Pages 33-39
Statutes of the Realm: Volume 5, 1625-80. Originally published by Great Britain Record Commission, s.l, 1819.
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In this section
Recital of Grant of Five whole Subsidies.
WHERE the Prelates and Clergie of the Province of Canterbury for divers weightie consideracions respecting his Majesties extraordinary occasions have lovinglie and liberallie given and graunted to the Kings most Excellent Majestie five whole and entire Subsidies of foure shillings in the pound to be taken and levied of all and singuler their p[ro]mocions Spirituall within the same Province at such dayes and tymes and in such certaine manner and forme and with such excepcions and p[ro]visions as be specified and delivered in a certaine Instrument by them thereof made and delivered unto the Kings Majestie under the Seale of the most reverend Father in God George now Archbishopp of Canterbury and Primate of all England, which Instrument is now exhibited in this p[re]sent Parliament to be ratified and confirmed, The tenor whereof ensueth in theise words.
Tenor of the Instrument.
SERENISSIMO & Excellentissimo in X[christ]o Principi & Dño n[ostr]o clementissimo Dño Carolo Dei Gra Anglie Scocie Francie & Hibñ Regi Fidei Defensori &c. Georgius p[ro]videncia Divina Cantuar Archiep[scop]us tocius Anglie Primas & Metropolitanus o[m]nimodam obedienciam ac felicitatem & sal[uta]tem in eo p[er] quem Reges regnant & Principes dnantr. Inclitissime vre Regie Majestati p[er] p[er]sens publicum instrumentum sive has lras nras testimoniales notum facim & significam qd Prelati & Clerus Provincie nre Cantuar in Sacra Synodo Provinciali sive convocac[i]oe vigore & authoritate bris vri Regij nobis direct in Domo capitulari Eccl[es]ie vre Cath[edral]is Sancti Pauli London Decimo octavo die Mensis Marcij Anno Dñi juxta cursum & computac[i]oem Eccl[es]ie Anglicane Mitimo sexcentesimo vicesimo septimo inchoata & celebrata ac de die in diem & loco in locum usq[ue] ad & in diem Mercurij septim[u]m videl[ice]t diem p[re]sentis Mensis Maij Anno Dñi Mill[ess]imo sexcentesimo vicesimo octavo post Meridiem continuata ac p[ro]rogata in Eccl[es]ia Collegiata B[ea]ti Petri Westm eodem septimo die p[re]sentis Mensis Maij legittime congregati p[er] quibusdam gavib[us] & urgentib[us] causis p[er] nos eis p[re]positis ac int[er] eos delib[er]ac[i]oe matura ponderatis p[er] defensione Regno[rum] & Domino[rum] vestro[rum] sed & p[er] eo[rum] eciam erga Regiam vram sublimitatem obsequiosa observancia quinq[ue] spontanea ultronea & voluntaria Subsidia vre Regie Magnificencie unanimi eo[rum] consensu & assensu dederunt & concesserunt p[ro]ut tenore p[re]sentis publici Instrumenti (seriem concessionis huiusmodi in se continentis) plenius liquet & apparet humilit[er] & obnixe vre Regie Majestati supplicantes quatenus hec eo[rum] quinq[ue] Subsidia p[ro] vra consueta clemencia benigne accipiatis ac bene consul[ia]e g[ene]rose dignemini. Tenor vero dce concessionis de verbo in v[er]bum sequitr & est talis.
Five whole Subsidies of 4s. in the Pound on all Spiritual Promotions.
Most gracious and most religious Soveraigne your Majesties faithfull Subjects the Prelates and Clergie of the Province of Canterbury being called together by vertue of your Highnes Writt and orderlie assembled at this p[re]sent in a Provinciall Synode or Convocacion well considering and maturelie weighing with themselves that dutie which by the Sacred Word of God they doe owe unto your Majestie as to their true naturall and gracious Soveraigne Lord, and that so much the more for the free passage of the holy Gospell amongest them which by Gods goodnes and your meanes they enjoy beyond all other nacions, And knowing the incessant care and travaile of your Majesties minde for the well governing of this great people co[m]mitted by God to your charge, but most of all remembring the manifold expences whereat your Majestie is, and is dailie like more and more to be both for the honorable support of your Royall estate and for the necessary defence of this your Realme of England and your other Dominions against so many so mighty and so combined enemies, who not onelie hate our p[er]sons, but the verie Religion which wee p[ro]fesse; as a testimonie of their trulie loyall affeccion and most bounden service with one uniforme accord and consent have given and graunted, and by their p[re]sents doe give and graunte to your Highnes your Heires and Successors five whole and intire Subsidies of foure shillings in the pound in manner and forme following, That is to saie, That every Archbishopp Bishopp Deane Archdeacon Provost Master of Colledge Prebendary Parson and Vicar and every other p[er]son and p[er]sons of whatsoever name or degree he or they be within the Province of Canterbury having or enjoying any Spirituall Promocion or other Temporall possession to the same Spirituall Promocion annexed now not divided nor seperated by Acte of Parliament or otherwise from the possession of the Clergie shall pay to your Highnes your Heires and Successors for every pound that he may yearelie receive and dispend by reason of the said Spirituall Promocion the so[m]me of foure shillings for every of the said five Subsidies.
