Duties on Marriages etc. Act 1697
1697 CHAPTER 32 9 Will 3
An Act for preventing Frauds and Abuses in the charging collecting & paying the Duties upon Marriages Births Burials Batchellors and Widowers.

 6 & 7 W. III. c. 6.
8 & 9 W. III. c. 20; The said Acts and 7 & 8 W. III. c. 35. to be put in Execution.For the better preventing of Frauds and Abuses in the charging collecting levying paying and accounting for
the several Duties granted by an Act of Parliament made and passed in the Sixth Year of His Majesties
Reign intituled An Act for granting to His Majesty certain Rates and Duties upon Marriages Births and Burials
and upon Batchelors and Widowers for the Terme of Five Years for the carrying on the Warr against France
with Vigour and which by an Act made and passed in the Eighth Year of His Majesties Reign intituled An Act
for making good the Deficiencies of several Funds therein mentioned and for enlarging the Capital Stock of the
Bank of England and for raising the publick Creditt are continued until the First Day of August which  be in
the Year of our Lord One thousand seven hundred and six And to the end the Produce of the said Duties
may be answered (better than the same hath been hitherto) into the Exchequer for or towards the Satisfaction
of the Principal and Interest Moneys charged thereupon Be it enacted by the Kings most Excellent Majesty by
and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament
assembled and by Authority of the same That all and every the Directions Powers Clauses Matters and Things
in the aforesaid Acts and in one other Act made in the Seventh Year of His Majesties Reign intituled An Act
for the enforceing the Laws which restraine Marriages without Lycence or Banns and for the better registring of
Marriages Births and Burials and in every or any of them contained or specifyed for or in relation to the said
Duties upon Marriages Births Burials Batchelors and Widowers (other than such as are hereby altered enlarged
or explained) shal be duly and effectually observed and put in Execution under the Penalties in the said Acts
respectively contained and expressed.
Commissioners under c.10. ante to be Commissioners for executing the said Acts; and, together with the Justices of Peace authorized to be Commissioners by the said Acts, impowered to do all Acts relating to the said Duties, until the 24th June 1699; and afterwards the Justices of Peace for the Time being to execute their Powers of Commissioners.
II. 
And be it further enacted by the Authority aforesaid That all and every the Persons nominated or appointed
to be Commissioners for putting in Execution an Act of this present Session of Parliament intituled An Act for
granting to His Majesty the Sum of One million four hundred eighty four thousand and Fifteen Pounds. One
Shilling Eleven Pence Three Farthings for disbanding Forces paying Seamen and other Uses therein mentioned
shal be Commissioners for putting in Execution the said several Acts for the said Duties upon Marriages Births
Burials Batchelors and Widowers and all the Powers therein contained until the Four and twentieth Day of June
One thousand six hundred ninety nine within all and every the several and respective Counties Ridings Cities
Burroughs Cinque-Ports Towns and Places for which they are Commissioners by the said Act nameing or appointing
them as aforesaid respectively And that they the said Commissioners joyntly with the Justices of the Peace authorized
to be Commissioners in or by the said former Acts for the Duties aforesaid and every of them or such or so
many of the said Justices and the said other Commissioners or any of them as in any Case or Cases are in and
by the said former Acts for or concerning the said Duties appointed to act or be a Quorum shal have ful Power
and Authority and they and every of them are hereby required and impowred to act do proceed and finish in
all Matters and Things relating to the said Duties upon Marriages Births Burials Batchelors and Widowers or the
Arrears thereof as fully and effectually as if the said Commissioners were again perticularly named and repeated in
the Body of this present Act until the said Four and twentieth Day of June One thousand six hundred ninety nine
And that from and after the said Four and twentieth Day of June One thousand six hundred ninety nine the
Justices of the Peace for the time being of the several and respective Counties Ridings Cities Towns Boroughs and
Places within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed or such or so many
of them as are impowred in or by the said former Acts shal execute their Powers of Commissioners for the same
in the manner thereby prescribed.
