House of Commons Journal Volume 11: 5 April 1694

Jovis, 5 die Aprilis;

6° Gulielmi et Mariæ.

Prayers.

Execution of Justice in Wales.

ORDERED, That the Committee, to whom the Bill for the better Execution of Justice in Wales is committed, have Power to send for Persons, Papers, and Records, in order only to consider the Fees to them referred: And that they do report their Opinion therein.

A Message from the Lords, by Sir John Franklyn and Sir Robert Legard:

Mr. Speaker.

Leckby Manor.

The Lords have agreed to the Amendments made by this House to the Bill, intituled, An Act for vesting the Third Part of the Manor of Leckby, alias Letby, and other Lands, in the County of York, in Trustees, to be sold; and for settling a Farm, and other Lands, in Tarling and Much-Leighs, in the County of Essex, of greater Value, to and upon the same Uses: And also,

Brent's Estate.

To the Amendments made by this House to the Bill intituled, An Act to enable Trustees to sell Part of the Estate of Nathaniel Brent Gentleman, deceased, to raise Money for Payment of his Debts, and Maintenance of his Children, who are Insants: And also,

Recovery Small Tythes.

The Lords have agreed to the Bill, intituled, An Act for the more speedy Recovery of small Tythes, with several Amendments and Provisoes: To which Amendments and Provisoes they desire the Concurrence of this House: And also,

Importing Saltpetre.

They have agreed to the Bill, intituled, An Act for the Importation of Saltpetre, for One year, without any Amendments: And also,

Lords desire a Conference.

The Lords desire a Conference with this House, in the Painted Chamber, at One a Clock this Afternoon, upon the Subject-matter of the Amendments made by this House to the Bill, intituled, An Act for Payment of the Debts of John Lord Stawell, lately deceased.

And then the Messengers withdrew.

Conference agreed to.

Resolved, That the House doth agree to a Conference with the Lords, as their Lordships do desire.

And the Messengers were called in again; and Mr. Speaker acquainted them therewith.

Privilege.

A Complaint being made to this House, That James Freeman, Tho. Pittman, Thomas Dew, William Pudsey Esquire, John Weaver, Robert Giffee, and Samuel House, had, in a forcible Manner entered upon the Possession of Sir Hen. Johnson, a Member of this House, in Breach of the Privilege of this House;

Ordered, That the said James Freeman, Thomas Pitman, Thomas Dew, William Pudsey, John Weaver, Robert Giffee, and Samuel House, be summoned to attend this House upon Tuesday Morning next, to answer the said Breach of Privilege.

Supply Bill; Hackney Coach Duty.

Mr. Solicitor-General, according to Order, presented to the House a Bill for the Licensing of Hackney and Stage Coaches: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Hackney Coach Regulation.

A Petition of the Corn-Chandlers, Coach-makers, and Smiths, was presented to the House, and read; setting forth, That the Petitioners, in Hopes that this House would regulate the Number of the Hackney Coachmen, driving in and about London, have trusted them in their several Ways of Trading: That, they believe, their Number is not now above 800; and if the House should settle them at that Number, which is too many, and impose a Fine upon them, the Petitioners believe the Coachmen will be utterly unable to subsist, and consequently much less able to pay the Petitioners their just Debts: And praying the Consideration of the House in the Premises.

Ordered, That the said Petition do lie upon the Table.

Conference with Lords.

Ordered, That Mr. Solicitor-General, Mr. Secretary Trenchard, Mr. Boyle, Sir Robert Rich, Mr. Dolben, Mr. Brewer, Mr. Palmes, Sir Rich. Temple, Sir John Lowther, Sir Tho. Littleton, Sir Tho. Clarges, Mr. Mountague, Sir Edward Seymour, Mr. Harcourt, Mr. Herbert, Mr. Smith, Lord Coningsby, Mr. Wharton, Sir Chr. Musgrave, Mr. Comptroller, do manage the Conference to be this Day had with the Lords.

And the Managers went to the Conference.