Benefices to be valued according to Taxation of the Tenth under 26 H. VIII. c. 3. but to pay Subsidy on 9.10th only.
And for the true and certaine value of all the Promocions and every of them whereof the payment of theise five Subsidies shalbe made the Rate Taxacion Valuacion and Estimacion now remayning of Record in your Ma[jes]ties Court of Exchequer for the payment of a p[re]petuall Disme or Tenth graunted unto King Henry the eight of worthie memorie in the six and twentith yeare of his Reigne concerning such p[ro]mocion as now be in the possession of the Clergie shall onelie be followed and observed without making any other Valuacion Rate Taxacion or Estimacion then in the said Record is comprised. Provided alwaies, that forasmuch as the tenth part of the said Rate and Valuacion before mencioned is yearelie paid to your Highnes for the said p[re]petuall Disme or Tenth, so as there remaine onelie nyne parts yearelie to the Incumbent cleare, These five Subsidies of foure shillings of the pounds shall be understood and meant onelie of every full pound of the said nyne parts and nothing for any other mony not amounting to a full pound.
Manner and Form and Times of Payment. ; Fee to Receiver or other Officer.
And your Prelats and Clergie doe alsoe graunt that theise five Subsidies of foure shillings of the full pound of the nine parts of the yearelie value of every Spirituall promocion aforesaid within the said Province taxed as is aforesaid shalbe payed to your Majestie your Heires and Successors in manner and forme following That is to saie, The first payment and moytie of the first of theise five Subsidies videl[ia]t, two shillings of every full pound as aforesaid to be due at and uppon the first day of December which shalbe in the yeare of our Lord God One thousand six hundred and thirtie, And the second payment and moytie of the first of the said five Subsidies, videl[ia]t two shillings of every full pound as aforesaid to be due at and uppon the first day of June which shalbe in the yeare of our Lord God One thousand six hundred thirtie and one, And the first paym[en]t and moytie of the second of the said five Subsidies, videl[ia]t two shillings of every full pound as aforesaid to be due at and uppon the first day of December then next and im[m]ediatelie following in the same yeare, And the second payment and moytie of the second of the said Five Subsidies, videl[ia]t two Shillings of every full pound as aforesaid to be due at and uppon the first day of June then next and ymediatelie following which shall be in the yeare of our Lord God, one thousand six hundred thirtie and two. And the first payment and moytie of the third of the said five Subsidies, videl[ia]t, two Shillings of every full pound as aforesaid to be due at and uppon the first day of December then next and imediatelie following in the same yeare. And the second payment and moitie of the third of the said five Subsidies, videl[ia]t, two shillings of every full pound at and uppon the first day of June then next and imediatelie following which shalbe in the yeare of our Lord God one thousand six hundred thirtie and three And the first payment and moytie of the fourth of the said five Subsidies, videl[ia]t, two shillings of every full pound as aforesaid to be due at and uppon the first day of December then next and ymediatelie following in the same yeare, And the second payment and moitie of the fourth of the said five Subsidies, videl[ia]t, two shillings of every full pound as aforesaid to be due at and uppon the first day of June then next and ymediatelie following which shalbe in the yeare of our Lord God one thousand six hundred thirtie and foure And the first payment and moitie of the fift and last of the said five Subsidies, videl[ia]t, two shillings of every full pound as aforesaid to be due at and uppon the first day of December then next and ymediatelie following in the same yeare, And the second and last payment and moytie of the fift and last of these five Subsidies to be due at and uppon the first day of June which shalbe in the yeare of our Lord God one thousand six hundred thirtie and five to be delivered and paid by such p[er]son and p[er]sons as in this p[re]sent Graunt shalbe appointed to have the Colleccion thereof to the Lord high Treasurer or Undertreasurer of England for the tyme being or to such p[er]son or p[er]sons and in such place or places as shall please your Highnes to appoint to be paid videl[ia]t, The first payment of every of the said five Subsidies which shalbe due at and uppon the first day of December as aforesaid to be paid at or before the last day of Februarie next following every of the aforesaid daies when the said payments or moyties shalbe due. And the second payment of every of the said five Subsidies which shalbe due at and uppon the first day of June as aforesaid to be made at or before the last day of August next following after every of the aforesaid daies when the said payments or moyties shalbe due without paying any thing to the Receiver or any other p[er]son or officer to be assigned for the receipt thereof for any acquittance or other discharge or dispatch uppon any such payment or receit of the said five Subsidies or any part thereof but onelie foure pence, and that to the Clerke for writing the Acquittance or discharge of every of the said payments.
Subsidy not payable for the Year in which First Fruits are paid.
Provided alwaies, that no p[er]son which hereafter shalbe p[ro]moted to any Benefice or spirituall promocion and shall compound with your Majestie your Heires or Successors for the first fruits of the same from the first day of December which shalbe in the yeare of our Lord God one thousand six hundred and thirtie and on this side the first day of June which shalbe in the yeare of our Lord one thousand six hundred thirtie and five shalbe contributary or charged for the same Benefice or Promocion to your Highnes your Heires or Successors with any part of the said five Subsidies during the first yeare after the tyme of any such compounding for his first fruits.
