Charles II, 1670 & 1671: An Act for laying Impositions on Proceedings at Law.

Statutes of the Realm: Volume 5, 1625-80. Originally published by Great Britain Record Commission, s.l, 1819.

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'Charles II, 1670 & 1671: An Act for laying Impositions on Proceedings at Law.', in Statutes of the Realm: Volume 5, 1625-80, (s.l, 1819) pp. 712-719. British History Online https://www.british-history.ac.uk/statutes-realm/vol5/pp712-719 [accessed 19 April 2024]

In this section

Reasons for the present Grant.

Duties to commence 1st May 1671.; For the Term of Nine Years.

Wee your Majestyes most dutyfull and loyall Subjects the Commons assembled in Parlyament haveing entred into a due' and serious consideration of the extraordinary Occasions which oblige your Majestie to a great and present Expence for the necessary Defence of your Realmes, and considering your Majestyes great Debts, and being desireous to raise such aides and supplyes as may be proportionable to these Occasions doe humbly present your Majesty with the free Gift of the Rates and Aides herein after mentioned and doe beseech your Majesty that it may be enacted And bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in Parlyament assembled and by the authoritie of the same That from and after the first day of May which shall be in the yeare of our Lord One thousand six hundred seaventy and one there shall be throughout your Majestyes Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede raised, leavyed, collected and paid unto your Majestie your Heires and Successors dureing the terme of nine yeares for the severall and respective things herein after mentioned over and above the Rates Dutyes and Summes of Money now due and payable to your Majestie or to any person or persons Bodyes Pollitique or Corporate whatsoever for the same the severall and respective Rates Impositions, Dutyes, Charges and Summes of Money herein after expressed in manner and forme following (That is to say)

Grants of Franchises, &c. not above one Skin.

For every Charter or Grant which shall be made of any Franchise, Liberty or Priviledge to any person or persons Bodyes Pollitique or Corporate that shall passe the Great Seale of England or the Seale of the County Palatine of Lancaster not exceeding one Skin of Parchment written in such manner as things of that nature are or heretofore have beene usually written Forty Shillings Xls

Exceeding one Skin.

And if the same shall exceede one Skin soe to be written, then for every other Skin of Parchment soe to be written Twenty shillings XXs

Other Grants not above one Skin.

For every Grant of Lands in Fee, Perpetuity, Lease for yeares and other Grant that shall passe the Great Seale of England, Seale of the Exchequer, Seale of the Dutchy or County Palatine of Lancaster not exceeding one skin of Parchment written in such manner as things of that nature are now, or heretofore have beene usually written Twenty shillings XXs

Exceeding one Skin.

And if the same shall exceede one Skin soe to be written, then for every other Skin of Parchment soe to be written Ten Shillings Xl

Grants of Money or Pardons not above one Skin.

For every Grant of any Summe of Money, and for every Pardon of or for any Crime or Offence or of any Su[m]me of Money or Forfeiture that shall passe the Great Seale or Privy Seale, not directed to the Great Seale not exceeding one Skin of Parchment to be written in such manner as things of that nature are now or heretofore have beene usually written, Forty shillings Xls

Exceeding one Skin.

And if the same shall exceede one Skin soe to be written, then for every other Skin of Parchment soe to be written Twenty shillings XXsl

Presentation to Benefices of £20 or above in the King's Books.

For every Presentation and Donation which shall passe the Great Seale of England, and for every Collation to be made by any Archbishop or other Bishop, and for every Presentation and Donation to be made by any Patron whatsoever of or to any Benefice, Dignity or Spirituall or Ecclesiasticall Promotion whatsoever provided such Benefice Dignity or Promotion be of the value of Twenty pounds or above in the Kings Bookes Forty shillings [XXsl]

Of £10 and above.

But if such Spirituall Promotion Dignity or Benefice be but of the value of Ten pounds or above in the Kings Bookes then but Ten shillings Xs

Proviso for Vicarages under £100 per Annum.

Provided That this Act shall not extend to Charge any Viccaridge under the improved value of One hundred pounds per ann?. the same to be proved by the [Certificates of the (fn. 2) ] respective Ordinaries.

Deeds enrolled.

For every Conveyance, Surrender Release and other Deed whatsoever which shall be enrolled of Record In any of the Courts at Westminster, or in any other Court of Record whatsoever, or by any Custos Rotulorū, or Clerke of the Peace Five shillings Vs

Writs of Covenant for levying Fines at and above 6s. 8d. and under 20s.

For every Writt of Covenant for leavying of Fines in the Alienation Office at or above Six shillings eight pence, and under Twenty shillings, and for which there is now Six shillings eight pence or above usually paid, there shalbe paid over and above such Six shillings and eight pence or above the Sume of three shillings and fower pence iijs iiijd

Writs at and above 20s.

