Page:Ruffhead - The Statutes at Large - vol 2.djvu/455

 A. D. 1548. Anno fecundo £c tcrtio Edwardi VI. C. 13. 417 nth Part of his clear Gains, his Chart, .-ncca, ac- cording toliis Eflatc, Condition i Degree, to be therein a! ' Vlll. Provided always, arid Ik- it enacted, That in all fuch ' to - -« pay t 1 : within thefc forty Years, the, Tithes tobeobK: continue; an i this Act to the contrary notwithftandi l. And be it alfo I by the Authority aforefaid, That if any Pcrfon refufc to pay his perfona] TfcoOidlawjr in Form aforefaid, th.it then it (hall lie lawful to the Ordinary ol the fame Di ought to pay the faid Tithes is dwelling, to call the fame Party before him, andby hi to p!" M examine him by all lawful and r I ans, other than by the Parties own corporal Oath, c >ncerning Tidw. the true Payment of the faid pcrfonal Tithes. X. Provided alway ;, an 1 be it enacted by the Authority aforefaid, That all and every Pcrfon and Pcrfons Payment of of- which by the Laws or Cuftoms of this Realm ought to make or pay their I ring, fhall yearly from I - henceforth well and truly content and pay his or their Offerings to the Parfon, Vicar, Proprietor or their Deputies or banners of the Parifh or P.irifhes where it ihj.Il fortune or happen him or them to dwell or abide ; and that at fuch four Offering-Days, as at any Time heretofore within the Space of four Years lall pafl hath been ufed and aceuftomed for the Payment of the fame, and in Default thereof to pay for their faid Offerings at Eajhr then next following. XI. Provided alfo, and be it enacted by the Authority aforefaid, That this Act, or any Thing therein con- Tit!, c of Fitt, taincd, fliall not extend to any Parilh which ftands upon and towards the Sea-Coafts, the Commodities and occupying whereof confificth chiefly in Fifhing, and have by rcafon thereof tiled to fatisfy their Tithes by Fifh ; but that all and every fuch Parifh and Parilhes fhall hereafter pay their Tithes according to the laudable Cuftoms, as they have heretofore of ancient Time within thefe forty Years ufed and aceuftomed, and fhall pay their Offerings as is aforefaid. XII. Provided always, and be it enacted by the Authority aforefaid, That this Act, or any Thing there- Payment of in contained, fliall not extend in any wife to the Inhabitants of the City of London and Canterbury, and the TitbebyHoufts, Suburbs of the fame, ne to any other Town or Place that hath ufed to pay their Tithes by their Houfes, Ljiui b ' 9 ' othcrwife than they ought or fhould have done before the making of this Act ; any Thing contained in this Ad to the contrary in any wife notwithftanding. XIII. And be it further enacted by Authority aforefaid, That if any Perfon do fubftradt or withdraw any Suia for with, manner of Tithes, Obventions, Profits, Commodities or other Duties before mentioned, or any Part of l T. old,nE ,? f ,, , th rn, contrary to the true Meaning of this Act, or of any other Act heretofore made, that then the Party ^"(""e *|'r. fo fubftracting or withdrawing the fame, may or fliall be convented and fued in the King's Ecclefiaflical : a Ci Court." Court, by the Party from whom the fame fhall be fubttrafted or withdrawn, to the Intent the King's Judge i Bulitr. 67. Ecclefiaflical fliall and may then and there hear and determine the fame according to the King's Ecclefiaflical Laws: (z) And that it fhall not be lawful unto the Parfon, Vicar, Proprietor, Owner or other their Far- mers or Deputies, contrary to this Ait, to convent or fue fuch Withholdcr of Tithes, Obventions and other Duties aforefaid, before any other Judge than Ecclefiaflical. (3) And if any Archbifhop, Bilhop, Chan- E*rommunicA- cellor or other Judge Ecclefiaflical, give any Sentence in the forefaid Caufes of Tithes, Obventions, Pro- t'onofihe Party fits, Emoluments and other Duties aforefaid, or in any of them, (and no Appeal ne Prohibition hanging) condemned, and the Party condemned do not obey the faid Sentence, that then it fliall be lawful to every fuch Judge Ec- clefiaflical to excommunicate the faid Party fo as afore condemned and difobeying - r (4) In the which Sen- tence of Excommunication, if the faid Party excommunicate wilfully ftand and endure flail excommunicate by the Space of forty Days next after, upon Denunciation and Publication thereof in the Parifh Church, or the Place or Parifh where the Party fo excommunicate is dwelling or moft abiding, the faid Judge Ec- clefiaflical may then at his Pleafure fignify to the King in his Court of Chancery, of the State and Condi- tion of the faid Party fo excommunicate, and thereupon to require Procefs De excommunicato capiendo to be awarded againft every fuch Perfon as hath been Co excommunicate. XIV. Be it further enacted by the Authority aforefaid, That if any Party at any Time hereafter, for any A C- Matteror Caufe before rehearfed, limited or appointed by this Act, to be fued or determined in the King's L 'bel iJuli it Ecclefiaflical Court, or before the Ecclefiaflical Judge, do fue for any Prohibition in any of the King's '. ■;' Courts where Prohibitions before this Time have been ufed to be granted, that then in every fuch Cafe trie ■,. fame Party, before any Prohibition fhall be granted to him or them, fliall bring and deliver to the Hands of printed, fome of the Juftices or Judges of the fame Court where fuch Party demandeth the Prohibition, the very 1 Leon. 286. true Copy of the Libel depending in the Ecclefiaflical Court, concerning the Matter wherefore the Party * L « r - -'-'• demandeth the Prohibition, fubferibed or marked with the Harrd of the fame Party ; and under the Copy of the faid Libel fhall be written the Suggeftion wherefore the Party fo demandeth the faid Prohibition: (2) Dyer 241 ■ And in cafe the faid Suggeftion, by two honeft and fufficient Witnefles at the leafl, be not proved true in S.'-[: ] ' ' ', the Court where the faid Prohibition fliall be fo granted, within fix Months next following after the faid /q ( ? Prohibition fhall be fo granted and awarded, that then the Party that is letted or hindred of his or their Suit granted for Do- in the Ecclefiaflical Court by fuch Prohibition, fliall upon his or their Requeft and Suit, without Delay, have fault of pwving a Confutation granted in the fame Cafe in the Court where the faid Prohibition was granted ; (3) and fliall a Suggettion. alfo recover double Cofts and Damages againft the Party that fo purfued the faid Prohibition, the faid Cofls Garthew 463. and Damages to be affigned or aiTcfled by the Court where the faid Consultation fhall be fo granted ; (4), j. for which Cofts and Damages the Party to whom they fhall be awarded may have ari Action of Debt by ?. r Bill, Plaint or Information in any of the King's Courts of Record, wherein the Defendant fliall not v. 5. pi. his or their Law, nor have any EiToin or Protection allowed or admitted. ?* 8, XV. Provided always, and be it enacted by the Authority aforefaid, That this Act, or any Thing there- ° 4 j ;;;•;, 'in contained, fliall not extend to give any Minifter or Judge Ecclefiaflical any Juril'dic-tion to hold Plea of 3 atter, Caule or Thing, being contrary or repugnant to or agamft the Eftett, intent or Meaning or j„ the Statute of Weflminlier fecond, the fifth Chapter, the Statutes of Articidi #»'<>;, Gircumfpeffe agatis, Silva ts £a.! Stat. 1, Vol. II. " Hhh ., s-