All the ORDINANCES OF THE LORS and COMMONS Assembled in PARLIAMENT: For the true Payment of TITHES, And other such Duties according to the Laws and Customs of this Realm. ORdered by the Lords in Parliament Assembled, That these Ordinances for the due Payment of all Tithes and such other Duties, be forthwith Printed and Published. Joh. Brown Cler. Parliamentorum. London, Printed for John Wright at the King's 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 Tithes and other such Duties, according to the Laws and Customs of this Realm. WHereas divers persons within the Realm of England and Dominion of Wales, taking advantage of the present distractions, and aiming at their own profit, have refused, and still do refuse to set out, yield, and pay Tyths, Offerings, Oblations, Obventions, and other such duties, according to the Law of the said Realm, to which they are the more encouraged both because there is not now any such compulsary means for recovery of them by any Ecclesiastical proceed, 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. Be it therefore Declared and Ordained, by the Lords and Commons in Parliament assembled, that every person & persons whatsoever within the said Realm and Dominion shall fully, truly and effectually set out, yield, and pay respectively all and singular Tithes, Offerings, Oblations, Obventions, Rates for Tithes, and all other Duties commonly known by the name of Tithes, 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 Tithes respectively within the said Realm and Dominion, according to the Law, custom, prescription, composition or contract respectively, by which they or any of them ought to have been set up, yielded and paid at the beginning of this present Parliament, or two years 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any person or persons hath at any time since the beginning of this present Parliament or two years before, substracted, withdrawn, or failed in due payment of or hereafter at any time shall subtract, withdraw, or fail in due payment of any such Tithes, Offerings, Oblations, Obventions, Rates for Tithes, or any duty known by the name of Tithes, 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 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 justices 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 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 Seals adjudge the case, and give reasonable costs and damage to either party, as in their judgements they shall think fit. And be it further Ordained by the Authority aforesaid, That if any person or persons shall refuse to pay any such Tithes or sums of money as upon such complaint, and proceeding shall be by any such justices of Peace adjudged as aforesaid: and shall not within thirty days next after notice of such judgement in writing under the hand & 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 Tithes 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 satisfy the said judgement, returning the overplus 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 and persons so refusing to the next common Goal of the said County, there to remain in safe custody without bail or mainprize, until he or they respectively shall make full satisfaction, according to the said judgement. 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, than 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 complant brought before them. Provided always that this Ordinance or any thing therein contained, shall not extend to any Tithes, Offerings, yearly payment, 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. 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 been raised, whether Ministers put into Live and Sequestrations by Ordinance of both Houses of Parliament, or Committees thereunto authorized by them, be comprised within the Ordinance of the eight of November, 1644. Entitled, An Ordinance of the Lords and Commons Assembled in Parliament for the true payment of Tithes, and other such Duties according to the Law, and Custom of the Realm, so as to recover their Tithes and other Duties by virtue thereof, and in what 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 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 Tithes, Rates for Tithes, Rents or other Duties by virtue 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, or other Officers to summon such person or persons who already have, or hereafter shall refuse to set out, or pay, or shall subtract their Tithes, Rates for Tithes, Rents, or other Duties, to appear before them at their next monthly meeting, or sooner; and use all possible expedition in the hearing and determining of such complaints; and shall likewise have power to award triple 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 adjudged and awarded, shall not be paid within the time in the said Ordinance mentioned, than 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 sums 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 think meet. And because many appeals are brought into the Chancery upon former Ordinance for Tithes, rather for vexation and delay, than 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 Tithes adjudged before the said Justices, by way of security, to persecute 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 persecutor. Provided that this Ordinance shall continue and be in full force from the four and twentieth day of July, 1647. until the first day of November, which shall be in the year, 1648. John Browne Cler. Parliamentorum. Die Lunae 23. August, 1647, An Ordinance for keeping in Godly Ministers placed in Live by Authority of PARLIAMENT. Whereas divers Ministers in the several Counties of this Kingdom for notorious Scandals and Delinquency, have been put out of their Live 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 otherways, have entered 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 parishioners unto the Ministers placed in the said Churches by Authority aforesaid. The Lords and Commons Assembled in Parliament do therefore Order and Ordain, and be it Ordained by the said Lords and Commons, That Sheriffs, Mayor, Bailiffs, Justices of the Peace, all Deputy-lieutenants, and Committees of Parliament in the several Counties, Cities, and place within this Kingdom, do forthwith apprehend, or cause to be apprehended all such Ministers as by Authority of Parliament have been put out of any Church or Chapel within this Kingdom, or any other person or persons who have entered upon any such Church or Chapel, or gained the possession of such Parsonage houses, Tithes 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 settled to receive the same, and all such persons as have been Aiders, Abetters, or Assistors' in the premises, and commit them to prison, there to remain until satisfaction be made to the several Ministers placed by the said Authority of Parliament for his or their damages sustained, as to the said Sheriffs, Mayors, Bailiffs, Justices of