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William and Mary, 1694: An Act for granting to theire Majesties severall Dutyes upon Velum Parchment and Paper for Four Yeares towards carryyng on the warr against France,- [Chapter XXI. Rot. Parl. pt. 5. nu. 1.]

Pages 495-502

Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.

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Citation:

In this section

Duty upon Things written and ingrossed for 4 Years.

Wee your Majesties most dutifull and loyall Subjects the Co[m]mons in Parliament assembled haveing entered into a due and serious considerac[i]on of the extraordinary occasions which oblige your Majesties to a greate and present expence for the necessarye defence of your Realmes and being desireous to raise such Aids and Supplyes as may be proporc[i]onable to these occasions doe humbly present your Majesties with the Free Guifte of the Rates and Dutyes herein after menc[i]oned; and doe beseech your Majesties that it may be enacted:- And be it enacted by the King and Queenes most excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Co[m]mons in Parliament assembled and by authority of the same That from and after the Eight and twentieth day of June which shall be in the yeare of our Lord One thousand six hundred ninety [and (fn. 1) ] four there shall be throughout theire Majesties Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede raised collected and paide unto theire Majesties theire Heires and Successors dureing the terme of Four yeares and noe longer for the severall and respective things herein after menc[i]oned which shall be written or ingrossed dureing the terme aforesaid over and above the Rates Dutyes and Su[m]mes of money now due and payable to theire Majesties or to any Person or Persons Bodyes Politicke or Corporate whatsoever for the same the severall and respective Rates Imposic[i]ons Dutyes Charges and Su[m]ms of Money herein after expressed in manner and forme followeing (that is to say:-)

Letters Patent, &c.

For every Skin or Peice of Velum or Parchment on which any Grants or Letters Patents under the Great Seale of England or the Seale of the Dutchy or County Pallatine of Lancaster or of any Honour Dignity Promoc[i]on Franchise Libertye or Priviledge to any Person or Persons Bodies Politicke or Corporate or Exemplifications of the same shall be ingrossed or written the su[m]me of Forty Shillings:-

Pardons.

For every Skinn or Peice of Velum Parchment or Sheete of Paper on which any pardon of or for any crime or offence or of any su[m]me of money or forfeiture whatsoever or on which any warrant of repreive or relaxacon from any Fines Corporall Punishments or other Forfeiture shall be ingrossed or written the su[m]me of Forty Shillings:-

Grants of Money from the Crown.

For every Skinn of Velum or Parchment or sheete of Paper upon which any grant from theire Majesties of any su[m]me of money exceedeing One hundred pounds which shall passe the Greate Seale or Privy Seale (not directed to the Greate Seale) shall be ingrossed or written the su[m]me of Forty shillings:-

Grants of Office.

For every Skinn of Velum or Parchment or for every sheete of Paper upon which any grant of any Office or Employment which shall be above the value of Fifty pounds per annu[m] shall be written or ingrossed the su[m]me of Forty shillings:-

Grants of Lands, Leases, &c.

For every Skin of Velum or Parchment on which any grant of Lands in fee Lease for yeares or other grant of profitt not herein particularly charged shall passe the Greate Seale of England the Seale of the Exchequer the Seale of the Dutchy or County Pallatine of Lancaster [or( (fn. 2) ) Privy Seale (fn. 3) ] (not directed to the Greate Seale) shall be ingrossed or written the su[m]me of Forty shillings:-

Presentations; Proviso as to value of Benefice.

For every Skinn or Peice of Velum or Parchment or sheete of Paper upon which any presentac[i]on or donac[i]on which shall passe the Greate Seale of England or upon which any collac[i]on to be made by any Arch-Bishopp or other Bishopp or any presentac[i]on or donac[i]on to be made by any patron whatsoever of or to any benefice dignity or spirituall or ecclesiasticall promotion whatsoever shall be ingrossed or written the su[m]me of Forty shillings (Provided such benefice dignity or promotion be of the yearely value of Tenn pounds or above in the Kings Bookes:-)

Degrees in the Universities, &c.

For every Skinn or Peice of Velum or Parchment or Sheete or Piece of Paper upon which any register entry testimoniall or certificate of any degree taken in either of the two Universities or Four Inns of Court shall be ingrossed or written the su[m]me of Forty shillings:-

Dispensations.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper on which any dispensac[i]on to hold two ecclesiasticall dignities or benefices or both a dignity and a benefice or any other dispensac[i]on or Facultie from the Lord Arch-Bishop of Canterbury or the [Master of the (fn. 3) ] Faculties for the time being shall be ingrossed or written the su[m]me of Forty shillings:-

Admittance of Attornies, Proctors, &c.

For every Skinn or Peice of Velum or Parchment Sheete or Piece of Paper upon which any admittance of any Fellowe of the Colledge of Physitians or of any Attorney Clerke Advocate Proctor Notary or other Officer or Officers in any Courte whatsoever shall be ingrossed or written the su[m]me of Forty shillings:

Appeals.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Appeale from the Court of Admiralty Arches or the Prerogative Courts of Canterbury or Yorke shall be ingrossed or written the su[m]me of Forty shillings:-

Conveyances, &c.

For every Skinn or Peice of Velum or Parchment ( (fn. 4) ) Sheete of Paper upon which any Conveyance Surrender of Grants or Offices Release or other Deede whatsoever which shall be enrolled of record in any of the Courts att Westminster or in any other Court of Record whatsoever or by any Custos Rotolo[rum] or Clerke of the Peace shall be ingrossed or written the su[m]me of Five shillings:-

Writs of Covenant.