Archbishops, &c. to be Collectors.
Item your Highnes said Prelates and Clergie doe graunt, that every Archbishopp Bishopp (the See being void) every Deane and Chapter of that See void and none other p[er]son or p[er]sons shalbe Collectors of the said five Subsidies within their p[ro]per Dioces during the tyme appointed for the Payment of the said five Subsidies.
Collectors offering Payment, Officer to receive Money within Four Days, and give Receipt to Collector.
And your said Prelates and Clergie doe most humblie beseech your Majestie that it may be enacted by your Majestie and your High Court of Parliament for the speedie payment of the said five Subsidies and to avoid delaies thereof that when and as often as any Collector or Collectors chargeable with the Colleccion of the said five subsidies or of any part of them or their or any of their Undercollector or Undercollectors Deputie or Deputies or any of them shall offer the payment of the said five subsidies or of any part of them to the use of your Majestie your Heires Auditors to take Account within Six Days after Request, and make Allowances.; Delaying, &c. so to do, Penalty £10.; Imprisonment until Penalty paid. or Successors to any p[er]son or p[er]sons appointed to receive the same by your Highnes or by your Lord high Tresurer that the said p[er]son or p[er]sons so appointed shall within foure daies next after such appointment receive or cause to be received the mony so offred to be paid without any further delay and deliver one sufficient Bill testifying the receipt thereof to the said Collector or his Undercollector or Deputie uppon every such particular payment. And that everie such Auditor as is or shalbe appointed to take or receive the account of any such Collector or Collectors or of their severall Undercollectors or Deputies shall within six daies next after request to him to be made trulie and indifferentlie take the said account and make allowance as by this Graunt is appointed, uppon paine that every such p[er]son or p[er]sons appointed to receive the same so[m]me or so[m]mes of mony so offred and every such Auditor shall lose and forfeit for every default or delay to be made to the Collector or Collectors Undercollector or Undercollectors Deputie or Deputies soe offering to make payment or account as is aforesaid the so[m]me of ten pounds of lawfull mony of England, the one moitie thereof to be to your Majestie your Heires and Successors and the other moytie to the said Collector or Collector Undercollector or Undercollectors Deputie or Deputies so greived the same to be paid uppon complaint to be made to the said Lord Tresurer or Undertresurer or to the Lord cheife Baron of your Majesties Court of Exchequer who uppon such complaint shall p[re]sentlie examine the matter and finding default shall co[m]mitt the offendor to Warde there to remaine untill he shall have paid the said severall so[m]mes so forfeited.
Power to Collectors to levy Subsidy, and may account for the same as the King and Exchequer shall appoint, as Archbishops, &c. account for the Tenth; 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 the said Subsidies or any of them your said Prelates and Clergie doe likewise most humblie [beseech (fn. 2) ] your Majestie that it may be enacted by your Majestie and your said High Court of Parliament in manner and forme following That is to saie That every Collector of the said Five Subsidies and of every part and parcell of them and their lawfull Undercollector or Undercollectors Deputie or Deputies may have full power and authoritie to use all such waies and meanes and p[ro]cesse as be p[re]scribed in the Act of p[er]petuall Disme for the Colleccion and levying thereof and may make account of the same before the Lord High Treasurer or Undertresurer of England for the tyme being or any other Officer by your Highnes 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 onelie as the said Archbishopp and Bishopps be now charged to make account for the said p[er]petuall Disme and tenth, Whereby is meant that the lacke and default of payment of and for anie Spirituall promocion or promocions shall [onlie (fn. 2) ] charge such incumbent or incumbents and such others as be bound to pay the same. And that the Archbishopp Bishopp Deane and Chapter gathering that which they can receive and making payment thereof shall for the rest not by them received be discharged by their Certificate to be made unto your Highnes Court of Exchequer for every of the aforesaid payments which shalbe due upon the first day of December in any of the aforesaid yeares at or before the last day of Februarie next and i[m]mediatelie following every of the aforesaid daies when every of the said payments shalbe due, And for everie of the foresaid payments which shalbe due uppon the first day of June in any of the foresaid yeares at or before the last day of August next and imediatelie following every of the aforesaid daies when the said payments shalbe due, and that six pence of every pound wherewith the Collector shalbe charged in his account clerelie to be paid into the Receipt of your Majesties Exchequer or into such other place as shall please your Highnes to appoint shalbe allowed to the said Collector uppon his account for the same at every of the aforesaid severall tymes of payment for the charges of the said Colleccion Portage safe conveying and paying of the said five Subsidies.
Incumbent monished to pay and making default ; Proceedings.; Such Default certified into Exchequer. ; Penalty.
