Woods of fuch Eftate as is aforefaid, of the clear Yearly Value of One Hundred Marks, is charged or appointed to find, have and maintain by this prefent Act. if III. And be it further enacted by the Authority aforefaid, That any Perfon chargeable by this Act as is aforefaid, fhall by the Space of any Three whole Months after the faid First Day of May, lack or want the faid Number and Kinds of Hories, Geldings, Armour, Weapon and Furniture aforefaid, or any of them, after fuch Rate, Proportion, Manner and Form as is in this Act above limited, declared and appointed, that then every fuch Perfon fhall forfeit and lofe for every fuch Three Months that he thall fo lack and want the fame Number and Kind of Horfes, Geldings, Armour, Weapon and Furniture, or any Part thereof, for every Horfe or Gelding fo lacking Ten Pounds, and for every Dimilance and Furmture of the fame Three Pounds, and for every Corfelet, and Furniture of the fame xl. s. and for every Almayne Rivet, Coat of Plate or Brigandine and the Furniture of the fame, xx. s., and for every Bow and Sheaf of Arrows, Bill, Halbert, Haquebut, Steel Cap, Scull, Morian and Salet, x. s. the One Moiety of which faid Forfeitures fhall be to the King and Queen our Sovereign Lord and Lady, and to the Heirs and Succeffors of the fame our Sovereign Lady, and the other Moiety to him or them. that will fue for the fame in any Court of Record by Bill, Plaint, Action of Debt or Information, in the which Bill, Plaint, Action or Information no Wager of Law, Effoign or Protection shall be allowed or admitted. IV. And be it further enacted by the Authority aforefaid, That the Inhabitants of every City, Borough, Town, Parish and Hamlet within this Realm other than fuch as are fpecially charged before in this Act, shall have, find, keep, fuitain and maintain at their common Charges and Expences fuch Harnefs and Weapon and as much thereof as fhall be appointed by the Commiffioners of our faid Sovereign Lord and Lady, and of the Heirs and Succeffors of the fame our Sovereign Lady, for the Mufters or View of Armour within fuch City, Borough, Town, Parith or Hamlet, there to be kept in fuch Place as by the faid Commiflioners fhall be appointed; and the Numbers and Kinds thereof to be written and comprifed in a Pair of Indentures to be made between the faid Commiffioners, or Two of them at the leaft, and Twelve, Eight or Four of the chiefeft of every fuch City, Borough, Town, Parish or Hamlet, whereof One Part to remain with the Chief Officer of the fame City, Borough, Town, Parifh or Hamlet, and the other Part to remain with the Clerk of the Peace of the Shire or County where every fuch City, Town, Borough, Parish or Hamlet fhall ftand or be; and if the fame Inhabitants of every fuch City, Borough, Town, Parish or Hamlet, other than fuch as are specially (as is aforefaid) charged, fhall lack or want fuch Harnefs or Weapons, or any Part thereof as fhall be unto them appointed by the faid Commiffioners for the Mufters and View of Armour as is aforefaid, by the Space of any Three Months together next after any fuch Appointment made, that then the fame Inhabitants fhall for feit for every the faid Three Months for every fuch Harness or Weapons fo lacking, after the Rate above limited, the One Moiety thereof to be to our faid Sovereign Lord and Lady, and to the Heirs and Succellors of our faid Sovereign Lady, and the other V. And be it further enacted by the Authority aforefaid, That Commitioners the Lord Chancellor of England for the Time being, fhall have under Great full Power and Authority by virtue of this prefent Act, from Seal Time to Time to grant out Commiffions under the Great Seal of England to the Juftices of Peace within every Shire or County of this Realm, or to fo many of them as by his Difcretion fhall be thought meet and convenient for the appointing and limiting of the faid Harneffes and Weapons to be found, kept and maintained in every fuch City, Borough Town, Parish and Hamlet at the common Charges of the Inhabitants thereof as is aforefaid. VI. Provided always, That this Act or any Thing therein con- Porda. tained fhall not extend to take away or difcharge