❧ An Acte restoring to the Crowne the auncient iurisdiction ouer the state Ecclesiasticall and Spirituall, and abolyshing all forraigne power repugnaunt to the same. ¶ The first Chapter.
MOste humbly beseche your most excellent Maiestie, your faythful and obedyent subiectes, the Lordes Spirituall and Temporall, and the Commons in this your present parliament assembled, that where in tyme of the raigne of your moste deare father of worthye memorie Kyng Henrye the eyght, diuerse good lawes and statutes were made and established, as wel for the vtter extinguishment and putting away of all vsurped and forreigne powers and aucthorities out of this your Realme, & other your highnesse dominions & countreyes, as also for the restoring and vniting to the imperial Crowne of this Realme, the auncient iurisdictions, aucthorities, superiorities, and preheminences to the same of ryght belongyng and apparteynyng, by reason whereof, we your most humble & obedient subiectes, from the .xxv. yere of the raigne of your said deare father, were continually kept in good order, and were disburdened of diuers great and intollerable charges & exactions, before that time vnlawfully taken, and exacted by such forraigne power and aucthoritie as before that was vsurped, vntyll suche time as all the sayde good lawes and statutes, by one acte of Parliament made in the first and second yeres of the raignes of the late kyng Philippe and Queene Marie, your highnesse syster, entituled, An acte repealing all statutes, articles, and prouisions made agaynst the sea apostolique of Rome, synce the .xx. yere of kyng Henry the eyght, & also for the establishment of al spyrituall & ecclesiasticall possessions & hereditamentes conueyed to the laytie, were all clearely repealed & made voyde, as by the same acte of repeale more at large doth and may appeare. By reason of whiche acte of repeale, your sayde humble subiectes were eftsoones brought vnder an vsurped forraine power & aucthoritie, and yet do remaine in that bondage, to the intollerable charges of your louing [Page] subiectes, if some redresse (by aucthoritie of this your high courte of parliament, with thassent of your highnes) be not had and prouided.
May it therefore please your highnesse, for the repressing of the said vsurped forraigne power, and the restoring of the rightes, iurisdictions, and preheminences apparteyning to the Imperial crowne of this your Realme, that it maye be enacted by aucthoritie of this present Parliament, that the saide acte made in the saide fyrst and seconde yeres of the raignes of the said late king Philip & Queene Marie, and all and euery braunch, clauses, and articles therein conteyned (other then such braunches, clauses, and sentences, as hereafter shalbe excepted) may from the last day of this Session of Parliament, by aucthoritie of this present Parliament, be repealed, and shall from thencefoorth be vtterly voyde, and of none effecte.
And that also for the reuyuing of diuers of the said good lawes & statutes made in y e time of your said deare father, it may also please your highnesse, that one acte and statute made in the .xxiii. yere of the raigne of the said late kyng Henry the eyght, entituled, An acte that no person shalbe cyted out of y e dioces where he or she dwelleth, except in certayne cases. And one other acte made in the .xxiiii. yere of the raigne of the saide late kyng, entituled, An acte that appeales in such cases as hath ben vsed to be pursued to the sea of Rome, shall not be frō henceforth had ne vsed, but within this Realme. And one other acte made in the .xxv. yere of the saide late king, concernyng restraynte of payment of annates and fyrst fruites of Archbyshopprickes and Byshoprickes to the sea of Rome. And one other acte in the sayde, xxv. yere, entituled, An acte concerning the submission of the Cleargie to the kinges Maiestie: and also one acte made in the sayd .xxv. yere, entituled, An act restraining the paiment of annates, or fyrst fruites to the Byshop of Rome, and of the electing and consecrating of Archbyshoppes, and Byshoppes within this Realme. And one other acte made in the said .xxv. yere, entituled, An acte concernyng the exoneration of the kinges subiectes from exactions & impositions heretofore payde to the sea of Rome, & for hauing licences & dispensations within this Realme, without suyng further for the same. And one other acte made in the .xxvi. yere of the sayde late king, entituled, An act for nomination and consecration of Suffragans within this Realme. And also one other act made in the .xxviii yere of the raigne of the saide late king, entituled, An acte for the release of such as houe obteyned pretended licences and dispensations from the sea of Rome, and all and euery braunches, wordes, and sentences in the said seuerall actes and statutes conteyned, by aucthoritie of this present Parliament, from and at al times after the last day of this session of Parliament, shalbe reuiued, and shall stande & be in [Page] full force and strength, to all intentes, constructions, and purposes. And that the braunches, sentences, and wordes of the sayde seuerall actes, and euery of them, from thencefoorth shal and may be iudged, deemed, and taken to extend to your hyghnes, your heyres and successours, as fully and largely as euer the same actes, or any of them dyd extend to the sayde late kyng Henry the eight, your hyghnesse father.
And that it may also please your highnesse, that it may be enacted by thaucthoritie of this present Parliament, that so much of one acte or statute made in the .xxxii. yere of the raigne of your sayde deare father kyng Henry the eyght; entytuled, An act concernyng precontractes of maryages, and touchyng degrees of consanguinitie, as in the tyme of the late kyng Edwarde the sixte, your hyghnesse moste deare brother, by one other acte or statute was not repealed. And also one acte made in the .xxxvii. yere of the raygne of the sayde late kyng Henry the eyght, entituled, An act that doctours of the Ciuile law, beyng maryed, may exercise Ecclesiasticall iurisdiction, and all and euerye braunches, and articles in the sayde two actes laste mentioned, and not repealed in the tyme of the sayde late kyng Edward the sixte, may from hencefoorth lykewyse stande, and be reuiued, and remayne in their full force and strength, to all intentes and purposes: any thyng conteyned in the sayd acte of repeale before mentioned, or anye other matter or cause to the contrary, notwithstandyng.
And that it may also please your highnesse, that it may be further enacted by thaucthoritie aforesayd, that all other lawes and statutes, and the braunches and clauses of anye acte or statute repealed and made voyde by the sayde acte of repeale, made in the tyme of the sayde late king Philip and Queene Marie, and not in this present acte specially mentioned and reuiued, shall stand, remayne, and be repealed, and voyde, in suche lyke maner and fourme, as they were before the makyng of this acte: any thyng herein conteyned to the contrary, notwithstandyng.
And that it may also please your highnesse, that it may be enacted by the aucthoritie aforesaide, that one act and statute made in the first yere of the raigne of the late king Edwarde the sixte, your Maiesties moste deare brother, entytuled, An acte agaynste suche persons as shall vnreuerentlye speake agaynste the Sacramente of the bodye and blood of Christe, commonlye called the Sacrament of the aulter, and for the receauing thereof vnder bothe kyndes, and all and euerye braunches, clauses, and sentences therein conteyned, shall and maye lykewise from the last day of this Session of Parliamente, be reuyued, and from thencefoorth sha and may stand, remayne, and be in full force, strength, and effecte, to all intentes, constructions, and purposes, in such lyke maner & fourme, as the same was at anye tyme [Page] in the first yere of the raigne of y e said late king Edward y t .vi. any law statute, or other matter to the contrary in any wise, notwithstāding.
And that also it may please your hyghnesse, that it may be further established and enacted by the aucthoritie aforesayde, that one act and statute made in the first and second yeres of the sayd late kyng Philip and Queene Marie, entytuled, An acte for the reuiuing of three statutes, made for the punishment of heresies, and also the saide three statutes mentioned in the sayde acte, and by the same acte reuiued, and al and euery braunches, articles, clauses, and sentences, conteyned in the sayde seuerall actes or statutes, and euerye of them, shalbe from the last day of this Session of Parliament, deemed, and remayne vtterly repealed, voyde, and of none effecte, to all intentes and purposes: anye thyng in the sayde seuerall actes, or anye of them conteyned, or anye other matter or cause to the contrary, notwithstandyng.
And to the intent that al vsurped and forraigne power and aucthoritie, spirituall and temporall, maye for euer be clearely extinguished, and neuer to be vsed or obeyed within this Realme, or any other your Maiesties dominions or countreyes: may it please your highnes, that it may be further enacted by thaucthoritie aforesaid, that no forraigne prince, parson, prelats, state, or potentate, spiritual or temporal, shal at anye tyme after the last day of this Session of Parliamente, vse, enioy, or exercise, any maner of power, iurisdiction, superioritie, aucthoritie, preheminēce, or priuiledge, spiritual or ecclesiastical, within this realme, or within any other your Maiesties dominions or countreys, that now be, or hereafter shalbe, but frō thēceforth y e same shalbe clearly abolished out of this realme, & al other your highnes dominions for euer: any statute, ordinaunce, custome, cōstitutions, or any other matter or cause whatsoeuer to the contrary in any wise, notwithstanding.
And that also it may lykewyse please your hyghnesse, that it may be established and enacted by the aucthoritie aforesayde, that suche iurisdictions, priuiledges, superiorities, and preheminences spirituall and ecclesiasticall, as by anye spirituall or ecclesiasticall power or aucthoritie, hath heretofore ben, or maye lawfullye be exercised or vsed, for the visitation of the ecclesiasticall state and persons, and for reformation, order, and correction of the same, and of all maner errours, heresies, scismes, abuses, offences, contemptes, and enormities, shall for euer, by aucthoritie of this present Parliamente, be vnited and annexed to the imperiall Crowne of this Realme. And that your highnes, your heyres and successours, kinges or Queenes of this realme, shal haue ful power and aucthoritie by vertue of this act, by letters patentes vnder the great Seale of Englande, to assigne, name, and aucthorize, when & as often as your highnes, your heyres or successours shall thynke meete and conuenient, and for suche and [Page] so long tyme as shall please your hyghnes, your heires or successours, suche person or persons beyng naturall borne subiectes to your hyghnesse, your heires or successours, as your Maiestie, your heyres or successours shal think meete, to exercise, vse, occupy, and execute, vnder your highnes, your heyres and successours, all maner of iurisdictions, priuiledges, and preheminences, in anye wyse touchyng or concernyng anye spirituall or ecclesiasticall iurisdiction within these your realmes of Englande and Irelande, or any other your hyghnesse dominions or countreyes, and to visite, refourme, redresse, order, correct, and amende all suche errours, he resies, scismes, abuses, offences, contemptes, and inormities whatsoeuer, which by any maner spirituall or ecclesiasticall power, aucthoritie, or iurisdiction, can or maye lawfully be refourmed, ordered, redressed, corrected, restrayned, or amended, to the pleasure of almyghtie God, the encrease of vertue, and the conseruation of the peace and vnitie of this Realme: and that such person or persons so to be named, assigned, aucthorized, and appoynted by your hyghnes, your heyres or successours, after the sayde letters patentes to hym or them made and delyuered, as is aforesayde, shall haue full power and aucthoritie by vertue of this acte, and of the sayd letters patentes, vnder your hyghnesse, your heires or successours, to exercise, vse, and execute all the premisses, accordyng to the tenour and effect of the sayde letters patentes: any matter or cause to the contrary in any wyse, notwithstandyng.
And for the better obseruation and mayntenaunce of this acte, maye it please your hyghnesse that it maye be further enacted by the aucthoritie aforesayde, that all and euerye Archbyshoppe, Byshoppe, and all and euerye other ecclesiasticall person, and other ecclesiasticall officer and minister, of what estate, dignitie, preheminence, or degree soeuer he or they be, or shalbe, and all and euery temporall Iudge, Iusticer, Maior, and other lay or temporall officer and minister, and euerye other person hauing your hyghnesse fees or wages within this Realme, or anye your hyghnesse dominions, shall make, take, and receaue a corporal othe vpon the Euangelist, before such person or persons as shall please your hyghnesse, your heyres or successours, vnder the greate Seale of Englande, to assigne and name, to accepte and take the same accordyng to the tenour and effecte hereafter folowyng: that is to saye, I.A.B. do vtterlye testifie and declare in my conscience, that the Queenes hyghnesse is the onlye supreame gouernour of this realme, & of al other her highnes dominions & countreys, aswell in all spirituall or ecclesiasticall thinges or causes, as temporal, and that no forraigne prince, parson, prelate, state, or potentate, hath or ought to haue any iurisdiction, power, superioritie, preheminence, or aucthoritie, ecclesiasticall or spiritual within this realme, and therefore [Page] I do vtterly renounce and forsake al forrayne iurisdictions, powers, superiorities, and aucthorities, and do promise that from hencefoorth I shall beare fayth and true allegiaunce to the Queenes hyghnes, her heyres and lawfull successours, and to my power shall assiste and defend all iurisdictions, priuiledges, preheminences, and aucthoties, graunted or belongyng to the Queenes hyghnes, her heyres and successours, or vnited and annexed to the imperiall crowne of this Realme, so helpe me God, and by the contentes of this booke.
And that it may be also enacted, that if any suche Archbyshoppe, Byshoppe, or other Ecclesiasticall officer or minister, or anye of the sayde Temporal Iudges, Iusticiaries, or other lay officer or minister, shall peremptorilie or obstinately refuse to take or receaue the sayde othe, that then he so refusyng, shal forfeyte & lose only duryng his life, al and euery Ecclesiasticall and Spirituall promotion, benefice, & office, and euery temporall and lay promotion and office, which he hath solye at the tyme of such refusall made: and that the whole tytle, interrest, and incumbencie, in euery such promotion, benefice, and other office, as agaynst suche person onlye so refusing, during his lyfe, shall clearely cease, and be voyde, as though the partie so refusyng were dead. And that also all and euery such person and persons, so refusyng to take the sayde othe, shall immediatlye after suche refusall, be from thencefoorth during his lyfe, disabled to retayne or exercise any office, or other promotion, whiche he at the tyme of such refusall hath ioyntly, or in common with any other person or persons: and that all and euery person and persons, that at any tyme hereafter shalbe preferred, promoted, or collated to anye Archbyshopricke or Byshopricke, or to any other Spirituall or Ecclesiasticall benefice, promotion, dignitie, office, or ministery, or that shalbe by your highnes, your heyres, or successours, preferred or promoted to any tēporal or lay office, ministerye, or seruice within this realme, or in any your highnes dominions, before he or they shal take vpon him or them to receaue, vse, exercise, supplye, or occupye any suche Archbyshopricke, Byshopricke, promotion, dignitie, office, ministery, or seruice, shal likewise make, take, & receaue the sayd corporal othe before mentioned, vppon the Euangelist, before such persons as haue or shall haue aucthoritie to admit any such person to any such office, ministery, or seruice, or els before suche person or persons, as by your highnes, your heires or successours, by commission vnder the great Seale of England, shalbe named, assigned, or appointed, to minister the said othe. And that it may likewise be further enacted by thaucthoritie aforesaid, that if any such person or persons, as at anye tyme hereafter shalbe promoted, preferred, or collated to anye suche promotion Spirituall, or Ecclesiasticall benefice, office, or ministerye, or that by your highnes, your heires or successours, shalbe [Page] promoted or preferred to any temporall or laye office, ministerie, or seruice, shall and do peremptorily and obstinatelye refuse to take the same othe so to him to be offered, that then he or they so refusing, shal presently be iudged disabled in the lawe, to receaue, take, or haue the same promotion spyrituall, or ecclesiastical, or the same temporall office, ministerie, or seruice within this realme, or any other your highnesse dominions, to all intentes, constructions, and purposes.
And that it may be further enacted by the aucthoritie aforesayd, that all and euery person and persons temporal, suing liuerie, or oustre le maine, out of the handes of your highnesse, your heyres or successours, before his or theyr liuerie or oustre le maine sued foorth and alowed, and euery temporal person or persons, doing any homage to your highnes, your heyres or successours, or that shalbe receaued into seruice with your highnes, your heyres or successors, shall make, take, and receaue the said corporall othe before mentioned, before the Lord Chauncelour of England, or the Lord Keper of the great seale for the time being, or before such person or persons, as by your hyghnesse, your heyres, or successours shalbe named and appoynted to accept or receaue the same. And that also all and euery person and persons takyng orders, and all and euery other person and personnes, which shalbe promoted or preferred to any degree of learnyng in anye Vniuersitie within this your Realme or dominions, before he shall receaue, or take any such orders, or be preferred to anye suche degree of learnyng, shall make, take, and receaue the sayde othe by this acte set foorth and declared, as is aforesayd, before his or their Ordinarie, Commissarie, Chauncelour, or Vicechauncelour, or theyr sufficient deputies in the saide Vniuersitie.
Prouided alwayes, & that it may be further enacted by thaucthoritie aforesaide, that yf any person hauyng any estate of inheritance, in any temporall office or offices, shall hereafter obstinately and peremptorilie refuse to accept and take the said oth as is aforesaid, and after at any time during his life shall wyllingly requyre to take and receaue the saide oth, and so do take and accept the same othe before any person or persons that shal haue lawful aucthoritie to minister the same: that then euery suche person immediatly after he hath so receaued the same othe, shalbe vested, iudged, & deemed in like estate and possession of the saide office, as he was before the saide refusall, and shall and may vse and exercise the said office, in such maner and fourme as he should or myght haue done before suche refusall: anye thing in this acte conteyned to the contrary in any wyse, notwithstandyng.
And for the more sure obseruation of this acte, and the vtter extinguyshment of al forraigne and vsurped power and aucthoritie, [Page] may it please your highnesse, that it maye be further enacted by the aucthoritie aforesayde, that yf any person or persons, dwelling or inhabiting within this your Realme, or in any other your hyghnesse Realmes, or Dominions, of what estate, dignitie, or degree soeuer he or they be, after thende of .xxx. dayes next after the determination of this session of this present Parliament, shal by wryting, printing, teachyng, preachyng, expresse wordes, deede, or acte, aduisedly, malitiously, and dyrectly affyrme, holde, stande with, set foorth, mayntayne, or defende the aucthoritie, preheminence, power, or iurisdiction Spiritual or Ecclesiastical, of any forraine Prince, Prelate, Parson, State, or Potentate whatsoeuer, heretofore claymed, vsed, or vsurped within this Realme, or any Dominion or Countrey, beyng within or vnder the power, dominion, or obeysaunce of your highnes: or shall aduisedly, malitiously, and directly put in vre, or execute any thing for the extolling, aduauncement, setting foorth, mayntenance, or defence of any such pretended, or vsurped iurisdiction, power, preheminence, or aucthoritie, or any part thereof: that then euery such person & persons, so doyng and offendyng, theyr abbettours, aydours, procurers, & counsaylours, beyng thereof lawfully conuicted and attaynted, according to the true order and course of the common lawes of this Realme, for his or theyr first offence, shall forfayte and lose vnto your highnesse, your heyres & successours, all his and theyr goodes and cattels, aswell reall as personal. And yf any such person so conuicted or attaynted, shall not haue, or be worth of his proper goodes and cattels to the value of .xx.li. at the time of suche his conuiction or attainder: that then euery such person so conuicted and attaynted, ouer and besides the forfayture of all his saide goodes and cattels, shall haue and suffer imprisonment by the space of one whole yere, without baile or maineprise. And that also all and euerye the benefices, prebendes, and other ecclesiasticall promotions and dignities whatsoeuer, of euery spirituall person so offendyng, and beyng attaynted, shall immediatly after such attayndour be vtterly voyde to all intentes and purposes, as though the incumbent therof were dead, and that the patrone and donor of euery suche benefice, prebende, spirituall promotion, and dignitie, shall and maye lawfully present vnto the same, or geue the same, in suche maner and fourme, as if the said incumbent were dead. And if any suche offendour or offendours, after such conuiction or attaynder, do eftsones commit or do the sayde offences, or any of them, in maner and fourme aforesaid, and be thereof duely conuicted and attaynted, as is aforesayde: that then euery suche offendour and offendours, shal for the same seconde offence, incurre into the daungers, penalties, and forfeytures, ordeyned and prouided by the statute of prouision and premunire, made in [Page] the .xvi. yereof the raigne of king Richard the second. And yf any such offendour proffendours, at any time after the sayd seconde conuiction and attayndour; do the thirde time commit and do the sayde offences, or anye of them, in maner and fourme aforesayde, and be thereof duely conuicted and attaynted as is aforesayde: that then euerye suche offence or offences, shalbe deemed and adiudged high treason, and that the offendour and offendours therein, beyng thereof lawefullye conuicted and attaynted, accordyng to the lawes of this Realme, shall suffer paynes of death, and other penalties, forfeytures, and losses, as in cases of high treason by the lawes of this Realme.
And also that it maye lykewyse please your highnesse, that it maye be enacted by the aucthoritie aforesayde, that no maner of person or persons, shalbe molested or impreached for anye the offences aforesayde, committed or perpetrated onlye by preachyng, teachyng, or wordes, vnlesse he or they be thereof lawfullye indicted, within the space of one whole yere next after his or theyr offences so committed. And in case any person or persons, shall fortune to be imprysoned for anye of the sayde offences committed by preachyng, teachyng, or wordes onelye, and be not thereof indicted within the space of one halfe yere, next after his or theyr suche offence so committed and done: that then the sayde personne so imprisoned, shalbe sette at libertie, and be no longer deteyned in pryson for any suche cause or offence.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that this acte or anye thing therein conteyned, shall not in anye wyse extende to repeale any clause, matter, or sentence conteyned or specified in the said acte of Repeale, made in the sayd fyrste and seconde yeres of the raignes of the sayde late kyng Philippe, and Queene Marie, as doth in any wyse touche or concerne any matter or cause of premunire, or that doth make or ordeyne any matter or cause to be within the case of premunire, but that the same, for so much only as toucheth or concerneth any case or matter of premunire, shal stande and remayne in such force and effecte, as the same was before the makyng of this acte: any thing in this acte conteyned to the contrarye in any wyse, notwithstandyng.
Prouided also, and be it enacted by the aucthoritie aforesayde, that this acte, or anye thing therein conteyned, shall not in anye wyse extende or be preiudiciall to anye person or personnes for anye offence or offences committed or done, or hereafter to be committed or done, contrarye to the tenour and effecte of anye acte or statute now reuiued by this acte, before the end of .xxx. dayes next after thend of the session of this present Parliament: any thing in this act conteyned, [Page] or any other matter or cause to the contrary, notwithstandyng.
And yf it happen that any yeere of this Realme, shall fortune to be indicted of, and for any offence that is reuiued or made premunire, or treason by this acte, that then he so beyng indicted, shal haue his triall by his peeres, in suche like maner and fourme, as in other cases of treason hath ben vsed.
Prouided alwayes, and be it enacted as is aforesayde, that no maner of order, acte, or determination, for any matter of religion, or cause Ecclesiasticall, had or made by the aucthoritie of this present Parliament, shalbe accepted, deemed, interpretate, or adiudged at anye tyme hereafter, to be any errour, heresye, schisme, or schismaticall opinion: any order, decree, sentence, constitution, or lawe, whatsoeuer the same be to the contrary, notwithstandyng.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that such person or persons to whom your hyghnesse, your heyres or successours, shall hereafter by letters patentes, vnder the great seale of Englande, geue aucthoritie to haue or execute any iurisdiction, power, or aucthoritie Spirituall, or to visite, reforme, order, or correct anye errours, heresies, schismes, abuses, or enormities, by vertue of this acte, shall not in anye wyse haue aucthoritie or power to order, determine, or adiudge any matter or cause to be heresye, but onlye suche as heretofore haue ben determined, ordred, or adiudged to be heresie, by the aucthoritie of the canonicall Scriptures, or by the fyrst foure generall counsayles, or any of them, or by anye other generall counsayle, wherein the same was declared heresy, by the expresse & plaine wordes of the said Canonicall Scriptures, or such as hereafter shalbe ordered, iudged, or determined to be heresie, by the hygh Court of Parliament of this Realme, with the assent of the Cleargie in theyr conuocation: Any thing in this acte conteyned to the contrary, notwithstandyng.
And be it further enucted by the aucthoritie aforesayde, that no person or persons, shalbe hereafter indicted or arraigned for any the offences made, ordeyned, reuiued, or adiudged by this acte, vnlesse there be two sufficient witnesses or more, to testifie and declare the sayde offences, whereof he shalbe indicted or arraigned. And that the said witnesses, or so many of them as shalbe liuing, and within this Realme at the time of the arraignement of such person so indicted, shalbe brought foorth in person, face to face, before the partie so arraigned, and there shal testifie and declare, what they can say agaynst the partie so arraigned, yf he requyre the same.
Prouided also, and be it further enacted by the aucthoritie aforesaid, that if any person or persons, shal hereafter happen to geue any reliefe, ayde, or comfort, or in any wyse be aydyng, helpyng, or comfortyng to the person or persons of any that shall hereafter happen to be an offendour [Page] in any matter or case of Primunire or treason, reuiued or made by this acte: that then suche releefe, ayde, or comfort geuen, shal not be iudged or taken to be anye offence, vnlesse there be two sufficient witnesses at the least, that can and will openlye testifie and declare, that the person or persons that so gaue suche releefe, ayde, or comfort, had notice and knowledge of suche offence committed and done by the sayd offendour, at the tyme of suche releefe, ayde, or comfort, so to hym geuen or ministred: any thyng in this acte contayned, or any other matter or cause to the contrary in any wise, notwithstanding.
And where one pretensed sentence hath heretofore ben geuen in the consystorye in Powles, before certayne Iudges, de legate, by the aucthoritie Legantine of the late Cardinall Poole, by reason of a forraigne vsurped power and auctoritie, against Richard Chetwod Esquire, and Agnes his wife, by the name of Agnes Doodhul, at the sute of Charles Tyrrell gentleman, in a cause of matrimonie solemnised betweene the said Richard & Agnes, as by the same pretensed sentence more playnely doth appeare, from which sentence the said Richarde and Agnes haue appealed to the court of Rome, whiche appeale doth there remayne, and yet is not determined: May it therefore please your hyghnes, that it may be enacted by the aucthoritie aforesayd, that if sentence in the said appeale, shall happen to be geuen at the said court of Rome, for and in the behalfe of the said Richard and Agnes, for the reuersing of the said pretensed sentence, before the ende of three score dayes next after the end of this Session of this present Parliament: that then the same shalbe iudged & taken to be good and effectual in the lawe, and shall, and may be vsed, pleaded, and alowed in anye courte or place within this Realme: anye thyng in this act, or in any other act or statute contayned to the contrary, notwithstanding. And if no sentence shalbe geuen at the court of Rome in the sayde appeale, for the reuersing of the sayde pretensed sentence, before the end of the said three score dayes, that then it shall and maye be lawfull for the sayde Richarde and Agnes, and eyther of them, at any tyme hereafter to commense, take, sue, and prosecute their said appeale from the said pretensed sentence, and for the reuersyng of the sayd pretensed sentence within this Realme, in such like maner & fourme as was vsed to be pursued, or myght haue ben pursued within this realme, at any time since the .xxiiii. yere of y e raigne of the said late kyng Henry the eyght, vppon sentences geuen in the court or courtes of any Archbyshop within this Realme. And that such appeale as so hereafter shalbe taken or pursued by the sayd Richarde Chetwood and Agnes, or eyther of them, and the sentence that herein or thereupon shall hereafter be geuen, shalbe iudged to be good and effectuall in the lawe, to all intentes and purposes: any [Page] law, custome, vsage, canon, constitution, or any other matter or cause to the contrary, notwithstandyng.
Prouided also, and be it enacted by the aucthoritie aforesayde, that where there is the lyke appeale nowe depending in the sayde court of Rome, betwene one Robert Harcourt, Marchant of the Staple, and Elizabeth Harcourt, otherwyse called Elizabeth Robins of the one partie, and Anthonye Fydell, Marchaunt straunger, on the other partye, that the sayd Robert, Elizabeth, and Anthonye, and euerye of them, shal and may for the prosecutyng & trying of theyr said appeale, haue and enioye the lyke remedye, benefite, and aduauntage, in lyke maner and fourme as the sayde Richarde and Agnes, or any of them, hath, may, or ought to haue and enioy: this acte or anye thing therin contayned to the contrary in any wise, notwithstandyng.
An Acte for the vniformitie of Common prayer, and seruice in the Churche, and the administration of the Sacramentes. The .ii. Chapter.
WHere at the death of our late Soueraigne Lorde kyng Edwarde the sixt, there remained one vniforme order of common seruice & prayer, and of the administration of Sacramentes, rites, & ceremonies in the Church of England, which was set foorth in one boke, entituled, The boke of common praier, & administration of Sacramentes, and other rites & ceremonies in the Church of England, aucthorised by act of parliament, holden in the fifte and sixt yeres of our sayde late Soueraigne Lorde kyng Edwarde the syxte, entituled, An acte for the vniformitie of common prayer, and administration of the Sacramentes: the whiche was repealed and taken away by acte of Parliament in the fyrste yere of the raigne of our late Soueraigne Lady Queene Mary, to the great decaye of the due honour of God, and discomforte to the professours of the trueth of Christes religion.
Be it further enacted by the aucthoritie of this presente Parliamente, that the sayde estatute of repeale, and euerye thyng therein contayned, onelye concernyng the sayde booke, and the seruice, administration [Page] of Sacramentes, rites, & ceremonies, contayned, or appoynted in or by the saide booke, shalbe voyde and of none effect, from & after the feast of the Natiuitie of. S. Iohn Baptist next comming: And that the sayde booke, with the order of seruice and of thadministration of Sacramentes, rites, and ceremonies, with the alteration and additions therein added and appoynted by this estatute, shall stand, and be from and after the said feast of the Natiuitie of. S. Iohn Baptist, in full force and effecte, accordyng to the tenour and effecte of this estatute: any thyng in the aforesayde estatute of repeale to the contrary, notwithstandyng.