And moreover, that it may be enacted likewise, That after any payment of the said five Subsidies shalbe once due by vertue of this Graunt, if any Incumbent of any Benefice or Promocion Spirituall charged to the payment of any of the said five Subsidies or any part thereof being at any tyme after that the same payment shalbe due lawfully monished either p[er]sonallie or at his Dignitie Stall Church or Mansion house by the Archbishopp or Bishopp of the Dioces or his Undercollector or Undercollectors Deputie or Deputies or by the Deane and Chapter (the See being void) or by any of their Undercollector or Undercollectors Deputie or Deputies authorized in that behalfe to appeare by himselfe or his Deputie at a certaine day and place of convenient distance to the said Incumbent then to be signified and p[re]fixed and then and there to pay such part of the said five Subsidies for his Benefice or Promocion Spirituall or the whole, as then by vertue of this Graunt shalbe due, doe not either at the same day and place so to him signified and p[re]fixed trulie content and pay or cause to be contented and paid such payments of the said five Subsidies as then by him shalbe due to be paid unto the same Archbishopp or Bishopp or to his Undercollector or Undercollectors Deputie or Deputies or to the Deane and Chapter of any See being void or to their Undercollector or Undercollectors Deputie or Deputies or to one of them shewing sufficient deputacion from the said Archbishopp Bishopp or Deane and Chapter under his or their Seale in that behalfe being readie at the said day and place so signified and p[re]fixed to receive any payment of the said five Subsidies then due and openlie demaunding the same or els pay every of the payments of the said five Subsidies given by this Graunte within fiftie daies next after anie such p[re]fixed daies of warning at the furthest, soe that open demaund be made of every of the said payments of the said five Subsidies in and at the said place and day before p[re]fixed, That then every Incumbent so making default of any of the payments aforesaid wch shalbe due from [him (fn. 2) ] for anie of the parts of the said five Subsidies aforesaid after such default thereof certified into your Majesties Exchequer in writing under the Seale and hand writing of any Archbishopp or Bishopp or the co[m]mon Seale of the Deane and Chapter (the See being void) charged with the Colleccion of the said five Subsidies or any part of them, so that the said Certificate shalbe made according to the forme hereafter expressed and exhibited into your Majesties said Court of Exchequer videl[ia]t For every of the aforesaid payments of the said five Subsidies which shalbe due the first day of December in any of the aforesaid yeares at or before the last day of Februarie next following every of the aforesaid daies when every of the said payments shalbe due And for every of the aforesaid payments which shalbe due [upon (fn. 3) ] the first day of June in any of the aforesaid yeares at or, before the last day of August next following every of the aforesaid daies when every of the aforesaid payments shalbe due as aforesaid shall forfeit and lose to your Majestie your Heires and Successors all the proffitts which of that onelie Dignitie Benefice or Promocion for the which he maketh such default of payment and whereof such Certificate shalbe made shall come grow and arise unto him (over and above the charges of serving the Cure and the an[n]uall Tenth due to be paid out of the said Living) in one whole yeare next after such Certificate made and delivered unto your Highnes Court of Exchequer and there admitted in case the said Incumbent shall so long live: And that every such Certificate of any [such (fn. 3) ] default of payment shalbe made according to the tenor and effect ensuing (mutatis mutandis)
Form of Certificate of Default.
Honorabilib[us] & egregijs viris Dño Thesaurario & Baronib, de Scacaio Illustrissimi Dñi nri Dñi Caroli Dei gra Angl[ia] Scocie Francie& Hib[er]ñ Regis fidei Defensoris &c.
Vester humilis J. p[er]missione Divina L. Ep[iscop]us authoritate & vigore cujusdam Actus Parliamenti Anno Regni dci Dni Regis quarto edit & p[ro]vis ad colligendum & levandum quinq[ue] Subsidia eidem D[omi]no Regi in eodem Parliamento p[er] Prelatos & Clerum Cantuar Provincie concess videl[ice]t p[er] prima soluc[i]one primi Subsidij solvend primo die Decembris ultimo p[er]t[er]it infra Dioces n[ost]ram L. deputat & authorizat o[m]nimodam reverenciam tantis viris debitam cum honore. Vris reverencijs ha[rum] serie a[n]nuncio & c[er]tifico me p[er]fatum Ep[iscopu]m modo quo p[er]fertr deputatum & authorizatum sufficient[er] & cum o[m]ni diligencia requisivisse p[er] N.O. Subcollectorem seu deputatum meum in hac parte de quovis beneficio & p[ro]moc[i]oe eccl[es]iastica in quadam Schedula p[re]sentib[us] annex sp[ec]ificat su[m]mas soluc[i]ois dci primi Subsidij p[er] dcis beneficijs & p[er]moc[i]oib[us] debitas & solvendas dco primo dic Decembris ultim[m]m p[re]t[er]it, p[ro]ut in eadem Scedula p[re]sentib[us] annex plenius liquet & apparet. Sed dcas su[m]mas ex causis in eadem Scedula allegatis recip[er]e non potui In cujus rei testimoniu[m] Sigillum meum p[re]sentib[us] apposui. Dat[um] die mensis Anno Dñni.
Form of Schedule referred to in Certificate.
The forme of which Schedule above mencioned ensueth.
