PROCLAMATION Anent the Excise after the first of March next, 1699.
Forasmuch as, the Annexed-Excise, as Converted by the Twenty Eight Act of the first Session of this current Parliament, from Two Merks upon the Boll of Malt, to an Excise of Three Pennies upon the Pint of all Ale and Beer Browen to be Vended and Sold with the Excises of other Liquors mentioned in the said Act, are now Set in Tack by the Lords of Our Thesaury and Exchequer, to William Menȝies late Baillie of Edinburgh, and Alexander Wood Merchant there, for the space of Five years, to commence from the first of March next to come inclusive: And that the Lords of Our Privy Council are Authorized and Impowered to prescribe such Methods and Orders, besides these mentioned in the Acts of Parliament; as they shall judge necessary, for the better Uplifting and Inbringing of the saids Excises: Therefore, and for Determining all Differences that may arise betwixt the Brewers and the Tacksmen of the saids Excises, and their Sub-Tacksmen or Collectors, during the Space and Years of the foresaid Tack. And for the due and timeous making of Entries of all Liquors Browen or Imported Lyable to the said Excise: We, with Advice of the Lords of Our Privy Council, Do, Require and Command the Commissioners of Supply of the several Shires within this Kingdom, Qualified according to Law, and residing within the Shire; And who by the said Act of Parliament are Appointed Commissioners of the saids Excise, to Meet at the Head-Burghs of the respective Shires, upon the first Tuesday of April next to come, and at their said Meeting, to Divide themselves as is prescribed by the said Act, and to Settle, and Appoint Places at convenient Distances, where the publick Excise-Offices may be best keeped, for the Brewers and Retailers to Enter, and give up the Quantities of Liquors Browen and Retailed by them, lyable in Payment of the said Excises, and Appoints the saids Commissioners, immediately after Designing Places for the saids Offices, to cause make publick Intimation at all the Church Doors within the respective Shires of the particular Places designed by them for the several Excise-Offices, with Certification to the saids Commissioners or any of them residing within the saids respective Shires, who shall Failȝie to meet the said first Tuesday of April next to come, and to Appoint and Design the particular Places for Excise-Offices in manner above-exprest, their Names shall be returned by their Clerks to the Lords of Our Privy Council, to the effect they may take such Course therewith as they shall see Cause: And We, with Advice foresaid, Require and Command the saids Commissioners to Meet the first Tuesday of every Month thereafter, during the Continuance of the foresaid Tack, for the Ends prescribed, and set down in the Acts of Parliament: And We, with Advice foresaid, Require and Command the whole Brewers and Retailers within the Bounds alloted for the saids Excise-Offices, to Attend the Commissioners thereat, upon the said first Tuesday of April next, without any farder Charge, Citation or Intimation to them for that effect, but allanerly upon the Publication hereof; And there to Give in, and Make, and the saids Commissioners to Receive from them an true Accompt of their Names, place of Residence, and the Time when they did begin to Brew, what ever the Quantitie may be: And likeways, full and faithfull Entries of all Liquors Browen or Retailled by them, lyable in Payment of the saids Excises after the first Day of March next to come inclusive, Declaring hereby, and Certifying such Brewers and Retailers as shall not Compear and Attend the saids Commissioners the first Tuesday of every Month, for Giving up their Names, Places of Abode, and Time when they did begin to Brew; And for making Entery of the precise Quantities of all Liquors Browen and Retailed by them, lyable to Excise for the preceeding Month, they shall be holdenas Confest, and Decreets given against them for the Quantities contained in the Claims and Complaints to be given in by the Tacksm [...]n, or their Sub-Tacksmen or Collectors against them, providing nevertheless, that if the saids Brewers or Retailers holden as Confest, as said is, shall at any time within Three Months thereafter. Compear before any Two of the saids Commissioners, afterhaving made due Intimation to the Tacksmen, or their foresaids, and there make Faith as above, and report a Certificat under the hands of the saids Commissioners, They shall be Reponed against the said Certification, upon punctual Payment of what they shall be found due. And We, with Advice foresaid, Appoint and Ordain, that no Brewer or Retailer within Burgh of Royalty, Regality or Barrony, Vend or Sell any part of their Browst, until first, they make Entery thereof at the Excise-Office there, (if any be) and obtain a Sufferance for the Quantities Browen, or upon their hand, which the Keeper of the Excise-Office is to give without delay Gratis; And that in case of none-entry, or wrongous Entry, the Brewer or Retailer within Burgh, be lyable in the Sum of Ten Pounds Scots, toties quoties, and to all Execution competent for payment thereof. And it is hereby declared, that the saids Entries or Claims in Absence, may nevertheless be disproven before any Magistrat, Justice of Peace, or Commissioner of Excise, by Witnesses or Oath of Party, notwithstanding of any Survey made by the Surveyers and Walters, Poviding, the same be done within [...]ight days thereafter; and that all Brewers Barrels be for hereafter marked with their own name, and the Seal of the next Office, which shall be furnished to them gratis. As also that no Person who hath foreborn to Brew for the space mentioned in the Act one Thousand six Hundred & ninety three, shall