Anno quarto et quinto, Philippi & Mariae.
❧ Actes made at a Parliament begon and holden at Westminster, the .xx daye of Ianuary, in the fourth and fift yeare of the reigne of oure soueraigne Lorde and Lady, Philippe and Marye by the grace of God, kinge and Quene of England, Spayne, Fraunce, both the Sicilles, Ierusalem, and Irelande, defendours of the faith Archidukes of Austria, Dukes of Burgondie, Millaine and Brabant, counties of Haspurge Flaunders, and Tyrol, and there continued and kepte vntyll the .vij. day of Marche, then next folowinge, and enacted as foloweth.
Cum priuilegio Regiae Maiestatis.
❧ The Table.
- AN Acte for the confyrmation of letters patentes. Cap. i.
- An acte for the hauynge of Horse, Armoure, and Weapon. Cap. ii.
- An acte for the takinge of musters. Cap. iii.
- An acte that accessaries in murder and dyuers felonies, shall not haue the benefit of clergie. Cap. iiii.
- An acte touchinge the makinge of wollen clothes. Cap. v.
- An acte to enquyre of Frenchemen beynge denisens. Cap. vi
- An acte to make vp the Iury with circumstantibus, where the kynge and Quenes maiesties or the Quenes maiestie is a party. Cap. vii.
- An acte for the punishement of suche as shall take away maydens that be inheritours, beynge within age of .xvi. yeares, or that mary them without the consent of theyr parents. Cap. viii
- An acte for the continuation of certaine statutes. Cap. ix.
- An acte for the confirmation of the Subsedye of the clergie. Cap. x.
- An acte of a Subsedye and one fyftene graunted by the temporaltie. Cap. xi.
¶ An Acte for the confirmation of Letters Patentes.
WHERE sythen the .vii. daye of Iulye in the first yeare of the Quenes Maiesties reygne dyuers and sondry Honors, Castels, Manoures, Lands, Tenements, Rentes, Reuercions, seruices, and other hereditamentes, haue bene conueyed and assured to her highnes, her heyres and Successoures by or from diuers and sundrye persons, & bodies politike, aswel for the discharge and satisfaction of great debtes, and summes of monye, as for other good considerations. For the perfytte assuraunce confirmation and further suretye whereof.
BE IT enacted ordeyned and establyshed by the kyng and Quenes Maiestyes, the Lordes Spirituall and Temporal, and the commons in thys present Parliament assembled, and by thaucthoritie of ye same. That all Feoffementes, Fynes, Surrenders, assuraunces, conueyances and estates in any wise cōueyed had or made, to or for our sayd Soueraygne Lorde and Lady, the kyng and quenes Maiesties, or to or for our sayde soueraygne Lady the quene, by or from anye suche persō or persons, bodies politike or corporate, of any such Honors, castels manoures, Lādes, Tenements, Rentes, Reuertions, Seruices, or other hereditamentes, for anye debte, summe or summes of monye or other consideration, whatsoeuer, shall stande remayne & be good and auaileable in the lawe to all intentes, constructions, and purposes, accordynge to the true meanynge, intente and purporte of the same.
SAVINGE to all and euery personne and personnes, and to their heires bodyes politike and corporate, & to their Successoures, and to euerye of them, (other then such person or personnes, and their heyres and wyues, and euerye of them bodies politike and corporate, & their successoures and euery of them, of or from whome, the kyng & quenes highnes, or the quenes hyghnes onelye hath obteyned or purchased, the sayde premisses, or anye percell thereof, by exchaunge, gyfte bargayne, fyne, Feoffement, recouery, dede, inrolled or otherwise) al such right title, interest, vse, possessiō, rentes, reuercions, Remainders, Olfiees, Fees, Commons, profyttes, and commodities, whatsoeuer which they or any of them haue might or ought to haue had of, in or to the premisses or any part thereof in as large and ample maner, forme and condition to al intentes cōstructions and purposes, as yf this acte had neuer bene had ne made. Thys present Acte or any thing therein conteined [Page]to the contrarye notwithstandynge.
AND where aswell our sayd soueraigne lorde, & Lady, as our sayde soueraigne Lady the Quenes highnes, sithens the said .vii. day of Iuly in ye first yere of her maiesties reigne, aswel for diuers & gret sōmes of mony, as also for diuers & sondry other cōsiderations, haue, & hath bargained, sold, giuen or graūted by their or her graces sōdry letters patēts indentures, or other writinges, sealed vnder ye great seale of England, or the seale of the Duchy of Lancaster, aswel to bodyes politike & corporate, as to diuers and sondry other their louing & obedient subiects, diuers and sondry honors, castels, manors, landes, tenements, rentes, reuercions, seruyces, & other hereditamentes, in fee symple, fee tayle, or for terme of lyfe, lyfes or yeares, as in the same seueral letters patents, indentures, & other wrytynges, is mentioned & declared. And to thintent the same letters patents, indentures, & other writinges, shulde be of good auayleable and perfit force & effect, to al and euery her highnes louyng Subiectes, according to the true meaning & effect of the same.
OVRE SAIDE Soueraygne Lorde and Ladye the kynge and Queene, are contented and pleased, that it be enacted by thauthoritie of thys present parliamente. And therefore by oure sayd Soueraygne lord, and lady, the kyng and quenes maiesties, the laides spiritual and temporal, and the commōs in this present parliamente assembled, be it enacted and established, ye aswel al and singuler letters patents, indentures and other writinges Sealed vnder the greate Seale of Englande, or vnder the Seale of the Duchy of Lancaster, and heretofore made or graunted by our sayde soueraygne Lord and Lady, the kyng and Quene, or by our said soueraigne lady the Quene, for any Sūmes of monye, or for and vpon any other consideratiōs, as al other letters patētes, hereafter to be made by our saide soueraigne lorde & ladye, for any summe or sūmes of monye during the space of Seuen yeares next ensuynge the makyng of this acte, to anye body politike, or corporate, or to any other persō or personnes, whatsoeuer, of any honors, castels, manors, lordeshippes, graunges, Meses, lādes, tenements, medowes pastures, rentes, reuercions, seruyces, woodes, aduousons, nominations, patronages, annuities, rightes, interestes, entrees, conditions, letes, courtes, liberties, priuileges, fraunchyses, or of anye other hereditamentes, with their appurtenaunces, or of any parte or percell of thē sealed with or vnder the great seale of Englande, or vnder the Seale of the Duchy of Lancaster, of whatsoeuer kynde, nature, or qualitye they or any of thē be or shalbe reputed knowen or taken, wt their appurtenaunces or any part or percel of thē, shalbe good perfyt and effectual in ye lawe, and shal stand, be takē, reputed, demed, & adiudged good perfit sure auayleable & effectual in the lawe, aswel against the kynge and Quenes Maiesties, as againste the queene her heires and successors according to the tenor of the said letters patēts, the same to be expounded cōstrued demed & adiudged most beneficial for the patentees [Page iii]and graūtees of the same, according vnto the wordes & purport of euery the said letters patents, without any confirmation, licence, or tolleration of the quene, her heires or successors, any misnaminge, misrecital, or non recitall of any the same honors, castels, maners, landes, tenemētes & other the premisses or any percel therof, or any lacke of fyndinge of offices, or inquisitions of and in the premisses, wherby the title of the Quenes highnes therin oughte to haue ben founde before the makinge of the same letters patentes or other writinges, or any misrecital, or none recitall of leases therof before made, as well of record as not of record, or any lacke of the certaintie, miscastinge, rating, or setting forth of the yearly values and rates of the premisses, or of the yearly rentes reserued of & for the premisses or any percel therof, mentioned or conteined in any the said letters patentes, or other writinges, or for that the premisses be, or any part thereof is valued to a more or lesse value in the sayd letters patentes or writinges, then the said manors, landes, tenementes, and other the premisses, then were or shalbe in yearly value, or any misnaming of the townes, Hamlettes, parishes, or counties wher the same honours, Castels, manors, landes, tenementes, rentes, hereditamentes, and other the premisses and euery percell therof, or any percell therof lien or ben, or any lacke of the true naminge of the landes, tenementes, or hereditamē tes, or of the natures, kindes, sortes, or quantities of the sayde possessions or hereditamentes or any percell therof, or any lacke of the true naminge of the corporation, or any lacke of atturnement, liuery, or season, or any misnaming of any the late tenauntes or fermours of the same so sold or geuen, notwithstandinge.
PROVIDED alwayes and be it enacted by thauctoritie aforesaid, that this acte nor any thinge therin conteyned shall not extend to make anye letters patents of any office or offices, to be of any other effect, force, or strength thē the same letters patents were or shuld haue ben before ye making of this act.
PROVIDED alwayes and be it enacted by thauctoritie aforesayde, that all and singuler suche patentees, grauntees, and donees, and euerye of them, whiche at any time heretofore sithens the sayd seuenth day of Iuly haue obteyned and gotten of our sayd Soueraigne Lorde and Lady the kyng and Quene or of any of them, or at any time hereafter duryng the space of seuen yeares, shall obtaine and get of our sayd Soueraigne lord and lady the king and Quene that nowe be, or of any of them, by way of exchaunge, or for any summe or summes of monye, any letters patents of any monasteries, abbathies, priories, nonneries, or other ecclesiasticall possessions, or of any percell of them, or of any other manours Landes Tenementes or Hereditaments whatsoeuer, whiche at the date and makyng of any the same letters patentes so made, sithens the saide seuenth daye of Iulye or hereafter to be made durynge the space of seuen yeares as is aforesayde, were or shalbe of better and more yearely valewe to the kynge and Quenes highnes or to anye of them, in yearly rent and ferme, then was, is, or shalbe conteined, mentioned or specified in any suche letters patentes, or in the perticulers or rate thereof made or to be made by any auditour or auditours, surueyour or surueyours [Page]or other officer, that then euery suche patentee, grauntee, and donee, theyr heyres executours or assignes and euery of them, within one yeare nerte after office and other due profe order and decre therof made and had, or to be made and had within the space and terme of tenne yeares nexte after this present parliament in the courte of the eschequer, shall content and paye vnto the quenes maiestie her heires and successours, for the same ouerplus and more value of the same monasteries, abbathies, priories, nonneries, manors landes, tenementes, and other hereditamentes whatsoeuer, with their appurtenaunces, so solde, geuen, graunted, or exchaunged as is aforesayde, after the rate of twenty yeares purchase, and accordinge to the yearely value and rate as the same manours, Landes, tenementes, and other hereditamentes whatsoeuer, were at the time of the making of any such letters patentes so made, or to be made in maner & fourme aforesayd. Any thyng cōteined in any such letters patentes to the contrary in any wise notwtstanding.
PROVIDED also and be it further enacted by thauctoritie aforesayde, that this acte or any prouision therein conteyned, shall not in any wyse extend to confyrme, ratifie, or make good anye lease or leases, made or to be made by our sayde Soueraigne Lorde and Lady the kynge and Quene, or by anye of them for terme of life, lifes, or for yeares, wherevpon the olde and accustomed rentes or more, be not, or hereafter shall not be reserued, and yearelye payable duringe the tyme and terme of euerye suche lease, nor that this presente acte shall in any wyse extende to reuiue or make good anye letters patentes made of any office or offices to anye comptroller, customer, alneger, sercher ne to anye letters patentes of the graunte of any other office or offices heretofore graunted or made by the kinge and Quenes maiestie, or any of them, whiche nowe be or at anye tune heretofore haue ben adnichilated, determined or made voide by iudgement, by auctoritie of parliament, or by decree, nor to anye patent to be made to anye person or persons for terme of yeares, or during ye minoritie of any heyre of any manours Landes or tenementes, whereof any trauerse hereafter shalbe tendred within three monethes after any office founde and certified into anye of the kinges courtes of recorde, ne to make good anye letters patentes made by oure layde Soueraigne lorde and Ladye or any of them, of anye office or offices to be of anye other effecte force or strength then the same letters patentes were or should haue bene before the makinge of this Acte.
PROVIDED alwayes and be it enacted by thaucthoritie aforesayde, that this acte or any thinge therin conteined, shall not extende to any letters patentes whiche at any tyme heretofore sithen the beginninge of the Quenes maiesties reigne haue ben made or hereafter shalbe made by the kynge and quenes highnes, or by the quenes maiestie onely, to any person or personnes of any manours Landes, tenementes, rentes, reuercions, seruices, or other hereditamentes, by force of any information, suite, or suggestion, made, or to be made to her highnes, that the same manoures, landes, tenementes, or other hereditamentes, so conteyned in any suche letters patentes, were concealed landes, nor to any letters patentes heretofore made by our sayde soueraigne Lorde and lady the kinge and Quenes maiesties, or any of them, [Page iiii]to Rause Iackson clerke, nowe maister of the hospitall of the Sauoye in the parishe of Saint Clementes Dacorum, without the barres of the new temple London, and to his brethren, beyng perpetuall Chaplaynes of the same Hospitall, and to theyr successoures, but that the same letters patentes and euery of them, shall stande, remayne, and be in the same force, strength, and effecte, as they were before the makinge of this acte, any thinge in this acte mentioned to the contrary notwithstandinge.
AND where the manoure of Southwell in the countie of Nottingham, and also the Scite and procincte of the colledge of Southwell in the same countie together, with diuers other landes, tenementes, and hereditamentes to the sayde late colledge lately belongynge or appertaininge, were conueyed and assured by indenture, fine, or otherwyse, by or from Iohn Beamount esquier, vnto our late Soueraigne Lorde kinge Edward the Sixte and to his heyres and successours, for the discharge and satisfaction of diuers great summes of money, wherein the same Iohn Beamounte was indetted to the said late king. Be it enacted and established by the aucthoritie aforesaid, that the saide cōueyaunce and assuraunce shalbe perfect, good, sufficient and auayleable against the said Beamount and his heyres, to all intentes, constructions and purposes, according to the purport, tenor, and true meaning of the same conueiaunces, and assuraunces. Sauing to al and euery person or persons, and bodies politike and corporate, their heires and successours and euery of them, other then the said Iohn Beamount, his wyfe, and his heyres, and all other clayming any estate or intereste by or from thē or any of thē sithens the same conueiaunce and assuraunce, all such right, title, interest, possession, estate, leases, rentes, seruices, commons, and all other profites and commodities whatsoeuer, as they or anye of them, shoulde, or might haue had if this acte had neuer ben had ne made. Anye thinge therein conteyned to the contrary, notwithstandinge.
AN ACTE for the hauing of horse, armour, and weapon.
The .ii. Chapiter.
FOR THE BETTER furniture and defence of thys Realme. Be it enacted by the kyng and quenes Maiesties, with thassentes of the lordes spirituall and temporall and the commons in this present parliamente assembled, & by aucthoritie of the same, that asmuch of al & euery acte and Statute concernyng onely the keping or fyndinge of horse, horses, or armoure, or of any of them heretofore made or prouyded, and all & euery forfeyture, and penaltye, concernyng onely the same, shalbe frō hence forth vtterly voyde repealed and of none effect. And be it further enacted by thaucthoritie aforesayd, that euery noble man, gentelman & other temporal person, after the rate & proportion hereafter declared shal haue & kepe in a redines such horses, geldinges, Armoure & other furniture for ye wars, at the lest, & in such sort & maner as is & shalbe in this act hereafter expressed and declared. That is to saye, all and euery person temporall, hauynge any honors, lordeshippes, manors, houses, landes, meadowes, pastures or [Page]woodes of estate of enheritaunce or freholde, to the clere yerely value of one thowsand pound or aboue, shall from & after the first day of May, which shal be in the yere of our lord god, a thousand .v. hundred fifty & eight, haue, find, kepe susteine & mainteine wt in this realme of Englād, of their owne proper and at their owne proper costes and expences .vi. horses, or geldyngs, able for dimilaunces, wherof .iii. of thē at the leaste to be horses, with sufficiente harnesses, steele sadels and weapon, requisit and apperteyning to the sayde demylaunces, horses or geldynges, and tenne light horses or geldinges able and mete for light horsemen, with the furniture of harnes and weapon requisite for the same. And also forty corselettes furnished, fortye almayne ryuettes or in stede of the said almaine riuettes, forty cotes of plate, corseletes or brygandines furnished fortye pykes .xxx. longe bowes .xxx. shefes of arrowes .xxx. steele cappes or sculles .xx. blacke billes, or halberdes .xx. haque buttes, and twenty morians or salettes. And euery person temporal hauing any honors, lordeshippes, manors, houses, landes, meadowes, pastures or woodes, of any such estate as is aforesaid, to the clere yerely value of a thou sande markes, or aboue, and vnder the clere yearelye value of a thousande pound, shal haue, finde, susteine and maintaine within this realme of their owne proper and at their owne proper costes and expences, foure horsses or geldinges, able for dimilaunces whereof two at the leaste to be horses, with suffycyente harnesses, and weaponne, and sadels mete and requysyte to the sayde dymylaunces Horses or Geldynges, and syxe lyghte horses or geldinges, able and mete for light horsemen, with furniture of harnes, and weapon requisite for the same. And also of armor and weapō .xxx. corselets furnyshed .xxx. almayne ryuettes or in stede of the sayde almaine ryuettes, xxx. cotes of plate, corselettes, or brygandynes furnyshed .xxx. pykes, twentye long bowes .xx. shefes of arrowes .xx. stele cappes or sculles, ten blacke billes or halbertes, tenne haquebuttes, and ten morians or salletes. And euery person temporall hauing honors, lordships, manors, houses, landes, meadowes, pastures, or wodes of any such estate as is aforesaid, to the clere yerely value of foure hundred poundes or aboue, and vnder the clere yerely value of a thousande markes shal haue, finde, kepe, susteine and meynteyne as is aforesayd two horses, or one horse and one geldyng able for dimilaunces, with sufficient furniture of harnes, stele sadels and weapō for the same as is aforesayde, and foure geldynges able for lyght horsemen with sufficient harnes and weapon for the same, and also .xx. corselettes furnished .xx, almayne riuettes furnished, or in stede of almaine riuettes, twenty cotes of plate corselettes or brygādines furnyshed, twēty pykes, fyftene long bowes fyftene shefes of arrowes, fyftene steele cappes or sculles, sixe haquebuttes, and sixe moryans or salletes. And that euerye person temporal hauyng lord shippes, manors, houses, landes, meadowes, pastures, or wods, of any such estate as is aforesayde, to the clere yerely value of .CC. poundes or aboue, and vnder the clere yerely value of .CCCC. poūdes, shall from the said first day of May, haue kepe susteine and mainteine .i. gret horse or gelding, able for a dimilaunce, with sufficient furniture of harnes, steeled sadle, & weapon [Page v]for the same, & two geldings, able for light horsemē wt harnes and weapons sufficient, as is aforesaid, for the same, and also ten corselettes furnished, ten almaine riuettes, or in ye place of almaine riuettes, x. cotes of plate, corselettes or brigandines furnished, x. pikes .viii. long bowes viii. shefes of arrowes .viii. stele Cappes or sculles, three haquebutts, & three morians or salettes. And euery person temporall hauing any lord shippes, manors, houses, landes, meadowes, pastures, or woodes, of any such estate as is aforesaid, to the clere yerely value of one hundred poūds, or aboue, & vnder the yearely value of .ii. hundrede pounds shal from and after the sayde first day of May, haue, kepe, and maynteine (as is aforesayd) two geldinges, able and mete for light horsemē, with sufficient harnes, and weapon requisit for the same. And also thre corselettes furnished, thre almaine riuettes, or in stede of them soo manye cotes of plate, corselettes, or brygandines furnished .iii. pikes .iii. long bowes, thre shefes of arrowes, thre steele cappes or sculles, two haquebuttes, and two morians or sallettes. And also euery person temporall hauing lordeshippes, manors, houses, landes, meadowes, pastures, or wooddes, of any such estate as is aforesaid, to the clere yearely value of a hundred markes or aboue, and vnder the yearelye value of a hundred poundes, frō the said first day of May, shal haue, kepe, mainteine and susteine one gelding able and mete for a light horsemā, wt the harnes & weapō sufficient & requisit for the same, two corselettes furnished, two almaine riuittes, or in stede of ye same two cotes of plate, or brigādines furnished, two pikes, two lōg bowes, two shefes of arrowes .ii. steele cappes or sculles .i. haquebut .i. morian or salet. And also euery person tēporal, hauing lordships, manors, houses, lands, meadowes pastures or wods, of any such estate as is aforesayd, to ye yerely value of .xl. poū des or aboue, & vnder the yerely value of a hundred markes, shal frō & after ye said first day of May, haue mainteine & kepe .ii. corselettes furnished .ii. almaine ryuettes, or in stede of ye same .ii. cotes of plate, corselettes or brigādines furnished, two pikes, one long bowe, one shefe of arrowes, one steele cap or scull .ii. haquebuttes .ii. morians or sallets. And also euery persō tēporal hauing lordships, manors, houses, landes meadowes, pastures, or wods of any such estate as is aforesaid, to the clere yerely value of .xx. poundes or aboue, and vnder the yerely value of fourty poundes, shal frō ye said first day of May, haue, kepe, & mainteyne one corselet furnished, one pike, one haquebut, one moriā or saller, one long bowe, one shefe of arrowes, & one steele cap or scull. And also euery persō tēporal hauing lordshipes, manoures, houses, landes, meadowes, pastures or wods, of any such estate as is aforesaid, to ye cleare yerely value of .x poundes or aboue, & vnder the yearelye value of .xx. poūd, shal frō & after the said day haue, kepe, & susteine one almaine ryuitte, cote of plate or brygandyne furnyshed, one haquebut .i. morian, or sallet, & one long bowe, & one spefe of arrowes, one steele cap or scul. And also euery persō temporal hauing lordships, manors, houses, lādes, [Page]meadowes, pastures or woodes, of such estate as is aforesayde, to the clere yerely value of fyue poundes or aboue, & vnder the yerely value of x. poundes, shal from and after the sayd first day of May, haue, kepe, & susteyne one cote of plate furnished, one blacke byll, or halbert, one long bowe, one shefe of arrowes, and one freele cap, or scull. And also euerye personne temporal, hauyng goodes or cattells to the value of one thousande markes or aboue, shall from the sayde firste daye of Maye, haue fynde, kepe, susteyne, and mainetayne as is aforesayde, one horse, or gel dynge able for a demylaunce, with sufficient harnes, stele sadle, & weapon, requisite and conuenient for the same, and one geldinge able and mete for a light horseman, with harnes and weapon sufficient and requisite as is aforesayd for the same, or eightene corselets furnished in ye stede of the sayd horsse, and geldyng, and furniture of the same at hys choyse. And also shall from the same day haue, fynd, kepe, and maynetayne of armoure and weapon, two corseletes furnished, two almaine ryuettes, or for the same almonryuettes, two cottes of plate, two corselettes, or two brygandynes furnyshed, two pykes, foure longe bowes, foure shefe of arrowes, foure stele cappes or sculles, and three haquebuttes, with thre morians, or salletes. And also euery person temporal hauynge goodes or cattels, to the values hereafter in this present act, specyfyed and declared, shall from and after the sayde first day of May haue fynde, kepe, susteyne and maynetayne such geldynges, armoure, weapon and furniture forwarre as is hereafter declared. That is to saye, hauynge to the value of foure hundred poundes or aboue, and vnder the value of a thousande markes, one geldynge able and meate for a lyghte horseman with sufficient harnes and weapon requisite, and mete for the same or .ix. corselettes, furnyshed at his election, and also shal haue, fynde, and kepe one other corselette furnished, one pike, two almayne ryuetes, or plate cotes or brygandines furnyshed, one haquebut, two longe bowes, two shefes of arrowes, and two stele cappes or sculles. And hauynge in goodes and catteles, to the valewe of two hundrede pounde or aboue, and vnder foure hundred, one corselet furnished one pyke two almayne ryuetes, plate cotes, or brygandynes, furnyshed one haquebut, one murryan or salet, two long bowes and two shefe of arrowes, and two scules or stele cappes. And hauyng in goods and cattells to the value of a hundred poundes or aboue, and vnder .ii. hundred, one corselette, furnyshed and one pyke, one payre of almayne ryuyttes, one plate cote, or payre of brygandine furnyshed, two long bowes, and two shefes of arrowes, and two sculles. And hauynge as is aforesayde, in goodes and catteles, to the value of fourtye poundes, or aboue, and vnder a hundred poundes, two payre of almon riuettes, or two cotes of plate or brygandynes, furnyshed, one longe bowe and one shefe of arrowes, one stele cappe or scull, and one blacke byll, or halbert. And hauynge as is aforesayde in goodes and cattelles to the valewe [Page vi]of .xx. poundes or aboue, and vnder .xl. poundes, one payre of almayne riuettes, or one cote of plate, or one paire of brygandines, two longe bowes, two shefes of arrowes, two sculles or steele cappes, and one blacke byll or halbert. And hauinge as is aforesayde to the value of tenne poundes or aboue, and vnder twenty poundes, one longe bowe, one shefe of arrowes, with one stëele cappe or scull, and one blacke byll or halbert. And also that euery personne temporall, not beynge aboue charged by this acte, hauinge, or that hereafter shall haue any annuitie or annuities, or yearely fee or fees for terme of life, or of any estate of inheritaunce, or any copyholde or copyholdes, for terme of lyfe, or of anye estate of inheritaunce, to the cleare yearelye value of .xxx. poundes or aboue, shalbe charged and chargeable with such furniture of warre as is aforesayde, in euery degree, qualitie, and condition, according to the proportions and rates before expressed, limitted, and appointed for goodes and cattels.
AND be it further enacted by the aucthoritie aforesayde, that euerye personne whiche by vertue of the acte made in the parliamente holden at westminster in the .xxxiii. yeare of the reigne of kynge Henrye the eyght, was bounde (by reason that his wife shoulde weare suche kynd of apparell or other thing, as in the same statute is specially mentioned and declared) to kepe or fynde one greate stoned trottinge horse and is not by this act before charged, to haue, mainteyne, and kepe any horse or geldinge, shall from the sayde fyrste daye of Maye, haue, kepe, and maynteyne one geldinge, able and mete for a light horseman, with sufficient harnes and weapon for the same, in suche maner and fourme as euery temporall personne hauinge lordeshippes, houses, landes, meadowes, pastures or woodes of suche estate as is aforesayde, of the clere yearely value of one hundred markes, is charged or appoynted to find haue and maynteyne by this present acte.
