« PreviousContinue »
His Majesty's Courts at Westminster, or any other Court whatsoever, unless the Title of such Tythes, Oblations, or Obventions shall be in Question, any Law, Statute, Custom, or Usage to the contrary notwithstanding.
Provided always, and be it Enacted, Thať where any person or Persons complained of for substračting or withholding any Small Tythes, or other Duties aforesaid, hall, before the Justices of the Peace to whom luch Complaint is made, infift upon any Prefcription, Compofition or Modus Decimandi, Agreement or Ti. tle, whereby he or the is or ought to be freed from payment of the said Tythes, or other Dues in Question, and deliver the same in Writing to the said justices of the Peace, fubfcribed by him or her, and shall then give to the Party complaining reasonable and sufficient Security to the Satisfaction of the said Justices, to pay all such Costs and Damages, as upon a Trial at Law to be had for that purpose, in any of His Majesty's Courts, having Cognizance of that Matter, shall be given against him, her, or them, in case the said Prescription, Compofition or Modus Decimandi, shall not upon the faid Trial be allowed, That in that Case, the said Juftices of the Peace fhall forbear to give any Judgment in the Matter : And that then and in luch Case the Person or Persons fo complaining, fliall and may be at liberty to prosecute fuch Person or Perions for their faid Subfraction in any other Court or Courts whatsoever, where he, the, or they might have fued before the making of this Act, any thing in this Act to the contrary notwithstanding.
And be it farther Enacted by the Authority aforesaid, That every Person and Persons, who shall by virtue of this A&t obtain any Judgment, or against whom any Judgment shall be obtained, before any Justices of the Peace out of Seffions, for Small Tythes, Oblations, Obventions, or Compositions, shall cause or procure the said Judgment to be Inrolled at the next General Quarter-Seffions to be holden for the said County, City, Riding, or Division ; and the Clerk of the Beace for the faid County, City, Riding, or Division, is hereby required, upon tender thereof, to inroll the same; And that he shall not afk or receive for the Inrolment of any one Judgment, any Fee or Reward exceeding One Shilling; and that the Judgment so inrolled, and Satisfaction made, by paying the same Sum fo adjudged, shall be a good Bar to conclude the faid Rectors, Vicars, and other Persons, from any other Remedy for the said Small Tythes, Oblations. Obventions or Compositions, for which the said Judgment was obtained.
And be it farther Enacted by the Authority aforesaid, That if any Person or Persons against whom any such Judgment or Judgments shall be had, as aforesaid, shall remove out of the County, Riding, City, or Corporation, after Judgment had, as aforesaid, and before the levying the Sum or Suins thereby adjudged to be Levied, the Justices of the Peace who made the faid Judgment, or one of them, shall certify the same, under his or their Hands and Seals, to any Justice of Peace of such other County, City, or Place wherein the said Person or Persons Shall be Inhabitants; Which said Justice is here
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 Suins so adjudged to be levied as aforesaid, upon the Goods and Chattels of such Person or Persons, as fully as the said other Justices might have done, if lieg dhe, or they, had not removed, as aforesaid,
which Thall be paid according to the said Judgment.
Provided always, and be it Enacted, That no Vicar or other person shall have Remedy to recover Small Tythes or other Dues aforelaid, which became or were due before the inaking of this Act, unless Complaint be made to the Justices of the Peace in Form aforesaid, before the First Day of October, which fhall be in the Year of our Lord One Thousand Six Hun. dred Ninety Six.
And it is hereby Declared and Enacted, That the said Justices of the Peace who fhall hear and determine any of the Matters aforesaid, shall have Power to give Costs, not exceeding Ten Shillings, to the Party prosecuted, if they Shall find the Complaint to be false and vexatious; which Cofts shall be Levied in Manner and Form aforesaid.
Provided also, and be it farther Ena&ed, That if any Person or Persons shall be fued for any thing done in Execution of this A, and the Plaintiff in such Suit shall discontinue his Adi. en, or be Nonsuit, or a Verdi& pafs against him, that then, in any of the said Cafes, fuch Person or Persons shall recover double Costs.
Provided always, That any Clerk or other Person or Persons, wbo shall begin any Suit for
Recovery of Sinall 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, thalí have no Benefit by this Act, or any Clause in it, for the same Matter for which he or they have so sued.
Provided always, and be it farther Enacted, That this Ast shall continue for the space of Three Years, and from thence to the End of the next Session of Parliament, and no longer.
No XI. An ACT for making Perpetual an Act for the
more easy Recovery of Small Tytbes ; 3, 4 Annæ.
W! Hereas divers Temporary Laws, which
by Experience have been found Beneficial and useful, are expired, or near expiring: Therefore, for continuing the same, Be iť Enacted by the Queen's moft Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of fame, That an ác made in the Session of Parliament held in the Seventh and Eighth Years of the Reign of the late K.William the Third, (Intituled, An Ast for the more easy Recovery of Small Tytbes) which was to continue for Three Years, and from thence to the End of the next Session of Parliament; which At was farther continued by an Act made in the
Tenth and Eleventh Years of the Reign of the said K. William the Third, for Seven Years from the Expiration thereof, which will expire at the End of the next Session of Parliament, after the Year One Thousand Seven Hundred and Five, shall be, and is hereby continued, and shall be in Force, and be made perpetual.
No XII. An ADMONITION to all such as
shall intend hereafter to enter the State of Matrimony, godly and agreeably to
LAWS. MArriage is bonourable among all Men, and
the Bed undefiled. But Wboremongers and Adulterers God will judge, Heb. 13,4.
To avoid Fornication let every Man bave bis Wife, and let every Woman bave ber Husband. He that cannot contain, let bim marry: For better it is to marry than to burn, 1 Cor.7.2, 2.
Unto the Married I command, not l, but the Lord: Let not the Wife depart from her Husband; but if the depart, let ber remain unmarried ; or be reconciled unto ber Husband. And let not the Husband put away bis Wife, 1 Cor. 7. IC, II.
That they contract not with such Perfons as be hereafter expressed, nor with any of like Degree, against the Law of God, and the Laws of the Realm.