Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of Grant of Four entire Subsidies given by the Clergy of Canterbury.
Whereas the Prelates and Clergy of the Province of Canterbury for diverse weighty Considerations respecting His Majestyes extraordinary Occasions have loveingly and liberally given and granted to the Kings most Excellent Majestie Fower whole and intire Subsidyes of Fower shillings in the pound to be taken and levyed of all and singular their Promotions Spirituall within the same Province at such dayes and times and in such certaine manner and forme and with such Exceptions and Provisions as are specifyed and declared in a certaine Instrument by them thereof made, and delivered unto the Kings Majesty under the Seale of the Right Reverend Father in God Gilbert Lord Bishop of London, which Instrument is now exhibited in this present Parliament to be ratyfyed and confirmed, the tenoure whereof ensueth in these words. (fn. 1) ]
Tenor of the Instrument.
Excellentissimo et Potentissimo in Christo Principi, et Domino nostro Clementissimo Domino Carolo secundo Dei gra Anglie Scõe Francie et Hibernie Regi Fidei Defensori &c Gilbertus permissione Divina London Episcopus presentis Sacre Synodi sive Convocationis Prelatorū et Cleri Cantuariensis Provinciæ Presidens sive locū tenens sufficienter et legitime constitutus omnimodā Obedientiā et Subjectionē ac Felicitatē et Salutē in Eo per quem Reges regnant et Principes dominantur Vestre Serenissime Regie Sublimitati per p[re]a[m] publicū Instrumentū sive has Literas nostras Testimoniales significamus et notū facimus, Quod Prelati et Clerus Cant Provincie in sacra Synodo Provinciali sive Convocatione vigore et authoritate Brevis Vestri Regii Reverendissimo in Christo Patri et Domino Guilielmo Providentia Divina Cantuar Archiepiscopo totius Anglie Primati et Metropolitano modo defunto in domo Capitulari Vestre Ecclesie Cathedralis Divi Pauli London octavo die Mensis Maii An[n]o Dm[m]i Millesimo sexcentesimo sexagesimo primo inchoata et celebrata de die in diē et loco in locū usqq[uire] ad tricesimū diē mensis Maii An[n]o Dm[m]i Millesimo sexcentesimo sexagesimo tertio jam current continuata et prorogata, et a dicto tricesimo die mensis Maii ac de die in die et loco in locū usqq[uire] ad et in decimū tertiū diē Mensis Junii An[n]o Dm[m]i Millesimo sexcentissimo sexagesimo tertio jam instant continuata et Prorogata et post mortē dci Reverendissimi Patrisac a dicto [decimo (fn. 2) ] tertio die Mensis Junii p[re]dct vigore Brevis vestri Regii Custodi Spiritualitatis Archiepiscopatus Cant (Sede [Archiepiscopali (fn. 3) ] Cant vacant) direct ac vigore Commissionis a dco Custode Spualitatis Archiepiscopalis Cant nobis in hac parte etiā direct, ac de die in diē et loco in locū usqq[uire] ad et in vicesimū diē jā instant Mensis Junii etiā continuata et prorogata et a dicto vicesimo die instantis Mensis Junii de die in diē et loco in locū usqq[uire] ad et in vicesimū septimū diē jā instant Mensis Junii etiam tent et continuata in Ecclesia Collegiata Divi Petri Westmonesteriens legitimè congregat pro quibusdā magnis arduis et urgentibus causis per nos eis ppositis ac inter eos matura deliberacioe ponderatis pro defensione Regnorū et Dominiorū Vestrorū necnon et pro eorū erga Vestrā Regiā Sublimitatē observantia et obsequio Quatuor ultranea ac spontanea et voluntaria Subsidia vestre Regie Majestati unanimi eorū consensu et assensu dederunt et concesserunt prout tenore presentis publici Instrumenti (seriē concessionis hujusmodi in se continentis) plenius liquet et apparet; humiliter et obnixe Vestre Regie Majestati supplicantes, quatenus hec eorū quatuor Subsidia pro Vestra solita Clementia benignē accipiatis, ac bene consulere gratiose dignemini. Tenor vero dce Concessionis de verbo in verbū sequitur et est talis.
Prelates, &c. of Province of Canterbury assembled in Convocation.; grant Four whole Subsidies of 4s. in the Pound on all Spiritual Promotions.; Benefices shall be valued according to Taxation of the Tenth under 26 H. VIII. c. 3.