And for every Writt of Covenant for leavying of Fines in the Alienation Office at or above Twenty shillings, and for which there is now Twenty shillings or above usually paid there shall be paid over and above such Twenty shillings or above the Summe of Six shillings and eight pence. vjs viijd

The said Additionall Suu[m]es not to be accounted any part of the Pre-fine, or to extend to the Post-fine.

Writs of Entry for suffering of Common Recoveries.

For every Writt of Entry for suffering of Common Recoveries in the Alienation Office there shall be paid over and above the Fines now or heretofore usually rated and paid there upon such Writs Six shillings and eight pence vjs [viij. (fn. 3) ]

Original Writs, and other Writs, and Process.

For every Originall Writt not before [by (fn. 1) ] this Act charged, Subpoena, Bill of Midlesex, Latitat, Writ of Capias Quo minus, Writ of Dedimus Potestat? to take Answers, examine Witnesses, or sweare Guardians and every other Writ whatsoever, and alsoe for every other Processe or Mandate that shall issue out of, or passe the Seales of any of the Courts of Westminster, Courts of the Great Sessions in Wales; Courts in Countyes Palatine, or any other Court whatsoever holding Plea, where the Debt or Dammage doth amount to Forty shillings, or above; Six pence vjs

Renewing Process.

For the renewing of every such Processe, or Mandate Fower pence jvd

Entry of Action in Mayor's Court, &c.

For the Entry of every Action in the Maiors and Sheriffes Courts of London, and in Courts in all Corporations, and other Courts whatsoever, out of which noe Writts, Processe or Mandates issue holding Plea, where the Debt or Dammage doth amount to forty shillings or above, Six pence. vjd

Exemplifications not above one Skin.

For every exemplification of what nature soever, that shall passe the Seale of any Court whatsoever, not exceeding one Skin of Parchment to be written with as many Words in every Line, and with asmany Lines in every Skin, as are now, or heretofore have beene usually written in things exemplified. Seaven shillings and six pence vijs vjd

Exceeding one Skin.

And if the same shall exceede one Skin soe to be written, then for every other Skin of Parchment soe to be written, Five shillings. vs

Bills and Pleadings in Equity.

For every Bill, Answere, Plea, Demurrer, and every other Pleading whatsoever in the Courts of Chauncery Exchequer and Dutchy chamber of Lancaster One shilling. is

Copies of Bills and Pleadings in Equity.

For the Copy of every Bill, Answere Plea, Demurrer, and of all other Pleadings whatsoever, and of all Interrogatories and Depositions taken out of the respective Offices, and attested by the respective Officers in the Courts of Chauncery, Exchequer and Dutchy Chamber of Lancaster, there shall be paid for every Sheete to be written with as many Words in every Line, and with as many Lines in every Sheete as are now, or heretofore have beene usually written in such Copies One penny. id

Copies of Bills, &c. in inferior Court.

For the Copy of every Bill, Answere, Plea, Demurrer, and of all other Pleadings whatsoever, and of all Interrogatories and Depositions: in all and every other Court of Equity or Conscience whatsoever holding Plea where the Debt or Dammage doth amount to Forty shillings or above there shall be paid for every Sheete to be written with as many Words in every Line, and with as many Lines in every Sheete as are now, or heretofore has beene usally written in such Copies One penny id

Orders and Reports in Equity.

For every Order entred and Report filed in any of the said Courts of Chauncery, Exchequer and Dutchy Chamber of Lancaster Six pence vjd

Copies thereof.

For the Copy of every such Order and Reporte signed by the proper Officer Three pence iijd

Copies of Declarations, &c. in Courts at Westminster, for which 8d. per Sheet is now payable.

For the Copy of every Declaration, Plea, Demurrer Issue and of all and every other Proceedings whatsoever in any of the Courts at Westminster for which there is now payable Eight pence per Sheete, there shall be paid for every Sheete to be written with as many Words in every Line, and with as many Lines in every Sheets as are now, or heretofore have beene usually written in such Copies, One penny. id

Copies of such Declarations, &c. for which 4d. per Sheet is now payable.

For the Copy of every Declaration, Plea and Issue Demurrer, and of all and every other Proceedings in any of the Courts at Westminster, for which there is now payable but Fower pence per Sheete, there shall be paid for every Sheete to be written with as many Words in every Line and with as many Lines in every Sheete as are now, or heretofore have beene usually written in such Copies, over and above the said Fower pence per Sheete, One penny id

Copies of Declarations and Pleadings in other Courts.

For the Copy of every Declaration, Plea, Issue, Demurrer, and of all and every other Proceedings whatsoever in all and every other Court whatsoever holding Plea, where, the Debt or Dammage doth amount to Forty, shillings, or above, for every Sheete to be written with as many Words in every Line, and with, as many Lines, in every Sheete as are now, or heretofore have beene usually written in such Copies, One penny id

Affidavits.

