November 1644
[8 November, 1644.]
Whereas divers persons within the Realm of England and
Dominion of Wales, taking advantage of the present distractions,
and ayming at their own profit, have refused, and still do refuse
to set out, yield, and pay Tythes, Offerings, Oblations, Obventions,
and other such duties, according to the Law of the said Realm;
to which they are the more incouraged, both because there is not
now any such compulsory means for recovery of them by any
Ecclesiastical proceedings, as heretofore hath been; and also for
that by reason of the present troubles there cannot be had speedy
remedy for them in the Temporal Courts, although they remain
still due, and of right payable, as in former times.
Tythes shall be paid according to Law.; Remedy in case of substraction, by two Justices of Peace.; Summons.; Proof on Oath.; Judgement with costs and dammages.
Be it therefore Declared and Ordained by the Lords and
Commons in Parliament assembled, That every person and persons whatsoever within the said Realm and Dominion, shall fully
truly, and effectually set out, yield, and pay respectively all and
singular Tythes, Offerings, Oblations, Obventions, rates for
Tythes, and all other duties commonly known by the name of
Tythes, and all arrears of them respectively, to all and every the
respective Owners, Proprietors, Improprietors, and Possessors, as
well Lay as Ecclesiastical 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 Realm and
Dominion, according to the Law, Custome, Prescription, Composition, or Contract respectively, by which they or any of them
ought to have been set out, yielded, and paid at the beginning
of this present Parliament, or two years before; And in all and
every case, where any person or persons hath at any time since
the beginning of this present Parliament, or two years before,
substracted, withdrawn, or failed in due payment of, or hereafter
at any time shall substract, withdraw, or fail in due payment of
any such Tythes, Offerings, Oblations, Obventions, rates for
Tythes, or any duty known by the name of Tythes, or arrears of
them, or any of them, as aforesaid, the person or persons to
whom the same is, hath been, or shall be respectively due, his
Executors or Administrators shall and may make his and their
complaints thereof to any two Justices of Peace within the same
County, City, Town, Place, Riding, or Division, not being Patron
or Patrons of the Church where such substraction, withdrawing, or
failer of payment hath been, or shall be; nor being interested
any way in the things in question: Which Justices of Peace are
authorized hereby, and shall have full power to summon by
reasonable warning before hand all and every such person on
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 Justices by Oath
which said Justices hereby shall have power to administer the
same, to hear and determine the said complaint, by sending for,
and examining witnesses upon Oath, which said Oath the said
Justices are hereby also authorized to minister, and admitting
other Proofs brought on either side, and thereupon shall in writing under their Hands and Seal adjudg the case, and give
reasonable costs and dammages to either party, as in their judgement they shall think fit.
In case of non-payment within 30 daies after notice.; Distress; Commitment if no distress be found.
And be it further Ordained by the authority 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
[of] any such Justices of Peace adjudged as aforesaid, and shall
not within thirty daies next after notice of such judgement in
writing under the Hand and Seal of such Justices of Peace given
to him or them, make full satisfaction thereof, according to the
said Judgement, in every such case the person and persons
respectively to whom any such Tythes or sums of Money shall be
upon such Judgement due, shall and may by Warrant from the
said Justices, 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 moneys raised by sale thereof, as may satisfie the
the said Judgement, returning the over-plus thereof to the party
or parties so refusing. And in case no sufficient Distress can be
found, that then the said Justices of Peace, or any other Justices
of Peace of the same County as aforesaid, shall and may commit
all and every such person & persons so refusing, to the next
common Goale of the said County, there to remain in safe
custody, without Bail or Main-prize, until he or they respectively
shall make full satisfaction, according to the said Judgement.
Appeal by party grieved to the Chancery.
Provided always, and it is further Ordained by the Authority
aforesaid, That if any person or persons shall think him or
themselves unjustly dealt with by or in any such Judgement, as
aforesaid, then he or they respectively shall and may thereof
complain to the High Court of Chancery, where the cause between
the parties shall be again heard and determined; which Court
shall hereby have full Power and Authority to summon the
parties, and to hear and determine the same, and to suspend
execution as the same Court shall see cause; and to give final
Judgement therein with reasonable costs to the party or parties
grieved by any such complaint brought before them.
This not to extend to London.
Provided always, That this Ordinance, or any thing therein
contained, shall not extend to any Tythes, Offerings, Yearly-paiments, or other Ecclesiastical Duties, due or to be due for any
Houses, Buildings, or other Hereditaments within the City of
London, or the Liberties thereof, which be otherwise provided for
by Act of Parliament.