Most Gratious Soveraigne Your Majestyes leige and humble Subjects the Prelates and Clergy of the Province of Canterbury called together by the Authority of Your Highnesse Writt and orderly assembled at this present in a Provinciall Synod or Convocation maturely considering their Duty and Service which they owe to Your Majestie as to their Soveraigne Lord, in thankfull acknowledgement of the many Blessings which they enjoy under Your gratious Government and Protection and well weighing the great and extraordinary Expences whereat Your Majestie now is, and hereafter is like to be for Support of Your Estate and Defence of Your Realmes and Dominions with one agreement and uniforme consent have given and granted And by these presents doe give and grant to Your Highnesse Your Heires and Successors Fower whole and intire Subsidyes of Fower shillings in the pound in manner and forme following (that is to say) that every Archbishop Bishop Deane Archdeacon Provost Master of a Colledge, Prebendary Parson or Vicar and every other person [or (fn. 4) ] persons of whatsoever name or degree he or they be within the Province of Canterbury haveing and enjoying any Spirituall Promotion or other Temporall Possessions to the same Spirituall Promotion annexed now not divided nor seperated by Act of Parliament or otherwise from the Possession of the Clergy shall pay to Your Highnesse Your Heires and Successors for every pound that he may yearely receave and dispend by reason of the said Spirituall Promotion the sūe of Fower shillings for every of the said Fower Subsidyes, And for the true and certaine value of all the Promotions and every of them whereof the payments of these Fower Subsidyes shall be made, the Rate Taxation, Valuation and Estimation now remaining of Record in Your Majestyes Court of Exchequer for the payment of a perpetuall Disme or Tenth granted unto King Henry the Eighth of worthy memory in the six and twentyeth yeare of his Raigne concerning such Promotions as now be in the [possessions (fn. 5) ] of the Clergy shall onely be followed and observed without makeing any other Valuation Rate Taxation or Estimation then in the said Record is comprised;
II. but shall pay Subsidy on 9-10ths only.
Manner and Form and Time of Payment of Subsidies.; Fee to Receiver.
Provided alwayes That forasmuch as the Tenth part of the said Rate and Valuation before-mentioned is yearely paid to Your Highnesse for the said perpetuall Disme and Tenth soe as there remaine onely Nine parts yearely to the Incumbent cleare, these Fower Subsidyes of Fower shillings of the pound shall be understood and meant onely of every full pound of the said Nine parts and noe thing for any other [moneyes (fn. 6) ] not amounting to a full pound, And Your Prelates and Clergy doe alsoe grant that these Fower Subsidyes of Fower shillings of the full pound of the Nine parts of the yearely value of every Spirituall Promotion aforesaid within the said Province, taxed as is aforesaid shall be paid to Your Majestye Your Heires and Successors in manner and forme following that is to say the whole payment of the first of the said Fower Subsidyes (viz) Fower shillings of every full pound as aforesaid to be due at and upon the fifth day of Octber now next ensueing, And the first Payment and Moyety of the second of the said Fower Subsidyes viz Two shillings of every full pound as aforesaid to be due at and upon the six and twentyeth day of March in the yeare of our Lord God One thousand six hundred sixty fower And the second Payment and Moyety of the second of the said Fower Subsidyes viz Two shillings of every full pound as aforesaid to be due at and upon the fifth day of October next following, And the first Payment and Moyety of the third of the said Fower Subsidyes viz Two shillings of every full pound as aforesaid to be due at and upon the six and twentyeth day of March which shall be in the yeare of our Lord God One thousand six hundred sixty five, And the second payment and Moyety of the third of the said Fower Subsidyes viz Two shillings of every full pound as aforesaid to be due at and upon the fifth day of October next and immediately following, And the first Payment and Moyety of the fourth and last of these Fower Subsidyes viz Two shillings of every full pound as aforesaid to be due at and upon the six and twentyeth day of March which shall be in the yeare of our Lord God One thousand six hundred sixty six, And the second and last Payment and Moyety of the fourth and last of these Fower Subsidyes to be due at and upon the fifth day of October next following which shall be in the yeare of our Lord God One thousand six hundred sixty and six to be delivered and paid by such person and persons as in this present Grant shall be appointed to have the Collection thereof to the Lord High Treasurer or Under Treasurer of England for the time being, or to such person or persons and in such place or places as shall please Your Highnesse to appoint to be paid viz Every one of the aforesaid Payments of the first of the said Fower Subsidyes which shall be due at and upon the fifth day of October in any of the aforesaid yeares to be paid at or before the last Returne of Hillary Terme next following every of the aforesaid dayes in which every of the aforesaid Payments shall be due; And every of the aforesaid Payments which shall be due on the six and twentyeth day of March as aforesaid to be made at or before the last Returne of Trinity Terme next following every of the aforesaid dayes when the said Payments shall be due without paying any thing to the Receiver or any other person or Officer to be assigned for the receipt thereof for any Acquittance or other discharge or dispatch upon any such Payment or Receipt of the said Fower Subsidyes or any part thereof but onely Fower pence, And that to the Clerke for writeing of the Acquittance or discharge of every of the said Payments,
III. Subsidy not payable for the Year in which First Fruits are paid.
Provided alwayes That noe person that is or which hereafter shall be promoted to any Benefice or Spirituall Promotion, and hath compounded or shall compound with Your Majestie Your Heires or Successors for the First fruites of the same from the fifth day of October last past viz in the yeare of our Lord God One thousand six hundred sixtie and two and on this side the fifth day of October now next ensueing which shall be in this presenty eare One thousand [six hundred (fn. 7) ] sixty three shall be contributory or charged for the same Benefice or Promotion to Your Highnesse Your Heires or Successors with any part of the First of the said Fower Subsidyes due upon the fifth day of October now next ensueing, And that noe person which hereafter shall be promoted to any Benefice or Spirituall Promotion, And shall compound with Your Majestie Your Heires or Successors for the First fruites of the same from and after the six and twentyeth day of March which shall be in the yeare of our Lord God One thousand six hundred sixty fower, and on this side the fifth day of October which shall be in the yeare of our Lord God One thousand six hundred sixty six shall be contributary or charged for the same Benefice or Promotion to Your Highnesse Your Heires or Successors with any part of the other three Subsidyes dureing the first yeare after the time of any such compounding for his First fruites;
IV. Archbishops, &c. shall be Collectors.
Collectors offering Payment, Officer to receive the same within Four Days and give Receipt to Collector.; Auditors to take Accounts and make Allowances.; Delaying, &c. so to do, Penalty £10.; Imprisonment until Penalty paid.
