The Principal Laws of England, Treatise · Part 32 – Part 33
¶ How tithes and other profytes ecclesiastical shalbe recouered, inacted .ā. 32. Hen. 8.
AL persons shal truly pay their tithes and offerings according to the lawfull customes & vsages of parishes & places where such tithes or duties be due. And in case they wol wilfully wthold them or any parcel of them: the partie whether he be ecclesiastical or laye that shuld hauehave y• saide tithes or offeringes, may conuent the persons so offending before the ordinary his commissarie or other competente ministre or leaful iudge of the place where such wrong shal be done according to the ecclesiastical lawes. And in eueryevery such cause of suite the same ordinary or leful iudge hauing the parties or their lawful procuratours before him, shall by vertue of this acte procede to the determinatiō therof ordinarily or summarily according to the course of the sayd lawes, and therupon shal giuegive sentence accordingly. And in case any of the parties for any matter concerning that suite, do appeale from the sentence & diffinitiue iudgement of yesaid iuge, then the same iudge forthwith vponupon such appellation made, shal adiudge to the other partie ye reasonable costꝭ of his suite, and shal compel the same partie appellant to pay the same by compulsary processe and censures of the sayde lawes ecclesiastical, taking suretie of the other partie to whom such costes shal be adiudged & paide, to restore the same to the partie appellant, if afterward, the principal cause of that suite of appeale shal be adiudged against him. And so eueryevery iudge ecclesiasticall by vertue of this acte shal adiudge costes to the other partie vponupon eueryevery appeale to be made in any sute or cause of subtraction or detention of any tithes or offeringes or in any other suite to be made concerning the duitie of such tithes or offerings. That if any persons after such sentēce diffinitiue giuē against them, shal obstinatly refuse to pay their tithes or duties or such somes of monye so adiudged wherin they be condemned, then two Iustices of yt peace of the same shyre, wherof one to be of the quorum, shall vponupon certificat or complaynt to them made in wryting by the ecclesiastical iudge that gaue the sentēce, cause them to be attached and commytted to the nexte Iayle, there to remayne without bayle or mainprise, tyl they shal hauehave founde sufficient sureties to be bound by recognisāce or otherwise before ye same iustices to the kinges vse for the performance of the said iudgement.
Prouided, that no person shal be sued or otherwise compelled to paye any tithes for any landes tenementes or hereditamētes which by the lawes of this realme are discharged or not chargeable with the payment of any such tithes.
Prouided also that this acte shal in no wise bynde the inhabitantes of the citie of London and suburbes of the same, for to pay their tithes and offeringes within the same citie and suburbes otherwise then they shuld hauehave done before ye makīg of this act.
And it is further enacted yt where any yt hath an inheritāce frehold terme or interest in any personage vicarage porcion pension tithes oblations or other ecclesiastical profyte whiche is or shalbe made temporal or admitted to be in temporal hādes by the lawes or statutes of this realm, shal fortune to be disseased or otherwise put from his lawful inheritance possession occupation terme or interest in ye same by any other person claming to hauehave interest therin: the person so disseised or wrongfully put from his sayde right or possessiō his heires, wife, and other to whom such wrōg shalbe done, may hauehave his remedye in the kinges temporal courtes, as the case shal require for the recouery of ye same by writtes original of prec. ꝙ reddat, ass. of nouel disseison, mortdanc, Quod …i deforciat, writtes of dower, or other writtes original to be grāted in y• chā cery of eueryevery such ꝑsonage vicarage porciō pension or other profyt eccesiastical according to ye nature of y• sute therof. And yt writtes of couenant and other writtes for fines to be leuied & al other assurācies to be made of any such personage or profyt ecclesiastical shalbe hereafter deuised & graunted there, lyke as hath bene vsed for fynes to be leuied and assurance to be had of lādes or other hereditamētes, and yt al iugemētes to be geuen vponupon any of ye sayd writtes original so to be graūted for any y• premisses, & al fines to be leuied & knowleged in any of y• kings said courtes therof, shall be of like force in ye law as iugemētes giuē & fines leuied of lādꝭ tenementꝭ & here ditamēts in ye same courts vponupon writtes original therfore duely pursued.
Prouided alwayes, that this last act shal not extend to giuegive any remedy or suite in the courtes temporal ageinst any persone which shal refuse to set out his tithes, or which shal wt holde or refuse to pay his tithes or of feringes, but that in al such cases the partie as wel laye as ecclesiastical hauing cause to demaund the same, shal take and hauehave his remedy for the said tithes or offeringes in eueryevery such case in the spiritual courtes according to the ordinance in the fyrst parte of this acte mencioned and not otherwise.
¶ of mortuaries, inacted ā. 21. Hen. 8.
NO person spiritual nor their fermers nor baylyffes shal cal any person before any iudge spiritual for y• recouerie of any Mortuaries more then is hereafter mencioned vponupon payne to forfet for eueryevery time so moch in value as they shal take aboue the somme limited in this acte and ouer that xl.s̄. to ye partie greued, for which he shal hauehave an action of det by wryt byl or information; wherin no wager of law effoin nor protection shalbe alowed, First no Mortuarie shalbe taken of any which at his death hath in mouable goodes vnderunder the value of x. marke. Also no Mortuarie shal be taken but onelyonly where Mortuaries hauehave bene vsed to be payde, and there after the forme hereafter mencioned. Nor in no mo places but one, that is to were, there where his most abiding is and there but one. Nor no persone shal take for a Mortuarie of any person being at his death of the value of x. markes aboue his dettes paid and vnderunder xxxli. aboue .iij s iiij. d. And of the value of xxx li. and vnderunder lx lj. not aboue vi s viii d. And of the value of lx. li. or aboue to any summe what so euer it be, not aboue x. s. Prouided that no Mortuarie shal be asked nor payd for any woman couert baron or child or any person not keping house or for any wayfaring man, but ye mortuaries of such wayfaring men be an swe…able in that place where they had their most dwelling at y• time of their death.
Prouided that any such spiritual persō may take any thing which shal be disposed or bequethed to him or to the high aulter of the church. Also no thing shal be taken for Mortuaries in wales nor the marches of y• same nor in Calys or Berwyke or the marches of the same, but only in such places of y• same where mortuaries hauehave bene accustomed to be paid and there but onelyonly after the forme aboue specified. Prouided that the byshops of Bangour, Landaffe, saint Dauies & saint Asse & the archdeken of Chester may take such mortuaries of y• prestꝰ… within their diosices & iurisdictions, as heretofore hauehave bene accustomed. Prouided also, that in such places where mortuaries hauehave bene accustomed to be taken of lesse value, none shalbe compelled to paye any other mortuarie or more for any mortuarie then hath bene accustomed, nor no mortuarie there shalbe demaunded of any person exempt by this acte vponupon payne afore lymyted.