And further be it enacted by the Queenes hyghnes, with thassent of the lordes and commons in this present parliament assembled, and by aucthoritie of the same, that all and singuler ministers in any Cathedrall or parishe church, or other place within this Realme of Englande, Wales, and the marches of the same, or other the Queenes dominions, shall from and after the feast of the Natiuitie of saint Iohn Baptyste nexte commyng, be bounden to say and vse the Mattens, Euensong, Celebration of the Lordes Supper, and administration of eche of the sacramentes, and all theyr common and open prayer, in such order and fourme as is mentioned in the sayde booke so aucthorised by parliament, in the sayd .v. and .vi. yeres of the raigne of kyng Edwarde the sixte, with one alteration or addition of certayne lessons to be vsed on euery Sunday in the yere, and the fourme of the Letanye altered and corrected, and two sentences only added in the deliuerie of the Sacrament to the communicants, and none other, or otherwyse. And that yf any maner of Parson, Vicar, or other whatsoeuer Minister, that ought, or shoulde syng or saye common prayer, mentioned in the sayd booke, or minister the Sacramentes, from and after the feaste of the Natiuitie of. S. Iohn Baptist next commyng, refuse to vse the sayde common prayers, or to minister the Sacramentes in suche Cathedrall or parishe Churche, or other places, as he shoulde vse to minister the same, in suche order and fourme as they be mentioned and set foorth in the sayd booke, or shall wylfullye or obstinately, standyng in the same, vse any other ryte, ceremonie, order, fourme, or maner of celebrating of the lordes supper, openly or priuely, or mattens, euensong, administratiō of the Sacraments, or other open prayers then is mentioned and set forth in the said booke (Open prayer in & throughout this acte, is meant that prayer which is for other to come vnto, or heare, either in common Churches or priuate Chappels, or Oratories, commonly called the seruice of the Church) or shal preach, declare, or speake any thing in the derogation or deprauing of the said booke, or any thyng therein contayned, or of any part therof, and shalbe therof lawfully conuicted, according to the lawes of [Page] this Realme, by verdict of twelue men, or by his owne confession, or by the notorious euidence of the facte, shall lose and forfayte to the Queenes highnesse, her heyres and successors, for his first offence, the profite of all his spirituall benefices or promotions, comming or arysing in one whole yere next after this conuiction. And also that the person so conuicted, shall for the same offence, suffer imprisonment by the space of .vi. monethes, without bayle or maynepryse. And yf anye such person once conuict of any offence concerning the premisses, shal after his first conuiction eftsones offende, and be thereof in fourme aforesayde lawfully conuicte, that then the same person shal for his seconde offence suffer imprisonment by the space of one whole yere, and also shall therfore be depriued, ipso facto, of all his spirituall promotions, and that it shalbe lawful to al patrons or donors of al and singuler the same spirituall promotions, or of any of them, to present or collate to the same, as though the person or persons so offendyng were dead. And that yf any suche person and persons, after he shalbe twyse conuicted in fourme aforesayde, shall offende agaynst anye of the premisses the thirde tyme, and shalbe thereof in fourme aforesayd lawfully conuicted, that then the person so offendyng, and conuicted the thyrde tyme, shalbe depriued ipso facto, of all his spirituall promotions, and also shall suffer imprisonment duryng his lyfe. And yf the person that shall offende, and be conuicted in fourme aforesayde, concernyng any of the premisses, shall not be beneficed, nor haue any spirituall promotion, that then the same person so offendyng and conuicte, shal for the first offence suffer imprisonment duryng one whole yere next after his sayde conuiction, without bayle or mayneprise. And yf any suche person, not hauyng anye spiritual promotion, after his firste conuiction, shall eftsones offende in any thyng concernyng the premisses, and shall in fourme aforesayde be thereof lawfully conuicted, that then the same person shall for his seconde offence suffer imprysonment duryng his lyfe.
And it is ordayned and enacted by the aucthoritie aforesayde, that yf any person or persons whatsoeuer, after the sayde feaste of the Natiuitie of saint Iohn Baptist next comming, shall in any enterludes, playes, songues, rymes, or by other open wordes, declare or speake any thyng in the derogation, deprauyng, or despisyng of the same booke, or of any thyng therin contayned, or any part therof, or shall by open facte, deede, or by open threatnynges, compell or cause, or otherwyse procure or maynteyne any Parson, Vicar, or other Minister in any Cathedral or Paryshe Church, or in Chappell, or in any other place, to sing or say any common or open prayer, or to minister any Sacrament, otherwyse, or in any other maner & fourme then is mentioned in the sayde booke, or that by any of the said meanes shall [Page] vnlawfully interrupt, or let any Parson, Vicar, or other Minister in any Cathedrall or Parish Churche, Chappell, or anye other place, to syng or say common and open prayer, or to minister the Sacramentes, or any of them, in such maner and fourme, as is mentioned in the sayd booke: that then euery such person beyng thereof lawfully conuicted, in fourme abouesayde, shall forfeyte to the Queene our Soueraigne Ladie, her heyres and successours, for the firste offence, a hundreth markes. And if any person or persons, beyng once conuicte of any such offence, eftsoones offend agaynst any of the last recited offences, and shall in fourme aforesayde be thereof lawfully conuicte: that then the same person so offendyng and conuict, shall for the second offence forfayte to the Queene our Soueraigne Lady, her heyres and successours, foure hundreth markes. And if anye person, after he in fourme aforesayd, shall haue ben twyse conuict of any offence concerning any of the last recited offences, shall offend the third tyme, and be thereof in fourme abouesayde lawfully conuict: that then euery person so offendyng and conuicte, shall for his thirde offence, forfayte to our Soueraigne Ladye the Queene, all his goodes and cattels, and shal suffer imprisonment during his life. And if any person or persōs, that for his first offence concernyng the premisses shalbe conuicte in fourme aforesayde, do not pay the summe to be payde by vertue of his conuiction, in such maner and fourme as the same ought to be paide, within .vi. weekes next after his conuiction: that then euery person so conuict, and so not paying the same, shall for the same first offence, insteede of the sayde summe, suffer imprysonment by the space of .vi. monethes, without baile or mainprise. And if any person or persons, that for his seconde offence concernyng the premisses, shalbe conuicte in fourme aforesayd, do not pay the saide summe to be paide by vertue of his conuiction, and this estatute, in such maner & fourme as the same ought to be paid, within .vi. weekes next after his said second conuiction: that then euery person so conuicted, and not so paying the same, shal for the same second offence, in the steede of the sayde summe, suffer imprisonmente duryng .xii. monethes, without bayle or mayneprise. And that from and after the sayde feaste of the Natiuitie of .S. Iohn Baptist next comming, all and euery person and persons, inhabiting within this realme, or any other the Queenes Maiesties dominions, shall diligently and faithfully, hauing no lawful or reasonable excuse to be absent, endeuour them selues to resort to their parish Churche or Chappell accustomed, or vppon reasonable let thereof, to some vsuall place where common prayer and suche seruice of God shalbe vsed, in suche tyme of let vppon euery Sundaye, and other dayes ordeyned and vsed to be kept as holye dayes, and then and there to abide orderlye and soberlye, duryng the tyme of the common prayer, preachinges, [Page] or other seruice of God, there to be vsed and ministred, vppon payne of punishment by the censures of the Churche, and also vpon payne that euery person so offendyng, shall forfeyte for euery such offence .xii.d. to be leuied by the Churchwardens of the parishe where such offence shalbe done, to thuse of the poore of the same parish, of the goodes, landes, and tenementes of suche offendour, by way of distresse. And for due execution hereof, the Queenes moste excellent Maiestie, the lordes temporall, and all the commons in this present parliament assembled, doth in Gods name earnestly require & charge al the Archbyshopes, Byshopes, & other Ordinaries, that they shal endeuour them selues to the vttermost of their knowledges, that the due and true execution hereof, my be had throughout their diocesse and charges, as they will aunswere before God, for such euilles & plagues wherwith almighty God may iustly punish his people for neglecting this good and holesome law. And for their aucthoritie in this behalfe, be it further enacted by the aucthoritie aforesayde, that all and singuler the same Archbishops, Byshops, and all other their officers exercising Ecclesiasticall iurisdiction, aswell in place exempt, as not exempt, within their diocesse, shall haue full power and aucthoritie by this acte, to refourme, correct, and punish by censures of the Churche, all and singuler persons whiche shall offend within any their iurisdictions or diocesse, after the sayde feaste of the Natiuitie of. S. Iohn Baptist next comming, agaynst this acte and statute: any other law, statute, priuiledge, libertie, or prouision, heretofore made, had, or suffered to the contrary, notwithstandyng.
And it is ordeyned and enacted by the aucthoritie aforesayde, that all and euerye Iustices of Oyer and determiner, or Iustices of Assise, shall haue full power and aucthoritie in euery of their open and generall Sessions, to enquire, heare, and determyne, all and all maner of offences, that shalbe committed or done contrary to any article conteyned in this presente acte, within the limites of the Commission to them directed, and to make processe for the execution of the same, as they may do agaynst any person beyng indited before them of trespas, or lawfully conuicted thereof.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that all and euery Archbyshop and Byshop, shall or may at all tyme and tymes, at his libertie and pleasure, ioyne and associate hym selfe by vertue of this acte, to the sayd Iustices of Oyer and determiner, or to the sayde Iustices of Assise, at euery of the sayde open and generall Sessions to be holden in any place within his diocesse, for and to the enquirie, hearing, and determining of the offences aforesayde.
Prouided also, and be it enacted by the aucthoritie aforesayde, that the bookes concernyng the sayde Seruices, shall at the costes and [Page] charges of the parishioners of euery parishe, and Cathedrall Church, be attayned and gotten before the saide feast of the Natiuitie of Saint Iohn Baptist next folowyng, and that all suche parishes and Cathedral Churches, or other places, where the said bookes shalbe attained and gotten before the said feast of the Natiuitie of Saint Iohn Baptist, shall within three weekes next after the sayde bookes so attayned and gotten, vse the sayde seruice, and put the same in vre, accordyng to this acte.
And be it further enacted by the aucthoritie aforesayde, that no person or persons shalbe at anye tyme hereafter impeached, or otherwyse molested, of, or for any the offences aboue mentioned, hereafter to be committed or done contrarye to this acte, vnlesse he or they so offendyng be thereof indited at the next generall Sessions to be holden before any suche Iustices of Oyer and determiner, or Iustices of Assise, next after any offence committed or done contrary to the tenour of this acte.
Prouided alwayes, and be it ordayned and enacted by thauctoritie aforesayde, that all and singuler Lordes of the Parliamenet, for the third offence aboue mentioned, shalbe tryed by their peeres.
Prouided also, and be it ordayned and enacted by the aucthoritie aforesaid, that the Maior of London, and all other Maiors, Bailiffes, and other head officers, of all and singuler Cities, Boroughes, and Townes corporate, within this Realme, Wales, and the marches of the same, to the whiche Iustices of Assise do not commonlye repayre, shal haue full power and aucthoritie by vertue of this acte, to enquire, heare, and determine the offences abouesayde, and euery of them, yerelye within .xv. dayes after the feaste of Easter, and. S. Michaell tharchangell, in lyke maner and fourme as Iustices of Assise and Oyer and determiner may do.
Prouided alwayes, and be it ordeyned and enacted by thaucthoritie aforesayde, that all and singuler Archbyshoppes and Byshoppes, and euery of their Chauncellours, Commissaries, Archdeacons, & other Ordinaries, hauing any peculier Ecclesiastical iurisdiction, shal haue full power and aucthoritie by vertue of this act, aswel to enquire in their visitation, Synodes, and elswhere within their iurisdiction at any other tyme and place, to take accusations & informations of al and euery the thynges aboue mentioned, done, committed, or perpetrated, within the limites of their iurisdictions and aucthoritie, & to punish the same by admonition, excommunication, sequestration, or depriuation, and other censures and processe, in lyke fourme as heretofore hath ben vsed in like cases by y e Queenes Ecclesiasticall lawes.
Prouided alwayes, and be it enacted, that whatsoeuer person offendyng in the premisses, shal for their offences fyrst receaue punishment [Page] or the Ordinarie, hauing a testimoniall thereof vnder the sayde Ordinaryes Seale, shall not for the same offence eftsoones be conuicted before the Iustices. And lykewyse receauing for the sayde firste offence punishment by the Iustices, he shall not for the same offence eftsoones receaue punishment of the Ordinarie: any thing conteyned in this acte to the contrary, notwithstandyng.
Prouided alwayes and be it enacted, that suche ornamentes of the Churche, and of the ministers therof, shalbe reteyned and be in vse, as was in this Churche of Englande, by aucthoritie of Parliament, in the second yere of the raigne of kyng Edwarde the .vi. vntill other order shalbe therein taken by the aucthoritie of the Queenes Maiestie, with the aduise of her Commissioners appoynted and aucthorized vnder the great Seale of Englande for causes Ecclesiasticall, or of the Metropolitane of this Realme. And also that if there shall happen any contempt or irreuerence to be vsed in the ceremonies or rites of the Churche, by the misusyng of the orders appoynted in this booke: the Queenes Maiestie may by the lyke aduise of the sayde Commissioners or Metropolitane, ordayne and publishe such farther ceremonies or rites, as may be moste for the aduauncemente of Gods glorye, the edifying of his Churche, and the due reuerence of Christes holye Mysteries and Sacramentes.
And be it further enacted by the aucthoritie aforesayde, that all lawes, statutes, and ordinaunces, wherein or whereby anye other Seruice, administration of Sacramentes, or common Prayer, is limited, established, or set foorth to be vsed within this Realme, or anye other the Queenes dominions or countreyes, shall from hencefoorth be vtterly voyde, and of none effect.
An acte of Recognition the Queenes hyghnesse tytle to the imperiall Crowne of this Realme. The .iij. Chapter.
AS there is nothing vnder God (most dreade Soueraigne Ladie) where we your moste humble, faythfull, and obedient subiectes, the lordes spiritual and temporal, and commons in this present Parliamente assembled, haue, may, or ought to haue more cause to reioyce, then in this only, that it hath pleased God of his mercyfull prouidence and goodnes, towardes vs and this our realme, not onely to prouide, but also to preserue and keepe for vs, and our wealthes your royall maiestie, our most ryghtfull and lawfull Soueraigne [Page] liege Lady and Queene, moste happylye to raigne ouer vs, for the which we do geue and yeelde vnto hym from the bottomes of our heartes, our humble thankes, laudes, and prayses: Euen so there is nothyng that we your sayde subiectes for our parties can, may, or ought towardes your hyghnesse, more firmely, entirely, and assuredredly in the puritie of our hearts thinke, or with our mouthes declare and confesse to be true, then that your Maiestie our sayde Soueraigne Lady is, and in very deede, and of moste meere ryght ought to be by the lawes of God, and the lawes and statutes of this Realme, our most rightfull and lawful soueraigne liege Lady & Queene: and that your highnes is rightly, lineally, and lawfully descended, and come of the blood royall of this realme of Englande, in and to whose princely person, and the heyres of your body lawfullye to be begotten after you, without all doubt, ambiguitie, scruple, or question, the imperial & royall estate, place, crowne, and dignitie of this realme, with all honors, stiles, titles, dignities, regalities, iurisdictions, & preheminences to the same now belongyng and apparteining, are and shalbe most fully, rightfully, really, and entirely inuested, and incorporated, vnited, & annexed, as rightfully, and lawfully, to al intents, constructions, and purposes, as the same were in the sayd late king Henry the eight, or in the late kyng Edwarde the .vi. your highnes brother, or in y e late Queene Marie your highnes sister, at any time since the act of parliament made in the .xxxv. yere of the raigne of your said most noble father kyng Henry the eight, entituled, An act concerning the stablishment of the kings maiesties succession in the imperial crowne of this realme. For which causes, we your said most louing, faythfull, & obedient subiectes, representing the three estates of your realme of England, as therunto constrained by the law of god and man, except we should ouermuch forget our dueties to your highnes, and to the heires of your body lawfully begotten, can no lesse do, but most humbly besech your highnes, that by thaucthoritie of this present parliament, it may be enacted, established, and declared, that we do recognise, acknowledge, and confesse the same your estate, ryght, title, and succession, as is aforesaid, to be in and to your highnes, and the heyres of your body to be begotten, thorowoutly, and in the whole, and in euery part therof, in such maner & fourme as before is mentioned, declared, or confessed, and therunto most humbly & faithfully we do submit our selues, our heires & posterities for euer. And further do make our most heartie & humble petition vnto your highnesse, that it may please the same, not only to accept this our said recognition, but also our faythfull promises, that we, accordyng to our dueties, shall and will stand to assiste and defende your royall Maiestie, and the heires of your bodye to be begotten, beyng Kynges and Queenes of this Realme, and your sayd ryghtes, and titles in & to the sayde imperiall [Page] estate, place, crowne, and dignitie in all thynges thereto belongyng, at all tymes to the vttermost of our possible powers, and therein to spende our bodies, landes, and goodes, agaynst all persons whatsoeuer, that any thyng shall attempt to the contrary.
And that it may be enacted by thauctoritie aforesaide, that aswell this our declaration, confession, & recognition, as also the limitation & declaration of the succession of the imperial crowne of this realme, mentioned and conteyned in the sayde acte made in the sayde .xxxv. yere of the raigne of your sayde moste noble father, shall stande, remayne, and be the lawe of this realme for euer. And that all sentences, iudgementes, & decrees, had, made, declared, set foorth, published, and promulged, and also as muche of euery clause, article, braunche, matter, or thyng, contayned and expressed in any acte or actes of parliament, as be in any thyng repugnaunt, contrary, or derogatorie to this our saide confession, declaration, and recognition, or to any parte or parcell thereof, or contrary to the said limitation of the succession of the imperiall crowne, establyshed and made by the said act in the said xxxv. yere of the raigne of the said late king Henry theight (by whatsoeuer power or aucthoritie the same ben, or haue ben had or made) shalbe vtterly frustrate, voyde, and of none effecte: and also shall and may be cancelled, defaced, and put in perpetuall obliuion at your highnes wyll and pleasure, as yf the same had neuer ben had, made, declared, set foorth, published, or promulged.
An acte for the restitution of the first fruites and tenthes, and rentes reserued nomine dicime, and of parsonages impropriate to the imperiall crowne of this Realme. The .iiii. Chapter.
IN their most humble wyse besechen your moste excellent Maiestie, your faithful and humble subiectes, the lordes spirituall and temporall, and the Commons of this your Realme in this present Parliament assembled, that where in the Parliament of your moste noble father of famous memorie kyng Henry the eyght, holden at Westminster vpon prorogation the thirde day of Nouember, in the .xxvi. yere of his prosperous raigne, it was enacted, ordayned, and established by thaucthoritie of the same parliament amongst other thynges, that his hyghnesse, his heyres & successours, kings of this Realme, should haue & enioy from time to time to endure for euer, of euery person and persons, which at anye tyme after the first day of Ianuary then next ensuing, shoulde be nominated, elected, prefected, presented, collated, or by any other meanes appoynted [Page] to haue any Archbishoprike, Byshopryke, Abbacye, Monasterye, Pryorye, Colledge, Hospitall, Archdeconry, Deanerye, Prouostshyp, Prebend, Parsonage, Vicarage, Chauntrie, Free Chappell, or other dignitie, benefice, office, or promotion spiritual, within this Realme or els where, within any of the kings dominions, of what name, nature, or qualitie soeuer they were, or to whose foundation, patronage, or gyft soeuer they dyd belong, the firste fruites, reuenues, and profytes, for one yere of euerye suche Archbyshopryke, Byshoprike, Abbacie, Monasterie, Pryorye, Colledge, Hospital, Archdeaconry, Deanery, Prouostshyppe, Prebende, Parsonage, Vicarage, Chauntrie, Free Chappel, or other dignitie, benefice, office, or promotion spiritual aforenamed, whereunto any such person or persons shoulde after the sayde fyrst day of Ianuary be nominated, elected, prefected, presented, collated, or by any other meanes appoynted. And that euery such person and persons, before any actual or reall possession, or medling with the profites of any suche Archbishoprike, Byshopryke, Abbacy, Monastery, Colledge, Hospitall, Deanery, Prouostshyp, Prebend, Parsonage, Vicarage, Chauntrie, Free Chappel, Pryorye, or other dignitie, benefice, office, or promotion spirituall, shoulde satisfie, contente, and pay, or compoūd, or agree to pay to the kings vse, at reasonable dayes, vpon good suerties, the said first fruited and profites for one yere. And it was further enacted by aucthoritie aforesayd, that the first fruits of benefices, before that tyme accustomed to be paide to the Byshoppe of Norwiche within his Diocesse, and to the Archdeacon of Rychemonde within his Archdeaconrye, or anye other person or persons within this Realme, or any other the kings dominions, should from the sayd first day of Ianuary, ceasse and be extincte, and no longer be payde but only to the kinges highnes, his heyres and successours, in suche fourme as is before mentioned. And further it was enacted by aucthoritie aforesayde, that the kynges Maiestie, his heyres, and successours, for more augmentation and mayntenaunce of the royall estate of his imperiall crowne, shoulde yerelye haue, take, enioy, and receaue, vnited and knytte to his imperiall crowne for euer, one yerely rent or pention, amounting to the value of the tenthe part of al the reuenues, rentes, farmes, tythes, offeringes, emolumentes, and of al other profites, aswel called spiritual as temporal, apparteining or belonging, or that from thenceforth should belong to any Achebyshoprike, Byshoprike, Abbacye, Monasterye, Pryory, Archdeaconry, Deanerye, Hospitall, Colledge, House Collegiate, Prebende, Cathedrall Church, Collegiate Church, Conuentual Church, Parsonage, Vicarage, Chauntry, Freechappel, or other benefice, or promotion spiritual, of what name, nature, or qualitie soeuer they were, within any diocesse of this realme, or in Wales, the said pention or annal rent, to be [Page] yerely paid for euer, to the said late king, his heires & successors, at the feast of the Natiuitie of our Lord God, and the first payment thereof to begyn at the feast of the Natiuitie of our Lode God, which should be in the yere of our Lord god, a thousand, fiue hundred, thirtie & fiue, & to be paid yerely by such as should be appoynted to haue the collection therof, before the first day of April next folowing, after the said feast of the Natiuitie of our Lord God, as in the sayd acte more playnely it doth appeare. And where also one other act was made & established in the sayd Parliament, the sayd .xxvi. yere, that no farmour of spirituall persons, shoulde be compelled or charged to pay for theyr leassours first fruites or yerely pention for the tenth graunted vnto the kynges hyghnes, notwithstandyng any couenaunt, contracte, bond, or other thyng made to the contrary, as by the same act more playnely appeareth. And where also at one other session of the same parliament, holden by prorogation at Westminster, in the .xxvii. yere of the raigne of your sayde father, one other acte was made and establyshed, that the kynges spirituall subiectes, shoulde be deducted and allowed of the tenth of theyr spirituall promotions, for that fyrste yere for whiche they should pay the first fruites, as in the saide acte also more at large appeareth. And where also in one other Parliament of the sayde late king, holden at Westminster, in the .xxviii. yere of his raigne, amongst other thynges it was enacted and ordayned, that the yere in whiche the fyrste fruites of euery benefice and spirituall promotion shoulde be payde, shoulde begyn and be accompted immediatlye after the aduoydaunce thereof. And that the tythes, commodities, reuenues, casualties, and profites thereof (Chauntries only except) in the time of vacation, shoulde belong and afferre to the next incumbente, towardes the payment of the first fruites, as by the same acte more at large appeareth. And where also in one other Parliament holden vppon prorogation at Westminster, in the .xxxii. yere of the raigne of the sayde late kyng, one acte was made and establyshed, that Bysshoppes vpon theyr accomptes, of, and for the sayde yerelye tenthe, should be discharged by their othes of paiment of such summe or summes of money, of the sayd annal rent, or tenth, as they could not lawfully leuy, and also an order appointed howe the king should be aunswered of the tenth of any benefice & spirituall promotion, omitted in the originall or former certificate of benefices and spirituall promotions, made in the Exchequer, as by the same act last mentioned more at large appeareth. And where also in the same session and Parliament holden in the sayde .xxxii. yere of the raigne of your hyghnesse sayde noble father, and by aucthoritie of the same Parliament, one courte was erected, establyshed, and made, for the better answering of the sayde first fruites and tenthes vnto the king, called the courte of [Page] first fruites and tenthes, as in the same acte of erection thereof more fully appeareth. And where also in the same session and Parliament one other act was made, wherby the Bishop of Norwich for the time beyng (beyng before that discharged from the collection of the tenth within his diocesse) shoulde be charged and chargeable for euer, for, and with the collection of the same tenth within his dioces, & make paiment therof, as other Bishops should or ought to do within their dioces, as by the same acte more playnely appeareth. And where also in one other Parliament of the sayde late kyng, holden at Westminster vpon prorogation, in the .xxiiii. yere of his raigne, one acte was establised and made concernyng Collectours and Receauers, to make payment of their receiptes within three monethes next after the same shoulde be due, and payde to the kinges vse, vnder certayne penalties therin expressed, as by y e same acte more at large appeareth. And where also in the same Session and Parliament it was enacted and established, taht the newe erected Bishops, of Chester, Gloucester, Peterborough, Bristoll, Oxford, and their successours for euer, should pay their tenthes reserued vpon their letters patents, or their seuerall erections, onely in the sayd court of the first fruites & tenthes for euer, as by the same acte more at large appeareth. And where also in the Parliament of the sayd late kyng, holden at Westminster in the .xxxvii. yere of his raigne, one act entituled, An acte for the vnion of Churches, not exceedyng the value of .vi.li. was established and made, wherein is conteyned a sauyng to the kyng of the first fruites and tenthes of all Churches and Chappels, not exceeding the value of .vi.li. that then were, or from thenceforth should be vnited and consolidate in one, as in the same acte and sauyng more largely appeareth. And where also in the Parliament of your hyghnesse dearest brother of worthy memorie kyng Edwarde the sixth, holden at Westminster vpon prorogation, in the seconde yere of his raigne, one acte was made, that by the certificat of the Bishop of any diocesse within this Realme, or any of the dominions of the same, of recusaunce or none payment of any tenth of any benefice or spirituall promotion, the incumbente shoulde leese but the benefice or promotion onely, as by the same acte more playnely appeareth.