Civitas L. vel Decanatus de H.A.B. Rector vel Vicarius ibidem monitus fuit apud p[re]dict die ultim[m]m p[re]t[er]it p[er] N.O. Subcollectorem seu deputat meum ad solvend apud Eccl[es]iam de L. in Com. R. die p[ro] p[ro]x sequen soluc[i]oem sive illam partem dci primi Subsidij p[er] ipsm debitam primo die Decembris ultim p[re]t[er]it p[er] p[er]moc[i]oe sua p[er]dca: Sed p[er]dcus A. B. nec apud Eccl[es]iam de L. p[er]dict eodem die nec alibi p[er] quinquaginta dies postea sum[m]am p[er] ipsm debitam ut p[er]fertr solvit vel satisfecit neq dcam sum[m]am de p[ro]ficuis dce p[ro]moc[i]ois nec de bonis & catallis dci A. B. aliquo modo levare sive recipe potui.
Proviso 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 allwaies that if any Person or Incumbent chargeable by this Act or Graunt to any payment of the said five Subsidies or any part thereof shall proffer or tender payment of any su[m]me due to the Archbishopp or Bishopp or to the Deane and Chapter where the See is void or to any Undercollector or Undercollectors Deputie or Deputies of any Archbishopp Bishopp or Deane and Chapter aforesaid at anie tyme before the Certificate, exhibited into the Exchequer as is aforesaid, that then notwithstanding the Certificate made as is aforesaid against any such p[er]son against whome the said Certificate was so made shall and may averr the offer or tender of his payment as is aforesaid and of the same shalbe tried either by sufficient witnesses before the Lord Tresurer and Barons of the Exchequer or by the triall of twelve men uppon any issue thereuppon to be joyned betwixt the said Incumbent and any other p[er]son or p[er]sons that he or any, of them did offer or tender payment of the su[m]me due as aforesaid, which being found for the Incumbent then every such Incumbent shall have and enjoy his promocion or Promocions still without forfeiture or losing to your Majestie your Heires or Successors any the proffitts thereof, and as though no Certificate or default of any such payment had been made or exhibited, any thing in this p[re]sent Graunt or Acte to the contrary notwithstanding.
Quietus est to Archbishop, &c. being Collectors. ; Fees for Quietusest.; Refusing Quietus est, or taking a larger Fee.; Penalty, £10.; Particular Acquittance by Collector to Incumbent, &c. a full Discharge in Law.; Acquittances before Certificate not good.
And further that it may be enacted likewise that every Archbishopp and Bishopp and Deane and Chapter of every See vacant and other p[er]sons chargeable to and with the Colleccion of the said five Subsidies within the said Province of Canterbury shall and may have uppon every payment of the said five Subsidies made to the Lord high Tresurer or Undertresurer of England for the tyme being or to such other p[er]son or p[er]sons in place and places to whome and where it shall please your Highnes or your Court of Exchequer to appoint for the receipt thereof at every of the aforesaid tymes of payment, a sufficient Acquittance Discharge or Quietus est in writing of the aforesaid Lord high Tresurer or Undertresurer or of such other p[er]son or p[er]sons as either your Highnes or your said Court of Exchequer shall assigne for the receipt thereof or as heretofore in the like case it hath bene accustomed, the same acquittance discharge or Quietus est witnessing the receipt of so much of the same so[m]me of the said five Subsidies as shalbe soe received and every such acquittance discharge or Quietus est in writing subscribed with the name or names of the Lord high Treasurer or Undertresurer for the tyme being or of such Auditor or other p[er]son or p[er]sons as it shall please your Highnes or your said Court of Exchequer to appoint for the same receipt or of such others as heretofore in like cases it hath byn used shall and may be good and effectuall in the Law and be also as sufficient a discharge to all and every 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 onelie three shillings foure pence for every generall or finall acquittance discharge or Quietus est for every payment of the said five Subsidies. And if any p[er]son so assigned shall refuse or delay to make such a generall or finall acquittance discharge or Quietus est for any payment of the said five Subsidies or shall take or require for the same any more then three shillings foure pence Or if any other Officer of the Exchequer shall take or requier of any Collector or Collectors or of his or their Undercollector or Undercollectors Deputie or Deputies in respect of the Colleccion payment or account of the said five Subsidies or any part of them for expedition or for any other cause or p[re]tence whatsoever concerning the same any Fees or so[m]mes of mony other then are before in this p[re]sent Graunt expressly allowed unto them, shall forfeit the so[m]me often Pounds of lawfull mony of England to be paid and recovered in like manner and to the same uses as is before lymitted and expressed in this Graunt touching the like forfeiture of Receivors and Auditors. And also that every particular Acquittance which uppon any payment of the said five Subsidies shalbe made by anie Collector or Collectors of the said five Subsidies or any payment of them or by his or their Undercollector or Undercollectors Deputie or Deputies in that behalfe to any Incumbent of any Benefice or Promocion Spirituall or to any p[er]son or p[er]sons contributary and chargeable to and with the said five Subsidies or any part or payment of them shall be good and effectuall in Law and a full and sufficient discharge to every such Incumbent and other p[er]son and his Benefice and p[ro]mocion Spirituall of and for all such so[m]me and so[m]mes of mony as by the same acquittance shalbe acknowledged to be received in respect of the same Benefice or p[ro]mocion Spirituall for any payment or any part of the said five Subsidies: And that none acquittance of any other p[er]son or p[er]sons made before such Certificate, shall in any wise discharge any p[er]son or p[ro]mocion for any [Part or (fn. 4) ] payment of the said five Subsidies nor of any paine. penaltie or forfeiture specified in this Graunt.
