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justice_n	peace_n	quarter_n	session_n	4,917	5	10.2956	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37445	The parson's counsellor with the law of tithes or tithing in two books : the first sheweth the order every parson, vicar, &c. ought to observe in obtaining a spiritual preferment, and what duties are incumbent upon him ... : the second shews in what manner all sorts of tithes, offerings, mortuaries, and other church-duties are to be paid ... / written by Sir Simon Degge, Kt.	Degge, Simon, Sir, 1612-1704.	1676 (1676)	Wing D852; ESTC R8884	170,893	368

that none of the said Arch-Bishops c. be thereof chargeable of to It seems a Canon would not justifie an Imprisonment or upon any Action of false or wrongful Imprisonment but that they be utterly thereof discharged in any of the cases aforesaid by vertue of this Act. This Law for ought I know stands still in force 31 H. 8. c. 14. made Felony to use their own Wives but there was a severe Law made in the 31 H. 8. whereby it was made Felony for a Priest carnally to use a Woman to whom he had been Married or contracted or if he kept company or familiarity with her or if any Priest kept a Concubine as by paying for her board maintaining her with Money or other gifts or means to the evil example of others he should forfeit all his Goods Cattels and Spiritual promotions and be put in Prison for the first offence and the second offence to be Felony But this seeming too severe was the next Year repealed and it was enacted 32 H. 8. c. 10. mitigated That such Offender should for the first offence lose all his Goods Chattels and Debts and lose the profits of all his Ecclesiastical promotions but one for his life for the second offence to forfeit his Goods Cattel and Debts and the profits of all his Lands and of all his Spiritual Benefices Promotions and Dignities for his life And for the third offence should make the like forfeiture and be Imprisoned during life By an Act of Parliament made in the 31 of H. 31 H. 8. c. 14. The 6 Articles makes the marriage of Priests Heresie 8. which is commonly called the Act of the six bloody Articles by the third Article it was declared that Priests after they have received Orders might not Marry and to affirm the contrary thereof was made Heresie and Treason by that Act but this bloody Act was repealed by 1 E. 6. cap. 12. By the Statute of 2 and 3 E. All Laws against marriage of Priests made void 6. cap. 21. all Laws Statutes Canons and Ordinances and Constitutions made against the Marriage of Priests are made null and void And by another Statute made the fifth and sixth of E. Children legitimate 6. cap. 12. It is adjudged and declared that the Marriage of Priests is Lawful and legitimates their Children and makes them capable to endow their Wives and to be Tenants by the Courtesy But these Laws were repealed by the Stat. of 1 Mariae cap. 1. However it came to pass I know not 1 Jacob. c. 25. but for ought I can find these Acts lay repealed all Queen Elizabeth's time till 1 Jac. then the latter Act was revived and made perpetual and their Children made ligitimate So that upon the whole matter all acts of Parliament Canons Constitutions c. that restrain the Marriage of Priests or the Illigitimation of their Children are made null and void but the Canons and Acts of Parliament that punish their Incontinency stand in force Next let us see what Priviledg the Clergy have right to at this day CHAP. XI The Eleventh Chapter shews what Priviledges belong to the Clergy at this day by the Common and Statute Laws of this Realm THE Laws of this Realm have allowed the Clergy in holy Orders many great Priviledges First The Priviledge of the Clergy 2 Inst 3⸪ 625. 4⸪ May not be Officers temporal 5 E. 3. c. 5. 1 R. 2. c. 15 Must not be arrested in Church or Church-yard in their Persons they are not compellable to serve in any Temporal Office as Sheriff Constable Overseer of the Poor c. Neither can they be prest to serve in the Wars neither may they be arrested in the Church or Church-yard when they are attendant on divine Service upon pain of Imprisonment and ransom at the Kings pleasure and likewise to make agreement with the Party And by a Statute made i. 1 Mariae Sess 2. cap. 3. Most not be distarbed praying or preaching Mariae It is enacted That if any Parson c. of their own Power and Authority at any time c. shall or do willingly or of purpose by open and overt word fact act or deed maliciously or contemptuously molest lett