Item Your Highnesse said Prelates and Clergy doe grant That every Archbishop Bishop, and (the See being void) every Deane and Chapter of that See void, And none other person or persons shall be Collector of the said Fower Subsidyes within their proper Diocesse dureing the time appointed for the payment of the said Fower Subsidyes, And Your said Prelates and Clergy doe most humbly beseech Your Majestye that it may be enacted by Your Majestie and Your High Court of Parliament for the speedy payment of the said Fower Subsidyes and to avoid delayes thereof that when and as often as any Collector or Collectors chargeable with the Collection of the said Fower Subsidyes or of any part thereof, or their or any of their Under Collector or Under Collectors Deputie or Deputyes of any of them shall offer the Payment of the said Fower Subsidyes or of any part of them to the use of Your Majestie Your Heires and Successors to any person or persons appointed to receive the same by Your Highnesse or by Your Lord High Treasurer, That the said person or persons soe appointed shall within Fower dayes next after such appointment receive or cause to be received the Money soe offered to be paid without any further delay, and deliver one sufficient Bill testifying the receipt thereof to the said Collector or his Under Collector or Deputy upon every such perticular Payment, And that every such Auditor as is or shall be appointed to take or receive the accompt of any such Collector or Collectors or of their severall Under Collectors or Deputyes shall within six dayes next after request to him to be made truely and indifferently take the said Accompt and make allowance as by this Grant is appointed, upon paine that every such person or persons appointed to receive the same summe or summes of Money soe offered, and every such Auditor shall loose and forfeite for every defaulte or delay to be made to the Collector or Collectors [Under Collector or (fn. 7) ] Under Collectors Deputye or Deputyes soe offering to make Payment or Accompt as is aforesaid the summe of Ten pounds of lawfull Money of England, the one Moyety thereof to be to Your Majestie Your Heires and Successors, and the other Moyety to the said Collector or Collectors Under Collector or Under Collectors Deputy or Deputyes soe greived, the same to be paid upon Complaint to be made to the said Lord Treasurer or Under Treasurer or to the Lord Cheife Baron of Your Majestyes Court of Exchequer, who upon such Complaint shall presently examine the matter, and finding the fault shall committ the Offender to Ward there to remaine untill he shall have paid the said severall sumes soe forfeited.
V. Power to Collectors to levy Subsidies; may account for the same as the King and Exchequer shall appoint, as Archbishops, &c. account for the Teuth.
Archbishops, &c. gathering and paying what they can to be discharged for the rest.; Sixpence in the Pound allowed to Collectors.
And for the better levying and recovering of these Foure Subsidyes or any of them, Your said Prelates and Clergy doe likewise most humbly beseech Your Majestye that it may be enacted by Your Majestie and Your said High Court of Parlyament in manner and forme following (that is to say) That every Collector of the said Fower Subsidyes and of every part and parcell of them and their lawfull Under Collector or Under Collectors Deputy or Deputyes may have full Power and Authority to use all such wayes and meanes and Processe as be prescribed in the Act of perpetuall Disme, for the Collection and levying thereof, And may make Accompt of the same before the Lord High Treasurer or Under Treasurer of England for the time being or any other Officer by Your Highnesse or Your Court of Exchequer to be appointed for the same, And in such place as Your Majestie shall likewise assigne in such wise and after such forme onely as the said Archbishop and Bishops be now charged to make Accompt for the said perpetuall Disme and Tenth, Whereby is meant that the lacke and defaulte of Payment of and for any Spirituall Promotion or Promotions shall onely charge such Incumbent or Incumbents and such others as be bound to pay the same; And that the Archbishop Bishop Deane and Chapter gathering that which they can receive and make[ing (fn. 7) ] payment thereof shall for the rest not by them received be discharged by their Certificate to be made unto Your Highnesse Court of Exchequer for every of the aforesaid Payments which shall be due upon the Fifth day of October in any of the aforesaid yeares at or before the last Returne of Hillary Terme next and imediately following every of the aforesaid dayes when every of the said payments shall be due, And for every of the aforesaid Payments which shall be due upon the Six and twentyeth day of March in any of the aforesaid yeares at or before the last Returne of Trinity Terme next and immediately following every of the aforesaid dayes when the said Payments shall be due, And that six pence of every pound wherewith the Collector shall be charged in this Accompt clearely to be paid into the Receipt of Your Majestyes Exchequer, or into such other place as shall please Your Highnesse to appoint shall be allowed unto the said Collector upon his Accompt for the same at every of the aforesaid severall times of Payment for the charge of the said Collection, portage, safe conveying and paying of the said Fower Subsidyes;
VI. Incumbents, &c. being monished and not paying Subsidies, Proceedings.
Such Default shall be certified into Exchequer.; Penalty.