any Tenant or Farmer of bis Service or Covenant towards his Lord for the finding of Horfe, Armour or Weapon, or for doing of Service by himself or any other, which by the Tenure of his Land or Farm he is bound to do at the Time of making of this Act, but that he fhall yield, pay and do the fame in as large ample Manner and Form as this Act had never been had ne made. Armour, VII. And be it further enacted by the Authority aforefaid, That Jaffices of Pears the Juftices of Peace of every Shire fball have Power and Authority my enquire by virtue of this Act from Time to Time to make Search and View of and for the faid Furnitures of Horfes, Geldings, Armour and Weapon to be found, maintained and kept by any Perfon zhovefaid, having Lordfhips, Manors, Houfes, Lands, Meadows, Patures or Woods to the clear Yearly Value of CC. Pounds or under and not above the Yearly Value of CCCC. Pounds, or te be found, maintained or kept by any Perfon or Perfons chargeable by this Act by Reafon of his or their Goods, Chattels, Annuities, Fees or Copyholds as is aforefaid, aud to hear and determine at their Quarter-Seffions all and every the Defaults committed or Proceedings done contrary to this A&t within the County where fuch Seffions thereon. fhall be kept, by Inquilition, Prefentment, Bill or Information before them exhibited, or by examination of Two lawful Witneffes at the Difcretion of the fame Juftices, and to award Process thereupon as though they were indicted before them by Verdict of xii. Men or more; and upon the Conviction of the Offender by Information or Suit of any other than the King or the Queen, or of the Heirs or Succeffors of the Queen to make Eftreats of the One Moiety of the faid Forfeitures to be levied to the Ufe of Penalties, our faid Sovereign Lord and Lady or of the Heirs or Succeffors of the fame our Sovereign Lady, as they ufe to do of other Fines, Iffues and Amerciaments growing in the Seffions of Peace, and to award Execution of the other Moiety for the Complainant or Informer against the Offender by fieri facias or capias as the King's Juftices at Weflminfler may do and ufe to do; and if any fuch Conviction fhall hereafter happen at the only Suit of our faid Sovereign Lord and Lady or of the Heirs or Succeffors of the fame our Sovereign Lady, that then the whole Forfeitures to be eftreated and levied to their Ufes only. VIII. And Offenders not to be twice troubled. Soldier offend ing. Penalty. Provifo. Provifo for Plea of Inability. Provifo, Provifo for 33 H. 8. c. 6. VIII. And be it further enacted by the Authority aforefaid, That whenfoever any Perfon fhall at any Time hereafter be convicted by virtue of this Act for any Default or Thing mentioned in this Act, that then the fame Person shall not otherwise or eftfoons be vexed, troubled, fued or convicted for the faine Default or Thing wherefore he fhall be fo convicted. IX. And be it moreover enacted by the Authority aforefaid, That if any Soldier fhall at any Time hereafter make Sale of his Horfe, Harnois and Weapon, or any of them, contrary to the Form of the faid Statute made in the faid Second and Third Years of the faid late King; that then not only the fame Soldier shall incur the Penalties of that Statute, but also the faid Sale made by such Soldier to any Perfon or Perfons, knowing him to be a Soldier, fhall be void and of none Effect, against him or them that found or fet forth the faid Horfe, Harneis and Weapon, or any of them, to or for the Furniture of fuch Soldier, to ferve with the fame. X. Provided always, That no Perfon fhall be impeached or troubled for any Offence done contrary to this Act unless Prefentment or Suit thereof be had, made or taken within One Year next after the Offence done, any Thing in this Act to the contrary thereof in any wife notwithstanding. XI. Provided alway, and be it enacted by the Authority afore. faid, That if at any Time hereafter it fhall fortune any Perfon or Perfons aforefaid to be fued or impeached for any Forfeiture or Penalty for not having, fuftaining or keeping fuch Furniture of Corfelets, Pikes, Haquebuts or Morians as by this Act is before limited, rated and appointed, and for his