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B13269 An acte of the relief graunted to the Kinges Maiestie by the Lordes and commons.; Laws, etc. England and Wales.; Edward VI, King of England, 1537-1553. 1549 (1549) STC 9427.3; Interim Tract Supplement Guide Harl.7615[14] 36,677 37

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be made beyng out of this realme or in any other parties not knowen or of and for the goodes and cattalles of any other person or persones or of any corporacion fraternitie guyld mistery compainy or other whatsoeuer comminaltie beyng incorporat or not incorporate and all persones hauyng in their rule gouernaunce or custody any goodes or cattalles at the tyme of thesaid assessyng or any of them to be made or whiche for any cause for by colleccion or for hym self or for any other or by reason that he hath the rule gouernaunce or custody of any goodes or cattalles of any other person or persones traternitie Guylde Corporacion Cominaltie Compaignie or Mistery or any suche other like or as factor deputie or attorney of or for any persō shal bee taxed rated valued and set to any somme or sommes by reason of this act and after the taxacion or assessyng vpon any suche person or persones as shal be charged with the receipt of the same happen to die or depart from the place where he was so taxed and set or his goodes and cattalles to bee so eloyned or in suche priuie and couert maner kept as thesaid persone or persones charged with the same by extreates or other writyng frō thesaid commissioners cannot ne may leuy tht same some or somes cōprised within their said extreates by distresse within the limites of their colleccion as is beforsaid or cānot sel suche distresse or distresses as be taken for any of thesaid yerely paimentes before the tyme limited to the high collector for his paimēt to be made in the kynges receipt then vpon relacion therof made with due examinacion by the othe or examinacion of suche persone or persones as shal be charged with and for the receipt and colleccion of the same before thesaied commissioners or one of them or before the high collector or collectors where suche persone or persons or other as is aforesaid their goodes and cattalles wer set and taxed and vpō plain certificat therof made into the kynges Exchequer by the same commissioners or any one of them or vpon the othe of one of the high collectors in thesaid court of thexchequer of the dwellyng place names and sommes of thesaid persones of whom thesaid sommes cānot be leuied had as is beforesaied then aswell the Constables and other inhabitauntes appoincted for the particuler colleccion against the high collectors as the high collector vpon his accompt and othe in thesaied Exchequer to be discharged therof and processe to be made for the kyng out of thesaied Exchequer by the discrecions of the Barons of thesaied Exchequer against suche persō his heires or executors so beyng behind with his paiment And ouer that the same cōmissioners to whō any such declaracion of the premisses shal be made in forme aforesaid frō tyme to tyme shall haue full power aucthoritie duryng thesaid .iii. yeres to direct their precept or preceptes vnto thesaid person or persones charged with any some of for or vpon any such person or persons or other as is abouesaid or to any shirieffes stewardes bailieffes or other whatsoeuer officer minister persō or persōs of suche place or places where any suche person or persons so owyng suche some or sommes shall haue landes tenemētes or other hereditamentes or real possessiōs goodes or cattals wherby any suche person or persons so indebted his heires executors or assignes or other hauyng the custody gouernaunce or disposiciō of any goodes cattals lādes tenementes or other hereditamētes which ought or may by this act lawfully be distreined or taken for yesame hath shal haue goodes cattals lādes tenemētes other possessions wherof suche some or sōmes whiche by any suche person or persons maie or ought to bee leuied be it within the limite of suche commission where suche person or persōs was or wer taxed or without in any place within this realme of Englāde Wales or other the kynges dominiōs Marches or territories by whiche precept aswel suche person or persons as shal be charged to lcuie suche money as thofficers of the place or places where suche distresse stresse maie bee taken shall haue full power and aucthoritie to distreine euery suche persone indebted charged or chargeable by this acte or his executors or administrators of his goodes and cattals his factors deputies lessees fermours and