presents; reserved or payable, as all and every such sum and sums of money, duties, fees and payments, as the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or assigns, or any of them, shall according to the true intent and meaning of these presents by such warrant or direction, as aforesaid, satisfie, content and pay unto all and every the Customers,out of the Rents next due after such payments, or at any oter time or times at their election, Collectors, Comptrollers, Surveyors, Surveyor General, Officers and Ministers, and other persons respectively; as is afore-mentioned, shall amount unto the same and every part thereof respectively to be deducted, defaulked and detained out of the next Rent or Rents to grow due next after such respective payments so to be made, as aforesaid, or at any other time or times after at their election; And that the Lord Lieutenant, or other chief Governour or Covernours of Ireland, Lord Lieutenant &c. to allow the same upon sight of the enrolment hereof, and on certificate under the hands and seals of such persons as shall receive the same. and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant or other chief Governour or Governours of Ireland, for the time being, to be always one or more, by force of these presents upon sight hereof, or of the enrolment, constat or explication thereof, and upon certificate or other sufficient testimony of payment of the said duties, fees, annuities, payments and sums of money aforesaid in writing, under the hands and seals of such persons which shall have received the same, as is afore-mentioned, shall have full power and authority by an Order in writing under their hands, to make and give allowance of the said deduction and defalcation accordingly, without any further or other warrant of his Majesty, his Heirs or Successors, to be had, sued for or obtained in that behalf; And the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, do for themselves, their Executors, Administrators and Assigns, covenant, promise and grant to and with our said Sovereign Lord the King, his Heirs and Successors by these presents; That they [Page 57] the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors administrators or Assigns, or any of them for their parts, shall not at any time during the continuance of this present demise and grant of six years, abate or diminish any Custom, Subsidy, Excise,The Farmer are not to abate or diminish any of the present rates and Customs. Rate, profits or duty, which shall arise, grow, or be due within any the said Ports or places, before, in and by these presents, mentioned from any Merchant, Importer or Retayler of Goods imported, or take any less or greater sum or sums, to the prejudice of his Majesty, his Heirs or Successors, or of any of his Subjects, for the Customs, Subsidies, Imposts, Excise, or other duties for any Wares, Merchandizes or Goods that shall be brought into or transported from any of the said Ports or places at any time during the said Term, by any Merchant, Alien, Stranger, Denizen or Natural Subject, other than such as by the Laws, Statutes and Customs of the said Realm of Ireland, have or ought to have been used to be taken for the same and every part thereof, without the assent of his Majesty,without his Majesties consent under the great Seal or Privy Seal; nor shall the Farmers do any act to hinder or damnifie his Majesty of or for any Custom, subsidy, &c. his Heirs or Successors, in writing under the great Seal or Privy Seal; nor shall nor will willingly do or suffer to be done any other act or thing whatsoever, whereby the Kings Majesty, his Heirs or Successors, shall or may in any wise be hindred or damnified of or for any Custom, Subsidy, Impost or other profit, after this present demise or grant ended or expired in any the Ports or places aforesaid; and that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall and will at all times, during the continuance of this Grant, be ordered and directed by the Lord Lieutenant, or other chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant or other chief Governour or Governours of Ireland, for the time being, to be always one or more, or by the Lord Treasurer, Vice-Treasurer,In all doubtful cases the Farmers are to be ordered and directed by the Lord Lieutenant, and Councel or by the Treasurer, Vice-Treaserer and Barons of the Exchequer. Chancellor and Barrons of the Exchequer, there for the time being in cases proper for the determination of the said Court of Exchequer, for or concerning any question or doubt, which shall hereafter arise or happen upon, or by Reason of any matter or thing which shall be done by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, their or any of their deputies or servants in or about the execution of these presents, or any other clause or article herein contained; And that they or any of them, their or any of their deputies, factors or servants, shall not at any time or times hereafter, during the continuance of these presents,They shall not willingly permit any Merchant to trade to the prejudice of any corporations, &c. licence or wittingly or willingly permit or suffer any Merchant or Merchants, their factors or servants to Trade [Page 58] or Traffick in any manner of way which shall or may be prejudicial or hurtful to any Corporations or bodies Politique of any Merchants incorporated by Letters Patents under the Great Seal of England or Ireland, by the Kings most Excellent Majesty, that now, is, or any of his Highness progenitors or Predecessors, or contrary or repugnant to the liberties and priviledges to them or any of them by any such Letters Patents, given or granted under colour or pretence of any clause, sentence, matter or thing in these presents given, granted or specified, any thing in these presents contained to the contrary in any wise notwithstanding:The moderation of all forfeitures. And moreover, whereas heretofore it hath happened, and many times hereafter it may fall out and happen that some forfeitures may be had made and committed by some Merchant or Merchants, their servants or sactors of their Goods, wares or Merchandizes by the strict penalties of the Laws and Statutes of the said Realm,concerning Customs, and some act or things may by them or some of them be done, perpetrated, committed or omitted, whereby their wares, goods and merchandizes may be seized as forseited by the strict Rules of the said Laws and Statutes of the said Realm,is to be submitted to such order as the Lord Lieutenant and Councel, or Treasurer, Vice Treasurer ard Chancellor of the Exchequer, by the advice of the Barons, shall make. whereas nevertheless in equity and conscience heretofore in such like cases, the Lord Lieutenant, or other chief Governour or Governours of Ireland, and Councel there for the time being, or some of them, or the Lord Treasurer, Vice-Treasurer and Chancellor of the Exchequer of Ireland, for the time being, have used according to his and their wisdom and conscience, sometimes by the advice of the Barons of the Exchequer for the time being, and sometimes by the advice of the Officers of the said Ports, to make some moderation thereof, and to give redress therein, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood; William Muschamp, Humphrey Taylor and Ralph Bucknall, do therefore covenant, promise and grant for them and every of them, their and every of their Executors, administrators and assigns, to and with the Kings most Excellent Majesty, his Heirs and Successors, by these presents, that in every such case, and when, and as often as any such case of Equity or Conscience shall happen; That they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and assigns,which orders &c the Farmers are to fulfill, perform and abide by. shall stand unto, perform, fulfil and abide all and every such order, direction and ordinance therein, as the Lord Lieutenant or other chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other chief Governour or Governours of Ireland, for the time being, to be always one or more, or the Lord Treasurer or Vice-Treasurer of Ireland, for the time being, the Chancellor of the Exchequer, by the advice of the Barons of the said Court of Exchequer for the time being, or any three of them, shall set down and appoint; And whereas heretofore [Page 59] in every of the said Custom-houses, in every of the said Ports and creeks within the said Realm, there hath been usually made unto Merchants, Factors, Masters, Shippers and Mariners, sundry allowances, and divers wares and merchandizes in cases reasonable, have been permitted and suffered heretofore, to pass both into the said Realm, and out of the said Realm Custom free, whereof and for which not Custom of late hath been demanded, yielded or paid according to a large continued usage heretofore accustomed and used in that behalf, which notwithstanding this present demise and grant, were fit and convenient to have coutinuance, during the continuance of this grant, for the better encouragement of all Merchants in the Trade of merchandize; Now therefore the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, do covenant, promise and grant, for them, their Executors administrators and Assigns, to and with our said Sovereign Lord the King, his Heirs or Successors, by these presents; That they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, their and every of their deputies and servants,The Farmers are to allow usual bills of store according to the Rules in the book of Rates. shall and will, during the continuance of this Grant allow to all and every Merchant, Master, Shipper and Marriner of any Ship or Vessel, such provision, favors, portage and store, as is provided, allowed, and made by and according to the Rates and Rules set down and expressed in the book of Rates now established: And if any variance, difference or controversie shall happen to,Differences between merchants and the Farmers, touching such bills of store to be decided by the Lord Lieutenant and six of the Councel with the advice of the Treasurer, Vice-Treasurer and Barons, or three of them. arise or grow at any time or times, during the Term aforesaid, between the said Merchants, Masters, Shippers and Marriners, or any of them; And the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators Assigns, deputies or servants, or any of them, touching the said provision; favors, portage and stores, so from time to time to be allowed, as aforesaid; That then the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, Assigns, deputies and servants, and every of them in all and every such cases, shall from time to time stand to perform and abide such order and direction therein, as the Lord Lieutenant or other chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other chief Governour or Governours of Ireland, for the time being, to be always one or more, shall by and with the advice of the Lord Treasurer, Vice-Treasurer, Chancellor and Barons of the Exchequer, or any three or more of [Page 60] them set down and appoint. And further also, that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and assigns, and their and every of their deputies and servants, shall and will at all and every time and times within the said Term of six years, to be accounted as aforesaid, permit and suffer all such foaring beer, and provision for every Ship and Vessel,They are also to allow to Ships outward bound reasonable foaring beer, and other provisions, with the privity of the Customers and Comptrolers of the Port, Custom free. which during the said Term shall happen to be bound to pass out of the said Realm into any the parts or places beyond the Seas, as they from time to time, with the privity of the Customers and Comptrollers of the port from whence it shall pass, or their deputies, or some or one of them, shall in their discretions think fit, reasonable and convenient, the same to be set down in writing under the hands of them or some of them, to remain and be Registred, in every Port and creek of the said Realm, with the Officers there, and without payment of any Custom, and without demand or challenge of any Custom, subsidy, duty, sum or sums of money, fee or other thing for the same: And if any variance or controversie shall happen to arise or grow at any time or times, during the Term aforesaid,and all differences thereupon to be regulated, as in the foregoing covenant. between the Merchant, Owner, or Master of any Ship or Vessel, so as aforesaid, to be bound to pass out of the said Realm; or any other person or persons; and the said, John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, deputies, assigns or servants, or any of them touching or concerning the said foaring beer, and provision, so from time to time to be allowed, as aforesaid; That then the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, deputies, Assigns and servants, and every or any of them, in all and every such cases, shall from time to time stand to and abide such order and direction therein, as the Lord Lieutenant, or other chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other chief Governour or Governours of Ireland, to be always one or more, by and with the advice of the Lord Treasurer, Vice-Treasurer, Chancellor and Barons of the Exchequer, for the time being, or any three or more of them respectively, as is aforesaid, shall set down and appoint in that behalf. And further also; That they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall and will from time to time, and at all times, during the said Term of six years, to be accompted, as aforesaid, remit and abate unto all and every [Page 61] person and persons, that shall build or cause to be built,The Farmers are to allow all such as build ships of three decks or two decks and an half, to make their first two voyages free from one tenth part of the custome. within any of his Majesties Dominions, any Ship or Vessel of three decks or two decks and an half, with a fore-castle and five foot between each deck, mounted with thirty peeces of ordnance at least, and other ammunition proportionable for the first two Voyages, that the said Ship or Ships shall make from his Majesties Dominions, to any forreign parts, one tenth part of the customs that shall be paid or payable to his Majesty, his Heirs and Successors, for all such goods and merchandizes, as shall be exported or imported in any the said Ship or Ships, to and from the said Kingdom of Ireland, according to the purport, intent and true meaning of the late Act of Parliament passed in England, for preventing frauds and regulating abuses in his Majesties Customs, and the provisions and clauses therein, in that behalf provided and made; And without any defalcation or abatement out of the said yearly Rent hereby reserved, or any other allowance or recompence to be therefore, or by reason thereof made, paid or rendred by his Majesty, his Heirs or Successors, or any person or persons whatsoever, unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or any of them. And that they, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them,The Farmers are to permit Merchant strangers in eight months to transport what they imported custom free. their and every of their deputies and servants from time to time, during the said Term of six years, to be accompted, as aforesaid, shall and will permit and suffer every Merchant, alien or stranger, his and their Deputies, factors and servants, and every of them, which have brought any goods, wares or merchandizes from any the parts beyond the Seas, into the said Realm of Ireland, being no goods prohibited to be brought into or carried out of the said Realm by any Statute or Restraint; And having there paid the Customs and Subsidies inward due for the same, to transport and carry out again the same goods, wares and merchandizes (the property or nature thereof being not altered or changed) out of any the Ports or Creeks aforesaid into any the parts beyond the Seas,And every Merchant, being subject born the property not being altered) to export the same goods at any time, within one year next after the first Entry of the same, upon the first bringing thereof. at any time within eight months next after the first entry of the same into the said Custom-books upon the first bringing thereof into the said Realm, free from all custom outward, and without demand or challenge of any custom, subsidy or duty for any such Transportation outward for the same; And likewise shall and will permit and suffer every Merchant being subject, born within the said Realm, his deputies, factors and servants, and every of them from time to time, during the continuance of this Grant, which have brought any wares, goods or merchandizes from any the parts beyond the Seas into the said Realm of Ireland, being no goods prohibited to be brought into or carried out of the said Realm by any Statute [Page 62] or Restraint, and there having paid the custom and subsidy inward due for the same, to transport and carry out the same goods, wares and merchandizes (the property or nature thereof being not altered or changed) out of any Ports or Creeks of the said Realm into the parts beyond the Seas at any time within one year next after the first entry of the same into the Custom-house book, upon the first bringing thereof into the said Realm, free of all Customs outward, and without demand or challenge of any Custom, Subsidy or Duty for any such Transportation of the same, as is aforesaid: And that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors,Victuals and apparel for his Majesties service by warrant of Lord Lieutetenant, Treasurer, &c. to be custom free. Administrators and Assigns, and every of them, their and every of their deputies, servants and factors, shall and will permit and suffer from time to time, during the continuance of this Demise, all manner of victuals and apparel provided or to be provided for any of the Kings Majesties Armies, which shall then be within the Realms of England or Scotland, or elsewhere, and all apparel provided or to be provided for any the Kings Majesties Armies and Garrisons, and every of them in any place wheresoever, as shall be allowed by warrant in writing under the hand of the Lord Lieutenant or other chief Governour or Covernours of Ireland for the time being, or under the hand of the Lord Treasurer, or Vice-Treasurer of Ireland for the time being, to pass and to be transported out of any the said Ports and Creeks, into the said several places beyond the Seas respectively, whereunto they shall be directed custom free, and without demand of any Custom, Subsidy, Duty, Sum or Sums of money, for any custom outward for the same victual and apparel, and every of them, so to be Transported as aforesaid; And shall and will permit and suffer also all such necessary provisions, as shall be yearly provided within the said Realm for the Service of his Majesties Navies, Armies or Garrisons, or any Officers, Souldiers or Mariners therein being, and shall by the Lord Lieutenant, or other Chief Governour and Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant, or other Chief Governour or Governours of Ireland, to be always one or more, be limited and set down in writing under his hand or their hand or hands to pass and be transported into every place and places, where the same shall be appointed and directed to be carried and unladen, without lett, impediment or hinderance of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or any of them, or of their, or any of their deputies and servant custom free, and without demand of any Custom, Subsidy, Duty, Sum or Sums of money for the the transportation or for the custom for the same; Provided always, and it is hereby declared, that all apparel, victuals and other provisions laden on board by pretence [Page 63] of such warrants,what exceeds those warrants, and is exported for merchandize to pay. and exceeding the quantities in such warrants mentioned, if the same be laden on board with intent to be sold