And moreover that it may be enacted likewise That after any Payment of the said Fower Subsidyes shall be once due by vertue of this Grant, If any Incumbent of any Benefice or Promotion Spirituall charged to the Payment of any the said Fower Subsidyes, or any part thereof being at any time after that the same Payment shall be due, lawfully monished either personally or at his Dignity Stall Church or Mansion House by the Archbishop or Bishop of the Diocesse or his Under Collector or Under Collectors Deputy or Deputyes, or by the Deane and Chapter (the See being void) or by any of their Under Collector or Under Collectors Deputie or Deputyes authorized in that behalfe, to appeare by himselfe, or his Deputy at a certaine day and place of convenient distance to the said Incumbent then to be signifyed and prefixed, And then and there to pay such part of the said Fower Subsidyes for his Benefice or Promotion Spirituall or the whole as then by vertue of this Grant shall be due doe not either at the same day and place soe to him signifyed and prefixed truely content and pay or cause to be contented and paid such Payments of the said Fower Subsidyes as then by him shall be due to be paid unto the same Archbishop or Bishop, or to his Under collector or Under collectors Deputy or Deputyes or to the Deane and Chapter of any See being void or to their Under Collector or Under Collectors Deputy or Deputyes or to one of them shewing sufficient Deputation from the said Archbishop Bishop or Deane and Chapter under his or their seale in that behalfe being ready at the said day and place soe signifyed and prefixed to receive any Payment of the said Fower Subsidyes then due, and openly demanding the same, or else pay every of the Payments of the said Fower Subsidyes given by this Grant within Fifty dayes next after any such prefixed dayes of warning at the farthest soe that open demand be made of every of the said Payments of the said Fower Subsidyes in and at the said place and day before prefixed, That then every Incumbent soe makeing defaulte of Payment of any of the Payments aforesaid which shall be due from him for any of the parts of the said Fower Subsidyes as aforesaid after such defaulte thereof certifyed into Your Majestyes Exchequer in writeing under the seale and hand writeing of any Archbishop or Bishop, or the common Seale of the Deane and Chapter (the See being void) charged with the Collection of the said Fower Subsidies or any part thereof soe that the said Certificate shall be made according to the forme hereafter expressed and exhibited into Your Majestyes said Court of Exchequer (viz) For every of the aforesaid payments of the said Fower Subsidyes which shall be due the Fifth day of October in any of the aforesaid yeares at or before the last Returne of Hillary Terme next following every of the aforesaid dayes when every of the said payments shall be due, And for every of the aforesaid payments which shall be due upon the Six and twentyeth day of March in any of the aforesaid yeares at or before the last Returne of Trinity Terme next following every of the aforesaid dayes when every of the said payments shall be due as aforesaid shall forfeite and loose unto Your Majestie Your Heires and Successors all the Proffitts which of that onely Dignitie Benefice or Promotion, for the which he maketh such defaulte of Payment and whereof such Certificate shall be made shall come grow and arise unto him over and above the Charges of serveing the Cure; And the annuall Tenth due to be paid out of his said Liveing in one whole yeare next after such Certificate made and delivered unto Your Highnesse Court of Exchequer and there admitted in case the said Incumbent shall soe long live, And that every such Certificate of any such defaulte of payment shall be made according to the tenoure and effect ensueing Mutatis mutandis.
Form of Certificate of Default.
Honorabilibus et Egregiis viris Domino Thesaurario et Baronibus de Scaccario Illustrissimi Domini nostri, Domini Caroli secundi Dei gratia Anglie Scotie Francie et Hibernie Regis Fidei Defensoris &c Vester humilis permissione divina Authoritate et Vigore cujusdam Actus Parliamenti Anno Regni dicti Domini Regis editi et provisi ad colligendū et levandū Subsidia eidē Domino Regi in eodē Parliamento per Prelatos et Clerū Cantuariensis Provincie concessa viz pro prima solutione primi et integri Subsidii solvend die Octob p[re]terit infra Dioces nostrā Deputatus et Authorizatus omnimoda reverentia tantis viris debitā cum honore, Vestris Reverentiis harū serie annuncio et certifies, me prefatū Episcopū modo quo p[re]fertur deputatū et authorizatū sufficienter et cum omni diligentia requisivisse per N: O, Subcollectorē seu Deputatū meū in hac parte de quovis Beneficio et Promotione Ecclesiastica in quadā Schedula presentibus annex : specificat, sumas solutionis dci primi integri Subsidii pro dictis Beneficiis et Promotionibus debitas et solvendas dco quinto die Octobris ult p[re]terit prout in eadē Schedula p[re]sentibus, annex : plenius liquet et apparet; sed dictas summas ex causis in eadē Schedula allegatis recipere non potui, In cujus rei testimoniū sigillū Daū die
The forme of which Schedule above-mentioned ensueth
Form of Schedule, referred to in Certificate.
Civitatis L, vel Deconatus de H: A: B, Rector vel Vicarius ibidem monitus fuit apud p[re]dict die Mensis ultimo p[re]terit per N O Subcollectorē seu deputat meū ad solvendā apud Eclesiā de L. in Comit R die mensis ( (fn. 8) ) proxime sequent, solutionē sive illā partē dictorū quatuor Subsidiorū per ipsū debit die ult p[re]terit pro promotione sua p[re]dicta, sed p[re]dicus A B nec apud Ecclesiā de L. p[re]dict, eodē nec alibi per quinqueginta dies postea sumā per ipsū debit, (ut p[re]fertur) solvit vel satisfecit, neqq[uire] dictā sumā de proficuis dicte Promotionis nec de bonis et catallis dicti A. B aliquo modo levare sive recipere potui.
