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A23013 Anno primo Reginæ Elizabethæ at the Parliament begunne at Westminster, the xxiij of Januarie, in the fyrst yere of the raigne of our soueraigne lady Elizabeth, by the grace of God, of Englande, Fraunce, and Irelande, queene, defender of the fayth &c., and there prorogued till the xxv. of the same moneth, and then and there holden, kept, and continued, vntyll the dissolution of the same, being the eight day of May then next ensuyng, were enacted as foloweth.; Laws, etc. (Session laws : 1559 Jan.-May) England and Wales.; England and Wales. Sovereign (1558-1603 : Elizabeth I) 1572 (1572) STC 9460; ESTC S4086 98,906 110

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within .vi. weekes next after his conuiction that then euery person so conuict and so not paying the same shall for the same first offence insteede of the sayde summe suffer imprysonment by the space of .vi. monethes without baile or mainprise And if any person or persons that for his seconde offence concernyng the premisses shal be conuicte in fourme aforesayd do not pay the saide summe to be paide by vertue of his conuiction and this estatute in such maner fourme as the same ought to be paid within .vi. weekes next after his said second conuiction that then euery person so conuicted and not so paying the same shal for the same second offence in the steede of the sayde summe suffer imprisonmente duryng .xii. monethes without bayle or mayneprise And that from and after the sayde feaste of the Natiuitie of S. Iohn Baptist next comming all and euery person and persons inhabiting within this realme or any other the Queenes Maiesties dominions shall diligently and faithfully hauing no lawful or reasonable excuse to be absent endeuour them selues to resort to their parish Churche or Chappell accustomed or vppon reasonable let thereof to some vsuall place where common prayer and suche seruice of God shal be vsed in suche tyme of let vppon euery Sundaye and other dayes ordeyned and vsed to be kept as holye dayes and then and there to abide orderlye and soberlye duryng the tyme of the common prayer preachinges or other seruice of God there to be vsed and ministred vppon payne of punishment by the censures of the Churche and also vpon payne that euery person so offendyng shall forfeyte for euery such offence xii.d to be leuied by the Churchwardens of the parishe where such offence shal be done to thuse of the poore of the same parish of the goodes landes and tenementes of suche offendour by way of distresse And for due execution hereof the Queenes moste excellent Maiestie the lordes temporall and all the commons in this present parliament assembled doth in Gods name earnestly require charge al the Archbyshopes Byshopes other Ordinaries that they shal endeuour them selues to the vttermost of their knowledges that the due and true execution hereof my be had throughout their diocesse and charges as they will aunswere before God for such euilles plagues wherwith almighty God may iustly punish his people for neglecting this good and holesome law And for their aucthoritie in this behalfe be it further enacted by the aucthoritie aforesayde that all and singuler the same Archbishops Byshops and all other their officers exercising Ecclesiasticall iurisdiction aswell in place exempt as not exempt within their diocesse shall haue full power and aucthoritie by this acte to refourme correct and punish by censures of the Churche all and singuler persons whiche shall offend within any their iurisdictions or diocesse after the sayde feaste of the Natiuitie of S. Iohn Baptist next comming agaynst this acte and statute any other law statute priuiledge libertie or prouision heretofore made had or suffered to the contrary notwithstandyng And it is ordeyned and enacted by the aucthoritie aforesayde that all and euerye Iustices of Oyer and determiner or Iustices of Assise shall haue full power and aucthoritie in euery of their open and generall Sessions to enquire heare and determyne all and all maner of offences that shal be committed or done contrary to any article conteyned in this presente acte within the limites of the Commission to them directed and to make processe for the execution of the same as they may do agaynst any person beyng indited before them of trespas or lawfully conuicted thereof Prouided alwayes and be it enacted by the aucthoritie aforesayde that all and euery Archbyshop and Byshop shall or may at all tyme and tymes at his libertie and pleasure ioyne and associate hym selfe by vertue of this acte to the sayd Iustices of Oyer and determiner or to the sayde Iustices of Assise at euery of the sayde open and generall Sessions to be holden in any place within