And, being returned;

Mr. Wharton reported, That they had attended the Conference; And that the Duke of Somerset managed the same; who acquainted them, That the Lords had agreed to all the Amendments made by this House to the Bill, intituled, An Act for Payment of the Debts of John Lord Stawell, lately deceased, except Clause B; to which they disagreed, because it would create a Title in Francis Lee to the Annuity mentioned in the said Clause, which their Lordships conceive he has not without it; his own Counsel having not been able to make out any Title for him before their Lordships: And there being a general Saving in the Bill, entirely comprehensive of all Mens Claims and Demands whatsoever, both to the real and personal Estate, whereof this Francis Lee must necessarily have his full Benefit, their Lordships conceive that Clause wholly needless only to preserve his Right, if he hath any; and that it is not reasonable to enact a new one for him in this Bill, which this Clause would do, and would be a greater Security for this one particular Case, than is provided for any others concerned in this Bill, which would not be equal.

And he delivered the Bill in at the Table: Where the said Clause being read;

And the Question being put, To insist upon the said Clause;

It passed in the Negative.

Ordered, That Mr. Wharton do carry the Bill to the Lords, and acquaint their Lordships, That this House doth not insist upon the said Clause.

Supply Bill; Poll Tax.

An ingrossed Bill for granting to their Majesties a Quarterly Poll, for One Year, was read the Third time.

An Amendment was proposed to be made Pr. last but one, L. 14, after "Place," to insert "within London and Westminster, or Five Miles thereof:"

And the same was, upon the Question put thereupon, agreed unto by the House; and the Bill amended at the Table accordingly.

An ingrossed Proviso was offered, as a Rider to the Bill, That no Person worth above 600l. shall be obliged to take the Oaths, unless he be summoned by Two of the Commissioners.

And the same was thrice read.

And the Question being put, That the said Proviso be made Part of the Bill.

The House divided.

The Yeas go forth.

So it passed in the Negative.

Another ingrossed Clause was offered, as a Rider, That any Person paying the quarterly Payments at One intire Payment, shall be allowed by the Collector for the prompt Payment; with a Blank for the Rate:

And the Clause was twice read.

And the Question being put, That the Blank be filled up with 2s. in the Pound;

The House divided.

The Yeas go forth.

So it passed in the Negative.

. . . . . .

Another ingrossed Proviso was offered, as a Rider, That no Day-Labourer in Husbandry shall be taxed who pays Rent; with a Blank for the yearly Value, and another Blank as to the Value of his Estate:

And the same was once read.

And the Question being put, That the said Proviso be read a Second time

The House divided.

The Yeas go forth.

So it passed in the Negative.

Another ingrossed Clause was offered, as a Rider, for explaining a Doubt, which may arise upon the Act for granting to their Majesties certain Rates and Duties upon Salt, and other things, relating to the Contributors; viz. That for every Sum of Ten Pounds adventured, the Contributor shall receive 20s. per Annum for every Lot that proves not a fortunate Lot:

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

And a Debate arising upon the said Bill;

Ordered, That the said Debate be adjourned till Saturday Morning next.

Cavendish's Estate.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act for increasing the present Maintenance of the Honourable Henry Cavendish; and for providing a Jointure for such Woman as he shall marry during the Life of his Father, the Earl of Devonshire; be read the Third time upon Monday Morning next, after Eleven a Clock.

Commissioners of Accounts.

Ordered, That the Bill for taking and stating the publick Accounts be read the Second time upon Saturday Morning next.

Ways and Means.

Sir Thomas Littleton, according to Order, reported from the Committee of the whole House, to whom it was referred to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for Maintenance of the Fleet, and Land-Forces, for the Service of the Year 1694, the Resolutions of the said Committee; the which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

1. Resolved, That it is the Opinion of this Committee, That, towards the Supplies to be granted to their Majesties, for Maintenance of the Fleet, and Land-Forces, for the Service of the Year 1694, a Duty be laid upon Paper and Parchment.

2. Resolved, That it is the Opinion of this Committee, That a Duty of Two-pence per Pound be laid upon all japanned and painted Paper.

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3. Resolved, That it is the Opinion of this Committee, That a Duty of Two Pounds be laid upon every Skin or Piece of Vellum, or Parchment, on which any Grants, Letters Patents, and Exemplifications of any Honour, Dignity, Promotion, or Profit, shall be ingrossed or written.

4. Resolved, That it is the Opinion of this Committee, That a Duty of 2l. be laid upon every Skin or Piece of Vellum, or Parchment, or Paper, on which any Pardon, Reprieve, or Relaxation from pecuniary Fines, or corporal Punishments, shall be ingrossed or written.

