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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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charged or appoynted to find haue and maynteyne by this present acte AND BE IT further enacted by thaucthoritie aforesayde that yf any personne chargeable by this acte as is aforesayde shall by the space of any thre whole monethes after the sayde fyrst daye of Maye lacke or wante the sayde number and kindes of horses geldinges armoure weapon and furniture aforesayde or any of them after suche rate proportion maner and fourme as is in this acte aboue limitted declared and appoynted That then euery suche personne shall forfeyt and loose for euery suche thre monethes that he shall so lacke and want the same number and kyndes of horses geldinges armoure weapon and furniture or any parte thereof for euery horse or geldynge so lackyng ten poundes and for euery dimilaunce and turniture of the same thre poūdes and for euery corselet and furniture of the same xl.s and for euery almayne ryuette cote of plate or brigandine and the furniture of the same xx.s and for euery bow shefe of arrowes byl halbert haque but steele cappe scull moryan and salette x.s the one moytie of which said forfeytures shal be to the kinge and Quene oure Soueraygne Lorde and Ladye and to theyres and successours of the same our soueraygne ladye and the other moytye to him or them that wyll sue for the same in any courte of recorde by byll playnte action of debte or information in the whiche byl playnt action or information no wager of lawe essoyne or protection shall be allowed or admitted AND BE IT further enacted by the aucthoritie aforesayde that the inhabitauntes of euery citie boroughe towne parishe and hamlette within this realme other then suche as are speciallye charged before in this acte shall haue fynde kepe susteyne and mainteyne at theyr common charges and expences suche harnes and weapon and as muche therof as shal be appoynted by the comissioners of our sayd soueraigne lorde and ladye and of the heyres and successours of the same our soueraygne lady for the musters or vewe of armour within suche citie boroughe towne paryshe or hamletre there to be kepte in suche place as by the sayd comissioners shall be apoynted And the numbers and kindes therof to be wrytten and comprised in a payre of indentures to be made betwene the sayde commissioners or two of them at the leaste and twelue eyghte or foure of the chiefest of euery suche citie borough towne parishe or hamlette wherof one part to remayne with the cheif officer of the same citie borough towne paryshe or hamlette and the other part to remayne with the clerke of the peace of the shyre or countye where euery iuche citie towne borough paryshe or hamlette shall stande or be And if the same inhabitauntes of euery such citie borough towne paryshe or hamlette other then suche as are speciallye as is aforesayde charged shall lacke or wante suche harnes or weapons or any parte thereof as shall be vnto them appoynted by the sayd comissioners for the musters or vewe of armoure as is aforesayde by the space of any thre monethes together next after any such appointment made that then the same inhabitauntes shall forfeyte for euery the sayd thre monethes for euery suche harnes or weapons so lackyng after the rate aboue limitted the one moytie therof to be to our sayde soueraigne lord and ladye and to theyres and successours of our said soueraygne lady and thother moytie to hym or them that wyll sue for the same in any of the courtes of recorde of our sayd soueraygne lorde and Ladye and of the heyres and successours of the same oure soueraigne Ladye by byll playnte action of debte or information wherein no wager of lawe essoyne or protection shal be admitted or allowed AND BE IT further enacted by thauctoritie aforesayde that the lord Chauncellour of Englande for the tyme beynge shall haue full power and aucthoritie by vertue of this presente acte frome time to time to graunte out commissions vnder the great seale of England to the Iustices of peace within euery shyre or countie of this realme or to so many of them as by his discretion shall be thought mete and conueniente for the appointinge and limittinge of the sayd harnesses and weapōs to be founde kept and mainteyned in euery such citie borough towne parishe and hamlette at the common charges of the inhabitauntes thereof as is aforesayde Prouided alwayes that this acte or any thinge therein conteyned shall not extende to take awaye or discharge any tenaunt or fermour of his seruice or couenaunte