feit and suffer as in cases of misprision of treason hath heretofore been used. * *

VII. [Peers to be tried by their peers.]

VIII. And be it further enacted * * * that no person shall be impeached for any of the offences above-said committed only by open preaching or words, unless the offender be thereof indicted within six months.

IX. [Punishment of accessories.]

X. Provided * that no person shall be hereafter indicted for any offence made treason or misprision of treason by this Act, unless the same offence be proved by the testimony and oath of two lawful and sufficient witnesses at the time of his indictment; which said witnesses also at the time of the arraignment of the party so indicted (if they be then living) shall be brought forth in person before the party so arraigned face to face, and there shall avow all they can say against the said party so indicted, unless the said party so indicted shall willingly without violence confess the same.

IN

171. Grant of Tonnage and Poundage

(1559. Elizabeth, c. 20. Prothero, 26, 27.)

their most humble wise show unto your most excellent Majesty, your poor and obedient subjects and Commons in this your present Parliament assembled, That where as well your noble grandfather of worthy memory, King Henry the Seventh

* as other your right noble and famous progenitors, kings of this your realm of England, time out of mind, have had and enjoyed unto them by authority of Parliament, for the defence of the same now your realm, and the keeping and safeguard of the seas for the intercourse of merchandize, safely to come into and pass out of the same, certain sums of money, named subsidies, of all manner of goods and merchandize, coming in or going out of the same your realm; we your said poor Commons, by the advice and consent of the Lords spiritual and temporal in this your present Parliament assembled, and by the authority of the same, to the intent aforesaid, give and grant to you our supreme Liege Lady and Sovereign, one subsidy called Tonnage, that is to say, of every ton of wine ** that shall or is come into this your realm, by way of merchandize, the sum of 35., and so after the rate, and of every ton of sweet wine as well malvesey as other,

that shall or is come into the same your realm by any merchantalien, 35., and so after the rate, over and above the 35. afore granted; and of every awm of Rhenish wine coming into this your realm 12d. and also one other subsidy called Poundage, that is to say, of all manner of goods and merchandizes of every merchant, denizens, and alien, carried out of this

your said realm or brought into the same by way of merchandize, of the value of every 20s. of the same goods and merchandize, 12d., and so after the rate; and of every 20s. value of tin and pewter vessel carried out of this your realm by any and every merchant-alien, 12d. over and above the 12d. aforesaid. *

√172

172. Establishment of the Court of High Commission

(1559. Prothero, 227-231.)

ELIZABETH by the grace of God [&c.]. To the reverent

father in God Mathew Parker, nominated bishop of Canterbury, and Edmond Grindall, nominated bishop of London, and to our right trusted and right well-beloved councillors Francis Knowles our vice-chamberlain, and Ambrose Cave, knights, and to our trusty and well-beloved Anthony Cooke and Thomas Smyth, knights, William Bill our almoner, Walter Haddon and Thomas Sackford, masters of our requests, Rowland Hill and William Chester, knights, Randoll Cholmely and John Southcote, serjeants at the law, William May, doctor of law, Francis Cave, Richard Gooderick and Gilbert Gerrard, esquires, Robert Weston and Thomas Huick, doctors of law, greeting.

[II.] Where at our Parliament holden at Westminster the 25th day of January and there continued and kept until the eighth of May then next following, amongst other things, there was two Acts and Statutes made and established, the one entitled 'An Act for the uniformity of Common Prayer [&c.],' and the other entitled 'An Act restoring to the Crown the ancient jurisdiction [&c.],' as by the same several Acts more at large doth appear and where divers seditious and slanderous persons do not cease daily to invent and set forth false rumours, tales, and seditious slanders, not only against us and the said good laws and statutes, but also have set forth divers seditious books within this our realm of England, meaning thereby to move and procure strife, division and

dissension amongst our loving and obedient subjects, much to the disquieting of us and our people :

[III.] Wherefore we, earnestly minding to have the same Acts before mentioned to be duly put in execution, and such persons as shall hereafter offend in anything contrary to the tenor and effect of the said several statutes to be condignly punished, and having especial trust and confidence in your wisdoms and discretions, have authorised, assigned and appointed you to be our commissioners, and by these presents do give our full power and authority to you, or six of you, whereof you, the said Mathew Parker, Edmond Grindall, Thomas Smyth, Walter Haddon, Thomas Sackford, Richard Gooderick and Gilbert Gerrard, to be one, from time to time hereafter, during our pleasure, to enquire as well by the oaths of twelve good and lawful men, as also by witnesses and all other ways and means ye can devise, for all offences, misdoers and misdemeanours done and committed and hereafter to be committed or done contrary to the tenor and effect of the said several acts and statutes and either of them, and also of all and singular heretical opinions, seditious books, contempts, conspiracies, false rumours, tales, seditions, misbehaviours, slanderous words or shewings, published, invented or set forth, or hereafter to be published, invented or set forth by any person or persons against us or contrary or against any the laws or statutes of this our realm, or against the quiet governance and rule of our people and subjects in any county, city, borough or other place or places within this our realm of England, and of all and every the coadjutors, counsellors, comforters, procurers and abettors of every such offender.

