Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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[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 Prosecutor.
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.