Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
This free content was digitised by double rekeying. Public Domain.
'William III, 1697-8: An Act for granting to His Majesty His Heires & Successors further Duties upon Stampt Vellum Parchm[en]t. & Paper. [Chapter XXV. Rot. Parl. 9 Gul. III. p. 5. n. 1.]', in Statutes of the Realm: Volume 7, 1695-1701, ed. John Raithby( s.l, 1820), British History Online https://prod.british-history.ac.uk/statutes-realm/vol7/pp386-393 [accessed 23 November 2024].
'William III, 1697-8: An Act for granting to His Majesty His Heires & Successors further Duties upon Stampt Vellum Parchm[en]t. & Paper. [Chapter XXV. Rot. Parl. 9 Gul. III. p. 5. n. 1.]', in Statutes of the Realm: Volume 7, 1695-1701. Edited by John Raithby( s.l, 1820), British History Online, accessed November 23, 2024, https://prod.british-history.ac.uk/statutes-realm/vol7/pp386-393.
"William III, 1697-8: An Act for granting to His Majesty His Heires & Successors further Duties upon Stampt Vellum Parchm[en]t. & Paper. [Chapter XXV. Rot. Parl. 9 Gul. III. p. 5. n. 1.]". Statutes of the Realm: Volume 7, 1695-1701. Ed. John Raithby(s.l, 1820), , British History Online. Web. 23 November 2024. https://prod.british-history.ac.uk/statutes-realm/vol7/pp386-393.
In this section
Grant of Stamp Duties to the King, his Heirs, &c
Wee Your Majesties most dutiful & loyal Subjects the Co[m]mons in Parliament assembled being desirous to raise such Aids and Supplies as may be proportionable to Your Majesties great and extraordinary Occasions do humbly present Your Majesty with the free Gift of the further Rates & Duties herein after mentioned and do beseech Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual & Temporal and Co[m]mons in Parliament assembled & by Authority of the same That from and after the First Day of August in the Yeare of our Lord One thousand six hundred ninety eight there shall be throughout the Kingdome of England Dominion of Wales and Town of Berwick upon Tweed raised collected & paid unto His Majesty His Heires and Successors for ever the several and respective Things herein after mentioned which shall be written or ingrossed at any Time or Times after the said First Day of August One thousand six hundred ninety eight (over and above the Rates [and (fn. 1) ] Dutyes and Sums of Money now due and payable to His Majesty or to any Person or Persons Bodies Politick or Corporate whatsoever for the same) the several and respective Rates Impositions Duties Charges and Sums of Money herein after expressed in Manner and Forme following (that is to say).
Duties on Grants or Letters Patents, &c.
For every Skin or Peice of Vellum or Parchment on which any Grants or Letters Patents under the Great Seale of England or the Seal of the Dutchy or the County Palatine of Lancaster of any Honour Dignity Promotion Franchise Liberty or Priviledge to any Person or Persons Bodies Politick or Corporate or Exemplifications of the same shall be ingrossed or written (Co[m]missions of Rebellion in Process always excepted) the Sum of Forty Shillings.
Pardons, &c. (except Newgate Pardons, &c.)
For every Skin or Peice of Velum Parchment or Sheet of Paper on which any Pardon (except the General Circuits and Newgate Pardon) of or for any Crime or Offence [or of (fn. 2) ] any Sum [of Money (fn. 2) ] or Forfeiture whatsoever or on which any Warrant of Repreive or Relaxation from any Fines Corporal Punishments or other Forfeiture shall be ingrossed or written the Sum of Fourty Shillings.
Grant of Money, &c.
For every Skin of Velum or Parchment or Sheet of Paper upon which any Grant from His Majesty His Heires or Successors of any Sum of Money exceeding One hundred Pounds which shall pass the Great Seal ( (fn. 3) ) (not directed to the Great Seal) shall be ingrossed or written the Sum of Fourty Shillings.
Grant of Office above £50 per Ann.
For every Skin of Velum or Parchment or for every Sheet of Paper upon which any Grant of any Office or Imployment which [shall (fn. 1) ] be above the Value of Fifty Pounds per Annum shall be written or ingrossed the Sum of Fourty Shillings.
and of Lands in Fee, &c. under the Great Seal, &c
For every Skin of Velum or Parchment on which any Grant of Lands in Fee Lease for Years or other Grant of Profit not herein particularly charged that shall passe the Great Seal of England the Seal of the Exchequer the Seal of the Dutchy or County Palatine of Lancaster or the Privy Seal (not directed to the Great Seal) shall be ingrossed or written the Sum of Fourty Shillings.
Presentation or Donation, &c. Proviso.
For every Skin or Peice of Velum or Parchment or Sheet of Poper upon which any Presentation or Donation which shall pass the Great Seal of England or upon which any Collation to be made by any Arch-Bishop or other Bishop or any Presentation or Donation to be [made (fn. 4) ] by any Patron whatsoever of or to any Benefice Dignity or Spiritual or Ecclesiastical Promotion whatsoever shall be ingrossed or written the Sum of Fourty Shillings (Provided such Benefice Dignity or Promotion be of the yearly Value of Ten Pounds or above in the Kings Books).