And where also in one other Parliament of the sayde late kyng Edwarde, holde at westminster in the seuenth yere of his raigne, one acte was made and established, declaring howe and in what sort the vnder Collectours of the tenth in euery dioces, appoynted by the Bishop, should be bounde to discharge the Bishops of that collection, and a lenger day geuen for the payment of the tenth: and howe the kyng shoulde be aunswered of the tenth for the tyme of vacation of euery benefice and spirituall promotion, and that the patentes of the [Page] collection of tenth, shoulde be good only duryng the incumbentes of the grauntours, as in the same acte more at large is conteyned. And where also in the second session of Parliament of our late soueraigne Lady Queene Marie your Maiesties dearest sister, holden at Westminster in the first yere of her raigne, one acte was made and established, whereby full power and aucthoritie was geuen and appoynted vnto her highnesse at her wyll and pleasure, to alter, chaunge, vnite, transport, dissolue, or determine, aswell the sayde court of first fruites and tenthes, as the court of augmentations of the reuenues of the kynges crowne, and other courtes therein expressed, and to reduce the same courtes, or any of them, into one, two, or more court or courtes, or to vnite and annexe the sayd courtes, or any two or more of them, together, or to any other of her Maiesties courtes of recordes, as to her it shoulde be thought most conuenient & best, for the better, sure, and more speedie aunswering of her yerely reuenues, casualties, and profites, then aunswerable in the sayde courtes, or any of them, as in the same acte more at large is expressed: by vigor and aucthoritie of which act, the sayde late Queene by her graces foure seuerall letters patentes, wherof two beare date the .xxiii. day of Ianuary, in the first yere of her raigne, and the other two the .xxiiii. day of Ianuary in the same yere, dyd not only dissolue, determine, and extinguishe the sayde courts commonly called and entituled, The court of augmentations and reuenues of the kings crowne, and, The court of the first fruites and tenth, and the iurisdiction and aucthoritie thereof: but also dyd vnite, transpose, and annex the sayde courtes of augmentations and reuenues of the kinges crowne, and of the first fruites and tenthes so dissolued, to the sayde court of the Exchequer, there to be and continue as a member and parcell of the same court of the Exchequer: and did appoynt all and singuler the reuenues, casualties, profites, and hereditamentes then aunswerable in the sayde courtes, to the order, rule, suruey, and gouernaunce of the sayde court of the Exchequer, there to be aunswered and accompted for euer, in suche order, maner, and fourme, as in the sayde later letters patentes, and in two Scedules vnto the sayde letters patentes annexed, is mentioned and declared, as by the tenour and purport of the sayde letters patentes and Scedules, signed with her highnes hand, more plainely may appeare. By reason of all whiche sayde premisses, not onelye the sayde perpetuall reuenues of the firste fruites and tenthes, graunted by the sayde acte in the .xxvi. yere of the reigne of your highnes most noble father, in augmentation & maintenaunce of the crowne of this Realme, but also the tenthes or yerely rentes reserued nomine decime, by any letters patentes, of your sayde noble father, sithence the said .xxvi. yere of his raigne, and of your sayd dearest brother [Page] and sister, or of any of them, made to any Bishop, and his successours, or to any Cathedral Church, Deane and Chapter, Colledge, or any other Ecclesiastical and Spiritual person or persons, or corporations, and their Successours for euer. And also all and euery the rentes, reuenues, issues, and profites, of all and singular Rectories, personages, and benefices impropriate, glebe landes, tithes, oblations, pentions, portions, and other profites, and emolumentes ecclesiasticall and spirituall to the same belonging, beyng in the handes and possession of your sayde dearest sister, at the sayde .xxiiii. day of Ianuarie, were ordered, aunswerable, and accompted for in the saide court of the Exchequer, and were therein well and iustly aunswered and payde vnto her hyghnesse vse and behoofe, lyke as the same had ben vnto the sayd two noble kinges, her sayd father & brother, by the space of .xx. yeres, without greefe or contradiction of the Prelates and Cleargie of the Realme, to the great aide, releefe, and supportation of the inestimable charges of the Crowne of this Realme, which dayly since the tyme of the making of the sayde first acte, haue encreased and growen more and more. Which thing although the sayde late Queene mought and dyd manyfestly feele & perceaue to be most true: yet she vpon certayne zealouse and inconuenient respectes, not sufficiently, nor politikely inough waying that matter, nor hauyng due consyderation and regard to the maintenaunce, and vpholdyng and good continuance of the state of the Imperiall Crowne of this Realme in succession, whiche rather needed an augmentation, then any diminution, procured and wylled an acte of Parliament, to be made and prouided in the seconde and thirde yeres of the raigne of kyng Philip her late husbande and her, that all paymentes of the sayde first fruites, shoulde from thencefoorth cease and be clearely extinct and determined for euer. And that aswell all the sayde benefices and spirituall promotions, as the possessours, owners, and incumbentes thereof, and their successours, shoulde from and after the .viii. day of August, in the sayd second and third yeres, and so from thencefoorth at all tymes for euer, be clearely exonerate, acquited, & discharged, agaynst the sayd late king Philip & Queene Marie, her heyres, and successours, of and from the payment and paymentes of all and euery the sayde first fruites, in as ample and large maner and forme, as they were before the makyng of the sayde acte, of the first and originall graunt thereof, in the sayde .xxvi. yere of the raigne of the sayd late kyng your noble father, and as though the same had neuer ben had ne made. And further, that neyther the sayde perpetual pention, annall rent, or tenth, graunted by the sayde firste acte of the .xxvi. yere of the sayde noble kyng Henry: nor also the sayde seuerall annall rentes, or tenthes, reserued nomine decime, by and vpon the sayde [Page] seuerall letters patentes, of the sayd late Kyng and Queene, made to spirituall persons and corporations as is aforesayde, or any of them, from and after the feast of S. Michael Tharchangell then last past, shoulde any more be payde or payable vnto the sayde late kyng Philip and Queene Marie, her heyres, or successours, but that aswell all the sayd Archbyshoprickes, Bishoprickes, and other benefices, dignities, Deanes, and Chapters, Colledges, Corporations, and Spirituall promotions aforesaide, as also the possessours, owners, proprietaries, and incumbentes of the same, and their successours, from and after the sayde feast of S. Michael Tharchangel, shoulde be clearely exonerate, acquited and discharged of, and from the payment therof, agaynst them, and the heires, & successours of the same late Queene for euer. And furthermore, that the sayd late kyng Philip & Queene Marie, her heires, or successours, from and after the sayde feast of S. Michael Tharchangell, shoulde not receaue, perceaue, take, and enioy any the issues, reuenues, profites, or commodities of the sayde rectories, personages, benefices, glebe landes, tythes, oblations, pentions, portions, and other profites and emolumentes ecclesiasticall and spirituall aforesayde, or of any of them, or of the reuertion or reuertions of them, or any of them: but in and by the sayde acte, the same late kyng and Queene, clearely gaue ouer, renounced, and relynquished aswell the sayde rectories, personages, benefices, glebe landes, tythes, oblations, pentions, portions, and other profites and emolumentes ecclesiasticall and spirituall aforesayde, and euery of them, and the reuertion and reuertions of them, and euery of them, and all their ryght, tytle, vse, interest, and demaunde of, in, or to the same, from them, and the heyres, and successours of the sayde late Queene for euer, as also the sayde perpetuall pention, annall rent, and tenth, and also the sayde yerely rentes, reserued nomine decime, vpon the sayde seuerall letters patentes, and all theyr ryght, tytle, and interest, which they or eyther of them, or the heires or successours of the sayde late Queene, had or mought haue had, in or to the same. The same yerely pention, tenthes, yerely rentes, parsonages, emolumentes, and profites, to be perceaued, taken, receaued, counted, employed, vsed, and disposed by the late reuerend father in God Reginald Poole, late Cardinal and Legate, and suche other persons as he should name and appoynt, and such other as ben specially limited in the sayd acte, to and for certayne vses, purposes, and intentes mentioned in the same acte, with diuers prouisions, and a sauyng in the same expressed and conteyned, as by the same more at large appeareth. We your sayde humble and obedient subiectes, the Lordes spirituall and temporall, and commons in this your present Parliament assembled, callyng to our remembraunce the huge, innumerable, [Page] and inestimable charges of the royal estate, and imperiall Crowne of this Realme, and how the same is lefte vnto your Maiestie, at this your firste entrye thereunto, greatly diminished, aswell by reason of the sayde acte made in the sayde seconde and thirde yere of the raigne of the sayde kyng Philip and Queene Marie, as otherwyse, do conceaue at the bottome of our heartes greate sorowe and heauynesse, as subiectes carefull for their naturall and liege Soueraigne Ladye, vppon whom dependeth the suretie, worldly ioy, and wealth of vs all: and beyng no lesse affected towardes your Maiesties moste royall person, and the preseruation and mayntenaunce of the same, and of the estate and succession of your Maiesties sayde Crowne, then were the firste grauntours of the sayde firste fruites and tenthes towardes your hyghnes most noble father, and his sayde royall estate, at the tyme of their sayde graunt to hym thereof made, do accompt of very ryght and good congruence no lesse then our moste bounden duetie, to moue your hyghnesse, and therewith most humblye to beseeche the same: that the greate disherison and decay committed and done to the crowne and estate royall of this your Realme, and the succession thereof by reason of the sayde acte made in the sayde seconde and thirde yeres of the raigne of the sayde kyng Philip and Queene Marie, may at this Parliament be refourmed and auoyded, and that with your hyghnesse fauour and royall assente it may be enacted, ordeyned, established, and prouided by aucthoritie of this Parliament, in maner and fourme hereafter ensuyng: That is to say, that the sayd acte made in the seconde and thirde yeres of the raigne of the sayde late kyng Philip and Queene Marie, and all articles, clauses, and sentences therein conteyned, shalbe form and after the first day of this present Parliament, vtterly and clearely repealed, made voyde, and of no force ne effect: and all aucthorities and liberties graunted, limited, and appoynted in & by the sayd acte to the saide late Cardinall Poole, or made or deriued, by force, strength, or colour of the same acte, by or from the sayde late Cardinall, to any other person or persons, bodyes politike or corporate, to ceasse and be vtterly voyde and determyned: and that the said first fruites, and all paymentes thereof, from and after the sayde first day of this Parliament, shalbe reuiued, and haue their being and continuaunce againe, and be deemed and adiudged to al intentes, constructions, and purposes, in the Queenes hyghnes most royal person, her heires, and successours, and vnited and annexed to the imperiall crowne of this Realme, of and in suche lyke, and the same estate, interest, tytle, quantitie, sorte, degree, and condition, and in as ample and beneficiall maner and fourme, as the same was or were in the person or possession of the sayde late Queene Marie, at and before the sayde eight day of August, in the sayd acte of extinguishment mentioned and [Page] expressed: the same acte of extinguishment, or any letters patentes, or anye other matter or thyng had, done, or suffered by the sayde late Queene, to the contrary thereof in any wyse, notwithstandyng. And also that aswell so much of the sayde perpetuall and annall tenth, and pention, graunted by the sayde acte made in the sayde .xxvi. yere of the raigne of the sayde late kyng Henrye the eight, as also so muche of the sayde yerely rentes reserued vppon the sayde seuerall letters patentes nomine decime, and also so many of the sayde rectories, personages, and benefices, impropriate, glebe landes, tithes, oblations, pentions, portions, and other profites and emolumentes ecclesiasticall and spirituall aforesayde, and the reuertion and reuertions thereof: and all rentes, emolumentes, and profites incident to the same, as were in the handes and possession of the sayde late Queene Marie, at and before the sayde .viii. day of August, shall from the sayde feaste of. S. Michaell Tharchangell last past, be bested, adiudged, and deemed, actually and really in the seasme and possession of our said soueraigne lady Queene Elizabeth, her heires, and successours, to all intentes, constructions, & purposes, of and in such lyke and the same estate, interest, order, degree, qualitie, sorte, and condition, and as fully, holy, largely, and beneficially, as the same were in the seasme and possession of the said late queene Marie, at and before the same eight day of August. And that aswell the sayde first fruites and tenthes, and the order thereof, as also the sayde annall rentes reserued nomine decime, and the sayde rectories, personages, benefices, glebe landes, tythes, oblations, pentions, portions, and other profites and emolumentes ecclesiasticall and spirituall aforesayde, and euery of them, and the reuertion and reuertions of them, and of all rentes and profites vnto the same, or any of them incident or belongyng, shalbe within the sayde order, suruey, rule, and gouernaunce of the sayde courte of Thexchequer, in euerye degree, sorte, and condition, as they were (at and) before the sayde eight day of August: the sayde acte made in the sayde seconde and thirde yeres, or anye other matter or thyng to the contrary thereof, notwithstandyng. And that so much of all and euerye the sayde actes and statutes first recited, or of anye other acte or statute, touchyng or concerning the order, leuying, true aunsweryng and payment or qualification of the sayde firste fruites and tenthes, and of the sayde rectories, personages, and benefices improprietate, and of the rentes, reuenues, emolumentes and profites thereof, and of all other the premisses, and also the charge, discharge, or alteration of them, or any of them, or any matter or thing in any wyse soundyng or tendyng thereunto, which were standyng, and beyng in force, effect, and vnrepealed at and before the sayde eight day of August (except onlye the sayd actes of the erections of the courtes of [Page] augmentations and fyrste fruites and tenthes) shalbe, remayne, and contynue in their full and perfect strengthes and forces, and be obserued and put in due execution, accordyng to the tenours and purportes of the same, and euerye of them. And that the Queenes Maiestie, her heyres, and successours, by aucthoritie of this present Parliament shall from the sayde firste day of this present Parliament, haue, holde, posseede, and enioye for euer the aduousons, gyftes and patronages of all vicarages belongyng or incident to any of the sayde rectories, and personages impropriate, in the same sorte, qualitie, condition, and degree, to all intentes and purposes, as the same were in the person and possession of the sayde late Queene Marye, at and before the sayde eight day of August: any thyng or acte done by the same late Cardinall, or anye graunte or grauntes by letters patentes made by the sayd late Queene Marye, of the sayd aduousons and patronages, or anye of them, to anye ecclesiasticall or spirituall person or persons, or anye spirituall corporation, to the contrary in anye wyse, notwithstandyng.
Sauing to all and euerye person and persons, bodyes politike and corporate, and their heyres, executours, successours, and assignes, and euerye of them, other then suche persons as be mentioned and named in any letters patentes, made by the sayd Queene Marie, the said viii. day of August▪ or at any tyme sithen, or clayming only by or vnder thaucthoritie, and strength of the same acte or letters patentes or anye of them, all such ryght, tytle, interest, estate, offices, leasses, grauntes, annuities, pentions, fees, corrodyes, rentes, and other yerely profites and commodities, as they or anye of them ought or shoulde haue had perceaued, or enioyed, of, in, or by reason of anye the personages, rectories, or of anye other the premisses, in case the sayde former acte nowe repealed, and this present acte of repeale had neuer ben had ne made: anye thyng in the same actes, or eyther of them conteyned, or soundyng to the contrary therof in any wyse, notwithstandyng.
And be it further enacted by thaucthoritie aforesayde, that from and after the sayd feaste of saint Michaell Tharchangell laste past, and so from thencefoorth from tyme to tyme, the sayde pentions, annuities, rentes, corrodies, fees, and other yerelye paymentes, shalbe payde and payable onlye by our sayde soueraigne Ladye, her heyres, and successours, at the receipte of the Exchequer, or in suche other places as the Queenes Maiestie her heyres, and successours shal appoint, to all and euerye person and persons, that ought to haue and enioye the same, in such sort, order, and fourme as the same should or ought to haue ben payde and payable in case the sayde acte nowe repealed had [Page] neuer ben had ne made: anye thyng therein, or els in this acte conteyned to the contrary thereof in any wyse, notwithstandyng.
And be it further enacted by aucthoritie aforesayde, that all and singuler incumbentes, proprietaries, tenauntes, farmours, leasses, and occupyers of the premisses, or any part thereof, their heyres, executours, and assignes, whiche the sayde firste day of this present Parliament, were behynd, or in any arrerages of and with the rents, farmes, tenthes, or other reuenues, profites, or dueties, by them or any of them due, and payable, for or by reason of the premisses, or any of them, shal & may be by the aucthoritie of this acte, seuerallye chargeable, accomptable, and aunswerable to the Queenes Maistie, her heyres, and successours, in and at the sayde court of the Exchequer, of and for the same arrerages and dueties, as other accomptauntes be and shalbe in the same courte: any thyng in the sayde acte, nowe repealed in this acte, or any other matter or cause to the contrary thereof in any wyse, notwithstandyng.
And yet neuerthelesse the Queenes most excellent Maiestie, at the humble request of her sayde subiectes, of her aboundaunt grace and bountefulnes, is pleased and contented that it be enacted by the aucthoritie aforesayde, that all and singular vicarages, not exceeding the yerelye value of tenne poundes, after the rate and value vppon the recordes and bookes of the rates and values for the firste fruites and tenthes, nowe remayning in the Exchequer, or that shall hereafter come and remayne in the same courte, and also all and singuler parsonages, not exceedyng the yerely value of tenne markes, after the like rate and valuation, and the incumbentes thereof, and euerye of them, their executours, administratours, successours, and sureties, & euery of them, from the said feast of S. Michael Tharchangel last past, shalbe free and clearely discharged, and acquited for euer, agaynst the Queenes Maiestie, her heyres, and successours, of and from the sayde firste fruites: any thyng in the sayde acte of first fruites and tenthes made in the sayde .xxvi. yere of the raigne of the sayde late kyng Henrye the eight, or in this acte of repeale, or anye other acte or actes before recited to the contrary thereof in any wyse, notwithstandyng.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that if any Incumbent of any suche promotion spirituall, as is aforesayde, charged or chargeable to the payment of the sayde firste fruites, happen to liue to thend of one halfe yere next after the last auoydance of the same promotion spirituall, so as he hath receaued, or without fraud or couin, might lawfully haue receaued or enioyed the rentes or profites of that halfe yere, and before the ende of the other halfe yere, then nexte folowyng, shall happen to dye, or to be lawfullye euicted, remoued, or put from the sayde promotion spirituall, by iudgement [Page] in any action at the common lawe, without fraude or couine: that then euery suche incumbent, his heyres, executours, administratours, and suerties, shalbe charged and chargeable but only with the fourth part of the first fruites due to be payde for suche his promotion, and with no more of the saide first fruites: any thing in this acte conteyned, or any bonde or writing to be made for the payment of the sayde first fruites, or any other matter or cause to the contrary, notwithstanding. And yf it shall shall happen any suche incumbent to lyue by the space of one whole yere next after the last aduoidaunce of the same promotion spirituall, and after before the ende of one halfe yere then next folowyng shall fortune to dye, or to be lawfully euicted, remoued, or put from the sayd promotion spiritual, by iudgement in any action at the common lawe, without fraude or couine: that then euery suche incumbent, his heyres, executours, administratours and sureties, shalbe charged and chargeable but only with the moytie and one halfe of the first fruites due to be payde; for suche his promotion spirituall and with no more of the same first fruites: any thyng in this acte conteyned, or any bonde or wrytyng obligatorie to be made for the paiment of the same fyrst fruites, or any other matter or cause to the contrary, notwithstanding. And yf it shal happen any suche incumbent to lyue to the ende of one whole yere and a halfe, next after the last auoydaunce of suche promotion spirituall, and after and before the ende of sixe monethes then next folowyng shall fortune to dye, or to be lawfully euicted, remoued, or put from the sayde promotion spirituall, by iudgement in any action at the common lawe, without fraude or couine: that then euery suche incumbent, his heyres, executours, administratours, and sureties, shalbe charged and chargeable but onely with three partes of the first fruites of the same promotion spirituall, in foure partes to be diuided, and with no more: any thyng in this acte conteyned, or any bond or writing obligatorie had or made for the payment of the saide fyrst fruites, or any other matter or cause to the contrarye, notwithstandyng. And yf it shall happen any suche incumbent to lyue to the ende of two whole yeres, next after the last auoydaunce of the same his promotion spirituall, and not to be lawfully euicted; remoued, or put from the same promotion spirituall as is aforesayd, that then euery suche incumbent, his heyres, executours, administratours, and sureties, shall content and pay to our sayde Soueraigne Ladye the Queene, her heyres, and successours, the whole fyrst fruites due to be payde for the same promotion spirituall, accordyng to the estatutes aforesayde.
Prouyded also, and be it enacted, that all grauntes, immunities, and liberties, geuen to the Vniuersities of Cambridge, and [Page] Oxforde, or to any Colledge or Hall in either of the said vniuersities, and to the Colledges of Eton and Winchester, and vnto euery or any of them, by our late Soueraigne Lord king Henry the eyght, or any other of the Queenes hyghnesse progenitors or predecessors, or by act of Parliament, for or touchyng the release or dischardge of the sayde first fruites and tenthes, or any part thereof, shalbe alwayes and remayne in their full strength and vertue: and that all suche lawfull conueyaunces and assuraunces in the lawe, as were had or made before the makyng of this acte, to eyther of the sayde vniuersities of Oxforde and Cambridge, or to any Colledge or Hall within any of them, by what name or names soeuer they or any of them be incorporated or named, of any of the sayd personages, or benefices impropriate, or of any part of the same, or of any patronages, for the maintenaunce of studentes, or learnyng, shalbe as good and effectuall in the lawe, to all intentes, constructions, and purposes, as though this acte had neuer ben made.
And be it further enacted by the aucthoritie aforsayde, that the Deane and Canons of the free Chappell of S. George the Martyr, within the Castle of Windsor, and all the possessions and hereditamentes of the same free Chappell, Deanrie, and Canons, by whatsoeuer name or names they be incorporated or knowen, shall be exonerated, and shall stande for euer discharged of the tenthes and firste fruites before mentioned: any thing in this acte, or any other acte or statute before mentioned to the contrarie thereof in any wyse, notwithstandyng.
Prouided also and be it enacted, that all leasses made before the twentie day of December last past, for .xxi. yeres, or three lyues at the moste, by any person or persons, bodyes polytike or corporate, beyng lawfully seased of, or in any of the sayde personages impropriate, or of, or in any other the premisses wont commonly to be let, or set to ferme, then being out of leasse, or wherof there was not at the time of the making of the sayde leasse or leasses, any former leasse to endure aboue one yere then to come at the moste: and vppon whiche newe leasse or leasses, the olde yerely rent, accustomably wont to be payde for the same, by the space of .xx. yeres last before the makyng of suche leasse or leasses, or more yerely rent is reserued and payable duryng the sayde terme, and all other lawfull grauntes, by them or any of them heretofore made of any office or offices, in olde tyme wont commonly to be graunted: and all giftes and grauntes of any personage or personages impropriate, heretofore belongyng to the Archdeaconrie of Welles, in the Countie of Somerset, or to the incumbent of the same office or dignitie, or to the incumbent of the same lately geuen and restored, shalbe as good and effectuall in the law, as [Page] though this acte or any thing therein conteyned had not ben had or made.
And be it further enacted by the aucthoritie aforesayde, that the sayde Archdeaconrie, and all Rectories and spirituall promotions, geuen, assigned, lymited, or appoynted to the same, and all and euery incumbentes and incumbent, whiche hereafter shall be presented, collated, preferred, and admitted vnto the sayde Archdeaconrie, and the Rectories and spirituall promotions thereunto lymited and appoynted, or apparteynyng and belongyng, shal stande, remayne, and be charged and chargeable with the payment of the fyrst fruites and tenthes for the same to the Queenes hyghnesse, her heyres, and successours, in suche lyke maner and fourme as other spirituall promotions, and the incumbentes of the same, be and shalbe charged and chargeable by this acte, or by any other acte or statute before specified.
Prouided alwaies and be it further enacted by thaucthoritie aforesayde, that so many of the sayde Rectories, personages, and benefices impropriate, glebe landes, tythes, oblations, pentions, portions, and other profites, and emoluments ecclesiasticall and spiritual, and euery of them, and the reuertion and reuertions of them, and all rentes and profites vnto the same or any of them incident or belongyng, as were at and before the sayde eyght day of August in the handes or possessions of the sayde late Queene Marie, and within the surueye, rule, & order of the court of the Duchie of Lancaster, shall be agayne within the order, surueye, rule, and gouernement of the sayde court, in suche and the same maner and fourme, to all intentes and purposes, as they were at and before the sayde eyght day of August, in the sayde seconde and thirde yeres of the raigne of the sayde late king and Queene: any thyng in this acte, or in the sayde acte of the same late king and Queene to the contrarie therof in any wise, notwithstandyng.
Prouided alwayes, and be it further enacted by the thaucthoritie of this Parliament, that no person or persons presented, instituted, or inducted, at any time sithens the first day of this present Parliament, or that shall be presented, instituted, or inducted on this side the feast of the Natiuitie of S. Iohn Baptist next comming, to any the sayde spiritual or ecclesiastical promotions, chargeable to or with the payment of the first fruites or one yeres profites of such promotion, shall incurre anye penaltie or forfayture, by entryng into anye of the sayde spirituall or Ecclesiasticall promotions, or by takyng the profites thereof, for the non payment or not compoundyng of or for the first fruites thereof, so that he or any other for hym, shall or do compounde for the same fyrste fruites, accordyng to the true [Page] meanyng of the statute, before the sayde feast of the Natiuitie of S. Iohn Babtist: any thing in this acte conteyned to the contrary, notwithstandyng.
Prouided also, that this acte, or any thing therein conteyned, shal not in any wyse extend to charge any hospital founded and vsed, and the possessions therof employed to and for the releefe of poore people, or any Scoole or Scooles, or the possessions or reuenues of them, or any of them, with the paimēt of any tenthes or first fruits: any thing in this acte before mentioned to the contrarie in any wyse, notwithstandyng.
An acte wherby certayne offences be made Treason. Chapter .vj.
WHERE in the Parliament holden at Westminster the .xii. day of Nouember, in the second yere of the raigne of the late Queene Marie, sister vnto our most gratious Soueraigne Ladye the Queenes Maiestie that nowe is, there was one act or statute made for the better suretie and preseruation of the sayd late Queene, entituled, An act whereby certayne offences be made treasons, as by the same acte more at large doth appeare. And for as muche as the very wordes and sentences of the said estatute, do extende no further but vnto the sayde late Queene Marie, and the heires of her body, therfore yf any such lyke offences as be mentioned and conteyned within the sayde statute, should hereafter happen to be committed agaynst our sayde Soueraigne Lady that nowe is, there were no due remedie, or condigne punishment prouided for the same.
In consyderation wherof, and to thintent that the malice of wicked and euyll doers may the better be restrayned by thextendyng of the effecte and benefit of the matters conteyned in the sayde estatute, to our most deare Soueraigne Lady that nowe is, and for the more suretie and preseruation of her highnesse royal estate, be it enacted by the Queenes most excellent Maiestie, with the assent of the Lordes spirituall and temporall, and the commons in this present Parliament assembled, & by the aucthoritie of the same, that if any person or persons after the first day of May next to come, do malitiously, aduisedly, and directly, compasse or imagine to depriue the Queenes Maiestie that nowe is, or the heyres of her body to be begotten, beyng Kinges or Queenes of this Realme, from the style, honour, & kingly name of the imperiall Crowne of this Realme, or from any other the [Page] Realmes and dominions vnto our saide Soueraigne Lady apparteyning and belongyng, or to destroye the Queenes Maiestie that nowe is, or any the heyres of her body, being Kinges or Queenes of this Realme, or to leuie warre within this Realme, or within anye the marches or dominiōs to y e same belonging, against the Queenes Maiestie that now is, or any the heyres of her body, being Kinges or Queenes of this Realme, or to depose the Queenes Maiestie that nowe is, or any the heyres of her body, being Kinges or Queenes of this Realme, from the imperiall crowne of the Realmes and Dominions aforesaid, and the same compasses, or imaginations, or anye of them, malitiously, aduisedly, & directly shall or do vtter by open preachyng, expresse wordes or sayinges: or yf any person or persons, after the saide fyrst day of May next comming, shall malitiously, aduisedly, and dyrectly say, publishe, declare, mainteine, or hold opinion, that the Queenes Maiestie that nowe is, during her lyfe, is not, or ought not to be Queene of this Realme, or after her death, that the heyres of her highnes body, being kinges or queenes of this realme, of ryght ought not to be kinges or Queenes of this Realme, or that anye other person or persons, other then the Queenes highnes that nowe is, during her life, ought to be king or queene of this realme, or any other y e Realmes or dominiōs aforesaid, or after her death, other then the heyres of her body, being kinges or queenes of this Realme, as long as any of her said heyres of her body begotten shalbe in lyfe, of ryght ought to haue & enioy the imperiall crowne of this Realme, or any the realmes & dominions aforesaide: that then euery suche offendour, beyng thereof duely conuicted or attaynted by the lawes of this Realme, theyr abbettours, procurers, and counsaylours, and all and euery their comforters, knowyng the said offences, or anye of them, to be done, and being therof duely conuicted or attaynted, as is abouesayde, for his or theyr such offence, shall forfaite and lose to the Queenes highnesse, her heyres and successours, al his & theyr goodes and cattels, and the whole issues and profites of his and their lands, tenementes, and hereditamentes, for tearme of the lyfe of euery such offendour or offendours, and also shall haue and suffer duryng his and theyr lyues perpetuall imprisonment.
Prouided alwayes, and be it further enacted by the aucthoritie aforesayde, that all and euery ecclesiasticall person, beyng conuicted or attaynted in fourme aforesayd, for euery such his offence, shal immediatly and presently vpon such attaynder had, be iudged & remayne in the lawe to all intentes, depriued from all his benefices and promotions spirituall or ecclesiasticall, in such maner and fourme, that it shalbe lawfull for euery patrone, founder, or geuer thereof, to present immediatly after suche attaynder had, some one other to the [Page] same, as though the sayde offendour or offendours were deceassed.
And if any person or persons, beyng hereafter conuicted or attainted of any the said offences, in fourme aforesayd committed, shal after his or theyr conuiction or attayndour eftsones commit or perpetrate any of the sayd offences in fourme aforesayd, that then euery suche seconde offence or offences, shalbe deemed and adiudged high treason, and the offendour or offendours therin, their abbettours, procurers, and counsaylours, and all and euery theyr aydours, and comforters, knowyng the sayd offences, or any of them to be done, beyng thereof conuicted or attaynted, accordyng to the lawes and statutes of this Realme, shalbe iudged and deemed hygh traytours, and shall suffer paynes of death, and lose and forfeite al theyr goodes, cattels, landes, and tenementes, to the Queenes Maiestie, her heyres, & successours, as in cases of high treason by the lawes of this Realme, at this day of ryght ought to be lost and forfeyted.
And be it further enacted by the aucthoritie aforesaid, that yf any person or person, at any time after the saide first day of May next to come, by any writing, printing, ouert deede, or acte malitiously, aduisedly, and directly, do affyrme that the Queenes Maiestie that nowe is, ought not to haue & enioye, the style, honour, and kingly name of this Realme, or that any person or persons, other then the Queenes Maiestie that now is, ought to haue or enioy y e stile, honour & kingly name of this Realme, or that y e Queenes Maiestie that nowe is during her life, is not, or ought not to be Queene of this Realme, or after her death, that the heyres of her highnesse bodye being Kinges or Queenes of this Realme, of right ought not to haue & enioy the imperial crowne of this realme, or that any person or persōs other then the Queenes maiestie that now is, during her life, or after her death other then the heyres of her body begotten, being kinges or queenes of this Realme, as long as any of her saide heyres of her body shalbe in lyfe, of right ought to haue and enioy the imperial crowne of this Realme, that then euery suche offence and offences shalbe adiudged high treason, and the offendour and offendours therein, their abbettours, procurers, and counsaylours, and all and euery theyr aydours and comforters, knowyng the said offēces or any of them to be done, being thereof lawfully conuicted or attaynted by the lawes of this Realme, shalbe deemed and adiudged high traytours, and shal suffer paynes of death, and lose and forfaite all theyr goodes and cattels, landes and tenementes to the Queenes Maiestie, her heyres, and successours, as in cases of high treason by the lawes of this Realme, at this day of ryght ought to be lost and forfayted.
Sauing to euery person and persons bodyes politike and corporate theyr heyres and successours (other then the offendours and theyr heyres, and such person and persons as clayme to any of theyr vses) [Page] all such rightes, titles, interestes, possessions, leasses, rentes, reuertions, offices, and other profites, which they or any of them shall haue at the day of the committing such treasons, or at any time afore, in as large & ample maner, as yf this acte had neuer ben had nor made.
Prouided alwayes, and be it declared and enacted by the aucthoritie aforesaid, that concealement, or keping secrete of anye high treasons, be deemed and taken only misprision of treason, and the offendours therein to forfeyte & suffer, as in cases of misprision of treason hath heretofore ben vsed: any thing aboue mentioned to the contrarye, notwithstandyng.
Prouided also that yf it shall fortune hereafter any of the peeres of this Realme, to be indited of anye the offences made treason, or misprision of treason by this acte, that then the same peeres or peere so beyng indited, shall be put to aunswere to euery such indytement before the hygh Stewarde of Englande for the time beyng, and to haue his and their triall of all his and their peeres, and to receaue and haue such lyke iudgement vpon the same triall of his or theyr peeres, or make open confession of the same offence or offences, as is vsed in other cases of high treason.
And be it further enacted by the aucthoritie aforesayd, that no person or persons, shall in any wyse be impeached for any of the offences abouesayd committed, only by open preaching or wordes, vnles the offendour or offendours be thereof indited within sixe monethes next after the same open preaching or wordes: any thing mentioned in this acte to the contrary, notwithstandyng.
Prouided alwayes, that the counsaylours, procurers, comforters, and abbettours mentioned in this acte, for his or their first offence, shal suffer lyke punishment, penaltie, and forfeyture, as is conteyned in this acte against the principall offendours for their first offence, and none other: and that the counsaylours, procurers, comforters, & abbettours, for his or their second offence, shall sustayne like punishment, penaltie, & forfeyture, as is conteyned in this acte, agaynst the principal offendor or offendors, for theyr second offence, & none other.
Prouided alwayes, & be it enacted by thaucthoritie aforesaide, that no person or persons, shalbe hereafter indited or arraigned for any offence or offences made treason, or misprision of treason, by this acte, vnlesse the same offence & offences of treason & misprision of treason aforesaid, be proued by the testimonie, deposition, & oth of two lawful and sufficient witnesses, at the time of his & their inditement, which said witnesses also at the time of y e arraignement of the partie so indited (if they be then liuing) shalbe brought forth in person before the partie so arraigned face to face, and there shall auowe and openly declare al they can say against the said partie so indited, vnlesse the sayd partie so indited, shall wyllingly without violence confesse the same.
An acte for the explanation of the statute of seditious wordes and rumours. ¶ The .v. Chapter.
WHERE in the Parliament holden at Westminster, the .xxi. day of Nouember, in the fyrst & seconde yeres of the raignes of the late kyng Philip and Queene Marie (sister vnto our Soueraigne Ladye the Queenes highnesse that nowe is) & there continued and kept, vntil the .xvi. day of Ianuarie then next ensuing, there was one act or statute then and there made, entituled, An act against seditious wordes & rumours, which acte was then made to endure to the ende of the next Parliament: and after in the next parliament holden at Westminster the .xxi. day of October, in the seconde and third yeres of the raignes of the sayde late king and queene, and there continued vntill the .ix. day of October then next folowyng, the saide statute was then further continued vntill the last day of the next Parliament: and after in one other Parliament holden at Westminster the .xx. day of Ianuarie, in the fourth and fifth yeres of the raignes of the said late king and queene, and there continued vntil the .vii. day of March, then next folowing, the said acte and statute was then and there further continued, reuiued, and enacted, to stande and be in full force and strength, vnto the last day of the nexte Parliament: in whiche acte (amongest other thinges) certayne punishment is prouided for such persons as should malitiously vtter or speake anye false, seditious, and slaunderous newes, rumours, or tales of the saide late kyng and queene, as by the same acte and statute more at large it doth and may appeare.
And for as much as the sayde acte and statute sithen the makyng therof hath ben proued to be a very good and necessarie lawe, for due correction and punishment of such lyght and euill disposed persons, as most seditiously dyd spreade abroade verye false and slaunderous rumours and tales, to the great disturbaunce of the common tranquilitie of this Realme: and for that it is doubtfull whether the said statute, and the wordes and sentences of the same, extende anye further, then onlye to the sayde late king and queene, and whyther the same statute geue any remedie against suche persons as shall malitiously vtter or speake any false, seditious, and slaunderous rumours, newes or tales, against our Soueraigne Lady the queenes highnes that nowe is, or not. For remedie whereof, and for a plaine declaration and explanation of the said former acte: be it therefore declared, ordeyned, & enacted by thaucthoritie of this present parliament, that the said acte and statute made in the sayd fyrst and second yeres of the [Page] raignes of the sayde late kyng and Queene, and continued as is aforesayde, and all and euery braunche, article, wordes, sentences, clauses, prouisions, and thinges therein conteyned, shall from hencefoorth by thaucthoritie of this present parliament, be expounded, iudged, taken and deemed in all thynges to extende to the Queenes hyghnesse that now is, as fully and largely, to all intentes, constructions, and purposes, as though the same acte had by expresse wordes extended to the heires & successours of the said late Queene: any question, ambiguitie, or doubte, growen, rysen, or made, or hereafter happenyng to growe, ryse, or to be moued to the contrary in anye thyng, notwithstandyng. And that al & euery person & persons, which hereafter shal malitously vtter or speake anye false, seditious, or slaunderous newes, rumours, sayinges, or tales, of the Queenes hyghnesse that nowe is, or of the heyres of her bodye, beyng kynges or queenes of this Realme, or shall commit or do anye the offences expressed in the saide acte, agaynst our sayde Soueraigne Ladye the Queene that nowe is, or the heyres of her body, beyng kinges or queenes of this realme, & being therof conuicted or attaynted accordyng to the fourme and order in the sayde former acte expressed, shall from hencefoorth incurre such paynes and penalties, and haue suche and the same tryall, iudgemente, and punishment for the same offences, as in the sayde acte is limited and appoynted, and accordyng to the fourme, tenour, and effecte of the same acte, and none otherwyse.