For every Affidavit that shall be made in writeing, and sworne to before any person whatsoever authorized to take an Oath, where any Fee by Law is due to any Officer for the same, Six pence. vjd

Copies of Affidavits.

For the Copy of every Affidavit that shall be filed or reade in any Court whatsoever, Fower pence. iiijd

Bails and Appearances.

For every Speciall Baile to be taken in any of the Courts at Westminster, or before any of the Judges of the said Courts, or in any other Court whatsoever, and for every Co[m]on Baile whatsoever that shall be filed in any of the said Courts, or any other Court whatsoever, and for every apparance that shall be made or entred in any of the said Courts, or any other Court whatsoever, or in any Office belonging to the same, Six pence. vjd

Rules and Orders in the Courts at Westminster. (Exception.)

For every Rule or Order to be made or given in any of the Courts at Westminster, except in the English side of the Chauncery, the English side of the Exchequer, and the English side of the Court of the Dutchy or County Palatine of Lancaster and Rules for Answere, Two pence. ijd

Copies of Rules and Orders.

And for the Copy of every such Rule or Order Two pence. ijd

Judgments.

For every Judgement in Debt, or other Judgement whatsoever, which shall be signed by the Master of any Office, or his Deputy, or Secondary, or by any Prothonotary or his Secondary, Deputy or Clerke, or by any other Officer belonging to any of the Courts at Westminster who hath power, or usually, doth or shall signe Judgements, One shilling. id

Decrees and Dismissions.

For every Decree and Dismission made by or in the Court of Chauncery, Exchequer, Court of the Dutchy of Lancaster, Courts of the Countyes Palatine of Chester and Durham, Five shillings id

Record of Nisi Prius.

For every Record of Nisi Prius Two shillings and six pence ijs vjd

Copies of Records, Copies of Proceedings upon Writs of Error.

For the Copies of all Records to be taken out of any of the Courts at Westminster, or any Office belonging to the same, and not herein before charged, and for the Copies of all Proceedings upon Writts of Error in the Exchequer Chamber not herein before charged for every Sheete to be written with as many Words in every Line, and with as many Lines in every Sheete as are now, or heretofore have beene usually written in such Copies, One penny. id

Posteas.

For every Postea that shall be returned by any Clerke of Assize, Associate, or other person authorized to returne Postea's, One shilling. id

Recognizances and Statutes.

For every Recognizance and Statute of the Staple, or Statute Merchant that shall be inrolled or entred of Record in any Court or Office whatsoever, Two shillings and six pence. ijd vjd

Writs of Error.

For every Writt of Error over and above what is before charged, Six pence. vjd

Orders and Rules.

For every Order or Rule thereupon, One shilling. id

Citations.

For every Citation or Monition Ad instantia partis which shall issue out of, or be made in any Ecclesiasticall Court whatsoever, Fower pence. iiijd

Libels.

For every Libell or Allegation, One shilling. id

Depositions.

For every Deposition of Witnesses, Fower pence. iiijd

Answers and final Decrees.

For every Answere, Sentence, or Finall Decree, Six pence. vjd

Commission out of Ecclesiasticall Court.

For every Commission issueing out of, any Ecclesiasticall Court Ad instanti? partis, Two shillings ijd

Court

For every Inventory that shall be exhibited into any Ecclesiasticall Court whatsoever which shall amount to Forty pounds or above, and not to One hundred pounds. One shilling. id

Inventories.

For every Inventory that shall be exhibited into any Ecclesiasticall Court whatsoever, which shall amount to One hundred pounds, or above, and not to Five hundred hundred pounds. Six shillings. vjd

For every Inventory that shall be exhibited into any Ecclesiasticall Court whatsoever which shall amount to Five hundred pounds, or above, and not to Five thousand Six shillings. xijd

For every Inventory which shall be exhibited into any Ecclesiasticall Court whatsoever, which shall amount to One thousand pounds or above, One pound two shillings. id xjd

Institutions.

For every Institution that shall passe the Seale of any Archbishop or Bishop, Chauncellour or other Ordinary or of any Ecclesiasticall Court, whatsoever Five shillings. Vd

Licences from Ecclesiastical Courts.

For every Licence whatsoever that shall passe the Seale of any Ecclesiasticall Court (except Licences for dispenceing the eating of Flesh in Lent) One shilling. id

Copies of Wills.

For the Copy of every Will registred in any Ecclesiasticall Court whatsoever, for every Sheete containing as many Words in every Line and as many Lines in every Sheete as are now, or heretofore have beene usually written in such Copies. One penny. id

Copies of Inventories.

For the Copy of every Inventory which shall be exhibited into any Ecclesiasticall Court, there shall be paid per Presse. Two pence. iid

Appeals to Delegates.

For every Appeale to the Delegates Ten shillings. Xd

Other Appeals.