For every Peice of Velum or Parchment upon which any Writt of Covenant for levying of Fynes shall be ingrossed or written the su[m]me of Five shillings:-

Recoveries.

For every Peice of Velum or Parchment upon which any Writt of Entry for suffering a Co[m]mon Recovery shall be ingrossed or written the su[m]me of Five shillings:-

Exemplifications.

For every Skinn of Velum or Parchment upon which any Exemplificac[i]on of what nature soever that shall passe the seale of any Courte whatsoever shall be ingrossed or written the su[m]me of Five shillings:-

Decrees in Chancery, &c.

For every Skinn of Velum or Parchment or Sheete of Paper upon which any Decree or Dismission made by or in the Court of Chancery Exchequer Court of the County Palatine or Dutchy of Lancaster Courts of the Countyes Palatine of Chester Durham or other Court of Equity whatsoever shall be ingrossed or written the su[m]me of Six pence:-

Licences.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Instituc[i]on or Lycence that shall passe the seale of any Arch-Bishopp or Bishopp Chancellor or other Ordinary or any Ecclesiasticall Court whatsoever shall be ingrossed or written the su[m]me of Five shillings:-

Writs of Error, &c.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Writt of Error Certiorari Habeas Corpus or Appeale (excepte to the Delegates) shall be ingrossed or written the su[m]me of Five shillings:-

Significavits.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Significavit pro corporis deh[i]ac[i]one shall be ingrossed or written the su[m]me of Five shillings:-

Admiralty Sentences, &c.

For every Skinn or Peice of Velum or Parchment or Sheete or Peice of Paper upon which any Sentence that shall be given in the Court of the Lord High Admirall of England or the Cinque Ports exerciseing Admiralty Jurisdicc[i]on or upon any Attachment that shall be made out of any of the said Courts of Admiralty or any relaxac[i]on of any such Attachment shall be ingrossed or written the su[m]me of Five shillings:-

Marriage Certificates, &c.

For every Skinn or Peice of Vellum or Parchment or Sheete or Peice of Paper upon which any Licence for or Certificate of Marriage or any Letters of Mart shall be ingrossed or written the su[m]me of Five shillings:-

Probates of Wills, &c.

For every Skinn or Peice of Velum or Parchment Sheete or Peice of Paper upon which any Probate of a Will or Letters of Administrac[i]on for any Estate above the value of Twenty pounds shall be ingrossed or written the su[m]me of Five shillings:-

Recognizances, &c.

For every Skinn or Peice of Velum or Parchment Sheete or Peice of Paper upon which any Recognizance StatuteStaple or Statute-Merchant shall be ingrossed or written and entered of record in any Court or Office the su[m]me of Five shillings:-

Postea, &c.

For every Skinn or Peice of Velum or Parchment upon which any Record of Nisi prius or Postea shall be ingrossed or written the su[m]me of Two shillings and Six pence:-

Judgments.

For every Skinn or Peice of Velum or Parchment or Paper upon which shall be ingrossed or written any Judgment 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 any other Officer belonging to any of the Courts att Westminster who have power or usually doth or shall signe Judgments the su[m]me of Two shillings and Six pence:-

Commissions out of Ecclesiastical Court.

For every Skin or Peice of Velum or Parchment or Sheete of Paper upon which any Co[m]mission issueing out of any Ecclesiasticall Court not herein otherwise particularly charged shall be ingrossed or written the su[m]me of Two shillings and six pence:-

Monitions, &c; Exception.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Warrant Monic[i]on or Personall Decree in any Court of Admiralty or the Cinque Ports shall be ingrossed or written or upon which any beneficiall Warrant or Order under theire Majesties Signe Manuall (excepte Warrants or Orders for [the service of (fn. 5) ] theire Majesties Navy Army and Ordnance) shall be ingrossed or written the su[m]me of Two shillings and six pence:-

Special Bail.

For every Peice of Velum Parchment or Paper upon which any Speciall Bayle to be taken in any of the Courts att Westminster or before any of the Judges of the said Courts or in any other Court whatsoever that shall be filed in any of the said Courts shall be ingrossed or written and for every Peice of Velum Parchment or Paper upon which shall be ingrossed or written any Appearance upon such Speciall Baile the su[m]me of One shilling:-

Bills, Answers, &c. in Equity.

For every Skinn or Peice of Velum or Parchment upon which shall be ingrossed or written any Bill Answere Replicac[i]on Rejoynder Interrogatories Deposic[i]ons taken by Co[m]mission or any other Pleadings whatsoever in the Courts of Chancery Exchequer Dutchy Court and County Palatine Courts or other Courts of Equity the su[m]me of One shilling:-

Admissions into Companies, &c.

For every Skinn or Peice of Velum or Parchment and for every Sheete or Peice of Paper upon which any Admission into any Corporac[i]on or Company or any Matriculac[i]on in either of the Two Universities, or any Admission into any of the Inns of Court or Inns of Chancery shall be ingrossed or written the su[m]me of One shilling:-

Affidavits, &c. Exception.

