Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	commit_v	justice_n	offender_n	2,215	5	10.2168	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A81692	A defence and vindication of the right of tithes, against sundry late scandalous pamphlets: shewing, the lawfullnesse of them, and the just remedy in law for them, as well in London as elsewhere. / Penned by a friend to the Church of England, and a lover of truth and peace.	A Friend to the Church of England, and a Lover of Truth and Peace.; Downame, John, d. 1652,; Nomophilos Philotolis.	1646 (1646)	Wing D2074; Thomason E339_7; ESTC R1318	21,705	42

Hen. 8. c. 2. for Tithes in London Having thus proved the Right of Tithes I come now to the second head being the Remedy at Law for the recovery of these Tithes when they are deteined Remedy and Right do usually go together at Common Law 2 Head That Right which is in Law called Remedilesse is very rare and happens only in such cases whereof there hath been no precedent seisen or possession which falls not out in the case of Tithes of which there hath been a constant seisen and possession in the Church of England But the remedy for Tithes were anciently in the Kings temporall Courts Mic. 7 Ed. 1. rot 21. Linwood de Fore competenti 71. Co. 2. Instit. fol. 489 c. 18 Ed. 3. c. 7. as it was by the Imperiall Laws in the Civil Courts of Emperours sometimes in the Sheriffs Turne sometimes by scire facias in the Chancery And the Right of Tithes were likewise tried in the Kings temporall Courts as by the ancient Writts of De recto de Advocatione decimarum and the Writt of Indicavit may appear The first Statutes that annexed Tithes to the Ecclesiasticall Courts agreeing therein with the Common Law are the Statutes of West 2. cap. 5. and Circumspecte agatis made both in one year viz. 13 Ed. 1. The next Statute is 9 Ed. 2. called Articuli Cleri but because the remedy in the Ecclesiasticall Courts went no further then spirituall censures the highest whereof is Excommunication numbers of persons cared not to hazard their souls so they might save their Tithes And to this purpose is the expression of the Act of Parliament of 27 Hen. 8. cap. 20. That whereas numbers of evil disposed persons having no respect of their duty to Almighty God but against right and good conscience did withhold their Tithes due to God and holy Church as is in that Statute more at large expressed By which Statute it is provided that if any person refuse to obey the Processe of the Ecclesiasticall Court for the payment of Tithes that then upon complaint or information of the Ordinary to any of the Lords of the Councel or by two Justices of Peace whereof one to be of the Quorum in the County where such offender dwelleth that then the said Lord of the Councel and two Justices shall commit such offender to prison without bayl or mainprise untill he shall put in surety by Recognisance to such Councellour and Justices of Peace to obey the Processe of the Ecclesiasticall Court The like remedy is given by the Statute of 32 Hen. 8. cap. 7. for a lay person Farmor of Tithes by two Justices of Peace after definitive sentence in the Ecclesiasticall Court for the recovery of the Tithes withheld and substracted against any person refusing to obey the said sentence The Statute of 2 Ed. 6. cap. 13. decides the suit for Tithes to be partly in the spirituall Court partly in the temporall Court of the King for personall Tithes as Wool Lamb Flax Hemp Apples c. the suit is only in the Ecclesiasticall Court but for prediall Tithes as Corn Grain Hay c. the suit may be either in the Kings temporall Court by action of debt for the recovery of the treble value or in the Ecclesiasticall Court for the double value And this was the Law for the recovery of all Tithes whatsoever in the Kingdom of England till the Statutes of 27 Hen. 8. cap. 21.37 Hen. 8. cap. 12. did alter the course of Law for Tithes of the houses in London which I come now to speak of To speak properly No Tithes are to be paid out of houses for Tithes by the Law are out of things that increase not out of things that diminish out of things that grow not out of things that decay But because Houses are built upon Lands out of which Tithes issued compositions were made by the owners of such houses with the Incumbent for a yearly rent or summe to be paid to him in liew of Tithes for the ground on which they were built 11 Rep. D. Grants Case this composition was called a modus decimandi for which they sued in London before the Statutes of 27 Hen. 8. cap. 21. and 37 Hen. 8. cap. 12. in the Ecclesiasticall Court as they did in other Cities and Burroughs thorowout England but these two Statutes made an alteration of the Law and that the suit of Tithes should be before the Lord Major of London in his default before the Lord Chancellour or Keeper of England which is the reason why the Statutes of 27 Hen. 8. cap. 20.32 Hen. 8. cap. 7. and 2 Ed. 6. cap. 13. do make speciall provisoes and exceptions of the City and Inhabitants of London concerning their paiment of Tithes It appears by the Statute of 27 Hen. 8. cap. 21. that there was much contention and strife in the City of London and liberties of the same between the Ministers and Citizens of London concerning the paiment of Tithes oblations and other duties within the said City for the appeasing whereof a certain Order and decree was thereof made by Tho. Cranmer Arch-bishop of Canterbury and Tho. Lord Audley Lord Chancellour of England who made their Order and decree thereof about the Feast of Easter Anno Dom. 1535. which was confirmed by the Letters Patents of King Hen. 8. and his Proclamation thereupon Afterwards at the Parliament on the fourth of February 27 Hen. 8. it was then enacted That the Citizens and Inhabitants of the same City should from Easter next following pay their Tithes to the Curates of the said City and suburbs according to the said decree untill such time as any other Order or Law should be made and confirmed by the Kings Highnesse c. and that every person denying to pay his Tithes according to the said decree should by the commandment of the Lord Major for the time being be committed to prison there to remain untill such time as he should have agreed with the Curate for the said Tithes as by the said Statute already printed in the old Statutes at large may more appear According to which Order and decree the Citizens and Inhabitants of London duely and orderly payed their Tithes to their severall Curates for the space of ten years together untill the 37th year of Hen. 8. at which time divers variances and contentions did newly arise between the Ministers and Curates of the said City and the Citizens and Inhabitants of London touching the paiment of the said Tithes oblations and other duties which strife did grow not from any unjustnesse in that Order and Decree but because certain words and termes specified in the said Order and Decree were darke and obscure and not fully and plainly set forth as by the Statute of 37 Hen. 8. cap. 12. may appear Whereupon as well the Pastours Vicars and Curates of London as likewise the Citizens and Inhabitants of the same did voluntarily of their own accord and meerly for the