AND BE IT further enacted by thaucthoritie aforesayde, that yf any personne chargeable by this acte, as is aforesayde, shall by the space of any thre whole monethes after the sayde fyrst daye of Maye, lacke or wante the sayde number and kindes of horses, geldinges, armoure, weapon, and furniture aforesayde, or any of them, after suche rate, proportion, maner, and fourme as is in this acte aboue limitted, declared, and appoynted. That then euery suche personne shall forfeyt and loose for euery suche thre monethes that he shall so lacke and want the same number and kyndes of horses, geldinges, armoure, weapon, and furniture, or any parte thereof, for euery horse or geldynge so lackyng, ten poundes, and for euery dimilaunce and turniture of the same, thre poū des, and for euery corselet and furniture of the same .xl.s. and for euery almayne ryuette, cote of plate, or brigandine, and the furniture of the same .xx.s. and for euery bow & shefe of arrowes, byl, halbert, haque but steele cappe, scull, moryan and salette .x.s. the one moytie of which said [Page]forfeytures, shalbe to the kinge and Quene oure Soueraygne Lorde and Ladye, and to theyres and successours of the same our soueraygne ladye, and the other moytye to him or them that wyll sue for the same in any courte of recorde, by byll, playnte, action of debte, or information, in the whiche byl, playnt, action, or information, no wager of lawe, essoyne, or protection shall be allowed or admitted.
AND BE IT further enacted by the aucthoritie aforesayde, that the inhabitauntes of euery citie, boroughe, towne, parishe, and hamlette within this realme, other then suche as are speciallye charged before in this acte, shall haue, fynde, kepe, susteyne, and mainteyne, at theyr common charges and expences, suche harnes, and weapon, and as muche therof as shalbe appoynted by the comissioners of our sayd soueraigne lorde and ladye, and of the heyres and successours of the same our soueraygne lady, for the musters or vewe of armour within suche citie, boroughe, towne, paryshe or hamletre, there to be kepte, in suche place as by the sayd comissioners shall be apoynted. And the numbers and kindes therof to be wrytten and comprised in a payre of indentures, to be made betwene the sayde commissioners or two of them at the leaste, and twelue, eyghte, or foure of the chiefest of euery suche citie, borough towne, parishe, or hamlette, wherof one part to remayne with the cheif officer of the same citie, borough, towne, paryshe, or hamlette: and the other part to remayne with the clerke of the peace of the shyre or countye where euery iuche citie, towne, borough, paryshe, or hamlette shall stande or be. And if the same inhabitauntes of euery such citie, borough towne, paryshe, or hamlette, other then suche as are speciallye (as is aforesayde) charged, shall lacke or wante suche harnes or weapons, or any parte thereof, as shall be vnto them appoynted by the sayd comissioners for the musters or vewe of armoure, as is aforesayde, by the space of any thre monethes together next after any such appointment made: that then the same inhabitauntes shall forfeyte for euery the sayd thre monethes for euery suche harnes or weapons so lackyng after the rate aboue limitted, the one moytie therof to be to our sayde soueraigne lord and ladye, and to theyres and successours of our said soueraygne lady, and thother moytie to hym or them that wyll sue for the same in any of the courtes of recorde of our sayd soueraygne lorde and Ladye, and of the heyres and successours of the same oure soueraigne Ladye, by byll, playnte, action of debte, or information, wherein no wager of lawe, essoyne or protection shalbe admitted or allowed.
AND BE IT further enacted by thauctoritie aforesayde, that the lord Chauncellour of Englande for the tyme beynge, shall haue full power and aucthoritie by vertue of this presente acte, frome time to time to graunte out commissions vnder the great seale of England, to the Iustices of peace within euery shyre or countie of this realme, or to so many of them as by his discretion shall be thought mete and conueniente [Page vii]for the appointinge and limittinge of the sayd harnesses and weapōs, to be founde, kept, and mainteyned, in euery such citie, borough, towne parishe, and hamlette, at the common charges of the inhabitauntes thereof, as is aforesayde.
Prouided alwayes, that this acte or any thinge therein conteyned shall not extende to take awaye or discharge any tenaunt, or fermour, of his seruice or couenaunte towardes his Lorde, for the fyndinge of horse, armoure, or weapon, or for doynge of seruice by him selfe or anye other, whiche, by the tenure of his lande or ferme, he is bounde to do, at the time of makinge of this acte, but that he shall yelde, paye, and doe the same in as large ample maner and fourme, as though this act had neuer bene had ne made.
AND be it further enacted by thaucthoritie aforesayd, that the iustices of peace, of euery Shire, shal haue power and aucthoritie by vertue of this acte, from time to time, to make search and vewe of and for the sayd furnytures of horses, geldinges, armour and weapon, to be founde mainteined and kept by any person abouesaid, hauynge lordshyppes, manors, houses, landes, meadowes, pastures or woodes to ye clere yerely value of .CC. poundes or vnder, and not aboue the yearely value of .CCCC. pounds, or to be found, mainteined or kept by any person or persons chargeable by this act, by reason of hys or their goodes, cattels, annuities, fees, or copyholdes as is aforesayd, and to heare and determine at their quarter Sessions all and euery the defaultes committed or done contrary to this acte, within the countye, where suche Sessions shalbe kept, by inquisition, presentment, byl, or informatyon before them exhibited, or by examination of two lawefull wytnes, at the discretion of the same Iustyces, & to award processe therevpon as though they were indicted before them by verdict of .xii. men or more. And vpon the conuiction of the offender by informatiō or suit of anye other then the kinge or the quene, or of theires or successours of ye quene to make estreates of the one moitie of the said forfeytures to be leuyed to thuse of oure sayd soueraygne lorde and lady, or of theirs or Successors of the same our soueraigne lady, as they vse to doo of other fynes issues, and amercyamentes, growynge in the Sessyons of peace, and to awarde execution of the other moytie for the compleynaunte or informer agaynste the offender, by fieri facias or capias, as the kinges Iustices at westminster, may doo and vse to doo. And yf any such conuiction shal hereafter happen at thonely sute of oure sayde soueraygne lorde and ladye, or of the heires or successoures of the same our Soueraygne lady, that then the whole forfeytures to be estreated and leuyed to their vses onelye.
AND BE IT FVRTHER enacted by the aucthorytie aforesayde, that whensoeuer anye personne shall at anye tyme hereafter be conuicted by vertue of this acte, for anye defaulte or thinge mentioned [Page]in thys acte, that then the same person shal not otherwise or eftsones be vexed, troubled, sued or conuicted for the same defaulte or thing, wherfore he shalbe so conuicted.
AND be it moreouer enacted by the auchtoritie aforesayde, that yf anye Souldioure shall at anye tyme hereafter make sale of his horse, harnes, and weapon, or anye of them contrarye to the fourme of the sayde statute, made in the saide seconde and thirde yeares of the saide late kinge, that then not onely the same Souldiour shall incurre the penalties of that statute, but also the sayde sale made by suche souldioure to any person or personnes knowing him to be a souldior, shalbe voyde and of none effecte, agaynst him or them that founde or set forth the sayde horse, harnesse, and weapon, or any of them, to, or for the furniture of suche souldioure to serue with the same.
PROVIDED alwayes, that no person shall be impeached or troubled for any offence done contrary to this acte, onlesse presentmente or sute therof be had, made, or taken wt in one yeare next after thoffence done, any thing in this act to ye contrary therof in any wyse notwtstanding.
PROVIDED alwaye and be it enacted by the aucthoritie aforesayde, that if at any time hereafter it shal fortune any person or persons aforesayde, to be sued or impeached for any forefeyture or penaltie, for not hauinge, susteyninge, or kepinge such furniture of corselets, pykes, haquebuttes, or morians, as by this acte is before limitted, rated, and apointed, and for his or theyr excuse and aunswere, shall alleage and pleade that the same furniture so lacking, coulde not by him or them conueniently be had, gotten, or prouided, for want and lacke of the same within this realme, accordinge to the tenure and purporte of this acte, the same matter of want and lacke as is aforesayde, shall be allowed, and taken for a good and sufficient aunswere and barre in the lawe, in case it be true, and if the same be denied or trauersed, that thervpon an issue shalbe ioyned, and that the triall shall be of euery suche issue onelye had by the certificate to be made by the Lord Chauncellour, Lorde Treasurer, the Lorde president of the Councell, the Lorde Stewarde of the Kynges and Quenes moste honorable householde, the Lorde pryuye Seale, the Lorde Admirall, and the lorde Chambrelayne of the sayde householde, or by thre of them, in wrytinge vnder theyr seales, or the seales of thre of them, this presente acte, or anye statute, lawe, or vsage heretofore had to the contrary notwithstanding.
PROVIDED also and be it enacted by the aucthoritie aforesayde, that no personne or personnes chargeable by vertue of this Acte, to or for the fyndynge or hauynge of anye Horse, Geldynge, Armoure, Weapon, or furnyture for the warre, as is aforesayde, shall be charged with the same, or with any of them both, for his manours, houses, landes, meadowes, pastures and woodes, and also for his goodes, catels, fermes, leases, copyholdes, rentes, annuities.
Prouided also and be it further enacted by thauctoritie aforesayde, that this acte or any thinge therein conteyned, shal not in any wyse extend or be adiudged or interpreted, to abrogate, repeale, or make voyde any part, sentence, matter, clause, article, or thinge, conteyned or specified in the statute, made in the .xxxiii. yeare of the raygne of the late noble Prince of worthy memory kinge Henry the eight, for or concerning the hauing of long bowes and arrowes, & the vsing, order, exercisyng, and mayntenaunce of archery, and shotinge in longe bowes, but that the same statute, and euery article, clause, sentence, and thinge therein conteyned and specified, touching, or in any wyse concerninge the hauinge of longe bowes, arrowes, vsinge, order, exercisinge, or maintenaunce of archerye, and shotinge in longe bowes, shall stande and remayne in force, and be obserued, perfourmed, and kepte, accordynge to the tenure, effecte, and true meaning of the sayd acte, vpon the paynes conteyned in the same, as this acte had not bene hadde ne made, this present act or any thinge therin conteyned to the contrary in any wyse notwithstandinge.
PROVIDED also, that yf it shall fortune the sayde furniture of armure aforesayd, or any parte therof, at any time hereafter to be lost or spente in any seruice of defence of this realme, or elles the horses or geldinges aforesayd, to be kylled or distroyed, or els by some other occasion to be dead, that in such case or cases, no person or persones shalbe charged wt any forfeiture or penaltie aforesayde, for not hauinge suche quantitie or number of armour, horses, or geldinges as is aforesayde, so that he or they within one yeare next after such losse or want, do supply the same againe in al points, according to the true meaning and purport of this act, any thing in the same act to the contrary therof notwithstanding.
Prouided also, that the want of any gauntlet or gauntlets, shal not be demed, accoumpted, or taken for anye tacke or wante of furnyture for a corselet, any wordes before expressed, soundinge to the contrarye notwithstandyng.
Prouided also and be it enacted by thaucthoritie aforesayde, that euery person and persons charged with the fyndinge of any haque but, and his or theyr seruaunt or seruauntes, shall and may exercise and vse shotinge in the same haquebutte, at suche markes as are limitted and appointed by the statute made in the .xxxiii. yeare of the raygne of king Henry the eyght, or at theyr owne proper games, so that they cary not, or vse not the same haque but in any hyghe waye, vnlesse it be comynge or goynge to or from the musters, or marching towardes or from the seruyce of defence of the realme, any clause or article in the sayde acte of the .xxxiii. yeare, to the contrary notwithstanding.
Prouided alwayes, that this acte ne any thinge therin conteyned, shall extende to charge any person or persons, dwellinge or abydinge within the countreis of Northwales, and Southwales, and within [Page]the countye Palentine of Lancaster and Chester, or either of them, with the findinge or hauinge of any haque but, but that they and euery of them, shall and maye at theyr wyll, libertie, and pleasure, haue and kepe, in stede and place of euery haquebutte, charged by this acte, one longe bowe, and one shefe of arrowes, ouer and besides suche other armour and munition as is by the lawes of this realme limitted and appoynted, anye thinge in this acte to the contrarye notwythstandinge.
PROVIDED alwayes that the Lorde Chauncelour of England, or keper of the greate seale for the tyme beinge, shall and maye from time to time by vertue of the kinge and Quenes highnes commission, name assigne, and appointe comissioners in euery citie, boroughe, and towne corporate, wherein there be Iustices of the peace, as well in Englande as in Wales, so many of the same Iustices of peace, with suche and as manye other personnes, to be ioyned with them dwellinge oute of the sayd cities, boroughes, and townes corporate, as he or they shall thinke mete, to take viewe of armour in euerye of the same cities, boroughes, and townes corporate, accordinge to this presente acte, and also to assigne what harnes and armoure shall be prouided and kepte by the inhabitauntes of euery suche citie, boroughe, and towne corporate, as is aforesayde, accordinge to this present acte.
AN ACT for the takinge of musters.
The .iij. chapter.
WHERE heretofore commaundement hath ben geuen by the kinge and Quenes maiesties, and other the progenitours of the Quenes maiestie, kynges of this realme, to diuers and sondry personnes, to muster their maiesties people and subiects of this theyr realme of England, and to leuye a number of them for the seruice of theyr maiesties and of this realme, in theyr warres, suche as were most hable and likeliest to serue well in the same, whiche seruice hath ben greatly hyndered, as well for that a greate number hath absented them from the sayde musters, whiche ought to haue come to the same, as also for that manye of the moost hable and likelye men for that seruice, haue bene through frendshippe or rewardes, released, forborne, and discharged of the sayd seruice, & some other not being able or mete, taken, appointed, and chosen thervnto, and yet the same disabilitie and vnaptnes notwithstanding, the same vnable & vnmete persons vpon summes of mony, or other kind of rewardes, or exactions by thē payd, to some suche as had the order of the saide musters, haue ben also released and discharged of the sayd seruice, to the great impoueryshmente of [Page ix]the subiectes, and cheyfely to the great peryl and daunger of this noble realme, in the hinderaunce of the true and necessary seruyce thereof.
FOR remedy wherof, be it enacted by the king and quene our soueraygne lord and lady, with thassent of the lordes Spirituall and temporall, and the commons in this present parliament assembled, and by thaucthoritie of the same, that yf anye person or persones, that shal be commaunded, at any time hereafter, generally, or speciallye, to muster afore any such as shall haue aucthoritie or commaundement for ye same by, or from the kyng and quenes Maiesties, or by theires or successors of the quenes maiestie, or by any lieutenaunte, wardeyne or other person or personnes aucthorysed for the same, do willyngly absente hym or them selfes from the same musters, hauyng no true and reasonable excuse of syckenes, or other laweful impediment, or at their apparaunce at such musters, do not bryng with them such their best furnyture of arraye, and armoure, as he or they shal then haue for hys or their owne person in a redynes, shall for euery such defaulte and offence, haue and suffer imprisonment by the space of ten dayes, without bayle or mainepryce, by the commaundemente of suche as shall haue aucthoritie as is aforesayd, to take the same musters, onlesse he or they soo offendyng as is aforesayd, doo agree to or with the said commissioners, or two of thē, to paye to thuse of the kyng and quene our soueraygne lord and ladye, or of the heires and successoures of the same oure soueraygne ladye, for euery such offence, fourty shyllynges for a fyne, whiche sayde fyne after agrement for the payment of the same as is aforesayd, shalbe certified and estreated into the court of the escheker at Westmynster, by such as shall haue power to take the sayd musters as is aforesayd, or by two of thē, vnder their seales or ye seales of two of thē, within the space of two monethes next after such agrement, to pay the sayde fyne had or made, and the same fyne so estreated to be leuyed in such fourme as fynes assessed by the Iustyces of assise, or of Gaole deliuerye, in their circuites are vsed to be leuyed.
AND BE IT FVRTHER enacted by the aucthoritie aforesayd, that if any person or personnes which at any time or tymes hereafter shall be commaunded or appoynted by the kyng and Quene our Soueraygne Lord and lady, or by the heires and successours of the same our Soueraygne Lady, by their commission, letters, or otherwyse authorysed, to leuye muster or make any men to serue in their warres, or otherwyse for the defence of thys realme, do by any meane exact, leuy, receaue, or take, or cause to be taken any sūme or sūmes of mony, or other rewarde or thing whatsoeuer, of any person or persons, for seruice in the warrs, or that shalbe appointed, named or mustred to serue in ani such setuice, or for the sparyng, releasyng or dischargyng of such person or persones from the sayde seruice, that then euery such person that so shall offende in exactyng, receauyng or takyng by any waies or meanes anye sūme [Page] [...] [Page ix] [...] [Page]or summes of monye, or other reward, or thyng whatsoeuer as is afore said, shal for euery such offence forfeite .x. times so much as he shal so receyue exacte or take.
AND be it further enacted by thauctoritie aforesayd, that yf any capytayne, pety capitayne or other, hauynge charge of men for seruyce in warre, shal for any aduauntage, lucre or gayne by hym to be taken, or receyued, dyscharge or lycence, any of the souldyours, or men appointed to serue in the warres, vnder his rule or order, to depart from ye same seruyce, or shall not paye vnto his souldioures, and to euerye of them, their full and whole wages, conducte and coate monye, within tenne dayes next after that such capitayne, pety capitayne, or other hauynge charge of men as is aforesayd, shall haue receyued the same, that then the party so offendyng in geuyng any suche lycence or dyscharge as is aforesayde, shal lose & forfeyt for euery such offence, ten tymes the value of the thing so taken or receyued, and shal also paye to euery souldiour from whom he shall so withhold any the sayd wages, conduct, or coate mony; treble the summe so withholden, the one moytie of al which forfeytures, other then such as before by this act is lymitted or geuen to the sould your or souldyors as is aforesayd, for their wages, coate or conducte mony withdrawen, shalbe to the king and the quenes maiesties, and theirs and successoures of the quenes maiestye, and thother moitie there of to hym or them that wyll sue for the same, by action of debte, byll, playnt, information or otherwyse, in any court of record, in which action or sute no essoygne protection or wager of law, shalbe allowed.
AND be it further enacted by the aucthoritie aforesayd, that all Iustices of assises in their circuites, and al Iustyces of peace, within the lymittes of their commission, in their assises and sessyons, and Stewardes of leetes, lawedayes, and libertyes, at their leetes and lawdaies shal and maye from tyme to tyme enquire, here, and determyne euerye of the sayd offences, commytted or done contrary to thys acte, wythin the precynctes of their commyssion, leete or lybertye, and yf any person or persons shalbe before the sayde Iustyces of assise, Iustices of peace, or any of them, presented or indicted of any thoffēces aforesaid that thē the said iustices of assise, or iustices of peace, before whom suche indytement or presentment shalbe taken or had, shal and may by the aucthoritye of this act, award such proces against euery such person or persons so indited as vpō inditements of trespas is vsed and accustomed to be made, & if any such persō or persons so indited, do appere before the said iustices & confesse the same, or plede to the same indytementes, & after by verdycte of .xii. menne shal be of any the sayde offences conteyned in such inditemēt or inditements conuicted, yt thē the said Iustyces before whō any such conuyction shalbe so had, shal & may award such person or persons so conuycted vnto pryson, there to remayne without bayle or maynepryce, vntyll such tyme as he or they haue payd, or satisfyed the [Page x]moytie of the forfeiture aforesayd, vnto the kyng and quenes maiesties vse, and thother moitie therof vnto hym or them that shal come before the sayd Iustyces and geue euidence agaynst the partye to be conuicted at the time of the sayd conuiction, and by whose euydence he shalbe of the said offēce conuicted. And yf any such cōuiction shalbe had wtout any euydence openly giuen by any person or persons, that then the partye conuicted as aforesayd shal remayne in prison as is aforesayd, vntil he haue satisfyed the hole forfeiture to the king and quenes maiesties vse.
PROVIDED alwayes and be it further enacted by thauctoritie afore sayd, that yf any the offences aforesayd, touching captaines, pety captaynes, or other hauyng charge of men, shalbe committed durynge the time that any army or number of mē being vnder a lieuten aunt shalbe assembled and continue together, or by any captaine, pety captaine, or other hauyng charge of men that shal serue vnder any lord warden, or other cheiftayne, that then vpon complaint thereof, the lord lieutenaūt or the lord warden, or other cheyftayne, durynge the tyme of anye hys or their commyssyon shall and maye heare, order, and determyne the same offences, by hys or theyr dyscretyons.
Prouyded alwayes that thys acte, nor any thyng therein conteined shall not in any wise extend to take awaye or discharge any tenaunte or fermoure of hys seruice or couenaunt, towardes hys lord, for the findynge of horse, armor or weapon, or for doynge of seruyce by hym selfe, or by any other, whych by the tenure of hys lande or otherwyse is boū den to do before the makyng of thys acte, but that he shal yelde, do and paye the same in as ample maner and forme as though this arte had never bene had or made.
Prouyded also and be it further enacted by thaucthoritie aforesayd that yf any such capytayne, pety captaine, or other hauynge charge of men as is aforesayd, shalbe at anye tyme hereafter conuycted, or ordered by vertue of thys acte, for anye of hys offences aforesayde, that then the same Capytaine, petie Capitaine or other hauing charge of mē as is aforesaid, so conuicted, shal not otherwise or eftsones be vexed, troubled, sued, or conuicted for the same offence, whereof he shal be so before conuicted or ordered.
AND where one braunch or article conteyned in the statute made in the seconde and thyrde yeare of the reygne of the late kynge Edwarde the syxte, intituled, an acte touchinge the true seruyce of Captaynes, and Souldyoures, whereby the departure of anye Souldyoure seruynge as in the sayde acte is expressed, wythoute lycence of the lyeutenaunte or other offycer or offycers named in the sayde acte, or in their absence, of their deputies, was made felonye is of noo force, strengthe, ne effecte, at thys presente, by reasonne of the acte of repeale of certayne treasonnes felonyes and primynyre made in [Page]the first session of the parliament holdē at Westminster, in the fyrstyere of the Quenes maiesties reygne. Be it for good and reasonable consideratyons enacted and establyshed by thaucthoritie of thys present parliament, that the sayd braunch or article, and euerye sentence and matter therin conteyned, be from henceforth holy reuyued, and recontynued, and be and remayne in full strength and effect to al intentes, cōstructions and purposes, the sayde acte of repeale notwithstandynge. And that al and euery other article, clause, prouyso, and matter conteined in the same acte, shall stand, remayne, and be in their full force, strengthe, and effecte. Any thing in this acte conteined to the contrary notwithstandynge.
AND yet neuerthelesse wherin the sayd acte it is prouyded, that no person or persones, should be charged for the takynge or receyuynge of any gyfte or rewarde of anye of hys or their tenauntes or frendes towardes the releyfe, ayde, or helpe of the same personnes beynge commaunded to serue in warres, or otherwyse to fynd men on horsebacke, or on fote, within thys realme or withoute, nor for the gyfte, rewarde, ayde or helpe reserued, or couenaunted, to be payde or gyuen to any person appoynted to serue in warres, or to fynde horse or men, to serue by reason of any graunt, couenaunte reseruation, custome or tenure, any thyng in the sayd acte to the contrary notwithstanding, as by the said acte and prouyso more playnely it doth and maye appeare. Be it enacted by thaucthoritie of this presēt parliamēt, ye no person or persons shal or may by coulour of the said prouiso, or of any wordes or matter therin conteyned, exact or demaund, or leuy any summe or summes of mony, horse, armoure, or any other thyng, other then shalve employed furthwith in the present seruyce of those warres, of the kynge and queenes maiesties, her heires or successoures, for whych it is leuyed, the whyche summe or summes of mony, horse, armoure, or other thyng, or as much thereof as shal not be spent, lost, or consumed in the sayd seruyce, shalbe rendred and restored to such person or persones, as payde or delyuered the same, vpon the penaltyes and forfeytures, conteyned in ye said acte.
PROVIDED alwayes, that no person or persons, inhabitynge within any cytye, borough, or towne corporate, being a countye of it selfe, or in whych any Iustices of peace be or herealter shalbe, by charter, shalbe compellable by vertue of thys acte, to make his or their apparaunce, with such furniture as is aforesayd, at any muster hereafter to be had, or taken out of the Suburbes, precinct, or lyberties of the same Citye, Borough or Towne, nor before any person or persons, aucthorysed by cōmission or otherwise as is aforesaid, onlesse the maior, or other hed of fycer, of such citie, borough, or towne, & one other discrete inhabitaunt of the same at the least be ioyned in the same commission or other aucthoritie as is aforesayd, with the same other person or persons so aucthorised, any thing before mentioned to the contrary notwithstāding.
AN ACTE that accessaries in murder and dyuers felonies, shall not haue the benefit of clergie.
The .iiii. Chapter.
FOR THE due punysshmente of suche as commaunde, counsell, or hire any person or persons, to commit, perpetrate, or do any petie treason, wylful murdre, or any of the offences in this presente acte mentioned. Be it enacted by the aucthoritie of this presente parliamente, that all and euerye personne and personnes that after the fyrste daye of Marche next comminge, shall maliciously commaunde, hyre, or counsell any person or persons, to committe or do any petye treason, wylfull murder, or to do any robberye in any dwellynge house or houses, or to committe or do any robbery in or nere any high waye in the realme of Englande, or in any other the Queues dominions, or to commit or do any robbery in any place within the marches of Englande agaynst Scotlande, or wylfully to burne any dwellynge house, or any parte thereof, or anye barne then hauynge corne or grayne in the same, that then euerye suche offender or offenders, and euery of them beynge outlawed thereof, or beynge thereof arraygned and found gyltie by the ordre of the lawe, or beyng otherwyse lawfully attaynted or conuicted of the same offence, or beynge arraygned therof do stande mute of malice or frowarde mynde, or do chalenge peremtorye aboue the nombre of twenty persons, or wyll not aunswere directly to suche offence, shall not haue the benefite of his or theyr clergye.