his diocesse for and to the enquirie hearing and determining of the offences aforesayde Prouided also and be it enacted by the aucthoritie aforesayde that the bookes concernyng the sayde Seruices shall at the costes and charges of the parishioners of euery parishe and Cathedrall Church be attayned and gotten before the saide feast of the Natiuitie of Saint Iohn Baptist next folowyng and that all suche parishes and Cathedral Churches or other places where the said bookes shal be attained and gotten before the said feast of the Natiuitie of Saint Iohn Baptist shall within three weekes next after the sayde bookes so attayned and gotten vse the sayde seruice and put the same in vre accordyng to this acte And be it further enacted by the aucthoritie aforesayde that no person or persons shal be at anye tyme hereafter impeached or otherwyse molested of or for any the offences aboue mentioned hereafter to be committed or done contrarye to this acte vnlesse he or they so offendyng be thereof indited at the next generall Sessions to be holden before any suche Iustices of Oyer and determiner or Iustices of Assise next after any offence committed or done contrary to the tenour of this acte Prouided alwayes and be it ordayned and enacted by thauctoritie aforesayde that all and singuler Lordes of the Parliamenet for the third offence aboue mentioned shal be tryed by their peeres Prouided also and be it ordayned and enacted by the aucthoritie aforesaid that the Maior of London and all other Maiors Bailiffes and other head officers of all and singuler Cities Boroughes and Townes corporate within this Realme Wales and the marches of the same to the whiche Iustices of Assise do not commonlye repayre shal haue full power and aucthoritie by vertue of this acte to enquire heare and determine the offences abouesayde and euery of them yerelye within .xv. dayes after the feaste of Easter and. S. Michaell tharchangell in lyke maner and fourme as Iustices of Assise and Oyer and determiner may do Prouided alwayes and be it ordeyned and enacted by thaucthoritie aforesayde that all and singuler Archbyshoppes and Byshoppes and euery of their Chauncellours Commissaries Archdeacons other Ordinaries hauing any peculier Ecclesiastical iurisdiction shal haue full power and aucthoritie by vertue of this act aswel to enquire in their visitation Synodes and elswhere within their iurisdiction at any other tyme and place to take accusations informations of al and euery the thynges aboue mentioned done committed or perpetrated within the limites of their iurisdictions and aucthoritie to punish the same by admonition excommunication sequestration or depriuation and other censures and processe in lyke fourme as heretofore hath ben vsed in like cases by the Queenes Ecclesiasticall lawes Prouided alwayes and be it enacted that whatsoeuer person offendyng in the premisses shal for their offences fyrst receaue punishment or the Ordinarie hauing a testimoniall thereof vnder the sayde Ordinaryes Seale shall not for the same offence eftsoones
successours of and from the sayde firste fruites any thyng in the sayde acte of first fruites and tenthes made in the sayde .xxvi. yere of the raigne of the sayde late kyng Henrye the eight or in this acte of repeale or anye other acte or actes before recited to the contrary thereof in any wyse notwithstandyng Prouided alwayes and be it enacted by the aucthoritie aforesayde that if any Incumbent of any suche promotion spirituall as is aforesayde charged or chargeable to the payment of the sayde firste fruites happen to liue to th end of one halfe yere next after the last auoydance of the same promotion spirituall so as he hath receaued or without fraud or couin might lawfully haue receaued or enioyed the rentes or profites of that halfe yere and before the ende of the other halfe yere then nexte folowyng shall happen to dye or to be lawfullye euicted remoued or put from the sayde promotion spirituall by iudgement in any action at the common lawe without fraude or couine that then euery suche incumbent his heyres executours administratours and suerties shal be charged and chargeable but only with the fourth part of the first fruites due to be payde for suche his promotion and with no more of the saide first fruites any thing in this acte conteyned or any bonde or writing to be made for the payment of the sayde first fruites or any other matter or cause to the contrary notwithstanding And yf it shall shall happen any suche incumbent to lyue by the space of one whole yere next after the last aduoidaunce of the same promotion spirituall and after before the ende of one halfe yere then next folowyng shall fortune to dye or to be lawfully euicted remoued or put from the sayd promotion