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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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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
of the prouynce of Canterburye accordynge to the tenor purporte effecte and true meaninge of this present instrument The sayde Prelates and Cleargye mooste humblye desire and requyre the kynge and Queenes mooste excellente Maiesties that it maye be enacted by aucthortie of this presente Parlyamente that the prouysyons conteyned in the foresayde graunte shall stande good and effectuall to all intentes and purposes mentioned in the sayde graunte And that all processes and penalties and all other clauses touchynge the payment of the sayde Subsedye and the leuyinge and collection of the same and of euerye percell thereof may be by the sayde Prelates and Cleargye and their lawefull deputies put in due execution accordynge to the true meanynge thereof withoute incurrynge anye penaltyes or daungers of anye lawes and statutes of thys Realme AND for the true and sure paymente of the sayd Subsedye graunted by the said prelates and cleargy of the sayd prouynce of Canterbury accordyng to the tenor effect and true meanyng of the said instrumente Be it enacted by the kynge and Quenes Maiesties with thassente of the lordes spirituall and temporall and the commons in thys present parlyamente assembled and by thaucthoritie of the same that the sayde gifte and graunt and euery matter summe of mony prouision clause and sentence in the sayde instrument conteined be ratified establyshed and confirmed by thaucthoritie aforesayd AND furthermore be it enacted by thaucthoritie aforesayde that euerye personne that shal be appoynted to the collection and gatherynge of the sayde Subsedye shall haue full power and aucthoritie to leuye take and perceyue the same Subsedye by thaucthoritie of the censures of the churche in maner and forme as in the sayde instrument of graunt is conteyned without daunger of the lawes of this realme or by distresse vpon the possession of the fermours or occupyers of the landes and tenementes chargeable by the sayd instrumente for or to the paymente of any summe or summes of monye or otherwyse by the discretion of the collector thereof And that no repleuye prohibition or supersedias shal be allowed or obeyed for any person or persones makyng defaulte of payment of the sayd Subsedy contrary to the tenor of the grauntes thereof vntyll suche tyme as they haue truely satyssyed and contented all suche parte and porcions as to thē in that behalfe apperteyneth And that euerye suche fermoure and fermoures theyr executours and assignes that shall fortune hereafter to be charged to and with the paymente of the sayd Subsedy or anye parte therof shal by thaucthoritie aforesayde be allowed and retayue in his handes as muche of his yerelye rente and ferme as the summe which he shall fortune to paye for his Lorde or Lessor shall extende vnto except the said fermor or fermours their executors and assignes by the lease graūte that they haue of anye parte of the landes and tenementes chargeable to thys saide Subsedye or by force of anye couenaunte or artycle therein conteyned be bounden and charged to paye the same and ther of to discharge their leassor and landlord durynge the terme mentioned in the sayd leasse PROVIDED alwayes and be it enacted by thaucthoritie of thys present parliament that euery laye person hauyng a spirituall promotion chargeable by this acte and also hauynge temporall possessions goodes cattells and debtes chargeable to this Subsedye graunted by the temporaltye shal be charged taxed and set for hys sayd spiritual promocions with the cleargy and for his said temporall possessions cattells with the temporaltye and not otherwyse anye thinge before mentioned to the contrary notwithstandyng And be it further enacted by thaucthoritie of thys present parlyament that the sayd archebyshoppes and Bishoppes and other parsonnes chargeable to and with the collection of the sayd Subsedye of eyghte shyllynges of the pounde within the sayd prouynce of Canterburye shall haue vppon euery payment thereof made in the Queenes courte of the escheker or ells where the kyng and quenes Maiestyes shall appoynte the same to be payed a sufficiente acquittaunce in wrytynge of suche person or persones as their maiesties shall appoynt for the receipte thereof the same acquittaunce witnessing the same receipt of as much of the same summe of the same Subsedy as shall be by any of them so receiued and euery such acquitaunce in wryting sealed and Subcribed with the name or names of euery such person or persones that so by their highnesses appoyntment shall receyue