Crown Lands (Forfeited Estates) Act 1698

1. Introductory Text

2. Reasons for passing this Act.

3. II. All Grants, Demises, Custodiams, or Dispositions since the said 13th Feb. 1698, under the Great Seal of England or Ireland, &c. void.

4. III. But not to make such Grantees accountable for the Profits of such Lands, Tenements, &c. by them received by or before the said 2d Nov. 1699.

5. IV. Proviso for Persons having any Right or Interest in any of the said Estates, and for new Grants thereof.

6. V. Proviso for Estate which any Persons adjudged to be comprised within the Articles of Limerick or Galloway or their Heirs, &c. have or may claim to any Part of the forfeited Premises.

7. VI. Proviso for Personal Estate of Persons submitting to Their Majesties Authority.

8. VII. Trustees to take Oaths appointed by 1 W. & M. c. 8. § 12. and Oath herein mentioned.

9. VIII. Reasons for this Enactment.

10. IX. Proviso for Sales of Goods sold under His Majesty's Commission.

11. X. Proviso for Persons not convicted or attainted before the last Day of Trinity Term 1701.

12. XI. All Persons (Exception) claiming Rights in forfeited Estates before 13th Feb. 1688 are by 10th Aug. 1700, to enter their Claims thereunto; or in default thereof, such Right, Title, &c. to be void.

13. XII. Claims to be tendred to Trustees, signed by Party: Claimant to express his Demands, and how grounded; and the Circumstances of Incumbrances;

14. XIII. Claimants to answer Claims and produce Writings, &c. upon Oath.

15. XIV. Persons knowingly making false Claims, Penalty.

16. XV. Trustees taken to be a Court of Record; their Judgement to be recorded in Books of Parchment, and be final, notwithstanding Disability in Claimants.

17. XVI. Claims allowed to be certified by Trustees, if required, under their Hands and Seals; such Certificate, or a Copy of Decree, allowed as Evidence; and all Rights, Interests, or Incumbrances so allowed, never after to be called in question.

18. XVII. Conveyances of Lands in Ireland, since 29th May 1686, by Persons since convicted or attainted, being Private Trusts, (Exception) declared fraudulent; so voluntary Assurances since 29th May 1686; and no Claim allowed thereupon.

19. XVIII. Incumbrances satisfied by, or assigned to other Persons, allowed for so much as was really paid thereupon. Debtors to such convicted or attainted Persons; who have before 10th March 1699 satisfied such Debts to any Grantees from the Crown, of such forfeited Estates; discharged for what was really paid.

20. XIX. Trustees, upon Certificate of Payment of such Monies into the Exchequer, to discharge Parties so paying the same, in Manner herein mentioned.

21. XX. Trustees to secure the Personal Goods and Chattels so vested in them, and make an Inventory thereof; and by whom forfeited; and (being appraised upon Oath) to sell the same by Auction.

22. XXI. Trustees to give a Note to Buyer of Things bought. Money arising by Sales, paid by Buyer into Exchequer in Ireland; and thereupon Trustees to order Delivery of Things bought; If Money not paid within Time appointed; enalty.

23. XXII. After Time expired for entering; Claims, Trustees, before 25th March...

24. XXIII. Purchase good, notwithstanding any Statute of Mortmain.

25. XXIV. Purchasers having inrolled Conveyances, actually seised of Premises.

26. XXV. Proviso for Grants of Quit-Rents, and for Grants for Abatements of Quit-Rents.

27. XXVI. How such forfeited Estates, subject to Debts or Incumbrances, or...

28. XXVII. Persons possessed of Lands, &c. hereby vested in Trustees, shall...

29. XXVIII. Fines, &c. vested in Trustees, sued for in Name of Attorney General; Application thereof.

30. XXIX. No Protection, &c; to hinder any Prosecution, &c. in pursuance of this Act.

31. XXX. Trustees not accountable to His Majesty for Rents, &c. of the said Estates.

32. XXXI. Purchasers of forfeited Estates from Grantees, since 13th Feb. 1688, discharged of Purchase Money remaining unpaid.

33. XXXII. Trustees to allow amongst such Purchasers, since 13th Feb. 1688, as shall prove Payment of Money before 10th Aug. 1700, £21,000, in proportion to their Payments

34. XXXIII. Trustees to give a Certificate of Proportions; to be a...

35. XXXIV. Persons having received such Purchase Money, liable to repay Surplus, after Allowance to Purchasers.

36. XXXV. Persons having entered upon forfeited Estates, without Grant, are to answer Profits, during Occupation, into the Exchequer, by 1st Aug. 1700, Penalty.