begin, unless they first get Licence from the Tacksmen foresaid, and that no Person presume to Reset any Ale or drinking Beer in their Houses, in order to the imbazling the Excise thereof, under the Pain of ten pounds toties quoties, to the forsaids Tacksmen their Sub-tacksmen or Collectors; And farder, that all Tapsters, and Venders of Ale and drinking Beer, shall from the said first day of March next inclusive, before they Tap or Vend the same first make Entry of what they have upon their hand, at the next Excise Office of the bounds now in being, and at the same time take a Licence there: And in regard the Excise of strong Waters, Aquavity and Forraign Beer and Ale, is ordered by Act of Parliament to be payed by the Retailers; Therefore We with advice forsaid, Require and Command all Brewers of Aquavity or strong Waters, to make Monethly Entries of the quantities of strong Liquors Browen by them, and give in subscribed Lists to the next Excise Office, of the names of the Persons to whom they Sell their Aquavity or strong Waters, to be again sold by Retail; As likewise that all Retailers of Brandy, forraign Aquavity and strong Waters, make the like Entries of what quantities of Brandy, Forraign Aquavity and strong Waters they have upon their hand unretailed the said first day of March, to the effect that they may be lyable for the Excise thereof, at six shilling per Pint: As also that the Collectors, Clerks, or Surveyers at Sea-ports, give up a particular account to the saids Tacksmen or their Sub-tacksmen and Collectors of the said Excise, of the quantities of Forraign strong Waters, Brandy and Forraign Beer and Ale, imported from time to time, and who is the Importer, that the said Importer may pay the Excise of Brandy conform to the [...] Act of the [...] Session of this current Parliament: As also that the said Merchant importer, and all other Persons importing the said Forraign Aquavity and strong Waters, who pretend to Sell the foresaid Liquors in haill Sale, that is to say above a Pint, as the Act of Parliament hath determined, be lyable and oblidged to give and deliver subscribed Lists to the saids Tacksmen, and their Sub-tacksmen or their Collectors, of the Persons names to whom they Sell the said strong Waters, or Forraign Beer or Ale, and of the quantities Sold to them, to the effect the Retailer may be lyable for the Excise thereof, and in case the saids Commissioners or at least two of them shall fail to meet, and attend the saids respective Excise Offices upon the said first Tuesday of April next to come, or upon the first Tuesday of any subsequent Moneth during the continuance of the said Tack, the whole division, and each of them residing within the said Shire under the Certification foresaid, and after Instruments taken against them of their Failȝie; We with advice foresaid Require and Command the Sheriffs and their Deputs, or such as the saids Sheriffs or Deputs shall substitute to each particular Dyet for that effect allanarly, to repair to the saids respective Offices within three days after they shall be desired by the Tacksmen, or their Sub-tacksmen, or Collectors of the saids Excises, there Summarly to Judge upon what occurs within the Bounds of that Office, in reference to the saids Excises, certifying the saids Sheriffs and their Deputs or Substituts, if they failȝie: they shall be punished as the Lords of Our Privy Council shall think fit. And farder, We with advice foresaid, Prohibit and Discharge any of the Commissioners of Supply, or other inferior Judge or Officers of the Law within this Our Realm, to stop or hinder either Quartering, Poynding, Imprisoning, or any other lawful Execution that shall be used by Our Tacksmen, or their Sub [...]tacks [...] and Collectors of the saids Excites, against the respective Brewers and Retailers, conform to the Entries that shall be made by them, or according to the quantity of the Liquor Retailed by them, or whereupon they shall be holden as Confest in manner, and before the Judges above mentioned, except they crave to be Reponed within three Moneths in manner above provided, under the Pain of being not only lyable for the Charges and Damnages Our saids Tacksmen, their Sub-tacksmen and Collectors shall sustain and incurr there through, but also to such further Pains, as the Lords of Our Privy Council shall think fit: And lastly, it is hereby declared, that all the Penalties toties quoties above mentioned, are not to be understood for every Delinquency or Fault, but allanarly for every Conviction, and the Transgressions to be therein found. OUR WILL IS HEREFORE, and We Charge you strictly and Command, that incontinent these Our Letters seen, ye pass to the Mercat-Cross of Edinburgh, and remanent Mercat-crosses of the whole head Burghs of the several Shires and Stewartries within this Kingdom, and there in Our name and Authority by open Proclamation, make Intimation hereof, that none pretend Ignorance, and Ordains Printed Copies hereof to be sent to the Sheriffs of the several Shires and Stewarts of the Stewartries within this Kingdom, whom, and heir Clerks, We Ordain to see the samen Published, and Copies hereof Affixed at the said Mercat-crosses; and appoints them to send Doubles thereof to all the Ministers, both [...]n Churches and Meeting-Houses within their respective Jurisdictions, that upon the Lords day immediatly preceeding the said first Tuesday of April next, the same may be Re [...]d and Intimat in every Paroch Church and Meeting-house, and Copies of the same Affixed upon the most Publick Doors thereof; and Ordains these Presents to be Printed,
GOD Save the King.
Edinburgh, Printed by the Heirs and Successors of Andrew Anderson, Printer to the Kings Most Excellent Majesty, Anno DOM. 1699.