An acte to reuiue a statute made in the xxiii. yere of the raigne of kyng Henry the viij. touchyng the conueying of Horses, Geldinges, and Mares into Scotlande. The. vij. Chapter.
WHere in the Parliament holden at London the thirde day of Nouember▪ in the .xxi. yere of the raigne of the late Kyng of most worthye memorie Kyng Henrye the eight, and from thence adiourned and proroged to Westminster, and there continued by diuers prorogations, vntyll the .xv. day of Ianuarye in the .xxiii. yere of the raigne of the sayde late kyng, amongst other thynges there was one acte or statute made, whereby the sellyng, exchaungyng, or deliuerie of any horses, geldynges, or mares into Scotlande, by anye Englishe man, shoulde be felonie, which acte or statute is intituled, An acte that no English man should sell, exchaunge, or deliuer, to be conueyed into Scotlande, anye horse, geldyng, or mare, without the kinges lycence, as by the same acte and statute more at large it doth and maye appeare. And although the same estatute was a very good and necessarye lawe for the mayntenaunce of the strength of this Realme, and for [Page] the due preseruation of the state of the same, yet the said statute by certaine actes repeale made, aswel in the time of the late kyng Edward the sixt, as also in the time of the late queene Marie, was by certayne generall wordes repealed and made voyde, by reason whereof, diuers wycked and euill disposed persons, haue of late tyme for their owne priuate gayne, conueyed diuers horses, geldinges, and mares out of this realme into Scotland, to the great strength and boldening of the Scottishe, and much to the detriment & hinderaunce of this realme.
Wherefore be it enacted by the Queenes moste excellent Maiestie, with the assent of the lordes spiritual and temporal, and the commons of this present parliament assembled, and by thaucthoritie of the same, that the sayde act & statute made in the sayd .xxiii. yere of the raigne of the sayd late kyng Henry the eyght, and al and euery braunch, sentences, articles, wordes, matters, and clauses therin conteyned, shall from the first day of May next comming, stande, remayne, and contynue in full force and strength, to all intentes and purposes, as fullye and as holye as euer the same was at any tyme heretofore: any acte or statute of repeale, or anye other matter or cause whatsoeuer to the contrarye notwithstandyng.
An acte touching Shooemakers and Curriours. The .viij. Chapter.
WHere at a parliament holden at Westminster vpon prorogation the .xv. day of Aprill, in the sixte yere of the raigne of our late soueraigne lorde king Edwarde the sixt, brother to the Quenes maiestie, it was enacted amongest other thynges, agaynst regratours of tanned Leather, that no person or persons, of what estate, degree, or condition so euer he or they be, shal buye, ingrosse, or cause to be bought or ingrossed, any kynd of tanned Leather, to the intent to sell the same agayne, sauyng, only Sadlers, Gyrdlers, Corde wayners, and al other artificers, which shall make thereof any kynde of wares to be sold, as by the same act more playnely at large may appeare: which act was in the Parliament holden at the Westminster the second day of April, in the first yere of the raigne of our late soueraigne ladye Queene Marie, repealed, made voyd, and of none effect: and one other acte was then made, entytuled, touchyng the buying and currying of Leather, the repealyng of whiche acte, as experience hath sithen taught vs, hath brought shooes, bootes, males, saddles, and all other kynde of wares made of tanned Leather, to great & vnreasonable prices to the vndoing of a great number of the Queenes Maiesties poore subiects.
For reformation wherof, be it ordeyned, enacted; & established, by the Queenes Maiestie, the lordes spirituall and temporall, and the commons [Page] of this present Parliament assembled, and by the aucthoritie of the same, that the foresayde statute made in the .vi. yere of the raigne of the sayde late kyng Edwarde the sixte, and entytuled, agaynst all regratours of tanned Leather, and euerye article, braunche, sentence, and clause therein conteyned, shalbe reuyued and stand in effect from the fyrst day of Aprill next commyng, in as full force, strength, and effect, as though the foresayde acte made in the seconde day of Aprill, in the firste yere of Queene Maries raigne, touchyng the buying and currying of Leather, whereby the sayde former acte is repealed, had neuer ben had or made.
And be it also enacted by thaucthoritie aforesayde, that the sayde statute and acte made in the fyrst yere of Queene Maries raigne, sister to the Queenes Maiestie, entytuled, An acte touchyng the buying and currying of Leather, and euery braunche, sentence, and article therein conteyned, shall from the sayde firste day of Aprill not stande, but be vtterly repealed, and be of no force nor strength: any clause, sentence, or article therein conteyned to the contrary in anye wyse, nothwithstandyng.
Prouided alwayes and be it enacted, by the aucthoritie aforesayde, that when and as often as any Shoomaker or his deputie doth bring anye Leather sufficientlye tanned, to anye curryour to be curryed (deliueryng sufficient liquor for well dressing of the same) the same shalbe by euerye suche Curryour well and sufficientlye curryed and made redye for the Shoomaker, within the space of fyue dayes in sommer, that is to say: from the firste day of Marche to the last day of September. And also in lyke maner within the space of tenne dayes in winter, that is to say from the fyrst day of October, vnto the last day of February, vppon payne to forfeyte to the partie greeued, for euerye hyde not curryed and dressed in maner & fourme aforesaid, the summe of .x. s.
Prouided further, that this prouiso shal not extend to bind any Curriour to dresse any leather, which by doyng his best is not able to dresse within euery of the times aforesaid, but shal extend to al such Leather as he conueniently may dresse, after the common rate of the dressyng.
And be it also enacted by the aucthoritie of this presente Parliament that no person or persons, vsyng or occupying the feate and mystery of Shoomakers, shal from henceforth worke or make any bootes or shooes of Neates Leather, that shalbe myngled, made or wrought with any other Leather, but only Neates Leather of it selfe, vnlesse it be in the hemmes or lining of bootes, shooes, or slippers, and that they shall put in all and euerye bootes, shooes, or slippers, made of Neates Leather, innersoles made of wombes, which shalbe well & truely tanned and curryed, and also all suche other bootes, shooes, and slippers, as shalbe made of drye Neates Leather, or Calues Leather, not to be [Page] myngled with any other kynde of leather (sauyng in the soles) but only of it selfe, vnlesse it be in hemmes or lyninges of the same: that is to say, Neates leather of it selfe, & Calues leather of it selfe, vpon paine of forfeyture of all such bootes, shooes, & slippers made so to the contrary.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that the one moytie of all suche forfeytures afore named, shalbe to our Soueraigne Ladye the Queenes Maiestie, and her highnesse heyres: and the other moytie to hym or them that sease or first sue for the same penalties in any the Queenes Maiesties courtes of record, by action of debte, byll, complaynte, information, or otherwyse, wherein no wager of lawe, essoygne, protection, or iniunction, shalbe admitted or alowed for the defendaunt in that behalfe.
An acte touching Tanners and the selling of tanned Leather. The .ix. Chapter.
FOR sundrye good causes and consyderations, be it enacted by the aucthorite of this present Parliament, that no person or persons, hauyng landes, tenementes, or rentes of estate of inheritaunce, or for tearme of lyfe, to the cleare yerelye value of .x.li. or aboue, except suche person and persons as haue anye tanhouse, and doth occupye the mysterie of tannyng at this present, and except an apprentice and other brought by and taught, or to be brought vp and taught as a couenaunt seruaunt, or hyred for that purpose by the space of foure yeres in the mysterie or crafte or tannyng of Leather, shall vse or haue profite, gayne, or commoditie, of or by the sayde mysterie or craft of tannyng of Leather, after the feaste of S. Michaell tharchangell next commyng, vppon payne of forfeyting of all suche Leather so to be tanned, or the iust value thereof.
Also be it further enacted, that from and after the feaste Saint Michaell tharchangell, whiche shalbe in the yere of our Lorde God M.D.lx. no person or persons shall vse or exercise the feate, crafte, or mysterie of tannyng of Leather, or shall by anye meanes receaue anye profite, gayne, or lucre by tannyng of Leather, but only in a Citie, Borough, Towne corporal, or market towne, where sellers shalbe vsually appointed, except he or they haue ben apprentice exercised & brought vp, as is aforesaide, in the saide craft and mysterie, by the space of foure yeres at the least, and also excepted the sonne or heyre & wyfe of euerye such Tanner, to their owne vse and vses, vppon payne of forfeyture of all the Leather so tanned contrary to this acte, or the value thereof.
And be it also further enacted by the aucthoritie aforesayde, that no maner of person or persons whatsoeuer, shall after the firste day of [Page] May next comming, buye bargaine, bespeke, or take promise of bargaine of or for any rawe Hide, or Calues skinne, but of, or for suche and the same, as shal be present in faire or market then to be solde, ne they shall put or cause to be put to sale any kinde of tanned Leather, reade, & vnwrought in any place within this Realme, other then in open market or fayre, in the place therefore commonly accustomed, and therefore prepared, vpon paine of forfeiture for euery hide .iii.s.iiii.d. for euerye dosen of Calues skinnes .iii.s.iii.d. and the Hide or Hides and Leather in any otherwyse solde or bought, or the value thereof.
And be it further enacted by the aucthoritie aforesayd, that no person whatsoeuer, shall or may after the feast of S. Michael tharchangel next comming, buye, bargaine, bespeke, or take promise of bargayne, of or for any tanned Leather vnwrought as is aforesayd, but only suche person or persons as haue ben, be, or shalbe brought vp in cutting of Leather into made wares, and do wyll and shall worke and conuert the same into Leather, cut into made wares wrought, vpon payne of forfeyture of the Leather so bought, bargayned, or bespoke, or the value therof. And where as at a Parliament holden at Westminster vpon prorogation, the second and thirde yeres of the raigne of kyng Edward the sixt, brother to the queenes highnesse, amongst other thinges in an acte, entituled, An acte for true currying of Leather, vppon diuers good consyderations, it was enacted that euery Tanner shal cut of euery wombe of euery Oxe hide, sixe inches broade, and of euery Steere hyde fiue ynches broade, and of euerye Cowe hyde eyght inches broade of assise in the narowe place, as by the sayde acte more at large appeareth: Sythens whiche time the greedie and vnsatiable couetousnesse of many of the Tanners haue ben suche, to defraude the sayde good and godly acte, that they wyll not cut of the wombes of the Hydes, nor bryng them to the market to be solde, so that the Cord wayners can not haue wombes to put into the inner soles of bootes, shoes, stertovopes, and slippers, accordyng to the tenour of the saide statute in that case prouided: be it therefore enacted by the Queenes royal Maiestie the Lordes Spirituall and Temporal, and the Commons in this present parliament assembled, and by thaucthoritie of the same, that al and euery person and persons, that doth occupie, or shal hereafter occupie the tanning or barkyng of any Oxe, Steere, or Cowe hide or hydes, to be conuerted for sole Leather, for or in y e name of sole Leather, now commonly called backes, shal cut or cause to be cut of euery such Oxe, Steere, or Cow hide or hides, that shalbe tanned or wrought for sole Leather, commonly called backes, two peeces, which is now called wombes, of euery such hyde or backe that shalbe wrought, barckte, or tanned for backes, vpon paine of forfeyting of euery such hide or hides, backe [Page] or backes so tanned or wrought, the wombes beyng not cut of .vi.s.viii.d. for euery hyde.
And be it also further enacted by the aucthoritie of this present parliament, that euery Tanner or Tanners, or any other person or persons that occupieth, or hereafter shal occupie the mysterie of tanning of Leather, and that shall cut of, or cause to be cut of those two peeces aboue named, called wombes, shal begin vpon y e two hinder shankes of euery such hyde, and there cut two peeces, and so cut throughout alongest the belly to the foreshanks, and there to cut of both the foreshankes, and those two peeces so called wombes, to be well and truely tanned, after the maner of inner sole leather, and to conteyne of good and drye tanned leather, sixe inches broade of assise in the narrowest place, accordyng to the syse of the standerd in the Exchequer when they be tanned or put to sale, or offered to be solde, promised, or bargayne made, vppon paine of forfeyture of .iii.s.iii.d. for euerye wombe being cut lesse then so many inches broade of assise in the narowest place, as aboue sayde.
And be it further enacted, that euery Tanner or other person that occupieth, or hereafter shall occupie the mysterie of tanning of Leather, which after the feast of the byrth of our Lord Iesus Christ next comming, shall put to sale, or offer to be sold in any fayre or markets, any backe or backes, shal bryng at the selfe same time to the fayre or markets, where he or they shall put such backe or backes to sale, for euery backe, the two forenamed peeces called wombes, there to be solde with the backes, or otherwyse as the fayre or market shall hym best serue, so that they be solde in the open market; vpon payne of forfeyture of euery such backe or backes so brought to be solde, or offered to be solde, or the value thereof, not hauyng the wombes there in the open market or fayre as is abouesayde.
Be it further enacted by thaucthoritie aforesaid, that no person or persons shall after the fyrst day of May next comming, sel, or cause to be solde any maner of Leather (clout leather solde in small peeces onlye excepted) except he or they regester, or cause to be regestred the said Leather, and euery part and parcell therof, vpon payne of forfeyture of the value of the leather so bought and not regestred, and also the buyer to forfayte the saide Leather so bought and not regestred, as is aforesaide.
And be it further enacted that suche person or persons as are, or hereafter shalbe assigned or appoynted searchers, sealer or sealers of tanned Leather, by vertue of any acte or statute heretofore, or hereafter to be made, shall kepe one booke or regester, to enter all suche bargaynes as shalbe made for leather, hydes, or skinnes (clout leather solde in small peeces only excepted) by any person or persons, duryng [Page] and by all the tyme of the fayre or market, and shal enter all such bargaynes, beyng thereunto required by the buier or the seller, takyng for his or their payne and trauaile therein to be taken: and for the registring therof, of the seller of euery dicker of Leather so entred one penie, for euery sixe dosen of Calues skinnes one penie, and so after the rate, and no more or greater summe or summes of money to be payde for entring of the same, vppon payne of forfeyture, for not entering and registring as is aforesaid, for euery dicker of Leather .iii.s iii.d. for euery dosen of Calues skinnes .iii.s.iiii.d. & so after the rate. And where also one other acte, entituled, An Acte for true tannyng of Leather was made at a Parliament of the saide king Edwarde holden vpon prorogation at Westminster, y e fourth day of Nouember, in the seconde yere of his most gratious raigne, whiche acte was made to endure vnto the ende of the next Parliament then folowyng, and after the same acte was reuiued at one other Parliament holden at Westminster the fyrst day of Marche, in the .vii. yere of the raigne of the same kyng Edwarde the sixt, to continue till the last day of the next Parliament then folowyng: and after the same acte was continued in the seconde & last session of our Soueraigne Lady Queene Marie, holden vppon prorogation at Westminster the thirteene day of October, in the fyrst yere of her graces raigne, to continue tyll the last day of the next Parliament then folowyng, whiche beyng expyred and the same acte neuer since continued, his force and efficacie is ended. And for as much as the sayde acte is good and beneficiall for the common wealth of this Realme: be it therefore enacted, ordeyned, and established by the Queene our Soueraigne Lady, with the assent of the lordes spiritual and temporal, and the commons in this present Parliament assembled, and by the aucthoritie of the same, that the sayde acte made in the seconde yere of y e sayd kyng Edwarde the sixt, and all wordes, clauses, articles, and prouisions in the same, (except these wordes, Ashe barke, Tap worte, Meal or Culuer dong) shalbe reuiued, continued, stande, and endure in his full force and strength, to all intentes, constructions, and purposes, and that no Tanner in or about the tannyng of any Leather, shall vse or exercise any other kynde of stuffe, but only Ashe barke, Oke barke, Tap wort, Meal lime, or Culuer dong.
Prouided alwayes, and be it enacted by the aucthoritie aforesayd, that thone moytie of all suche forfeytures aforenamed, shalbe to our Soueraigne Lady the Queenes Maiestie, and her highnes heyres, or successours, and thother moitie to him or them that sease or fyrst we for the same penalties in any of the Queenes Maiesties courtes of recorde, by action of debt, bil, complaint, information, or otherwise wherein no wager of lawe, essoigne, protection, or iniunction, shalbe admitted or alowed for the defendaunt in that behalfe.
An acte that the carying of Leather, Tallowe, or rawe Hides out of the Realme for marchaundize, shalbe felonie. ¶ The .x. Chapter.
WHERE at this present tyme tanned Leather, Hydes, and Tallowe, and all thinges thereof made, is growen and come vnto suche high and excessiue price, as the like within the time of mans memorie hath not ben seene within this Realme, by reason that diuers and sundry couetous and greedy persons nowe of late, hauing more regarde vnto their owne singuler lucres and gaynes, then vnto the mayntenaunce and preseruation of the common and publique weale of this the Realme of Englande, haue contrary to the lawes and statutes of this Realme, conueyed, or caused to be conueyed out of the same, vnto the parties beyonde the seas, there to be vttered by way of marchaundize, suche great store and plentie thereof, that the same Leather, Hydes, and Tallowe, is more plentifull, and to be had better cheape there, then here within this Realme, to the great hurt, hinderaunce, and dammage of all the Queenes most louyng subiectes.
For reformation whereof, be it enacted by the Queene our Soueraigne Lady, the Lordes Spirituall and Temporall, and the Commons in this present Parliament assembled, and by the aucthoritie of the same, that no person or persons, whatsoeuer he or they be, straunger or Denizen, from and after the fyrst day of Iune next comming, shall shippe, conuey, or abbet, procure, or cause to be shipped or conueyed, in, or to any Shippe, Boate, or other vessell, in, or vpon the sea, or in, or vpon other Hauen, Riuer, Creke, or place within this Realme of Englande, or Wales, or other the Queenes dominions, anye maner of Leather tanned or vntanned, or any salt, or vntanned Hides, or any Leather called Backes, or sole Leather, or anye Tallowe, to thintent to transport or cary the same into any y e parties beyonde the sea, there to be vttered, bartered, or solde by waye of marchaundize, vppon payne that euery such offender, shalbe deemed, adiudged, and taken to be a fellone for euery such offence. And that euerye person and persons, beyng after the sayde fyrst day of Iune lawfully attaynted, by the due order of the common law of this realme, before such as shall haue power and aucthoritie to heare and determine felonies by the common lawe, shall for euery suche offence suffer such paynes of death, & forfeytures of goodes and cattels, as he or they shoulde haue done, yf he or they had ben lawfully attainted for anye offence beyng felonye by the common lawe of this Realme: [Page] And also shall forfayte to the Queenes highnes, her heyres, and successours, all his or theyr landes, tenements, & hereditaments, duryng the lyfe of euery suche offendour only. And for the better execution of this lawe, and for the meetyng with the offendours therein: Be it also enacted by the aucthoritie aforesayde, that all and euerye offence or offences, committed or done by any person or persons, contrary to this acte, from and after the sayde first day of Iune next commyng, shalbe enquired of, tryed, determined, and iudged in suche Countie of this Realme, or other the Queenes dominions, as shalbe next adioynyng to the place where anye suche offence shalbe first committed: any iurisdiction, aucthoritie, or vsage to the contrary in any wise, notwithstandyng.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that this act, nor any thyng therein contayned, shall in any wyse extende or be interpretated to make anye corruption of blood of anye such offendour, or of any heyre of any such offendour, but that euery heire and heires, of euery such offendour and offendours, in any of the cases aforesayd, & also the wife of euery suche offendour, shal haue after the death of euery suche offendour or offendours, like title, interest, benefite, profite, commoditie, action, and aduauntage, as they or any of them shoulde haue had, yf any suche offence, conuiction, or attaynder had not ben had ne made: sauyng to al & euery person and persons, bodyes politike and corporate, their heires and successours, and the heires and successours of euerye of them, other then all and euery suche offendour and offendours, whiche shalbe conuicted or attaynted by any suche offence, all suche ryght, tytle, interest, rentes, leasses, commons, profites, commodities, aduauntages, and hereditamentes, whatsoeuer they be, as they or any of them might or ought to haue had, in, or to any manours, landes, tenementes, rentes, pentions, seruices, hereditamentes, or other thyngs whatsoeuer, or in, or to any parte or parcell thereof, to all intentes, constructions, and purposes, as he or they shoulde haue had, yf suche attaynder had neuer ben had ne made: anythyng in this acte contayned to the contrary, notwithstandyng.
Prouided also, that this act, or any thing therin contained, shal not be hurtfull nor preiudiciall to any Captayne of anye Shippe in the time of warre, being in the retinue and seruice of the Queenes Maiestie, or her heires, or successours, nor to anye owner or maister of any Shippe, nor to any other beyng the Queenes subiect, and trauaylyng to any forraigne partes beyonde the sea, for the hauyng carying, and takyng with hym or them in tyme aswell of warre as of peaces of any Hydes, Leather, or Tallowe, for theyr necessarye vses about theyr ship or shippes, so that it be not to be vttered beyonde the [Page] seas, by any fraude or couin, by way of marchaundise: this acte or any thing therin conteined to the cōtrary in any wise, notwithstanding.
And be it further enacted by thauctoritie aforesayd, that this act, or the effect and substaunce thereof, shalbe openly read, published, or declared, at euery quarter Sessions, and at euery Lete or Lawday, by the Iustices that shall geue the charge at the Sessions, and by the Steward of the Lete or Lawday, in his charge when he kepeth the Lete or Lawday. This act to endure from the sayd fyrst day of Iune, and to continue the space of fyue yeres: and from thence vnto the end of the next Parliament, after the sayd fyue yeres.
An Acte limiting the times for laying on lande Marchaundize from beyonde the seas, and touchyng Customes for sweete wines. The .xi. Chapter.
MOste humblye the wyng, besechen your hyghnesse, your Lordes, and commons in this present Parliament assembled, that where the summes of money, payde in the name of Customes, Subsidies, of wares and marchaundizes transported out, and brought into this your highnes Realme of Englande, by any marchaunt straunger, or denizen, is an auncient reuenue annexed & vnited to your imperiall crowne, and hath in the tyme of kyng Edwarde the third, and other your moste noble progenitors, amounted to great and notable summes of money, tyll of late yeres many greedye and couetous persons, respectyng more theyr priuate gayne and commoditie, then theyr duetie and allegiaunce, or the common profite of the Realme, haue and do dayly aswell by conueying the same theyr wares and marchaundizes out of creekes and places where no customers resident, as also by or through the negligence or corruption of the customer, searcher, or other officer, where they be resident, as by diuers other fraudulent, vndue, and subtill practises and deuises, conuey theyr goodes and marchaundizes, aswel brought from the parties beyonde the sea, as transported out of this your Realme of England, without payment, or agreeyng for the payment of the customes and subsidies therefore due: whereby the yerelye reuenue aforesayde, is very muche empayred and diminished, to the great losse and damage of your hyghnes, and to the great burden and charge of your louyng subiectes, who by occasion thereof haue of late yeres ben more charged with subsidies, and payment for the supplement of the sayde losse and damage, then els we shoulde haue ben.
[Page]That it may therefore be enacted by aucthoritie of this present Parliament, that it shall not be lawfull to or for any person or persons whatsoeuer, from and after the fyrste day of September next commyng, to lade, or put, or cause to be laden, or put, of, or from anye Wharfe, Key, or other place on the land, into any ship, vessell, Crayer, Lyghter, or Bottome, any goodes, wares, or marchaundizes whatsoeuer, (fyshe taken by your hyghnesse subiectes, onlye excepted) to be transported into any place of the parties beyonde the sea, or into the Realme of Scotlande, or to take vp, discharge, and lay on lande, or cause, or procure to be taken vp, or discharged out of any Lighter, shyppe, Crayer, vessell, or Bottome, beyng not in a lecke, or wracke, and layde on lande, any goodes, wares, or marchaundizes whatsoeuer (fyshe taken by any of your highnes subiectes, and salt onlye excepted) to be brought from any the parties beyonde the sea, or the Realme of Scotlande, by way of marchaundizes, but only in the day light, that is to say, from the first of March, vntil the last of September, betwixt the sunne rysyng, and the sunne setting, and from the last of September, vntill the first of Marche, betweene the houres of seuen in the mornyng, and foure at the after noone, and in, and vpon some suche open place, Keye, or Wharfe, places, Keyes, or Wharfes, as your hyghnes, your heyres, or successours, shal on this side the said first day of September therefore assigne and appoynt by vertue of your highnes commission or commissions, within your graces porte of London, Southampton, Bristowe, Westchester, Newcastell, and the suburbes of the same, and euery of them, and in some open place, Key, Wharfe, places, Keyes, or Wharfes, in al other Portes, Creekes, Hauens, or Rodes, (Hul only excepted) where a Customer, Comptroller, and searcher, of suche Portes, Hauens, Creekes, or Rodes, & euery of them, or the seruauntes of any of them, haue by the space often yeres last past ben accustomably resident, or hereafter shalbe resident, vpon payne of forfayture of all suche goodes, wares, or marchaundizes so laden and discharged contrary to the true meaning of this acte, or the value thereof.
And be it further enacted by the authoritie aforesayde, that no maner of person or persons, after the sayd day, shal receaue or take into any shyp, Crayer, or other vessel, any goodes, wares, or marchaundizes (except before excepted) to be transported into any place beyonde the sea, or into the Realme of Scotlande, by waye of marchaundize, nor shall discharge and laye on lande, out of any shypye, Crayer, or other vessell, anye goodes, wares, or marchaundize (except before excepted) beyng brought from anye place beyonde the sea, or out of the Realme of Scotlande, by way of marchaundize, in any other place or places, or at any other howres or tymes, [Page] then is before limited and appointed, vpon paine that the owner and owners, maister and maisters, or other person or persons, which shal take charge or guydyng of any such shyppe, Crayer, or vessell, or of the marchauntes goodes, duryng and for that voyage, shall forfaite & lose for euery such offence. C. pounde, of lawfull money of Englande.
And be it further enacted by aucthoritie aforesayde, that no maister Shypper, or Purser, or other person or persons takyng charge of the voyage, or of the marchauntes goodes, shall after the sayde day receaue or take into any Shippe, Crayer, or other vessell, any goodes, wares, or marchaundize (except before excepted) to be caried or transported into any of the partes beyonde the sea, or into the Realme of Scotland, before he shall haue signified to the Customer of the porte where he ladeth, & other officers there, in y e open custome house, if any such be there, or els where, the said officers, their deputies or seruauntes, or any of them, be or shalbe vsually resident, that he entendeth to lade, and to what place he entendeth to passe, nor shall after his or theyr full lading depart out of the Porte, Creekes, or streame where he shall so lade, before he do in like maner signifie vnto the Customer, and other officers as is aforesayde, of his lading, and what marchaunts and other persons shal haue ladyng with him, or in his ship, crayer, vessell, or botome: and further truely do aunswere to suche questions as shalbe ministred to him or them by the customer or other officer, concerning such wares and marchaundizes as he shall haue laden, being examined vpon his or theyr oth, or otherwise in the open custome house, or otherwise, as is aforesayde, vpon paine to forfaite for euery such default, not truely aduertisyng nor aunsweryng, as is aforesayde, a hundred pounde.
And be it further enacted by thaucthoritie aforesayde, that no owner, maister, purser, or other person, takyng charge of any shippe, crayer, vessell, or botome, wherein any goodes, wares, or marchaundizes (except before excepted) shalbe laden and brought, from any the parties beyonde the sea, or the Realme of Scotlande, shall, after the sayd day, discharge into any lighter, or botome, and laye on lande, or procure, cause, or willingly suffer to be discharged into any lyghter or botome, and to be laide on land, out of such ship, crayer, vessell, or botome, any goodes, wares, or marchaundize whatsoeuer, before suche owner, maister, purser, or other person or persons, takyng charge of the shippe, crayer, botome, or vessel, or the marchauntes goodes, for that voyage, shal haue signified and declared to the customer, or other officer of the port, hauen, or creeke, where he arriueth, the names of euery of the marchauntes, or laders, and shall haue truely aunswered to suche questions and interogatories, touching or concernyng suche goodes, wares, or marchaundize, as shalbe then laden in anye suche [Page] shippe, vessell, or botome, as shalbe to him ministred by such customer or other officer, openly in the custome house, or in suche other places as is aforesayd, vpon his or their othe, if neede so require, vpon payne that euery maister, purser, or other person or persons, taking charge of suche shyppe, crayer, or other vessell for that voyage, shall forfayte and lose for euery suche default, not truely aduertisyng nor aunswering as is aforesayd, an hundreth pounde.
And be it further enacted by the aucthoritie aforesayde, that from and after the sayd day, no person, denizen, ne straunger, do take vpon him to enter, or do, or cause to be entred into the bookes of any customer, or other officer or officers of anye porte or hauen within this Realme, or his or their deputie or deputies, seruaunt or seruauntes, any maner goodes, wares, or marchaundize whatsoeuer, comming or brought into your highnes Realme, from any the partes beyonde the sea, or from the Realme of Scotland, or going, or to be transported out of the same your highnes Realme, into any the partes beyonde the sea, or into the Realme of Scotlande, in the name or names of any other person or persons, then the very true owner or owners of the same goodes, wares, or marchaundizes, beyng not solde, bargayned, or contracted for, to or with any person or persons, before suche entre, or before the arriuall of suche goodes, wares, or marchaundize, in the partes beyonde the sea, vpon payne of forfayture of the value of the goodes so entred.
And be it further enacted by the aucthoritie aforesayde, that yf any wharfinger, crane keper, searcher, lighter man, weighter, or other officer, parteynyng to the subsidie, custome, or custome house, do at any time after the said day, consent or knowe any offence or thyng to be committed or done contrary to the true meanyng of this acte, or any article therein conteyned, and do not within one moneth nexte after knowledge thereof had, disclose the same to the cheefe customer or other officer of the porte, where or within whose office or charge any such offence shalbe committed or done, or els to the Lord Treasurer, Chauncellour, vnder Treasurer, or one of the Barons of the Exchequer, or the attourney generall for the time being, shall for euery such concealement, or not disclosing suche offence, as is aforesayd, forfaite & lose a hundreth pound of good and lawful money of England.
And be it further enacted by the aucthoritie aforesaide, that the customer of Hull shall haue a seruaunt or deputie continually resident at the citie of Yorke, and euery other customer, comptroller, and searcher of euery porte, shall from and after the day aforesayde assigned and appoynted to and in euerye of the places aboue mentioned, and in all and euery porte, creeke, or Roade, where the seruaunt, or anye of them haue ben continually resident by the space of tenne yeres, [Page] or hereafter shalbe, as is aforesayde, one able and sufficient deputie, or seruaunt, at the leaste, and that aswell all and euerye of the customers, comptrollers, and searchers, as all and euery his or theyr deputie and deputies, seruaunt and seruauntes, shall from tyme to tyme, do his and theyr diligent attendaunce, at the houres, tymes, and places afore appoynted, aswel in the custome house, as els where, as it shalbe moste expedient and conuenient, for the speedy dispatche of the marchaunt, and his goodes, wares, and marchaundize, and for the due execution of this Acte, in suche thinges as to him or them shall apparteyne, without concealement or consentyng to any thing or thinges whiche may be to the hurte or damage of your hyghnes, your heyres, or successours, in the iust aunsweryng of your hyghnes due customes and subsidies, vpon payne that euery suche customer, comptroller, and searcher, shall forfayte and lose for euery offence by hym or them committed or done, his or their seuerall office or offices, and an hundreth pounde of lawfull money of Englande: the moitie of all whiche forfayture shalbe to your hyghnes, your heyres, and successours, and the other moitie to hym or them that wyl sue for the same, in any your highnes courtes, wherein no essoigne, protection, wager of lawe, or iniunction shalbe admitted and alowed.