For every Peice of Parchment or Paper upon which any Affidavitt shall be ingrossed or written (excepte Affidavitts taken pursuant to the severall Acts made in the Thirtieth and Two and thirtieth yeares of the Raigne of King Charles the Second for burying in Wollen and excepte such Affidavitts as shall be taken before the Officers of theire Majesties Customes or any Justice or Justices of the Peace or before any Co[m]missioners appointed or to be appointed by any Act of Parliament for the assessing or levying any aids or Duties granted or to be granted to theire Majesties and which Affidavitts shall be taken by the said Officers of the Customes Justices or Co[m]missioners by virtue of theire authority as Justices of the Peace or Co[m]missioners respectively and not otherwise) the su[m]me of Six pence:- And for every Peice of Parchment or Paper upon which any Copy of such Affidavitt as is herein before charged that shall be filed or read in any Court whatsoever shall be ingrossed or written the su[m]me of Six pence:-

Indentures, &c.

For every Skin or Peice of Velum or Parchment or Sheete of Paper upon which shall be ingrossed or written any Indenture Lease or Deede Poll not hereby otherwise charged the su[m]me of Six pence:-

Writs (Exception.).

For every Peice of Velum or Parchment or Peice of Paper upon which any Originall Writt (excepte such Originall on which a Writt of Capias issues) Subpena, Bill of Middlesex Latitat Writt of Capias Quo minus Writt of Dedims Potestatem to take Answeres examine Witnesses or appointe Guardians and any other Writt whatsoever or any other Processe or Mandate that shall issue out of or passe the Seales of any of the Courts att Westminster Courts of the Greate Sessions in Wales Courts in Counties Palatine or any other Court whatsoever holding plea where the debt or damage doth amount to Forty shillings or above or the thing in demand is of that value shall be ingrossed or written the sum of Six pence:-

Entries of Actions, &c.

For every Peice of Velum Parchment or Paper upon which any Entry of any Acc[i]on in the Mayors and Sheriffs Courts of London and in Courts in all Corporac[i]ons and other Courts whatsoever out of which noe Writts Processe or Mandates issue holding Plea where the Debte or Damage doth amount to Forty shillings or above shall be ingrossed or written the su[m]me of Six pence:-

Common Bail; When such Common Bail to be filed; Penalty £5.

For every Peice of Velum Parchment or Paper upon which any Co[m]mon Baile to be filed in any Court whatsoever and upon which any appearance that shall be made upon such Baile shall be ingrossed or written the su[m]me of Six pence: which appearance or co[m]mon Baile the Defendant shall cause to be entered or filed within Eight dayes after the Returne of the Processe on which the Defendant was arrested upon Penalty of Five pounds to be paid to the Plaintiffe for which the Court shall imediately award Judgment whereupon the Plaintiffe may take out Execuc[i]on:-

Rules of Court.

For every Peice of Velum Parchment or Paper upon which any Rule or Order made or given in any of the Courts att Westminster either Courts of Lawe or Equity shall be ingrossed or written the su[m]me of Six pence:-

Copies of Rules.

For every Peice of Velum Parchment or Paper upon which any Copy of such Rules or Orders entered or the Copies of any other Records or Proceedeings in any of the said Courts att Westminster not hereby otherwise charged shall be ingrossed or written the su[m]me of Six pence:-

Citations, Inventories, &c.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which shall be ingrossed or written any Citac[i]on or Monic[i]on made in any Ecclesiasticall Court or any Libell or Allegac[i]on Deposic[i]on Answere Sentence or Finall Decree or any Inventory exhibited in any Ecclesiasticall Courte [or (fn. 6) ] Courts of Admiralty or Cinque Ports or whereupon any Copies of them respectively shall be ingrossed or written the su[m]me of Six pence:-

Charterparty, &c.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Charter-party Policy of Assureance Passport Bond Release Contract or other Obligatory Instrument or any Protest Procurac[i]on Letter of Attorney or any other Notariall Act whatsoever shall be ingrossed or written the su[m]me of Six pence:-

Declarations, &c.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Declarac[i]on Plea Replicac[i]on Rejoynder Demurrer or other Pleadings whatsoever in any Court of Lawe shall be ingrossed or written the su[m]me of One penny:- And for every Skinn or Piece of Velum or Parchment upon which any Copy thereof shall be written or ingrossed the su[m]me of One penny:-

Depositions in Equity; Exception.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which any Deposic[i]ons taken in the Court of Chancery or other Court of Equity (excepte the Paper Draughts of Deposic[i]ons taken by virtue of any Co[m]mission before they are ingrossed) which are not herein before charged or upon which any Copy of any Bill Answere Plea Demurrer Replicac[i]on Rejoynder Interrogatories Deposic[i]ons or other Proceedeings whatsoever in any Courte of Equity shall be ingrossed or written the su[m]me of One penny:-

Copies of Wills.

For every Skinn or Peice of Velum or Parchment or Sheete of Paper upon which a Copy of any Will shall be ingrossed or written the su[m]me of One penny:-

II. Officers of Courts to set down upon the Writ the Day and Year, and enter it upon the Remembrance.

Penalty £10.