anye of the sayd Summes of monye shal be as good and effectuall in the lawe and also a sufficiente discharge to all intentes constructions and purposes as if it were made by acte of Parlyamente And that euerye personne and personnes which shal haue and receaue anye suche acquytaunce shall paye but onelye two pence for euerye of the same acquyttaunces BEIT also further enacted by the aucthoritie aforesayde that all and euerye graunt and grauntes of all and euery Summe and Summes of moneye whiche hereafter shall be graunted to the kynge and Quenes Maiesties by the cleargye of the prouince of yorke shall be of the same strengthe force and effecte in all thinges as the sayde graunte made by the sayde prouince of Canterburye and shall be taxed certified collected leuied and gathered accordinge to the tenoure fourme and effecte of this presente acte of parliamente to all intentes constructions and purposes in such maner as thoughe it were specially plainlye and perticulerlye expressed and rehearsed in this acte by expresse wordes tearmes and sentences in theyr seuerall natures and kyndes PROVIDED alwayes and be it enacted by the aucthoritie aforesayd that all prouisos before rehearsed conteyned in the sayde graunte of the prelates and cleargy of the prouynce of Canterburye and the lyke or the same prouisions hereafter to be conteyned in the graunte of the prelates and cleargye of the prouince of yorke shall be good and effectuall and to be obserued and kepte in euerye poynte and article accordynge to the true purporte and meanynge of the same AN ACTE of a Subsidie and one fiftene graunted by the temporaltie The .xi. Chapter WE THE KINGE AND Quenes Maiesties Mooste humble faythfull and obediente subiectes the Lordes spyrytuall and temporall and the commons in this presente parliament assembled callynge to oure remembraunce the great and manyfold charges whiche theyr graces haue all readye susteined by the reason of thys present warre that their highnes haue had and yet haue agaynst the frenche kynge and the Scottes the auncyent enemies of this Realme and perceiuinge also that the malyce of the same Frenche kynge and Scottes are suche that they haue and dayly do practise by all dishonorable wayes and meanes with the ayde and power of all theyr confederaties and alies to anoye theyr Maiesties and this theyr Realme and other the dominions of the same and by al lykelyhode yf oportunitie of tyme and place so permitte doo mynde to make some inuasion into sundrye partes of this realme as well vpon the Sea coste as els where
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
or as many of them as by the sayd comission shal be therevnto apoynted at like information of euery person or persons beynge charged with any summe of money for any other person or persons by reason of the sayde Subsedye and not thereof payde but wilfully withdrawen ne the same leuiable within the limites where such persons were thervnto taxed and if the summe or summes beynge behynde vnpayde by any person or personnes as is aforesayde be leuied and gathered by force of the sayde proces to be made by the sayde commissioners or if in defaulte or for lacke of paymente thereof the person or personnes so owinge the sayde summe or summes of money by proces of the same commissioners to be made as is aforesayde be committed to prison in fourme abouesayde that then the same commissioners whiche shall awarde suche proces shall make certificate thereof in the sayde eschequer of that shal be done in the premisses in the terme nexte folowynge after suche summe or summes of money so beinge behinde shal be leuied and gathered or suche person or personnes for none paymente of the same committed to pryson And if it happen anye of the sayde collectours to be assigned or any mayer sheriffe stewarde constable the headborough householder baylif or any other officer or minister or other whatsoeuer person or persons to disobey the sayd commissioners or any of them at the reasonable requeste to theim made by the sayde commissioners for execution of the said commission or yf any of the offycers or other persons do refuse that to them shall appertayne and belonge to do by reason of any precepte to him or them to be directed or anye reasonable commaundement instaunce or requeste touchinge the premisses or other defaulte in any appearaunce or collection to make or if any person being suspect or not to be indifferently taxed as is aforesayde do refuse to be examined accordinge to the tenoure of this acte before the sayde commissioners or as many of them as shal be thervnto assigned as is aforesayde or wyll not appeare before the same commissioners vpon warninge to him made or els make resistaunce or rescues vpon any