assignes and all other persones by whose handes or out of whose landes any suche persone should haue rent fee annuitie or any other proffite or whiche at the tyme of thesaid assessynges shal haue goodes or cattalles or any other thyng moueable of any suche persone or persones beyng indebted or owyng suche somme And the distresse so takē to cause to be kept appreised and sold in like maner and forme as is aforesaid for the distresse to be taken vpon persones to be taxed to thesaid relief and beyng sufficient to distrein within the limites of the collectors inhabitauntes or other officers charged with or for thesame sommes so vpon theim to be taxed And if any suche distresse for none paiment happen to be taken out of the limite of the persones charged and assigned to leuie thesame the persōs so charged for the leuiyng of euery suche somme by distresse shall perceiue and take of thesame distresse for the labor of euery person goyng for thexecuciō therof for euery mile that any suche person so laboreth for thesame .ii. d. And euery fermor tenaunt factor or other whatsoeuer persone beeyng distreined or other wise charged for paiment of any suche somme or sommes or any other somme by reason of this act shal be of suche somme or sommes of hym or them so leuied and taken discharged acquited at his nexte daie of paiment of thesame or at the deliuery of suche goodes and cattalles as he that is so distreined had in his custodie or gouernaunce against him or them that shal be so taxed and set any graunt or writyng obligatory or other whatsoeuer matter to the contrary made heretofore notwithstādyng And if any suche person that should be so distreined haue no landes or tenementes sufficient wherby he or his tenauntes and fermors maie be distreined or hath eloyned alyened or hid his goodes and cattalles wherby he should or might be distreined in suche maner that suche goodes and cattalles shall not bee knowen or founde so that the somme by hym to be paied in thesaid forme shall ne can be conueniently leuied ▪ then vpon relacion thereof vnto the Commissioners where suche persone or persones was taxed and set by the othes of hym or them that shal be charged with the leuy paiment of that some or sommes thesame commissioners shal make a precept in suche maner as is aforsaid for to attache take arrest the body of suche person or persones that ought to paie thesaid sommes by this act shal be charged with and for thesame somme or sommes and them so taken safely to kepe in prison within the shire or other place
Cōmissioners of that Cōmission wherevpon suche writynges shal be there than to be certified with diuisions of the hundredes wapentakes wardes tithynges or other places to and among suche Commissioners of thesame Cōmission with the names of thesame Cōmissioners where suche seperacions deuisions shal be with the grosse sūmes of money aswell of for the sayd Relief taxed or set of or within the sayd hundredes wardes wapētakes or other places to him or them deuided or assigned that shall so certifie the sayd first writyng as of fynes amerciamentes penalties and other forfaitures if any happen to be within thesame limittes whereof the same writynges shal be certified And after suche writyng indented which as is aforesayd shal be certefied and not contayne in it the whole and full sommes set and taxed within the limyttes of thesame Commission the other Commissioners of the same euery of the sayd thre yeres before the day of paiment of the sayd Relief at the sayd receipt limitted and appoincted by this act shal certifie into the sayd Exchequier by their writyng or writynges indented to be made as is beforesayd the grosse and seuerall summes set and taxed within the places to them limitted for the sayd subsidie and other fynes amerciamentes penalties and forfaytures with the names of the hundredes wardes wapētakes and other places to them assigned or els by their sayd writynges indented to certifie at the sayd place before the day of payment therof at the sayd receipt as is aforesayd resonable causes for their excuses why they may not make suche certificat of and for the sayd Relief with fynes amerciamentes penalties and other forfaitures growyng or set by reason of the causes of their lett●s or of their non certifiyng as is aboue sayd or els in default therof proces to be made out of the Kynges Exchequier against the sayd Commissioners and euery of theim not makyng certificat as is aforesayd by the discrecion of the Thesaurour Barons of the sayd Exchequier Prouided alwayes that if any person or persones chargeable to this Relief of payment for