And for preventing Abuses co[m]mitted by arresting Persons without any Writt or Legall Processe to justifie the same by meanes whereof the Duty hereby given to the Crowne upon such Processe will be lost Be it enacted by the authority aforesaid That from and after the said Eight and twentieth day of June every Officer or Clerke belonging to the Courte of Kings-Bench Co[m]mon Pleas or Exchequer who shall signe any Writt or Processe before Judgment to arrest any person or persons thereupon shall att the signeing thereof sett downe upon such Writt or Processe the day and yeare of his signeing the same which shall be entered upon the Remembrance or in the Booke where the Abstracte of such Writt or Processe shall be entered upon paine to forfeite the su[m]me of Tenne pounds for every Offence or Neglect of such Officer or Clerke aforesaid to be recovered by any person who shall sue for the same in any of theire Majesties Courts of Record by Acc[i]on of Debte Bill Plainte or Informac[i]on wherein noe Wager of Lawe Protecc[i]on or Essoign or more then one Imparlance shall be allowed:-

III. Proviso for Bills of Exchange, &c.

[Provided alwaies that this Act or any thing therein conteined shall not extend to charge any Bills of Exchange Accompts Bills of Parcells Bills of Fees or any Bills or Notes (not sealed) for payment of money att sight or upon demand or att the end of certaine dayes of payment:- (fn. 7) ]

IV. Proviso for Probate of Will, &c. of Soldier and Seaman.

Provided that nothing in this Act conteined shall extend to charge the Probate of any Will or Letters of Administrac[i]on of any Co[m]mon Seaman or Soldier who shall be slaine or dye in theire Majesties Service a Certificate being produced from the Captaine of the Shipp or Vessell or Captaine of the Troope or Company under whome such Seaman or Soldier served att the time of his death and Oath made of the Truth thereof before the proper Judge or Officer by whome such Probate or Administrac[i]on ought to be granted which Oath such Judge or Officer is hereby authorized and required to administer and for which noe Fee or Reward shall be taken:-

V. King may appoint Commissioners.

Place of Head Office; Commissioners may appoint Officers; Six several Marks to be provided by Commissioners; The Marks may be changed.

And be it further enacted by the authority aforesaid that for the better and more effectuall levying collecting and paying unto theire Majesties theire Heires and Successors the severall [& respective (fn. 8) ] duties hereby granted Itt shall and may be lawfull for theire Majesties theire Heires and Successors under the Greate Seale of England from time to time to nominate and appointe such persons as they shall thinke fitt to be Co[m]missioners or Officers for the severall purposes herein after menc[i]oned And that the Co[m]missioners soe to be appointed shall keepe theire Head Office in some convenient place within the Cityes of London or Westminster And the said Co[m]missioners or the major parte of them are hereby impowered under theire Hands and Seales to appointe such other inferior Officers for the markeing or stamping of Velum Parchment and Paper or for the better collecting and levying the dutyes hereby granted to theire Majesties as they in theire discrec[i]ons shall thinke fitt: And the said Co[m]missioners shall by the space of Thirty dayes before the said Eight and twentieth day of June which shall be in the yeare of our Lord One thousand six hundred ninety four provide Six severall Markes or Stamps differing from each other for the severall and respective dutyes hereby granted with which severall Markes or Stamps all Velum Paper and Parchment upon which any of the severall and respective things herein before charged shall be ingrossed or written shall be stampt and impressed (that is to say) One Stampe or Marke with which all Velum Paper and Parchment herein before charged with the payment of Forty shillings for every Skinn Peice or Sheete shall be stampt or markt: And one other Stampe or Marke with which all Vellum Parchment and Paper herein before charged with the payment of Five shillings for every Skinn Sheete or Peice as aforesaid shall be marked and stamped: One other Marke or Stampe with which all Vellum Parchment and Paper charged as aforesaid with the payment of Two shillings and Six pence for every Skinn Sheete or Peice shall be markt and stampt and soe respectively a different [Marke (fn. 8) ] or Stampe with which all Velum Paper and Parchment herein before charged with the payment of the severall dutyes of Twelve pence Six pence and One penny shall be severally and differently markt and stampt which said severall Markes and Stamps shall be published by Proclamac[i]on to be issued under the Greate Seale of England a convenient time before the said Eight and twentieth day of June to the end that all persons may have due notice thereof; And that the said Markes and Stamps or any of them shall or may be altered or renewed from time to time as theire Majesties theire Heires or Successors shall thinke fitt soe as publicke Notificac[i]on thereof be given by Proclamac[i]on as aforesaid:-

VI. Impression to be durable.

And be it further enacted by the authority aforesaid That the said Co[m]missioners in provideing the said Markes or Stamps shall take care they be soe contrived that the Impression thereof may be durable and soe as the same may be leaste lyable to be forged or counterfeited:-

VII. Parchment, &c. to be stamped before written.

And be it further enacted That all Vellum Parchment and Paper hereby intended to be charged with the severall and respective dutyes aforesaid shall before any of the matters or things herein before menc[i]oned shall be thereupon ingrossed or written be brought to the Head Office aforesaid or some other Sub-Co[m]missioner or Officer to be appointed by the Co[m]missioners as herein is directed for that purpose to be stamped and marked and the said Co[m]missioners Sub-Co[m]missioners and Officers aforesaid are hereby impowered and required forthwith upon demand to them made by any person or persons to stampe or marke any quantities or parcells of Velum Parchment or Paper he or they paying to such Officer or Officers as shall be appointed in that behalfe the respective dutyes hereby directed to be paid for the same to stampe and marke the same accordingly without any other Fee or Rewarde which Stampe or Marke shall be a sufficient discharge for the severall and respective Dutyes hereby granted upon the said Velum Parchment or Paper which shall be soe stampt or markt:-

VIII. Officer stamping before Duty paid.

Penalty £100.

