Taxation (No. 2) Act 1625

VIII. Persons named in Precept to appear before Commissioners.

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. or more.; Commissioners to read the Rates openly.; Afterwards another Day appointed by Commissioners for such Persons to appear.; Not appearing.; Penalty 40s.; or refusing to make Certificate.; Penalty 40s.; Commissioners to 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 not appearing.; Penalty double Rate.; On Enquiry into the Substance of Persons charged, Commissioners may increase Taxation.

And it is further ordeyned by the Authoritie of this p[re]sent Parliament, that at the said day and place p[re]fixed and lymitted in the said p[re]cept, every of the said Co[m]missioners then being in the Shire, and not having sufficient excuse for his absence, at the day and place p[re]fixed for that part whereunto he was lymitted, shall appeare in his owne p[ro]per p[er]son, and there the same Co[m]missioners being p[re]sent or as many of them as shalbe appointed by the Kings Majesties Co[m]mission, shall call or cause to be called before them the said Inhabitants and officers to whome they have directed their said p[re]cepts, and which had in co[m]maundement there to appeare by vertue of the said p[re]cept. And if any p[er]son so warned make default, unlesse he then be letted by sicknes or lawfull excuse, and that lett be then witnessed by the oathes of two credible p[er]sons, or if any appearing refuse to serve in forme following, Then every such p[er]son so making default or refusing to serve shall forfeit to the Kings Majestie fortie shillings, and so at every tyme appointed by the saide Co[m]missioners for the same Taxacion, untill such Tyme the nomber of every such p[er]sons have appeared and certified in forme underwritten, every of them so making default or refusing to serve, shall forfeit to the Kings Majestie fortie shillings, and uppon the same appearance had, they shalbe charged before the Co[m]missioners by all convenient waies and meanes (other then: by corporall Oath) to enquire of the best and most value of the substance of every p[er]son dwelling and abiding within the lymitts of the places that they shalbe charged with, and of other which shall have his or their most resort unto any of the said places and chargeable with any su[m]me of mony by this Acte of the said [X1 Subsidies] and of all other things requisite touching the said Act, and according to the intent of the same, and thereuppon as neere as it may be or shall come to their knowledge, without respect of any former taxacion heretofore had, trulie to p[re]sent and certifie before the said Co[m]missioners the names and surnames, and the best and uttermost substance and values of every of them, as well of Landes Tenements and other Hereditaments Possessions and Proffitts, as of goodes chattells debts and other things chargeable by the same Act, without any concealement, love, favour, affeccion, dread or malice, uppon paine of forfeiture of five pounds or more, to be taxed, extracted, and levied in forme as hereafter in this p[re]sent Act shall be lymitted or appointed: and thereuppon the said Co[m]missioners shall openlie there read, or cause to be read unto them the said rates in this Act mencioned, and openlie declare the effect of their charge unto them in what manner and forme they ought and should make their certificates according to the rates and so[m]mes thereof abovesaid, and of all manner of p[er]sons aswell Aliens and Strangers Denizens or not Denizens inhabiting within this Realme, as of such p[er]sons as be borne under the Kings obeisance chargeable to this Act, and of the possessions goodes and chattells of Fraternities Guilds Corporacions Brotherhoods Misteries Co[m]monalties, and other as is abovesaid, and of p[er]sons being in the parts beyond the Seas, having Goods and Chattells Lands or Tenements within this Realme as is aforesaid, and of all goods being in the Custodie of any p[er]son or p[er]sons, to the use of any other as is abovesaid, by the which Informacion and shewing, the said p[er]sons should have such plaine knowledge of the true intent of this p[re]sent Act, and of the manner of their Certificate, That the same p[er]sons shall have no reasonable cause to excuse them by ignorance. And after such charge, and the Statute of the said [X2 Subsidies] and the manner of the said Certificate to be made in writing, conteyning the names and surnames of every p[er]son, and whether he be borne without the Kings obeysance, or Within, and the best value of every p[er]son, in every degree, aswell of the yearelie value of Lands and Tenements, and of such like possessions and proffitts, as of the value of goods and chattells debts and every thing to their certificate requisite and necessary to them declared, the said Co[m]missioners there being, shalby their discrecions lymitt and appoint unto the said p[er]sons another day and place to appeare before the said Co[m]missioners, and charging the said p[er]sons, that they in the meane tyme shall make diligent inquirie by all waies and meanes of the p[re]misses, and then and there every of them uppon paine of forfeiture of fortie shillings to the Kings