his goodes shal happen at any tyme duryng the sayd thre yeres to be set or presented in two or mo places then one and the same beyng certified into the kynges court of Exchequier that then the partie or parties so set or presēted certified takyng a corporal other before the Barons of the kynges Exchequier or before any two of thē or before any person or persones beyng aucthorised by cōmission to be directed from the sayd Barons or any of theim whiche commission or cōmissions the sayd Barons or ii of them shal be authorised haue full power aucthoritie to make by this act that he or they is or be the same selfe person or persons so set and that he or they is or be set or presented in two or mo places then one And that he or they haue then been by the space of one yere nexte before the takyng of the sayd othe more conuersaunt and dwellyng in any one of the same places where he or they shal so happen to be set or presented then in the other that then the partie of parties so set or presented in two or mo places then one and so takyng his othe without any other plee in writyng shal be clerely discharged against the kyng his heyres successours or euery of the sayd assesementes and presentmentes sauyng onely of the assesement and presentment in the place where he or they was or were moste conuersaunt dwellyng as is before sayd And be it also enacted by the aucthoritie aforesayd that the Barons of the kynges Exchequer or two of theim for the tyme beyng shal not onely haue full power aucthoritie to receiue and take the othe of suche partie or parties as shal be so set or presented in any mo places then one but shall also vpon the same othe or othes so taken discharge the partie parties of all suche summes of money as he or they should bee in any wise charged with sauyng onely of suche summes of money as the same partie or parties were so sessed at in suche place and places where he or they were most conuersaunt and dwellyng as is aforesayd And to the intent the kynges maiestie may be truly iustly answered of the sayd relief of the polle of shepe before by vs graūted to his highnes be it ordained and enacted by the aucthoritie aforesayd that yerely duryng thesayd iii. yeres before the first day of May there shal be a Cōmission with ten cedules containyng in them the tenor of this acte to be annexed to suche commission directed vnder the kynges great seale of England into euery coūtie shyre ridyng citie borough toune corporat and the Isle of Wight and into all and euery other place within this realme and other the kynges dominions that is or shal be chargeable to the paiment of the sayd Relief of the polle of shepe to suche persones as the same yere before were Commissioners for the assesement and taxaciō of the value of euery persons goodes and substaunce in the same shire or other place or to as many of them as shal be then liuyng and to suche other persones as the sayd lorde Chauncelor and other with him before named shall name and appoinct By the whiche commission the Commissioners shal haue full power and aucthoritie to enquire by the othes of the Person Vicar or curate iiii or as many honest persons of euery parish village and hamlet within the limittes of their cōmission wherof the Constable Tithyngman or Borsolder shal be one if any Constable Tithyngman or Borsolder be dwellyng in the same parishe village or Hamlet and by the othes of as many other honest discrete persons as they shall thynke cōuenient or otherwise by suche meanes and pollicies as they shal thynke best wherby the truth may appeare of the nomber and natures of all and synguler sheepe beyng within the limittes of their commission whose they be in what toune or parish the owner dwelleth and of what state or degree he is and whether for the moste part of the yere they be kept in seuerall pastures or seuerall marshes or in commons or groundes commonly vsed to be tylled the tenor of whiche othe hereafter foloweth ¶ Ye shall diligently enquire and iustly and truly present and certifie vs the kynges Commssioners what nomber of Ewes Wethers other shere shepe be within the limittes of your charge whose they be in what toune or parishe the owner dwelleth of what condicion and degre he is whether for the moste part of the yere they be kept in seuerall pastures or seueral Marshes or in cōmons or groūdes comenly vsed to be tylled as ye trust to be saued by the merites of Christes passion And it is also ordained and enacted by the aucthoritie aforesayd that yerely duryng the sayd thre yeres on the Tuesdaye after the feast of the Natiuitie of sainct Ihon Baptist there shal
