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B01271 Anno quarto et quinto, Philippi & MariƦ. Actes made at a Parliament begon and holden at Westminster, the .xx daye of January, in the fourth and fift yeare of the reigne of oure soueraigne Lorde and Lady, Philippe and Marye by the grace of God, kinge and Quene of England, Spayne, Fraunce, both the Sicilles, Jerusalem, and Jrelande, defendours of the faith, archidukes of Austria, dukes of Burgondie, Millaine and Brabant, counties of Haspurge, Flaunders, and Tyrol, and there continued and kepte vntyll the vij. day of Marche, then next folowinge, and enacted as foloweth..; Laws, etc. England and Wales.; Mary I, Queen of England, 1516-1558.; Philip II, King of Spain, 1527-1598. 1558 (1558) STC 9457; ESTC S832 78,057 91

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are before rehearsed sette and taxed to be leuyed and taken of them that shall haue suche goodes in custodie or otherwise charged for landes as is before rehearsed And the same personne or personnes and body corporate by thaucthoritie of this acte shall be discharged agaynste him or them that shall or oughte to haue the same at the tyme of the paymente or delyuerye thereof or at his otherwyse departure from the custodye or possession of the same excepte and alwayes forprised from the charge and asseassement of this subledye all goodes cattels Iuelles and ornamentes of Churches and Chappels whiche haue bene ordeined and vsed in Churches or Chappels for the honoure and seruice of almightie God And this payment of the sayd subsedy shall be by aucthoritie aforesayde taxed assessed and rated accordinge to this acte in euerye Shyre Rydinge Lathe Wapentake Rape Citie Borough Towne euery other place within this realme of Englande and Wales and other the Quenes dominions before the laste daye of Apryll next comminge And the perticuler Summes of euerye Shyre Rydinge Burroughe Towne and other places aforesayde with the perticuler names of suche as are chargeable for and to the paymente of the sayde Subsedye to be taxed and sette by the Commissioners to the same lymitted or two of theim at the leaste with the names of the hyghe collectoures and in the same fourme shall be certified in the kynge and Queenes Eschequer before the laste daye of Maye nexte commyng with the names of the highe Collectoures of the same And the sayde Summes in manner and fourme aforesayde to be taxed for the paymente of the sayde Subsidye shall be payde in the kynge and Quenes Receipte of theyr Eschequer aforesayde to the vse of oure sayde Soueraigne Ladye before the .xxiiij. daye of Iune nexte comminge And the Summes of and for the sayde Subsidie shal be taxed sette asked and demaunded taken gathered leuyed and payde to the vse of oure sayde Soueraigne Lady and her heyres and Successoures in forme abouesayde as well within the liberties fraunchises Saynctuaries aunciente demeane and other whatsoeuer place exempte or not exempte as withoute excepte suche Shyres places and personnes as shall be forprised in and by this presente acte anye graunte charter prescription vse or libertye by reason of any letters patentes or other priuiledge prescription allowaunce of the same or whatsoeuer other matter of discharge heretofore to the contrary made graunted vsed or obteyned notwithstandinge And it is further enacted by the aucthoritye of this presente parliamente that euerye suche personne as well suche as be borne vnder the queenes obeysaunce as euerye other person Straunger borne denyzen or not denizen inhabitinge within this realme or within Wales or other the Quenes dominions whiche at the tyme of the same assessinge or taxation to be hadde or made shall be oute of this realme and oute of Wales and haue goodes or cattels landes or tenements fees or anuities or other profittes within this realme or in Wales shall be charged and chargeable for the same by the certificate of the inhabitauntes of the parties where suche goodes cattels landes tenemēts or other the premisses then shall be or in suche other place where suche personne or his factoure deputye or attourneye shall haue his mooste resorte vnto within this realme or in Wales in lyke manner as yf the sayde personne were or hadde ben at the tyme of the sayde asseassynge within this Realme And that euerye personne abydynge or dwellynge within this Realme or withoute this Realme shall be charged or chargeable to the same Subsedye graunted by thys Acte accordinge and after the rate of suche yearelye substaunce or valewe of landes and tenementes goodes and cattelles and other the premysses as euerye personne so to be charged shal be set at the time of the said asseassinge or taxation vppon hym to be made and in none otherwyse AND furthermore be it enacted by the aucthoritie aforesayde that for the asseassinge and orderynge of the sayde Subsedye to be duelye hadde the Lorde Chauncelloure of Englande or the keper of the greate Seale the Lorde Treasurer of Englande the Lorde Stewarde of the Kynge and Queenes Honorable Householde the Lorde president of the kynge and Quenes honorable Counsayle the lord prinye Seale for the time beynge or two of them at the least whereof the Lorde Chauncellour of Englande or keper of the great Seale for the time beynge to be one shall and maye name and appointe of and for euery Shyre and Rydyng and other places aswel within this realme as in Wales and other the Quenes dominions and also of and for euerye Citie and Towne beynge a countye in it selfe and of and for the Isle of Wyght such certeyne nomber of personnes of euery of the said Shires Rydinges Lathes Wapentakes Rapes Cities Townes and Isle of Wight and euery other place and other the inhabitauntes of the same to be Commissioners with in the same whereof they be inhabytauntes and also of and for the honorable householde of the Quenes Maiestie and the Lady Elizabeths grace in what Shyres or other places the sayde householdes shall happen then to be And the Lorde Chauncelloure and other with him before named in lyke maner maye name and appoynte of euerye other suche Burroughe and towne corporate