Majestie, to appeare att the said new p[re]fixed day and place there to certifie unto the said Co[m]missioners in writing according to their said charge and according to the true intent of the said Graunt of Subsidie and as to them in manner aforesaid hath bene declared and shewed by the Co[m]missioners, Att which daie and place so to them p[re]fixed, if anie of the said p[er]sons make default, or appeare and refuse to make the said Certificate that then everie of them so offending, to forfeite to the Kings Majestie fortie shillings except there be a reasonable excuse of his default, by reason of his sicknes or otherwise by the oathes of two credible p[er]sons there witnessed, and of such as appeare readie to make Certificate as is aforesaid, the said Co[m]missioners there being, shall take and receave the same Certificate and every part thereof, and the names values and substance of everie p[er]son so certified And if the said Co[m]missioners see cause reasonable they shall examine the said Presenters thereof, and thereupon the said Co[m]missioners att the said daies and place by their agreement amongest themselves, shall from time to time there openlie p[re]fixe a day at a certaine place or places within the limitts of their Co[m]mission by their discrecion for their further p[ro]ceeding to the said Assessing of the same [X3 Subsidies,] And thereuppon att the said day of the said Certificate, as is aforesaid taken, the same Co[m]missioners shall make their p[re]cept or p[re]cepts to the Constables Subconstables Bailiffs or other Officers of such Hundreds Wapentakes Townes or other places aforesaid as the same Co[m]missioners shalbe of comprysing and conteyning in the said p[re]cepts the names and surnames of all p[er]sons p[re]sented before them in the said Certificate, of whome if the said Co[m]missioners or as many of them as shalbe thereunto appointed by the Kings Co[m]mission shall then have vehement suspect to be of more greater value or substance in Lands Goods Chattells or so[m]mes of money owing unto them or other substance aforesaid then uppon such p[er]son or p[er]sons soe certified and specified as aforesaid, the same Co[m]missioners shall make their p[re]cepts or p[re]cept directed to the Constables Bailiffs or other Officers co[m]manding the said Constables Bayliffs or other officers to whome such p[re]cept shalbe directed to warne such p[er]sons whose names shalbe comprised in the said p[re]cepts att their mansions, or to their p[er]sons, that the same p[er]sons named in such p[re]cepts and everie of them shall p[er]sonallie appeare before the said Co[m]missioners at the said new p[re]fixed day and place there to be examined by all waies and meanes (other then by corporall oath) by the said Co[m]missioners of their greatest substance and best value, and of all and everie somes of money owing to them and other whatsoever matter conc[er]ning the p[re]misses or anie of them according to this Act. At which day and place so p[re]fixed the said Co[m]missioners then and there being, or as many of them as shalbe thereunto appointed by the Kings Co[m]mission, shall cause to be called the said p[er]sons whose names shalbe comprised in the said p[re]cept as is aforesaid for their examinacion, And if anie of [X4 these] p[er]sons which shalbe warned as aforesaid to be examined, which at anie time after the warning, and before the day p[re]fixed shalbe within such place as he may have knowledge of his said appearance to be made make default and appeare not, unlesse a reasonable cause, or els a reasonable excuse by the oathes of two credible p[er]sons, before the said Co[m]missioners, be truelie alleaged for his discharge, that then everie of them so making default to be taxed and charged to the Kings Majestie, with and at the double so[m]me of the rate, that he should or ought to have bene sett att, for and after the best value of his landes or substance uppon him c[er]tified if he had appeared by the discrecion of the Co[m]missioners there being which Commissioners shall travaile with every of the other p[er]sons soe then and there appearing, whose names shalbe exp[re]ssed in the said p[re]cept or p[re]cepts and in whome anie vehement suspect was or shalbe had in forme aforesaid by all such waies and meanes they can, other then by corporall oath for the better knowledge of their best value, either in hereditaments or possessions, or els in goods or debts and thereuppon shall have power and authoritie by virtue of this Act according to their discrecions to enlarge and increase the taxac[i]on of such p[er]sons as they shall soe find by due examinacion to be of greater value or substance in landes or goodes, then the were p[re]sented att.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: Subsidie O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: Subsedy O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3 Variant reading of the text noted in The Statutes of the Realm as follows: Subsidie O. [O. refers to a collection in the library of Trinity College, Cambridge]

X4 Variant reading of the text noted in The Statutes of the Realm as follows: those O. [O. refers to a collection in the library of Trinity College, Cambridge]