or their Excufe and Anfwer, fhall allege and plead that the fame Furniture fo lacking could not by him or them conveniently be had, gotten or provided for Want and Lack of the fame within this Realm according to the Tenor and Purport of this Act, the fame Matter of Want and Lack as is aforefaid fhall be allowed and taken for a good and fufficient Anfwer and Bar in the Law in cafe it be true; and if the fame be denied or traversed, that thereupon an Iffue fhall be joined, and that the Trial fhall be of every fuch Iffue only had by the Certificate to be made by the Lord Chancellor, Lord Treafurer, the Lord Prefident of the Council, the Lord Steward of the King's and Queen's moft honourable Household, the Lord Privy Seal, the Lord Admiral and the Lord Chamberlain of the faid Household, or by Three of them, in Writing under their Seals or the Seals of Three of them, this prefent Act or any Eftatute, Law or Ufage heretofore had to the contrary notwithstanding. XII. Provided alfo, and be it enacted by the Authority aforefaid, That no Perfon or Perfons chargeable by virtue of this Act, to or for the finding or having of any Horfe, Gelding, Armour, Weapon or Furniture for the War as is aforefaid, fhall be charged with the fame or with any of them, both for his Manors, Houles, Lands, Meadows, Paftures and Woods, and alfo for his Goods, Chattels, Farms, Leafes, Annuities. XIII. Provided alfo, and be it further enacted by the Authority aforefaid, That this Act or any Thing therein contained shall not in any wife extend or be adjudged or interpreted to abrogate, repeal or make void any Part, Sentence, Matter, Claufe, Article or Thing contained or fpecified in the Eftatute made in the xxxiii. Year of the Reign of the late noble Prince of worthy Memory King Henry the Eighth, for or concerning the having of Long Bows and Arrows, and the ufing, order, exercifing and maintenance of Archery, and fhooting in Long Bows, but that the fame Statute and every Article, Claufe, Sentence and Thing therein contained and specified touching or in any wife concerning the having of Long Bows, Arrows, uling, order, exercifing or maintenance of Archery and fhooting in Long Bows, fhall ftand and remain in force and be obferved, performed and kept according to the Tenor, Effect and true Meaning of the faid Act, upon the Pains contained in the fame as this Act had not been had ne made, this prefent Act or any Thing therein contained to the contrary in any wife notwithstanding. XIV. Provided also, That if it shall fortune the faid Furniture of Armour aforefaid or any Part thereof, at any Time hereafter to be loft or spent in any Service of Defence of this Realm, or elfe the Horfes or Geldings aforefaid, to be killed or deftroyed, or elfe by fome other Occafion to be dead, that in fuch Cafe or Cafes no Perfon or Perfons shall be charged with any Forfeiture or Penalty aforefaid for not having fuch Quantity or Number of Armour, Horfes or Geldings as is aforefaid, fo that he or they within One Year next after fuch Lofs or Want do fupply the fame again in all Points according to the true Meaning and Purport of this Act, any Thing in the fame Act to the contrary thereof notwithstanding. Provifo for Ar mour, &c. loft, &c. XV. Provided also, That the Want of any Gauntlet or Gauntlets Provifo, fhall not be deemed, accounted or taken for any Lack or Want of Furniture for a Corfelet, any Words before expreffed founding to the contrary, notwithstanding. XVI. Provided alfo, and be it enacted by the Authority afore. Provifo for Hasaid, That every Perfon and Perfons charged with the finding of quebuts. any Haquebut, and his or their Servant or Servants shall and may exercife and ufe fhooting in the fame Haquebut at fuch Marks as is limited and appointed by the Statute made in the xxxiii, Year of the Reign of King Henry the Eighth, or at their own proper Games, fo that they carry not or ufe not the fame Haquebut in any Highway unlefs it be coming or going to or from the Muiters, or marching towards or from the Service of Defence of the Realm, any Claufe or Article in the faid Act of the xxxiii. Year to the contrary notwithstanding. XVII. Provided always, That