WHereas divers persons within the Realme of England and Dominion of Wales, taking advantage of the present distractions, and ayming at their owne profit, have refused, and still do refuse to set out, yeeld, and pay Tyths, Offe­rings, Oblations, Obventions, and other such du­ties, according to the Law of the said Realme, to which they are the more incouraged both beause there is not now any such compulsary meanes for recovery of them by any Ecclesiasticall proceedings, as hereto­fore hath beene; and also for that by reason of the pre­sent troubles, there cannot be had speedy remedy for them in the temporall 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 Realme and Dominion shall fully, truly and effectually set out, yeeld, and pay respectively all and singular Tythes, Of­ferings, Oblations, Obventions, Rates for Tythes, and all other Duties commonly knowne by the name [Page 2] of Tythes, and all arreares of them respectively to all and every the respective owners, Proprietors, Im­proprietors, and possessors, as well Lay as Ecclesiasti­call 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 Realme and Dominion, according to the Law, custome, prescription, composition or contract respe­ctively, by which they or any of them ought to have been set up, yeelded and paid at the beginning of this present Parliament, or two yeares 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 yeares before, substracted, withdrawne, or failed in due payment of or hereafter at any time shall substract, withdraw, or faile in due payment of any such Tythes, Offerings, Oblations, Obventions, Rates for Tythes, or any duty known by the name of Tythes, or Arreares of them or any of them, as afore­said, the person or persons to whom the same is, hath beene, or shall be respectively due, his Executors or Administrators, shall and may make his and their complaints thereof to any two Iustices of Peace within the same County, City, Towne, 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 Iu­stices 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, [Page 3] 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 Iustices by Oath, which said Iustices hereby shall have power to administer the same, to heare and determine the said complaint, by sending for, and exa­mining witnesses upon Oath, which said Oath the said Iustices are hereby also authorized to Minister, and admitting other proofs brought on either side, and thereupon shall in writing under their Hands and Seales adiudge the case, and give reasonable costs and damage to either party, as in their iudgements they shall think fit.

And be it further Ordained by the Authoritie 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 by any such Iustices of Peace adiudged as aforesaid: and shall not within thir­ty dayes next after notice of such iudgement in writing under the hand & seal of such Iustices of Peace given to him or them, make full satisfaction thereof, according to the said iudgement, in every such case the person and persons respectively to whom any such Tythes or sums of money shall be upon such iudgement due, shall and may by warrant from the said Iustices, 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 monies raised by sale thereof, as may satisfie the said iudgement, returning the over­plus thereof to the party or parties so refusing. And in case no sufficient distresse can be found, that then the said Iustices of Peace, or any other Iustices of Peace [Page 4] of the same County, as aforesaid, shall and may com­mit all and every such person and persons so refusing to the next common Goale of the said County, there to remaine in safe custody without baile or mainprize, untill he or they respectively shall make full satisfacti­on, according to the said iudgement.

Provided alwaies, and it is further Ordained by the Authority aforesaid, that if any person or persons shall thinke him or themselves uniustly dealt with by or in any such iudgement, as aforesaid, then he or they re­spectively shall and may thereof complaine to the high Court of Chancery, where the cause between the par­ties shall be againe heard and determined; w^thich Court shall hereby have full power and authoritie to summon the parties, and to heare and determine the same, and to suspend execution as the same Court shall see cause, and to give finall iudgement 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 Tythes, Of­ferings, yeerly payment, or other Ecclesiasticall duties, due or to be due for any houses, buidings, or other he­reditaments within the City of London or the Liber­ties thereof, which be otherwise provided for by Act of Parliament.

WHereas some doubts have beene 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 eight of November, 1644. Entituled, An Ordinance of the Lords and Commons Assembled in Parliament for the true payment of Tithes, and other such Duties according to the Lawe, and Custome of the Realme, so as to recover their Tithes 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 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 Ecclesiasti­call 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 vertue of the said Ordinance, in as ful 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 substract their Tithes, [Page 6] Rates for Tithes, Rents, or other Duties, to appear before them at their next monethly 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 allowes and gives the same to any Minister or other person whatso­ever.

And in case the summe or sums of money so adjudged 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 summes 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 thinke meet.

And because many appeals are brought into the Chancery upon former Ordinance for Tithes, rather for vexation and delay, then otherwise; Be it therefore Ordained, that no Appeale shall be received or admitted thereupon, untill the party appealing shall lay downe in mony, 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 se­curitie, to persecute his appeale with effect, and to render double costs and damages to the party injur'd or delayed by the appeale, in case no reliefe be given upon the appeale to the persecutor.

[Page 5]Provided that this Ordinance shall continue and be in full force from the foure and twentieth day of July, 1647. untill the first day of November, which shall be in the yeare, 1648.