PROVIDED alwayes and be it enacted, that euery lorde and lordes of the parliament, and piere and piers of the realme, hauing place and voyce in the parliament, vpon euery inditement for any of the offences aforesayd, shalbe tryed by theyrpiers, as hath bene accustomed by the lawes of this realme.
AN ACT touchinge the makinge of wollen clothes.
The .v. Chapter.
WHERE in the parliament holden at westminster, in the fift and sixt yeare of the reigne of our late soueraigne lorde kinge Edward the sixte, there was by great deliberation and aduise one good acte made for the true & perfect making of wollen cloth within this realme, sythence the makyng wherof, diuers clothiers found them selues agreued, alleging that it is vnpossible for them to obserue ye same act in all poyntes, & haue in this present parliamēt praied some mitigation therof, it is therfore at theyr special instaūce & request ordered, established, enacted, & prouided, in maner & fourme folowing.
IN PRIMIS, that euery white cloth & clothes comonly called longe Worcesters, & all like clothes of like making mentioned in the said act, which by ye same was limited to weigh .ixxxiiii. poūdes, being wel scoured, thicked, milled, and fully dryed, shal weigh .ixxv. poūds at the least.
Itē, euery white cloth which shalbe made in the counties of Wyltes. Gloucester, & Somerset, or any of thē, or els where of like makinge, being apointed by the said acte to weigh .lxiiij. pounds, shal weigh being well scoured, thicked, milled, and fully dried .lxj. poundes at the leaste.
ITEM, euery broade cloth made in the shyres of Kent and Sussex, or at the towne of Reding, or any of them, or els where of like makynge, mentioned in the sayd acte, whiche by the same was limitted to weigh lxxxx. poundes at the least, shall weygh beinge well scoured, thicked, mylled, and fully dried .lxxxvi. poundes at the leaste.
ITEM, that euery course short cloth made in ye shyres of Suff. Norff. and Essex, or any of them, or els where of like sort, & euery course clothe to be made within the Shyre of Kent, not exceadinge the price of syxe poundes, all whiche by the sayde Acte are appoynted to conteyne .vii. quarters of a yarde at the least in breadth, shall conteyne and be at the water, beyng thorough wette, sixe quarters and a half within the liste through and by all the whole cloth at the leaste.
ITEM, euery yarde of cloth commonly called handy warp, being welscoured, thicked, mylled, and fully dried, shall conteyne the breadth specified in the said act, & shal weigh two poundes and a half at the least.
And forasmuch as many persons do counterfet the making of Coksal, Bocking and Braintree clothes comonly called handiwarpes, adding there vnto such like listes as the makers of suche clothes do, to the great deceipte of the king and Quenes maiesties subiectes. Be it therfore enacted, that no person or persons from the first day of May nexte coming, shal adde vnto any cloth or clothes, any such like liste or listes, except the warpe therof be sponne vpon the rocke or distaffe, vpō paine of forfeyture of the same cloth or clothes, or the very value therof. Prouided alwayes that the clothe makers within the citie of Worcestour may make suche listes as they haue done heretofore.
Item that no person or persons inhabiting within the westriding in the countie of yorke, shal make or cause to be made any broade clothe or clothes called pewkes, tawneis, violets, or grenes, except the wolther of before it be conuerted into yarne, be fyrst died, litted, and coulered wt the couler blue, of the value of two pence a poūd, vpō pain of forfeiture of euery such colored cloth, or ye value therof, wherof the wol shal not be first died, litted, & colored wt the couler blue of .ij. d. a. li. as is aforsaid.
Item that euerye ordinarye karsey mentioned in the said acte, shall conteine in length in the water betwixte .xvi. and .xvii. yardes, yarde and ynche, and being wel scoured, thicked, milled, dressed, & fully dried shall weighe .xix. poundes the peece at the leaste. And euerye karseye [Page xii]called sortinge karsey, mentioned in the sayde Acte, beynge well scoured, thicked, mylled, dressed, and fully dryed, readye to be shewed, shall weyghe .xxii. poundes at the leaste.
ITEM, that euery Deuonshyre karsey called Dossone, the whiche is appoynted by the same statute to weygh beynge drye .xiiij. poundes at the leaste, shall weygh beinge well scoured, thicked, mylled, and fullye dryed, after the rate of euery yarde one pounde at the leaste.
ITEM, that one article mentioned in the sayde statute concernynge welshe cottons touchinge the length and weight, shalbe clearely void, and euery gode of welshe lininge shall conteyne and be three quarters of a yarde in breadth in the water, and shall weygh one pounde and a halfe quarter, and euery yarde of cotton beyng fully wrought and cottoned, shall weygh one pounde at the leaste.
AND be it further enacted, that no person or personnes whiche shal buye to sell agayne by waye of retayle or otherwise, anye of the sayde welshe lininges, shall dresse or worke, or cause to be dressed or wrought within his or theyr dwellynge house or houses, or in any other place by him selfe, or his seruaunt or seruauntes, anye of the sayde welshe lininges, but shall put the same to some suche person or persons, as shalbe of the arte or science of Sheremen, Cottoners, or frysers, to be by theim wrought and dressed, vpon payne of forfeyture for euery welshe cotton or lyninge, frysed or cottoned to the contrary .vj. s. viij. d.
ITEM, that all and euerye cotton or cottons called Manchester, Lanckeshire, and Chesshyre cottous, and all clothes called Manchester Rugges, or Manchester Fryses, maye be deuyded into two halfe peeces, and shall conteyne and be after the rate of suche breadth and weyght, as in the sayd actis limitted and apoynted to a whole peece of euery of the seueral peeces of cottons & rugges aforesayd any thing in the said former statute to the contrary in any wise notwithstāding.
AND if any cloth or karsey of the seuerall kindes of makinges, mentioned in the said former act, or this estatute, do excede the seueral lengthes mentioned in the same, that then euery yarde so excedinge, shall weygh after such rate as euery yarde of suche cloth or karseys conteyning the sayd seuerall lengthes, shall or ought to weygh, vpon payne of forfeyture for euery yarde, not weyinge after suche rate .v.s. And if any suche cloth or karseys shall lacke of such weyght as by the sayd statute or this acte it ought and is appoynted to haue, then the maker thereof or other person in whose handes or possession the same shall be founde, shall forfeyte for euery pounde lacking aboue .iiij. poundes .v.s. and also for euery pounde exceadinge not aboue .iiij. poundes .ij. s. in maner and fourme as in the sayd former acte is appointed.
ITEM, one article mentioned in the said statute, wherein the alneger is prohibited to set his seal to any cloth or karsey which shal proue pursy, bandy, squally, in or by warpe or wofe, or els shal happen to be euell [Page]burled or wasted in the mylle, or otherwyse to be full of holes, mylbrackes, or to be hoolye, shalbe voyde and of none effecte.
ITEM it is enacted that if at any time after the fyrste daye of Maye, anye clothe or karsey, thoroughe the defaulte or necligence of the karders, spinners, or weauers, or any of them, shal, or do proue eyther pursey, cockeley, bandye, squally, or rowye, by warpe or woofe, or els shall happen to be euell burled, or wasted in the myll, or elles thoroughe the defaulte or necligence of the myll man, or otherwyse, to be full of holes, mylbrackes, or to be hooly, that then the maker of euery suche clothe or kersey so beynge defectiue or faultie as is aforesayde, shal fixe vnto euerye ende of the sayd clothe or karseye so beynge defectiue and faultye, and offred to be solde, one seale of leade, in the whiche seale shalbe ingraued this worde (faultye) vpon payne of forfeyture of suche clothe or karsey, or the value thereof so offred to be solde, wherevnto suche seale shall not be set.
ITEM, the article mentioned in the sayde former acte of retourninge of defectiue clothes, karseyes, frises, or cottons beyng transported ouer the seas by the marchauntes, shalbe vtterly voyde. But neuertheles be it enacted by the aucthoritie aforesayde, that if it shall fortune hereafter any marchaunte or marchauntes, to transporte anye clothe or clothes, karseys, fryses, or cottons, whervnto the seale with this word (faultye) was not annexed at the tyme of the sale therof by the clothier, and the same clothes, karseys, fryses, or cottons so transported, or anye of them to be founde faultie or defectiue, and the same marchaunt or marchaū tes therof, within two yeares after suche sale, to brynge a certificate, sealed with the seale of any towne or companye in the parties beyonde the seas, or signed by a Notarye there, after the accustomed maner, testisienge and declarynge therby the losse and damage whiche the marchauntes shall haue susteyned by suche defectiue and faultie clothe or clothes so transported, that then the clothier or clothiers, or other person of whome the clothe or clothes was boughte, theyr executours or adminisiratours, shall within sixe wekes nexte after requeste made by the sayde marchaunte, his executours, administratours, or assignes, well and truelye satysfye coutente and paye, to suche marchaunte, his executours or administratours, or assignes, all and euery suche summe and summes of money as shal so be mentioned, expressed, and declared in the sayd certificate, vpon payne of forfeyture to the partye greued, for euery none payment vpon suche requeste, double the value of suche summe or summes mentioned in the sayde certificate.
PROVIDED alwayes, that suche marchaunte shall not in anye wyse haue by vertue of this act, any recompence for lacke of length, breadth, or weyght, of, or for any cloth, whervnto the seale of any citie-borough or towne corporate shalbe fixed.
ITEM, yf any personne shall by him selfe, or by any other personne by [Page xiii]him procured coūterfet, set to, or take away frō any cloth, karsey, frise, rugge, or cotton, any seale appoynted to be fixed to any clothe, karseye, fryse, rugge, or cotten, eyther by this acte, or by the sayde former estatute, that then euerye suche personne so offendinge, shall incurre and haue like penalties, forfeitures, and punishmentes, as in the sayde former acte is apoynted and limitted for the like offence.
And for the better execution as well of this presente acte, as of the sayde former estatute, and to the intente that all kinde of karseys, cottons, frises, rugges, and other wollen cloth, made in any towne shalbe the better knowen, it is further enacted, that the seal of euery borough or towne corporate, appoynted, or to be appoynted for the sealynge of anye suche kynde of cloth, shall be fixed to all and euery suche kynde of clothe, beynge well and substaunciallye made within suche Citie, boroughe, or towne corporate, whyche clothe so Sealed with the seale of anye Citie, Boroughe, or Towne corporate, shall not be searched, tryed, or viewed by anye Searcher or Sealer of anye other Citie, Boroughe, or Towne corporate, by vertue of his sayde office, anye thynge in thys acte, or in the sayde former estatute to the contrary notwithstandinge.
Item, be it further enacted by the auctoritie aforesayde, that euerye personne and personnes, not dwellinge and inhabitinge within anye Citie, Borough, or corporate towne, and makinge any of the clothes or karseys aforesayde, maye lawfullye bringe the same to the nexte Citie, Boroughe, or corporate towne, where anye suche kynde of clothes or karseys be or shalbe commonlye made, there to be sealed in maner and fourme as is before expressed.
Item, yf any Searcher or Sealer apointed, or to be appointed by vertue of this presente acte, or of the sayde former Statute, shall sette the Seale of anye Citie, Boroughe, or Towne corporate, to any cloth, whiche shall not conteyne suche lengthe, weyghte, and breadth, as in the sayde former Statute, or in this presente acte is appoynted, that then the Mayer and Cominaltie, or Baylyf and Comynaltie, or other corporation of the Towneshippe, by whatsoeuer name or names it or they shalbe incorporated, where suche cloothe, karfeye, fryse, cotton, or rugge shalbe so sealed, shall forfeyte and lose the hole value of the cloth so fealed.
It is also enacted by the aucthoritie of this presente parlyamente, that the sayd Searchers or Sealers, and euery one of them, shall haue full power and aucthoritie by vertue of this Acte, in the daye tyme, to entre into all and euerye house and houses, of euerye personne or personnes, where he or they shall thinke mete to searche, and to trye all and euerye kynde of cloothes, karseyes, fryses, and rugges as they shall fynde defectyue, eyther in lengthe, breadthe, or weyghte, and the same to trye by water and weyghte, and alsoo to searche [Page]and sease as forfeyte all and euery cloth and clothes made of other colours then in the sayde former acte is appointed, fryars gray, crane coloure, purple, and olde medley coulours, mooste commonly vsed to be made before twenty yeares last past, onely excepted.
AND yf anye manner of personne or persones, at any tyme after the fyrste daye of Maye nexte comminge, shall deny, withstande, or withholde any cloth or clothes, karseys, fryses, rugges, or any of them, from the sayde Sealers or Searchers, or any of them, or wyll not suffer thē to enter into theyr shops, warehouses, houses or places wher theyr clothes, karseys, fryses, or rugges shall be, the same to be searched and tryed as is aforesayde, that then euerye suche person or persons so denyinge or withstandinge, for euery suche withstandyng, withholding or deniall, to forfeyt and lose .x. poundes.
Be it lykewyse further enacted, that it shall not be lawfull for any of the sayde Searchers, or Sealers, or anye other personne, to searche anye manner of wollen cloothe or karseye, wherevnto the Seale of a Citie, Boroughe, or Towne corporate, shall be fyxed, within the common clothe markette of London, commonlye called Blackewell hall, or in anye common clothe faire, or clothe markette of anye other Citie, Boroughe, or Towne corporate, in and durynge the tyme of the fayre or markette, anye Acte or Statute to the contrarye notwythstandynge.
BE IT further enacted, that all and euerye article, clause, and sentence in the saydeformer Statute made in the fyfte and sixte yeare of the reygne of oure sayde late Soueraigne Lorde, kynge Edwarde the Syxte, beinge not repugnaunte or contrary to anye article, clause or sentence conteyned in this presente acte, shall stande in full force and effecte.
Prouided alwayes, that no persone or personnes shall incurre the daunger, penaltye, or forfeyture limitted and appointed for any offence in the sayde former acte, the which is already mittigated or otherwise appointed by this present acte.
AND be it further enacted by the aucthoritie aforesayde, that euerye clothier shall cause euerye clothe whiche he shall put to sale, frome and after the feaste of the Natiuitie of Sainte Iohn Baptiste necte commynge, to be marked with the letter M. crowned, wrought in the cloth, vpon payne to forfeyte .xx.s. for euerye clothe, beynge solde or put to sale by anye suche clothier after the sayde feast not marked with the sayde lettre M. as is aforesaide.
And moreouer be it enacted by the auctoritie aforesayd, that no person or persons after the said feast of the natiuitie of S. Iohn Baptist, shal sel or put to sale within the realme of England, any coloured cloth of any other colour or colours then are hereafter in this act mentioned that is to saye, scarlet, red, crimson, morrey, violet, pewke, brownble vs [Page xiiii]blacke, grene, yellowe, blue, oriche tawny, russet, marble, gray, sad new coulour Azner, watchet, shepes couloure, Lyon colour, motleye, yron gray, friers graye, crane colour, purple, and olde medley colour, moste comonly vsed to be made aboue and before .xx. yeares last past.
ITEM, where as diuers aunciente cities, boroughes, and townes corporate within this realme of England, hath ben in times past well and substauncially inhabited, occupied, maynteyned, and vpholded, as well by reason of makinge of broad wollen clothes and karseys, as also by diuers other artificers, inhabitinge then in the sayd townes, at whiche time also the vyllages and husbande townes flourysshed, and husbandrye and tyllage was well mainteined, to the great benefite of the realme, and all the people therin, forasmuch as diuers yeares paste, suche persons as do vse the feat or mistery of cloth making, not contented to liue as artificers, and with the trade wherein they haue bene brought vp, do daylye plante themselues in villages and townes, beinge no cities, boroughes, nor corporate townes, and there occupying the seate and place of a husbandman, do not onely ingrosse diuiers fermes and pastures into theyr handes, displeasing the husbandman, and decaying the ploughes and tyllages, but also drawe with them out of cities, boroughes, and townes corporate, all sorte of artificers, wherby not onely diuers auncient cities, boroughes, and townes corporate, are vtterlye decayed, destroyed, and depopulated, but also husbandrye and tyllages very muche decayed, to the great hurte, damage, and preiudice of this realme, and the people therin, yf spedy remedy be not forsene. And forasmuche also as the weauers and workemen of clothiers when they haue ben traded vp in the trade of cloth making and weauinge .iij. or .iiij. yeares, do forsake theyr maysters, and do become clothiers and occupiers for thē selues, without stocke, skyll, or knowledge to the great sclaunder of the true cloth makinge, besides a greate number of inconueniences whiche do growe to the common welth of this realme therby, as dayly experience teacheth. Be it therefore ordeyned and enacted by thauctoritie of this present parliamente, that from and after the first daye of Maye next comminge, no personne or personnes whatsoeuer, shall vse or exercise the feate or misterye of makinge, weauynge, or rowinge of wollen clothes, longe or shorte, or karseyes, pynned whites, or playne streites, to thintente to put the same to sale, but onely in a market towne where cloth hath commonlye ben vsed to be made by the space of ten yeares last past, or in a citie, borough, or towne corporate, vpon payne of forfeyture for euery suche wollen cloth or karsey, made, wouen, or rowed out of such citie, borough, towne corporate or market towne, fyue poundes.
AND it is further enacted, that from and after the fyrst day of May no person whatsoeuer, shall weaue or make, or put to weauinge or makinge any wollen clothes or karseys last rehearsed, to be solde, vnles [Page]suche person shall haue bene apprentice to the occupation of makinge, weauinge, and rowinge of clothe or carseys, or haue ben exercised ther in by the space of seuen yeares before, vpon payne of forfeyture of suche cloth, or the value thereof.
And be it further enacted by the auctoritie aforesayde, that all and euery paynes, penalties, and forfeytures to be due by force of this statute, or of the sayd former acte being not otherwyse appointed, shall be deuided equally into two partes, whereof the one shalbe to the quenes highnes, her heires and Successours, and thother vnto him that will sease (in cases where seaser is limitted or appointed) or elles to him or them that wyll sue for the same paynes, penalties, and forfeytures, or any of them, by action, byll, playnte, information, or otherwise, in anye courte of recorde, wherein no essoyne, protection, wager of lawe, or iniunction shall be admitted, allowed, or obeyed.
PROVIDED alwayes, that it shalbe lawfull to anye person, nowe vsynge or exercisinge the feate or misterye of makynge, weauynge, or rowinge of clothe or karsey, to inhabite and dwell where he now doth, and there to vse the makinge, weauinge, or rowinge of cloth or karsey, as he hath done heretofore, any thinge in this acte to the contrary notwithstandinge.
PROVIDED alwayes, that it shall be laweful to all and euery person or persons, whiche nowe do, or hereafter shall inhabit or dwell in anye of the Shires of Northwales or Southwales, Chesshyre, or Lancka shyre, Westmerland, Cumberland, Northumberlande, Byshoprike of Durham, Cornewall, Suffolke, Kent, the towne of Goddelmyne in the countye of Surrey, or yorkeshyre, beyng not within twelue myles of the citie of yorke or in any the townes or vyllages nere adioyninge the water of Stroude in the county of Gloucester, where clothes hath ben vsually made by the space of twenty yeares last past, and hauynge bene prentice to the occupation of clothe makinge, or exercised in the same by the space of seuen yeares, to set vp, vse, and exercise the feate or mystery of makinge, weauinge, or rowinge of clothe oute of a citie, borough, or markette towne, as heretofore they myghte haue done, anye thinge in this acte to the contrary not withstandinge.
Prouided also, that it shalbe lawfull to any person, nowe vsynge or exercisinge, or that hath vsed or exercised the feate or mysterye of clothe makinge, the same to contynus, vse, and exercyse, althoughe he hathe not bene therevnto apprentice, or haue exercised the same by the space of seuen yeares, anye thinge in this Acte to the contrary notwithstanstandinge.
Prouided alwayes & be it also further enacted by thaucthoritie afore sayd, that it shall be lawful to euery person and persons, to sell & put to sale by retaile or otherwyse, all & euery suche coloured cloth and clothes as he or they nowe haue, as frelye as he or they maye lawfully sell anye [Page xv]clothes of the collours in thys present acte allowed to be solde, vntyll the feast of Saynt Mychaell tharchaungell nect ensuyng, Thys acte or the sayd former statute, in any wyse notwithstandyng.
AN ACTE to enquyre of the behauor of french men being Denizens.
The .vi. Chapter.
IN THEIR most humble wyse, shewen vn: to your most royall Maiestie, the lordes spirituall and temporall, and all other your most louyng and obediēt Subiectes, the commons in your moste high courte of parliament assembled, that where at a parlyament holdē at Westminster, in the .xiii. yere of the reigne of king Rychard the second, it was for sondrye good considerations, ordeyned and enacted, that no alyen frenchman, should haue or enioye any benefyce within thys realme, but that they shoulde be auoyded forthewith out of the same, before a certeyne time in the sayde acte limytted, as in the same acte is more playnely conteyned. And that at what hower, any pryores alyens, conuentuall or other benefice or offyce, geuen by tytle of the kyng, did voyde by laches, or deathe of the sayde pryor, and other occupyers, that than (duryng the warres) honest persons Englyshe, should be put therin, in the place of them to accomplyshe diuyne seruyce, and none of the enemyes aforesayd. And yet notwithstandyng the sayd ordynaunce, the sayde alyens frenchmen, by euell imagination and brocage, to contynue the euyll myschyfes of the sayd ordinaūce dyd purchase letters patentes of the kynge to be denizens, and lyeges of the kynge, and so sware to continue the same, to thuitent to occupye and enioye the sayd benefices, and by that meanes dyd occupye greate number of benefices, agaynste the sayd ordynaunce, by meanes where of the alyens french were incresed, to the deminishing of the Subiects of the kynge and the treasure of the kynge and the Realme dyd carrye oute of thys Realme, and the councell of the kynge did discouer to the enemyes of fraunce, to the great damage of the kyng and the Realme. For remedy whereof at a parliament holden at Westminster, the fyrste yeare of the reigne, of the most worthy prynce of famous memory, king Henry the fyfte, the same king consideryng the myschyfes aforesaid, by thaucthoritie of the same parlyamente, wylled that the sayd ordinaūce should be saufely holden and kepte, and put in due executyon, (certaine pryor aliens excepted) and that they shoulde put in suretye, not to discouer nor cause to be dyscouered, the councell nor the secretes of the [Page]Realme. And where sythence the makynge of the sayde Actes of Parlyamente, sondrye other good lawes and actes, haue benne made, aswell in the tyme of kynge Rycharde the thyrde, as in the tyme of kyng Henrye the Eyghte, in whych actes, it is prouyded, lymytted, ordeyned and declared, vnder what sorte the sayde Alyens, and euerye of them shoulde vse themselfes within thys Realme.
AND where also by one acte of Parlyament made at Westmynster, in the two and thyrtye yeare of the raygne of the sayde late kyng Henrye the Eyghte, it was enacted amongest other thynges conteyned in the sayde acte that al maner of Straungers borne oute of hys graces obeysaunce, whyche before that tyme were made Denyzens, or that after that shoulde be made Denyzens, from and after ye fyrst daye of September then nexte commynge, shoulde be bounden, and be obedyente, by, and vnto all the foresayde actes and statutes, made in the fyrste yeare of the sayde kynge Rycharde the thyrd, and in the fourtene and one and twentye yeares of the sayde kynge Henrye the Eyghte, and to all the contentes of the same, and to all other actes, and statutes of thys Realme before that tyme, made or from henceforth to be made. And that also in al and euery Letters Patentes, of or for anye Denyzen from and after the laste daye of the same Parlyamente, soo holden in the sayde two and thyrtye yeare, to be made to anye straunger, not beynge borne vnder the kynges obeysaunce, there shoulde be conteyned in euerye suche Letters Patentes, a prouyso that he or they to whome suche Letters Patentes, shalbe soo made and graunted, shoulde be bounden and be obedyente by and vnto all the actes, and Statutes, of thys Realme, as is aforesayde, and to all and euerye the contentes of the same, as by the same actes more playnelye it dothe and may appeare.
Yet Sythence the makynge of the sayde seuerall Actes, a greate number and multytude of the frenche nacyon, haue aryued into thys Realme, aswell nere to the Seasyde, as else where, and vnder a fayned false and vntrue promyse or othe of alegyence, and faythe promysed to be by them borne to thys Realme, they haue of late yeares sithence the sayde two and thyrtye yeare of the Reygne of the sayde late kynge Henrye the Eyghte, by synyster and vndue meanes obteyned, dyuers and sondrye seuerall Letters Patentes, whereby they be made Denizens, and by force thereof doo emoye the lybertyes and pryueleges of thys Realme, and yet contrarye to the true meanynge of the sayde Letters Patentes, in theyr condytions and behaunures, they doo remayne Frenche, and daylye from tyme to tyme do discouer the councell, state and priuities of this Realme, and compasse, Imagyne, and procure sondrye myschyfes and damage to be done by the frenche nacyon [Page xvi]to thys Realme, contrarye to the sayde Actes of Parlyamente, and contrarye to their sayde letters patentes, and the prouyso conteyned in the same.