spiritual by iudgement in any action at the common lawe without fraude or couine that then euery suche incumbent his heyres executours administratours and sureties shal be charged and chargeable but only with the moytie and one halfe of the first fruites due to be payde for suche his promotion spirituall and with no more of the same first fruites any thyng in this acte conteyned or any bonde or wrytyng obligatorie to be made for the paiment of the same fyrst fruites or any other matter or cause to the contrary notwithstanding And yf it shal happen any suche incumbent to lyue to the ende of one whole yere and a halfe next after the last auoydaunce of suche promotion spirituall and after and before the ende of sixe monethes then next folowyng shall fortune to dye or to be lawfully euicted remoued or put from the sayde promotion spirituall by iudgement in any action at the common lawe without fraude or couine that then euery suche incumbent his heyres executours administratours and sureties shal be charged and chargeable but onely with three partes of the first fruites of the same promotion spirituall in foure partes to be diuided and with no more any thyng in this acte conteyned or any bond or writing obligatorie had or made for the payment of the saide fyrst fruites or any other matter or cause to the contrarye notwithstandyng And yf it shall happen any suche incumbent to lyue to the ende of two whole yeres next after the last auoydaunce of the same his promotion spirituall and not to be lawfully euicted remoued or put from the same promotion spirituall as is aforesayd that then euery suche incumbent his heyres executours administratours and sureties shall content and pay to our sayde Soueraigne Ladye the Queene her heyres and successours the whole fyrst fruites due to be payde for the same promotion spirituall accordyng to the estatutes aforesayde Prouyded also and be it enacted that all grauntes immunities and liberties geuen to the Vniuersities of Cambridge and Oxforde or to any Colledge or Hall in either of the said vniuersities and to the Colledges of Eton and Winchester and vnto euery or any of them by our late Soueraigne Lord king Henry the eyght or any other of the Queenes hyghnesse progenitors or predecessors or by act of Parliament for or touchyng the release or dischardge of the sayde first fruites and tenthes or any part thereof shal be alwayes and remayne in their full strength and vertue and that all suche lawfull conueyaunces and assuraunces in the lawe as were had or made before the makyng of this acte to eyther of the sayde vniuersities of Oxforde and Cambridge or to any Colledge or Hall within any of them by what name or names soeuer they or any of them be incorporated or named of any of the sayd personages or benefices impropriate or of any part of the same or of any patronages for the maintenaunce of studentes or learnyng shal be as good and effectuall in the lawe to all intentes constructions and purposes as though this acte had neuer ben made And be it further enacted by the aucthoritie aforsayde that the Deane and Canons of the free Chappell of S. George the Martyr within the Castle of Windsor and all the possessions and hereditamentes of the same free Chappell Deanrie and Canons by whatsoeuer name or names they be incorporated or knowen shall be exonerated and shall stande for euer discharged of the tenthes and firste fruites before mentioned any thing in this acte or any other acte or statute before mentioned to the contrarie thereof in any wyse notwithstandyng Prouided also and be it enacted that all leasses made before the twentie day of December last past for .xxi. yeres or three lyues at the moste by any person or persons bodyes polytike or corporate beyng lawfully seased of or in any of the sayde personages impropriate or of or in any other the premisses wont commonly to be let or set to ferme then being out of leasse or wherof there was not at the time of the making of the sayde leasse or leasses any former leasse to endure aboue one yere then to come at the moste and vppon whiche newe leasse or leasses the olde yerely rent accustomably wont to be payde for the same by the space of .xx. yeres last before the makyng of suche leasse or leasses or more yerely rent is reserued and payable duryng the sayde terme and all other lawfull grauntes by them or any of them heretofore made of any office or offices in olde tyme wont commonly to be graunted and all giftes and grauntes of any personage or personages impropriate heretofore belongyng to the Archdeaconrie of Welles in the Countie of Somerset or to the incumbent of the same office or dignitie or to the incumbent of the same lately geuen and restored shal be as good and effectuall in the law as though this acte or any thing therein conteyned had not ben had or made And be it further enacted by the aucthoritie aforesayde that the sayde Archdeaconrie and all Rectories and spirituall promotions geuen assigned lymited or appoynted to the same and all and euery incumbentes and incumbent whiche hereafter shall be presented collated preferred and admitted vnto the