the peace, Deputy-Lieutenants, or Committees of Parliament, or any two of them shall appear to be just, upon hearing and proof 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 been 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 several Counties, Cities and places to put this Ordinance in execution, and the said Sheriffs, Mayors, Bailiffs, Justices of the Peace, Deputy-Lieutenants, and Committees of Parliament respectively, are hereby required to take effectual course according to the several Orders and Ordinances of Parliament in that behalf made, that all men do pay their Tithes or profits due unto the said respective Ministers. And it is hereby further Ordered and Ordained. That the Committee appointed for the plundered Ministers have power to see this Ordinance put in execution. And it is further Ordained, That the Committee of complaints do give the like remedy to all such Ministers put in by the said Authority 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 Live, 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, disturb, molest, or hinder such Minister as is put into such Church or Chapel as aforesaid, in the Exercising of the office of his Ministry, upon proof thereof made upon the oath of two Witnesses, before the said Sheriffs, Mayors, Bailiffs, Justices of Peace, Deputy-Lieutenants, or Committees of Parliament, or any two of them, It shall and may be lawful to and for the said Sheriffs, Mayors, Bailiffs, Justices of the Peace, Deputy-Lieutenants, or Committees of Parliament, or any two of them, to commit such Offender or Offenders to prison for one Month, so often as he or they shall so offend. Joh. Browne Cler. Parliamentorum. Die Martis 4 April, 1648. AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT, For the better payment of Tithes and Duties to the Ministers of the City of LONDON. WHereas by an Ordinance of Parliament of the eight of Novem. Anno Dom. 1644. entitled, An Ordinance of the Lords and Commons assembled in Parliament, for the true payment of Tithes, and other such Duties, according to the Laws and Customs of the Realm, there is a Proviso, That the said Ordinance, or any thing therein contained, shall not extend to any Tithes, Offerings, Yearly payments, 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: And whereas some doubt and scruple hath been made, whether the Lord Mayor of the City of London be sufficently authorized to relieve such Ministers with●n the said Cities or the Liberties thereof, as have been put into any Benefice or Ecclesiastical Living by way of Sequestration by both or either houses of Parliament, or by the Committee of Plundered Ministers, or any other Committee of Parliament; Be it therefore Ordered and Ordained by the Lords and Commons in this present Parliament Assembled, That the said Proviso in the before mentioned Ordinance of the eight of Novemb. 1644. be hereby repealed and wholly made null and void, and that the said Ordinance of the eight of November, 1644 and the Ordinance of the ninth of August 1647. entitled, An Additionall Ordinance of the Lords and Commons Assembled in Parliament, for the true payment of Tithes and other Duties, and the Ordinance of the 23. of August, 1647. entitled An Ordinance for the keeping of Godly Ministers placed in Live by authority of Parliament, and all other Ordinances of Parliament, concerning the payment of Tithes, Rates for Tithes, Rents or other Duties, do extend to the said City of London, and the Liberties thereof, and be put in execution by the Lord Mayor of the said City for the time being, or by any two justices of Peace within the said City or Liberties thereof, who are hereby authorized and required respectively, to require and command the aid of all Constables and other Officers that shall be by the said Mayor or justices of Peace as aforesaid appointed for their assistance in the due execution of this Ordinance as well within their several Parishes or precincts as without, as well in cases of Sequestrations as otherwise, to all intents and purposes, and in the like manner as in & by the said Ordinances is Ordained, limited and appointed to be executed and done, in any other place or places within the Kingdom of England by the respective justices of Peace, and other Officers in the said Ordinances mentioned. Provided, That this Ordinance, or any thing therein contained shall not be construed to extend to the payment of any other kind of Tithes, payments, rents or Duties, than such as have been paid at any time since the beginning of this Parliament, or two years before Joh. Browne Cler. Parliamentorum. Die Veneris, 27. Octob. 1648. An Ordinance of the Lords and Commons assembled in Parliament, For the true payment of Tithes and other Duties, and for continuance of an Ordinance of the ninth of August, 1647. THe Lords and Commons assembled in Parliament, Do Order, Ordain, and Declare, That the Ordinance of Parliament of the ninth of August. Anno Dom. 1647. Entitled, An additional Ordinance of the Lords and Commons assembled in Parliament, For the true payment of Tithes and other Duties, shall continue, remain and be, and hereby is continued to remain and be in full force and strength, from the last day of October, Anno Dom. 1648. until the first day of November, Anno Dom. 1650. any promiso of limitation, or restraint for ceasing, or determination thereof therein contained, or to be contrary in any wise notwithstanding. Provided always that upon all appeals to be brought into the Chancery, the party appealing shall lay down in moneys either with the Justices of Peace, by whom any Order shall be made according to the purport of the said Ordinance, or in the Court of Chancery, the full value of the Tithes adjudged before the said Justices, together with the triple Damages and Costs, the which Costs so to be deposited shall not exceed ten pounds, or in default thereof no appeals shall be received or admitted; and it is likewise Ordained, That the penalty of forty shillings upon Constables, petty Constables, and other Officers limited and appointed in and by the said Ordinance for neglecting to do their Duties, shall be levied by way of distress and sale of the Goods of such persons so neglecting or refusing, by Warrant from the said Justices of Peace, and by such persons as shall by them be thereunto Authorized, the same to be employed to the use of the Poor of that Parish where such Constable, petty Constable or other Officer doth inhabit. John Brown Cler. Parliamentorum. 29 April, 1652. Resolved upon the Question by the Parliament. That it be referred to the Committee appointed to receive proposals for the better propogation of the Gospel, to take into speedy consideration how a competent and convenient maintenance for a godly and able Ministry may be settled in lieu of Tithes, and present their opinion therein to the House, and that Tithes shall be paid as formerly, until such maintenance be settled. Hen. Scohel Cler. Parliament. FINIS.