this Act ne any Thing therein Provifo for contained fhall extend to charge any Perfon or Perfons dwelling Wales, &c. or abiding within the Countries of North Wales and South Wales, and within the County Palatine of Lancaster and Chefter or either of them, with the finding or having of any Haquebut, but that they and every of them fhall and may at their Will, Liberty and Pleasure have and keep inftead and place of every Haquebut charged by this Act, One Long Bow and One Sheaf of Arrows, over and befide fuch other Armour and Munition as is by the Laws of this Realm limited and appointed, any Thing in this Act to the contrary notwithstanding. may for viewing Amour, &c. XVIII. Provided always, That the Lord Chancellor of England Commissioners or Keeper of the Great Seal for the Time being fhall and from Time to Time by virtue of the King and Queen's Highnefs Commiffion, name, affign and appoint Commiffioners in Borough and Town Corporate wherein there be Juftices of the every City, Peace, Perfonsabfenting from Mufter. Imprisonment. Peace, as well in England as in Wales, fo many of the fame Juftices of Peace with fuch and as many other Perfons to be joined with them, dwelling out of the faid Cities, Boroughs and Towns Corporate as he or they fhall think meet, to take View of Armour in every of the fame Cities, Boroughs and Towns Corporate according to this prefent Act, and alfo to affign what Harnefs and Armour fhall be provided and kept by the Inhabitants of every fuch City, Borough and Town Corporate as is aforefaid according to this prefent Act. [Repealed 1 Jac. 1. c. 25. §47.] CA P. III. An Act for the taking of Musters. WHERE heretofore Commandment hath been given by the King and Queen's Majefties, and other the Progenitors of the Queen's Majefty, Kings of this Realm, to divers and fundry Perfons, to mufter their Majeflies People and Subjects of their Realm of England, and to levy a Number of them for the • Service of their Majefties, and of this Realm, in their Wars, fuch " as were moft able and likelieft to ferve well in the fame: Which Service hath been greatly hindered, as well for that a great Number hath abfented them from the faid Mufters, which ought to have come to the fame, as alfo for that many of the most able and likely Men for that Service have been through Friendship or Rewards releafed, forborn and difcharged of the faid Service; and fome other not being able or meet, taken, appointed and chofen thereunto, and yet the fame Difability and Unaptnefs notwithstanding, the fame unable and unmeet Perfons, upon Sums of Money, or other Kind of Rewards or Exactions by them paid to fome fuch as had the Order of the said Musters, have ⚫ been alfo releafed and difcharged of the faid Service, to the great Impoverishment of the Subjects, and chiefly to the great Peril and Danger of this noble Realm, in the Hindrance of the true and neceffary Service thereof:' II. For Remedy whereof, be it enacted by the King and Queen our Sovereign Lord and Lady, with the Affent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament ailembled, and by the Authority of the fame, That if any Perfon or Perfons, that fhall be commanded at any Time hereafter generally or fpecially to mufter afore any fuch as fhall have any Authority or Commandment for the fame, by or from the King and Queen's Majefties, or by the Heirs or Succeffors of the Queen's Majefty, or by any Lieutenant, Warden, or other Perfon or Perfons authorized for the fame, do willingly abfent him or themfelves from the fame Mufters, having no true and reasonable Excufe of Sicknefs or other lawful Impediment; or at their Appearance at fuch Mufters do not bring with them fuch their best Furniture or Array and Armor, as he or they fhall then have for his or their own Perfon in Readinefs; fhall, for every fuch Default and Offence, have and fuffer Imprifonment by the Space of ten Days, without Bail or Mainprife, by the Commandment of such as shall have Authority, as is aforefaid, to take the fame Mufters; unless he or they, fo offending, as is aforefaid, do agree to or with the faid Commiffioners or Two of them, to pay to the Ufe of the King and Queen |