Dispensation to hold Two Benefices
For every Skin or Peice of Velum or Parchment or Sheet or Peice of Paper on which any Dispensation to hold Two Ecclesiastical Dignities or Benefices or both a Dignitie and a Benefice or any other Dispensation or Faculty from the Lord Arch-Bishop of Canterbury or the Master of the Facultys for the time being shall be ingrossed or written the Sum of Fourty Shillings.
Admittance to Fellowship, or Attorney, &c
For every Skin or Piece of Velum or Parchment Sheet or Piece of Paper upon which Admittance of any Fellow of the College of Physicians or of any Attorney Clerk Advocate Procter Notary or other Officer or Officers in any Court whatsoever shall be ingrossed or written the Sum of Fourty Shillings.
Annual Officers in Corporations, &c. exempted
Provided That this Act shall not be extended to charge with the Duty last mentioned any annual Officer in any Corporation or inferior Court whose Office is under the Value of Ten Pounds per Annum in Sallaries Fees or other Perquisites but the said annual Officer is hereby exempted and discharged from the said Duty.
Appeal from the Admiralty, Arches, &c
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which any Appeal from the Court of Admiralty Arches or the Prerogative Courts of Canterbury or York shall be ingrossed or written the Sum of Fourty Shillings.
Exemplifications
For every Skin of Velum or Parchment upon which any Exemplification of what Nature soever that shall pass the Seal of any Court whatsoever shall be ingrossed or written the Sum of Five Shillings.
Decree in Chancery, Exchequer, &c
For every Skin of Velum or Parchment or Sheet 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 Counties Palatine of Chester Durham or other Court of Equity whatsoever shall be ingrossed or written the Sum of Six Pence.
Institution or Licence under Bishop's Seal, &c
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which any Institution or Licence that shall pass the Seal of any Archbishop or Bishop Chancellor or other Ordinary or any Ecclesiastical Court whatsoever shall be ingrossed or written the Sum of Five Shillings.
Writ of Error, Certiorari, &c
For every Skin or Peice of Vellum or Parchment or Sheet of Paper upon which any Writt of Error Certiorari or Appeal (except to the Deligates) shall be ingrossed or written the Sum of Five Shillings.
Significavit, &c
For every Skin Piece of Velum Parchment or Sheet of Paper upon which any Significavit pro Corporis deliberatione shall be ingrossed or written the Sum of Five Shillings.
Sentence in the Admiralty, &c
For every Skin or Piece of Velum or Parchment or Sheet or Piece of Paper upon which any Sentence that shall be given in the Court of the Lord High Amiral of England or the Cinque-Ports exerciseing Admiralty Jurisdiction or upon any Attachment that shall be made out of any of the said Courts of Admiralty [or any Relaxation of any such Attachment (fn. 5) ] shall be ingrossed or written the Sum of Five Shillings.
Letters of Mart
For every Skin or Pieice of Velum or Parchment or Sheet or Piece of Paper upon which any Letters of Mart shall be ingrossed or written the Sum of Five Shillings.
Probates of Wills, Administrations, &c
For every Skin or Piece of Velum or Parchment or Piece of Paper upon which any Probate of a Will or Letters of Administration for any Estate above the Value Twenty Pounds shall be ingrossed or written the Sum of Five Shillings.
Recognizance, Statute Staple, &c
For every Skin or Piece of Velum or Parchment Sheet or Piece of Paper upon which any Recognizance Statute Staple or Statute Merchant shall be ingrossed or written or entred of Record in any Court or Office the Sum of Five Shillings.
Nisi Prius or Postea
For any Skin or Piece of Velum or Parchment upon which any Record of Nisi prius or Postea shall be ingrossed or written the Sum of Two Shillings and Six Pence.
Judgments
For every Skin [or (fn. 5) ] Piece 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 Clerk or any other Officer belonging to any of the Courts at Westminster who have Power or usually doth or shall sign Judgments the Sum of Two Shillings and Six Pence.
Ecclesiastical Commission, &c.
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which any Commission issuing out of any Ecclesiastical Court not herein otherwise particularly charged shall be ingrossed or written the Sum of Two Shillings and Six Pence.
Admiralty or Cinque Ports Warrant or Decree, or beneficial Warrant, &c.
For every Skin or Peice of Velum or Parchment or Sheet of Paper upon which any Warrant Monition or personal Decree in any Court of Admiralty or the Cinque Ports shall be ingrossed or written or upon which any beneficial Warrant or Order under the Sign Manual of His Majesty His Heires or Successors (except Warrants or Orders for the Service of the Navy Army and Ordnance) shall be ingrossed or written the Sum of Two Shillings and Six Pence.
Special Bail or Appearance.
For every Piece of Velum Parchment or Paper upon which any Special Bail 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 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 Special Bail the Sum of One Shilling.
Bill, Answer, Replication, &c.