VII. Provise for Tender of Payment by Incumbent, &c. before Certificate exhibited into the Exchequer.
Trial of Tender.; If Issue found for Incumbent, he shall enjoy his Promotion.
Provided alwayes That if any person or Incumbent chargeable by this Act or Grant to any Payment of the said Fower Subsidyes or any part thereof shall proffer or tender Payment of any summe due to the Archbishop or Bishop, or to the Deane and Chapter (where the See is void) or to any Under Collector or Under Collectors Deputy or Deputyes of any Arch-bishop, Bishop or Deane and Chapter aforesaid, at any time before the Certificate exhibited into the Exchequer as is aforesaid, that then and notwithstanding the Certificate made as is aforesaid against any such person, the said Incumbent or person against whom the Certificate was soe, made shall and may averr the offer or tender of his Payment, as is aforesaid, And of the same shall be tryed either by sufficient wittnesses before the Lord Treasurer and Barons of the Exchequer or by the tryall of Twelve men upon any Issue therupon to be joyned betwixt the said Incumbent and any other person or persons that he or any for him did offer or tender Payment of the summe due as aforesaid, which being found for the Incumbent then every such Incumbent shall have and enjoy his Promotion or Promotions still without forfeiture or loseing to Your Majestie Your Heires or Successors any the Profits thereof, And as though noe Certificate or defaulte of any such Payment had beene made or exhibited, Any thing in this present Grant or Act to the contrary notwithstanding.
VIII. Quietus est to Archbishops, &c. being Collectors.
Such Quietus est a good Discharge in Law.; Fee for Quietus est.; Refusing, &c. Quietus est, or taking a larger Fee.; Penalty £10.; Particular Acquittance by Collector to Incumbent, &c. a full Discharge in Law.; Acquitance before Certificate not good.; Names of Under collectors, &c. to be certified by Archbishop, &c.
And further that it may be enacted likewise That every Archbishop and Bishop and Deane and Chapter of every See vacant and other persons chargeable to and with the collection of the said Fower Subsidyes within the said Province of Canterbury shall and may have upon every payment of the same Fower Subsidyes made to the Lord High Treasurer or Under Treasurer of England for the time being, or to such other person or persons in place and places to whom and where it shall please Your Highnesse or Your Court of Exchequer to appoint for the receipt thereof at every of the aforesaid times of Payment a sufficient Acquittance Discharge or Quietus est in writeing of the aforesaid Lord High Treasurer or Under Treasurer or of such other person or persons as either Your Highnesse, or Your said Court of Exchequer shall assigne for the receipt thereof or as heretofore in the like case it hath beene accustomed, the same Acquittance Discharge or Quietus est witnessing the receipt of soe much of the same summe of the said Fower Subsidyes as shall be soe received, And every such Acquittance Discharge or Quietus est in writeing subscribed with the name or names of the Lord High Treasurer or Under Treasurer for the time being, or of such Auditor or other persons as it shall please Your Highnesse or Your said Court of Exchequer to appoint for the same Receipt, or of such others as heretofore in like cases it hath beene used shall and may be good and effectuall in the Law and be alsoe as sufficient a discharge in Law to all and every of the said collectors to all such intents constructions and purposes as if the same were made by Act of Parliament. And that every of the said Collectors shall pay but onely Three shillings and fower pence for every generall or finall Acquittance Discharge or Quietus est for every payment of the said Fower Subsidyes, And if any person soe assigned shall refuse or delay to make such a generall or finall Acquittance Discharge or Quietus est for any payment of the said Fower Subsidyes or shall require or take for the same any more then Three shillings fower pence or if any other Officer of the Exchequer shall require or take of any Collector or Collectors or of his or their Under collector or Under collectors Deputy or Deputyes in respect of the collection payment or accompt of the said Fower Subsidyes or any part thereof for expedition, or for any other cause or pretence whatsoever concerning the same, any Fees or Summes of money other then are before in this present Grant expressely allowed unto them shall forfeite the summe of Ten pounds of lawfull money of England to be paid and recovered in like manner unto the same uses as is before limitted and expressed in this Grant touching the like forfeiture of Receivours and Auditors, and alsoe that every perticular Acquittance which upon any payment of the said Fower Subsidyes shall be made by any Collector or Collectors of the said Fower Subsidyes or of any payment of them, or by his or their Under collector or Under collectors Deputy or Deputyes in that behalfe to any Incumbent of any Benefice or Promotion Spirituall, or to any person or persons contributary and chargeable to and with the said Fower Subsidies or any part or payment of them shall be good and effectfull in Law, and a full and sufficient Discharge to every such Incumbent and other person and his Benefice and Promotion Spirituall of and for all such summe and summes of money as by the same Acquittance shall be acknowledged to be received in respect of the same Benefice or Promotion Spirituall for any payment or any part of the said Fower Subsidyes, And that noe Acquittance of any other person or persons made before, such Certificate shall in any wise discharge any person or promotion for any part or payment of the said Fower Subsidies, Nor of any paine penaltie or forfeiture specifyed in this Grant, And to the intent it may be knowne to the Court of Exchequer who be the Under collector or Under collectors Deputie or Deputyes of every such Archbishop Bishop or Deane and Chapter authorized to receive the same and to make Acquittance thereof, every Archbishop Bishop and Deane and Chapter of every See being void shall yearely together with their Certificates aforementioned certifie the names of every the Under collectors or Deputyes to be appointed as is aforesaid,
IX. Process not to issue within Twenty Days after Day prefixed for Payment.
Fee to Collector on Acquittance.
