Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Doubts, &c. respecting. c. 9. ante.
c. 10. ante recited.; Reasons for passing this Act.; All Persons to pay the several Sums of Money appointed by the said Acts; also 40s. per Cent. on all their Estates Real and Personal.; Proviso for Estates under £5 per Ann.
WHEREAS through some doubts ariseing upon or by negligence in the execution of one Act of this present Parliament intituled An Act for the speedy provision of money for the disbanding and paying off the forces of this kingdome both by land and sea, and alsoe of one other Act intituled An Act for supplying and explaining certaine defects in the aforesaid Act, the same Acts doe not answere the ends aforesaid in such measure as was expected without some [further (fn. 1)] explanation of the sence thereof and a review of the severall assessments made thereby, soe that some persons may not escape without payment at all or goe away at very small proportions whilest others pay their just and full due It is therefore enacted and declared by the Kings most excellent Majestie by and with the consent and advice of the Lords and Commons in Parliament assembled and by the authoritie of the same that all and every person and persons of the severall ranks degrees or qualifications in the said Act or Acts mentioned shall contribute and pay the severall and respective summes of money therin appointed to be paid (any pretence of exemption being the Kings Majestyes servants to the contrary notwithstanding) and alsoe that ( (fn. 2)) every person and persons ecclesiasticall and temporall bodyes pollitique and corporate shall pay for their estates both reall and personall the summe of forty shillings for one hundred pounds per annum and soe proportionably for a greater or lesser estate, and for every hundred pounds personall estate after the rate of five pounds per annum provided it extend not to estates under five pounds per annum,
II. The Commissioners named in c. 9. ante to appoint Persons to review the Rates that have been made,
And to the intent the same may be equally and indifferently assessed and taxed Be it further enacted and declared by the authoritie aforesaid that the severall Commissioners in the said Act named, or any three of them within their severall and respective Countyes Limitts and precincts shall have power to nominate and appoint two or more of the most able or discreet persons in every Parrish Village or Hamlet to review the severall rates and assessments that have beene made in their severall and respective Parishes Villages and Hamlets, and where they shall finde that by the negligence or default of any former Assessors any persons or estates have beene underrated or ommitted to be rated, that then they shall rate and assesse all such persons and estates soe underrated or omitted to the full value they are to be rated and assessed at either for their degrees persons or estates by this or the former Acts to that purpose made in this present Parliament, or shall by the appointment at the discretion of the said Commissioners make new assessments or rates, and shall returne the same or their said additionall rates at such places and times as the said Commissioners or any three of them shall appoint,
III. Sworn Clerks in the Exchequer 20 Nobles.
And it is further enacted [& declared (fn. 1)] by the authoritie aforesaid that every sworne Attourney or Clerke in the Office of the Clerke of the Pipe in the Exchequer and every Attourney belonging to the Office of the Lord Treasurers Remembrancer shall pay twenty nobles apeece,
IV. Barristers at Law, and Persons written or writing themselves Esquire, to pay as Esquires.
And be it further enacted and declared that every Barrester at Law, and every other person or persons that hath or have subscribed to any deed or writing wherein he or they have beene written or intituled Esquire, or that hath or have acted by vertue of any Commission or pretended Commission Act or pretended Acts of Parliament wherein they have before the sitting of this Parliament beene written or entituled Esquire shall pay as reputed Esquiers within the said Acts,
V. Persons having paid, on Certificate of Commissioner to be discharged;
And to the intent that none that have or shall pay his or their due proportions that he or they ought to pay in respect of his or their quality or degree may be doubly charged, every person that hath or shall pay his full proportion for his or her degree and quality the same exceeding the proportion of his or her estate reall and personall shall by certificate under the hands and seales of three or more of the Commissioners within the same County or precincts where such summe hath or shall be paid be discharged from further payment for his or her estate soe that it be perticularly expressed in every such certificate where such estate lyeth, and the severall and respective values thereof soe that it may appeare that his or her proportion for his or her degree or quality doth exceed that of his or her estate, And alsoe where any person or persons bodyes pollitique or corporate have paid or shall pay for his her or their estate in one or more Countyes he or they shall by like certificate or certificates ( (fn. 3)) for soe much and such values specially mentioned to be paid in the said certificates and noe more,
VI. Power to Commissioners on Oath to inquire and determine concerning Abuses by Assessors, &c. and to fine.
Proviso that Fines do not exceed £5 for one Offence.; Such Fines may be levied by Distress.; Fines employed as by the said former Acts.; Where no Distress can be had, Commissioners may imprison Offender in the Common Gaol till Fine paid.
