¶ An acte for the reedifyinge of Castelles and fortes, and for the enclosynge of groundes, vpon the borders towardes Scotland.
¶ The fyrst Chapiter.

FOR the better habytatyon, restorynge, and reedyfyinge of the Castelles, fortresses and fortelettes, vyllages, and houses that be decayed within the Counties of Northumber land, Cumberlande, Westmereland, and the Bishoprike of Durham. And for the better manuring, and imploy­inge the groundes wythin the same, and for the more encrece of of tillage.

Be it enacted by the Kynge and Quenes maiestyes, the Lordes spiri­tuall and temporall and the commons of this present parliament as­sembled, and by aucthoritie of the same, that from and after the fyrste daye of December next ensuing, commission vnder the great Seale of England, shalbe directed from tyme to tyme, as nede shal requyre to suche persones as shalbe there vnto named and appoynted by the kynge and Quenes Maiesties, and theyres and Successours of the quene, by theyr bill or bylles signed with theyr signe manuel to be di­rected to the Chaunceloure of Englande for the tyme being, whych commyssions shalbe accordynge to the maner, forme, tenoure and ef­fect hereafter ensuing. Philyp and Mary. &c. Know ye that we haue assigned you or anye number of you beynge Syxe at the leaste of the which we wyll that .A. B. & C. shalbe thre to be our Cōmissioners, to surueye oure Countyes of Northumberland Cumberland Westmerland and the Bysshypryke of Durham or asmuch therof as to you or syxe of you wherof .A. B. & C. shalbe thre shalbe thought conuenyent and by such waies and meanes as you best can to enquyre what and how many castels, fortresses, and forttelletes, vyllages, howses, and habitations haue ben decaied within the same, and bi whom and by what occasions and how many of them are mete to be reedified, and also how many castelles, fortresses, and fortelettes, villages, howses and habitations were mete to be made of new within the said Counties and Bishopryke, and in what places the same were most mete to be scituate, and what partes of the sayde Countyes and Byshopryke be most apte for to be enclosed and conuerted to Tyllage or other ne­cessarye [Page]manuraunce mete and conuenient for those countryes, and the people of the same, and also to enquire what persones be owners Lordes, Propryetaryes, Fermoures, and possessoures of the same or clayme any interest in the same, and what estate or estates, termes or interestes, they, or any of them haue of and in the same. And therevp­on to take such order for the reedifiyng of such y ^e Castelles, Fortresses and Fortelettes, Villages, houses, and habitations heretofore decayed, and for the newe erectyng and makyng of others, and the scitua­tions of the same and for the enclosyng and conuertynge to tillage or other necessary manuraunce, suche partes and portions of the sayde countyes and Byshopryke as to you, or syxe of you wherof .A. B. & C. shalbe thre, shalbe thought most mete and conuenient.

Prouyded alwayes that by colour or vertue of this commission you dooe not reedifye, newe make, or inclose, or cause to be reedifyed newe made and enclosed, as aboue sayd in any place or places, in any of the sayde countyes or Byshopryckes beynge in distaunce and ly­ynge aboue twenty myles from the knowen partes of the borders of Scotland. And we do geue vnto you, or vnto any number of you beynge syxe at the least wherof .A. B. and C. shalbe thre, ful power and aucthoritie, to enquyre by the othes of the honest and laweful men of the countyes of Northumberlande, Cumberlande, Westmerelande, and the countye palentine of Durham afore said, aswel within the li­bertyes as without, by whom the truthe maye be best knowen, who hath or holdeth any Landes, or tenementes, or vseth or perceyuethe any common of pasture, or other proffyt aprender in the sayd coūties or bishopryke throughout the hole partes of the same, & all those per­sonnes and euery of them, or such of them, to taxe, assease, charge, dy­strain, and paine after the quantitie of their landes, tenementes and rentes, by the number of acres and perches after the rate of euerye personnes profytte, rente or tenure or after the quantitie of theyr common of pasture or proffit, aprender or other cōmodities ther, by suche wayes and meanes, and in such maner and fourme, as to you, or syxe of you whereof A. B. C. to be three shall seme mooste conuenyente to be ordayned and done for the reedefyinge, makyng newe, and enclosyng as is aforsayde. And also to depute and assygne diligente faythful and true kepers, Baylyffes, Surueyours, Collectours, Expendi­tours, and other ministers and offycers, suche as you our sayde com­missioners that shall appoynte them, wyll aunswer for, for the reede­fyinge newe makyng and enclosyng, as is aforesayde, and finyshyng of the premysses and euerye of them. And to heare the accomptes of the Collectours, and other ministers of & for the receipt & laying out of the monye that shalbe leuyed and payd in and aboute the sayd re­edifynge, newe makynge, enclosynge and finyshynge of the premys­ses [Page]and of euery percel therof, and to distrayn for the arrerages of euery such collection, taxe or assessement, as often as shalbe expedient, or otherwyse to punyshe the deptours and deteynours of the same, by fines, amerciamentes, paynes, and other like meanes after your good discretions. And also to arrest, and take as manye cartes, oxen, bea­stes, and other instrumentes necessary, and as many workemen and labourers as for the doing, makyng, and finishinge of the premisses, shal suffice, paying for the same competent wages, salary and stipend And also to take suche and as many trees, woodes, vnderwooddes, quicksettes, stone, and tymber, and other necessaryes, as for the same workes, and reparations shalbe sufficient at a resonable pryce by you or syxe of you, of the whych we wyl that A. B. C. shalbe three, to be as­sessed or limitted aswel within the limittes and boundes aforesayde, as in any other place and places, within the sayd countie, counties or countye palentine. And to make and ordayne statutes, ordinaunces, and prouisions, from tyme to tyme as the case shal require for the safe gard, conseruation, redresse, correction, and reformation of the premisses, and of euery of them after the lawes and customes of Rumneye mershe in the countye of kent, or otherwyse by any wayes or meanes after your owne wisedomes and discretions, and to heare and determyne al and singuler the premisses, aswel at our sewte as at the seute of any other whatsoeuer complaining before you, or sixe of you, wherof .A. B. C. shall be three after the lawes and customes aforesayde, or otherwyse, by any other waies or menes, after your discretions. And also to make and directe wryttes, preceptes, warrauntes, and other cōmaundementes, by vertue of these presentes to al Sheriffes, Bay­lyffes and all other ministers, officers and other persons, aswel with in the libertyes as without before you or syxe of you wherof the sayd A. B. C. to be thre at certayn dayes, termes and places, to be prefixed to be retourned and receued and further to continue y ^e processe of the same. And finally we do geue vnto you or to anye number of you, be­yng syxe at the least wherof A. B. C. shall be thre full power and auc­thoritie to do all and euery thyng and thynges whiche shalbe requy­site for the due execution of the premisses, by al waies and meanes after your discretions. And therfore we cōmaund you that at certaine dayes and places, when and wher you, or sixe of you wherof the sayd A. B. C. to be thre shall thynke expedyent, ye shall mete together and surueye the sayd Countyes and Byshopryke, as is aforesayd, and ac­complyshe, fulfyll, here, and determyne, all and singuler the premisses in due fourme, and to the effect aforesayd after your good discretions And al suche, as ye shall fynde neglygente, gainsaying, or resystynge your doynges and procedinges, in & for the due execution of this out Commyssion, that ye do compell them by dystresse, fynes, or amercia­ments, [Page]or by other resonable punyshmentes, wayes, or menes, which to you, or syxe of you, wherof .A. B. C. shalbe three, shal seme moste ex­pedient for the spedye remedye and redresse thereof.

And all suche thynges as by you shall be made and ordeyned in thys behalfe, aswel wythin the lybertyes as wythout, that ye do cause the same fyrmely to be obserued, doyng therin as to our Iustyces apper­teyneth after the forme and effecte of thys present commyssyon, & the acte of parliament concerning the premisses made and prouided and accordyng to your wisedomes, and discretions, Sauing alwayes to vs such fynes & amerciamentes as to vs therof shal belong. And we also commaund aswel our sheryfe or sheryffes of our sayd countyes of Northumberland, Cumberland, Westmerland, and y ^e byshopryke of Durham and euery of them, as all and euerye other baylyffes mini­sters, & officers within the sayd countyes and county palentine, that they and euery of them shal cause to come before you and syxe of you, of the whyche A. B. C. shall be three, at suche dayes and places, as ye shall appoynt vnto them, suche and as many honest menne, of hys or theyr baliwyke or rowmes, aswell within the libertyes, as wythout by whom the truth maye be best knowen, to enquire of the premisses or any parte therof, commaundyng also al the sayde sheryffes, miny­sters and officers, aswell wythin the liberties as withoute, that they and euery of them shall be attendaunt to you in and aboute the dewe execution of thys our comission. In witnes whereof we haue caused these our letters to be made patentes, Witnes our selfe at the (left blank) daye of (left blank) in the (left blank) yeares of our reygnes.

And it is also enacted, that euery suche person, as shalbe named cō missioner in the sayd commissyon, after that he shal haue knowledge thereof, shall effectually, put hys dilygence, and attendaunce in and aboute the execution, of the sayd commyssion. And he shall take a cor­poral othe before the Lord Chaunceloure or before such to whom the sayd Lorde Chaunceloure, shall directe the Kynges wrytte of Dedimies potestatem, to take the same, or before the Iustices of the Peace, in the quarter Sessions holden in the shere where such Commission shalbe dyrected. The tenoure of whyche othe hereafter ensueth. Ye shall sweare that you to youre connynge, wytte, and power, shall truelye and indifferently execute the aucthoritye to you geuen by thys com­mission, without any fauor affection, corruption, dread, or malyce, to be borne to any maner person or persons, and as the case shal require you shall consent and endeuor your selfe for your parte, to the beste of your knowledge, and power to the makyng of suche holesome, Iuste, equall, and indifferent lawes, and ordinaunces, as shall be made and diuised by the most discrete and indifferent number of your felowes, [Page]being in Commyssion wyth you, for the makyng, erectyon, and preseruation, of all and euery such thinges, as are contayned and specifyed in the sayd Commyssion. And the same Lawes, and Ordinaunces to your conninge, wyt, and power, cause to be put in dewe execution without fauor, mede, dreade, malyce, or affection, as God you helpe, and all Saynctes.

And ouer that be it enacted, that the Commyssioners, hereafter to be named in any of the said commissions, accordyng to the purport and effecte of the same Commissyons, shall haue full power and auc­thoritie, to make constitute and ordayne Lawes, Ordinaunces, and decrees, concernyng the premysses, and further to doo all and euerye thyng, mentioned in the sayd Commyssion, according to the purport effect, wordes, and true meanyng of the same, and the same Lawes, decrees, and ordinaunces, so made to reforme, repell and amend and make newe from time to tyme, as the cases necessary shall requyre.

Prouyded alwaye and be it enacted that yf any personne or per­sones beinge assessed, or taxed, to any Lotte, taxe, or chardge, for any Landes, Tenementes, or Hereditamentes, within the Lymyttes of any Commyssion hereafter to be directed by vertue of thys acte, doo not paye the sayd lotte, taxe, and charge accordyng to the ordinaūce and assignement of the Cōmissioners, hauyng power, of thexecution of the sayde Commyssion by reason wherof it shall happen, the sayde Commyssioners hauyng power of the execution of suche commyssion for lacke of paymente of suche lotte, taxe, and chardge, to decree and ordeyne the same Landes, Tenementes, & hereditamentes from the owner, or owners therof, & theyr heyres, and theyres, executors, and assignes, of euery of them, to any person or persons, for terme of yeres term of lyfe, in fee symple, or fee tayle, for paymentes of the same lotte taxe, and charge, That then euerye suche decre, and ordinaunce, soo by them made, ingrossed in parchemente, and certyfyed vnder theyre Seales, into the Courte of Chauncerye, with the Kynges or y ^e Que­nes, her heyres or Successours, royall assent, hadde to the same, shall bynde all and euery person and persones, that at the makynge of the same decre had any ryght and interest in the same, their heyres, and Successours for euer.

Prouyded alwayes and be it enacted, that no order, or decre to be made by the sayde Commyssioners or anye of them, shall bynde, or conclude, any ryght or Interest of anye person or personnes, nor the breach of anye decre or order, shall be cause of forfeyture, of the ryght or interest, of any person or personnes, excepte the same decre, and or dynaunce, so made by the sayd Commyssioners, and Syxe of them, wherof .A. B. C. shalbe thre, be ingrossed in perchment, and certified vnder theyr Seales in to the Courte of chauncery, and that the roy­all [Page]assent of the kyng and Quene her heires and successours, be fyrste had to the same.

Prouided also and be it enacted that euery decre and ordinaunce so hadde, made certifyed and assented vnto shall bynd all and euerye person & persons, that at the makyng of the same decre had any inte­rest, in the landes, tenementes, or hereditamentes soo decreed, in vse possessiō, reuertion, or remaynder their heires and feoffes, and euery of them. And not to be in anye wyse refourmed onles it be by auctho­ritie of parliament hereafter to be summoned and holdē within thys Realme. Sauyng to all and euery person and personnes bodyes po­lityke and corporate theyr heirs and successours, other then suche as shall forfeytte by thys Estatute their Intereste in the same Landes tenementes, or hereditamentes, in possession reuertion or remainder all suche interest, and titel, as they or any of them shall haue at y ^e tyme of the same forfeytures.

And also it is prouyded by aucthorytye aforesayde that the same Lawes, ordinaunces, and decrees, to be made & ordained by the sayd Commyssioners or syxe of them by aucthorytye of the sayd Commission, shall bynde aswell the Landes, tenementes, and hereditamentes of the Quene our Soueraygne Lady her heyres, and Successoures as al and euery other person and persones, and their heyres for suche their interest as they shal fortune to haue or may haue in any landes tenementes, or hereditamentes, or other casuall proffit, aduauntage, or commoditye whatsoeuer they be whervnto the sayde lawes ordi­naunces, and decrees shall in any wyse extend according to the true purporte, meanyng and intent of the same lawes.

And it is furthermore by thaucthoritye aforesayd established and enacted, that yf any maner person or persons of what estate or degre soeuer he or they be that frō henceforthe doth take vpon hym or them to syt by vertue of anye of the sayde Commyssions, not beynge before sworne, in forme as is aforesayd and accordyng to the tenor of y ^e othe afore specifyed. Or yf any person so named and sworne, do sytte as is aforesayd, dwellyng within the sayd twenty myles, or not hauynge Landes, and Tenementes, or other hereditaments, in fee symple, fee tayle, or for terme of lyfe to the cleare yearly vallewe of fourty poūds aboue all charges, to his owne vse excepte he be learned in the lawes of this realme, that is to saye, admitted in one of the foure pryncy­pall Innes of Court, for an vtter barrester and not dwellyng within the sayd .xx. myles, shall forfeyt fourty poundes for euerye tyme that he shall attempte so to do, the one halfe thereof to be to our soueraign Lorde and Lady, the kynge and the quene her heyres and successors the other halfe therof to thuse of him or them that wylsue therfore by action of debte byl playnte or information in any of the Quenes courtes, [Page]in whiche action or suite no wager of lawe shalbe admytted, nor any essoyne or protectiō shalbe allowed. And if any action of trespas or other suyt shall happen to be attempted agaynst any person or persones, for takyng of any distresse, or any other attēd [...]ing by auctori­tie of the sayd Commission, or by aucthoritie of any lawes or ordinaū ces made by vertue of the sayde commission, the defondaunt or defendauntes in any such action shal and may make auoury, conysaunce, or iustificatiō for the taking of y ^e same distresse, or other act doing tou­ching y ^e premisses or any of them alleging in such auouri, conifaūce or iustification, that the sayde distresse, trespasse, or other acte, whereof the plaintife complayneth was done by aucthoritie of the commyssi­on, for the surueyinge of the countyes of Northumberlande, Cumberland, Westmerland, and the Byshopryke of Durham, made and pro­uyded, or for such acte or cause as the sayd defendaunt dyd by auctho­ritie of the sayd Commission, and according to the tenor purport, and effecte of this present acte, made the seconde and thyrde yeares of the reygue of our soueraygne lorde and Lady kyng Phisyp and Quene Mary, without any expressynge, or rehearsall of any other matter or circumstaunce couteined in this present act, or any commissiō lawes estatutes or ordinaunces thervpon to be made, whervpon the plain­tife, shal be admitted to replye that the dēfendaunt dyd take the sayde dystaesse or do anie other acte or trespasse supposed in his declaration of his awne wronge without any suche cause alleged by the sayd de­fendaunt whervpon the issue in euery such action shalbe ioyned to be tryed by verdite of .xii. men, and none otherwise, as is accustomed in other personall actions, and vpon the triall of that yssue the hole matter to be geuen on both parties in euidence according to y ^e very truth of the same. And after such yssue tryed for the defendaunt or nonsuit of the playntife after apearaunce the same defendaunt to recouer treble dammages by reason of his wrongefull vexation in that behalfe with his costes also in that parte susteyned, and that to be assessed by the same Iurye or wrytte to enquyre of dammages, as the cause shal requyre.

And it is also enacted that euery of the sayde Commissioners shal haue and perceyue foure shyllinges, for euery daye that they shal take payne in thexecution of this Commyssyon, and one Clarke, by them to be assygned two shyllynges for euery daye of the rates, taxes, lot­tes and Summes of moneye that shalbe assessed, or lost by aucthori­tie of the sayde Commission, and to be leuied, and payde by theyr dys­cretions. And that the sayd commissioners, or sixe of them shall haue power and aucthoritie to lymite, and assygne such reasonable sūmes of money to the sayde Clarke, for wryting of bokes, and processe con­cernyng the premisses, and to the Collectours, expenditors, and such [Page]other as shall take payne in the dewe execution of the sayd commissi­on, the same to be leuyed by distresse or otherwyse oute of the landes, so surueyed as by the dyscretions of the sayd commissioners, or Sixe of them, whereof A. B. C. to be three, shall be thought reasonable.

Prouyded alwaye that whensoeuer and as often as such com­myssyon, as is afore limited, shall be made and dyrected, to anye per­son or persons for the information and amendement of orin [...]aye of the premysses, specifyed in the sayd commyssion within the fees liber­ties or possession of the Duchy of Lancaster, that then such Commissi­oners, as shal execute any suche commyssion, shalbe alwayes named and appointed as is aboue said. And that in euery suche case, two cō myssions shalbe awarded and made accordynge to the tenour of the Commyssion aboue expressed, one thereof vnder the greate Seale of Englande and the other vnder the Seale of the same Duchie as be­fore tyme hath bene accustomed. Anye thyng afore rehearsed in thys present acte, to the contrary therof not wythstandyng.

And it is further enacted, that the said commyssion from time to tyme, as the case shall requyre shalbe had and obtayned without any monye or other charge, to be payde for the Seales or wryting of the same.

And it is further enacted, that euery Commyssion to be made by aucthoritie of this acte shal endure and continue for the tearine of se­uon yeares next after the test of the commyssion. Neuerthelesse after any Commyssion made and deliuered out of the Courte of Chaunce­rye, the kyng and Quenes hyghnesses and theyres and successoures of the Queene, shall alwayes at theyr pleasures by wryte of supersedeas out of the sayde Courte of Chauncerye, at anye tyme dyschardge as­well euery such commyssion as euery commissioner that shalbe made or named, by aucthoritye of thys acte, after which discharge the sayd Commissioners, so discharged, shall haue no power nor aucthoritye, to procede in thexecution of their commission, nor in any thing by auctoritie of thys act.

Prouyded alwayes that whensoeuer and as often as suche commyssion as is afore limited, shalbe made and directed to any per­son or persons, for the reformation & amendement, of or in anye of the premisses, specified in the said Commission, within the fees, liberties, and possessions of the Byshopryke of Durham, or wythin the fees, li­berties and possessions of any other place, where ther is libertie, and iurisdiction of Countye Palentine that in euery suche case two com­missions shalbe awarded, and made accordyng to the tenor of the cō myssion aboue expressed, one thereof vnder the greate Seale of Englande, and the other vnder the Seale of the Countye Palentyne in maner and fourme as is aboue prouyded, for the Duchye of Lan­caster, [Page]any thyng afore rehearsed in this present acte to the contrarye notwithstandynge.

And neuerthelesse be it enacted, that yf the offycers of the sayde Duchye, or of the sayd Byshopryche, or countye palentine, do not de­lyuer the commission by them or one of them to be made within syxe dayes after the request shall be made for the same, that then the com­mission vnder the great seale onely shall procede in the sayde county palentyne, without any other commyssion.

And it is prouyded and also enacted, that the royal assent limitted to be had vnto the lawes and ordinaunces to be made by the sayd cō ­myssioners, as is addnesayde, shalbe certified into the sayde courte of Chauncery vnder the pryuie seale, and that there shal not any summe of money be payde for the same pryuie seale.

Prouyded alwayes, that the Chauncellours and suche other as shall haue the custodye of the seales of the sayde Byshopriche of Dur­ham, or within the fees, liberties, and possessions of anye other place, where there is lybertye and iurisdiction, of the county palentine vpō reasonable request, and vpon the syghte of the commission, vnder the great Seale of Englande, shall without delaye, make oute an other commission vnder the seale of the sayde countie palentyne according to the tenor of the commission to them shewed, vnder the great seale, and to those commyssyoners named in the same commission and to none other, nor in other mauer.

And be it further enacted and establysshed by thauctorytie afore­sayd, that al charges and summes of money hereafter to be rated and taxed by vertue of such commission vpō any of the landes tenemētes or hereditamentes of our soueraygne Ladye the quene, her heyres or successours, for anye maner of thinge or thinges concernynge the ar­ticles of this commission, shalbe gathered and leuyed by distresse, or otherwyse in lyke maner and fourme, as shall or may be done in y ^e landes, tenēmētes, and hereditamentes, of any other person or persons, and that all bylles of acquitaunce, signed with the hand or handes of such Collector or receiuour, as shall haue the collection thereof by the appoyntment of the sayd Commissioners, or syxe of thē, shalbe aswell a sufficient discharge, to the tenauntes, fermors, and occupiers of the same groundes so to be charged for the sayde summe wherwith theyr groundes shalbe so charged, as also a sufficient warrant to al & euery y ^e receuers, auditers, & other whatsoeuer officer or officers, of our said soueraygne lorde & lady the king & quene, her heires & successours for the alowaunce to such tenant, fermor, or occupier of the same. ¶ Pro­uided also & be it enacted, y ^t the said cōmissioners shal not let nor set a­ny part or percel of y ^e premisses, nor shal not medle w ^t the rating, rēting or valuing of any part or percel of y ^e premisses, but y ^e same shal remain & be at the dispositiō of the lords & owners of the same, as thei wer be [...] [Page]the makyng of this acte, except it be for the causes of forfeiture aboue specified, any thing hertofore mēcioned to the cōtrary notw ^estanding

Prouyded alwayes, and be it enacted by thauctoritie aforesayde, that all issues and forfeyture, fynes, and amerciamentes, which shall ryse, happen, and grow, by any occasion whatsoeuer by vertue or co­lour of thys acte or any commission to be made by aucthoritie of the same, aswel within the liberties and counties palentyne as without whither they shall seme to be due to the kyng and quenes maiesties, her heyres and successors or to any other person or persons, or bodies polityke or corporate, shalbe leuied, imployed and conuerted, in and aboute the charges and expences concerninge the execution of thys act, in such sort, maner, and forme, as by the sayd cōmissioners or sixe of them, whereof thre to be of the Quorum, shalbe ordered, adiudged, or decreed. Any thing in this acte, or in any commission aforesayd to the contrary notwithstandynge.

Prouyded alwayes that this estatute shall onely continue for ten yeres nexte after the ende of the session of this parliament. And fur­ther to the ende of the next parliament then next folowynge.

☞ An acte for the reedefying of decayed houses of husbandrye and for the increase of tyllage.
☞ The seconde Chapter.

WHere as by an estatute made in the fourth yere of the reygne of kyng Heury the seuenth, it was ordeyned, enacted, and establyshed, that no person of what estate, degre, or conditiō that he were, that then had any house, or houses, that within anye tyme within three yeres then passed, had bene or that then were or after shoulde be letten to ferme with twenty acres of land at least or more lying in tyllage and husbandrye, that the owner or owners of euerye such house or houses and lande, shoulde be bounde to kepe, susteyne, and maynteyne houses and buyldynges vpon the sayd ground, and lande, conuenient and necessary for the mainteinyng and vpholding of the sayd tyllage and husbandrye. And yf anye suche owner or ow­ners of anye suche house or houses, and lande, dyd take, kepe, and oc­cupy any such house, or houses, and lande, in hys or theyr owne han­des, that the sayd owner or owners by the same aucthorytie, shoulde be bound in lykewyse to kepe and mayntayne houses and buyldings vpon the sayd groundes and land conuenient and necessarye for the mayntaynyng and vpholdinge of the sayde tyllage and husbandrye. And yf any man dyd contrary to the premisses or anye of them, that [Page]then it shoulde be lawfull to the kynge (yf any suche landes or hou­ses were holden of him immediatly) or to the lordes of the fees, yf any such landes were holden of them, immediatly to receiue yerely halfe the value of thissues and profyttes of any suche landes, whereof the house or houses, were not so maynteined or sustayned, and the same halfendele of thissues and profyttes to haue hold and kepe, to his or their owne vse, without any thynge therfore to be payed or gyuen to such tyme as the same house or houses shoulde be sufficiently buylded or repayred agayne. And that no maner of fre holde should be in the kynge ne in anye suche lord or lordes by the takyng of any suche pro­fyttes of or in any suche landes in no maner of fourme but onelye the kynge and the sayde lorde or lordes, shoulde haue power to take re­ceyue and haue the sayde issues and profyttes as is abouesayde, and therfore the king or the said lord or lordes to haue power to distreine for the same issues and profyttes to be had and perceyued by them in fourme aforesayde by the aucthoritie of the sayde act. As by the sayde act more at large it doth and may appeare.

For as muche as the sayde act is good and profitable to the com­mon wealth, it is therfore ordeyned that the sayd act & euery branch therin shalbe from henceforth put in due execution, and remayn and continue in force for euermore.

And where as the prouision in the sayd act doeth onelye extende to house or houses, hauynge twenty acres of land at least, or more ly­inge in tyllage and husbandrye, vpon the interpretation of whyche wordes some doubt hath rysen. Be it enacted by thauctorytie of this present Parliament, that the sayde estatute and the penalty and pur ueyance of the same, shal from henceforth extende to houses to be de­cayed that haue or hereafter shall haue twentye acres of grounde or more to them lying or belongyng, whether the same or any part therof be, hath ben, or shalbe vsed or put in tyllage or not, the sayd twenty acres to be accompted and measured, after the quantitye, rate, and measure of the Statute or ordynaunce, called the Statute treatyse or ordynaunce de terris mesurandis, and not otherwyse, anye vsage or cu­stome or other thinge whatsoeuer to the contrary thereof not with­standynge.

And for a further prouision for reedefying of houses decayed and restorynge of pasture grounde to tyllage and for encrease of corne. Be it ordeyned and enacted by thaucthoritie of this presente parlia­ment that the kyng and Quenes highnes and theyres & successours of the Queenes Maiestye, shall and maye at all tymes hereafter as often as to them shall seeme needefull, and conuenyente; awarde [Page]theyr hyghnes Commyssion or Commyssyons vnder the greate Seale of England to be dyrected to suche personnes as to them shal seme mete, hable and conueniēt, wherof thre at the least shalbe of the Quorum, aucthorisyng them therby, or four of thē at the leaste, whereof two to be of the Quorum, to execute and see executed thys present acte accordynge to the true entent, effecte, and meanynge of the same, the whych commissioners or foure of them at the least, wherof two to be of the Quorum, by vertue of the sayde Commyssion, and of thys present act, shall haue ful power and aucthority to enquyre, hear, and deter­myne by the othes of twelue men, or by information or other lawful wayes and meanes, vsed in other cases, in any of the kyng & quenes hyghnes ordenary courtes of recorde, all and singuler defaultes and offences, committed or done, since y ^e feast of Saint George, the mar­tyr, in the .xx. yeare of the raygne of the late king of famous memory kyng Henry the eight, or hereafter to be committed or done, aswel cō trary to the tenor and effecte of the sayde former acte, as contrarye to one other act made in the parlyament holden in the seuenth yeare of the raygne of the sayd late kyng Henry the eyght, intituled, an act to auoyde lettyng downe of townes. And also to enquyre, here, order, & determine by the said wayes and meanes, all groundes whatsoeuer conuerted, from tyllage to pasture, synce the sayd feast of S. George the martyr, in the sayde twenty yeare of the sayd raygne of the sayde kyng Henry the eyghte, or hereafter to be conuerted from tyllage to pasture, and also of all grounde in or nere any corne field newly vsed or imployed sythence the sayd feast, or hereafter newly to be vsed im­ployed or conuerted to the kepynge of Connyes, not beynge lawfull warren, and whereby any corne of any person or persons, other then the owner of the same Connyes, sythence the sayde feast, hath ben or hereafter shalbe decayed, distroyed or consumed, and the said cōmissioners, or foure of them, wherof two to be of the Quorum, shal and may take order and direction, for the reformation of such offences, decays and defaultes in maner and fourme folowyng, that is to saye, they or foure of them at the least, wherof two to be of the Quorum shal & maye bynde by recognysaunce, in good summes of mony, to be knowleged to the vse and behoofe of our Soueraygne lorde the kynge and oure Soueraygne. Ladye the Queene, her Heyres and Successours, whiche recognysaunce by thys Acte, they shall be enhabled to take the personne or personnes, fyrste offendynge and gyltye, in any of the foresayde decayes or defaultes, and then beyng or continuynge ow­ner in Fee Symple, Fee Tayle, for terme of lyfe, for terme of yeares, or by Coppye of Courte Rolle, in possession, or in reuersion, or [Page]remaynder after any estate or estates, for terme of yeres or for terme of lyfe of such decayed house or houses, and grounde therevnto lyinge or of ten acres percell thereof, or of such grounde conuerted from tyl­lage to pasture, or of such ground which is or shalbe vsed or imployed to the kepyng of connyes as is aforesayd, or any of thē in such summes of money as to such commissioners shal seme reasonable for the reedi­fying of such decayed houses, and for the conuertyng of such groūd so conuerted from tyllage to pasture into tyllage agayne, and for the di­minishing and destroying of connies, within such conueniente tyme and in such maner & fourme, as to the same commyssyoners or foure of them whereof two to be of the Quorum, shal seme mete and conueni­ent and by theyr discretions shalbe set lymitted and appoynted. And yf the offender or offenders do dwell in any other Shyre, or can not be gotten to be bounden by recognisaunce before the sayd Commissioners as is aforesayde. That then the say Commissioners or foure of them wherof two to be of the Quorum, shal take such other order for the reedifying of the houses and conuertyng the groundes to tillage and destroying of connyes, according to this estatute as shalbe thoughte mete by theyr discretions, and shal cause the same their order to be en­tred of recorde within one moneth after their sayd order made, & shal within the same moneth delyuer or cause to be delyuered, the copye of theyr sayd order, sygned and sealed by them or foure of them to the te­naunt fermor or seruaunt, kepyng resydyng or inhabiting the groūde or place for the whyche the order shalbe made, to the intente the same maye be deliuered ouer or declared to the sayde owner or owners, that shall or oughte to be charged, by or with the same. And yf the place, in whyche anye suche decayed house or houses, hathe bene, or shalbe scituate, shalbe found in the handes of any person or persones, other then such person or persons as fyrst dyd suffer or make the sayde decaye, then the sayde Cōmissioners or foure of them whereof two to be of the Quorum, shall and maye order and enioyne all and euery persō and persons hauyng the immediate and presente inheritaunce in the sayd groundes and places wherin any of the aforesaid decaies shalbe founde as is aforesayd, to reedefye, and buyld agayne the same decaid house eyther in the sayd place where it was decayed or nere vnto the same, within the same towne, paryshe, or hamlet, within such tyme, & in such sort as to the sayde Commissioners or foure of them, whereof two to be of the Quorum, shal seme reasonable and conuenient. And shal further assesse and taxe all and euerye person and persones, hauynge any particuler estate in the sayde groundes, belongyng to anye suche house decayed, for terme of lyfe, yeares, or by Coppye of Court Rolle, to be Contrybutorye towardes the sayde Reedyfycation, and [Page]buyldyng in such Summe or Summes of money to be payde to the foresaide person hauing the immediate and present inheritaunce, and being ordred and enioyned to reedifye the same, as to the sayde Com­myssioners, or foure of them wherof two to be of the Quorum, shall seme mete and reasonable, hauynge respecte and regarde to the seuerall es­tate, and termes of all and euery the sayde perticuler tenauntes, and to the commodities, profyttes, and emolumentes, thereto seuerallye and respectiuely belongyng, and also hauynge respecte to suche coue­nauntes, grauntes, agreamentes and conditions as be, or shalbe conteyned in any lawefull wrytynge made concernyng the estate of any of the persones to be charged for the sayd reedification, or for the con­tribution of any thyng to wardes the same freholde, estate remainder or reuertion as is aforesayde, accordynge to theyr seuerall intereste, estates, commodities and profyttes.

And be it enacted by the aucthoritie aforesayde that all and euery persone and persones bodyes polytyke and corporate, that shall haue any estate or interest, i [...] anye of the sayde houses, places or groundes, wherein anye of the aforesayd decayes shalbe commytted & found, or presented as is beforesayd from or by any person or personnes so orde­red and enioyned as is aforesayd, shalbe charged and chargeable ac­cordyng to his or theyr estate, or estates, commodities and profyttes, in the same, in lyke sorte and maner as he or they from whome or by whome the same estate or estates, shalbe by anye meanes deryued, or conueyed, should or ought to haue ben by force of the sayd commaun­dement and iniunction. And also that the person or persons that shal­be appoynted or charged by the sayd orders & iniunctions, or by thys estatute, to reedifye any of the decayed houses before sayd and to haue any contribution, rate or summe of moneye, or other thynge of anye others, towardes the same, shal and maye by vertue hereof haue one action of debte for the same agaynst the partye or parties, appoynted to paye the same, and agaynste theyr heyres executours or assignes in any of the kyng and Quenes Maiesties, ordinarye Courtes of re­corde, or shal sue for the same by information before the sayd Commis­sioners or foure of them, wherof two to be of the Quorum, in which suit no iniunction wager of lawe protection nor essoigne shalbe allowed, for the defendaunt. And yf any party or partyes that should or ought to paye or geue any Summe of money, or other thinge in contributi­on as is aforesayde, shal vpon a reasonable request thereof to be made wylfully refuse or delaye to paye or geue the same. That then y ^e playn­tyfe vpon his suite to haue and recouer treble dammages agaynst the sayde defendaunt.

And further be it enacted that yf the sayde grounde or groundes so conuerted frō tyllage to pasture, or vsed or employed to the keping [Page]of connyes, to the destruction of corne as is aboue sayd, shalbe founde in the handes or possession of any person or persons, other then suche as dyd conuerte the sayd groundes from tyllage to pasture, or vse or employe the sayd groundes with connyes as is aforesayd, that then the sayde Commyssioners or foure of them whereof two to be of the Quorum, shall and maye order and enioyne the occupyers of the sayde ground or groundes so conuerted from tyllage to pasture, or so vsed or employed to the kepynge of connyes as is aforesayd to tourne the same agayne into tyllage, or to destroye or dymynyshe the sayde con­nyes kepte vpon the same grounde within such tyme and vpon suche paynes as by them shalbe limitted and appoynted.