and uttered by way of merchandize, shall be subject and lyable to the payment of customs, any thing herein before contained to the contrary notwithstanding. And also shall and will in like manner permit and suffer all and every such person and persons as shall have license to pass and depart out of the said Realm,Such as have licence to pass beyond Sea, are to be suffered to go without exaction, and of custom for apparel only. into any the parts beyond the Seas, by bill signed by the Kings Majesty, his Heirs or Successors, or by warrant from the Lord Lieutenant, or other chief Governour or Governors of the Kingdom of Ireland, for the time being, to pass and depart out of the said Realm according to such licence at any time, during the continuance of these presents, without the lett, hinderance or disturbance of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, or any of them, their or any of their deputies or servants free of custom of their apparel only, and without demand or challenge of any custom, subsidy, duty, sum or sums of money due for the same; and shall also at all and every time and times, during the continuance of this present demise,Presents to Forreign Princes, sent by Ʋs or any company of Merchants to pass custom free. permit and suffer all such goods, wares, merchandizes or jewels, which shall happen to be sent for presents or gifts, either from the Kings Majesty, his Heirs or Successors, or from any Company or Corporation of Merchants within the said Realms of England or Ireland, to any foreign King, Prince or Potentate, every or any of them, custom free, and without demand of any custom, duty, sum or sums of money, for or by reason of the same; And that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns or any of them, their or any of their deputies or servants, shall not under colour or by pretence of this present demise and grant,The Farmers to suffer no prejudice to be done to the Prizage or Butlerage, and the Lord Ormond to enjoy the benefit of his Patent, paying the usual duties. do or suffer to be done, or cause to be done or suffered any act or acts, thing or things, that may be hurtful or prejudicial to the butlerage or prizage of wines, or to the Office of the Kings Majesties Butler of the said Realm of Ireland. Provided also, and the true intent and meaning of all parties to these presents, are, that nothing herein contained shall extend or be construed to extend to prejudice any Letters Patents or Grant heretofore made under his Majesties great Seal of England or Ireland, or either of them, unto the Right Honourable James Duke of Ormond, or any his Ancestors of the prize wines which shall become due and payable within his Majesties said Kingdom of Ireland, during the said Term of six years; but that the said James Duke of Ormond, his Heirs and Assigns, shall and may fully, clearly and absolutely, paying only the usual duties accustomed to be paid, receive the full benefit of all and every such Letters Patents, according to the true purport and meaning of them and every of them, any thing [Page 64] in these presents contained to the contrary thereof in any wise notwithstanding. And that the said John Forth, William Bucknall William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, and every of their deputies and servants, shall and will from time to time, during the continuance of this Demise or Lease, give unto the Company of Merchants in England, trading or which shall trade unto the East or West-Indies, or into the Countries newly discovered or hereafter to be discovered, and to all other Corporations or Companies of Merchants incorporated or authorized by several Charters under the great Seal of England or Ireland, either by the Kings Majesty or by his Noble Progenitors and Predecessors, and to the singular members of such Companies and others such reasonable days and times for the payment of their and every of their Customs,Time to the companies and their members for payment of their customs upon good security. Poundage and other duties upon good and sufficient security, as shall be between the said Merchant, and the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assign, and every of them, their and every of their deputies and servants agreed upon, or in default of such agreement, such days and times upon good and sufficient security, as are given to the said Companies and Corporations of Merchants,according to their Letters Patents. and every of them, by the Kings Majesty or any of his Progenitors or Predecessors, in his or their several Letters Pattents under the great Seal of England or Ireland, severally and respectively made unto the said Companies or Corporations of Merchants, and every of them, for the payment of their customs, subsidies, poundage, duties and sums of money hereby granted and demised, which shall be due and payable at any time within the said Term of six years, to be accompted as aforesaid, for or by reason of any goods, wares or merchandizes, by them the said Merchants to be transported out of or brought into the said Realm, And the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, do for themselves and every of them, their and every of their Executors, Administrators and Assigns, covenant, promise and grant to and with our said Soveraign Lord the King, his Heirs and Successors by these presents;If any goods, whereof the custom shall be compounded for within the Term, shall be shipt out after, the Farmers shal pay those customs to his Majesty over and above the Rent. That if any Merchant, alien, stranger or denizen, or natural born subject, within the said Realm, shall at any time or times, during the continuance of this present demise or lease, satisfie and pay to them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknal, their Executors, Administrators or Assigns, or any of them, the custom, subsidy, impost and other duty due for or in respect of the transportation of any goods wares or merchandizes, or [Page 65] shall at any time or times, during the continuance of this present lease and demise, compound and agree with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their deputies, servants and factors, or any of them, for the custom, subsidy, impost and other duties, of any such goods, wares and merchandizes; the said goods, wares and merchandizes, for which such custom, subsidy or impost shall be so paid or compounded for, as is aforesaid, not being shipped or laden into some Ship or other Vessel within the continuance of this present lease and demise, to the intent to be from thence transported from the Ports, Havens and Creeks aforesaid, into the parts beyond the Seas, that in every such case upon such proof thereof to be made, as the Lord Treasurer, Chancellor, and Barons of the Exchequer for the time being, or any three or more of them (whereof the Lord Treasurer of Ireland, or Chancellour of the Exchequer for the time being to be one) shall allow of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, shall within ten days next after such proof, so to be made, as aforesaid, satisfie, content and pay, or cause to be satisfied, contented and paid,Within ten days after proof, to pay to his Majesty over and above the rent. unto our said Soveraign Lord the King, his Heirs or Successors, into the Receipt of the Exchequer of his Highness, his Heirs and Successors, at Dublin, so much money as the customs, subsidies and impost of such goods, wares and merchandizes, so to be paid or compounded for, and not shipped before the end of the said Term of six years, to be accounted as aforesaid, shall duly and truly amount unto over and above the yearly Rent and sums of money, in and by these presents reserved and payable; And to the intent and purpose, that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, may be the fuller impowred and the better enabled to their own proper use and behoof, to discover, demand, levy, collect, recover and take, during the Term aforesaid, all and every the customs, subsidies and duties of Excise and new Impost, and all other sums and duties whatsoever hereby granted, and also may be the better assured to enjoy the same according to the true intent and meaning of these presents; His said Royal Majesty doth for himself, his Heirs and Successors covenant, promise, grant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralp Bucknall, their Executors, Administrators and Assigns, in manner and form following (that is to say) That the Lord Lieutenant or other chief Governour or Governours of his Majesties said Kingdom of Ireland, or the Lord Lieutenant, or other chief Governour [Page 66] or Governours, and Privy Councel there for the time being respectively, shall and will from time to time, during the continuance of this present Lease, so far as they are impowred by Law, constitute and appoint the said John Forth, That the Farmers or such persons, as they shall appoint, shall be Commissioners and collectors of the customs and excise, and no other. William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or such other person or persons, as the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall nominate and appoint, and no other Commissioners and Collectors of and for said Customs and Subsidies of Tonnage and Poundage, and Commissioners and Governours of and for the said imported duties of Excise and new Impost, with full power and authority, so far as the Laws shall permit, to nominate and appoint such Sub-Commissioners, Deputies, Waiters, Collectors, and other Officers respectively, in the several and respeective Ports and places of his Majesties Kingdom of Ireland, and the Islands and Territories thereto belonging from time to time, during the said Term of six years, as fully as the late Commissioners of the Customs and Excise, or the said Treasurer of the Kingdom are impowred by the said Acts of Parliament, herein before particularly recited or either of them, and as is therein declared, limited and appointed, so as such person or persons so to be nominated by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, be persons of Integrity and honest conversation, and not be disabled by the said Acts or either of them, or by any other Law or Statute in the said Kingdom of Ireland, to execute the same Offices and Imployments. And whereas by the thirteenth Rule, order and direction annexed unto, and following the said Act of Tonnage and Poundage, the said Lord Lieutenant, Deputy, or other chief Governour or Governours, and Councel of the said Kingdom of Ireland, for the time being, are authorized to appoint one certain Port in each Province of the said Kingdom of Ireland, where Merchants, strangers or others importing goods or merchandize into the said Realm of Ireland, with the intent to export the same again, may make composition or compound for the duties of goods; And whereas Rules and Instructions for the regulating the Ports so to be appointed, as aforesaid, are to be approved of by the chief Governour or Governours, and Councel of the said Kingdom of Ireland, for the time being. Therefore the said Governour or Governours, and Councel for the time being, shall from time to time,Such one Port and no other in each Province to be appointed for a free Port, As the Lord Lieutenant, &c. shall think, and may consist with publick safety. The Farmers are to observe all rules in the Act for Tonnage and Poundage. during the said Term of six years hereby granted, appoint such one Port, and no other in each Province, and ratifie, approve and allow of such Instructions and Rules for the regula ing thereof, so far as the same is lawful and may consist with publick [Page 67] safe, as they the said chief Governour and Governours, and Councel there for the time being, or any six or more of them, whereof the chief Governour or Governours to be always one or more shall think fit. And further, that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, shall and will during the said Term of six years, duely observe such Rules, Orders and Directions for Advancement of Trade and Encouragement of Merchants, as are prescribed and laid down in the Act for settling the Subsidies of Tonnage and Poundage on his Majesty, his Heirs or Successors, herein formerly mentioned; and also all other Acts now in force, prohibiting the Exportation of Wool, Leather, or any other thing whatsoever,And the Act prohibiting the exportation of Wool, Leather, and other goods. prohibited to be exported out of the said Kingdom of Ireland (except as herein is excepted and provided for) and shall not nor will not do, or willingly suffer to be done any thing or things whatsoever, contrary to any of them, or the Rules, Orders and directions in them, or any of them prescribed (except as herein is excepted and provided for) nor shall not nor will not do, or willingly suffer or permit any Goods or Merchandize to be shipped or landed,Notice to the Kings Officer upon goods landed but in the presence of or after due notice given at his place of Office unto such Officer or Officers, as by his Majesty, his Heirs or Successors, or by the Lord Lieutenant, Deputy, or other chief Governour or Governours of Ireland, and Councel of the said Kingdom of Ireland, for the time being, shall be appointed to that purpose, or some of their Deputies, nor shall not within the space of six Months,They shall not towards the end of the Term fill the Markets. immediately next before the Expiration or other Determination of the said Term of six years, directly or indirectly design or contrive to anticipate the Receipt of his Majesty, his Heirs or Successors, by inviting, treating or compounding with any Merchant or Importer to Import Goods to fill the Markets.
THE IN-LAND EXCIZE, AND ALE and BEER LICENCES.
AND His Majesty of his more abundant special grace, certain knowledge, and meer motion, hath demised and granted, and by these Presents for his Highness, his Heirs and Successors, for and in consideation of the 70000 l. so as aforesaid advanced, and of the Covenants and Agreements herein also contained,Demise of all the In-land Excize. doth demise and grant unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, all and all manner of Rates, Charges, Impositions, Sums of Money, Payments, and Duties of Excize whatsoever, which by vertue of the Act aforesaid, or otherwise howsoever, shall at any time after the 25th. day of March 1671. unto the 25th. day of December 1675. inclusive grow due, and renew, and from time to time, during the term aforesaid, ought to become due and payable, and are appointed to be paid unto his Majesty, his Heirs and Successors, for or in respect of any Beer, Ale, Strong-Waters, or other Excizeable Liquors brewed, or made, vended, spent or consumed within the said Realm of Ireland, or for or in respect of any the Goods, Merchandizes or Commodities whatsoever, which are of the Native Growth, Production, or Manufacture of the said Realm of Ireland; and all other the Duties of Excize whatsoever, commonly called or known by the name of the In-land Excize; and also that Duty or Sum of Twenty Shillings, And the duty of Twenty shillings for Ale and Beer Licences. which shall grow due and payable annually to his Majesty, by such Persons who shall yearly be Licenced to sell Ale and Beer in their Houses by Retail for and in respect of such Licence; and all other Duties of that nature, which by vertue of the said late Act of Parliament, entituled, An Act of the Improvement of His Majesties Revenue upon the granting of Licences for the selling of Ale and Beer, or otherwise howsoever, shall or may at any time after the 25th. day of March, which shall be in the year of our Lord One thousand six hundred seventy and one, unto the Five and twentieth day of December, which shall be in the year of our Lord One thousand six hundred seventy five inclusive, grow due, and renew, or from time to time, during the term aforesaid ought to become due and payable, and are appointed to be paid [Page 70] unto our said Soveraign Lord the King, his Heirs or Successors, or any of them.
Habendum.] TO HAVE AND TO HOLD all and singular the Rates, Charges, and Impositions, Sums of Money, Payments, and Duties of Excize whatsoever, which by vertue of the said late Act of Parliament, touching or concerning the Excize, are due and payable unto His Majesty, his Heirs and Successors, for or in respect of any Beer, Ale, Strong-Waters, or other Excizable Liquors brewed, or made in the Realm of Ireland, or for or in respect of any Goods, Wares, or Merchandizes of the growth, production, or manufacture of Ireland, and all other the Duties of Excize whatsoever, commonly called or known by the name of, The In-land Excize; And also all that Duty of Twenty Shillings, which by vertue of the said late Act of Parliament touching or concerning Licences for selling Ale and Beer, will be yearly due and payable to his Majesty, his Heirs and Successors, from every Person and Persons taking or renewing any Licence for selling Ale and Beer, by Retayl, (except before excepted) unto the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, from the Twenty fifth day of March, From the4 25th day of March 1671 for Four years and three quarers. which shall be in the year of our Lord One thousand six hundred seventy one, for, during, and until the full end and term of Four years and three quarters of a year from thenceforth next ensuing, and fully to be compleat and ended, to the onely proper use, benefit, and behoof of John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, without any Account, Matter or other thing to be yielded, made, or done for the same, other than the Rents and Sums of Money, and other things herein before or hereafter, in and by these presents reserved and covenanted, or agreed to be paid or performed, and in as large and ample manner as his Majesty may, might, or ought to have, take, or enjoy the same by force or vertue of any Statute or Statutes, Act or Acts of Parliament, Custom, Use, Usage or Prescription, and as largely, amply and beneficially as his Majesty may demise or grant the same, or any part thereof, or as the same are hereby mentioned, meant or intended to be demised or granted; Any Law, Statute, Act or Acts of Parliaments, and more especially the Clause in the said late Act of Parliament,Non obstante the Clause in the Act for Ale and Beer Licences. intituled, An Act for the Improvement of his Majesties Revenues, upon the granting of Licences for selling Ale and Beer, which enacts, That all the Sums of money due and payable by the said Act, shall be duly and constantly paid into his Majesties Court of Exchequer, and shall not be set or let to Farm, his Majesty intending to retain the same in his own hands, and not to interest any private Person whatsoever with the profits thereof; and that all and every such Lease, and [Page 71] every Clause of Non obstante therein contained, should be utterly void; And that all such Lessees or Farmers should be Accountants unto His Majesty for all profits received by pretence of any such Grant or farme; And also the Clause in the said late Act of Parliament, intituled, An Act for setling of the Excize, And also the Clause in the Act for Excize. or new Impost, upon His Majesty, His Heirs or Successors, according to the Book of Rates therein inserted; which prohibits any Lease to be thereof made, during the space of seven years next ensuing the said Act, or after the said seven years, without the Advice of the Chief Governour or Governours of Ireland, or six or more of the Council of that Kingdom; and reserving the highest Rent which in any one of the seven years next succeeding the said Statute was yielded and paid unto His Majesty, and which declares any Lease made contrary to the said Act to be void; And also all and every Ordinance, Order, Custome, Proclamation, Letters Patents,And every Ordinance, Order, Custome, &c. Provision, Restraint, or any other matter or thing had or made, or to be had or made, to the contrary hereof in any wise notwithstanding.
