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His Majefty's Courts at Westminster, or any other Court whatfoever, unless the Title of fuch Tythes, Oblations, or Obventions fhall be in Queftion, any Law, Statute, Cuftom, or Ufage to the contrary notwithstanding.

Provided always, and be it Enacted, That where any Perfon or Perfons complained of for fubftracting or withholding any Small Tythes, or other Duties aforefaid, fhall, before the Juftices of the Peace to whom fuch Complaint is made, infift upon any Prefcription, Compofition or Modus Decimandi, Agreement or Title, whereby he or fhe is or ought to be freed from payment of the faid Tythes, or other Dues in Queftion, and deliver the fame in Writing to the faid juftices of the Peace, fubfcribed by him or her, and fhall then give to the Party complaining reafonable and fufficient Security to the Satisfaction of the faid Juftices, to pay all fuch Cofts and Damages, as upon a Trial at Law to be had for that purpofe, in any of His Majesty's Courts, having Cognizance of that Matter, fhall be given against him, her, or them, in cafe the faid Prefcription, Compofition or Modus Decimandi, fhall not upon the faid Trial be allowed, That in that Cafe, the said Juftices of the Peace fhall forbear to give any Judgment in the Matter: And that then and in fuch Cafe the Perfon or Perfons fo complaining, fhall and may be at liberty to profecute fuch Perfon or Perfons for their faid Subtraction in any other Court or Courts whatfoever, where he, fhe, or they might have fued before the making of this Act, any thing in this A&t to the contrary notwithstanding.

And

And be it farther Enacted by the Authority aforefaid, That every Perfon and Perfons, who fhall by virtue of this A&t obtain any Judgment, or against whom any Judgment fhall be obtained, before any Juftices of the Peace out of Seffions, for Small Tythes, Oblations, Obventions, or Compofitions, fhall caufe or procure the faid Judgment to be Inrolled at the next General Quarter-Seffions to be holden for the faid County, City, Riding, or Divifion; and the Clerk of the Peace for the faid County, City, Riding, or Divifion, is hereby required, upon tender thereof, to inroll the fame; And that he fhall not afk or receive for the Inrolment of any one Judgment, any Fee or Reward exceeding One. Shilling; and that the Judgment fo inrolled, and Satisfaction made, by paying the fame Sum fo adjudged, fhall be a good Bar to conclude the faid Rectors, Vicars, and other Perfons, from any other Remedy for the faid Small Tythes, Oblations, Obventions or Compofitions, for which the faid Judgment was obtained.

And be it farther Enacted by the Authority aforefaid, That if any Perfon or Perfons against whom any fuch Judgment or Judgments fhall be had, as aforefaid, fhall remove out of the County, Riding, City, or Corporation, after Judgment had, as aforefaid, and before the levying the Sum or Sums thereby adjudged to be Levied, the Juftices of the Peace who made the faid Judgment, or one of them, fhall certify the fame, under his or their Hands and Seals, to any Justice of Peace of fuch other County, City, or Place wherein the faid Perfon or Perfons fhall be Inhabitants; Which faid Juftice is here

by

by Authrized and Required, by Warrant under his Hand and Seal, to be directed to the Conftables or Church-Wardens of the Place, or one of them, to levy the Sum or Sums fo adjudged to be levied as aforefaid, upon the Goods and Chattels of fuch Perfon or Perfons, as fully as the faid other Juftices might have done, if he, fhe, or they, had not removed, as a forefaid,which fhall be paid according to the faid Judgment.

Provided always, and be it Enacted, That no Vicar or other Perfon fhall have Remedy to recover Small Tythes or other Dues aforefaid, which became or were due before the making of this Act, unless Complaint be made to the Juftices of the Peace in Form aforefaid, before the First Day of October, which fhall be in the Year of our Lord One Thoufand Six Hundred Ninety Six.

And it is hereby Declared and Enacted, That the faid Juftices of the Peace who fhall hear and determine any of the Matters aforefaid, fhall have Power to give Cofts, not exceeding Ten Shillings, to the Party profecuted, if they fhall find the Complaint to be false and vexati ous; which Cofts fhall be Levied in Manner and Form aforefaid.

Provided alfo, and be it farther Enacted, That if any Perfon or Perfons fhall be fued for any thing done in Execution of this A&t, and the Plaintiff in fuch Suit fhall difcontinue his A&i. on, or be Nonfuit, or a Verdict pafs against him, that then, in any of the faid Cafes, fuch Perfon or Perfons fhall recover double Cofts.

Provided always, That any Clerk or other Perfon or Perfons, who fhall begin any Suit for

Reco

Recovery of Small Tythes, Oblations, or Obventions, not exceeding the Value of Forty Shillings, in His Majesty's Court of Exchequer, or in any of the Ecclefiaftical Courts, fhall have no Benefit by this A&t, or any Claufe in it, for the fame Matter for which he or they have fo fued.

Provided always, and be it farther Enacted, That this A& fhall continue for the fpace of Three Years, and from thence to the End of the next Seffion of Parliament, and no longer.

N XI.

An ACT for making Perpetual an Act for the more eafy Recovery of Small Tythes; 3, 4

Annæ.

Hereas divers Temporary Laws, which by Experience have been found Beneficial and useful, are expired, or near expiring: Therefore, for continuing the fame, Be it Enacted by the Queen's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons in this prefent Parliament Affembled, and by the Authority of fame, That an Act made in the Seffion of Parliament held in the Seventh and Eighth Years of the Reign of the late K.William the Third, (Intituled, An Act for the more eafy Recovery of Small Tythes) which was to continue for Three Years, and from thence to the End of the next Seffion of Parliament; which Aft was farther continued by an Act made in the

Tenth

Tenth and Eleventh Years of the Reign of the faid K. William the Third, for Seven Years from the Expiration thereof, which will expire at the End of the next Seffion of Parliament, after the Year One Thoufand Seven Hundred and Five, fhall be, and is hereby continued, and fhall be in Force, and be made perpetual.

No XII.

An ADMONITION to all fuch as fhall intend hereafter to enter the State of Matrimony, godly and agreeably to LAWS.

Marriage is bonourable among all Men, and the Bed undefiled. But Whoremongers and Adulterers God will judge, Heb. 13.4.

To avoid Fornication let every Man bave bis Wife, and let every Woman have her Husband. He that cannot contain, let him marry: For better it is to marry than to burn, 1 Cor. 7. 2, 9.

Unto the Married I command, not I, but the Lord: Let not the Wife depart from her Hufband; but if fhe depart, let her remain unmarried; or be reconciled unto her Husband. And let not the Husband put away his Wife, 1 Cor. 7. IC, IT.

Fr, That they contract not with fuch Perfons as be hereafter expreffed, nor with any of like Degree, against the Law of God, and the Laws of the Realm.

Second

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