And be it further enacted That if any Co[m]missioner or other Officer to be appointed as aforesaid shall fix any such Marke or Stampe to any Velum Parchment or Paper before the severall and respective dutyes thereupon charged by this Act shall be duely answered and paid or be secured to be paid to theire Majesties use he shall for every such Offence forfeite the su[m]me of One hundred Pounds one moiety thereof to theire Majesties and the other moiety to him or them that shall informe or sue for the same in any of theire Majesties Courts of Record by Bill Plaint or Informac[i]on wherein noe Essoigne Protecc[i]on Wager of Lawe or more then one Imparlance shall be allowed:-

IX. Writing upon Paper before stamped, or stamped with too low a Duty;

Penalty £500; Officer, &c. offending; Penalty; Attorney offending, Disability; No Instruments, &c. written before Paper stamped good, till £5 paid to the King and Money for the Stamp; Such Deed, &c. not Evidence; Receipt for the same produced on Oath; Counterfeiting Stamp or selling, Felony.

And be it further enacted That if any person or persons shall ingrosse or write or cause to be ingrossed or written upon any Velum Parchment or Paper any of the matters or things for which the said Velum Parchment or Paper is hereby charged to pay any Duty before such time as the said Velum Parchment or Paper shall be marked or stamped as aforesaid or upon which there shall not be some Stampe or Marke resembling the same or shall ingrosse or write or cause to be ingrossed or written any matter or thing upon any Velum Parchment or Paper that shall be marked or stamped for any lower duty then the duty by this Act payable for what shall be soe ingrossed or written such person soe offending shall for every such Offence forfeite the su[m]me of Five hundred pounds one moiety thereof to theire Majesties and the other moiety to him or them that will informe or sue for the same as aforesaid; And in case any Clerke Officer or Person who in respect of any publicke Office or Employment is or shall be entituled or entrusted to make ingrosse or write any Records Deedes Instruments or Writengs by this Act charged to pay a Duty as aforesaid shall be guilty of any Fraude or Practice to deceive theire Majesties of any dutye by this Act payable by makeing ingrosseing or writeing any such Record Deede Instrument or Writeing or causeing the same to be made ingrossed or written upon Velum Parchment or Paper not marked or stamped according to this Act or upon which there shall not be some Stampe or Marke resembling the same or upon Velum Parchment or Paper marked or stamped with any Marke or Stampe which he shall knowe to be counterfeited or by ingrosseing or writeing any such Deede Instrument or other Writeing upon Velum Parchment or Paper that shall be marked or stamped for a lower duty as aforesaid That then every such Clerke Officer or Person soe guilty of any such Fraude or Practice and being thereof lawfully convicted shall (over and above the penaltye aforesaid) forfeite his Office Place or Employment respectively and be disabled to hold or enjoye the same for the future And if any Attorney belonging to any Courte whatsoever shall be guilty of any such Fraude or Practice as aforesaid and be convicted thereof he shall be disabled for the future to practice as an Attorney; And if any Deede Instrument or Writeing whatsoever by this Act charged with the payment of a duty as aforesaid shall contrary to the true intente and meaneing thereof be written or ingrossed by any person or persons whatsoever (not being a knowne Clerke or Officer who in respecte of any publicke Office or Imployment is or shall be entituled to the makeing writeing or ingrosseing the same) upon Velum Parchment or Paper not marked or stamped according to this Act or upon Velum Parchment or Paper marked or stamped for a lower duty as aforesaid that then and in every such case there shall be due answered and paid to theire Majesties (over and above the dutye aforesaid) for every such Deede Instrument or Writeing the su[m]me of Five pounds; And no such Record Deede Instrument or Writeing shall be pleaded or given in Evidence in any Court or admitted in any Courte to be good usefull or availeable in Lawe or Equitye untill aswell the said duty as the said su[m]me of Five pounds shall be first paid to theire Majesties use and a Receipte produced for the same under the Hand or Hands of some of theire Majesties Officers which shall be appointed to receive the dutyes above menc[i]oned and untill the Velum Parchment or Paper on which such Deede Instrument or Writeing shall be written or made shall be marked or stamped with a lawfull Marke or Stampe and theire Majesties Officer or Officers last menc[i]oned are hereby enjoyned and required upon payment or tender of the said duty and su[m]me of Five pounds unto him or them to give a Receipte for the same and to marke or stampe the said Velum Parchment or Paper with the Marke or Stampe that shall be proper for such Deede Instrument or Writeing respectively and if any person or persons whatsoever shall att any time or times hereafter counterfeite or forge any Stampe or Marke to resemble any Stampe or Marke which shall be provided or made in pursuance of this Act or shall counterfeite or resemble the Impression of the same upon any Velum Parchment or Paper thereby to defraude theire Majesties theire Heires and Successors of any the dutyes hereby granted or shall utter vend or sell any Velum Parchment or Paper with such counterfeite Marke or Impression thereupon knowing such Marke or Impression to be counterfeited then every such person soe offending being thereof convicted in due Forme of Lawe shall be judged a Felon and shall suffer Death as in cases of Felony without the Benefitt of Clergye:-

X. Commissioners may appoint Observers in every Court, &c.

Judges may make Orders; Officers to take an Oath.