For every Skin or Piece of Velum or Parchment upon which shall be ingrossed or written any Bill Answer Replication Rejoyder Interrogatories Depositions taken by Commission or any other Pleadings whatsoever in the Courts of Chancery Exchequer Dutchy Court and County Palatine Courts or other Courts of Equity the Sum of One Shilling.
Admission, &c.
For every Skin or Piece of Velum or Parchment and for every Sheet or Piece of Paper upon which any Admission into any Corporation or Company or any Matriculation 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 Sum of One Shilling.
Affidavit. Exception.
For every Piece of Parchment or Paper upon which any Affidavit shall be ingrossed or written (except Affidavits taken pursuant to several Acts made in the Thirtieth and Two and thirtieth Years of the Reign of King Charles the Second for burying in Woollen and except such Affidavits as shall be taken before the Officers of the Customs 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 & levying any Aids or Duties granted or to be granted to His Majesty His Heires or Successors and which Affidavits shall be taken by the said Officers of the Customs Justices or Commissioners by vertue of their Authority as Justices of the Peace or Co[m]missioners respectively and not otherwise) the Sum of Six Pence.
Copy of Affidavit filed, &c.
( (fn. 6) ) For every Piece of Parchment or Paper upon which any Copy of such Affidvit as is herein before charged that shall be filed or read in any Court whatsoever shall be ingrossed or written the Sum of Six Pence.
Indenture, Lease, &c.; Exception.
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which shall be written or ingrossed any Indenture Lease or Deed Poll not hereby otherwise charged the Sum of Six Pence (except Indentures for binding poor Parish Children Apprentices).
Original Writ, Subpœna, &c.
For every Piece of Velum or Parchment or Peice of Paper upon which any original Writt (except such Originall on which a Writt of Capias issues) Subpena Bill of Middlesex Latitat Writt of Capias Quo Minus Writt of Dedimus Potestatem to take Answers examine Witnesses or appoint Guardians or any other Writt whatsoever or any other Process or Mandate that shall issue out of or pass the Seals of any the Courts at Westminster Courts of the Great Sessions in Wales Courts in Countys 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 (Writts of Covenant for levying Fines Writts of Entry for suffering Co[m]mon Recoveries and Writts of Habeas Corpus always excepted) the Sum of Six Pence.
Entry of Action in Mayor's Court, &c.
For every Pieice of Velum Parchment or Paper upon which any Entry of any Action in the Mayors and Sheriffs [Cours (fn. 7) ] of London and in Courts in all Corporations and other Courts whatsoever out of which no Writts Process or Mandates issue holding Plea where the Debt or Damage doth amount to Forty Shillings or above shall be ingrossed or written the Sum of Six Pence.
Common Bail or Appearance.
For every Piece of Velum Parchment or Paper upon which any Co[m]mon Bail to be filed in any Court whatsoever and upon which any Appearance that shall be made upon such Bail shall be ingrossed or written the Sum of Six Pence which Appearance or Co[m]mon Bail the Defendant shall cause to be entred or filed within Eight [Days (fn. 8) ] after the Day upon which the Process on which the Defend[en]t. is arrested shall be returnable upon Penalty of Five Pounds to be paid to the Plaintiffe for which the Court shall imediately award Judgment whereupon the Plaintiff may take out Execution.
Rule of Court.
For every Piece of Velum Parchment or Paper upon which any Rule or Order made or given in any the Courts at Westminster either Courts at Law or Equity shall be ingrossed or written the Sum of Sixpence.
Copy.
For every Piece of Velum Parchment or Paper upon which any Copy of such Rules or Orders entred or the Copys of any other Records or Proceedings in any of the said Courts at Westminster not hereby otherwise charged shall be ingrossed or written the Sum of Six Pence.
Ecclesiastical Monition, Libel, &c.; Copy. &c.
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which shall be ingrossed or written any Citation or Monition made in any Ecclesiastical Court or any Libell or Allegation Deposition Answer Sentence or final Decree or any Inventory exhibited in any Ecclesiastical Court the Courts of Admiralty or Cinque-Ports or whereupon any Copys of them respectively shall be ingrossed or written the Sum of Sixpence.
Charter Party, Policy of Assurance, &c.
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which any Charter Party Policy of Assurance Pasport Bond Release Contract or other Obligatory Instrument or any Protest Procuration Letter of Attorney or any other Notaryal Act whatsoever shall be ingrossed or written the Sum of Six Pence.
Declaration, Plea, &c.
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which any Declaration Plea Replication Rejoynder Demurrer or other Pleadings whatsoever in any Court of Law shall be ingrossed or written the Sum One Penny.
Copy.
And for every Skin or Piece of Velum or Parchment upon which any Copy thereof shall be written or ingrossed the Sum of One Penny.
Depositions in Chancery, &c. Exception.
For every Skin of Velum or Parchment or Sheet of Paper upon which any Depositions taken in [the Court of Chancery (fn. 8) ] or other Court of Equity (except the Paper Draughts of Depositions taken by vertue of any Co[m]mission before they [are (fn. 8) ] ingrossed) which are not herein before charged or upon which any Copy of any Bill Answer Plea Demurrer Replication Rejoynder Interrogatories Depositions or other Proceedings whatsoever in any Court of Equity shall be ingrossed or written the Sum of One Peny.