aswell in Englande as in Wales and other the Quenes dominions as they shall thinke requisite syxe fyue foure three or two of the heade officers and other sadde honeste inhabitauntes of euery of the sayde Cities Burroughes and Townes Corporate accordynge to the number and multitude of people beynge in the same The whiche personnes yf anye such be therevnto named of the sayde inhabytauntes of the sayde Burroughes and Townes Corporate not beynge countyes in them selfes shal be ioyned and putte in as commyssyoners with the personnes named for suche Shyres and Rydynges as the sayde Burroughes and townes corporate not beynge counties in them selues be set and haue their being whych persons so named for of the said boroughes townes corporate not being counties by reason of their dwelling in the same shall not take vpon thēne none of thē to put any part of their commission in execution for the premysses oute of the sayde Boroughes and Towne Corporate wherein they beynge so named onelye for the same be dwellynge And also not to execute the sayde commyssyon within the Burroughe or Towne Corporate wher they be so dwellynge but at suche dayes and tymes as the sayde other commyssyoners for the same Shyre and Rydynge shall thereto lymytte and appoynte within the same Burroughe or towne corporate not beynge countye corporate whereof they soo be and not out of suche Burrough or towne and in that maner to be aydynge and assystynge with the sayde other commyssyoners in and for the good executynge of theffecte of the sayde commyssyon vpon paine of euerye of the sayde commissioners soo named for euerye suche cytye Burrough and towne corporate not being a county to make such
Anno quarto et quinto Philippi Mariae ❧ Actes made at a Parliament begon and holden at Westminster the .xx daye of Ianuary in the fourth and fift yeare of the reigne of oure soueraigne Lorde and Lady Philippe and Marye by the grace of God kinge and Quene of England Spayne Fraunce both the Sicilles Ierusalem and Irelande defendours of the faith Archidukes of Austria Dukes of Burgondie Millaine and Brabant counties of Haspurge Flaunders and Tyrol and there continued and kepte vntyll the .vij. day of Marche then next folowinge and enacted as foloweth Cum priuilegio Regiae Maiestatis ❧ The Table AN Acte for the confyrmation of letters patentes Cap. i. An acte for the hauynge of Horse Armoure and Weapon Cap. ii An acte for the takinge of musters Cap. iii. An acte that accessaries in murder and dyuers felonies shall not haue the benefit of clergie Cap. iiii An acte touchinge the makinge of wollen clothes Cap. v. An acte to enquyre of Frenchemen beynge denisens Cap. vi An acte to make vp the Iury with circumstantibus where the kynge and Quenes maiesties or the Quenes maiestie is a party Cap. vii An acte for the punishement of suche as shall take away maydens that be inheritours beynge within age of .xvi. yeares or that mary them without the consent of theyr parents Cap. viii An acte for the continuation of certaine statutes Cap. ix An acte for the confirmation of the Subsedye of the clergie Cap. x. An acte of a Subsedye and one fyftene graunted by the temporaltie Cap. xi ¶ An Acte for the confirmation of Letters Patentes WHERE sythen the .vii. daye of Iulye in the first yeare of the Quenes Maiesties reygne dyuers and sondry Honors Castels Manoures Lands Tenements Rentes Reuercions seruices and other hereditamentes haue bene conueyed and assured to her highnes her heyres and Successoures by or from diuers and sundrye persons bodies politike aswel for the discharge and satisfaction of great debtes and summes of monye as for other good considerations For the perfytte assuraunce confirmation and further suretye whereof BE IT enacted ordeyned and establyshed by the kyng and Quenes Maiestyes the Lordes Spirituall and Temporal and the commons in thys present Parliament assembled and by thaucthoritie of the same That all Feoffementes Fynes Surrenders assuraunces conueyances and estates in any wise cōueyed had or made to or for our sayd Soueraygne Lorde and Lady the kyng and quenes Maiesties or to or for our sayde soueraygne Lady the quene by or from anye suche persō or persons bodies politike or corporate of any such Honors castels manoures Lādes Tenements Rentes Reuertions Seruices or other hereditamentes for anye debte summe or summes of monye or other consideration whatsoeuer shall stande remayne be good and auaileable in the lawe to all intentes constructions and purposes accordynge to the true meanynge intente and purporte of the same SAVINGE to all and euery personne and personnes and to their heires bodyes politike and corporate to their Successoures and to euerye of them other then such person or personnes and their heyres and wyues and euerye of them bodies politike and corporate their successoures and euery of them of or from whome the kyng quenes highnes or the quenes hyghnes onelye hath obteyned or purchased the sayde premisses or anye percell thereof by exchaunge gyfte bargayne fyne Feoffement recouery dede inrolled or otherwise al such right title interest vse possessiō rentes reuercions Remainders Olfiees Fees Commons profyttes and commodities whatsoeuer which they or any of them haue might or ought to haue had of in or to the premisses or any part thereof in as large and ample maner forme and condition to al intentes cōstructions and purposes as yf this acte had neuer bene had ne made Thys present Acte or any thing therein conteined to the contrarye notwithstandynge AND where aswell our sayd soueraigne lorde Lady as our sayde soueraigne Lady the Quenes highnes sithens the said .vii. day of Iuly in the first yere of her maiesties reigne aswel for diuers gret sōmes of mony as also for diuers sondry other cōsiderations haue hath bargained sold giuen or graūted by their or her graces sōdry letters patēts indentures or other writinges sealed vnder the great seale of England or the seale of the Duchy of Lancaster aswel to bodyes politike corporate as to diuers and sondry other their louing obedient subiects diuers and sondry honors castels manors landes