disturb vex or trouble or by any other unlawful way or means disquiet or misuse any Preacher or Preachers c. licensed allowed or authorized to preach by the Queen or by any Arch-bishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Vniversities c. or otherwise lawfully authorized or charged by reason of his or their Cure Benefice or other Spiritual Promotion or Charge in any of his or their Sermon or Collation in any Church Chappel or Church-yard or in other place appointed to be preached in Or if any Person c. shall maliciously willingly or of purpose molest lett disturb vex disquiet or otherwise trouble any Parson Vicar Parish-Priest or Curate c. saying doing singing ministring or celebrating mass or other divine Service Sacraments c. that at any time then after shall be allowed set forth or authorized by the Queen's Majesty That the Offender upon Conviction before two Justices of the Peace shall by them be committed to the Goal without bail or mainprise for three months and after to the next Quarter Sessions where if he repent and be reconciled then to be discharged of his Imprisonment finding sureties for his good behaviour and if he fail therein to be continued till the next Quarter Sessions c. This Act though made in the time of Popery is still in force and may be executed upon such as disturb the present Ministers Parsons Vicars and Curates c. And though it refer to such Church-Service as then after should be settled by the Queen yet I conceive it extends to her Successors and a settlement by Act of Parliament is a settlement by the King in the most superlative manner and the late Act for Uniformity declares and enacts 14 Car. 2. c. 4. that all former Acts for Uniformity of Common Prayer shall be of force and extend to the Book of Common Prayer The Bodies of Clergy-men cannot be arrested upon any Capias sued forth upon any Statute-Staple or Statute-Merchant Must not be arrested for the Process are made out conditionally Si Laicus fuerit and if the Sheriff or any other Officer arrest a Clergy-man upon any such Conditional Process I conceive an Action of false Imprisonment lyes against him that does it or he may have a special Supersedeas out of the Chancery Regist 147. that is the Cursitors Office Priviledg in their goods Regist 260. a. Free from Tolls And every Parson Vicar c. is by the Common Laws of England free from the payment of any tolls in all Fairs and Markets not only for all the Goods and Merchandizes gotten upon their Church-Livings but also for all Goods and Merchandizes by them bought to be

indicted those that sued in the Spiritual Courts for substraction of Tithes or compelled them to desist by Bonds or otherwise but that Law being now become obsolete and besides my purpose I shall proceed to the Statute of 27 H. 8. by which it is enacted That every Subject of England 27 H. 8. c. 20. Ireland Wales Callais and the Marches of the same should according to the Ecclesiastical Laws and Ordinances of the Church of England and after the laudable Vsages and Customs of the Parishes or other places where he dwells or occupies shall yield and pay his Tithes and offerings and other duties of holy Church And that for subtraction of such Tithes c. may by due process of the King 's Ecclesiastical Laws consent the Person c. so offending before his Ordinary or other competent Judg c. having Authority to hear and determine the right Tithes c. And to compel the pa●●● offending to do and yield their duties in that behalf And in case the Ordinary c. for any contempt contumacy disobedience or other misdemeanour of the Party Defendant shall make information to any of the Kings most Honourable Councel or to the Justices of the Peace of the Shire where the Offender dwell● to assist and aid the Ordinary c. and to order and reform any such Person in any Cause before rehearsed that then be of the Kings Councel or such two Justices of the Peace whereof one to be of the Quorum to whom such information or request shall be made shall have power to attach or cause to be attached the Person or c. against whom such information shall he made and to commit the same Persons to Ward there to remain without Bail or Mainprise untill he c. shall have found sufficient Surety to be bound by Recognisance or otherwise before the Kings Counsellor or c. or any other like Counsellors or Justices c. to the use of the King to give due obedience to the Process and Proceedings Decrees and Sentences of the Ecclesiastical Court wherein such Suit c. shall depend or be And