had ben set and rated vpon euery such persone for the sayd relief The whiche commissioners so named of and for the said cities boroughes and tounes not beyng counties and only put in the said commission by reason of there dwellyng in the same shall not haue any part of the porcion of the fees and rewardes for the commissioners and the● clerkes in this acte afterward specifyed And the Chaūcellour of Englande or keper of the kynges great Scale for the tyme beyng shall make and direct out of the courte of chauncery vnder the kinges great seale seuerall commissions that is to saye to euerye shyre rydyng lathe wapentake rape citie toune borough Isle and housholde vnto suche persone and persones as by his discrecion and other with hym before appoincted and named in lyke maner and fourme as is afore rehersed shal be thought suffycient for the sessyng and leuyeng of the sayde relief in all shyres and places accordyng vnto the true meanyng of this acte whiche commissyon shal be directed and deliuered to the sayd commissioners or to one of them yerely duryng the saye thre yeres in maner and fourme folowyng that is to saye the fyrst yere before the tenth daye of Marche next commyng and the other two yeres yerely before the fyrst daye of Ianuary and to euery of the sayd commissions ten cedules conteynyng in them the tenour of this acte shal be affyled by the whyche commission the commissyoners in euery suche commission named according vnto this acte or as many of them as shal be appoincted by the kinges cōmission shall haue full power aucthoritie to put the effect of the same commission in execucion And that by aucthoritie of this acte after such commission to them dyrected yerely during the said thre yeres they may by their assentes and agrementes seuer them selfes for the execucion of their cōmissyon in hūdredes lathes wardes rapes wapentakes tounes parysshes other places within the lymytes of their sayd commissyon in such fourme as to them shall seme expedient to be ordred and betwene them to be commoned agreed according to the tenour and effect of the commission to them therin directed vpon whiche seueraunce euery person of this present parliament that shal be commissioner shal be assygned in the hundreth where he dwelleth PROVIDED alwaies that no persone be or shal be compelled to be any commissioner to and for the execution of this present acte but only in the shire where he dwelleth and inhabiteth and that any person being assygned to the contrarye therof in any wise shal not be cōpelled to put in execucion the effect of this act or any parte therof And it is also enacted by the aucthorytie of this present parliament that the commissioners and euery of them whiche shal be named lymyted and appoincted accordyng vnto this acte to be commissioners in euerye suche shire rydyng lathe wapentake rape cytie toune borough Isle and the sayd housholdes or any other place and none other shall truly effectually dylygently for ther parte execute the effect of this present acte accordyng to the tenour therof in euery behalfe and none otherwyse by any other meanes wythout omission fauour dread malice or any other thyng to be attempted and done by them or any of them to the contrary hereof and the said commissioners or as many of them as shal be appoincted by the sayd commission and none other for the execution of the sayd commission and acte shall the fyrst yere of the paiment of this relief of goodes before the .xx. daye of Marche and the other two yeres yerely before the .xvi. daye of Ianuary by vertue of the commissyons delyuered vnto them in fourme abouesayd dyrect their seuerall or Ioynte precept vnto viii vii vi v .iiii. or thre or moo as for the nomber of the inhabitauntes shal be requysyte of the most substanciall discrete and honest persones inhabytauntes to be named by the said cōmissioners or by as many of them as shal be appoincted by the said cōmission of in hundredes lathes rapes wapētakes wardes parishes tounes other places aswel wtin liberties fraūchises aūciēt demeanes places exempted and sanctuaryes as without within the lymytes of the shires ridinges lathes wapentakes rapes cities tounes boroghes or Isle aforesaid other places within the limites of there commission and to the constables subconstables batlliffes other like officers or mynisters of euery of the said hundredes tounes wardes lathes wapētakes parishes other places before said as to the sayd commissioners euery nomber of them vnto thre or two of them by there discrecion in diuisiō shal seme expedient as by the maner and vse of the parties shal be requisite straitly