Ecclesiastical and other Persons required by the said Acts to keep Register of Christenings, &c., are to make Entries therein as hereby required.
III. 
Entries, in case of Burials; in case of Births; in case of Marriages.; Neglect or false Entries, &c.; Penalty £20; Persons chargeable to the Duty to give a true Account of Name, &c. of Party to the Minister; Penalty £20.
And to the end all Persons liable to the Payment of the said Duties may be duly charged therewith according
to the respective Degrees Conditions and Qualities chargable in or by the said former Acts Be it further enacted
by the Authority aforesaid That every Ecclesiastical or other Person required by the said former Acts or any of
them to keep a Register of Persons buried christened born or married shal in the same Registers respectively according
to the best of his Knowledg or Information together with the Name of every Person so married buried christened
or born sett down and express or cause to be sett down and expressed in Writing the respective Degree Condition
or Quality according to which His Majesties Duty ought to be paid for every such Burial Birth or Marriage
respectively And in the Case of Burials the Names of the Heirs Executors Administrators Fathers Mothers Guardians
Church-wardens Overseers or others who by the said Acts ought to pay for the same and where they dwel
respectively And in case of Births the Names of the Fathers Mothers or those that take on them the Guardianshipp
or Care of such Children so born and where they live respectively And in case of Marriages the Place of Abode
of the several Husbands upon pain that any Dean Parson Register Deacon Vicar Curate Substitute or Ecclesiastical
Person whatsoever having due Knowledge or Information whereby such Addition may be made in his Register and
neglecting to insert the same or wilfully or knowingly setting down or consenting to the setting down in His
Register any Matter of Falshood as to the Degree Quality Condition Person or Place of Abode with intent that
His Majesty may be defrauded of all or any part of the Duty payable for or upon any such Burial Birth or
Marriage shal for every such Offence forfeit the Sum of Twenty Pounds (that is to say) one Moiety thereof to
the King and the other Moiety thereof to such Person or Persons as will inform and sue for the same And that 
every Person who ought to pay the said Duty for any Marriage Birth or Burial shal and he she or they are
hereby strictly enjoyned and required to give or cause to be given to the respective Minister or Parson who shal
perform the Office of such Marriage or Burial or the christening upon any Birth a true Relation of the Degree
Quality or Condition according to which His Majesties Duty for such Marriage Birth or Burial ought to be paid
and where such Person or Persons who ought to pay the same do live or reside to the end such additions may
be inserted in the Regester as aforesaid upon pain that every such Person for every Default or Offence in not
giving as aforesaid such Relation (being demanded) or giving any untrue Relation as to the Degree Quality Condition
or Place of Abode shall forfeit the Sum of Twenty Pounds (that is to say) one Moiety thereof to the King the
other Moiety thereof to such Person or Persons as will inform and sue for the same.
How the Words “Ecclesiastical Persons,” understood.
IV. 
And it is hereby enacted and declared That the Words Ecclesiastical Persons in this Act and Persons in Holy
Orders in the said former Acts and every of them shal be understood so as to comprehend Bishopps in all
Cases where any Marriages are celebrated or the Officers for any Christenings or Burials are performed by them.

V. 
In case of Removal of Persons to other Places chargeable, without Payment of Duty, Commissioners to certify; and thereupon Commissioners of such other Places to levy Duty.
And in regard Persons liable to the said Duties upon Marriages Births Burials Batchelors and Widowers or
some of them do frequently remove or go away from the Places where they ought to have paid the same to
other Parts or Places and thereby evade the Payment thereof For prevention of such Deceipts for the future it
is hereby further enacted and declared by the Authority aforesaid That in every such Case of the Removal
or going away of any Person without Payment of the Duties aforesaid or any of them the Commissioners aforesaid
or any Two or more of them shal and may certify such Default in Writeing under their Hands and Seals and
every such Certificate shal be a sufficient Ground and Warrant by vertue of this Act for the like Number of
Commissioners in any other County or Place where such Person shal reside or be found to cause His Majesties
Duty or Duties to be by him paid in such other County or Place to His Majesties use and for Non payment thereof
to levy the same by Distress and Sale of the Goods and Chattels of every such Person so in default rendring
to him the Overplus ariseing by such Sale after the Kings Duty and the Charge of the Distress shal be satisfied.