And be it further enacted by thaucthoritye aforesayd, that euery such order and iniunction aboue mentioned, shalbe entred of recorde and the copy therof wrytten in parchement and signed and sealed by the sayde Commyssioners or foure of them whereof two to be of the Quorum, and delyuered to the occupyer or occupyers of the grounde or place wherin any of the foresayd offences, decayes, or defaultes, shall be founde as is aforesayde, to the intente the same maye be delyuered ouer or declared to al such other persons as shall or ought to be boun­den or charged by the same.

And further be it enacted by thaucthoritie aforesayd, that the sayd Commyssioners or foure of them wherof two to be of the Quorum shall and maye haue power and aucthority by force of the sayd Com­mission and of thys acte, to commytte euery personne refusynge to be bounde by recognisaunce as is aforesayd, and euery the sayd perticu­ler tenauntes refusyng to declare to the sayd commissioners or foure of them wherof two to be of the Quorum, howe longe or what hys sayd perticuler estate is to pryson into the next Gaole in the sayde countye there to remayne without bayle or maynepryce vntyl he shalbe boūd in recognisaunce as is aforesayde or shew or declare his or theyr perticuler estate, or estates in the premysses to the sayde commissioners or foure of them wherof two to be of the Quorum, as is aforesayde.

And be it further enacted by thauctoritie aforesayde, that the Sheriffes and all other ministers, within the counties where suche Session shalbe appoynted, shalbe attendaunt vpon the sayd commis­sioners and shall returne before them al such proces and preceptes as they shal haue in commaundement to do, and be obedient vnto them as they are bounde to be to the Iustices of peace or of Oyer, and de­terminer at all tymes and places for the execution of the sayde Com­myssion and of thys Acte. And the same Commyssioners or foure of them wherof two to be of the Quorum, shal haue power & auctoritie to enquyre here and determyn as is aforesayd, of, for & vpō al forfeitures recognisaunces, and breches of orders, and Iniunctions that shalbe [Page]taken, knowledged or made before the sayd commyssioners, or foure of them, and to assesse such fines and amerciamentes as to thē shal seme mete and conueniente, vpon the sheriffe and other offycers, and per­sonnes, whatsoeuer makyng defaulte, and for contemptes and other misdemeanours before them. And shall haue aucthoritie to reforme all impanalles to be retourned before them as the Iustices of peace maye doo.

And further be it enacted by thaucthoritye aforesayd, that eue­rye of the Commissioners shall haue for euery daye he shall syt to ex­ecute thys commission ten shillinges, and to the clerke that shal serue and wryte all proces and other recordes before the sayd Commissyo­ners, for euerye daye he shall attende vppon the sayde Commyssyo­ners, thre shillinges and foure pence, the same to be paid by the She­ryffe or clerke of the courte of the fynes, forfetures and amerciamen­tes, that shall aryle or be cessed for anye matter or defaulte before the sayd Commyssioners, and the Sheriffe, to be allowed vpon hys ac­compte for the same. So that the same be noted and specifyed in the estreate, sygned by the sayd Commissioners or foure of them, wherof two to be of the Quorum.

Prouyded alwayes and be it enacted by thaucthoritye afore­sayde, that the sayd Commissyoners or any of them by vertue of thys act shall not haue power or aucthoritie to do any thyng touching the offences or defaultes aforesayde contrarye to the ordynaunce or pur­ueyaunce of any estatute, heretofore made or to the exclusiō or taking away of any benefit or liberti permitted or saued to any maner of person by any prouision in any of the said statutes or contrari to theffect of any licence heretofore graunted by the kyng and quenes highnes, or the Quenes highnes or any of the auncestours or predecessours of the Quenes hyghnes, so that the same lycence be shewed to them, or foure of them, vnder seale before conuiction of the offence or defaults aforesayd. Any thyng aforesayd to the contrarye therof in any wyse not withstandyng.

And forasmuch as it is lyke to be that some houses hauyng twen­tye acres of grounde or more, to them lying or belongyug, be decaied without any wyllyng defaulte in them that had the inheritaunce or possession therof, as by fyre, breaches, and surroundyng of waters, or by destruction of enemyes, or rebelles, or of suche as hadde perticuler estates therein without impechement of waste, or by such other lyke meanes or wayes, and that they who by the ordynaunce aforesayde, shulde reedifie the same, are of suche pouertye that they can not by all entendement reedifye or builde vp all the same houses agayne.

And forasmuche also as some perchaunce haue erect & builded vp new houses in some other places vpō the same landes lying to y ^e sayd [Page]houses, or vpon some other lande nere therevnto in lewe and place of the houses decayed, whych are as auayleable to the common wealth as the newe reedefying of the decaid houses in the olde places should be, in whiche cases equitye requireth, they should not be punished for the sayd decaye.

And forasmuche as it is lyke to be that some ground conuerted from tyllage into pasture is deuided into diuers smalle percelles re­maynyng and beyng in diuers and seueral mens handes, so that any one parte wil not be sufficient to kepe a plowe vpō. And for that some groundes haue bene tylled for dystroyinge of mosse busshes, brome, fyrres heath, and not onely to be continued in tyllage and suche lyke. And that also some demeanes in the absence of the owners haue ben deuyded to sundrye occupyers, who hath tylled the same, not beynge comonly vsed to tyllage before the sayd feast of S. George, & for that diuers other perticuler cases maye fortune to be whiche the generall purueyance of this estatute can not remedye withoute greater hurt then good to be don by the same. And for that also that in some places of this realme it is not necessary the purueyen of this estatute to ex­tend and to be fully executed, but in some places and vpon some occasions or causes, it maye more conueniently be spared then put in vre, and is therefore necessary to referre such thynges with all other cir­cumstaunces, to the discresions of the commissioners who may more perfectly vnderstande the same.

Be it therefore ordeyned and enacted by aucthoritie of thys pre­sent parliament that the sayde commissioners or foure of them at the leaste, whereof two to be of the Quorum, shall and maye consyder the sayde cases and suche other lyke, and vse theyr discretions in tempo­rynge and qualefying of the sayd general purueyaunce of this or any of the foresayd former estatutes, & in ordering the sayd cases and such other lyke, and to omit the execution and penaltye of this acte, and of the other former actes accordynglye, as to the wysedomes and discretiones of them or foure of them at the leaste, whereof two to be of the Quorum, shalbe thought moste necessarye. Thys acte or the afore­sayde former actes in anye wyse notwithstandynge. And shall haue power and aucthorytie to cancel recognysaunces taken before them, and not appearyuge to them forfeyted, yf it shall seme to them or four of theym, whereof two to be of the Quorum, meete and conueny­ente.

And it is further ordered and enacted by aucthoritie of this pre­sent parliament, that where as anye grounde by meanes of this acte shal fortune hereafter to be conuerted from pasture int tillage accordyng to thintent of this acte, which ground is chargeable with any [Page]rent reserued since the tyme the same ground was conuerted from tillage to pasture, and which was reserued and made the greater, in cō sideration that the same was soo conuerted from tillage into pasture or stored with connyes, that al such rentes yf they be greater then the grounde turned into tyllage, or the grounde by reason of the destru­ction of conneyes is worthe, shall be abated and apportioned by the sayde Commissioners, or foure of them, whereof two to be of the Quorum, accordynge to theyr discretions, yf they shall thynke the same so mete.

Prouyded alwayes, and be it enacted by thauctoritie aforesayde that the retaynyng or none paymente of anye such parte or portion of any rentes that shalbe abated or deducted by the Commyssyoners as is aforesayde, shalbe no breache or forfeyture of any bonde, penaltie couenaunte, graunte, or condition to be conteyned in anye Indenture, bonde, obligatorie, or other wrytynge, agrement, or promyse what so­euer to the contrary notwithstandynge.

And further be it enacted by the auctoritie aforesayde, that the sayde Commissioners or four of them, wherof two to be of the Quorum, shal haue power and aucthoritie by vertue hereof, to make and direct forth preceptes and processes, aswell to the Sheriffe of the countie, as to all other freholdes and persones that oughte to attende or appeare before the sayd Commyssioners for the tryall answerynge or prouing of any offence agaynst this estatute or agaynste anye of the aforesayd former estatutes, to appeare before them at any day and time that the sayd Commissioners or foure of them wherof two to be of the Quorum, shall lymytte or appoynt, and vpon the appearaunce of the said persōs to geue daye ouer from tyme to tyme, as they shall thinke mete.

And be it enacted by thauctoritie aforesayd, that if any such per­son or persons as presentlye haue, or hereafter shall haue anye houses buylded, or reedified, or to be reedified, or any groundes to be conuer­ted to tyllage, accordynge to the tenoure and effecte of thys estatute, or of anye of the aforesayde estatutes, that then the sayde personne or personnes, theyr heyres or assygnes shall within three yeares next af­ter the ende of thys Session of this Parliamente, dimise, or lette to ferme the houses already buylded or reedified with the twenty acres of grounde, whiche before time dyd appertayne and lye to the same, or tenne acres percell thereof, yf there be nowe no more of the same landes in theyr handes that hath the houses buylded or reedefyed, or ought to reedefye the same, or with so muche other landes lyinge con­ueniente for the sayde house, and shall dymyse, and lette to ferme the houses hereafter to be reedefyed wythin two yeares after the same, shall be soo reedefyed with the twentye acres of landes, or the tenne [Page]acres percel therof or the lyke number of acres as is before sayd. And yf any of the sayd houses, and landes, shall not be so dimised or letten to ferme as is aforesayd, That then the sayd commyssioners or foure of them at the leaste, wherof two to be of the Quorum, shall haue pow­er and aucthoritye, by vertue of thys acte, to dimise and let the sayde house and landes to any person or persons, hauyng no other ferme or tenementes, within the same paryshe, nor hauyng any accion, or suit at that parlyamente agaynst the owner, and requirynge the same for vii. yeares, at the most for suche resonable rent and vpon suche resonable couenauntes, as the sayde Commissioners, shall thynke meete for bothe partyes. So that they take good assuraunce for the paymente of the rentes and perfourmynge of couenauntes, to the owner of the same as they shal thynke conuement, vpon whyche lease the owners of the house and landes, so letten, their executours & assignes and euerye of them for the tyme beyng, and also euery suche lease, theyr executours, and assygnes, and euery of them, shall haue suche remedye and actions thone agaynste the other, as they should or myghte haue had yf they them selues, had onely ben preuye and parties, to the sayd lea­ses.

And be it enacted by thaucthoritye aforesayd, that yf any person or persons shalbe condemned or charged with or for any offence that he or they ought not to be charged withal, by thys acte or by any of y ^e aforesayd former estatutes, that then the sayd partie and parties shal and may haue his or theyr trauers, and remedy therfore in the sterre Chamber, before the Councel there.

And be it enacted by thaucthoritye aforesayd, that thys statute shall at the pleasures of the kynge and Quenes maiesties her heyres and Successours, be put in executiō, eyther by Commissioners to be appoynted accordyng to the tenoure of thys acte, or ells by the Com­myssioners to be appoynted by theyr maiestyes for thexecution of certayne statutes thereof made in this Session of thys presente parlya­mente.

Prouyded alwaies and be it enacted by thaucthoritie aforesaid that thys acte nor any thyng therin conteyned shall extende to anye house, or buildynge made or to be made by any tenauntes in dowere or other perticuler tenaunte without thassent of him or them in reuercion or remaynder of estate of enherytaunce, onles the same house or buyldynge be or shalbe made and erected accordyng to thintent and purueye of thys estate. Any thynge in thys estatute to the contrarye notwithstandyng.

And be it further enacted by thaucthoritie aforesayd, that yf any person or persons, shall be conuicted or condempned of or for anye of­fence or forfeyture, of any recognisaunce, or other mater conteyned & [Page]specified in this act, vpon any information at the suyte of anye partye or partyes, that then thone moyte of all such forfeytures, & Summes of money as shalbe due for thoffence or forfeyture conteyned in the in­formation shalbe to the party or parties, that shal exhibite and prose­cute the same. Any thyng in this act or in any of the aforesayde actes to the contrary not withstandynge.

And be it enacted by the aucthoritie aforesayd that the sayde com­missioners or foure of them at the least, whereof two of them to be of the Quorum, shal inroll, or cause to be inrolled, of recorde all such orders prouisions paynes penalties forfeytures fines, amerciamentes, con­dempnations and conuictions, as shalbe had, made, set, taxed, lost, or forfeyted by reason or occasion of anye matter or thynge conteyned in thys acte or in anye of the aforesayde former actes, and the same Re­cordes to be well obserued and kept, in such sort and order as the said Commyssioners or foure of theym, whereof two of them to be of the Quorum shall thynke mete and conuenient.

And be it further enacted by thauctorytie aforesayd that the sayd Commyssioners or foure of them at the leaste, shall by vertue hereof haue aucthoryty to make or cause to be made proces for the leuiyng of all suche amerciamentes, fines, summes of moneye, and forfeytures, that shalbe due to be payde by reason of any presentment, iudgement, recognisaunce order, inumction assessement, default, or other matter, whatsoeuer had, made, geuen or done, accordyng to the purport and intent of this estatute, as Iustices of peace maye do for anye fynes or forfeytures before them. And the sayd Commissioners or four of them wherof two to be of the Quorum, shal yearely at the feaste of Sayncte Mighel tharchangel make or cause to be made estreates, indented of all suche forfeytures penalties fynes amerciamentes, and Summes of money as shalbe due in the yeare next before the sayde feaste vpon the forfeyture of any recognisance or for any of the causes or offences abouesayde, the same estretes to be subscribed and sealed by the sayde Commissioners or four of them wherof two to be of the Quorum, thone part therof to be sent into the courte of Exchequer, at Westminster, within .xl. dayes after Myghelmas. And thother part therof to be delyuered to the Sheriffe of the Shyre, whiche shalbe a sufficient warraunte to him and his deputye, to leuye the same in suche sorte as he ought or maye leuye the summes conteyned in the stretes, to the shy­ryffes, directed forth of the Court of Exchequer, and the Sheryffe to discharge therwyth hys accompte.

And be it enacted by thauctoritie aforesayde, that yf anye offen­der, shal once be condempned, and pay his fine or forfeyture for anye of the offences aforesayde in any courte before any Iustices or Com­missioner, hauyng auctoritie for that purpose, that then the sayd offen [Page]dour or offendours, shal not eftsones be charged agayne for that of­fence beyng passed, but shal and maye pleade hys former payment, in barre therof.

And be it further enacted by thauctority aforesayd, that the clerke or clerkes, that shall wryte the matters and recordes before the sayd commyssioners, shal take for the entry of pleas & other his doynges such fees and none other as shalbe appoynted by the sayd commissioners, or foure of them wherof two to be of the Quorum, and wrytten in a table that shalbe fixed openly in the place where the Sessions shal be kept vpon payne that the sayd clerke so offendyng shall lose & for­feyte to the party greued, treble the value of that which was so takē and he or they that shal embesel any recognisaunce or record shall for euery such offence lose and forfeit .v.li. and be committed to prisonne vntyll he shal pay the sayd summe of .v.li. and also make suche other recompence and satisfaction, as the sayd commissioners, or foure of them wherof two to be of the Quorum, shal thynke conuenient.

Prouyded alwayes and be it enacted by thauctoritie aforesayde, that this act nor any thynge therein conteyned shal extend to charge any person or personnes that shal kepe any ground in pasture for the kepyng of his or their owne horses, kyne, or other cattell, for thonely victuall to be spent in his or theyr house or houses.

And be it further enacted by thauctority aforesayd, that this acte nor any thinge therin conteyned shal in any wyse extende to reedifie any chiefe manor place nor any other houses or buyldynges, but such as shalbe mete and conuenient for the fermours or tenauntes, of any other fermeholdes, or tenauntes for the maintenance of the groūdes that be or shalbe assigned or layd to be occupied with the said houses buylded and to be buylded according to the intent of this estatute, by the discretion of the sayd commissioners or four of thē whereof two to be of the Quorum, nor shal extend to conuert to tyllage any grounde not exceding fyue acres, which is or shalbe vsed and enclosed for any garden orcharde hopyarde rapesede or for connies, for thonely prouision of anye mans house and to be spente in the same, and not beyng hurtful to the corne of any person or persones, other then the owners of the sayd connies so that the sayde garden, orchard, hopyard or cō ­ny garth shall lye adioyninge or nygh within one myle to the dwel­lynge house of the owner thereof, nor shall extende to conuerte anye grounde to tyllage, which is or shalbe left vntylled & not sowen with corne by reason of the euylnes barenes or barrenes of the same vntyl such tyme as the sayd grounde shalbe apt and mete for tyllage and to beare corne agayne, as by the sayde Commissioners or foure of them, wherof two to be of the Quorum, shalbe thought conuenient, this esta­tute or any other estatute to the contrarye notwithstandynge.

And be it further enacted by thauctoritie aforesayd that yf anye person or persons at any tyme after the Session of this present parli­ament, shal conuert or turne to pasture any grounde now beyng ea­reable and kept most comonly in tyllage for the space of twēty yeres last past before the Session of this presente parliament, and shall not eare and breake vp to tyllage as much other ground now beyng pa­sture within the sayde lorshyp or parysh where the sayde grounde so cōuerted doth lie, within one yere next after any such cōuercion, and shal not kepe the sayd new eared ground continually in tillage after any such conuersion, onles that for barrenes thereof he or they shall conuerte the same to pasture vpon the lyke order of earyng so muche other ground beyng pasture within the sayde lordshyppe wher suche conuersion shalbe made, shal lose and forfeyt for euery acre conuerted into pasture contrary to the fourme of this act yerely .v.s. thone half therof to the kyng and queenes maiesties, & the other to hym or them that wyll sue for the same by byl playnt or information, in any courte of recorde, wherin no essoygne protection or wager of law, shalbe al­lowed for the defendaunt. This acte to endure to the laste day of the next parlyament.

☞ An Acte for the kepyng of mylche kyne, and for the breding and rearynge of Calues.
☞ The .iii. Chapter.

FOr as muche as of late yeares a great number of persons within this realme haue layde their landes far­mes, and pastures, to feedynge of shepe, oxen, runtes, schrubbes, steres, & hekfers, and such other lyke catell hauing no regard or care to brede and rear vp yonge beastes and catel, wherby is growen greate scarcitie of cattell and victuall necessarye for the sustenaunce of dyuers sortes of people within this realme, and more is lyke to be, yf spedy remedye be not prouided.

It is therfore by thaucthoritie of this present parliament enacted that euery person, which from the feast of the Purification of our la­dy next ensuyng shal kepe or fede aboue the number of sixe score shere shepe for the most part of the yeare vpon his or her seuerall pastures, landes, fedynges, or fermes, apt or mete for mylche kyne and where­in no other person hath at the makyng of thys present acte, common for any cattel of any tyme of the yere, shall by aucthoritie of this acte, yerely so longe as he shall kepe or feede the sayde number of sixe score shere shepe, for euerye threscore shere shepe so kepte or fedde, kepe one [Page]mylch cowe, and shal brede and reare vp yearely for euerye syxe skore shere shepe so kept as is aforesayde one Calfe vpon payne of forfeiture for euery moneth that anye suche person, shall not for euery thre skore shere shepe as is aforesayde, kepe or feede one mylche Cowe, twentye shyllynges for euery Cowe so not kept. And for lacke of rearynge and bredyng of one calfe for euery syxe score shere shepe, to forfeyt likewise twenty shyllynges for euery calfe so not reared and fed, and that eue­ry person which after the foresayd feast of the Purification of our la­dy, vpon hys or her seuerall pastures as afore is sayd, shal kepe or fede aboue the numbre of twentye oxen, runtes, Scrubbes, Steres, hek­fayres, or kyne, shal by thaucthoritie of this acte, for euery ten beastes of the sayd sortes so kept or fedde, kepe and nowrishe one mylch cowe, and breede reare and waine yeareliand kepe for one whole yeare one Calfe for euery two mylche kyne so charged to be kepte vpon the seue­rall paynes and forfetures afore rehearsed, excepte the sayde Calfe, or Calfes shall chaunce to dye within the sayde yeares, without couin or fraude therto added, thone halfe of whyche saud forfetures shalbe to the vse of our sayd Soueraygne Lord and Lady the kyng and Que­nes Maiestyes and the other halfe to thuse of the partye, that wythin one yeare after thoffence committid wyl sue for the same in any of the kyng and Quenes Maiesties Courtes of Record, or before the Iusti­ces of peace, in the same Shyre, where anye suche cause of forfeyture shalbe had at the geuerall Sessions (who by aucthoritye of thys acte shall haue power to heare and determyne the sayde offences) by byll information presentment, action of dette, or detinue, in whiche action or suyte no essoigne, protection, wager of lawe or licence to the con­trary shalbe allowed.

Prouyded alwayes, that thys acte nor any clause therof shalbe extended to bynde any person to kepe mylche kyne, ne yet to brede or reare calues, as afore is expressedde for suche shepe or other beastes, as the same person shall kepe and fede to the intent onelye to be spente in his or theyr house or houses, without fraude or couin. Thys act to en­dure onely vnto thende of seuen yeares next folowyng the feast of the Purification of our lady aforesayde, and from thence to thende of the parliament then next folowynge.

☞ An acte for the extynguyshement of the fyrst fruites and touching order and disposition of the tenthes of spiritual and ecclesiasticall promotions, and of rectoryes, and personages impropry­ate, remaynyng in the Queenes maiestyes handes.
¶ The .iiij. Chapyter.

WHere at a parliament holden at Westminster the thyrd day of Nouē ­ber in the .xxi. yeare of the raygne of our late Soueraygne Lorde kynge Henry the .viii. and vpon prorogatiō there holden the third day of Nouem­ber, in the .xxvi. yeare of the sayde late kyng, for the mayntenaūce of his royall estate then beynge recognyfed the only supreme head in earth, next and immediatly vnder god, of the church of Englande. It was enacted by the aucthorytye of the sayd parliament, that the sayde kynge hys heyres and successours kynges of thys realme, shoulde haue and enioye from tyme to tyme to endure for euer, of euery such person & persons, which at any tyme after the fyrst day of Ianuary, then next commyng, shuld be nominated, elected, prefected, presented, collated, or by anye other meanes appoynted to haue any arch byshoppryche, byshoppryche, ab­bey, monasterye, pryorye, colledge, hospytall, archedeaconrye, deane­rye, Prouosteshyppe, Prebende, Parsonage, Vicarege, Chaunterye, Frechapell or other dignitie, Benefyce, office, or promotion spirituall, within this realme, or els where within any of the kynges dominiōs of what name, nature, or qualitie soeuer they were, or to, or of whose foundation, patronage or gyft soeuer they belonged, the fyrst fruytes, reuenues, and profyttes, for one yeare of euerye suche Archebyshop­ryche, Byshopryche, Abbey, Monastery, Pryory, Colledge, Hospitall, Archedeaconry, Deanery, Prouostshype, Prebende, Parsonage, Vi­carege, Chauntery, Frechappell or other dignitie, Benefyce, office, or promotion spirituall aforenamed, wherevnto any such person or per­sones, should after the sayd fyrst daye of Ianuarye be nominated ele­cted prefected, presented, collated or by any other meanes appointed, and that euery such person and persons, before any actual or real pos­session or medlyng with the profyttes of anye such Archbyshopryche, Bysshoprych, Abbay, Monastery, Pryorye, Colledge, Hospital, Deanry Prouostshyp, Prebende, Parsonage, Vycarege, Chaunterye, Fre­chappell or other dignitie, benefice, office, or promotion spyritual shuld satysfye, content and paye, or compounde or agre to paye to the kyn­ges vse at reasonable dayes vpon good suerties the sayd fyrst fruites and profyttes, for one yeare.

And where further in the sayd parliament it was enacted by aucthoritie aforesayd, that the sayd king his heires and successoures, kyn­ges of this realme, for more augmentation and mayntenaunce of the royall estate of thimperiall crowne and dignitie of supreme heade, [Page]should yerely haue take retayne and enioye, vnited and knytte to his imperyall crowne for euer one yerely rent or pention amountyng to the value of the tenthe parte of all the reuenues, rentes, fermes, ty­thes ofspringes emolumentes & of al other profits, as wel called spiritual as temporal then apertayning or belonging, or that from thence forthe shold belonge to any archebyshopperyche byshopryche, abbey, monasterye, pryorye, archedeacourye, deanerye, hospitall, colledge, house collegyate, prebende, cathedrall Churche, collegyate Churche, conuentual Churche, personage, vicarege, chaunterye, frechappel, or other benefice or promotial spiritual of what name nature or qualitie soeuer they were or be within any dioces of thys realme, or in Wales the sayd pention or annual rent to be yearely payd for euer to the said late kyng hys heyres & successours kynges of this realme, at the feast of the Natiuitye of our Lord God. And that the fyrste payment ther­of should begyn at the feast of the Natiuitye of our Lord God which then should be in the yeare of our Lorde God a thousande, fyue hun­dreth thyrtye and fyue, and to be payd yerely by such as should be ap­poynted, to haue the collection therof by the same act in suche maner and forme, as shoulde after that tyme be lymytted by the sayd act be­fore the fyrst daye of Apryll, next folowing after the sayde feast of the Natiuitye of our Lord, as in the sayde atte amongest other thinges, more playnely appeareth.

The kyng and the quenes moste excellent Maiestyes for diuers vrgent considerations them theyr honours and consciences specially mouyng, wyll that it be enacted, and therfore be it enacted by aucthoritye of thys present parlyament, that all paymentes of the sayd fyrst fruites shall from hence forthe cease and be clearely extinct and deter mined for euer. And that aswell all and singuler archbishopperiches, byshopryches, & other benefyces, dignities and promotions spyritual afore charged and chargeable to and wyth the paimentes of the fyrst frutes, as all and euery possessor, owner and incumbent of the same, and their successours shal from and after the .viii. daye of August last past, and so from thence forth at al times for euer be clereli exonerate acquited and discharged agaynst our sayd soueraygne lord and lady and agaynst the heyres and successours of our sayd soueraygne lady of and from the payment and paimentes of al and euery the sayd first fruites in as ample and large maner and forme, as they were before the makyng of the sayde act. And as thoughe the same act had neuer bene had ne made.

Prouyded alwayes, and be it enacted by thaucthoritie aforesayd that thys act or any thyng therin contayned shal not in any wyse ex­tend to extynguyshe or dyscharge any recognisaunce or other bonde obligatorie, or any payne penaltye debt or forfeture had made or due [Page]to the Quenes highnes her heires and successours, at any time before the sayd eyght daye of Auguste, last past for and concernyng the sayd fyrst frutes.

And wher as synce the sayd .xxvi. yeare of the sayd late kynge Henry the eyght, hys Maiestye, and the late kyng Edward the syxt, and our sayd soueraygne Lord and Lady, the kyng and the Quenes Maiesties, or any of them haue before thys time by their seueral and sondry letters patentes, geuen graunted and assured aswel vnto son­drye Bysshoppes and theyr Successoures, as to dyuerse Cathedrall Churches, Deanes, and Chapyters, collegys and other ecclesiastical and spirytuall persones and corporations and their Successours di­uerse Manoures, Lādes, Tenemētes, Rectories, personages, tythes gleblandes and other hereditamentes, to hold in pure and franke al moyne or by any other tenure, & to paye yearely vnto their maiesties their heyres and successours one yearely rent in the name of a tenthe, or the tenthe part of the yearely value of the same, as by the sayd seue­ral patentes more at large doth appeare.

Our sayd soueraygne Lord and Lady, the Kyng and Quenes Maiestyes that nowe are, further wyllen that it be enacted, and be it enacted by thaucthority of this present parliament, that the sayd perpetuall pention, annual, rent or tenthe, mentioned and conteyned in the sayd acte, made in the sayde .xxvi. yeare of the raygne of the sayde late kyng henry the eyght, and the said seueral rentes and tenthes reserued vpon the sayd letters patentes for and in the name of a tenthe or anye of them from and after the feaste of S. Michel tharchangell last past shal not be payd or payable vnto their Maiesties, her heires or successours, and that aswell all and synguler the Archbyshoprykes Byshoprickes, and other the benefices, dignities, Deanes, and Chapters, Colledges, Corporatiōs and spiritual promotions, aforesayd as al and euery possessoure Owner, propryetories and incumbent of the same and theyr successours and euery of them from and after the sayd feast of Sainct Michel tharchaungel last past shalbe clearely exone­rate acquited and discharged of and for the payment of the sayde perpetuall pention, annual rent or tenthes aforesayd, and of the sayd tenthes reserued vpon the sayde letters pattentes, and of euerye of them agaynst our sayd souerayne lord and lady, and the heyres and succes­sours of the Quene, to thintent that the same shalbe ordred vsed and disposed in maner and forme as hereafter in thys acte shall be expres­sed. And for the better declaration of their Maiesties good and godlidispositions in the premisses, their highnes doth bi aucthority of this present parliament clearely geue ouer renounce and relinquish from them, and the heires and Successoures of the Queenes hyghnes, the sayde perpetuall pentyon, annuall rente, and tenthe, and [Page]the said rentes reserued nomine decimae vpō the said seueral letters paten­tes & al their. right, titel, and interest, which they or the said heyres or successors of oursayd soueraigne lady the quene haue, or may haue in or to the same. ¶ And where diuers and sondry rectories personages and benefices impropryat, glebe landes, tythes, oblations, pencions, porcions, and other proftes, and emolumentes ecclesiastical & spiritu­al to the same, or any of them belonging, & the reuersion & reuersions of diuers of them, since the .xx. yere of the raigne of the sayd late kyng Henry the .viii. came vnto the handes & possessiō of the said late kyng. And lykewyse since hys death vnto the handes of the sayd late kyng Edward the sixt, and after vnto the handes and possessiō of the kyng and quenes maiesties that nowe are, as in the ryght of her hyghnes of an estatute of enherytaunce. Their maiesties lyke good catholyke and christen princes earnestly tendering the instruction of their peo­ple in trwe and sincere doctrine, and therwithal waying the pouerte and skarsenesse of lyuynge of many and sondrye benefyces and cures within thys realme, and other theyr dominyons, by reason where of sufficient and hable curates can not be gotten to serue the same, like­wyse wyllen that it be enacted.

And therfore be it enacted by thaucthoritye of thys present parlia­ment that their maiesties and the heires and successors of the quenes highnes, shal not frō the feaste of S. Michel tharchaungel laste paste receyue, perceyue, take or inioye, any the issues, reuenues, profites, or cōmodities, of the sayd rectoryes, personages, benefices, glebe landes tythes, oblations, pencions, porcions, and other profittes, and emolumentes, ecclesiasticall and spiritual aforesayd, or any of them or of the rencrtion or reuertions of them or any of them, but doth from and after the sayd feast, clearely geue ouer, renounce, and relinquishe by the aucthoritye aforesayd, the sayd rectories, personages benefices, glebe landes, tithes, oblations, pentions portions, and other profittes and emolumentes ecclesiastical and spiritual aforesaid, and euery of them and the reuertion and reuertions of them and of euery of them, and all their xyght, title, vse, intereste, and demaunde of in or to the same, from them & the heyres & successours of the quenes maiestie for euer to be vsed imployed, ordered, and disposed, in maner and fourme as in thys acte hereafter is expressed and declared.

Prouided alwayes, and be it enacted by thauctoritye of this pre­sent parlinment, that this act or any thyng therin conteyned shal not in any wise extēd to extinguish, discharge, or geue a way any of thissues, tenemētes, or profits of the sayd rectories, personages, & benefices impropryat, globe landes, tithes, oblatiōs, pentiōs, & portiōs, aforsaid or any arrerages of rētes of y ^e same, or the arrerages of ani of y ^t said se ueralten [...] [Page]tenthes before specified or of any part or percel therof, dew vnto their maiestyes her heyres and successours at the sayd feast of S. Michell the archaungell last past, or anye tyme before the sayde feast, but that theyr hyghnesses, her heyres and successours shall haue, receaue, and enioye, all and synguler the sayde arrerages of the sayde rentes, and seuerall tenthes, de we at or before the sayde feast, in lyke maner and fourme as yf thys act had not bene made, anye thynge before menci­oned, lawe, vse, or custome, to the contrary not withstandynge.

Prouyded also and be it enacted by the aucthoritye aforesayde that thys act or any thynge therin conteyned shal not in any wyse ex­tende to extynguyshe, discharge, or geue awaye anye yearelye rente, teserued for and in the name of a tenthe, vppon any letters, patentes, heretofore made and graunted by our sayd Soueraygne lorde kyng Henry the eyght, kyng Edwarde the syxte, and by our Soueraygne Lord and Lady the kyng and Quenes Maiesties, or by any of them to anye person or personnes and to theyr heyres, or in fee tayle gene­ral or special, or for terme of lyfe, lyues or yeares, or to any bodyes po­lytyke or corporate, and to theyr successours other then to spirituall & ecclesiastical corporations and to their successours, but that the kyng and quenes maiesties, her heyres and successours, shal haue, perceiue and enioy, all and synguler the sayd rentes so reserued vpon anye of the sayd letters patentes, not being made and graunted to anye spy­rituall or ecclesiastical persons and corporations, and to theyr succes­sours as is aforesayde, in lyke maner and fourme as yf thys acte had neuer bene made.

And where the kynge and the queenes Maiesties stande char­ged for the payment of sundry rentes pencions, annuities, corrody­es, fees, and other yerely paymentes seuerally grannted aswel by di­uers & sundry late abbotes, pryors, maisters of colledges, maisters of hospytals, chauntery preystes, and other ecclesiasticall and spirituall persons before the dissolution of their houses, to diuers and sōdry persones, seuerally or ioyntly for terme of life, lifes, or yeres, as also by her sayd father kyng Henry the eyghte, and by her sayde brother kynge Edwarde the syxt, and by her maiestie, or by any of them to diuers & sondry religious persons and others seuerally or ioyntly for terme of lyfe lifes or yeres, the names of al which persons together with their seuerall yerely rentes pencions annuities corrodies fees and yerelye paymentes and prosytes, shalbe specially and perticulerlye set fourth and conteyned in a certayne booke indented, whereof the one conn­terpayne to be sygned by our sayde Soueraigne lady the q̄uene and the other with the sygne manuel of the most reuereud father in God Reignold Poole Cardinal and Legate de latere, of the Popes holmes [Page]and of the Sea apostolyque, specially sent vnto theyr maiestyes, and to theyr kyngdomes, and dominyons, to the intent our sayde Soue­raygne Lord and Lady the kyng and Quenes Maiesties, theyr hey­res and successours should be from the sayd feast of Saynct Michell the archeaungell last past, and at all tymes from henceforth, clearely exonorated, acquitted, discharged, or saued harmeles, of and from the payment of the sayd rentes, pentions, annuityes, corrodies, fees and yerely paimentes aforesayd. Our sayd Soueraigne Lord and Lady the kyng and the quenes maiestyes are pleased, and contented that it be enacted.