YIELDING and PAYING, and the said John Forth, Yielding and paying. William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, for them, and every of them, their and every of their Heirs, Executors and Administrators, and every of them, do by these presents covenant to and with our said Soveraign Lord the King, his Heires and Successors, to yield and pay unto our said Soveraign Lord the King, his Heirs and Successors, for and during the residue of four years and three quarters of a year, mentioned in this present Demise; That is to say, from the Feast of the Annunciation of our blessed Virgin Mary, which shall be in the year of our Lord 1671. for and during the terme of four years, and three quarters of a year, from thence next ensuing; and upon the Feast of the Nativity, which shall be in the year of our Lord 1675.From our Lady day 1671, to Christmass 1675. yearly. fully to be compleat and ended, at or into his or their Receipt of Exchequer at Dublin, or by such other payments, and with such Deductions,, Abatements and Allowances, and in such manner as in and by these presents is mentioned yearly, and every year, during the said four years and three quarters of a year last before mentioned; the Rent following, That is to say; the full yearly Sum of Fifty three thousand pounds sterling of good and lawful Money of England, The Rent of 53000 l. for the first four years, at the usual feast. during the first four years of the said Terme, or so much other lawful and current Money of Ireland as shall be equivalent thereunto, at or before the four most usual Feasts in the year, That is to say, the Feast of the Annuntiation of the blessed Virgin Mary, the Feast of the Nativity of Saint John the Baptist, the Feast of Saint Michael the Arch-angel, and the Feast of the Nativity of our Lord, by even and equal portions; The first quarterly payment of the said yearly Rent of Fifty three thousand pounds reserved, during the said first four years, to begin and to be made upon the Feast of the Nativity of Saint John the Baptist, The first quarterly payment to begin upon the feast of Saint John the Baptist, 1672. [Page 72] which shall be in the year of our Lord God One thousand six hundred seventy two; And for the last three quarters 39750 l. at the usual Feast-dayes. And during the three last quarters of a year of the said terme the full Sum of Thirty nine thousand seven hundred and fifty pounds of lawful English Money, or so much lawful and current Money of Ireland as shall be equivalent thereunto, at or before the three last and usual Feast dayes of the said Term; That is to say, the Feast of the Nativity of St. John the Baptist, the Feast of Saint Michael the Arch-angel, and the Feast of the Nativity of our Lord Christ, by even and equal portions; the first quarterly payment of the said Thirty nine thousand seven hundred and fifty pounds reserved, during the last three quarters of a year, to begin and be made upon the Feast of the Nativity of St. John the Baptist, which shall be in the year of our Lord God One thousand six hundred seventy and five.
And whereas by vertue of the said late Act of Parliament, Intituled, An Act for the settling of the Excize or new Impost upon His Majesty, His Heires and Successors, according to the Book of Rates therein inserted, it is amongst other things provided, That if any Vintner, Inne-keeper, Victualler, Alehouse-keeper, or maker or Distiller of Aqua-vitae or Strong-waters, using common selling and retailing of Beer, Ale, Aqua-vitae or Strong-waters in his or their Houses, should think fit to compound for the Excise of all Beer, Ale, Aqua-vitae or Strong-waters, which he or they shall brew, make, distill, draw, retail or vend, in his or their Houses; That the Commissioners or Sub-Commissioners of Excize respectively should have authority to make such Composition for any time, not exceeding twelve moneths; and at such Rates to be paid monethly as they shall think reasonable; So as the Rates were not less than such Compounder had paid for Excize in twelve moneths before going; And that upon such Composition made, the Party compounding should with able Sureties enter into a sufficient Obligation to our Soveraign Lord the King, for paying and performing such Composition; and thereupon should be discharged from making any weekly Entries during the time of such Composition, and from all Fines, Penalties and Forfeitures concerning the same; as by the said Act more at large appeares, His Majesty is graciously pleased to covenant and agree, and by these presents for Himself, His Heirs and Successors,If any composition for Excize shall be made by the Commissioners, or Sub-Commissioners, with any Retailer or Distiller, which shall continue of force during the terme. doth covenant and agree to and with the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, and every of them; That if at any time hereafter, and before the Feast of the Annuntiation of the blessed Virgin Mary, which shall be in the year of our Lord God One thousand six hundred seventy one, any such Composition or Agreement for Excise shall happen to be made with any of the Persons aforesaid, shall continue in force after the said Feast of the Annuntiation last mentioned; or if at any time after the commencement [Page 71] of this present Demise and Grant for Four years and three quarters of a year, any new or other Composition or Agreement shall happen to be made with any such Vintner, Inn-keeper, Victualler, Alehouse-keeper, or Maker or Distiller of Aqua-vitae or Strong-waters, for the Excize of such Beer, Ale, Aqua-vitae or Strong-waters, as he or they usually brew, make, distill, draw, retail or vend in his or their Houses; which Composition shall remain and be of force during any part of the said term of Four years and three quarters, That then, and in every such case,The Farmers shall have the benefit of the same, and the Moneys payable thereupon. it shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, to have, hold, take, receive, and enjoy to their own proper use, benefit and behoof, all and every sum and sums of Money, which by reason or vertue of any such Composition or Compositions, Agreement or Agreements made, or to be made as aforesaid, shall at any time during the said term of Four years and three quarters of a year, grow due and payable, without any Account or other Matter or Thing to be therefore rendred or given, other than the Rent by these presents reserved. And if any of the said sums due or payable, during the said term, for or in respect of any such Composition as aforesaid, shall be behind and unpaid, by reason whereof the Obligations and Securities entred into for the payment and performance of such Composition, shall become forfeited unto his Majesty;
Our said Soveraign Lord the Kings Majesty is pleased and contented, and by these presents, for his Highness, his Heirs and Successors,And the Forfeiture. doth give and grant unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, without any Account or other thing to be therefore paid or rendred, other than the Rent by these presents reserved, the whole forfeiture and benefit that shall be raised, gotten, or had by all and every such Obligations and securities, and of all Judgments, Executions and Extents thereupon, and Compositions for the same; and that it shall be lawful for them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, in the name of our said Soveraign Lord the King, his Heirs and Successors,With power in the Kings name to sue the Obligations. and at their own proper Costs and Charges, to sue, prosecute, and implead in his Majesties Court of Exchequer, all and every Person and Persons, by whom any such Obligation shall be forfeited, and his and their Sureties, and in the name or names of Him, his Heirs or Successors, to procure Judgement, and sue forth Execution of and for all and every the Penalties and Forfeitures in the [Page 72] said Obligations contained; and our said Sovereign Lord doth hereby Command the Lord Treasurer,And the Lord Treasurer, &c. are commanded to deliver the said Forfeitures, when levied, to the Farmers. Vice-Treasurer, Chancellor, and Barons of his Court of Exchequer for the time being, that when and as often as any of the said Penalties and Forfeitures of the said Obligations shall be levied or paid into the said Court of Exchequer, so often all and every the said Penalties and Forfeitures be delivered unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, to their own onely use and behoof, without any other or further Account; And for so doing, these Presents, or the Enrollment thereof, shall be to them, and every of them, and to all other Officers and Ministers to whom it shall appertain, a sufficient warrant and discharge in that behalf.
The Commissioners and Sub-Commissioners are to take no Securities, but such as they will answer for.And our said Sovereign Lord the King doth further charge and command all and every the Commissioners and Sub-Commissioners of Excize respectively, that they presume not to take any Obligation or Security for paying or performing any Composition or Agreement for Excize, which shall have continuance or effect, during any part of the said term of Four years and three quarters of a year hereby granted; but of such sufficient Persons, for whom they will undertake, if the Parties prove unable, unless the said Bonds be taken with or by the consent and good liking of the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, or some of them hereunto first had by writing under their, or some of their hands;Nor cancell any without the Farmers consent. And that they do not deliver, cancell, or make void the said Bonds or Writings, or any of them, unless it be after notice first given to, and with the consent and good liking of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, or some of them, in writing thereunto first had and obtained.
And if any Act done, or to be done by his Majesty, his Heirs or Successors, or by the Lord Lieutenant, or other Chief Governor or Governours of Ireland and Council there for the time being, or by the Lord Treasurer, Vice-Treasurer, Chancellor, and Barons of the Exchequer, or any Officers and Ministers of his Majesties Revenue for the time being, or by any of them, shall be any obstruction or hinderance unto them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, in the having or receiving the full benefit of such forfeited Obligations, and the [Page 73] Penalties thereof, or of the Judgements and Executions thereupon had,If the Farmers are hindred of those Forfeitures, they are to have Defalcation, By way of Retainer. (the due Fees of the Officers of the Exchequer onely excepted) then his Majesty is pleased that there shall be an allowance and defalcation made by way of recouper and retainer of so much of the Rent by these presents reserved, as may be sufficient to give recompence and satisfaction for the same. And his Majesty doth hereby authorize the Lord Lieutenant, or other chief Governor or Governors of Ireland, and Council there for the time being, and any six or more of them, whereof the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, to be alwayes one or more,And the Lord Lieutenant, &c. authorized to allow the same. to grant unto them an Order in writing for the allowance of such Defalcations, without any other or further warrant from his Majesty to be therefore had and obtained.
And they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, for themselves, and every of them respectively, and for their respective Heires, Executors and Administrators, do further covenant, promise, grant and agree, to and with his Most Excellent Majesty, his Heires and Successors,The Farmers covenant, not to demand more of the Subject than what shall be agreeable to Law. that neither they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, nor any of them, nor their, nor any of their Executors, Administrators, Deputies, Officers, or Substitutes, nor any of them, shall or will within the space or compass of any one quarter, or fourth part of a year, during the said terme of four years and three quarters of a year hereby demised, the said quarters to be accounted successively the one after the other, immediately after the commencement of the said terme of four years and three quarters of a year, demand, receive, collect, gather, or take by way of composition, or otherwise, from any Brewer or Victualler, or other person whatsoever, any more or greater Sum or Sums of Money, by vertue, colour or pretence of these presents, than shall be due and payable by any such Brewer, Victualler, or other person or persons, for his or their Excize for that quarter respectively, or shall be in arrear for their Excize before the beginning of such a respective quarter, or shall be agreeable to the Laws and Statutes of Excize.
HIS MAJESTIES GENERAL COVENANTS.
He Maje [...] Cove [...] re [...] [...]o all [...]ns.AND further, to the intent the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, John Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, may be the better enabled to pay the Rent and Sums of Money by these presents reserved and payable to the Kings Majesty, his Heirs and Successors, at the dayes and times herein before limited and appointed for the payment of the same, our said Soveraign Lord the King is pleased and contented, and for Him, his Heirs and Successors, of his especial grace, certain knowledge, and meer motion, doth covenant and grant to and with the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, and every of them, by these presents, That if the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Deputy or Deputies, Executors, Administrators or Assignes, or any of them, for any difficulty, delay or doubt, that they or any of them shall find in recovering or levying of the said annual Rents or Payments, Duties of Hearth-money, Duties arising by Licenses for retailing Wine or Strong-waters, Customes, Subsidies, Imposts, Sums of Money, Duties of Excize for Goods imported, Duties of Excize for Ale and Beer, and other the Duties of In-land Excize; Duties arising by Licenses for retailing Ale and Beer, and all other the Duties, Revenues, Profits and Premises respectively demised as aforesaid, or mentioned to be hereby demised, granted or leased, or of any part or parcel of the same; and which by the true intent and meaning of these presents, they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, ought to have, take and receive to their own use, after the same shall become due and payable, or for the difficulty of getting in any other of their, or any of their debts due unto them, or any of them, to be thereby the better enabled to satisfie [Page 75] His Majesties said Rent, or for any other cause or occasion whatsoever, will give, grant or assign, or cause or procure to be given, granted or assigned to our said Soveraign Lord the King,If the Farmers desire to assign any of the Duties demised, His Heirs or Successors, or to any of them, the said annual Rents, Payments, Customes, Subsidies, Imposts, Sums of Money, and other the Duties, Revenues, Profits and Premises by these presents respectively demised or granted, or any part or parcel thereof, after the same shall be due or payable; or any Bonds, Bills, Obligations,Or any Bonds, Bills, &c. therefore due; Judgements, Statutes, Recognizances, Specialties, Debts, Duties, Sum or Sums of Money which shall be due, owing or appertaining to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors Administrators or Assigns, for, or in respect of the same, or of any other cause whatsoever, by any Person or Persons whatsoever, Then our said Soveraign Lord the Kings Majesty,His Majesty will accept the Assignment, and cause speedy process to issue out for the recovery thereof. His Heires and Successors, and every of them, to whom the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, or Assigns, or any of them, shall and will give, grant or assign, or cause to be assigned as aforesaid, the same or any part thereof, shall accept, receive and take the said Gift, Grant or Assignment, and thereupon with all celerity and expedition shall and will from time to time cause to be made forth of the said Court of Exchequer of His Majesty, His Heirs or Successors, or of any of them, as speedy process, or other proceedings, for the speedy recovering and levying of the said annual Rents, Payments, Customes, Subsidies and Imposts, Debts, Sums of Money, Excizes, Duties, Bonds, Bills, Judgements, Statutes, Recognizances, Specialties, and other the Premises, which shall be so given, granted or assigned as is aforesaid, and every part and parcel of the same, as the use and course of the said Court may allow and permit, or as other Debts due, or to be due to His Highness, His Heires or Successors, immediately may by order of the said Court be levyed or recovered, any Letters of Privy-SealNon obstante any Privy Seal, &c. made by His Majesties said late Grand-father or Father, or by our said Soveraign Lord the King that now is, concerning the assignment of Debts, or any Commandment, Direction, Signification, Grant, or Declaration made, or to be made, from His late Majesty, or our said Soveraign Lord the King, by Privy-Seal or Great Seal, or otherwise howsoever to the contrary notwithstanding.