And where of late yeres there hath ben muche greater quantitie of sweete wines brought into this Realme, then in tyme paste hath ben accustomed, whiche ben also brought from the same place where the wine commonly called Maluesey is brought, and is of the same nature of grape, and neuerthelesse, eyther by negligence, ignoraunce, or corruption of the officers, there hath not ben suche custome and subsidie receaued for the same, to the vse of your highnes, and your progenitours, as is due, and ought of very ryght to be payde for such sweete wines, commyng through the strayghtes, commonly called the strayghtes of Marrocke, otherwise, Mallegaye, to the great losse and hynderaunce of your highnesse, and the burthen of vs your louyng subiectes.
For the auoydyng of all ambiguities and doubtes, and to thintent the officers may more certaynely knowe what they ought to receaue for suche kynde and nature of marchaundize: be it enacted and declared by this presente acte, and by the aucthoritie aforesaide, that lyke custome and subsidie is of very right to be payd, and shall from hencefoorth be payde, for suche sweete wines as is aforesayde, as is and hath ben accustomed to be payde for Malueseyes: anye negligence, none payment, vsage, or custome to the contrary in any wyse, notwithstandyng. Sauing to all and euery Lorde Marcher, and other person and persons whatsoeuer, body politike and corporate, all and euery suche ryght, title, and interest, as they or any of them haue, and [Page] of ryght ought to haue in the payment or hauing of any fraunchise, libertie, custome, and subsidie, or any of them: any thyng in this acte to the contrary, notwithstandyng.
Prouided alwayes, and be it enacted, that it shalbe lawfull to ship, lade, and transport into the portes beyonde the sea, al maner of corne, and grayne, out of the Counties of Northfolke and Suffolke, and eyther of them, at suche places as heretofore hath ben accustomed, and betweene the houres in this act appointed, when the same corne and grayne shall not exceede the seuerall prises mentioned in the statute made in the fifth and syxth yere of our late Soueraigne Lord king Edwarde the sixt, entituled, An act agaynst regrators, forestallers, and engrossers, the customes and subsidies therefore due, beyng well and truely payde: any thyng in this act, or any other act or statute to the contrary, notwithstandyng.
Prouided alwayes, that this acte, nor any thyng therein conteyned, be not preiudiciall or hurtful to the Isle of Anglesey, the shyres of Carnaruon, and Flint, in Northwales: but that the inhabitauntes thereof, and euery of them, may receaue, lade, and discharge, according to their olde auncient vses, customes, or liberties, graunted to them, or any of theyr predecessors, by the late king of famous memory king Henry the eyght, or any other his progenitors: so that they, and euery of them, pay the customes and subsidies that shalbe due, and discharge and lode within the tymes and houres before mentioned: any thyng in this present acte to the contrary, notwithstandyng.
An Acte agaynst the deceiptfull vsyng of lynnen Cloth. The .xii. Chapter.
WHere certayne euyll disposed and deceiptfull persons, vsyng to bye and ingrosse into theyr handes great store of linnen cloth, do vse to cast the peeces of cloth ouer a beame or peece of tymber, made for theyr purpose, and do by sundrye deuises racke, stretche, and drawe the same both of length and breadth, and that done, do then with batteldores, peeces of timber and wood, and other things, sore beate the same, euer casting therupon certaine deceiptful liquors, mingled with chalke, and other like things, wherby the said cloth is not duly made to seeme muche finer & thicker to the eye then it is in deede, but also the thredes thereof be so losed and made weake, that after .iii. or .iiii. washinges, it will scarcely holde together, to the great disceipt, hinderaunce, and losse of the subiectes of this Realme: be it therefore enacted by the aucthoritie of this present Parliament, [Page] that yf any person or persons, shall hereafter wyllingly vse, or cause to be vsed the aforesayde deceytes, or any other acte or actes, meane or meanes, to, in, or with any kynde of linnen cloth, whereby the same shalbe deceitfull or worse, to, & for the good vse thereof: that then the said cloth shalbe forfaited, & thoffendour therin to be punished by one monethes imprisonment at the least, and shal pay such fine as shalbe assessed, for his or their offence or offences, by y e Iustices, before whom he or they shalbe condemned accordyng to the tenor of this acte.
And be it further enacted by the aucthoritie aforesayde, that al and euery the Iustices of oyer and determiner, and Iustices of assyses in all theyr sessions, and all Iustices of peace in euery Countie and place of this Realme, or .iii. of them at the leaste, whereof one to be of the Quorum, shal haue ful power and aucthoritie to enquire, heare, & determine the offences aforesayde, in theyr sessions, by information, inditement, or vppon the trauerse of anye presentment, or inditement, founde before the sayde Iustices, or any of them.
And be it further enacted by the aucthoritie aforesayde, that yf any person or persons, shall at the next sessions of the peace (after the sayd seaser, to be kept within the shire or place where the seaser was made, or before two Iustices of peace, wherof one to be of the Quorū) make due information of the offence, and of the seaser of the sayde cloth, or els shall procure the offendours to be therof indited, at the sayd next sessions after the sayde seaser, and shall also be bounde before the sayd Iustices by recognisaunce or obligation, to the vse of the Queenes Maiestie, her heires, and successours, in such fourme as the said Iustices, or any of them, shall thinke meete for the greatnes of the matter, and to pursue the same matter with effecte, and to geue euidence, as of right apparteyneth, and also to pay and gyue the moytye of all that he or they shall so recouer and receaue, to the Sheriffe, or other accomptaunt; to the vse of the Queenes Maiestie, her heyres, and successours: and the one halfe of all the forfaytures and fynes of and for the premisses to be vnto the Queenes Maiestie, her heyres, and successours, and the other moitie to him or them that shall make information, or procure inditementes of and for the premisses, and shall folowe the same with effect.
And further be it ordained and enacted by the aucthoritie aforesaid, that the Iustices before whom any suche offence shalbe tryed, shal certifie the same by their estreate into the Exchequer, at the least yerely at Michaelmas, as they be boūd to do other their estreates, & vpon that certificate, the Barons of the Exchequer to haue ful power & aucthoritie to make proces for so much therof as by this estatute shal apparteyne to the Queenes Maiestie, in lyke maner & fourme as they only do for any other fines and amerciamentes so certified before them.
An Acte for the shipping in Englishe Botomes. The .xiii. Chapter.
WHere by diuers statutes made in the tyme of the Queenes Maiesties most noble progenitours, it hath ben enacted & prouided, that no person borne within the Realme of Englande, or beyng of the legiaunce of the prince of the sayde Realme, or any the dominions of the same, should ship any maner of marchaundize either out of the realme, or into the same, but only in a shyp or botome wherof the said prince, or some other of their subiectes, were owners, possessioners, proprietaries, and maisters, & the mariners of the same vessel, for the more part, to be also theyr subiectes, vpon diuers paynes and penalties, as in the sayd statutes more playnly appeareth. Since the making of which sayde statutes, other forraigne princes fyndyng them selues agreeued with the said seuerall actes, as thynkyng that the same were made to the hurt & preiudice of their countrey & nauie, haue made like penall lawes agaynst such as should shyp out of theyr countreys in any other vessels then of their seueral countreys and dominions: by reason whereof there hath not only growen great displeasure betwixt the forraigne princes and the kinges of this realme, but also the marchauntes haue ben sore greeued and endomaged.
For reformation whereof, and for increase of continuaunce of amitie, be it enacted, that the seuerall actes made in the fyfth yere of kyng Richarde the seconde, the third Chapter, and in the fourth yere of the late king of famous memory king Henry the seuenth, intituled, Of wine and tholouze ode, shalbe from henceforth clearely voyde & of none effect, And neuerthelesse for auoyding of great disceyt practised, & nowe a dayes vsed by sundry subiectes borne within this Realme of England, and dominions of the same, whiche enter in the customers bookes, wares and marchaundize of aliens borne, in theyr owne name, whereby the Queenes maiestie is defrauded in her customes and subsidies, to the great decaye of the auncient reuenues of the crowne: be it enacted by the aucthoritie of this present parliament, that all and euery person and persons, beyng owner or owners of any goodes, wares, or marchaundizes, whiche after the first day of Ianuary nexte ensuyng the sessions of this present Parliament, shall in tyme of peace, and when there is no restraynt made of Englyshe shyppes, embarke, shyppe, lade, or discharge by waye of marchaundize, any wares, or marchaundize (mastes, Raffe, Pitch, Tarre, and Corne only excepted) out of, or into any shyppe, barke, hoye, vessell, or botome, whereof our sayde soueraigne Ladye the Queene, her heires, or successours, or some of her or theyr subiectes of this [Page] Realme, or the dominions of the same, be not possessioners and proprietaries, and the maisters vnder God, and the mariners of the same ship or shippes, for the most part, be not subiectes of our sayde Soueraigne Lady, her heires, and successours, shall aunswere, yeelde, and pay to the vse of our said Soueraigne Lady the Queene, her heires, & successours, such custome and subsidie, for such wares and marchaundizes so shipped, laden, or discharged, as is aforesaid, rate and rate like, as straungers and aliens borne out of the obeysaunce of our sayde Soueraigne Lady the Queenes Maiestie, do, and ought to paye for wares and marchaundizes of lyke nature and kynde.
And be it further enacted by thaucthoritie aforesaid, that no Hoy, or Plate, wherof any English subiect or subiects, is, be, or shalbe owner or owners, at any time after the first day of Ianuary aforesaid, from any port, creeke, or place of this said Realme of England, or any of the dominions of the same, shall trauers or crosse the seas, in, to, or for any of the portes beyonde the seas, with any wares, goodes, or marchaundize, vpon payne that the sayde owner or owners shal forfaite and lose the same Hoy or Plate, with all and euery the munition, tacklyng, and other necessaries parteynyng thereunto: whereof the one moitie to be to the vse and behoofe of the Queenes sayde Maiestie, her heyres, and successours, and thother moitie to the person or persons whiche will sue for the same, by byll, playnt, action, or information, in any her highnes courtes at Westminster: in whiche case no wager of lawe, protection, or essoigne shalbe admitted.
Prouided alwayes, & be it enacted, that it shalbe lawfull to the marchaunts, commonly called marchaunts aduenturers, & marchaunts of the Staple, & euery of them, at their seueral Fleetes, or shippings of cloth, and woll, & euery of them, from & out of the Riuer of Thames, only beyng made, twyse in one yere at the most, to embarke, shyp and lade any goodes, wares or marchaundize in, or to any shyppe, vessell, or Bottome, belongyng or apparteining to any straunger or alien borne, so long and at suche time as there be not ships, vessels, or Bottomes belonging to the Queenes highnes, her heires, or successours, or any of her subiectes, in the sayde Riuer of Thames, sufficient in number, and apte and meete for the sure and safe conueyaunce of the wares and marchaundize into the partes of Flaunders, Holland, Zelande, or Brabant, or any of them, without paying any greater or more custome and subsidie, that Englishe men do, and ought to pay: any thyng in this acte to the contrary, notwithstandyng. This acte to continue and stande in force for the space of fyue yeres only next immediatly folowyng this present session of Parliament, and from thence to the ende of the Parliament then next folowyng.
Prouided, that forasmuche as the marchauntes of the Citie of [Page] Bristow, haue susteyned of late great losses at the sea by the enemies, by reason of takyng of all theyr best shyppes, with much substaunce, so that they be not of abilitie to prouide sufficient shyps and vesselles of theyr owne within the time limited in this present acte: that they for lacke of their owne shippes, or any other vesselles of the Queenes dominions, within .xl. myles of the Citie of Bristowe, may lode and embarke theyr owne wares and marchaundizes in straungers Bottomes, without paying any other custome, then for wares and marchaundizes laden in Englishe Bottomes: this acte or any thyng therin contayned to the contrary, notwithstandyng.
An Acte for the continuaunce of the makyng of VVollen Cloth, in diuers Townes in the Countie of Essex. The .xiiii. Chapter.
WHereas by a certayne Acte of Parliament begun of Westminster, the twentie day of Ianuarye, in the fourth and fyfth yeres of the raignes of the late kyng Philip and Queene Marie, and there continued tyll the seuenth day of March, in the sayd fourth & fifth yeres of the raignes of the saide late king & Queene, amongst other thynges it was enacted, that from and after the first day of May then next folowyng, no person or persons whatsoeuer, shall vse or exercise the feate or mysterie of making, weauyng or rowyng of wollen clothes, long or short, or Karseyes, pinned whites, or plaine streightes, to the intent to put the same to sale, but only in a market towne where cloth hath continually ben vsed to be made by the space of .x. yeres then last past, or in a Citie, Borough, or towne corporate, vppon payne of forfayture for euery suche wollen cloth or Karsey made, wouen, or rowed, out of suche citie, borough, towne corporate, or market towne fyue poundes.
And where also it is prouided in the sayde acte, that it shalbe lawfull to anye person, then vsyng or exercisyng the feate or mysterie of making, weauing, or rowyng of cloth or Karsey, to inhabite or dwell where he then dyd dwell and there to vse the makyng, weauyng, or rowyng of cloth or Karsey, as he hath heretofore: any thyng in the sayde acte, notwithstandyng.
And where it is further prouided by the sayde acte, that it shalbe lawfull to all and euery person or persons, whiche then dyd, or after that tyme shoulde inhabite or dwell in any of the shyres of Northwales, or Southwales, Gheshyre, or Kancashyre, Westmerlande, Gumberlande, Northumberlande, Byshoprike of Durham, Corne, [Page] Suffolke, Kent, the Towne of Goddelmine in the Countie of Surrey, or Yorkeshyre, being not within .xii. myles of the Citie of Yorke, or in any of the Townes or Villages neare adioynyng to the water of Strowde, in the Countie of Glocester, where clothes hath ben vsually made by the space of twentie yeres then last past, and hauyng ben apprentice to the occupation of cloth makyng, or vsed the same by the space of seuen yeres, to set vp, vse, and exercise the feate or mystery of making, weauing, or rowing of wollen cloth, out of a citie, borough, or market towne, as before that tyme they myght haue done: any thyng in the sayde acte to the contrary, notwithstandyng.
And forasmuche as the townes or villages of Bockyng, Westbarfolde, Dedham, and Cockshall in the Countie of Essex, be fayre large Townes, and aswell planted for cloth makyng, as the sayd towne of Goddelmine, or better, and fewe townes in this Realme better planted for that purpose, & haue berrinhabited of a long tyme with clothmakers, which haue made, and dayly do make good and true cloth, to the great common weale of the Countrey there, and nothyng preiudiciall to, or for the common wealth of this Realme: be it therfore ordayned and enacted by the aucthoritie of this present Parliament, that it shalbe lawful to al and euery suche person and persons, which nowe do inhabite or dwel, or hereafter shall dwell in the sayd townes or villages of Bockyng, Westbarfolde, Cockshall, and Dedham, or in any of them, nowe vsyng or exercisyng, or that hereafter shall vse or exercyse the feate or mysterie of makyng, weauing, or rowing of cloth or Karsey, by the space of seuen yeres at the least, or haue ben prentice thereto by the sayde space of seuen yeres, to inhabite and dwell in the sayde townes or villages of Bockyng, Westbarfolde, Cockshall, and Dedham, and in euery or any of them, and to vse the makyng, weauing, or rowyng of cloth or Karsey, as before this tyme they myght haue done, yf the sayd act had neuer ben made: any thyng in the sayde acte to the contrarye thereof made, or any other acte, statute, or lawe heretofore made, or hereafter to be made to the contrary hereof in any wyse, notwithstandyng.
An Acte that tymber shall not be felled to make coales for the burnyng of yron. The .xv. Chapter.
FOR the auoydyng of destruction and wastyng of timber, be it enacted by our soueraigne Lady the Queenes Maiestie, the Lordes spirituall and temporall, and the commons in this present Parliament assembled, and by the aucthoritie of the same, that no person or persons hereafter shal conuert or imploy, or cause to be conuerted or imployed [Page] to coale or other fuel, for the making of iron, any timber tree or tymber trees, of oke, beeche, or ashe, or of any part therof, of the breadth of one foote square at the stub, and growing within .xiiii. myles of the sea, or of any part of y e riuers of Thames, Seuerene, Wye, Humbre, Dee, Tine, Teese, Trent, or any other riuer, creeke, or streame, by the which cariage is commōly vsed by boate, or other vessell, to any part of the sea, vppon payne of forfayture for euery suche tree, or any part therof, so imployed or conuerted to coale, or other fuel, for the making of iron as is aforesayd .xl.s. of lawful money of England; y e one halfe of all whiche forfaytures to be to our soueraigne Lady the Queenes Maiestie, and to her heyres, and successours, and the other moytie to hym or them that wyll sue for the same, by original writ, byl, plaint, or information, wherin no essoigne, protection, iniunction, or wager of lawe shalbe admitted or alowed.
Prouided alwayes, that this acte shall not extende to the countie of Sussex, nor to y e Weyld of Kent, nor to any the parishes of Charlewoode Newdigate, and Lighe, in the Weylde of the countie of Surrey: this acre to begyn and take effect from and after the feast of the Natiuitie of S. Iohn Baptist next commyng, after this session of Parliament.
An acte to continue the acte made agaynst rebellious assembles. Chapter .xvj.
WHERE in the Parliament holden at Westminster the xxiiii. day of October, in the first yere of the reigne of the late Queene Marie, sister vnto the Queenes highnesse that now is, there was one acte & statute made agaynst vnlawful and rebellious assembles, to indure and stand in force vnto thend of the next Parliament then folowing, as by the same acte more playnely doth appeare. Which sayde acte and statute in the Parliament holden at Westminster the .xii. day of Nouember, in the first and second yeres of the raigne of the late king Philip and Queene Marie, amongest other thinges was then and there continued vnto the last day of the next Parliament: and after, at the next Parliament begun and holden at Westminster the .xxi. day of October in the ii. and .iii. yeres of the sayde late king Philip and Queene Marie, the sayde acte and statute amongest other thinges was also further continued to stande in force, vntyll the last day of the next Parliament then folowing: and also at the next Parliament holden at Westminster the .xx. day of Ianuarie in the .iiii. and .v. yeres of the raignes of the sayde late king and Queene, the saide acte and statute amongest other thinges was lykewyse further continued to stande & remayne in force vntyl the last day of the next Parliament then folowyng, [Page] whiche is this present Parliament, and so the sayde acte and statute by the actes of continuaunce aforesayde, doth stande in force but onely vnto the last day of this present Parliament.
And forasmuch as the sayd acte and statute, duryng al the time aforesayd, hath ben proued by experience to be a very good and beneficial lawe, and meete to be continued & kept in force, aswel for the preseruation of the peace, as also for the common wealth, and quietnesse of this Realme: be it therefore enacted by aucthoritie of this present Parliament, that the said act and statute, and euery braunch, clause, and article therin conteined, shal stand, remayne, continue, and be in full force and strength, to all intentes and purposes, for & during the naturall lyfe of the Queenes most excellent Maiestie that nowe is (which almightie God long preserue and continue) & to thend of the Parliament then next folowing: and that the sayd act and statute, & the wordes and sentences mentioned & conteined in the said act, shal extende and be to the Queenes hyghnesse that nowe is, as fully and amplie as euer the same did extende to the sayd late Queene Marie.
An acte for the preseruation of spawne and frye of Fishe. Chapter .xvij.
FOr the preseruation hereafter of spawne, frye, and yong breede of Eles, Samons, Pikes, and of all other fyshe, which heretofore hath ben muche destroyed in riuers & streames, salt and fresh within this Realme, in so much that diuers places they feede swine & dogges with the frye and spawne of fishe, and otherwyse (lamentable and horrible to be reported) destroy the same, to the great hynderaunce and decay of the common wealth: Be it therfore enacted by the Queenes most excellent Maiestie, the Lordes spirituall and temporall, and the commons in this present Parliament assembled, and by the aucthoritie of the same, that no person or persons, or what estate, degree, or condition so euer he or they be, from and after the first day of Iune next cōming, with any maner of net, weele, butte, tayning, kepper, lyme, crele, rawe, fagnet, trolnet, trymenet, trimbote, stalbote, weblister, seur, lammet, or with any deuise or engine made of heare, woll, lyne, or canuas, or shall vse any heling net, or trimle boate, or by any other deuise, enginne, cawtell, wayes or meanes whatsoeuer, heretofore made or deuised, or hereafter to be made or diuised, shall take and kyll any yong brode, spawne, or frye of Eles, Samon, Pike, or Pickerell, or of any other fishe, in any fludgate, pipe at the tayle of any myll, weare, or in any streites, streames, brokes, riuers, salt or freshe within this Realme of Englande, Wales, Barwike, or the marches therof, nor shal from and after the first day of Iune next comming by any [Page] of the wayes and meanes aforesayde, or otherwyse, in any ryuer or place aboue specified, take and kyll any Samons, or Trowtes, not beyng in season, being kepper Samons, or kepper Trowtes, shedder Samons, or shedder Trowtes.
And be it further enacted by aucthoritie aforesaide, that no person or persons, of what estate, degree, or condition he or they shalbe of, from and after the sayd first day of Iune, by any of the meanes aforesayde, in any of the riuers or places aboue named, shall take and kyll any pike or pickerell, not beyng in length .x. inches fishe or more, nor any Samon not being in length .xvi. inches fishe and more, nor any Trowte, not beyng in length .viii. inches or more, nor any Barbell, nor beyng in length .xii. inches or more.
And to thintent the sayd young frye, brode, or spawne, may be preserued according to the true meaning hereof, be it further enacted by thaucthoritie aforesayde, that no maner of person or persons, from & after the first day of Iune next commyng, shal fishe or take fishe with any maner of net, tramell, kepe, wore, hiuie, crele, or by any other ingin, deuise, wayes or meanes whatsoeuer, in any riuer, or other places aboue mentioned, but onely with net, or tramell, whereof euery meshe or maske shalbe two inches & a halfe brode, anglyng excepted.
Prouided neuerthelesse, and be it enacted by aucthoritie aforesayd, that in all suche places where smeltes, loches, minneys, bulheades, gudgions, or eles hath ben vsed to be taken and killed, that in al such places, it shalbe lawful only for thetaking of smeltes, loches, mineis, gudgions and eles, to vse suche nets, lepes, & other ingines, deuises, wayes and meanes, as heretofore hath ben vsed for the taking of the same: so that suche person or persons vsing or occupiyng such nets, or other ingines, as is last afore mentioned, do not take, kyll, or destroy any other fishe, with the sayde nettes, or ingines contrarie to the tenor and fourme aboue in this estatute conteyned.
And be it further enacted, that if any person or persons, after the aforesayd day limited in this present act, offend in any of the poyntes before rehearsed, contrarye to the tenor, fourme, and purpose of any part of the same: that then euery suche person and persons so offendyng, shall lose and forfayte for euery tyme of his or their offence, the summe of .xx. s. [...] the fishe so taken contrarie to the tenor hereof, and also the vnlawfull nets, ingines, deuises, and instrumentes whatsoeuer they be, wherewith or whereby suche offence shall fortune to be made, commited, or done.
And to thintent that a perfect execution may be had of this present act, be it further ordeyned by aucthoritie aforesayd, that the lord Admirall of Englande, and the Maior of the Citie of London, for the tyme beyng, and all and euery other person and persons bodyes politike and corporate, whiche by graunt or other lawfull wayes or [Page] meanes, lawfully haue, or ought to haue any conseruation or preseruation, of any riuers, streames, or water, or punishmentes and corrections of offences committed in any of them, shall haue full power and aucthoritie by vertue of this acte, to enquire of all the offences to be committed and done contrarye to the effecte and true meanyng of this act, within his or their suche lawfull rule, gouernement, iurisdiction, and conseruacie, by the othes of .xii. men or more, & to heare and determine all and euerye the same offences, committed within his or their suche iurisdiction, conseruacie, rule, and gouernment. And that all suche paynes and forfaytures, as shall ryse or growe by the reason of any suche conuiction for any the offences aforesayde, shalbe to the vse of euery of the sayde person and persons, beyng no body politique or corporate, nor head of any body politique or corporate, before whom suche conuiction, as is aforesayde, shall be had, and to the vse of euery suche body politique and corporate, as heretofore haue lawfully had any fynes, forfaytures, and amerciamentes, for any offence vnlawfully committed or done, in any suche their iurisdiction, or conseruacies, vppon conuiction had before the head of any suche body politique or corporate. And that also the Lorde of euery leete within this Realme of Englande, and Wales, or the dominions of the same, shall haue full power and aucthoritie to enquire of all thoffences contrarie to the purport, tenor, and fourme of this estatute, within the precinct of their sayde leete: such inquirie to be had, in maner and fourme, and after suche sort as common amerciamentes, or other thynges, inquirable in their court leete, haue ben lawefully vsed and accustomed to be had and made. And that vpon euery such presentmēt had in any court or leete, by the oth of twelue men or more, as is aforesayd, of any offence or offences, made contrarie to the tenor of this estatute: that then all suche forfayture aboue in this estatute limited and appoynted for suche offence, shalbe vnto the lord of the sayde leete for the tyme beyng, to his owne vse for euer, and shalbe leuyed in suche maner and fourme, as amerciament for affrayes committed within the precincte of suche leete haue ben vsed and accustomed to be leuied. And if any leete, after the sayde first day of Iune, be kept within this Realme of Englande, or Wales, or the dominions thereof, and the Stewarde of the sayde leete, for the tyme beyng, or other for him, do not charge the Iurie sworne in such leete to inquire of all the offences done within the precinct of the said leete, contrary to the tenor and fourme of this estatute: that then the Stewarde of the sayde leete, to leese and forfayte .xl.s. the one moitie of whiche forfaytures shalbe to the Queenes Maiestie, her heyres, and successours, and thother moitie to him that wil sue for the same. And if any Iurie sworne in any leete, and beyng charged to enquire of the offences committed within the precinct of that leete, do wylfully [Page] and willyngly conceale and make default in presentment, or do not present the offence and offendours: that then it shalbe lawfull to the stewarde, or bayly of the leete, or his or their deputie for the tyme beyng, to empanell one other Iurie within the saide leete, and to enquire of such concealement, default, and none presentment, and that vpon suche concealement, default, or none presentment founde and presented, euery of the sayde Iurours which so did conceale make default, or not present, shall loose & forfayte for euery such offence .xx.s. to the lorde of the sayd leete, the same to be leuied in maner & fourme as is abouesayde, for the other offences limited and expressed.
And it is further enacted by aucthoritie aforesayde, that if the offences aboue mentioned, touching the takyng, kylling, or destroying of fishe, or frye and Spawne, be not presented at the leete where they shalbe committed, within one yere next after the offence committed, that the Iustices of peace in their sessions, Iustices of Oyer and determiner, and Iustices of assise in their seuerall circuites, shall haue full power and aucthoritie to inquire therof, and to heare and determine al the offences committed contrary to the tenor of this estatute.
Sauing alwayes to al and euery person and persons, bodyes politique and corporate, and euery of them, all such right, title, interest, clayme, priuiledge, and conseruation, and enquirie, and punishment of and for any the offences aforesayd, as they or any of them lawfully haue and enioy, or of right ought to haue and enioy, by any maner of meanes: any thing in this acte to the contrary, notwithstanding. This acte to endure to the ende of the next Parliament.
Prouided alwayes, that this acte, or any thing therin conteyned, shall not extende vnto the fyshyng of the ryuer or water of Tweede, nor to any riuer or water wherof the Queenes Maiestie is aunswered of any yerely rent or profite, nor to the owners, fermours and occupyers of the riuers of Vske, or Wye, in the Countie of Monmouth, for any fishe hereafter to be taken in any the riuers or waters before mentioned and expressed, but that it may be lawfull at al seasonable time and tymes hereafter, for suche as haue or shall haue any maner of interest therein, to take and fishe the sayde riuers and waters, in such maner and fourme as heretofore hath ben vsed and accustomed, not vsing any net or enginne, to the intent wylllingly to take, kyll, and destroy the spawne, breede, or frye, breedyng any kynde of fishe, within the sayde seuerall riuers or waters: this acte or any thyng therein mentioned or conteyned to the contrarie, notwithstandyng.
An acte for the continuaunce of certayne Statutes. Chapter .xviij.