Provided alwayes That noe Collector of these Fower Subsidyes or of any part of them shall use any Processe or compulsary meanes, or exact any Fees or Summes of Money for the same or otherwise of any person or persons for not paying the said Fower Subsidyes or any part of them at such certaine day and place as shall be by the Collector or his Under Collector or Deputy prefixed in case the said person shall tender the same unto the Collector or his Under Collector or Deputy within twenty dayes next after such prefixed day, And that the said Collectors shall not by themselves or any other take of any person for the receipt of any severall payment of the said Fower Subsidyes and for his Acquittance thereupon any more then fower pence by any colour or pretext whatsoever;
X. Spiritual Promotions, &c. not chargeable to any other Subsidy.
Provided alwayes That noe Spirituall Promotions nor any Lands Possessions or Revenues annexed to the same being charged by this Grant of the Province of Canterbury, or any Goods or Chattells growing, being or renewed upon the same, or elsewhere appertaining to the Owners of the said Spirituall Promotions or to any of them shall be charged or made contributary to any Fifteenth or Tenth or to any other Subsidies already granted to Your Highnesse by the Laity or hereafter to be granted dureing the time appointed by this Grant for the payment of the said Fower Subsidyes,
XI. Deans, Archdeacons, Prebendaries, &c. of Cathedrals and Colleges, &c. how chargeable.
Archbishops, &c. to certify Portions chargeable and not chargeable into Exchequer.
Provided alsoe That all Deanes Archdeacons Dignitaryes Masters Wardens and Prebendaryes of all Cathedrall and Collegiate Churches and Colledges or any of them within the said Province shall be charged with the said Fower Subsidyes for those Possessions Revenues and Promotions onely which to their severall Promotions Dignityes and Romes are clearely and distinctly limitted, and to their onely use severed thereof to pay (the Tenth part being deducted) for every and each of the said Fower Subsidyes Fower shillings of every full pound in manner and forme as is above rehearsed, And that all those Rents Possessions Proffitts Portions Hereditaments and Spirituall Promotions and every of them heretofore by Your Highnesse or any [of (fn. 9) ] the Kings or Queenes of this Realme or any other person or persons whatsoever given granted bequeathed devised or impropriated unto the said Cathedrall or Collegiate Churches or Colledges or to any of them which any wayes be assigned imployed or used either for or towards the yearely maintenance of Readers of Divinity Poore men Schoole masters Ushers Gramarians Petty Cannons Conducts Vicars Chorall Singing men Choresters Virgers Sextons or of any other necessary or dayly Officers or Ministers in such Cathedrall or Collegiate Churches or Colledges or any of them, or for or towards the reedifying or repairing of any of the same Cathedrall or Collegiate Churches or Colledges shall not be charged with any part of the said Fower Subsidyes, the certainty of which Portions aswell chargeable to the said Fower Subsidyes as not chargeable in this behalfe the Archbishop or Bishop of the Diocesse or (the See being void) the Deane and Chapter or any other to whom the same shall or may appertaine upon due search and examination shall certifie under his or their Seale unto Your Highnesse said Court of Exchequer at or before the severall dayes aforesaid appointed for the payment of the said Fower Subsidyes;
XII. Proviso for Spiritual Persons paying Pensions.
Provided alwayes That every Parson Vicar or other Spirituall Person paying any Pension whereof noe allowance is made in the valuation of his Promotion or Benefice shall and may retaine to his owne Use and Reliefe soe much of every pound of every such Pension for every payment of the said Fower Subsidyes as he standeth charged by this Grant to pay for every part and payment of the said Fower Subsidyes out of every pound for the whole Valuation of his Spirituall Promotion, Any Covenant Grant or Bond to the contrary notwithstanding.
XIII. Proviso for Lands, &c. formerly granted for Obits, &c. and come into the Hands of King Edw. VI. under I Edw. VI. c. 14.