And therfore be it enacted by thaucthoritye of thys presente par­liament that suche, and so many of the clargye of thys realme, as the sayd Lord Legates grace shal frō time to time name and apoint and the successours of them and euery of them (yf it shal so please the sayd Lord Legates grace to name appointe and assygne them) shall from the sayd feast of Saynct Mychell last past, and so from thence furthe from tyme to tyme vntyll the sayd rectoryes, personnages, and bene­fyces impropriate, and other the sayd spiritual profyttes, shalbe other wyse ordred vsed and imployed by the assygnessient of the sayd Lord Legates grace, as hereafter is expressed and declared, haue, take, perceyue, and receyue, aswell all and synguler the sayd perpetual penci­on, annuall rentes, or tenthes, and euerye of them at suche dayes and tyme, and by all such wayes and meanes, as the same is limitted and appoynted to be payd eyther by the sayd seuerall letters pattentes or by the said former estatute made in the sayd .xxvi. yere of kyng Henry the .viii. or by any other estatute made for and cōcerning the true paiment of the sayd tenthes or anye of them, as also al and synguler the issues, reuenues, profittes, and cōmodities, of and in all and singuler the sayd rectoryes, personages, and benefyces impropryate, glebe landes, tythes, oblations, pencyons, porcyons, and other profyttes, and emolumentes, ecclesiastical and spiritual aforesaid, & of the reuertion and reuertions therof, when they shall fall by all suche wayes reme­dies and meanes, for the leuying and recouerie of the rentes and profyttes of the sayd premysses, as our sayd Soueraygne Lord and La­dy her hyghnes heyres and successours shoulde or myght haue done yf the sayde premysses hadde styll contynued in theyre Maiestyes handes and possession, to thys vse and intent, and purpose folowyng that is to saye, that suche and as manye of the clargye of thys realme and theyr successours, as the sayd moste reuerende father the Lorde Legates Grace, shall name and apoynte, as is aforesayde, shall therewyth satystye, contente, and paye, or cause to be satysfyed, con­tented, and payed, to all and euerye the sayde relygyous personnes [Page]and others named within the sayde booke indented whiche at thys tyme haue or ought to haue any pention, corrodye, annuitye, yerelye rent, profyt, or fee, for terme of lyfe, lyues or yeares, as is aforesayd, al and singuler theyr sayd pentions, corrodies, annuities, rentes, or fees at such dayes and tymes as is limitted and appoynted by seueral letters patentes, or other wrytinges or grauntes to them made. And in suche maner and fourme as our sayd Soueraygne Lord and Ladye the kynge and quenes hyghnesses her heyres and successours shoulde or oughte to haue payde the same, yf thys acte had neuer bene had ne made, any thynge before mentioned to the contrarye not wythstan­dyng. And that they shall exonorate acquite, and discharge, or saue harmelesse the sayde kyng and quenes maiesties, and her heyres and successours kynges of thys realme, of and for the payment of all and singuler the sayd pentions, annuities, corrodies, and fees, and shalbe further bound for the assuraunce therof, as shalbe deuised by their maiestyes, with the assent of the sayd lord Legate. Anye thinge before mentioned to the contrary not withstandyng. And to the intent the poore benefyces and cures of thys Realme, and other the dominions thereto belongyng maye be hereafter furnyshed wyth good and ha­ble curates to instructe the people w ^t good and syncere doctrine, and to be hable to mayntayne hospitalitye and for and to other godlie ententes and purposes to be done within thys realme. Our sayde soue­raygne lord and lady the kyng and Quenes maiestyes of theyr most gracious dispositions, are pleased and contented and wyllen that it be enacted.

And be it enacted by thaucthority aforesayd, that the sayd Lord Legate shall and maye dispose, order, imploye, and conuert the sayde rectoryes, personages, and benefices impropriate, glebe lādes, tithes oblations, pencions, porcions, and other the sayd profittes, and emo­lumentes, ecclesiastical and spiritual, to & for thencrease and augmentation of liuinges of the incumbentes of the sayd, or other pore cures and benefices, or otherwise for y ^e finding of preachers or the exhibitiō of scollers within thys realme and dominyons of the same, as by the godly wisedom and discretion of the sayd lord Legat shalbe thought most mere & conueuyent, sauyng to al and euery person & persons, bodyes politike and corporate, and theyr heyres assignes and successors and euery of thē, other then our sayd soueraygne lord & lady the kyng and quenes maiesties, and the heyres & successors of the quenes highnes al such personages, nominations, presentatiōs, aduousōs, ryght, title, possessiō, interest, reuertion, remainder, entre, cōdition, fees, offices, rentes, annuities, commons, leases, liberties, & al other commodities thing and thinges, profittes and hereditamentes whatsoeuer in [Page]lyke maner & fourme to al intentes constructions & purposes as they or any of them should myght or ought to haue had in or out of any of the sayd tenthes, personages, rectoryes, benefyces, vycareges, tythes pencions, portions, oblations, obuentions, or in or to any y ^e premysses or any parte therof in as ample and large maner as yf thys acte had neuer ben had ne made.

Prouided alwaies and be it further enacted by the aucthority of thys present parliament that immediatly after the decease of the said persons named in the said boke to be indented, and the determinatiō of theyr senerall estatutes and rightes, and to the sayd annuities fees rentes, and corrodies, the said paiment of the said perpetual pencion annual paimēt or tenth, & of the sayd tenthes & rentes reserued nomine decimae vpō any letters patētes, made vnto ecclesiastical & spiritual persons aforesayd, shall vtterly cease & be determined for euer, any thing herein conteyned to the contrary in any wyse not wythstandyng.

And be it further enacted by the aucthoritye of thys present parly ament, that all and synguler person and persons bodies politike and corporate, being spiritual and ecclesiastical and theyr successours and euery of them, which shal hereafter haue & enioy any of the said rectoryes personages, and benefyces impropryat, glebe landes, tythes, oblations, pentions, portions, and other profits, and emoluments ecclesiasticall and spirytuall afore sayd shall and maye haue and enioye, by aucthoritye of thys acte lyke aduauntages, meanes, benefyces, acti­ons & remedyes agaynst the lesses and grauntes their executours administratours, or assygnes, and euery of them, by entre for none pay­ment of rent from hēceforth to be due, or for any wast hereafter to be done, or for breache or not performing of any condition or couenaunt or agrement from henceforth to be perfourmed, fulfylled or done conteined and expressed in the indētures of the sayde leases or grauntes agaynst al & euery the sayd lesees, fermers and grauntees and theyr executours administratours and assignes & euery of them as yf the sayd person and persons bodies polityke and corporate spiritual and ecclesiasticall, theyr successours and euery of them should and myght haue had yf they had ben perty or pryuy to the sayd indentures lesses and graūtes, and likewyse that al & euery the sayd fermors lessees & grantees, their executors, administratours and assygnes and euerye of them shal and may haue and enioy such part of the premisses as is conteyned in theyr lease and leases, graunt or grauntes, during such tyme as is mentioned and limitted in any such lease or leases, graūt or grauntes, yeldyng and paying the yerely rentes and seruyces re­serued vpon the same lease or leases, and performing al & singuler couenauntes and agrementes, specified in euery such lease and graunt the whiche on the leasees part are to be obserued and kepte, and fur­ther shall haue like action aduauntage benefit, and remedy agaynste all and euerye the sayde person and personnes bodyes polytyke and [Page]corporate Spiritual and ecclesiastical, and theyr successours and euerye of them which shall haue and enioye anye parte of the premysses for any condition couenaunte graunte or agrement hereafter broken or not performed conteined and expressed in their seueral indentures of theyr leases and grauntes, or any of thē the which on the part and behalfe of the lessours ar to be obserued and kept, as the same leasses or grauntes or theyr executours admynistratoures and assygnes, or any of them myght or should haue had agaynst the sayd person or persons bodyes politique and corporate, ecclesiastical and spirituall, and theyr successours or any of them, if they had bene both perty and priui to the sayd indentures leases and grauntes.

Prouided also and be it enacted by thaucthoritye aforesayd that thys act or any thyng therin conteyned, shal not extend to take awai from our sayd soueraygne Lady the Quene, her heyres and Succes­sours, the Patronages of any vicarege belongyng to any of the fore­sayd personages and rectoryes impropryat, but that her highnes her heires and successours shal continue and remayne patronesse, and patrons of the sayde vycareges in maner and forme as yf thys acte had neuer bene had ne made. Any thyng before mentioned to the contra­ry notwithstandyng.

And be it further enacted by the auctoritie aforesayd, that yf it happen any of the sayd rectoryes and personages impropryate, whereof ther is no vicar, or that hath vicareges indowed, and the patronage of the same appertayneth vnto the Quenes Maiestie, her heyres and successoures, to be here after dysapropryate and made presentable or otherwyse imployed as is aforsayd, that then her highues her heires and successours shall by vertue of this act be iudged and demed very and vndouted patrones of euery such rectorie and personage disapropriated, and made presentable. Thys acte or any other law, vse, or custome to the contrary in any wise notwithstandyng.

And be it further enacted by thauctoritie of this present parlya­ment, that yf it fortune any of the sayd rectoryes and personages im­propriate the patronages of the vycarege, wherof doth or shal apper tayne vnto any person or persons bodyes polytyke & corporate other then to our sayde Soueraygne lady the quene, her heyres and successours to be hereafter disapropriated and made presentable, that then in euery such case the sayde person & persones, bodyes politike & cor­porate, the whyche then shalbe patrones of the said vicareges, shalbe patrones of the sayd personage so disapropriated in like estate degre and condition as they were of the patronage of the vicarege before y ^e sayd disapropriatiō of the said rectorie or rectories impropriated, any thing in this act or any law, or custome to y ^e cōtrary notwithstāding

Prouyded also, and be enacted by the aucthoritye aforesayde, [Page]That when and as often as any person or persons, to whome y ^e sayde pentions annuities, Corrodies or fees aforesayd, or any of them do be longe shalbe payde thereof, by thauctoritie of this acte or otherwyse satisfyed by any order that shalbe taken vpon the same by anye other then the Quenes maiesties her heyres or successours, that then suche person or persones or any of them so payed or otherwyse satisfyed, shal not demaunde the same agayne of the kynge or Queenes maiesties her heyres or successours, nor shalbe double payde of the same, the pro­uision and order of paiment therof before specified, or any other thing herein conteyned to the contrary notwithstandynge.

Prouided also and be it further enacted by the auctoritie afore­sayde, that yf it fortune the sayd Lorde legate, to decease before suche tyme as the contentes of this acte, limitted & appoynted to his grace to be done, be fullye accomplyshed and executed, that thē it shalbe laufull vnto the Archbysshoppes of Canterbury and Worke, for the tyme beynge, and to the eldest Byshope of this realme by cōsecration, and in the tyme of the vacation of the sayd Archbyshoprykes, or of eyther of them, then to the Deane and Chapiter of the seas, or sea so voyd, durynge the sayde tyme of vacation and to the sayd eldest byshoppe, for the tyme being, to do execute & accomply she all and euery thinge and thynges touchyng the order and disposition of the premisses, as y ^t said most reuerende father the Lord Legate shall in his lyfe tyme lymytte assigne and prescribe vnto them, & as his grace should or mighte haue done. And that the sayde Archebysshops and Byshoppe, or the sayde Deanes and Chapiters in the tyme of vacation, and the sayde eldeste bysshoppe as is aforesayd shall from tyme to tyme after the discease of the sayde Lorde Legate haue full power and aucthoritie by vertue of this acte, to doo and execute all and euerye thynge and thynges tou­chyng thorder and disposition of the sayde premisses accordynglye as it shalbe prescribed vnto them by the sayde Lorde legate: And as the sayde Lorde Legates grace, shoulde or myght haue done yf he had ly­ued. Anye thynge before mentioned to the contrarye notwythstan­dynge.

And where as dyuers and sondry of the said rectoryes, personages and benefyces impropriate, glebe Lands, tithes, oblations, pentions, portions, and other profyttes and emolumentes, Ecclesiasticall and spirituall haue ben heretofore dimised and graunted to sondrye per­sones for terme of lyse, lyues, or yeares, aswell by diuerse and sondry late Abbotes, Priors, Mayster of Hospitals, and Colleges, and other Relygyous and Spyrytuall persones, and Gouernoures, before the Dissolution of theyr seuerall Houses, and Places, as synce, by the sayde late Kynge Henrye the Eyghte, Kynge Edwarde the [Page]the Syxt, and by our Soueraygne Lorde and Lady, the kynge and the quenes maiesties, or by any of them, and in and by the sayde lea­ses and geauntes, there is also comprehended and dimised to gethers wyth the sayd premisses; or with some part of the same, diuers and sō dlye manours, landes, tenementes, and other hereditamentes, and vpon some of the sayd leases and grauntes, is one hose and entire yerely rent, reserued for the sayde spiritual possessions, & for the saide other mannours, landes, tenementes, and hereditamentes, there wyth al­so graunted and letten, as by the sayd seueral leasses and grauntes, it maye appeare or be duely proued. And where also dyuers of the sayde rectoryes, personages, benefices impropriate and other the spirituall possessions aforesyd, haue bene heretofore of so long continuaunce & tyme, dimised, letten, and occupyed together, with manours, landes, tenementes, and other hereditamentes, and so ioyntlye occupied and vsed, that it is to be doubted that some ambiguitie, question, and con­trouersye maye hereafter ryse and growe, aswell for the diuision, and seueraunce of the glebe landes, and other possessions of dyuers of the sayde rectories, and personages, from other the sayde manours, lan­des, tenementes, and hereditamentes, which haue bene royned wyth the same, in lease, & occupation, as for the apporcionyng and ratynge, of the sayd hole and entyre yearly rentes reserued vpon such leases as is aforesayde. For the auoyding of which ambiguities, questions and coutrouersies, and to the intent a good indifferent rate & apporeya­ment of the sayd entier rent may be made accordyng to the quantitie of the sayd spiritual possessions so letten, and that the glebe landes of the sayd rectories & personages, and other the sayde spirituall posses­sions, so letten, with other lādes and possessions as is aforesayd, maye hereafter be knowen deuided and vsed in seueralty from the other tē porall possessions where with they be letten, so that such spiritual per­sons as shalbe incumbentes or owners of the sayde spirituall possessi­ons may haue enioye and receyue the same and other profits & rentes thereof in seueraltye from the other temporall possessions aforesayde, without any interruption or question accordyng to the kynge & que­nes Maiesties most godly intent and meanynge. Be it therfore enacted by thaucthority of this present parlyament that in all cases where the sayd rectoryes, glebe landes, and spirituall possessions, or any part therof is lette dimised or graunted with any of the sayde mannouts, landes tenementes or hereditamentes temporall, vnder one rent vn­deuyded, or where the sayd glebe landes and spyrituall possessions are not certaynlye knowen deuyded or seuered from the other temporall possessions there withall also letten, graunted and occupyed seuerall Cominissions shalbe from tyme to tyme awarded out of the Court of thexchequer to sixe indifferent personnes, whereof thre to be of the spiritually [Page]& thre to be of the temporaltye, geuyng them aucthoritie by bertue of the same, to call before them twelue good and indifferente men inhabyting within the country, wherof euery of them shal haue landes, tenementes, or hereditamentes, of estate of frehold, to the yerely value of fyue pounde at the least, where the sayd rectories, glebe landes, and spiritual possessions doe lye, and the same twelue vppon theyr othes, shall indifferently deuyde and seuer by sufficiente metes and bondes, the sayde glebe landes of the sayde rectories and other spirituall possessions, from the other landes and possessyons with the same letten, and to rate and apporcion howe much yerely rent shall be yerely payde for the sayde rectoryes and other spirituall possessiōs so letten, and howe muche yearelye rente shall be payde for the sayde Manours Landes, Tenementes, or other temporall Hereditamen­tes therewythall letten and graunted, as the same twelue shal vpon their othes & consciēces thinke and iudge to be accordyng to the quā titie and valewe of the thynges so letten and graunted, and the ra­tyng diuision and apporcioning of the sayd entie [...] rente, and the se­neraunce and diuision as well of the sayd glebe landes and spiritual possessions from the other manours landes, tenementes, and hereditamentes temporall, as also of the sayd manours landes tenements, and hereditamentes temporall, from the sayde glebe landes and spi­rituall possessions being certified vnder theyr seales and the seales of the sayde commissioners into the sayd court of Exchequer, shalbe as good and effectuall in the lawe as yf the sayde rate or apporciament of the sayd rent or the diuision and seueraunce of the sayde manours landes tenementes and hereditamentes, had bene made, and done by thauctoritie of this present parliament, any lawe, vse, or custome, to the contrary notwithstandyng.

¶ An Acte for the releife of the pore.
¶ The .v. Chapyter.

TO the intent that ydle and loyteryng persons and va­liaunt beggers may be auoyded, and the impotent, feble and lame, whych are the pore in very dede, shoulde be hereafter well prouyded for.

Be it enacted by the kynge and quene our Soueraygne Lorde and Lady, wyth the assent of the Lor­des spirituall & temporall and the commons in this presente parlya­mēt assembled, & by thaucthoritie of the same, y ^t the statute made in y ^e xxii. yere of the late kyng of famous memorye kyng Henry the .viii. & also y ^t estatute made in y ^e .iii. & .iiii. yeres of y ^e reigne of y ^e famous king [Page]Edwarde the syxte, concernyng beggers vagaboundes, and ydle persones, and euery article, clause, braunche, sentence, and other thynges conteyned in them, and in eyther of them other then suche thynges as shalbe by thys present act otherwyse ordeyned and pro­nided for, shall stande, remayne, and be in there full force and effecte and shalbe also from henceforth iustly & truely put in execution accordyng to the true meaning of the sayde seueral statutes & either of the.

And further be it enacted by thaucthoritie aforesayde, that yere­lye on some one holydaye in the Chrystmas in euery cytie, borough & towne, corporate, the Maior, Baylyffes, or other head officers for the tyme beynge, and in euerye other Paryshe of the countrye the per­sonne, vycar, or curate, and the Churchewardens, hauynge in a re­gester or boke as well all the names of the inhabytauntes and house holders, as also the names of all suche impotente, aged, and nedye persones as beyng within their Cytye, Boroughe towne corporate, or paryshe, are not hable to lyue of them selues, nor wyth theyr owne labor, shall openly in the churche and quietly after diuine seruyce, cal the sayde houshoulders and inhabytauntes together, among whom the Mayre or other hed offycers, and two of the cheyfe inhabytaun­tes in euery such cytye, Boroughes, and Townes corporate, suche as the Maior or other hed offycer shall thynke mete, and the personne vicar or curate and Churchewardens in euery other Paryshe, shal electe nominate and appoynte yerelye two hable personnes or moo, to be Gatherers and Collectoures of the charytable almose of all the resydue of the people inhabytynge wythin the Paryshe whereof they be chosen Colectours for the releyfe of the poore, whiche Col­lectoures the Sondaye nexte after theyr election, or the Sondaye folowyng yf nede requyre, when the people are at the Churche at dyuyne seruyce, shall gently aske and demaunde of euerye man and woman, what they of theyr charitie wylbe rontented to geue wekelye toward the releyfe of the pore, and the same to be wrytten in the said regester or booke, and the sayde gatherers so beyng elected & chosen shall iustly gather and truelye distribute the same charitable almose wekely by them selues or theyr assygnes, to the sayde pore and impo­tēt persones of the sayde cytyes, boroughes, townes corporate, & parishes, without fraude, or couen, fauoure or affection, and after suche sort that the more impotent maye haue the more helpe, and suche as can get parte of theyr lyuing to haue the lesse, and by the disscretiō of the Collectoures to be put in such labour as they be syt & hable to do but none to go or syt openly a beggynge vpon payne lymytted in the aforesayd estatutes.

Be it enacted by thauctoritie aforesayde, that no personne or persones so elected nominated, & appoynted to be gatherer or gathe­rers [Page]as is aforesayde, shal refuse the sayde office, but shal iustly & true­lye execute the same, by the space of one hole yere next ensuynge vpon payne to forfeyte fortye shillinges to the almose boxe of the pore, to be leuyed by the churchewardens, where they or he dwelleth of the goo­des of the sayd gatherer or gatherers so refusyng by distresse.

And further be it enacted by the aucthoritie aforesayde, that the sayd gatherers or collectours, shall make theyr iust accompt, quarter lye to the Maiours or cheife officers, of the sayd cities, boroughes, and townes corporate, & in euery parysh of the countrey, to the personne, bicare, or curate, & churchewardens of the parysh, at which accompt such of the parysh as wyll may be present, & when they go out of their office, they shall delyuer, or cause to be deliuered forthwith vpō thend of theyr accomptes all suche superplusage of moneye as then shall re­maine of theyr collection vndistributed, to be put in the common chest of the Churche, or in some other safe place, to the vse of the poore at the ouersyght and discretion of the Maiours, officers, and other before mencioned. And yf the sayde collectours or anye of them do refuse to make their sayd accompte within eyght dayes, then the byshoppe of the dioces or the ordenary of the place, shall haue aucthorytye, by ver­tue of this act, to compel the sayd person or persons, by censures of the Churche, to make theyr sayde accomptes before suche persons as the sayde Byshoppe or ordenary shal appoynt, and to make immediate payment of the summes wherewyth by determination of the sayd ac­compt they shalbe charged.

And be it further enacted by the aucthoritie aforesayd, that yf anye person or persons beyng hable to further this charitable worke do obstinately & frowardly refuse to giue towardes the helpe of the pore, or do wylfully discourage other from so charitable a dede, the person, vicar or curate, and Churchwardens of the paryshe wherein he dwel­leth, shal then gentlye exhort hym or them towardes the reliefe of the pore, and yf he or they wyl not so be perswaded, then vpon the certifi­cat of the person, vicar or curate of the paryshe to the Byshoppe of the Dyoces or Ordinarye of the place, the same Byshoppe or Ordynarye shall sende for hym or theym to induce or perswade hym or theym, by charitable meanes and wayes, to extende theyr charitie as in this acte is wel ment and entended, and so accordyng to discretion to take order for the charitable reformatiō of euery such obstinat person, and for the better mayntenaunce of this charitable worke, it is ordeyned and establyshed by aucthoritie aforesayde, that where as the late kyng of famous memory kyng Henry the eyghte, by his seuerall erec­tions and foundations hath ordeyned and appoynted any summe or summes of mony to thuse of y ^e pore, not being taken awaye otherwise by act of parliament, whether the same be in any Cathedrall Church. [Page]Colledge, orels where the Byshop of the dyoces for the tyme beynge shall from tyme to tyme examyne how and after what maner y ^e saide mony is bestowed, and calto account the parties which retayne the said mony soo that it may appeare that the same is distributed to the pore, according to the good intent and purpose of the said noble king that graunted the same.

And be it further enacted by the aucthoritie aforesayde, yf it shall chaunce any paryshe to haue in it mo pore and impotente folkes not hable to labor, then the sayd paryshe is hable to releue, that then in euery such paryshe not standing in any Citie or towne corporate, two or thre of the cheife inhabitauntes of the same paryshe, and in euerye citie and towne, corporate, the maior or cheife officers of y ^e same citie or towne corporate, callynge to them two or three of the cheyfe pa­rishioners of the same parishe such as y ^e said maior or hed officer shall thinke mete, shall certifye vnto the Iustices of peace of the Countye where the same paryshe is the number & names of the persons, with which they be succharged, and vpon such certificat, the said Iustices of the peace in the same coūtie or two of thē wherof one to be of y ^e Quorum, shall consider and examyne the sayde certificat, and findinge the same true, shal then graunt vnto such, and as many of the sayd poore folkes as by theyr discretion they shal thinke good, a sufficient licence vnder the seale appoynted for the limitte, to go abrode to begge get & receyue the charitable almes of the inhabytaunts of the country out of the said parishes, cities and townes so surcharged in which licence the places townes and paryshes to which such pore folks are by that licence licensed to resort, shal in the same licence be named limitted & appoynted, be it one hundred or moo, in the sayde countye at the sayd discretion of the same Iustices, and yf anye of the sayde pore folkes so licensed shal transgresse the lymyttes to them appoynted and resorte to begge at other places, than is in the sayd licence named, the partye so transgressynge and offendynge to be taken for a valiaunt begger, and punyshed accordynge to the statute made in the sayde .xxii. yeare of kynge Henrye the eyght, and his or theyr lycence to be taken from them.

And be it further enacted, that where anye of the sayde cities, bo­roughes townes corporate or paryshe so surcharged, is scituate and standyng in one Countye or two Countyes of this realme, or scitu­ate and standynge in one, and immediatelye adioynynge to another County of the realme, as the city of Bristol and townes of Ludloo, & Stanford Stond, that in that cities the sayd Mayer, head officers and inhabitauntes of euery suche Citie Borough, Towne corporate, and Paryshe, shall make certificate vnto the Iustices of the sayde Countyes adioynynge to the same Cities, Boroughes. Townes [Page]porate, and paryshes, and the same Iustices of the sayde adioynyng Countye or Countyes to do, geue licence, and folow the order aboue remembred, accordynge as other Iustices of the Countyes, in whych the Paryshe surcharged standeth, is lymytted and auctorised to do.

And be it also enacted that in all Cities Borowes and Townes corporate, within which be diuers paryshes, the Maior, and hed offi­cers of euerye the same Cities, borowes and townes corporate, shall consider the state and habilitie of euery such paryshe, and yf the same Maior and officers, shall vnderstand by their discretion that the pa­rishioners of any one of the sayd paryshes is of such wealthe and ho­nour that they haue no pouertie amonges them or be hable sufficiētly to releue the pouertie of the paryshe where they inhabite and dwel, & also to helpe and succour pouerty els where further, that then the said Maior and officers with the assent of two of the moste honest & sub­stancial inhabytauntes of euery such welthy paryshe, shal cōsider the nedenesse of thinhabytants of the other parishe, or paryshes within y ^e same city or towne corporate, and moue enduce and perswade the parishioners of the welthyer parishe charitably to contribute somwhat accordyng to theyr habilitie towards the wekely releife succour and consolation of the pore and nedy within the other paryshe or parishes aforesayde, where nede is.

And be it also enacted that all and euerye suche pore folkes as by any suche licence are to be licensed and aucthorysed to resorte oute of the lymyttes liberties and frauncheses of all and euerye such citie boroughe and towne corporate, into anye the sayde countyes to begge, get and gather the charitable almes of good people, shal at all tymes when the same goeth abrode to begge, weare openly vpon him or thē both on the brest and the backe of hys or their vttermooste garmente some notable badge or token to be assigned vnto him by the Maior or head offycers of the same Cytye Borough and towne Corporate or paryshe, with the assent of the Iustyces of the peace that shall graunt the same licence vpon payne to be taken for a valiaunt begger, and to be punished as afore is remembred, and shall also carye hys lycence wyth hym vpon lyke payne. Thys acte to endure to the latter end of the fyrst sessyon of the next parlyament.

Prouyded alwayes, and be it further enacted by the auctho­rytie aforesayde, that thys presente Acte nor anye thynge therein conteyned, shall not extende or bee preiudicyall vnto the Maior Sheryffes, and Cytezens of the Cytye of Chester, for or concernynge any gyfte or graunte of anye annuitie or yearelye rente, here­tofore, made, geuen, or graunted, by the sayde famouse kynge [Page]Edward the syxt, vnto the sayd Maior, Sheryffes, and Cytezens of the sayd citie, goyng out of anye manours, landes, tenementes, and hereditamentes of the Cathedrall churche of Chryst and our Ladye within the citie of Chester, but that the same Maior, Shyryffes, and citezens shall and may from henceforth, receyue, vse, and imploye the same aucthorities, yerelye rentes, or profytes, to suche vses, and en­tentes, and accordyng to the sayde gyfte of the sayde famous Kynge anye thinge in thys presente Acte to the contrarye notwythstan­dyng.

Prouided alwaies and be it enacted by the aucthoritie afore­sayde, that all and euerye summe and summes of monye from hence­forth to be collected or gathered within the citie of London or the ly­berties of the same by vertue of this acte, shalbe payde ouer to the go uernours of the hospitall called the hospitall of Chrystes church within the sayd citye of London for the tyme beynge and shalbe by them from tyme to tyme distributed & bestowed for the releife of the poore of the sayde Cytie, accordynge to theyr wysedomes and discretions, anye thynge in thys acte mencioned to the contrarye notwythstan­dynge.

¶ An Acte agaynst the excessyue takyng of the kyng and the Quenes Maiesties pur­ueyours.
¶ The syxt Chapyter.

FOr the auoydyng of the greate annoyaunce and hyn­draunce commonlye done to the Subiectes of thys realme, by purueyours and takers of beues, wethers Lambes, Calues, all kinds of grayne Butter, Chease bakon, all kyndes of pullayne, and to exchewe here­after not onely the great deceypte ministred and done dayly by the sayd purueyours and takers, but also hereby to auaunce the kyng and quenes maiesties better seruice in the premysses, wyth the contentation of all theyr hyghnes faythfull and moste obedyent subiectes.

Be it therefore enacted by our sayde Soueraygne Lorde and Lady with the assent of the lordes spirituall and temporall, and the commons in this present Parlyament assembled, and by the auctori­tie of the same, that after the feast of the byrth of our Lorde nexte en­sewyng, euerye suche commission as shalbe made, graunted, and dy­rected, to any person or persones, whatsoeuer whereby the same per­son [Page]or persones, or theyr deputies shall haue aucthoritie to take anye Beues, Wethers, Lambes, Calues, or any kynde of salt fyshe, or anye kynd or kyndes of grayne, or any butter in barrelles or other vessels Chease, Baken, Connies, Pigges, Gese, Capons, or Hennes, that the same commission or commissions, shal not extend or continue aboue the space of syxe monethes at the farthest next ensewyng the date of any of the sayde commissions. And after the ende of the sayde sixe monethes euerye of the sayde commissions to be voyde and of no force nor effecte, whatsoeuer wordes matter or sentences shalbe conteined or expressed in any of the same commissions.

And be it further enacted by the auctoritie aforesayde, that in al and euery such commission or commissions to be graunted after the sayd feast of the byrth of our lorde, shalbe playnely as wel conteyned and expressed such countye or countyes, as any of the sayd beues, wethers, lambes, calfes, hogges or swyne, or any kynd of salte fyshe, or any kynde or kyndes of grayne, butter, chease, bakon, connyes, pyg­ges, gese, capons, or henes, or any of thē, is to be leuyed, purueyed or taken in, by any of the person or persones or their deputie or deputies so aucthorised by the vertue of the sayd commission or commissyons, as also the iust, true, and full proporcion and number of al and euerye such beues, wethers, lambes, calues, swyne, any kynd of salte fishe, or any kynde or kyndes of grayne, butter in barelles or other vesselles, chease, bakon, connies, pigges, gese, capons and hennes, or any of thē as the sayde person or persones theyr deputye or deputies or anye of them shalbe by force and vertue of the sayd commission or cōmissions auctorised to leuye take or puruey within anye of the sayde countye or countyes.

And be it further enacted by the auctoritie aforesayd, that to euery such commission or commissions after the sayde byrth of our lorde to be made graunted and directed as is aforesayd, shalbe annexed so many blanckes in parchement as there shalbe seuerall countyes ex­pressed named and conteyned within the sayde commyssyon or com­missions or anye of them, in the whyche blanckes shalbe faire and le­geable wrytten all and euerye suche beues, wethers, lambes, calfes, swyne, any kynd of salt fyshe, or any kynd or kyndes of graine butter chease bakon, connyes, pygges, gese, capons and hennes, wyth the true and seuerall prices of the same, and euery of thē as shalbe leuied gathered and purueyed, by any person or persons theyr deputie or deputies, or any of them, as shalbe therevnto aucthorised by any suche commission or commissions aforesayde within any perticuler towne paryshe or hamblet, set, lying, and being, within any those countye or counties, as shalbe named, conteyned, and expressed, within the said [Page]commission or commssyons, or anye of them wherevnto shalbe sub­scribed the name or fygne manuell of all and euery suche hyghe con­stable or constables, petie constable or constables, headborow or head borowes as shalbe by anye precept to hym or them directed, by anye person or persones, theyr deputye or deputies, or any of them, auctori­sed therevnto by such commission or commissyons to be graunted, as is aforesayd, priuie or knowledgyng to the delyuerye of the sayde be­ues, wethers, lambes, calues, any kynd of saltefyshe, or anye kynde or kyndes of grayne, butter, chease, bakō, connies, pigges, gese, capōs and hennes, or any of them.

And be it further enacted by aucthoritie aforesayde, that euerye person or persones their deputy or deputies or any of them which shal be by commission or commissons, hereafter to be graunted as is afore sayd, aucthorised to leuye take or purueye, anye beues, wethers, lam­bes, calues, swyne, saltefyshe, or any kynde or kyndes of grayne, but­ter in barels or other vesselles, chease, bakon connyes, pygges, gese capons, and hennes, or any of them, as is beforesayde, shall make a doket or brefe in wrytyng, subscribed with hys or theyr name or na­mes, conteyning al & euery such beues wethers lambes calues swine kynde of salte fyshe, kynde or kyndes of grayne, butter in barelles, or other vessels, chease, bakon connyes pygges gese caponnes, and hen­nes or anye of them, as he or they shall by vertue of the sayd commissi­on or commissions leuye, take, or purueye, wythin anye perticuler towne paryshe or hamlet, sette lyinge and beynge within anye suche countie or counties, as shalbe named conteined and expressed within the sayd commission or commissions or any of them, and the same do­ket or doketes, brefe or brefes, faire and legyablye wrytten and sub­scribed as is aforesayd, shall wel and truely delyuer to the sayde hygh constable petie constable, or hedborow or one of them, at such presente tyme as the sayde beues, wethers, lambes, calues, swyne, salte fyshe kynde or kyndes of grayne butter, chease, bakon, connyes, pygges, gese, capons, and henes, or anye of them shalbe delyuered to them or anye of them vpon payne of forfeyture of .C.markes, of lawefull mo­nye and one yeres imprysonment as often as he shall so offende. The one moyte of whych forfeyture to be to the kynge and queenes maie­sties, and the other moyte to hym that wyl sue therfore in any of the kyng and quenes courte of Recorde, by byll playnte wryte informa­tion or otherwyse, wherein no wager of lawe protection or essoygne to be allowed. All whych doketes or brefes the sayde hyghe constable or constables, petie constable or constables, headborowe or headboro­wes, shall delyuer ouer to the Iustyces of peace at the nexte general sessions to be holden within any of the sayde counties. And that the [Page]same iustices or two of them may and shal from time to tyme certifie the whole number and content of all and euery the sayd dokets and brefes, to the Lord Steward of the kyng and Quenes moste hono­rable houshold, for the tyme beyng, or to the treasurer and Comtrol­ler of the same, or any of them, or to the tresurer and Comptroller of the kyng and Quenes shyppes, yf prouision of any y ^e thynges afore­mentioned be prouided or taken, for the victailing of the nauie, or any of the kyng or Quenes Maiesties shyppes, whereby the seruynge of any of the foresayd Commission or Commissions, & true answeringe of the same shall fully appere.

Prouyded alwayes and be it enacted by thaucthoritie aforesaid, that it shal not be lawful to any person or persons, their deputie or deputyes or any of them, whych shalbe aucthorised by such commission or commissions hereafter to be graunted as is aforesaid, to leuy, take or puruey any beues, wethers, lambes, calues, anye kynd of saitfyshe kynde or kyndes of grayne butter in barrelles or other vesseles, chese bakon, connies, pygges, gese, capons, and hennes, or any of thē other wyse, or in any other sort and maner, then is in seueral estatuts here­tofore for purueyours made ordeined prouided appointed limmitted and expressed, vpon such payne and paynes, as in the said seueral estatutes is conteyned and expressed.

And forasmuch as the good & necessarye lawes heretofore made and prouyded agaynst the abuses and euyll doinges of purueiours are not taken to extende to the vnder takers deputies, & seruants of any such purueyours, by whome therefore the people of thys realme be oftentymes very vncharytablye and vnlawfullye vsed and op­pressed.

Be it therefore enacted by thaucthoritie of this present parliamēt that all and euery such lawes statutes and prouisions as heretofore haue bene made and ordeined against purueiours, and al and euery the paynes penalties forfeyture and losse, conteyned mencyoned, or appointed, in any of the same lawes or statutes agaynst purueyours and takers or any of them, shall also be extended and executed vpon euery of theyr vndertakers, deputies, & seruātes. And al other which by colour shall after the fyrst day of Ianuary nexte commynge, take any victuall or any other thing, by vertue or force of any such commission from any the kyng and Quenes Maiesties Subiectes cōtrary to the tenor and effect of any of the said laws or estatutes, in like maner and fourme to al intentes and purposes, as the same lawes and Estatutes, or any of them, and the paynes and forfeytures therein cō teyned, should, myght, or ought to be executed and extended against Purueyours and Takers them selues or any of them. And as stron gelye and amplye, as yf the sayde vndertakers, deputies, and ser­uauntes [Page]were specially and perticulerly recited and named in euery of the same estatutes.