Penalties under this and the said former Acts
VI. 
(Exception); determined by Two next resident Justices.; Upon Confession of Party or Oath of one Witness,; Distress; Commissioners may mitigate Penalties.
And be it further enacted by the Authority aforesaid That all Forfeitures Penalties and Offences incurred or
committed against this and the said former Acts or any of them or any Clause or Article therein contained
touching or concerning the said Duties or Impositions upon Marriages Births Burrials Batchelors and Widowers or
any of them (other than the Penalty of One hundred Pounds for not duly keeping a Register) shal and may be
heard and finally determined by any Two or more of the said Justices of the Peace or other Commissioners residing
near the Place where such Penalty shal be incurred or Offences committed who have hereby Power to summon
the Party or Partys and upon his or their Appearance or Contempt to examine the Fact and upon Confession or
Proof by the Oath of One or more credible Witnesses (which Oath they have hereby Power to administer)
to give Judgment according to this Act and to issue their Warrants for the levying of such Forfeitures and Penalties
by Distress and Sale of the Goods and Chattels of the Offenders rendring the Party the Overplus (if any be)
above His Majesties Duty and the Charge of the Distress and for want of sufficient Distress to committ the Offender
to prison there to remain til Satisfaction be made nevertheless such Commissioners may (if they see Cause) mitigate
such Forfeiture or Penalty so as they do not make it less than double His Majesties Duty in that Case due besides
the Charges of the Collector or other Officers concerned therein.
On or before 1st Aug. 1698, and every Three Months, Commissioners to meet for executing this Act and the former Acts; and may summon Assessors, Surveyors, Parsons, &c. to appear and bring in their Assessments and Registers, &c., and on Default,
VII. 
Penalty; Two Commissioners may examine Assessments, Registers, &c., and may charge in respect of Omissions, &c.; and allow and sign Assessments, &c. and may cause Abstracts of Sums accrued to be made up and signed, and transmitted to the ExchequerCollectors to render Accounts upon Oath.; Default of rendering Account, Penalty.

And to the end all the Moneys arising or which ought to arise by or for the said Duties may be duly assessed
charged raised paid answered and accounted for It is hereby further enacted That on or before the First Day of
August One thousand six hundred ninety eight and so from time to time once or oftener in every Three Months
dureing the continuance of the said Duties the Commissioners aforesaid at some convenient Place or Places within
their respective Limitts or Divisions shal meet together for the Execution of this and the said former Acts for
the said Duties And that the said Commissioners or any Two or more of them shal have Power and they are
hereby directed and authorized to warn not only the respective Assessors and Collectors but also the Surveyors
Inspectors and Receivers General and (if need be) any Parsons Vicars Curates Parish Clerks and others concerned
in relation to the said Duties or any of them to appear before themselves and other the Commissioners at every
such Meeting and requiring them or such of them to whom it appertains respectively to bring in their Assessments
Presentments and Accounts for or concerning the said Duties and also the Registers of the Marriages Births and
Burials or Copies thereof as shal be directed And if Default be made therein contrary to such Warning given
then the said Commissioners or the major part of them present at such Meeting shal and may fine the
Offenders for every such Default not exceeding Five Pounds to be levyed as aforesaid for the Kings Use And
that the said Commissioners or any Two or more of them shal and may proceed to examine the said Assessments
Presentments and Accounts and also the Registers or the Copies thereof And if they or any Two or more of
them do find that any Person or Persons are omitted or not fully charged shal and may cause such Person or
Persons to be taxed and charged according to the true meaning of this and the said former Acts and thereupon
to allow and sign the Assessments or Presentments and to cause Abstracts or Duplicates of the gross Sum or
Sums which from time to time shal appear to them to have accrued or which ought to have accrued to His
Majesty in every Parish or Place for the said respective Duties upon Marriages Births Burials Batchelors and
Widowers to be made upp and signed by them or any Two or more of them and to be forthwith transmitted
into the Exchequer (to witt) into the Office of the Kings Remembrancer there And that the respective Collectors 
of the said Dutys shal render their Accounts upon Oath to the best of their Knowledge which Oaths shal and
may be administred by the said Co[m]missioners or any Two or more of them And in Default of rendring such
Account when thereunto required by the said Commissioners or any Two or more of them every Collector makeing
such Default shal and may be fined by the said Commissioners or any Two or more of them not exceeding
Twenty Pounds to be levyed as aforesaid to the Kings Use
Further Allowance to Collectors beyond former Acts.
