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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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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
or by obligation of euerye personne so by them to be named to be bounden to the kynge and Queenes Maiesties in the double Summe of theyr collection and to be endorced vppon suche condition that yf the sayde collectoure or collectoures doo truelye contente and paye to the vse of the kynge and Quene in theyr receypt of theyr Eschequer before the sayde tenth daye of Nouember nowe nexte ensuynge so muche of the Summe of money allotted and appointed to his collection as the same Collectoure shall haue collected and gathered And do lyke wyse after the sayde tenthe daye of the moneth of Nouember contente and paye to the kynge and Quenes Maiesties vses at the same receypte the residue of his collection charge wtin one moneth next after such tyme as he shal haue gathered and collected the same residue that then the sayde recognysaunce or obligation to be voyde or elles to stande in his full strength and vertue whiche recognisaunce or obligations soo taken the sayde knyghtes of the Shyre Citisens and Burgesses and euerye of theym takynge anye suche recognisaunces or oblygatyons shall certysye and delyuer to the Lorde Treasurer and Baronnes of the same Eschequer before the sayde tenth daye of Nouember nowe nexte ensuynge vppon payne of forfeyture of ten pounde to the Quene for euerye recoguysaunce or oblygation soo to be taken and not certified And that euerye inche collectoure vpon requeste to him made shal make and knowledge the same recognisaunce or obligation according lye vpon like payne and forfeiture of tenne pounde to the Queene for his refusall thereof And that the Treasurer or Barons of the escheker vpon the payment of the same collection or at the sayde daye shal cancell and delyuer the sayde recognisaunce or obligation to the sayde collectour or collectours without any fee or rewarde to be payde to anye person for the same And furthermore for the greate and weyghtye considerations aforesayde we the Lordes Spirituall and Temporall and Commons in this present Parliament assembled do by oure like assente and aucthoritie of this Parlyamente geue and graunte to oure sayde Soueraygne Lady the Quenes Maiestie her heyres and Successours one entyer Subsedye to be rated taxed leuyed and payde at one hole and entyre paymente of euerye personne Spyrytuall and Temporall of what estate or degree he or they be accordynge to the tenure of thys acte in manner and fourme folowynge That is to saye as well of euery personne borne within this realme of Englande Wales or other the Quenes dominions as of all and euery Fraternitie Guild Corporation Misterye Brotherheade and Cominaltye corporated or not corporated within this Realme of Englande Wales or other the quenes dominions beynge worth fyue pounde for euerye pounde as wel in coyne and the value we of euerye pounde that euerye suche personne Fraternitie Guylde Corporation Mysterye Brotherheade and Comynaltye corporate or not corporate hath of his or theyr owne or any other to his or theyr vse as also plate stocke of marchaundises all maner of corne and blades householde stuffe and of all other goodes moueable as well within the Realme as without and of all such summes of money as to him or them is or shal be owyng wherof he or they trust in his or their consciences surely to be payde excepte and out of the premisses deducted suche summes of money as he or they owe and in his or theyr consciences truely intendeth to paye and excepte also the apparell of suche personnes theyr wyues and chyldren belongynge to theyr owne bodies sauynge Iuelles golde syluer stone and pearle shall paye to and for the sayde Subsedy two shillinges eyght pence of euery pounde And also of euerye alien borne oute of the Queenes obeysaunce as well Denizen as other inhabitinge within the Realme of euerye pounde that he or they haue in coyne and the value of euerye pounde in plate corne grayne marchaundise householdestuffe or other goodes Iuelles Cattelles moueable or vnmoueable as is asoresayde as well within this Realme as without and of al summes of monye to him or them owyng whereof he or they trust in his or theyr conscience or consciences to be payde excepte and of the same premisses deducted euery suche Summe or summes of mony which he or they doo owe and in his or theyr conscience or consciences intendeth truely to pay shal pay of and for euery pounde to and for the payment of the sayde Subsedy fyue shyllinges iiij.d for euery pounde And also that euery alien and straunger borne oute of the queenes dominions beynge denizen or not denizen not beynge contrybutorye to anye of the rates abouesayde shall paye to and for the paymente of the sayde Subsidy eyght pence foreuery poll and the mayster or he or she with whome the same alien is or shal be abidinge at the tyme of the taxation or taxations thereof to be charged with the same for lacke of payment thereof And be it further enacted by the aucthoritie aforesayde that euery person borne vnder the quenes obeysaunce and euery corporation fraternitie guylde misterye brotherheade and cominaltie corporate or not corporate for euery pounde that euerye of the same personnes and euery corporation fraternitie guylde mystery brotherhead and cōminaltie corporate or not corporate or anye other to his or their vse hath in fee simple fee tayle for terme of lyfe terme of yeares by execution wardeshyppe or by copye of courte roll of and in any honoures castels Manours landes tenementes rentes seruices hereditamentes annuities fees corrodies or other yearelye profyttes of the yearelye value of twentye shyllynges as well within aunciente demeane as other places pryuyleged as elles where and so vpwardes shall paye to and for the paymente of the sayde Subsedy foure shyllynges of euery pounde And euerye alien borne oute of the Quenes obeysaunce in suche case to paye at the sayd payment eight shyllynges of euery pound And that all summes presented and chargeable by this acte either for goodes and debtes or for landes and tenementes and other the premisses as is in this acte conteyned shal be at the sayde payment set and taxed after the rate and portion accordynge to the true meaninge of this acte landes and tenementes chargeable to the dysines of the clergy and yearlye wages due to seruauntes for their yearelye seruyce other then the kinge and Quenes seruauntes takynge yearelye wages of fyue poundes or aboue onely except and forprysed And that all plate coyne iuelles goodes debtes and cattelles personnalles beynge in the onelye custodye of anye personne and personnes to the vse of anye corporation fraternitie Guilde misterye brotherhead or anye comminaltie beynge corporate or not corporate be and shall be rated set charged by reason of this act as the value certified by the presenters of that certificate to be sworne of euerye pounde in goodes and debtes as is abouesayde And of euery pounde in landes tenementes annuities fees corrodies or other yearely profittes as is abouesayde And the sommes that
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
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