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A82524 All the ordinances of the Lors [sic] and Commons assembled in Parliament: for the true payment of tythes, and other such duties according to the lawes and customes of this realme Ordered by the Lords in Parliament assembled, that these ordinances for the due payment of all tythes and such other duties, be forthwith printed and published. Joh. Brown Cler. Parliamentorum.; Proceedings England and Wales. Parliament.; England and Wales. Parliament. House of Lords. 1652 (1652) Wing E1201; ESTC R232115 6,660 16

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manner Justices of Peace ought to proceed upon the same The Lords and Commons assembled in Parliament for the prevention of all such doubts and scruples do Declare that every Minister put or which shall be put into any Parsonage Rectory Vicarage or Ecclesiasticall Living by way of Sequestration or otherwise by both or either the Houses of Parliament or by any Committee or other person or persons by Authority of any Ordinance or Order of Parliament shall and may sue for the recovery of his Tithes Rates for Tithes Rents or other Duties by vertue of the said Ordinance in as ful and ample manner to all intents and purposes as any other Minister or other person whatsoever And that the Justices of Peace mentioned in the said Ordinance shall upon complaint to them made by any such Minister as aforesaid or other person within the said Ordinance immediately without delay issue out their Warrants to the Constables petty-Constables or other or other Officers to summon such person or persons who already have or hereafter shall refuse to set out or pay or shall substract their Tithes Rates for Tithes Rents or other Duties to appear before them at their next monethly meeting or sooner and use all possible expedition in the hearing and determining of such complaints and shall likewise have power to award treble damages to the parties complaining and shall award the same accordingly in all such Cases where the statute allowes and gives the same to any Minister or other person whatsoever And in case the summe or sums of money so adjudged and awarded shall not be paid within the time in the said Ordinance mentioned then the said Justices shall upon complaint to them made send forth their Warrants to the Constables Petty-Constables or such other fit persons as shall be by the parties named to whom any such sum or summes upon such Judgement shall be due and destrain all and every or any the Goods and Chattels of any person or persons so refusing and to sell and dispose of the said Goods and Chattels according to the said Ordinance and to impose such Fines and Penalties not exceeding the sum of Forty shillings upon the Constables Petty-Constables and other Officers who shall wilfully refuse or be negligent in executing their warrants as they in their discretions shall thinke meet And because many appeals are brought into the Chancery upon former Ordinance for Tithes rather for vexation and delay then otherwise Be it therefore Ordained that no Appeale shall be received or admitted thereupon untill the party appealing shall lay downe in mony either with the said Justices of Peace or in the Court of Chancery the full value of the Tithes adjudged before the said Justices by way of securitie to persecute his appeale with effect and to render double costs and damages to the party injur'd or delayed by the appeale in case no reliefe be given upon the appeale to the persecutor Provided that this Ordinance shall continue and be in full force from the foure and twentieth day of July 1647. untill the first day of November which shall be in the yeare 1648. John Browne Cler. Parliamentorum Die Lunae 23. August 1647 An Ordinance for keeping in Godly Ministers placed in Livings by Authority of PARLIAMENT VVHereas divers Ministers in the severall Counties of this Kingdome for notorious Scandals and Delinquency have been put out of their Livings by authority of Parliament and Godly Learned and Orthodox Ministers placed in their rooms And whereas the said Scandalous and Delinquent Ministers by force or otherwaies have entred upon Churches and gained the possession of the parsonage-Houses Tithes and Profits thereunto belonging and have obstructed the payment of Tithes and other profits due by the parishoners unto the Ministers placed in the said Churches by Authority aforesaid The Lords and Commons Assembled in Parliament doe therefore Order and Ordaine and be it Ordained by the said Lords and Commons That Sheriffs Mayor Bayliffs Justices of the Peace all Deputy-Lievtenants and Committees of Parliament in the severall Counties Cities and place within this Kingdom do forthwith apprehend or cause to be apprehended all such Ministers as by Authority of Parliament have beene put out of any Church or Chappell