Copy of Will.
For every Skin or Piece of Velum or Parchment or Sheet of Paper upon which a Copy of any Will shall be ingrossed or written the Sum of One Peny.
II.
Officer to date Writ of Arrest; and enter the same,; Officer neglecting, Penalty £10.
And for preventing Abuses co[m]mitted by arresting Persons without any Writt or legall Process to justifie the same by Means whereof the Duty hereby given for ever to the Crown upon such Process will be lost. be it enacted by the Authority aforesaid That from and after the said First Day of August One thousand six hundred ninety eight every Officer or Clerk belonging or which shall hereafter belong to the Court of Kings Bench Co[m]mon Pleas or Exchequer who shall sign any Writt or Process before Judgment to arrest any Person or Persons thereupon shall at the signing thereof set down upon such Writt or Process the Day and Year of [his (fn. 9) ] signing the same which shall be entred upon the Remembrance or in the Book where the Abstract of such Writt or Process shall be entred: upon Pain to forfeit the Sum of Ten Pounds for every Offence or Neglect of such Officer or Clerk aforesaid to be recovered by any Person who shall sue for the same in any Court of Record of His Majesty His Heires or Succes srs by Action of Debt Bill Plaint or Information wherein no Wager of Law Protection or Essoign or more than One Imparlance shall be allowed.
III. Proviso for certain Bills of Exchange, &c.
Provided always That this Act or any thing therein contained shall not extend to charge with the said Duties or any of them any Bills of Exchange Accounts Bills of Parcell Bills of Fees or any Bills of Notes (not sealed) for Payment of any Money at Sight or upon Demand or at the End at certain Days of Payment.
IV. And for Seamen and Soldier's Wills,; on Certificate and Oath of being in the Service at the Time of Death.
Provided That nothing in this Act contained shall extend to charge with the said Dutyes or any of them the Probate of any Will or Letters of Administration of any co[m]mon Seaman or Soldier who shall be slain or dye in the Service of His Majesty His Heires or Successors a Certificate being produced from the Captain of the Ship or Vessel or Captain of the Troop or Company under whom such Seaman or Soldier served at the Time of his Death and Oath made of the Truth thereof before the proper Judge or Officer by whom such Probate or Administration ought to be granted which Oath such Judge or Officer is hereby authorized and required to administer and for which no Fee or Reward shall be taken.
V.
And for Recognizances before Justices, Surrenders of Copyholds, &c.
Provided also, That this Act or any Clause therein contained shall not be construed to charge with any Duty any Warrant made by or Recognizance taken before any Justice or Justices of the Peace or any Surrender of any Copyhold Estate or Copies of such Estate or any Proceedings of any Court Marshal which relate to any Tryal of any co[m]mon Soldier or any Orders Decrees or Proceedings before any Co[m]missioners of Sewers or in the Court of Stannerys but such Warrants Recognizances Surrenders Copys Orders Decrees and Proceedings shall and are hereby declared to be exempted from the Payment of any the Duties before mentioned in this Act.
VI. Sea Officers to pay the same Duty as Land Officers.
Provided also and it is hereby enacted and declared by the Authority aforesaid That the Officers at Sea shall by this Act pay the same Duty for their Stamps that the Officers of the Army at Land pay by this Act and no more upon the same Act only Any thing herein contained to the contrary notwithstanding.
VII. Duties redeemable by Parliament.
And it is hereby declared That all the Duties by this Act granted to His Majesty His Heires and Successors shall nevertheless be subject and lyable to such Condition and Power of Redemption by Parliament as by any Act of this Session is or shall be declared and provided.
VIII.
Commissioners of Stamps to be appointed, &c; Head Office to be kept in London or Westminster; Commissioners to appoint inferior Officers.
And be it further enacted by the Authority aforesaid That for the better and more effectual levying collecting and paying unto His Majesty His Heires and Successors the several and respective Duties hereby granted for or upon stampt Velum Parchment and Paper it shall and may be lawful for His Majesty His Heires and Successors and to and for the Co[m]missioners of the Treasury or any Three or more of them or the High Treasurer of England for the time being from time to time to nominate and appoint such Persons as they shalt think fit to be Co[m]missioners or Officers for the stamping and marking of Parchment Velum and Paper and manageing the Duties thereupon pursuant to this Act. And that the Co[m]missioners soe to be appointed shall keep their Head Office in some convenient Place within the Cities of London or Westminster and such Co[m]missioners or the major Part of them are hereby impowered under their Hands and Seals to appoint such other inferior Officers for the marking or stamping of Velum Parchment and Paper or for the better collecting or levying the Duties hereby granted to His Majesty His Heires and Successors as they in their Discretion shall think fit. And the same Co[m]missioners shall provide from time to time Marks or Stamps proper for the marking and stamping of Velum Parchment and Paper according to which Marks or Stamps the Kings Dutys ought to be paid.