place where he shal be Commissioner and that if anye person chargeable to this acte at the tyme of the same assessing happen to be out of this Realme and out of Wales or farre form the place where he shal be knowen then he to be set where he was laste abydyng in this Realme or within Wales and best knowen and after the substaunce and value and other profites of euerye person knowen by the examination certificate and other maner of wyse as is aforesayde The sayde Commissioners or as manye of them as shal be appoynted by the Queenes Maiesties Commission shall after the rate aforesayde set and taxe euery person accordyng to the rate of the substaunce and value of his landes goodes and other profites whereby the greatest and moste best summe accordyng to his moste substaunce by reason of this acte myght or maye be set or taxed Prouided alwayes that euerye suche person whiche shal be set or taxed for payment of and to this subsidie for and after the yerely value of his landes tenementes and other reall possessions or profites at any of the sayde taxation shall not be set and taxed for his goodes and cattels or other moueable substaunce at the same taxations And that he that shall be charged or taxed for the same Subsidye for hys goodes cattels and other moueables at anye if the sayd taxations shall not be charged taxed or chargeable for hys landes or other reall possessions and profites abouesayd at the same taxations nor that anye person be double charged for the sayde Subsidye neither set or taxed at seuerall places by reason of this acte any thing conteyned in this present acte notwithstanding AND that it be ordeyned by the sayde aucthoritie of this present Parliamente that no person hauyng two mansions or two places to resorte vnto or calling hym selfe housholde seruaunte or wayghtyng seruaunte to the Queenes Maiestie or other Lorde or Layde Maister or Maistres be excused vpon his saying from the taxes of the sayde subsidie in neyther of the places where he may be set vnlesse he bryng a certificate in wrytyng from the Commissioners where that he is so set in dede at one place And if any person that ought to be set by reason of his remouyng or resorting to two places or by reason of his saying that he els where was taxed or by reason of anye priuiledge by his dwellyng or abydyng in anye place not beyng forprised in this acte or otherwyse by his couin or crafte happen to escape from the sayde taxations and be not set and that proued by presentment examination or information before the sayde Commissioners or as manye of them as shal be by the same commission appoynted or by the Barons of the Queenes Maiesties Exchequer or two Iustices of the peace of the Countie where such person dwelleth then euerye such person that by such meanes or otherwyse willingly by couin shal happen to escape from the sayde taxation or payment aforesayde and not to be rated taxed and set shal be charged vpon the knowledge and proofe thereof with and at the double value that he shoulde or ought to haue ben set at afore accordyng to his bahauiour The same double value to be leuyed gathered and payd of his goodes and cattels landes and tenementes towardes the sayde subsidie And further to be punished accordyng to the discretions of the Barons Iustices and Commissioners before whom he shal be conuicted for his offence and deceipte in that behalfe AND further be it enacted by the aucthoritie aforesayde that the sayde Commissioners or euerye commission shall accordyng to their diuisions and after they be deuided haue full power and aucthoritie by this acte to set taxe and sesse euerye other Commissioner ioyned with them in euerye suche commission and diuision And shall also assesse euery assessour within their diuision for his and their goodes landes and other the premisses as is abouseayde By the which sayde Commission the said Commissioners shall indifferentlye set taxe and assesse them selues and the sayde assessours And that aswell the summes vpon euery of the sayde Commissioners and assessours so sessed rated and taxed as the summes made and presented by the presenters sworne as is abouesayde shal be wrytten certified set and estreated and the estreates thereof to be made with other the inhabitauntes of that parties within the limits of the same commission and diuision so to be gathered and leuyed in lyke maner as it ought or shoulde haue