And be it further enacted by the authority aforesaid, That the Co[m]missioners to be constituted by theire Majesties theire Heires or Successors under the Greate Seale of England as aforesaid shall and may appointe a fitt person to attend in any Courte or Office to take notice of the Velum Parchment or Paper upon which any the matters or things aforesaid shall be ingrossed written or putt and of the markes or stamps thereupon and of all other matters and things tending to secure their Majesties dutyes ariseing by this Act and that the Judges in the several Courts and such others to whome it may appertaine att the requeste or requests of the said Co[m]missioners to be appointed by theire Majesties as aforesaid or of any two or more of them shall make such Orders in the respective Courts and doe such other matters and things for the better secureing of the said dutyes as shall be lawfully and reasonably desired in that behalfe; And that every person who shall be co[m]missionated by theire Majesties and every person to be employed by or under those comissionated by their Majesties for the markeing or stamping of Velum Parchment or Paper as aforesaid before his acting in the markeing or stamping of the said Velum Parchment or Paper shall take the Oath followeing (that is to say):-

The Oath.

I A. B. doe swear That I will faithfully execute the trust reposed in me pursuant to an Act of Parliament entituled An Act for granting to theire Majesties severall dutyes upon Velum Parchment and Paper for Four yeares towards carrying on the Warr against France; without fraud or concealement and shall from time to time true account make of my doeing therein and deliver the same to such person or persons as theire Majesties theire Heires or Successors shall appointe to receive such account; and shall take noe fee reward or profitt for the execuc[i]on or performance of the said Trust or the bussinesse relateing thereunto from any persons other then such as shall be paid or allowed by theire Majesties theire Heires or Successors or by the Co[m]missioners of theire Majesties Treasury or three of them now being or by the Treasurer of the Exchequer or three or more of the Co[m]missioners of the Treasury for the time being:-

By whom administered.

Which Oath shall and may be administred to any such Co[m]missioner or Co[m]missioners by any Two or more of the same Co[m]missioners which shall be appointed under the Greate Seale as aforesaid And any of the said Co[m]missioners shall and may administer the like Oath (mutatis mutandis) to the Sub-Co[m]missioners or other persons which shall be employed under them in the said businesse of marking or stamping:-

XI. Commissioners to observe the Orders of the Treasury;

to take care all Parts of the Kingdom have Parchment, &c. at the usual Rates.

And be it enacted That the said Co[m]missioners or Officers to be appointed by theire Majesties as aforesaid and all Sub-Co[m]missioners and Officers to be employed or intrusted by or under them as aforesaid shall from time to time in and for the better execuc[i]on of theire several Places and Trusts observe and performe such rules methods and orders as they respectively shall from time to time receive from the said Co[m]missioners of the Treasury now being or from the Treasurer of the Exchequer or Co[m]missioners of the Treasury for the time being And that the said Co[m]missioners to be appointed by theire Majesties as aforesaid shall take especiall care that the severall parts of this Kingdome and the Dominion of Wales and Towne of Berwicke upon Tweede shall from time to [time (fn. 9) ] be sufficiently furnished with Velum Parchment and Paper stamped or marked as aforesaid soe as theire Majesties Subjects may have it in theire elecc[i]on to buy the same of the Officers or Persons to be employed by the said Co[m]missioners att the usuall or most co[m]mon rates above the said Duty or to bring theire owne Velum Parchment or Paper to be stampt as aforesaid or to furnish themselves or others that shall have done the same:-

XII. Proviso for Paupers.

Provided alwaies and it is hereby further enacted That none of the rates imposic[i]ons or su[m]mes of money before in this Act expressed shall be raised levyed collected or paid or payable unto theire Majesties by virtue of this Act by any person or persons that shall be admitted to sue [or defend (fn. 9) ] in forma pauperis:-

XIII. Records, &c. writ as usual.

And to the end theire Majesties may not be defrauded of any the dutyes hereby granted be it enacted that all Records Writts Pleadings and other Proceedeings in Courts of Lawe and Equity and all Deedes Instruments and Writeings whatsoever hereby charged shall be ingrossed and written in such manner as they have beene usually accustomed to be written or are now written:-

XIV. Upon Renewal of Marks those that have Paper marked by them shall have it changed within 60 Days.

Penalty £100; Paper not brought in within that time of no Use; Writing on such Paper; Penalty.

Provided alwaies and be it further enacted that as often as theire Majesties theire Heires or Successors shall thinke fitt to alter or renewe the said Markes or Stamps or any of them it shall be lawfull for all persons who shall att that time have in theire custody or possession any Velum Parchment or Paper marked with the Marke or Stampe which shall be soe altered or renewed and upon which none of the matters or things hereby charged shall be ingrossed or written att any time within the space of sixty dayes after such intenc[i]on of renewing or altering shall be published by Proclamac[i]on as aforesaid to bring or send such Velum Parchment or Paper unto the said Co[m]missioners to the Head Office in London or Westminster or to such other Officers as shall be appointed as aforesaid; And the said Co[m]missioners and Officers respectively are hereby required to deliver or cause to be delivered unto the severall persons who shall soe bring and deliver any quantity of Velum Parchment or Paper the like quantity of Velum Parchment or Paper and as good in quality stampt with such newe Stampe or Marke without demanding or takeing directly or indirectly for the same any su[m]me of money, or other considerac[i]on whatsoever under the penalty of forfeiteing for every offence One hundred pounds to be sued for recovered and divided in such manner as the other penalties in this Act are directed to be sued for recovered and divided; And in case any person shall neglect or refuse within the time aforesaid to bring or cause to be brought and delivered unto the said Co[m]missioners or Officers as aforesaid any such Velum Parchment or Paper the same is hereby declared to be of noe [other (fn. 9) ] effecte or use then if it had never beene stampt and that all matters or things which shall after that time be ingrossed or written thereon shall be of noe other effecte then if they had beene ingrossed or written on Velum Parchment or Paper not marked or stampt at all And all persons who shall ingrosse or write any the matters or things hereby charged on such Velum Parchment or Paper after the said time shall forfeite and suffer as herein before is enacted for persons writeing or ingrosseing on Velum Parchment or Paper not markt or stampt:-

