House of Commons Journal Volume 12: 28 April 1698

Jovis, 28 die Aprilis;

Decimo Gulielmi.

Prayers.

Davis's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act for vesting certain customary Messuages and Lands within the Manor of Gillingham, in the County of Dorsett, late the Estate of Thomas Davis Gentleman, deceased, in Trustees, to be sold, for Payment of Debts, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Mr. Hunt, Sir William Drake, Mr. Brewer, Mr. Lownds, Sir John Trevillion, Mr. Foley, Mr. Moyle, Sir Fran. Wyndham, Sir Edward Hungerford, Mr. Gauntlett, Mr. Pagit, Mr. Ashby, Sir Stephen Evans, Mr. Batiscomb, Mr. Blofeild, Sir Henry Colt, Mr. Morgan, Mr. Machell, Mr. Yates, Mr. Hedger, Mr. Philips, Sir John Philips, Sir William St. Quintin, Mr. Arnold, Mr. Baldwyn, Sir Robert Cotton, Sir William Lowther, Mr. Osborne, Mr. Fuller, Mr. England, Mr. Mounstevens, Mr. Brotherton, Mr. Gerrard, Mr. Gery, Mr. Watlington, Mr. Woodroffe; and all the Members that serve for the County of Dorsett, Somersett, Wilts, and Devon: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Duties on Marriages, &c.

Mr. Lowndes reported, from the Committee, to whom the Consideration of the Petition of several Persons, who lent Monies upon the Credit of the Act, made in the Year One thousand Six hundred and Ninety-five, for granting to his Majesty certain Rates and Duties upon Marriages, Births, and Burials, &c. was referred, the Matter, as it appeared to the said Committee, and the Resolutions of the Committee thereupon; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

That, upon Examination of the Matter, it did appear to the Committee, That the Duty, granted by the said Act, hath been so far from answering the Principal and Interest intended by the said Act, that the same hath not answered the Interest of the said Sum of 650,000 l. lent thereon.

That the Committee did inquire into the Causes of the Deficiency of the said Act; and, upon hearing the Agents of the Exchequer, do find the chief Causes to be;

1st, The Want of Justices of the Peace in remote Places; and the Negligence and Omission of several Justices of the Peace in the Execution of this Act.

2dly, There being no Provision in the Act to oblige Bachelors and Widowers to give an Account of their Names, Qualities, and Places of Abode; whereby a great Part of the Duty is totally lost.

3dly, The great Defects in the Registers that are kept; whereby Persons do not pay according to their Quality.

4thly, The frequent Removal of Persons liable to pay the Duty.

5thly, The Want of a Power to levy the Penalties of the said Act, by Warrant.

6thly, The Want of a Power to oblige the Collectors to give their Accounts upon Oath.

7thly, The Want of a Power to oblige all Persons to tender the Duties to the Collectors, within a certain time, under a Penalty; and to cause the Assessments to be delivered to the Commissioners every Three Months; and a Power to the King to farm the said Duties; and a greater Allowance to the Collectors.

And that thereupon the Committee came to these Resolutions; viz.

Resolved, That it is the Opinion of this Committee, That, in many Places, there being few Justices of the Peace to act for these casual Duties; and the Justices of the Peace having many new Trusts and Duties committed to them, by several Acts of Parliament; it is the Opinion of this Committee, That, for the Year 1698, the Persons nominated Commissioners for this Year's Land-Tax be also authorized for executing the Acts for the Duties upon Marriages, Births, Burials, Bachelors, and Widowers.

Resolved, That it is the Opinion of this Committee, That Bachelors and Widowers, liable to the Payment of the said Duties, shall be obliged, on or before the 24th Day of June next, to give an Account, in Writing, of their Names, Surnames, Qualities, and Places of Abode, to the Minister, or parochial Collector, where they reside respectively, under a Penalty; and so from time to time, upon Removal of such Persons, they shall be obliged to give the like Notice, to the Minister or Collector, of the Place to which they remove, within Three Months after their coming to such new Place or Residence.

Duties on Marriages, &c.

Resolved, That it is the Opinion of this Committee, That the Registers, to be kept pursuant to the said Acts, shall contain the Names, Qualities, and Places of Abode, of all Persons married, or liable to the Duties in the said Act, for Births or Burials, according to the best and most particular Information; and that the Persons, who ought to pay the said Duties, shall give, or cause to be given, to the Minister, the said Additions truly, under a Penalty to be inflicted in Default thereof.

Resolved, That it is the Opinion of this Committee, That, in case of Removal of any Person without Payment of the Duty, the Commissioners, or any Two of them, may certify such Default, under their Hands and Seals; and such Certificate to be sufficient Ground for the like Number of Commissioners, in any County or Place where such Person shall reside, to levy the Duty by Distress, in case of Nonpayment.

Resolved, That it is the Opinion of this Committee, That all Penalties be levied by Warrant of the Commissioners, or any Two of them, except the Penalty of 100l. for not keeping the Registers; and that to be levied in the manner the Act directs.

Resolved, That it is the Opinion of this Committee, That the Collectors for the said Duties do render their Accounts upon Oath, to be administered by Two or more Commissioners.

Resolved, That it is the Opinion of this Committee, That every Person, for the time to come, shall pay, or tender, the Duties to the Collector, within a certain time, under a Penalty.

Resolved, That it is the Opinion of this Committee, That the Assessments be brought to the Commissioners, or Justices, every Three Months, and allowed, and Duplicates thereof returned.

Resolved, That it is the Opinion of this Committee, That the King shall have Power, if his Majesty think it will be most for the Improvement of the said Duties, to farm the same.