Prouided always, and be it enacted by thauctoritie aforesaid for the better execution of thys acte, and all other actes concernynge pnrueyours, that all and euerye commission and commyssions that from hencefourth shalbe made & graūted vnto any purueiour or purneyours shalbe wrytten and set fourth from time to time in the Englyshe toungue and not otherwyse.

¶ An Act agaynst the bying of stolen horses.
¶ The seuenth Chapyter.

FOR as much as stolen horses, Mares, and geldings by thenes and their confederates be, for the most part solde exchaunged geuen or put awaye in houses sta­bles, backesydes and other secrete and priuye places. of marketes and faires, and the toll also pryuelye pay­ed for the same, whereby the true owners thereof, be­ing not hable to trye the falshed and couyne betwixt the byer and sel­ler of such horse, mare, or geldynge, is by the common lawes of thys realme without remedye.

Be it therfore enacted by the aucthoritie of thys present parlia­ment that the owner, gouernor, ruler, fermour, steward, baylyffe or cheife keper of euery fayre and market ouerte within this realme, & other the quenes dominions shal before the feast of Easter next, and so yerely appoynt and lymyt oute one certen and speciall open place within the towne, place, field, or circute, where horses, mares, gel­dynges and Coltes, hath bene and shalbe vsed to be sold, in any faire or market ouert in whych sayd certayne and open place as is afore­sayde, there shalbe by the sayd ruler or keper of the said fayre or mar­kette, put in and appoynted one sufficient person, or more to take toll and kepe the same place from ten of the clock before none vntil sonne set of euery day of the foresayde faire and market, vpon payne to lose and forfeyte for euery default, fortye shyllynges, and that euerye toll gatherer hys deputye or deputies, shall duryng the tyme of euery the sayd faires and marketes, take their due and lawefull toles, for eue­ry such horse, mare, geldyng, or colte, at the sayd open place to be ap­poynted as is beforesayde and betwyxt the houres of ten of the cloke in the morning, and the sunne set of the same day, yfit be tedered and not at any other tyme or place, and shall haue presently before him or them at the takyng of the same tole the parties to the bargayne ex­chaunge, gyfte, contract, or puttyng awaye of euery such horse mare, [Page]geldyng or colte, and also the same horse, mare, geldyng and colte, so solde exchaunged or put awaye, and shall then wryte or cause to be wrytten in a boke to be kept for that purpose, the names, surnames, and dwellyng places of all the sayd partyes, and the colour with one speciall marke at the least, of euery such horse, mare, geldyng or colte, in payne to forfeyte at and for euerye defaulte, contrarye to the te­nor hereof fortye shyllynges. And the sayde tolle gatherer or keper of the sayde boke, shal wythin one daye next after euerye suche fayre, or market, bryng and delyuer hys sayde booke to the owner, gouer­nour, ruler, steward, baylyffe, or cheife keper of the sayd fayre or mar­ket, who shall then cause a note to be made of the true number of all horses, mares, geldynges, & coltes, solde at the sayd market or fayre, & shal there subscrybe his name or set his marke therevnto, vpon paine to him that shall make default therin to lose and forfeyte for euery defaulte forty shillynges, and also to aunswere the partye greued, by reason of the same his uegly gence in euery behalfe.

And be it further enacted by the aucthorstie aforesaid, that the sale gyfte exchaunge or puttynge awaye after the laste daye of Fe­bruary now next commyng in anye faire or markette ouerte of anye horse, mare, geldynge, colte, that is or shalbe theuyshelye stollen or feloniously taken awaye from any person or personnes, shall not al­ter take awaye nor exchaunge the propertie of any person or persons to, or from any such horse, mare, geldynge, or colte, vnlesse the same horse, mare, geldyng, or colte, shalbe in the tyme of the sayde fayre, or markette, wherein the same shal be solde geuen exchaunged or putte awaye, openly rydden ledde walked driuen or kept standyng, by the space of one houre together at the leaste, betwyxte tenne of the cloke in the mornynge and the sunne settyng, in the open place of the faire or market wherein commonly horses are commonly vsed to be solde and not with in any house, yarde, backe syde, or other priuye or secret place, and vnlesse al the partes to the bargayne contracte, gyfte, or exchaunge, present in the sayde fayre or market, shall also come toge­ther and bryng the horse, mare, geldyng or colte, soo solde, exchaun­ged, geuen or putte awaye to the open place appoynted, for the tolle taker or for the booke keper, where no tolle is due, and there enter, or cause to be entred their names and dwellyng places, in maner as is aforesayd, with the colour or coloures and one special marke at y ^e lease of euery the same horses mares, geldynges or coltes in the tol­lers boke, or in the kepers boke for that purpose, where no tol is due as is aforesayd, and also paye hym their tole, yf they oughte to paye any, and yf not, then the byer to geue one peny for the entery of their names, and executyng the other circumstaunces afore rehearsed, to hym that shal wryte the same in the said boke, and yf any horse, mare [Page]geldyng or colte, that is or shalbe theuyshelye stollen or taken awaye, shall after the sayde last daye of Februarye nexte commynge, be solde geuen, exchaunged or putte awaye, in anye fayre or market, and not vsed in all pointes accordyng to the tenor and entent of this estatute that then the owner of euery suche horse, mare, geldyng, or colte, shal and maye by force of thys estatute sease or take againe the said horse, mare, gelding, or colt, or haue any action of detinue or repliuin for the same, any sale gyfte exchaunge or puttynge awaye, of any suche horse mare, geldyng, or colte, other then accordyng to thys estatute in any wyse not wythstandynge, the one halfe of all whyche forfetures to be to the Kyng and Quenes Maiestyes, her heyres and successours, and the other to hym or them that wyll sue for the same before the Iustices of peace, or in any of the kyng and quenes maiesties ordina­rye courtes of Recorde, by byll playnte, action of debt, or informati­on, in whyche sutes no protection, essoyne or wager of lawe, shall be allowed.

And be it enacted by thaucthoritye aforesayd that the Iustices of peace of euery place and countye as well within libertyes as with out, shal haue aucthoritie in their sessions within the limittes of their aucthoritie and commission, to enquire here and determine, all offences agaynst thys estatute, as they maye do any other matter triable before them.

Prouyded alwayes, that in euerye suche fayre and markette where any tole is nor shalbe due ne leuiable by reason of the fredome libertye or pryueledge of the sayd fayre or market, the keper or kepers of the boke touchynge the executyon of thys presente acte, shall take nor exact but one penye vpon and for euerye contracte, for hys labor in wrytyng the enterie, concernyng the premysses in maner & forme as is before declared.

¶ An Act for the amendyng of hygh wayes.
¶ The eyght Chapyter.

FOR amendynge of hygh wayes beynge nowe both very noysome and tedious to trauell in, and daunge­rous to all passengers and cariages.

Be it enacted by the aucthoritie of this presente Parlyament, that the Constables and Churche war­dens of euerye Paryshe within thys Realme, shall yerelye vpon the Twesoaye or Wednesdaye in Easter weke, call to­gether a number of the Parochians, and shall then electe and chuse [Page]two honest persons of the paryshe, to be surueyours and orderers for one yeare, of the workes for amendment of the hyghe wayes in theyr paryshe, leadynge to anye market towne, the whych personnes shall haue aucthorytye by vertue hereof, to order and dyrecte the persons and cariages that shalbe appointed for those workes by their dyscre­tions, and the sayd persones so named shal take vpon them the execution of theyr sayd offyces vpon payne euery of them makyng default to forfeyte twenty shyllynges. And the sayd constables and churche wardens shal then also name and appoynt foure dayes, for the amendynge of the sayd wayes before the feast of the natiuytye of S. Iohn Baptyste then next folowyng. And shall openly in y ^e churche the next sonday after Easter geue knowledg of y ^e same foure daies, and vpon the sayd dayes the parochyans shall endeuor them selues to thamen­ding of the sayd wayes, and shalbe chargeable thervnto as foloweth that is to saye, euery person for euery plowlande in tyllage or pasture that he or she shal occupye in the same parishe and euery other person kepyng there a draught or plowe, shall fynde & send at euery day and place to be appointed for thamending of the wayes in that parysh as is aforesaid, one wayne or carte furnished after the custōe of the country. wyth oxen, horses, or other cattell, and all other necessaryes mete to cari thinges conuenyent for that purpose, and also two hable men wyth the same, vpon payne of euery draught makyng defaulte tenne shyllynges and euery other housholder and also euery cotiger and la­bourer of that parishe hable to laboure and being no hyred seruaunte by the yeare, shal by them selues or one sufficient labourer for euery of them vpon euerye of the sayd foure dayes, worke and trauell in tha­mendement of the sayd hygh wayes vpon payne of euery person ma­king default to lose for euery day .xii. pence. And if the cariages of the paryshe or any of them shall not be thoughte nedefull by the superui­sours to be occupyed vpon any of the sayd daies, that then euery such person that should haue sent any such caryage, shall send to the sayde worke for euery caryage so spared two hable men there to labour for that daye vpon payne to lose for euery man not so sent to y ^t sayd work twelue pence. And euery person & caryage aboue sayd, shall haue and brynge wyth them such shouels, spades, pyckes, matockes, and other toles, and instrumentes, as they do make theyr owne dyches and fences wythal and such as be necessary for their sayd worke. And all the sayd persons and caryages shal do and kepe theyr worke as they shal be appoynted by the sayde superuisours, or one of them, eyghte hou­res of euery the sayde dayes, vniesse they shall be otherwyse lycensed by the sayd superuysours or one of them.

And be it enacted by the aucthorytye aforesayd that the Stewarde and Stewardes of euerye lete or lawedaye shall therein haue [Page]full power and aucthorytye, to enquyre by the othes of the suters of al and euery thoffences that shal be commytted wythin the lete or lawe day, agaynste euery poynte, and article of thys estatute, and to assesse suche reasonable fynes, and amercyamentes for the same, as shall be thought mete by the said steward. And in default of such enquiry or presentment, the Iustices of peace of euery place or county shal haue aucthoritye to enquyre of the same offences, which shalbe committed within the limites of their commission at euery their quarter sessions and to assesse suche fynes therfore, as they or two of them, wherof one to be of the Quorum, shal thinke mete. And y ^e steward of euery lete and law day shall make estretes endented of all the fynes forfeytures, and amerciamentes, for the defaultes presented before hym & shal deliuer thone part therof sealed and sygned by hym to the balyfe or hygh constable of euery hundred, rape, lath, or wapentake, wherin the defaul­tes shalbe presented & thother halfe to the constable and church war­dēs of the paryshe, wherin the defaultes was made, the same to be ye relye delyuered within sixe wekes after the feast of S. Mychel thar­chaungel, & the clarke of the peace shal make the like estretes endēted of the fynes forfeytures and amerciamentes for the defaultes presen­ted before the Iustices of peace and shall seale subscrybe & deliuer the same, in lyke sort as is aforesayd the which estreates & euery of them shalbe a sufficiente warrant to the sayd bailife or chefe constable to leuye the said amerciamētes, fines, and forfeytures, by way of distresse And yf no suffycient distresse can be found by the said bailyffe or head constable, or yf the sayde offender shall obstinatlye refuse to paye the sayd amerciament, fyne, or forfeyture, and do not pay the same with­in twentye dayes after a lawefull demaunde of the same by the sayd officer, that then euery suche person to forfeyt the double somme that he shoulde before haue payde.

And be it further enacted, that euery of the sayde baylifes & heade constables shall at the leaste once euery yere betwixt the fyrst daye of Marche & the last day of Apryl, make a true accompt and paiment of al such sommes of money (to the constable & churchwardēs of euerye paryshe wherein the offences was committed or to two of them) as he shall haue collected vpon anye of the aforesayde estreates, vppon payne to forfeyte for euery time he shall not so do .xl. shyllynges.

And be it enacted by thauctoritie aforesayde, that all fynes amer­ciamentes and forfeytures which shalbe dew for any offence against the puruey of this estatute, shalbe to the churchwardens of euery pa­rishe wherin thoffences shalbe commytted to be bestowed of the high ways in the sayd paryshes, and the sayde churchewardens shal haue aucthoritie to call the sayde baylyfe and headconstable to accompt be fore the Iustices of peace or two of them wherof one to be of y ^t Quorum [Page]by byl, information or otherwyse. The whych Iustices shal haue auctoritie to take the sayde account, and to committe the sayd bailife or head constable to prison, there to remayne vntil he shal pay al such arrerages as shalbe adiudged by the sayd Iustyces, & euery of the said baylyfes, & head constables vpon their accomptes shal haue allowed for euery pounde he shall collect & pay .viii. pence for his owne paines and .xii. pence for the fees of the clerke of the peace or stewarde of the late for thestrates endented of euery seuerall paryshe that they shall deliuer as is aforesaid, & the successours of euery churchwardens shal haue the lyke action of accompt agaynste their predecessoures as is before apoynted agaynst the baylyffes. Thys acte to contynue for seuen yeres next after the begynnyng of this parliament. And to y ^e end of the next parlyament then next folowyng.

¶ An Acte to auoyde diuers licenies of houses wherin vnlawefull games be vsed.
¶ The .ix. Chapyter.

MOste humblye besecheth the Quenes moste excellent hyghnes your louing and obedyente Subiectes, the commons in this your present parliament assembled that where by reason of dyuers sundry licenses here­tofore graunted to diuers persons, aswell within the citie of London, and the Suburbes of the same as also in dyuers other places, within your hyghnes realme, for the ha­uynge, mayteyning, and kepyng of houses, gardens, and places for bowlynge, tenyse, disyng, white, and blacke, makyng and marryng, and other vnlawefull games, prohibited by the laws and statuts of this realme, diuers and many vnlawful assembles, conuenticles sedicions, and conspiracies, haue and bene daylye, secretlye practised, by ydle and misruled persones, repayryng to such places, of the whyche robberyes and many other misoemeanours, haue ensued to the brech of your hyghnes peace. For remedye wherof it may please your highnes that it may be enacted by your hyghnes the Lordes spyrytuall and temporall, and the commons in this present parliament assēbled that from and after the feast of the byrth of our lord God then next cō myng, euery lycense, placard, or graunte, made to any person or per­sones, for the hauing maintenaunce, or keping of any bowling alle is disinge houses, or any other vnlawefull games, prohibyted by y ^e lawes and estatutes of thys realme, shalbe from the sayde feaste vtterly voyde and of none effect.

¶ An acte to take examination of prysonners suspected of any man slaughter or felonye. Chapy .x.

WHere in the last Parlyament holden at Westminster amongest other thyngs it was enacted, that such Iustices of the peace as haue aucthoritie, to baile any pr­soner brought before them for any manslaughter or felony, before any bailement or maineprice shold take y ^e examination of the saide prisoner & information of thē that bryng hym of the facte & circumstaunces thereof, and the same or as much thereof as shalbe material to proue the felony, shal put in writyng before they make the same bailement, whych sayd examinatiō together with the said baylement the said iustices shold certify at the next generall goale deliuery, to be holden within the limites of their cōmission, as by y ^e same actmore plainely is conteined & may appere.

And forasmuch as the layd act doth not extend to such prysoners as shalbe brought before any iustice of peace for manslaughter or felony & by such iustice shalbe cōmitted to warde for y ^e suspitiō of such mā slaughter or felonye, & not bailed, in which case examination of suche prisoner & of such as shal bring him, in as necessary or rather more thē where such prisoner shalbe fet to bayle or mainpryce. ¶ Be it therfore enacted by thaucthoritie of thys present parliament, that from hence forth such iustices or iustice before whō any person shalbe brought for māslaughter or felonye, or for suspition therof, before he or they shal cō mit or send such prisoner to ward shall take thexamination of such prisoner & informatiō of those that bring him of the facte & circumstance thereof, & the same or asmuch thereof as shalbe materiall to prone y ^e felony, shall put in wrytyng within .ii. dayes after the sayd examinatiō and the same shall certify in such maner & forme & at such time as theishould & ought to do yf such prisoner so cōmitted or sent to ward had bene bayled or let to mainepryse, vpō such paine as in the sayd former act is limitted & appointed for not taking, or not certifying such exa­minations as in the said former act is expressed. ¶ And be it further enacted that the said iustices shal haue aucthoritie bi this act to bind al such by recognisaūce or obligation, as do declare any thing mate­riall to proue the said māslaughter or felony against such prisoner as shalbe so cōmitted to ward to appeare at the next general gole deliuerie to be holden within the coūtie, citie, or towne corporate, wher the trial of the said māslaughter or felony shalbe, then & there to geue euidence agaynst the partie, and that the said iustices shal certifi y ^e sayd bandes taken before thē in lyke maner, as they shuld & ought to certifye the bandes mētioned in y ^e said former act, vpon the paine as in the sayd former acte is mentioned for not certifying suche bandes, as by the sayd former act is limitted and appoynted to be certified.

An Acte touching weauers.
The eleuenth Chapyter.

FOrasmuch as the weauers of thys realme, haue as­well at thys present parlyament, as at dyuerse other tymes, complayned that the rych and welthy clothy­ers do many wayes oppresse them, some by settynge vp and keping in their houses, diuerse lomes, and kepyng and mayntening them by Iorney men and persones vnskylfull, to the decaye of a great number of artificers, which were brought vp in the sayd science of weauyng, their famylyes and houseshould, some by ingrossyng of loomes into theyr hands, and possession, and lettyng them out at such vnreasonable rents, as the pore artificers are not hable to mayntayne them selues, muche lesse their wyues famylye and chyldren, some also by geuynge muche lesse wa­ges and hyer, for the weauyng and workemanshype of clothe, thē in tymes past they dyd, wherebye they are enforced vtterlye to forsake their arte and occupation wherein they haue ben brought vp.

It is therefore for remedye of the premisses, and for thaduoidinge of a great number of inconueniences which may growe (yf in time it be not forsene) ordeyned establyshed & enacted, by aucthoritie of this present parlyament, that no person vsing the feate or mistery of cloth making and dwelling out of a citie, borough, market towne or corporate towne, shall from the feast of Saint Michel tharchaungel, now next ensewyng, kepe reteine or haue in his or their house or possession anye more or aboue one wollen lome at one tyme, nor shall by anye means directly or indirectly receiue or take any maner proffit gaine or commoditie by lettynge or settyng any lome, or any house wherein anye lome is or shalbe vsed and occupyed, whych shalbe togithers by hym set or let vpon payne of forfeyture for euery weke that any persō shall do contrary to the tenor and true meanyng hereof .xx. s.

And be it further ordeyned and enacted by like aucthoritie, that no wollen weauer vsing or exercisyng the feate or mistery of weuing and dwellyng out of ciiie borough market towne or towne corporat shall after the sayde feast haue, or kepe at any one tyme aboue y ^e number of two wollen lomes, or receyue any poffyt gayne or commoditie be directly or indirectly as is aforesayd by any more then two lomes at one tyme vpon payne to forfeyte for euery weke that any persone shall offende or do to the contrary .xx. s. And it is further ordeined & enacted by lyke aucthoritie that no person whych shall after the saide feast vse exercyse or occupye onely the feate or mysterye of a weuer & not clothmakyng shall duryng the tyme that he shall vse the feate or mistery of a weauer, kepe or haue any tuckyng myll, or shall vse or exercyse the feate or mistery of a tuckinge mille, or dier vpon payne to forfeyt for euery weke that he shall so do, xx. s.

And it is further ordeyned and enacted by lyke aucthoritie that no person whych after the sayd feast shall vse exercyse or occupye the feate or mistery of a tucker, or fuller, shall during the time that he shal so vse y ^t sayd feate or mysterye, kepe or haue any lome in his house or possession or shall dyrectly or indyrectly take any proffyt or commoditie by the same, vpon payne to forfeyte for euery weke twentye shyl­lynges. And it is further ordeyned and enacted by lyke aucthoritie, y ^e no person whatsoeuer whych heretofore hath not vsed or exercised y ^e feate mistery or arte of cloth makyng, shall after the sayde feast make or weaue or cause to be made or wouen any kynd of brode white wolen clothes, but onely in a citie borough towne corporate or market towne, or els in such place or places wher such clothes haue bene vsed to be commonly made, by the space of ten yeares next before the ma­king of this acte, vpon payne of forfeyture for euery cloth otherwyse made fyue poundes.

Prouyded alwayes and be it further enacted by the aucthori­tie aforesayd, that it shall not be lawefull to any persone or persones being a weauer, or that doth or shall vse the act or misterye of a wea­ner or weauing, dwellyng out of a citie, borough towne corporate or market towne, to haue in hys and their seruyce anye more or aboue the number of two apprentyces at one tyme, vpon payne to forfeyte for euery tyme that he shall offend or do contrary to thys braunche, or article, y ^e sūme of tenne poūdes. And further be it enacted by thauctoritie aforesaid that it shall not be laweful to or for any person or persones, to set vp the arte or mistery of weauyng after the said feaste of Sayut Mychel onlesse the same person or persons so setting vp the same art or mistery of weauyng haue bene apprentyce to y ^e same arte or mistery or exercised the same by the space of Seuen yeares at the least vpon payne of twenty poundes, to be forfeyted to the kyng and Quenes Maiesties her graces heires or successours, The one moite of all whych forfeytures shalbe to the kyng and Queenes hyghnesse her heires and Successours. And the other moyte to him or thē that wyll sue for the same in any courte of recorde, by action of debte, byll playnt or information, wherein no wager of lawe essoigne or protection shalbe admitted or allowed for the defendaunt.

Prouyded alwayes and be it enacted by the aucthoritie alore sayde, that thys acte nor any thing therin conteined, shal in any wise extend or be preiudiciall to any person or persones, that doth or shal dwel in the counties of Porke Cumberland Northumberlande and Westmerland, but that they and euery of them shal and may haue & kepe lomes in their howses, and do and exercise al and euery thing & thynges, for or concernyng spynnyng, weauyng, cloth workyng, and clothmakyng in the sayd countie as they or any of them might haue done, or exercised laufully before y ^e making of this estatute, any thing [Page]conteyned in this estatute to the contrary in any wise notwistāding

An acte for the viewing and sealyng of clothes commonlye called brydge waters.
The twelft Chapyter.

WHere before this tyme, the borowes and townes of Brydgewater Taunton and Charde in the countie of Sommersetshere haue bene wel and substancially inhabited occupied mainteined and vpholden, for the most parte by reason of the making of wollen cloths commonly called Brydgewater Taunton & Charde Clothes whych in tymes past were much desired aswell beyond the Seas, as in this realme of England, and thereby the inhabytaunts and pore people of the said borowes and townes, and of the country there aboutes were dayly set on worke and had sufficiente liuing by the same, and where also the sayd townes in tymes past were of gretforce and strength, to serue the kyng and quenes hyghnes progeny­toures and auncesters, kings of this realme. Forasmuch as of late diuers persones inhabiting and dwellyng in the villages hamelettes and smale townes of husbandry in the sayd couutie of Sommersete whych were neuer prentises or skylfull in making of the sayd cloths aswell for their pryuate welths & commodities, as also because they would be out of de we serch of their clothes to be made accordynge to the statute therefore prouided, not regardyng the maintenance of the sayde borowe and townes, nor the common welth of the handye craftes men and other pore people, whych cheifely had there lyuyng and sustenaunce by makyng of the sayd clothes, haue of late daies exercised vsed and occupyed the misteryes of cloth makynge weauing fullynge and sheryng within their houses, and haue soo deceiptfully made wrought and stretched the said clothes, to the infamy and slaū der of cloth making, in such sorte and maner that not onely the same sortes of clothes are growen out of estimation, but also the said townes are in great decaye ruyne and depopulation.

For remedy whereof be it enacted by auctoritie of this presente parlyament, that no person whatsoeuer inhabytyng, or whiche shall hereafter inhabyte within the sayd County shall after the feast of the Purification of our Lady next commyng commonly called Candel mas put to sale any kynde of such clothes as is aforesayd, or cloths of lyke nature makynge and sorte, made or to be made within the sayd countie, except such cloth be fyrst viewed serched and sene in one of y ^e boroughes or townes aforesayde, whether the same be perfectly and [Page]truely made according to the statute, and also that the same be sealed with the Seale of one of the sayd boroughes or townes in such sorte maner and fourme, as in the statute made in the .v. yeare of the reign of our late soueraygne Lorde kyng Edward the .vi. intituled an act for the true making of wollen cloth, is for sealing of clothes, prouided and enacted vpon payne that euery person offendyng or doing cōtra rye to the true meanyng of thys acte, shall forfeyte the cloth sold or y ^e balew thereof, the moyte of all whych forfeytures shalbe to our soue­raygne Lord and Lady the king and Quenes Maiesties, the heires and Successours of the quenes Maiestie, and the other halfe to him or them that wyll sue for the same in anye of the kyng and Quenees Maiesties courte of record, her heyres and Successours, wherin no essoygne protection or wager of lawe shalbe admitted or alowed.

An acte for the inhabytauntes of Halyfaxe touchinge the bying of woulles.
The .xiii. Chapyter.

FOrasmuche as the paryshe of Halyfaxe and other places thervnto adioynyng being planted in the gret wastes and mores where the fertilitie of grounde is, not apte to bryng forth any corne, nor good grasse, but in rare places, and by exceadyng and great industrye of thinhabytauntes. And the same inhabitauntes al­together do lyue by clothmakyng, and the great part of them neyther getteth corne, nor is hable to kepe a horse to cary woles, nor yet to bie much wolle at once, but hath euer vsed onely to repayre to the towne of Halyfaxe and some other nigh thervnto, and there to by vnto the woldryuer some a stone, some two & sume three or foure, according to their habilitie, and to cary the same to their houses some thre, foure .v. and syxe myles of, vpon their heddes and backes, and so to make and conuerte the same either into yarne, or cloth, and to sell the same, and so to buy more wolle of the woldryuer, by meanes of which industry the barreyne groundes in those parties be no we muche inhabyted & aboue fyue hundreth householdes ther newly encreased within these fourty yeares past, whych now are lyke to be vndone and dryuen to beggery, by reson of the late estatute made, that taketh away y ^e wol dryuer, so that they can not now haue theyr woll by such small porci­ons as they were wont to haue, and that also they are not hable to kepe any horses whervpon to ryde or fette their wolles further from them in other places, onles some remedye maye be prouyded. For the remedye whereof be it enacted by the kyng and Quenees Maiesties [Page]by the lordes spirituall and temporal, & commons in this present par­liamēt, & by thaucthorite of the same, that frō henceforth, it shalbe law full to any person or persons inhabiting within the parysh of Halifax to bye any wolle or wolles, at such times as the clothiers may by the same, otherwise then by engrossing & forstalling, so that the persons so bying the same, do cary or cause to be caried y ^t sayd wolles so boughte by them, to the towne of Halifaxe, & there to sel the same to such poore folkes of that & other paryshes adioyninge, as shall worke the same in cloth or yarne (to their knowledge) & not to the rich & welthy clothier nor to any other to sell agayne, and if ether the sayd woldriuer shal sel his sayd wolles at any other place forth of the sayd towne of Halifax or yf any such shal by theyr wolles at Halyfaxe, shall selle theyr wolles that they bought again vnwrought in yarne or cloth, that then euery such offender to lose & forfeyt the double value of the wolle so solde or vttered, y ^e one moyte thereof to be to the king & quenes maiesties, her heyres & successours kinges of this realme, & thother moyte to him or them that wyll sue for the same in any of the king & quenes maiesties courtes of recorde, or before the iustices of peace in theyr sessions, who by vertue hereof in theyr open sessions shal haue auctoritie vpon information, to hear & determyne the same and to make processe agaynste the offenders as in any other case to be determined before them.

¶ An acte for the reedefyinge of foure mylles nere the citie of Herforde. Cap .xiiii.

SHe wen vnto youre maiesties your humble supplyan­tes, the deane & chapter of the cathedral church in the cirie of Herforde, and also the maior & comminalty of the sayde citie, that where vntyll the .xix. yeare of the raygne of the late kynge of famous memory king Hē ry the .viii. the deane & chapyter of the sayd cathedrall church thē beyng were seased in their demean as offee, as in the right of the sayd church of & in two corne milles & two fulling milles set vpō the ryuer of Wie, w ^tin one quarter of a mile of the sayd citie, w ^t the water coming to & going frō the said milles & also with a wear vpon the same riuer thē belonging to the sayd milles, which milles time out of mynde were & haue bene so beneficial for thinhabytants of y ^e said citie that thereby clothmakyng was there greatly encreased, & very much people there inhabyting set on worke, as weauers, fullers, walkers, spynners & carders, wherby the sayd citie was wel occupied, and the inhabitantes therof thē very welthy and riche, and so cōtinued vntyl the sayd, xix. yere of the said late king Henry the .viii. at which time by wrongful suggestion made to the said late king, vpō malice born to y ^e sayd deane & chapter, & by a priuate letter frō the said late kyng by si­nister meanes opteyned, al the sayd four milles wer throwē down & destroyd, by reasō wherof y ^e clothmaking in y ^e said citie vtterlye cessed [Page]And thereby the same citie hath runne in suche extreme ruyne and de caye, that the people there inhabitynge (who before that tyme were there well occupyed in the mysteries aforesayde) are now not able for lacke of worke to get theyr owne liuing to theyr vtter impouerishing and defacing of the sayd citie, whiche is no we so filled with such numbre of poore, as maye not be releiued there, onlesse clothemakynge be there set furthe and maynteyned as it was before, whiche greatelye shoulde encrease agayne, yf the sayde foure mylles, or other for them, were reedified and buylded.

It maye therefore please youre maiesties that it may be enacted by your maiesties, the lordes spirituall and temporall, and the cōmōs in this present parliament assembled, and by thauctoritie of the same, that at any time hereafter, it shalbe lawefull to the sayd dean & chapy ter of the sayde cathedrall churche of Hereforde for the time beyng, or theyr fermoures or assygnes, to buylde, reedify, and set vp, or cause to be buylte, reedifyed, and sette vp of newe, in the places wher the sayd mylles were buylded, or as nere to the sayde places as conuenientlye may be, so it be vpon the soyle or grounde of the sayde deane and cha­piter, foure other sufficient milles, that is to say two corne milles, and two fullyng milles. And that from the time that the sayd foure milles in forme aforesayd, shalbe sufficiently buylded and set vppe, the sayde deane and chapiter and their successours, shall and maye be seased of the sayd milles, and of the water commynge to & goyng from the sayd mylles, and of the fyshinge in the same water, and the wayes and pa­thes leadyng to the same mylles, and of the sayd weare of such estate as the sayd deane and chapter then being, at the tyme that the sayde milles or any of them, were throwen downe or destroied, were seased of the said other milles and of the sayd waters, fyshinges, wayes, pa­thes, and weare, belongynge to the saide foure milles or any of them.

And it may be further enacted by thauctoritye aforesayd that the sayd deane & chapiter of the sayd cathedrall church for the tyme being theyr fermoures or assignes, shall haue tyme to buyld & set vp or cause to be buylt & set vp, the sayd foure mylles in maner and fourme afore­sayd, within the space of eyght yeares next after the fyrst daye of this present parliament. Sauyng vnto al & euery person and persons bo­dies politike and corporate their heyres and successoures, other then y ^e said deane and chapyter and theyr successours, all such ryghtes, sta­tes tytles, and interestes, whiche they or any of them had or ought to haue of and in the premisses, or anye of them, before the sayde milles were throwen downe and destroyed, in suche maner and forme as though this acte had neuer bene had or made.

☞ An act that purueyours shall not take victuals within fiue myles of Cambridge and Oxforde. ¶ The .xv. Chapt.

HVmbly sue to your maiestyes, the societyes, Colleges and companyes, of your true and faythfull subiectes, and dayly orators the scholers and studentes of bothe your maiesties vniuersities, Cambribge and Orforde that wher it hath bene accustomed tyme out of mind that both the said market townes of Cambridge and Oxforde, wherin the sayd two vnyuersityes be set, and the circuite of fyue myles next adioynyng, hath ben free from any charge or molestation of any common takers, or purueyours for vyctuall whereby the sayd markettes, were more plentifullye serued wyth vyctual and the poore estate of a greate multitude of scholers, hauing verye bare and small sustentation thereby releued, and now by the meanes that contrary to the same laudable custome, diuers purueyors & takers haue of late excessiuely frequented the sayd markettes, and thereby gyuen occasyon to make the vyctelles bothe more skante and muche dearer to a notorious decay of scholers, which also daily in thys great derth is like to encrease and be more lamentable, to the hinderance of gods seruyce, the dishoner of the realme, the discomfort of al good and holy men, louyng learnyng and vertue.

It maye therefore please youre maiestyes of your great pytye and haboundaunte fauor and loue towardes your said two vniuersities, beinge the verye two onelye nourses of good learnynge in thys realme, wyth the assent of the Lordes spyrytuall and temporall, and the commons in thys present parliamente assembled, and by the auc­thorytye of the sanie, to enacte, ordayne, and establyshe, that frome henceforthe no maner of purueyor, taker, bager, looder, or other my­nyster, maye or shall take or bargayne for anye kynde of vyctuall or grayne, in any of the sayd markettes or townes of Cambrydge, and the Cytye of Oxforde, nor shall take or bargayne for anye vyctuall wythin the compasse of fyue myles, therto adioynynge withoute the consent agrement or good wyll of the owner or owners, nether shall attempte to cary, take awaye, or bargayne for any maner of grayne, or other vyctuall, bought or prouyded within the sayde, space of fyue myles by anye common minyster, of anye Colledge, hostell, or hall, to be spent wythin any of the sayde Colledges, hostels, or halles, vppon payne of the forfeyture of the quadruple value, of anye suche maner grayne, or vyctuall soo taken or bargayned for, in anye of the sayde markettes, or wythin the sayd space of fyue myles, agaynste the wyll of the owners, as is aboue sayde, or attempted to be taken, caryed awaye or bargayned for beynge prouyded as is aboue sayde, for to be spent in anye the Colledges, hostelles, or halles. And further shall suffer imprysonment for the space of three Monethes wythout bayle or mamepryse and that the Chauncellour or vyce chauncellour or his [Page]Commyssary for the tyme being, in eyther of the sayde vnyuersityes, wyth two Iustices of peace, of the Countye, wherin the sayd vniuer sities be sette shall haue full power by aucthoritye of thys acte, to en­quyre by the othes of .xii. men, of and vpō the defaultes and offences commytred contrary to the tenor therof, and to see due punyshement and reformatyon thereof in forme aforesayde, from tyme to tyme, the one halfe of whych foresayd forfeytures to be to the common treasure of eyther the sayd vuiuersityes respectiuelye to the faulte commytted agaynst this theyr priuilege, the other halfe to the partye that wylsue for the same by action of debte, byll playnt or otherwyse in any courte of Recorde. or before the foresayd Chauncelour his vice chauncellour or Commyssary for the tyme beyng, and two Iustices of peace, as is before expressed.

Prouyded that thys act shall not be put in execution at any tyme or tymes whensoeuer youre Maiestyes, or the heyres or Suc­cessours of your maiestieour Soueraygne Lady, shal please to come to any of both the sayd vniuersities, or within seauen myles of eyther of thē but shalbe in suspence duryng that tyme onely and not longer.