IX. 5 & 6 W.&M.c.21. 8 & 9 W. III. c.20. § 12.
And whereas such or the like Duties as are by this Act charged for ever upon the several Skins Sheets or Pieces of Velum Parchment and Paper herein before enumerated or mentioned are also charged upon and payable for the same respectively until the First Day of August One thousand seven hundred and six by several former Acts of Parliament in that Behalfe. so that in Effect the Duties (as to ( (fn. 10) ) Skins Sheets or Peices of Velum Parchment and Paper in this Act before particularly expressed) are doubled until the said First Day of August One thousand seven hundred and [six (fn. 9) ] but the said Duties by the said former Acts and those by this thereupon are appropriated or applicable to different Purposes soe that it is necessary to have distinct Accounts kept of the same. Now for the better secureing His Majestys Dues and for distinguishing of such Skins Sheets or Pieces of Velum Parchment and Paper as are doubly charged as aforesaid from those which remain lyable only to the single Duties on the said former Acts: and to the Intent that the said Duties upon this and the said former Acts upon Velum Parchment and Paper may be issued and applied to the respective Uses to which they are severally appropriated or intended.
Every Skin of Vellum, Parchment, &c. liable to Double Duty, and being once stamped, to be stamped with a Second Mark before being wrote upon; except such as are liable only to single Duty.
Be it further enacted by the Authority aforesaid That all Velum Parchment and Paper herein before charged and whereof the Duties are hereby intended to be doubled for a Time as aforesaid shall before any of the Matters or Things herein before mentioned to be thereupon ingrossed or written (such Writeing or ingrossing being after the said First Day of August One thousand six hundred ninety eight and before the said First Day of August One thousand seven hundred and six) be first brought to the Head Office for the said Duties to be stamped and marked with Two Marks or Impressions (that is to say) every [such (fn. 11) ] Skin Sheet or Piece of Velum Parchment and Paper having One Mark or Stamp set thereupon pursuant to the said former Acts or any of them before the Writeing or ingrossing any of the Matters or Things as aforesaid thereupon shall be brought to the said Office to be stamped with a Second Mark or Impression of the same Kind. And every Skin Sheet or Piece of Velum Parchment or Paper having not been stamped or marked with a single Stamp or Mark pursuant to the said former Acts or any of them shall before the Writeing or ingrossing any of the [Matters (fn. 11) ] or Things as aforesaid thereupon tither the said First Day of August One thousand seven hundred & six be brought to the said Office to receive Two several Marks or Impressions [of the same Kind of all which double Marks or Impressions (fn. 11) ] the One shall denote the Duty by the said former Acts or some of them and the other the Dutie by this present Act thereupon. Except such Skins Sheets or Pieces of Velum Parchment and Paper which do still remain liable onely to the single Dutyes on the said former Acts during the Terms thereby granted and are to have only a single Mark or Stamp according to the Directions of the said former Acts namely.
Circuit or Newgate Pardon.
Every Skin or Piece of Velum Parchment or Sheet of Paper upon which any general Circuit or Newgate Pardon shall be ingrossed or written liable [only (fn. 11) ] to the single Duty of Fourty Shillings by the said former Acts.
Certificate of Degree in the Universities; except Bachelor of Arts.
Every Skin or Piece of Velum or Parchment or Sheet or Piece of Paper upon which any Register Entry Testimonial or Certificate of any Degree taken in either of the Two Universities or Four Inns of Court shall be ingrossed or written (the Register or Entry of the Degree of any Batchelor of Arts being always excepted) for which Skins Pieces or Sheets respectively a Duty of Fourty Shillings is payable by the said former Acts only during the Continuance thereof.
Conveyance or Surrender of Grants or Offices, &c.
Every Skin or Piece of Velum or Parchment or Sheet of Paper upon which any Conveyance Surrender of Grants or Offices Release or other Deed whatsoever shall be enrolled of Record in any of the Courts at Westminster or in any other Court of Record whatsoever or by any Custos Rotulorum or Clerk of the Peace shall be ingrossed or written whereof the Duty payable as aforesaid by the said former Acts is Five Shillings.
Marriage Licence.
Every Skin or Peice of Velum Parchment or Sheet or Peice of Paper upon which any Lycence for or Certificate of Marriage shall be ingrossed or written which are to be liable only to a Duty of Five Shillings by the said former Acts.
Writ of Covenant.
Every Piece of Velum or Parchment upon which any Writt of Covenant for levying of Fines shall be ingrossed or written whereof the Duty remaining upon the said former Acts is Five Shillings.
Writ of Entry.
Every Piece of Velum or Parchment upon which any Writt of Entry for suffering a common Recovery shall be engrossed or written which is subject to the like single Duty of Five Shillings.
Habeas Corpus.
Every Skin or Piece of Velum or Parchment or Sheet of Paper upon which any Writt of Habeas Corpus shall be ingrossed or written which is also liable to the single Duty of Five Shillings.
All [which (fn. 11) ] Matters and Things so liable only to the said single Duties until the said First Day of August One thousand seven hundred and six shall be marked and stamped only with a single Mark or Stamp according to the said former Acts. Any thing herein contained to the contrary notwithstanding.