And our said Soveraign Lord the King, for Him, His Heirs and Successors, doth by these presents covenant, promise and grant to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and [Page 76] Assigns,All Moneys so recovered, to be paid to the Farmers, without account. that all and singular the said annual Rents, Payments, Customes, Subsidies, Excizes, Debts, Duties, Sums of Money, Revenues, Profits, and other the premises, which shall be recovered and levyed, or paid, by reason of any such Debt, Bond, Obligation, Bill, Judgment, Statute, Recognizance, Process, Order, Course, or Suite of our said Soveraign Lord the King, his Heires or Successors; as also all and every the foresaid Pains and Penalties which shall so likewise be recovered, and which the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, are, or ought to have, according to the intent of these presents, shall immediately after the recovering or levying thereof, from time to time be delivered by the said Treasurer, Chancellor, and Barons of the said Exchequer, or some of them, to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or some of them, to their, and every of their own proper uses and behoofs, without any Account or other thing, to our said Soveraign Lord the King, his Heirs or Successors, to be had, paid, or done, of, or for the same, or any part or parcel thereof, other than the said several and respective yearly Rents and Sums of Money, and other Things and Duties before in these presents respectively reserved and agreed to be paid to his Highness, his Heirs and Successors, according to the tenor, purport,Or else shall be retained by the King in part of the Rent. and true meaning of these presents; or else shall be retained towards, or for, or in part of payment of the said Rent and Sums of Money to His Highness, his Heirs and Successors, reserved or payable by force of these presents, which then shall be due, if to the said Lord-Treasurer, Vice-Treasurer, Chancellor, and Barons of the Court of Exchequer, or the more part of them for the time being, it shall be thought meet and convenient for his Majesties service and surety in the premises. And also, that our said Soveraign Lord the King, his Heirs and Successors, shall from time to time, as occasion shall be, make, or cause to be made unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors,The Farmers are to have such Grants of the Forfeitures recovered, as they desire, and the Extents thereupon. Administrators and Assigns, and every or any of them, under the Great Seal of England or Ireland, or under the Seal of the Court of Exchequer there, or otherwise, as by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assignes, or any of them, their, or any of their Councill learned in the Law, shall be reasonably devised [Page 77] or required, and at their, or any of their proper Costs and Charges in the Law, such and so many Grants, Conveyances and Assurances of, and for the said annual Rents, Excizes, Customes, Subsidies, Imposts, Debts, Duties, Revenues, and Profits, Forfeitures, Pains, Penalties, and Sums of Money, and of all Lands, Tenements, and Hereditaments, Goods and Chattels extended or seized thereupon, or for, or by reason thereof, which by our said Soveraign Lord the Kings Majesty, his Heirs or Successors, or by any of them shall be had, recovered, levyed, or paid by vertue of any such Process, Order, Course, or Suits, if the said Lord-Treasurer, Vice-Treasurer, Chancellor, and Barons, or the more part of them, shall not think good so to retain the same. And his Majesty doth hereby for him, his Heirs and Successors, authorize and straitly charge and command, as well the Lord Chancellor or Keeper of the Great Seal of Ireland for the time being, as the said Treasurer, Vice-Treasurer, Chancellor, and Barons of the said Court of Exchequer for the time being, or some of them, to perform, do and execute, or cause to be performed, done and executed, his Highness said pleasure herein, according to the true intent and meaning of these presents; And these Presents, or the Enrollment, Constat or Exemplification of the same, shall be from time to time a sufficient warrant to the said Lord Chancellor or Keeper of the Great Seal of Ireland, Treasurer, Vice-Treasurer, Chancellor, and Barons of the said Court of Exchequer for the time being, and to all other Officers and Ministers whatsoever of our said Soveraign Lord the King, his Heirs and Successors for the time being, to whom it shall appertain, for the making forth Process, suing for, recovering and levying of the said Annual Rents, Excizes, Customes, Subsidies, Imposts, Debts, Duties, Revenues, Profits and Sums of Monyes, and every of them, and of all the said Forfeitures, Pains and Penalties; and for the Payment and delivery over to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or to any of them, the said annual Rents, Excizes, Imposts, Customes, Subsidies, Debts, Duties, Revenues, Profits, Forfeitures, Pains, Penalties, and Sums of Money, and other things whatsoever, which by vertue of such Process, Order, Course or Suits, as is aforesaid, shall be levyed or paid, and for to accept the same so recovered as in part of payment of the Rent and Sums of Money above reserved or payable, according to the tenor of these presents, then next due to be paid, in case it shall be thought meet to retain the same as aforesaid, and also for the making of such Grants and Assurances of the said annual Rents, Excize, Customes, Subsidies, Impositions, Debts, Duties, Revenues, Profits, Forfeitures, Pains, Penalties, and Sums of Money, and other things that shall be so recovered, levyed, or paid, as is aforesaid, under the Great Seal of Ireland, and under the Seal of [Page 78] the said Court of Exchequer, or either of them, or otherwise as by the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, John Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or any of them, or by their, or any of their Counsel learned in the Law shall be reasonably, according to the true intent and meaning of these presents, devized and required, without any other Warrant or Declaration of the pleasure of his Highness, his Heirs or Successors, to be obtained or had in that behalf.
And that they the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, and every of them, shall and may from time time, during the said several and respective termes of years to be accounted as aforesaid,The Farmers power to take Bonds in the Kings name. take Bonds Obligatory in the name of the Kings Majesty, his Heirs or Successors, or in the names of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assignes, or any of them, as well of all and every Merchant and Merchants, and Owners of the said Goods, Wares and Merchandizes, whereof the Customes, Subsidies, Impositions, and other Duties, are in and by these presents mentioned to be demised, or any of them as of any other Person or Persons for any other Debt, Duty or Cause whatsoever, with Surety or Sureties as otherwise for Payment of the said Customes, Subsidies, Impositions and Duties, and other the Debts and Duties whatsoever, and every or any of them in such sort and manner, and at such dayes and times as to them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors Administrators or Assigns, or any of them, shall seem meet and convenient, and to detain and keep the said Bonds and every of them in their or some of their hands,And to have the benefit of them. and to have and take the full benefit and advantage of the same, and every of them, to their own proper use, by way of Suite, at their own Cost and Charge, in the name of our said Soveraign Lord the King, his Heires or Successors, or otherwise, and upon satisfaction and payment thereupon, or otherwise to deliver up or cancel the same, or otherwise to dispose thereof for their best advantage and benefit, or profit, or otherwise, as they shall think fit; And also that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, and every of them, shall have full power, liberty and authority, in the name of our said Soveraign Lord the [Page 79] Kings Majesty, his Heires and Successors, or any of them, or in the name or names of them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every or any of them at their pleasure to implead,And at their charge to prosecute, sue and prosecute all and every such Person and Persons, his and their Heires, Executors, Administrators and Assignes, and every or any of them, which shall so become bound to his Majesty, his heires or Successors, or otherwise indebted of and for all and every such Sums of money, Penalties or Forfeitures as shall grow or become due or payable, by reason or means of any such Bonds, or Debts, as also all and every other Person and Persons, their Heirs, Executors, Administrators and Assigns, that shall or may by any meanes be found to be indebted, chargeable, or answerable to His Majesty, his Heires or Successors, or to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or any of them, for and in respect of the said Annual Rents, Payments, Excizes, Customes, Subsidies, Impositions, Revenues, Profits and Duties, and all and every part or parcel of the same, or other Debts or Duties, or for not payment of the same, and the Sum and Sums of Moneys, Penalties and Forfeitures, Arrearages of Rents, Profits, Payments, Excizes, Customes, Subsidies, Impositions, Revenues, Profits and Duties, and all and every part and parcel of the same, which shall be recovered or had, of the Bodies, Goods, Chattels, Lands, Tenements and Hereditaments, or any of them, of the said Person or Persons, their Heires, Executors, Administrators and Assignes, and every of them, to levy, hold and take Execution thereof, to the use of them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, and every of them, and further to do, make, take and prosecute in such like manner and forme as his Majesty, his Heires or Successors, of his or their Royal Prerogative, power and Authority, in his, or otherwise in their own proper Names, or by any whatsoever Right or Title should or might have done, according to the true intent and meaning of these presents.
And also, that these presents,Without further warrant to the Treasurer, &c. or the enrollment thereof from time to time, shall be as well to the Treasurer, Vice-Treasurer, Chancellor, and Barons of his Majesties said Court of Exchequer for the time being, and all other Officers and Ministers of the same Court, as also to the Barons, Justices, Officers, and Ministers of his Highness, his Heires and Successors of the said Court of Exchequer for the time being, or of any other his Majesties Courts of Record, and to every of them sufficient warrant and discharge to hear, determine, [Page 80] sue, prosecute, grant, levy and make execution against all and every Person and Persons, their Heires, Executors, Administrators and Assigns, by and upon whom any of the said Sums of money, penalties or forfeitures due or payable upon, or by reason of any such Bonds, or any of the said Customes, Subsidies, Imposts, Impositions and Duties, before by these presents demised or granted, or mentioned to be demised or granted, or any part or parcel thereof, be, or shall be charged, due or levyable, in the name of our said Soveraign Lord the King, his Heires or Successors, or in the name or names of them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, or any of them, to the proper use and behoof of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, or any of them, in manner and forme aforesaid, according to the true intent and meaning of these presents, without any Account or other profit or thing whatsoever to his Highness, his Heirs or Successors, therefore to be had, paid or done, the said yearly Rent or Sums of money by these presents reserved and covenanted to be paid as aforesaid, onely excepted and foreprized.
And whereas in and by the several laws and statutes touching the Customes, Excize, Duties of Hearth-money, Duties arising by Licences of Retaylers, and other the Duties and Profits hereby respectively demised, several Fines and Penalties are imposed upon offenders, and variously distributed; And whereas in all cases where any Fines or Penalties are imposed, or other Forfeiture incurred for non-payment of any Duties of Excize, there the Duty it self is wholly lost, as to the present Farmers thereof; His Majesty is therefore graciously pleased to declare, and doth hereby covenant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, that His Majesty, His Heirs and Successors, during the continuance of the several and respective demises herein before made and granted, or mentioned to be made and granted,His Majesties Covenants not to discharge any of the Duties nor Penalties. will not pardon, remit, or any way discharge any of the Duties hereby granted or demised, or any Fine, penalty or forfeiture whatsoever, which during the said several and respective termes of years shall happen to be incurred by any Offender or Offenders, and shall and may be lawfully imposed or levyed, and become due and payable for any offence committed against the Laws and Statutes aforesaid.
All Commissioners for putting the Laws in execution, Judges, &c. are directed to levy and cause to be levyed all the said Fines and Forfeitures, and to pay the Informers, and the Kings part to the Farmers;And further, that all and every the Commissioners appointed, or to be appointed for putting any of the said Laws and Statutes in Execution, and all and every the Judges in any of the four Courts, [Page 81] and all Justices of Peace in their several Sessions, shall from time to time, and at all times during the continuance of this present Demise, be directed and appointed well and truly to levy, and cause to be levyed all and every the Fines, penalties and forfeitures, which shall happen to be duly and legally imposed, and thereout pay, or cause to be paid unto the several and respective Informers, and to such others to whom the said Statutes have allotted and distributed any share or part of the said Fines and forfeitures, such part or share as to them shall appertain, and such part and proportions of the said Fines, penalties and forfeitures which shall remain due and payable to His Majesty, shall pay, or cause to be paid unto the said John Forth, VVilliam Bucknall, VVilliam Dashwood, And the Farmers are made Collectors and Receivers of the same. Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, (the Charges of levying the same being first deducted;) For which purpose his Majesty doth hereby constitute and appoint them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and the Survivors and Survivor of them, his and their Executors, Administrators, and Assigns, to be Collectors and Receivers to His Majesties use of his part of the penalties, fines and forfeitures accrewing due as aforesaid; and the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, for them and every of them, and for the Heires, Executors, Administrators and Assigns of them and every of them, do covenant and grant to and with His Majesty, His Heires and Successors by these Presents, That within One and twenty dayes next after every of the Four most usual Feasts or Quarter-dayes which shall incurre,The Farmers covenant to pay quarterly, or within 21 dayes after, all the penalties and Forfeitures they receive over and above the Rent, during the continuance of the several and respective Demises, they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, the Survivor and Survivors of them, his and their Executors, Administrators or Assigns, shall and will satisfie and pay His Majesty, His Heires and Successors at His or their Receipt of Exchequer at Dublin, over and above the several and respective yearly Rents herein before reserved as aforesaid, all and every the fines, penalties and forfeitures to them paid and delivered as aforesaid, or so much thereof as shall remain in their or any of their hands after the several defalcations, deductions,Or so much as remains in their hands after all defalcations, &c. satisfied. allowances and payments herein mentioned shall be made and satisfied; And his Majesty is graciously pleased further to declare and agree, That it shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, [Page 82] Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, upon all and every the Accounts by them to be made touching and concerning any Fines, And in consideration thereof are to defa [...]k as much of their Rent as the Moneys paid in for the Penalties amount unto. Penalties and forfeitures by them received as aforesaid, to abate, defalk, deduct, detain and keep to his and their own use so much of the several and respective Rents hereby reserved, as they or any of them shall from time to time pay into the said receipt of His Majesties Exchequer, of, for, or in respect of the said fines, penalties and forfeitures in consideration and for satisfaction of the said several Duties lost and unpaid by reason of any Fines and penalties that shall be incurred and imposed; And upon full payment made as aforesaid, all and every the Persons lyable to any account for Fines, penalties or forfeitures, shall be thereof wholly discharged, the said Laws and Statutes imposing the said Penalties, or any other Law or Statute to the contrary notwithstanding.
The Farmers may defalk the Interest of the 70000 l. quarterly. And His Majesty for himself, his Heires and Successors, is hereby graciously pleased to covenant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Iemmet, John Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, that it shall and may be lawful to and for the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, and Assigns, and every of them from time to time, and at all times during the continuance of the several and respective termes before granted, to defalk and deduct out of the several and respective yearly Rents herein before reserved, and to retain quarterly and every quarter of a year so much thereof in their own hands as may be sufficient to satisfie and pay the quarterly interest of the threescore and ten thousand pounds so as aforesaid advanced after the rate of ten pounds per Cent. for one year; And further that if the 70000 l. And if the 70000 l. remain in the Kings hands during the terme, the Farmers may detain the last half years rent; and if that will not reimburse them, to be supplyed out of the future growing Revenue. so as aforesaid agreed to be advanced and paid in, shall be suffered to remain and continue in his Majesties hand untill the end of the terme of seven years hereby granted, then and in such case it shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and the Survivors and Survivor of them, and the Executors, and Administrators of the Survivor of them, to retain and keep in his and their own hands the last half years Rent which shall be due and payable for the Premisses; that is to say, the several and respective quarterly Rents which shall grow due and payable at or upon the feast of St. Michael the Arch-angel, which shall be in the year of our Lord One thousand six hundred seventy five, and the Feast of the Nativity of our Lord Christ, which shall be in the said year of our Lord One thousand six hundred seventy five then next ensuing, being the two last quarterly [Page 83] payments, during the several and respective terms herein befor granted, to the intent they may be thereby fully satisfied, re-imbursed and paid the whole several and respective Sums of Threescore and ten thousand pounds, so as aforesaid advanced, together with the Interest thereof then due, rendring the over-plus, if any be, to his Majesty, his Heirs and Successors; And if it shall happen by reason of any Accidents or other Interruptions, or by reason of any just and necessary defalcations then due and unsatisfied, that the two last quarterly payments, so as aforesaid intended to be retained, shall not be sufficient to re-imburse the said Threescore and ten thousand pounds, so as aforesaid advanced, together with the Interest thereof which shall be then behind and unpaid; His Majesty is pleased further to declare, that the same shall be satisfied and paid out of some part of his Majesties Revenue in Ireland which shall grow due after the expiration of the said several and respective terms, whereof the Lord Treasurer, Vice-Treasurer, Chancellor and Barons of his Majesties Court of Exchequer in Ireland, and all other Officers and Ministers of his Majesties Revenue there; And also all and every the respective Farmers, Collectors, Commissioners, or Receivers for the time being, are hereby required to take notice, and to see the same paid accordingly; and for so doing these presents, or the enrollment thereof, shall be to them and every of them a sufficient warrant and discharge in that behalf.