And be it enacted and declared by the authoritie aforesaid that the said Commissioners or any three or more of them within their severall precincts shall and may have power to inquire of heare and determine all abuses negclects and misdoeings of all and every the Assessors and Collectors to be imployed by vertue of this, or the said precedent Acts, and shall have power to impose any fine or fines upon them or any of them whom they shall be well informed (by the oath of two or more credible witnesses, which oath they or any two of them are hereby impowered to administer) to offend from and after the twentyeth day of December One thousand six hundred and sixty in not performing their dutyes in their respective imployments, Provided that noe such fine shall exceed the summe of five pounds for one offence, and that such Commissioners who shall sett or impose such fine or fines shall have full power by warrant under their hands and seales to command the severall Constables or Tithingmen within the severall and respective places where such person or persons have their habitation or abode, upon whom such fine or fines is or are imposed to levy the same by distresse upon the goods of such person or persons refuseing to pay the same and to returne the overplus thereof (if any be) deducting [alsoe (fn. 4)] reasonable charges for takeing such distresse to the Owner or Owners of such goods, And every such fine shall be imployed to the same purposes as the moneyes raised by the said former Acts are appointed, And alsoe in case noe distresse can be found or had for satisfieing such fine and in case noe distresse can be taken by the Collectors or other Officers appointed to distraine for the taxes or assessments by vertue of the said former Act or Acts, that in every such default upon complaint to the said Co[m]missioners or any three of them within their severall and respective limitts the said Commissioners or any three of them shall have full power and authoritie to cause every such person from whom noe distresse can be had to be committed to the next common goale there to remaine untill he hath fully satisfied [& paid (fn. 4)] such summe or summes of money which ought to be charged upon him by [vertue of (fn. 4)] this [or (fn. 5)] the said former Acts without baile or mainprize,
VII. Commissioners to make Account of Monies raised in Hundreds, &c. only by former Acts and this Act, and return the same into the Exchequer before 2d March.
And be it further enacted and declared that the Commissioners of every County and place respectively shall make up a true accompt of the summes onely of every Hundred Lath Wapentake or Ward rated and assessed by the said former Acts together with the additionall summes that shall be rated by vertue of this present Act severally within their severall Countyes Limitts and Precincts without nameing the perticular persons or estates, and shall shew what hath beene paid thereof and to what person and persons, and what hath beene discharged by such certificates as are appointed by this Act, and what is in arreare and unpaid, and shall returne the same into his Majestyes Court of Exchequer before the second day of March next and in soe doeing they shall not be compelled to make [or returne (fn. 4)] any other accompt duplicate or certificate,
VIII. The full yearly Value of Lands, &c.; to be assessed.
And it is further enacted and declared that the true and full yearely value of all Lands Tenements Rents Tythes and other hereditaments shall be rated and assessed in manner aforesaid in the severall parishes villages or Hamlets where the same are scituate lyeing or ariseing
IX. Sums paid under former Acts deducted out of Charge by this Act.
And be it further declared that every summe charged upon and paid by any person by vertue of the said former Acts or either of them by reason of estate degree or quality shall be allowed and deducted out of such further charge as shall be imposed upon him or her by vertue of this present Act.
X. Persons sued under this or former Acts may plead General Issue.; Double Costs.
Lastly it is enacted and declared that whosoever is sued at law for any act done or to be done in the due execution of this or either of the said former Acts he may plead the generall issue and give the speciall matter in evidence, and if the plaintiffe be non suite, or a verdict passe against any such plaintiffe or plaintiffes in any such Action the defendant shall and may recover his double costs,
XI. Proviso for Peers.
[Provided alwayes [& be it enacted (fn. 4)] that this Act or any thing therein contained shall not extend to any Peere of this Realme in point of assessment imprisonment distresse or otherwise provision being made in the said first recited Act for the assessing of the said Peeres by certaine Peeres who are therein named and appointed in that behalfe,
XII. Lord Chancellor, &c. added to the Peers named in the said former Acts for assessing Peers.
And be it further enacted that the Lord Chauncellour the Lord Treasurer, the Lord Steward of his Majesties Household, Lord Chamberlaine of his Majestyes Household, the Earle of Northampton, Lord Howard of Charleton the Lord Roberts the Lord Grey of Warke the Lord Craven the Lord Mohun and the Lord Hatton be added to the Peeres named in the said first recited Act for the assessing of the Peeres according to the said recited Act, (fn. 6)] [which said Lords Commissioners or any five of them in this and the former Act named shall have power to assesse levy and collect, and shall assesse levy and collect all such summes of money as shall be assessed according to the tenor of this and the former Act upon such Peeres who have not paid proportionably to their estates. (fn. 6)]
XII. Commissioners named.
And be it declared and enacted by the authority aforesaid that these persons hereafter named shall be added Commissioners for their severall Countyes places and precincts respectively and shall exercise the same power as if they had beene named in the said former Acts or either of them.
For the County of Devon Nicholas Dasies Doctor of Phisicke William Jennins Gent. Edmond Tremaine ( (fn. 7)) William Putt [Esq[uire]s. (fn. 7) (fn. 8)] John Kellond ( (fn. 9)) William Bogan ( (fn. 9)) George Howard ( (fn. 7)) John Kelley ( (fn. 7)) William Kelley ( (fn. 9)) James Rodd [Esq[uire]s. (fn. 7)]
For the West Riding in the County of Yorke Wellbury Norton Esq[uire] Robert Wivell Esq[uire] Richard Roundhill Gent. William Hamond Esq[uire] Walter Hawkesworth Esq[uire] Cuthbert Wade John Preston Gent. Arthur Ingram Esq[uire] Edward Atkinson William Witham Gent. Samuell Sonderland Esq[uire] Thomas Ward Gent. Sir William Ingram Knight.