within this Kingdome or any other person or persons who have entred upon any such Church or Chappell or gained the possession of such Parsonage houses Tythes and Profits thereunto belonging or have obstructed the payment of the Tithes and other profits due by the Parishioners to the said Ministers there placed by Authority of Parliament or Sequestrators appointed where no Ministers are setled to receive the same and all such persons as have beene Aiders Abetters or Assistors in the premises and commit them to prison there to remaine untill satisfaction be made to the severall Ministers placed by the said Authoritie of Parliament for his or their damages sustained as to the said Sheriffes Mayors Bayliffes Justices of the peace Deputy-Lieutenants or Committees of Parliament or any two of them shall appeare to be just upon hearing and proofe made upon the Oath of two sufficient Witnesses which they or any two of them are hereby authorized to administer who are likewise required to restore settle and quiet the possession in such Ministers as have beene placed by the said Authority of Parliament and they or any two of them have hereby power to raise Trained Bands or any other forces within the said severall Counties Cities and places to put this Ordinance in execution and the said Sheriffs Mayors Bayliffs Justices of the Peace Deputy-Lieutenants and Committees of Parliament respectively are hereby required to take effectuall course according to the severall Orders and Ordinances of Parliament in that behalfe made that all men do pay their Tythes or profits due unto the said respective Ministers And it is hereby further Ordered and Ordained That the Committee appointed for the plundred Ministers have power to see this Ordinance put in execution And it is further Ordained That the Committee of complaints do give the like remedie to all such Ministers put in by the said Authoritie of Parliament and Sequestrators of the profits against whom any action shall be brought by any such Delinquent or scandalous Ministers or any other claiming by or under them for their Livings Tithes and profits as they are authorized unto by any Order or Ordinance in other cases It is lastly Ordered and Ordained That if any such scandalous or Delinquent Minister put out as aforesaid their aidors or abettors shall at any time hereafter disturbe molest or hinder such Minister as is put into such Church or Chappell as aforesaid in the Exercising of the office of his Ministry upon proofe thereof made upon the oath of two Witnesses before the said Sheriffs Mayors Bayliffs Justices of Peace Deputy-Lieutenants or Committees of Parliament or any two of them It shall and may be lawfull to and for the said Sheriffes Mayors Bailiffes Justices of the Peace Deputy-Lieutenants
All the ORDINANCES OF THE LORS and COMMONS Assembled in PARLIAMENT For the true Payment of TYTHES And other such Duties according to the Lawes and Customes of this Realme ORdered by the Lords in Parliament Assembled That these Ordinances for the due Payment of all Tythes and such other Duties be forthwith Printed and Published Joh. Brown Cler. Parliamentorum London Printed for John Wright at the Kings Head in the Old-Bayley Die Veneris 8. Novemb. 1644. An Ordinance of the Lords and Commons Assembled in Parliament for the true payment of Tythes and other such Duties according to the Laws and Customs of this Realme WHereas divers persons within the Realme of England and Dominion of Wales taking advantage of the present distractions and ayming at their owne profit have refused and still do refuse to set out yeeld and pay Tyths Offerings Oblations Obventions and other such duties according to the Law of the said Realme to which they are the more incouraged both beause there is not now any such compulsary meanes for recovery of them by any Ecclesiasticall proceedings as heretofore hath beene and also for that by reason of the present troubles there cannot be had speedy remedy for them in the temporall Courts although they remain still due and of right payable as in former times Be it therefore Declared and Ordained by the Lords and Commons in Parliament assembled that every person persons whatsoever within the said Realme and Dominion shall fully truly and effectually set out yeeld and pay respectively all and singular Tythes Offerings Oblations Obventions Rates for Tythes and all other Duties commonly knowne by the name of Tythes and all arreares of them respectively to all and every the respective owners Proprietors Improprietors and possessors as well Lay as Ecclesiasticall respectively their Executors and Administrators of Parsonages Vicarages or Rectories either impropriate or presentative or donative and of Vicarages and of portions of Tythes respectively within the said Realme and Dominion according to the Law custome prescription composition