For every other Appeale from any Inferiour Ecclesiasticall Court to a Superiour Three shillings and fower pence. iijs ivd

Significavit pro Corporis deliberatione. Dispensations.

For every Significavit pro Corporis deliberatione, Five shillings. Vs

[For every Dispensation to hold Two Ecclesiasticall Dignities, or both a Benefice and a Dignity Fifteene shillings. (fn. 4) ] XVs

For every other Dispensation which shall be passed by the Lord Archbishop of Canterbury for the time being or the Master of the Faculties. Ten shillings. Xs

Admiralty Proceedings.

For every Warrant Monition and personall Decree, and for every Libell, Allegation, and for every Deposition of every Witnesse, and [for (fn. 5) ] every personall Answere, which shall issue out of, or be made in the Court of the High Admirall of England or in any Court of his Vice-Admiralls, or the Cinque-Ports exerciseing Jurisdiction. One shilling. Is

Commissions.

For every Coo[m]mission that shall issue under the Seale of any of the said Courts of Admiralty last mentioned. Five shillings. Vs

Sentences.

For every Sentence that shall be given in any of the said Courts of Admiralty. Five shillings. Vs

Attachment.

For every Attachment that shall be made out of any of the said Courts of Admiralty Three shillings and fower pence. iijs ivd

Relaxations of Attachment.

For every Relaxation of every Attachment made out of any of the said Courts of Admiralty, Three shillings and fower pence. iijs ivd

What Officers to collect Duties as follow.; Duties arising from the Great Seal.

Which said severall Rates, Impositions, Dutyes, Charges and Summes of Money shall be collected and received by the severall and respective Officers for the time being, and other persons hereafter appointed, or their sufficient Deputyes for whome they will answere, and in such manner, as is hereafter directed, That is to say The said Duty for every Charter, Writt, and other thing that shall passe the Greate Seale of England as aforesaid shall be received by the, Clerke of the Hanaper before the said Charter or other thing as aforesaid be sealed.

From the Privy Seal.

And the said Duty for every Grant of any Summe of Money or other thing as aforesaid that shall passe the Privy Seale, and not be directed to the Great Seale shall be received by the Clerke attending before the said Grant or other thing as aforesaid shall be sealed.

Deeds, &c. inrolled in Chancery.

And the said Duty for every Deed and Recognizance that shall be inrolled in the Court of Chauncery shall be received by the Deputy Clerks of the Inrollments respectively before the inrolling thereof.

Orders and Reports.

And the said Duty for every Order and Report in the said Court and for Copies of the same shall be received by the Register of the said Court before the entring or signing of the same, and that the same shall not be of any effect untill they are soe signed.

Copies of Pleadings.

And the said Duty for the Copy of every Bill Answere, Plea, Demurrer and all other Pleadings whatsoever as aforesaid in the said Court, and of all Interrogatories and Depositions taken by Commission out of the said Court, and alsoe the said Dutyes for all Decrees and Dismissions in the said Court, shall be received by the Six Clerkes of the said Court respectively before the signing of the same.

Copies of Interrogatories.

And the Dutyes for all Copies of all other Interrogatories and Depositions not taken by Commission as aforesaid shall be received by the Examiners of the said Court respectively before the signing of the same.

Proceedings in the Petty Bag not of Effect till Copies signed by Clerk.

And noe Declaration, Plea Demurrer or other Proceeding in the Pettibag in the said Court, of Chauncery shall be of any effect untill the respective Copies of the same shall be signed by the Clerks of the Pettibag respectively, who are hereby required before such signing thereof to receive the Dutyes by this Act appointed to be paid for the same respectively.

Affidavits before Masters.

And the said Duty for every Affidavit made before any of the Masters of the Chauncery in Ordinary shall be received by the said, Master respectively, who is alsoe hereby required to signe the Affidavit and to receive the said Duty upon the signing thereof.

Weekly Accounts of Duty.

And the said Duty shall be accounted for every Weeke to such person or persons as his Majesty his Heires and Successors shall for that purpose nominate and appoint as is hereafter provided.

Affidavits before Masters extraordinary.

And the said duty for every Affidavit made before any Master of the Chauncery extraordinary shall be received by the said Master respectively, and the said Master is hereby required to signe the same and to receive the said Duty upon the signing thereof.

Writs, &c. of the Court of K. B.

And the said Duty for every Writt, Processe or Mandate as aforesaid that shall issue out of or passe the Seale of the Court, of Kings Bench shall be received by the Keeper of the said Seale before the sealing of the same.

Bills of Middlesex.

And the said Duty for every Bill of Midlesex as aforesaid shall be received by the Clerke that signs and seales them before the signeing and sealing of the same.

Deeds inrolled in K.B.

And the said Duty for every Deed that shall be inrolled in the said Court of Kings Bench shall be received by the Prothonotary of the said Court before the inrolling of the same.

