Page:Ruffhead - The Statutes at Large - vol 2.djvu/454

 C. II. 416 C. 13. Anno fecundo & tertio Edward 1 VI. A. D. 1548. c A P. XIII. An A£b for Payment of Tithes. Inwhat Mann« « vj j HERE in the Parliament holden at Wcjimvifter the iv. Day of February in the xxvij. Year of the Tithes ought to i -yy Reign of the late King of moft famous Memory, King Henry the viij. there was an Act made 27 h!s'. c. 20. ' concerning Payment of Tithes Predial and Perfonal : (2) And alfo in another Parliament holden at Wcji- 32 H. 8. c 7. ' minfter the xxiv. Day of y«/p in the xxxij. Year of the Reign of the faid late King Henry the viij. ano- 1 Roll 13,90,' ' ther Act was made concerning the true Payment of Tithes and Offerings; (3) in which feveral Acts 3S4- '3 Co - a 3. ' many and divers Things be omitted and left out, which were convenient and very neceffary to be added Co'dboltTii 1. 3 '' ' to the f ame •■' W I" Confederation whereof, and to the Intent the faid Tithes may be hereafter truly pl.>3.o. paid, according to the Mind of the Makers of the faid Acts, be it ordained and enacted by the King our iS EJ. j. fiat. 3. Sovereign Lord, with the AfTent of the Lords Spiritual and Temporal, and the Commons in this prefent c 7. 45 Ed. 3. Parliament nffembled, and by the Authority of the fame, That not only the faid Acts made in the faid 3. 5 H. 4. xxv jj_ ant j xxrxij. Years of the Reign of the faid late King Henry the viij. concerning the true Payment of - inft. 64S. Tithes, and every Article and Branch therein contained, fhall "•abide and ftand in their full Strength and March 21.' Virtue; (5) but alfo be it further enacted by the Authority of this prefent Parliament, that every of the 2 Bulft.S5, 1S3. King's Subjects fhall from henceforth truly and juftly, without Fraud or Guile, divide, fet out, yield and 3 Bulft. 10S. pay, all manner of their predial Tithes in their proper kind as they rife and happen, in fuch Manner and Every Perfon Form as hath been of Right yielded and payed within forty Years next before the making of this Act, or of fhall fet forth Right or Cuftom ought to have been paid: (6) And that no Perfon fhall from henceforth take or carry d""l Tithes PrC " awa y any fuch or like Tithes, which have been yielded or paid within the faid forty Years, or of Right 2 a&, 6 i'ii ought to have been paid, in the Place or Places titheable of the fame, before he hath juftly divided or 3 Leoii.204. fet forth for the Tithe thereof the tenth Part of the fame, or otherwife agreed for the fame Tithes with 3 Mod. 50. the Parfon, Vicar or other Owner, Proprietory or Fermorof the fame Tithes; (7) under the Pain of For- Raymond 14. f e; ture f treble Value of the Tithes fo taken or carried away. Hardrefs 315. 3 Vent. 126. Carth. 361. Cro. El. 6cS, 621, 766. Cro. Car. 513. The Penalty for II. And be it alfo enacted by the Authority aforefaid, That at all Times whenfoever and as often as the carrying of Com..r a j j p re dial Tithes Shall be due and at the Tithing Time of the fame, it to be lawful to every Party to or Hay before wnorn any of the faid Tithes ought to be paid, or his Deputy or Servant, to view and fee their laid Tithes fth orfor let- t0 t> e juftly and truly fet forth and fevered from the nine Parts, and the fame quietly to take and carry tin* the Parfon away : (z) And if any Perfon carry away his Corn or Hay or his other predial Tithes, before the Tithe to cany it. thereof be fet forth; (3) or willingly withdraw his Tithes of the fame or of fuch other Things whereof Co. pi. f. 161. predial Tithes ought to be paid; (4) or do ftop or let the Parfon, Vicar, Proprietor, Owner or other their 2 Bulit. 218, Deputies or Farmers, to view, take and carry away their Tithes as is abovefaid; (5) by Reafon whereof 278' Godbolt the faid Tithe or Tenth is loft, impaired or hurt; that then upon due Proof thereof made before the Spi- 3,15! pi. 342. ritual Judge or any other Judge to whom heretofore he might have made Complaint, the Party fo car- Moor 528. rying away, withdrawing, letting or flopping, fhall pay the double Value of the Tenth or Tithe fo Hob. aiS. Cr0 - taken, loft, withdrawn or carried away, over and befides the Cofts, Charges and Expences of the Suit ^"s ^'roUm' ' n the ' ame' (°^ The fame to be recovered before the Eccleilaftical Judge according to the King's Eccle- Hetley*ii3- fiaftical Laws. March 57. III. And be it further enacted by the Authority aforefaid, That all and every Perfon which hath or fhall Tithe of Cattle have any Beafts or other Cattle titheable, going, feeding or depafturing in any waffe or common Ground, feeding in a whereof the Parifh is not certainly known, lhall pay their Tithes for the Increafe of the faid Cattle fo go- "Waftev.herethe j n g m t h e f a id Wafte or Common, to the Parfon, Vicar, Proprietor, Portionary, Owner or other their Panfh is net jr ar mers or Deputies of the Parifh, Hamlet, Town or other Place, where the Owner of the faid Cattle t T'jv u a inhabiteth or dwelleth. ofTitheby Pre- IV - Provided always, and be it enacted by the Authority aforefaid, That no Perfon fhall be fued or i'cription or otherwife compelled to yield, -jive'or pay any manner of Tithes for any Manors, Lands, Tenements or Compofition. Hereditaments, which by the Laws and Statutes of this Realm or by any Privilege or Prefcription, are not. 2C0.44. 13 Co. chargeable with the Payment of any fuch Tithes, or that be difcharged by any Compofition real. 32 H. 8. 42. Co.pi. 45 2, Ci?< ^_ s< a Rolling. V. "Provided always, and be it enacted by the Authority aforefaid, That all fuch barren Heath or wafte TheTithe'of Ground, other than fuch as be difcharged for the Payment of Tithes by Aft of Parliament, which before barren Heath or this Time have lain barren and paid no Tithes by reafon of the fame Barrenness, and now be or hereaf- I wafte Ground, ter fhall be improved and converted into arable Ground or Meadow, fhall from henceforth, after the End Dyer 170. and Term of feven Years next after fuch Improvement fully ended and determined, pay Tithe for Cn. El. 475. ^g Q orn an( j j} a y growing upon the fame; any Thing in this Act to the contrary in any wife not- .C°o. 'ca°. 9 Z o8. withstanding. VI. Provided always, and be it enacted by the Authority aforefaid, That if any fuch barren, wafte or heath Ground, hath before this Time been charged with the Payment of any Tithes, and that the fame be hereafter improved or converted into arable Ground or Meadow; that then the Owner or Owners thereof fhall, during feven Years next following from and after the fame Improvement, pay fuch kind of Tithe as was paid for the fame before the faid Improvement; any Thing in this Act to the contrary in any wife notwithstanding. ■Who fhall pay VII. And be it alfo further enacted by the Authority aforefaid, Thaft every Perfon exercifing Merchan- their perfonal difes, Bargaining and Selling, Clothing, Handicraft or other Art or Faculty, being fuch kind of Perfons, and Tithes. m f uc h Places, as heretofore within thefe forty Years have accuftomably ufed to pay fuch perfonal Tithes, or ' of Right ought to pay, (other than fuch as been common Day-Labourers) fhall yearlv at or be/. Feaft