or contract respectively by which they or any of them ought to have been set up yeelded and paid at the beginning of this present Parliament or two yeares before And in all and every care where any person or persons hath at any time since the beginning of this present Parliament or two yeares before substracted withdrawne or failed in due payment of or hereafter at any time shall substract withdraw or faile in due payment of any such Tythes Offerings Oblations Obventions Rates for Tythes or any duty known by the name of Tythes or Arreares of them or any of them as aforesaid the person or persons to whom the same is hath beene or shall be respectively due his Executors or Administrators shall and may make his and their complaints thereof to any two Iustices of Peace within the same County City Towne Place Riding or Division not being Patron nor Patrons of the Church where such substraction witwdrawing or failer of payment hath been or shall be not being interessed any way in the things in question Which Iustices of Peace are Authorized hereby and shall have full power to summon by reasonable warning before hand all and every such person or persons against whom any such complaints shall be made to them and after his or their appearance before them or upon default made after the second summons the said summons being made as aforesaid and proved before the said Iustices by Oath which said Iustices hereby shall have power to administer the same to heare and determine the said complaint by sending for and examining witnesses upon Oath which said Oath the said Iustices are hereby also authorized to Minister and admitting other proofs brought on either side and thereupon shall in writing under their Hands and Seales adiudge the case and give reasonable costs and damage to either party as in their iudgements they shall think fit And be it further Ordained by the Authoritie aforesaid That if any person or persons shall refuse to pay any such Tythes or sums of money as upon such complaint and proceeding shall be by any such Iustices of Peace adiudged as aforesaid and shall not within thirty dayes next after notice of such iudgement in writing under the hand seal of such Iustices of Peace given to him or them make full satisfaction thereof according to the said iudgement in every such case the person and persons respectively to whom any such Tythes or sums of money shall be upon such iudgement due shall and may by warrant from the said Iustices or either of them distrain all and every or any the goods and Chattels of the party or parties so refusing and of the same to make sale and to retain to himself or themselves so much of the monies raised by sale thereof as may satisfie the said iudgement returning the overplus thereof to the party or parties so refusing And in case no sufficient distresse can be found that then the said Iustices of Peace or any other Iustices of Peace of the same County as aforesaid shall and may commit all and every such person and persons so refusing to the next common Goale of the said County there to remaine in safe custody without baile or mainprize untill he or they respectively shall make full satisfaction according to the said iudgement Provided alwaies and it is further Ordained by the Authority aforesaid that if any person or persons shall thinke him or themselves uniustly dealt with by or in any such iudgement as aforesaid then he or they respectively shall and may thereof complaine to the high Court of Chancery where the cause between the parties shall be againe heard and determined wthich Court shall hereby have full power and authoritie to summon the parties and to heare and determine the same and to suspend execution as the same Court shall see cause and to give finall iudgement therein with reasonable costs to the party or parties grieved by any such complant brought before them Provided always that this Ordinance or any thing therein contained shall not extend to any Tythes Offerings yeerly payment or other Ecclesiasticall duties due or to be due for any houses buidings or other hereditaments within the City of London or the Liberties thereof which be otherwise provided for by Act of Parliament Joh. Brown Cler. Parliamentorum Die Lunae 9. August 1647. An Additional Ordinance of the Lords and Commons Assembled in Parliament for the true payment of Tyths other Duties WHereas some doubts have beene raised whether Ministers put into Livings and Sequestrations by Ordinance of both Houses of Parliament or Committees thereunto authorized by them be comprized within the Ordinance of the eight of November 1644. Entituled An Ordinance of the Lords and Commons Assembled in Parliament for the true payment of Tithes and other such Duties according to the Lawe and Custome of the Realme so as to recover their Tithes and other Duties by vertue thereof and in what