FOR remedy whereof, and for the auoydyng of the imminent peryll that for want of due prouydence, may ensue to your most royal person, (whome our Lord GOD, longe preserue to reygne ouer vs) and to thys your hyghnes Realme, by the malicious and secrete practyses of the sayd Denizens, we most humblye besech your most excellent Maiestie, to haue vigilante care and tender consyderatyon, of youre owne suretye, and preseruation of thys youre Realme, and hauynge good and sure experience of your accustomed honorable and mercyfull disposition and inclination, do also mooste humblye besech the same, that by youre royall assente, it maye be enacted by thaucthoritye of this present parlyament, that al french men, and all and euery other personne and personnes, borne in any place, beyond the Seas, which at the tyme of the byrth of any such person or persones, was vnder the french kinges obeysaunce, not beynge Denizens, other then suche as the kynge and Quenes highnes, or the quene onely shall specyally lycence, lymit, and appoynte to remayne within thys Realme, shall departe oute of thys Realme, and out and from the dominions and terrytories of the same, there to remayne and contynue withoute retorne into thys Realme, durynge the time and contmuaunce of the warres, betwene the french kynge and oure Soueraygne Ladye the quene, or her heires or successoures. And that our Soueraygne Lorde and Ladye, the kynge and the queene, or her hyghnes onelye, by the aucthoritie of thys Acte, by their letters patentes, vnder the great Seale of Englande, shall and maye haue full power and aucthoritie, from time to tyme, duryng the lyfe of the quenes hyghnes (whych almyghty GOD long prosper and contynue) after offyce founde or other due profe, of the mysdeamenor of anye such Denizen, committed contrary to the lawes of this realme to repeale and make voyde all and synguler letters patentes, or asmanye of them, as to her hyghnes shall seme good, made sythence the sayd two and thyrtye yeare of the Raygne of Kynge Henrye theyghte, to anye alyen or straunger borne frenche, and vnder the obeysaunce of of the frenche kynge, concernynge onelye the makynge of suche alyen, or Straunger Denyzen, the same Letters Patentes of repeale, to be proclaimed and vsed in maner and fourme folowynge, that is to saye, that euery such Letters Patents of repeale, shal conteine the names & surnames of euery such alien Straunger, whose letters Patents shal soo be repealed, and shalbe solempnlye and openly redde and proclaimed in the kynge and Queenes Courte of Chauncerye, betwene the howres of nine, and a leuen, before none, one day in anye one terme to be kepte at Westmynster, and in suche and asmanye termes [Page]and counties of this realme, as shalbe limitted, or appoynted, or other wise seme mete to the quenes maiestie, at any tyme hereafter, durynge her highnes sayd lyfe, and that al and euery such letters patentes, to be repealed in maner and forme aforesayde, from, and immediately after xxx. dayes nexte ensuynge such repeale, shall touchyng onelye the makyng of such alyen or straunger denizen, be voyde and of none effecte, and not before.
AND be it further enacted by thauchorytie aforesayd, that such aliens and straungers denizens, whose patentes the queenes hyghnes hereafter shal fortune to allowe or confirme, or whom her hyghnes shal lycence to remayne and tarry in thys Realme, shalbe bounden to the kynge and Queenes maiesties, by recognisaunce, not to dyscouer nor cause to be discouered the councell nor the secreates of thys Realme, and further to be bounde and obedyente vnto and by the lawes and statutes of the same, and yf any such alyen borne frenche, and vnder the obeysaunce of the french kyng, as is aforesayde, shall refuse to knowlege any such recognisaunce, that then the sayde confirmation, allowaunce, and lycence, shalbe voyde and of none effect.
PROVIDED alwayes that yf any such alyen as is aforesayd, shal haue purchased any Manour, Landes, Tenementes, or hereditamentes, of anye estate of inherytaunce, within thys Realme, sythence the tyme that he was made denizen, or ye any Manor, Landes, Tenementes, or hereditamentes within this realme, were gyuen to any such alien, of any estate of inherytaunce, by any letters patents, or in ye same letters patentes, whereby he was made denizen, that the same Manor, landes, tenementes, and hereditamentes, after the decease of suche alien, whose letters patentes, of makyng denizen, shalbe as is aforesaid, repeled, shall and maye discende, remayne or come vnto suche his heyre or heyres, as bene borne within thys realme, and as be inheritable to the same, or to such other person or personnes that shoulde by the lawes of thys realme, haue and enioye the same, or any part thereof, yf thys acte or no such repeale had bene made in such maner and forme as thoughe no such repeale were had or made, the same repeale or any thing in this acte to the contrary not withstandyng.
Prouided also that it shalbe lawefull to the Quenes maiestie, her heyres and successoures, immediatelye from and after the departure of euery such denizen, out of thys Realme, to receyue and take the cleare yerely issues, reuenues, and proffyts of al such Manours, Lands, Tenementes, Rentes, Fees, Annuityes, and Heredytamentes, whereof any such Denyzen were seassed or hadde at the tyme of thys acte, or at the tyme of hys departure oute of thys Realme, as is aforesayde, for and durynge the lyfe of euerye suche Denizen, in as ample and large maner and forme, and in suche qualytye, condytyon, and degree, as [Page xvii]anye suche denisen mighte lawfullye haue receyued and taken at the tyme of the makyng of this present acte, and not otherwise, any thinge in this acte conteyned to the contrary notwithstandinge.
AN ACTE to make vp the Iury with circumstantibus, where the kynge and Quenes maiesties or the Quenes maiestie is a party.
The .vii. Chapter.
WHERE in the parliament holden at Westminster the .xiiij. day of Ianuary in the .xxxv. yeare of the reygne of the moost noble and victorious Prince king Henry the eyght, late kynge of Englande, amongeste other thinges it was enacted and establyshed, for the spedye tryall of Issues ioyned betwene party and partye, in anye of the kynges courtes of recorde holden at Westminster, to be tryed by the verdicte of twelue menne, before the Iustices of assise, or nisi prius, that in euerye wrytte of habeascorpora, or distringas, with a nisi prius, delyuered of recorde to the Sheryffe or other minister or ministers to whome the makynge of the retourne shall apparteyne, where a full Iurye shall not appeare before the Iustices of assise or nisi prius, or elles where after appearaunce of a full Iurye, by chalenge of any of the parties, the Iurye is lyke to remayne vntaken for default of the Iurours, that then the same Iustices vpon request made by the partyes playntyfe or demaundaunte, shall haue aucthoritie by vertue of the sayd act, to comaunde the Sherif or other minister or ministers, to whome the makynge of the sayde retourne shall appertayne, to name and apoynte as often as nede shall requyre, so many of suche other hable persones of the sayde countye then present at the sayde assises or nisi prius, as shall make vp a sull Iurye, whiche persones so to be named and enpanelled by suche Sherif or other minister or ministers, shalbe added to the former pannell, and theyr names annexed to the same, as by the sayde act more at large appeareth, whiche Statute was made to endure tyll the ende of the nexte parlyamente, and after was and is frome tyme to tyme contynued, and doeth nowe remayne, stande, and be in effecte, whiche acte doth not extende to any Iury enpanelled, to trye an yssue ioyned betwene the kynge and the partye, or betwene suche as pursue any matter for the kynge and them selues.
Be it therefore enacted, ordeyned, and establyshed by the kynge and Quenes maiesties the lordes spirituall and temporall, and the [Page]commons in this present parliament assembled, and by the aucthoritie of the same, that frome and after the lyrste daye of Iune next cominge, the Iustices of assise and nisi prius, before whome anye tryall shall be made, by vertue of anye wrytte of habeas corpora, or distringas, with a nisiprius, where a full Iurye shall not appeare, or after appearaunce of a full Iurye by chalenge the Iurye is lyke to remayne vntaken, for defaulte of Iuriours, shall haue aucthoritie by vertue of this Acte, vpon request made for the kynge and Quene her heyres or Successoures, by anye aucthorised therevnto, or assigned by the Iustices of the Courte before whome the sayde enqueste shall be taken, or vppon requeste to be made by the partye that foloweth as well for the kynge and Queene, her heyres and Successours, as for hym selfe vppon anye penall Statute or hys or theyr Attourney, to commaunde the Sheryffe, or other minister or ministers, to whome the makynge of the sayde retourne shall appertayne, to name and appoynte, as often as nede shall require so manye of suche other hable personnes of the sayde Countye then presente at the sayde assises, or nisi prius, and to adde and annexe the names to the former pannell, as shall make vppe a full Iurye of twelue menne for the tryall of euerye suche Issue. And that all and euerye clause, sentence, article, and prouiso comprised in the sayde former acte, shall be taken, enterpreted, and expounded, to geue the lyke and the same aduauntage and commoditie to the kynge and Quenes maiesties, her heyres and Successoures, and all suche personne and personnes as shall pursue anye action, byll, playnte, or information for the kynge and Quenes maiesties, her heyres and Successours onelye, or for them and the partye, as the partye playntyfe in anye other action shoulde or myghte haue by vertue of the sayde Acte, in suche fourme and condition, to all intentes and purposes, as yf such actions or suites for the kynge hadde bene specially and perticulerly mentioned and declared in the sayde Acte.
AN Acte for the punishemente of suche as shall take awaye maydens that be inheritours, beynge within the age of sixtene yeares, or that marye them without the consente of theyr parentes.
The .vij. chapter.
WHERE maydens and women chyldren of noble men, gentlemen, and others, as well suche as be heyres apparaunte to theyr auncestours, as others, hauynge lefte vnto them by theyr father or other auncestre and freindes, landes, tenementes, and hereditamentes, or other greate substaunces in goodes and catelles moueable, for and to thintente to aduaunce them in marryage somewhat lyke, accordynge to theyr degrees, and as myght be mooste for their suertye and comforte, as well for theim selues, as of all other theyr freinds and kynnesfolkes, be often tymes vnwares to theyr sayd freindes or kynnesfolkes, by flattery, tryfelynge gyftes, and fayre promises of manye vnthryftye and lighte personages, and thereto by the intreatye of persones of lewde demeanoure and others, that for rewardes bye and sell the sayde maydens and chyldren, secretlye allured and wonne to contracte matrimonye with the sayde vnthryftye and lyght personages, and therevpon either with slyghte or force, oftentymes be taken and conueyed awaye from theyr sayde parentes, freindes, or kynnesfolkes, to the high displeasure of almyghtye God, dispargement of the sayde chyldren, and the extreame contynuall heuynes of al theyr freindes, whiche vngodlye dealynge for lacke of wholesome lawes to the redresse thereof, remayneth a great familier and common mischeife in this oure common welth.
For remedye whereof be it enacted by the kynge and Quenes maiesties, the lordes spiritual and temporall, and the commons of this present parliamente assembled, and by the aucthoritie of the same, that it shall not be lawfull to anye person or persons, to take or conuey awaye or cause to be taken or conueyed awaye any mayde or woman chylde vnmaried, beynge within the age of sixtene yeares, out, of, or from the possession, custodye, or gouernaunce, and agaynst the wyll of the father of suche mayde or woman chylde, or of suche personne or personnes to whome the father of suche maide or woman chylde, by his laste wyll and testamente, or by any other acte in his life tyme hath or shall apoint assigne, bequeth, geue, or graunte the ordre, kepynge, education, or gouernaunce of suche mayde or woman chylde, excepte suche takyng and conueyinge awaye as shalbe had, made, or done, by, or for suche person or personnes, as without fraude or couyn be, or then shall be the master or mystres of suche mayde or woman chylde, or the gardeine in socage or gardeyne in chyualrye, of or to suche mayde or woman chylde.
And be it further enacted by the aucthoritie aforesayd, that yf anye person or persons aboue the age of .xiiij. yeares, shall from and after the fyrste daye of Apryll nexte commynge, vnlawfullye take or conueye or cause to be taken or conueyed any mayde or woman chylde vnmaried beyng within the age of .xvi. yeares, out, of, or from the possession, and agaynst the wyll of the father or mother of suche chylde, or oute or from [Page]the possession, and agaynst the wyll of suche personne or personnes as then shall happen to haue by anye lawfull wayes or meanes, the ordre kepynge, education, or gouernaunce of anye suche mayden or woman chylde, that then euery suche person & persons (so offendinge) beynge thereof lawfully attaynted, or conuicted by the ordre and due course of the lawes of this realme, other then suche of whom suche person taken awaye shall holde any landes or tenementes by knightes seruyce, shal haue and suffer imprisonmente of his and theyr bodies by the space of two whole yeares without bayle or maynprice, or elles shall pay suche fine for his or theyr sayde offence, as shalbe assessed by the counsel of the Quenes highnes her heyres or successours in the Starre Chambre at Westminster.
And be it further enacted by the auctoritie aforesayde, that yf anye such person or persones after the sayd day, shall so take away, or cause to be taken awaye as is aforesayde, and deflower anye suche mayde or woman chylde as is aforesayde, or shall agaynste the wyll, or vnknowinge of or to the father of any suche mayde or woman chylde, yf the father be in life, or agaynste the wyll, or vnknowinge of or the mother of any suche mayde or woman childe (hauinge the custodye and gouernaunce of suche chylde, yf the father be deade) by secrete letters, messages, or otherwise, contracte matrimony with any such mayden or woman chylde, except suche contractes of matrimonie as shall be made by the consente of suche person or personnes as by the title of wardshippe shall then haue, or be intituled to haue the mariage of suche mayde or woman chylde, that then euerye suche person or persons so offendyng, beynge thereof lawfully conuicted as is aforesaid, shal suffer imprisonmente of his or theyr bodies by the space of fyue yeares, without bayle or mayneprice, or elles shall paye suche fyne for his or theyr sayd offence as shalbe assessed by the sayd counsel in the said starre Chambre. The one moytye of all whiche fynes shall be to the kynge and Quenes maiesties, her heyres and Successoures, the other moytye to the parties greued.
And be it further enacted by the sayde aucthoritie, that the kynge and Quenes highnes honourable Councell of the Starre Chamber by byll of complaynte, or information, and Iustices of assise by inquisition or indictemente, shall haue aucthoritie by vertue of this acte, to heare and determine the sayde offences, vpon euerye whiche indictementes and inquisitions suche processe shalbe awarded and lye, as vpon an indictement of trespace at the comon lawe.
And further be it enacted by the aucthoritie aforesayde, that if any woman chylde or mayden, beynge aboue the age of twelue yeares, and vnder the age of sixtene yeares, do at any time consent or agree to such personne that so shall make any contracte of matrimonye, contrarye to [Page xix]the forme and effecte of this estatute, that then the next of the kynne of the same woman chyld or mayde, to whom thinheritaunce should discende, retorne, or come after the decease of the same woman chylde and mayde, shall from the tyme of such assent and agrement, haue, holde, & enioye al such lādes, tenemēts, and hereditaments, as the same womā chylde and mayden, hadde in possession, reuertion, or remaynder, at the tyme of such assent and agrement, durynge the lyfe of such person that shall so contracte matrimony. And after the decease of suche person soo contractynge matrimony, that then the sayd landes, tenementes, and heredytamentes, shall discend, reuert, remayne, and come to such persō or persons as they shoulde haue done in case thys acte had neuer byn hadne made, other then to him onely that so shal contracte matrimony.
PROVIDED alwayes and be it enacted, that this act nor any thing therin conteyned, shall extende to take awaye or diminyshe any lybertye, custome, or aucthoritie touchynge or concernyng anye Orphāt or Orphantes, whych nowe be, or hereafter shalbe within the Citye of London, or any other citie, boroughe, or towne, where Orphantes are commonlye vsed to be prouyded for, either by graunte, or by custome, but that the lorde Maire of the said citie of London, and the aldermen of the same for the time being, and al and euery other heade offycer or officers, of anye other citie, borough, or towne, wher such Orphantes be prouyded for, shall and maye haue and take like rule, order, kepynge and charge of such orphant and orphantes, and of all their landes, tenementes, goodes, and cattels, as heretofore they or any of them lawfullye had or vsed, or lawfully might haue had and vsed, yf this act had not bene made.
AN ACTE for the continuation of certayne Statutes.
The .ix. Chapter.
WHERE IN THE PARLIAMENT BEgon and holden at London, the thyrd day of Nouēber, in the .xxi. yere of the reigne of our most drede Soueraygne lord of most famous memory, kyng Henrye the eight, and from thence adiourned to Westminster, and there holden & continued by diuers prorogations, vnto the dissolution therof, one acte was made and established for the restraint of caryage & conueying of horses and mares out of this realme. And also one other act was ther made for the true winding of wolles. And one other act was there made to restraine kylling of wainlinges, bullockes. Stiers & heyfers, being vnder the age of two yeres, which said seueral actes were thē made to endure & continue vnto the nexte parliamente, as by the saide seuerall actes, more playnelye appeareth. [Page]And where also in the same Parliamente one other acte was made and establyshed for attayntes, to be sued for the punishment of periurye vpon vntrue verdictes, which acte last before rehearsed, was then made and ordeyned to continue and endure to the laste day of the next parliamente, as by the same acte more playnely at large is shewed and maye appeare.
AND where also in the parlyament begonne and holden at Westmynster the eyghte daye of Iune, in the eyght and twēty yeare of the reygne of oure sayde most dreade Soueraygne Lorde, kynge Henrye the eight, and there continued and kept vntyll the dissolution thereof. It was ordeyned and enacted, that all and synguler the sayde actes aboue remembred, and euerye of them, shoulde continue and endure in their force and strength, and also be obserued and kepte vntyl the laste daye of the nexte parliament, as by the same acte amongest other thinges therein conteyned, more playnelye appeareth. And where also in the Parliamente begonne and holden at Westmynster, the eyght and twentye daye of Apryll, in the one and thyrtye yeare of the reygne of oure sayde late mooste dreade Soueraygne Lorde, kynge Henrye the eyght, and there continued vntyll the eyght and twentye day of Iune then nexte folowynge, it was ordeyned and enacted by thaucthorytie of the same parlyamente, that all and singuler the sayde seuerall actes aboue remembred, and euery of them, and al clauses, artycles, and prouysions in them, and euerye of them conteyned, shoulde contynue and endure in their force and strength, and also be obserued and kept vntill the laste daye of the nexte Parlyamente, as by the same Acte amonges other thynges therein conteyned, more playnelye appeareth.
AND where in the Parlyamente holden at Westmynster, in the fiue and thyrty yeare of the Reygne of oure sayd late Soueraygne Lord, kynge Henrye the Eyghte, one acte was made for the preseruation of woodes, to endure for seuen yeares then nexte folowynge, and from thence to thende of the nexte Parlyamente, as by the same acte more playnelye it dothe and maye appeare. And where also at the Parlyamente holden at Westmynster, in the seuen and thyrtye yeare of the raygne of the sayde late kynge Henry the eyghte, and there continued and kepte vntyll the dissolution thereof, it was ordeyned and enacted that all and singuler the sayde actes aboue mentioned, and euerye of them (excepte the sayde acte made for the preseruation of woodes, as is aforesayde) shoulde contynue and endure in their force and strengthe, and also be obserued and kepte vntyll the laste daye of the nexte Parlyamente, then nexte folowynge, as by the same Acte amonges other thynges therein conteyned, more playnelye appeareth.
AND where also at the Sessyon of the Parlyamente ended at [Page xx]Westminster the .xiiij. daye of Marche, in the thyrd yeare of the raygne of oure late Soueraigne Lorde kynge Edwarde the Sixte, one acte was made for the true courryinge of leather, which acte was made to endure to the ende of the nexte parliaments, as by the same acte more playnelye appeareth.
And where also at the Session of a parliament ended at Westminster the fyrste daye of February, in the fourth yeare of the raigne of our sayde late Soueraigne Lorde kynge Edwarde the Sixte, one Acte was then and there made concerninge the buyinge of rother beastes. And also one other acte was then and there made, touchinge the buyinge and sellynge of butter and chese, whiche sayde seuerall actes were then and there made to endure and contynue vnto the ende of the next parlyamente, as by the same seuerall actes more at large it doeth and maye appeare.
And where also at the Session of a parliamente by prorogation holden at Westminster the .xxiii. daye of Ianuarye in the fyfte yeare of the raygne of our sayd late Soueraygne Lord kyng Edwarde the Syxte, one other acte was then and there made, agaynste regratours and forestallers, to endure vnto the ende of the nexte parliamente, whiche all and synguler the sayde actes aboue mentioned together, with the sayde acte for preseruation of woodes, at a parliamente holden at Westminster the fyrste daye of Marche, in the seuenth yeare of the raygne of oure sayde Soueraygne Lorde kynge Edwarde the Sixte, and there continued and dissolued the laste day of the same moneth of Marche, and all clauses, articles, and prouisions in theim, and euerye of them conteyned, were there reuiued and continued, to stand in theyr force and strengthe vntyll the laste daye of the nexte parliamente.
And where also at the Session of a parlyament holden by prorogation at Westminster the .xxiiij. daye of October, in the fyrste yeare of the raigne of oure mooste gratious Soueraigne Ladye the Queenes maiestie, and there continued and kepte vntyll the dissolution thereof, one acte was there made and establyshed, agaynste vnlawfull and rebellious assembles, to endure to the ende of the nexte parliamente, as by the same acte more playnelye doth and maye appeare.
And where also at the same Session of parliament last before mentioned, all and singuler the actes aboue mentioned, and before that tyme continued at sondry parliamentes, as is aforesayde, and all clauses, articles, and prouisions in theim and euerye of theim conteyned, were there reuiued and continued to stande in their force and strength vnto the last day of the next parliament.
And where also at a parliament begon and holden at Westminster [Page]the .xij. daye of Nouember, in the fyrste and seconde yeares of the reignes of oure moost gratious Soueraigne Lorde and Ladye the kyng and Quenes maiesties, and there contynued and kepte vnto the dissolution of the same, beynge the sixtenth daye of Ianuarye then nexte ensuynge, one acte was then and there made agaynste seditious wordes and rumours, to endure to the ende of the nexte parliamente, as by the same acte moore playnelye it doeth and maye appeare. And where also in the sayde Parlyamente laste before recited, all and singuler the Actes aboue mentioned that were before that tyme continued at sondrye parliamentes as is aforesayde, and all clauses articles and prouisions in them and euerye of them conteined, were by aucthoritie of the sayde parliamente, there reuiued and continued to stande in theyr force and strengthe, vnto the laste daye of the nexte Parliamente.
AND where at a parliamente begonne and holden at Westminster the one and twentye daye of October, in the seconde and thyrde yeares of the reygnes of our aforesayde Soueraygne Lorde and Ladye the kynge and Quenes maiesties, and there continued vntyll the dissolution of the same, beynge the nynth daye of December then next ensuinge, one Acte was then and there made for the kepynge of milche kyne, and for the breadynge and rearinge of calues. And one other Acte for the reedifyinge of decayed houses of husbandrye, and for the encrease of Tyllage, the sayde three seuerall actes to endure tyl the last day of the next parliament. Forasmuche as all and singuler the sayde seuerall actes aboue mentioned be good and beneficiall for the comon wealth of this realme.
BE IT therefore enacted, ordeyned, and establyshed by the king and Quenes maiesties, oure Soueraygne Lorde and Ladye, with the assente of the lordes spirituall and temporall, and the commons in this presente parliament assembled, and by the aucthoritie of the same, that all and singuler the sayde seuerall actes and estatutes aboue mentioned and rehearsed, and euerye of theim, and all clauses, articles, and prouisions in them and euery of them conteyned, shall be reuiued, continued, stande, and endure in theyr full force and strength, to all intentes, constructions, and purposes, and shall be obserued and kepte in all thinges vntyll the laste daye of the nexte parliamente.
PROVIDED alwayes, and be it enacted by the aucthoritie aforesaid that this presente acte of continuaunce of statutes, or any thinge therin conteyned, shall not in any wyse extende, to repeale or make voyde one acte of parliamente, entituled, an acte for the sale of dyuers wynes and spyces broughte in by marchauntes, made and ordeyned in this presente parliamente, nor any clause, article, or matter therein conteyned, but that the same Acte, and euerye thynge therein conteyned shall be of as good strengthe, force, and effecte, to all intentes, [Page xxi]and purposes as if thys acte of continuaunce of statutes, had not bene had nor made, any thynge herein conteyned to the contrarye in anye wyse notwithstandynge.
AND where in the parliamente begonne and holden at Westmynster the .xxi. day of October, in the second & third yeares of the reignes of our sayde Soueraygne lord and lady, kyng Philippe and Queene Mary, and there continued and kept vntyll the .ix. daye of December, then next ensuynge, one acte was then and there made, entytuled, an acte for the releife of the pore, the sayd acte to endure to the latter ende of the fyrst session of the next Parliament. Forasmuch as the sayd acte is good and beneficiall for the comen welth of this realme, be it therefore enacted, ordeyned, and establyshed, by the aucthoritie of this presēt Parliament, that the sayde acte, laste aboue mentioned and rehearsed, and all clauses, articles, and prouysions in the same conteyned, shalbe reuyued, contynued, stande and endure, in full force and strength, to all intentes and purposes, and shalbe obserued and kept, in al thynges, vntyll the last day of the next parlyament.
AN ACTE for the confirmation of the Subsedy of the cleargye.
The .x. Chapter.
WHERE THE PRELATES and Clergy of the prouynce of Canterburye, haue most louyngly and lyberally for certayne considerations, geuen and graū ted to the kyng and quenes Maiesties, a Subsedye of eyghte shyllynges of the pounde, to be taken and leuied of all and synguler the Spiritual promocions, within the same prouynce, durynge the tearme of foure yeares now next ensuinge, in suche certayne maner and forme, and with diuers exceptions and prouysyons specyfyed and conteyned in a certayne instrument, by them thereof made and delyuered to the queenes hyghnes, vnder the Seale of the most reuerend father in God, Reginald Poole Cardinal Archbyshoppe of Canterburye, and prymate of al Englande, as in the same instrument exhibyted in thys present parliament, more playnelye doth appeare, the tenor whereof ensueth in these wordes.
