1644. Tithes shall be paid according to law. of subtraction of tithes. realm and dominion, shall fully, truly, and effectually set out, yield, and pay respectively all and singular tithes, offerings, oblations, obventions, rates for tithes, and all other duties commonly known by the name of tithes, and all arrears of them respectively, to all and every the respective owners, proprietors, impropriators, and possessors, as well lay as ecclesiastical respectively, their executors and administrators of parsonages, vicarages, or rectories, either impropriate, or presentative, or donative, and of vicarages, and of portions of tithes respectively within the said realm and dominion, according to the law, custom, prescription, composition, or contract respectively, by which they or any of them ought to have been set out, yielded, and paid at the beginning of Remedy in case this present parliament, or two years before; and in all and every case, where any person or persons hath at any time since the beginning of this present parliament, or two years before, subtracted, withdrawn, or failed in due payment of, or hereafter at any time shall subtract, withdraw, or fail in due payment of any such tithes, offerings, oblations, obventions, rates for tithes, or any duty known by the name of tithes, or arrears of them, or any of them, as aforesaid, the person or persons to whom the same is, hath been, or shall be respectively due, his executors or administrators shall and may make his and their comComplaint to be plaints thereof to any two Justices of Peace within the same county, city, town, place, riding, or division, not being patron or patrons of the church where such subtraction, withdrawing, or failure of payment hath been, or shall be; nor being interested any way in the things in question: which Justices 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, 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 justices by oath, which said justices hereby shall have power to administer the same, to hear and determine the said complaint, by sending for, and examining witnesses upon oath, which said oath the said justices are hereby also authorized to minister, and admitting other proofs brought on either side, and thereupon shall in writing under their hands and seal adjudge the case, and give reasonable costs and damages to either party, as in their judgment they shall think fit. made to two Justices of Peace, who are empowered to hear and deter mine the same. In case of nonpayment within notice. Distress. And be it further ordained by the authority aforesaid, that if any person or thirty days after persons shall refuse to pay any such tithes or sums of money, as upon such complaint and proceeding shall be by any such justices of peace adjudged as aforesaid, and shall not within thirty days next after notice of such judgment in writing under the hand and seal of such Justices of Peace given to him or them, make full satisfaction thereof, according to the said judgment, in every such case the person and persons respectively, to whom any such tithes or sums of money shall be upon such judgment due, shall and may, by warrant from the said justices, 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 satisfy the said judgment, returning the overplus thereof to the party or parties so refusing. And in case no sufficient distress can be found, that Commitment if then the said Justices of Peace, or any other Justices of Peace of the same county as aforesaid, shall and may commit all and every such person and persons so refusing, to the next common gaol of the said county, there to remain in safe custody without bail or mainprize, until he or they respectively shall make full satisfaction, according to the said judgment. no distress be found. Appeal by party grieved to the Chancery. Provided always, and it is further ordained by the authority aforesaid, that if any person or persons shall think him or themselves unjustly dealt with, by or in any such judgment, as aforesaid, then he or they respectively shall and may thereof complain to the high court of chancery, where the cause between the parties shall be again heard and determined; which court shall hereby have full power and authority to summon the parties, and to hear and determine the same, and to suspend execution as the same court shall see cause; and to give final judgment therein with reasonable costs to the party or parties grieved by any such complaint brought before them. Provided Provided always, that this ordinance, or any thing therein contained, shall 1644. not extend to any tithes, offerings, yearly payments, or other ecclesiastical duties, due or to be due for any houses, buildings, or other hereditaments within This not to exthe city of London, or the liberties thereof, which be otherwise provided for by act of parliament. Anno 1646. c. 64. [Scob. 99.] Archbishops and Bishops abolished, and their Lands settled in Trustees. FOR the abolishing of archbishops and bishops, and providing for the pay tend to London. 