tenements rentes reuercions seruyces other hereditamentes in fee symple fee tayle or for terme of lyfe lyfes or yeares as in the same seueral letters patents indentures other wrytynges is mentioned declared And to thintent the same letters patents indentures other writinges shulde be of good auayleable and perfit force effect to al and euery her highnes louyng Subiectes according to the true meaning effect of the same OVRE SAIDE Soueraygne Lorde and Ladye the kynge and Queene are contented and pleased that it be enacted by thauthoritie of thys present parliamente And therefore by oure sayd Soueraygne lord and lady the kyng and quenes maiesties the laides spiritual and temporal and the commōs in this present parliamente assembled be it enacted and established the aswel al and singuler letters patents indentures and other writinges Sealed vnder the greate Seale of Englande or vnder the Seale of the Duchy of Lancaster and heretofore made or graunted by our sayde soueraygne Lord and Lady the kyng and Quene or by our said soueraigne lady the Quene for any Sūmes of monye or for and vpon any other consideratiōs as al other letters patētes hereafter to be made by our saide soueraigne lorde ladye for any summe or sūmes of monye during the space of Seuen yeares next ensuynge the makyng of this acte to anye body politike or corporate or to any other persō or personnes whatsoeuer of any honors castels manors lordeshippes graunges Meses lādes tenements medowes pastures rentes reuercions seruyces woodes aduousons nominations patronages annuities rightes interestes entrees conditions letes courtes liberties priuileges fraunchyses or of anye other hereditamentes with their appurtenaunces or of any parte or percell of thē sealed with or vnder the great seale of Englande or vnder the Seale of the Duchy of Lancaster of whatsoeuer kynde nature or qualitye they or any of thē be or shal be reputed knowen or taken with their appurtenaunces or any part or percel of thē shal be good perfyt and effectual in the lawe and shal stand be takē reputed demed adiudged good perfit sure auayleable effectual in the lawe aswel against the kynge and Quenes Maiesties as againste the queene her heires and successors according to the tenor of the said letters patēts the same to be expounded cōstrued demed adiudged most beneficial for the patentees and graūtees of the same according vnto the wordes purport of euery the said letters patents without any confirmation licence or tolleration of the quene
personne shall at anye tyme hereafter be conuicted by vertue of this acte for anye defaulte or thinge mentioned in thys acte that then the same person shal not otherwise or eftsones be vexed troubled sued or conuicted for the same defaulte or thing wherfore he shal be so conuicted AND be it moreouer enacted by the auchtoritie aforesayde that yf anye Souldioure shall at anye tyme hereafter make sale of his horse harnes and weapon or anye of them contrarye to the fourme of the sayde statute made in the saide seconde and thirde yeares of the saide late kinge that then not onely the same Souldiour shall incurre the penalties of that statute but also the sayde sale made by suche souldioure to any person or personnes knowing him to be a souldior shal be voyde and of none effecte agaynst him or them that founde or set forth the sayde horse harnesse and weapon or any of them to or for the furniture of suche souldioure to serue with the same PROVIDED alwayes that no person shall be impeached or troubled for any offence done contrary to this acte onlesse presentmente or sute therof be had made or taken with in one yeare next after th offence done any thing in this act to the contrary therof in any wyse notwtstanding PROVIDED alwaye and be it enacted by the aucthoritie aforesayde that if at any time hereafter it shal fortune any person or persons aforesayde to be sued or impeached for any forefeyture or penaltie for not hauinge susteyninge or kepinge such furniture of corselets pykes haquebuttes or morians as by this acte is before limitted rated and apointed and for his or theyr excuse and aunswere shall alleage and pleade that the same furniture so lacking coulde not by him or them conueniently be had gotten or prouided for want and lacke of the same within this realme accordinge to the tenure and purporte of this acte the same matter of want and lacke as is aforesayde shall be allowed and taken for a good and sufficient aunswere and barre in the lawe in case it be true and if the same be denied or trauersed that thervpon an issue shal be ioyned and that the triall shall be of euery suche issue onelye had by the certificate to be made by the Lord Chauncellour Lorde Treasurer the Lorde president of the Councell the Lorde Stewarde of the Kynges and Quenes moste honorable householde the Lorde pryuye Seale the Lorde Admirall and the lorde Chambrelayne of the sayde householde or by thre of them in wrytinge vnder theyr seales or the seales of thre of them this presente acte or anye statute lawe or vsage heretofore had to the contrary notwithstanding PROVIDED also and be it enacted by the aucthoritie aforesayde that no personne or personnes chargeable by vertue of this Acte to or for the fyndynge or hauynge of anye Horse Geldynge Armoure Weapon or furnyture for the warre as is aforesayde shall be charged with the same or with any of them both for his manours houses landes meadowes pastures and woodes and also for his goodes catels fermes leases copyholdes rentes annuities Prouided also and be it further enacted by thauctoritie aforesayde that this acte or any thinge therein conteyned shal not in any wyse extend or be adiudged or interpreted to abrogate repeale or make voyde any part sentence matter clause article or thinge conteyned or specified in the statute made in the .xxxiii. yeare of the raygne of the late noble Prince of worthy memory kinge Henry the eight for or concerning the hauing of long bowes and arrowes the vsing order exercisyng and mayntenaunce of archery and shotinge in longe bowes but that the same statute and euery article clause sentence and