Recognizances in K. B.

And the said Duty for every Recognizance as aforesaid that shall be acknowledged in the said Court shall be received by the Secondary on the Crownes side in the said Court at the time of the acknowledgement of the same.

Declarations, &c. in K.B. of no Effect till Copies signed by Secondary.

And noe Declaration, Plea, Replication, Demurrer Rejoynder Issue or other Proceeding upon the same in the said Court of Kings Bench shall be of any effect untill the respective Copies of the same shall, be signed by the Secondary of the Pleas side, who shall and is hereby required before such Signiture to receive the Dutyes by this Act appointed to be paid for the same respectively.

Bails and Appearances.

And the said Duty for every Baile and Apparance in the said Court shall be received by the Clerke of the Bailes in the said Court before the fileing and entring of the same respectively.

Rules and Orders in K. B.

And the said Duty for every Rule and Order as aforesaid made or given in the said Court shall be received by the Clerke of the Rules before the entring of the same.

Affidavits in K. B.

And the said Duty for every Affidavit made in the said Court shall be received by the Clerke of the Rules of the said Court upon the signing or makeing thereof.

Affidavits out of Court.

And the said Duty for every Affidavit made before any of the Judges of the said Court out of Court shall be received by such person or persons from time to time as the said. Judges shall for that purpose respectively appoint.

Records of Nisi Prius.

And the said Duty for every Record of Nisi Prius in the said Court shall be received by the Custos Breviuu[m] of the said Court before the sealeing of the same.

Posleas.

And the said Duty for every Postea in the said Court shall be received by the respective Clerks of the Assize and Associates respectively upon recording of the Verdicts.

Judgments.

And the said Duty for every Judgement as aforesaid in the said Court shall be received by the said Secondary of the Pleas side before the signing of the same.

Process in C. P.

And the said Duty for every Writt or Processe that shall passe the Seale of the Court of Common, Pleas as aforesaid shall be received by the Seale-keeper of the said Court before the sealeing thereof.

Deeds inrolled.

And the said Duty for every Deed that shall be inrolled in the said Court of Common Pleas shall be received by the Clerke of the Warrants of the said Court before the enrolling thereof.

Recognizances.

And the said Duty for every Recognizance entred into the said Court of Common Pleas shall be received by the Prothonotaries of the said Court respectively at the time of the acknowledgeing of the same.

Declarations, &c. in C.P. of no Effect till Copies signed by Prothonotary.

And noe Declaration, Plea, Replication, Demurrer, Rejoynder, Issue or other Proceeding upon the same in the said Court of Common Pleas shall be of any effect untill the respective Copies of the same shall be signed by the respective Prothonotaries of the said Court who shall and are hereby required before such Signiture to receive the severall and respective Dutyes by this Act appointed to be paid for the same.

Bail.

And the said Duty for every Baile taken in the said Court shall be received by the respective Prothonotaries of the said Court before the entring and fileing of the same respectively.

Appearance.

And the said Duty for every Apparance given upon any Processe made by any of the Filizers of the said Court shall be received by the said respective Filizers, and upon all other Processe by the respective Prothonotaries before the entring of the same.

Rules and Orders.

And the said Duty for every, Rule and Order as aforesaid made or given in the said Court shall be received by the respective Secondary of the said Court before the entring of the same.

Record of Nisi Prius.

And the said Duty for every Record or Nisi Prius in the said Court shall be received by the respective Prothonotaries of the said Court before the sealeing of the same.

Posteas.

And the said Duty for every Postea in the said Court shall be received by the respective Clerke of Assize or Associates that record the Verdict upon recording of the said Verdict.

Judgments.

And the said Duty for every Judgement as aforesaid in the said Court of Common Pleas shall be received by the Prothonotaries of the said Court respectively before the signeing of the same.

Affidavits.

And the said Duty for every Affidavit made in the said Court shall be received by the Secondaries of the said Court respectively upon the signing or makeing of the same.

Affidavits out of Court.

And for every Affidavit made out of Court before any of the Judges of the said; Court, the said Duty shall be received by such person or persons as the said Judges respectively shall from time for that purpose appoint.

Grants, &c. under the Exchequer Seal.

And the said Duty for every Grant or other thing as aforesaid which shall passe the Exchequer Seale shall be received by the Chauncellour of the Exchequer for the time being before such Grant or other thing shall be sealed.

Deeds, &c. inrolled in the Exchequer.

And the said Duty for every Deed or Recognizance that shall be inrolled either in the Kings or Treasurers Remembrancers Office, or in the Office of Pleas in the Court of Exchequer shall be received by the Masters of the said severall Offices respectively before the enrolling of the same.

Proceedings in Court of Exchequer of no Effect till Copies signed by Attornies.