Provided alsoe and your [said (fn. 9) ] Prelates and Clergy doe most humbly beseech Your [Majestie (fn. 10) ] That it may be enacted by Your Majestyes Authoritie and Your High Court of Parliament That where certaine Lands Tenements Rents Spirituall Promotions Tythes Pensions Portions Fruites and other Hereditaments lately belonging to diverse Cathedrall Churches and to other places and persons Ecclesiasticall within the said Province of Canterbury, which were given and assigned to be bestowed and spent in and on findeing and maintaining of certaine Chauntryes Anniversaryes Obits Lights Lamps and other like charges intents and purposes of late came into the hands and Possessions of the late King of famous memory Edward the sixth by force of a Statute thereof made in the first yeare of his Raigne as by the said Statute more plainely appeareth That the Cathedrall Churches and the Bishops Deanes or Presidents and Chapters and Prebendaryes of the same and all other places and persons Ecclesiasticall and every of them to whom the said Lands Rents and other the Premisses or any of them did lately appertaine shall not dureing the time appointed by this Grant for the payment of the said Fower Subsidyes be charged to and with any payment of Subsidie of and for that part and portion of Lands Tenements Rents Spirituall Promotions & other Hereditaments or any of them, whereunto the said late King by force of the said Statute was intitled, or possessed of, nor of any yearely Rents or Payments goeing out of the said Cathedrall Churches and other the places and persons Ecclesiasticall aforesaid, And that deduction and allowance thereof be made to them and every of them accordingly in and upon every payment of the said Fower Subsidyes out of the whole Taxation Valuation and Estimation made for the payment of the said perpetuall Disme or Tenth remaining of Record in Your Highnesse Court of Exchequer as aforesaid for the rate and portion of Lands Tenements Rents Spirituall Promotions and other Hereditaments, and those yearely payments whereunto the said King was intituled or possessed of, or which since the makeing of the said Statute by reason that they have beene found as Lands Tenements Rents Tythes or other Hereditaments concealed from the said King Edward the sixth, the late King Henry the [eigth, (fn. 11) ] the late Queene Mary, the late Queene Elizabeth King James and King Charles the first of glorious memory or any of them or from Your Majestie or otherwise are severed from the possessions of the said Cathedrall Churches and other places and persons aforesaid, or [of] any of them by force of the Statute premised or any otherwise;
XIV. Proviso for the Universities,
Colleges of Windsor, Westminster, Eaton, and Winchester, Hospitals, Free Schools, &c.
Provided alsoe That these fower Subsidyes granted by the Clergy or any part of them [or any of them (fn. 12) ] shall not be demanded or levyed out of any Benefice House of Students or Colledge scituate or sett within either of the Universityes of Oxford or Cambridge or of any Benefice Lands or other Revenues unto the said Universityes or either of them or to any House of Students or Colledge in any of the said Universityes united appropriated or appertaining or out of any Benefice Lands or Revenues of the Colledge of Windsor or of the Colledge of Westminster or of the Colledge of Eaton neere Windsor, or of the Colledge, called Saint Maryes Colledge by Winchester founded by William Wickham sometimes Bishop of Winchester or of any Hospitalls Almes houses or Grammar Schooles or of any Church Benefice or other Revenues to the said Colledges Hospitalls Almes Houses or Grammar Schooles or to any of them annexed appropriated or otherwise appertaining.
XV. Proviso for Livings not above £6. 13s. 4d. yearly.
Provided alwayes That all Parsons Vicars and all other Ecclesiasticall persons whose Benefices are not above Six pounds thirteene shillings fower pence by the yeare after the Taxation aforesaid shall not be charged with these Fower Subsidyes or any part of the same.
XVI. Proviso for Livings of £8 and not above £10 yearly Value.
Vicarages under £8, Incumbent not to be charged.
Provided alsoe That every Vicar whose Benefice is Eight pounds or above, and not above ten pounds by the yeare after the Taxation aforesaid shall pay unto Your Highnesse Your Heires and Successors at every of the aforesaid payments of the said fower Subsidyes afore limited Thirteene shillings fower pence for the first payment of the said Fower Subsidyes and every other payment of the said Fower Subsidyes Six shillings eight pence at such time and to such persons as is aforesaid for his part of the said Fower Subsidyes, And if any Vicarage be under Eight pounds in the Taxation aforesaid the Incumbent shall not be charged with any part or payment of the said Fower Subsidyes,
XVII. Grant to be ratified by Parliament.
And for the sure and true payment of these Fower Subsidyes granted by Your said Prelates and Clergy of the Province of Canterbury according to the tenour purport effect and true meaneing of this present Grant Your said Prelates and Clergy doe most humbly beseech Your Highnesse that this their said Gift Grant and Fower Subsidyes and every Matter Summe of money Petition Clause Provisions Reservations and Sentences in this Instrument contained concerning the said Fower Subsidyes may be ratyfyed established and confirmed by the Authority of Your Highnesse Court of Parliament.
In Quorū omniūss et singulorū premissorū fidē et testimoniū Nos Gilbertus Lond Episcopus antedictus has presentes literas nostras testimoniales sive hoc p[re]sens publicū instrumentu ad humilē rogatū Prelatorū et Cleri p[re]dict sigilli nostri appensione ac Signo Nomine et Subscriptione Gulielmi Fisher Notarii publici jussimus et fecimus communiri Datu dicto vicesimo septimo die Mensis Junii Anno Domini millesimo sexcentesimo sexagesimo tertio Regniqq[uire] Vestri felicissimi Dei gra Anglie Scotie Francie et Hibernie Regis, Fidei Defensoris &c decimo-quinto et nostre Consecrationis Anno tertio.
The above Grant ratified.
[Wherefore for the true and sure payment of the said Subsidyes granted by the said Prelates and Clergy of the said Province of Canterbury according to the tenour effect and true meaning of the said Instrument Bee it enacted by the Kings most Excellent Majestye with the Assent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authoritie of the same That the said Gift and Grant and every Matter Summe of money Petition Provision Clause and Sentence in the same Instrument contained shall stand and be ratifyed established and confirmed by the authority of this p[re]sent Parliament.