37. XXXVI. But discovering same, discharged of Profits before 2d Nov. 1699.

38. XXXVII. Committing Waste on the said forfeited Estates since 10th May...

39. XXXVIII. The said forfeited Estates not charged with Arrears of Rent...

40. XXXIX. Upon Decease of Trustees, the Survivors (or major Part, being...

41. XL. Recital of Stat. 10 W. III. c. 9. ante; and that Money, with Interest, remained due by Tallies, &c. upon Aid of 3s. in the Pound, and upon Duties of 8. W. III. c. 7., and upon certain Exchequer Bills, and by Tallies granted by 9 W. III. c. 38.

42. XLI. Appropriation of the Monies arising by this Act in Ireland (Exception).

43. XLII. Allowance to Commissioners for enquiring into the said forfeited Estates, and to their Secretary, out of the first Monies arising by this Act.

44. XLIII. Allowance to Trustees, from 25th March 1700, payable Quarterly, during their Execution of this Act.

45. XLIV. The Trustees may make so many of their Contracts for...

46. XLV. Salaries Tax free.

47. XLVI. In what Case Officers or others having taken Grants of forfeited. Estates in lieu of Arrears, &c.entitled to such Arrears, &c.

48. XLVII. Trustees, as soon as may be after 25th March 1701, to convey the Church Livings forfeited to such Trustees as Bishop of Diocese shall nominate, for employing the Profits thereof for 20 Years, from 2d-Nov. 1699, in rebuilding or repairing Parish Churches; and afterwards in Augmentation of Small Livings.

49. XLVIII. Provise for a Grant of £1,500 Sterling, by the Crown for Repair of Churches in Limerick; and for Grant of the Earl of Romney, of Ground in Cork, on which a New Church is erected.

50. XLIX. And for the King's Grant to Colonel Richard Gorges, for Lands claimed under the Acts of Settlement.

51. L. Not to vest in the Trustees any Lands of Charles...

52. LI. Proviso for Edward Gobegan of Castle Town in West Meath, for the Reversal of his Outlawry, and enjoying his Estate.

53. LII. Clause for selling the forfeited Estate of William late Earl...

54. LIII. Proviso for a Grant for Benefit of Wife and Children of Lord Kenmare, and the Wife and Children of Dudly Bagnal.

55. LIV. Proviso for Ann the Wife of Christopher late Lord Slane; in respect of her Equity to a Jointure and her separate Maintenance.

56. LV. Proviso for Grants made to Sir Tho. Prendergast Baronet, and...

57. LVI. Proviso for the Grants made to Dr. John Lisle, John...

58. LVII. Proviso for Grant, &c. to Sir Christopher Wandesford Baronet, from the Natives of Idough, called Brenans

59. LVIII. Proviso for Grant for Children of Sir Charles Porter.

60. LIX. Debts owing on or since 13th Feb. 1688, to Persons convicted or attainted, payable by James Duke of Ormond, remitted.

61. LX. LX. Proviso for Portions, &c. of Daughters of the late Lord Kenmare.

62. LXI. LXI. Proviso for £6,000 among the Daughters of Calaghan Earl of Clancarty, for Maintenance, &c.

63. LXII. LXII. Proviso for Dorothy Baroness Dowager of Upper Ossory, in respect of Grant of Lands for Life, of £80 perAnnum.

64. LXIII. Grant of £989,965 19s. 6½d. for the Navy, Guards, Garrisons,...

65. LXIV. Personal Estates (except desperate Debts, Stock on Land, Household Goods, and Debts due from His Majesty) to pay 2s. in the Pound.

66. LXV. Manors, Lands, Quarries, Mines, Parks, Fishings, &c. Annuities, Rent Charges, &c. as well within ancient Demesne as without, to be charged with a Pound Rate; to be charged with as much Equality as possible; to be paid into the Exchequer by Four Quarterly Payments. The First Payment to be made on 15th May 1700.

67. LXVI. Recital that many Manors, &c. are liable to Incumbrances.

68. LXVII. Commissioners under 10 W. III. c. 9. to be Commissioners under this Act.

69. LXVIII. The said Commissioners to meet on or before 3d May 1700, to put this Act in Execution.

70. LXIX. Commissioners, at such Meeting, to set down in Writing what Number shall act in each Division.

71. LXX. Collectors to demand, &c. Rates at last Place of Abode.

72. LXXI. Money received by Collectors paid to Receiver General or his Deputy.

73. LXXII. Times appointed for the Four Quarterly Payments.

74. LXXIII. Receiver General to give Commissioners a Receipt for Monies received by them.

75. LXXIV. Allowance to Collectors.

76. LXXV. Persons charged, neglecting, &c. to pay, Distress issued, and Proceedings thereon.

77. LXXVI. Tenant paying acquitted for such Payments.

78. LXXVII. Persons not executing Act, Commissioners may fine.

79. LXXVIII. Fine not to exceed £20; As to taking the same off; Fines paid to Receiver General, and by them into Exchequer.