WHere in the Parliament begun and holden at London the .iii. day of Nouember, in the .xxi. yere of the raigne of our most dread Soueraigne Lorde of most famous memorie king Henry theight, & from thence adiourned to Westminster, and there holden and continued by diuers prorogations vnto the dissolution therof, one acte was made for the true wyndyng of Wolles, and one other acte was there made to restrayne kyllyng of waynelinges, bullockes, stires, and heyfers, beyng vnder the age of two yeres: which sayd seuerall actes were then made to endure and continue vnto the next Parliament, as by the sayde seuerall actes more playnely appeareth. And where also in the same Parliament one other acte was made & established for attayntes to be sued for the punishment of periurie vpon vntrue verdites: which acte last before rehearsed was then made & ordeyned to continue and endure to the last day of the next Parliament, as by the same act more plainely appeareth. And where also in the Parliament begun & holden at Westminster the .viii. day of Iune, in the .xxviii. yere of the raigne of our sayd most dread soueraigne Lord king Henry the eight, & there continued and kept vntyll the dissolution therof, it was ordeyned, and enacted, that all & singuler the sayde actes aboue remembred, and euery of them, should continue and endure in their force and strength, and also be obserued and kept vntyll the last day of the next Parliament, as by the same acte, amongst other thinges therein conteyned, more playnly appeareth. And where also in the Parliament begun & holdē at Westminster the .xxviii. day of April, in the .xxxi. yere of y e raigne of our sayd late most dread soueraigne lorde king Henry theight, and there continued vntyll the .xxviii. day of Iune then next folowing, it was ordeined and enacted by thaucthoritie of the same Parliament, that all and singuler the sayde seuerall actes aboue remembred, and euery of them, and all articles, clauses, and prouisions in them and euery of them conteyned, should continue and endure in their force & strength, and also be obserued and kept vntill the last day of the next Parliament, as by the same act amongst other thinges therein conteined, more plainly appeareth. And where in the Parliament holdē at Westminster, in the .xxxv. yere of the raigne of our sayde late soueraigne Lorde king Henry the eight, one act was made for the preseruation of woodes, to endure for .vii. yeres then next folowyng, and from thence to thend of the next Parliamēt, as by the same act more playnly it doth and may appeare. And where also at the parliament [Page] holden at Westminster in the .xxxvii. yere of the raigne of the said late king Henry theight, and there continued and kept vntyl the dissolution thereof, it was ordeyned and enacted, that all and singuler the sayd actes aboue remembred, and euery of them (except the sayde acte made for the preseruation of woodes as is aforesaid) should continue and endure in their force and strength, and also be obserued and kept vntyll the last day of the next Parliament then next folowyng, as by the same act amongst other thinges therin conteyned more plainely appeareth. And where also at the session of the Parliament ended at Westminster the .xiiii. day of Marche, in the thirde yere of the raigne of our late soueraigne lord king Edwarde the sixt, one act was made for the true currying of leather, whiche acte was made to endure to the ende of the next Parliament, as by the same acte more playnely appeareth. And where also at the session of a Parliament ended at Westminster the first day of Februarie, in the .iiii. yere of the raigne of our sayd late soueraigne lord kyng Edwarde the sixth, one acte was then and there made concerning the buying of rother beastes, & also one other acte was then and there made touchyng the buying and selling of butter and cheese: which sayd seueral actes where then and there made to endure and continue vnto the ende of the next Parlialiament, as by the same seuerall actes more at large it doth and may appeare. And where also at the session of a Parliament by prorogation holden at Westminster the .xxiii. day of Ianuarie, in the fift yere of the raigne of our said late soueraigne lorde king Edwarde the sixt, one other act was then and there made against regratours and forestallers, to endure to the ende of the next Parliament: al and singuler which sayde actes aboue mentioned, together with the sayde acte for the preseruation of woodes, at a Parliament holden at Westminster the first day of Marche, in the .vii. yere the raigne of our sayde late soueraigne lord king Edwarde the sixt, and there continued and dissolued the last day of the same moneth of March, and al clauses, articles, and prouisions in them & euery of them conteyned, were there reuiued & continued to stand in their force and strength vntyl the last day of the next Parliamēt. And where also at the session of a Parliament holden by prorogation at Westminster y e .xxiiii. day of October, in the first yere of the raigne of the late Queene Marie, sister to the Queenes highnesse that now is, and there continued and kept vntil the dissolution thereof, all and singuler the actes aboue mentioned, and before that tyme continued at sundry Parliamentes, as is aforesayde, and all clauses, articles, and prouisions in them and euerye of them conteyned, were there reuyued and continued to stande in their force and strength vnto the last day of the next Parliament. And where also at a Parliament begun and holden at Westminster the .xii. day of Nouember, in the firste and seconde yeres of the [Page] raignes of the late kyng Philip and Queene Marie, and there continued and kept vntyll the dissolution of the same, being the .xvi. day of Ianuarie then next ensuyng, all and singuler the actes aboue remembred, that were before that tyme continued at sundrye Parliamentes, as is aforesayde, and all clauses, articles, and prouisions in them and euery of them conteyned, were by the aucthoritie of the sayd Parliament there reuiued and continued to stand in their force and strength vnto the last day of the next Parliament. And where also at a Parliament begun and holden at Westminster the .xxi. day of October, in the seconde and thirde yeres of the raignes of the sayd late kyng Philip and Queene Marie, and there continued vntil the dissolution of the same, beyng the .ix. day of December then next ensuing, one acte was then and there made for the kepyng of Milche kyne and for the breading and rearyng of calues, and one other acte for the reedifying of decayed houses of husbandrye, & for the encrease of tyllage, the sayde two seuerall actes to endure tyl the last day of the next Parliament, as by the same more at large doth appeare.
And forasmuch as all and singuler the sayde seuerall actes aboue mentioned, be good and beneficiall for the common wealth of this Realme: be it therfore enacted, ordeined, and established by the Queenes most excellent Maiestie, with the assent of the Lordes spirituall and temporall, and the commons in this present Parliament assembled, and by the aucthoritie of the same, that all and singuler the said seuerall actes and estatutes aboue mentioned and rehearsed, & euery of them, and all clauses, articles, and prouisions in them and euery of them conteyned, shalbe reuiued, continued, stande, and endure in their ful force and strength, to all intentes, constructions & purposes, and shalbe obserued and kept in all thinges vntyll the last day of the next Parliament. And where in the Parliament begun and holden at Westminster the .xxi. day of October, in the second and third yeres of the raignes of the sayde late king Philip and Queene Marie, and there continues and kept vntyll the .ix. day of September then next ensuing, one acte was then and there made, entituled, An act for the reliefe of the poore, and to endure to the latter ende of the first session of the next Parliament. Forasmuch as the sayde acte is good and beneficiall to the common wealth of this Realme: be it therefore enacted, ordeyned, and established by the aucthoritie of this present Parliament, that the sayde acte last aboue mentioned and rehearsed, and all clauses, articles, and prouisions in the same conteyned, shalbe reuiued, continued, stande, and indure in full force and strength, to all intentes and purposes, and shalbe obserued and kept in all thinges vntyll the last day of the next Parliament.
An acte of a subsidie of Tonnage and Pondage. Chapter .xix.
IN their most humble wyse shewen vnto your moste excellent Maiestie, your poore and obedient subiects and commons in his your present Parliament assembled, that where aswell your noble graundfather, of worthy memorie, kyng Henry the seuenth; the most victorous & myghtie prince king Henry the eyght your most deare father, the late prince of worthy memorie kyng Edwarde the sixte, your moste entirely beloued brother, and our late soueraigne Ladye Queene Marie, your most deare sister, as other your ryght noble and famous progenitours, kynges of this your Realme of Englande, tyme out of mynde, haue had and enioyed vnto them by aucthoritie of parliament, for the defence of the same now your Realme, and the kepyng and sauegarde of the seas, for the entercourse or marchaundize, safely to come into, and to passe out of the same, certayne summes of money, named Subsidies, of all maner of goodes and marchaundize, commyng in or goyng out of the same your Realme. And forasmuche as we your sayde poore commons, vndoubtedly and most assuredly do trust and haue sure confidence in your Maiesties good fauour and wyll towardes vs your sayd poore commons, in and for the kepyng and sure defendyng of the seas, agaynst all persons, intendyng or that shall intende the disturbaunce of vs your sayde commons in the intercourse and the inuadyng of this your Realme, to our modestation, inquietyng, and losse whiche at any tyme cannot be borne without the great excesse, and intollerable costes, charges, and expences of your Maiestie, whiche is not (when neede shall require in suche cases) to be lacked at any tyme. But rather we your sayde commons, wishyng that suche furniture of all thynges may be had in redynesse from tyme to tyme, when necessitie shall require, for the spedie indilayed prouision and helpe for the suppressing of such inconueniences, disturbances, and inuasions, humbly desire your most excellent Maiestie, benignely and fauourably to take, accept, and receaue these our poore grauntes hereafter ensuyng, as graunted of true heartes, and good wylles, whiche we beare vnto your highnesse, towardes your sayd great costes, charges and expences, whiche may be expended and layde out by your Maiestie for the causes aforesayde, when neede shall require, as the firste fruites of our good wylles and heartes towarde your hyghnesse, although the same do, or hereafter shall nothing in effect counteruayle the same your great charges, nor yet we your sayde poore commons able fully to gratifie your highnesse by any meanes: yet neuertheles [Page] we your sayd poore commons, by thaduise and consent of the Lordes spiritual and temporall, in this your present Parliament assembled, and by the aucthoritie of the same, to the intent aforesayde, geue and graunt to you our supreme liege Lady and soueraigne, one subsidie called Tonnage, that is to say, of euery tunne of wyne commyng, or that shal or is come into this your realme, by way of marchaundize, the summe of .iii.s. and so after the rate. And of euery tun of sweete wyne, alwell maluesey as other, that shall or is come into the same your Realme, by euery or any marchaunt alien, aswell by the marchauntes of Haunse, & Almanie, as by any other marchaunt straunger, of what nation so euer he be .iii.s. and so after the rate ouer and aboue the .iii.s. afore graunted. And of euery aume of rennish wyne, commyng or that shall or is come into this your Realme, by way of marchaundize, by euery or any marchaunt denizen, or alien, of what natiō soeuer he be .xii.d. And also one other subsidie called Pondage, that is to say, of all maner of goodes and marchaundizes, of euery marchaunt denizen and alien, whatsoeuer he be, caried and to be caried out of this your sayde Realme, or brought or to be brought into the same, by way of marchaundize of the value of euery .xx.s. of the same goodes and marchaundize .xii.d. and so after the rate. And of euery .xx.s. value of tynne and pewter vessell, caried out of this your Realme, by any and euerye marchaunt alien .xii.d. ouer and aboue the .xii.d. aforesaid. Except and alwaies foreprised out of this graunt of subsidie of Pondage, al maner of wollen Cloth, made or wrought, or that shalbe made and wrought within this your Realme of Englande, & by euery or any marchaunt denizen, and not borne alien, caried or to be caried out of this your sayde Realme: and all maner of wolles, molfelles, and hydes, and backes of leather, also caried or to be caried out of this your Realme: and all wynes, and all maner of freshe fishe, and beshall, commyng, or that is or shall come into the same your realme. And further we your sayd poore commons, by the aduise, assent, & aucthoritfe aforesayd, geue and graunt vnto you our sayd soueraigne liege Lady and soueraigne, for the causes aforesayd, one other subsidie of al maner of wolle, wolfelles, and leather, caried or to be caried out of this your Realme, in maner and fourme folowyng: That is to say of euery marchaunt denizen, of and for euery sacke of woll .xxxiii.s.iiii.d. and for euery .xxxl. wolfels .xxxiii.s.iiii.d. and of and for euery last of hydes & backes of euery suche marchaunt denizen .iii.l.vi.s.viii.d. And of euery marchaūt stranger, not horne your liegeman, aswel those that be made denizens, as hereafter shal be made by letters patentes, or otherwyse, as all other marchaunt straungers, of and for euery sacke of wol .iii li. vi.s. viii.d. and of and for euery .ccxl. wolfels .iii. li. vi.s. viii.d. and also for euery last of hides and backes .iii. li. xiii.s. iiii.d. And so of all the sayde wols, wolfelles, [Page] hydes, and backes, & euery of them, after the rate that so is or shalbe caryed, to haue, take, enioy, and perceaue the subsidies aforesaid, and euery of them, and euery part and parcell of them, to your highnesse, from the .xvi. day of Nouember last past, duryng your lyfe naturall.
And further we your sayde poore commons, most humbly desire your Maiestie, that it may be enacted by your highnes, by the aduise and assent of the Lordes aforesayd, & vs your sayde commons, and by the aforesayd aucthoritie of this present Parliament assembled, that the giftes & graunts aforesaid, shalbe good and effectual accordyng to the true meaning of the same. And that it may be further enacted by the aucthoritie aforesaide, that if any wines, goodes, marchaundize, woll, wolfels, hides, and backes of leather aforesaid, or other thinges afore specified, whereof the subsidies aforesayde, or any of them, is or shalbe hereafter due, shal at any tyme hereafter duryng y e tyme aforesayd, be shipped, or put into any boate, crayer, ship, or vessell, to the intent to be caried into the parties of beyond the seas, or els be brought from the parties of beyond the seas into any port, hauen, creeke, or other place of this your Realme by way of marchaundize, & there laid on lande (the subsidies aforesayd of the premisses due, or to be due, by the reason of this graunt not paide) or the collector of the same subsidie, or his deputie, with & by the consent, knowledge, and agreement of the cōptroller & surueyor, or one of them at y e least, not agreed with for the same in the custome house, according to the true meaning and intent of these aforesaid graunts & euery of them: that then from the said .xvi. day of Nouember last past, and not before, al the said wines; goodes, marchaundize, wols, wolfels, hydes, & backes, and other the premisses aforesayd, & euery part and parcell therof, so shipped, or els put into any boates, crayer, or other vessel aforesayde, to the intent aforesaid, or brought into this Realme, & there layd on land, as is also aforesayd, shalbe & remayne forfait to your highnes, during the tyme aforesayd, thone moytie or the value therof to your hyghnes, & the other moitie to him or them that shall sease the sante, or sue for y e same. And that it may please your highnesse, that all marchauntes, aswell denizens as straungers, cōming into this your Realme, be wel & honestly entreated & demeaned, for such things as subsidy by this act is graūted for, as they were in y e time of your sayd noble progenitours, without oppression to thē to be done, paying the subsidies aforesaid.
And further that it be enacted by the aucthoritie aforesayde, that yf any goodes, marchaundizes, wolles, wolfelles, or leather aforesayde or any part thereof, of any marchaunt denizen, naturally borne your liege man, whiche hath or shall passe out of this your sayde Realme, after the sayde .xvi. day of Nouember last past, duryng the tearme of this gyft and graunt, hath or shall happen to be taken with enemies or pyrates vppon the sea, or peryshed by [Page] infortune in any ship or shyps that shall happen to be taken, or perished within the time of the fayde graunt, wherof the subsidies aforesayd, or any of them, to your hyghnes due, or to be due, is or shalbe in fourme aforesayd duely payd or agreed for, without fraude or collusion, & such losse or losses as ben before rehearsed, be found and proued before the Treasurer of England, or the cheefe baron of your Exchequer for the tyme beyng, by the examination of the same marchauntes yf they be aliue, or of their executours or administratours yf they be dead, or two true credible persons sworne, or other reasonable witnesse and proues sworne, witnessing the same marchaundizes so to be lost or perished: that then the same marchauntes denizens that were or shalbe owners of the aforesayd goodes, marchaundizes, wol, wolfels, hides, or other marchaundizes aforesayde, a shalbe so perished or lost, if they be on liue, or their executours & administratours, if they be dead, and euery of them, by force & vertue of this acte when them lyketh, during the sayd terme, shall or may newly ship as much wol, wolfels, hides, or other goodes and marchaundizes in the same port or portes in the which the same woll, wolfelles, hydes, or other goodes and marchaundizes aforesayde so lost and perished, were or shalbe shipped, without any, of the subsidies aforesayde nowe graunted to be had or payde therefore to your hyghnesse in any wyse: and that al suche profites of the premisses so to be lost or perished, be certified into your chauncerie by your sayde treasurer or cheefe Baron, there to remayne of record. And after such certificat made, the chaunceler of England, or the Lorde Keper of your great seale for the tyme being, shall make and deliuer vnto the sayde marchauntes, their executours, or administratours, or any of them, or to theyr atturney or atturneys in that behalfe, or any of them, as many and such writtes and warrauntes to be directed aswell to the collectours of the subsidies aforesayde, or any or euery of them, for the tyme beyng, as to the treasurer and Barons of your Exchequer for the tyme beyng shalbe thought requisite and needefull, for the sayd marchauntes, their executours, or administratours, or their atturney or atturneys, or any of them, or the sayde Collectours, or any of them, to haue for the obtaynyng aswell of the shipping, as of the alowaunce thereof.
And further that euery marchaunt denizen that shall shyp hereafter any woll, wolfelles, hides, or any other goodes and marchaundize in any Carricke, or Galley, shal pay to your Maiestie during the tyme aforesayde, all maner of customes, and all the subsidies aforesayde, as any alien borne out of this your Realme.
God saue Queene.
An acte of a subsidie and two Fifteenes and Tenth by the Temporaltie. The .xx. Chapter.
THE care which we do perceaue your Maiestie hath, moste noble and redoubted Soueraigne, to reduce this Realme, and the imperiall Crowne thereof, nowe lately so sore shaken, so impouerished, so infeabled and weakened into the former estate, strength and glory, doth make vs not onlye to reioyce much in the great bounteousnesse of almyghtie God, who hath so marueylously, and beyond all worldlye expectation, preserued your Maiestie, in these late difficult and daungerous tymes: but also to studie and bende all our wittes and force of vnderstandyng, how we may lyke louing and obedient subiectes, folowe our head, in this so noble and so necessarie an enterprise. And consydering with ourselues, that the decay hath ben, besides many other thinges, especially in these three. Fyrst, wasting of Treasure, abandonyng of strength, and in diminishing of the auncient aucthoritie of your imperiall Crowne.
We do most earnestly and faythfully promise to your highnesse, that there shall lacke no good wyll, trauell nor force on our behalfe, to the redresse of all this: but we shalbe readye with hearte, wyll, strength, bodye, lyues and goodes, not onlye to recouer agayne that whiche is thus diminished: but yf neede be, to recouer farther (as far as ryght, and the wyll and pleasure of God shall suffer) the olde dignitie and renownie of this Realme. The tyme and place whereof doth not rest in vs, but as most reason is, in your moste noble Maiestie, with the aduise of your honorable Counsell. Neuerthelesse since it doth so manifestly appeare to vs all, what inestimable wastyng, and consumption of the Treasure and auncient Reuenues of this Realme hath ben of late dayes, and what great newe charges, and intollerable expences, your highnesse is forced nowe to sustayne, by reason of the decaye and losse of percell of your auncient Crowne. So beyng not ignoraunt that no worthye enterprise, no noble attempte, no not so much as the preseruation of a strong and puisaunt estate, may be without some masse of Treasure presentlye to be had, and redye agaynst all occurrentes.
[Page]Therefore we your most obedient and louing subiectes, the lordes Spirituall and Temporall, and the Commons in this present Parliament assembed, to shewe our wylling heartes and good mindes, vpon mature consultation had, haue condiscended and agreed with one voyce, and most entire affections, to make your highnesse at this time a present, not such in dede as in our affections we do wishe it, & as we know most certaynely ought to be. But yet of your accustomed clemencie which you do shewe to all men, we humbly on our knees pray your highnesse not to reiect it, but to accept our good wylles and heartie desyres therein, and that this our small gyft maye be by your highnes, the lordes spiritual and temporall, and the cōmons in this present parliament assembled, and by the aucthoritie of the same enacted.
And be it enacted that your highnesse towardes the sayde great costes, and inestimable charges, shall haue by aucthoritie of this present Parliament, two whole Fifteenes, and Tenthes, to be payd, taken, and leuied of the moueable goodes, cattelles, and other thinges vsuall to such Fifteenes and Tenthes, to be contributorie and chargeable within the Shires, Cities, Boroughes, Townes, and other places of this your Maiesties Realme, in maner and fourme aforetime vsed. Except the summe of twelue thousande poundes, thereof fully to be deduced, that is to say .vi.M. poundes of eyther of the sayd whole Fifteenes & Tenthes, of the summe that one whole Fifteene and Tenth attaineth vnto, in reliefe, comfort, & discharge of y e poore Townes, Cities, and Boroughes of this your saide Realme, wasted, desolate, or destroyed, or ouer greatly impouerished, after such rate as was and hath afore this time ben had and made vnto euery Shyre, & to be diuided in suche maner & fourme as heretofore for one whole Fifteene and Tenth hath ben had and diuided. And the sayde two whole Fifteenes and Tenthes (thexceptions, and deductions aforesaid, thereupon had deducted, and alowed) to be paide in maner and fourme folowyng: that is to say, the fyrst whole Fifteene & Tenth, except before excepted, to be payde to your highnesse in the receipt of of your highnes Exchequer, before the tenth day of Nouember next comming. And the said .ii.xv. and .x. except before excepted, to be paid to your highnesse in the receipt of your Exchequer before the .x. day of Nouember, in the yere of our Lorde God. M.D.lx.
And be it further enacted by the aucthoritie aforesayde, that the knightes elected and returned, of, & for the shyres within this realme for this present parliament, citizens of cities, & Burgeses of boroghes & townes, where Collectours haue ben vsed to be named & appoynted for y e collection of any Fifteene & Tenth before this time graūted, shall name and appoynt yerely before the last day of August, in eyther of the sayde two yeres, sufficient & able persons for the collection [Page] of the said Fifteenes & Tenthes, in euery of the saide shires, cities, borowes and townes, the saide persons the hauing landes, tenementes, and other hereditamentes, in his or their owne right of an estate of enheritaunce, of the yerely value of tenne poundes, or in goodes worth a hundreth pound at the least. And also such person or persons so by them to be named and appoynted, for the collection of eyther of the said Fifteenes and Tenthes, shalbe by them seuerally appointed, and allotted into Hundredes, Rapes, Wapentakes, Cities, Boroughes, and Townes. And also the sayde persons so named and appoynted for the collection of the same Fifteenes and Tenthes, shalbe charged and chargeable vppon his or their accompt or accomptes, in the Exchequer to be made, with al such summe or summes of monie, as the Hundredes, Rapes, Wapentakes, Cities, Boroughes, and Townes, where he or they shall so happen to be appoynted, amount vnto, and of no more summe or summes. And vppon the payment of such summes of money, as he or they shalbe charged with, shalbe discharged, and haue his and theyr Quietus est, the non accompting or non payment of any other his felowes, or the insufficiencie of them, or any of them notwithstandyng. And the names and surnames of euery of the sayde Collectours, for the sayde Fifteenes and Tenthes, during eyther of the saide two yeres together, with the place allotted to their collection and charge, the said Knightes, Citezins, and Burgesses for the Shires, Cities, and Boroughes, whereunto they be elected, named, and retourned, shall certifie before the Queene in her Chauncerie, before the .xiii. day of October, in euery of the same two yeres, accordyng to the tenor of this acte. And yf default of any such certifying be had or made in fourme as is aforesayde, then the Lorde Chauncelour of England, or keper of the great seale for the time beyng, shall immediatly after, name and appoynt Collectours, for the Collection of eyther of the said Fifteenes & Tenthes, in maner and fourme as the sayde Knightes of the Shyre, Citizens of Cities, and Burgeses of Boroughes, shoulde haue done, and as aforetime haue ben vsed. The which said Collectours and euery of them, shall haue lyke alowaunce vpon their accomptes, for their fees, wages, and rewardes for the collection of the sayd Fifteenes and Tenthes, in as large maner and fourme as anye Collectour or Collectours, of Fifteenes and Tenthes, haue had at any season in tyme past. And that the Barons of the Queenes Exchequer for the time being, shall and may from time to time, awarde suche proces for the spedye payment thereof, agaynst the Collectour and Collectours for the same, as by their discretions shalbe thought conuenient.
Prouided alway, and be it enacted by the aucthoritie of this present Parliament, that the sayde Lorde Chauncelour, or keper of the great seale for the tyme beyng Knightes of the Shyres, Citizens [Page] [...] [Page] [...] [Page] [...] [Page] [...] [Page] of Cities, and Burgesses of Boroughes, Townes & other places, hauyng aucthoritie by this present acte, to name & nominate the sayd Collectours, of, or for the said Fifteenes and Tenthes, shal vpon their nomination and election, had, and made, take by aucthoritie of this present parliament, sufficient recognisaunces, or by obligation of euery person so by them to be named, to be bound to the Queenes Maistie, in the double summe of the summe of their Collection, & to be endorsed vpon such condition, that if the saide Collector or Collectors do truely content and pay to the vse of y e Queenes highnesse, in her receipt of thexchequer, before the tenth day of Nouember, in euery of the said two yeres, so much of the summe of money alloted and appoynted to his collection, as the same Collectour shall haue collected and gathered, & do likewyse after the saide thenth day of y e moneth of Nouember, in euery of the said two yeres, content and pay to the Queenes Maiesties vse, at the same receipt, y e residue of his collection & charge within one moneth next after such time, as he shal haue gathered & collected the same residue that then y e said recognisance or obligation to be voide, or els to stand in his ful strength and vertue, which recognisance or obligation, so taken, the said knightes of the Shyre, Citizens and Burgesses, and euery of them, taking any such recognisaunces or obligation, shal certifie & deliuer to the lord Treasourer, & Barons of the same Exchequer, before the said tenth day of Nouember, in euery of the said yeres, vpon paine of forfeyture often pound to the queens highnes, for euery recognisaunce or obligation, so to be taken, and not certified. And that euery suche Collectour vpon request to him made, shall make and knowledge the same recognisaunce or obligation accordingly▪ vpon like paine & forfeyture of ten pound to the Queene, for his refusal thereof. And that y e Treasurer or Barons of thexchequer, vppon the paiment of the same collection, or at the sayd days, shall cancell and deliuer the sayde recognisaunce or obligation to the saide Collectour or Collectours, without any fee or rewarde, to be paide to any person for the same.
And furthermore, for the great and waightie consyderations aforesayde, We the Lordes Spirituall and Temporall, and the Commons in this present Parliament assembled, do by our lyke assent and aucthoritie of this Parliament, geue and graunt to your hyghnes, our said Soueraigne Lady, the Queenes Maiestie, your heires and successours, one entire subsidie, to be rated, taxed leuied, and payd at two seuerall paymentes, of euery person, spirituall and temporall, of what estate, or degree he or they be, according to the tenor of this acte, in maner & fourme folowyng, that is to say, aswell of euery person borne within this Realme of Englande, Wales, or other the Queenes dominions, as of al & euery Fraternitie, Guild, Corporation, Misterie, Brotherhead, & Cominaltie, corporated, or not corporated [Page] within this realme of England, Wales, or other the Queenes domonions, beyng worth .v.li. for euerye pounde, aswell in coyne and the value of euery pound that euery such person, fraternite, guylde, corporation, mysterie, brotherhead, comminaltie, corporate, or not corporate, hath of his or their owne, or anye other to his or their vse, as also stocke of marchaundizes, all manner of corne and blades, householde stuffe, and of all other goodes moueable, aswell within the Realme as without, and of all such summes of money as to hym or them is, or shalbe owyng, wherof he or they trust in his or their conscience surelye to be payde (except and out of the premisses deducted) suche summes of money as he or they owe, and in his or their consciences intendeth truely to pay, and except also thapparrell of suche persons, their wyues and chyldren belongyng to their owne bodyes (sauyng Iewels, golde, syluer, stone, and pearle) shall paye to and for the firste payment of the sayde subsidie .xx.d. of euery pound, and to and for the second payment of the sayde subsidie .xii.d. of euery pounde. And also euery alien and straunger borne out of the Queenes obeysaunce, aswell denizen as others, inhabiting within this Realme, of euery pounde that he or they haue in coyne, and the value of euery pound in plate, corne, grayne, marchandizes, houshold stuffe, or other goodes, iewels, cattels, moueable or vnmoueable, as is aforsayde, aswell within this Realme as without, and of all summes of money to hym or them owyng, wherof he or they trust in his or their consciences to be payde (except and of the same premisses deducted, euery suche summe or summes of money, which he or they do owe, and in his or their conscience or consciences intende truely to pay) shall pay of and fore euerye pounde, to and for the fyrst payment of the sayde subsidie .iii.s.iiii.d. and to and for the second payment of the said subsidie .ii.s. of euery pound. And also that euerye alien and straunger, borne out of the Queenes dominions, beyng denizen or not denizen, not beyng contributorie to anye the rates abouesayde, shall pay to and for the firste payment of the sayde subsidie .iiii.d. and to and for the second payment of the sayde subsidie other .iiii.d. for euery pole. And the maister, or he or she with whom the same alien is, or shalbe abyding at the tyme of the taxation or taxations therof to be charged with the same for lacke of payment thereof.
AND be it further enacted by the aucthoritie aforesayde, that euery person borne vnder the Queenes obeisaunce, and euery corporation fraternitie, guylde, mysterie, brotherhead, and comminaltie corporate, or not corporate, for euerye pounde that euerye of the same person, and euerye corporation, fraternitie, guylde, mysterie, brotherheade, and comminaltie, corporate or not corporate, or anye other to his or their vse, hath in fee simple, fee tayle, for tearme of lyfe, tearme of yeres, by execution, wardeshippe, or by copie of court rolle, of, and in anye Honours, Castels, Manours, Landes, Tenementes, Rentes, [Page] seruices, hereditamentes, annuities, fees, corrodies, or other yerelye profites of the yerelye value of .xx.s. aswell within auncient demeane and other places priuiledged, or els where, and so vpwardes shall pay to and for the firste payment of the sayde subdie .ii.s.viii.d. of and for euery pounde, and to and for the seconde payment of the sayde subsidie xvi.d. of & for euery pound. And euery alien borne out of the Queenes obeysaunce, in suche case, to paye at the firste of the sayde paymentes v.s.iiii.d. of euery pound, and at the second payment .ii.s.viii.d. of and for euerye pound. And that all summes presented and chargeable by this acte eyther for goodes, and debtes, or eyther of them, or for landes and tenementes, and other the premisses as is in this acte conteyned, shalbe at eyther of the sayde paymentes, set and taxed after the rate and portion, accordyng to the true meanyng of this acte (landes and tenementes chargeable to the dismes of the Cleargie, and yerelye wages due to seruauntes for their yerely seruice, other then the Queenes seruauntes, takyng yerelye wages of fyue poundes or aboue, onlye excepted and foreprised.) And that al plate, coyne, iewels, goodes, debtes, and cattelles personelles, beyng in the rule and custodie of anye person and persons to the vse of any corporation, fraternitie, guylde, mysterie, brotherhead, or anye comminaltie, being corporate or not corporate, be and shalbe rated, set, and charged by reason of this acte, as the value certified by the presenters of that certificate, to be sworne of euery pound in goodes and debtes, as is abouesayde. And of euery pounde in landes, tenementes, annuities, fees, corrodyes, or other yerely profites as is abouesayde: and the summes that are before rehearsed, set, and taxed, to be leuyed and taken of them that shall haue such goodes in custody, or otherwise charged for landes as is before rehearsed. And the same person or persons, and body corporate, by aucthoritie of this acte shalbe discharged agaynst him or them that shall or ought to haue the same, at the time of the payment or deliuerie therof, or at his otherwyse departure from the custodie or possession of the same. Except and alwayes foreprised from the charge and assessement of this subsidie, all goodes, cattelles, iewels, and ornamentes of Churches and Chappels, whiche haue ben ordeyned and vsed in Churches or Chappels, for the honour and seruice of almyghtie God.
AND the first payment of the saide subsidie, shalbe by the aucthoritie aforesayde, taxed, assessed, and rated according to this acte, in euery Shire, Riding, Lathe, Wapentake, Rape, Citie, Borough, Towne, and euery other place within this realme of England and Wales, and other the Queenes dominions, before the last day of Aprill nexte comming. And the secon̄d paiment of the said subsidie, shalbe by thaucthoritie aforesaid, taxed, assessed, & rated, before the .xx. day of Ianuary next cōming. And y e perticuler summes of euery Shire, Riding, Borough, Towne, and other places aforesaid, with the perticuler names of such [Page] as are chargeable for and to the firste payment of the sayde subsidie, to be taxed and set by the Commissioners to the same limited, or two of them at the least, with the names of the hygh Collectours, and in the same fourme shalbe certifed into the Queenes Exchequer, before the last day of May next commyng. And the perticuler summes of euerye Shyre, Rydyng, Borough, Towne, and other places aforesayde, with the perticuler names of suche as are chargeable for and to the seconde payment of the said subsidie, to be taxed and set by the Commissioners to the same to be limited, or two of them at the least, with the names of the hygh Collectours, & in the same fourme shalbe certified into the Queenes Exchequer, before the .xx. day of February, whiche shalbe in the yere of our Lord God .M.D.lix. and the saide summes in maner & fourme aforesaid, to be taxed for the first payment of the sayde subsidie, shalbe payde into the Queenes receipt of her Exchequer aforesayde, to the vse of our sayd soueraigne Lady, before the .xxiiii. day of Iune next comming, and the sayd summes in maner and fourme aforesayd, to be taxed for the second paiment of the said subsidie, shalbe payde into the receipte aforesayd, to the vse aforesayd, before the firste daye of March, which shalbe in the yere of our Lorde God. M.D.lir. And the summe abouesayde, of and for the sayde subsidie, shalbe taxed, set, asked, and demaunded, taken, gathered, leuied, and paide to thuse of our sayde soueraigne Lady, her heyres, and successours, in fourme abouesaid, aswell within the liberties, fraunchises, sanctuaries, auncient demeane, and other whatsoeuer place exēpt or not exempt, as without. Except suche Shyres, places, and persons as shalbe foreprised in & by this present acte, any graunt, charter, prescription, vse, or libertie, by reason of any letters patentes or other priuiledge, prescription, alowaunce, of the same or whatsoeuer other mater of discharge heretofore to the contrary made, graunted, vsed, or obteyned, notwithstandyng.