VVHereas divers Ministers in the severall Counties of this Kingdome for notorious Scandals and Delinquency, have been put out of their Livings 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 otherwaies, have en­tred 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 parishoners unto the Ministers placed in the said Churches by Authority aforesaid.

The Lords and Commons Assembled in Parliament doe therefore Order and Ordaine, and be it Ordained by the said Lords and Commons, That Sheriffs, Mayor, Bayliffs, Justices of the Peace, all Deputy-Lievtenants, and Committees of Parliament in the severall Counties, Cities, and place within this Kingdom, do forthwith apprehend, or cause to be appre­hended all such Ministers as by Authority of Parliament have [Page 6] beene put out of any Church or Chappell within this Kingdome, or any other person or persons who have entred upon any such Church or Chappell, or gained the possession of such Parsonage houses, Tythes 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 setled to receive the same, and all such persons as have beene Aiders, Abetters, or Assi­stors in the premises, and commit them to prison, there to remaine untill satisfaction be made to the severall Ministers placed by the said Authoritie of Parliament for his or their damages sustained, as to the said Sheriffes, Mayors, Bayliffes, Justices of the peace, Deputy-Lieutenants, or Committees of Parliament, or any two of them shall appeare to be just, up­on hearing and proofe 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 beene 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 severall Counties, Cities and places to put this Ordinance in execution, and the said She­riffs, Mayors, Bayliffs, Justices of the Peace, Deputy-Lieute­nants, and Committees of Parliament respectively, are hereby required to take effectuall course according to the severall Orders and Ordinances of Parliament in that behalfe made, that all men do pay their Tythes or profits due unto the said respective Ministers. And it is hereby further Ordered and Ordained. That the Committee appointed for the plundred Ministers have power to see this Ordinance put in execution. And it is further Ordained, That the Committee of com­plaints do give the like remedie to all such Ministers put in by [Page 7] the said Authoritie 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 Livings, 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, disturbe, mo­lest, or hinder such Minister as is put into such Church or Chappell as aforesaid, in the Exercising of the office of his Ministry, upon proofe thereof made upon the oath of two Witnesses, before the said Sheriffs, Mayors, Bayliffs, Justices of Peace, Deputy-Lieutenants, or Committees of Parlia­ment, or any two of them, It shall and may be lawfull to and for the said Sheriffes, Mayors, Bailiffes, Justices of the Peace, Deputy-Lieutenants, or Committees of Parliament, or any two of them, to commit such Offendor or Offendors to pri­son for one Month, so often as he or they shall so offend.

WHereas by an Ordinance of Parliament of the eight of Novem. Anno Dom. 1644. entituled, An Ordinance of the Lords and Com­mons assembled in Paliament, for the true pay­ment of Tythes, and other such Duties, according to the Lawes and Customs of the Realme, there is a Proviso, That the said Ordinance, or any thing therein contained, shall not extend to any Tythes, Offerings, Yearly payments, or other Ecclesiasticall Duties, due or to be due for any [Page 9] houses, buidings 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 Ecclesiasticall Living by way of Sequestration by both or either houses of Parliament, or by the Committee of Plundred 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. entitu­led, An Additionall Ordinance of the Lords and Commons Assembled in Parliament, for the true payment of Tythes and other Duties, and the Ordinance of the 23. of August, 1647. en [...]u­led An Ordinance for the keeping of Godly Mi­nisters placed in Livings by authority of Parlia­ment, and all other Ordinances of Parliament, [Page 10] concerning the payment of Tythes, Rates for Tythes, 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 Iustices of Peace within the said Ci­tie 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 Iu­stices of Peace as aforesaid appointed for their assistance in the due execution of this Ordinance as well within their severall 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 Kingdome of England by the respective Iustices of Peace, and other Officers in the said Ordinances mentioned.

Provided, That this Ordinance, or any thing therein contained shal not be construed to extend to the payment of any other kinde of Tythes, payments, rents or Duties, then such as have been paid at any time since the beginning of this Parliament, or two yeares before

THe Lords and Commons assembled in Parliament, Doe Order, Ordaine, and Declare, That the Ordinance of Par­liament of the ninth of August. Anno Dom. 1647. Intituled, An additionall Ordinance of the Lords and Commons assembled in Parliament, For the true payment of Tythes and other Duties, shall con­tinue, remaine and be, and hereby is continued to remaine and be in full force and strength, from the last day of October, Anno Dom. 1648. un­till 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 alwaies that upon all appeales to be brought into the Chancery, the party appealing shall lay downe 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 Tythes adjudged [Page 12] before the said Justices, together with the treble 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 limitted and appointed in and by the said Ordinance for neglecting to doe their Duties, shall be levied by way of distresse 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 imployed to the use of the Poor of that Parish where such Constable, petty Constable or other Officer doth inhabite.