And His said Majesty doth hereby further for himself,The Farmers impowered to recover all Arrears at the end of their terms. his Heirs and Successors, covenant and agree to and with the said John Forth, William Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and the Survivors and Survivor of them, their Executors, Administrators, and Assigns, That from and immediately after the expiration or other determination of the said several and respective terms of years hereby granted, they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, Iames Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and the Survivors or the Survivor of them, their Executors, Administrators and Assigns, or such other Person or Persons as he or they shall nominate, shall be sufficiently impowered to levy, raise, recover, and receive to their own proper use and behoof all such Arrears of Rents, Payments, Duties, Impositions, Customs, Subsidies, Excizes, Sums of Money, Profits, and Premises hereby granted as aforesaid, as shall become due unto them at any time during the said several and respective terms of years hereby granted.If any Plague or War happen, or Act of Parliament pass to lessen or suspend any of the Duties, then to be a defalcation.
Provided alwayes, That it is hereby intended, declared and agreed, and His Majesty, for Himself, his Heirs and Successors, doth covenant, grant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators [Page 84] and Assigns, by these presents, that if at any time or times during the continuance of all or any the several and respective demises herein before granted, any spreading Infection of Plague, Pestilence, or any great Mortality, depopulation or destruction of Houses by fire, or otherwise, or any forraign invasion, or any publick, open, or domestick War, Rebellion, or Insurrection shall be or happen within his said Realm of Ireland, or any the Counries, Cities, Towns, or Places of or within the same; Or if Authority of Parliament, Proclamation, or any other Act of State; Or if His Majesty, his Heirs or Successors, shall at any time during the said several terms, pass any General Act of Pardon or Oblivion, or make any other particular Pardon or Release, or shall pass any other Act of Parliament, or hath done, or shall cause to be done any other Act whereby or by reason or occasion whereof the said Customs, Impositions, Excizes, Hearth-moneys, Annual Payments, Rents or Duties, or any other the Revenues, Profits and Premises hereby severally and respectively demised, or any Arrears thereof which shall incurr and grow due during the said several and respective Demises, or any part thereof, other than what is herein before expresly excepted or prohibited, shall be pardoned, suspended, lessened, diminished, or taken away, or whereby, or by means whereof the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns shall be hindred or obstructed in or from the having, levying, receiving, or collecting thereof, then they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall from time to time, and in every or any the said Cases have such proportionable recompence, abatements, defalcations and allowances by and out of the said several and respective Yearly Rents hereby reserved, as upon consideration had of the nature of the several branches of the Revenue hereby demised, and of the damage which may arise by reason of such suspension, diminution or obstruction as aforesaid, and of the proofs thereof which shall be produced by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators, Deputies or Assigns shall be thought reasonable, The said allowances, abatements and defalcations to be made by and with the approbation and order in writing of the Lord Lieutenant, and other Chief Governour and Governors of Ireland, and Council there for the time being, or any Six or more of them (whereof the Lord Lieutenant or other Chief Governour or Governors of Ireland for the time being, to be alwayes one or more,) And these Presents, or the enrollment thereof, shall be unto the said [Page 85] Lord Lieutenant or other Chief Governor and Governors of Ireland, and Council there for the time being, or to any six or more of them, (whereof the Lord Lieutenant or other Chief Governour or Governors of Ireland for the time being to be alwayes one or more) a sufficient warrant and authority in that behalf, without any further or other warrant or declaration of the pleasure of his Majesty, his Heires or Successors in that behalf to be had or obtained; Nevertheless it is declared and agreed,But his Majesty may receive such Duties for which defalcations are made. that it shall and may be lawful to and for his Majesty, his Heires and Successors to recover and receive to his and their own use and uses such parts and proportions of the Sums, annual Payments and Duties for which allowances and defalcations shall be had or made to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, the said several and respective demises or any thing therein contained to the contrary notwithstanding.
And also that the said John Forth, William Bucknall, The Farmers may have Duplicates of their Patent, or any clause therein. William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, shall and may at their proper costs and charges, from time to time during the continuance of the several and respective demises and grants herein before made at their and every of their wills and pleasures, and at their own costs and charges, have all and as many Constats, Exemplifications and Duplicats of these presents, or of any Covenant, Article, or Sentence therein contained, and of every and such part and parcel of the same, and when, and as often as to them or any of them shall seem meet, and these presents, or the Enrollment of the same shall be unto the Lord Keeper of the Great Seal of Ireland for the time being, as also to the Lord Treasurer, Chancellor, and Barons of the Exchequer, and to all and every Officer and Minister in England or Ireland to whom it shall or may appertain, a sufficient warrant and authority for the allowing, granting and passing of the same; and that without any further or other grant or warrant from his Highness, his Heirs or Successors, to be had, procured or obtained in that behalf: And to the end the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and their Deputies, Agents and Factors immediately attending this service, may have the better opportunity to attend the managing thereof.
And that they may not be distracted from this their service,And shall be discharged from publick Offices and Taxes. which is of so great weight, and so much concerneth his Majesty and themselves, his Majesty is well pleased, and doth by these presents for him, his Heires and Successors, grant, covenant and agree to and with them and every of them, and willeth and ordaineth that they [Page 86] and every of them, as much as his Majesty may lawfully and by the Orders and Customes of those places where they and every of them inhabit, tolerate and dispence with, shall be freed and discharged from all publick Offices and Services, which would require their personal attendance, and might withdraw them or any of them from their necessary attendance on this service; And that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, their and either of their Deputies and other Officers, shall be from time to time, and at all times during the continuance of the said several and respective demises freed, acquitted, exonerated and discharged of and from all payments or answering of Taxes, Impositions, or other things whatsoever, as well publick as private that may or shall be imposed, taxed or assessed upon them, or any of them, for or in respect of this present Farme or Demise, or any thing therein contained, or of the said Office or Offices of Collectors or Receivers of the Duty aforesaid, by vertue of any Act of Parliament now in force, or at any time hereafter to be made.
And if it shall happen that they, or any of them shall be so taxed or assessed, contrary to the true intent and meaning of these presents, That then, upon producing or shewing forth these our Letters Patents, or the enrollment or exemplification or constat thereof, or of so much thereof as shall be thought necessary, His Majesty for Himself, his Heires and Successors, doth hereby will, require, and strictly command all Commissioners or Officers, and Ministers whatsoever that shall be imployed either in imposing such Taxes or Assessemnts, or in collecting or levying of the same, That they desist and forbear to proceed upon the execution of their Offices and Duties against the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns respectively, and their Deputies and other Officers in or for imposing, or in collecting such Taxes, Charges or Assessements; his Majesties pleasure, and full intent and meaning being, that they and every of them shall be, and are hereby freed and discharged of and from the same.
Clause of assistance, commanding all Sheriffs, &c. to be aiding and assisting.And our said Soveraign Lord the King doth by these presents for him, his Heires and Successors, streightly charge and command all and every Justices of Peace, Mayors, Sheriffs, Bayliffs, Constables, Head-Boroughs and other Officers of and within every City, Borough, Town, and all other His Majesties Officers and Ministers whatsoever, whether Civil or Military, that they and every of them shall from time to time during the said terme be aiding and assisting unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, [Page 87] George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and their and every of their Deputies, Factors and Servants, and every of them, in the due Execution of all and every the aforementioned Premisses, according to the true intent and meaning of these presents, whether it be in and about the levying or recovering of the said Quit-rents, and other annual Rents and Payments, or any of them, or any Arrears thereof by distress, seizures, entries and due proceedings thereupon, or otherwise in the due recovery thereof, or of any other the Revenue hereby demised, or any part thereof, in as large, ample, beneficial and diligent wise order and manner whatsoever, as they and every of them should or ought to have been to our said Sovereign Lord the King, his Heirs or Successors, by any manner of means, if these several and respective Demises or Grants had not been had or made, upon pain of his Majesties indignation or displeasure, and of such pains and penalties, and imprisonments as by the Laws or Statutes of the said Realm can or may be inflicted upon them for their negligence and contempt in that behalf; And his Majesties will and pleasure is, That the Lord Treasurer of Ireland, Chancellor and Barons of the Exchequer there for the time being, or any three or more of them, (whereof the Lord Treasurer, Chancellor, or Chief Baron of the Exchequer for the time being to be one,) shall have by force of these Presents full power and authority to make forth and award Writs under the Seal of the said Court of Exchequor for that purpose, according to the order and course of the said Court, and the Contemners of the said Writs to punish in such sort, as by the course of the said Court hath been accustomed. And in an especial manner his Majesty's will and pleasure is,Clause for better collecting and levying the Duties, &c. That the Lord Treasurer, Vice-Treasurer, Chancellor and Barons of his Exchequer there, or any three of them, (whereof the said Treasurer, Vice-Treasurer, Chancellor, or Chief Baron to be one) do strictly require and enjoyn all and every the Sheriffs, Bayliffs, Constables, and other Officers, who are or shall be authorized, imployed or directed to levy any the Rents, Annual Payments, or Duties aforementioned, or any of them, or otherwise to execute any Process concerning the same, That they do in their several places from time to time with diligence and faithfulness do and perform the same, without partiality and delay; and after Execution or Receipts otherwise hereof, either make speedy returns, or such speedy payment thereof as they ought, and as shall be in that behalf requisite. And His Majesty doth hereby declare and agree, That He, his Heirs and Successors, shall and will from time to time during the continuance of the said several and respective Demises, upon humble suit in that behalf, give such further and other power and authority for the ordering, bettering, collecting and levying the said Annual Rents or Payments, Duties of Hearth-money, Duties arising by Licences for retailing Wines or Strong-waters, Customs, Subsidies, Imposts, Sums of Money, and Duties of Excize for Goods [Page 88] imported, Duties of Excize for Ale and Beer, and other the Duties of In-land Excize, Duties arising by Licences for Retailing Ale and Beer, and all other the Duties, Revenues and Premises respectively demised as aforesaid, and like aid and assistance from His Majesty and his Privy Council, his Majesties Court of Exchequer, and the Officers thereof, and all other His Majesties Courts of Justice, and all other his Officers and Ministers whatsoever, as any Commissioners, Receivers, Collectors, Farmers, and other Ministers of any other part or parts of his Majesties Revenue in England or Ireland now have, or hereafter may have, and as in this case shall be thought fit and reasonable.
Clause for further Assurance,And further, That His said Majesty, his Heirs and Successors shall and will from time to time, and at all times hereafter, during the continuance of all or any the respective Demises or Grants herein before made or mentioned to be made, upon application to him or them, to be by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns in that behalf made, and at their Costs and Charges give and grant such further and other Assurance and Assurances, Priviledge and Priviledges, Powers and Authorities, for the better security and sure making of the Annual Payments, Rates, Duties, and Premises to them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, with, under, and subject unto the Provisoes, Reservations and Agreements herein contained, and such others as by his Majesties Council learned in the Law for the time being, and the Council learned in the Law of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall be reasonably devised, advised or desired.
And for recovery of the Arrears at the end of the several terms.And that from and after the several and respective expirations of the said several and respective terms of years, His Majesty, his Heirs and Successors, or the Lord Lieutenant or Deputy, or other Chief Governour or Governours of the said Kingdom of Ireland for the time being respectively, shall and will sufficiently authorise the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns, or such as they shall nominate and appoint, as far as the Laws and Statutes of Ireland will permit, to demand, collect, levy, recover, receive and take all such Arrears of Customs, and Subsidies of Tonnage and Poundage, and all such Arrears of the said Duties of Excize and New Impost, And all such [Page 89] Arrears of the Duties arising by Hearth-money, Duties arising by Licenses to retaile Wine, Aqua-vitae, Strong-waters, Beer, or Ale, and all such Arrears, Rents, Annual payments, Revenues, Profits, and Premises as are granted by these Presents, and which shall become due unto them at any time during the said several and respective termes of years hereby granted, and which at the several and respective ends and expirations of the said several and respective termes of yeares, shall so remain in arreare and unsatisfied.
And our said Soveraign Lord the King, for himself,His Majesty will not pardon any of the Duties. his Heires and Successors, doth further covenant, grant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, that neither our said Soveraign Lord the Kings Majesty, his Heires or Successors, nor any of them, shall and will at any time or times hereafter, before the end of the several and respective Demises and Leases herein before made, pardon and release to any Person or Persons, or compound or agree with any Person or Persons other than unto and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, or of or for any of the said annual Rents, or Payments, Duties arising by Licenses for retailing Wine, or Strong-waters, Duties of Hearth-money of or for any of the said Customes, Subsidies, Imposts, Sums of Money, Duties of Excize for Goods imported, Duties of Excize for Beer and Ale, or other Duties for In-land Excize, or any Duties arising by Licenses for retailing of Beer and Ale, or any other Duties by these presents respectively demised or granted, or mentioned to be demised or granted to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators or Assigns.
And the said John Forth, William Bucknall, William Dashwood,The Farmers may sue and prosecute in their own, or His Majesties name.Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, shall have full power and authority either in their or any of their name or names, or in the name of his Highness, his Heirs or Successors or any of them, at the pleasure of the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, to implead, sue and prosecute, as well all and every such Person and Persons, their Heires, Executors and Assigns, and every or any of them, as shall or may by any means [Page 90] be found not to have paid, or to be indebted, charged or answerable to our said Lord the King, his Heires or Successors, or to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, or any of them, for the annual Rents, Payments, Duties of Hearth-money, Duties arising by Licenses, Customes, Subsidies, Imposts, Sums of Money, Duties of Excize for goods imported, Duties for Inland Excize, and other Duties, in and by these presents respectively demised and granted, or mentioned to be demised and granted unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, as is aforesaid, or any part or parcel of the same in the Court of Exchequer of his Highness, his Heires or Successors, or in any other Court or Courts of Record whatsoever; And the said several annual Rents, Payments, Revenues, Customes, Subsidies, Imposts, Sums of money, Duties, and other things before in these presents demised or granted, or mentioned to be demised or granted, as aforesaid, and every part and parcel thereof, for so much, and such part thereof as by the true intent and meaning of these presents, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, ought to have, take or receive to their own uses, to take, recover and levy upon the Bodies, Goods, Chattels, Lands, Tenements, or Hereditaments of them or any of them, their, or any of their Heires, Executors, Administrators and Assignes, and every of them from whom any of the Sums of money, Revenues, or Duties aforesaid, shall be due or payable, and to take Execution thereof to the proper use of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, and every of them, and to do, make and prosecute for and concerning the same respectively, in such and in the like manner and form as our said Soveraign Lord the Kings Majesty, his Heires or Successors, of his or their Regal power, Prerogative and Authority, as by the Laws of the Realm of Ireland, in his or their Name or Names should or might have done, if the said several and respective Demises or Leases had never been had nor made; And that these presents, or the enrollment of the same from time to time, shall be as well to the Lord Treasurer of Ireland, Chancellor and Barons of the Court of Exchequer in Ireland for the time being, and all other Officers and Ministers of the same Court; as also to the Barons, Justices, Officers, and Ministers of his Majesty, his Heires and Successors, of the same Court for the time being, or of any [Page 91] other Court or Courts of Record, and to every of them a sufficient warrant in that behalf, without any accompt or other profit or thing whatsoever to our said Sovereign Lord the King, his Heirs or Successors, thereof or therefore to be had, paid, or done, other than the said several and respective yearly Rents which in and by these presents are mentioned, to be reserved and covenanted to be paid as aforesaid, and other than such as are hereby excepted, reserved or saved to our said Lord the King, his Heirs and Successors.