X. Vellum, &c. before written, to be stamped, &c.
And it is [hereby (fn. 11) ] further enacted by the Authority aforesaid That all Velum Parchment and Paper herein before charged shall before any of the Matters or Things herein before mentioned be thereupon ingrossed or written (such Writeing or ingrossing being after the last Day of July One thousand seven hundred and six) be first brought to the Head Office for the said Duties to be stamped and marked with One Mark or Impression for the respective Duties by this Act payable to His Majesty His Heires and Successors for ever.
XI. Commissioners required upon Demand to stamp Vellum, &c. paying the Duties.
The Stamp to be a Discharge for Payment; Ingrossing Vellum, &c. before stamped; or marked with a lower Duty; Penalty £ 10. Officer in any Public Office guilty of Fraud in the above Matters; Forfeiture of Office and Penalty; Attorney offending disabled; Other Persons offending; Penalty £10; No such Record Deed, &c. good in Law, until Duty and Penalty paid; and Deed stamped, &c; Counterfeiting Stamp, &c; Death.
And it is hereby further enacted That the Chiefe Co[m]missioners for the said Dutyes upon Velum Parchment and Paper by themselves or by their Officers imployed under them shall and they are hereby impowred and required forthwith upon Demand to them made by any Person or Persons from time to to time to stamp or mark as this Act directs any Quantities or Parcells of Velum Parchment or Paper he or they paying to such Officer or Officers as shall be appointed in that Behalf the respective Duties payable to His Majesty His Heires or Successors for the same without any other Fee or Reward and without Delay which Stamp or Mark shall be a sufficient Discharge for the several and respective Duties by this Act payable for the said Velum Parchment or Paper which shall be so stamped or marked. And 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 ought to have a double or single Stamp or Mark as aforesaid before such Time as the said Velum Parchment or Paper shall be marked or stamped with such double or single Mark or Stamp (as the Case requires) or upon which there shall not be some double or single Marks or Stamps (as the Case shall require) resembling the same or shall ingross 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 or Duties than the Duty or Duties by this and the said former Acts or either of them payable for what shall be so ingrossed or written such Person so offending shall for every such Offence forfeit the Sum of Ten Pounds (besides Costs of Suit) One Moiety of which Penalty of Ten Pounds shall be to the King and the other Moiety thereof to him or them that will inform or sue for the same in any Court of Record by Action of Debt or of the Case Bill Plaint or Information wherein no Essoign Protection Wager of Law or more than One Imparlance shall be allowed And in case any Clerk Officer or Person who in respect of any publick Office or Imployment is or shall be intituled or intrusted to make ingross or write any Records Deeds Instruments or Writeings charged to pay a Duty or Duties as aforesaid shall be guilty of any Fraud or Practice to deceive His Majesty His Heires or Successors of any Duty by this or any of the said former Acts payable by makeing ingrossing or writeing any such Record Deed 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 Stamp or Stamps resembling the same or upon Velum Parchment or Paper marked or stamped with any Mark or Stamp which he shall know to be counterfeited or by ingrossing or writeing any such Deed 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 Clerk Officer or Person so guilty of any such Fraud or Practice and being thereof lawfully convicted shall (over and above the Penalty aforesaid) forfeit his Office Place or Imployment respectively and be disabled to hold or injoy the same for the future and if any Attorney belonging to any Court whatsoever shall be guilty [of any such (fn. 12) ] Fraud or Practice as aforesaid and be convicted thereof he shall be disabled for the future to practice as an Attorney And if any Deed Instrument or Writing whatsoever by this Act intended to be stamped as aforesaid shall contrary to the true Intent and Meaning thereof be written or ingrossed by any Person or Persons whatsoever not being a known Clerk or Officer who in respect of any publick Office or Imployment is or shall be intituled to the makeing writeing or ingrossing the same) upon Velum Parchment or Paper not marked or stamped or not doubly stamped (as the Case may require) 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 & paid to His Majesty His Heires or Successors (over and above the Duty aforesaid) for every such Deed Instrument or Writing the Sum of Ten Pounds and that no such Record Deed Instrument or Writing shall be pleaded or given in Evidence in any Court or admitted in any Court to be good useful or available in Law or Equity until aswell the said Duty as the said Sum of Ten Pounds shall be first paid to the Use of His Majesty His Heires or Successors and a Receipt produced for the same under the Hand or Hands of some of the Officers which shall be appointed to receive the Duties above mentioned and until the Velum Parchment or Paper on which such Deed Instrument or Writing shall be written or made shall be marked or stamped with a lawfull Mark or Stamp or with double Marks or Stamps according to this Act and the proper Officer and Officers are hereby injoyned and required upon Payment or Tender of the said Duty and the Sum of Ten Pounds unto him or them to give a Receipt for the same and to mark or stamp or double mark or stamp the said Velum Parchment or Paper with the Mark or Stamp that shall be proper for such Deed Instrument or Writing respectively And if any Person or Persons whatsoever shall at any Time or Times hereafter counterfeit or forge any Stamp or Mark to resemble any Stamp or Mark which shall be provided made or used in pursuance of this Act or shall counterfeit or resemble the Impression of the same upon any Velum Parchment or Paper thereby to defraud His Majesty His Heires or Successors of any the said Duties upon Velum [Parchment (fn. 12) ] or Paper or shall utter vend or sell any Velum Parchment or Paper with such counterfeit Mark or Marks thereupon knowing such Mark or Marks to be counterfeit then every such Person so offending being thereof convicted in due Form of Law shall be adjudged a Felon and shall suffer Death as in Cases of Felony without the Benefit of Clergy.