And noe Declaration or Information Plea Replication Demurrer Rejoynder Issue or other Proceeding upon the same in the Kings or Treasurers Remembrancers Offices in the said Court, of Exchequer shall be of any effect untill the respective Copies of the same shall be signed by the respective Attourneys of the said severall Offices who are hereby required before such Signature to receive the Dutyes by this Act appointed to be paid for the same respectively, the like to be done by the Clerke of the Pleas of the said Court of Exchequer within his Office respectively.

Bail and Appearance.

And the said Duty for every Baile and Apparance in the said severall Offices in the said Court of Exchequer shall be received by the Attourneys of the said Court respectively before the fileing and entring of the same.

Rules, Orders, &c.

And the said Duty for every Rule Order and Reporte as aforesaid to be made in the said Court of Exchequer. and for Copies of the same shall be received by the respective Officers or Clerks that signe the same before the entring, signing or fileing of the same.

Record of Nisi Prius.

And the said Duty for every Record of Nisi-prius in the said Court of Exchequer shall be received by such Officer or Clerke as shall signe the same or the Warrant for the same before the signing of such Record or Warrant.

Postea.

And the said Duty for every Postea in the said Court of Exchequer shall be received by the respective Clerke of Assizes and Associates respectively upon recording of the Verdicts.

Judgments.

And the said Duty for every Judgement in the said Court of Exchequer as aforesaid shall be received by the severall Officers of the said Court, who shall signe the same respectively, upon the signing of the same.

Copies of Pleadings.

And the said Duty for the Copy of every Bill Answere Plea Demurrer and all other Pleadings whatsoever as aforesaid in the said Court of Equity in the. Exchequer, and of all Interrogatories and Depositions taken by Commission out of the said Court, and alsoe the said Duty for all Decrees and Dismissions in the said Court shall be received by the Attourneys in the Kings Remembrancers Office in the said Court respectively.

And the Dutyes for all Copies of all other Interrogatories and Depositions not taken by Commission as aforesaid shall be received by the Examiners of the said Court respectively before the signing of the same.

Copies of Proceedings in Error in Exchequer Chamber.

And the said [Dutyes (fn. 6) ] for all Copies of any Proceedings upon Writts of Error in the Exchequer Chamber upon Judgements given in the said Court of Exchequer shall be received by the respective Officer that signs the same upon the signing thereof, and upon Judgements out of any other Court by the Clerke of the Errors in like manner.

Grants, &c. under Seal of C. P. of Lancaster..

And the said Duty for every Charter or Grant that shall passe the Seale of the County Palatine of Lancaster shall be received by the Keeper of the said Seale before the sealeing of the same.

Deeds inrolled in Dutchy Court of Lancaster.

And the said Duty for every Deed inrolled and every other thing as aforesaid charged by this Act as aforesaid in the Court of the Dutchy of Lancaster the same shall be received in manner aforesaid by the Clerke of the said Dutchy Court.

Deeds inrolled in any other Court of Record.

And the said Duty for every Deed inrolled in any other Court of Record then the Courts before mentioned in this Act shall be received by the respective Officer of the said Courts that shall inroll the same before the inrolling thereof, and if by any Custos Rotulor? or Clerke of the Peace, then by the Clerke of the Peace respectively in manner as aforesaid.

Duties in other Counties Palatine.

And the said severall Dutyes by this Act ariseing within any other County Palatine shall in like manner be received by the respective Chauncellours or Chamberlaine of the said Countyes Palatine or such as they from time to time shall for that purpose nominate and appointe respectively.

Plaints in Courts of the Mayor and Sheriffs of London.

And the said Duty for Entry of an Action or Plaint in the Courts of the Maior or Sheriffes of the Citty of London, and the Duty of or for any other thing ariseing within the said Courts or any of them shall be received in manner as aforesaid by the proper Officer that shall act in those severall things from or for which the said Duty doth arise respectively.

The proper Officer determined.

And if any doubt or question shall arise who is the said proper Officer the same shall be judged and determined by the said Courts respectively.

Court of Marshalsey Corporation Courts.

And the said severall Dutyes charged by this Act, ariseing within the Court of Marshalsey or within any other Court within any other Corporation then those already mentioned in this Act shall be received by the respective Prothonotary Towne-Clerke or Clerke of such Court, and in other inferiour Courts by the respective Stewards or other like Officers of the said Courts in manner as aforesaid.

Presentations.

And the said severall Dutyes for every Presentation Collation, Institution, and other thing charged by this Act which shall passe the Episcopall Seale, or the Seale of the Ordinary shall be received by the said Ordinary respectively before the sealeing of the same who is hereby required to keepe a Register or Entry of the same.

Ecclesiastical Courts.

And the said severall Dutyes ariseing within the Court of the Arches or any other Ecclesiasticall Court as aforesaid shall be received by the Registers of the said severall Courts respectively.

Inhibitions on Appeals.