And that they the said John Forth, William Bucknall, And paying their Rents, and performing their Covenants, are quietly to enjoy. William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, well and truly paying and satisfying the several and respective yearly Rents and Sums of Money hereby reserved as aforesaid, and performing, fulfilling and keeping all and singular the Covenants, Provisoes and Agreements in these presents mentioned, which on their parts ought to be performed, shall and may at all times during the continuance of the several and respective Demises or Leases hereby granted, fully and freely have, levy, take, use, receive, and enjoy all and every the said Annual Rents or Payments, Duties of Hearth-money, Duties arising by Licences for Retailing Wine or Strong-waters, Customs, Subsidies, Imposts, Sums of Money, and Duties of Excize for Goods imported, Duties of Excize for Ale and Beer, and other the Duties of In-land Excize, Duties arising by Licences for Retailing Ale and Beer, and all other the Duties, Revenues and Premises by these presents respectively granted or demised, or mentioned to be granted or demised as aforesaid (except before excepted) to their own proper uses and benefits; and that all and every the Covenants, Articles and Clauses in these Presents contained, on the behalf of our said Soveraign Lord the Kings Majesty, his Heirs and Successors, to be performed in all things, and from time to time shall be most strongly and largely construed, taken and expounded against the Kings Majesty, his Heirs and Successors, and largely, beneficially and favourably for the avail, benefit and advantage of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, according to the true intent and meaning of these presents, any Statute, Law, Act of Parliament, Usage, Custom, Proclamation, Prohibition or Restraint heretofore had, made, set forth, or proclaimed, or hereafter to be had, made, or set forth, or proclaimed, in any wise notwithstanding; And also notwithstanding that all and every Statute, Proclamation or Restraint being, or that hereafter shall be to the contrary thereof, or of any part thereof, be not herein by special and express words named, recited,Non obstante Non-recitals or mis-recitals, &c. or dispenced withal by these presents; And notwithstanding the not recital or mis-recital of any former Lease or Grant heretofore made [Page 92] of the premises, or of any part or parcel thereof, And notwithstanding the not-recital or mis-recital of the Titles of any Act or Acts of Parliament touching or concerning any of the branches of Revenue, or other the Duties and Profits herein before respectively demised or granted, or mentioned to be demised or granted; And notwithstanding the true yearly value of the Premisses, or of any part thereof not in these Presents mentioned, or not rightly mentioned, or any mis-recital of any Letters Patents before mentioned, or any of them, or of the Date or Dates, certain Content or Contents of them, or any of them, or any other mis-recital or mis-naming, or not recital or not naming whatsoever in any wise notwithstanding. And the Statutes in the first year of the Reign of King Henry the Fourth, and the eighteenth year of King Henry the Sixth, or in the thirty seventh year of King Henry the Sixth, or any of them, or any defect or lack of any form or omission in these Presents, or any other Law, Statute, Restraint, Proclamation, Letters Patents, or Prohibition whatsoever, to the contrary thereof in any wise notwithstanding.
The Farmers to have the use of all Publick Offices and Places, &c. and to inlarge and repair them, so as they exceed not 3000 l. which is to be deducted out of the last Quarters rent.And his Majesty for the better enabling the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, to manage the several and respective Farmes herein before respectively demised, is pleased that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, shall from time to time and at all times during the respective termes before granted, have full power, licence, liberty and authority to make use of all and all manner of Houses, Offices and Places which do belong unto his Majesty, and are now, or within these five years last past have been made use of, as publick Offices for the receipt or management of His Majesties Revenue, or any branch thereof, and also all and all manner of furniture, utensils and necessaries thereunto belonging, together with all Beams, Scales and Weights, Boates, Barges, or other Vessels, Instruments, or other matter or thing whatsoever relating to the same, and which do belong to His Majesty; and in case the same shall not be found sufficient for the necessary uses of the Revenue, and the mannagement thereof, it shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, Iohn Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, from time to time to lay out and expend in the necessary repairing, and amending, and enlarging any of the Houses, Offices, and Places aforesaid, so much Monies as they shall think fit, so as all the expences and disbursements touching or concerning the [Page 93] Premisses do not in the whole, from first to last, exceed the sum of Three thousand pounds; and all and every the Sums of Money so as aforesaid expended, shall be repayed, satisfied and re-imbursed by way of Recooper and Retainer of so much of the several and respective Rents hereby reserved, as will be due and payable on the last quarter of the last year of the said termes, or other sooner determination of these presents, as the said expences will amount unto; And the Lord Treasurer, Vice-Treasurer, Chancellor and Barons of the Court of Exchequer in Ireland, and all other Officers and Ministers there, are hereby authorized and impowered upon due proof of such expences and disbursements made to admit,The Lord-Treasurer, &c. to allow the same, without further warrant. accept and allow of the said expences, and the Sum of Money they shall amount unto, not exceeding Three thousand pounds, as is aforesaid, in part of payment of the said last Quarters rent; And for so doings, these presents or the enrolments thereof, shall be to them and every of them, a sufficient warrant and authority in that behalf.
And the said John Forth, William Bucknall, And they are to keep them in good repair. William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, for themselves, their Executors, Administrators or Assigns, in consideration hereof, do covenant and agree with our said Soveraign Lord the King, his Heires and Successors, that they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assignes, shall and will from time to time, and at all times during the said several and respective terms of years, at his and their own proper costs and charges, keep in good and sufficient repair all such Custome-houses, Ware-houses, Offices, Cellars, and other the Premisses whereof they are to have the use, and which shall be mended and enlarged during the said several and respective termes of yeares as aforesaid, and the same together with all such Scales, Weights, Bookes, Furniture, Boats, Barges, and other utensils belonging to His Majesty, his Heires and Successors, and whereof they are to have the use as aforesaid, shall and will according to such inventories as have been formerly taken, deliver up at the expiration or other determination of the said respective termes of years, in as good plight and condition as they received the same (reasonable use thereof excepted) And also shall and will during the said several termes of years, pay such Rent or Rents (if any such be due) for such the Custome-houses, Ware-houses, Offices, Yards, Cellars, and other Roomes aforesaid, as His Majesty, his Heires or Successors, ought to pay for the same respectively.
THE FARMERS General Covenants.
AND to the end his said Majesty may from time to time be fully satisfied of the true yearly Value of all and singuler the premises herein respectively demised and granted, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, for themselves, their Executors, and Administrators, do covenant, promise, grant and agree to and with his Majesty, his Heirs and Successors by these presents, in manner and form following, (that is to say) that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and the Survivor and Survivors of them and the Executors, and Administrators of such Survivor,The Farmers are to keep dictinct Books and Entries of all Profits. Fines, Forfeitures and Defalcations. shall and will from time to time and at all times during the several and respective terms hereby granted, make and keep distinct fair written Books, containing due and true Entryes of all and every the rates, duties, sum and sums of money by them or any of them, their or any of their Executors, or Administrators, or their or any of their Officers, Substitutes or Servants, had, received, levied, and raised by vertue of these presents, for or by reason of any duties arising by Hearth-money, for or by reason of any duties arising by Licensing of persons to Retail VVine, Aqua-vitae or Strong-waters, or for or by reason of any Fee-farm-rents; Quit-rents, or other Annual Rents and payments herein before demised, or for or by Reason of any Customs, Subsidies, Impositions, or duties of Excise for goods imported, or for or by Reason of any Excise due and payable for any Beer, Ale, Strong-waters, or other Exciseable Liquors, or for any other commodities of the Growth, production or manufacture of Ireland, commonly called Inland Excise, or for or by reason of any duties arising by Licensing of persons to Retail Beer, Ale, or Strong-waters in his or their houses (except before excepted) or for fines, forfeitures or penalties relating to, or any way touching ot concerning the premises herein before demised or granted respectively, or any part or parcel thereof, which by them or any of them shall be received; And of all Compositions, and abatements [Page 96] of any the duties aforesaid by them or any of them made, and of all deductions or defalcations to them or any of them allowed, in some Book or Books to be by them for that purpose separately and distinctly kept; and shall and will also submit to such comptrol upon their Receipts and payments, and such yearly Audit of their accompts, as his Majesty shall thing fit to appoint: And also shall and will at or before the Feast of the Nativity of our Lord, which shall be in the year of our Lord 1673. (unless the several and respective terms hereby granted shall sooner determine) permit and suffer all and singular their Books of accompts touching or concerning these present Farmers, And suffer such Books to be viewed, and Copies thereof taken, &c. Or shall render an accompt thereof upon Oath, if required. or the receipts and payments thereof, to be viewed, and Copies thereof to be taken at his Majesties charge, by such person or prrsons as his Majesty hath appointed, or shall think fit to appoint; or shall otherwise upon his or their corporal Oaths, if thereunto required by the Lord Lieutenant, or other chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant or other chief Governour or Governours of Ireland for the time being, to be always one or more, render a true and full account of the yearly value of the premises during every year of the said several and respective Terms then incurred.
And they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Rasph Bucknall, for themselves and every of them, and the Heirs, Executors, Administrators and assigns, of them and every of them, do covenant and grant to and with his Majesty,If any Duties by Act of Parliament increase, the Rent to increase, and the Farmers to accompt for the over-plus. his Heirs and Successors, that if at any time hereafter during the said several respective Terms of years, any of the rates or duties of Hearth-money, Lycenses to retayl, Customs or Excise, or any other the rents, duties or revenues so as aforesaid demised, shall be by authority of Parliament raised; or if at any time hereafter any Act of Parliament shall be passed whereby the rates and duties aforesaid shall or may be more generally imposed, or extended to any other persons, or made demandable, levyable, or receivable in more places, or of more persons then by the present Laws and Statutes they are or ought to be, Then, and in such case they the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and the Survivor and Survivors of them, his and their Executors administrators and Assigns, shall thenceforth during the residue of the respective Terms hereby granted, receive, and by all lawful ways and means recover the same, and shall therefore yield and pay such further increase of Rent as shall be protionable to the increase or extent of the said Rates, and as by the Lord Lieutenant or other chief Governor and Governors of Ireland, and Councel there for the time being, or any six or more of them (whereof the Lord Lieutenant or other chief Governor or Governors of Ireland for the [Page 97] time being to be always one or more, shall be thought reasonable, or in default thereof, shall truly and faithfully Collect, gather and receive all and singular the rates and duties so as aforesaid increased, and a true account thereof shall render, and pay what shall be due thereupon unto his Majesty, his Heirs and Successors, at his and their Receipt of Exchequer at Dublin, and at the four usual Feasts, over and above the Rents by these presents reserved.
PROVIDED always, and upon this condition nevertheless,If any Rent reserved on the demise for 7 years and four years and 3 quarters be behind 90 days, The Farmers shall forfeit a quarters Interest of the said 70000l. advanced. And it is hereby covenanted, concluded and agreed upon by and between all the said parties to these presents, that if at anytime hereafter during the said several and respective terms of seven years, and four years and three quarters hereby granted, the said several and respective yearly Rents therein mentioned, and thereupon reserved to be quarterly paid at the four usual Feasts, or any part or parcel thereof, shall be behind and unpaid in part or in all, contrary to the true intent and meaning of these presents, by the space of fourscore and ten days, next after any of the said Feasts or days of payment on which the same ought respectively to be paid as aforesaid, the Defalcations duly allowed being first deducted: Or if default shall be made in the payment of any other sum or sums of Money in and by these presents covenanted and agreed to be paid in part or in all, by the space of fourscore and ten days next after any of the days of payment herein appointed for the payment thereof, contrary to the true intent and meaning of these presents, That then and in every such case, and for every such default, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood; William Muschamp, Humphrey Taylor and Ralph Bucknall, their Executors, administrators and assigns, shall forfeit and lose so much money as the interest of seventy thousand pounds for one quarter of a year, after the rate of ten pounds per Cent. for one whole year shall amount unto. Or if at any time hereafter during the said term of six years hereby granted,Or if any Rent reserved on the Demise for six years be behind twenty days, to forfeit a months Interest of the said 70000 l. the yearly Rent therein mentioned and thereupon reserved to be paid by several proportions, and at several times, amounting in the whole to twenty four several payments in the time and space of twelve months, or any part or parcel thereof, shall be behind or unpaid in part or in all, by the space of twenty days next after any of the said days or times of payment, the Defalcations duly allowed being first deducted, That then and in every such case, and for every such default the said Lessees and Farmers, their Executors, Administrators and Assigns, shall forfeit and lose so much money as the interest of 70000 l. for one month, after the rate of ten pounds per Cent for one whole year shall amount unto.
