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Section VI Persons named in Precepts to appear before the Commissioners.

Original text. Later amendments are not shown.

Such Persons making, Default, or refusing to serve. Penalty 40s. Upon Appearance charged; to make Enquiry into the Substance of Persons to be charged; but such Enquiry not to be taken on Oath, and to certify before Commissioners. Penalty £5. Commissioners thereupon to read the Rates openly, and to declare how Certificates to be made, &c. Afterwards another Day appointed by Commissioners for such Persons to appear. Not appearing. Penalty 40s; Or refusing to make Certificate. Penalty 40s. Commissioners may examine Presenters of Certificate. Further Proceedings on Assessments by Precept to Constables, &c. to warn Persons named therein to appear. Oath not allowed on Enquiry into the Substance of Persons charged. Persons named in the said Precept called upon and not appearing. Penalty, Double Rate. On Enquiry into the Substance of Persons charged, Commissioners may increase Taxation. Spiritual Persons how rated for Temporal Possessions.

And it is further ordained by the authority of this present Parliament that at the said day and place prefixed and limited in the said precept every of the said Commissioners then being in the Shire and not having sufficient excuse for his absence at the day and place prefixed for that part whereunto he was limited shall appeare in his owne proper person and there the same Commissioners being present or as many of them as shall be appointed by the Kings Majesties Commission shall call or cause to be called before them the said Inhabitants and Officers to whom they have directed theire said Precepts and which had in Commandment there to appeare by vertue of the said Precept And if any person soe warned make default unlesse he then be letted by sicknes or lawfull excuse and that let be then witnessed by the Oathes of two credible persons X1or of any appearing refuse to serve in forme following then every such person soe making default or refusing to serve shall forfeite to the Kings Majestie Forty shillings and soe att every time appointed by the said Commissioners for the said severall taxations untill such time as the number of every such persons have appeared and certified in forme underwritten every of them soe making default or refusing to serve shall forfeit to the Kings Majestie fourty shillings and upon the same appearance had they shall be charged before the Commissioners by all convenient wayes & meanes other then by corporall oath to enquire of the value of the substance after the usuall manner of every person dwelling and abiding within the limits of the places that they shall be charged with and of other which shall have his or theire most resorte unto any of the said places and chargeable with any su[m]me of money by this Act of the said Subsidies and all other thinges requisite touching the said Act and according to the intent of the same and thereupon as neere as it may be or shall come to theire knowledge without respect of any former taxation heretofore had truly to present and certifie before the said Commissioners the names and surnames and the substance and values of every of them after the usuall manner as aforesaid aswell of Lands Tenements and other Hereditaments Possessions and Profits as of Goods Chattels Debts and other things chargeable by the same Act without any concealment love favour affection dread or malice upon paine of forfeiture of five Pounds at the most to be taxed extracted and levied in forme as hereafter in this present Act shall be limited or appointed And thereupon the said Commissioners shall openly there read or cause to be read unto them the said rates in this Act mentioned and openly declare the effect of theire charge unto them in what manner and forme they ought and should make theire Certificates according to the rates and sums thereof abovesaid and of all manner of persons aswell Aliens and Strangers denizens or not denizens inhabiting within this Realme as of such Popish Recusants and X2other persons as be borne under the Kings obeysance chargeable to this Act and of the Possessions Goods and Chattells of Fraternities Guilds Corporations Brotherhoods Mysteries Communalties and other as is abovesaid and of persons being in the parts beyond the Seas having Goods and Chattels Lands or Tenements within this Realme as is aforesaid and of all Goods being in the custody of any person or persons to the use of any other as is abovesaid by the which information and shewing the said persons may have such plaine knowledge of the true intent of this present Act and of the manner of theire Certificate that the same persons shall have no reasonable cause to excuse them by ignorance And after such charge and the Statute of the said Subsidies and the manner of the said Certificate to be made in writing conteyning the names & sirnames of every person and whether he be borne without the Kings Dominions or within and the value of every person in every degree aswell of the yearely value of Lands and Tenements and of such like Possessions and Profits as of the value of Goods and Chattells Debts and every thing to theire Certificate requisite and necessary to them declared the said Commissioners there being shall by theire discretions limit and appoint unto the said persons another day and place to appeare before the said Commissioners and chargeing the said persons that they shall in the meane time make diligent