thinge therein conteyned and specified touching or in any wyse concerninge the hauinge of longe bowes arrowes vsinge order exercisinge or maintenaunce of archerye and shotinge in longe bowes shall stande and remayne in force and be obserued perfourmed and kepte accordynge to the tenure effecte and true meaning of the sayd acte vpon the paynes conteyned in the same as this acte had not bene hadde ne made this present act or any thinge therin conteyned to the contrary in any wyse notwithstandinge PROVIDED also that yf it shall fortune the sayde furniture of armure aforesayd or any parte therof at any time hereafter to be lost or spente in any seruice of defence of this realme or elles the horses or geldinges aforesayd to be kylled or distroyed or els by some other occasion to be dead that in such case or cases no person or persones shal be charged with any forfeiture or penaltie aforesayde for not hauinge suche quantitie or number of armour horses or geldinges as is aforesayde so that he or they within one yeare next after such losse or want do supply the same againe in al points according to the true meaning and purport of this act any thing in the same act to the contrary therof notwithstanding Prouided also that the want of any gauntlet or gauntlets shal not be demed accoumpted or taken for anye tacke or wante of furnyture for a corselet any wordes before expressed soundinge to the contrarye notwithstandyng Prouided also and be it enacted by thaucthoritie aforesayde that euery person and persons charged with the fyndinge of any haque but and his or theyr seruaunt or seruauntes shall and may exercise and vse shotinge in the same haquebutte at suche markes as are limitted and appointed by the statute made in the .xxxiii. yeare of the raygne of king Henry the eyght or at theyr owne proper games so that they cary not or vse not the same haque but in any hyghe waye vnlesse it be comynge or goynge to or from the musters or marching towardes or from the seruyce of defence of the realme any clause or article in the sayde acte of the .xxxiii. yeare to the contrary notwithstanding Prouided alwayes that this acte ne any thinge therin conteyned shall extende to charge any person or persons dwellinge or abydinge within the countreis of Northwales and Southwales and within the countye Palentine of Lancaster and Chester or either of them with the findinge or hauinge of any haque but but that they and euery of them shall and maye at theyr wyll libertie and pleasure haue and kepe in stede and place of euery haquebutte charged by this acte one longe bowe and one shefe of arrowes ouer and besides suche other armour and munition as is by the lawes of this realme limitted and appoynted anye thinge in this acte to the contrarye notwythstandinge PROVIDED alwayes that the Lorde Chauncelour of England or keper of the greate seale for the tyme beinge shall and maye from time to time by vertue of the kinge and Quenes highnes commission name assigne and appointe comissioners in euery citie boroughe and towne corporate wherein there be Iustices of the peace as well in Englande as in Wales so many of the same Iustices of peace with suche and as manye other personnes to
frenche nacyon to thys Realme contrarye to the sayde Actes of Parlyamente and contrarye to their sayde letters patentes and the prouyso conteyned in the same FOR remedy whereof and for the auoydyng of the imminent peryll that for want of due prouydence may ensue to your most royal person whome our Lord GOD longe preserue to reygne ouer vs and to thys your hyghnes Realme by the malicious and secrete practyses of the sayd Denizens we most humblye besech your most excellent Maiestie to haue vigilante care and tender consyderatyon of youre owne suretye and preseruation of thys youre Realme and hauynge good and sure experience of your accustomed honorable and mercyfull disposition and inclination do also mooste humblye besech the same that by youre royall assente it maye be enacted by thaucthoritye of this present parlyament that al french men and all and euery other personne and personnes borne in any place beyond the Seas which at the tyme of the byrth of any such person or persones was vnder the french kinges obeysaunce not beynge Denizens other then suche as the kynge and Quenes highnes or the quene onely shall specyally lycence lymit and appoynte to remayne within thys Realme shall departe oute of thys Realme and out and from the dominions and terrytories of the same there to remayne and contynue withoute retorne into thys Realme durynge the time and contmuaunce of the warres betwene the french kynge and oure Soueraygne Ladye the quene or her heires or successoures And that our Soueraygne Lorde and Ladye the kynge and the queene or her hyghnes onelye by the aucthoritie of thys Acte by their letters patentes vnder the great Seale of Englande shall and maye haue full power and aucthoritie from time to tyme duryng the lyfe of the quenes hyghnes whych almyghty GOD long prosper and contynue after offyce founde or other due profe of the mysdeamenor of anye such Denizen committed contrary to the lawes of this realme to repeale and make voyde all and synguler letters patentes or asmanye of them as to her hyghnes shall seme good made sythence the sayd two and thyrtye yeare of the Raygne of Kynge Henrye theyghte to anye alyen or straunger borne frenche and vnder the obeysaunce of of the frenche kynge concernynge onelye the makynge of suche alyen or Straunger Denyzen the same Letters Patentes of repeale to be proclaimed and vsed in maner and fourme folowynge that is to saye that euery such Letters Patents of repeale shal conteine the names surnames of euery such alien Straunger whose letters Patents shal soo be repealed and shal be solempnlye and openly redde and proclaimed in the kynge and Queenes Courte of Chauncerye betwene the howres of nine and a leuen before none one day in anye one terme to be kepte at Westmynster and in suche and asmanye termes and counties of this realme as shal be limitted or appoynted or other wise seme mete to the quenes maiestie at any tyme hereafter