Taxation (No. 2) Act 1627

XI. Persons named in such Precepts to appear before the Commissioners.

Such Persons making Default or refusing to serve.; Penalty 40s.; Oath not allowed on Inquiry into the Substance of Persons liable to be charged.; Penalty.; Commissioners to read Rates openly.; and after such Charge, ; Commissioners to limit another Day.; Persons not attending.; Penalty 40s.; Penalty 40s; Commissioners to examine Presenters.; Further Proceedings on Assessments.; Commissioners suspecting greater Substance or Value than specified, ; to order personal Appearances of Persons charged.; Such Persons not appearing, ; Penalty double Value of Rate.; Oath not allowed on Inquiry into Substance of Persons liable to be charged.; Spiritual Persons how rated for Temporal Possessions.

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 lymited in the said Precept 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 [X1 place] 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 Precepts 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 unles he then be letted by sicknesse or lawfull excuse and that let 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 soe at every tyme appointed by the said Co[m]missioners for the said severall Taxacions untill such tyme the nomber of every such p[er]sons have appeared and certified in forme underwritten every of them soe 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 value of the substance after the usuall manner 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 so[m]me of mony by this Act of the said Subsidies and of all other things requisit touching the said Acti and according to the intent of the same, and thereuppon as neere as it may be or shall come to their knowledge without respectof any former taxacion heretofore had trulie to p[re]sent and certifie before the said Co[m]missioners the names and surnames and the substance and values of every of them after the usuall manner as aforesaid as well of Lands Tenements and other Hereditaments possessions and proffitts [X2 and] of goods chattells debts and other things chargeable by the same Act.e without any concealment love favour affeccion dread or malice upon paine of forfeiture of five pounds or more to be taxed extracted and levied in forme as hereafter in this p[re]sent Act shalbe lymitted or appointed And thereuppon the said Co[m]missioners shall openlie there reade or cause to be read unto them the said rates in this Act menc[i]oned 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 as well Aliens and Straungers Denizens or not Denizens inhabiting within this Realme as of such Popish Recusants and others p[er]sons as be borne under the Kings. obeysance chargeable to this Act and of the possessions goods 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 Goodes 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]son to the use of any other as is abovesaid, by the which Informacion and shewing the said p[er]sons may 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 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 Dominions or within and the value of every p[er]son in every degree as well 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 necessarie to them declared the said Co[m]missioners there being shall by 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 shall in the meane tyme make diligent inquiry 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 at the said next 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 byn declared and shewed by the Co[m]missioners, At which day and place so to them p[re]fixed if any of the said p[er]sons make default or appeare and refuse to make the said Certificate then every of them so offending to forfeit 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 ready to make Certificate as is aforesaid the said Co[m]missioners there being shall take and receive the same Certificate and every part thereof and the names values and substance of every p[er]son so certified, And if the said Co[m]missioners see cause reasonable they shall examine the said Presenters thereof, and thereup[p]on the said Co[m]missioners at the said daies and place by their agreement amongest themselves shall from tyme to tyme there openlie p[re]fixe a day at a certaine place or places within the lymitts of their Co[m]mission by their discrecion for their further p[ro]ceeding to the said assessing of the same Subsidies And thereuppon at the said day of the said Certificate as is aforesaid taken the same Co[m]missioners shall make their Precept or Precepts to the Constables Subconstables Bailiffes or other Officers of such Hundreds Wapentakes Townes or other places aforesaid as the same Co[m]missioners shalbe of comprising and contayning in the said Precepts the names and surnames of all p[er]sons p[re]sented before them in the said Certificate of whome [X3 if] the said Co[m]missioners or as many of them as shalbe thereunto appointed by the Kings Co[m]mission shall X4 have vehement suspect to be of more greater value or substance in Lands Goods Chattells or so[m]mes of mony owing unto them or other substance aforesaid then is uppon such p[er]son or p[er]sons soe certified and specified as aforesaid the same Co[m]missioners shall make their Precept or Precepts directed to the Constables Bailiffs or other Officers co[m]maunding them to whome such p[re]cept shalbe directed to warne such p[er]sons whose names shalbe comprised in the said Precepts at their mansions or to their p[er]sons that the same p[er]sons named in such Precepts and every 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 substance and value in manner as aforesaid and of all and every so[m]mes of mony owing to them and other whatsoever matter concerning the p[re]misses or any 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 shall be 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 Precept as is aforesaid for their examinacion And if any of those p[er]sons which shalbe warned as aforesaid to be examined (which at any tyme 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) shall make default and not appeare unlesse a reasonable cause or excuse by the oathes of two credible p[er]sons before the said Co[m]missioners be trulie alleaged for his discharge, that then every of them soe 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 byn sett at for and after the value aforesaid of his lands or substance uppon him certified if he had appeared by the discrecion of the Co[m]missioners there being, which Co[m]missioners shall travaile with every of the other p[er]sons so then and there appearing whose names shalbe expressed in the said p[re]cept or p[re]cepts and in whome any vehement suspect was or shalbe had in forme aforesaid by all waies and meanes they can (other then by corporall oath) for the better knowledge of their value as aforesaid either in Hereditaments or possessions or else in goods or debts, and thereuppon shall have power and authoritie by vertue of this Act according to their discrecions to inlarge and increase the taxacion of such p[er]sons as they shall soe finde by due examinacion to be of greater value or substance in lands or goods then they were p[re]sented at, And that every Spirituall p[er]son at every of the said taxacions of the said Subsidies shalbe rated and sett according to the rate abovesaid of and for every pound that the same spirituall p[er]son or any other to his use hath by discent bargaine or purchase in Fee simple or Fee taile terme of life terme of yeres by execucion wardshipp X5 coppie of Court Roll in any Mannors landes tenements rents s[er]vices offices fees corrodies an[n]uities and Hereditaments after the true just and yearelie value thereof and according as other the Kings Majesties Subjects borne within this Realme be charged in forme above remembred so that it extend to the yearelie value of twentie shillings or above.

Editorial Information

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

X3 interlined on the Roll.

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

X5 Variant reading of the text noted in The Statutes of the Realm as follows: or O. [O. refers to a collection in the library of Trinity College, Cambridge]