VIII. 
And be it hereby enacted That every Collector of the said Duties making his Account as aforesaid upon Oath
and duly discharging himself thereof shal (over and above the Allowance of Three Pence in the Pound by the
said former Acts or One of them) be further allowed Two Pence in the Pound for so much Money as he shal
actually pay to the Receiver General his Deputy or Deputys and the Commissioners Clerks shal have an additional
Allowance of One Peny in the Pound.
Persons chargeable after 1st Aug. 1698, to tender Duty to Collector within 20 Days after due.
IX. 
Penalty.
And for the more sure Payment of the said Duties (many of which are casual in their Natures it is hereby
further enacted That all and every Person and Persons who from and after the said First Day of August One
thousand six hundred ninety eight dureing the continuance of the said several Acts ought to pay any of the said
Duties for or upon any Marriage Birth or Burial or as a Batchelor or Widower shal pay or tender and he she or
they are hereby obliged to pay or tender the same to the Collector of the Parish or Place being authorized to
receive such Duty within Twenty Days after it shal become due to His Majesty by the Tenour and true Meaning
of the said former Acts or any of them upon pain of paying to the King Double the said Duties which ought to
have been so paid or tendred to be levyed to His Majesties Use as aforesaid Any thing in the said former Acts
or any of them contained to the contrary notwithstanding.
6 & 7 W. III. c. 6. § 17.
X. 
Repealed.
And whereas by a Clause in the forerecited Act made in the Sixth Year of His Majesties Reign it is enacted in
these words following viz t. And be it further enacted by the Authority aforesaid That the several and respective
Collectors of the Duty granted by this Act shal every Year dureing the continuance thereof within the Space of
Six Days after the respective Assessments or Certificates shal be to them delivered deliver over the same or a true
Copie thereof unto the respective Parson Vicar Rector or Curate for the respective Parish Divisions or Places for
which they are appointed Collectors under the Penalty of forfeiting the Sum of Five Pounds to His Majesty And
the said Parsons Rectors Vicars and Curates are hereby required under the like Penalty of Five Pounds to be
forfeited to His Majesty for every Offence on the next Lords Day commonly called Sunday after the Receipt thereof
openly and publickly to read or cause the same to be read in the Church immediately after Divine Service in the
Morning to the end that every Person thereby rated or charged may have Notice of such Rate or Charge and if
he or they find him or themselves agrieved thereby they may complain and appeal according to the Directions of
this Act which Clause is by experience found to be of no Use and is otherwise very inconvenient to be observed
Be it therefore enacted by the Authority aforesaid That the said Clause and every part thereof be repealed and
the said Clause and every part thereof is hereby repealed.
When the Ten Days allowed for Appeal by 6 & 7 W. III. c. 6. § 14. to begin.
XI. 
And be it further enacted That the Ten Days allowed by the said recited Act by Persons agrieved for the said
Rates and Assessments to complain and appeal shal hereafter be reckoned and accounted to begin from the respective
Demands made of the Sums of Moneys due upon the said Rates and Assessments by the respective Collectors of
the same Any thing in the said recited Act to the contrary notwithstanding.