further gives power to the said Counsellor or to two Justices of the Peace whereof one to be of the Quorum to take receive and Record such Recognizance and Bonds There is a Proviso in this Act that it shall not extend to London And another Proviso that the Party sued may have all legal Defences Appeals and Prohibitions And it is to be observed that this Law extends to all sort of Tithes Observations upon this Law mixt and Personal as well as Predial Next he that will have the benefit of this Law must sue for the single value and not for the double value upon the Statute of 2 E. 6. Thirdly the Plaintiff in the Ecclesiastical Court may proceed upon this Act for contempt contumacy or misdemeanour as well before as after Sentence Fourthly The security upon this Act may as well be by Bond as Recognizance Lastly observe the wary penning of this Act they must pay their Tithes and other Church Duties according to the Ecclesiastical Laws and laudable Customs and usages of the place next if it be demanded before whom Suit upon this Statute shall be made it is answered by the Statute it self it must be before such Judg as hath Jurisdiction of the Cause so that it creates or enlarges no Jurisdiction The next Act of Parliament concerning this matter is the Statute of 32 H. 8. 32 H. 8 c. 7. by which it is enacted that all and singular persons c. shall fully truly and effectually divide set out yield or pay all and singular Tithes and Offerings according to the lawful Customs and Vsages of the Parishes and Places where c. and in case any person c. to detain or with-hold any of the said Tithes or Offerings or any part or parcel thereof that then the person lay or c. shall and may convent the person or c. before the Ordinary c. according to the Ecclesiastical Laws c. and so proceed to Sentence according to the Process and course of the Ecclesiastical Laws And that if any Party appeal against the Judges Sentence he shall then assess the Costs of his Suit therein before expended and shall compel the Appellant to pay the said costs by the compulsory Process and Censures of the said Laws taking security of the said Party to whom the said costs shall be paid to repay the same if the Appeal be adjudged against him And if any Person after sentence definitive given against him shall obstinately and wilfully refuse to pay their Tithes or the sum adjudged that then two Justices of the Peace whereof one shall be of the Quorum shall c. upon Information Certificate or complaint to them made by writing by the said Ecclesiastical Judg c. cause the party refusing to be attached and committed to the next Goal there to remain till he c. have found sufficient sureties to be bound by Recognizance or otherwise before the same Justices to the use of the King to perform the said definitive sentence Provided that no Person or c. to be sued or otherwise compelled to yield give or pay any manner of Tithes for any Mannor Lands c. which by the Laws or Statutes of this Realm are discharged or not chargeable with c. Tithes Provided that this Act shall not extend or be expounded to give any remedy cause of Action or Suit in the Courts Temperal against any Person c. which shall refuse or deny to set out his or their Tithes or which shall detain with-hold or refuse to pay his Tithes or Offerings or any parcel thereof but that in all such Cases the person or persons being Ecclesiastical or Lay Persons having cause to demand or have the said tihes or Offerings or thereby wronged or grieved shall take and have their remedy for their said Tithes and Offerings in every such Case in the Spiritual Courts according to the Ordinance in the former Part of the said Act mentioned and not otherwise any thing c. 1. Observations upon this Statute It appears by the Preamble of this Law that this Act was particularly designed for the relief of Impropriators who before this Act were not capacitated to sue in the Spiritual Courts for the subtraction of Tithes and were hard put to it to find any other relief 2. Where by the former Act the Party for Contumacy c. might be compelled to give security before Sentence in this Case of the Lay Impropriators the Party cannot be compelled to give security till after definitive Sentence 3. Upon this Law there must be two Sureties at least upon the former one sufficed 4. The security in this as the former may be by Bond or Recognizance 5. Whosoever will have the benefit of this Act must sue particularly upon this Law for the single value and not for the double value upon the