The Prelates and clergye of the prouynce of Canterburye, beynge lawefullye congregated and assembled in a conuocation or Synode vpon greate and weyghtye causes to them purposed, and amongest them well wayed and debated, consideryng their moste bounden duetyes to the kynge and quenes Maiestyes, the great and ample benefytes they haue receyued of their munificency and bountyfull goodnes, for an euident declaration of their good hartes and myndes, specyally [Page]nowe whē the imminent necessitie for the defence of the Realme requyreth presente ayde and remedye, with one vnyforme agreament, accorde, and consent together, with mooste hartye good wyll, haue gyuen and graunted, and by these presentes, doo geue and graunte to the kynge and Queenes Maiestyes, one entyre Subsedye, in manner and forme folowynge. That is to saye, that euerye Archebyshoppe. Bishoppe, Abbotte, Pryor, Abbatesse, or Pryoresse, Deane, Archedeacon, Prebendarye, Prouost, mayster of Colledge, mayster of Hospytalles, parson and Vycare, and euerye other person and persons, of whatsoeuer name or degree he or they be, enioyinge anye Spyrytuall promocyon or other temporall possessyons, to the same Spyrytuall promotions annexed, nowe not deuyded nor seperated by Acte of Parlyamente or otherwyse, from the possessyon of the Cleargye, shall paye vnto the kynge and Queenes Maiestyes, for euerye pounde that he or they maye yearelye dyspende by reasonne of the sayde Spyrytuall promotion, the summe of Eyghte shyllynges. And for the true and certayne knoweledge of the yearelye vallewe of the sayde promotyons, and euerye of them, whereof payment shalbe made, the rate, taxation, valuation, and estymation, remaynynge of Recorde, in the kynge and quenees Maiestyes late courte of the fyrste Frutes and Tenthes, and nowe in their Courte of the Eschequer, for the paymente of the Disme of the Cleargye, concernynge all suche promotions, as be in possessyon of the cleargye, or anye other, not deuyded by acte of Parlyamente, or otherwyse as is aforesayde, shalbe folowed and obserued without makynge anye other valuatyon, rate, taxation, or estymation, then in the sayde Recorde is comprysed and mentioned.
AND where by the great bountye and godly disposition of the kyng and Queenes Maiesties, certayne relygyous houses, haue benne of late erected and endowed with Spyrituall and Temporall possessyons, the taxe whereof is not specyfied in the Recordes of Thexcheker, or else where within anye of their Maiesties Courtes, suche taxe and valuation of the possessyons of the sayde Relygyous houses, shalbe folowed for the paymente of thys Subsedye, as the Byshoppe of that diocesse within the whyche the sayde relygyous houses be Scituated, shall vpon dewe searche and examination, certifye vnder hys Seale, into the Exchequer before the fyrste daye of Maye nexte ensuyng, in whiche taxe the saide Byshoppe shall and maye make all suche allowaunces as by the acte of Parliamente, made in the sixe and twentye yeare of the late kynge of famous memorye Henrye theight, of and for the grauntynge of the perpetuall Tenthe, were appointed, graunted, and assigned in the valuation and taxe of all Ecclesiasticall and spirituall promocions, for the due and true paymente of the late perpetuall [Page xxii]tenthe, and also shall and maye further allowe all suche Summes of monye, as are geuen, assygned, or appoynted to the fyndyng and maintenaunce of poore menne, Scoole maysters, vsshers, gramaryens, choristers and other offycers and mynysters, seruynge and founde within the sayde Monasteryes, and religyous houses.
PROVIDED alwayes that forasmuche as the tenthe parte of the sayde valuation and taxe afore mentyoned, shalbe for a tyme vpon certayne reasonable consyderations and respectes yearelye payde by the Cleargye, soo that there remayneth onelye nyne partes to the incumbente cleare, thys Subsedye of Eyghte shyllynges of the pounde, shalbe vnderstande and mente onelye of the sayde nyne partes, and of no more, where and soo longe as the Tenthe is or shalbe payde.
Also the sayde Prelates and Cleargye further doo graunte, that thys Subsedye of eyghte shyllynges of the pounde, of the yearelye value of euerye promocion, taxed as is aforesayde, shalbe payde to the kynge and Queenes Maiestyes, within foure yeares nexte ensuynge the date hereof, That is to saye, two shyllinges of euery pounde, in euerye of the sayde foure yeares.
The fyrst paymente thereof to be due at the fyue and twentye daye of Marche, whyche shalbe in the yeare of oure Lorde GOD, a thousande fyue hundrede fyftye and eyghte, and the Seconde paymente thereof to be due, at the fyue and twenty daye of Marche, then nexte folowynge, whyche shalbe in the yeare of oure Lorde GOD, a thousande fyue hundred fyftye and nyne.
The thyrde paymente thereof to be dewe the fyue and twentye daye of Marche, then nexte folowynge, whyche shalbe in the yeare of oure Lorde GOD, a thousande fyue hundred and syxtye.
And the fourthe and laste paymente thereof to be due at the sayde fyue and twentye daye of Marche then nexte ensuynge, whyche shalbe in the yeare of oure Lorde GOD, a thousande fyue hundred syxtye and one, to be delyuered and payde yearelye, by suche personne and personnes as in thys presente graunte shalbe appoynted, to haue the collection thereof, to be payde into the receypte of the kynge and Queenes Maiestyes Eschequer, or to suche personne or personnes, place and places, to whome and where it shall please theyr hyghnes to appoynte for the receypte thereof, before or at the Tenthe daye of Iune, in euerye of the sayde foure yeares, withoute payinge any thing to the receyuer or receyuours, or to anye other offycer or personne by theyr Maiestyes to be assygned, for anye dyscharge, acquyttaunce, or Quietus est, vpon paymente and receypte of the same Subsedye, to be geuen and delyuered, but onelye twelue pence for the acquyttaunce.
ITEM the sayd prelates and clergye, doo also graunte that euerye preist and all other spirituall persons, hauyng a pention by reason of ye dissolution of any the late monasteryes, colledges, free chappeles, chaū teryes, fraternities, guyldes, and hospytalls, or of anye other spirituall dignitie, and corporation, nowe dissolued, and extinguished within the sayd prouynce of Canterburye, shal lykewyse paye to their highnesses eyght shyllynges of euery pounde of the sayd pencyons, within the said foure yeares, at such dayes and tymes, as is before specified, and that for the sure and assertayned payment thereof, deduction and retention of the sayde eyght shyllynges, shalbe made yerely in the handes of the payers of the sayd pencion, after the rate of two shillynges of the poūd, euery of the sayd foure yeares, to be deliuered and payde vnto their maiesties vse, at such tyme and to such persones as the Subsedy of eyght shyllynges of the pound aforesayd, shalbe payd vnto.
ITEM that euery stypendarye preist, receyuyng annuall stipende of eyght pounde by the yeare, and vnder, (beinge no perpetuitie) within the sayde prounce, shall paye vnto their Maiesties vse sixe shyllynges eyght pence yearely, during the sayd foure yeares, at such tyme and to such persones as the saide Subsedy shalbe payde, and vnder the same penaltyes as the rest of the clergie doo paye for their promotions. And that euery preist receyuyng aboue eight pounde yearely and not aboue ten pounde, to pay lykewyse tenne shyllynges. And that euerye preyste receyuynge aboue tenne pounde, and not aboue twentye markes, to paye thyrtene shyllynges foure pence yerelye, durynge the sayde foure yeares at suche tyme and to suche personnes as the sayde Subsedye shalbe payde. And that euery preiste takynge stypende aboue twentye markes, to paye lykewise two shyllynges of the pounde, euerye yeare duringe the sayde foure yeares, in such maner and forme as the reste of the clergye doo paye for their promotion spirituall, and for defaulte or lacke of payment by the saide stipendaryes, that euery person, vycarre or other spirituall or temporall person, proprietarye, or fermour, hiring anye preist to serue in anye place, shalbe answerable for the paiment of the saide preyste in that behalfe, after the saide rates, and shal and may make retencion of his and their wages quarterly, of soo muche as the sayde stipendaries be charged with, by this presente commission and graunte euerye of the sayde foure yeares.
ITEM the sayde prelates and clergye, further doo graunt that euery Archebyshoppe and Byshoppe, and the Sea beinge vacante, euerye Deane and Chapter of that Sea voyde, shalbe Collectoures of thys Subsedye, within their proper Dyocesse, durynge the sayde foure yeares.
AND to thintente the kynge and quenes Maiesties maye be surely and duelie answered and payde of the sayde Subsedie, in maner and fourme aforesayde, and the Collectoure of the same throughlye charged [Page xxiii]and discharged accordinge to the tenour of this graunte.
The sayde prelates and Cleargie do ordeyne and decree with one assente and consente, that euerye Collectoure of the aforesayde Subsidye, and of euerye parte and percell thereof, and theyr lawfull deputye or deputies, shall haue full power and aucthoritie agaynste euerye personne and personnes lyable, charged and bounde to paye the sayde Subsidye or anye parte thereof, denyinge, refusinge, or delayinge to paye the same, or makynge anye defaulte in the paymente thereof, at the daye or dayes that it oughte to be payde (after lawfull warnynge to them geuen personallye, or at theyr Churches or mansions) to procede with the censures of the Churche, that is to saye, by suspention, excommunication, or interdiction, and also by sequestration of the fruictes and profits of theyr benefices or promotions spyrytuall, in whose handes soeuer they be, and to make sale of the same fruictes, and by all other lawfull remedyes by theyr discretions thoughte conueniente, to coarcte, constrayne, and compell them and euerye of theim, to the full and vndelayde satisfaction of the sayde Subsedye, and euerye parte and percell thereof, and shal also haue lyke power and aucthoritie, both to absolue or cause to be absolued, all personnes so payinge, from al the sayde censures and other paynes, and also to release and reuoke al such processe as shall be made agaynste them, or any of them, after they shall haue fullye satisfyed the sayde Subsidye accordingelye. And vpon full paymente or satisfaction of the sayde Subsidye or anye parte thereof, all suche acquittaunce or acquittaunces, whiche shall be made by the collectour or his lawfull deputie, shall be sufficiente for the discharge of the same.
PROVIDED alwayes, and it is ordeyned and decreed, that all and euery personne and personnes, refusinge or neglecting to paye the said Subsedye at tyme conueniente, as is aforesayde, shall for his or theyr fyrste defaulte or necligence in not payinge the Subsedye, accordynge to the purporte and tenoure of this graunte, beare all the charges and reasonable expences of the sayd Collectoure or his deputye, in coming goynge, and demaundinge of the same, and for the seconde tyme lykewyse offendynge in none paymente, to paye to the sayde Collectoure, or his deputye the fourth parte of the sayde Subsedye, ouer and aboue the sayde summe vpon him or his churche or personne allotted and taxed, whiche he is bounde to paye, and charged by this acte of free graunte.
Also the sayde prelates and clergye do further ordeyne and decree, that yf anye personne or personnes aboue named, chargeable to this Subsedye, or anye parte thereof, after the sayde censures and processe executed agaynst him or them, yet styll obstinately refuse, neglecte, or make delaye to paye the same, or anye parte thereof as is beforesayde, [Page]that then after lawfull monition geuen vnto him or them, refusing, neglectinge, or delayinge by the sayde Collectours, or theyr lawfull deputie or deputies, personallye, or at theyr Churches, doo styll by the space of thyrtye dayes refuse, or negiecte to make payment of the sayde Subsidye, that then, and in euerye suche case, it shall be lawfull to the sayde collectoure or his lawfull deputie, euerye suche personne so refusinge, neglectinge, or delayinge and contempning these former processes, to depriue, amoue, and destitute from his or their benefice, spyrytuall promotion, or pention Ecclesiasticall, anye appellation, inhibition, or other remedy, ordinary or extraordinary notwithstanding: the said personnes so refusinge, to be and remayne for euer without hope of regresse to suche theyr promotion as he or they shalbe depriued of, for the causes aforesayde, by anye new presentation of him or them to be made to the same. And that it shall be lawfull to the patrone of the sayde benefice or benefices, or other Ecclesiasticall promotions, frome whiche the sayde personne or personnes so neglectinge to paye shall be depryued, to presente vnto, or conferre euerye suche benefice or promotion Spirituall, as yf the sayde Incumbente or Incumbentes were deceased.
ITEM the sayde prelates and clergye further do ordeyne and decree, that of so muche as the sayde Collectours shalbe charged with in their accoumptes, clearelye to be payde into the receipte of the sayde Eschequer, or to suche personne or personnes as it shall please the kynge and Quenes maiesties to appointe for the receypte of the same, shall be allowed to the sayde collectoure vpon his sayde accoumpte for the same, for euerye pounde sixe pence, by waye of rewarde, or in liewe of his charges, collection, portage, conueying, and payinge of the sayd Subsedye.
PROVIDED alwayes that no Spyrytual promotion, or any landes, possessions, or reuenues annexed to the same, beynge charged by thys graunte or acte of the prouince of Canterburye, or anye goodes or catelles growinge, beynge, or renewynge of the same, or apparteyninge to the owners of the same Spirituall promotions, shall be charged or made contributorye to anye .xv. or anye other Subsidye all readye graunted, or within fyue yeares nexte ensumge the date of this present to be graunted by the laitye to the kynge and quenes highnesses.
ITEM, the sayde prelates and cleargye further graunte, that all Deanes, Archedeacons, Dignities, Prebendaries, preachers, and petye Canons, of all Cathedrall and Collegiate Churches within the sayde prouynce, shall be charged with this Subsidye for theyr owne portions onelye, thereof to paye eyghte shyllynges of the pounde, with in the sayde foure yeares, as is aboue rehearsed, and that those portions of rentes and reuenues whiche theyr highnes. or any of theyr most [Page xxiiii]noble progenitoures, or any other persons, haue giuen vnto the sayde cathedral or Collegiate Churches, for the mayntenaunce of pore men, Scoole maysters, vshers, gramariens, choristers, and other offycers and mynysters, not to be charged with anye parte of thys Subsedye.
Prouyded also that euery parson, vicar, or spirituall man, paying any pencion whereof no allowaunce is made in the valuation of hys sayde benefice, in the recordes of the sayde late Courte of fyrste frutes, or Eschequer, or otherwyse, shal and maye retayne two shyllynges of euerye pounde, of euerye suche pencion, euery yeare durynge the sayde foure yeares, to his owne releyfe, in consideration that he is charged to paye hys Subsedye of eyght shyllynges of the pounde, out of euery pounde of the sayde pention. Any thinge to the contrary notwithstandynge.
Prouyded also that where certayne landes, tenementes, rentes, tythes, pencyons, porcions, frutes, and other hereditamentes, lately be lougynge to diuerse cathedrall churches, and other places ecclesiastycal, within the sayde prouynce of Canterburye, or anye other yearelye paymentes, goyng out or beyng paid oute of the sayde Landes, Tenementes, and other the premisses, or anye of them, whiche were geuen and assygned to be bestowed, and spente to and vpon the fyndyng and maintenaunce of certaine chauntryes, anniuersaryes, obyttes, lightes, lampes, and other lyke thyngs, intentes, and purposes, be of late come into the handes and possession of the kynge and Quenes Maiestyes, our Soueraygne Lorde and Ladye, by force of a statute therof made in the fyrst yeare of the reygne of our late Soueraigne lord king Edwarde the syxte, as by the same Statute more plainelye appearethe. That the sayde cathedrall churches and the deanes or presydentes, and chapters of the same, and all other places and persones to whome the sayde landes, rentes, and all other the premisses or anye of them did lately apperteyne, shal not be charged to and with anye contributyon or paymente of thys Subsedy, of and for that parte or portion wherevnto the kynge and queenes maiesties, be and hath bene entituled or possessed of. nor of, and for anye the sayde yearelye paymentes, goinge oute or payde oute of the premisses, or any parte thereof. But that thys sayde Subsedye shalbe vnderstande to be chargeable and dewe onely of all and singuler landes, tenementes, rentes, tithes, pencions, portyons, frutes, and other hereditamentes, which do yet styll remayne, not disseuered from the handes and possession of the saide cathedrall churches, and other the places and personnes aforesayd. And that deduction and allowaunce be made to them and euerye of them, in the paiment of the sayde Subsedye, out of the valuation, taration, and estymation, made for the payment of the sayde Disme, remayninge of recorde, in the kyng and quenes maiesties court of the Escheker, for that [Page]rate and portion or yearelye paymente which is come into the handes and possession of our sayd Soueraygne lord and lady, or otherwise seuered from the possessions of the sayde cathedrall churches, and other places and parsons aforesayd, by force of the Statute premysed.
PROVIDED also that euerye parson and vicar, whose benefyce is aboue the valuation of fyue poundes, and not aboue sixe pound thirtene shillinges and foure pence, after the rate of the late perpetual tēth, shall paye euerye yeare of the sayd foure yeares onely, Sixe shillinges eyght pence, as Stipendary preistes of eyghte pounde yearely wages benne charged to do by force of thys acte, and graunt, and none otherwyse. And that al parsons and vycars, whose benefices be of the valuation of fyue pound or vnder, after the rate of the sayde late perpetuall Tenthe, shall not be charged nor chargeable with thys Subsedye, or anye parte thereof.
Prouyded alwayes that this Subsedye graunted by the cleargy shall not be demaunded or leuyed oute of anye benefice, house of studentes, or colledge, scituate or set within the vniuersities of Orforde & Cambridge, or of anye benefice, or other reuenues, vnto anye house of Studentes, or colledge in Oxforde or Cambrydge, vnited, appropried, or appertayninge, or of the colledge of Eaton, nigh Windesour, or of the Colledge of Winchester, founded by Wyllyam Myckeham, some tyme Byshoppe of Winchester, or any pore men, women or chyldren liuynge of almesse, in any Hospitalles, almesse houses, almesse halles, or of gramer scooles, or of anye other churche or benefice, or of any other reuenues of the sayde houses, Colleges, or hospitalles, almesse houses, or almesse halles, or gramer scooles, or to any of them annexed, appropried or otherwyse appertayning.
Prouyded also that euery preyst and all other late professed relygions parsons, hauyng a pention by reson of the dissolution of the late Monasteries, Colledges, free Chappells, Chauntryes, Frateruytyes. Guyldes, and Hospytalls, or anye other incorporation, within the prouynce of Canterburye, and beynge of the summe of fortye shyllynges or vnder, and not aboue, shal not be charged or chargeable to the sayde Subsedye or anye parte thereof, for anye such pencion of fourtye shyllynges or vnder. Anye thynge conteyned in this graunt to the contratye notwithstandyng.
Fynallye the sayde Prelates and Cleargye, beynge desyrous that the sayde Subsedye maye be entierlye contented and payde to thuse of the kynge and Quenes Maiesties, within the sayde foure yeares, do graunt, ordeyne, and decree, that yf it shal happen in thende of the sayde foure yeares, anyde arrerages of the sayde Subsedye to be behynde vnpayde by reason of the exilitie, and decaye of anye benefyces, or other spirituall promotions, lyable to thys Subsedye, That then it [Page xxv]shalbe lawefull to euerye Archebyshoppe and Bysihoppe, within their seuerall Diocesse, by the consent of his cleargye, and the Sea beynge voyde, to the Deane and Chapter of that Sea voyde, to assesse & taxe all and singuier the ecclesiasticall promocions, within their sayde seuerall Diocesse, to become contributors to the full satisfaction of the sayd Subsedye, the same to be collected, leuyed, and payde the nexte yeare immediatelye ensuynge the sayde forth yeare, at the dayes and vnder the paynes, forme, & qualities aboue limitted. Anything in this graunt to the contrarye notwithstandyng.
AND for the true and sure payment of thys Subsedye, graunted by the sayde Prelates and Clergye of the prouynce of Canterburye, accordynge to the tenor, purporte, effecte, and true meaninge of this present instrument. The sayde Prelates and Cleargye mooste humblye desire and requyre the kynge and Queenes mooste excellente Maiesties, that it maye be enacted by aucthortie of this presente Parlyamente, that the prouysyons conteyned in the foresayde graunte, shall stande good and effectuall to all intentes and purposes, mentioned in the sayde graunte. And that all processes and penalties, and all other clauses, touchynge the payment of the sayde Subsedye, and the leuyinge and collection of the same, and of euerye percell thereof, may be by the sayde Prelates and Cleargye, and their lawefull deputies, put in due execution accordynge to the true meanynge thereof, withoute incurrynge anye penaltyes or daungers of anye lawes and statutes of thys Realme.
AND for the true and sure paymente of the sayd Subsedye, graunted by the said prelates and cleargy, of the sayd prouynce of Canterbury, accordyng to the tenor, effect, and true meanyng of the said instrumente. Be it enacted by the kynge and Quenes Maiesties, with thassente of the lordes spirituall and temporall, and the commons in thys present parlyamente assembled, and by thaucthoritie of the same, that the sayde gifte and graunt, and euery matter, summe of mony, prouision, clause, and sentence in the sayde instrument conteined be ratified, establyshed, and confirmed by thaucthoritie aforesayd.
AND furthermore be it enacted by thaucthoritie aforesayde, that euerye personne that shalbe appoynted to the collection and gatherynge of the sayde Subsedye, shall haue full power and aucthoritie to leuye take and perceyue the same Subsedye, by thaucthoritie of the censures of the churche, in maner and forme as in the sayde instrument of graunt is conteyned, without daunger of the lawes of this realme or by distresse vpon the possession of the fermours or occupyers of the landes, and tenementes, chargeable by the sayd instrumente, for or to the paymente of any summe or summes of monye, or otherwyse by the discretion of the collector thereof. And that no repleuye, prohibition, or [Page]supersedias shalbe allowed, or obeyed for any person or persones, makyng defaulte of payment of the sayd Subsedy, contrary to the tenor of the grauntes thereof, vntyll suche tyme as they haue truely satyssyed and contented all suche parte and porcions, as to thē in that behalfe apperteyneth. And that euerye suche fermoure and fermoures, theyr executours and assignes, that shall fortune hereafter, to be charged to and with the paymente of the sayd Subsedy, or anye parte therof, shal by thaucthoritie aforesayde, be allowed and retayue in his handes, as muche of his yerelye rente and ferme, as the summe which he shall fortune to paye for his Lorde or Lessor shall extende vnto, except the said fermor or fermours, their executors and assignes, by the lease & graūte that they haue of anye parte of the landes, and tenementes, chargeable to thys saide Subsedye, or by force of anye couenaunte or artycle, therein conteyned, be bounden and charged to paye the same, and ther of to discharge their leassor and landlord, durynge the terme mentioned in the sayd leasse.
PROVIDED alwayes and be it enacted by thaucthoritie of thys present parliament, that euery laye person hauyng a spirituall promotion chargeable by this acte, and also hauynge temporall possessions, goodes, cattells, and debtes, chargeable to this Subsedye graunted by the temporaltye, shalbe charged, taxed, and set for hys sayd spiritual promocions with the cleargy, and for his said temporall possessions, & cattells, with the temporaltye, and not otherwyse, anye thinge before mentioned to the contrary notwithstandyng.
And be it further enacted, by thaucthoritie of thys present parlyament, that the sayd archebyshoppes, and Bishoppes, and other parsonnes chargeable to and with the collection of the sayd Subsedye of eyghte shyllynges of the pounde, within the sayd prouynce of Canterburye, shall haue vppon euery payment thereof made in the Queenes courte of the escheker, or ells where the kyng and quenes Maiestyes shall appoynte the same to be payed, a sufficiente acquittaunce in wrytynge, of suche person or persones, as their maiesties shall appoynt for the receipte thereof, the same acquittaunce witnessing the same receipt, of as much of the same summe of the same Subsedy, as shall be by any of them so receiued, and euery such acquitaunce, in wryting, sealed, and Subcribed with the name or names of euery such person or persones, that so by their highnesses appoyntment shall receyue anye of the sayd Summes of monye, shalbe as good and effectuall in the lawe, and also a sufficiente discharge, to all intentes, constructions, and purposes, as if it were made by acte of Parlyamente. And that euerye personne and personnes, which shal haue and receaue anye suche acquytaunce, shall paye but onelye two pence, for euerye of the same acquyttaunces.
BEIT also further enacted by the aucthoritie aforesayde, that all and euerye graunt and grauntes of all and euery Summe and Summes of moneye whiche hereafter shall be graunted to the kynge and Quenes Maiesties by the cleargye of the prouince of yorke, shall be of the same strengthe, force, and effecte, in all thinges as the sayde graunte made by the sayde prouince of Canterburye, and shall be taxed, certified, collected, leuied, and gathered accordinge to the tenoure, fourme, and effecte of this presente acte of parliamente, to all intentes, constructions, and purposes, in such maner as thoughe it were specially, plainlye, and perticulerlye expressed and rehearsed in this acte by expresse wordes, tearmes, and sentences in theyr seuerall natures and kyndes.
PROVIDED alwayes and be it enacted by the aucthoritie aforesayd, that all prouisos before rehearsed, conteyned in the sayde graunte of the prelates and cleargy of the prouynce of Canterburye, and the lyke or the same prouisions hereafter to be conteyned in the graunte of the prelates and cleargye of the prouince of yorke, shall be good and effectuall, and to be obserued and kepte in euerye poynte and article, accordynge to the true purporte and meanynge of the same.
AN ACTE of a Subsidie, and one fiftene graunted by the temporaltie.
The .xi. Chapter.