by the same precept charging commaūding the same inhabitaūtes constables other officers aforsaid to whom such precept shal be so directed to appere in their proper persones before the said cōmissioners or such nomber of them as they shall deuide them selfes according to the tenour of the sayd commission at certain dayes places by the said cōmissyoners or any nomber of them as is abouesayd within cities boroughes or tounes corporat or without in any other place as is aforesaid by ther discretions shal be limited therunto to do accomplishe all that to them on the part of our soueraigne lord the king shal be enioyned touching this acte cōmaunding further by the same precept that he to whose handes such precept shall come shall shewe or delyuer the same to the other inhabitaūtes or officers named in the same precept that none of thē faile to accōplishe the same vpō paine of fortie shillinges to be forfaited to the king AND it is further ordeined by the said aucthoritie of this parliamēt that the said daye place prefyxed limited in the said preceptes euery of the cōmissioners then beyng in the shyre hauing no sufficient excuse for his absence shall at the sayd day place prefixed for that parte wherunto he was limited appere in his proper person there the same commissioners being present or as many as shal be appoincted by the kinges commissiō shal cal or cause to be called before them the sayd inhabitaūtes officers to whō thei haue directed ther said preceptes which had in cōmaundemēt ther to apere by the said precept of the said cōmissioners And if any person so warned make default onlesse he thē be letted by sycknesse or lawful excuses that let then to be witnessed by the othes of two credyble persones Or if any so appering refuse to be sworne in fourme folowing to forfayte to the kyng fortie shyllinges so at euery tyme during the sayd thre yeres prefixed for the same cause vnto such time the nomber of euery such persons haue appered certefied in fourme vnder written euery of them so making default or refusing to be sworne to forfaite to the king fortie shillinges vpō the same apparaunce had one of the most substāciall inhabitauntes
any happen to bee set in twoo places vpon certificat thereof made the best and moste somme vpon hym so taxed to bee taken and abyde and the other to bee discharged so that thesame certificat of his assessyng and paiment bee made thereof in writyng vnder the seales of the Commissioners or of as many of theim as shal bee appoyncted by the kynges Commission whiche certificat so made shal be at all tymes a sufficient discharge for hym and the Collectour of thesame aswell against any Collectour that shall demaunde thesame vpon hym rated or taxed as against the kyng and all other persones And if any persone that ought to bee set by reason of his remouyng or resortyng to two places or by reason of his saiyng that he els where was taxed or by reason of any priuilege by his dwellyng or abidyng in any place not beyng foreprised in this Acte or any otherwise by his couyn or crafte happen to escape from the yerely assessyng and bee not sette and that proued by presentment examinacion or informacion before thesaied Commissioners or as many of theim as shal be by thesame Commission appoyncted or by the Barones of the kynges Exchequer or twoo Iustices of the Peace of that countrey where suche persone dwelleth then euery suche persone that by suche meanes or other wyse wilfully by couyn shall happen to escape from the assessyng of thesaied reliefes or of any of theim and not bee rated taxed and set shal be charged vpon the knowlege and proffe thereof with and at the double value that he should or ought to haue been sette at afore accordyng to his behauoure thesame double value to bee leuied gathered and paied of his goodes and cattalles landes and tenementes towardes thesaid relief and further to bee punished accordyng to the discrecions of the Barones Iustices or Commissioners before whom he shal be conuicted for his offence and deceipt in that behalfe And it is further ordeigned and enacted by the aucthoritie aforesaid that not onely euery assessour shal be rated taxed and assessed yerely duryng thesaied three yeres for the value of his goodes and cattalles by the Commissioners or the moste part of theim by whom he is appoyncted to bee an assessour but also that euery Commissioner assigned and deputed for the orderyng taxyng ratyng and leuiyng of this relief graunted to the kynges Maiestie of twelue pence of the pounde of the value of euery mannes goodes dwellyng within the precinct and limit of his Commission