ever. And the faid Treasurer for the time being, in his Receipts, Payments and Accompts, fhall be fubject to fuch Infpections, Examination and Comptrol, as the faid Governors for the time being, or any four or more of them (whereof fuch as are before appointed for the Special Quorum, to be Three at leaft) fhall eftablish and appoint. And We do hereby for Us, Our Heirs and Succeffors, grant and declare, That thefe Our Letters-Patents, or the Inrolment thereof,. fhall be in and by all Things good, valid, and effectual in the Law, according to the true Intent and Meaning of the fame, and fhall be taken, conftrued, and adjudged in the moft favourable and beneficial Senfe, and to the best Advantage of and for the faid Corporation, as well in all Our Courts of Record, as elsewhere: Notwithstanding the not reciting, or not truly or fully reciting of any Act or Acts of Parlia ment, of or concerning the faid Firft- Fruits or Tenths hereby granted or mention' d to be grant ed, or any part or parcel thereof; and not with. ftanding the not mentioning the true yearly Value of the faid First Fruits or Tenths, or any of them; and notwithstanding any Nonrecital, Mifrecital, Defect, Incertainty, or Imperfection in thefe Our Letters-Patents contained, or any other Matter, Caufe, or thing whatfoever. In Witnefs whereof, We have caused thefe Our Letters to be made Patents: Witnefs Our Self at Westminster, the Third Day of November, in the Third Year of Our Reign.

By Writ of Privy Seals.

COCKS

No X.

An Act for the more Ealy Recovery of
Small Tythes.

OR the more eafy and effectual Recovery of Small Tythes, and the Value of them, where the fame fhall be unduly Substracted and Detained, where the fame do not amount to a bove the yearly Value of forty Shillings from any one Perfon, be it Enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons in this prefent Parliament Af fembled, and by the Authority of the fame, That all and every Perfon and Perfons fhall henceforth well and truly fet out and pay all and fingular the Tythes, commonly called finall Tythes, and Compofitions and Agreements for the fame, with all Offerings, Oblations, and Obventions, to the feveral Rectors, Vicars, and other Perfons to whom they are or fhall be due, in the feveral Parishes within this Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, according to the Rights, Cuftoms and Prefcription commonly used within the faid Parifhes refpectively; And if any Perfon or Perfons fhall hereafter Subftract or Withdraw, or any ways fail in the true Payment of fuch Small Tythes, Oflerings, Oblations, Ob ventions or Compofitions, as aforefaid, by the fpace of Twenty Days at moft after Demand thereof, then it fhall and may be lawful for the Perfon or Perfons to whom the fame fhall be due, to make his or their Complaint in writing unto

Two

Two or more of His Majesty's Juftices of the Peace within that County, Riding, City, TownCorporate, Place or Divifion, where the fame fhall grow due, neither of which Juftices of Peace is to be Patron of the Church or Chapel whence the faid Tythes, do or fhall arife, nor any ways Interested in fuch Tythes, Offerings, Oblations, Obventions or Compofitions aforefaid.

And be it farther Enacted, by the Authority aforefaid, That if hereafter any Suit or Complaint fhall be brought to Two or more Juftices of the Peace as aforefaid, concerning Small Tythes, Offerings, Oblations, Obventions, or Compofitions, as aforefaid, The faid Juftices are hereby Authorized and Required to Summon in Writing under their Hands and Seals, by reafo nable Warning, every fuch Perfon or Perfons against whom any Complaint fhall be made, as aforefaid; And after his or their Appearance, or upon Default of their Appearance, the faid Warning or Summons being proved before them upon Oath, the faid Juftices of Peace, or any Two or more of them, fhall proceed to hear and determine the faid Complaint, and upon the Proofs, Evidences and Teftimonies produc'd before them, fhall in Writing under their Hands and Seals adjudge the Cafe, and give fuch reafonable Allowance and Compenfation for fuch Tythes, Oblations, and Compofitions fo fub-. ftracted or withheld, as they hall judge to be juft and reasonable, and alfo fuch Cofts and Charges not exceeding Ten Shillings, as upon the Merits of the Caufe fhall appear Juft.

And be it farther Enacted, That ifany Perfon or Persons shall refuse or neglect, by the space of

Ten

Ten Days after Notice given, to pay or fatisfy any fuch Sum of Money as upon fuch Complaint and Proceeding, fhall by two or more Justices of the Peace be adjudged, as aforefaid, In every fuch Cafe, the Conftables and Churchwardens of the faid Parish, or one of them, fhall, by Warrant under the Hands and Seals of the faid Juftices to them directed, diftrain the Goods and Chattels of the Party fo refufing or neglecting, as aforefaid, and after detaining them by the space of three Days, in cafe the faid Sum fo adjudged to be paid, together with reafonable Charges for making and detaining the faid Diftrefs, be not tendred or paid by the faid Party in the mean time, fhall and may make publick Sale of the fame, and pay to the Party complaining, fo much of the Money arifing by fuch Sale, as may fatisfy the faid Sum fo adjudged, retaining to themfelves fuch reafonable Charges for making and keeping the faid Difirefs, as the faid Ju ftices fhall think fit, and fhall render the Overplus (if any be) to the Owner.

Provided always, and be it Enacted, That it fhall and may be lawful for all Juftices of Peace, in the Examination of all Matters offered to them by this A&t, to adminifter an Oath, or Oaths, to any Witnefs or Witneffes, where the fame fhall be neceffary for their Information, and for the better Difcovery of the Truth.

Provided alfo, and be it Enacted, That this Act or any thing herein contained, fhall not extend to any Tythes, Oblations, Payments, or Obventions within the City of London or Liberties thereof, nor to any other City or Town Corporate, where the fame are fettled by any

A&

A&t of Parliament in that Cafe particularly made and provided.

Provided alfo, and be it Enacted, That no Complaint for, or concerning any Small Tythes, Offerings, Oblations, Obventions, or Compofitions hereafter due, fhall be heard and determined by any Juftices of the Peace, by virtue of this Act, unless the Complaint fhall be made within the fpace of Two Years next after the times that the fame Tythes, Oblations, Obven tions and Compofitions did become due or payable, any thing in this A&t contained to the contrary notwithstanding.

Provided alfo, and be it Enacted, That any Perfon finding him, her, or themselves aggrieved, by any Judgment to be given by any Two Juftices of the Peace, fhall and may appeal to the next General Quarter-Seffions to be held for the County, Riding, City, Town-Corporate, or Divifion; and the Juftices of the Peace there prefent, or the major part of them, fhall proceed finally to hear and determine the Matter, and to Reverse the faid Judgment, if they fhall fee Caufe: And if the Juftices then prefent, or the major part of them, fhall find caufe to Confirm the Judgment given by the first two Juftices of the Peace, they fhall then Decree the fame by Order of Seffions, and fhall alfo proceed to give fuch Cofts against the Appellant, to be levied by Diftrefs and Sale of the Goods and Chattels of the faid Appellant, as to them shall seem Juft aud Reasonable; And no Proceedings or Judgment had, or to be had, by virtue of this A&t, fhall be removed or fuperfeded by virtue of any Writ of Certiorari, or other Writ out of

His