Names of under Collectors certified by Archbishop, &c.
And to the intent it may be knowen to the Court of Exchequer who be the Undercollector or Undercollectors Deputie or Deputies of every such Archbishopp Bishopp or Deane and Chapter authorized to receive the same and to make acquittance thereof, every Archbishopp Bishopp and Deane and Chapter of any See being void shall yearelie together with their Certificates aforemencioned certifie the names of every the Undercollectors or Deputies to be appointed as is aforesaid.
Process not to issue within 20 Days after Day prefixed for Payment. ; Fee to Collectors on Acquittance.
Provided alwaies that no Collector of the said five Subsidies or of any part of them shall use anie Processe or compulsorie meanes or exact any Fees or so[m]mes of mony for the same or otherwise of anie p[er]son for not paying the said five Subsidies or any part of them at such certaine day and place as shalbe by the Collector or his Undercollector or Deputie p[re]fixed in case the said p[er]son shall tender the same unto the Collector or his Undercollector or Deputie within twentie daies next after such p[re]fixed day, And that the said Collectors shall not by themselves or anie others take of anie p[er]son for the receipt of any severall payment of the said five Subsidies, and for his acquittance thereuppon any more then foure pence by anie Colour or p[re]text whatsoever.
Spiritual Promotions, &c. not chargeable to any other Subsidy.
Provided allwaies, that no Spirituall promocions nor any lands possessions or revenues annexed to the same being charged by this Graunte of the Province of Canterbury or any goods or chattells growing being or renewing uppon the same or elsewhere appertayning to the owners of the said Spirituall promocions or to any of them shalbe charged or made contributary to any Fifteene or Tenth or to any other Subsidies alreadie graunted to your Highnes by the Laitie or hereafter to be graunted during the tyme appointed by this graunt for the payment of the said five Subsidies.
Deans, Archdeacons, &c. Prebendaries, &c. of Cathedrals, Colleges, &c. how chargeable. ; Archbishop, &c. to certify Portions chargeable and not chargeable into Exchequer.
Provided also that all Deanes Archdeacons Dignities Masters Wardens and Prebendaries of all Cathedrall and Collegiate Churches or any of them within the said Province shalbe charged with theise five Subsidies for those possessions revenues and p[ro]mocions onelie which to their severall p[ro]mocions dignities and roumes are clearelie and distinctlie lymytted, and to their onelie use severed thereof to pay (the tenth part being deducted) for every and each of the said five Subsidies foure shillings of every full pound in manner and forme as is above rehearsed, And that all those rents possessions proffitts porcions hereditaments and Spirituall p[er]mocions and every of them heretofore by your Highnes or any of the Kings or Queenes of this Realme or any p[er]son or p[er]sons whatsoever given graunted bequeathed devised or impropriated unto the said Cathedrall or Collegiate Churches or Colledges or to anie of them, which any waies be assigned imployed or used either for or towards the yearelie mayntenance of Readers of Divinitie Poore men Schoolemaisters Ushers Grammarians Petie Canons Conducts Vicars chorall Singingmen Choristers Virgers Sextons or of other necessarie or dailie Officers or Ministers in such Cathedrall or Collegiate Churches or Colledges or any of them or for or towards the reedifying or repayring of any of the same Cathedrall or Collegiate Churches or Colledges shall not be charged with any part of these five Subsidies the certentie of which porcions as well chargeable [to theise five Subsidies as not chargeable (fn. 4) ] in this behalfe the Archbishopp or Bishopp of the Dioces or (the See being void) the Deane and Chapter or any other to whome the same shall or may appertaine uppon due search and examinac[i]on shall certifie under his or their Seale into your Highnes said Court of Exchequer at or before the severall daies aforesaid appointed for the payment of the said five Subsidies.
Proviso for Spiritual Persons paying Pensions.
Provided alwayes that every Parson Vicar or other Spirituall p[er]son, paying any Pension, whereof no allowance is, made in the valuation of his Promocion or Benefice shall and may retayne to his owne use and releife so much, of every pound of every such Pension for every payment of theise five Subsidies as he standeth charged by this Graunt to pay for every part and payment of the said five Subsidies out of every pound for the whole valuacion of his Spirituall Promocion, any Covennnt Graunte or Bond to the contrary notwithstanding.
Proviso for Lands, &c. formerly granted for Obits, &c. and come into the Hands of King E. VI. &c. and in Act 1 E. VI. c. 14.
