The case of several patentees and their assignees, who are intituled to several annual sums, payable ouf the hereditary excise This text is an enriched version of the TCP digital transcription B08642 of text R173552 in the English Short Title Catalog (Wing C986B). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B08642 Wing C986B ESTC R173552 64551035 ocm 64551035 184422 2248535109

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 Early English books online. (EEBO-TCP ; phase 2, no. B08642) Transcribed from: (Early English Books Online ; image set 184422) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2863:29) The case of several patentees and their assignees, who are intituled to several annual sums, payable ouf the hereditary excise 1 sheet ([1] p.). s.n., [London : 1698] Caption title. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: Harvard Law School. Library. eng Charles -- II, -- King of England, 1630-1685. Finance, Public -- England -- Early works to 1800. Great Britain -- Politics and government -- 1689-1702 -- Sources. Broadsides -- England -- 17th century. eebo The case of several patentees and their assignees, who are intituled to several annual sums, payable out of the hereditary excise. [no entry] 1698 1 981 4 0 0 0 0 0 40.77 D The rate of 40.77 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2012-06 Assigned for keying and markup 2012-07 Keyed and coded from ProQuest page images 2012-10 Sampled and proofread 2012-10 Text and markup reviewed and edited 2013-02 Batch review (QC) and XML conversion
THE CASE Of several Patentees and their Assignees , who are Intituled to several Annual Sums , payable out of the Hereditary Excise .

HIS Majesty King Charles the Second , Note , That before the said Letters Patents were Granted , their several Accounts were exactly Stated with the greatest scrutiny , and allowed by Sir John Brule , then Chancellor of the Exchequer , and Auditor Aldworth , the proper Officers for that purpose ; and the said Patents were Printed , by order of the King and Council , for their Creditors Information . having borrowed about Thirteen hundred thousand Pounds of Sir Robert Vyner , several Goldsmiths and others , did for Satisfaction thereof , in April , 1677 , Grant and Assure by Patents under the Great Seal of England , to each of them , their Heirs and Assigns , and for the benefit of their Creditors , an Yearly Rent or Sum for ever , upon the Hereditary Revenue of Excise , equal in Value to the Interest of their Debts , after the rate of Six Pounds per Cent. per Annum , which amounts in the whole , to near Eighty Thousand Pounds per Ann. with a Clause of Redemption upon His Majesty's paying the Principal and Arrears . Which said Annual Payments , were by the said Letters Patents , to take place of all other Payments out of the said Revenue , except the necessary Sums for management of the said Revenue , and about 12000 l. per A●n . to the then Queen Consort , parcel of her Jointure , and 24000 l. per Ann. to the then Duke of York .

By Virtue whereof , the said Annual Sums were paid in the several Reigns of their late Majesties , King Charles the Second , and King James the Second , to Lady-day , 1683.

Since which , Suit Hil. 1. W. and M. 1689. Judgment Hil. 3. W. and M. 1691. Application has been frequensly made to the several proper Officers by the said Patents appointed for striking Tallies , and Payment thereof , who nevertheless have caused the same to be stopped , so that some of the Proprietors were enforced to Commence their Suits in the Courts of Enchequer , and after a full hearing on both sides , obtained Judgments thereupon .

But Writs of Error being brought against the said Judgments , Writs of Error , Easter Term , 4. W. and M. 1692. all the rest of the Judges of England were convened , who upon solemn Debates and Arguments delivered their Opinions in Court before the then Lord Keeper , now Lord Chancellor , That the said Judgments were good in Law , and ought to be affirmed , for that the said Letters Patents were duly granted by the said King Charles the Second , who had power to grant the same , and which were for good and valuable Considerations ; and that the said several Suits had been pursued in proper Methods for Remedy ; except the Lord Chief Justice Treby , who differed as to the manner of the Remedy only .

Notwithstanding which ,

Lords Keepers Opinions , Mich. 8. W. 3. 1696.

Seat . 31. Edw. 3. Cap. 12.

the then Lord Keeper was pleased to Reverse the said Judgments for Error , although the Statute ( which appoints the Lord Chancellor Judge of the Court of Errors ) directs , That if any Error be found , the Court should correct and amend the Rolls , and after send them into the Exchequer to make Execution as pertaineth . Note , Such Writs of Error against the King , could not be Sued forth until the Judgment should be Entered , nor without His Majesty's leave first obtained .

But notwithstanding all due Application to the proper Officers to enter the said Judgments , Judgment Entered , 15. Feb. 169● . the same could not be procured , but was delayed by the space of five Terms .

Soon after , Repert , D●t . 28 Feb. 169● . Writs of Error were prepared returnable in Parliament , and Petitions to his Majesty presented at the Secretary of State 's Office , praying leave to return the same , which Petition was referred to Mr. Attorney-General , who reported , That in regard the Question upon the said Proceedings was Matter of Law , upon which there had been variety of Opinions ; he was humbly of Opinion it might be reasonable for His Majesty to grant Writs of Error to the Petitioners , according to their humble Request , all which he humbly submitted to His Majesty's Royal Wisdom . But no further Answer can yet be had for obtaining the said Writs , by which means the Prosecutors are incapacitated to bring the Cause into the House of Peers .

This being the Case of several thousands of the Subjects of England of all Qualities and Conditions , and the Value so considerable ; and after so much Time and Money spent in Law , and Judgments in the Court of Exchequer given in their behalf , and so many of the Judges Opinion in their favour thereupon , and the Matter still depending , and intended to be brought into the House of Peers : 'T is hoped the Honourable House of Commons will so far preserve the Property of the Subjects of this Realm , ( as they have been accustomed ) that whereas there is a Bill brought into the House for applying the Hereditary Excise to the Payment of the Civil List , that their Legal Rights may not be prejudiced by the said Bill .