For the North Rideing in the County of Yorke Sir William Caley Arthur Caley Esq[uire] William Wivell Esq[uire] Sir Thomas Gower Baronet Thomas Worsley Esq[uire] Charles Tankred Sir William Frankland Baronet The Bailiffes of Scarborough for the time being Tristram Fish Robert Belt Esquiers Thomas Robinson Thomas Scudamore Esquiers.
For the Citty and County of the Citty of Yorke, All the Aldermen of the Citty of Yorke. (fn. 10)]
For the County of Gloucester Thomas Freame Thomas Floide Samuell Shepard Philip Shepard William Morgan Richard Daston John Tooke [Esq[uire]s (fn. 9)] Robert Lord Tracy.
For the Burrough of St Albans William Foxwist [Esquires (fn. 11)] Recorder Mr John New Mr Edward Eames Mr Thomas Cowley senior Mr William Marston Henry Conningsby Edmond Smith, Albon Cox Richard Combes Esq[uire].
For the County of Kent Sir William Mann Sir Edward Masters Thomas Peake Esq[uire] Sir Thomas Godfrey The Maior of Maidston for the time being Sir William Merideth Baronet Sir Thomas Peirce Baronet Mr Richard Manley Mr Thomas Manley.
[Sandwich (fn. 12)]
For the County of Lancaster Henry Bannester Esq[uire] Jeoffrey Rushton Gent. Richard Fleetwood Gent. John Mollineux Esq[uire] William Fife Esq[uire] Sir George Midleton Knight and Baronet Mathew Richardson Esq[uire] Robert Heywood Esq[uire] Roger Stoughton of the Citty of London Alderman.
For the County of Midlesex Sir John Robinson Baronet Lieutenant of the Tower Sir Richard Browne Thomas Bide Thomas Harrison of South Mims Sir William Bateman Leiutenant Collonell Powell Charles Pitfield Esq[uire] Robert Peyton John Jones John Limbrey Edward Chard Richard Shelton Esquiers William Page Esq[uire] Roger Jennings Esq[uire] Richard Meney.
[Norffolke (fn. 13)]
For the County of [Norffolke (fn. 13)] George Windham Robert Doughty of Hanworth ( (fn. 11)) Robert Lagar [Esquiers (fn. 11)] Henry Scarborough Gent. Mr John Ripps Mr Thomas Talbot Mr Henry Blackborne Gent..
For the Towne of Great Yarmouth Nicholas Cutting James Simonds Bailiffes there, Sir John Potts Knight and Baronet Sir William Doyley Knight Sir Thomas Meadow Knight Thomas Gooch George England John Carter Nathaniell Ashby Thomas Lucas John Woodroft James Johnson Esquires George Tilyard Gentt..
For the whole Burrough and Corporation of Thetford The Maior for the time being Mr John Kendall Gent., Mr Bourage Martin Maurice Shelton [Esquiers (fn. 14)] Mr Robert Keddington Gentt. Mr Nicholas Rookewood Mr Robert Wright of Kilveston.
[East Retford (fn. 17)]
For the County of Somerset William Orange Esquire William Bacon senior Gent. John Cridland Gent. Mawdley Samborne ( (fn. 14)) John Carew ( (fn. 14)) Roger Newborough ( (fn. 14)) James Haise [Esquiers. (fn. 14)]
For the County of Surrey Edward Evelin ( (fn. 14)) John Yates ( (fn. 14)) Richard Knippe [Esquiers (fn. 14)] Mr John Parker Sir Purbecke Temple Knight Earle of Ancram Henry Capell Dallmahey Esq[uire] John Farewell Doctor Windebank.
For the County of Wilts Walter Buckland ( (fn. 19)) Thomas Mompesson ( (fn. 19)) William Caley [Esquiers (fn. 19)] Mathew Rayman Gent. Thomas Hunt Gent. Robert Challoner ( (fn. 20)) Robert Nicholas of Almcamings William Broomewich Gent. Samuell Eyre Gent. Simon Spatchurst Esq[uire] Christopher Gardiner Gent..
For the Isle of Anglesey Robert Lord Viscount Bulkley. (fn. 21)]
For the County of Cardigan James Phillips ( (fn. 19)) Morgan Herbert ( (fn. 19)) Thomas Jenkins ( (fn. 19)) Erasmus Lloyde ( (fn. 19)) Thomas Evans ( (fn. 19)) Henry Vaughan ( (fn. 22)) Thomas Price the elder [Esquiers (fn. 19)] Thomas Lloyde of Ymshim ( (fn. 20)) Maurice Vaughan ( (fn. 20)) John Price [Gentlemen. (fn. 20)]