Prouyded alwayes and be it enacted by the aucthoritye afore­sayde, that thys acte or any thynge therin conteyned, shall not in any wyse be preiudicial or hurtfull, to the Mayre Balyffes, and Commi­naltye, of the Citie of Oxford, nor to the Mayre and commynaltye of the towne of Cambrydge, or to theyr successours, for and concerning any of their libertyes, or priuileges, but that they & euery of them and their successoures, respectiuelye, maye haue and vse the same, in suche maner and forme, as they or any of them might or ought to haue don before the makyng of thys act, any thing in thys act conteined to the contrary not wyth standyng.

☞ An act touchyng watermen and barge­men vpon the ryuer of Thamyse.
☞ The .xvi. Chapyter.

WHere as heretofore for lacke of good gouernemente and dewe order, amongest whyrymen, and water­men, exercisynge, vsynge, and occupiynge rowynge vppon the ryuer of Thamyse, there haue diuerse and many mysfortunes, and mischaunces, happened and chaunced of late yeares past, to agreat numbre of the kyng and Quenes Subiectes, aswell to the nobilitie, as to other the common people, that haue passed and repassed, and bene caryed by [Page]water by reason of the rude ignorant and vnskylfull number of wa­termen, whych for the moste parte bene maisterlesse men, and syngle men of all kyndes of occupations, and faculties, whych do worke at theyr owne handes. And many boyes beyng of smale age, and of litle skyll, and beyng persons out of the rule and obedience of any honest mayster, and gouernour, and do for the most parte of theyr tyme vse dycyng and cardynge, and other vnlawefull games, to the great and euyl example of other such lyke, and agaynst the Common wealth of thys Realme. And all whych sayd euyl and ignoraunt persons, in the tyme of prestyng by commission, for the seruyce of the kyng and que­nes most royal maiesties, vppon the Sea, for that they haue no kno­wen place of abydyng, do for the most part absent and conueye them selues into the Country, and other secret places, practising there rob­beryes, and felonyes, and other euyll detestable factes, to the greate annoyaunce of the common wealth. And so after the sayd cōmissyon of presting ended, oft tymes the sayde euyll persons do repaire againe to their former trade of rowyng, coulouryng their euill dedes, & also diuers of them being very ignoraunt for lacke of conuenient tyme of learnyng & exercise, in y ^t which they myght obteyne sufficient know­ledge of their occupation do ofte times presume and enterprice to re­ceyue dyuerse of of our sayde Soueraygne lord and ladye the kynge and quenes Maiesties louing subiectes, into theyr botes and why­ryes, and do cary and conuey theyr sayde Subiectes, from place to place by water vpon the sayde ryuer of Thamys, wherby diuers per sons haue bene robbed and spoyled of theyr goodes, & also drowned. And for and by the occasion aforesayd, be dayly put in feare & peryll of theyr lyues, the whych is very lamentable & not to be permitted or suffered in any common wealth. And by reason also that a gret num­ber, and the most part of the whyryes, and botes, nowe occupied and vsed, and of late tyme made for ro wyng vpon the sayde ryuer, beune made soo lytle and smale in porcion, and so streighte and narowe, in the bothome, varyinge much from the olde substancial sort, and sure makyng of botes & whiries whych was vsed before the space of .xx. yers last past, in so much as the most part of the botes & whiries vsed at thys day bene so shallowe and tycle y ^t therby great peryll & daun­ger of drowning hath many tymes ensued and dayly is lyke to ensue onles some spedye remedy, be herein had and prouyded.

For reformation whereof, be it enacted by the kynge and quee­nes Maiesties the lordes Spirituall and Temporoll, and the Com­mons in this present Parlyament assembled, and by the aucthoritye of the same. That there shalbe yerely appoynted, chosen, & elected, by the Maior, and courte of Aldermen, of the citie of Londō, for y ^e tyme [Page]beyng the number of eyght persons, of the most wise discret and best sorte of water men beyng housholders, and occupying as watermen vpon the sayd ryuer betwene grauesende and windsore, whych elec­tion shalbe yerely at the fyrst courte of aldermen, to be holden wyth in the sayde citie next after the fyrst daye of Marche, & the same eight persones so elected shalbe named & called the ouerseers, and rulers, of all the whyrymen & watermē, that from & after the sayd first daye of March shall vse occupye or exercyse any rowyng vpon the said riuer of Thamyse, betwixt Grauesend and Wyndsore aforesayde whiche sayd ouerseers and rulers, shal kepe and mayntayne good order and obedience, amongest the sayd watermen accordyng to the true mea­nyng of this present acte.

And also be it further enacted by the aucthoritie aforesayde, that after the feast of Penticost next comming no person nor persōs wher two watermen and not aboue the number of two shal row together in one bote or whyry, in any place or places betwixte Grauesende, & Wyndsore aforesaid shal presume or enterprice to receiue or take any person or persōs into his or theyr bote or whyrie, to the intent to cari or conuey hym or them therein onles one of the same two watermen haue bene for the most parte exercised and vsed in rowyng vpon the sayd ryuer of Thamyse by the space of two hole yeares, before y ^t time And that also one of the same two watermen, at the least be duly ad­mitted and allowed by the same eyght Ouerseers and rulers, or the most parte of them by wryting vnder theyr knowen seale to be a sufficient and hable watermen, vpon payne that euery person & persons presumyng or offending contrary to the true meaning of this present act, shall by the sayd eyght ouerseers or rulers be commytted to pry­son in one of the Counters of the citye of London, ther to remaine by the space of one moneth, or lesse as the offence shall requyre.

And also be it further enacted that no person nor persones be­yng single men not kepyng houseshould and not reteyned, shall from and after the sayd feast of Pentecost next comming vse or exercise to rowe betwene Grauesend and Wyndsore aforesayd, onles he or they be prentise or prentyses, or in seruyce retayned with a mayster by the hole yere at the least vpon payne of lyke imprysonment.

And also be it further enacted that the Lord Maior of London and the Aldermen of the same Citie, and the Iustices of peace, wyth­in the shyres next adioynyng to the sayd ryuer of Thamyse, euery of them within theyr seuerall iurisdictions and aucthorities shall haue full power and aucthoritie by vertue of thys present acte, vpon complaynt made to them or any of them by the sayd ouerseers and rulers, or two of them, or the maister or maysters of any such seruaunts not [Page]onely to examyne, here, and determyne al complayntes, and offences to be done or commytted by any suche person or personnes, that shall offende contrary to the trewe meanynge of thys present acte, and to set at large all and euery such person & persons, as shall fortune to be impry soned by the sayd ouerseers and rulers accordyng to thys acte yf iuste cause shall appere vnto them so to do. But also by theyr good discretions and wisedome to punyshe correct, and reforme, the sayd Ouerseers and Rulers, and euerye of theym that shal vniustely or wythoute good cause or grounde, punnyshe anye personne or per­sonnes, by couloure of thys presente Acte, or anye thyng therein con­teyned.

And be it further enacted by thauctoritye aforesaid, that yf any person or persons whatsoeuer from hence forthe do or shall make any whyrye or bote, to the entent commonlye to vse rowing and carying people vpon the said riuer of Thamis, which shal not be .xxii. fote and a halfe in length, and foure fote and a halfe brode in the midshyppe, or which shal not be substancially and wel hable and sufficient to carye two persons on one syde tight, according to the olde quantitie, scant­lyng, thyckenes of borde, goodnes, and good proportion, heretofore had, and vsed, that then the same bote or botes, so beinge made con­trarye to the proportion and sorte before expressed, shall be taken as forfeyte, and shall be forfeyte, the one halfe thereof to the kynge and Quenes Maiestyes, our sayd soueraygne lord and ladyes vse, and to the vse of the heyres and successours of the quenes maiestye. And the other halfe to hym ortheym that wyll sue for the same, in anye of the kyng and quenes maiesties courtes of Recorde, by action of detinue Byll, Playnte, Information, or otherwyse, wherein noo wager of lawe essoygne, protection, or iniunction, shall be allowed for the de­fendaunt.

And be it further enacted that yf any person or persons, whych from and after the sayd feast, shall vse and exercyse the occupation of rowyng betwyxt Grauesend and Wyndesore aforesayd, whyche in the tyme of the execution of any Commission of prestynge, that shall be hadde for the seruyce of the kynge and Quenees Maiestyes, and the heyres and Successours of the quenes Maiestye, in their affay­res, shall wyllynglye, voluntarylye, and obstinatelye, wythdrawe, hyde, or conueye hym or them selues, in the same tyme of prestynge into secrete places, and oute corners, and after when suche tyme of prestyng is ouerpassed shall retourne and come agayne to the sayde ryuer of Thamise, to rowe betwixt grauesend and Wyndsore afore sayd, & that duely proued by two indifferent wytnes, before the sayd maior & court of aldermen, or Iustyces of the peace & two of the sayd rulers, that then he or they so doyng & offendyng, shall suffer imprisō ment [Page]by the space of two weakes, and be banyshed any more to rowe from thenceforth vpon the sayd ryuer of Thamys, by the space of one hole yere and a daye, then next folowinge.

And be it further enacted, that it shalbe lawefull to the sayd .viii. rulers for the time being. & their successors frō time to time to cōuent and cal before them at some conuenyent place, by them to be appoynted, all and euery such person and persons, which from and after the sayd feast of Pentecoste, shall occupye and vse the sayd trade and oc­cunation of rowing betwixt Grauesende and Wyndsore aforesayde and shall enter and regester the name and names of them, and euery of them that shall be by them allowed or admytted for watermen, to rowe betwyxt Grauesende and Wyndesore aforesayde, in a booke to be made for the same intent and purpose, and to take such further or­der and direction therein, with euerye the sayde partyes, by the auc­thoritye of thys present act, as it shall seme mete and necessary by the discretion of the said ouer [...]eers, and rulers for the time being. And also that the sayd ouerseers and rulers, shall and maye by aucthority of thys act, ouersee, vyewe, and surueye, at al and euery time and times hereafter, al maner botes and whyries, that shal from & after the said feaste be made, before the sayde bote or botes, whyrye or whyryes, be lanched out of the yarde or grounde wherein the same bote or botes, whyry or whyryes, shal fortune to be made, into the said riuer of Thamyse, to the intent that they and euery of thē may be made and prepared in such maner and forme, and according to the goodnes, proporci on and quantitie, in this present act before lymytted and expressed.

And be it further enacted by thauctoritie aforesayde that yf anye person or persons, whych at any tyme hereafter shalbe elected or cho­sen to be a ruler or ouerseer, as before is expressed do happē negligently to vse & exercyse, hys or theyr rowme or place, or y ^t wyll obstinately refuse to take vpon hym or them, the rowme or rowmes, place or places, of any the sayd ouerseers or rulers, that then all, and euery suche offender or offenders so offendyng, shall lose and forfeyte the summe of tyue poundes of lawfull mony of England. The one halfe wherof shalbe to our sayd soueraygne lord and ladye the kynge and quenes matesties vse, and to thuse of the heyres and successours of y ^e queenes maiestie, and thother halfe to hym or them, that wyll sue for the same in any of the kyng and quenes maiesties courtes of record, by action of debt, or by any other the wayes or meanes aboue specified, wherin no wager of lawe, essoyne, protection, or miunction, shalbe admitted or allowed, for the defendaunt or defendauntes.

And be it further enacted by thaucthoritie aforesaid, that the sayde maior and court of aldermen of the said citie of London, for the time beyng, shall from tyme to tyme at theyr discretions limit, set, & assesse [Page]assesse the pryce and pryces, and fūmes of money that euery person or persons, so aucthorised to row as is aforesayd betwyxt Grauesend & Wyndsore aforesayd shal take for hys or theyr labour, or fare frō place to place perticulerly betwixt Grauesende and Windesore aforesayd, and the same pryces and assessementes to be set, shall bryng or cause to be brought to the priuy Councell of oure soueraygne lorde and Ladye the kyng and quene to be viewed and sene by some of the sayd pryuye councel, and after that the sayd assessementes and pryces, shalbe syg­ned and subscribed with the handes of two of the sayd pryuy councell at the least, the sayde Maior and courte of Aldermen for the tyme be­inge shall cause the sayde pryces and assessementes to be wrytten and set vp in tables in the Guylde hall, in the citie of London, Westmin­ster hall, and elswhere, where the sayde Maior and courte of Alder­men shall thinke conuenient. And euery person and persons that shal take for his or theyr fare or laboure aboue the pryces that shalbe asses­sed, viewed, written, and set vp in fourme aforesaid, shal forfeyt for euery such offence fourtye shyllynges, and also shall suffer imprysonment by one halfe yere, the one moite of the said forfeyture to be to the kyng and Quenes Maiestyes, their heyres and Successours, and thother moite therof, to hym or them that wyll sue for the same in anye of the kyng and Quenes maiesties courtes o [...] recorde, by action of debte, or by any other the wayes or meanes aboue specified, wherin no wager of lawe, essoyne, protection, or iniunction, shalbe admitted or allowed for the defendaunt or defendauntes.

And be it further enacted by thauctoritie aforesayd that no person nor persons occupiynge or vsynge any Westerne barge, shall reteyne, take, or receyue into his or theyr seruice, any single person, not keping house or housholde, but onely suche as shall be retayned wyth hym or them by the hole yeare, and no housholder, but such as he or they wyll and shal aunswer for, for hys or theyr good behauior, vpon paine of for feyture for euery such offence fourtye shyllynges, the one moyte therof to be to the kyng and Quenes Maiesties, her heyres and successours and the other moite therof to hym of them that wil sue for the same in any of the kyng and quenes courtes of Recorde by action of debte, or by any other the waies or meanes aboue specified, wherin no wager of lawe essoyne, protection, or iniunction, shalbe admytted or allowed for the defendaunt or defendauntes.

☞ An acte to take awaye the benefyte of clergy from Benet Smith for the murder of Rufforde.
¶ The .xvii. Chapter.

IN most humble wise sheweth vnto your most excellēt hygnesses, & to the lordes and commons in thys pre­sent parliament assembled, your true subiect and day­ly oratryce Margery Rufforde wydow, late the wyfe of Gyles Rufforde, late of Edlesburgh in your graces coūtye of Buckyngham esquyre, deceased, that where one Benedict Smyth late of Edlesburgh aforesaid yoman, otherwise called Benet Smith late of Edlesburgh in the sayd coūty of Buckin­gham gentleman, of his cruel mynde and deadly malyce and hatred whiche he the sayd Benedict had and dyd beare vnto the sayd Gyles Rufforde, he the sayd Benedict in the terme of Easter in the fyrst yere of the raygne of your hyghnes our sayd soueraygne ladye the quene, dyd purchase and comence a wrytte of appeale of robbery returnable in your hyghnes benche commonly called the kynges benche, against the foresayd Gyles Rufford, and other persons supposyng by the same wrytte, and by the declaration therevpon made, that the sayde Gyles Rufforde and the other persons named in the said writte, the seuenth day of Apryll in the sayd fyrst yere, at lytle Gaddesden, in your graces county of Hertford, dyd feloniousely steal, take, and beare away from the person of the said Benedict one cloke, a veluet purse, syxtene poundes ten shyllynges in money humbred, & other thinges of the moneye goodes and cattels of the sayd Benedict, wherevpon the sayd Gyles Rufforde and the sayde other persons named in the sayde wrytte, dyd appeare and were arrayned in the said bench and thervnto plede not gylty and thervpon the sayd partyes were at issue, as by the recordes there remayning in the sayd benche playnly apeareth, the which said issue not being tried, the sayd Benedict Smith, not cessyng to execute his sayde deuelyshe malyce & crueltye, but entendynge vtterlye to di­stroye the sayd Gyles Rufford, & the sayd other persons named in the sayde wrytte, he the sayd Benedict together with one Iohn Godfrey of Edlesburgh aforesayde yoman, the seuen and twenty day of Sep­tember in the fyrst and seconde yeares of your hyghnesses reygnes, at Ware in the sayd county of Hertford did falsly conspyre to endite the sayd Gyles Rufforde and the sayd other persons, of the sayd robberye and felonye mencioned in the sayd wryt of appeale wherevpon they the said Benedict and Iohn Godfrey did then, and there, before your hyghuesses Iustices of general gaole deliuery, then and there holden endyte the sayde Gyles Rufforde, and the sayde other personnes, na­med in the sayde appeale, of the sayd robbery and felony, vpon which sayde mditement, the sayd Gyles Rufforde was afterward then, and there, before the sayd Iustices arraygned, & therevnto dyd plead not gyltye, and put hym selfe vpon the countrey, wherevppon he the sayd Eyles was afterwarde then, and there, thervpon founde not gyltye, as by the recordes thereof playnly appeareth.

And yet the sayd Benedicte Smyth not yet leuyng his sayde vex­ation and malyce, did afterwarde sue forth processe to haue the sayde issue tried betwene him & the sayd Gyles Rufforde ioyned in the sayd wrytte of appeale wherevpon processe continued agaynst the Iurye thervpon retourned in the sayd countie of Hertford, vntyl the said iu­tye dyd appeare in the sayd benche, at a certayne daye, at whiche day the sayd Benedict Smyth with his wytnesses and councellours did geue in euydence to the sayd Iury to proue the said Gyles gilty of the sayd felony, and the sayd Gyles in like maner with his witnesses and councellours dyd geue in euidence to the sayd Iury to proue hym the sayd Gyles not to be gyltye of the sayd felonye, wherevpon the sayde Iurye was charged to trye the sayd issue. And afterward when they were agreed vpon theyr verdite therof, and redy to yelde vp the sayde verditte, the sayde Benedicte beynge solempnelye called in the sayde benche, dyd make defaulte and was nonsuyte in his sayde wrytte of appeale, by reason wherof aswel the sayd Gyles as the sayd other persons named in the said wrytte were discharged of y ^e said sute, against the sayd Smyth, as by the recordes therof remayninge in the sayde bench playnely appeareth, by reason and occasion of all whiche sayde shame, slaunders, vexations, troubles & charges, that the sayd Gyles Rufforde was put vnto thorough the false and sclaunderous means of the sayd Benedict he the sayd Gyles entendyng to recouer agayne part of his sayde charges, dyd afterward in the sayd bench comence & sue a byll of conspiracye agaynst the sayd Benedict Smyth, & Iohn Godfrey for theyr said false and vntrue conspiracie, in procurynge the sayd false indytement, whervnto the sayd Benedict and Iohn God­frye pleded not gyltye, wherevpon they were at issue, and thervpon proces dyd continue in the sayd benche vntyll a wryt of Nisiprius was a warded out of the sayd bench, into the said county of Herford to try the said issue, where at the assyses holden at Hertford in the sayd county of Hertford, in the .xxii. day of Iuly in the fyrst and thyrde yeares of your hyghuesses raygnes, it was founde before the iustices of the said Nisiprius by the Iury therevpon enpanelled, that the sayd Benedicte & Iohn Godfrey were gyltye of the sayd conspiracie, and the sayd iury assessed damages to foure score and ten poundes, & ten poundes for the costes of the sayd sute, as by the recordes of the sayd Nisiprius playn­ly may appeare, synce which sayd verdit so geuen the sayde Benedict Smyth beyng led with the instigation of the deuill, and encreasynge in more mischeif and malyce against the said Gyles, did moue, styrre, labor, hyre, and procure, one Fraunces Coniers, late of London gen­tleman, and one Iohn Spencer, late of London yoman, to murder & kyll the sayde Gyles Rufforde, and promysed the sayde Fraunces and Iohn Spencer forty poundes to commit the said murder, and he the [Page]sayd Benedict dyd geue vnto the sayd Fraunces and Iohn Spencer two Iauelynges and a dagge to commytte the same, wherevpon the sayd Fraunces Conyers, and Iohn Spencer at diuers and seuerall tymes, aswel in your sayd county of Buckyngham as in your graces countyes of Hertforde, Mydd▪ and Hunt▪ dyd go aboute to committe the sayd murder, and at the laste by the great labour and desyre of the sayd Smyth, they the sayd Fraunces and Iohn Spencer afterward that is to wyt, the tenth daye of September last past, at Alconburye Weston, in your graces county of Hunt▪ by the procuremēt aforesayd dyd maliciously and feloniously kyll and murder the sayd Gyles Rufforde, for which murder so committed and after relation therof made vnto the sayd Smyth, he the sayde Benedict Smith, did afterward send to the sayd murderers a rynge of golde, and twenty shyllynges in money, by the forenamed Iohn Godfrey, in part of payment of the sayd forty poundes, as by the seuerall confessions of the sayde murde­rers, and also by the confession of the sayd Iohn Godfrey, and diuers other moost manifestly may appeare, which sayd murder was and is one of the most detestable and heynous murders, all the cyrcumstan­ces consydered, that was done or commytted by suche false practyses conspiracies and deuyses within the time of any mans remembrance within this youre Realme, to the euyll and perylous ensample of all other lyke offenders.

It may therefore please your most excellente hyghnesses the pre­mysses consydered, and for the auoydyng of such detestable murders, hereafter, that it maye be enacted by youre hyghnesses, the lordes spi­rituall and temporall, and the commons in this present parlyamente assembled, & by the aucthorytie of the same, & be it enacted by the sayd aucthoryty, that yf the sayd Benedict Smyth otherwyse called Be­net Smyth, be or shalbe in anye maner of wyse hereafter lawfullye indited in your sayd county of Buckingham, or elswhere, or appealed as accessary to the sayd murder, for the procuryng of the same, and be herevpon founde gyltye by verditte of twelue men, or shal cōfesse the same vpon his arraynement, or shal not aunswere therevnto directe­ly accordynge to the lawes of this your realme, or shal stand wylfully or of malice muet, or shall chalenge peremptorye aboue the numbre of twenty persons, that then he the sayd Benedict shal not be admitted to haue or enioye the priuiledge or benefytte of his clergye, but shalbe put from the same. Any law Statute or custome in this your realme to the contrary notwithstandyng.

¶ An acte touchynge commissions of the peace and gaole delyuerye in townes corporate not beynge Countyes.
The .xviii. Chapter.

WHere the kyng and quenes most excellent highnes and theyr noble progenitours kynges of thys realme, haue heretofore graunted their seuerall commyssions direc­ted aswel vnto the maiors, recorders, and other graue men, and inhabitauntes of certayne aunciente and fa­mous Cityes & to wnes corporat, within theyr realme of Englande, not being countyes in them selues, as also vnto diuers other worshypfull and learned men dwellyng out of the same cytyes and townes corporat, aswell for the kepyng of theyr peace good ordering of theyr people, & executing of their lawes & statutes, within the same Cityes and townes corporat, as also for the delyuerye of theyre maiestyes prysoners remainyng in the gaole there, & after the graun tyng of such cōmyssions theyr maiestyes haue graunted diuers other lyke commyssyons vnto certayne worshipful and learned men of the shyres, lathes, rapes, rydynges, and wapentakes, of thys Realme of England, for the confyrmation of their peace, and also delyueryng of theyr prysoners remaynyng in theyr gaoles within the same shyres, lathes, rapes, rydinges, and wapentakes, which commissions so bearynge a later date, haue bene a supersedeas and cleare discharge vnto all and singuler the sayd former cōmissions granted vnto the sayd cities and townes corporat not being coūtyes in thē selfes, so that the sayd Maior and other graue and chefest officers of euery suche Citye and towne corporate haue bene charged to sue for the renewinge agayne of suche commyssions bothe for the peace and goale delyuerye, to the great expēces, costes, and charges, of the sayd Maior, and other thin habytauntes of such cityes, and townes corporat, & to the great pro­tractyng and delaye of iustice there in the mene tyme. For reformati­on wherof, & for the better auauncement of iustice in the premisses.

Be it therfore enacted by the kyng and quenes maiesties, the lor­des spiritual and temporal and the cōmons in this present parliamēt assembled, and by thauctoritie of the same, that al and synguler com­mission and cōmissions graunted or to be graunted, to any such Citie or towne corporate, not beyng as is aforesayde, a countye in it self for the keping of theyr peace & deliuery of the prisoners remaning in the gaoles of any such citie or towne corporate, not being a countye in it sefe, shall stande, remayne, & be good auaylable and effectuall in the lawe, to al ententes, cōstructions, and purposes, the graūting of any lyke cōmission of peace or gaole delyuery, to any cōmissioner or com­missioners for the conseruation of the peace, or delyuery of the priso­ners remaynyng in the gaole of any shyre, lath, rape, ryding or wapē take, within thys realme of England, bearing date after the sayd cō mission or commissions, graunted as is aforesayd, to any such citie or towne corporate, not beyng as is aforesayd, a county in it selfe, to the contrary notwithstandyng.

¶ An Act towchynge Powdike in Marshelande.
☞ The .xix. Chapter.

WHere in the parliament holden at Westminster in the xxii. yere of the raigne of the late kyng Henri the .viii. ther was an acte made & establyshed for the preserua­tion of Marsheland in the countye of Norf. intituled an act towchyng Powdyke in Marshelande, by the which act it was prouided & enacted, that yf any peruerse and malycious person dyd cut downe and breake any parte or partes of the dike called the newe Powdyke in Marshelande, in the countye of Norff & the broken dike, otherwyse called Oldfielde dyke by Marsheland in the Isle of Elye in the countie of Cambridge, or of any other bancke being pencel of the rynd and vttermoste part of the sayd countrye of Marsheland aforesayd, made for the defence & pre­seruation of the same country of Marsheland, that euery such offence from hence forth by any person or persons cōmitted & done otherwise then in working vpon the sayd bancke or dikes, for the reparing, for­tefieng, and amending, of the same, should be taken, reputed, and ad­iudged felony, and that the offenders and doers of the same, & euerye of them, be adiudged and reputed felons, and that the Iustices of the peace of the sayd countyes of Norff. and Cambrydg within the same Isle, at euery of theyr sessions within the same Isle and coūties to be kept, by thauctoritie aforesaid, should haue ful power to cause enqui­rye to be made of euery such offēce so at any tyme after in forme afore sayd to be commytted & done, and to award lyke processe against euery of the sayd offenders with lyke iudgement & execution of the same yf they or any of them be therof found gyltye, by verdite or otherwise as the sayd iustice hath vsed & accustomed to do vpon other felonyes beinge felonye at the common lawe, as by the recorde of the sayde acte more playnelye appeareth. And albeit the sayde estatute was a verye good and beneficiall statute for the defence of the sayd coun­treye of Marshelande, yet the sayde Statute was and is by one acte and estatute latelye made for the repeale of treasonnes and felonyes in the fyrst yeare of the raygne of our late Soueraygne Lorde kyng Edwarde the syxte, amongeste diuers other thynges clearelye repealed and made voyde, by reason whereof, aswell the sayde countreye of Marsheland, as the inhabytauntes of the same and theyr goodes and cattelles presently stand and remayne in great daunger of drownyng and surroundyng, to theyr vtter impoueryshement and vndo­ynge.

For reformation whereof, be it enacted by aucthoritie of this present parlyament, that the sayd act and estatute made in the said parliament holden in the sayd .xxii. yeare of the raygne of the sayde late kyng Henry the eyght, entituled an act concernynge Powedyke in Marshelande, and al and euery braunch article penaltie & sentence therin conteined shal from the twenty day of Ianuary next cōming be reuiued and stand and be in perfect force strength and effect in the lawe to all entents constructions and purposes as the same was before the repeale thereof had and made. Any thing mencioned and cō teyned in the sayd acte of repeale or anye other lawe or statute to the contrary notwithstandyng.

¶ An acte for the enlargyng of the Duchy of Lancaster.
The twentye Chapyter.

FOR as much as the kyng and quene our soueraigne Lord and Lady cōsidering and regarding the estate of the Duchye of Lancaster being one of the most fa­mous pryncelyest and stateliest peces of our saide so­ueraygne lady the Quenes aunciente enherytaunce, do perceyue and consyder that the possessions & yere­ly reuenues of the sayd Duchye are & haue bene of late greatelye dy­minished, aswell by reason of sundrye gyftes, graunts & seales made by the late kings of famous memory Henry the eyght, and Edward the syxt, late kinges of Englande father & brother to our sayde soue­raygne lady the Quenes highnes as also by reason of sundry exchaū ges made with diuers their louinge Subiectes, of sundrye Man­nours, landes, tenementes, possessions, and hereditamentes, latelye belongynge to the same Duchye, and the manoures, landes, tene­mentes, possessions, and hereditamētes, being receyued and taken in recompence of the sayd exchaunges be not annexed to the sayd duchy but bene in thorder suruey and gouernaunce of other courts and places so by theyr hyghnes taken and receyued in exchaunge.

And forasmuch also, as their maiesties do mynde and intende to preserue, auaunce, mayntayne, and continue, the auncient and honorable estate of the sayd duchye, our sayd soueraygne lorde and ladye therefore be pleased and contented that it be enacted ordeined & esta blyshed by theyr maiesties, with the assent of the lordes spiritual and temporall and the commons in this present parlyamente assembled and by thaucthoritie of the same, that all honoures, Castelles, lorde­shyps, manours, landes, tenementes, possessions, and hereditamēts, [Page]wythin this realme of Englande whych at any time since the .xxviii day of Ianuary in the fyrst yeare of the raygne of our sayd late soue­raygne Lorde kynge Edwarde the syxt, were percell of the possessy­ons of the sayde Duchy of Lancaster or whych were vnited & annexed to the sayd duchy by aucthoritie of parliament, letters patents or otherwise. And which at any time since y ^e said .xxviii. day of Ianuary haue bene geuen graunted alienated bargayned solde exchaūged or otherwyse seuered from the sayd Duchy by our sayd late soueraygn lord kyng Edward the syxte, or by our sayde Soueraygne ladye the Quene that nowe is, or by oure Soueraygne Lorde and Ladye the kynge and quenees Maiesties that now be, to or wyth any person or persons, and whych sayd honours, castels, lorde shyppes, Manoures, landes, tenementes, and hereditamentes, synce suche gyftes, graun­tes, alienations, bargayne, Sales, Exchaunges, or seueraunce ther­of so made as is aforesayde, bene commen or retourned againe to the handes of our sayd late Soueraygne lord kyng Edwarde the syxte or to the handes of our sayde Soueraygne Lady the quene, or to the handes of our sayde Soueraygne Lorde and Lady, the kynge and Quene, or to the handes of her maiestie, her heires and successoures, in possession, reuersion remainder or otherwise by attaynder, eschete forfeyture, purchase, remaynder, or otherwyse. And which now be or remayne in the handes of our sayde Soueraygne lord and ladye the kynge and queenes Maiesties, of anye estate of inheritaunce, shall from the tyme the same came and reuerted agayne, to the handes of our sayde late Soueraygne lord kyng Edwarde the syxte, or to the handes of our sayde Soueraygne lady the Quene, or the handes of our sayde Soueraygne lorde and lady the kynge and quene, by auc­toritie and force of thys acte be vnited and annexed for euer vnto the sayd Duchy of Lancaster, and shalbe adiudged demed and taken for euer, for and as percels and members of the sayd Duchy of Lācaster and that all suche and those of the sayde Manoures Landes, Tene­mentes and hereditamentes, whych be lying within the Countie palentine of Lancaster, shall be of the same nature qualitie kynde and condition, to all intentes constructions and purposes, as others the auncient possessions of the said Duchy lying and beynge within the sayd Countye palentine of Lancaster, be & ought to be, and al those and such of the sayd manoures landes tenementes & hereditaments whych be lying out of the sayd countye palentine of Lancaster shalbe of the same nature qualitie kynd and condition to all intentes con­structions and purposes, as other auncient possessions of the said duchy lying and beyng out of the countye palentine of Lancaster, be & ought to be, and shalbe in y ^e letting settyng order rule surueye receipt and gouernaunce of the chauncelour, councel, and officers of the said [Page] [Page] [Page]Duchy of Lancaster for the tyme beyng, for euermore in lyke and the same manour and fourme, to all intentes and purposes, as others the sayd auncient possessions, belongynge to the sayd Duchye, ben, haue bene, or owen to be.

And that all the sayde Honoures, Castelles, Lordeshyppes, man­nours, landes, tenementes, and hereditamentes, vnited, and annex­ed to the sayd Duchye of Lancaster, by aucthoritie and force of thys acte, and all and singuler giftes, grauntes, leases, letters patents, and wrytynges thereof, or of anye percell thereof hereafter to be made by the kynge and quenes hyghnes, or by the heyres and successoures of her maiestie shall for euermore passe and be made vnder suche of the sayde Duchye, as other the auncyente possessyons of the sayde Duchye, haue vsed to passe, and be made, and not vnder anye o­ther seale or otherwyse, and with the lyke and the same lyuery of sea­son attornements ceremonies orders and circumstaunces in the law and in the same manour and fourm, as other the auncient possessions of the sayd Duchy.

And the letters patentes, charters and wrytinges thereof here­tofore of auncient tyme made, haue vsed and oughte to be made and passed and not otherwyse nor in any other maner and fourme, anye lawe estatute vsage or custome to the contrarye thereof, in any wyse notwythstandynge.

And be it further enacted, ordeyned, and established by thaucto­ritie aforesayde, that oure sayde Soueraygne Lorde and Ladye the kynge and Queene that nowe bene, and the heyres and successoures of her maiestie, maye from tyme to tyme hereafter at theyr libertyes and pleasures, by theyr graces letters patentes, to be sealed with the great seale of Englande, vnite, annexe, lymyt, assygne and appoynte any other theyr honours, Castels, Lordeshyppes, mannours, landes, tenementes, and hereditamentes, lyinge and beynge within thys theyr sayde realme of Englande, vnto theyr sayde Duchye of Lanca­ster, for the further augmentation, honor, and estate of the sayd duchy at theyr wylles and pleasures.

And that all and euerye suche annexynge, lymyttynge, assigne­mente, and appoyntmente, made or to be made by oure sayde soue­raygne Lorde and Lady the kynge and Queene, or by the heyres or Successours of our sayde soueraygne Lady the Quene, of any theyr honours, Castelles, Lordshyppes, manours, landes, tenementes, and hereditamentes, vnto the sayd Duchy of Lancaster, by any their said letters patentes, vnder the greate Seale of England, shalbe as good and auaylable as yf it were done by aucthorytye of parlyament. And that all such honoures, castelles, lorde shyps, mannours landes, tenementes and hereditaments lying and being within the said coū ­tie [Page]palentine of Lancaster, which shall happen to be vnyted and an­nexed to the sayd Duchy by force of any such letters patentes, shal frō the test of the sayd letters patentes, within the order, suruey, rule go­uernaunce iurisdiction lettyng and settyng of the sayd Duchy of Lancaster, for the time beyng as other the possessions of the sayde Duchy, lying and being within the sayd county palentyne of Lancaster, haue vsed and owen to be. And that all other honours, casteles, lordshipes manours, landes tenementes and hereditamentes lying and beynge out of the sayd countye paleutyne of Lancaster, which shal happen to be vnited, and annexed to the sayd Duchy by force of any such letters patentes, shalbe from the test of the sayd letters patentes within thorder surueye rule gouernaunce iurisdiction, lettyng and settyng of the sayd Duchye of Lancaster, as others the possessions of the sayde Du­chye of Lancaster, lying and being out of the sayd county palentyne, of Lancaster, haue vsed and owen to be. Sauyng to all and euery persone and personnes bodyes politike and corporate, theyr heires succes­sours and assygnes, and to theyr heyres Successoures and assygnes, of euery of thē al such ryght tytle interest, entries, conditions, occupations possessiō lease & leases, fees, annuities offyces, rentes, seruices cō mons, profytes, commodities, casements, accions, sutes, demaundes thing & thinges, whatsoeuer which they or any of thē should might or­ought to haue had into or out of any the premisses before the makyng of this act in like & in the same maner fourme & cōdition to al intents constructions & purposes, as yf this acte had neuer bene had or made, any thyng in this acte to the contrary in any wyse notwithstandyng.