XVIII. Power to Collectors to levy Subsidies by Authority of Censures of the Church, and by Sequestration, Distress, &c.
In what case Replevin, &c. allowed.; Farmers paying for their Lessors may retain out of Rent.; Exception.
And further be it enacted by the Authoritie aforesaid That every person that shall be appointed to the collecting and gathering of the said Subsidyes shall have power and authority to levy take and perceive the said Subsidyes by the authority of the Censures of the Church that is to say by Suspension Excommunication or Interdiction and alsoe by Sequestration of the Fruites and Proffitts of their Benefices and Promotions Spirituall in whose hands soever they be, and to make sale of the same Fruites without danger of the Lawes of this Realme, or by Distresse upon the Possessions of the Farmers or Occupiers of the Lands and Tenements chargeable by the said Instrument for or to the payment of any summe or summes of money to be due by force thereof, or otherwise by the discretion of the Collector thereof; And that noe Replevy Prohibition or Supersedeas shall be allowed or obeyed for any persons makeing defaulte of the payment, of the said Subsidyes or any of them contrary to the tenour of the Grant thereof, untill such time as they have truely satisfyed and contented all such part and portions as to them in that behalfe appertaineth, And that every such Farmer and Farmers their Executors and Assignes that shall fortune hereafter to be charged to, or with the payment of the said Subsidyes or any part thereof shall by the Authoritie aforesaid be allowed and retaine in his hands as much of his yearely Rent and Farme as the summe which he shall fortune to pay for his Lord or Leasor shall extend unto (except that the said Farmer or Farmers their Executors or Assignes by the Lease and Grant that they have of any part of the Lands Tythes Proffitts or Tenements chargeable to the said Subsidyes or by force of any Covenant or Article therein contained be bound and charged to pay the same, And thereof to discharge the Leasor and Landlord dureing the terme mentioned in the said Lease)
XIX. Subsidies may be levied by Distress on Farmers of Impropriations.
Sale of Distress.
And likewise be it enacted by the Authoritie of this present Parliament That whereas diverse Curates lyeable to the Subsidyes being oftentimes removeable, doe serve aswell in diverse Impropriations belonging to the Kings Majestie as in other Spirituall Promotions belonging to other persons That for the speedy recovery of the said Subsidyes it may be lawfull to the said Collector or Collectors of the said Subsidyes their Deputy or Deputyes to levy the said Subsidyes upon the Farmer or Farmers or Occupiers of all such Impropriations or Spirituall Promotions by all Censures of the Church aforesaid and every of them or by way of distresse of Tythes of the said Impropriation or Impropriations and Spirituall Promotions, or otherwise upon the Goods and Chattells of the said Farmer or Farmers and Occupiers, In which case noe Inhibitión Prohibition Replevy or other Processe awarded to the contrary shall be obeyed, Any Lawes Statutes Priviledges or Customes to the contrary hereof heretofore made granted or used, or hereafter to be made granted or used to the contrary in any wise notwithstanding. And that it may be lawfull to the Collector or other Officers and Ministers of such Arch Bishop Bishop Deane and Chapter for not payment of the said Subsidyes after the same shall be due in or at any of the said times of payment to prize and value the said distresse and distresses by two indifferent Neighbours by him to be chosen, And the distresse and distresses soe prized ( (fn. 13) ) and thereof to detaine soe much money as shall amount to the summe payable to the Kings most Excellent Majestie with the reasonable charges alsoe of the said Collectors sustained in that behalfe, And the rest of the money made of the said Distresse to be delivered and paid to the Owner and Occupier thereof.
XX. How Lay Impropriators shall be charged for their Spiritual and Temporal Possessions.
Provided alwayes and be it enacted by the Authoritie aforesaid That every Lay person haveing Spirituall Promotion chargeable by this Act, And alsoe haveing Temporall Possessions Goods Chattells and Debts charged to the said Subsidyes granted in this Parliament by the Temporaltie shall be taxed charged and sett for his said Spirituall Promotions with the Clergy, and his Temporall Possessions and Chattells reall with the Temporaltie and not otherwise, Any thing before mentioned to the contrary notwithstanding.
XXI. This Act extended to the Subsidy of the Province of York.
And be it further enacted by the Authoritie aforesaid That all and every Grant and Grants of all and every summe and summes of money granted or which hereafter shall be granted to the Kings Majestie by the Clergy of the Province of Yorke shall be of the same strength force and effect in all things as the said Grant made by the said Province of Canterbury and shall be taxed certified collected [gathered levyed (fn. 14) ] and paid according to the tenoure forme and effect of this present Act of Parliament to all intents constructions and purposes in such manner and forme as though it were specially plainely and perticularly expressed and rehearsed in this present Act by expresse words termes and sentences in their severall natures and kinds.
XXII. Provisions in the Grants of the Clergy declared valid.
Provided alwayes and be it enacted by the Authoritie aforesaid That all Provisions before rehearsed contained or to be contained in the said Grant of the Prelates and Clergy of the Province of Canterbury; And the like of the same Provisoes contained in the said Grant of the Prelates and Clergy of the Province of Yorke shall be good and effectuall and to be observed and kepte in every Point and Article according to the purport and true meaneing of the same.]