XV. Credit of Loan for £330,000 at £8 per Cent.

And be it enacted by the authority aforesaid That it shall and may be lawfull to and for any person or persons Natives or Forreigners Bodies Politicke or Corporate to advance and lend to theire Majesties into the Receipte of theire Exchequer upon the creditt of this Act any su[m]me or su[m]mes of money not exceedeing the su[m]me of Three hundred and thirty thousand pounds in the whole and to have and receive for the forbearance of all such moneyes as shall be lent interest not exceedeing the rate of Eight pounds per Centum per Annu[m]:-

XVI. Officers to keep distinct Account and make weekly Payment.

Penalty.

And be it further enacted and ordained by the authority aforesaid that all and every the Officer and Officers who shall be concerned in the levying collecting and receiveing the dutyes ariseing by this Act doe keepe a seperate and distinct account thereof and pay the same in specie into the Receipte of theire Majesties Exchequer weekely, on Wednesday in every weeke unlesse it be an holy-day and then the next day after which shall not be an holy-day; and upon neglect or refusall of the same shall incurr the penalties forfeitures damages and costs as other the Officers of the Exchequer herein after menc[i]oned shall be lyable to which moneyes soe paid in shall be applyed to the uses hereafter menc[i]oned in this Act and noe otherwise:-

XVII. Distinct Books of Receipts in the Exchequer.

Tally and Order to the Lender; Orders registered and paid in course; Monies not to be diverted; Officer taking Fee or paying out of course; Penalty; Undue Preference by Officer; Penalty; by Deputy; Penalty; Auditor, &c. offending; Penalty; Penalties how recovered.

And be it further enacted by the authority aforesaid that there shall be provided and kepte in theire Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipt one booke in which all moneyes that shall be paid into the Exchequer by virtue of this Act shall be entered and registered aparte and distincte from all other moneyes paid or payable to theire Majesties upon any account whatsoever; and that all and every person and persons Natives or Forreigners Bodyes Politicke or Corporate who shall lend any money to theire Majesties upon the creditt of this Act and pay the same into the Receipte of the Exchequer shall imediately have a Tally of Loan struck for the same and an Order for his or theire repayment beareing the same date with the Tally in which Order shall [also be (fn. 10) ] contained a warrant for payment of interest for forbearance not exceedeing the rates aforesaid for his or theire considerac[i]on to be paid every three months untill the repayment of his or theire principall; And that all Orders for repayment of money shall be registered in course according to the date of the Tally respectively without p[re]ference of one before another; And that all and every person and persons shall be paid in course according as theire Orders shall stand registered in the said booke soe as that the person Native or Forreigner his or theire Executors Administrators or Assignes who shall have his her or theire Order or Orders first entered in the said Booke shall be taken and accounted as the first person to be paid upon the moneys to come in by virtue of this Act and he or they who shall have his or theire Order or Orders next entered shall be taken and accounted to be the second person to be paid and soe successively and in course; and that the moneys to come in by this Act shall be in the same order lyable to the satisfacc[i]on of the said respective Parties theire Executors Administrators or Assignes successively without p[re]ference of one before another and not otherwise and not to be divertible to any other use intent or purpose whatsoever And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any of theire Majesties Subjects for provideing or makeing any such Bookes Registers Entries [Views (fn. 11) ] or Search as aforesaid or in or for the payment of moneye lent or the interest as aforesaid by any of theire Majesties Officer or Officers theire Clerks or Deputyes on paine of payment of treble damages to the party greived, by the party offending with Costs of Suite or if the Officer himselfe take or demand any such Fee or Reward then to lose his place alsoe; And if any undue p[re]ferrence of one before another shall be made either in pointe of registry or payment contrary to the true meaneing of this Act by any such Officer or Officers then the party offending shall be lyable by Acc[i]on of Debt or on the Case to pay the value of the debt damages and costs to the party greived and shall be forejudged from his place or office; And if such p[re]ference be unduely made by his Deputy or Clerke without direcc[i]on or privitye of his Master then such Deputy or Clerke only shall be lyable to such Acc[i]on Debt Damages and Costs and shall be for ever after uncapable of his place or office And in case the Auditor shall not directe or the Clerke of the Pells record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeite and theire respective Deputies and Clerks herein offending to be liable to such Acc[i]on Debt Damages and Costs in such manner as aforesaid; All which said penalties forfeitures damages and costs to be incurred by any of the Officers aforesaid or any theire Deputyes or Clerks shall and may be recovered by Acc[i]on of Debt Bill Plainte or Informac[i]on in any of theire Majesties Courts of Record att Westminster wherein noe Essoign Protecc[i]on Privilege Wager of Lawe Injuncc[i]on or Order of Restrainte shall be in any wise granted or allowed:-

XVIII. What shall not be Preference.

Provided alwaies and be it hereby declared That if it happen that severall Tallyes of Loan or Orders of Payment as aforesaid beare date or be brought the same day to the Auditor of the receipte to be registered then it shall be interpretted noe undue p[re]ference which of those he enters first soe he enters them all the same day:- Provided alsoe that it shall not be interpreted any undue p[re]ference to incurr any penaltye in point of payment if the Auditor direct and the Clerke of the Pells record and the Teller do pay subsequent Orders of persons that come and demand theire moneye and bring theire Order before other persons that did not come and demand theire money and bring theire Order in their course soe as there may be soe much money reserved as will satisfie p[re]cedent Orders which shall not be otherwise disposed but kepte for them (interest upon Loan being to cease from the time the money is soe reserved and kepte in Banke for them):-

XIX. Orders assignable.

Memorial thereof without Fee; Assignee may assign.