AND it is further enacted by the aucthoritie of this present parliament, that euery such person, aswel such as be borne vnder the Queenes obeysaunce, as euery other person, strange borne, denizen, or not denizen, inhabiting within this realme, or within Wales, or other the Queenes dominions, which at the tyme of the sayd assessinges, or taxations, or of either of them, to be had or made, shalbe out of this realme and out of Wales, and haue goodes or cattels, landes or tenementes, fees or annuities, or other profites within this Realme, or in Wales, shalbe charged and chargeable for the same, by the certificate of the inhabitauntes, or the parties where such goodes, cattelles, landes, tenements, or other the premisses then shalbe, or in such other place where such persō or his factour, deputie, or atturney, shal haue his most resort vnto, within this realme, or in Wales, in lyke maner as if the said persō were, or had ben at the time of the said assessing within this realme. And y t euery persō abiding or dwelling within this realme or without [Page] this Realme shalbe charged or chargeable to the same subsidie graunted by this acte, accordyng and after the rate of suche yerely substaunce or value of landes and tenementes, goodes, cattels, and other the premisses, as euery person so to be charged shalbe set at, in the tyme of the sayde assessyng or taxation vpon hym to be made, & in none otherwyse.
AND further be it enacted by the aucthoritie aforesayde, that for thassessyng and orderyng of the sayde subsidie to be duely had, the Lorde Chauncellour of Englande, or the keper of the great Seale, the the Lord Treasourer of England, the Lord Steward of the Queenes Maiesties housholde, the Lorde president of the Queenes honourable counsell, and the Lord priuie Seale for the tyme beyng, or two them at the leaste, whereof the Lorde Chauncellour of Englande, or keper of the great Seale for the tyme beyng to be one, shall and maye name and appoynt, of, and for euerye Shyre, and Riding, and other places, aswell within this Realme, as in Wales, and other the Queenes dominions, and also of and for euery Citie & Towne, being a Countie in it selfe, and of, and for the Isle of Wyght, suche certayne number of persons of euerye of the same Shyres, Rydynges, Lathes, Wapentakes, Rapes, Cities, Townes, and Isle of Wyght, and euerye other place, and other thinhabitaunts of the same, to be Commissioners of, and within the same whereof they be inhabitauntes. And also, of and for the honourable housholde of the Queenes Maiestie, in what Shyre or other places the said houshold shall happen then to be. And the Lorde Chauncellour or keper of the greate Seale, and other with hym before named, in lyke maner maye name and appoynte of euery other such Borough and Towne corporate, aswel in Englande as in Wales, and other the Queenes dominions, as they shall thinke requisit .vi.v.iiii.iii. or .ii. of the head officers, & other sad honest inhabitauntes of euery of the saide Cities, Boroughes, and Townes corporate, accordyng to the number and multitude of the people beyng in the same, the whiche persons if anye suche be thereunto named, of the sayde inhabitauntes of the sayde Boroughes and Townes corporate, not beyng Counties in them selues, shalbe ioyned and put in as Commissioners, with the persons named for suche Shyres and Rydynges, as the sayde Boroughes and Townes corporate, not beyng Counties in them selues, be set and haue their beyng, whiche persons so named for and of the sayde Boroughes and Townes corporate, not beyng Counties, by reason of their dwelling in the same, shall no take vpon them, ne none of them, to put any parte of their commission in execution, for the premisses out of the sayde Boroughes and Townes corpoporate, wherein they beyng so named, onlye for the same be dwelling. And also no to execute the sayde commission within the Borough or Towne corporat where they be so dwelling, but at such daies & times as the said other Commissioners, for the same Shire and Ryding shal [Page] thereunto limit and appoint within the same Borough, or Towne corporate, not being Countie corporate, whereof they so be, and not out of such Borough or Towne, and in that maner to be ayding and assisting with the said other Commissioners, in and for the good executing of theffect of the saide Commission, vpon paine of euery of the saide Commissioners so named for euery suche Citie, Borough, and Towne corporate, not being a Countie, to make such fine, as y e saide other Commissionrs, in the commission of, and for the saide Shyre or Riding so named, or three of them at the least, shall by their discretions, set and certifie into the queenes Exchequer, there to be leuied to the vse of y e queenes maiestie, in like maner, as such or like summes had ben set and rated vppon euery such person for the said subsidie. The which Commissioners so named of, and for the said Cities Boroughes, and Townes, not being Counties, & onlye put in the sayde commission, by reason of their dwelling in the same, shall not haue any part of the portion, of the fees and rewardes of the Commissioners, and their Clarkes, in this acte afterward specified. And the Lorde Chauncelour of Englande, or keper of the great seale for the time beyng, shall make and dyrect out of the Court of Chauncerie, vnder the great seale, seuerall commissions, that is to say, To euerye Shyre, Ridyng; Lath, Wapentake, Rape, Citie, Towne, Borough, Isle, and housholde, vnto such person and persons, as by his discretion and other with him aforenamed and aypoynted, in lyke maner and fourme as is afore rehearsed, shalbe thought sufficient for the sessing and leuying of the saide subsidie, in all Shires and places, accordyng to the true meaning of this acte, which Commission for the first payment of the sayde subsidie, shalbe dyrected and deliuered to the sayde Commissioners, or to one of them, before the fyrst day of Aprill next comming. And the Commission for the seconde payment of the sayde subsidie, shalbe dyrected and deliuered to the sayd Commissioners, or one of them, before the fyrst day of Ianuarie, whiche shalbe in the yere of our Lorde God, a thousande, fiue hundred, fiftie and nine. And to euery of the saide Commissions, ten scedules conteyning in them, the tenor of this acte, shalbe affiled. By which commission the Commissioners in euery such Commission, named accordyng to this acte, & as many of them, as shalbe appoynted by the said Commission, shall haue full power and aucthoritie, to put theffect of the same commission in execution. And that by aucthoritie of this act, after such Cōmission to them directed, they may by their assentes & agreementes seuer them selues for the recution of their cōmission, in Hundredes, Lathes, Wardes, Rapes, Wapentakes, Townes, Parishes, and other places, within the limites of their said commission, in such fourme as to them shal seme expediēt to be ordered, & betwene them to be cōmoned and agreed, accordyng to the tenor and effect [Page] of the commission to them therein dyrected, vpon which seueraunce euery person of this present Parliament, that shalbe Commissioner shalbe assigned in the hundred where he dwelleth.
Prouided alwayes, that no person, be or shalbe compelled to be any Commissioner, to and for the execution of this present acte, but only in the Shyre, where he dwelleth and inhabiteth. And that anye person beyng assigned to the contrary thereof, in any wyse shall not be compelled to put in execution the effecte of this acte, or anye part thereof. And it is also enacted by the aucthoritie of this present Parliament, that the Commissioners and euery of them, which shal be named, limited, and appoynted accordyng to this acte, to be Commissioners in euery such Shyre, Rydyng, Lath, Wapentake, Rape, Citie, Towne, Borough, Isle, and the sayde householde, or anye other place, and none other, shall truely, effectually, and diligently for theyr part, execute theffect of this present acte, accordyng to the tenor thereof in euerye behalfe, and none otherwyse, by anye other meanes, without omission, fauour, dread, malice, or any other thing to be attempted, and done by them, or anye of them to the contrarye thereof. And the sayde Commissioners, and as manye of them as shalbe appoynted by the sayde Commission, and none other, for thexecution of the sayde commission and acte, shall for the taxation of the sayde first payment of the saide subsidie, before the sixt day of Aprill, next comming: and for the taxation of the sayde seconde payment of the sayde Subsidie, shall before the sixt day of Ianuarie, whiche shalbe in the yere of our Lorde God, a thousande, fiue hundred, fiftie & nine, by vertue of the commissions, deliuered vnto them in fourme abouesayde: directe their seuerall or ioynt precept vnto .viii.vii.vi.v. iiii. or .iii. or mo, as for the number of thinhabitants, shalbe requisit of the most substantiall, discrete, & honest persons, inhabitances, to be named by the saide Commissioners, or by as many of them as shalbe appoynted by the saide Commission, of, and in Hundredes, Lathes, Rapes, Wapentakes, Wardes, Parishes, Townes, & other places, aswell within Liberties, Franchises, auncient demeanes, places exempted, and Sanctuaries, as without, within the limites of the Shyres, Ridinges, Lathes, Wapentakes, Rapes, Cities, Townes, Boroughes, or Isle aforesayd, and other places, within the limits of their commission, and to y e Constables, Subconstables, Bayliffes, & other like officers, or ministers of euery of y e saide Hūdreds, Townes, Wardes, Lathes, Wapētakes, Parishes, and other places beforesaid, as to y e said cōmissioners, and euery number of them, or vnto three, or two of them by their discretion in diuision shal seme expedient, as by the maner & vse of y e parties shalbe requisit, straightly by y e same precept, charging & commaundyng the same inhabitantes, constables, and other officers aforesaide, to whom such precept shalbe so directed [Page] to appeare in their proper persons, before y e saide Commissioners, or such number of them as they shal diuide them selues, accordyng to y e tenor of the said cōmission, at certaine dayes & places by the said commissioners or any number of them as is aforesaid, within cities, boroughes, or townes corporate, or without, in any other place as is aforesayd, by their discretions shalbe limited thereunto to do & accomplish al that to them on the parties of the queenes Maiestie, shalbe enioyned touchyng this acte. Commaundyng further by y e same precept, that he to whose handes such precept shall come, shall shewe or deliuer the same to thother inhabitauntes or officers named in the said precept, & that none of them fayle to accomplishe the same, vpon payne of fourtie shillinges, to be forfeyted to the Queenes Maiestie.
And it is further ordeyned by the aucthoritie of this present parliament, that the said day and place prefixed & limited in the sayde precept, euery of the Cōmissioners then beyng in the shyre, & hauyng no sufficient excuse for his absence, at y e day & place prefixed for that part whereunto he was limited, shal appeare in his proper person, & there the same cōmissioners being present, or as many as shalbe appointed by y e queenes Maiesties cōmission, shal cal or cause to be called before them the saide inhabitauntes & officers to whom they haue directed their said precepts; & which had in cōmaundements there to appeare by y e said precept of the saide Cōmissioners, & if any person so warned make default, vnles he then be letted by sicknesse or lawfull excuse, & that let them be witnessed by y e othes of two credible persons, or if any appearing refuse to be sworne in forme folowing, to forfeit to the Queenes Maiestie .xl.s. And so at euery time appoynted by the sayd Commissioners for the same taxation, vnto such time the number of euery such persons haue appeared & certified in fourme vnder wryten, and euery of them so makyng default, or refusing to be sworne, to forfeyte to the Queenes Maiestie .xl.s. and vpon the same appearaunce had, one of the most substanciall inhabitauntes or officer so being warned, and appearing before the said Commissioners, shalbe sworne vpon a booke openly before y e Commissioners in fourme folowyng. I shall truely enquire with my felowes that shalbe charged with me, of the Hundred, Wapentake, Ward, Towne, or other place of the best and most so alue of the substaunce of euery person dwelling and abydyng within the limits of the place that I and my felowes shalbe charged with, and of other which shall haue his or their most resort vnto any of the saide places, & chargeable with any summe of money by this acte of this saide subsidie, & of all other articles that I shalbe charged with touching the saide acte, and accordyng to the intent of the same, and thereupon as nere as it may be, or shall come to my knowledge, truely to present and certifie before you the names, [Page] surnames, and the beste and vttermoste substaunce, and values of euery of them, aswell of landes, tenementes, & other hereditaments, possessions, and profites, as of goodes, cattels, debtes, & other things, chargeable by the said acte, without any conceilement, loue, fauour, affection, dread, feare, or malice, as nere as God wyll geue me grace, so helpe me God, & the holy contentes of this booke. And euery other person that shal appeare there by y e same precepts, from time to time, shal make like oth, and vpon the oth so taken as is aforesayde, by the inhabitantes and officers of euery Hundredes, Warde, Wapentake, Towne, or other place, the said Cōmissioners shal openly there reade or cause to be read vnto them the saide rates, & openly declare theffect of their charge vnto them, in what maner & fourme they ought and should make their certificate, accordyng to the rates & summes therof abouesayd. And of al maner of persons, aswell of aliens & straungers, denizens or not denizens, inhabiting within this Realme, as of such persons as be borne vnder y e Queenes obeysance, chargeable to this acte. And of the possessions, goodes, and cattelles of Fraternities, Guyldes, Corporations, Brotherheades, Mysteries, & Comminalties, and other as is abouesayde. And of persons being in the parties of beyond the seas, hauyng goodes or cattelles, landes, or Tenementes within this Realme, as is aforesaid. And of al goodes, being in the custody of any person or persons, to the vse of any other, as is abouesayde, by the which information and shewyng, the said persons should haue such plaine knowledge of the true intent of this present acte, and of the maner of their certificate, that the same persons shal haue no reasonable cause to excuse them by ignoraunce, & after such othe, and the statute of the sayde subsidie, and the maner of the sayde certificate to be made in writing, conteyning the names & surnames of euery person, and whether he be borne without the queenes obeysaunce, or within, & the best value of euery person, in euery degree, as well of yerely value of landes, & tenementes, & of such lyke possession and profites, as y e value of goodes, & cattels, debtes, and euery thing to their certificat requisite & necessarie to them declared, the said commissioners there being, shal by their discretions appoint & limit vnto the saide persons, another day & place to appeare before the said commissioners, & charging the said persons, that they in the meane tyme shal make diligent inquirie by al wayes and meanes of the premisses and then & there, euery of them, vppon paine of forfeyture of .xl.s. to the queenes Maiestie, to appeare at the saide newe prefixed day and place, there to certifie vnto the said Cōmissioners in wryting, accordyng to their said charge, and accordyng to the true intent of the said graunt of subsidie, & as to them in maner aforesaide, hath ben declared and shewed by the Commissioners, at which day and place so to [Page] them prefixed, if any of the sayd persons make dafault or appeare and refuse to make the sayde certificate, that then euery of them so offending, to forfayt to y e Queenes Maiestie .xl.s. except only a reasonable excuse of his default, by reasō of sicknes, or otherwyse by the othes of two credible persons, there witnessed be had. And of such as appeare redy to make certificate as is aforesayde, the sayde Commissioners ther beyng, shall take and receaue the same certificate, & euery part therof, and the names, values, and substaunce of euery person so certified, and yf the same Commissioners see cause reasonable, they shall examine the sayde presenters thereof. And thervpon the sayde Commissioners, at the sayde dayes and place by their agreement amongst them selues, shall from tyme to tyme, openly there prefixe a day, at a certayne place or places, within the limites of their commission, by their discretion, for their further proceeding to the sayde assessing of the same subsidie, and thervpon at the sayd day of the said certificate, as is aforesayde taken, the same Commissioners shall make their precept or precepted to the Constables, Subconstable, Baylyffes, or other officers of such Hundredes, Wapentakes, Townes, or other places aforesayde, as the same Commissioners shalbe of, comprising and conteyning in the same precept, the names, and surnames of all persons presented before them in the sayd certificate, of whom if the said Commissioners, or as many of them, as shalbe therevnto appoynted by the Queenes commission, shall then haue vehement suspect to be of more greater value or substaunce in landes, goodes, cattelles, or summes of money owing to them, or other substaunce beforesayde, then vpon such person or persons shalbe certified, the same Commissioners shall make their precept or preceptes, directed to the Constable, Baylyffes, or other officers, commaundyng the same Constable, Bailiffes, or other officers, to whom suche precept shalbe directed to warne suche persons whose names shalbe comprised in the sayd precept, at their mansions, or to their persons, that the same persons named in suche preceptes, and euery of them, shal personally appeare before the said Commissioners, at the same newe prefixed day & place there to be examined by all wayes and meanes, (other then by corporall othe) by the sayde Commissioners, of their greatest substaunce, and best value, and of all & euery summes of money owyng to them, and other whatsoeuer matter concernyng the premisses, or any of them accordyng to this acte, at which day and place so prefixed, the sayde Commissioners, then and there beyng, or as many of them as shalbe thervnto appoynted, by the Queenes commission, shall cause to be called the sayde persons, whose names shalbe comprised in the sayde precept, as is beforesayde, for their examination. And yf any [Page] of those persons whiche shoulde be warned, as is beforesayde, to be examined, which at any tyme after the warnyng, and before the prefixed day, shalbe within suche place, where he may haue knowledge of his sayde appearaunce to be made, make default, and appeare not, vnlesse a reasonable cause, or els a reasonable excuse by the othes of two credible persons, before the sayde Commissioners, be truely alleged for his discharge, that then euery of them, so makyng default, to be taxed and charged to the Queenes Maiestie, with and at the double summes of the rate that he should or ought to haue ben set at, for and after the best value of his land or substaunce, vpon hym certified, yf he had appeared by the discretion of the Commissioners there beyng, whiche Commissioners shall trauell with euery of the other persons, so then and there appearing, whose names shalbe expressed in the saide precept or preceptes, and in whom any vehement suspect was or shalbe had in fourme abouesayde, by all such wayes and meanes they can, other then by corporall othe, for their better knowledge of theyr best value, eyther in hereditamentes or possessions, eyther els in goodes or debts. And that euery spirituall person, at eyther of the sayde taxations, of the sayde subsidie, shalbe rated and set accordyng to the rate abouesayde, of, and for euery pounde that the same spirituall person, or any other to his vse, hath by discent, bargayne, or purchase, in fee simple, fee tayle, terme of lyfe, terme of yeres, by execution, by warde or by copie of court roll, in any manours, landes, tenementes, rentes, seruices, offices, fees, corrodies, annuities, or hereditamentes, after the true iust and yerely value thereof, after and accordyng as other the Queenes Maiesties subiectes borne within this Realme, be charged in fourme aboue remembred, so that it extende to the yerely value of .xx.s. or aboue. And if any person certified or rated by vertue of this acte, be he Commissioner, or other, to any maner of value, doth fynde hym selfe greeued with the same presentment, sessing, of taxyng, and therevppon complayne to the Commissioners, before whom he shalbe rated, sessed, or taxed, or before two of them: That then the sayde Commissioners, shall by all wayes and meanes, examine perticulerly and distinctly the person so complayning, and other his neighbours by their discretion, of euerye his landes, and tenementes aboue specified, and of euery his goodes, cattelles, and debtes aboue mentioned, and after due examination and perfit knowledge thereof, had and perceaued by the sayde Commissioners, whiche shall haue power by the aucthoritie aforsayde: the sayd Commissioners, or two of them, to whom any suche complaynt shalbe made, by their discretions, vppon the othe of the sayde person so complaynyng, [Page] may abate, defaulke, encrease, or enlarge the same assessement, accordyng as it shall appeare vnto them iust, vpon the same examination. And the same summe, so abated, defaulked, encreased, or enlarged, to be estreated in fourme as hereafter ensueth. So that he come before the estreates of the same assessing, be deliuered by the same Commissioners into the Queenes Maiesties Exchequere. And if it be proued by witnes, his owne confession, or other lawfull wayes or meanes, within a yere after any suche othe made, that the same person so taxed & sworne was of any better or greater value in landes, goodes, or other thinges aboue specified, at the tyme of his sayde othe, then the same person so sworne dyd declare vpon his sayd othe. That then euery such person so offendyng shall lose and forfayte to the Queenes maiestie so muche in in lawfull money of Englande, as the same person so sworne was set at or taxed to pay, and all persons, set, rated, and taxed as is abouesayd, shalbe bound and charged by the same, & the summe or summes vpon hym set, to be due towardes the payment of the sayde subsidie, and to be leuied as hereafter shalbe secified.
AND also it is enacted by the same aucthoritie, that euery person to be rated at the sayde taxation, as is aforesayde, shalbe rated, taxed, and set, and the summe on hym set, to be leuied at suche place where he and his family, at the tyme of the same presentment to be made, shal kepe his house or dwelling, or where he then shalbe most conuersaunt, abyding, or restaunt, or shal haue his most resort, & shalbe best knowen at the tyme of the sayde certificate to be made, and no where els, and that no Commissioner for this subsidie, shalbe rated or taxed for his goodes, or landes, but in the Shyre and other place where he shalbe Commissioner, and that if anye person chargeable to this acte, at the tyme of the same assessing, happen to be out of this Realme, and out of Wales, or farre form the place where he shalbe knowen, then he to be set where he was laste abydyng in this Realme, or within Wales, and best knowen, and after the substaunce and value, and other profites of euerye person, knowen by the examination, certificate, and other maner of wyse as is aforesayde. The sayde Commissioners or as manye of them as shalbe appoynted by the Queenes Maiesties Commission, shall after the rate aforesayde, set, and taxe euery person accordyng to the rate of the substaunce and value of his landes, goodes, and other profites, whereby the greatest and moste best summe accordyng to his moste substaunce, by reason of this acte, myght or maye be set or taxed.
Prouided alwayes that euerye suche person, whiche shalbe set or taxed for payment of and to this subsidie, for and after the yerely value of his landes, tenementes, and other reall possessions or profites, at any of the sayde taxation, shall not be set and taxed, for his goodes and [Page] cattels, or other moueable substaunce at the same taxations. And that he that shall be charged or taxed for the same Subsidye, for hys goodes, cattels, and other moueables, at anye if the sayd taxations, shall not be charged, taxed or chargeable for hys landes, or other reall possessions, and profites abouesayd, at the same taxations, nor that anye person be double charged for the sayde Subsidye, neither set or taxed at seuerall places by reason of this acte: any thing conteyned in this present acte, notwithstanding.
AND that it be ordeyned by the sayde aucthoritie of this present Parliamente, that no person hauyng two mansions, or two places to resorte vnto, or calling hym selfe housholde seruaunte, or wayghtyng seruaunte to the Queenes Maiestie, or other Lorde or Layde, Maister or Maistres, be excused vpon his saying, from the taxes of the sayde subsidie, in neyther of the places where he may be set: vnlesse he bryng a certificate in wrytyng from the Commissioners, where that he is so set in dede at one place. And if any person that ought to be set by reason of his remouyng or resorting to two places, or by reason of his saying that he els where was taxed, or by reason of anye priuiledge by his dwellyng or abydyng in anye place, not beyng forprised in this acte, or otherwyse by his couin or crafte, happen to escape from the sayde taxations, and be not set, and that proued by presentment, examination, or information, before the sayde Commissioners, or as manye of them, as shalbe by the same commission appoynted, or by the Barons of the Queenes Maiesties Exchequer, or two Iustices of the peace, of the Countie where such person dwelleth, then euerye such person, that by such meanes or otherwyse willingly by couin shal happen to escape from the sayde taxation or payment aforesayde, and not to be rated, taxed, and set, shalbe charged vpon the knowledge and proofe thereof, with and at the double value, that he shoulde or ought to haue ben set at afore, accordyng to his bahauiour. The same double value to be leuyed, gathered, and payd of his goodes and cattels, landes, and tenementes, towardes the sayde subsidie. And further to be punished accordyng to the discretions of the Barons, Iustices, and Commissioners, before whom he shalbe conuicted for his offence and deceipte in that behalfe.
AND further be it enacted by the aucthoritie aforesayde, that the sayde Commissioners or euerye commission shall accordyng to their diuisions, and after they be deuided, haue full power and aucthoritie by this acte, to set, taxe, and sesse euerye other Commissioner, ioyned with them in euerye suche commission and diuision. And shall also assesse euery assessour, within their diuision, for his and their goodes, landes, and other the premisses, as is [Page] abouseayde. By the which sayde Commission, the said Commissioners shall indifferentlye set, taxe, and assesse them selues, and the sayde assessours. And that aswell the summes vpon euery of the sayde Commissioners and assessours so sessed, rated and taxed, as the summes made and presented by the presenters, sworne as is abouesayde, shalbe wrytten, certified, set, and estreated, and the estreates thereof to be made, with other the inhabitauntes of that parties, within the limits of the same commission, and diuision, so to be gathered and leuyed, in lyke maner as it ought or shoulde haue ben, if the sayde Commissioner had not ben in the sayde commission. And that all persons of the estate of a Baron or Barons, and euerye estate aboue, shalbe charged with their free holde and value as is abouesayde, by the Chauncellour, or keper of the greate Seale, Treasurer of Englande, Lorde President of the Queenes Maiesties priuie counsell, & Lord priuie Seale for the tyme being, or other persons by the Queenes Maiesties aucthoritie to be limited, & they to be charged for the saide seuerall paymentes of the sayd subsidie, after the fourme of the sayd graunt, accordyng to the taxation aforesaid, and the summes vppon them set, with the names of the Colloctours appoynted for the gathering & paying of the same, to be estreated, delyuered, and certified at dayes and places aboue specified, by the Lorde Chauncellour or keper of the great Seale, Treasurer, Lord president of the counsell, & Lord priuie Seale for the tyme beyng, or suche other persons as shalbe limited by the Queenes Maiestie. And after the taxes and assesses of the said summes vpon and the said assessing and certificate as is aforesayde made, the sayde Commissioners, or as many of them as shalbe thereunto appoynted by the Queenes Maiesties commission, shal with all spede and without delay, by the writing estreated of the sayde taxe thereof, vnder the seales and signes manuel of the said Commissioners, or as may of them as shalbe appoynted at the leaste to be made, shalbe delyuered vnto sufficient and substantiall inhabitauntes, Constables, Subconstables, Bayliffes and other officers, ioyntly of Hundredes, Townes, Parishes, and other places aforesayd, within their limites, or to other sufficient persons inhabitauntes of the same only, by the discretion of the sayde Commissioners, and as the place and parties shall require, aswell the perticuler names & surnames, as the remembraunce of all summes of money, taxed and set, of, and vpon euery person, aswell man as woman, chargeable to this act, housholder, and all other inhabitauntes and dwellers within the sayde Parishes, Townes, and places contributorie to this acte of subsidie. By aucthorite of which wrytyng or estreat so delyuered, the said officers and other persons so named and deputed seuerallye, shall haue full power and aucthoritie by vertue of this acte, immediatly after the deliuery of the sayde writing or estreat, to demaund, leuy, and gather of [Page] euery person therein specified, the summe or summes in the same wryting or estreate comprised. And for none payment thereof, to distrayne the same person or persons so beyng behynde by their goodes and cattels, and the distresse so taken, to kepe by the space of .viii. dayes, at the costes and charges of the owner thereof. And if the saide owner do not pay such summe of money as shalbe taxed by this act, within the same viii. dayes, then the same distresse to be appraysed by .iiii.iii. or .ii. of the inhabitauntes where such distresse is taken, and also to be solde by the saide Constable or other Collectour for the payment of the said money, and the ouerplus commyng of the sale and kepyng therof (if any be) to be immediatly restored to the owner of the same distresse, whiche sayde officers and other persons, so deputed to aske, take, gather, and leuye the sayd summes, shall aunswere and be charged for the portion only to them assigned or limited to be gathered, leuied, and comprysed in the sayde wrytyng or estreate so to them (as is aforesayde) delyuered, to the vse of our soueraigne Lady the Queenes maiestie, her heires, & successours. And the sayd summe in that wryting or estreat comprised to pay vnto the high Collectour or Collectours of that place for the collection of the same, in maner & fourme vnder written, therunto to be named & deputed, & the same inhabitauntes & officers so gathering y e same perticuler summes for their collectiō therof, shall reteine for euery .xx.s. so by them receaued and payd .ii.d. & that to be alowed at the payment of their collection by thē to be made to the high collectour or collectours.
AND further be it enacted by the sayde aucthoritie, that the sayde Commissioners, or the more part of them as shall take vpon them the execution and busynesse of the sayde commission, shall for eyther of the same paymentes of the said subsidie, name such sufficient and albe persons which then shall haue and possede landes & other hereditaments, in their owne ryght, of the yerely value of .xx.li. or goodes to the value of .CC. markes at the leaste. And the persons seuerallye be the discretions of the same Commissioners in Shires, Ridings, Lathes, Wapentakes, Rapes, Cities, Townes corporat, & other whatsoeuer places, aswel within places priuiledged as without, not beyng foreprised within this act to be hygh Collectours, and haue the collection & receipt of the sayd summes, set and leuiable within the precinct, limit, & bondes, where they shalbe so limited to gather, & receaue, to euery of the which Collectours so seuerally named, the said Commissioners, or .ii. of them at least, shal with all spede, & without delay, after the said whole sūme of the sayd subsidie, be set by all the limites of the same their cōmission or in such limites as the hygh Collectours shalbe so seuerally assigned, shal vnder their seales and signes manuel, deliuer one estreat indented in parchment to euery of the sayde high Collectours, comprysing in it the names of al such persons as were assigned to leuie the said perticuler [Page] summes, & the summes of euery Hundred, Wapentake, Towne, or other place aforesayd, with the names and surnames of the persons so chargeable, according to the estreat so first therof, made as is aforesaid, and deliuered, and the Collectour so to be assigned, shalbe charged to aunswere the whole summe comprised in the sayde estreate limited to his collection, as is aforesayde.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that the sayd Commissioners hauing aucthoritie by this acte to name and nominate the said hygh Collectours, of the sayde subsidie, shal immediately vppon the nomination & election, take by aucthoritie of this present parliament, sufficient recognisaunces, or obligations, without any fee, or reward to be paid therfore of euerye person so by them to be named to be hygh Collectour, to be bounden to the Queenes maiestie in the double summe of the summe of his collection, & to be endorsed and made vppon suche condition: that is to say, for the collection of the said first paiment of y e said subsidy, that if the said Collectour his heires or executors, do truely content & pay, to thuse of the Queenes maiestie, her heyres or executors, in the receipt of the said Exchequer, before the said .xxiiii. day of Iune next comming, so muche of the sayd summe of mony allotted & appointed to his collection, as he shal collect & gather, and content and pay the residue of his collection & charge, within one moneth nexte after suche tyme as he hath gathered and collected the same residue, that then the said recognisaunce or obligation to be voyde, or els to stand in full strength and vertue. And for the collection of the second payment of the sayde subsidie, vppon condition that if the sayde Collectour, his heyres or executours, do truely content and pay, to the vse of the Queenes maiestie, her heyres or executours, in her receipt of the Exchequer, before the first day of March, whiche shalbe in the yere of our Lord God .M.D.lix. so much of the said summe of money allotted and appoynted to his collection, as he shall collect and gather, and content and pay the residue of his collection and charge, within one moneth next after suche time as he hath gathered & collected the same residue, that then the sayde recognisaunce or obligation to be voyde, or els to stande in full strength and vertue, whiche said seuerall recognisaunces or obligations so taken, the said Commissioners shall seuerally certifie, and deliuer into the Queenes maiesties Exchequer, with the seuerall certificates of the sayde taxations and rates of the paymentes of the sayde subsidie, at and by the time to them prescribed and appoynted by this acte for the certificate of the said seuerall taxations of the said subsidy, vpon paine of forfeiture of .x.li. to the Queenes maiestie, for euerye recognisaunce or obligation not certified. And that euery suche Collectour so elected, named, and chosen, vppon request to hym made, shall knowledge and make the sayde recognisaunce or [Page] obligation, vppon lyke payne and forfayture of .x.li. to the Queenes Maiestie, for the refusall thereof, and euery Collectour so deputed, hauyng the sayde estreate in parchement, as is aforesayde, shall haue aucthorite by this acte, to appoynt dayes and places within the circuite of his collection, for the payment of the sayde subsidie to him to be made, and therof to geue warnyng, by proclamation or otherwyse, to all the Constables, or other persons or inhabitauntes, hauyng the charge of the perticuler collection, within the Hundredes, Parishes, Townes, or other places, by him or them limited, to make payment for their said perticuler collectiō of euery summe as to them shal apparteyne. And if at the said day and place so limited and prefixed by the said Collectour, the sayde Constable, Officers, or other persons or inhabitauntes, as is aforesayde, for the sayd perticuler collection assigned and appoynted within such Hundred, Citie, Towne, or other places, do not paye vnto the sayde Collectours, the summe within their seuerall Hundredes, Townes, Parishes, and other places, due and comprised in the sayde estreate thereof to them delyuered by the sayd Commissioners, or some of them as is aforesayd, or so much thereof as they haue by any meane receaued .ii.d. of euery pound for the sayde perticuler collection as is aforesayde, alwayes to be thereof alowed, excepted, & abated: that then it shalbe lawfull to the sayde hygh Collectours and euerye of them, and to their assignes, to distrayne euery of the saide Constables, Officers, and other inhabitauntes for their saide seuerall and perticuler collection of the sayde summes comprised in the sayde estreate, and wryting thereof, to them and euerye of them, as is before expressed, delyuered, or forasmuch of the same summe as so then shall happen to be gathered & leuyed, and behynd and vnpayde by the goodes and cattels of euery of them so beyng behynde. And the distresse so taken, to be kept, appraysed and solde as is aforesaid, and thereof to take and leuye the summes so then beyng behind and vnpayd. And the ouerplus comming of the sale of the sayde distresse (if anye be) to be restored and deliuered vnto the owner, in fourme aboue remembred.