distres vpon him to be taken for any percell of the sayde Subsidie or committe any misbehauour in any maner of wyse contrary to this acte or committe any wylful omission or other whatsoeuer wylfull not doynge or misdoinge contrary to the tenour of this acte or graunt the same commissioners and euerye nomber of them aboue remembred or two of them at the leaste vpon probable knowlege of any suche misdemenours had by information or examination shall and maye set vpon euery suche offender for euery such offence in name of a fyne by the same offender to be forfeyted xl.s or vnder by the discretion of the same commyssioners And further the same commissioners and euery number of them or two of them at the least shall haue auctoritie by this present acte to punishe euery such offender by imprisonment there to remaine and be delyuered by theyr discretion as shal seme to them conuenient the sayde synes if anye suche be to be certified by the sayd commissioners that so assessed the same into the kynge and quenes maiesties eschequer there to be leuied and payd by the collectoures of that partes for the sayde Subsidie retourned into the sayde eschequer to be therewith charged with the payment of the sayd subsedy in suche maner as if the sayde fynes had ben set and taxed vppon the sayd offenders for the sayd Subsidye It is also enacted by the sayde aucthoritie of this parliament that euery of the sayd highe collectours whiche shal accoumpt for any part of the sayde Subsedye in the sayde Eschequer vpon theyr sayde seuerall accoumptes to be yelded shal be allowed at euery of the sayde paymentes of the sayd Subsedye for euery pounde limitted to his collection whereof any suche collectour shal be charged and yelde accoumpte sixe pence as percell of theyr charge that is to saye of euerye pounde therof for such persons as then haue had the perticuler collection in the townes and other places as is aforesaid specified in his collection two pence and other two pence of euery pounde thereof euery of the sayde cheife collectours theyr accoumptauntes to reteyne to theyr owne vse for theyr labour and charge in and about the premisses and two pence of euery pound residue to be deliuered allowed and payde by the sayd collectoures so beynge thereof allowed to suche of the commissioners as shall take vpon them the busines and labour for and aboute the premisses that is to saye euerye collectoure to paye that commissioner or comissioners whiche had the orderynge of the wrytinges of and for the sayd Subsedy where the sayd collectour or collectours had their collection for expences of the sayde commissioner so taken vpon them the sayd busines and laboure of theyr clerkes writinge the sayd preceptes and estreates for the sayd collections the same last two pence of euerye pound to be deuided amongest the sayde commissioners hauynge regarde to theyr labour and busynes taken by them or theyr sayd clerkes in and about the premisses for the whiche part so to the commissioners atteyninge the sayd commissioners syxe fiue foure thre or as manye of them as shall be thervnto appointed by the kynge and Quenes maiesties commission and euery of them ioyntly and seuerally for his and theyr sayd part may haue his remedy agaynst the sayde collectoure or collectours which therofben and might haue ben allowed by action of debte in the whiche the defendaunte shall not wage his lawe neither protection neither iniunction or other essoigne shall be allowed And that no person nowe beyng of the number of the companye of this present parliament nor any commissioner shal be named or assigned to be any collectour or subcollectour or presentour of the sayde subsedie or of any parte therof nor no comissioners shall be compelled to make anye presentment or certificate other then in the kinge and quenes maiesties said escheker of for or concerning the sayd subsedy or any part therof and likewise that none other person that shall be named or assigned to be commissioners in any place to and for th execution of this act of subsedy be or shal be assigned or named head collectours of any of the paymentes of the sayd subsedy neither of any parte thereof And that euery such person or persons which shal be named and apointed as is aforesaid to be hed collectors of the said subsedy or for any part therof euery of thē be shal be acquited discharged of al maner fees rewards of euery other charges in the king and Quenes Maiesties Eschequer or els where of them or any of them by reason of that collection paymēts or accoumptes or anye thynge concerninge the same to be asked and that yfanye personne receaue and take anye fees rewardes or pleasures of anye suche accoumptante that then he shall forfeit to the kyng and Quenes