towardes his Lorde for the fyndinge of horse armoure or weapon or for doynge of seruice by him selfe or anye other whiche by the tenure of his lande or ferme he is bounde to do at the time of makinge of this acte but that he shall yelde paye and doe the same in as large ample maner and fourme as though this act had neuer bene had ne made AND be it further enacted by thaucthoritie aforesayd that the iustices of peace of euery Shire shal haue power and aucthoritie by vertue of this acte from time to time to make search and vewe of and for the sayd furnytures of horses geldinges armour and weapon to be founde mainteined and kept by any person abouesaid hauynge lordshyppes manors houses landes meadowes pastures or woodes to the clere yerely value of CC. poundes or vnder and not aboue the yearely value of CCCC pounds or to be found mainteined or kept by any person or persons chargeable by this act by reason of hys or their goodes cattels annuities fees or copyholdes as is aforesayd and to heare and determine at their quarter Sessions all and euery the defaultes committed or done contrary to this acte within the countye where suche Sessions shal be kept by inquisition presentment byl or informatyon before them exhibited or by examination of two lawefull wytnes at the discretion of the same Iustyces to award processe therevpon as though they were indicted before them by verdict of .xii. men or more And vpon the conuiction of the offender by informatiō or suit of anye other then the kinge or the quene or of theires or successours of the quene to make estreates of the one moitie of the said forfeytures to be leuyed to thuse of oure sayd soueraygne lorde and lady or of theirs or Successors of the same our soueraigne lady as they vse to doo of other fynes issues and amercyamentes growynge in the Sessyons of peace and to awarde execution of the other moytie for the compleynaunte or informer agaynste the offender by fieri facias or capias as the kinges Iustices at westminster may doo and vse to doo And yf any such conuiction shal hereafter happen at thonely sute of oure sayde soueraygne lorde and ladye or of the heires or successoures of the same our Soueraygne lady that then the whole forfeytures to be estreated and leuyed to their vses onelye AND BE IT FVRTHER enacted by the aucthorytie aforesayde that whensoeuer anye
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
peace or any of them presented or indicted of any thoffēces aforesaid that thē the said iustices of assise or iustices of peace before whom suche indytement or presentment shal be taken or had shal and may by the aucthoritye of this act award such proces against euery such person or persons so indited as vpō inditements of trespas is vsed and accustomed to be made if any such persō or persons so indited do appere before the said iustices confesse the same or plede to the same indytementes after by verdycte of .xii. menne shal be of any the sayde offences conteyned in such inditemēt or inditements conuicted that thē the said Iustyces before whō any such conuyction shal be so had shal may award such person or persons so conuycted vnto pryson there to remayne without bayle or maynepryce vntyll such tyme as he or they haue payd or satisfyed the moytie of the forfeiture aforesayd vnto the kyng and quenes maiesties vse and thother moitie therof vnto hym or them that shal come before the sayd Iustyces and geue euidence agaynst the partye to be conuicted at the time of the sayd conuiction and by whose euydence he shal be of the said offēce conuicted And yf any such cōuiction shal be had wtout any euydence openly giuen by any person or persons that then the partye conuicted as aforesayd shal remayne in prison as is aforesayd vntil he haue satisfyed the hole forfeiture to the king and quenes maiesties vse PROVIDED alwayes and be it further enacted by thauctoritie afore sayd that yf any the offences aforesayd touching captaines pety captaynes or other hauyng charge of men shal be committed durynge the time that any army or number of mē being vnder a lieuten aunt shal be assembled and continue together or by any captaine pety captaine or other hauyng charge of men that shal serue vnder any lord warden or other cheiftayne that then vpon complaint thereof the lord lieutenaūt or the lord warden or other cheyftayne durynge the tyme of anye hys or their commyssyon shall and maye heare order and determyne the same offences by hys or theyr dyscretyons Prouyded alwayes that thys acte nor any thyng therein conteined shall not in any wise extend to take awaye or discharge any tenaunte