durynge her highnes sayd lyfe and that al and euery such letters patentes to be repealed in maner and forme aforesayde from and immediately after xxx dayes nexte ensuynge such repeale shall touchyng onelye the makyng of such alyen or straunger denizen be voyde and of none effecte and not before AND be it further enacted by thauchorytie aforesayd that such aliens and straungers denizens whose patentes the queenes hyghnes hereafter shal fortune to allowe or confirme or whom her hyghnes shal lycence to remayne and tarry in thys Realme shal be bounden to the kynge and Queenes maiesties by recognisaunce not to dyscouer nor cause to be discouered the councell nor the secreates of thys Realme and further to be bounde and obedyente vnto and by the lawes and statutes of the same and yf any such alyen borne frenche and vnder the obeysaunce of the french kyng as is aforesayde shall refuse to knowlege any such recognisaunce that then the sayde confirmation allowaunce and lycence shal be voyde and of none effect PROVIDED alwayes that yf any such alyen as is aforesayd shal haue purchased any Manour Landes Tenementes or hereditamentes of anye estate of inherytaunce within thys Realme sythence the tyme that he was made denizen or the any Manor Landes Tenementes or hereditamentes within this realme were gyuen to any such alien of any estate of inherytaunce by any letters patents or in the same letters patentes whereby he was made denizen that the same Manor landes tenementes and hereditamentes after the decease of suche alien whose letters patentes of makyng denizen shal be as is aforesaid repeled shall and maye discende remayne or come vnto suche his heyre or heyres as bene borne within thys realme and as be inheritable to the same or to such other person or personnes that shoulde by the lawes of thys realme haue and enioye the same or any part thereof yf thys acte or no such repeale had bene made in such maner and forme as thoughe no such repeale were had or made the same repeale or any thing in this acte to the contrary not withstandyng Prouided also that it shal be lawefull to the Quenes maiestie her heyres and successoures immediatelye from and after the departure of euery such denizen out of thys Realme to receyue and take the cleare yerely issues reuenues and proffyts of al such Manours Lands Tenementes Rentes Fees Annuityes and Heredytamentes whereof any such Denyzen were seassed or hadde at the tyme of thys acte or at the tyme of hys departure oute of thys Realme as is aforesayde for and durynge the lyfe of euerye suche Denizen in as ample and large maner and forme and in suche qualytye condytyon and degree as anye suche denisen mighte lawfullye haue receyued and taken at the tyme of the makyng of this present acte and not otherwise any thinge in this acte conteyned to the contrary notwithstandinge AN ACTE to make vp the Iury with circumstantibus where the kynge and Quenes maiesties or the Quenes maiestie is a party The .vii. Chapter WHERE in the parliament holden at Westminster the .xiiij. day of Ianuary in the .xxxv. yeare of the reygne of the moost noble and victorious Prince king Henry the eyght late kynge of Englande amongeste other thinges it was enacted and establyshed for the spedye tryall of Issues ioyned betwene party and partye in anye of the kynges courtes of recorde holden at Westminster to be tryed by the verdicte of twelue menne before the Iustices of assise or nisi prius that in euerye wrytte of habeascorpora or distringas with a nisi prius delyuered of recorde to the Sheryffe or other minister or ministers to whome the makynge of the retourne shall apparteyne where a full Iurye shall not appeare before the Iustices of assise or nisi prius or elles where after appearaunce of a full Iurye by chalenge of any of the parties the Iurye is lyke to remayne vntaken for default of the Iurours that then the same Iustices vpon request made by the partyes playntyfe or demaundaunte shall haue
whiche yf it shoulde happen woulde be no small annoyaunce as well to theyr Maiesties as to the hole estate of this realme For the wyse preuention and resistence whereof least any such shuld happen to be attempted theyr highnes shal be enforced not onely to mayneteyne a conueniente number and nauye of shyppes vpon the narrowe Seas but also a great power and number of souldiers to continue in diuers and sundrye partes of the borders and frountiers of this realme redye prepared to all purposes to resist al such malicious attempts or inuasions and to defende the libertye and honour thereof whiche cannot be put in order and readines withoute greate Summes of monye to be defraied and emploied for the same And furthermore considering that the same shall not be onely for the suertye of their maiesties personnes whom we pray to god maye longe raygne ouer vs and likewise for the suretye of this Realme and theyr Maiesties louynge Subiectes of the same but also maye be a greate terroure feare and discourage to the sayde frenche kynge and Scottes and all theyr confederates and alies to attempte anye such inuasion or other enterpryse Haue graunted vnto our said Soueraigne lady her heyres and Successours one Subsedye and one .xv. and tenth to be taxed rated and leuied of our goodes cattels landes and tenementes in maner and fourme as hereafter in this present acte is limitted and conteined And albeit that we doubte not but that our said most gratious Soueraigne lorde and lady assure them selues that we their gratious mooste louinge subiectes knowe the same to be farre vnder the charges whiche theyr maiesties are lyke to susteyne in this behalfe Yet neuerthelesse we moste humblye beseche theyr highnes to accepte this oure gifte as a declaration of our true and most faythfull hartes who be and by gods assistence alwayes shal be by all wayes and meanes and in all respectes ready to serue with all conformitie and obedience for the preseruation of theyr moost royall personnes and defence and suretie of this theyr maiesties realme and dominions as to the du tye of good and obedient subiectes apperteyneth Wherefore we the said lordes