XII. Commissioners may appoint a fit Person to attend in any Court or Office to take Notice of the Stamps, &c.
Judges to make Orders, &c. herein; Commissioners and Officers to take the following Oath.
And be it further enacted by the Authority aforesaid That the Commissioners for the said Dutys on Velum Parchment and Paper from time to time shall and may appoint a fit Person to attend in any Court or Office to take Notice of the Velum Parchment or Paper upon which any the Matters or Things aforesaid shall be ingrossed written or put and of the Marks or Stamps thereupon and of all other Matters and Things tending to secure the said Duties and that the Judges in the several Courts and such others to whom it may appertain at the Request or Requests of such Commissioners or of any Two or more of them shall make such Orders in the respective Courts and do such other Matters and Things for the better secureing of the said Duties under their Charge as shall be lawfully and reasonably desired in that Behalf and that every Person who shall be commissionated as aforesaid and every Person to be imployed by or under them for the marking or stamping of Velum Parchment or Paper as aforesaid before his acting in the marking or stamping of the said Velum Parchment or Paper shall take the Oath following (that is to say).
I A. B. do swear That I will faithfully execute the Trust reposed [in (fn. 12) ] me pursuant to the Act of Parliament for the further or additional Duties upon [stampt (fn. 13) ] Velum Parchment and Paper without Fraud or Concealment and shall from Time to Time true Account make of my Doings and deliver the same to such Person or Persons as His Majesty His Heires or Successors shall appoint to receive such Account and shall take no Fee Reward or Profit for the Execution or Performance of the said Trust or the Business relateing thereunto from any ( (fn. 14) ) other than such as shall be paid or allowed by His Majesty His Heirs or Successors or by the Commissioners of His Majestys Treasury or any Three or more of them now being or by the Treasurer of the Exchequer or Three or more of the Commissioners of the Treasury for the time being.
Oath, how to be administered.
Which Oath shall and may be administred to such Commissioner or Commissioners [by any Three or more of the same Commissioners (fn. 12) ] which shall be appointed as aforesaid. And any of the said Commissioners shall and may administer the like Oath (mutatis mutandis) to such Sub-Commissioners or other Persons which shall be imployed under them in the said Business of marking or stamping.
XIII. Commissioners, &c. to observe the Directions of the Treasury; and furnish the several Parts of the Kingdom with stamped Vellum, &c.
And be it enacted That the Chief Commissioners or Officers [so (fn. 15) ] to be appointed and all Sub-Commissioners and Officers to be imployed [or intrusted (fn. 15) ] by or under them as aforesaid in relation to the said Duties on Parchment Velum and Paper shall from time to time in and for the better Execution of their several Places and Trusts observe and performe such Rules Methods and Orders as they respectively shall from time to time receive from the said Commissioners of the Treasury now being or from the Treasurer of the Exchequer or the Commissioners of the Treasury for the time being or any Three or more of them and that the Chief Commissioners so to be appointed shall take especial Care that the several Parts of this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed shall from time to time be sufficiently furnished with Velum Parchment and Paper stamped and marked as aforesaid so as the Subjects of His Majesty His Heirs and Successors may have it in their Election to buy the same of the Officers or Persons to be imployed by the said Commissioners at the usual or most common Rates above the said Duty or to bring their own Velum Parchment or Paper to be stamped as aforesaid or to furnish themselves or others that shall have done the same.
XIV. Persons suing in forma pauperis, not to pay Duty.
Provided always and it is hereby further enacted That none of the Rates Impositions or Sums of Money upon Velum Parchment or Paper before in this Act expressed shall be raised levyed collected or paid or payable to His Majesty His Heirs or Successors by vertue of this Act by any Person or Persons that shall be admitted to sue or defend in forma pauperis.
XV. All Records, Writs, &c. to be ingrossed as usual.
And to the end His Majesty His Heirs or Successors may not be defrauded of any of the said Duties upon Velum Parchment and Paper be it enacted That all Records Writts Pleadings or other Proceedings in Courts of Law and Equity and all Deeds Instruments and Writings whatsoever hereby charged shall be ingrossed and written in such Manner as they have been usually accustomed to be written and are now written.
XVI. In case Stamps altered, Persons having stamped Vellum, &c. by them not ingrossed, in 60 Days after Proclamation, may bring the same to the Head Office in London, and Commissioners to deliver them the like Quantity new stamped, &c. without Fee.
Penalty; Stamped Vellum, &c. not brought within the Time, declared useless. Matters ingrossed thereon to be of no Effect, and to incur Penalty.
