DIE Lunæ, 9 die Augusti.
PRAYERS, by Dr. Staunton.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Mr. Page and Dr. Aylett return with this Answer to
the Message sent to the House of Commons:
That they will send an Answer by Messengers of
Message to them, with the Declaration from Sir T. Fairfax, &c. and about the Thanksgiving Sermons.
A Message was sent to the House of Commons, by
Mr. Page and Dr. Aylett:
To communicate unto them the Declaration set forth
by Sir Thomas Fairefax; and to let them know, that
this House approves of this Declaration, and what the
General hath done in bringing up the Army in Pursuance of the Ends therein expressed, wherein their
Concurrence is desired.
2. To desire that the Two Sermons on the Day of
Thanksgiving may be both in the Morning.
Additional Ordinance for due Payment of Tithes.
The Order for Payment of Tithes to Ministers put
into Livings of Sequestration, was read, with Amendments, and passed. (Here enter it.)
Ordered, That this Ordinance be printed and published.
Message to the H. C. about the Examination of the late Violence offered to the Houses.
Ordered, That the Committee for Examination of
the late Force upon the Parliament do meet this Afternoon, at Four of the Clock; and the House of Commons to be desired that their Committee may meet accordingly.
This was Part of the Message sent by Mr. Page and
Pringle to be a Minister in Northumb.
Ordered, Mr. John Pringle Clerk be One of the
Four Preaching Ministers in the County of Northumb.;
and the House of Commons to be desired to give their
Preachers at the Fast.
Ordered, That Mr. Carryll and Mr. Anthony Burges
are appointed to preach, the next Fast-day, before the
Lords in Parliament, in the Abbey Church at Westm.
"An additional Ordinance of the Lords and Commons assembled in Parliament, for the true
Payment of Tithes and other Duties.
Additional Ordinance for the due Payment of Tithes.
"Whereas some Doubts have been raised, whether
Ministers put into Livings and 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, intituled,
"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 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 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, and 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 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
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, 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, to distrain all and every or any the Goods
and Chattels of any 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 the former Ordinance of 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 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 Prosecutor.
"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."
House adjourned till 10a cras.