1646. bishop and bishop abolished. ment of the just and necessary debts of the kingdom, into which the same hath been drawn by a war, mainly promoted by and in favour of the said archbishops, and bishops, and other their adherents and dependents; be it ordained, and it is ordained by the Lords and Commons, in parliament assembled, and by the authority of the same, that the name, title, style, and dignity of Archbishop of Canterbury, Archbishop of York, Bishop of Winchester, Bishop of Duresme, and of all other bishops of any bishoprics within the kingdom of England and dominion of Wales, be from and after the fifth day The name and of September, in the year of our Lord God 1646, wholly abolished and taken title of archaway, and are hereby abolished and taken away. And all and every person and persons are and be thenceforth disabled to hold the place, function, or style of Archbishop, or Bishop of any church, see, or diocese, now established or erected, or to be established or erected within the kingdom of England, dominion of Wales, or town of Berwick, or to use or put in ure any archiepiscopal or episcopal jurisdiction, or authority, by force of any letters-patent from the crown, made or to be made, or by any other authority whatsoever, any law, statute, usage, or custom to the contrary notwithstanding. And be it further ordained, and it is hereby ordained, that all counties palatine, honours, manors, lordships, sites, circuits, precincts, castles, granges, messuages, mills, lands, The lands, postenements, meadows, pastures, parsonages, appropriate tithes, oblations, obven- sessions, and tions, pensions, portions of tithes, parsonages, vicarages, churches, chapels, ad- evidences of vowsons, donatives, nominations, rights of patronage and presentation, parks, and bishops setarchbishops woods, rents, reversions, services, annuities, franchises, liberties, privileges, im- tled in trustees. munities, rights of action and of entry, interests, titles of entry, conditions, commons, courts-leet, and courts-baron, and all other possessions and hereditaments whatsoever, with all and every of their appurtenances, of what nature or quality soever they be, which now are, or at any time within ten years before the beginning of this present parliament, were belonging to the said archbishops or bishops, archbishoprics or bishoprics, or any of them, which they or any of them had held and enjoyed in the right of their archbishoprics or bishoprics, dignities, offices, or places respectively; together with all charters, deeds, books, accounts, rolls, and other writings and evidences whatsoever, concerning the premises, or any of them, which do belong to any the said archbishops or bishops, archbishoprics and bishoprics, are vested and settled, adjudged and deemed to be, and are hereby in the real and actual possession and seisin of Thomas Adams, alderman, now Lord Mayor of the city of London, Sir John Wollaston, knight, Sir George Clark, knight, John Langham, Trustees. alderman, John Fowke, alderman, James Bunce, alderman, William Gibbes, alderman, Samuel Avery, alderman, Thomas Noel, Christopher Pack, John Bellamy, Edward Hooker, Thomas Arnold, Richard Glide, William Hobson, Francis Ash, John Babington, Laurence Bromfield, Alexander Jones, John Jones, Richard Venner, Stephen Estwick, Robert Mead, and James Story, their heirs and assigns; and that they the said Thomas Adams, now Lord Mayor of the city of London, Sir John Wollaston, knight, Sir George Clark, knight, John Langham, alderman, John Fowke, alderman, James Bunce, alderman, William Gibbes, alderman, Samuel Avery, alderman, Thomas Noel, Christopher Pack, John Bellamy, Edward Hooker, Thomas Arnold, Richard Glide, William Hobson, Francis Ash, John Babington, Laurence Bromfield, Alexander Jones, John Jones, Richard Venner, Stephen Estwick, Robert 1646. Lands held of the King, to be holden as of the manor of East Greenwich. And the lands holden of other lords, by the rents and services accustomed. And discharged of tithes. Mead, and James Story, and the survivor and survivors of them and their heirs, and assigns, shall hold all such the premises as are now held of the King, his heirs and successors, as of his manor of East Greenwich, in fee and common socage by fealty, and the annual rents therefore respectively due, and payable within ten years last past, before the beginning of this present parliament, and not in capite, nor by other tenures or services; and shall hold all and every the premises which the said archbishops and bishops held of any other than of the King, by the rents and other services therefore due, and of right accustomed; and the said trustees, their heirs, assigns, farmers and tenants, shall also have, hold, and enjoy the premises, and every of them, freed, acquitted, and discharged of and from the payment of tithes, as fully as the said archbishops and bishops did hold and enjoy, or ought to hold and enjoy the same, at any time during the space of ten years aforementioned, or any time since. And it is further by the same authority ordained, that the said trustees shall have power, and are authorized to make, nominate, and appoint, from time to time, fit and able persons, such as they shall think fit, to survey the premises in any county or counties of England and Wales, and to hold court of surveys, and to demand, receive, and in safe custody to put all the said charters, deeds, books, accounts, rolls, writings, and evidences, that they may be put in such place in the city of London, as the said persons before named, or the major part of them, shall order and appoint. And the said trustees, or any three or more of them, as aforesaid, are hereby authorized and required to administer an oath unto all and every the surveyors, who shall take the same before he shall execute the said place, in these words; viz. I, A. B. do swear, that I will faithfully and truly, according to my best skill and knowledge, execute the place of a surveyor, according to the purport of an ordinance, intituled "An Ordinance of Parliament for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for settling of their Lands and Possessions, upon Trustees, for the Use of the Commonwealth." I shall use my best endeavour and skill to discover the estates therein mentioned, and every part thereof, which shall be given me in charge, and to find out the true values and improvements thereof; and thereof shall make true particulars, according to my best skill and cunning; and the same from time to time deliver in writing close sealed