WE THE KINGE AND Quenes Maiesties Mooste humble, faythfull, and obediente subiectes, the Lordes spyrytuall and temporall, and the commons in this presente parliament assembled, callynge to oure remembraunce the great and manyfold charges, whiche theyr graces haue all readye susteined by the reason of thys present warre that their highnes haue had, and yet haue agaynst the frenche kynge and the Scottes, the auncyent enemies of this Realme, and perceiuinge also that the malyce of the same Frenche kynge and Scottes are suche, that they haue and dayly do practise by all dishonorable wayes and meanes, with the ayde and power of all theyr confederaties and alies, to anoye theyr Maiesties, and this theyr Realme, and other the dominions of the same, and by al lykelyhode, yf oportunitie of tyme and place so permitte, doo mynde to [Page]make some inuasion into sundrye partes of this realme, as well vpon the Sea coste as els where, whiche yf it shoulde happen, woulde be no small annoyaunce as well to theyr Maiesties, as to the hole estate of this realme. For the wyse preuention and resistence whereof (least any such shuld happen to be attempted) theyr highnes shalbe enforced, not onely to mayneteyne a conueniente number, and nauye of shyppes vpon the narrowe Seas, but also a great power and number of souldiers, to continue in diuers and sundrye partes of the borders and frountiers of this realme, redye prepared to all purposes, to resist al such malicious attempts or inuasions, and to defende the libertye and honour thereof, whiche cannot be put in order and readines, withoute greate Summes of monye, to be defraied and emploied for the same. And furthermore considering that the same shall not be onely for the suertye of their maiesties personnes (whom we pray to god maye longe raygne ouer vs,) and likewise for the suretye of this Realme, and theyr Maiesties louynge Subiectes of the same, but also maye be a greate terroure, feare, and discourage to the sayde frenche kynge and Scottes, and all theyr confederates, and alies, to attempte anye such inuasion or other enterpryse. Haue graunted vnto our said Soueraigne lady, her heyres and Successours, one Subsedye, and one .xv. and tenth, to be taxed, rated, and leuied of our goodes, cattels, landes, and tenementes in maner and fourme as hereafter in this present acte is limitted and conteined: And albeit that we doubte not but that our said most gratious Soueraigne lorde and lady assure them selues, that we their gratious mooste louinge subiectes, knowe the same to be farre vnder the charges whiche theyr maiesties are lyke to susteyne in this behalfe. Yet neuerthelesse we moste humblye beseche theyr highnes to accepte this oure gifte, as a declaration of our true and most faythfull hartes, who be, and by gods assistence alwayes shalbe, by all wayes and meanes, and in all respectes, ready to serue with all conformitie and obedience for the preseruation of theyr moost royall personnes, and defence and suretie of this theyr maiesties realme and dominions, as to the du tye of good and obedient subiectes apperteyneth.
Wherefore we the said lordes and comons, for the great and vrgēt considerations aforesayd, by one hole assent, by auctoritie of this presēt parliament, do geue and graunt to our sayde Soueraygne Lady, the quenes highnes, her heires and successoures, towardes the sayd great costes, and inestimable charges, one hole .xv. and tenth, to be payd, taken & leuied of the moueable goodes, cattels, and other thinges vsuall to such .xv. and tenthe, to be contributorye and chargeable within the Shires, Cities, Boroughes, Townes, & other places of this their maiesties realme, in maner and fourme afore time vsed, except the summe of sixe thousande pounde thereof fullye to be deducted of the Summe [Page xxvii]that one hole .xv. and tenth atteyneth vnto, in releif, comforte and discharge of the pore cities, townes, & boroughes of this her sayd realme, wasted, desolate, or distroyed, or ouer greatly empouerished, after such rate as was and hath afore this time bene had and made vnto euerye Shire, and to be deuided in suche maner and forme as heretofore for one hole .xv. and tenth hath ben had and deuided.
And the sayd one hole .xv. and tenth, the exceptions and deductions aforesayde therevpon had, deducted, and allowed, to be payde in maner and fourme folowinge. That is to saye, the hole .xv. and tenth, to be payde to her assignes in the receipte of her highnes eschequer, be fore the tenth daye of Nouember next comminge.
AND be it further enacted by the aucthoritie aforesayde, that the knightes elected and retorned of, & for the Shires within this realme for this presente Parliamente, Citezens of Cities, and Burgesses of Boroughes and townes, where collectours haue bene vsed to be named and appointed for the collection of any .xv. and tenth, before this tyme graunted, shall name and appointe before the laste daye of Auguste nexte comminge, sufficient and able persons, for the Collection of the sayd .xv. and tenth, in euery of the sayd Shyres, Cities, Boroughes and townes, the sayde personnes then hauynge landes, tenementes, and other hereditamentes, in his owne ryghte, of an estate of inheritaunce of the yearelye value of tenne poundes, or in goodes worth one hundreth poundes at the leaste. And also suche person or persons, so by them to be named and appointed for the collection of the sayde .xv. and tenth, shalbe by them seuerally apoynted, and allotted into hundredes. Rapes, Wapentakes, cities, boroughes, and townes. And also the sayd persones so named and apoynted for the collection of the same .xv. and tenth, shalbe charged and chargeable vpon his or theyr accoumpte or accoumptes in the eschequer, to be made with all suche summe or summes of mony, as the hundredes, rapes, wapentakes, cities, boroughes and townes where he or they shall so happen to be appointed amount vnto, and of no more summe or summes.
And vppon the paymente of suche Summes of monye, as he shalbe charged with, shall be discharged and haue his quietus est, the none accoumptinge, or none payment of any other his fellowes, or the insufficiency of them or anye of them, notwythstandynge. And the names and surnames of euerye of the sayde Collectoures, for the sayde xv. and tenth together, with the place allotted to theyr Collection and charge, the said knightes, citizens, & Burgesses for the Shyres, cities, and boroughes whervnto they be elected, named, and retourned, shal certifie before the kynge and quene in theyr chauncery, before the .xiii. daye of October no we nexte folowinge, accordinge to the tenure of this acte. And yf defaulte of anye suche certifieng be hadde or made, in [Page]fourme as is abouesayd, then the lorde Chauncellour of Englande for the time beynge, shall immediatelye after, name and appointe Collectoures for the collection of the same .xv. and tenth, in manner & fourme as the sayde knightes of the shyre, citizens of cities, and Burgesses of Bouroughes shoulde haue doone, and as afore tyme haue bene vsed. The whiche sayde collectours and euery of them shall haue like allowaunce vpon theyr accoumptes, for theyr fees, wages, and rewardes for the collection of the sayde .xv. and tenthe, in as large manner and fourme as anye collectoure or collectoures of .xv. and tenth, haue had at anye season in time paste. And that the barons of the kynge and quenes Eschequer for the time beinge, shall and may from time to time awarde suche proces for the spedye payment thereof agaynst the collectoure and collectoures of the same, as by theyr discretions shall be thought conueniente.
PROVIDED alwaye and be it enacted by the aucthoritie of this presente parliament, that the sayde Lorde Chauncellour, knightes of the shyres, Citisens of Cities, and Burgesses of Burroughes. Townes, and other places, hauynge aucthoritie by this presente acte, to name and nominate the sayde Collectoures, of, or for the sayde fyftene and tenth, shall vpon theyr nomination and election hadde and made, take by aucthoritie of this presente parliamente, sufficiente recognisaunce, or by obligation of euerye personne so by them to be named to be bounden to the kynge and Queenes Maiesties in the double Summe of theyr collection, and to be endorced vppon suche condition, that yf the sayde collectoure or collectoures, doo truelye contente and paye to the vse of the kynge and Quene in theyr receypt of theyr Eschequer before the sayde tenth daye of Nouember nowe nexte ensuynge, so muche of the Summe of money, allotted and appointed to his collection, as the same Collectoure shall haue collected and gathered. And do lyke wyse after the sayde tenthe daye of the moneth of Nouember, contente and paye to the kynge and Quenes Maiesties vses at the same receypte, the residue of his collection & charge, wtin one moneth next after such tyme as he shal haue gathered and collected the same residue, that then the sayde recognysaunce or obligation to be voyde, or elles to stande in his full strength and vertue, whiche recognisaunce or obligations soo taken, the sayde knyghtes of the Shyre, Citisens and Burgesses, and euerye of theym, takynge anye suche recognisaunces or oblygatyons, shall certysye and delyuer to the Lorde Treasurer and Baronnes of the same Eschequer, before the sayde tenth daye of Nouember nowe nexte ensuynge, vppon payne of forfeyture of ten pounde to the Quene for euerye recoguysaunce or oblygation soo to be taken and not certified.
And that euerye inche collectoure vpon requeste to him made, shal [Page xxviii]make and knowledge the same recognisaunce or obligation according lye, vpon like payne and forfeiture of tenne pounde to the Queene for his refusall thereof. And that the Treasurer or Barons of the escheker vpon the payment of the same collection, or at the sayde daye, shal cancell and delyuer the sayde recognisaunce or obligation to the sayde collectour or collectours, without any fee, or rewarde to be payde to anye person for the same.
And furthermore for the greate and weyghtye considerations aforesayde, we the Lordes Spirituall and Temporall, and Commons in this present Parliament assembled, do by oure like assente and aucthoritie of this Parlyamente, geue and graunte to oure sayde Soueraygne Lady the Quenes Maiestie, her heyres and Successours, one entyer Subsedye, to be rated, taxed, leuyed, and payde at one hole and entyre paymente, of euerye personne Spyrytuall and Temporall, of what estate or degree he or they be, accordynge to the tenure of thys acte, in manner and fourme folowynge. That is to saye, as well of euery personne borne within this realme of Englande, Wales, or other the Quenes dominions, as of all and euery Fraternitie, Guild, Corporation, Misterye, Brotherheade, and Cominaltye, corporated or not corporated, within this Realme of Englande, Wales, or other the quenes dominions, beynge worth fyue pounde, for euerye pounde, as wel in coyne, and the value we of euerye pounde that euerye suche personne, Fraternitie, Guylde, Corporation, Mysterye, Brotherheade, and Comynaltye, corporate or not corporate, hath of his or theyr owne, or any other to his or theyr vse, as also plate, stocke of marchaundises, all maner of corne and blades, householde stuffe, and of all other goodes moueable, as well within the Realme as without, and of all such summes of money as to him or them is or shalbe owyng, wherof he or they trust in his or their consciences surely to be payde (excepte and out of the premisses deducted suche summes of money as he or they owe, and in his or theyr consciences truely intendeth to paye, and excepte also the apparell of suche personnes, theyr wyues and chyldren belongynge to theyr owne bodies, sauynge Iuelles, golde, syluer, stone and pearle) shall paye to and for the sayde Subsedy, two shillinges eyght pence of euery pounde.
And also of euerye alien borne oute of the Queenes obeysaunce, as well Denizen as other, inhabitinge within the Realme, of euerye pounde that he or they haue in coyne, and the value of euerye pounde in plate, corne, grayne, marchaundise, householdestuffe or other goodes Iuelles, Cattelles, moueable or vnmoueable as is asoresayde, as well within this Realme as without, and of al summes of monye to him or them owyng, whereof he or they trust in his or theyr conscience or consciences to be payde (excepte and of the same premisses deducted euery [Page]suche Summe or summes of mony which he or they doo owe, and in his or theyr conscience or consciences intendeth truely to pay) shal pay of and for euery pounde, to and for the payment of the sayde Subsedy fyue shyllinges .iiij.d. for euery pounde.
And also that euery alien and straunger, borne oute of the queenes dominions, beynge denizen or not denizen, not beynge contrybutorye to anye of the rates abouesayde, shall paye to and for the paymente of the sayde Subsidy, eyght pence foreuery poll, and the mayster, or he or she with whome the same alien is or shalbe abidinge at the tyme of the taxation or taxations thereof, to be charged with the same for lacke of payment thereof.
And be it further enacted by the aucthoritie aforesayde, that euery person borne vnder the quenes obeysaunce, and euery corporation, fraternitie, guylde, misterye, brotherheade, and cominaltie, corporate or not corporate, for euery pounde that euerye of the same personnes, and euery corporation, fraternitie, guylde, mystery, brotherhead, and cōminaltie, corporate or not corporate, or anye other to his or their vse hath in fee simple, fee tayle, for terme of lyfe, terme of yeares, by execution, wardeshyppe, or by copye of courte roll. of and in any honoures, castels Manours, landes, tenementes, rentes, seruices, hereditamentes, annuities, fees, corrodies, or other yearelye profyttes, of the yearelye value of twentye shyllynges, as well within aunciente demeane, as other places pryuyleged, as elles where, and so vpwardes, shall paye to and for the paymente of the sayde Subsedy, foure shyllynges of euery pounde.
And euerye alien borne oute of the Quenes obeysaunce, in suche case, to paye at the sayd payment eight shyllynges of euery pound.
And that all summes presented and chargeable by this acte, either for goodes and debtes, or for landes and tenementes, and other the premisses, as is in this acte conteyned, shalbe at the sayde payment set and taxed after the rate and portion, accordynge to the true meaninge of this acte (landes and tenementes chargeable to the dysines of the clergy, and yearlye wages due to seruauntes for their yearelye seruyce (other then the kinge and Quenes seruauntes takynge yearelye wages of fyue poundes or aboue, onely except and forprysed.) And that all plate, coyne, iuelles, goodes, debtes, and cattelles personnalles, beynge in the onelye custodye of anye personne and personnes, to the vse of anye corporation, fraternitie, Guilde, misterye, brotherhead, or anye comminaltie, beynge corporate or not corporate, be and shall be rated, set, & charged by reason of this act, as the value certified by the presenters of that certificate, to be sworne of euerye pounde in goodes and debtes as is abouesayde. And of euery pounde in landes, tenementes, annuities, fees, corrodies, or other yearely profittes, as is abouesayde. [Page xxix]And the sommes that are before rehearsed, sette, and taxed, to be leuyed and taken of them that shall haue suche goodes in custodie, or otherwise charged for landes as is before rehearsed. And the same personne or personnes, and body corporate by thaucthoritie of this acte, shall be discharged agaynste him or them that shall or oughte to haue the same at the tyme of the paymente or delyuerye thereof, or at his otherwyse departure from the custodye or possession of the same, (excepte and alwayes forprised from the charge and asseassement of this subledye, all goodes, cattels, Iuelles, and ornamentes of Churches and Chappels, whiche haue bene ordeined and vsed in Churches or Chappels, for the honoure and seruice of almightie God.) And this payment of the sayd subsedy shall be by aucthoritie aforesayde, taxed, assessed, and rated accordinge to this acte, in euerye Shyre, Rydinge, Lathe, Wapentake, Rape, Citie, Borough, Towne, & euery other place within this realme of Englande and Wales, and other the Quenes dominions, before the laste daye of Apryll next comminge.
And the perticuler Summes of euerye Shyre, Rydinge, Burroughe, Towne, and other places aforesayde, with the perticuler names of suche as are chargeable for and to the paymente of the sayde Subsedye, to be taxed and sette by the Commissioners to the same lymitted, or two of theim at the leaste, with the names of the hyghe collectoures, and in the same fourme shall be certified in the kynge and Queenes Eschequer, before the laste daye of Maye nexte commyng, with the names of the highe Collectoures of the same. And the sayde Summes in manner and fourme aforesayde, to be taxed for the paymente of the sayde Subsidye, shall be payde in the kynge and Quenes Receipte of theyr Eschequer aforesayde, to the vse of oure sayde Soueraigne Ladye, before the .xxiiij. daye of Iune nexte comminge. And the Summes of and for the sayde Subsidie, shalbe taxed, sette, asked, and demaunded, taken, gathered, leuyed, and payde to the vse of oure sayde Soueraigne Lady, and her heyres and Successoures in forme abouesayde, as well within the liberties, fraunchises, Saynctuaries, aunciente demeane, and other whatsoeuer place, exempte or not exempte, as withoute (excepte suche Shyres, places, and personnes as shall be forprised in and by this presente acte) anye graunte, charter, prescription, vse, or libertye, by reason of any letters patentes, or other priuiledge, prescription, allowaunce of the same, or whatsoeuer other matter of discharge heretofore to the contrary made, graunted, vsed, or obteyned notwithstandinge.
And it is further enacted by the aucthoritye of this presente parliamente, that euerye suche personne, as well suche as be borne vnder the queenes obeysaunce, as euerye other person Straunger borne, denyzen or not denizen inhabitinge within this realme, or within Wales, [Page]or other the Quenes dominions, whiche at the tyme of the same assessinge or taxation to be hadde or made, shall be oute of this realme, and oute of Wales, and haue goodes or cattels, landes, or tenements, fees or anuities, or other profittes within this realme, or in Wales, shall be charged and chargeable for the same, by the certificate of the inhabitauntes of the parties where suche goodes, cattels, landes, tenemēts, or other the premisses then shall be, or in suche other place where suche personne or his factoure deputye or attourneye, shall haue his mooste resorte vnto within this realme or in Wales, in lyke manner as yf the sayde personne were or hadde ben at the tyme of the sayde asseassynge within this Realme. And that euerye personne abydynge or dwellynge within this Realme, or withoute this Realme, shall be charged or chargeable to the same Subsedye, graunted by thys Acte, accordinge, and after the rate of suche yearelye substaunce, or valewe of landes and tenementes, goodes, and cattelles, and other the premysses, as euerye personne so to be charged shal be set at the time of the said asseassinge or taxation vppon hym to be made, and in none otherwyse.
AND furthermore be it enacted by the aucthoritie aforesayde, that for the asseassinge and orderynge of the sayde Subsedye to be duelye hadde, the Lorde Chauncelloure of Englande, or the keper of the greate Seale, the Lorde Treasurer of Englande, the Lorde Stewarde of the Kynge and Queenes Honorable Householde, the Lorde president of the kynge and Quenes honorable Counsayle, the lord prinye Seale for the time beynge, or two of them at the least, whereof the Lorde Chauncellour of Englande, or keper of the great Seale for the time beynge to be one, shall and maye name and appointe, of, and for euery Shyre and Rydyng, and other places aswel within this realme as in Wales, and other the Quenes dominions, and also of and for euerye Citie and Towne, beynge a countye in it selfe, and of, and for the Isle of Wyght, such certeyne nomber of personnes, of euery of the said Shires, Rydinges, Lathes, Wapentakes, Rapes, Cities, Townes, and Isle of Wight, and euery other place, and other the inhabitauntes of the same, to be Commissioners with in the same, whereof they be inhabytauntes, and also of, and for the honorable householde of the Quenes Maiestie, and the Lady Elizabeths grace, in what Shyres or other places, the sayde householdes shall happen then to be. And the Lorde Chauncelloure and other with him before named in lyke maner, maye name and appoynte of euerye other suche Burroughe, and towne corporate, aswell in Englande as in Wales, and other the Quenes dominions as they shall thinke requisite, syxe, fyue, foure, three, or two of the heade officers, and other sadde honeste inhabitauntes of euery of the sayde Cities, Burroughes, and Townes Corporate, accordynge [Page xxx]to the number and multitude of people beynge in the same. The whiche personnes yf anye such be therevnto named, of the sayde inhabytauntes of the sayde Burroughes, and Townes Corporate, not beynge countyes in them selfes, shalbe ioyned and putte in as commyssyoners, with the personnes named for suche Shyres, and Rydynges, as the sayde Burroughes, and townes corporate, not beynge counties in them selues, be set and haue their being, whych persons so named for & of ye said boroughes, & townes corporate, not being counties, by reason of their dwelling in the same, shall not take vpon thēne none of thē to put any part of their commission in execution for the premysses oute of the sayde Boroughes and Towne Corporate, wherein they beynge so named onelye for the same be dwellynge. And also not to execute the sayde commyssyon within the Burroughe or Towne Corporate, wher they be so dwellynge, but at suche dayes, and tymes, as the sayde other commyssyoners for the same Shyre, and Rydynge shall thereto lymytte and appoynte, within the same Burroughe or towne corporate, not beynge countye corporate, whereof they soo be, and not out of suche Burrough or towne, and in that maner to be aydynge and assystynge with the sayde other commyssyoners, in, and for the good executynge of theffecte of the sayde commyssyon, vpon paine of euerye of the sayde commissioners soo named for euerye suche cytye Burrough, and towne corporate, not being a county, to make such fine as the sayd other comissioners in the commission, of, & for the said shire or rydynge so named, or three of them at the least, shal by theyr dyscretions sette and certyfye into the kynge and queenes Escheker, there to be leuyed to the vse of her Maiestie, in like manner as suche or like Sommes hadde bene sette and rated vpon euerye suche personne for the sayde Subsedye. The whyche commissyoners so named of and for the sayde Cityes, Burroughes, and Townes, not beynge countyes, & onelye putte in the sayde commyssyon by reasonne of theyr dwellynge in the same, shall not haue anye parte of the portion of the fees, and rewardes of the commyssyoners and theyr clerkes, in thys acte afterwardes specyfyed. And the lorde Chauncelloure of Englande, and keper of the kynge and Queenes great Seale for the tyme beynge, shall make and directe oute of the courte of Chauncerye, vnder the kinge & quenes greate Seale, seuerall commissions. That is to saye, to euerye Shire, Rydynge, Lath, Wapentake, Rape, cytye, Towne, Burrough Isle, and householde, vnto such personne and personnes, as by his discretion and other with hym afore named and appointed in lyke maner and fourme as is afore rehearsed, shall be thoughte suffycyente for the seassynge and leuyinge of the same Subsedye, in all shyres and places, accordynge to the true meanynge of thys acte. Whyche Commyssyon for the paymente of the sayde Subsedye, shall be dyrected and delyuered [Page]to the sayde commissioners, or to one of them before the fyrste daye of Apryll next comminge, and to euerye of the sayde commyssyons tenne Sedules, conteynynge in them the tenoure of thys acte, shall be affiled, by the whyche commissyon the commyssioners in euerye suche commyssyon, named, accordynge to thys acte, and as manye of them as shall be appoynted by the same commyssyon, shall haue full power and aucthorytye to putte the effecte of the same commyssyon in execution.
And that by the aucthoritie of this acte, after such commission to them dyrected, they maye by theyr assentes and agrementes, seuer thē selues for the execution of their commyssyon in hundredes, Lathes wardes, and rapes, Wapentakes, townes, parishes, and other places, within the lymyttes of theyr sayde commyssyon, in suche forme as to them shall seme expediente to be ordered, and betwene them to be commoned and agreed, accordynge to the tenoure and effecte of the commyssyon to them therein dyrected. Vpon which seueraunce euery personne of this present parliament that shalbe commissyoner, shalbe assigned in the hundred wherein he dwelleth.
PROVIDED alwaies that no personne be or shal be compelled to be anye commissioner, to and for the execution of thys presente acte, but onelye in the Shyre where he dwelleth and inhabyteth. And that euerye personne beynge assigned to the contrary therof, in anye wise shall not be compelled to putte in execution the effecte of thys acte, or anye parte thereof.
AND it is also enacted by the aucthoritie of this present parliament, that the commissioners and euerye of them whiche shalbe named, lymitted and appoynted accordynge to thys acte, to be commissioners in euerye suche shyre, Ridinge, Lath, Wapentake, Rape, Cytye, towne, Burroughe, Isle, and the same householdes, or any other places, and none other shal truelye, effectuallye, and dylygentlye for theyr parte, execute the effecte of thys present acte, according to the tenoure therof in euery behalfe, and noo otherwyse by anye other meanes, wythoute omission, fauoure, dreade, malyce, or anye other thyng to be attempted and done by them or anye of them to the contrary thereof. And ye same Commyssyoners and as manye of them as shalbe appointed by ye same commission, and none other for thexecution of the same Commyssyon and acte, shall for the taxation of the same payment of the sayd Subsidie before the, vi. daye of Apryll nexte commynge, by vertue of the commissions deliuered vnto them in fourme abouesayde, directe their seuerall or ioynte precepte vnto eight, seuen, sixe, fiue, foure, or thre or mo, as for the number of the inhabitauntes shalbe requisite, of the mooste substanciall discrete, and honest persons inhabytauntes, to be named by the sayde commissioners, or by as manye of them as shalbe appoynted [Page xxxi]by the sayd commission, of, and in hundredes, lathes, rapes, wapentakes, wardes, paryshes, townes, and other places, aswell within lybertyes, Fraunchyses, auncient demeane, places exempted, and saintuaryes as withoute, within the limittes of the shires, rydinges, lathes wapentakes, rapes, Cities, Townes, Burroughes, or Isle aforesayd, and other places within the limittes of theyr commyssyon, vnto the cō stables, subconstables, Baylyffes, and other like officers, or mynysters of euery of the same hundredes, townes, wardes, lathes, wapentakes, paryshes, and other places beforesayd, as to the same Commyssioners and euery number of them, or vnto three or two of them by theyr dyscretion in diuisyon shall seme expedient, as by the maner & vse of that parties shalbe requisite. Strayghtlye by the same precepte chargynge and commaundyng the same inhabytauntes, constables, and other offycers aforesayde, to whome suche precepte shalbe soo directed, to appeare in their proper personnes, before the sayde Commyssyoners, or suche number of them as they shall deuide them selfes, accordynge to the tenoure of the sayde commission, at certayne dayes and places, by the sayde commissyoners or any number of them as is aforesayd, within Cities, Burroughes, and townes Corporate, or withoute in anye other place, as is aforesayd, by their dyscretions, shall be lymytted ther vnto, to doo and accomplyshe al that to them on the partye of the king and Queenes maiesties, shalbe enioyned touchynge thys acte. Commaundyng further by the same precepte, that he to whose handes such precept shall come, shall shewe or deliuer the same to the other inhabytauntes or offycers named in the sayde precept, and that none of them fayle to accomplyshe the same, vpon payne of fortye shillinges, to be forfeyted to the Quenes Maiestye.
AND it is further ordeyned by the aucthoritie of thys presente Parlyamente, that euerye of the Commyssyoners then beynge, in the Shire, and hauynge noo sufficiente excuse for hys absence, shall at the daye and place prelyxed, for that parte wherevnto he was lymytted to appeare in hys proper personne. And there the same Commyssyoners beynge presente, or asmanye as shalbe appoynted by the kynge and queenes Commyssyon, shall call or cause to be called before them the sayde inhabytauntes, and offycers, to whome they haue directed their sayde preceptes, and whyche hadde in commaundemente there to appeare by the sayde precepte of the sayde commyssyoners, and yf anye person soo warned make defaulte, onles he then be letten by syckenes or lawefull excuse, and that let then be wytnessed by the othes of twoo credible personnes, or yf anye appearynge, refuse to be sworne in forme folowynge, to forfeyte to the kynge and queenes Maiesties, forty shillynges, and soo at euerye tyme appoynted by the sayd commyssioners, for the sayde taxations, vnto such tyme, the number of euery suche personnes, [Page]haue appeared and certified in fourme vnder written, and euerye of them, so makynge defaulte, or refusynge to be sworne, to forfeyt to the kyng and queenes Maiesties, fortye shyllynges. And vpon the same appearaunce had, one of the most substanciall inhabytauntes, or officer so beynge warned and appearynge before the sayd commissyoners, shalbe sworne vpon a boke, openlye before the commissioners in fourme folowyng. I shal truely enquyre with my felowes, that shalbe charged with me of the hundrede, wapentake, warde, towne or other place, of the best and most value of the substaunce of euery person dwellynge and abydynge within the limittes of the places, that I and my felowes shalbe charged with, and of other, which shal haue his or their most resorte vnto anye of the sayde places, and chargeable with anye summe of monye, by this acte of the sayd subsedye, and of all other articles that I shalbe charged with touchyng the sayd acte, and according to the intente of the same. And therevpon as nere as it maye be, or shall come to my knowledge, truely to presente and certifye before you the names, surnames, and the beste and vttermooste substaunce and values, of euerye of them, alwell of landes, tenementes, and other hereditamentes possessions, and proffytttes, as of goodes, cattells, debtes, and other thynges, chargeable by the sayde acte, withoute anye conceylemente, loue, fauoure, affection, dread, feare, or malyce, as neare as god wyll geue me grace, so helpe me God and the holye contentes of this boke.