and comons for the great and vrgēt considerations aforesayd by one hole assent by auctoritie of this presēt parliament do geue and graunt to our sayde Soueraygne Lady the quenes highnes her heires and successoures towardes the sayd great costes and inestimable charges one hole .xv. and tenth to be payd taken leuied of the moueable goodes cattels and other thinges vsuall to such .xv. and tenthe to be contributorye and chargeable within the Shires Cities Boroughes Townes other places of this their maiesties realme in maner and fourme afore time vsed except the summe of sixe thousande pounde thereof fullye to be deducted of the Summe that one hole .xv. and tenth atteyneth vnto in releif comforte and discharge of the pore cities townes boroughes of this her sayd realme wasted desolate or distroyed or ouer greatly empouerished after such rate as was and hath afore this time bene had and made vnto euerye Shire and to be deuided in suche maner and forme as heretofore for one hole .xv. and tenth hath ben had and deuided And the sayd one hole .xv. and tenth the exceptions and deductions aforesayde therevpon had deducted and allowed to be payde in maner and fourme folowinge That is to saye the hole .xv. and tenth to be payde to her assignes in the receipte of her highnes eschequer be fore the tenth daye of Nouember next comminge AND be it further enacted by the aucthoritie aforesayde that the knightes elected and retorned of for the Shires within this realme for this presente Parliamente Citezens of Cities and Burgesses of Boroughes and townes where collectours haue bene vsed to be named and appointed for the collection of any .xv. and tenth before this tyme graunted shall name and appointe before the laste daye of Auguste nexte comminge sufficient and able persons for the Collection of the sayd .xv. and tenth in euery of the sayd Shyres Cities Boroughes and townes the sayde personnes then hauynge landes tenementes and other hereditamentes in his owne ryghte of an estate of inheritaunce of the yearelye value of tenne poundes or in goodes worth one hundreth poundes at the leaste And also suche person or persons so by them to be named and appointed for the collection of the sayde .xv. and tenth shal be by them seuerally apoynted and allotted into hundredes Rapes Wapentakes cities boroughes and townes And also the sayd persones so named and apoynted for the collection of the same .xv. and tenth shal be charged and chargeable vpon his or theyr accoumpte or accoumptes in the eschequer to be made with all suche summe or summes of mony as the hundredes rapes wapentakes cities boroughes and townes where he or they shall so happen to be appointed amount vnto and of no more summe or summes And vppon the paymente of suche Summes of monye as he shal be charged with shall be discharged and haue his quietus est the none accoumptinge or none payment of any other his fellowes or the insufficiency of them or anye of them notwythstandynge And the names and surnames of euerye of the sayde Collectoures for the sayde xv and tenth together with the place allotted to theyr Collection and charge the said knightes citizens Burgesses for the Shyres cities and boroughes whervnto they be elected named and retourned shal certifie before the kynge and quene in theyr chauncery before the .xiii. daye of October no we nexte folowinge accordinge to the tenure of this acte And yf defaulte of anye suche certifieng be hadde or made in fourme as is abouesayd then the lorde Chauncellour of Englande for the time beynge shall immediatelye after name and appointe Collectoures for the collection of the same .xv. and tenth in manner fourme as the sayde knightes of the shyre citizens of cities and Burgesses of Bouroughes shoulde haue doone and as afore tyme haue bene vsed The whiche sayde collectours and euery of them shall haue like allowaunce vpon theyr accoumptes for theyr fees wages and rewardes for the collection of the sayde .xv. and tenthe in as large manner and fourme as anye collectoure or collectoures of .xv. and tenth haue had at anye season in time paste And that the barons of the kynge and quenes Eschequer for the time beinge shall and may from time to time awarde suche proces for the spedye payment thereof agaynst the collectoure and collectoures of the same as by theyr discretions shall be thought conueniente PROVIDED alwaye and be it enacted by the aucthoritie of this presente parliament that the sayde Lorde Chauncellour knightes of the shyres Citisens of Cities and Burgesses of Burroughes Townes and other places hauynge aucthoritie by this presente acte to name and nominate the sayde Collectoures of or for the sayde fyftene and tenth shall vpon theyr nomination and election hadde and made take by aucthoritie of this presente parliamente sufficiente recognisaunce
be ioyned with them dwellinge oute of the sayd cities boroughes and townes corporate as he or they shall thinke mete to take viewe of armour in euerye of the same cities boroughes and townes corporate accordinge to this presente acte and also to assigne what harnes and armoure shall be prouided and kepte by the inhabitauntes of euery suche citie boroughe and towne corporate as is aforesayde accordinge to this present acte AN ACT for the takinge of musters The .iij. chapter WHERE heretofore commaundement hath ben geuen by the kinge and Quenes maiesties and other the progenitours of the Quenes maiestie kynges of this realme to diuers and sondry personnes to muster their maiesties people and subiects of this theyr realme of England and to leuye a number of them for the seruice of theyr maiesties and of this realme in theyr warres suche as were most hable and likeliest to serue well in the same whiche seruice hath ben greatly hyndered as well for that a greate number hath absented them from the sayde musters whiche ought to haue come to the same as also for that manye of the moost hable and likelye men for that seruice haue bene through frendshippe or rewardes released forborne and discharged of the sayd seruice some other not being able or mete taken appointed and chosen thervnto and