ben if the sayde Commissioner had not ben in the sayde commission And that all persons of the estate of a Baron or Barons and euerye estate aboue shal be charged with their free holde and value as is abouesayde by the Chauncellour or keper of the greate Seale Treasurer of Englande Lorde President of the Queenes Maiesties priuie counsell Lord priuie Seale for the tyme being or other persons by the Queenes Maiesties aucthoritie to be limited they to be charged for the saide seuerall paymentes of the sayd subsidie after the fourme of the sayd graunt accordyng to the taxation aforesaid and the summes vppon them set with the names of the Colloctours appoynted for the gathering paying of the same to be estreated delyuered and certified at dayes and places aboue specified by the Lorde Chauncellour or keper of the great Seale Treasurer Lord president of the counsell Lord priuie Seale for the tyme beyng or suche other persons as shal be limited by the Queenes Maiestie And after the taxes and assesses of the said summes vpon and the said assessing and certificate as is aforesayde made the sayde Commissioners or as many of them as shal be thereunto appoynted by the Queenes Maiesties commission shal with all spede and without delay by the writing estreated of the sayde taxe thereof vnder the seales and signes manuel of the said Commissioners or as may of them as shal be appoynted at the leaste to be made shal be delyuered vnto sufficient and substantiall inhabitauntes Constables Subconstables Bayliffes and other officers ioyntly of Hundredes Townes Parishes and other places aforesayd within their limites or to other sufficient persons inhabitauntes of the same only by the discretion of the sayde Commissioners and as the place and parties shall require aswell the perticuler names surnames as the remembraunce of all summes of money taxed and set of and vpon euery person aswell man as woman chargeable to this act housholder and all other inhabitauntes and dwellers within the sayde Parishes Townes and places contributorie to this acte of subsidie By aucthorite of which wrytyng or estreat so delyuered the said officers and other persons so named and deputed seuerallye shall haue full power and aucthoritie by vertue of this acte immediatly after the deliuery of the sayde writing or estreat to demaund leuy and gather of euery person therein specified the summe or summes in the same wryting or estreate comprised And for none payment thereof to distrayne the same person or persons so beyng behynde by their goodes
anye person or persons for the same vpon the payne penaltie last abouesayde and not to be charged for anye portion of anye other collectour And yf anye commissioner after he hath taken certificate of them that as is aforesayde shall before any such commissioner be examined and the summes rated and set and the bookes and wrytynges thereof beyng in his handes or yf anye collectour or other person charged with anye receipt of any part of the sayde subsidie or any other person taxed or otherwyse by this acte charged with and for any parcell of the sayde subsidie or with anye other summe or fine amerciament penaltie or other forfayture happen to dye before the commissioner collectour or other whatsoeuer person or persons haue executed accomplyshed satisfied or sufficiently discharged that which to euery such person shall apparteyne or belong to do according to this acte then the executours and heyres of euery suche person and all other seased of any landes or tenementes that any suche person beyng charged by this acte and disceaslyng before he be discharged thereof or any other to his vse onely had of estate of inheritaunce at the tyme that anye suche person was named commissioner collectour or otherwyse charged with and for any maner of thyng to be done satisfied or payde by reason of this acte and all those that haue in theyr possessions or handes any goodes or cattels leasses or other thinges that were to any such person or persons at the tyme of his death or any landes or tenementes that were the same persons at the tyme he was as is aforesayd charged by this act shal be by the same compelled and charged to do and accomplyshe to do in euery case as the same person so beyng charged shoulde haue done and myght haue ben compelled to do yf he had ben in playne lyfe after such rate of the landes and goodes of the said commissioner or collectour as the partie shall haue in his hand And yf the sayde commissioners for causes reasonable then mouing shall thynke it not conuenient to ioyne in one certificate as is aforesaid thē the said person or persons that shall first ioyne together or he that shall first certifie the saide writing indented as is aforesayde shall certifie all the names of