Prouided alwayes, that no person inhabiting in anye Citie, Borough, or Towne corporate, shalbe compelled to be an assessour or Collectour, of, or for anye parte of the sayde subsidie, in anye place or places out of the sayde Citie, Borough, or Towne corporate where he dwelleth.
AND it is also by the sayde aucthoritie enacted, that if any inhabitaunt or officer, or whatsoeuer person or persons, charged to and for the collection or receipt of any part of portion of the sayde subsidie, by any maner of meanes, accordyng to this acte, or any person or persons for them selues, or as keper, gardian, deputie, factour, or atturney, of or for any other person or persons, of any goods and cattels of the owner [Page] thereof at the tyme of the sayde assessing to be made, beyng out of this Realme, or in anye other parties not knowen, or of, and for the goodes and cattels, of any other person or persons, of any corporation, fraternitie, mysterie, or other whatsoeuer comminaltie, beyng incorporate or not incorporate, and all persons hauyng in their rule, gouernaunce and custodie, anye goodes, or cattels, at the tyme of the sayde assessyng, or any of them to be made, or which for any cause, for and by collection, or for him selfe, or for any other, or by reason that he hath the rule, gouernaunce, or custodie of anye goodes or cattels, of anye other person or persons, corporation, comminaltie, fraternite, guilde, or mysterie, or anye suche other lyke, or as factour, deputie, or atturney, of or for any person, shalbe taxed, rated, valued, and set to any summe or summes by reason of this acte, and after the taxation or assessing vpon anye suche person or persons as shalbe charged with the receipt of the same, happen to dye, or departe from the place where he was so taxed and set, or his goodes or cattels be so eloyned, or in suche priuie and couert maner kepte, as the sayde person or persons, charged with the same, by estreates, or other wrytinges, from the sayd Commissioners, or as many of them as shalbe thereunto appoynted by the sayde commission, as is aforesayde, can ne may leuie the same summe or summes comprysed within the same estreates, by distresse, within the limites of their collection, as is aforesayde, or can not sell such distresse or distresses, as be taken for any of the sayde paymentes, before the tyme limited to the hygh Collectour for his paymente to be made in the Queenes Maiesties receipt, then vpon relation thereof, with due examination, by the oth or examination of such person or persons, as shalbe charged with and for the receipte and collection of the same, before the sayde Commissioners, or as many of them as by the sayde commission shalbe thereunto appoynted, where such person or persons, or other as is aforesayde, their goodes and cattels, were set and taxed, and vppon playne certificate thereof made in the Queenes Maiesties Exchequer by the same Commissioners, aswell of the dwellyng place, names, and summes of the sayde persons, of whome the sayde summes can not be leuied and had as is aforesayde, then aswell the Constables and other inhabitauntes appoynted for the sayd perticuler collection, agaynst the hygh Collectours, as the hygh Collectour vppon his accompte and othe in the sayde Exchequer to be discharged thereof, and proces to be made for the Queenes maiestie, out of the said Exchequer, by the discretion of the Barons of the sayde Exchequer, agaynst suche person, his heires or executors, so being behind with his paiment. And ouer that the same commissioners to whom any such declaratiō of the premisses shalbe made in fourme aforesaid, from time to time shal haue [Page] full power and aucthoritie to direct their precept or preceptes vnto the sayde person or persons, charged with any summe, of for or vppon any suche person or persons, or other as is aforesayde, or to any Sheriffe, Stewarde, Bayliffe or other whatsoeuer officer, minister, person or persons, of suche place or places where any suche person or persons, so owing such summe or summes, shal haue lands, & tenements, or other hereditamentes, or reall possessions, goodes & cattels, wherby any such person or persons so indebted, his heires, executours, or assignes, or other hauing the custodie, gouernaunce, or disposition, of any goodes, cattels, landes, or tenementes, or other hereditamentes, which ought or may by this acte lawfully be distrayned, or taken for the same, hath as shal haue goodes, cattels, landes, tenementes, or other possessions, whereof such summe or summes, which by any such person or persons, may or ought to be leuyed, be it within the limites of suche Commission, where suche person or persons was and were taxed, or without in any place within this Realme of England, Wales, or other the Queenes Maiesties dominions, marches, or territories, by whiche precepte aswell suche person or persons as shalbe charged to leuye such money, as the officers of the place or places, where such distresse may be taken, shall haue full power and aucthoritie, to distrayne euery suche person, indebted, charged and chargeable by this acte, or his executours or administratours of his goodes and cattels, his gardians, factours, deputies, leasses, farmours, and assignes, and all other persons by whose handes, or out of whose landes, any such person should haue rent, see, annuitie, or other profite, or which at the tyme of the sayde assessinges, shal haue goodes, or cattels, or any other thyng moueable, of any such person or persons, beyng indebted, or owyng suche summe: and the distresse so taken, caused to be kept, appraysed and solde, in lyke maner and fourme as is aforesayde, for the distresse to be taken vppon suche persons, to be taxed to the sayde subsidie, and beyng sufficient to distrayne within the limites of the Collectours inhabitauntes, or other officers, charged, with or for the same summes, so vpon them to be taxed. And if any such distresse for non payment, happen to be taken out of the limit of the saide persons, charged and assigned to leuye the same, the persōs so charged for the leuy of any such summe by distresse, shal perceaue & take of the same distresse, for the labour of euery person, going for the execution thereof, for euery mile that any suche person so laboureth for the same .ii.d. And euery farmour, tenaunt, gardian, factour, or other whatsoeuer person, being distrayned or otherwise charged for payment of any suche summe or summes, or anye other summe, by reason of this acte, shalbe of such summe or summes, of him or them so leuied, and taken, discharged, & acquited at his next day of payment of the same, or at the deliuerie of such goods and cattels, as he that is so [Page] distrayned had in his custodie & gouernaunce, agaynst hym or them, that shalbe so taxed and set, any graunt or writing, obligatorie or other whatsoeuer matter to the contrarie made heretofore, notwithstanding. And if any such person, that should be so distrained haue no landes or tenementes, sufficient, whereby he or his tenauntes, and farmours, maye be distrayned, or hath eloyned, aliened, or hyd his goodes, and cattels, wherby he should or might be distrayned in such maner, that such goodes and cattels shall not be knowen or founde, so that the summe, of, or by hym to be payde in the sayde fourme shall ne can be conueniently leuyed. Then vppon relation thereof to the Commissioners, or to as many of them, as by the sayde commission shalbe therunto appoynted, where such person or persons was taxed and set, by the othes of hym or them, that shalbe charged with the leuie & payment of that summe or summes, the same Commissioners, shal make a precept in such maner as is aforesaid, for to attache, take and arrest the body of suche person or persons, that ought to pay the sayd summes, and by this act shalbe charged with, and for the sayde summe and summes, and them so taken, safely to kepe in prison, with in the shire, or other place, where any suche person or persons shalbe taken, and attached, there to remayne without bayle or maynprise, vntyl he hath payd the same summe or summes, that such person for him selfe or for any other by this act, shalbe chargeable or ought to be charged withall. And also for the fees of euery such arrest, to hym or them that shall execute such precept .xx.d. and that euery officer vnto whom such precept shalbe directed, do his true diligence, and execute the same, vpon euery person, so being indebted, vpon payne to forfait to the Queenes Maiesties, for euery default in that behalfe .xx.s. And that no keper of any gaole, frō his gaole suffer any such person to go at large, by letting to baile, or otherwise to depart out of his prison, before he haue payd his said debt, & the said .xx.d. for the saide arrest, vpon payne to forfayte to the Queenes Maiestie .xl.s. And the same Gaoler to pay vnto the Queenes Maiestie, the double value, aswell of the rate which the sayd person so imprisoned was taxed at, as of the sayde .xx.d. for the fees, and lyke processe, and remedie, in like fourme shalbe graunted by the sayde Commissioners, or as many of them, as by the sayde commission shalbe thereunto appoynted, at like information of euery person or persons, being charged with any summe of money, for any other person or persons, by reason of the sayde Subsidie, and not thereof payde, but wylfullye withdrawen, ne the same leuyable within the limites where suche persons were thereunto taxed. And yf the summe or summes, beyng behynde vnpayd, by anye person or persons, as is aforesayde, be [Page] leuied and gathered by force of the sayde proces, to be made the sayde Commissioners, or if in default or for lacke of payment thereof, the person or persons so owing the sayd summe or summes of money, by proces of the same Commissioners, to be made as is aforesayde, be committed to prison in fourme abouesayde, that then the sayd Commissioners whiche shall awarde suche proces, shall make certificate therof in the said Exchequer, of that shalbe done in y e premisses, in the terme next folowing after such summe or summes of mony, so beyng behynde shalbe leuied & gathered, or such person or persons for none paiment of the same committed to prison. And if it happen any of the said Collectours to be assigned, or any Maiors, Shiriffes, Steward, Constable, the headborrowe, housholder, Bayliffe, or any other officer, 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 sayde Commissioners, for execution of the sayde commission, or if any of the officers or other persons, do refuse that to them shall apparteyne and belong to do, by reason of any precept to hym or them to be directed, or any reasonable commaundement, instaunce or request, touching the premisses, or other default in any appearaunce or collection to make, or if any person beyng suspect, or not to be indifferently taxed, as is aforesayde, do refuse to be examined accordyng to the tenor of this acte, before the sayde Commissioners, or as many of them, as shalbe there vnto assigned, as is aforesayd, or wyll not appeare before the same Commissioners, vpon warnyng to him made, or els make resistaunce or rescous, vppon any distresse vpon hym to be taken, for any parcell of the sayde subsidie, or commit any misbehauiour in any maner of wyse, contrarye to this acte, or commit any wylfull omission, or other whatsoeuer wylfull, not doyng or misdoyng, contrary to the tenor of this acte or graunt, the same commissioners, and euery number of them, aboue remembred, or two of them at the least, vpō probable knowledge of any such misdemeanors, had by information or examination, shall & may set vpō euery such offendour for euery such offence, in name of a fine, by the same offendour to be forfayted .xl.s. or vnder, by the discretion of the same Commissioners. And further the same Commissioners, and euery number of them, or two of them at the least, shall haue aucthoritie by this present act, to punish euery such offendour, by imprisonment, there to remayne & to be deliuered by their discretion, as shall seme to them conuenient, the saide fines, if any such be, to be certified by the said commissioners that so assessed the same, into the Queenes Maiesties said Exchequer, there to be leuied and payd by the Collectours of that parties for the sayde Subsidie, returned into the sayde [Page] Exchequer, to be therewith charged with the payment of the sayde subsidie, in such maner as yf the sayd fynes had ben set and taxed vppon the sayde offendours of the sayde subsidie.
It is also enacted by the sayde aucthoritie of this Parliament, that euery of the sayde hygh collectours, which shall accompt for any part of the sayde subsidie, in the sayde Exchequer, vpon theyr seuerall sayd accomptes to be yeelded, shalbe alowed at euery of the sayd paymentes of the said subsidie, for euery pounde limited to his collection whereof any such collectour shalbe charged and yeelde accompt, sixe pence; as parcel of their charge: that is to say, of euery pound therof, for suche person as then haue had the particuler collection in the townes & other places, as is aforesaid, specified in his collection two pence, and other two pence of euery pounde thereof, euery of the sayd cheefe, collectours, or theyr accomptauntes, to retayne to theyr owne vse for theyr labour and charge in and about the premisses, and two pence of euery pounde residue, to be deliuered, allowed, and payde by the sayd collectours so beyng thereof alowed, to suche of the commissioners as shal take vpon them the busines and labour, for, and about the premisses, that is to say, euery collectour to pay that commissioner or commissioners, which had the ordering of the wrytynges, of, and for the said subsidie where the sayd collectour or collectours had their collection, for expences of the sayde commissioners, so takyng vppon them the sayde busines, and labour of their clarkes writing the sayd preceptes and estreates of the sayde collections, the same laste two pence of euery pounde to be diuided amongst the sayde commissioners, hauyng regarde to theyr labour and busines taken by them or their said clarkes in and about the premisses, for the which part so to the sayd commissioners attaynyng, the sayd commissioners .vi.v.iiii. iii. or as many of them as shalbe therunto appointed by the Queenes maiesties commission, and euery of them ioyntly and seuerally for his and theyr said part, may haue his remidie agaynst the sayd collectour or collectours, which there of ben, and might haue ben alowed, by action of debt, in which the defendaunt shal not wage his law, neyther protection, neither iniunction, or other essoigne shalbe alowed. And that no person now being of the number of the company of this present parliament, nor any commissioner, shalbe named or assigned to be any collector, or subcollector, or presentor of the sayd subsidie, or of any part therof, nor no commissioners shalbe compelled to make any presentment or certificate, other then in the Queenes maiesties sayd Exchequer, of, for or concernyng the sayd subsidie, or any part thereof. And likewise that none other person that shalbe named or assigned to be commissioners in any place, to and for the execution of this acte of subsidie, be, or shalbe assigned, or named head collectours of [Page] any of the paimentes of the saide subsidie, neither of any part therof. And that euery such person and persons which shalbe named and appoynted as is aforesayd, to be head collectours, in and for the first payment of this subsidie, shal not be compelled to be collectour for the seconde payment of the saide subsidie, or for anye part thereof. And the sayd collectours which shalbe assigned for the collection of the sayde subsidie, or for anye part thereof, and euery of them, be and shalbe acquited and discharged of all maner fees, rewardes, and of euery other charges in the Queenes Maiesties Exchequer, or els where, of them or any of them, by reason of that collection, payment, or accomptes, or any thing concerning the same to be asked. And that if any persons receaue and take any fees, rewardes, or pleasures of any suche accomptant: That then he shal forfait to the Queenes Maiestie, for euery peny value of peny so taken, fiue shillinges, & suffer imprisonment at the Queenes maiesties pleasure. And after the taxing and assessing of the said subsidies, as is aforesaid, had or made, and the saide estreates therof in parchment vnto the collectour, in maner and fourme before rehearsed, deliuered, the sayde commissioners whiche shall take vpon them thexecution of this acte, within the limites of their commission by theyr agreementes, shal haue meeting together, at which meeting euery of the saide commissioners which then shall haue taken vppon them thexecution of any part of the said commission, shal by him selfe or by his sufficient deputie, truely certifie & bryng forth vnto the said commissioners named in the said commission, the certificate and presentment made before hym, and such other commissioners as were limited with him in one limite, so that the same certificate may be accompted and cast with the other certificates of the other limites within the same commission. And then the sayde commissioners and euery number of them, vnto two at the least, as is aforesayde, if anye be in life, or their executors or administrators of their goodes, if they then he dead, shall iontly and seuerally as they were diuided within their limites, vnder their seales by theyr discretion, make one or seuerall writinges indented, conteyning in it aswel the names of the said collectours by the commissioners, for such collection and accompt in the Exchequer, and payment in the said receipt, deputed & assigned, as the grosse and seuerall summes written vnto euery such collectour, to receaue the saide subsidie. And also all fines, amerciaments, & other forfaitures, if any such by reason of this act, happen to be within the precinct and limite of theyr commission, to be certified into the Queenes maiesties said Exchequer by the said commissioners, in whiche wryting or writings indented so to be certified, shalbe playnely declared & expressed, the whole & entire summe or summes of the said subsidie seuerally limited to the collection of the said collectours, seuerally deputed [Page] and assigned to the collection of the sayde summes. So that none of the said collectours so certified in the saide Exchequer, shalbe compelled there to accompt or to be charged, but only to & for the summe limited to his collection, and not to or for anye summe limited to the collection of his felowe, but that euerye of them shalbe seuerally charged for theyr parte, limited to theyr collection. And yf the sayde commissioners ioyned in one commission amongst them selues, in that matter can not agree, or yf any of them be not redy, or refuse to make certificate with other of the same commissioners, that then the same commissioners, may make seuerall indentures in fourme aforesaid, of theyr seueral limites or separations of collectours, within the limites of theyr commission, vppon, and in the Hundredes, Wardes, Wapentakes, Lathes, Rapes, or suche other like diuisions within theyr sayde seuerall limites of theyr commission, as the places there shall require to be seuered and diuided, and as to the same commissioners shall seeme good, to make diuisions of theyr limites or collections, for the seuerall charges of the same collectours. So that alway one collectour, shalbe charged and accompt for his part to hym to be limited onlye by him selfe, and not for any summe limited to the parte of any of his felowes, and the charges of euerye of the collectours, to be set and certified seuerally vpon them, and euery suche collectour vpon his accompt and payment of the summe of moneye limited within his collection, to be seuerallye by him selfe acquited and discharged in the sayde Exchequer, without payyng anye maner fees or rewardes to anye person or persons for the same, vpon the payne & penaltie last abouesayde, and not to be charged for anye portion of anye other collectour. And yf anye commissioner after he hath taken certificate of them, that, as is aforesayde, shall before any such commissioner be examined, and the summes rated and set, and the bookes and wrytynges thereof beyng in his handes, or yf anye collectour or other person charged with anye receipt of any part of the sayde subsidie, or any other person, taxed or otherwyse by this acte charged, with and for any parcell of the sayde subsidie, or with anye other summe or fine, amerciament, penaltie, or other forfayture, happen to dye before the commissioner, collectour, or other whatsoeuer person or persons, haue executed, accomplyshed, satisfied, or sufficiently discharged, that which to euery such person shall apparteyne or belong to do, according to this acte; then the executours, and heyres of euery suche person, and all other seased of any landes, or tenementes, that any suche person beyng charged by this acte, and disceaslyng before he be discharged thereof, or any other to his vse onely had of estate of inheritaunce, at the tyme that anye suche person was named commissioner, collectour, or otherwyse charged with and for any maner of thyng to be done, satisfied, [Page] or payde by reason of this acte, and all those that haue in theyr possessions or handes, any goodes, or cattels, leasses, or other thinges that were to any such person or persons, at the tyme of his death, or any landes or tenementes, that were the same persons, at the tyme he was (as is aforesayd) charged by this act, shalbe by the same compelled and charged to do and accomplyshe, to do in euery case as the same person so beyng charged, shoulde haue done and myght haue ben compelled to do, yf he had ben in playne lyfe, after such rate of the landes and goodes of the said commissioner, or collectour as the partie shall haue in his hand. And yf the sayde commissioners for causes reasonable then mouing, shall thynke it not conuenient to ioyne in one certificate, as is aforesaid, thē the said person or persons that shall first ioyne together, or he that shall first certifie the saide writing, indented as is aforesayde, shall certifie all the names of the commissioners of that commission, wherupon suche wrytynges shalbe there, then to be certified, with diuision of the Hundredes, Wapentakes, Wardes, tythynges, or other places, to and among suche commissioners, of the same commission, with the names of the same commissiners, where suche separations and diuision shalbe, with the grosse summes of money, aswell of and for the sayd subsidie, taxed, or set, of, or within the sayd Hundredes, Wardes, Wapentakes, or other places to him or them diuided or assigned, that shall so certifie the sayde firste writing, as of fines, amerciaments, penalties, or other forfaitures, if any happen to be within the same limites, whereof the same wrytynges shalbe certified, and after such wrytyng indented, whiche as is aforesayde, shalbe certified, and not conteyne in it the whole and full summes, set and taxed within the limites of the same commission, the other commissioners of the same, before the day of payment of the sayd subsidie, shall certifie into the sayde Exchequer, by theyr wrytyng or wrytynges, indented to be made as is aforesaid, the grosse and seuerall summes, set and taxed within the places to them limited for the sayde subsidie, and other fines, amerciamentes, penalties, and forfaytures, with the names of the Hundredes, Wardes, Wapentakes, and other places to them assigned, or els by theyr said wrytinges indented, to certifie at the sayde place, before the sayde day of payment, suche reasonable causes for theyr excuses, why they may not make such certificate, of, and for the sayde subsidie, fines, amerciamentes, and other forfaytures, growying or set by reason of the causes of theyr lettes, or of theyr none certifiyng as is abouesayde, or els in default thereof, proces to be made out of the Queenes Maiesties sayd Exchequer, agaynst the sayde commissioners, and euery of them, not makying certificate as is aforesayde, by the discretion of the Treasurer, or Barons of the sayde Exchequer.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, [Page] that the inhabitauntes of the parishe of saint Martin, called Stampforde Baron, in the Suburbes of the Borough, and Towne of Stampforde, in the South part of the water, there called Welland, which hereafter shalbe contributory to the payment of this present subsidie, graunted to the Queenes Maiestie, her heires, and successours, shalbe assessed, rated, and taxed for this tyme, by suche commissioners, whiche shalbe appoynted for the taxyng, ratyng, and sessing of suche subsidie, or taxe within the Countie of Lyncolne, and shalbe for this tyme contributory, and pay the sayde subsidie, to the collectour or collectours, whiche shalbe assigned and appoynted for the leuying and gatheryng of the same, with the Aldermen and Burgesses of the sayde Borough and Towne of Stampforde.
Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that all and euerye person and persons, hauyng manours, landes, tenementes, and other hereditamentes, chargeable to the payment of the subsidie, graunted to the Queenes Maiestie, by this acte, and also hauing spirituall possessions, chargeable to her sayde Maiestie, by the graunt made by the Cleargie of this realme, in their conuocation: And ouer this hauyng substaunce in goodes and cattels chargeable by this sayd act, that then if any of the saide person or persons, be hereafter charged, assessed, and taxed for the said manours, landes, and tenementes, and spirituall possessions, and also assessed, charged, and taxed, for his or their goodes and cattelles, that then he or they shalbe onely charged by vertue of this acte, for his and theyr sayde manours, landes, tenementes, hereditamentes, and spirituall possessions, or onely for his sayde goodes and cattels, the best therof to be taken for the Queenes Maiestie, & not to be charged for both, or double charged for any of them: any thyng in this act conteyned to the contrary in any wyse, notwithstandyng.
Prouided alwayes, that this graunt of subsidie, nor anye thyng therein conteyned, in anye wyse extende to charge the inhabitauntes or dwellers in Irelande, Iernesey, and Garnesey, or any of them, of, or concerning any manours, landes, tenements, or other possessions, goodes, cattels, or other moueable substaunce, which the said inhabitauntes or dwellers, or any other to their vse, haue within Ireland, Iernsey, & Garnsey, or in any of them, or of, for or concerning any fees or wages, which any of the said inhabitaunts or dwellers, haue of y e Queenes Maiestie for their attendaunce & doing seruice to our soueraigne Lady, in Ireland, Iernesey, & Garnesey, or in any of them: any thing in this present act, to y e contrary in any wise, notwithstanding.
Prouided also, that this presente acte of subsidie ne anye thing therein conteyned, extende to any of the Englyshe inhabitauntes or resiauntes in anye of the Counties of Northumberlande, Cumberland, Westmerland, the Towne of Barwicke, the Towne of [Page] Newcastell vpon Tine, and the Byshoprike of Durham, nor to any of them, of, for, or concernyng any manours, landes, tenementes, or other possessions, goodes, cattelles, or other moueable substaunce which the same inhabitauntes or dwellers, or any other to theyr vse, haue within the sayde Counties of Northumberland, Cumberland, Westmerlande, or the Towne of Barwicke, the Towne of Newcastel vpon Tine, or the Byshoprike of Durham, or any of them, or of, for or concernyng any fees or wages whiche anye of the sayde inhabitauntes or dwellers, haue of the Queenes Maiestie, for theyr attendaunce and doyng seruice to the Queenes Maiestie, for, or within the sayd Counties of Northumberland, Cumberland, Westmerland, the Towne of Barwicke, the Towne of Newcastell vpon Tine, & the Byshoprike of Durham, or any of them, to, or for the sayde taxyng, leuiyng, gatheryng, or payment, but that the Englishe inhabitantes or resiauntes, and euerye of them, of the sayde Counties, Byshoprikes, and Townes, and euery of them, shalbe of and from the sayde subsidie, and euery parcell thereof, and for theyr manours, landes, tenementes, fees, wages, goodes, and cattelles, lying and beyng in the sayde Counties, Townes, and Byshoprike, or anye of them, vtterly acquited and discharged: any thyng in this present acte before rehearsed to the contrary, notwithstandyng.
Prouided also, that al letters patentes graunted by the Queenes Maiestie, or any of her moste noble progenitours, to any Cities, Boroughes, or Townes within this Realme, of any maner of liberties, priuileges, or exemptions, from the burden and charge of any such grauntes of subsidies, whiche be at this present tyme in force and vayleable, shall remayne good and effectuall to the sayde Cities, Boroughes, and Townes hereafter, accordyng to the purportes therof, though the inhabitauntes of the same, shall vpon the great and waightie consyderation of the graunt abouesayd, be for this graunt charged and contributory, in lyke maner, fourme, and sorte as other Cities, Boroughes, and Townes, which be not in any wise priuileged, be from such graunt of subsidie excepted.
Prouided alwayes, and be it enacted by thaucthoritie aforesayde, that no Orphant or Infant, within the age of twentie & one yeres, borne within anye of the Queenes Maiesties dominions, shalbe charged to anye payment of this subsidie, for his or her goodes and cattelles, to hym or her left or bequeathed: any thing in this acte conteyned to the contrary, notwithstandyng.
Prouided also, that this acte, nor anye thyng therein conteyned, shall extende to the goodes or landes of any Colledge, Hall, or Ostell, within the vniuersities of Oxenford and Cambridge, or any of them, or to the goodes or landes of the Colledge of Winton, founded by Byshoppe of Wyckeham, or to the goodes or landes of the [Page] colledge of Eton next Wyndsor, or to the goodes or landes or anye commō free grammer scoole within the realme of England or Wales or to the goodes of anye Reader, Scoolemaister, or Scoller, or any graduate within the sayd vniuersities and colledges, or any of them there remaynying for study, without fraude or couin, or to the goodes and landes of any hospital measondue, or spittelhouse, prepared and vsed for the sustentation and releefe of poore people: any thyng in this acte conteyned to the contrary in any wise, notwithstandyng.
Prouided also, and be it enacted, that forasmuche as diuers and sundry the Queenes Maiesties tenauntes, and other inhabitauntes and dwellers within the Counties of Penbroke, Carmarthen, Cardigan, Glamorgan, Brecknocke, Radnouce, Mongomerye, Denbigh, Flint, Merioneth, Anglesey, Carnaruon, & of the Countie Palentine of Chester, be at this present tyme charged and chargeable with the seuerall paymentes of diuers great summes of money, by the name of Mise due to her Maiestie, accordyng to the seuerall customes of the sayde Counties.
Be it therefore ordeyned and enacted by the aucthoritie aforesayd, that this acte of subsidie, or anye thyng therein conteyned, shall not extende to charge any of the Queenes tenauntes, & other inhabitantes and dwellers, within any of the sayd Counties of Penbroke, Carmarthen, Cardigan, Glamorgan, Brecknocke, Radnoure, Mongomerye, Denbigh, Flinte, Merioneth; Anglesey, Carnaruon, and the Countie Palentine of Chester, being charged or chargeable with the sayd Mise, for, or in any of the paymentes of the sayde subsidie graunted to the Queenes Maiestie by this acte, vntil the said seueral dayes and times for the payment of the said Mises shalbe expired, and vntil the dayes & times of the seuerall subsidies, lately graunted to our late soueraigne lord & soueraigne lady, King Philip & Queene Mary be also past and expired, & that then the first payment of the said subsidie graunted by this present acte, shalbe made at the receypt of the Queenes Exchequer, before the first day of March next folowing after the last dayes of the last paiment to be had or appoynted of the said Mises, and of the payment of the saide former subsidies. And the second payment of this subsidie, to be made by, or before the first day of Marche next after the sayd first payment of the sayde subsidie.
Furthermore be it enacted by the aucthoritie aforesayde, that the tenauntes and dwellers of euery of the sayde Counties in this prouiso remembred, shall seuerally before the feast of Pentecost nexte ensuing, certifie into the said court of the Exchequer, vnder the seales of two Iustices of peace of euery of the sayd Counties, wherof one to be of the Quorum, when & what day the last payment of the sayde seueral Mises now due in any of the sayde Counties, shal end and expire.
[Page]Prouided also, that the sayde graunt of subsidie, or anye other thing therin conteyned, do not in any wyse extende to be preiudiciall or hurtfull to the inhabitauntes or resiauntes at this present time, within the fiue portes corporate, or to any of theyr members incorporate, or vnited to the same fyue portes, or to anye of the same fiue portes, of, or for any part or parcell of the saide summes graunted in this parliament, of the sayd inhabitauntes now resiaunt, or anye of them, to be taxed, set, asked leuied, or payde. But the sayd inhabitauntes and resiauntes in the sayd fyue portes, and their members, be and shalbe of, and from the sayde graunt and payment of the sayde subsidie, duryng theyr resiauncie there, and no longer, clearely acquited and discharged: any matter, or whatsoeuer thing in this present act had or made to the contrary, notwithstandyng.
God saue the Queene.