5. Resolved, That it is the Opinion of this Committee, That a Duty of 40s. be paid for every Skin of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Grant for any Sum of Money exceeding 100l. which shall pass the Great Seal, or Privy-Seal not directed to the Great Seal.

6. Resolved, That it is the Opinion of this Committee, That a Duty of 40s. be paid for every Skin of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Grant of any Office or Employment above the Value of 50l. per Ann.

7. Resolved, That it is the Opinion of this Committee, That a Duty of 40s. be paid for every Skin of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Presentation, or Donation, of or to any Benefice, Dignity, or Ecclesiastical Promotion, above the Value of Ten Pounds in the King's Books.

8. Resolved, That it is the Opinion of this Committee, That a Duty of 40s. be paid for every Skin of Vellum, or Parchment, or Sheet of Paper, on which is ingrossed or written any Register, Entry, Testimonial, or Certificates, of any Degree taken in the Universities, or Inns of Court.

9. Resolved, That it is the Opinion of this Committee, That a Duty of 40s. be paid for every Skin of Vellum, or Parchment, or Sheet of Paper, on which is ingrossed, or written any Dispensation to hold Two Ecclesiastical Benefices, or any other Dispensation, or Faculty, from the Archbishop, or Master of the Faculties.

10. Resolved, That it is the Opinion of this Committee, That a Duty of 40s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, on which is ingrossed or written any Admittance of any Fellow of the College of Physicians, Attornies, Clerks, Advocates, Proctors, Notaries, or other Officers, in any Court.

11. Resolved, That it is the Opinion of this Committee, That a Duty of 40s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Appeal to the Delegates, from the Admiralty, Arches, Prerogative-Courts of Canterbury, or Yorke.

12. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper upon which is ingrossed or written any Conveyance, Surrender of Grants or Offices, Release, or other Deed whatsoever, which shall be inrolled of Record.

13. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for the Vellum, or Parchment upon which is ingrossed or written any Writ of Covenant for the Levying of a Fine.

14. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for the Vellum, or Parchment, upon which is ingrossed or written any Writ of Entry, for suffering a common Recovery.

15. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin of Vellum, or Parchment, upon which is ingrossed or written any Exemplification, of what Nature soever, that shall pass the Seal of any Court whatsoever.

16. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin of Vellum or Parchment, or Sheet of Paper, upon which is ingrossed or written any Decree, or Dismission, made in the Court of Chancery, Exchequer, Court of the Duchy, Courts of the Counties Palatine, or other Court of Equity.

17. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Institution, or Licence, that shall pass the Seal of any Archbishop, Bishop, Chancellor, Ordinary, or any Ecclesiastical Court.

18. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, upon which is ingrossed or written any Writ of Error, Certiorari, or Appeal; except to the Delegates.

19. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Significavit pro corporis deliberatione.

Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Sentence given, Attachment made, or Relaxation thereof, in the Court of Admiralty.

21. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Licence for or Certificate of Marriage.

22. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Letters of Mart.

23. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Probate of a Will, or Letters of Administration, for any Estate above the Value of 20l.

24. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which any Recognizance, Statute-Staple, or Statute-Merchant, is ingrossed or written, and entered in any Court or Office.

25. Resolved, That it is the Opinion of this Committee, That a Duty of 2s. 6d. be paid for every Skin or Piece of Vellum, or Parchment, upon which is ingrossed or written any Record of Nisi Prius and Postea.

26. Resolved, That it is the Opinion of this Committee, That a Duty of 2s. 6d. be paid for every Skin or Piece of Vellum, or Parchment, upon which is ingrossed or written any Judgment whatsoever, signed by any Officer, of the Courts at Westminster.

27. Resolved, That it is the Opinion of this Committee, That a Duty of 2s. 6d. be paid for every Skin or Piece of Vellum or Parchment, or Sheet of Paper, upon which is ingrossed or written any Commission issuing out of any Ecclesiastical Court, not particularly charged.

Ways and Means.

28. Resolved, That it is the Opinion of this Committee, That a Duty of 2s. 6d. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Warrant, Monition, and Personal Decree, in any Court of Admiralty, or the CinquePorts.

29. Resolved, That it is the Opinion of this Committee, That a Duty of 2s. 6d. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is written any beneficial Warrant or Order, under their Majesties Hands, except Warrants or Orders to their Majesties Navy, Army, and Ordnance.