Resolved, That it is the Opinion of this Committee, That the Allowance of Poundage to the said Collectors be increased, so as to bear some Proportion to their Pains.

The First Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That, in many Places, there being few Justices of the Peace to act for these casual Duties; and the Justices of the Peace having many new Trusts and Duties committed to them, by several Acts of Parliament; That, for the Year 1698, the Persons nominated Commissioners for this Year's Land Tax be also authorized for executing the Acts for the Duties upon Marriages, Births, Burials, Bachelors, and Widowers.

The Second Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That Bachelors and Widowers, liable to the Payment of the said Duties, shall be obliged, on or before the 24th Day of June next, to give an Account, in Writing, of their Names, Surnames, Qualities, and Places of Abode, to the Minister, or parochial Collector, where they reside respectively, under a Penalty; and so, from time to time, upon Removal of such Persons, they shall be obliged to give the like Notice, to the Minister or Collector of the Place to which they remove, within three Months after their coming to such new Place or Residence;

The House divided.

The Noes go forth.

So it passed in the Negative.

The Third, Fourth, Fifth, Sixth, Seventh, and Eighth Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The Ninth Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That the King shall have Power, if his Majesty think it will be most for the Improvement of the said Duties, to farm the same;

It passed in the Negative.

The Tenth Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the Allowance of Poundage to the said Collectors be increased, so as to bear some Proportion to their Pains.

Ordered, That a Bill be brought in upon the said Resolutions agreed unto by the House: And that Mr. Lowndes do prepare, and bring in, the Bill.

Privilege— a Person reprimanded and discharged.

Thomas Due, in Custody of the Serjeant at Arms attending this House, for prevaricating with, and refusing to give satisfactory Answers to such Questions as he was examined to by, the Committee, to whom the Petition of the Royal Lustring Company of England was referred, was, according to Order, brought to the Bar: Where he, upon his Knees, received a Reprimand from Mr. Speaker.

Ordered, That the said Thomas Due be discharged out of Custody, paying his Fees.

Supply Bill; Lottery Tickets.

Mr. Lowndes according to Order, presented to the House a Bill for the better and more orderly Payment of the Lottery-Tickets, now payable, out of certain additional Duties of Excise: And the same was received.

Duty on Coal.

A Petition was offered to the House against the Bill for laying a Duty upon inland Pit-coal:

And the Question being put, That the Petition be received;

It passed in the Negative.

Ways and Means.

Sir Thomas Littleton, according to Order, reported, from the Committee of the whole House, to whom it was referred to consider further of Ways and Means for raising the Supply granted to his Majesty, the Resolutions, which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That a further Duty be laid upon stamped Vellum, Parchment, and Paper.

Resolved, That it is the Opinion of this Committee, That the Duties already payable upon stamped Vellum, Parchment, and Paper, be doubled.

Resolved, That it is the Opinion of this Committee, That the Vellum, Parchment, or Paper, upon which any Registry, Entry, Testimonial, or Certificate, of any Degree taken in the Universities, or Inns of Court, shall be ingrossed or written, be excepted from the said double Duty.

Resolved, That it is the Opinion of this Committee, That the Vellum, Parchment, or Paper, upon which any Conveyance, Surrender of Grants or Offices, Release, or other Deed, to be inrolled, shall be ingrossed or written, be excepted from the said double Duty.

Resolved, That it is the Opinion of this Committee, That the Vellum or Parchment upon which any Writ of Covenant, for levying Fines, shall be ingrossed or written, be excepted from the said double Duty.

Resolved, That it is the Opinion of this Committee, That the Vellum or Parchment upon which shall be ingrossed or written any Writ of Entry, for suffering a common Recovery, be excepted from the said double Duty.

Resolved, That it is the Opinion of this Committee, That the Vellum, Parchment, or Paper, upon which shall be ingrossed or written any Habeas Corpus, be excepted from the said double Duty.

Resolved, That it is the Opinion of this Committee, That a Duty of Five Shillings be laid upon the Vellum, Parchment, and Paper, upon which shall be written or ingrossed any Consession of Pleas by the Attorney-General.

Resolved, That it is the Opinion of this Committee, That a Duty of Five Shillings be laid upon the Vellum, Parchment, or Paper, upon which shall be written or in grossed any Noli prosequi, or Cessat processus.

Resolved, That it is the Opinion of this Committee, That the said Duties be granted to his Majesty until the First Day of August 1706.

Resolved, That it is the Opinion of this Committee, That the several Duties upon Coffee, Tea, and Chocolate, and Spices, and other Duties, granted by an Act, intituled, An Act for granting to his Majesty several additional Duties upon Coffee, Tea, Chocolate, and Spices, towards Satisfaction of the Debts due for Transport-Service for the Reduction of Ireland, be continued.

Resolved, That it is the Opinion of this Committee, That the said Duties be continued for the Term of Three Years.

Resolved, That it is the Opinion of this Committee, That a Duty be laid upon all Hawkers and Pedlars, to commence from the Expiration of the present Duties upon them.

Resolved, That it is the Opinion of this Committee, That the said Duties be the same as are now payable.

Resolved, That it is the Opinion of this Committee, That the said Duties be granted for the Term of Three Years.

The said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That a Bill or Bills be brought in upon the said Resolutions: And that Mr. Attorney-General, Mr. Solicitor-General, Sir Thomas Littleton, and Mr. Lowndes, do prepare, and bring in, the Bill.

Supply Bill; Duty on Coals.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill for granting to his Majesty several Duties upon Coals and Culm.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had gone through the Bill, and made several Amendments thereunto; which they had directed him to report, when the House will please to receive the same.

Ordered, That the Report be made upon Saturday Morning next.

And then the House adjourned till To-morrow Morning, Nine a Clock.