And the said Duty for every Inhibition that shall issue upon an Appeale as aforesaid shall be received by the respective Registers of the Courts to which the said Appeales shall be made.

Dispensations.

And the said Duty for every Dispensation Faculty and License as aforesaid which shall be passed by the Lord Archbishop of Canterbury or Master of the Facultyes shall be received by the said Master of the Facultyes for the time being.

Admiralty Courts.

And the said Dutyes ariseing within any of the [said (fn. 7) ] Courts of the Admirall or his Vice-Admiralls or of the Cinque-Ports shall be received by the respective Registers of the said Courts.

Copies of any other Records in the Courts of Westminster.

And the said Dutyes for the Copies of any other Records that shall be taken out of any of the said Courts of Westminster or any Office belonging to the said Courts the Receipt and Collection whereof is not herein already disposed or appointed shall be received by the severall Officers and other persons that shall make or signe the same upon the makeing or signing of them.

Courts of Marches of Wales.

And the said Dutyes ariseing within the Court or Councell of the Marches of Wales as aforesaid shall be received by the Clerke of the Signet, or Secretary of the said Court or Councell in manner as aforesaid.

Courts of Grand Sessions in Wales.

And the said Dutyes ariseing within the severall Courts of the Grand Sessions in Wales as aforesaid shall be received by the Baron of the Exchequer in each Circuit, and by the Prothonotary, and the Register and the two Attourneys in Chauncery of each Circuit respectively in manner following that is to say.

Original Writs and other Matters herein mentioned.

For Originall Writts and other matters that passe the Seale for Originalls shall be received by the said Barons respectively. and for Judiceall Writts, Inrolment of Deeds and Recognizances, Rules and Orders in Proceedings at Common Law, and Copies of them, Copies of Declarations Pleas and other Proceedings at the Common Law, and for Bailes and Apparances Judgements and other things as aforesaid relateing to the Common Law to be received by the respective Prothonotaries of each Circuit, and for Copies of all Bills, Answers, Pleas, Demurrers and other Proceedings as aforesaid relateing to Equity, to be received by the respective Register and the said two Attourneys in Chauncery of each Circuit respectively.

The said several Duties to be paid by Persons so receiving to Receiver General.

And the said severall Rates, Impositions Dutyes Charges and Summes of Money soe to be received by the said severall and respective Officers and other persons as aforesaid shall be respectively charged upon them, and by them duely and perticularly accounted for, answered and paid to such person and persons as by his Majestie, his Heires and Successors shall be thereunto specially appointed to be the Generall Receiver or Receivers by Warrant under the Great or the Privy Seale at or before the dayes hereafter limitted that is to say, at or before the first day of Michaelmas Terme, the first day of Hillary Terme, and the first day of Easter Terme in every yeare dureing the continuance of this Act.

Receivers of Duties to account upon Oath.

And as to the Dutyes ariseing in any of the said Courts every of the said respective persons who shall receive any of the said Dutyes shall from time to time make Oath before some or one of the Judges of the same Court, where the said Dutyes doe or shall arise of the truth of their respective Accounts.

Duties arising elsewhere than as aforesaid to be accounted for on Oath to Justice of Peace, &c.

And for all such of the said Dutyes as shall arise otherwhere, and are not relateing to any of the said Courts Ecclesiasticall or Temporall, or the Officers or Ministers of the same, the persons by this Act appointed to receive the same shall make Oath of the truth of such their Accounts before some Justice of the Peace, or Master in Chauncery in Ordinary or Extraordinary who are hereby authorized and required to administer such Oathes.

II. Receiver General's Acquittance a Discharge without Fee.

And bee it enacted by the authority aforesaid That the said Receiver or Receivers Generall at every time of payment appointed by this Act as aforesaid shall give unto the said severall Officers and persons aforesaid upon the payment of any of the Summes of Money due by this Act severall Acquittances under their Hands and Seales without takeing any thing for the same. Which said Acquittances shall be a full and perfect discharge for the Summes of Money therein mentioned to the said severall Officers and persons paying the same.

III. The Receivers to keep Books of Entries; to be from time to time produced to Receiver General.

And to the end the said severall Dutyes may be the better accounted for and answered to his Majestie his Heires and Successors in manner aforesaid Bee it further enacted That every of the said Officers and other persons soe as aforesaid appointed to receive the said Dutyes respectively shall keepe Bookes, wherein all Moneys by him to be received in pursuance of this Act, expressing the Names of the persons from whome, and for what the same were received shall be duely entred and sett downe, which Bookes shall from time to time be produced and shewn to the said Receiver or Receivers General soe to be appointed or such other person or persons as shall be thereunto lawfully authorized by his Majestie his Heires and Successors.