Provided also, and your said Prelates and Clergie doe most humblie beseech your Highnes that it may be enacted by your Majesties authoritie and your High Court of Parliament, that where certaine Lands Tenements Rents Sp[irit]uall Promocions Tithes Pencions Porcions Fruits and other Hereditaments latelie belonging to divers Cathedrall Churches and to other places Eccliasticall within the said Province of Canterbury which were given and assigned to be bestowed and spent in and on finding and maintayning of certaine Chauntries Anniversaries Obits Lights Lampes and other like charges intents and purposes of late come into the hands and possession of the late King of famous memory Edward the sixt by force of a Statute thereof made in the first yeare of his raigne as by the said Statute more plainelie appeareth: that the Cathedrall Churches and the Bishopps Deanes or Presidents and Chapters and Prebendaries of the same and all other places and p[er]sons Eccl[ia]sticall and every of them to whome the said Lands Rents and other the p[re]misses or anie of them did latelie appertaine shall not during the time appointed by this Graunt for payment of the said five Subsidies be charged to and with any payment of Subsidie of and for that part and porcion of Landes Tenements Rents Spirituall p[er]mocions and other Hereditaments or any of them whereunto the said late [King (fn. 5) ] by force of the said Statute was intituled or possessed of nor of any yearelie Rents or Payments going out of the said Cathedrall Churches and other the places and p[er]sons Eccl[ia]iasticall aforesaid: And that deduccion and allowance thereof be made to them and every of them accordinglie in and uppon every payment of the said five Subsidies out of the whole valuacion taxacion and estimacion made for the payment of the said p[er]petuall Disme or Tenth remayning of Record in your Highnes Court of Exchequer as aforesaid for the rate and porcion of Lands Tenements Rents Spirituall p[er]mocions and other Hereditaments and those yearelie payments whereunto the said late King was intituled or possessed of or which since the making of the said Statute, by reason that they have byn found as Lands Tenements Rents Tithes or other Hereditaments concealed from the said late King Edward the sixt the late King Henry the eight the late Queene Mary the late Queene Elizabeth your late most Royall Father or any of them or from your Majestie or otherwise are severed from the possessions of the said Cathedrall Churches, and other places and p[er]sons aforesaid or of any of them by force of the Statute p[re]mised or any otherwise.
Proviso for the Universities.; Colleges of Windsor, Westminster, Eaton, and Winchester; Hospitals, Free Schools, &c.
Provided also, that the said five Subsidies graunted by the Clergie or any part of them shall not be demaunded or levyed out of any Benefice house of Students or Colledge scituate or set within either of the Univ[er]sities of Oxford or Cambridge or any Benefice Lands or other Revenues unto the said Univ[er]sities or either of them or to any house of Students or Colledge in anie of the said Univ[er]sities united appropriated or appertayning 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 St Maries Colledge by Winchester founded by William Wickham sometyme Bishopp of Winchester or of anie Hospitalls Almes houses or Grammer Schooles or of any Church Benefice or other revenues to the said Colledges Hospitalls Almes houses or Grammer Schooles or to any of them annexed appropriated. or otherwise appertayning.
Proviso for Livings not above £6. 13s. 4d. yearly.
Provided allwaies that all Parsons Vicars and all other Eccl[ia]sticall p[er]sons whose Benefices are not above six pounds thirteene shillings and foure pence by the yeare after the taxacion aforesaid shall not be charged with the said five Subsidies or any part of the same.
Livings of £8. and not above £10. yearely Value shall pay 6s. 8d. on each Subsidy; Vicarages under £8. Incumbent not charged.
Provided also that every Viccar whose Benefice is eight Pounds or above and not above ten pounds by the yeare after the taxacion aforesaid shall pay unto your Highnes your Heires and Successors six shillings and eight pence at every payment of the said five Subsidies at such tymes and to such p[er]sons as is aforesaid for his part of the said five Subsidies, And if any Viccaridge be under eight pounds by the taxacion aforesaid, the Incumbent shall not be charged with any part or payment of the said five Subsidies, and for the sure and true payment of the said five Subsidies graunted by your said Prelates and Clergie of the Province of Canterbury according to the tenour purport effect and true meaning of this p[re]sent Graunt, your said Prelates and Clergie most humblie desire your Highnes, that this their said Gift Graunt and five Subsidies and every matter so[m]me of mony Peticion Clause Provisions Reservacions and Sentences in this Instrument conteyned concerning the said five Subsidies may be ratified established and confirmed by the authoritie of your Highnes Court of Parliament.
In quo[rum] o[mn]i[u]m & singulo[rum] p[re]misso[rum] fidem & testimoniū Nos Georgius Archiep[iscop]us Cantuar antedcus has p[re]sentes lras nras Testimoniales sive hoc p[re]sens publicum Instrumentum ad humilem rogatum Prelato[rum] & Cleri p[re]dict Sigilli nri appensione ac signo n[om]i[n]e & subscripc[i]oe Johis Drake Notarij publici deputati Nichi Weston Registrarij nri principalis jussim & fecim com[m]uniri, Dat dco septimo die mensis Maij Anno Dñi mill[essi]mo sexcentesimo vicesimo octavo Regniq[ue] vri felicissimi Angl[ia] Scocie Francie & Hib[er]ñ quarto & nre tanslac[i]ois [Annor] decimo octavo.
Grant ratified by Parliament.
Wherefore for the true and sure payment of the said Subsidies graunted by the said Prelates and Clergie of the said Province of Canterbury according to the tenor effect and true meaning of the said Instrument. Be it enacted by the Kings most Excellent Majestie with the assent of the Lords Spirituall and Temporall and the Co[m]mons in this p[re]sent Parliament assembled and by the authoritie of the same that the said Guift and Graunte and every matter so[m]me of mony peticion provision clause and sentence in the same Instrument contayned shall stand and be ratified established and confirmed by the authoritie of this p[re]sent Parliament.
