A DECLARATION OF THE LORDS and COMMONS Assembled in Parliament To the whole Kingdome, Concerning the EXCISE: With additionall Instructions for the better Regulating of the same.
Die Lunae 22 Feb. 1646.
ORdered by the Lords Assembled in Parliament, that this Declaration and Jnstructions be forthwith printed and published.
LONDON. Printed for John Wright, at the Kings head in the Old-baily. 1646.
Die Lunae 22. Febr. 1646. A DECLARATION of the Lords and Commons Assembled in PARLIAMENT, concerning the EXCISE.
THE Lords and Commons assembled in Parliament, taking notice of the many Tumults and great Riots, which have of late happened, and beene privily fomented in severall parts of the Kingdome against the Recepts and Collections, of the Excise, by the secret and subtile designes and practises of Malignants, and such, who by their false [Page 2] and fained pretences doe endeavour to breede a misunderstanding, and impatience in the People; have for the better manifesting of the Justice of their proceeding, and realty of their intentions thought fit to make this Declaration to the whole Kingdome.
That as nothing did or could have drawne them to resolve upon this imposition, but the preservation of this Kingdome, the Religion, Lawes and Liberties from utter ruine, and distruction, all which at that time was threatned by the restlesse, and cruell designes, practices, and treacheries of Papists and Malignant persons, so they could then finde no other meanes▪ after the well-affected had so willingly borne so many great Levies, which the Malignants had endeavored by all cunning wayes to evade, how any longer to maintaine the Parliament forces, and other great affaires of the Common Wealth, and to draw in the Malignants, and Neutrals to beare their proportionall parts of the charge, then by some such constant, and indifferent way; And what great difficulties expences, and charges, the said Lords and Commons have by the Receipt▪ and credit of the Excize with some other helpes as occasion did require, beene enabled ever since, through Gods blessing to overcome and maintaine by continually keeping on foot so many severall Armies as they were by the Kings party in Armes against the Parliament, enforced to rayse in divers parts of the Kingdome by maintaining so many Garisons by relieving of Ireland from time to time when other supplies could not be timely raised, by satisfying our Brethren of Scotland in part; is by this time so evident to the whole Kingdome, that they hope no well affected person can, or will looke back upon what hee hath contributed in this way for his part, with any regret, or repining, as if the same had, or can be fruitlesse to him, [Page 3] or his posterity; And for the present continuance of this Leavy, when it shall be considered for what great summes, and to how many well affected persons they have already engaged the Excise for Monies borrowed and justly due unto them, what expences they must yet be at before they can settle this Kingdome, what charges are requisite to reduce the Kingdome of Ireland, and what great engagements do otherwise lie upon the Parliament for many supplies and services, for satisfying whereof the publique Faith, and Honour of the Parliament, and Kingdome is engaged, they are confident that no well-affected, or understanding person can, or will desire, or expect that this Leavy, which they still finde the most equall and indifferent course to go through so many great affaires should cease, while the Parliament is thus deeply engaged, and have so many pressing occasions for Monies for the necessary support, and preservation of the Kingdome; And therefore the said Lords and Commons Assembled in Parliament, do hereby declare to the whole Kingdom that they shall, and do expect that all persons whatsoever shall duely pay all summes of Money imposed by any Ordinance of Parliament by way of Excise upon all, and every the Commodities, Marchandizes, and things therein mentioned, and comprised, and that the same Ordinances shall be duely observed according to the Rules therein prescribed untill further Order of both Houses of Parlament; Whereunto the said Lords and Commons do hereby require all persons to yeild all ready obedience, conformity and assistance accordingly as they tender the honour of the Parliament, the welfare of the Kingdom, and as they would approve themselves well affected to both.
And wee the said Lords and Commons Assembled in Parliament, to manifest our constant and sincere [Page 4] intentions, in the continuance of this receipt of the Excise, doe hereby declare, that as hitherto the Revenue thereof hath been wholie imployed for the Publique uses and occasions of the Kingdome, and diverted to no private use whatsoever, so they are still resolved to dispose thereof in the same publique and necessary services of the Common-wealth onely, and shall no longer continue this charge upon the Subject, then they shall finde the publique affaires wherewith they are intrusted necessarily to require the same; And when it shall please God by the continuance of his mercy, to enable them to settle the Peace of the Kingdome, and to overcome the engagements thereof in some good measure, they shall then make it ap [...]eare to the whole World, how much more ready they are to ease the People of this charge, then they were willing at first to impose the same. In the meane time, and to the end that they may give all possible ease to the People, where the nature of such a Leavie, and the just and most indifferent Rules, which must necessarily be used and observed in the raysing of the same, will admit thereof.
They have for the better regulation of this Receipt and for restreyning of Arbitrary and Exorbitant power, resolved for the present on the Instructions and Rules ensuing; And doe hereby require the Commissioners of Excise, their Sub-Commissioners and all other their Collectors and under Officers duely to observe the same, and according as they the said Lords and Commons shall further discover any further inconveniency or preasures upon the People in the leavying of the Excise. It shall be their continuall care to finde out such fitting remedies for the ease of them, and removing of all just grievances as shall be a sufficient testinony to the whole Kingdome, how ready they are to answer the great trust reposed in [Page 5] them, and to let the People enjoy the long expected fruits of their great expences and contributions.