And be it further enacted by the authority aforesaid That every person or persons to whome any moneys shall be due by virtue of this Act after Order entered in the Booke of Register aforesaid for payment thereof his Executors Administrators or Assignes by endorsment of his Order may assigne and transferre his Right Title Interest and Benefitt of such Order or any parte thereof to any other which being notified in the Office of the Auditor of Receipte aforesaid and an Entry or Memoriall thereof alsoe made in the Booke of Register aforesaid for Orders which the Officer shall upon Request without Fee or Charge accordingly make) shall entitule such Assignee his Executors Administrators or Assignes to the Benefitt thereof and payment thereon; And such Assignee may in like manner assigne againe and soe toties quoties and afterwards it shall not be in the power of such person or persons who have or hath made such Assignments to make void release or discharge the same or any the moneys thereby due or any parte [there (fn. 12) ]:-

XX. Provision for Salaries.

Provided alwaies and be it enacted That it shall and may be lawfull to and for theire Majesties theire Heires and Successors out of the dutyes ariseing by this Act to cause such su[m]me and su[m]mes of money to be expended and paid from time to time for Salaries and other incident Charges as shall be necessary in and for the receiveing collecting levying or manageing of the same duties dureing the said terme therein by this Act granted any thing in this Act conteined to the contrary notwithstanding:-

XXI. Proclamation of Renewal to be within 20 Days.

Penalty upon Officers not publishing it.

Provided alwaies and be it further enacted That as often as theire Majesties theire Heires or Successors shall thinke fitt to alter the said Stamps or any of them that the Proclamac[i]on which is hereby directed to be made for giveing to all persons due notice thereof shall within Twenty dayes after the date thereof be sent to the Mayor Cheife Magistrate or other Head Officer of every City Corporac[i]on Borough and Markett Towne throughout the Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede which Officers respectively shall cause the same to be published to the Inhabitants of such City Corporac[i]on or Towne either on the next markett day or next Sunday in the Church imediately after the time of Divine Service upon paine of forfeiting the su[m]me of Two hundred pounds to be sued for by Accon of Debt Bill Plainte or Informac[i]on in any of theire Majesties Courts of Record att Westminster wherein noe Essoign Protecc[i]on Wager of Lawe Priviledge or more then one Imparlance shall be granted or allowed the one moiety of which Forfeiture to be to theire Majesties the other moietye to such person who shall sue for the same:-

XXII. The Auditor of the Imprest to take the Accounts of the Commissioners, &c. annually upon Oath.

The Accounts declared before the Treasurer, &c.

And be it enacted That the Co[m]missioners Receiver or Receivers Generall or other person or persons who are or shall be respectively employed in the directing receiveing collecting or paying the severall Imposic[i]ons upon Paper and Parchment and other Duties by this Act granted shall and are hereby required betweene the Eight and twentieth Day of June One thousand six hundred ninety five and the Nine and twentieth Day of September following and soe from yeare to yeare yearely att those times dureing the continuance of this Act to exhibitt theire respective Accounts thereof to theire Majesties Auditors of the Imprest for the time being or one of them who shall and are hereby from time to time respectively authorized to examine upon Oath the said Co[m]missioners Receiver or Receivers Generall or other Person or Persons Accomptants which shall be employed in raiseing receiveing or collecting the said Imposic[i]ons and Dutyes of what su[m]me or su[m]mes of money was or were by them or any of them respectively raised collected or received within the time of such theire Accounts and likewise what parte thereof [was (fn. 13) ] by them or any of them paid into theire Majesties receipte of Exchequer or by virtue of any Warrant of Privye Seale or Warrant of the Lord High Treasurer or Co[m]missioners of theire Majesties Treasury for the time being otherwise paid and to whome and for what service or services; And in makeing the said Accounts to and before the said Auditors or one of them they are to produce proper Vouchers for every su[m]me or su[m]mes of money soe by them or any of them raised received and paid according to the antient methods of the Exchequer; And to the end that it may appeare upon Record what the su[m]mes amounted to in the yeare for which such account or accounts are or shall be respectively made and what thereof was paid and to whome and for what use and service uses and services as aforesaid and what remaines unpaid and rests insuper upon each [respective (fn. 13) ] Receiver and Collector the ( (fn. 14) ) accounts soe to be taken by every of the said Auditors respectively is and are to be declared before the Lord Treasurer or Lords Co[m]missioners of the Treasury and Chancellor of the Exchequer now and for the time being according to the Course of the Exchequer in such Cases:-

Footnotes

  • 1. O. omits.
  • 2. the O.
  • 3. interlined on the Roll.
  • 4. or O.
  • 5. interlined on the Roll.
  • 6. the O.
  • 7. annexed to the Original Act in a separate Schedule.
  • 8. interlined on the Roll.
  • 9. interlined on the Roll.
  • 10. be also O.
  • 11. View O.
  • 12. thereof O.
  • 13. interlined on the Roll.
  • 14. account or O.