Provided always and be it further enacted That as often as His Majesty His Heirs or Successors shall think fit to alter [or renew (fn. 15) ] the said Marks or Stamps or any of them it shall be lawful for all Persons who shall at that Time have in their Custody or Possession any Velum Parchment or Paper marked with the Stamp or Stamps which shall be so altered or renewed and upon which none of the Matters or Things hereby charged shall be ingrossed or written at any Time within the Space of Sixty Days after such Intention of renewing or altering shall be published by Proclamation to bring or send such Velum Parchment or Paper unto the said Commissioners to the Head Office in London or Westminster or to such other Officers as shall be appointed in that Behalf and the said Commissioners and Officers respectively are hereby required to deliver or cause to be delivered unto the several Persons who shall so bring and deliver any Quantity of Velum Parchment or Paper the like Quantity of Velum Parchment or Paper and as good in Quality stamped with such new Stamp or Stamps without demanding or taking directly or indirectly for the same any Sum of Money or other Consideration whatsoever under the Penalty or Forfeiture for every Offence One hundred Pounds to be sued for recovered and divided in such Manner as the other Penalties in this Act relating to the Duties of Velum Parchment and Paper 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 unto the said Commissioners or Officers as aforesaid any such Velum Parchment or Paper the same is hereby declared to be of noe other Effect or Use than if it had never been stamped and that all Matters or Things [which (fn. 15) ] shall after, that Time be ingrossed or written thereon shall be of noe other Effect than if they had been ingrossed or written on Velum Parchment or Paper not marked or stamped at all and all Persons who ingross or write any the Matters or Things hereby charged on such Vellum Parchment or Paper after the said Time shall forfit and suffer as herein before is enacted for Persons writing or ingrossing on Velum Parchment or Paper not marked or stamped.
XVII. Commissioners Salaries, &c. and incident Charges, to be paid out of the Duties.
Provided always and be it enacted That it shall and may be lawful to and for His Majesty His Heires and Successors or to or for the Commissioners of the Treasury or any Three or more of them or the Treasurer of the Exchequer for the time being out of the Duties ariseing by this Act for or upon stamped Velum Parchment or Paper to cause such Sum & Sums of Money to be expended and paid from time to time for Salaries and other incident Charges as shall be necessary in and [for (fn. 15) ] the receiving collecting levying or managing the same Duties by this Act granted Any thing in this Act contained to the contrary notwithstanding.
XVIII. Proclamation for altering the Stamps to be sent to the Mayor, &c. of every Corporation, &c; who shall cause the same to be published, &c. Penalty £200.
Provided always and be it further enacted That as often as His Majesty His Heires or Successors shall think fit to alter the said Stamps or any of them that the Proclamation which is hereby intended to be made for giving [to (fn. 15) ] all Persons due Notice thereof shall within Twenty Days after the Date thereof be sent to the Mayor Chief Magistrate or other Head Officer of every City Corporation Burough and Market Town throughout the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed which Officers respectively shall cause the same to be be published to the Inhabitants of such City Corporation or Town either on the next Market Day or next Sunday in the Church immediately after the [Time (fn. 15) ] of Divine Service upon pain of forfeiting the Sum of Two hundred Pounds to be sued for by Action of Debt Bill Plaint or Information in any Court of Record at Westminster wherein no Essoign Protection Wager of Law Priviledg nor more than One Imparlance shall be granted or allowed the One Moiety of which Forfeiture to be to His Majesty the other Moiety to such Person who shall sue for the same.
XIX. Treasury once a Year to set the Prices on stamped Vellum, &c.
The Price to be stamped thereon; Allowance on prompt Payment, where Stamps amount to £10 and upwards.
And for the better Distribution of the said Velum Parchment and Paper and that the Subjects may have the same with more Conveniency and [att (fn. 16) ] an easie Rate Be it enacted by the Authority aforesaid That the Lord High Treasurer of England or Commissioners of His Majestys for the time being shall once in every Year at least set the Prices of all Sorts of stamped Velum Parchment and Paper that it shall be sold at and that the said Commissioners for the said Duties upon Velum Parchment and Paper shall stamp the said Price soe set upon every Skin or Piece of Velum or Parchment or Sheet or Piece of Paper so by them to be sold and that the said Commissioners shall likewise allow and pay to every Person that shall bring Velum Parchment or Paper to be stamped (the Duty whereof shall amount to the Sum of Ten Pounds or upwards) after the Rate of Six Pounds in the Hundred [Pounds (fn. 16) ] per Annum for Three Months upon present Payment of the said Duty upon the said Velum Parchment and Paper so by them bought over and above the like Allowance upon the same Quantitie by the said former Acts and that any Persons that shall by of the said Commissioners or their Agents Velum Parchment or Paper the Duty whereof amounts to the like Su[m]me of Ten Pounds or upwards shall have the same Allowance.
XX. Briefs not charged.
Provided always That nothing in this Act contained shall extend to charge any Letters Patents for collecting charitable Benevolence commonly called Briefs with the Dutie therein mentioned or to make it necessary that such Briefs should be doubly stamped Any thing [herein (fn. 17) ] contained to the contrary in any wise notwithstanding.