30. Resolved, That it is the Opinion of this Committee, That a Duty of 1s. be paid for the Vellum, Parchment, or Paper, upon which is ingrossed or written any Special Bail, and Appearance thereupon.

31. Resolved, That it is the Opinion of this Committee, That a Duty of 1s. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written any Bills, Answers, Replications, Rejoinders, Interrogatories, Depositions, and other Pleadings and Proceedings in Chancery, Exchequer, Duchy and Palatine Courts, and other Courts of Equity.

32. Resolved, That it is the Opinion of this Committee, That a Duty of 1s. be paid for the Vellum, or Parchment, or Paper, upon which is ingrossed or written any Admission into any Corporation or Company, Matriculation in the Universities, and Admissions into the Inns of Court of Chancery.

33. Resolved, That it is the Opinion of this Committee, That there be a Duty of 6d. paid for the Parchment, or Paper, upon which every Affidavit, and Copy thereof, is ingrossed or written; except Affidavits pursuant to the Act for burying in Woollen, and such as are taken before Justices of Peace, and Commissioners for the Taxes, in respect of their respective Offices.

34. Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for every Skin or Piece of Parchment, or Vellum, or Sheet of Paper, upon which is ingrossed or written any Indenture, Lease, and Deed indented, or Deed-poll.

Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for the Vellum, or Parchment, upon which is ingrossed or written any original Writ, Subpœna, Bill of Middlesex, Latitat, Writ of Capias quo minus, and every other Writ whatsoever, Process or Mandate, that shall issue out of any Court, holding Plea, where the Debt or Damage doth amount to 40s. or the thing in Demand is of that Value.

36. Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for the Vellum, Parchment, or Paper, upon which is ingrossed or written the Entry of every Action in any Court; except Courts-Leet and Courts-Baron, out of which no Writs, Process, or Mandates, issue.

37. Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for the Vellum, Parchment, or Paper, upon which is ingrossed or written any common Bail, filed in any Court whatsoever, and every Appearance that shall be made thereupon.

38. Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for the Vellum, Parchment, or Paper, upon which is ingrossed or written every Rule and Order, made or given in any of the Courts at Westminster, and the Copies of them; and the Copies of any Records or Proceedings in any of the Courts at Westminster, not otherwise charged.

39. Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or written every Citation or Monition made in any Ecclesiastical Court, and every Libel or Allegation, Deposition, Answer, Sentence, or final Decree, or Inventory, exhibited in any Ecclesiastical Court, the Courts of Admiralty and Cinque-Ports; and all Copies of them.

40. Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for every Skin or Piece of Vellum, Parchment, or Sheet of Paper, upon which is ingrossed or written every Charter-Party, Policy of Assurance, Passport, Bond, Release, Contract, or other obligatory Instrument.

41. Resolved, That it is the Opinion of this Committee, That a Duty of 6d. be paid for every Skin of Vellum, Parchment, or Sheet of Paper, upon which shall be ingrossed or written every Petition to their Majesties, the Privy-Council, or their Majesties Courts, Ecclesiastical or Civil, and every Lawyer's Brief.

42. Resolved, That it is the Opinion of this Committee, That a Duty of 1d. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper upon which is ingrossed or written every Declaration, Plea, Replication, Rejoinder, Demurrer, and other Pleadings, or Proceedings whatsoever, in any Court of Law; and for all Copies of them.

43. Resolved, That it is the Opinion of this Committee, That a Duty of 1d. be paid for every Skin or Piece of Vellum or Parchment, or Sheet of Paper, upon which is ingrossed or written the Copies of any Bills, Answers, Pleas, Demurrers, Replications, Rejoinders, Interrogatories, Depositions, and other Proceedings in any Court of Equity.

44. Resolved, That it is the Opinion of this Committee, That a Duty of 1d. be paid for every Skin or Piece of Vellum, or Parchment, or Sheet of Paper, upon which is ingrossed or Written the Copy of any Will.

45. Resolved, That it is the Opinion of this Committee, That the said Duties upon Parchment and Paper be granted to their Majesties for the Term of Four Years.

Ordered, That the Consideration of the said Report be adjourned until Saturday Morning next.

And then the House adjourned till Saturday Morning, next Nine a Clock.