Prouided always and be it enacted by thauctoritie aforesaid, that this act or any thyng or thinges therin conteined shal not in any wise extend to enhable or geue any liberty to our said soueraigne lord and lady the kyng and quene nor to the heyres and successours of our sayd soueraygne lady y ^e Quene to vnit & annex to the sayde Duchy of Lancaster, by theyr letters patentes any honors, castels lordshippes, man­nors landes, tenements, or hereditaments, being any part or percel of the auncient inheritaunce of the crown, or of y ^e principalitie of Wales or of the duchy of Cornewall, or of the Earledome of Chester, or anye theyr honours, casteles, lordeshyps, manours, landes tenementes, or hereditaments set lying or being within the counties of Chester and Flynt, or either of them nor to geue annex or assigne to the said duchy of Lancaster, any honours castels, lordshyps, manours, landes, tene­mentes or hereditamentes, exceadinge and amountynge in the hole, aboue the yerely value of two thousand poundes, anye clause, article, or thynge in this acte rehearsed conteyned or specified to the contra­ry thereof in any wyse notwithstandynge.

¶ An acte for the continuation of certayne statutes.
☞ The .xxi. Chapter.

WHere in the parlyament begonne and holden at London the thyrde daye of Nouember in the .xxi. yeare of the raigne of our most dread soueraygne lord of most famous memorye kyng Henry the eyghte, and from thence adiourned to Westmynster, and there holden and continued by diuerse prorogations vnto the dis­solution therof, one act was made and establyshed for the restraynte of caryage and conueyinge of horses and mares, out of thys Realme, and also one other act was there made for the true wynding of wol­les, and one other acte was there made to restrayne kyllyng of wain lynges, bullockes, stiers, and heyfers, being vnder the age of two ye­res, which sayd seueral actes were then made to endure and conty­nue vnto the nexte Parlyamente, as by the sayde seuerall actes more plainely appeareth. And wher also in the same parliament one other acte was made and establyshed for attayntes to be sued for the puny­shmente of periurye vpon vntrewe verdyctes, whiche actes laste be­fore rehearsed were then made and ordeined to continue and endure to the last daye of the next parliament as by the same acte more plain lye at large is shewed and maye appeare.

And where also in the parliament begonne and holden at West­minster the .viii. daye of Iune, in .xxviii. yere of the raigne of our said most dreade soueraygne lorde kyng Henry the eyght, and there continued and kepte vntyll the dyssolution thereof. It was ordeyned and enacted that al and singuler the said actes aboue remembred & euery of thē should continue & endure in theyr force & strengthe and also be obserued & kepte vntyll the last daye of y ^t next parlyamente, as by the same act amongest other thinges therin cōteined more plainly appe­reth. And wher also in y ^e parliament begon & holden at Westminster the .xxviii. day of April in y ^e xxxi. yere of y ^e raigne of our sayd late most dred soueraigne lord king Henry y ^e .viii. & ther cōtinued vntil y ^e .xxviii day of Iune then next folowing, it was ordeined & enacted by thauctoritye of the same parlyament that al & singuler the sayd seueral acts aboue remembred, and euery of them & al clauses, articles, and prouisions in thē and euery of them conteined should continue & iudure in their force & strength & also be obserued & kept vntil y ^e last daye of the next parliament as by the same act amōges other thinges therin conteined more plainely appeareth. And where in y ^e parliament holdē at Westminster in the .xxxv. yere of the raigne of our said late soueraigne lorde kyng Henry y ^e .viii. one act was made for y ^e preseruatiō of wods [Page]to endure for seuen yeres then next folowing, and from thence to the ende of the next parliament, as by the same act more playnelye doth and maye appeare.

And where also at the parlyament holden at Westminster in the xxxvii. yeare of the raigne of the sayd late kyng Henry the eyght, and ther continued and kepte vntyll the dissolution therof, It was ordeyned and enacted that all and singuler the sayde actes aboue mentio­ned & euery of them (excepte the said act made for the preseruation of woodes, as is aforesayde) shoulde continue and endure in theyr force and strength and also to be obserued and kept vntil the last day of the next parliament then nexte folowing, as by the same Act amongeste other thynges therin conteyned more playnely appeareth.

And where also at a session of the parlyamente ended at West­minster the .xiiii. day of March, in the thyrd yere of the raigne of our late soueraygne lorde kyng Edward the syxt, one acte was made for the true currying of lether which acte was made to endure to thend of the next parlyament as by the same acte more playnly appeareth. And where also at the session of a parlyament ended at Westminster the fyrst day of February in the fourth yere of the raygne of our sayde late soueraygne lorde kyng Edward the fyxt, one acte was then and there made concernynge the byinge of rother beastes, and also one other act was then and ther made towchyng the bying and sellynge of butter and chese, whyche sayde seuerall actes was then and there made to endure and continue to the ende of the next parliamente, as by the same seuerall actes more at large doth and maye appeare.

And wher also at the session of a parliament by prorogation holden at Westmynster y ^t .xxiii. day of Ianuarye in the fyfte yeare of the raygne of our sayd late soueraygne lorde kyng Edward the syxt, one other acte was then and there made agaynste regratoures and fore­stalleres to endure to the ende of the nexte Parlyamente, whyche all and synguler the sayde actes aboue mentyoned together wyth the sayde acte concernynge the preseruation of wooddes, at a Parlya­ment holden at Westmynster the fyrst daye of marche in the seuenth yeare of the raygne of our sayd soueraygne Lorde Kynge Edwarde the syxt, and there continued and dissolued the laste daye of the same moneth of Marche, and all clauses articles & prouisions in them and euery of them conteyned were there reuiued and continued to stand in theyr force and strengthe vntyll the laste daye of the nexte parlya­ment.

And where also at the session of a parlyament holden by proro­gation at Westmynster the .xxiiii. daye of October in the fyrst yere of the raygne of our moste gracious Soueraygne Lady the Queenes Maiestie, and there continued and kept vntyl the dissolution therof, [Page]one acte was there made and establyshed agaynst vnlaweful and rebellyous assembles, to endure to y ^e ende of the next parliament as by the same act more playnely doth and may appere. And where also at the same Session of parlyament last before mentioned, al and singu­ler the actes aboue mentioned and before that tyme continued at sō ­dry parlyamentes as is aforesayd, and al clauses articles and proui­sions in them and euery of them conteyned, were ther reuiued and cō tinued to stand in their force and strength vnto the last day of y ^t next parlyament.

And where also at the Sessyon of a parlyament begon & holden at Westminster the .xii. day of Nouember in the fyrst and secōd yers of the reygnes of our most gracious Soueraygne Lord and Ladye the kyng and Quenes Maiesties, and there continued and kept to the dissolution of the same, beyng the .xvi. day of Ianuary then next ensuing, one acte was then and there made against sedicious words and tumors to endure to the ende of the next parlyamēt as by y ^e same acte more playnely doth and may appeare. And where also in y ^e sayd parlyament last before recited, al and synguler the actes aboue mētioned that were before that tyme continued at sondry parliamentes, as is aforesayd, & al clauses articles and prouisions in them and eue­ry of them conteyned were by aucthoritie of the sayd parlyamēt ther reuyued and continued to stand in their force and strength vnto the last day of the next parlyament.

Forasmuch as al and synguler the sayd seuerall Actes aboue mentioned, be good and beneficiall for the common wealthe of thys Realme. Be it therefore enacted ordeyned and establyshed by y ^e king and Quenes Maiesties, our Soueraygne Lorde and Ladye wyth thassent of the lordes spirituall and temporall, and the commones of this present parlyament assembled and by thaucthoritie of the same, that all and synguler the sayd seuerall actes and estatutes aboue mē tioned and rehearsed, and euery of them, and al clauses, articles, and prouysions in them and euery of them conteined, shalbe reuiued cōtinued stand and endure in their full force and strength, to al intents, constructions and purposes, and shalbe obserued and kept in al thin ges vntyll the last day of the next parliament.

An act for the confirmation of a Subsedye graunted by the Clergye.
¶ The .xxii. Chapyter.

WHere the prelates and clergye of the prouynces of Cā terbury, and Yorke haue most louingly and liberally for certayne considerations them mouing giuen and graunted to the kyng and quenes Maiesties a Subsedye of syxe shyllynges of the pounde to be taken and leuied of all and singuler their spirituall promotions within the same seuerall prouynces within the terme of three yeres, now next ensuing in such certen maner & fourme▪ and wyth diuers exceptions and prouisions specified and conteyned in a certaine in­strument by them thereof made and delyuered vnto the Quenes maiestie, as in the same instrument exhibited also in this present parliament more playnely doth appere, the tenor wherof ensueth in these wordes.

The prelates and clergye of the prouynces of Canterburye, and Yorke, beyng lawefully congregated & assembled in a synode vpon great and weyghtye causes to them purposed and among the same well wayed and debated, considering their most bounden duties to the kyng and quenes Maiesties, and how gret and ample benefits, they haue receiued of their munificens and boūteful goodnes for an euydent declaration of their good harts & mindes, in remembraūce of the sayd benefytes with one vniforme agrement accorde and con­sent, and together with most harty good willes haue geuen & graū ted, and by these presentes do geue and graunt to the kyng & quens Maiesties one Subsedy in maner and fourme folowing. That is to saye, that euery Archbyshoppe, Byshoppe, Deane, Archedecon, Pre­bendary, Prouoste, mayster of Colledges, mayster of Hospytalles, person, vycar and euery other person & persons of whatsoeuer name or degre he or they be, enioying any spirituall promotion, or other tē poral possessions of the same spiritual promotions annexed, now not deuided nor seperated by acte of parliamente, or otherwise from the possession of the clergye, shall pay to the kyng and queenes highnes, for euery pounde that he or they may yerely dispend by reason of the sayd Spirituall promotion the summe of syxe shyllynges. And for y ^e true and certayne knowledge of the yerely valewe of the saide pro­motions and euery of them, whereof payment shalbe made, the rate taxation valuation and estimation remayning of record in the king and quenes maiesties late Courtes of the fyrst fruites and tenthes, & nowe in their courte of thexchequer for the payment of y ^e Disme of y ^e Clergye, concernyng all such promotions as be in possessyon of the Clergye, or any other not deuyded by act of parliament or otherwise as is aforesayd, shalbe folowed and obserued without making anye other valuation, rate, taxation or estimation then in the said recorde is comprysed and mentioned.

Prouyded alwayes, that forasmuche as the tenthe parte of the sayd valuation and taxe afore mencioned, shalbe for a tyme vpon cer tayne reasonable considerations and respectes yerelye payde by the sayd Clergye, so that there remayneth onely nine parts to the incumbent clere, thys Subsedye of Syxe shyllynges of the pounde shalbe vnderstand and ment onely of the sayd nyne partes, and of no more.

Also the sayd prelates and Clergye, further doo graunte, that thys Subsedye of Syxe shyllynges of the pounde, of the yerelye va­lue of euery promotion taxed as is aforesaid, shalbe paide to the king and quenes Maiesties, within three yeares next ensuing y ^e date here of that is to say, two shyllynges of euery pound, in euery of the sayde three yeares, the fyrst payment therof to be due at the fyrst day of October next ensuing, which shalbe in the yere of onr Lord God a thou sayd fyue hundreth fyfty and syxe, and the second payment therof to be due in y ^e first day of October, then next folowyng, whyche shalbe in the yeare of our Lorde God a thousand fyue hundred fyfty & seuen the third and last payment thereof to be due at the sayde first daye of October, whych shalbe in the yere of oure Lorde God, a thousande fyue hundred fyfty and eyght, to be delyuered and payde yerelye by such person and persones, as in thys present graunt shalbe appointed to haue the collection thereof, to be payde into the recept of the kyng and Quenes maiesties exchequer, or to such person or persons, place or places, to whom and wher it shall please their highnes to appoint for the receypte therof, before or at the last day of Ianuary in euery of the sayde three yeares, without paying any thing to the receauor or receyuours by theyr maiesties, to be assygned for any dyschardge, acquitaunce, or quietus est, vpon payment and receypte, of the same subse­dye, to be geuen and delyuered, but onely twelue pence, for their ac­quitaunce.

Item the sayd prelates and Clergye also do graunt, that euerye preist, and all other spirituall persons, hauing a pencion by reason of the dissolution of any the late monasteryes, Colledges, fre Chappels Chaunteryes, fraternities, guyldes and hospytalles, or of anye other spirituall dignitie and corporation, now dyssolued and extinguished within any of the sayde prouynces, shal likewise pay to their highnes syxe shyllynges of euery pounde, of the sayd pencions within the said three yeres, at suche dayes and tymes, as is before specyfyed, and for the sure and assartayned payment thereof, a deduction or rectention of the sayd syxe shyllynges shalbe made yearelye in the handes of the payers, of the sayde pencion after the proporcion of two shillings of the pounde euery of the said three yeares to be deliuered and paid vnto theyr maiesties vse at such time and to such persons as the said subsidye of Sixe shillinges of the pounde aforesayd shal be paid vnto.

Item that euery stipendary preist, receauynge annuall stypende of eyght poundes & vnder, being no perpetuitie within the said pro­uynces shall pay vnto their Maiesties vse, sixe shyllyngs eight pence yerely duryng the sayde three yeres at such tyme and to such persons as the sayde Subsedye shalbe payde, & vnder the same penalties, as the rest of the Clergye, do pay for theyr promotions. And y ^t euery prest receyuyng aboue eyght poundes and not aboue ten poundes to pay lykewyse tenne shyllynges. And that euery prest receiuing aboue ten poundes, and not aboue twenty markes to paye thyrtene shillinges foure pence, yerely duryng the sayd three yeares, at such time and to such persones as the sayd subsedy shalbe payde. And that euery preste takyng stipend aboue twēty marks to pay likewise two shillinges of the pounde euery yeare during the sayd thre yeares, in such maner & fourme, as the rest of the clergie do paye for their promotions spirituall. And for defaulte or lacke of payment thereof by the sayd stipendaryes, that enery person vycar and other spirituall person hiryng any prest to serue in any place shalbe answerable for the paiment of y ^e said preist in that behalfe after the sayd rates, and shal or may make retention of his or their wages quarterlie, of so much as the said stipedary is charged with, by this present confession and graunt euery of y ^e said three yeares. Item the said prelates and Clergie further do graunt y ^e euery archebyshoppe and Byshop, and the Sea being vacant euery Deane and Chapiter of the Sea void, shalbe Collectours of this subsedye within their proper Dyocesse duryng the sayd three yeares.

And to thintent the kyng and quenes Maiesties may be surely and duly answered and payde of the sayd Subsedie in maner and forme aforesayd, and the Collectours of the same, throughly charged and dyscharged accordyng to the tenor of this graunt, the saide pre­lates, and clergye do ordeyne and decre with one assent and consent that euery Collectour of the foresayde Subledy, and of euery part & percell thereof, and their lawefull deputie or deputies shall haue full power and aucthoritie by these presents toprocede against euery per­son and persones leyable charged and bounde to pay the sayd Subsedye, or any parte or percel therof denieng refusing or delaying to pay the same, or makyng anye defaulte in the paymente thereof, or anye parte thereof at the daye or dayes that it oughte to be payde, af­ter lawefull warnynge to them giuen personally or at their churches or mansyons, by the censures of the Church. That is to say by suspencion excommunication or interdiction, and also by sequestratiō, of y ^e fruytes and proftytes of their benefices, or promotions spirituall, and to make sale of the same fruytes, and al other remedyes lawefull by their discretions, thought cōuenient, to correct constrayne & compel them and euerpe of them, to the full and vndelayde satysfactyon of [Page]the sayd Subsedye and euery parte and percell therof, and shall also haue lyke power and aucthoritye bothe to absolue them soo payinge, from all the sayde censures and other paynes, and also to release and reuoke all suche processes as shall be made agaynste them or anye of them after they shall haue fullye satisfyed the sayde Subsedye accor­dynglye.

Prouyded alwayes, and it is ordeined and decreed that al and euery person and persons refusynge or neglectynge to paye the sayde Subsedye at tyme conuenyent as is aforesayde, shall for hys or theyr fyrste defaulte or neglygence in not paying the Subsedye according to the purporte and tenoure of thys graunt beare al the charges and reasonable expences of the sayd Collectour or hys deputie in cōming goinge, and demaundyng of the same, and for the seconde tyme lyke­wyse offendyng in none paiment, to paye to the sayd Collector or his deputye the fourthe parte of the sayd Subsedye, ouer and aboue the sayde Summe vpon hym or hys Churche, or personne allotted and taxed, whyche he is bounde to paye and charged by thys acte of free graunte.

Also the sayd prelates and clargye do further ordeyne and decre that yf any person or persons aboue named chargeable to thys Subsedy or any part therof, after the sayd censures and processe executed agaynst hym or them, yet styll obstinatly refuse neglecte or make de­lay, to pay the same or any part therof (as is beforsayd) that they after laweful monition geuen vnto hym or them, so refusyng neglecting or delaying, by the said Collectours or theyr laweful deputy or deputies personallye or at there churches, do styll by the space of thyrtye dayes refuse or neglecte to make payment of the sayd Subsedye, that then and in euery such case, it shalbe lawefull to the sayd Collector or hys laweful deputye, euery such person so refusyng, neglectyng, or delay­ing, and contempnyng the sayd former processes, to depryue, amoue, and destitute from hys or their benefices, spirituall promotion or pencion ecclesiasticall, anye appellation, or inhibytion or other remedye ordinary or extraordinarye not withstandynge, the sayde person soo refusyng, to be and remayne for euer without hope of regresse to such the promotion as he or they shalbe depriued of for the causes aforesaid by any newe presentation of him or them to be made to the same, and that it shalbe lawefull to the patrone of the sayd benefice or benefices or other ecclesiasticall promotions, from which the sayd person or persones soo neglectyng to paye shalbe depryned, to present vnto euerye suche benefyce or promotion spirytuall as yf the sayd incumbent or in cumbentes were deceased.

Item the sayd Clergye further do ordeine and decre, that of so much as the Collectoures shalbe charged with, in their accomptes [Page]clerely to be payde into the receipt of the sayd Exchequer, or to suche person or persons, as it shall please the kyng & Quenes maiesties to appoynte for the receipt of the same, shalbe allowed to the saide col­lectour vpon hys sayd accompt for the same for euery pound six pence by way of reward or in liewe of his charges, collection, portage, and conueying and paying of the sayd Subsedye.

Prouyded alwayes, that no spiritual promotion or any lands, possessions or reuenues, annexed to the same, beyng charged by thys graunt or act of the prouynces of Caunterburye and Yorke, or anye goodes or cattels growyng, beynge or renuynge of the same, or ap­perteynyng to the owners, of the sayd spirituall promotions shalbe charged or made contrybutory to anye fiftene, or anye other Subse­dye already graunted to the kyng and Quenes hyghnes of the laye fee, or hereafter to be graunted duryng the terme of the sayde three yeares.

Item the sayd Prelates and clergye, further graunt, that euerye of the newe erected by shoppes, deanes, prebendaries, peticannones, and preachers shall be charged wyth thys Subsedye for theyr owne portions onely thereof to paye syxe shyllynges of the pounde, wythin the sayd thre yeares as is aboue rehearsed of other byshoppes and spirituall personns, and those portions of rentes and reuenues, whyche theyr hyghnes or any of theyr moste noble progenitours haue geuen vnto them for the mayntenaunce of pore men, scholemasters vsshers gramaryans, chorysters, and other offycers or mynysters, not to be tharged wyth any parte of thys Subsedye.

Prouyded also that euery parson, vicar, or other spirytuall man paying any pention whereof none allowaunce is made, in the valu­ation of hys sayde benefyce in the recordes of the sayde late courte of fyrste fruytes or Exchequer, shall and maye retayne two shyllynges of euery pounde of euery suche pention euery yeare during the sayde thre yeres, to hys owne releyse in consyderation that he is charged to paye his Subsedye of sixe shillinges of the pound out of euery pound of the sayd nyne partes of hys promotion.

Prouyded also that where certayne landes, tenementes, rentes tythes, pentions, portions, fruytes, and other heredytamentes, late­lye belongyng to diuers cathedrall churches, or to other places eccle­siasticall within the sayde prouynces of Caunterburye and Yorke, whyche were geuen and assygned to be bestowed and spente to and vppon the fyndynge and maynteynaunce of certayne Chaunteryes, anniuersaryes, obittes, lyghtes, lampes, and other lyke thynges, en­tentes, and purposes, be of late come into the handes and possessions of the kyng and Quenes Maiesties our soueraygne Lord and Lady by force of a Statute therof, made in the fyrste yeare of the raygne of [Page] [Page] [Page]our late Soueraygne Lorde kyng Edward the Sixt, as by the said statute more playnely appeareth, that the sayde cathedrall churches, and the deanes or presydentes, and chapytours of the same, & al other places and persones to whom the sayd landes rentes and al other the premisses, or any of thē did lately appertayne, shal not be charged to & with any contribution or payment of this Subsedye, of and for that part or portion wherevnto the kynge and quenes highnes be & haue bene intituled or possessed of. But that this sayd subsedie shalbe vnder stand to be chargeable and dewe onely of all and singuler Landes, tenementes rentes, tythes, pencions, portions, fruites and other here­ditamentes, which do yet stil remain not disseuered from the handes and possession of the sayd Cathedrall churches, and other the places & persones aforesayd, and that deduction & allowaunce be made to thē and euery of thē in the sayd paymente of the Subsedy, out of the hole valuation taxation and estimation made for the payment of the sayde disme remaynyng of record, in the kyng and Quenes maiesties court of thexchequer, for that rate and portion which is come to the hands and possession of our sayd late soueraygne Lord or otherwyse seuered from the possessions of the sayd Cathedral churches, and other places and personnes afoesayd, by force of the statute promysed.

Prouyded also that euerye person and vycar whose benefyce is aboue the valuation of fyue pounde and not aboue sixe pounde thyr­tene shyllynges foure pence, after the rate of the late perpetual tenth, shall pay euery yeare of the sayde thre yeares onely, vi. shyllyngs .viii. pence as the sayd stipendaryes do and not otherwyse.

And that al persones and vycares whose benefyces be of the va­luation of fyue poundes or vnder after the rate of the sayde late perpetual tenthe, shall not be charged or chargeable with this subsedye or any parte thereof.

Prouyded alwayes that this Subsedye, graunted by the clar­gye shall not be demaunded or leuyed out of any benefyce house of studentes or Colledge scituate or set within the vniuersities of Oxford & Cambrydge, or of any benefices or other reuenues vnto anye house of studentes, or Colledge of Oxforde and Cambrydge vnited appropri­ate or appertayninge, or of the Colledge of Eton, nyghe Wyndesoure or of the Colledge of winchester, founded by William Wyckham somtyme Bysshope of Wynchester, or of anye poore men, wemen or chil­dren liuing of almes in any hospytalles, almes houses, almes halles, or of any gramer scoles, or of any other Church, or benefyces or of any other reuenues of the sayd houses, Colledges, Hospytalles almes hou­ses, or almes halles, or gramer scholes to anye of them annexed appropryate or otherwyse appertaynynge.

Prouyded also that euerye preiste and other late professed rely­gious [Page]persons, hauing a pentiō by reason of the dissolution of the late monasteris, Colledges, fre chappels, Chaūteries, fraternities, guilds and hospytals, or anye other incorporations, within the prouynces of Caunterbury and Yorke, or any of them, and being of the summe of fourty shyllynges, or vnder, & not aboue, shal not be charged, or char­geable to the sayde Subsedye, or any parte therof for any suche penti­on of fourtye shyllynges, or vnder, any thyng conteyned in this graūt to the contrary notwithstandynge.

Fynallye the sayd prelates and clergye, beynge desirous that the sayde subsedye may be entyrely contented and payd to thuse of y ^e king and quenes maiesties, within the sayd thre yeares, do graunt ordeine and decre, that yf it shall happen in the ende of the sayde three yeares, any arrerages of the sayd subsedye to be behynd vnpayd, by reason of thexilitie or decaye of any benefyce or other spirituall promotion, leyable to this subsedye, that then it shalbe lawefull to euery Archbyshop, and Byshop within theyr seuerall dyocesse, by the counsayle of hys cleargy, & the sea beynge voyde, to the deane and Chapytoure of the sea voyde, to assesse and taxe all and singuler the ecclesiastical promo­tions, within theyr sayd seuerall diocesse, to become contributories to the full satisfaction of the sayde subsedy, the same to be collected leuied and payd the next yeare immediately ensuing the sayd third yeare at the dayes and vnder the paines fourme and qualities aboue limitted Any thyng in this graunt to the contrary notwithstandyng.

And for the true and sure payment of this Subsedye graunted by the sayd prelates and clergye of the prouynces of Caunterburye, and Yorke, according to the tenor purport effect and true meaning of this present instrument, the sayd prelates and clergy most humblye desyre and requyre the kyng and the quenes most excellent maiesties that it may be enacted by aucthoritie of this present parliament, that the prouisions conteyned in the foresayd graunt shall stand good and effectual to al intentes and purposes, mentioned in the sayde graunt. And y ^e all processes and penalties, and al other clauses touching the paiment of the sayd subsedy, and the leuying and collection of the same, and of euery percell thereof, may be by the sayd prelates and Clergy & theyr laweful deputies put in due execution, according to the true mening therof, without incurring any penalties or daungers of anye lawes or statutes of this Realme.

And for the true and sure payment of this Subsedye graunted by the sayd prelates and clergye of the prouynces of Caunterburye and Yorke, according to the tenor purport effect and true meaning of this present instrument.

Be it therfore enacted by the kinge & the quenes maiesties, wyth thassent of the Lordes spiritual and temporall & the commons in this [Page] [Page] [Page]present parlyament assembled and by thauctoritie of the same, that y ^t sayd gyfte and graunt, and euery matter, summe of mony, clause and sentence in the sayd instrument conteined be ratified established and confirmed by thaucthoritie aforesayd.

And furthermore be it enacted by thautoritie aforesayde, that euery person that shalbe appointed to the collectiō and gathering of the sayd subsedy, shall haue full power and aucthoritie to leuie take & perceyue the same Subsedy, by aucthoritie of the censures, of y ^e churche, in maner and fourme as in the sayd instrument of graunt is conteyned, without daunger of the lawes of this realme, or by dystresse vpon the possession of the fermours or occupiers of the landes, and tenementes, chargeable by the said instrument, for or to the paiment of any summe or summes of mony, or otherwyse by the discretyon of the Collectour thereof, and that noo repleuye prohibition or supersedeas, shalbe allowed or obeyed for any person or persones making de­fault of payment of the sayd Subsedye, contrarye to the tenor of the grauntes thereof vntyll such tyme as they haue truelye satisfied and contented al such part and portions as to them in that behalfe appertayneth. And that euery such fermour & fermours their executoures and assygnes that shall fortune hereafter to be charged to and with the payment of the sayd Subsedye, or any part thereof, shal by thaucthoritie aforesayde be allowed and retayne in his hands as much of his yerely rent and ferme, as the summe which he shal fortune to paifor his Lord or Leassor shal extend vnto, extept the sayde fermoure or fermoures their executours and assygnes, by the leasse & graunt y ^t they haue of any parte of the landes and tenementes chargeable to thys Subsedye, or by force of any couenaunt or article therin conteined, be boūden & charged to pay the same, & therof to discharge their leassor and landlord during the terme mentioned in their saide lease.

Prouyded alwayes and be it enacted by thauctoritie of thys present parliament, that euery laye person hauing a spirituall promotion chargeable by this acte, and also hauyng temporall possessions goodes, Cattels, and debtes chargeable to this subsedy graunted by the temporaltie, shalbe charged taxed & set for his saide spiritual pro­motions, with the clergye, and for his said temporal possessions & catteles, with the temporaltie and not otherwise. Any thing afore mētioned to the contrary notwithstanding.

And be it further enacted by thauctoritie aforesayd, that the sayd Archebyshopes and Byshopes, and other persones chargeable to & with the collection of the saide Subsedye of Sixe shyllynges of the pounde, within the sayde Prouynces of Canterburye, and Yorke shall haue vpon euery payment thereof made in the queenes Courte of thexchequer, or ells wher y ^e king & y ^e quenes maiesty shal appoint y ^e [Page]same to be paide a sufficient acquitaunce in writing of such person or persones as their maiesties shall appoynt for the receypt thereof, the same acquytaunce wytnessing the same receypt of as much of y ^t same summe of the same Subsedye as shalbe by anye of them so receiued, & euery such acquitaunce in writinge, sealed and subscrybed wyth the name or names of euery such person or persons, that so by theyr high nesses appoyntment shall receyue any of the sayd summes of monye shalbe as good and effectual in the law, and also a sufficient discharg to all intentes constructions and purposes, as yf it were made by act of parlyament, and that euery person and persones, which shal haue and receyue any such acquitaunce, shal pay but onely two pence for euery of the same acquitaunce.

¶ An acte of a Subsedye graunted to the kyng and quenes Maiesties by the Temporaltye.
¶ The .xxiii. Chapiter.

WE the Lordes & commones in this presente parliamente assembled the kynge and Quenes Maiesties most louyng and obedient subiects, callynge to our remembraunce, the great and sondrye benefytes whyche we haue manye wayes receyued at theyr maiesties most gratious han­des, and considerynge also besydes, the great debtes, wherwith the im­periall crowne of thys realme was charged, when it pleased almightye God fyrst to cal the Quenes maiestie to the gouernaunce of the same the gret intollerable charges, wherwith her maiestie hath bene ma­ny wayes burdened. For some declaration of our mooste bounden dueties, with one assent, and consēt, by aucthoritie of this presēt par­liament, doo geue and graunt to the kyng and queenes maiesties, theyr heyres and successours, kynges of thys realme, one entire sub­sedye, to be rated, taxed, leuied, and payde, at two seuerall paiments of euery person, spiritual and temporall, of what estate, or degre he or they be, accordyng to the tenure of thys acte, in maner and forme folowyng, that is to saye, aswel of euery person, borne within this realme of England, Wales, or other the kyng and Quenes dominyons, as of all, and euerye fraternitie, guylde, corporation, mysterye, brotherhed, and comminaltie, corporated, or not corporated, within [Page]this realme of England, Wales, or other y ^e king & quenes dominions being worth .v. pounds, & vnder ten poūdes, for euery poūd aswell in corne, & the value of euery poūd, y ^t euery such persō, fraternitie, guild, corporation, misterye, brotherhed, & cominaltie, corporate or not cor­porat, hath of his or their owne, or any other, to his or their vse, as al­so plate, stocke, of marchādizes, al maner of corne & blades houshould stuffe & of al other goodes moueable, aswel w ^tin the realme, as wyth out, & of al such sūmes of mony as to hym and thē is or shalbe owing whereof he or they trust in his or theyr consciences surely to be payd except and out of the premysses deducted such summes of monye as he or they owe and in his or their conscience truely intendeth to pay And except also the apparell of such persones theyr wyues and chil­dren belongyng to theyr owne bodyes, sauyng Iuelles golde Syl­uer stone and pearle, eyght pence of and for euery pound, to and for the fyrst payment of the sayd Subsedye, and to and for the seconde payment other eight pence of euery pound. And also of euery person borne vnder the kynge and quenes obeysaunce, and all and euerye corporation fraternitie guyld mysterye brotherhed, and commynal­tye, corporate and not corporate, being worth tenne poundes, in goodes as is afore specified, and vnder the value of twenty poundes shal pay to, and for the fyrst payment of the sayd Subsedye twelue pence and to & for the second paiment, other twelue pence, of euery pound And lykewyse euery person and persons, borne vnder the kynge and Quenes obeysaunce, and euery corporation fraternitie guylde my­stery brotherhed and comminaltye corporate and not corporate, be­yng worth in goodes as is aforesayd, twentye poundes, and soo vp­wardes in goodes as is beforesayde, shall paye to and for the fyrste payment of the sayd Subsedye syxetene pence and to and for the se­conde payment other syxetene pence of euery pound. And also of euerye alyen and straunger borne oute of the Kyng and Queenes obey­saunce aswell denizen as other inhabytinge wythin thys Realme, of euery pounde that he or they haue in coygne, and the value of euerye pound in plate, corne, grayne, marchandyce, houshold stuffe, or other gooddes, Iewels, Cattelles, moueable or vnmoueable, as is afore­sayde aswell wythin thys realme as wythoute, and of all summes of mony to hym or them owyng, wherof he or they trust in hys or theyr conscience or consciences to be payde excepte and of the same premis­ses deducted euerye suche summe or summes of monye whyche he or they doo owe and in hys or theyre conscience or consciences entende truelye to paye, of and for euerye pounde, to fyue poundes, to and for the fyrst paymente of the sayd Subsedye, eyght pence, and to and for the seconde paymente of the sayde Subsedye other eyghte pence of euery pounde. And lykewyse of, and for fyue pounde, and for euerye [Page]pounde, from fyue poundes to ten poundes to and for the fyrste pay­ment of the sayd Subsedye, twelue pence, and to and for the second payment of the sayd Subsedye other twelue pence of euery pounde. And of and for ten poundes to twentye poundes, to and for the fyrst payment of the sayd subsedye .xviii.d (er). and to and for the seconde pay­ment of the sayd subsedye, other .xviii.d (er). of euery pounde. And of and for twenty poundes in good as is before rehearsed, and so vpward, to and for the fyrst paiment of the sayd Subsedie two shillinges, and to and for the second paiment of the sayde Subsedye, other two shyl­lynges of euery pounde. And also that euerye alyen and straunger borne out of the kyng and Quenes dominions, being denizen, or not denizen, not being contributory to any of the rates abouesayd, shall pay to and for the fyrste payment of the sayde Subsedye foure pence and to and for the second payment of the sayd Subsedye, other foure pence for euery polle. And the mayster, or he or she, wyth whom the same alyen is, or shalbe abydyng, at the tyme of the taxation, or taxa­tions therof, to be charged with the same, for lacke of paiment therof.

And be it further enacted by thauctoritye aforesayde, that euery personne borne vnder the kyng and Quenes obeysaunce, and euery corporation, fraternitye, guyld, mistery, brotherhed, and comminalty corporate, or not corporate, for euery pounde that euerye of the same person, and euery corporation, fraternitye, guilde, misterye, brother­head, and comminaltye, corporat, or not corporat, or any other to hys or theyr vse hath in fee simple, fee tayle, for terme of lyfe, terme of yea­res, by execution, wardship or by copy of court role of & in any honors Castels, manors, landes, tenementes, rentes, seruices, heredytamen­tes, annuities, fees, corrodies, or other yearely proffittes, of the yerely value of twentye shyllynges aswell wythin aunciente demayne and other places priuileged, as els where & so vp wardes, shal paye to and for the fyrst paiment of the sayd Subsedye, two shillings of, & for eue­ry pounde, and to and for the second payment of the sayde Subsedye other two shillinges, of and for euery pounde. And euery alien, borne out of the kyng and quenes obeisaunce, in such case to paye at eyther of the sayd paimentes .iii. shillinges of euery pounde, and that al sum­mes, presented, & chargeable by this act, eyther for goods & dettes, or for landes and tenementes & other the premisses as is in thys act conteyned and being no full pound shal be at eyther of the sayd paymen­tes set and taxed after the rate and portion accordynge to the trewe meanyng of thys acte (landes and tenementes chargeable to the dis­mes of the clargy, and yerelye wages due to seruauntes for theyr ye­tely seruyce (other then the kyng & quenes seruauntes, taking yerely wages of fyue poundes or aboue) onely excepted, and forprysed)

And that al Plate, Coyne, Iuels, Goodes, Dettes, and Cattels, [Page]parsonals, beynge in the rule and custody of any person and persons to thuse of any Corporation, Fratermtie, Guylde, Mystery, Brother­head, or any Cominalty, beyng corporate or not corporate, be and shal be rated, sette and charged, by reason of this acte, as the value certy­fyed by the presenters of that certificat, to be sworne of euery pounde in goodes and dettes as is abouesayde. And of euerye pounde in Landes, Tenementes, Annuityes, Fees, Corrodyes, or other yearly profyttes as is abouesayde. And the summes that are before rehersed set and taxed, to be leuyed & taken of them, that shall haue such goods in custodye or otherwyse charged for landes as is before rehearsed.