or fermoure of hys seruice or couenaunt towardes hys lord for the findynge of horse armor or weapon or for doynge of seruyce by hym selfe or by any other whych by the tenure of hys lande or otherwyse is boūden to do before the makyng of thys acte but that he shal yelde do and paye the same in as ample maner and forme as though this arte had never bene had or made Prouyded also and be it further enacted by thaucthoritie aforesayd that yf any such capytayne pety captaine or other hauynge charge of men as is aforesayd shal be at anye tyme hereafter conuycted or ordered by vertue of thys acte for anye of hys offences aforesayde that then the same Capytaine petie Capitaine or other hauing charge of mē as is aforesaid so conuicted shal not otherwise or eftsones be vexed troubled sued or conuicted for the same offence whereof he shal be so before conuicted or ordered AND where one braunch or article conteyned in the statute made in the seconde and thyrde yeare of the reygne of the late kynge Edwarde the syxte intituled an acte touchinge the true seruyce of Captaynes and Souldyoures whereby the departure of anye Souldyoure seruynge as in the sayde acte is expressed wythoute lycence of the lyeutenaunte or other offycer or offycers named in the sayde acte or in their absence of their deputies was made felonye is of noo force strengthe ne effecte at thys presente by reasonne of the acte of repeale of certayne treasonnes felonyes and primynyre made in the first session of the parliament holdē at Westminster in the fyrstyere of the Quenes maiesties reygne Be it for good and reasonable consideratyons enacted and establyshed by thaucthoritie of thys present parliament that the sayd braunch or article and euerye sentence and matter therin conteyned be from henceforth holy reuyued and recontynued and be and remayne in full strength and effect to al intentes cōstructions and purposes the sayde acte of repeale notwithstandynge And that al and euery other article clause prouyso and matter conteined in the same acte shall stand remayne and be in their full force strengthe and effecte Any thing in this acte conteined to the contrary notwithstandynge AND yet neuerthelesse wherin the sayd acte it is prouyded that no person or persones should be charged for the takynge or receyuynge of any gyfte or rewarde of anye of hys or their tenauntes or frendes towardes the releyfe ayde or helpe of the same personnes beynge commaunded to serue in warres or otherwyse to fynd men on horsebacke or on fote within thys realme or withoute nor for the gyfte rewarde ayde or helpe reserued or couenaunted to be payde or gyuen to any person appoynted to serue in warres or to fynde horse or men to serue by reason of any graunt couenaunte reseruation custome or tenure any thyng in the sayd acte to the contrary notwithstanding as by the said acte and prouyso more playnely it doth and maye appeare Be it enacted by thaucthoritie of this presēt parliamēt the no person or persons shal or may by coulour of the said prouiso or of any wordes or matter therin conteyned exact or demaund or leuy any summe or summes of mony horse armoure or any other thyng other then shalve employed furthwith in the present seruyce of those warres of the kynge and queenes maiesties her heires or successoures for whych it is leuyed the whyche summe or summes of mony horse armoure or other thyng or as much thereof as shal not be spent lost or consumed in the sayd seruyce shal be rendred and restored to such person or persones as payde or delyuered the same vpon the penaltyes and forfeytures conteyned in the said acte PROVIDED alwayes that no person or persons inhabitynge within any cytye borough or towne corporate being a countye of it selfe or in whych any Iustices of peace be or herealter shal be by charter shal be compellable by vertue of thys acte to make his or their apparaunce with such furniture as is aforesayd at any muster hereafter to be had or taken out of the Suburbes precinct or lyberties of the same Citye Borough or Towne nor before any person or persons aucthorysed by cōmission or otherwise as is aforesaid onlesse the maior or other hed of fycer of such citie borough or towne one other discrete inhabitaunt of the same at the least be ioyned in the same commission or other aucthoritie as is aforesayd with the same other person or persons so aucthorised any thing before mentioned to the contrary notwithstāding AN ACTE that accessaries in murder and dyuers felonies shall not haue the benefit of clergie The .iiii. Chapter FOR THE due punysshmente of suche as commaunde counsell or hire any