[IV.] And further, we do give power and authority to you or six of you [quorum as before], from time to time hereafter during our pleasure, as well to hear and determine all the premises, as also to enquire, hear and determine all and singular enormities, disturbances and misbehaviours, done and committed or hereafter to be done or committed in any church or chapel, or against any divine service, or the minister or ministers of the same, contrary to the laws and statutes of this realm: and also to enquire of, search out and to order, correct and reform all such persons as hereafter shall or will obstinately absent themselves from church and such divine service as by the laws and statutes of this realm is appointed to be had and used.

[V.] And also we do give and grant full power and authority unto you and six of you [quorum as before] from time to time and at all times during our pleasure, to visit, reform, redress, order,

correct and amend in all places within this our realm of England all such errors, heresies, crimes, abuses, offences, contempts and enormities spiritual and ecclesiastical wheresoever, which by any spiritual or ecclesiastical power, authority or jurisdiction can or may lawfully be reformed, ordered, redressed, corrected, restrained or amended, to the pleasure of Almighty God, the increase of virtue, and the conservation of the peace and unity of this our realm, and according to the authority and power limited, given and appointed by any laws or statutes of this realm.

[VI.] And also that you or six of you [quorum as before] shall likewise have full power and authority from time to time to enquire of and search out all masterless men, quarrellers, vagrant and suspect persons within our city of London, and ten miles compass about the same city, and of all assaults and affrays done and committed within the same city and compass aforesaid.

[VII.] And also we give full power and authority unto you and six of you, as before, summarily to hear and finally determine, according to your discretions and by the laws of this realm, all causes and complaints of all them, which in respect of religion, or for lawful matrimony contracted and allowed by the same, were injuriously deprived, defrauded or spoiled of their lands, goods, possessions, rights, dignities, livings, offices, spiritual or temporal; and them so deprived, as before, to restore into their said livings, and to put them in possession, amoving the usurpers in convenient speed, as it shall seem to your discretions good, by your letters missive or otherwise, all frustratory appellations clearly rejected.

[VIII.] And further, we do give power and authority unto you and six of you [quorum as before], by virtue hereof, not only to hear and determine the same and all other offences and matters before mentioned and rehearsed, but also all other notorious and manifest advoutries, fornications and ecclesiastical crimes and offences with this our realm, according to your wisdoms, consciences and discretions.

[IX.] Willing and commanding you or six of you [quorum as before] from time to time hereafter to use and devise all such politic ways and means for the trial and searching out of all the premises, as by you or six of you, as aforesaid, shall be thought most expedient and necessary; and upon due proof had, and the offence or offences before specified, or any of them, sufficiently proved against any person or persons by confession of the party or by lawful witnesses or by any due mean before you or six of you [quorum as before], that then you or six of you, as aforesaid, shall have full power and authority to award such punishment to every

offender by fine, imprisonment or otherwise, by all or any of the ways aforesaid, and to take such order for the redress of the same, as to your wisdoms and discretions [shall be thought meet and convenient].

[X.] [And further we do give full power and authority unto you] or six of you [quorum as before] to call before you or six of you as aforesaid from time to time all and every offender or offenders, and such as [to] you or six of you, as aforesaid, shall seem to be suspect persons in any of the premises; and also all such witnesses as you or six of you, as aforesaid, shall think [meet] to be called before you or six of you as aforesaid and them and every of them to examine upon their corporal oath, for the better trial and opening of the premises or any part thereof.

[XI.] And if you or six of you, as aforesaid, shall find any person or persons obstinate or disobedient either in their [appearance] before you or six of you as aforesaid at your calling or commandment or else not accomplishing or not obeying your order, decrees and commandments in anything touching the premises or any part thereof; that then you, or six of you, as aforesaid, shall have full power and authority to commit the same person or persons so offending to ward, there to remain until he or they shall be by you or six of you, as aforesaid, enlarged and delivered.

[XII.] And further we do give unto you and six of you [quorum as before] full power and authority to take and receive by your discretions of every offender or suspect person to be convented or brought before you a recognizance or recognizances, obligation or obligations to our use, in such sum or sums of money as to you or six of you, as aforesaid, shall seem convenient, as well for their personal appearance before you or six of you, as aforesaid, as also for the performance and accomplishment of your orders and decrees, in case you or six of you, as aforesaid, shall see it so convenient.

[XIII.] And further, our will and pleasure is that you shall appoint our trusty and well-beloved John Skinner to be your register of all your acts, decrees and proceedings by virtue of this commission, and in his default one other sufficient person, and that you or six of you, as aforesaid, shall give such allowance to the same register for his pains and his clerks, to be levied of the fines and other profits that shall rise by force of this commission and your doings in the premises, as to your discretions shall be thought meet.