And the same person, or persones and bodye corporate by thaucto­rytye of this acte shalbe discharged agaynste hym, 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. Except and alwayes forprysed from the charge, and asses­sement of this Subsedye, all Goodes, Cattelles, Iuelles and Orna­mentes of Churches, and Chappelles which haue bene ordeined and vsed in Churches or Chappelles for the honor and seruice of almighty God. And the fyrst payment of the sayd Subsedy, shalbe by thaucto­ritie aforesaide taxed, assessed and rated accordynge to thys acte in euery Shyre Rydynge, Lathe Wapentake Rape, Cytye Boroughe, Towne, and euery other place within this Realme of Englande and Wales, and other the kynges and Queenes Dominions, before the fyfte day of Ianuary next commynge. And the seconde paymente of the sayd Subsedy, shalbe by thauctoritie aforesayde taxed, assessed, & rated before the tenthe daye of Marche, which shalbe in the yeare of our Lorde god a thousande fyue hundred fyftye and syxe. And the particuler summes of euery Shyre, Rydyng, Borough, Towne, and other places aforesayd, with the particuler names of such as are chargeable for and to the sayd fyrst payment of the sayde Subsedye, to be taxed and set by the Commissioners, to the same limited, or two of thē at the least with the names of the hygh Collectours. And in the same fourme shalbe certified in the king and quenes Exchequer before the fyrst day of February next commyng, with the names of the hygh collectoures of the same. And the pertyculer sūmes of euery shire ridinge boroughe towne, and other places aforesayde wyth the pertyculer names of suche as are chargeable for and to the seconde paymente of the sayde Subsedye to be taxed and sette by Commyssyoners, to the same to be lymitted or two of them at the least, wyth the names of the hygh Collectours and in the same forme shalbe certified into the king and quenes Exchequer, before the syxte daye of Apryll which shalbe in the yeare of oure Lorde God a thousande fyue hundred, fyftye and seuen with the names of the hygh collectors. And the saide summes in [Page]maner and fourme aforesayde, to be taxed for the fyrst payment of the sayd Subsedye, shalbe payde into the kynge and Quenes Receypte of theyr Exchequer aforesayde, to the vse of oure sayde Soueraygne Lorde and Lady, before the fyrst day of March, next commynge, and the sayd summes in maner and fourme aforesaid to be taxed for the se­cond payment of the sayde Subsedye, shalbe payed into the receypte aforesayd, to thuse aforesayde, before the twentye day of May which shalbe in the yeare of our Lorde God a thousand, fyue hundred, fyftye and seuen. And the summes abouesayd of and for the sayd Subsedye shalbe taxed, sette asked and demaunded, taken, gathered, leuied, and payde vnto thuse of our sayd Soueraigne Lorde and lady, & theyres and successours of our sayd Soueraygne Lady, in fourme abouesaid aswell within the liberties, fraunchyses, sanctuaryes, aunciente de­mayne, and other whatsoeuer place, exempte or not exempte, as with out except such shyres, places and personnes, as shalbe forprysed in & by this present acte, any graunte, charter prescription vse or lybertye, by reason of anye letters patentes, or other priuiledge, prescription, allowance of the same, or whatsoeuer other matter of discharge here­tofore to the contrarye made, graunted, vsed, or obteyned notwyth­standynge.

And it is further enacted by thauctorytye of thys present parlya­ment that euery such person, aswell such as be borne vnder the kynge and queenes obeysaunce, as euerye other personne straunger borne Denizen or not Denizen, enhabitynge within this realme or within Wales, or other the kyng and quenes dominions which at the tyme of the sayd assessynges or taxations, or of eyther of them, to be had, or made, shall be oute of this Realme, and oute of Wales, and haue goodes or Cattelles, landes or Tenementes, Fees, or annuities, or other proffyttes within this Realme or in Wales, shal be charged and chargeable for the same by the certifycate of the inhabytauntes of the partyes where suche Goodes, Cattelles, Landes, Tenementes, or other the premisses then shalbe, or in such other place where suche per­son or his factour deputye or attorney shall haue his most resort vnto within this Realme or in Wales, in lyke manner as yf the sayde per­son were or had bene at the tyme of the sayde assessynge, within thys realme. And that euery person abydynge or dwellynge wythin thys realme or wythoute this realme, shalbe charged or chargeable to the same Subsedye graunted by this acte, accordynge and after the rate of such yearely substaunce or value of landes, and tenementes, goods, Cattels, and other the premysses as euery person so to be charged shal be set at in the tyme of the sayde assessyng or taxation vpon hym to be made and in none otherwyse.

And furthermore be it enacted by thauctoritie aforesayde, that [Page]for the assessynge and orderyng of the sayd Subsedy to be duely had the Lorde Chauncellor of Englande or the keper of the greate Seale the Lorde treasurer of Englande, the Lorde Stuarde of the kynge and Quenes maiesties householde, the Lorde Presydent of the kyng and Queenes honourable councell and the Lorde Pryuye Seale for the tyme beyng or two of them at the least, whereof the lorde Chaun­celloure of Englande, or keper of the greate seale, for the tyme beynge to be one, shall and maye name and appoynte, of and for euerye shyre and ryding, and other places, aswel within this realme, as in Wales and other the kyng and 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 certayne number of persons of euery of the sayde Shyres, Rydynges, Lathes, Wapentakes, rapes, cities, townes and Isle of Wyght, and euerye other place and other the inhabytauntes of the same, to be commissioners within the same, whereof they be inhabitauntes. And also of and for the honourable householde of the kynge and quenes maiesties, and the Ladye Elizabethes grace, and the Lady Aune of Cleaues, in what shyres or other places the sayde householde shall happen then to be, and the Lorde Chauncellour, and other with him before named, in lyke maner may name and appoynt of euerye other such Boroughe and to wns Corporate, aswell in Eng­lande, as in Wales, and other the kynge and queenes dominions, as they shall thynke requisyt .vi.v.iiii. three, or two of the heade offycers and other sadde honest inhabitauntes of euery of the sayde cities, bo­roughes and townes corporate, accordyng to the number and multi­tude of people beyng in the same, the whiche persones, yf anye such be therevnto named of the sayd inhabytauntes of the sayde boroughes, and townes corporate not beyng counties in them selues, shalbe ioy­ned and put in, as Commissioners, with the persones named, for suche Shyres, and Rydynges as the sayde Boroughes and townes corpo­rate not being coūties in them selues, be set & haue theyr being, which persones so named, for and of the sayde boroughes, and townes corporate not being counties, by reason of theyr dwellyng in the same, shal not take vpon them, ne none of them, to put any part of theyr cōmissi­on in execution for the premysses out of the sayd boroughes, & towne corporate, wherein they beynge so named onely for the same be dwel­lyng, and also not to execute the sayd commission within the borough or towne corporate where they be so dwellynge, but at such days and tymes as the sayd other commissioners for the same shyre, and riding shall therevnto lymytte and appoynte, within the same boroughe or towne corporate, not being county corporate, wherof they so be, and not out of such borough or towne, and in that maner to be aydynge & assystyng with the sayde other cōmissioners in and for the good executyng [Page]of the effect of the sayd cōmission, vpon paine of euery of the said commissioners so named, for euery such citie, borough, and town cor­porate, not beyng a countie, to make such fyne as the sayde other commissioners in the commission of, & for the sayd Shyre, or rydyng so named or thre of them at the lest, shal by their discretions, set and certifye into the kyng and Quenes Excheker, there to be leuyed to the vse of the kyng and Quenes Maiesties, in lyke maner as such or like sūmes had bene set and rated, vpon euery such person for the sayde Subsedy the which commissioners so named, of & for the sayde citie, boroughes and townes, not beyng counties & onely put in the sayde commission by reason of theyr dwellynge in the same, shal not haue any part of the portion of the fees, and rewards of the commissioners, and their cler­kes in this acte afterwarde specifyed. And the lorde Chauncelloure of Englande or keper of the kyng and queenes greate Seale, for the tyme beyng, shal make, and dyrecte out of the courte of chauncery, vnder the kyng and quenes great Seale, seuerall commissions, that is to say, to euery shyre, ryding Lathe, Wapentake, Rape, citie, Towne Borough, Isle, and householde vnto such person, and persones, as by his discretion, and other with hym aforenamed & appoynted in lyke maner and forme as is afore rehersed, shalbe thoughte sufficiente, for the sessyng and leuyinge of the sayd Subsedye, in all shyres, & places accordyng to the true meanyng of this acte, which commissiō for the fyrst payment of the sayd Subsedye, shalbe directed and delyuered to the sayd commissioners, or to one of them, before the fyrst day of Decē ber next comming. And the commission for the second paiment of the sayd Subsedy shalbe directed and deliuered to the sayd cōmissioners or one of them, before the fyrst daye of February, whiche shalbe in the yere of our lorde god, a thousande fyue hundred fyftye and syxe.

And to euery of the sayd commissions, ten cedules conteyninge in thē the tenor of this acte shalbe affyled. By the which commyssyon, the cō missioners in euery such commission, named accordyng to this acte, & as many of them as shalbe appoynted by the same cōmission shal haue full power and auctoritie, to put the effecte of the same commission in execution. And that by auctoritie of this act after such commission to them directed, they maye by theyr assentes, and agreamentes, seuer them selues for thexecution of theyr commission in hundredes, lathes Wardes, Rapes, Wapentakes, Townes, paryshes, and other places within the lymittes of theyr sayd commission, in such fourme as to thē shal seme expedient to be ordered and betwene them to be commoned and agreed, accordyng to the tenour and effecte of the commission to them therein directed vpon which seueraunce euerye persone of thys present parliamente that shalbe commissioner shalbe assigned in the hundred wherein he dwelleth.

Prouyded alwayes, that no person be, or shalbe compelled to be any commyssioner, to and for the execution of thys present act, but onlye in the Shyre where he dwelleth and inhabyteth. And that anye person beynge assygned to the contrarye thereof, in anye wyse shall not be compelled to put in execution the effecte of thys acte, or anye parte therof.

And it is also enacted by thauctoritie of this present parliament that the commissioners, and of euery of them, whych shalbe named, limitted and appoynted accordyng to thys act, to be commissioners in euery such Shyre, Ryding, Lath, Wapentake, Rape, Citie, Towne, Boroughe, Isle, and the sayd housholds or any other place, and none other, shal truly, effectually, and diligently, for theyr part execute the effecte of thys present act, accordyng to the tenor therof, in euery be­halfe and none otherwyse, by any other meanes, wythout omyssyon fauor, dreade, malyce, or any other thyng to be attempted and donne by them, or any of them to the contrary therof.

And the said cōmissioners, and as many of them as shalbe appointed by the said commission, and none other, for thexecution of the said Comission and act, shall for the taxation of the sayde fyrst paymente of the sayd Subsedye, before the syxt day of December next cōming and for the taxation of the sayd seconde paymente of the sayde Sub­sedye shal before the sixt day of February, which shalbe in the yeare of our Lord God, a thousand, fyue hundred, fiftye and syxe, by vertue of the commissions delyuered vnto them, in forme abouesayde, dyrecte theyr seuerall or ioynt precepte, vnto eyght, seuen, syxe, fyue, foure or thre, or mo, as for the number of the inhabitauntes shalbe requisit, of the moste substanciall discrete and honest persons, inhabitauntes to be named by the sayd commissioners, or by as many of them as shall be appoynted by the sayd Commission, of and in hundredes, Lathes, Rapes, Wapentakes, Wards, Parishes, Townes, and other places aswell within liberties, Fraunchises, auncient demaynes, places ex­empted, & sanctuaries, as without within the limyttes of the shyres, Rydynges, Lathes, Wapentakes, rapes, cities, townes, boroughes, or Isle, aforesayd, and other places within the lymyttes of theyr commission, and to the Constables, Subconstables, Bailiffes, and other lyke officers or ministers of euerye of the sayde Hundreds, Townes Wardes, Lathes, Wapentakes, Paryshes, and other places before sayd as to the said Commissioners and euery number of them, or vn­to three or two of them by, theyr discretion in diuision, shal seme expedient as by the maner and vse of that partyes shalbe requisite.

Streyghtly by the same precepte chargyng and commaundyng, the same inhabytauntes, Constables, and other offycers aforesayd, to whome such precept shalbe so directed to appeare in theyr propre per­sons [Page]before the sayd Commissioners, or such number of them as they shall deuide them selues accordyng to the tenor of the sayd cōmission at certayne dayes and places by the sayd commissioners or any number of them as is aforesayd, within Cities, Boroughes or townes corporate or wythout, in any other place as is aforesayd, by theyr discre­tions shalbe limitted thervnto, to do and accomplyshe all that to thē on the parte of the kynge and the queenes Maiestyes, shal be enioy­ned touchyng thys art, commaundyng further by the same precepte that he to whose handes such precepte shall come, shall shewe or dely­uer the same to the other inhabitauntes or officers, named in the said precepte. And that none of them fayle to accomplyshe the same vpon payne of fourty shyllynges to be forfeyted to the kynge and queenes Maiesties.

And it is further ordeined by thauctoritie of this parliament that the sayd day and place prefixed and limitted in the sayd precept euery of the Commissioners, then being in the Shyre and hauyng no suffi­cient excuse for hys absence shal at the sayd day and place prefixed for that parte whervnto [...]e was limitted, appeare in hys proper person, and ther the same commissioners beyng present, or as manye as shall be appoynted by the kyng and quenes Commission, shal call or cause to be called before them, the sayde inhabytauntes and offycers, to whome they haue directed theyr sayd preceptes. And whiche had in cōmaundement there to appeare by the sayd precept of the sayd com­missioners, and if any personnes so warned, make defaulte, vnlesse he then be letten by syckenes or lawefull excuse, and that let then be witnessed by the othes of two credable persons, or yf any appearyng, re­fuse to be sworne in fourme folowing, to forfeite to the king & quenes maiesties fourty shyllinges, and so at euerye tyme appoynted by the sayd Commissioners for the sayd taxations, vnto such tyme the num­ber of euery suche persons haue appeared, & certified in fourme vnder wrytten, and euery of thē so making default, or refusing to be sworne to forfeyte to the kyng and quenes maiestyes fourtye shillynges, and vpon the same apperaunce had, one of the moost substantiall inhaby­tauntes or officer, so being warned and appearyng before the sayde Commissioners, shalbe sworne vpon a booke openly before the Com­missioners in forme folowing. I shal truely enquire 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 dwellyng and abydyng within the lymittes of the pla­ces that I and my felowes shalbe charged wyth, and of other which shall haue hys or theyr most resorte vnto any of the sayd places, and chargeable wyth any summe of monye by thys act, of thys sayd subsedye, and of al other articles that I shalbe charged wyth touching the [Page]sayd acte, and accordyng to the intente of the same, and therevpon as nere as it may, or shall come to my knowledge, truelye to presente and certifye before you the names, surnames, and the best and vtter­most substaunce, and values of euery of them, aswell of landes, tene­mentes, and other hereditamentes, possessions, and profyttes, as of goodes, cattels, detes, and other thynges, chargeable by the said act, without any concelement, fauour, loue affection, drede, feare, or ma­lyce, so helpe me god and the holy contentes of this boke. And euerye other person, that shall appere there yearelye by the sayde preceptes shall make lyke othe, and vpon the othe so taken, as is aforesayde, by the inhabytauntes, and officers, of euery hundredes, warde, wapen­take, towne, or other place, the sayde commissioners shall openly ther rede or cause to be reade vnto them, the sayd rates, and openlye de­clare theffect of theyr charge vnto them, in what maner and fourme they ought and should make theyr certificat, accordyng to the rates, and summes therof abouesayd, and of al maner of personnes aswell of aliens, and straungers denisens, or not denizens, inhabyting with in thys realme, as of such persones as be borne within the kyng and quenes obeysaunce, chargeable to this act.

And of the possessions, goodes, and cattels of fraternities, guilds corporatiōs, brotherheddes, mysteries, and comminalties, and other as is abouesayd. And of persons, beynge in the partyes of beyonde the seas, hauyng goodes, or catteles landes or tenementes, wythin this realme, as is beforesayd. And of all goodes, beynge in the custo­dy of any person or persons, to thuse of anye other, as is aboue sayde, by the whych information and shewyng the sayd persones, shoulde haue such playne knowledge of the true entente of thys present acte and of the maner of their certificate, that the same personnes shal haue no reasonable cause to excuse them by ignoraunce, and after such othes, and the statute of the sayd subsedye, and the maner of the sayde certificat to be made in wrytynge, conteynynge the names and surnames, of euery person, and whether he be borne without the kyngs and Quenes obeysaunce, or within and the best value of eue­rye person, in euery degree, aswell of yerely value, of landes, and te­nementes, and of such lyke possession, and proffytes, as the value of goodes, and catteles, dettes, and euery thing to theyr certificate re­quysyte, and necessarye to them declared, the sayde commyssyoners there beynge, shall by their discretions, appoynte, and lymytte vnto the sayd persones, another day, and place to appeare before the sayde commissioners, and chargyng the sayde personnes, that they in the meane tyme shall make diligent inquirye by all wayes, and menes of the premysses, and then, and there euerye of them, vpon payne of forfeyture of fourtye shyllings to the kyng and quenes maiesties, to [Page]appere at the sayd new prefixed daye and place, there to certyfye, vnto the sayd commissioners in wrytyng, accordynge to theyr sayde charge, and accordyng to the true intent of the sayd graunt of subse­dye, and as to them in maner aforesayd, hath bene declared, and she wed by the commyssyoners, at whych daye and place so to them pre­fixed, yf any of the sayde personnes make default, or appere, & refuse to make the sayd certificat, that then euerye of them soo offendynge to forfeyte to the kynge and Queenes maiesties, fourtye shyllynges, except onely a reasonable excuse of his defaulte, by reson of syckenes or otherwyse, by the othes of two credible persones, there witnessed be had, And of suche as appere readye to make certificat, as is afore­sayde, the sayd commissioners there beynge, shall take and receyue the same certificat and euery part thereof and the names, valewes and substannce of euery person so certified, and yf the same commissyoners see cause reasonable, they shal examine the said presenters therof, and therevpon the sayd commissioners at the sayde daies & place, by theyr agrement among them selues, shall from tyme to time openly there prefyxe a day, at a certayne place, or places, within the limittes of theyr commyssyon, by theyr discretion, for theyr further proce­dyng to the sayd assessinge of the same subsedye, and therevpon, at the sayd day of the sayde certificat, as is aforesayde, taken, the same commyssioners, shall make theyr precept, or preceptes, to the consta­bles, subconstables, Baylyfes, or other offycers, of such hundredes, wapentakes, townes, or other places aforesayde, as the same com­missioners shalbe of, comprising and conteynynge in the same pre­cept, the names and surnames of all persones presented before them in the sayde certificate, 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, cartels, or summes of mo­nye owyng to them, or other substaunce beforesayd then vpon suche person or persones shalbe certified, the same cōmissioners shal make theyr precepte or preceptes directed to the Constable Baylyffes, or other offycers commaunding the same Constable Baylifes, or other offycers to whome such precepte shalbe dyrected, to warne such per­sonnes whose names shalbe comprysed in the saide precepte at theyr mansions, or to theyr persones, that the same personnes named in such preceptes, and euery of them shall personally appere before the sayd commissioners, at the same newe prefyxed day and place, there to be sworne, and examyned, by all wayes and meanes, by the sayde commissioners, of theyr greatest substaunce, and best value, and of al and euery summes of moneye owing to them, and other whatsoeuer matter concernynge the premysses, or any of them, accordyng to this [Page]act, at which day & place so prefixed, the said cōmissioners, then there being, or as many of them as shalbe thervnto appointed by the kinge and quenes cōmission, shall cause to be called the sayd persons, whose names shalbe cōprised in the said precept as is beforesayd, for their examination. And yf any of those persons which shuld be warned, as is beforesayd, to be examined, which at any tyme after the warninge, & before the prefyxed day, shalbe within such place where he may haue knowledge of his sayde appearaunce to be made, make default, & ap­peare not, onlesse a reasonable cause, or els a reasonable excuse, by the othes of two crodible persōs before y ^e said cōmissioners be truly alled­ged for his discharge, that then euery of thē so making defaulte, to be taxed & charged to the kynge and quenes maiesties, with and at the double sūmes of the rate that he shuld or ought to haue bene set at, for and after the best value of his land, or substaunce, vpō him certified yf he had appeared, by the discretion of the commissioners there beyng. And in like maner, yf any of them suspected, as is beforesayd, appeare and refuse to be sworne in fourme folowynge, then euery such offen­der to be taxed, and charged to the kynge and queenes maiestyes, with and at the double sūmes of the rate he shoulde or ought to haue bene set at, for, and after the best value of his substaunce vpon him certified by the sayd persones that made the certificat, as is beforesayde, by the discretions shall trauell with euerye of the personnes, so then and there appearynge, whose names shalbe expressed in the sayd precept, or preceptes, & in whome anye behement suspect was or shal­be had in forme abouesayd, by all such wayes and meanes they can. And further the sayd cōmissioners or as many of them as shalbe here vnto appoynted by the sayd cōmission by their discretions shal openly swere the same person in this maner and fourme folowynge.

I shal faythfully truely, and playnly accordyng to my knowledge she we vnto you, the kyng and Quenes commissioners, and to other by you assigned, the beste and greatest value, or aboue, of all my yere­ly profittes, in Landes, Tenementes, Rentes, or suche other like pos­sessions, yearly profyttes, and fee, and the beste and greatest value of all my goodes and Cattels, & Summes of money to me owynge ac­cordyng to the graunt of this acte of Subsedy, and truelye aunswere to that I shalbe examined of, touchyng the premisses without couyn or deceypt, so helpe me God, and the holy contentes of this boke.

And yf any person that should apeare be excused in forme aforesaid by wytnes of credable personnes, the same persones shabe examined by theyr others, of his or theyr greateste and beste value & substaunce, so lachyng and excused & by the best of theyr certificat, or knowledge, or of the other fyrst certificate, vpon hym or them made, the same per­son [Page]so lacking, & excused of his apearance, to be set, & rated, by the said cōmissioners or otherwyse to be set, & rated, in this case as shall seme best by the discretions of the sayd cōmissioners. And if it happen to be proued by wytnes, his owne confession, or other lawefull wayes, or meanes within one yere after any such othe made, y ^t the same persō so taxed & sworne, was of any greater, or better value, in landes, goods or other thinges aboue specified, at the time of his sayde othe, then the same person so sworne did declare vpon his othe. That then suche per­son so offendyng, shal lose & forfeyt to the king & quenes maiesties, as much more in lawful money of England, as the same persō so sworue was set & taxed at, to pay for the sayd Subsedy. And that euery spiri­tual person, at either of the said taxations of the said Subsedy, shalbe rated & set accerdyng to the rate abouesayd, of and for euery pounde, that the same spirituall person or any other, to his vse hath by discent, bargayne or purchace, in fee simple, fee Tayle, terme of lyfe, terme of yeares, by execution, by warde, or by Coppye of Courteroll, in anye Manours, Landes, Tenementes, Rentes, Seruices, Offices, Fees, Corrodies, Annuities, or hereditamentes, after the true iust and yerely value therof, after and accordynge as other the kyng and queenes Maiesties subiectes, borne within this realme, be charged in fourme aboue remembred, so that it extende to the yearely value of twentye shyllynges, or aboue. And yf any person certified or rated by vertue of this acte be he commissioner, or other, to anye manner of value doeth fynde hym selfe greued with the same presentment, sessyng, or taxyng, and therevpon complayne to the Commissioners, before whome he shalbe rated, sessed, or taxed, or before two of thē, that then the sayd cō missioners, shall by al wayes and meanes, examyne perticulerlye and distinctly the persones so complaynaunte, and other his neyghbors, by theyr discretion of euery his Landes and Tenementes, aboue spe­cified and of euery his goodes, cattels, and dettes, aboue mentioned and after due examination and perfytte knowledge thereof, had and perceyued by the sayde Commissioners, whiche shall haue power by thaucthoritie aforesayde. The sayd commissioners or two of them to whome any such complaynte shalbe made, by theyr discretions vpon the othe of the sayd person so cōplaynyng, may abate, defalke, encrese, or enlarge the same assesement, accordinge as it shall appeare to them iust vpon the same examination. And the same Summe so abated, defalked, encreased, or enlarged, to be streated in forme, as hereafter en­sueth. So that he cōmeth before the estreates of the same assessinge be delyuered by the sayd Commissioners, into the kyng and quenes ma­iesties Exchequer. And if it be proued by witnes, his owne cōfession, or other lawfull wayes or meanes, within a yere after any suche othe made that the same person so taxed and sworne, was anye better or [Page]greater value in Landes, Goodes, or other thinges aboue specifyed at the time of his sayd othe, then the same persone so sworne did de­clare vpon his said othe. That then euery such person so offendynge shall lose and forfeyte to the kyng and queenes maiesties, so much in laweful mony of England, as the same person so sworne, was ser at or taxed to paye, and all persones set rated and taxed, as is aforesaid shalbe bounde and charged by the same, & the Summe or summes vpon hym set to be due towardes the payment of the said Subsedy and to be leuied as hereafter shalbe specified.

And also it is enacted by the sayde aucthoritie that euery person to be taxed at either of the sayd taxatious as aforesaid, shalbe rated taxed and set, & the Summe on him set to be leuied at such place where he and his familie at the time of the same presētment to be made shal kepe his house or dwellyng, or where he then shalbe most conuersant abydyng or res [...]aunt or shall haue his most resorte, and shall be beste knowen at the tyme of the sayd certificat to be made, and no where els, and that no commissioner for this Subsedy, shalbe rated or tax­ed for hys goodes or landes, but in the Shyre or other place where he shalbe Commissioner and that yf anye person chargeable to thys act the tyme of the sayd assessyng, happen to be out of thys Realme, and oute of Wales, or farre from the place where he shalbe knowen, then he to be set where he was last abyding in this realme or within Wales, and beste knowen & after the substaunce and value & other profytes of euery person knowen by the examination cerifycate and other maner of wyse as is aforesayd. The said Commissioners or as many of thē as shalbe appointed by the king & quenes maiesties cō ­mission shall after the rate aforesayd, set & taxe euery persō according to the rate of the substaunce & value of his lands goodes & other profytes, whereby the greatest & most best summe accordyng to his most substaunce, by reason of this acte myght or or may be set or taxed.

Prouyded alwayes, that euery such person which shalbe set or taxed for payment of and to this Subsedye for and after the yerelye value of hys landes tenementes and other reail possessions, or profittes at anye of the sayd taxations, shall not be sette and taxed for hys goodes and catteles or other moueable substaunce, at the same taxation. And he that shalbe charged or taxed for the same Subsedye for hys goodes, Cateles and other moueables at any of the sayde taxa­ons, shall not be charged, taxed, or chargeable for his landes or other reall possessions and profytes abouesayde, at the same taxation nor that any person be double charged for the sayd Subsedy, neither set or taxed at seuerall places, by reason of this act, any thing conteined in this present act, not withstanding.

And that it be ordeyned by the sayd aucthoritie of this presēt parliament, [Page]that no person hauing two māsions, or two places to resort vnto or callyng hym selfe houshold seruaunt or waytyng seruaunte to the kyng and Quenes maiesties, or other Lord or Ladye, mayster or misteresse, be excused vpon his saying from the taxe of the said subsedye, in neyther of the places where he may be set onlesse he bring a certificate in writing from the Commissioners where that he is soo set in dede at one place. And yf any other then commissioner happen to be set in two places, vpon certificate thereof made, the beste and most Summe vpon hym so taxed to be taken & abide, and thother to be discharged, so that the same certificat of his assessynges and pay­ment be made thereof in wrytyng vnder the seales of the commissy­oners, or of as manye of them as shalbe appoynted by the king and Quenes commission, which certificate soo made shalbe at all tymes a sufficient discharge for hym and the collectoure of the same, as well agaynst any collectour that shall demaunde the same vpon hym ra­ted or taxed, as agaynste the kynge and queenes Maiestyes, and all other persones. And yf any personne that oughte to be sette, by rea­son of hys remouyng or resortyng to two places, or by reason of hys saying that he els where was taxed, or by reason of anye priuyledge by hys dwellyng or abydyng in any place (not beynge forprysed in thys acte) or otherwise by his couen or craft, happen to escape frō the sayd taxations or eyther of them, and be not sette, and that proued by presentment, examination, or information, before the sayd commissi­oners, or as many of them as shalbe by the same commission appoin­ted, or by the Barons of the kyng & quenes maiesties exchequer, or two iustices of the peace of the countye where such person dwelleth, then euery such person that by such menes or otherwise willingly by couine, shall happen to escape from the sayd taxations, or paymentes aforesayd or any of them, and not be rated, taxed, & set shalbe charged vpō the knowledge and profe therof, with & at the double value that he shoulde, or ought to haue bene set at afore, accordyng to his beha­uoure. The same double value to be leuied, gathered, & paide of hys goodes, and cattels, landes and tenements, to wards the said Subsedy, and further to be punished, accordyng to the dyscretyons of the Barons, iustices, and commissioners, before whome he shalbe conuicted for his offence, and deceypt in that behalfe.

And further be it enacted by thauctoritie aforesayd that the sayd Commissioners of euery commission shall according to their diuisy­ons, and after they be deuided haue ful power & aucthoritie by thys Act, to sette, taxe, and sesse euerye other Commissioner ioyned wyth them in euery such Commission and diuision, and shal also assesse euery assessour within their diuision, for his & their goodes, landes, and other the premisses, as is abouesayd, by the which sayd commyssyon, [Page]the sayd Commissioners shall indifferently sette, taxe, and sesse them selues and the said assessours, and that aswel the summes vpon euery of the sayd Commissioners and assessours so sessed, rated, and taxed, as the Summes made and presented by the presentors sworne as is abouesayd, shalbe wrytten certified set and estreated. And the estrea­tes therof to be made, wyth other the inhabitauntes of that partes, within the lymittes of the same commission, and diuision so to be ga­thered and leuyed, in lyke maner as it oughte or shoulde haue bene yf the sayd Commissioner had not bene in the sayd Commission.

And that al persons of the estate of a Baron or barons, and euery estate aboue, shall be charged wyth theyre freeholde and value as is aforesayd, by the Chauncelloure and keper of the great Seale, Treasurour of England, Lorde president of the Kyng and Quenes Ma­iestyes pryuye councell, and Lord priuye Seale for the tyme being, or other personnes by the kyng and Quenes Maiesties aucthoritye, to be limitted, and they to be charged for the sayde seuerall paymen­tes of the sayde Subsedye, after the fourme of the sayde graunte ac­cordyng to the taxation aforesayde. And the Summes vppon them set, wyth the names of the Collectours appointed for the gatheryng and payinge of the same, to be extreated delyuered and certyfyed at dayes and places aboue specifyed by the Lorde Chauncellour, Treasuroure, Lorde President of the Councel, and Lorde pryuye Seale, for the tyme beynge, or suche other personnes as shall be lymytted by the kyng and Quenes Maiestyes, and after the taxes and assesses of the sayd Summes, vpon and by the sayd assessions and certificat, as is aforesayde made the sayd Commissioners, or as manye of them as shalbe thervnto appoynted by the kyng and quenes Maiestyes commission, shall wyth all spede, and wythout delaye, by the wryting ex­treated of the sayd taxe therof, vnder the seale and sygnes manuell of the sayde Commissioners or of as many of them as shalbe appoynted at the least to be made shalbe delyuered vnto suffycient, and substan­ciall inhabitauntes, Constables, Subconstables, bailiffes and other offycers, ioyntly of hundredes, townes, paryshes, and other places a foresayde, wyth in theyr lymyttes or to other sufficient persons, inha­bitauntes of the same onely, by the discretiō of the same cōmissioners and as the place and partyes shall requyre, aswel the particuler na­mes, as surnames, as the remembraunce of al summes of mony taxed and lette of and vpon euery person as well man as woman chargea­ble to thys Acte, housholder and all other inhabytauntes, and dwel­lers whthin the sayd paryshes, townes, and places, contributorye to thys Acte of Subsedy, by auctoritie of whych wrytynge, or estreate so delyuered the sayd offycers or other persons soo named and depu­ted seuerallye shall haue full power and aucthoritie by vertue of thys Acte, immedyatlye after the delyuerye of the sayde wrytynge, or [Page]estreate, to demaunde, leuye, and gather of euery person therin speci­fied, the summe or summes in the same writing, or estreate comprised

And for none payment therof, to destrayne the same person or personnes, so being dehynde by theyre goodes and Catteles, and the distresses so taken, to kepe by the space of eight dayes, at the cost and charges, of the owner therof. And yf the sayde owner doo not paye such summe of monye as shall be taxed by thys acte, wythin the same eyght dayes, then the same distresse to be appraised, by foure, thre or two of the inhabitauntes, where suche distresse is taken, and also to be solde by the sayd Constable, and other Collectour, for the paiment of the sayd monye. And the ouerplus commynge of the sale, and ke­pyng therof, yf any be, to be immediatly restored to the owner of the same distresse, which sayd officers, and other persons soo deputed to aske, take, gather, and leuye, the sayd summes, shall aunswer and be charged for the portion onelye to them assigned, or limitted, to be ga­thered, leuied and comprysed in the sayd writyng, or estreate, to them as is beforesayde, delyugred vnto the vse of our Soueraygne Lorde, and Ladye the Kynge and the Queenes Maiestyes, and the heyres and successours of our sayd Soueraygne Lady the Quene. And the sayd Summe in that wrytynge or estreate comprysed, to paye vnto the hyghe Collectoure, or Collectours of that place, for the collection of the same, in maner and fourme vnder wrytten, thervnto to be na­med and deputed, and the same inhabitauntes, and officers, so gatherynge the same particuler summes for theyre collection thereof, shall retayne for euerye twentye shyllynge so by them receaued and payde two pence, and that to be allowed at the paymente of theyr Collec­tyon, by theym to be made, to the hyghe Collectoure, or Collec­toures.

And further be it enacted by the sayd aucthoritie, that the sayd Commissioners, or the more parte of them, as shall take vpon them the execution & busynes of the sayd Commissyon, shall for eyther of the same paymentes of the sayde Subsedye, name suche suffycyente, and able personnes, which then shall haue, and possede, Lande, and other Hereditamentes, in theyr owne ryghte, of the yearlye value of tenne pound, or goodes, to the value of one hundrethe markes at the leaste, and the persons seuerallye by the discretions of the same com­myssioners, in Shires, Rydynges, Lathes, Wapentakes, Rapes, Cityes, Townes corporat, and other whatsoeuer places, aswel with in places priuileged as without, not being forprysed with in thys act to be hygh Collectoures, and haue the Collection, and receypte of the sayde summes, sette, and leuiable wythin the precincte, lymytte, and bondes, where they shalbe so limitted to gather, and receaue. To euerye of the which collectours, soo seuerally named, the sayde Commis­sioners, [Page]or two of them at the leaste, shall wyth all spede, and wyth out delaye, after the sayde whole Summe of the sayde Subsedye, be set by al the lymyttes of the same theyr Commission, or in suche lymit­tes as the hyghe collectours shalbe so seuerally assygned, shall vnder theyr seales, and sygnes manuell, delyuer one estreate, indented in parchement, to euery of the sayd hygh collectours, comprysyng in it the names of all suche personnes as were assygned to leuye the sayde perticuler summes, and the summes of euerye hundrede, Wapentake Towne, or other place aforesayde, with the names, and surnames of the personnes so chargeable, accordynge to the estreate so fyrst therof made, as is aforesayde, and deliuered. And the Collectour so to be as­signed, shalbe charged to aunswer the whole summe, comprysed in the sayd estreat, lymitted to his collection, as is aforesayde.