enquiry by all wayes and meanes of the premisses and then and there every of them upon pain of forfeiture of fourty shillings to the Kings Majesty to appeare att the said next prefixed day and place there to certifie unto the said Commissioners in writing according to theire said charge and according to the true intent of the said Grant of Subsidies and as to them in manner aforesaid hath beene declared and shewed by the Commissioners At which day and place soe to them prefixed if any of the said persons make default or appeare and refuse to make the said Certificate then every of them soe offending to forfeite to the Kings Majesty forty shillings (except there be a reasonable excuse of this default by reason of his sicknesse or otherwise by the oaths of two credible persons there witnessed) and of such as appeare ready to make Certificate as is aforesaid the said Commissioners there being shall take and receive the same Certificate and every parte thereof and the names values and substance of every person soe certified And if the said Commissioners see cause reasonable they shall examine the said presenters thereof and thereupon the said Commissioners att the said dayes and places by theire Agreement amongst themselves shall from time to time there openly prefix a day att a certain place or places within the limits of theire Commission by theire discretion for theire further proceeding to the said assessing of the same Subsidies. And thereupon att the said day of the said Certificate as is aforesaid taken the same Commissioners shall make theire Precept or Precepts to the Constables Subconstables Bailiffes or other Officers of such Hundreds Wapentakes Townes or other places aforesaid as the same Commissioners shall be of comprising and conteyning in the said Precepts the names and sirnames of all persons presented before them in the said Certificate of whom if the said Commissioners or as many of them as shall bee thereunto appointed by the Kings Commission shall then have vehement suspect to be of more greater value or substance in Lands Goods Chattels or sums of money owing unto them or other substance aforesaid then is upon such person or persons soe certified and specified as aforesaid the same Commissioners shall make theire Precept or Precepts directed to the Constables Bailiffes or other Officers commanding them to whom such Precepts shall be directed to warn such persons whose names shall be comprised in the said Precepts at theire Mansions or to theire persons that the same persons named in such Precepts and every of them shall personally appeare before the said Commissioners att the said new prefixed day and place there to be examined by all wayes and meanes (other then by corporall oath) by the said Commissioners of theire Substance and value in manner as aforesaid and of all and every sums of money owing to them and other whatsoever matter concerning the premisses or any of them according to this Act. At which day and place soe prefixed the said Commissioners then and there being or as many of them as shall be thereunto appointed by the Kings Commission shall cause to be called the said persons whose names shall be comprised in the said Precept as is aforesaid for theire examination. And if any of those persons which shall bee warned as aforesaid to bee examined which at any time after the warning and before the day prefixed shall be within such place as he may have knowledge of his said appearance to be made shall make default and appeare not unlesse a reasonable cause or excuse by the Oathes of two credible witnesses before the said Commissioners be truly alleadged for his discharge that then every of them soe making default to be taxed and charged with and att the double sum of the rate that he should or ought to have beene set att for and after the value aforesaid of his Lands or substance upon him certified if he had appeared by the discretion of the Commissioners there being which Commissioners shall travell with every of the other persons soe then and there appearing whose names shall be expressed in the said precept or precepts and in whom any vehement suspition was or shall bee had in forme aforesaid by all wayes and meanes they can (other then by corporall oath) for there better knowledge of theire value as aforesaid either in Hereditaments or Possessions or else in Goods or debts and thereupon shall have power and authority by vertue of this Act according to theire discretions to inlarge and increase the taxation of such persons as they shall soe finde by due examination to be of greater value or substance in lands or goods then they were presented at. And that every Spirituall Person at every of the said taxations of the said Subsidies shall be rated and set according to the rate abovesaid of and for every pound that the same Spirituall Person or any other to his use hath by descent bargain or purchase in Feesimple or Feetail terme of Life terme of Yeares by execution wardshipp or copy of Court Roll in any Mannors Lands Tenements Rents Services Offices Fees Corrodies Annuities and Hereditaments after the true just and yearely value thereof and according as other the Kings Majesties Subjects born within this Realme be charged in form above remembred soe the same extend not to the yearely value of twenty shillings or above.

Annotations

Editorial notes

X1

Variant reading of the text noted in The Statutes of the Realm as follows: in O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2

interlined on the Roll.