up, unto the said trustees, or any two of them, according to the true intent and meaning of the said ordinance; and this I shall justly and faithfully execute, without any gift or reward, directly or indirectly, from any person or persons whatsoever. Nevertheless it is declared and ordained, that the said persons before named, their heirs and assigns, shall have and hold the premises, and every of them, subject to such trusts and confidence as both houses of parliament shall appoint, and declare and dispose of the same, and the rents and profits thereof, as the said houses shall order and appoint; wherein the Lords and Commons do declare, that due respect shall be had towards such persons and their assigns as are interested in the premises by virtue of any demise heretofore made: provided that the said trustees, their heirs, or assigns, shall not avoid any leases made for any term or estate, not exceeding three lives, or one-and-twenty years in possession, or in such manner as that together with the lease in being shall not exceed three lives, or one-and-twenty years, so as the old and accustomed rent and rents, or so much rent and rents as the ancient and accustomed rent amounted unto, be reserved payable during the said voidable term rent is reserved, and terms or estates, and so as the said leases have not been procured or purchased of any bishop since the first day of December, Anno Domini 1641. And be it further ordained by the authority aforesaid, that if any archbishop or bishop have at any time since the first day of December, Anno Domini 1641, since the first of made any grant or lease to any person or persons, body politic or corporate, of Leases not exceeding three lives, or oneand-twenty years, whereupon the old are not to be avoided. Leases made December, 1641, by bishops, to be void. any the honours, manors, lordships, messuages, lands, tenements, and hereditaments, or any other the premises aforesaid, or any of them, in right of their archbishoprics or bishoprics, the same grant or lease shall be utterly void and of none effect; and the person or persons, body politic or corporate, unto whom the same was made, shall have no benefit thereby provided, and be it ordained, 16-16. since December, ordained, and it is hereby ordained, that if any person or persons, body politic or corporate, at any time or times since the first day of December, in the year of our Lord God 1641, who had any grant or lease for one or more life or lives, or any number of years of the premises, or any part thereof, as is aforesaid, and surrendered the same, to the end that he or they might have a new grant or lease granted or made unto him or them, which by this present ordinance is made void, and the same was accordingly granted or made unto him or them that the said person or persons, body politic or corporate, who hath Those that have so surrendered any such former grant or lease, his and their heirs, successors, surrendered executors, administrators and assigns, shall have, hold, possess, and enjoy, such their old leases time and term as he or they had in any part of the said premises by virtue of 1641, shall enany such former grant, or lease, in such sort and manner as he or they should joy their old have had, held, and enjoyed the same, if no such surrender had been made, terms. subject nevertheless to such payments of rent and other services, and such co- Saving the right venants, conditions, and agreements as in the said former grants or leases were of all persons expressed and contained, saving unto all and every person and persons, their other than the heirs, executors, and administrators, bodies politic and corporate, and their King and successors, other than the King, his heirs and successors, all archbishops and bishops. bishops, and other than the founders and donors, as founders and donors of and to the said archbishoprics and bishoprics, and their heirs, all such right, title, interest, possession, rights in law, or equity, entries, annuities, commodities, fees, and other profits which they or any of them before the said first day of December, 1641, ought lawfully to have had in or to the premises, or any part or parcel thereof, as if this ordinance had never been had or made; also saving to all such person or persons as have adhered to the parliament, all such estate as he or they since the first day of May, Anno Dom. 1641, have Saving to such forfeited or made forfeitable, for non-payment of rent, or not performing of persons as have services to any bishop or bishops, except it be in the case of a lease made ut- adhered to the terly void by this ordinance, by reason the same hath been procured or pur- parliament, such chased of any bishop since the aforesaid first day of December, Anno Dom. 1641; and likewise saving to Philip Earl of Pembroke and Montgomery, and his heirs, all such right as he and they have to the messuage called Duresme of rent. House, and certain stables, late of the possessions of Thomas Bishop of Duresme, situate in the parish of St. Martin's in the Fields, in the county of Middlesex, lately granted by act of this present parliament: this present ordinance, or any thing therein contained in any wise notwithstanding. estates as they have forfeited for non-payment tinued. Provided also, and it is hereby further ordained by the authority aforesaid, Rents payable that all and singular revenues, rents, issues, fees, profits, sums of money, and to charitable allowances whatsoever, as have heretofore been, and now ought to be paid, uses, to be condisposed, and allowed unto, and for the maintenance of any grammar school or scholars, or for or toward the reparation of any church, chapel, highway, causeway, bridges, school-house, alms-house, or any other charitable or pious use, or for maintaining