yet the same disabilitie and vnaptnes notwithstanding the same vnable vnmete persons vpon summes of mony or other kind of rewardes or exactions by thē payd to some suche as had the order of the saide musters haue ben also released and discharged of the sayd seruice to the great impoueryshmente of the subiectes and cheyfely to the great peryl and daunger of this noble realme in the hinderaunce of the true and necessary seruyce thereof FOR remedy wherof be it enacted by the king and quene our soueraygne lord and lady with thassent of the lordes Spirituall and temporall and the commons in this present parliament assembled and by thaucthoritie of the same that yf anye person or persones that shal be commaunded at any time hereafter generally or speciallye to muster afore any such as shall haue aucthoritie or commaundement for the same by or from the kyng and quenes Maiesties or by theires or successors of the quenes maiestie or by any lieutenaunte wardeyne or other person or personnes aucthorysed for the same do willyngly absente hym or them selfes from the same musters hauyng no true and reasonable excuse of syckenes or other laweful impediment or at their apparaunce at such musters do not bryng with them such their best furnyture of arraye and armoure as he or they shal then haue for hys or their owne person in a redynes shall for euery such defaulte and offence haue and suffer imprisonment by the space of ten dayes without bayle or mainepryce by the commaundemente of suche as shall haue aucthoritie as is aforesayd to take the same musters onlesse he or they soo offendyng as is aforesayd doo agree to or with the said commissioners or two of thē to paye to thuse of the kyng and quene our soueraygne lord and ladye or of the heires and successoures of the same oure soueraygne ladye for euery such offence fourty shyllynges for a fyne whiche sayde fyne after agrement for the payment of the same as is aforesayd shal be certified and estreated into the court of the escheker at Westmynster by such as shall haue power to take the sayd musters as is aforesayd or by two of thē vnder their seales or the seales of two of thē within the space of two monethes next after such agrement to pay the sayde fyne had or made and the same fyne so estreated to be leuyed in such fourme as fynes assessed by the Iustyces of assise or of Gaole deliuerye in their circuites are vsed to be leuyed AND BE IT FVRTHER enacted by the aucthoritie aforesayd that if any person or personnes which at any time or tymes hereafter shall be commaunded or appoynted by the kyng and Quene our Soueraygne Lord and lady or by the heires and successours of the same our Soueraygne Lady by their commission letters or otherwyse authorysed to leuye muster or make any men to serue in their warres or otherwyse for the defence of thys realme do by any meane exact leuy receaue or take or cause to be taken any sūme or sūmes of mony or other rewarde or thing whatsoeuer of any person or persons for seruice in the warrs or that shal be appointed named or mustred to serue in ani such setuice or for the sparyng releasyng or dischargyng of such person or persones from the sayde seruice that then euery such person that so shall offende in exactyng receauyng or takyng by any waies or meanes anye sūme or summes of monye or other reward or thyng whatsoeuer as is afore said shal for euery such offence forfeite .x. times so much as he shal so receyue exacte or take AND be it further enacted by thauctoritie aforesayd that yf any capytayne pety capitayne or other hauynge charge of men for seruyce in warre shal for any aduauntage lucre or gayne by hym to be taken or receyued dyscharge or lycence any of the souldyours or men appointed to serue in the warres vnder his rule or order to depart from the same seruyce or shall not paye vnto his souldioures and to euerye of them their full and whole wages conducte and coate monye within tenne dayes next after that such capitayne pety capitayne or other hauynge charge of men as is aforesayd shall haue receyued the same that then the party so offendyng in geuyng any suche lycence or dyscharge as is aforesayde shal lose forfeyt for euery such offence ten tymes the value of the thing so taken or receyued and shal also paye to euery souldiour from whom he shall so withhold any the sayd wages conduct or coate mony treble the summe so withholden the one moytie of al which forfeytures other then such as before by this act is lymitted or geuen to the sould your or souldyors as is aforesayd for their wages coate or conducte mony withdrawen shal be to the king and the quenes maiesties and theirs and successoures of the quenes maiestye and thother moitie there of to hym or them that wyll sue for the same by action of debte byll playnt information or otherwyse in any court of record in which action or sute no essoygne protection or wager of law shal be allowed AND be it further enacted by the aucthoritie aforesayd that all Iustices of assises in their circuites and al Iustyces of peace within the lymittes of their commission in their assises and sessyons and Stewardes of leetes lawedayes and libertyes at their leetes and lawdaies shal and maye from tyme to tyme enquire here and determyne euerye of the sayd offences commytted or done contrary to thys acte wythin the precynctes of their commyssion leete or lybertye and yf any person or persons shal be before the sayde Iustyces of assise Iustices of