Prouyded alwayes, and be it enacted by the aucthoritie afore­sayde, that the sayd Commissioners, hauynge aucthoritie by this acte to name, and nominate the sayd hygh Collectours of the sayde Sub­sedye, shall immediatelye vppon the nomination, and electyon, take by aucthorytye of this presente Parlyamente, suffycyente recogny­saunces, or oblygations, without anye fee, or rewarde to be payde therefore, of euerye personne soo by them to be named to be hygh col­lectoure, to be bounde to the kynge and Quenes maiesties, in double Summe of the Summe of his collection, and to be endorsed & made vpon such condition, that is to saye for the collection of the sayd fyrste payment of the sayd Subsedye, that if the sayd collectour his heirs or executours, do truely contente and paye to thuse of the king & quenes Maiesties, and theyres or executonres of the Queenes Maiestye, in theyr receypt, of theyr Exchequer, before the syrste daye of Marche, next commynge so much of the sayd Summe of mony, allotted, & ap­poynted 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 suche time as he hath gathered, and collected the same resydue. That then the sayde recognysaunce, or obligation, to be void or els to stande in full strength and vertue. And for the collection of the sayd Second payment, of the sayd Subsedy, vpon condition that yf the sayd collectour, his heyres or executours, do truely content and paye, to thuse of the kyng and Quenes maiesties, and theyres or exe­cutours of the Quenes maiestie, in theyr receipt of theyr exchequer, before the twentye daye of Maye, whiche shalbe in the yeare of our lord God a thousande, fyue hundred, fyfty and seuen, so much of the sayde summe of money, allotted, and appoynted to his collection, as he shal collect, and gather, and content and paye the resydue of his collection and charge, within one moneth nexte after suche tyme, as he hath ga­thered, and collected the same resydue, that then the sayde recogny­saunce, or oblygation, to be voyde, or elles to stande in full streng the [Page]and vertue, whyche sayde seuerall recognisaunces, or obligations so taken, the sayd Cominissyoners shall seuerallye certifye, and delyuer into the king and Quenes maiesties Exchequer, with the seueral certificates of the sayd taxations, and rates of the paimentes of the said subsedye, at and by the tyme to them prescribed and appoynted by thys act, for the certificat of the sayd seuerall taxations of the sayde subsedye, vpon payne of forfeyture of tenne poundes, to the king and quenes maiesties, for euery recognisaunce or obligation not certify­ed. And that euery such collectour so elected, named and chosen vpon request to hym made, shall knowledge and make the sayde recogni­saunce or obligation, vpon lyke payne and forfeyture of tenne poun­des to the kyng and queenes Maiesties for the refusall thereof, and euery such collectour soo deputed, hauynge the sayde estreate in par­chement as is aforesayd, shall haue aucthoritie by this act to appoint dayes and places within the circuite of hys collection for the paimēt of the sayde Subsedye to him to be made, and thereof to geue war­nynge by proclamation or otherwyse, to all the sayde Constables or other persones or inhabytauntes hauinge the charge of the perticu­ler collection within the hundreds, parishes, townes, or other places by hym or them limitted to make payment for theyr sayde pertyculer collection of euery summe, as to them shall appertayne. And yf at y ^e sayd day and place so lymytted and prefixed by the sayd Collectoure the said Constable, offycers, or other personnes or inhabytauntes as is beforesayde, for the sayde perticuler collection appoynted, and assygned within suche Hundred Citie, towne or other place doo not paye vnto the sayd Collectours, the summe within theyr seuerall hundredes townes paryshes and other places, due and comprised in the sayde estrate thereof to them deliuered by the sayde Commyssioners or some of them, as is beforesayd, or so muche thereof as they haue by any meane receyued, two pence of euerye pounde for the sayde perty culer collection, as is beforesayde alwayes to be thereof allowed ex­cepted and abated, that then it shalbe lawfull to the said hyghe Col­lectours and euery of them, and to theyr assygnes, to distrayne euery of the sayd Constables, offycers, and other inhabytauntes for theyr said seuerall and perticuler collection of the sayd Summes compry­sed in the sayde estreate and writinge thereof to them, and euerye of them, as is before expressed, deliuered, or for asmuch of the same sūme as so then shall happen to be gathered and leuyed and behynde, and vnpayd by the goodes and Cattels of euery of them so being behind and the dystresse so taken, to be kept appraysed and sold as is afore­sayde, and therof to take and leuy the summes, so then being behind and vnpayde and the ouerplus commyng of the sale of the saide dy­stresse yf any be to be restored & deliuered vnto the owner in forme aboue remembred.

Prouided alwayes, that no person inhabityng in any citye, borough or towne corporat shalbe compelled to be an assessour or collectour of or for any parte of the said Subsedye, in any place or places out of the sayd citie borough or towne corporat, where he dwelleth.

And it is also by the sayd aucthoritye enacted, that if any inhaby­taunt or officer, or whatsoeuer personne or personnes charged to and for the collection or receyte of any parte or portion of the sayde Sub­sedye by any maner of meanes accordyng to thys act or any personne or persons, for themselues, or as keper, Gardian, deputye, factour, or attourney, of or for anye other person or persons of anye goodes, and Cattels of the owner therof, at the tyme of the sayde assessinges to be made, beinge out of thys realme or in any other partes not knowen, or of and for the goodes and cattels of any other person or personnes, of any corporation, fraternitie, misterie, or other whatsoeuer cominal tie, being incorporate or not incorporate, and all personnes hauynge in theyr rule gouernaunce and custodye, any goodes or cattels, at the tyme of the sayde assessinge or anye of them to be made or whyche for any cause, for and by collection, or for hym selfe or for any other, or by reason that he hath the rule gouernaunce or custodye of anye goodes or cattelles of any other person or persons corporation, cominalty, fraternitye, guilde, or misterye, or any suche other lyke, or as factour, de­putie, or atturney of, or for any person shalbe taxed rated valued & set to any sūme or sūmes by reason of thys act, & after the taxatiō, or asses­sing vpō any such persō or persōs as shalbe charged with the receipte of the same happen to dye, or departe from the place where he was so taxed & set, or hys goodes or cattels so eloyned, or in suche priuye and couert maner kept, as the sayd persō or persōs charged with the same by extreates or other writinges frō the said cōmissioners or as many of them as shalbe thervnto apoynted by the sayd cōmission as is afore sayd, can ne may leuye the same sūme or sūmes cōprysed within their said extreates by distresse w ^tin the limitts of their collectiō as is afore sayd, or cānot sell such distresse or distresses, as be taken for any of the sayd paimentes, before the tyme limitted to the highe collector for his paiment, to be made in the kyng & quenes maiesties receipt, then vpō relatiō therof made with due examinatiō by the oth or examinatiō of such person or persōs, as shalbe charged w ^t and for the recept & collec­tion of the same before the said commissioners, or as many of them as by the sayde commissyon, shall be thervnto appoynted, where suche person or persons or other as is aforesayd, theyr goodes and catteles were set and taxed, and vpon playne certificate thereof made in the kyng and quenes Maiesties Exchequer, by the same commissioners as wel of the dwellyng place, names and Summes of the sayde per­sons, of whome the sayde Summes, can not be leuied, and had as is [Page]aforesayde, then aswell the constables and other inhabitauntes, ap­poynted for the sayde perticuler collection agaynst the high Collec­tors, as the high collector vpon hys accompte and othe, in the sayde Exchequer to be discharged thereof, and processe to be made for the kyng and Quenes Maiesties, out of the sayde Exchequer by the dis­cretion of the Barones of the Exchequer, agaynst such personne his heyres or executours so beynge behynde with hys paymente. And ouer that the same Commyssioners, to whom any such declaratiō of the premysses shalbe made in forme aforesayd, from time to time shal haue full power and aucthoritie, to direct theyr precept or preceptes vnto the sayde person or persons, charged with any Sūme of for or vpon any such person or persones, or other as is abouesayde or to a­ny Shyreffe, Steward, Baylyffe, or other whatsoeuer officer my­nister person or personnes, of suche place or places, where anye suche person or persones, so owyng such Summe or Sūmes, shal haue landes, and tenementes, or other hereditamentes, or reall possessyons, goodes and Cattels, wherby any such person or persons so indetted hys heyres, executours or assignes, or other hauyng the custodye go uernaunce or disposition of any goodes cattels, Landes, tenements or other hereditamentes, whych ought or maye by this acte lawful­lye be distrayned or taken for the same, hath and shall haue goodes Catteles, Landes, Tenementes and other possessyons, wherof such Summe or Sumes, which by any suche person or persons maye or ought to be leuied, be it within the Lymittes of suche Commyssyon where such person or personnes was and were taxed, or without in any place within this realme of England, Wales, or other the kinge and quenes Maiesties Dominions, Marches, or Territoryes by whych precept as well such person or persones as shalbe charged to leuye such money as the offycers of the place or places, wher such distresse may be taken shal haue ful power and aucthoritie to destraine euery such person, indetted charged and chargeable by thys acte, or his executors or administratours of hys goodes cattelles, hys gar­dians factoures deputies Leasses fermours and assygnes and all o­ther persones by whose handes, or oute of whose landes anye suche person shoulde haue rent, fee, annuitie or other profytte or whiche at the tyme of the sayd assessynges, shall haue goodes or catteles or any other thing moueable of any such person or persones being indetted or owing such Summe. And the distresses so taken caused to be kept appraysed and solde in lyke maner and forme as is aforesayd, for the dystresse to be taken bpon such persō to be taxed to the said Subsedy and beynge sufficiente to dystrayne wythin the Lymyttes of the Collectours inhabytauntes or other offycers charged with or for the same Summes, so vpon them to be taxed, and anye such dystresse for [Page]none payment, happen to be taken out of the limitte of the said persōs charged and assigned to leuye the same, the persōs so charged for the leuy of euery such summe by distresse, shall perceaue & take of the same distresse, for the labour of euery person, goynge for thexecution therof, for euery mile that any such person so laboureth for the same, two pēce And euery fermour, tenaunte, gardian, factour, or other whatsoeuer person, beyng distrayned, or otherwise charged, for paymente of anye suche summe or summes, or anye other summe, by reason of thys acte, shalbe of suche summe or summes, of him or theim so leuied and taken discharged & acquited at his next daye of payment of the same, or at the deliuery of suche goodes, and cattelles, as he that is so dystrained had in his custody and gouernaunce against him or them, that shalbe so taxed, and set, any graunte or wrytyng obligatory or other what­soeuer matter to the contrary made, heretofore notwithstandynge.

And if any such person that should be so distrained haue no landes, or tenementes sufficient whereby he or hystenauntes, and fermours may be distrayned, or hath eloyned, aliened, or hydde his goodes, and Catels, wherby he should or myght be distrayned in such maner 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 forme, shal ne can be cō ­uenientlye leuied, then vpon relation thereof vnto the commyssyo­ners or to as many of them as by the sayd Commission shalbe thervnto appoynted where suche person or personnes, was taxed and set by the othes of hym or them that shalbe charged with the leuye and pay­ment of that summe or summes, the same commissioners shall make a precepte in such maner as is aforesayd, for to attache, take, & arrest, the body of such person or persons that ought to pay the said summes, And by this acte shalbe charged wyth, and for the sayde Summe or summes, and them so taken saufely to k [...]pe in pryson within the shyre or other place where any suche person or persons, shalbe taken and attached, there to remayne without bayle or maynepryce vntil he haue payde the same Summe or Summes, that such persons for him selfe, or for anye other by this acte shalbe chargeable, or oughte to be char­ged withall. And also for the fees of euery such arrest to hym or them that shall execute such precepte, twentie pence. And that euery officer vnto whome such precepte shalbe directed, do his true diligence and execute the same vpon euery person so beyng indetted vpon payne to forfeyte to the kynge and Queenes Maiesties for euerye defaulte in that behalfe twentye shyllynges, & that no keper of anye Gaole, from hys gaole, suffer any suche person, to go at large by lettynge to bayle or otherwyse to departe oute of hys pryson, before he haue payde hys sayd det, & the sayd .xx. pence for the said arrest, vpō payne to forfeyte to the kyng and Quenes Maiesties, fortye shyllynges. And the same [Page]Goaler to paye vnto the kynge and queenes Maiesties, the double value as well of the rate whiche the sayd persone so imprysoned was taxed at, as of the sayde twentye pence for the fees, and like processe & remedy in lyke forme shalbe graunted by the sayd Commissioners, or as manye of them as by the sayde commission, shalbe therevnto ap­poynted at lyke information of euery person or persons, beynge char­ged with anye summe of money, for anye other persone or personnes, by reason of the sayd Subsedye, and not thereof payde, but wylfullye withdrawen, ne the same leuyable, within the lymyttes where suche person was thervnto taxed. And yf the Summe or Summes being behynde vnpayde by any person or persons, as is aforesayd be leuyed and gathered by force of the sayd processe, to be made by the sayd commissioners, or yf in defaulte, or for lacke of paymente thereof the per­son or persons, so owynge the sayde Summe or Summes of money, by processe of the same commissioners, to be made as is aforesayde, be committed to pryson, in forme aboue sayd, that then the same commis­sioners which shal awarde such processe, shall make certificat thereof in the sayd excheker of that shalbe done in the premisses in the terme next folowing after such, Sūme or Sūmes of mony, so being behind shalbe leuied & gathered, or suche person or persons for none payment of the same committed to pryson. And yf it happen anye of the sayde collectours, to be assygned to any mayer, sheryffe, steward, constable, the headborowe, housholder, Baylyffe, or anye other offycer, or mini­ster or other whatsoeuer person or persons to disobey the sayde com­missioners or any of them, in the reasonable request to them made by the sayd commissioners for execution of the sayd commission, or yf any of the officers or other persons, do refuse that to them shal appertaine or belonge to do by reason of anye precepte to hym or them to be direc­ted, or any reasonable cōmaundement, instaunce, or request touching the premisses, or other default in any apperance, or collection, to make or yf any person beyng susperte or not, to be indifferentlye taxed as is aforesayd, do refuse to be examined accordyng to the tenor of this act, before the sayd Commissioners, or as many of them as shalbe thervn­to assygned as is aforesayd, or wyll not appeare before the same Commissioners, vpon warnynge to hym made, or els make resistaunce or rescons vpon any distresse vpon hym to be taken for any percell of the sayd Subsedy, or commit any misbehauour in any maner of wise contrary to this act, or commit any wylful omission or other whatsoeuer wylfull, not doyng, or misdoynge contrarye to the tenor of thys acte or graunt, the same cominissioners, and euery number of them aboue remēbred, or two of them at the least vpō probable knowledge of any such misdemeners had by information, or examinatiō, shal and maye sette vpon euery such offender for euery such offence, in name of a fine [Page]by the same offendour, to be forfeyted, fortye shillynges, or vnder by the dyscression of the same Cōmissioners. And further the same com­missioners and euery numbre of thē, to two of them at the least, shall haue aucthoritie by this present acte, to punysshe euerye suche offen­der by imprisonment there to remayne and to be deliuered by theyr dyscression as shall seme to them conuenient. The said fines yf anye suche be to be certified, by the sayde commissioners, that soo assessed the same into the sayd king and Quenes Maiesties exchequer ther to be leuied and payde, by the collectours of that partes, for the sayd Subsedye, retorned into the sayde exchequer, to be therewyth char­ged with the payment of the sayd Subsedye in such maner as yf the sayd fynes hadde bene sette and taxed vpon the sayd offenders for y ^e sayd Subsedye.

It is also enacted by the sayd aucthoritie of this parliament, that euery of the sayd hygh collectours, whych shall accompt for any part of the sayd Subsedy in the kynge and Quenes Maiesties excheker vpon their seuerall sayde accomptes, to be yelded, shalbe allowed at euery of the sayd paymentes of the sayd Subsedye for euery pounde lymitted to his collection, whereof any such collector shalbe charged and yelde accompte, syxe pence as percell of theyr charge, that is to say, of euery pounde thereof for such person as then haue had the per­tyculer collection in the Townes and other places, as is aforesayde specified in his collection two pence, and other two pence of euerye pounde thereof euery of the sayde cheyfe collectours there accomp­taunce to receiue to their owne vse for their labor and charge, in and aboute the premysses, and two pence of euery pounde, Residue to be delyuered, allowed and payde, by the said collectours, so being there of allowed to such of the commissioners, as shall take vpon them the Busynes and laboure, for and about the premysses, that is to say euery collectour to pay that cōmissyoner or commissioners, whych had the orderyng of the writinges, of and for the sayd Subsedye, where the sayd collectour or collectours hadde their collection, for expēces of the sayde commissioners so takyng vpon them the saide busynes & laboure of theyr clerkes, writing the sayd precepte and estreates for the sayd collection, the same laste two pence of euerye pounde, to be deuyded amongest the said commissyoners hauinge regard to theyr laboure and busines, taken by them or their sayd clerkes, in & aboute the premysses, for the which parte so to the said Commyssyoners at­tayning the saide commissioners .vi.v.iiii.iii. or asmanye of them as shalbe therevnto appointed by the kinge and queenes Maiestyes, commyssion and euery of them ioyntlye and seuerally for his & theyr said part may haue his remedye against the said Collectour, or collectoures, whiche thereof ben and might haue bene allowed by action of dette, in whiche the defendaunt shall not wage his lawe neither [Page]protection, nether Iniunction, or other essoyne shalbe allowed. And that no person now beyng of the number of the company of this pre­sent parlyament, nor any Commissioner, shalbe named or assigned to be any collector or Subcollector or presenter of the sayde Subsedye or of anye parte thereof, nor no Commissioner, shalbe compelled to make any presentment or certificat, other then in the kyng & quenes Maiesties Exchequer, of for or concernyng the said Subsedye, or anye parte thereof. And lykewyse that none other person that shalbe named or assygned to be Commissioners in any place, to and for thexecutyon of thys acte or Subsedye be or shalbe assigned or named hed collectoures of any of the paymentes of the sayd subsedye, nether of any parte thereof. And that euery such person or persones, which shal be named and appointed (as is aforesayd) to be hed collectoures in & for the fyrst payment of thys Subsedye, shall not be compelled to be collector for the Second payment of the same subsedye, nor of anye parte thereof. And the sayd collectours whyche shalbe assygned for the collection of the sayde Subsedye, or for any part thereof, & euery of them be and shalbe acquited and discharged of all maner fees, re­wardes, and of euery other charges in the kynge and Queenes ma­iesties exchequer, or else where, of them or anye of them by reasonne of that collection, payment, or accomptes, or any thinge concernynge the same to be asked, and that yf anye person receyue and take anye fees, rewardes or pleasures of anye suche accomptaunte. That then he shall forfeite to the king & the Quenes maiesties, for euerye penye or value of penny so taken twenty pence, & suffer imprisonmēt at the kyng and quenes maiesties pleasure. And after the taxynge, and assessyng of the sayd. Subsedyes, as is aforesaide, hadde and made, and the sayd estreates thereof, in parchement vnto y ^e collectoures, in maner and forme before rehersed, deliuered, the said commissioners whych shall take vpon them thexecution of thys acte within limites of theyr commission by theyr agrementes shall haue metynge toge­ther, at which meting, euery of the sayd commyssioners, whiche then shal haue taken vpon them thexecution of any part of the sayde com­myssion shal by him selfe or by his sufficient deputie trulye certifie & brynge forth vnto the sayde commissioners named in the sayde com­mission the certificat and presentmente made before hym and suche other commissioners, as were lymitted with him in one limite. Soo that the same certificat, maye be accompted and cast with other cer­tificates of the other Lymittes, wythin the same Commyssyon and then the said commissioners, and euerye number of them vnto two at the leaste as is aforesaide yf anye be in lyfe, or theyr executours, or administratours of theyr goodes, yf they be then dede, shall ioyntlye and seuerally as they were deuyded within their Lymyttes vnder their Seales, by theyr discression make one or seuerall wrytynges▪ [Page]indented conteynynge in it aswell the names of the sayde collectors by the commissioners for such collection, and accompte, in the Exchequer, and payment in the sayde Receypte, deputed and assygned as the grosse and seuerall Summes, wrytten vnto euerye suche col­lectour to receaue the sayde Subsedye. And also all fynes amercya­mentes, and other forfeytures, yf anye suche, by reasonne of thys Acte, happen to be wythin the precyncte, and Lymytte of theyr commyssyon, to be certified into the sayde kynge and Queenes Maie­styes Exchequer by the sayde Commyssyoners, in whych wrytynge or writinges, indented so to be certified shalbe plainely declared and expressed the hole and intire Summe or Summes, of the said Subsedye, seuerally lymitted, to the Collection of the sayd collectours seuerally deputed and assygned to the Collection of the sayd Summes. So that none of the sayd Collectours soo certified in the said exche­quer, shalbe compelled there to accompte, or to be charged, but onely to and for the Summe limitted to hys Collection, and not to or for any summe lymytted to the Collection of his fellowe, but that euerye of them shalbe seuerallye charged, for their parte lymyted to their collection. And yf the sayde Commyssioners, ioyned in one Commission amongest themselfe in that matter, can not agre, or yf anye of them be not reddye or refuse to make Certificat wyth other of the same cō ­myssyoners. That then the same Commissioners, may make seueral Indentures, in fourme aforesayd of theyr seueral Lymytes or seperacions, of Collectoures within the lymytes of their commission, vpon and in the hundredes, wardes, Wapentakes, Lathes Rapes, or such other lyke diuisions, within there said seuerall lymyttes of ther commissyon, as the places there shal requyre to be seuered and deuided & as to the same commissioners, shall seme good to make diuisyons, of their lymyttes, or Collections, for the seuerall charges of the same Collectoures, So that alway one Collector shalbe charged & accōpt for hys parte to hym to be lymitted onely by him self, and not for any Summe lymitted to the part of anye of hys fellowes, and the char­ges of euery of the Collectours, to be sette and certified seuerallye vpon them & euery such Collector vpon hys accompt and payment of y ^e Summe of monye, limitted within his collection to be seuerally by hym selfe acquited and dyscharged in the sayd Exchequer withoute paying any maner of fees, or rewardes, to any person or persons, for the same, vpon the payne and penaltie, last abouesayde, and not to be charged for any portion, of any other Collectoure. And yf anye com­myssyoner after he hath taken certificat of them that as is aforesayd shall before any suche commyssioner be examyned and the Summes rated and sette, and the bokes and writynges thereof, beyng in hys handes, or yf any collectoure or other person charged with anye re­ceypte of anye parte of anye of the sayde subsedyes or anye other per­sone [Page]taxed or otherwyse by thys acte charged with and for anye per­cel of the sayd Subsedyes, or wyth any other sūmes, or fine antereia­ment penaltie, or other forfeyture, happen to dye before the commys­sioner, Collector or other whatsoeuer person or persons, haue execu­ted, accomplyshed, satisfyed, or sufficientlye discharged that which to euery such personne shal appertayne or belonge to do, accordynge to thys act, then thexecutors and heyres of euery suche personne, and all other sessed of any Landes, or tenementes, that any suche person be­inge charged by thys acte, and disceasynge before he be dyscharged therof, or any other to hys vse onely had of estate of inherytaunce at the tyme that any such person was named Commissioner, Collector, or otherwyse charged with and for any maner of thyng to be done satisfyed or payed by reason of thys act, and all these that haue in theyr possessions or handes, any goodes, or cattels, that were to any suche person at the tyme of hys death, or any Landes, or Tenementes, that were the same persons, at the tyme he was as is aforesayde charged by thys act, shalbe by the same compelled and charged to doe, and ac­complyshe in euery case as the same person so beinge charged, should haue done, and myghte haue bene compelled to do, yf he had bene in playne lyfe after suche rate of the Landes, and Gooddes of the sayde Commissioner or Collector, as the partye shall haue in hys hand, and yf the same Commissioners for causes reasonable them mouyng, shal thinke it not conuenient to ioyne in one certifycat, as is beforesayde, then the sayd person or persons, that shall fyrste ioyne together, or he that shall fyrst certifye the sayd wryting indented as is aforesayd shal certifye all the names of the cōmissioners of y ^t cōmissiō whervpō such writinges shalbe there then to be certifyed, w ^t diuisyon of the hundre­des, wapentakes, wardes, tithinges, or other places, to and among such commissioners, of the same commissyon, wyth the names of the same commissioners where suche seperations, and deuisions shall be, wyth the grosse summes of mony, as well of & for the sayd Subsedy, taxed or set of or wythin the sayd hundredes, wardes, wapētakes, or other places to hym or them deuided, or assigned, that shal so certifye the sayde fyrste writynge, as of fines, amerciamentes, penaltyes, or other forfeytures, if any happē to be within the same limites, wherof the same writynges shalbe certified, and after such writing indented which as is aforesayd shalbe certified, and not conteyne in it the hole and ful Summes, sette, and taxed, within the Lymittes of the same Commission, the other Commissioners of the same before the daye of paymente of the sayde Subsedy, shall certify into the sayd Exche­quer by theyr wrytyng or wrytinges indented to be made as is afore sayd, the grosse and seuerall summes set, and taxed within the places to them limitted for the sayde Subsedye, and other fynes, amercia­mentes, [Page]penalties, and forfeytures, with the names of the Hundre­des, wardes, wapentakes, and other places to them assigned, or elles by theyr sayd wrytinges indented, to certifye at the said place before the sayde daye of payment, such reasonable causes for theyr excuses, why they maye not make such certificat, of and for the sayd Subsedy which fines, amerciamentes, and other forfeytures, growynge or set by reason of the causes of theyr lettes, or of theyr none certifyinge as is abouesayde, or els in default thereof processe to be made oute of the kyng and quenes maiesties Exchequer, agaynst the sayde Commissi­oners, and euery of them, not makyng certificate as is aforesayde, by the discretion of the Treasurer or Barons of the sayde Exchequer.

Prouyded alwayes, and be it enacted by thauctoritie aforesayde, that the inhabitauntes of the paryshe of Saynt Martyn, called stāp sord Baron, in the Suburbes of the borowe, and towne of Staun­forde in the South part of the water, there called Welland, whyche hereafter shalbe contributory to the paiment of this present Subsedy graunted to the kynge and quenes maiesties, theyr heyres and suc­cessoures, shalbe assessed, rated, and taxed for this tyme by such Com­missioners, which shalbe appoynted▪ for the taxinge, ratynge, and ses­syng of such Subsedy, or taxe within the county of Lincolne, & shall be for this tyme contributory, and paye the sayd Subsedy to the col­lector, or Collectors, which shalbe assygned and appoynted, for the le­uying and gatheryng of the same, with the Aldermen and burges of the sayd Borough and towne of Stampforde.

Prouided alwayes, & be it enacted by thauctoritie aforesayd, that all and euery persō, & persōs, hauing manours, lādes, tenemētes, & other hereditamētes, chargeable to the payment of the subsedy graūted to the kyng & quenes maiesties, by this act, & also hauing spiritual possessiōs chargeable to theyr said maiesties, by y ^t graūt made by y ^t clergye of this realme in this their cōuocatiō. And ouer this, hauyng substāce in goodes & cattels chargeable by this said act, y ^t then if any of y ^t sayde person or personnes be hereafter charged, assessed, and taxed for the sayde Manours, Landes, and Tenementes, & spirituall possessions, and also assessed, charged and taxed for his or their goodes, & catelles that then he or they shall be onelye charged by vertue of this Acte, for his and theyr sayd manours, landes, tenementes, hereditaments, and spirituall possessions, or onelye for his sayd goodes, and catteles, the best thereof to be taken for the kyng and Quenes maiesties, and not to be charged for both, or double charged for anye of them, anye thing in this act cōteined to the cōtrary in any wise notwithstāding. Prouided always, that this graunt of subsedye nor any other thinge therein conteyned, in any wyse extende to charge the inhabit auntes or dwellers within Irelande, Callys, Hammes, Euysnes, and the marches of the same, Iernesey, and Garnesey, or any of them, of or cō ­cernynge [Page]any manours, landes, tenementes, or other possessions goodes, Catteles, or other, moueable substaunce, whyche the sayd inhabitauntes, or dwellers, or any other to theyr vse, haue within Irelande Callis Hammes, Guysnes, or other the marches of y ^t same, Iernsey Garnesey, or in any of them, of for or concernyng any fees, or wages whych any of the sayd inhabytauntes, or dwellers haue, of the kyng and Quenes maiesties, for their attendaunce, and doyng seruyce to our sayd Soueraygne Lord and Ladye, in Irelande, Callys, Ham­mes, Guyshes, and the marches of the same, Iernesey, and Garnsey, or in any of them, any thyng in thys present Acte to the contrary not wythstanding.

Prouyded also that thys present Acte of Subsedye, ne any thing therin conteyned, extende to any of the Englyshe inhabytauntes, or resiauntes in any of the countyes of Northumberland, Cumberland Westmerlande, the towne of Barwycke, the towne of Newcastell vpon Tine, and the Byshopryke of Durham, nor to anye of thē of for or consernyng any manours, lādes, tenementes, or other possessions goodes, cattels, or other moueable substaunce, which the same inha­bytauntes or dwellers, or any other to theyr vse, haue within the said Countyes of Northumberland, Cumberland, Westmerlande, or the towne of Barwycke, the towne of Newecastle vpon Tine, or the bi­shopryke of Durham, or any of them, or of for or concernyng any fees or wages whych any of the sayd inhabytauntes, or dwellers haue of the Kyng and Quenes maiesties for theyr attendaunce, and doynge seruice to the kynge and Quenes Maiestyes, for or wythin the sayde counties of Northumberland, Cumberland, Westmerland, y ^e towne of Barwycke, the towne of Newcastell vpon Tyne, and the byshop­rycke of Durham, or anye of them, to or for the sayd taxinge, leuying, gatheryng, or payment, but that the Englyshe inhabytauntes, and resyauntes, and euery of them of the sayd counties, byshoprycke and Townes, and euery of them, shalbe of and from the sayd subsedy, and euery percell therof, and for theyr manours, landes, tenementes, fees wages, goodes, and cattels, lying and beynge in the same countyes, Townes and byshoprycke, or any of them vtterly acquitted and dis­charged, any thyng in thys present act before rehearsed to the contra­rye notwythstandyng.

Prouided also that all letters patentes, graunted by the kyng and Quenes maiesties, or any of theyr most noble progenitours, to any cities, Borowes, or Townes wythin thys realme of anye maner of ly­berties, priuileges or exemptions from the burden and charge of any suche grauntes of Subsedyes which be at thys present tyme in force and vayleable shall remayne good and effectual to the sayde Cityes, borowes, and townes hereafter, accordynge to the purportes therof though the inhabytauntes of the same, shall vpon the great & weigh­tye [Page]consideration of the graunt abouesayd, be for this graunte char­ged, and contributory in lyke maner forme, and sort as other cities, boroughes, and townes which be not in any wise priuileged, be from such graunt of Subsedy excepted.

Prouyded alwayes, and be it enacted by thauctoritie aforesayde, that no Orphant, or Infant, within the age of .xxi. yeare, borne with in any of the kynges and Quenes maiesties dominions, shalbe charged to any payment of this Subsedye, for his goodes and cattels to hym lefte, or bequethed, any thinge in this acte conteined to the con­trary notwithstanding.

Prouided also and be it enacted, that forasmuch as dyuerse, & sō ­drye the kyng and Quenes maiesties tenauntes, and other inhaby­tauntes, and dwellers within the coūties of Penbroke, Carmarthē Cardigan, Glamorgā, Breckenocke, Radnour; Monnegomery, Dē byghe, Flynt, Merioneth, Anglesey, Carnaruan, and of the countye Palentine of Chester, be at this present time charged and chargeable with the seuerall paymentes of dyuerse great sūmes of mony, by the name of Myse, due to their maiesties, accordynge to the seuerall cu­stomes of the sayde counties. For the payment whereof, dyuerse and sondry the gentilmen, and other the inhabitauntes of the sayde coū ­ties, be and stande bounde to their highnes. Be it therefore ordeyned and enacted by thaucthoritie aforesayd, that this act of Subsedie or any thing therein conteyned, shall not extend to charge, anye of the queenes maiestyes tenauntes, and other thinhabitauntes and dwel­lers within any of the said counties of Penbroke, Carmarthen, Cardigan, Glamorgan, Brecknocke, Radnoure, Monnegomery, Den­byghe, Flynt, Merioneth, Anglesey, Carnaruan, and the countie pa­lantyne of Chester, being charged, or chargeable with the said mise, for or in any of the paymentes of the sayd Subsedye graunted to the kynge and quenes maiestie by this acte, vntill the seuerall daies and tymes appoynted, and agreed for the paymentes of the sayde myses shalbe expyred. And that the fyrst payment of the sayde subsedye shal­be made at the receypte of the queenes exchequer, before the fyrste day of Marche then next folowyng, after the day appoynted for the latter paymente to be made of the sayde myses. And the seconde, or last payment of the sayde Subsedye, to be made by, or before the .xx. day of Maye, in the next yeare folowing, after the said fyrste paimēt of this Subsedye.

And furthermore be it enacted by thaucthoritye aforesaid, that the Cenauntes, and dwellers of euery of the sayde countyes in thys pro­uyso remembred, shall seuerally before the feaste of Pentecoste, nexte ensuinge, certifye in the sayde Courte of Exchequer, vnder the seales of two iustices of peace of euery of the sayd countyes, wherof the one to be of the Quorum, when and what day the laste payment of the sayde [Page]seuerall myses now dewe in any of the sayd counties, shall ende and expire.

Prouyded also, that the sayd graunt of Subsedye, or anye other thing therein conteyned, doo not in anye maner of wise extende, to be proiudiciall, or hurtefull to thinhabitauntes or resiauntes at thys present tyme, within the fyue portes corporate, or to anye of their mē ­bers incorporate, or vnited to the same fyue portes, or to anye of the same fyue portes, of or for anye parte, or percell of the said Summes graunted in this present parliament of the said inhabitauntes nowe resyaunt, or any of thē, to be taxed, set asked, leuied, or paide, but the sayd inhabytauntes, and resiauntes in the said fiue portes, and their members, be and shalbe of, and from the said graunt and paymente of the sayde Subsedye duryng the resyauncye there, and no longer, clearely acquited and discharged, Any matter, or whatsoeuer thing in this present act had or made to the contrary notwithstanding.

Prouyded also that thys acte, nor anye thinge therein conteyned shall extend to y ^t goodes or landes of any colledge, hal, or hostel, w ^tin the vniuersities of Oxenforde and Cambrydge, or any of thē, or to y ^e goodes or landes of y ^e colledge of Wyntō, founded by bishop wickhā orto the goodes or landes of any common fre gramer scole within y ^t realme of England, or Wales, or to the goodes of any reader, scole­master or scoler within the sayde vniuersities, & colleges, or anye of them there remayning for studye, without fraude or couin, or to the goodes and landes of anye hospytall, measondue, or Spyttelhouse, prepared and vsed for the sustentation and releife of pore people. Any thing in this acte conteined to the contrarye in anye wise notwyth­standyng.