of any lecture or preachers, payable out of any the premises, or which are chargeable, or ought to issue out of, or to be paid for, or in respect of the said premises, or any of them, shall be and continue to be paid and allowed as they were and have been heretofore; any thing in this present ordinance to the contrary in any wise notwithstanding. And it is fur- Sheriff's to prether ordained, that the sheriff of every county and place, who is to attend the sent to the judges a fit person respective courts where any felony is to be tried and determined, shall provide to perform the and present to the judge or judges of such courts, some able and fit person to office of the ordo such things as by the office of the ordinary have been used to be done; dinary. which person and persons shall have authority, and are hereby enjoined to perform that service in such msnner as the respective ordinaries heretofore have used to do. Provided also, that all commissions upon the statute of charitable Commissions uses, shall be valid, though the bishop be therein omitted, and the other com- upon the statute missioners shall proceed therein as fully as they might have heretofore done of charitable when the bishop was therein named; and that all issues triable by the ordi- uses. nary or bishop shall be tried by jury in usual course. Anno 1646. Recital of the first ordinance. Recital of the declaration. Anno 1646. c. 66. [Scob. 101.] WHEREAS by an ordinance of the Lords and Commons made the 9th of October, one thousand six hundred and forty six, the name, title, stile, and dignity of archbishop of Canterbury, archbishop of York, bishop of Winchester, bishop of Duresme, and of all other bishops of any bishoprics within the kingdom of England and dominion of Wales, from the fifth of September, one thousand six hundred and forty-six, is wholly abolished and taken away, and all and every person and persons are disabled to hold the place, function, or stile of archbishop or bishop of any church, see, or diocese, within the kingdom of England and dominion of Wales, by any authority whatsoever; and all counties palatine, honours, manors, lands, tenements, and hereditaments, and other the premises in the said ordinance mentioned, were and are vested and settled, adjudged and deemed to be in the real and actual possession and seisin of Thomas Adams, alderman, then lord-mayor of the city of London, Sir John Wollaston, knight, Sir George Clark, knight, John Langham, alderman, John Fowke, alderman, James Bunce, alderman, William Gibbs, alderman, Samuel Avery, alderman, Thomas Noel, Christopher Pack, John Bellamy, Edward Hooker, Thomas Arnold, Richard Glide, William Hobson, Francis Ash, John Babington, Laurence Bromfield, Alexander Jones, John Jones, Richard Venner, Stephen Estwick, Robert Mead, and James Story, their heirs and assigns, upon trust and confidence that the said persons before named, their heirs and assigns, should have and hold the premises, and every of them, subject to such trust and confidence as both houses of parliament should appoint, declare, and dispose of the same, and the rents and profits thereof, as the said houses should order and appoint. And whereas the said Lords and Commons, the thirteenth of October, one thousand six hundred and forty-six, have declared, they intending to raise the sum of two hundred thousand pounds for the present service of the state, that for the encouragement of such who shall advance any sum, for, and towards the same, and to the intent they might have notice thereof, that every person who has advanced any money, plate, or horses, with their furniture and arms, upon the public faith, may for every sum of money he shall further lend for the advancement of the said sum, be secured a like sum more out of the receipt of the grand excise in course, and the sale of the bishops lands, (except advowsons and impropriations) which shall first happen, together with all the interest after the rate of 81. per cent. per annum, to be paid every six months out of the receipts of the excise, till principal and interest be fully discharged as for example, if there be owing to any person 1007. principal, which with interest due thereupon for three years past, will make 1241. he adventuring 1241. more, may be secured for the whole 2481. as aforesaid: and so `proportionably for a greater or lesser sum, and according to the interest due thereupon. And for the more speedy reimbursing of the said money secured and lent for the purpose aforesaid, that the said lands of the bishops (except before excepted) are estreated and made over to such feoffees for the speedy sale thereof, and such treasurers for the receipt of the monies, as may give satisfaction to the lenders, And have thereby further declared, that it shall and may be lawful for any person or persons to assign his right and interest in any sum or sums of money owing to him upon the public faith as aforesaid, to any person or persons that shall advance the like sum in manner as is before expressed. And therefore for and towards the satisfying of the said two hundred thousand pounds to be raised, or so much thereof as shall be raised, and of such money as according to the said declaration the said lenders are to be repaid for money, plate, horses, with their furniture and arms, advanced upon the public faith, with interest for the same, after the rate aforesaid, the said Lords and Commons have declared and ordained, and do hereby declare and The trustees to ordain, that the said Thomas Adams and other the persons beforenamed, and receive the rents the survivors and survivor of them, and the heirs of the survivor of them, shall and profits of stand and be seised of all and singular the said premises, so vested and settled in stand seised and : them, |