And the said Lords and Commons doe hereby further declare, and Ordaine, that for the better and dire punishment of all such Tumults, Riot [...], and unlawfull Assemblies; All Justices of the Peace, Sheriffes, Mayors, Bailiffes, and all other his Majesties Officers within the Kingdome of England, and Dominion of Wales, as well within Liberties as without, within their severall Counties, Liberties, and Jurisdictions respectively, doe from time to time make diligent inquiry of all Tumults, Riots, & other unlawfull Assemblies as have been, or for time to come shall be made, done, or committed against the said Commissioners of Excise, their Sub-Commissioners or any of their Officers, or others in their aide and assistance in the execution of the severall Ordinances of Excise, and all such persons as have or shall make or cause such Tumults, or Riots, to apprehend, and to commit to prison and to punish according to Law.
And in case any Tumult, or Riot be hereafter attempted, or acted against the said Commissioners of Excise, their Sub-Commissioners, Collectors or Officers, or others in their aide, and assistance. It is hereby further Ordained and declared, that for the better aiding and assisting, the said Commissioners of Excise, their severall Sub-Commissioners, Officers, and others in their aide and assistance, in pursuance of the said Ordinances of Parliament for the levying of Excise; All Sheriffes, Deputie-Lieutenants, Justices of the Peace, Mayors, Bayliffs, Constables, Headboroughs, and all other his Majesties Officers in their severall Counties, Liberties, and Jurisdictions. All Colonells, Captaines, Officers and Souldiers, and all other his Majesties Subjects, be aiding and assisting from time to time upon notice to them given for the [Page 6] suppressing of all such Tumults, Riots; and unlawfull Assemblies, and in apprehending and bringing to condigne punishment, all such Rioters and Offenders according to Law. And in ayding and assisting the said Commissioners their Sub Commissioners and Officers, and others in their aide and assistance in execution of the said Ordinances for Excise. And all such as shall be so aiding and assisting, shall be defended and saved harmelesse and indempnified, by Authority of both Houses of Parliament.
Die Lunae 22 Febr. 1646. Additionall Instructions concerning the Excize.
I.
THat no Excize, or Arreares of any Excize, due for any goods Excizeable, consumed or spent, be henceforth Demanded, Leavied, or Collected by any Officer or Collector of Excize, due by any person before such time as the Ordinances of Excize have or shall begin to be put in Execution in the severall Counties or Cities, or any part of the said Counties.
II.
That no Excise, or any Arreares of Excise, be from henceforth Demanded, Leavied, or Collected, by any Officer or Collector of Excize, for any Excize that did grow due by any person, for any Goods within any County, City, Towne, or Place, during the time such County, City, Towne, or Place, were under the power of the Enemy.
III.
That the Excize of Ale and Beere be raysed [...]nd leavied upon the Subjects of this Kingdome, as [Page 8] is prescribed and directed by the severall Ordinances of Parliament, for the Assessing, Raising, and Collecting thereof, and not by way of Poll, or otherwise, unlesse it be where any person or persons have, or shall at their owne desire, and free consent, and for such time onely, as they shall so desire and consent unto, in writing, compound by the Poll or otherwise, for Beere and Ale brewed in their owne houses, and consumed by themselves and family within their own houses.
IV.
That upon complaint made upon Oath to any the Justices of Peace of any County of this Kingdome, or to any Mayor, Bayliffe, or chiefe Officer, in any City or Towne Corporate, of the Kingdome of England or Dominion of Wales, That the Sub-Commissioners of Excize, their Officers or Servants, or any of them, under colour or pretext of the trust in them reposed, and power given by the severall Ordinances of Parliament, have or shall oppresse and abuse the People, by exacting or compelling them to pay more or greater summes of Money, then is appointed by the severall Ordinances of Excize; or Fine and Imprison, contrary to the said Ordinances, or to have converted or imployed the Money by them collected, to their owne uses, or to any other use then is appointed by the said Ordinances, or otherwise abuse the said Trusts and Power given them; That the said Justices, Mayors, Bayliffs, and Chiefe Officers, have Authority, and are hereby required, to send for the Parties and Witnesses, and [Page 9] to examine the Witnesses upon Oath, giving notice to the Parties, of the time of examining the said Witnesses; and the Examinations so taken upon Oath, to send up in writing, sealed up, and subscribed by the hand of the Justice of Peace, or other chiefe Officer, before whom the said Examinations shall be taken from time to time, within twenty daies after the complaint made to both or either House of Parliament, or to the Committee of Lords and Commons for regulating the Excize, sitting at the Starre Chamber Westminster, who shall and will proceed to the consideration of the said Offences, and to the severe and due punishment of the said Offendors, as to Justice shall appertaine.
V.
That in case any Justice of Peace, Deputy Lievtenant, or any of the Committees within the severall Counties of this Kingdome shall refuse, or wilfully neglect to pay the Excise by them due and payable, and to conforme to the orders and directions in the severall Ordinances of Excise, or that shall affront, or publikely abuse the said Sub-commissioners of Excise, or their Officers within the said respective Counties, in the execution of their severall duties and places according to the Ordinances of Excise: That the Deputy Lievtenants, Justices of the Peace, Mayors, Bayliffes, or other chiefe Officers within the said Counties, Cities, and places, or any of them, upon notice and request to them made by the said Sub-commissioners, or any of them, doe examine the same upon Oath, and thereof within twenty dayes certifie [Page 10] in writing the said Houses of Parliament, or either of them, or the Committee of Lords and Commons for regulating the Excize, who will proceed thereupon against such persons as to justice shall appertaine according to their demerits.
VI.
That no person taking Almes or Collection, shall be compelled to pay Excize for any Ale or Beere, that is, or shall be brewed in their owne houses, and consumed by themselves and family within their owne houses.