the commissioners of that commission wherupon suche wrytynges shal be there then to be certified with diuision of the Hundredes Wapentakes Wardes tythynges or other places to and among suche commissioners of the same commission with the names of the same commissiners where suche separations and diuision shal be with the grosse summes of money aswell of and for the sayd subsidie taxed or set of or within the sayd Hundredes Wardes Wapentakes or other places to him or them diuided or assigned that shall so certifie the sayde firste writing as of fines amerciaments penalties or other forfaitures if any happen to be within the same limites whereof the same wrytynges shal be certified and after such wrytyng indented whiche as is aforesayde shal be certified and not conteyne in it the whole and full summes set and taxed within the limites of the same commission the other commissioners of the same before the day of payment of the sayd subsidie shall certifie into the sayde Exchequer by theyr wrytyng or wrytynges indented to be made as is aforesaid the grosse and seuerall summes set and taxed within the places to them limited for the sayde subsidie and other fines amerciamentes penalties and forfaytures with the names of the Hundredes Wardes Wapentakes and other places to them assigned or els by theyr said wrytinges indented to certifie at the sayde place before the sayde day of payment suche reasonable causes for theyr excuses why they may not make such certificate of and for the sayde subsidie fines amerciamentes and other forfaytures growying or set by reason of the causes of theyr lettes or of theyr none certifiyng as is abouesayde or els in default thereof proces to be made out of the Queenes Maiesties sayd Exchequer agaynst the sayde commissioners and euery of them not makying certificate as is aforesayde by the discretion of the Treasurer or Barons of the sayde Exchequer Prouided alwayes and be it enacted by the aucthoritie aforesayde that the inhabitauntes of the parishe of saint Martin called Stampforde Baron in the Suburbes of the Borough and Towne of Stampforde in the South part of the water there called Welland which hereafter shal be contributory to the payment of this present subsidie graunted to the Queenes Maiestie her heires and successours shal be assessed rated and taxed for this tyme by suche commissioners whiche shal be appoynted for the taxyng ratyng and sessing of suche subsidie or taxe within the Countie of Lyncolne and shal be for this tyme contributory and pay the sayde subsidie to the collectour or collectours whiche shal be assigned and appoynted for the leuying and gatheryng of the same with the Aldermen and Burgesses of the sayde Borough and Towne of Stampforde Prouided alwayes and be it enacted by the aucthoritie aforesayde that all and euerye person and persons hauyng manours landes tenementes and other hereditamentes chargeable to the payment of the subsidie graunted to the Queenes Maiestie by this acte and also hauing spirituall possessions chargeable to her sayde Maiestie by the graunt made by the Cleargie of this realme in their conuocation And ouer this hauyng substaunce in goodes and cattels chargeable by this sayd act that then if any of the saide person or persons be hereafter charged assessed and taxed for the said manours landes and tenementes and spirituall possessions and also assessed charged and taxed for his or their goodes and cattelles that then he or they shal be onely charged by vertue of this acte for his and theyr sayde manours landes tenementes hereditamentes and spirituall possessions or onely for his sayde goodes and cattels the best therof to be taken for the Queenes Maiestie not to be charged for both or double charged for any of them any thyng in this act conteyned to the contrary in any wyse notwithstandyng Prouided alwayes that this graunt of subsidie nor anye thyng therein conteyned in anye wyse extende to charge the inhabitauntes or dwellers in Irelande Iernesey and Garnesey or any of them of or concerning any manours landes tenements or other possessions goodes cattels or other moueable substaunce which the said inhabitauntes or dwellers or any other to their vse haue within Ireland Iernsey Garnsey or in any of them or of for or concerning any fees or wages which any of the said inhabitaunts or dwellers haue of the Queenes Maiestie for their attendaunce doing seruice to our soueraigne Lady in Ireland Iernesey Garnesey or in any of them any thing in this present act to the contrary in any wise notwithstanding Prouided also that this presente acte of subsidie ne anye thing therein conteyned extende to any of the Englyshe inhabitauntes or resiauntes in anye of the Counties of Northumberlande Cumberland Westmerland the