II. Power to Collectors to levy Subsidies by Censures of the Church, and by Sequestration, Distress, &c.
Farmers, &c. may retain Monies paid for their Lessors. ; Sale of Distress.
And further be it enacted by the authoritie aforesaid that every p[er]son that shalbe appointed to the collecting and gathering of the said Subsidies shall have power and authoritie to levie take and p[er]ceive the said Subsidies by the Authoritie of the censures of the Church That is to saie by Suspension Exco[m]municacion or Interdiccion and also by Sequestracion of the fruits and proffitts of their Benefices and p[re]mocions Spirituall in whose hands soever they be and to make sale of the same fruits without daunger of the Lawes of this Realme or by distresse upon the possessions of the Farmors or occupiers of the Lands and Tenements chargeable by the said Instrument for or to the payment of any so[m]me or so[m]mes of mony to be due by force thereof or otherwise by the discrecion of the Collector thereof, And that no Replevie Prohibicion or Sup[er]sedeas shalbe allowed or obeyed for any p[er]sons making default of the payment of the said Subsidies or any of them contrary to the tenor of the Graunt thereof untill such time as they have trulie satisfied and contented all such part and porcions as to them in that behalfe appertayneth And that every such Farmor and Farmors their Executors and Assignes that shall fortune hereafter to be charged to or with the payment of the said Subsidies or any part thereof shall by the Authoritie aforesaid be allowed and retaine in his hands as much of his yearelie Rent and Farme as the Su[m]me which he shall fortune to pay for his Lord or Leasour shall extend unto (except that the said Farmor or Farmors their Executors or Assignes by the Lease and Graunt that they have of any part of the Lands Tithes Proffitts or Tenements chargeable to the said Subsidies or by force of any Covenant or Article therein contayned be bound and charged to pay the same, and thereof to discharge the Leasour and Landlord during the terme mencioned in the said Lease.)
III. Subsidies may be levied by Distress on Farmers of Impropriations.
And likewise be it enacted by the authoritie of this p[re]sent Parliament, That whereas divers Curates liable to the Subsidies being oftentimes removeable doe serve aswell in divers Impropriacions belonging to the Kings Majestie as in other Spirituall promocions belonging to other p[er]sons that for the speedie recovery of the said Subsidies it may be lawfull to the said Collector or Collectors of the said Subsidies their Deputie or Deputies to levie the said Subsidies uppon the Farmor or Farmors or occupiers of all such Impropriacions or Spirituall promocions by all censures of the Church aforesaid and every of them or by way of distresse of Tithes of the said Impropriacion or Impropriac[i]ons and Spirituall promocions or otherwise uppon the Goods and Chattells of the said Farmor or Farmors and Occupiers: in which case no inhibicion prohibicion Replevie or other p[ro]cesse awarded to the contrary shalbe obeyed Any Lawes Statuts Priviledges or Customes to the contrary hereof heretofore made graunted or used or hereafter to be made graunted 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 Archbishopp Bishopp Deane and Chapter for not payment of the said Subsidies after the same shalbe due in or at any [of the said (fn. 6) ] tymes of payment to prise and value the said Distresse and Distresses by two indifferent neighbours by him to be chosen and the Distresse and Distresses so prised to sell and thereof to detaine so much mony as shall amount to the so[m]me payable to the Kings most excellent Majestie with the reasonable charges also of the said Collectors susteined in that behalfe, and the rest of the mony made of the said Distresse to be delivered and paid to the Owner and Occupier thereof.
IV. How Lay Impropriators shall be charged for their Spiritual and Temporal Possessions.
Provided allwaies and be it enacted by the authoritie aforesaid that every Lay p[er]son having Spirituall promocion chargeable by this Acte and also having Temporall possessions Goods Chattells and Debts charged to the said Subsidies graunted in this Parliament by the Temporaltie shalbe taxed charged and sett for his said Spirituall promocions with the Clergie and his Temporall possessions and Chattells reall with the Temporaltie and not otherwise, any thing before mencioned to the contrary notwithstanding.
V. This Act extended to the Subsidy of the Province of York.
And be it further enacted by the authoritie aforesaid that all and every graunt and graunts of all and every so[m]me and so[m]mes of mony graunted or which hereafter shalbe graunted to the Kings Majestie by the Clergie of the Province of Yorke shalbe of the same strength force and effect in all things as the said graunt made by the said Province of Canterbury and shalbe taxed certified collected levyed gathered and paid according to the tenor forme and effect of this p[re]sent Act of Parliament to all intents construccions and purposes in such manner and forme as though it were sp[ec]iallie plainelie and particularlie expressed and rehearsed in this p[re]sent Act by expresse words termes and sentences in their severall natures and kindes.
VI. Provisions in the Grants of the Clergy declared valid.
Provided allwaies and be it enacted by the authoritie aforesaid that all p[re]visions before rehearsed contayned or to be contayned in the said Graunt of the Prelates and Clergie of the Province of Canterbury and the like of the same Provisoes [contayned (fn. 6) ] in the said Graunt of the Prelats and Clergie of the Province of Yorke shalbe good and effectuall and to be observed and kept in every point and article according to the purport and true meaning of the same.