Provided also,And if the Rent reserved quarterly be behind fourty days after the ninety days, or the Rent reserved on the Demise for six years, other twenty days after the former twenty days, Then the farme to be seized. that if the said yearly Rents in and by the said several demises for seven years, and four years and three quarters of a year reserved, or any part or parcel thereof, shall be behind and unpaid by the space of fourty days more next ensuing the fourscore and ten days in the former proviso mentioned, that is to say, by he space [Page 98] of one hundred and thirty days after any the Feasts or days of Payment in the said several demises limited: Or if the said yearly Rent in and by the said demise for six years reserved, shall be behind and unpaid by the space of twenty days more, next ensuing the twenty days in the said former Proviso mentioned, that is to say by the space of fourty days after any of the days of payment, in the said demise for six years limited; That then, and from thenceforth, in every or any such case, it shall and may be lawful to and for his said Majesty, his Heirs and Successors, to seize the said several and respective Farms, and all the said duties hereby granted and demised as aforesaid, into his and their hands, and the same to demise and let to Farme to any other person or persons who will contract and agree for the same.And if the Lord Lieutenant, &c. or any six of them, &c. discharge the Farmers by order in Writing, their several demises to be voyd. And that in case the Lord Lieutenant or other chief Governour or Governours of Ireland, and Councel there for the time being, or any six or more of them, whereof the Lord Lieutenant or other chief Governor or Governors for the time being to be always one or more, shall after failer of payment as aforesaid, by any Order in writing to be left at the receipt of his Majesties Exchequer in Ireland, or to be sent thither by any Messenger; summon or cause to be summoned the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or any of them, the Survivor or Survivors of them or any of them, their or any of their Executors or Administrators, to appear before them, to shew cause, if they can, why the said several and respective Farms, or either of them, should not be seized and disposed as aforesaid: And having heard his or their Allegations, or in default of their appearance, shall under their hands and seals signifie unto them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, and the Survivor and Survivors of them, their Executors, administrators and Assigns, their pleasure, that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or the Survivor or Survivors of them, or his or their Executors, Administrators or Assigns, shall forbear to act or intermeddle any further in the mannagement or administration of the said several and respective Farms, or any of them; and shall leave such signification at any of the Custom-houses, or at the Office of Excise, or any other chief Office or dwelling-place to them or any of them belonging, wheresoever the same shall be kept: That then, and immediately from thenceforth, these present several demises and grants, or such of them which in the said writing under hand and seal shall be particularly mentioned, and all and every clause, article and thing therein contained, which on the part of his Majesty ought to be performed, shall cease, determine, and be utterly void and of none effect, as if [Page 99] these presents had not been made, without any Office, Inquisition or Seizure, Scire-fatias, Process, or other matter or thing whatsoever whereby to avoid or determine the same, (any thing in these presents contained to the contrary notwithstanding)
NEVERTHELESS the Revenues and profits of all or any the respective Farmers so as aforesaid to be avoided or determined,But the profits received between the last Rent paid, and such avoydance, shall be answered to his Majesty. which shall have been received by the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, administrators or Assigns, or any of them, between the last Feast-day next preceding such breach of the Condition and the time of seizing, avoiding or determining such Farm or Farms, shall be duly and truly answered and paid unto his Majesty, his Heirs and Successors.
PROVIDED always,If the Farme be seized, the 70000 l. advanced, or so much as remains in his Majesties hands, is to go towards the arrears, The residue and Interest to the Parmers. that if at any time hereafter the said several and respective Farms or any of them shall happen to be seized, and the Estate and Interest in them or any of them avoided or determined in manner aforesaid, for non-payment of the said respective yearly Rents herein before reserved, or for non-payment of any part thereof, or for any other the causes aforesaid; or that these presents shall by Act of Parliament, or Act of State hereafter to be made, or any other way, cease or become void, by reason of any breach of the before mentioned provisoes, covenants and agreements, or any of them, or be demised to let to Farme to any other person or persons: Then his Majesty doth hereby declare, That the sum of threescore and ten thousand pounds so as aforesaid advanced and paid, and the Interest thereof then due, or so much thereof as shall be then remaining in his Majesties hands behind and unpaid, shall be accepted by his Majesty, his Heirs and Successors, for and towards the satisfaction of such arrears of Rent as shall be then owing and unpaid: and the residue thereof, (if any such be) together with the Interest thereof then due (the said arrears being first deducted) shall be repaid and satisfied out of such part of his Majesties Revenue as shall grow due and payable after such avoidance or determination as aforesaid. And the Lord Treasurer, Vice-Treasurer, Chancellor, and Barons of the Exchequer, and all and every the Farmers,And the Lord Treasurer, &c. on sight hereof to pay the same accordingly. Commissioners, Collectors and Receivers thereof, or any part thereof, are hereby impowred and required to pay the same accordingly, upon the sight of this present Grant, or the Inrolment thereof, without any other or further Warrant.
PROVIDED always nevertheless,The Power of granting Licences to transport Wool-flocks to continue. and it is hereby declared to be the true intent and meaning of all parties to these presents, that nothing herein contained shall extend, or be construed to extend to lessen, abate, interrupt, make void, or give any disturbance to the execution of any Orders, Directions or Authorities lately granted by his Majesty, under the great Seal of Ireland, to make Licences or Dispensations for the transportation of Wool-flocks and other Commodities [Page 100] therein mentioned, into his Majesties Kingdom of England onely, and not elsewhere, nor into any forreign parts out of his Majesties Dominions,And to grant pardons of the offences committed against the Statutes of the 11. and 13. Eliz. and to grant pardons of the offences committed against the Statutes of the Eleventh and Thirteenth of Queen Elizabeth in that case made and provided, and of the forfeitures, and penalties forfeited to his Majesty by the said Acts, or either of them; nor to give any disturbance to the execution of the like Authority granted or to be granted by his Majesty, his Heirs or Successors, at any time during the continuance of the said several and respective Leases unto any other Lieutenant, Deputy, chief Governor or Governors of Ireland for the time being; nor to lessen or make void any powers or authorities given or granted to the Commissioners of Appeals,And the Power granted the Commissioners of Appeals. or to his Majesties Court of Exchequer, but that they and every of them shall and may at all times during the continuance of the said several Leases, lessen, abate, mitigate, compound for, or discharge such fines, penalties and forfeitures as by Law they are authorized to do: any thing herein contained to the contrary thereof notwithstanding.
And because in this present Indenture several demises are contained, wherein several Duties and Revenues of a different kind and nature are demised for several and different terms of years; and provision is likewise made that Defalcations of Rent shall be allowed in several cases, in such manner and form as herein before is expressed; Notwithstanding which Provisions, some doubt may arise whether they to whom the power of making such allowances by way of Defalcation is intrusted and committed, may not or ought not upon every demand of Defalcation to be made, have a respect to, and consideration of all and every the Branches of Revenue hereby severally and respectively demised as aforesaid, and then refuse to make any Defalcation unless the Farmers so demanding the same shall make it appear that they have sustained great loss upon the whole Revenue severally demised as aforesaid, although they should make it appear that they have sustained great loss by that Branch of Revenue for which a Defalcation is demanded: For better Explanation therefore of this doubt, his Majesty is pleased hereby to declare and agree, that when, and as often as any Defalcation shall be demanded by vertue of any Covenant, Clause or Article in these presents contained, for and in respect of dammage suffered in any particular Branch of Revenue herein before mentioned and demised,All Defalcations to be considered in every particular branch, for which Defalcation is demanded, not collectively, by computing what is got or lost upon the several branches; but distributively, by computing what is got or lost by that particular which Defalcation, &c. That then and in every such case the Lord Lieutenant or other chief Governor or Governors of Ireland, and Council there for the time being, or any six or more of them, whereof the Lord Lieutenant or other chief Governor or Governors for the time being to be always one or more, shall from time to time proceed to consider of such Defalcations, without any respect of, or inquiry into what hath been or may be gotten or lost upon the whole contract for taking to farm all the several Branches of Revenue herein before mentioned, but shall onely take into consideration that Branch of Revenue for which a Defalcation [Page 101] is particularly demanded, and upon consideration thereof had, if it shall be found that the Farmers and Lessees thereof, their Executors and Assigns, have sustained great loss and Damage in that Branch of the Revenue, for which a Defalcation is demanded, by reason of such Accidents, for which a Defalcation is intended, according to the true meaning of these presents; Then, and in every such Case, a reasonable Defalcation shall be made and allowed as aforesaid; It being the true intent and meaning of these presents, That in cases of Defalcations each several Branch of Revenue comprised in any of the several Demises and Terms of years shall be considered severally and apart by it self, without any respect to, or consideration had of any Profit or Advantege which may have been made of any other Branch of Revenue for which no Defalcation is demanded.
Provided always, and it is hereby declared and agreed,No Defalcation for Quit-rents granted away before Michaelmas last, that nothing herein contained shall any way Entitle the said Farmers or Lessees, their Executors, Administrators or Assigns, or any of them, to ask, demand, or have any defalcation for or in respect of any new Quit-rents, which by vertue of any Letters Patents under his Majesties great Seal of England, or under his Majesties great Seal of Ireland, have been Granted, Released,Or for the Quit-rents of the Lands inclosed in Phoenix Park. or Discharged at any time before the Feast of St. Michael the Archangel now last past; or for or in respect of any Quit-rents due or payable for any Land inclosed in his Majesties Park near Dublin called the Phoenix Park, or any other his Majesties Parks whatsoever.
And whereas much time hath been already spent since the said Proposals first made to his Majesty by the said Lessees and Farmers, and his Majesties acceptance thereof, before the Covenants, Provisoes and Agreements in these presents contained could be setled and made ready for his Majesties great Seal to be thereunto affixed, By reason whereof a great part of the first year of the Lease for seven years hereby granted, which was to take effect in possession, and to Commence from the Feast of the Nativity of our Lord Christ now last past, is elapsed and gone,No advantage to be taken of any forfeiture, so as the Rent which was to have been paid before Midsummer 1669, be paid in six months after the date hereof. and that some doubt may arise whether the said Lessees and Farmers will not immediately upon the sealing hereof incurre some danger of forfeiture for breach of some Proviso or Condition herein before mentioned, by reason of their non-payment of their Rent, and other sums of money which should have been paid at such days and times as are now past: His Majesty is hereby pleased to declare, that no advantage shall be taken of any forfeiture for non-payment of any Rent or other sums of money which should have been paid before the Feast of the Nativity of St. John Baptist, one thousand six hundred sixty and nine, so as the same be paid in to his Majesties Receipt of Exchequer at Dublin within the space of six months next ensuing the date of these presents; any thing before contained in these presents to the contrary notwithstanding.
And his Majesty doth hereby further declare and agree, that for the better and more effectual impowering and enabling the said John [Page 102] Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, to have, take, receive, collect and enjoy the said Quit-rents, and all other the rents hereby demised, as the same shall from time to time grow due and payable, during the term hereby granted; It shall and may be lawful to and for the said John Forth, The Farmers or any five or more of them to give Acquittances for Quit-rents, &c. William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or any five or more of them, from time to time, and at all times during the term hereby demised, to make and give under their or any five or more of their hands, Acquittance or Acquittances to all or any person or persons whatsoever paying the said Quit-rents and other the rents hereby demised. And the Acquittance or Acquittances of them the said John Forth, And the same to be to these paying the same a sufficient discharge. William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or any five or more of them, shall be unto a [...]l and every such person or persons so paying the same from time to time, a sufficient discharge for the same; And the Lord Treasurer, Vice-Treasurer Chancellor, and Barons of the Court of Exchequer in Ireland, and all other Officers and Ministers of the Revenue there for the time being, are hereby authorized and impowered to admit, allow, and approve of all such Acquittance or Acquittances by them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, or any five or more of them, from time to time so made and given as aforesaid, and to exonerate and discharge all and every the person and persons of and for all and every such Quit-rents, and other rents, sum and sums of money in all and every Acquittance or Acquitcances mentioned and contained, in as full and effectual manner and form as if the same Quit-rents and other rents, sum and sums of money had been really paid by such person or persons into the recept of his Majesties Exchequer in Ireland: And for so doing, these presents or the Inrolment thereof shall be to them and every of them a sufficient Warrant and Authority in that behalf.
The persons making and giving the said Acquittances to any the Officers their just fees, &c.PROVIDED always, that the several persons who shall make or give such Acquittances, do pay or secure to be paid unto all and every the Officers and Ministers of his Majesties Court of Exchequer aforesaid, all such just and usual Fees, Allowances and Duties, for and in respect of such Rents and sums of money for which such Exonerations and Discharges shall be made by them as aforesaid, as they the said Officers and Ministers ought to have had and received, in case the said Quit-rents, and other rents and sums of money in such Acquittances mentioned and contained, had been actually paid into his Majesties Receipt of Exchequer as aforesaid.
And for the better ascertaining and securing the payment of the Quit-rents hereby demised,Where Lands vested in his Majesty by the Acts of Settlement and Explanation, and subject hereby to the payment of Quit-rents, or are or shall be granted in Custodium, or demised for years, The Farmers to receive so much yearly Quit-rents as by the said Acts are due, and in default thereof to pay themselves by way of Retayner, &c. Saving to his Majesty such Rents as shall be reserved on any such Grant in Custodium, or other Lease for any less term than one and twenty years. The Patent to be inrolled in Chancery, and Exchequer in Ireland, within a year after the date hereof, on pain of losing 100 l. a moneth after the said year expired. His Majesty is graciously pleased further to declare and agree, that where any Lands vested in His Majesty by the Acts of Settlement and Explanation, or either of them, and subject to the payment of such Quit-rents as are hereby demised, do or shall remain in his Majesties hands, or are or shall be granted in Custodi [...]um, or otherwise let or demised for any term of years, That then and in all and every such case and cases, it shall and may be lawful to and for the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, to have and receive so much yearly Quit-rent as by the said Acts of Parliament, or either of them, are due and payable for such Lands; or in default thereof, to pay themselves the said Annual Quit-rents by way of Retainer of so much of the yearly rent reserved by these presents, as the said Annual Quit-rents of such Lands shall or may amount unto (any Continuance of such Lands in the hands and possession of his Majesty, or any granting thereof in Custodium, or other letting or devising of the same, to the contrary notwithstanding.) Saving alwayes to his Majesty such Rents as are or shall be reserved of any such Grant in Custodium, or other Lease thereof made or to be made for any less Term than one and twenty years.
PROVIDED lastly, that if the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Buck-nall, their Executors, Administrators or Assigns, shall not within the space of Twelve moneths next ensuing the date hereof, cause this present Indenture to be enrolled in his Majesties High Court of Chancery in Ireland, and also in the Court of Exchequer in Ireland, in the Office of the Treasurers Remembrancer there, That then and in such case, and for every such default, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, and every of them, shall forfeit and lose unto His Majesty, his Heirs and Successors, the sum of One hundred pounds for each moneth after the said year expired, wherein the said Indenture shall remain and continue without Enrolment thereof made in manner and form aforesaid.
IN WITNESS WHEREOF, Our said Sovereign Lord the King to one part of this present Indenture, remaining in the hands of the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor and Ralph Bucknall, hath caused his Great Seal of England to be affixed: [Page 104] And to the other part thereof, remaining in the hands of our said Sovereign Lord the King, the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp. Humphrey Taylor and Ralph Bucknall, have interchangably set their Hands and Seals, the Day and Year first above written.
May it please Your most Excellent Majesty:
YOur Majesty in consideration of 70000 pounds advanced by 10000 pounds per mensem, and covenanted to be left in Your Majesties hands for four years at 10 pounds per cent. and good security to be given for payment of your Rent when any part of it shall be taken out, and in consideration of the Rents reserved, Is hereby gratiously pleased to Demise unto John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, Your Revenue in Ireland arising by Hearth-money, Licenses to retaile Wine and Strong-waters, the new Quit-rents given to Your Majesty by the Acts of Settlement and Explanation, the Chief-rents, Fee-farme-rents, Rents service, Rents charge, Rents secke, Rents reserved upon Leases exceeding one and twenty years, Coppyhold, and all other ancient Crown-rents, except such Quit-rents as have been granted or released by your Majesty since Michaelmas last, and except the Rents reserved upon the Farms of the Customs and Excise, which are yet in being: To have and to hold from Christmass-day last for seven years, Rendering yearly 91500 pounds at the four usual Feasts; The first payment was to begin at our Lady-day last past. And your Majesty is further pleased to Demise unto them your Revenue arising by Customes and imported Excise, To have and to hold from Christmass-day next ensuing for six years, rendering yearly seventy five thousand pounds. But the times of payment thereof are to be monethly, according to the rate of 6000 pounds a moneth, at two several payments in the moneth, by Equal portions; The first payment is to begin on the 31 of January next, but every 15 of January following during the Terme; and also upon the 15 of January after the Terme, there must be paid 6000 pounds. And your Majesty is further pleased to demise unto them your Revenue arising by Inland Excise, and by Licenses to Retaile Ale and [Page 93] Beer; To have and to hold for four years and three quarters, from the 25 of March 1671, Rendering yearly 53000 pounds for the first four years, by four quartely payments, and 39750 pounds during the last three quarters; with Covenants and Provisoes suitable to the respective Terms, which have been seen and examined by the Lords Commissioners of His Majesties Treasury, and by some of the Lords of His Majesties Privy Council in England, and some of the Lords and others of His Majesties Privy Council in Ireland.