IV. Receiver General to have View of Records, and may take Notes, &c. without Fee.

And the said Receiver or Receivers Generall or such other person or persons as shall be thereunto lawfully authorized by his Majestie his Heires and Successors as aforesaid shall likewise have free resorte at any seasonable time to any Record or Entry of any Proceedings or other matters aforesaid, to search, view and peruse the same, and as occasion shall be to take Notes or Abstracts out of the same without any thing paying for the same, and the Officers of the severall Courts before mentioned are hereby required to be aiding and assisting to such Receiver or Receivers Generall therein.

V. Officers to give Security.

And the said severall Officers and other persons in their respective Courts aforesaid shall give such Security for the due entring, accompting for, answering and paying the said severall Dutyes and Su[m]mes of Money by them respectively to be received as aforesaid as by the said Courts respectively shall be directed and appointed.

VI. Neglecting to pay or receive the Duties;

First Offence; Penalty.; Second Offence; Forfeiture of Office and Incapacity.

And if any Attourney, Sollicitor or other person whatsoever charged or chargeable with any of the said Dutyes by vertue of this Act shall not duely and fully answere and pay the same to the proper Officer appointed to receive the same as aforesaid, or if such Officer shall wilfully refuse or negclect to receive the same, or shall not truely enter the same in a Booke, and justly accompt for, answere and pay the same to the respective Receiver Generall in manner aforesaid, then every such person soe offending shall upon conviction for the first defaulte for which he shall be questioned and convicted forfeite and pay to the Kings Majestie his Heires and Successors ten times the value of the Duty or Dutyes which his Majesty his Heires or Successors shall lose by such defaulte to be recovered by Action of Debt, Bill Plaint or Information in any of his Majestyes Courts of Record wherein noe Essoyne Wager of Law or Protection is to be allowed, and upon a second conviction for the like default afterwards committed shall forfeite such his Office and imployment, and be for ever uncapeable of holding or enjoying the same or the like Office or Employment.

VII. The Judges of the respective Courts to make Rules and Orders for collecting, &c. Duties.

And the Judges of the severall Courts respectively are hereby authorized and required from time to time to take such security as aforesaid, and to give, make and publish such Rules, Orders and Directions for the better entring collecting accompting for answering and paying of the said severall Dutyes by the Officers of the said respective Courts, or such [other (fn. 8) ] Officers as shall be thereunto authorized by his Majestie in the said severall Courts; and for preventing all Fraudes and Abuses therein as to the said Judges of the respective Courts aforesaid shall seeme meete, Soe as they impose noe other Forfeitures or Penalties then are contained in this Act.

VIII. Proviso respecting Criminal Proceedings and Suits in forma pauperis.

Provided alwayes and it is hereby further enacted and declared That none of the Rates Impositions Dutyes Charges or Summes of Money before in this Act expressed shall be raised, leavyed, collected or paid or payable unto his Majestie by vertue of this Act upon any Information Indictment or other Proceedings at his Majestyes Suite in [any of (fn. 8) ] the said Courts for or in respect of any Felony Trespasse or other criminall matter whatsoever; nor to any person or persons that shall be admitted to sue or defend in forma pauperis. Any thing herein contained to the contrary notwithstanding.

IX. Recital of Intention of 43 Eliz; c. 6.

In Personal Actions wherein no Judges Certificate of Assault, &c. or of Title of Land is in Question, and Damages under 40s. no more Costs than Damages; otherwise Judgment void, &c.

[And for prevention of triviall and vexatious Suites in Law, whereby many good Subjects of this Realme have beene and are dayly undone contrary to the intention of an Act made in the three and fortyeth yeare of Queene Elizabeth for avoiding of infinite numbers of small and trifling Suites commenced in the Courts at Westminster Bee it further enacted for makeing the said Law effectuall That from and after the first of May aforesaid in all Actions of Trespasse, Assault and Battery and other personall Actions wherein the Judge at the Tryall of the Cause shall not finde and certifie under his Hand upon the backe of the Record that an Assault and Battery was sufficiently proved by the Plaintiffe against the Defendant, or that the Freehold or Title of the Land mentioned in the Plaintiffes Declaration was cheifely in question, the Plaintiffe in such Action in case the Jury shall finde the Dammage to be under the value of forty shillings shall not recover or obtaine more Costs of Suite, then the Dammages soe found shall amount unto, And if any more Costs in any such Action shall be awarded, the Judgement shall be void, and the Defendant is hereby acquitted of, and from the same, and may have his Action against the Plaintiffe for such vexatious Suite, and recover his Damages and Costs of such his Suite in any of the said Courts of Record. (fn. 9) ]

Footnotes

  • 1. xls O.
  • 2. interlined on the Roll.
  • 3. viij d. 0.
  • 4. annexed to the Original Act in a separate Schedule.
  • 5. O. omits.
  • 6. Duty O.
  • 7. interlined on the Roll.
  • 8. interlined on the Roll.
  • 9. annexed to the Original Act in a separate Schedule.