House of Lords Journal Volume 9: 9 August 1647

DIE Lunæ, 9 die Augusti.

PRAYERS, by Dr. Staunton.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Mr. Page and Dr. Aylett return with this Answer to the Message sent to the House of Commons:

That they will send an Answer by Messengers of their own.

Message to them, with the Declaration from Sir T. Fairfax, &c. and about the Thanksgiving Sermons.

A Message was sent to the House of Commons, by Mr. Page and Dr. Aylett:

To communicate unto them the Declaration set forth by Sir Thomas Fairefax; and to let them know, that this House approves of this Declaration, and what the General hath done in bringing up the Army in Pursuance of the Ends therein expressed, wherein their Concurrence is desired.

2. To desire that the Two Sermons on the Day of Thanksgiving may be both in the Morning.

Additional Ordinance for due Payment of Tithes.

The Order for Payment of Tithes to Ministers put into Livings of Sequestration, was read, with Amendments, and passed. (Here enter it.)

Ordered, That this Ordinance be printed and published.

Message to the H. C. about the Examination of the late Violence offered to the Houses.

Ordered, That the Committee for Examination of the late Force upon the Parliament do meet this Afternoon, at Four of the Clock; and the House of Commons to be desired that their Committee may meet accordingly.

This was Part of the Message sent by Mr. Page and Doctor Aylett.

Pringle to be a Minister in Northumb.

Ordered, Mr. John Pringle Clerk be One of the Four Preaching Ministers in the County of Northumb.; and the House of Commons to be desired to give their Concurrence therein.

Preachers at the Fast.

Ordered, That Mr. Carryll and Mr. Anthony Burges are appointed to preach, the next Fast-day, before the Lords in Parliament, in the Abbey Church at Westm.

"An additional Ordinance of the Lords and Commons assembled in Parliament, for the true Payment of Tithes and other Duties.

Additional Ordinance for the due Payment of Tithes.

"Whereas some Doubts have been 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 Eighth of November, 1644, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the true Payment of Tithes and other such Duties, according to the Laws and Custom of the Realm," so as to recover their Tithes and other Duties by virtue thereof, and in what Manner Justices of Peace ought to proceed upon the same: The Lords and Commons assembled in Parliament, for Prevention of all such Doubts and Scruples, do declare, That every Minister put, or which shall be put, into any Parsonage, Rectory, Vicarage, or Ecclesiastical 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, and other Duties, by virtue of the said Ordinance, in as full 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 Officers, to summon such Person or Persons who already have, or hereafter shall, refuse to set out, or pay, or shall subtract, their Tithes, Rates for Tithes, Rents, or other Duties, to appear before them at their next Monthly 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 allows and gives the same to any Minister or other Person whatsoever: And in case the Sum or Sums of Money so judged 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 Sums upon such Judgement shall be due, to distrain all and every or any the Goods and Chattels of any 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 think meet.

"And because many Appeals are brought into the Chancery, upon the former Ordinance of Tithes, rather for Vexation and Delay than otherwise: Be it therefore Ordained, That no Appeal shall be received or admitted thereupon, until the Party appealing shall lay down in Money, 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 Security to prosecute his Appeal with Effect, and to render Double Costs and Damages to the Party injured or delayed by the Appeal, in case no Relief be given upon the Appeal to the Prosecutor.

"Provided, That this Ordinance shall continue and be in Force from the Four and Twentieth Day of July, 1647, until the First Day of November which shall be in the Year 1648."

Adjourn.

House adjourned till 10^a cras.