80. LXXIX. Collector neglecting to pay or detaining Monies,

81. LXXX. At Expiration of Times for Quarterly Payments, Commissioners are to call Collectors before them, &c. and in case of Failure to cause the same to be levied.

82. LXXXI. On Questions respecting Assessments in which Commissioners concerned, they are to withdraw,

83. LXXXII. Privileged Places, Persons, &c. not exempt.

84. LXXXIII. Proviso for Colleges in the Two Universities, Colleges of Windsor, Eton, Winchester, and Westminster, and for Hospitals in respect of Sites of Colleges, &c.

85. LXXXIV. Lands, &c. held by Lease, from Hospitals, &c. to be rated at their yearly Value.

86. LXXXV. Tenants of said Hospitals, Colleges, &c. not exempt from Taxation.

87. LXXXVI. Auditors, &c. to make a certain Allowance to Parties paying Rents due to the Crown, &c.

88. LXXXVII. Officers of the Exchequer to deliver Lists of Pensions, Salaries, &c. to the Assessors gratis. and may stop the Tax, if unpaid, out of the same.

89. LXXXVIII. Persons having a House in one Parish, &c. and Goods in another, charged where they dwell.

90. LXXXIX. No Clause in this Act to extend to lessen the Rate.

91. XC. Proviso for Contracts between Landlord and Tenant as to Payment of Taxes.

92. XCI. Places assessed in such County, &c. as heretofore.

93. XCII. Proviso for the Hundred of West Barnfield, Kent, Tything of Northmore in Oxon, &c.

94. XCIII. In Actions brought touching Execution of this Act,

95. XCIV. Where Lands, &c. unoccupied, and no Distress found,

96. XCV. Where Woodland assessed and no Distress had, Collectors, &c. may cut and sell Wood growing; except Timber Trees.

97. XCVI. Proceedings where Assessment charged on Tithes and other Property not distrainable.

98. XCVII. Receiver General certifying Arrears to be due where the Monies have been received.

99. XCVIII. Commissioners, within their Division, to rate each other for their Personal Estates and Offices.

100. XCIX. Inhabitants in Cities, &c. not compellable to be Assessors, &c. out of Limits.

101. C. Landlords to pay on Houses where Foreign Ministers reside.

102. CI. Proviso respecting Nomination of Assessors and Collectors in Extraparochial and Privileged Places.

103. CII. Commissioners not liable to Penalties of 25 Car. II. c. 2.

104. CIII. Commissioners to take the Oaths of 1 W. & M. c. 8. § 12. which Commissioners may administer.

105. CIV. Acting without taking the Oath, Penalty £200.

106. CV. Officers rated where Office exercised.

107. CVI. Chancery Officers within the Liberty of the Rolls, to be there assessed.

108. CVII. Persons having Goods, &c. in any County (other than wherein they live) rated where Goods are.

109. CVIII. Persons having several Mansions, and being doubly charged, Certificate by Commissioners, without Fee; and on Oath of Certificate, discharged.

110. CIX. Proviso for Scotland, Ireland, Jersey or Guernsey.

111. CX. Householders to give Account of Lodgers to Assessors.

112. CXI. Shares in the New River, &c.

113. CXII. Papist of 16 Years of Age and upwards (not having taken the Oaths) to pay double.

114. CXIII. Proviso where within Ten Days after Meeting of, Commissioners he shall take the Oaths.

115. CXIV. Persons of 16 and upwards, who shall not have taken the Oaths before Execution of Act, being summoned, and refusing to take them, or neglecting to appear before Commissioners, to pay double.

116. CXV. Gentlemen who by 3 W. & M. c.6. paid double, or have been returned into Exchequer for Non-payment, not appearing before the Commissioners to take the Oaths, to pay double.

117. CXVI. Commissioners to summon Persons suspected, to appear and take the Oaths.

118. CXVII. Proviso for Quakers subscribing the Declaration of Fidelity, 1 W. & M. c.18. § 12.

119. CXVIII. Assessors not making double Assessment on Papists, &c. not taking, Oaths, the Commissioners to assess.

120. CXIX. Where Owners of Lands, &c. liable to be doubly charged for not taking Oaths, Owners only charged.

121. CXX. Proviso respecting King's Bench Prison, &c. and the Marshalsea; to be charged in the Parish of St. George, Southwark.