AND euery other person that shall appere there by the same preceptes shal make like othe, and vpon the othe so taken as is aforesayde, by the inhabytauntes and officers of euery hundred, ward, wapētake towne, or other place, the sayd commissioners, shall openly there tede or cause to be red vnto them the sayd rates, and openlye declare the effect of their charge vnto them, in what maner and fourme they ought and shuld make their certificate, accordyng to the rates and summes thereof abouesayde, and of all maner of personnes, as wel of alyens & straungers, denizens or not denizens, inhabytyng within thys realme as of such personnes as be borne vnder the Queenes obeysaunce chargeable to thys acte.
AND of the possessions goodes and cattels, of fraternities, guyldes, corporations, brotherhedes misteries, and comminaltyes, and other as is abouesayde, and of persones beynge in the partyes of beyond the Seas, hauynge goodes or cattels, landes, or tenementes, within thys Realme as is aforesayd. And of al goodes beyng in the custody of any personne or personnes, to thuse of anye other as is abouesayde, by the whych information, and shewing the sayde personnes shuld haue such playne knowledge of the true intente of this present Acte, and of the maner of their certyfycate, that the same persones, shall haue no resonable [Page xxxii]cause to excuse them by ignoraunce. And after such othe and the Statute of the sayde Subsidie, and the maner of the sayde certificate to be made in writinge, conteyninge the names and surnames of euery personne, and whyther they be borne withoute the Queenes obeysaunce or within, and the best value of euery personne, in euery degre, as well of yerely value of landes and tenementes, and of such lyke possession and profittes, as the value of goodes and cattelles, debtes, and euery thing to the certificate requisite and necessary to them declared, the sayde Commissioners there beyng, shal by theyr discretions apoint and limitte vnto the sayde personnes an other daye and place to appeare before the sayde commissioners, and charginge the sayd persons that they in the meane time shall make diligente enquirie by all wayes and meanes of the premisses, and then and there euerye of them vpon payne of forfeyture of .xl.s. to the kynge and Quenes Maiesties, to appeare at the sayde newe prefixed daye, and place, there to certifie vnto the sayde Commissioners in wrytinge, according to theyr sayd charge and accordinge to the true intente of the sayd graunt of Subsedy, and as to them in maner aforesayde hath bene declared and shewed by the commissioners. At which daye and place so to them prefixed, yf anye of the sayde persons make defaulte, or appeare, and refuse to make the sayd certificate, that then euery of them so offendinge, to forfeyte to the kynge and Quenes Maiesties, forty shyllynges, except onelye a reasonable excuse of his defaulte, by reason of syckenes, or otherwyse by the othes of two credible personnes, there witnessed be had. And of suche as appeare ready to make certificate, as is aforesayd, the sayd commissioners there beyng shall take and receaue the same certificate, and euerye part therof, and the names and values, and substance of euery person so certified. And if the same commissioners see cause reasonable they shall examen the sayde presenters therof, and thervpon the sayde commissioners at the sayd dayes and place, by theyr agremente emonges them selfes, shal from time to time openly there prefixe a daye at a certayne place or places within the limittes of theyr commission by theyr discretion, for theyr further proceding to the sayd assessyng of the sayde Subsidie, and therevpon at the sayde day of the sayde certificate as is aforesayde taken, the same commissioners shall make theyr precepte or preceptes to the constables, subconstables, Baylyffes, or other officers of suche hundredes, wapentakes, townes, or other places aforesayde, as the same commissioners shall be of, comprisinge and conteyninge in the same precepte, the names and furnames of all persons presented before them in the sayde certifycate, of whome yf the sayde commissioners or as many of them as shalbe therevnto appoynted by the kynge and quenes commission, shall then haue vehement suspect to be of more greater value or substaunce in landes, goodes, cattelles, or [Page]summes of monye owynge to them, or other substaunce beforesasd, thē vpon suche personne or personnes shalbe certified, the same commissioners shall make theyr precepte or preceptes, directed to the constables, baylyffes, or other officers, to whō such precept shalbe directed, cōmaū ding the same constables, bailiffes, or other officers, to warne such personnes whose names shalbe comprised in the sayd precept, at their mā sions, or to theyr personnes, that the same persons named in suche preceptes, and euery of them, shall personally appeare before the sayd commissioners, at the same newe prefixed day and place, there to be examined by al wayes and meanes by the saide commissioners, of theyr greatest substaunce and best value, and of all and euerye summes of money owynge to them, and other whatsoeuer matter concernynge the premisses or anye of them, accordynge to this Acte. At whiche daye and place so prefixed, the sayde commissioners then there beynge, or as many of them as shall be there vnto appoynted by the kynge and Quenes commission, shall cause to be called the sayde personnes, whose names shalbe comptised in the sayde precepte, as is beforesayde, for theyr examination. And if any of those personnes whiche shoulde be warned as is beforesayde to be examyned, whyche at anye tyme after the warnynge, and before the prefyred daye, shalbe within such place wher he maye haue knowledge of his sayde appearaunce to be made, make defaulte and appeare not, onles a reasonable cause, or elles a reasonable excuse by the othes of two credible personnes before the sayde commissioners be truely alledged for his discharge, that then euerye of them so makynge defaulte, to be taxed to the kynge and Queenes Maiesties, with and at the double summes of the rate that he shoulde or oughte to haue ben sette at for and after the beste value of hys landes, or substaunce vpon him certified, yf he had appeared, by the discretion of the commissioners there beynge. And whiche commissioners shall trauell with euery of the personnes so then and there appearynge, whose names shall be expressed in the sayde precepte or preceptes, and in whome anye vehement suspecte was or shall be hadde, in fourme aforesayde, by all suche wayes and meanes they can. And that euerye spirituall person at the sayde taxations of the sayde Subsedye, shall be rated and set accordinge to the rate abouesayde, of, and for euerye pounde that the same spyrituall person or any other to his vse, hath by discent, bargayne or purchase, in fee simple, fee tayle, terme of lyfe, terme of yeares, by execution, by warde, or by copy of courte rolle, in any manours, landes, tenementes, rentes, seruices, offices, fees, corrodies, annuities, or hereditamentes, after the true, iuste, and yearelye value thereof, after, and accordinge as other the kynge and Quenes Maiesties subiectes, born within this realme be charged in sourme aboue remembred. So that it extende to the yearely value of twentye shyllynges or aboue. And yf [Page xxxiii]any person certified or rated by vertue of thys acte, be he commissioner or other to anye maner of value, doth finde hym selfe greued wyth the same presentment, seassynge, or taxinge, and therevpon complayne to the commyssyoners before whome he shalbe rated, seassed, or taxed, or before two of them. That then the said commissioners shal by al waies and meanes examen perticulerly and distinctlye the personne soo complaynynge, and other his neyghboures by their disrretion, of euery his landes and tenementes aboue specified, and of euerye his goodes, cattells, and dettes, aboue mentioned, and after due examynatyon and perfitte knowledge thereof had and perceaued by the sayd commissioners, whiche shall haue power by the aucthoritie aforesayde, the sayde commissyoners or two of them, to whome any suche complaynt shalbe made, by theyr discretions vpon the oth of the sayde personne soo complaynyng, maye abate, defalke, encrease or enlarge the same assessemēt accordynge as it shall appeare vnto them iuste vpon the same examynation. And the same Summe so abated, defaulked, encreased, or enlarged, to be streated in fourme as hereafter ensueth, so that he come before the estreates of the same assessynge be deliuered by the sayde commissioners, into the kyng and Queenes maiesties escheker. And if it be proued by wytnesse, his owne confessyon, or other lawefull wayes or meanes, within a yeare after any such othe made, that the same person so taxed and sworne was of any better or greter value in lands, goods or other thynges aboue specifyed at the tyme of hys sayd othe, then the fame person so sworne did declare vpon his sayde oth, that then euerye such person so offending, shall lose and forfeyte to the kyng and quenes maiesties so much in lawefull mony of Englande as the said person so sworne was set at or taxed to paye. And al persons set, rated, and taxed as is aforesayd, shalbe bound and charged by the same, and the somme or sommes vpon hym set to be due towardes the payment of the sayde Subsedy and to be leuied as hereafter shalbe specified.
And also it is enacted by the same aucthoritie, that euery person, to be taxed at the same taxation as is aforesaid, shalbe rated taxed and set and the somme on him set to be leuied at such place wher he and his famylye at the tyme of the same presentment to be made, shall kepe hys house or dwellyng, or where he then shalbe mooste conuersaunte abydynge and resyaunte, or shal haue hys most reforte, and shalbe best knowen, at the tyme of the sayde certificate to be made, and no where els. And that no commissyoner for thys Subsedy shalbe rated or taxed for his goodes, or landes, but in the Shire and other place where he shall be commissioner. And that yf any person chargeable to thys acte, the tyme of the sayde assessyng, happen to be out of thys realme, and out of Wales, or farre from the place where he shalbe knowen, then he to be sette where he was last abydynge in thys Realme, or within Wales, [Page] [...] [Page xxxiii] [...] [Page]and best knowen, and after the substaūce and value, and other profites of euery person knowen, by thexamination, certificate, and other maner of wyse as is aforesayde. The sayde commissioners or as manye of them, as shalbe appoynted by the kyng and quenes Maiesties commission, shall after the rate aforesayd, set and taxe euery person, according to the rate of the substaunce and value of his lands, goodes, and other proffyttes, whereby the gretest and most best somme accordyng to his mooste substaunce, by reasonne of thys acte myghte or maye be sette or taxed.
PROVIDED alwaies that euery such person, whych shalbe set or taxed for payment of, and to this Subsedy, for and after the yearely value of his landes, tenementes, and other real possessions or proffites, at the sayde taxations, shal not be sette and taxed, for his goodes and cattels, or other moueable substaunce, at the same taxation. And that he that shall be charged or tared for the same Subsedy, for his goodes, cattels, and other moueables at the same taxation, shall not be charged taxed or chargeable for his landes, or other real possessions, or proffits aboue sayd, at the same taxation, nor that anye person be double charged for the sayde Subsedy, neither set or taxed at seuerall places, by reason of thys acte, any thing conteined in this presente acte notwithstandyng.
AND that it be ordeyned by the same aucthoritie of thys present parlyament, that no person hauynge two mansions, or two places to resorte vnto, or calling him selfe householde seruaunte, or waitinge seruaunt to the kyng and quenes Maiesties, or other lord or lady, maister or maistres, be excused vpon hys saying from the raxe of the said Subsedy in nether of the places, where he may be set, onlesse he bring a certifycate in writyng from the commissioners, wher that he is soo sette in dede at one place. And if any person that ought to be set by reson of his remouyng or resorting to two places, or by reason of his saying that he ells wher was taxed, or by reason of any priuilege by his dwellynge or abydynge in any place not beyng forprysed in thys acte, or otherwyse by hys couine or craft happen to escape from the sayde taxations, and be not set, and that proued by presentment examination or informatiō before the same commyssyoners, or asmanye of them as shalbe by the same commission appointed, or by the Barons of the kyng and quenes maiesties eschequer, or two iustyces of the peace of the countye where such person dwelleth, then euerye such person that by suche meanes or otherwyse wyllinglye by couine shall happen to escape from the sayde taxation or payment aforesayd, and not be rated, taxed, or sette, shalbe charged vpon the knowledge and proffe thereof with and at the double value that he shoulde or ought to haue bene set at afore, accordynge to hys behauour, the same double value to be taxed gathered, and payed of hys goodes and catcells, landes, and tenementes, to wardes the [Page xxxiiii]sayde Subsedy, and further to be punished accordyng to the discretyons of the barons, iustices and commissyoners before whom he shalbe conuycted for hys offence and deceite in that behalfe.
AND further be it enacted by thaucthoritie aforesayd, that the sayde commyssioners of euery commission shall accordyng to their diuisions and after they be deuided haue full power and aucthoritie by this act, to set tax and sesse euery other commissioner ioyned with them in euery such commission and diuision. And shal also assesse euerye assessoure, within their diuysyon for hys and their goodes, landes, and other the premisses as is abouesayd, by the whych sayde commyssyon the sayde commissioners, shall indifferently set taxe and sesse them selfes and the sayd assessoures, and that aswell the summes vpon euerye of the sayde commyssyoners and assessoures, soo sessed, rated, and taxed as the summes made and presented by the presenters sworne as is aforesayd, shalbe writtenne certifyed and estreated. And the estretes thereof to be made with other the inhabytauntes of the parties, within the lymites of the same commission and diuysyon, so to be gathered and leuied in lyke maner as it ought or should haue bene, yf the sayd commissioner had not bene in the sayde commission. And that all persons of the estate of a Baron or barons, and euery estate aboue shalbe charged wt their frehold and value as is aforesayd, by the chauncellor or keper of the gret Seale, Tresurer of England, lord president of the kynge and quenes maiesties pryuy councell, and lord prynye Seale, for the tyme beynge, or other persons by the kyng and quenes maiesties auctorytie, to be limitted, and they to be charged for the said seueral paymentes of the sayde Subsedye after the forme of the sayde graunte accordynge to the taxation aforesayde, and the summes vpon them sette with the names of the Collectoures appoynted for the gatheringe and payinge of the same, to be estreated, delyuered, and certyfied at dayes and places aboue specyfyed, by the lorde Chauncelor, tresorer, lord presidēt of the councel, and lord pryuy Seale for the tyme being, or such other persons, as shalbe limitted by the kyng and quenes maiesties, and after the taxes and assesses of the sayd simmes vpon and by the sayd assessynge and certificate as is aforesayd made, the sayde commissioners or as many of them as shalbe there vnto appointed by the kynge and quenes maiesties commission, shal with al spede and withoute delaye, by the writinge estreted of the sayd taxe thereof, vnder the Seale and signes manuel of the sayd commissyoners, or of as manye of them as shal be appointed at ye lest to be made, shalbe deliuered vnto sufficient & substantiall inhabitauntes constables, subconstables, Baylyffes, and other offycers, ioyntly of hundredes, townes, paryshes and other places aforesayde, within their limittes, or to other sufficiente personnes inhabytauntes of the same onely by the discretion of the same commissioners, [Page] [...] [Page xxxiiii] [...] [Page]and as the place and parties shall requyre, aswel the perticuler names as surnames, as the remembraunce of all summes of monye, taxed and sette of and vpon euery person aswel man as woman chargeable to thys acte, householder and al other inhabitauntes and dwellers within the sayde parishes, townes, and places contributory to this acte of Subsedye. By aucthoritie of whiche writynge or estrete so delyuered, the sayde offycers and other perfonnes so named and deputed seuerallye, shall haue full power and aucthoritie by vertue of thys acte immediatelye after the delyuerye of the sayde wrytynge or estreate, to demaunde leuye and gather of euery person therein specified, the sūme or Summes in the same wrytinge or estrete comprised. And for none paymente thereof to distrayne the same personne or personnes soo beynge behynde by their goodes and cattells. And the distresses soo taken to kepe by the space of eyght dayes at the costes and charges of the owner thereof. And yf the sayde owner do not pay suche summe of monye as shalbe taxed by thys acte within the same .viii. dayes, then the same distresse to be appraysed by foure, three or two of the inhabitauntes where such distresse is taken, and also to be solde by the sayd constable and other collectoure for the paymente of the sayde monye, and the ouerplus comynge of the sale and kepynge thereof yf any be, to be immediatelye restored to the owner of the same distresse which sayd offycers and other personnes, soo deputed to aske, take, gather and leuye the sayde Summes, shall answere and be charged for the portion onely to them assigned or limitted, to be gathered, leuied and comprysed in the sayde wrytinge or estrete to them as is before sayde deliuered, to thuse of our Soueraygne Lady the Quenes Maiestie, and her heires and successoures. And the sayd summe in that writing or estrete comprysed to pay vnto the high collector or collectors of that place for the collection of the same in maner and forme vnderwritten, thervnto to be named and deputed, and the same inhabitauntes and offycers soo gatheryng the same perticuler summes, for their collection thereof, shal retaine for euery twenty shillynges, so by them receued and payd two pence, and that to be allowed at the payment of their collection by thē to be made, by the hygh collector or collectoures.
AND further be it enacted by the sayde aucthoritie, that the said commissyoners or the more parte of them as shall take vpon them thex ecution and besynes of the sayd commyssion, shal for the same paiment of the sayd subsedye, name such sufficient and able persons, which then shall haue and possesse landes and other hereditaments, in their owne right of the yearely value of twenty poundes, or goodes to the value of two hundred markes at the leaste, and the personnes feuerallye by the dyscresions of the same commissyoners, in shires, ridynges, lathes, wapentakes, rapes, cities, townes corporat, and other whatsoeuer places [Page xxxv]aswel wt in places priuileged as withoute, not beinge forprised within this act to be high collectors, & haue the collection and receipt of ye said summes set & leuiable within the precinct, limit, and bondes wher thei shalbe so limitted to gather and receiue. So euery of the which collectors so seuerally named, the said cōmissioners or two of them at the lest shal wt alspede and without delay after the sayd whole sūme of the said subsedy, be set by all the limits of the same theyr comission, or in suche limits as the high collectors shalbe so seuerally assigned, shal vnder their seales, and signes manuel deliuer one estreat indented in perchemente to euery of the said high collectors, comprising in it the names of al such persons as were assigned to leuy the sayd perticuler summes, and the summes of euery hundred, wapentake, towne, or other place aforesaid, with the names and surnames of the persons so chargeable according to the estrete so first therof made as is aforesaid, and deliuered, and the collectors so to be assigned, shalbe charged to aunswer the hole summe comprised in the said estreat limitted to his collection as is aforesayde.
Prouided alwayes and be it enacted by the aucthoritie aforesayd, that the sayd comissioners hauinge auctoritie by this acte to name and nominate the sayde high collectors of the sayd subsedy, shal immediatly vpon the nomination and election, take by auctoritie of this presente parliament, sufficient recognisaunces or obligations, without any fee, or rewarde to be payde therefore of euerye person so by them to be named to be high collectours, to be bound to the kynge and quenes maiesties, in double summe of the summe of his collectiō, and to be indorced and made vpon such condition, that is to say, for the collectiō of ye same paiment of the sayd subsedy, that if the sayd collector his heyres or executors do truelye content and pay to the vse of the quenes maiestie, her heyres or executors, in receipt of the said eschequer before the said .xxiiij day of Iune next cominge, so muche of the sayd summe of mony allotted and appointed to his collection, as he shall collecte and gather, and contente and paye the residue of his collection and charge within one moneth next after such time as he hath gathered and collected ye same residue, that then the saide recognisaunce or obligation to be voyde, or elles to stand in full strength and vertue, whiche sayd recognisaunces or obligations so taken, the sayd comissioners shall seuerallye certyfye and deliuer into the king and quenes maiesties eschequer, with the seuerall certificates of the sayd taxations and rates of the paymentes of the said subsedy, at and by the tyme to them prescribed and appointed by this act, for the certificate of the taxation of the sayd subsedye, vpon payne of forfeyture of .x. poundes to the kynge and quenes maiesties, for euery recognisaunce or obligation not certified, and that euery such collector so elected named and chosen, vpon request to him made, shall knowlege & make the sayd recognisaūce or obligation, vpō like pain of forfeiture of .x. poūds to the king & quenes maiestie for ye refusal therof. [Page]And euery such collector so deputed hauing the said estreate in perchement as is aforesaid, shall haue auctoritie by this act, to appoint dayes and places within the circuit of his collection for the payment of ye said subsedy to him to be made, and therof to gene warninge by proclamation or otherwyse to all the sayd constables or other persons or inhabitaunts, hauing the charge of the perticuler collectiō within the hundredes, parishes, townes, or other places by him or them limitted to make payment for theyr sayd perticuler collection of euery summe as to them shal aperteyne, and if at the sayd day and place so limitted and prefixed by the sayd collectour, the said constable, officer, or other persons or inhabitauntes as is beforesayd, for the said perticuler collection appointed & assigned within such hundred, citie, towne, or other place, do not pay vnto the sayde collectours the sūme within theyr seueral hundreds townes, parishes, and other places due & comprised in the said estreate therof to them deliuered by the said comissioners or some of them as is aforesayd, or so much therof as they haue by any meanes receiued, ij. d. of euery pounde, for the said perticuler collection as is beforesayde, alwayes to be therof allowed, excepted, and abated, that then it shall be lawful to the said high collectours and euerye of them, and to theyr assignes, to distraine euery of the sayde constables, officers, and other inhabitantes, for theyr sayd seueral and perticuler collections of the said summes comprised in the sayd estreat and writing therof, to them and euery of thē, as is before expressed, deliuered, or for as much of the same summe as so then shal happen to be gathered and leuied, and be behind and vnpaid by the goods and cattels of euery of them so being behind, and the distres so taken, to be kept, apraysed, and sold as is aforesaid, & therof to take and leuy the summes so then being behind and vnpayd, and the ouerplus coming of the sale of the sayd distres if anye be, to be restored and deliuered vnto the owner in fourme aboue remembred.
Prouided always that no person inhabitinge in any citie, borough or towne corporate, shalbe compelled to be an assessour or collectour, of or for any part of the sayd subsedy, in any place or places out of the sayd citie, boroughe, or towne corporate where he dwelleth.
And it is also by the said auctoritie enacted, yt if any inhabitaunte or officer, or whatsoeuer person or persons charged to and for the collection or receypt of any parte or portion of the sayd Subsedy, by any maner of meanes according to this acte, or any person or persons for them selues, or as keper, gardian, deputy, factour, or attourney, of or for anye other person or personnes, of anye goodes and cattelles of the owner therof at the tyme of the sayde asseassyng to be made, beyng out of this realme, or in anye other parties not knowen, or of and for the goodes and cattels of anye other person or personnes, of anye corporation, fraternity, misterye, or other whatsoeuer cominaltye, beynge incorporate, or not incorporate, and all personnes hauing in theyr rule, gouernaūce [Page xxxvi]and custody any goodes or cattells at the tyme of the sayd assessyng to be made or which for any cause for and by collection, or for him selfe, or for any other, or by reason that he hath the rule, gouernaunce, or custodye of any goodes or cattels of any other person or persons, corporation, cominaltye, or fraternitie, guild, or mistery, or any such other like, or as factoure deputie or attorney of or for any persō, shalbe taxed, rated, valued, & set to any summe or summes by reason of this acte, and after the taxation or assessing vpon anisuch person or persons as shalbe charged with the receipt of the same, happen to die or depart from the place where he was so taxed and set, or his goodes or cattels be so eloined, or in such pryuye and couerte maner kepte as the said person or persons charged with the same, by estretes or other wrytynges from the sayde commissioners, or asmany of them as shalbe thervnto apoynted by the sayde commission as is aforesayde, canne ne may leuy the same summe or summes comprised within the same estretes by distres within the limits of theyr collection as aforesayd, or cannot sel such distres or distresses as be taken for any of the same paymentes, before the tyme limitted to the highe collectoure for hys paymente to be made in the kynge and Queenes maiesties receipt, then vpon relation thereof made, with due examination by the othe or examination of such person or personnes, as shalbe charged with or for the receypte or collection of the same before the sayde commissioners, or as many of them as by the sayde commission shalbe therevnto apoynted, where suche person or personnes, or other as is aforesayde, theyr goodes and cattells were set and taxed and vpon playne certificate thereof made in the kyng and quenes maiesties escheker by the same comissioners, as wel of the dwelling place, names, and summes of the sayd personnes of whom the saide summes cannot be leuied and had as is aforesaid, then aswell the constables & other inhabitaūts appointed for the said perticuler collection against the high collectors, as the high collector vpon his accounte and othin the sayd escheker to be discharged thereof, and proces to be made for the kyng and quenes maiesties out of the sayd escheker, by the discretion of the Barons of the said escheker agaynst such person his heires or executours, so being behind with his payment, and ouer that the same commissioners to whom any such declaration of the premisses shalbe made in forme aforesaid, from time to time shal haue ful power and aucthoritie to direct their precept or preceptes vnto the said person or persons charged with any sūme, of for or vpon any such person or persons, or other as is aforesaid, or to any sherif, steward balif, or other whatsoeuer officer minister, person or persons of such place or places wher any such persō or persons, so owing such sūme or sūmes shal haue lādes and tenemēts, or other hereditamēts or real possessions, goodes, & cattels wherby anye such person or persons so indetted, his heires executours, [Page]or assignes or other hauynge the custodye, gouernaunce, or disposition of any goodes cattells, lands, or tenementes, or other hereditamentes, which ought or maye, by this acte lawefully be distreined or taken for the same, hath and shall haue goodes, cattells, landes, tenementes, or other possessions whereof suche summe or summes, which by any suche person or personnes maye or oughte to be leuied, be it within the lymyttes of suche commission where such person or personnes was and were taxed, or withoute, within anye place within thys Realme of Englande, Wales, or other the queenes Maiesties dominions, marches or territors, by which precept as well such person or personnes, as shalbe charged to leuye such monye, as thofficers of the place or places where such distres maye be taken, shall haue ful power and aucthoritie to distrayne euerye suche person indetted, charged and chargeable by thys acte, or his executours or admynystratours of hys goodes and cattells, hys gardians, factours, deputies, lesses, fermers, and assygnes, and alother personnes, by whosehandes or oute of whose landes any such person should haue rent, fee, annuitie, or other profytte, or whiche at the tyme of the sayde assessinges shall haue goodes or cattels or anye other thynge moueable, or anye such person or persones beyng indetted or owynge suche summe, and the distresses so taken, caused to be kepte, appraysed, and solde, in lyke maner and forme as is aforesayd, for the distresse to be taken vpon such person to be taxed to the said subsedy, & being sufficient to distraine wt in the lymyts of the collectours, inhabytantes, or other offycers, charged with or for the same sūmes so vpon them to be taxed. And if any such distres for none paymente happen to be taken oute of the limit of the sayd persons charged and assigned to leuye the same, the person so charged for the leuye of euery suche summe by dystresse, shall perceaue and take of the sayde dystres for the laboure of euerye person goyng for thexecution thereof, for euery mile that anye suche person so laboureth for the same two pence, and euerye fermoure, tenaunt, gardian, factor, or other whatsoeuer person, beyng distreyned or otherwyse charged for paymēt of any such sūme or sūmes or anye other summes by reasonne of thys acte, shalbe of suche summe or summes of him or them so leuied and taken, discharged and acquyted at hys nexte daye of payment of the same, or at the delyuery of such goodes and cattells as he that is so distrayned had in hys custody and gouernaunce agaynst him or them that shalbe soo taxed and sette, anye graunt or writyng oblygatory or other whatsoeuer matter to the contrarye made heretofore notwithstandyng.