for his awne substaunce in goodes shal be sessed taxed valued and rated yerely duryng thesaied three yeres by the examinacion and sessyng of the rest of the Commissioners named in thesame Commission or the moste part of theim after suche value of his goodes and cattalles as is mencioned in this Acte And that all persones of the estate of a Barō or Baronesse not being maried and euery estate aboue shal be examined and charged of the paiment of this relief of their goodes before the lorde Chauncellor the Lorde Theasaurer of Englande and lorde priuey seale for the tyme beyng or other persones by the kynges aucthoritie to be limited and thei to bee charged yerely duryng thesaid thre yeres for their goodes and substaunce accordyng to their examinacion aforesaied And the sommes vpon them set with the names of the Collectours appoyncted for the gatheryng and paiyng of thesame be extreated deliuered and certified at daies and places aboue specified by thesaied Chauncellor Theasaurer and lorde priuey Seale for the tyme beyng or suche other persones as shal be appoyncted by the Kynges highnes AND it is further ordeined and enacted by thaucthoritie aforesaid that after the Taxes and Assessementes of thesaied sommes vpon and and by thesaied examinacion and certificat as is aforesaied made thesaied Commissioners shall yerely duryng thesaied three yeres within .x. daies nexte after the Taxacion and Assessement of paiment of thesaied Relief by writyng Indented to bee made of thesaied Taxacion and Assessement vnder the seales and signes manuelles of thesaied Commissioners deliuer vnto sufficient and substanciall inhabitauntes Constables Subconstables Bayliffes or other officers ioyntly of Hundredes Tounes Parishes and other places aforesaied within their limites or to other sufficient persones inhabitauntes of thesame onely by the discreciō of thesame Commissioners and as the place and parties shall require aswell the particular names and surnames as the remembraunce of all sommes of money Taxed and sett of and vpon euery persone aswell manne as woman chargeable to this Act housholder and al other inhabitauntes and dwellers and all Fraternities Guyldes Corporacions Misteries Brotherhoddes Compaignies and Cominalties corporat or not corporat within thesaied Parishes tounes places contributory to this Act of relief By aucthoritie of whiche writyng or estreat so deliuered thesaid officers or other persones so named and deputed seuerally shall haue full power and aucthoritie by vertue of this act unmediatly after the deliuery of thesaid writyng or estreate to demaunde leuie and gather of euery persone and Fraternitie Guyld Corporacion Mistery Brotherhod Compaignie and Comminaltie corporate or not corporate therin specified the somme or sommes in thesame writyng or estreat cōprised And for non paiment therof to distrain the goodes and cattalles of suche persone Fraternitie Guylde Corporacion Mistery Brotherhod Compaignie and Comminaltie corporat or not corporat and the distresse so taken to kepe by the space of eight daies at the costes and charges of the owners thereof And if thesaied owner doo not paie suche somme of money as shal be taxed by this acte within the same viii daies then thesaid distresse to be apprised by .iiii .iii. or two of the inhabitantes where suche distresse is taken and also to be solde by thesaid Constable and other collector for the paiment of thesaid money and the ouerplus commyng of the sale and kepyng thereof if any be to bee immediatly restored to the owner of the same distresse whiche saied officers and other persones so deputied to aske take gather and leuie the saied sommes shall answere and bee charged for their porcion onely to theim assigned or limited to be gathered leuied and comprised in the saied writyng or estreate to theim as is aforesaied deliuered vnto the vse of our souereigne lorde the kyng his heires and successors and thesaid somme in that writyng or estreat cōprised to pay vnto the high collector or collectors of that place for the colleccion of the same in maner and fourme vnder written to be named and deputed and the same inhabitaūtes and officers so gatheryng the same perticular sōmes for their collecciō therof shall reteigne for euery .xx. s̄ so by theim receiued and paied .ii. d. and that to be allowed at the paiment of their colleccion by them to be made to the high collector or collectors PROVIDED alwaies and be it ordeigned and enacted by thaucthoritie aforesaid that if any persone not beyng the kynges subiect naturally borne denisen or not denisen beyng aboue the age of .xii. yeres