122. CXXI. Waterworks in Southwark charged in Surrey.

123. CXXII. Waterworks in Westminster charged in Westminster.

124. CXXIII. No Person liable whose Lands are under the yearly Value of 20s.

125. CXXIV. Collectors keeping Monies collected in Hand, or paying other than to Receiver General or his Deputy,

126. CXXV. Treasurer not to direct Warrant for Payment of Monies otherwise than into Exchequer, or to the Officers of Exchequer for striking Tally of Pro, &c. nor Officers of Exchequer to strike any such Tally, &c.

127. CXXVI. No Noli Prosequi or other Stay of Prosecution an any Suit against Offenders.

128. CXXVII. Commissioners empowered to abate, on Proof that Lands are charged above 2s. in the Pound; and the Money so abated to be reassessed, as they shall judge most equal.

129. CXXVIII. Receivers General answerable for Deputies; and so to appoint them, that no Subcollector be forced to travel above Ten Miles for Payment of his Money.

130. CXXIX. When not Commissioners enough for any City, &c. Commissioners for County may act.

131. CXXX. Recital that Members of, Parliament have been taxed for their Personal Estates in London and at their several Counties.

132. CXXXI. Places for First General Meetings of Commissioners for the several Ridings of the County of York.

133. CXXXII. Register to be kept in the Exchequer of Monies paid into Exchequer.

134. CXXXIII. Proviso for Queen Dowager, and Prince George and Princess Anne of Denmark.

135. CXXXIV. No Person to act as a Commissioner, unless he was charged to the last Year's Land Tax for £50 Per Ann. or at the Time of executing this Act shall be taxable for that Value.

136. CXXXV. Commissioners may act in any City, &c. where they dwell, and in the Inns of Court or Chancery.

137. CXXXVI. Persons disabled, and yet acting as Commissioners, forfeit £50.

138. CXXXVII. Repayment of Monies how secured.

139. CXXXVIII. Persons may lend Money to His Majesty on this Act at £5 per Cent. per Ann,

140. CXXXIX. Proviso where several Tallies bear Date the, same Day.

141. CXL. Paying subsequent Orders, if first demanded, no undue Preference, if sufficient reserved to satify preceding Orders.

142. CXLI. Orders for Payment of Money lent may be assigned by Indorsement.

143. CXLII. Recital of 9 W. III. c. 23. § 11.

144. CXLIII. The Monies arising on the said Pound Rate, and the Loans thereupon, and the transferred Loans; and Overplus of Tonnage and Poundage, &c. granted for Five Years, ending 25th Dec. 1699, and Arrears; and Year's Overplus of Branches for Civil List, ending 25th Dec. 1700; and Duties on Wrought Silks, &c. imported by 30th Sept. 1701; and on Muslins, granted this Session; and Monies arising by Purchase of Annuities, by Act of this Session; and the Plantation Duties for One Year, from the last of March 1700; and Year's Produce upon Duty of 5s. per Ton on French Ships, from 25th Dec. 1699; and Year's Produce of additional Duties on French Goods, from March 1700; and Year's Produce of the Duty of 1s. 10d. per Pound Weight on Wrought Silks imported, from 25th Dec. 1699; and £27,000, Part of Monies advanced by Farmers of Excise, appropriated; For Sea Services, Ordnance for Land Service; Circulating Exchequer Bills; Half Pay to disbanded Officers; Subsistence, &c. of Guards and Garrisons; and Arrears due to Guards and Garrisons, except Clothing; Tallies, with £6 per Cent. Interest.

145. CXLIV. Rules of 1 W. & M. Sess. 2. c. 1., revived.

146. CXLV. Commissioners for putting this Act into Execution to be Commissioners for Act on Marriages, Births, &c.

147. CXLVI. His Majesty may contract for or farm the Duties of Excise, and upon Salt, from 24th June 1700, for Three Years, under such Conditions as His Majesty shall think reasonable;

148. CXLVII. Farmers to pay Rents contracted for, to Commissioners of Excise, to be by them Weekly apportioned as appropriated.

149. CXLVIII. If any of the Duties so to be farmed, determine during the Farm, a reasonable Abatement to be made to the Farmers.

150. CXLIX. No Member of Parliament, after 24th June 1700, to be a Commissioner or Farmer of Excise, or Commissioner of Appeals, &c.

151. CL. Persons offending incapable of sitting in the House of Commons.

152. CLI. Proviso for present Members of Parliament, till after 24th June 1700.

153. CLII. Recital of 10 W. III. c. 9.

154. CLIII. The Pay to the Commission Officers of the Guards and Garrisons, and to the Gunners, to be stated as herein mentioned.

155. CLIV. Tenants to His Majesty returned into the Exchequer for Rent actually paid, shall be discharged on producing their Receipts.

156. CLV. Stat. 10 W. III. c.9.