[9 August, 1647.]
8. Novemb. 1644.; The former Ordinance shall extend to all Ministers put into any living by authority of Parliament.
Whereas some doubts have been raised, whether Ministers
put into Livings & Sequestrations by Ordinance of both
Houses of Parliament, or Committees thereunto authorized by
them, be comprized within the Ordinance of the eighth of
November 1644. Entituled, An Ordinance of the Lords and Commons assembled in Parliament for the true payment of Tythes,
and other such Duties according to the Lawes and Custome
of the Realm, so as to recover their Tythes and other Duties
by vertue thereof and in what manner Justices of Peace ought
to proceed upon the same; The Lords and Commons assembled
in Parliament for prevention of all such doubts and scruples, do
Declare, That every minister put, or which shall be put, into
any Parsonage, Rectory, Vicarage, or Ecclesiastical 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 Tythes, Rates
for Tythes, Rents, and other Duties by vertue of the said
Ordinance, in as full 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 Officers, to summon such
Person or Persons who already have, or hereafter shall refuse
to set out, or pay, or shall substract their Tythes, Rates for
Tythes, Rents, or other Duties, to appear before them at their
next monethly meeting, or sooner, and use all possible expe
dition 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 allows and gives the same
to any Minister or other Person whatsoever.
And in case the sum or sums of Money so judged 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, PettyConstables, or such other fit Persons as shall be by the Parties
named, to whom any such sum or sums upon such Judgement
shall be due, to distrain 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, PettyConstables, and other Officers who shall wilfully refuse or be
negligent in executing their Warrants, as they in their discretion shall think meet.
No appeal shall be admitted till the money be deposited.
And because many Appeals are brought into the Chancery
upon the former Ordinance for Tythes, rather for vexation
and delay then otherwise, Be it therefore ordained, That no
Appeal shall be received or admitted thereupon, until the
Party appealing shall lay down in Money, either with the said
Justices of Peace, or in the Court of Chancery, the full value
of the Tythes adjudged before the said Justices, by way of
security, to prosecute his Appeal with effect, and to render
double Costs and Damages to the party injured or delayed by
the Appeal, in case no relief be given upon the Appeal to the
This Ordinance to continue till 1 Novemb. 1648.
Provided, That this Ordinance shall continue and be in force
from the Four and twentieth day of July 1647. until the First
day of November which shall be in the year 1648.