THE PATENT FOR THE ABATEMENT.
CARLES the Second by the Grace of God of England, Scotland, France and Ireland King, Defender of the Faith, &c. To all to whom these presents shall come, Greeting:Recital of the aforesaid Indenture, &c. Whereas We in and by one Indenture of Demise, bearing date the Twelfth Day of July last past before the date hereof made, or mentioned to be made, between Our-self of the one part, and John Forth Alderman, and now one of the Sheriffs of the City of London; William Bucknall, William Dashwood, Philip Jemmet, John Breedon, of the City of London Esquires, James Hayes of Lincolns Inne in the County of Middlesex Esquire, Dannet Forth, George Dashwood, of the City of London Esquires, William Muschamp, and Humphrey Taylor of Dublin in the Kingdom of Ireland Esquires; and Ralph Bucknall of the City of London Esquire, of the other part, for the considerations therein mentioned, have demised, granted, and to Farm lett unto the said John Forth, and other the Persons last before mentioned the Duty arising by Hearth-money, the Duties arising by Licences to retail Wine and Strong-waters, all the New Quit-rents given to Us by the late Acts commonly called The Acts of Settlement and Explanation, all Chief Rents and Fee-farm Rents, all Rents Service, Rents Charge, Rents Seck, Rents reserved upon Leases Exceeding 21. years at the making hereof, Assart Rents, Rents due for Purprestures arrented, Copyhold Rents, and all other certain Rents, Annuities and Sums of Money yearly payable to Us within Our said Kingdom of Ireland, whether the same be due by the Common Law, Statutes, Custom or Prescription, or by our Ancient Prerogative, Right and Inheritance of the Crown, or otherwise howsoever, Except the Rents payable upon the Farm of the Customs and Imported Excize within our said Kingdom of Ireland, still in being, and the Rents due and payable upon the Farm of Beer and Ale, and other the In-land Excize, and of the Moneys payable for Licences to retail Ale and Beer, which is still also in being; [Page 108] To have and to hold from Christmass-day last for seven years from thence next ensuing, under the yearly Rent of Fourscore and Eleven thousand and five hundred pounds of lawfull English Money, or lawful Irish Money, equivalent thereto, at the four usual feasts by equal portions: And the first payment thereof to begin upon our Lady day last past before the date hereof.
And whereas we have by the same Indenture likewise demised to the said John Forth, and other the Farmers first above named, the Customes and Subsidies of Tunnage and Poundage, and the Duties of Excize for Goods imported as fully as they have been, or may be granted, except the Alnage and such other Duties of Customes and Excize as may hereafter be imposed beyond the present Rates; And except the Customes of Bullion, Allome, Smaults, Saffers, and also the Prizage and Butlerage, and the Customes of Logwood, and Logwood forfeited; and except the Duty of five shillings per Tonne upon French Shipping, To have and to hold from the Feast of the Nativity of our Lord God next ensuing for Six years, under the yearly rent of Threescore and fifteen thousand pounds, but payable in several proportions, and according unto several Monthly distributions therein more particularly mentioned and expressed.
And whereas also, We have by the same Indenture demised unto the said Farmers the Excize of Beer and Ale and Strong-waters, and other Excisable Liquors, within our said Realm of Ireland, commonly called the Inland Excize, and Duties arising upon Licenses to retail Ale and Beer. To have and to hold from the Five and Twentieth day of March 1671. for the terme of Four years and three quarters from thence next ensuing; Yielding and paying, during the First four years of the said term, Fifty three thousand pounds yearly, by four quarterly payments, and during the Last three quarters of a year, Thirty nine thousand seven hundred and fifty pounds, by three equal and quarterly payments; The first payment of the Fifty three thousand pounds to be upon the Feast of St. John the Baptist 1672. And the first payment of the Thirty nine thousand seven hundred and fifty pounds to be upon the Feast of St. John the Baptist 1675. As by the same Indenture, and the several demises thereby made, or mentioned to be made, (amongst divers other Powers, Provisoes, Covenants and Clauses therein contained) more fully and at large it doth and may appear: By reason of which several and respective demises so as aforesaid made; There will be due and payable to Us, during the First year of the said Seven years, ending at the Feast of the Nativity of our Lord next ensuing, only the Rent of Fourscore and Eleven thousand and five hundred pounds, And after the said Feast of the Nativity of our Lord next ensuing, unto the Feast of the Nativity of our Lord which shall be in the year of our Lord 1675. there will be due and payable unto us, as a further encrease of Rent, the yearly Sum of threescore and fifteen thousand pounds, which being added unto the former Sum, amounts to One hundred threescore and six thousand and five hundred pounds yearly, and after the Feast of the Annuntiation of the blessed [Page 109] Virgin Mary which shall be in the year of our Lord 1671. unto the said Feast of the Annuntiation in the year of our Lord 1675. there will be due and payable as a further Encrease of Rent, the yearly Sum of Fifty and three thousand pounds, and from thence untill the Feast of the Nativity of our Lord 1675. the Sum of Thirty nine thousand seven hundred and fifty pounds, in all the Sum of Two hundred and nineteen thousand and five hundred pounds yearly; Which Rent was first undertaken to be given by the said William Muschamp and Humphrey Taylor alone, who did also contract and agree to advance the Sum of Threescore and ten thousand pounds: And whereas the Covenants, Reservations, and Agreements aforesaid, were of too great weight and value to rest upon the security of the said William Muschamp, and Humphrey Taylor onely, insomuch that We did in no sort think fit to make or perfect any Grant of the Premisses, untill John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, were willing to contract with Us, and to become Tenants and Farmers of the Premisses; who have also submitted to Our further pleasure, that all Quit-rents which have by Us been granted or released before the Feast of Saint Michael the Arch-angel now last past, should stand excepted out of the Demise to them made, to their no small loss and detriment.
We therefore, for the better Encouragement of them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, in the management of the said Farm, and in consideration of their many and acceptable Services to us heretofore done, and hereafter to be done and performed, and as a mark of Our especial favour to them shewn, and for divers other good Causes and Considerations Us thereunto especially moving, of Our especial grace, certain knowledge, and meer motion, have given and granted, and by these Presents for us, Our Heirs and Successors, do give and grant unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, their Executors,Ab [...]eme [...] of 623 [...] l. out of the Rent of 91500 l. per Annum, due between the 25 Dec. last, and 25 Dec. next. And out of the 2 Rents or sums of 91500 l. and 75000 l. due between 25 Dec. 1669. and 25 Dec. 1670.—11378 l. Administrators and Assignes, out of the several Rents in and by the aforesaid Indenture to Us reserved and payable as aforesaid, the several Sums of Money, and in the proportions and manner following: (that is to say) out of the aforesaid Rent or Sum of Fourscore and eleven thousand and five hundred pounds per Annum, due and payable to Us by the aforesaid Indenture, between the Five and twentieth day of December last past, and the Five and twentieth day of December next ensuing the date hereof, the Sum of Six thousand two hundred fifty and two pounds; And out of the said two several yearly Rents or Sums of Fourscore and eleven thousand and five hundred pounds, and Threescore and fifteen thousand pounds per Annum, to Us due and payable by the aforesaid Indenture, between the Five and twentieth day of December [Page 110] 1669. and the Five and twentieth day of December 1670. the Sum of Eleven thousand three hundred seventy and eight pounds; And out of the several Rents or Sums of Money to Us due and payable by the aforesaid Indenture,And out of the other Rents due between 25. Dec. 1670. and 25. Dec. 1671. 14773 l. 10 s And out of the Rents due between 25 Dec. 1671. and 25 Dec. 1675. during the last four years 15000 l. Habendum to the onely benefit of these Patentees. betwen the Twenty fifth day of December 1670. and the Twenty fifth day of December 1671. the Sum of Fourteen thousand seven hundred seventy three pounds and ten shillings; And also out of the several Rents, or Sums of Money to Us due and payable by the aforesaid Indenture, between the Five and twentieth day of December 1671. and the Five and twentieth day of December 1675. for every year, during the said four last mentioned years, the Yearly Sum of fifteen thousand pounds, To have and to hold the said Sum of Six thousand two hundred fifty and two pounds, and the said Sum of Eleven thousand three hundred seventy and eight pounds, and the said Sum of Fourteen thousand seven hundred seventy and three pounds and ten shillings, and also the said Yearly Sum of fifteen thousand pounds unto the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, their Executors, Administrators and Assigns, in manner and form aforesaid, as of our free gift, without any account, trust, or other matter or thing whatsoever to Us, or any other to be rendered for the same, and to their own sole use and benefit, and not for the benefit of any other the parties to the said Iadenture: And we do hereby grant and agree to and with the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, that it shall and may be lawfull to and for them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, their Executors, Admistrators and Assigns, from time to time during the continuance of the several and respective demises in the said Indenture mentioned to abate, deduct, defalk, detain, retain, and keep in their hands and to their own proper use and behoof out of the several and respective Rents and Summes of Money, who are also to detain their said abatements out of the Rents. by the Indenture aforesaid reserved, the aforesaid several Sums of Six thousand two hundred fifty and two pounds, and Eleven thousand three hundred and seventy eight pounds, and the said sum of Fourteen thousand and seven hundred seventy and three pounds, and ten shillings, and also during the said Four years as aforementioned, the yearly Sum of Fifteen thousand pounds per Annum, by equal quarterly payments and deductions, according to the true intent and meaning of these Presents, and of Our will and pleasure herein before declared.
And We do hereby command, authorize and impower the Lord Treasurer,And the Lord Treasurer, &c. to suffer fuch abatements, &c. Vice-Treasurer, Chancellor, and Barons of Our Court of Exchequer in Ireland, and all other Officers and Ministers of Our Revenue there for the time being, That they and every of them do accordingly permit and suffer the said John Forth, William [Page 111] Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, their Executors, Administrators or Assigns, to detain, retain,By way of Retainer. and keep in their hands, and to their own proper use and behoof out of the said several Rents by the Indenture aforesaid reserved, and due and payable unto Us as aforesaid, the said several Sums of Six thousand two hundred fifty and two pounds, and Eleven thousand three hundred seventy and eight pounds, and the said Sum of Fourteen thousand seven hundred seventy and three pounds and ten shillings, and the said yearly Sum of Fifteen thousand pounds per Annum, in such manner and at such times as the same are hereby granted, according to the true intent and meaning of these Our Letters Patents; And that they, and every of them, do accordingly exonerate and discharge the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, their Executors, Administrators and Assigns, and every or any of them, of, for, and concerning the same Sums of Money, and every part and parcel thereof hereby given and granted as aforesaid, in as full and effectual manner and form, as if the same Sum and Sums of Money had been really paid into the Receipt of Our Exchequer in Ireland, at the dayes and times wherein they are by Our said recited Indenture of Demise mentioned to be payable; And for so doing, these Presents,By vertue of these Presents, without further warrant. or the enrollment thereof, shall be to them, and every of them, a sufficient Warrant and Discharge in that behalf.
And whereas there are several Sums of Money now due, and in arrear to His Majesty for Quit-rents from several Persons within the said Kingdom of Ireland, a speedy and hasty Collection whereof may not onely very much hinder and dis-able the Persons so owing the same Arrears to pay the same, But also the future growing Quit-rents by them to be due and payable, and by the Indenture aforesaid demised and granted to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall; whereas a moderate Collection of the said Arrears may render the same Persons more able to pay, as well the said Arrears, as also the future growing Quit-rents.
To the end therefore that the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, may be the better secured in the full enjoyment and perception of the same Quit-rents to them demised for the term of Seven years, according to the true intent and meaning of the same Indenture, His Majesty is hereby graciously pleased to declare, and doth hereby covenant, grant and agree, to and with [Page 112] the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, and Ralph Bucknall, their Executors, Administrators and Assigns, That His Majesty, his Heirs or Successors, shall not, nor will not in any one year, during the said term of Seven years to them the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, William Muschamp, Humphrey Taylor, His Majesty will not in any one year collect above one seventh part of any arrears of Quit-rents, now due, &c, Non obstante the ill reciting, not reciting, &c. the aforesaid Indenture, &c. and Ralph Bucknall, so as aforesaid granted, collect, gather, receive, or take, nor suffer to be collected, gathered, received or taken of, or from any person or persons whatsoever, above one Seventh part of any such arrears of Quit-rents by them, or any of them, now due and in arrear as aforesaid.
Notwithstanding the ill reciting, not reciting, or mis-reciting the aforesaid Indenture of Demise, made or granted, to the said John Forth, William Bucknall, William Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, VVilliam Muschamp, Humphrey Taylor, and Ralph Bucknall, or to the former Farmers of any of the said Farms still in being, or any the Rents or Sums of Money thereby or thereupon reserved and payable to Us, or any other Matter, Cause or Thing whatsoever therein contained, to the contrary hereof in any wise notwithstanding, or any other defect, matter, cause or thing whatsoever, to the contrary hereof in any wise notwithstanding. In witness whereof, We have caused these Our Letters to be made Patents. Witness Our Self at Westminster the Third day of August, in the One and twentieth year of Our Reign.
YOur Majesty (taking notice of Your Grant and Farm of Your Revenue of Ireland, made to John Forth, William Bucknall, and others, and of their advancement of 70000 l. to your Majesty, and becoming Security for the performance of the Covenants therein contained on their parts, and in Consideration of an Exception in the said Grant of all the Quit-rents, by your Majesty given away and discharged before Michaelmass last) is hereby graciously pleased to grant to the said John Forth, VVilliam Bucknall, VVilliam Dashwood, Philip Jemmet, John Breedon, James Hayes, Dannet Forth, George Dashwood, and Ralph Bucknall, out of the Rents by the said Grant reserved, between Christmass last and Christmass next, the Sum of 6252 l. and out of the Rents payable between Christmass next, and Christmass 1670. the Sum of 11378 l. And out of the Rents payable between Christmass 1670, and Christmass 1671. the Sum of 14773 l. and 10 s. And further to grant them the yearly Sum of 15000 l. per Annum, out of the Rents, by the said Grant reserved between Christmass 1671. and Christmass 1675. with power to defalk the same out of the Rents quarterly. And your Majesty doth hereby also Covenant with them, that Your Majesty will not in any one year of the Seven yeares thereby granted, Collect above one Seventh part of any Arrears of Quit-ents now due to your Majesty.