And yf anye such person that shoulde be so distreyned haue no landes or tenementes suffycyente whereby he or hys tenauntes and fermoures maye be distrayned, or hath aloined, aliened, or hid his goodes and cattells whereby he shoulde or myght be distrayned, in such maner [Page xxxvii]that suche goodes and cattelles shall not be knowen or founde, so that the summe of or by him to be payde in the sayde fourme, shall ne can be conueniently leuied, then vpon relation thereof vnto the commissioners, or to as manye of them as by the sayd commission shalbe thervnto appoynted, where suche person or persons was taxed and set, by the othes of him or them that shalbe charged with the leuy and paymente of that summe or summes, the same commissioners shall make a precept in suche maner as is aforesayd, for to attache, take, & arrest the body of suche person or persons that oughte to paye the sayde summes, and by this acte shall be charged with and for the sayde summe and summes, and theim so taken, safelye to kepe in prison within the shyre or other place, where anye suche person or persons shall be taken and attached, there to remayne without bayle or mayneprice, vntyll he haue payde the same summe or summes that suche persons for him selfe or for anye other by this acte shall be charged or oughte to be charged withal, and also for the fees of euery suche arreste to him or them that shall execute suche precepte twenty pence, and that euery officer vnto whome suche precepte shalbe directed, do his true diligence, and execute the same vpon euery person so beynge indetted, vpon payne to forfeyt to the king and Quenes maiesties, for euery default in that behalfe .xx. shyllinges and that no keper of any gayle, from his gayle suffer anye suche person to go at large by lettinge to bayle, or otherwyse to departe oute of his prison before he haue payd his sayde det, and the sayde .xx. pence, for the sayd arreste, vpon payne to forfeyt to the kinge and quenes maiesties, forty shyllynges, and the same gayler to paye vnto the kynge and quenes maiesties, the double value as well of the rate whiche the sayd personne so imprisoned was taxed at, as of the sayde .xx. pence for the fees, and like processe and remedye in like fourme shall be graunted by the sayde commissioners, or as many of them as by the sayd comission shalbe therevnto apoynted at like information of euery person or persons, beynge charged with any summe of money for any other person or persons, by reason of the sayde Subsedye, and not thereof payde, but wilfully withdrawen, ne the same leuiable within the limites where such persons were thervnto taxed, and if the summe or summes beynge behynde vnpayde by any person or personnes, as is aforesayde, be leuied and gathered by force of the sayde proces to be made by the sayde commissioners, or if in defaulte or for lacke of paymente thereof, the person or personnes so owinge the sayde summe or summes of money, by proces of the same commissioners to be made as is aforesayde, be committed to prison in fourme abouesayde, that then the same commissioners whiche shall awarde suche proces, shall make certificate thereof in the sayde eschequer, of that shalbe done in the premisses in the terme nexte folowynge, after suche summe or summes of money so beinge behinde [Page]shalbe leuied and gathered, or suche person or personnes for none paymente of the same committed to pryson. And if it happen anye of the sayde collectours to be assigned, or any mayer, sheriffe, stewarde, constable, the headborough, householder, baylif, or any other officer or minister, or other whatsoeuer person or persons, to disobey the sayd commissioners or any of them, at the reasonable requeste to theim made by the sayde commissioners, for execution of the said commission, or yf any of the offycers or other persons do refuse that to them shall appertayne and belonge to do, by reason of any precepte to him or them to be directed, or anye reasonable commaundement, instaunce, or requeste touchinge the premisses or other defaulte in any appearaunce or collection to make, or if any person being suspect, or not, to be indifferently taxed as is aforesayde, do refuse to be examined accordinge to the tenoure of this acte, before the sayde commissioners, or as many of them as shalbe thervnto assigned as is aforesayde, or wyll not appeare before the same commissioners, vpon warninge to him made, or els make resistaunce or rescues vpon any distres vpon him to be taken, for any percell of the sayde Subsidie, or committe any misbehauour in any maner of wyse contrary to this acte, or committe any wylful omission or other whatsoeuer wylfull, not doynge or misdoinge contrary to the tenour of this acte or graunt, the same commissioners and euerye nomber of them aboue remembred, or two of them at the leaste, vpon probable knowlege of any suche misdemenours had by information or examination, shall and maye set vpon euery suche offender for euery such offence in name of a fyne by the same offender to be forfeyted .xl.s. or vnder, by the discretion of the same commyssioners. And further the same commissioners and euery number of them, or two of them at the least, shall haue auctoritie by this present acte, to punishe euery such offender by imprisonment, there to remaine and be delyuered by theyr discretion, as shal seme to them conuenient, the sayde synes if anye suche be, to be certified by the sayd commissioners that so assessed the same into the kynge and quenes maiesties eschequer, there to be leuied and payd by the collectoures of that partes for the sayde Subsidie retourned into the sayde eschequer, to be therewith charged with the payment of the sayd subsedy, in suche maner, as if the sayde fynes had ben set and taxed vppon the sayd offenders for the sayd Subsidye.
It is also enacted by the sayde aucthoritie of this parliament, that euery of the sayd highe collectours, whiche shal accoumpt for any part of the sayde Subsedye in the sayde Eschequer vpon theyr sayde seuerall accoumptes to be yelded, shalbe allowed at euery of the sayde paymentes of the sayd Subsedye, for euery pounde limitted to his collection, whereof any suche collectour shalbe charged and yelde accoumpte sixe pence, as percell of theyr charge, that is to saye, of euerye pounde [Page xxxviii]therof for such persons as then haue had the perticuler collection in the townes and other places as is aforesaid, specified in his collection two pence and other two pence of euery pounde thereof, euery of the sayde cheife collectours theyr accoumptauntes to reteyne to theyr owne vse for theyr labour and charge, in and about the premisses, and two pence of euery pound residue to be deliuered, allowed, and payde by the sayd collectoures so beynge thereof allowed, to suche of the commissioners as shall take vpon them the busines and labour, for and aboute the premisses, that is to saye, euerye collectoure to paye that commissioner or comissioners whiche had the orderynge of the wrytinges, of, and for the sayd Subsedy, where the sayd collectour or collectours had their collection, for expences of the sayde commissioner so taken vpon them the sayd busines and laboure of theyr clerkes, writinge the sayd preceptes and estreates for the sayd collections, the same last two pence of euerye pound to be deuided amongest the sayde commissioners, hauynge regarde to theyr labour and busynes, taken by them or theyr sayd clerkes in and about the premisses, for the whiche part so to the commissioners atteyninge, the sayd commissioners, syxe, fiue, foure, thre, or as manye of them as shall be thervnto appointed by the kynge and Quenes maiesties commission, and euery of them ioyntly and seuerally for his and theyr sayd part, may haue his remedy agaynst the sayde collectoure or collectours, which therofben and might haue ben allowed by action of debte, in the whiche the defendaunte shall not wage his lawe, neither protection, neither iniunction, or other essoigne shall be allowed. And that no person nowe beyng of the number of the companye of this present parliament, nor any commissioner, shalbe named or assigned to be any collectour or subcollectour, or presentour of the sayde subsedie, or of any parte therof, nor no comissioners shall be compelled to make anye presentment or certificate, other then in the kinge and quenes maiesties said escheker, of, for, or concerning the sayd subsedy or any part therof, and likewise that none other person that shall be named or assigned to be commissioners in any place, to and for thexecution of this act of subsedy, be or shalbe assigned or named head collectours of any of the paymentes of the sayd subsedy, neither of any parte thereof. And that euery such person or persons which shalbe named and apointed as is aforesaid to be hed collectors of ye said subsedy, or for any part therof, & euery of thē be & shalbe acquited & discharged of al maner fees rewards, & of euery other charges in the king and Quenes Maiesties Eschequer, or els where, of them or any of them by reason of that collection, paymēts or accoumptes, or anye thynge concerninge the same, to be asked, and that yfanye personne receaue and take anye fees, rewardes, or pleasures of anye suche accoumptante, that then he shall forfeit to the kyng and Quenes maiestie, for euery peny or value of penye so taken, twentye [Page]pence, and suffer imprisonment at the king and quenes Maiesties pleasure, and after the taxinge and seasynge of the sayde Subsedye, as is aforesayde, had and made, and the sayd estreates thereof in parchement vnto the collectours in maner and fourme before rehearsed deliuered, the sayde commissioners whiche shall take vpon them thexecution of this acte, within the limittes of theyr commission, by theyr agrementes, shall haue metynge together, at whiche metynge euerye of the sayde commissioners whiche then shall haue taken vpon them thexecution of anye parte of the sayde commission, shall by him selfe, or by his sufficient deputye, truelye certifie and brynge forth vnto the sayde commissioners named in the sayde commission, the certificate and presentmente made before hym, and suche other Commissioners as were limitted with him in one limit, so that the same certificate maye be accompted and cast with the other certificates of the other limittes with in the same commission, and then the sayde commissioners and euerye number of them vnto two at the leaste, as is aforesayde, yf anye be in lyfe, or theyr executours or administratours of theyr goodes, yf they be then dede, shall ioyntlye and seuerallye, as they were deuided within theyr limits, vnder their seales by theyr discretion, make one or seueral wrytynges, indented, conteyninge in it as well the names of the sayde collectours by the commissioners, for such collection and accoumpte in the eschequer, and paymente in the sayde receypte, deputed and assygned, as the grosse and seuerall Summes wrytten vnto euerye suche collectoure to receaue the sayde Subsidye. And also all fynes, amerciamentes, and other forfeytures, if any suche by reason of this acte happen to be within the precincte and limitte of theyr commission, to be certified vnto the kynge and quenes maiesties sayde eschequer, by the sayde commissioners, in whiche writinge or writinges indented so to be certified, shalbe playnely declared and expressed, the hole and entyre Summe or Summes of the sayde Subsedye, seuerallye lymitted to the collection of the sayde collectoure, seuerallye deputed and assygned to the collection of the saide Summes, so that none of the sayde collectours so certified in the sayde Eschequer, shall be compelled there to accompte, or to be charged, but onely to and for the summe limytted to his collection, and not to or for anye summe limitted to the collection of his felowe, but that euery of them shall be seuerallye charged for theyr parte limitted to theyr collection.
And if the sayd commissioners ioyned in one commission amongest them selfes in that matter cannot agre, or yf anye of them be not redye or refuse to make certificate with other of the same Commissioners, That then the same commissioners maye make seuerall indentures in fourme aforesayde, of theyr seuerall limittes, or seperations of Collectours, within the limittes of theyr commission, vppon and in the hundredes, [Page xxxix]wardes, wapentakes, Lathes, Rapes, or such other like diuisions within theyrsayde seuerall lymyttes of their commyssyon, as the places there shall requyre, to be seuered and deuyded, & as to the same commyssioners shal seme good to make diuisions of their limits or Collectyons for the seuerall charges of the same Collectoures. So that alwaye one Collectoure shalbe charged and accoumpte for hys parte to hym to be limitted onely by hym selfe and not for anye Summe lymytted to the parte of any of hys felowes, and the charges of euerye of the collectoures to be set and certifyed seuerally vpon them, and euery such Collectoure, vpon hys accompte and paymente of the Somme of monye lymitted within hys collection to be seuerallye by hym selfe, acquyted and dyscharged in the sayde eschequer, without payinge anye maner fees, or rewardes, to anye personne or personnes for the same, vpon the payne and penaltye last abouesayd, and not be charged for anye portion of any other collectoure. And yf anye Commyssyoner after he hath taken certificate of them, that, as is aforesayde, shall before anye such commissioner be exammed, and the Summes rated and sette and the bokes and wrytynges thereof beynge in hys handes, or yf anye collectoure, or other person charged with any receipte of anye parte of the said subsedy, or any other person taxed, or otherwise by this act charged with and for anye percell of the sayde Subsedye, or with anye other Summes, or fynes, amerciamentes, penalty, or other forfeyture, happen to dye before the Commissioner Collectoure or other whatsoeuer person or personnes haue executed accomplyshed, satified, or sufficient lye discharged, that whych to euery such personne shall appertayne or belonge to doo accordynge to thys acte, then thexecutours and heires of euery such person, and al other seased of anye landes, or tenementes, that anye such person beyng charged by thys act and deceassing before he be dyscharged thereof, or anye other to hys vse, onelye had of estate of inheritaunce, at the tyme that anye suche personne was named commissioner, collectoure, or otherwise charged with and for anye maner of thinge to be done, satisfyed, or payde by reasonne of thys acte, and all those that haue in theyr possessions or handes, anye goodes, or cattells that were to anye suche personne at the tyme of hys death, or any landes, or tenementes, that were the same personnes at the tyme he was as is aforesayd, charged by this act, shalbe by the same, compelled, and charged to do and accomplyshe in euery case as the same person soo beynge charged should haue done and myght haue bene compelled to do yf he had bene in playne lyfe, after such rate of the landes, and goodes of the sayde commissioner or collectoure as the partye shal haue in hys handes. And yf the sayde Commyssyoners for causes reasonable them mouynge shall thynke it not conuenyent to ioyne in one certyfycate as is beforesayde, then the sayde personne or personnes that shal first iome [Page]together, or he that shal fyrste certifye the sayde writynge indentyd (as is aforesayde) shall certyfye all the names of the commissioners of that commission, whervpon such wrytinges shalbe there then to be certyfyed, with the diuision of the hundreds, wapentakes, wardes, tithings or other places, to and amonge such commyssyoners of the same commission where suche seperations and diuysyon shalbe, with the grosse Sommes of monye aswell of and for the sayde Subsedye, taxed or set of or within the sayde hundredes, wardes, wapentakes, or other places, to hym or them deuyded or assygned, that shall soo certyfy the said fyrste wrytynge, as of fynes, amerciamentes, penaltyes, or other forfeytures, (yf anye happen to be) within the same lymyttes, wherof the same wrytynges shalbe certified, and after suche wrytynges indented whyche as is aforesayde, shalbe certyfyed & not conteyne in it the hole and full Summes set and taxed within the lymyttes of the same commyssyon, thother commissioners of the same before the day of paiment of the sayde Subsedye, shall certifye into the sayde exchequer, by theyr wrytynge or wrytinge, indented to be made as is aforesayd, the grosse and seuerall Summes set and taxed within the places, to them lymitted, for the sayde Subsedye, and other fynes, amercyamentes, penaltyes, and forfeytures, with the names of the hundredes, wardes, wapentakes, and other places, to them assigned, or ells by theyr sayd wriringes indented to certyfye at the sayd place before the sayd day of paimente, suche reasonable causes, for their excuses, whye they maye not make suche certifycate of and for the sayde Subsedye, whyche synes amercyamentes, and other forfeytures growinge or sette by reason of the causes of their lettes or of their none certyfying as is abouesayd, or ells in defaulte thereof proces to be made oute of the kyng and quenes maiesties sayde Escheker, agaynste the sayd commyssyoners, and euerye of them not making certificate, as is aforesayde, by the dyscresyon of the Tresurer or Barons of the sayde eschequer.
PROVIDED alwayes and be it enacted by thaucthoritye aforesayd, that the inhabytauntes of the Paryshe of Saynte Martynne called Stamforde Baron, in the Suburbes of the burroughe and towne of Stampforde, in the Southe parte of the water there called Welland, whych hereafter shalbe contributorye to the paymente of thys present Subsedye, graunted to the quenes maiestie, her heires and successors, shalbe assessed, rated, and taxed for thys tyme by such commyssyoners, whych shalbe appoynted for the taxynge, ratyng, and sessynge of such Subsedye or taxe within the countye of Lyncolne, and shal be for this tyme contrybutorye, and paye the sayde Subsedye, to the collectoure or collectoures, whyche shalbe assygned and appoynted for the leuying and gatherynge of the same, with the aldermen and burges of the said boroughe and towne of Stampford.
Prouyded alwayes and be it enacted by the aucthoritie aforesaid that all and euery person and personnes, hauynge manoures, landes, tenementes, and other hereditamentes, chargeable to the payment of the Subsedye, graunted to the Quenes Maiestie, by this acte, and also hauynge spirituall possessions chargeable to her sayde Maiestie, by the graunte made by the cleargy of thys Realme, in this their conuocation, and ouer thys hauyng substaunce in goodes, and cattels, chargeable by thys sayd acte, that then yf any of the sayd person or persons be hereafter charged assessed and taxed for the sayde manoures, lands, and tenementes, and spirituall possessions, and also assessed, charged & taxed for his or their goodes, or cattells, that then he or they shalbe onlye charged by vertue of thys acte, for his and their sayde manoures, landes, tenementes, hereditamentes, or spirituall possessions, or onely for hys sayde goodes, and cattels, the beste thereof to be taken for the quenes Maiestie and not to be charged for both, or double charged for anye of them, anye thyng in thys acte conteined to the contrary in any wyse notwithstandyng.
Prouyded alwayes that thys graunt of Subsedy, nor anye thynge therein conteyned, in any wise extende to charge the inhabitauntes, or dwellers within Ireland, Iernesey, and Garnesey, or anye of them, of or concernynge any manours, landes, tenementes, or other possessions goodes, cattels, or other moueable substaunce, whyche the sayd inhabytauntes or dwellers or any other to their vse haue within Ireland, Iernesey, and Garneseye, or in anye of them, or of for or concernynge anye fees, or wages, whych anye of the sayde inhabytauntes, or dwellers haue of the kynge and quenes Maiesties, for there attendaunce, and doynge seruyce to oure sayd soueraygne. Lord and Ladye, in Irelande, Iernesey and Garneseye, or in anye of them, anye of them, anye thynge in this presente acte, to the contrary in any wise notwithstandyng.
Prouyded also that thys present acte of Subsedy, ne anye thynge therein conteyned, extende to anye of the Englyshe inhabytauntes, or resiauntes, in any of the countyes of Northumberlande, Cumberland Westmerlande, the towne of Barwycke the towne of Newecastell vpon Tyne, and the Byshopricke of Durham, nor to anye of them, of for or concerninge any manoures, landes, tenementes, or other possessions, goodes, cattells, or other moueable substaunce, whyche the same Inhabytauntes or dwellers, or any other to their vse haue within the sayde counties of Northumberlande, Cumberlande, Westmerlande, or the towne of Barwicke, the towne of Newecastell vpon Tyne, or the Byshoprycke of Durham, or anye of them, or of for and concerning any fees, or wages, whiche anye of the sayde. Inhabytauntes, or dwellers haue of the kynge and Queenes Maiestyes, for their attendaunce and doinge seruyce to the kynge and Quenes maiestyes, for or [Page]within the sayde counties of Northumberlande, Cumberlande, Westmerlande, the towne of Barwycke, the Towne of Newecastell vpon tyne, and the Byshopprycke of Durham, or anye of them, to or for the sayde taxynge, leuying gatherynge or paymente, but that the English inhabytauntes, and resiauntes, and euerye of them, of the said coūties Byshopricke, and townes, and euerye of them, shalbe of and from the sayde Subsedye, and euerye percell thereof, and for their manoures, landes, tenementes, fees, wages, goodes, and cattells, lyinge and beynge in the sayde counties, townes, and Byshoprycke, or anye of them vtterlye acquited and discharged. Any thing in thys presente acte before rehearsed to the contrary notwithstandyng.
PROVIDED also that all letters patentes, graunted by the king or queenes maiestie or anye of her most noble progenitoures, to anye Cyties, Burroughes, or townes, within thys realme, of anye maner lybertyes, pryuileges or exemptions from the burden and charge of any suche graunt of Subsedyes, whych be at thys present time in force and vayleable, shal remayne good and effectuall, to the sayde Cytyes, Burroughes, and townes, hereafter, accordynge to the purportes thereof, thoughe the inhabytauntes of the same, shall vpon the gret and weigh tye consyderation of the graunt aforesayd, be for thys graunt charged and contributory, in like maner, fourme and sorte as other Cityes, burroughes, and townes whych be not in anye wyse pryuileged, be from such graunt of Subsedy excepted.
PROVIDED alwayes and be it enacted by the aucthoritie aforesaid, that no Orphant or Infant within the age of .xxi. yeare, borne within anye of the quenes maiesties dominions, shalbe charged to anye paymente of thys Subsedye, for hys or her goodes and cattelles, to him or her lefte or bequethed. Anye thyng in thys acte conteined to the contrarye notwithstandyng.
PROVIDED also that thys acte nor any thing therein conteined, shal extende to the goodes, or landes of anye college, Hall, or Ostell, within the vniuersities of Oxenforde, and Cambrydge, or any of them, or to the goodes or landes of the colledge of Wynton founded by Byshope Wyckeham, or to the goodes or landes of the college of Eton, nexte Wyndesore, or to the goodes, or Landes, of anye free gramer scoole, within the realme of Englande or Wales, or to the goodes of anye reder, Scolemayster, or scoller, within the sayde vniuersities and colledges, or anye of them, there remaynynge for studye, withoute fraude or couyne, or to the goodes and landes of any Hospytall, measondewe or Spitelhouse prepared and vsed for the sustentation and releyfe of pore people. Anye thyng in thys acte conteyned to the contrary in any wise notwithstandyng.
Prouyded also, and be it enacted by the aucthoritie aforesayde, that [Page xli]forasmuche as diuers and sundrye the kynges and Quenes Maiesties tenauntes and other inhabitauntes and dwellers within the counties of Penbroke, Carmarthen, Cardigan, Glamorgan, Breckenocke, Radnour, Mongomery, Denbigh, Flynt, Merioneth, Anglesey, Carnaruan, and of the countye palantine of Chester, be at this presente tyme charged and chargeable with the seuerall paymentes of diuers great summes of monye by the name of Myse, due to their maiestyes, accordinge to the seuerall customes of the sayde counties, for the payment whereof diuers and sundrye the gentlemen and other the inhabitauntes, be, and stand bounden to theyr highnes. And that also ther do remayne yet vnpayde in diuerse of the sayde dominions and countie palantyne, the Subsedye graunted to the kynge and Quenes maiesties.
Be it therefore ordeyned and enacted by thaucthoritie aforesayde, that this acte of Subsedye, or any thynge therein conteyned, shall not extende to charge any of the kynge and Quenes tenauntes and other inhabitauntes and dwellers within any of the sayde counties of Penbroke, Carmarthen, Cardigan, Glamorgan, Brecknocke, Radnoure, Mongomery, Denbigh, Flint, Merioneth, Anglesey, Carnaruan, and the countie palantine of Chester, beynge charged or chargeable wyth the sayde Myse, for, or in any of the paymentes of the sayde Subsidye, graunted to the kynge and Quenes Maiesties by this acte, vntyll the seuerall dayes and tymes appointed and agreed for the paiment of the sayde Myse, shall be expired. And likewyse the dayes and tymes of the sayde Subsidye latelye graunted to oure sayde Soueraygne Lorde and Ladye be past and expyred. And that then the paiment of the sayd Subsidye graunted by this present acte, shall be made at the receipte of the kynges and queenes Eschequer, before the fyrst daye of Marche nexte folowinge, after the dayes appointed for the latter paymente to be made of the sayde myses, and also of the payment of the sayd former Subsidye.
Furthermore be it enacted by thauctoritie aforesayd, that ye tenants and dwellers of euerye the sayde counties in this prouiso remembred, shall seuerally before the feast of Penthecost nexte ensuinge, certifye in the sayd court of Eschequer, vnder the seales of two Iustices of peace of euerye the sayde counties, whereof one to be of the Quorum, when and what daye the laste payment of the sayde seuerall mises, nowe due in any of the sayde counties shall ende and expyre.
Prouided also, that the sayde graunte of Subsidie, or anye other thinge therein conteyned, doo not in anye wyse extende to be preiudiciall or hurtefull to the inhabitauntes or resiauntes at thys presente tyme, within the fyue portes, or to anye of theyr members, incorporate or vnited to the same fyue portes, or to anye of the same fyue portes, of, [Page]or for any parte or percell of the sayde Sommes graunted in this parliament, of the sayd inhabitauntes nowe resiaunt, or any of them, to be taxed, set, asked, leuied, or payde, but the sayde inhabitauntes and resiauntes in the sayde fyue portes, and theyr members, be and shall be, of, and from the sayde graunte and paymente of the sayde subsedy during their resiauncy there, and no lenger, clearlye acquited and discharged, any matter or whatsoeuer thinge in this presente acte had or made to the contrary notwithstandinge.
God saue the Kynge and the Quene.
❧ Excusum Londini IN AEDIBVS IOHANNIS CAVVODI. Tipographi Regiae Maiestatis.
Cum priuilegio ad imprimendum solum.