be within such place wher he maye haue knowledge of his sayde appearaunce to be made make defaulte and appeare not onles a reasonable cause or elles a reasonable excuse by the othes of two credible personnes before the sayde commissioners be truely alledged for his discharge that then euerye of them so makynge defaulte to be taxed to the kynge and Queenes Maiesties with and at the double summes of the rate that he shoulde or oughte to haue ben sette at for and after the beste value of hys landes or substaunce vpon him certified yf he had appeared by the discretion of the commissioners there beynge And whiche commissioners shall trauell with euery of the personnes so then and there appearynge whose names shall be expressed in the sayde precepte or preceptes and in whome anye vehement suspecte was or shall be hadde in fourme aforesayde by all suche wayes and meanes they can And that euerye spirituall person at the sayde taxations of the sayde Subsedye shall be rated and set accordinge to the rate abouesayde of and for euerye pounde that the same spyrituall person or any other to his vse hath by discent bargayne or purchase in fee simple fee tayle terme of lyfe terme of yeares by execution by warde or by copy of courte rolle in any manours landes tenementes rentes seruices offices fees corrodies annuities or hereditamentes after the true iuste and yearelye value thereof after and accordinge as other the kynge and Quenes Maiesties subiectes born within this realme be charged in sourme aboue remembred So that it extende to the yearely value of twentye shyllynges or aboue And yf any person certified or rated by vertue of thys acte be he commissioner or other to anye maner of value doth finde hym selfe greued wyth the same presentment seassynge or taxinge and therevpon complayne to the commyssyoners before whome he shal be rated seassed or taxed or before two of them That then the said commissioners shal by al waies and meanes examen perticulerly and distinctlye the personne soo complaynynge and other his neyghboures by their disrretion of euery his landes and tenementes aboue specified and of euerye his goodes cattells and dettes aboue mentioned and after due examynatyon and perfitte knowledge thereof had and perceaued by the sayd commissioners whiche shall haue power by the aucthoritie aforesayde the sayde commissyoners or two of them to whome any suche complaynt shal be made by theyr discretions vpon the oth of the sayde personne soo complaynyng maye abate defalke encrease or enlarge the same assessemēt accordynge as it shall appeare vnto them iuste vpon the same examynation And the same Summe so abated defaulked encreased or enlarged to be streated in fourme as hereafter ensueth so that he come before the estreates of the same assessynge be deliuered by the sayde commissioners into the kyng and Queenes maiesties escheker And if it be proued by wytnesse his owne confessyon or other lawefull wayes or meanes within a yeare after any such othe made that the same person so taxed and sworne was of any better or greter value in lands goods or other thynges aboue specifyed at the tyme of hys sayd othe then the fame person so sworne did declare vpon his sayde oth that then euerye such person so offending shall lose and forfeyte to the kyng and quenes maiesties so much in lawefull mony of Englande as the said person so sworne was set at or taxed to paye And al persons set rated and taxed as is aforesayd shal be bound and charged by the same and the somme or sommes vpon hym set to be due towardes the payment of the sayde Subsedy and to be leuied as hereafter shal be specified And also it is enacted by the same aucthoritie that euery person to be taxed at the same taxation as is aforesaid shal be rated taxed and set and the somme on him set to be leuied at such place wher he and his famylye at the tyme of the same presentment to be made shall kepe hys house or dwellyng or where he then shal be mooste conuersaunte abydynge and resyaunte or shal haue hys most reforte and shal be best knowen at the tyme of the sayde certificate to be made and no where els And that no commissyoner for thys Subsedy shal be rated or taxed for his goodes or landes but in the Shire and other place where he shall be commissioner And that yf any person chargeable to thys acte the tyme of the sayde assessyng happen to be out of thys realme and out of Wales or farre from the place where he shal be knowen then he to be sette where he was last abydynge in thys Realme or within Wales and best knowen and after the substaūce and value and other profites of euery person knowen by thexamination certificate and other maner of wyse as is aforesayde The sayde commissioners or as manye of them as shal be appoynted by the kyng and quenes Maiesties commission shall after the rate aforesayd set and taxe euery person according to the rate of the substaunce and value of his lands goodes and other proffyttes whereby the gretest and most best somme accordyng to his mooste substaunce by reasonne of thys acte myghte or maye be sette or taxed PROVIDED alwaies that euery such person whych shal be set or taxed for payment of and to this Subsedy for and after the yearely value of his landes tenementes and other real possessions or proffites at the sayde taxations shal not be sette and taxed for his goodes and cattels or other moueable substaunce at the same taxation And that he that shall be charged or tared for the same Subsedy for his goodes cattels and other moueables at the same taxation shall not be charged taxed or chargeable for his landes or other real possessions or proffits aboue sayd at the same taxation nor that anye person be double charged for the sayde Subsedy neither set or taxed at seuerall places by reason of thys acte any thing conteined in this presente acte notwithstandyng AND that it be ordeyned by the same aucthoritie of thys present parlyament that no person hauynge two mansions or two places to resorte vnto or calling him selfe householde seruaunte or waitinge seruaunt to the kyng and quenes Maiesties or other lord or lady maister or maistres be excused vpon hys saying from the raxe of the said Subsedy in nether of the places where he may be set onlesse he bring a certifycate in writyng from the commissioners wher that he is soo sette in dede at one place And if any person that ought to be set by reson of his remouyng or resorting to two places or by reason of his saying that he ells wher was taxed or by reason of any priuilege by his dwellynge or abydynge in any place not beyng forprysed in thys acte or otherwyse by hys couine or craft happen to escape from the sayde taxations and be not set and that proued by presentment examination or informatiō before the same commyssyoners or asmanye of them