No. 6. 2 & 3 Edw. VI. c 13 The Tithe of bar Ground Dyer, 170. Cro. El. 475. of any such Tithes, of that be discharged by any Composition real. 32 H. 8, c. 7, §. 5. V. Provided always, and be it enacted by the Authority aforeren Heath or waste said, That all such barren Heath or Waste Ground, other than such as be discharged for the Payment of Tithes by Act of Parliament, which before this Time have lain barren and paid no Tithes by Reason of the same Barrenness, and now be or hereafter shall be improved Cro. Car. 208. and converted into arable Ground or Meadow, shall from henceforth, after the End and Term of seven Years next after such Improvement fully ended and determined, pay Tithe for the Corn and Hay growing upon the same; any Thing in this Act to the contrary in any wise notwithstanding. (6) Who shall pay VI. Provided always, and be it enacted by the Authority aforesaid, That if any such barren, waste or heath Ground, hath before this Time been charged with the Payment of any Tithes, and that the same be hereafter improved or converted into arable Ground or Meadow; that then the Owner or Owners thereof shall, during seven Years next following from and after the same Improvement, pay such Kind of Tithe as was paid for the same before the said Improvement; any Thing in this Act to the contrary in any wise notwithstanding. VII. And be it also further enacted by the Authority aforesaid, their personal That every Person exercising Merchandises, Bargaining and Selling, Clothing, Handicraft or other Art or Faculty, being such Kind of Tithes. (6) It is agreed that the Statute gives an Exemption with Respect to the Land here described for the Term of seven Years. For the Exposition of this Clause, see Inst. 656. Stockwell v. Terry, 1 Vesey, 115, and the late Case of Warwick v. Collins, 2 M. and S. 340. It is settled that Land is not entitled to the Privilege as barren, on account of the Expence of clearing from Wood, Draining, Inclosing, or Recovery from the Sea, and that the Exemption must be founded upon the natural Inaptitude of the Soil for the Production of a Crop without an extraordinary Expence in manuring. In Hutchins v. Maughan, cited by Eyre, C. B. in Jones v. Le David, 4 Gwill. 1594. Land which, from its exposed Situation, would not grow Corn without the Expence of erecting Stone Walls to protect it from the Severity of the Climate, was held to be Exempt. The following Extracts from Lord Ellenborough's Judgment, in Warwick v. Collins, seem to comprize the Substance of the Law upon the Subject :"There are two Causes of unproductiveness in Land, one arising from the mere Neglect of Cultivation; the other, because the Land is in its Nature unfit for, and indisposed to receive and return the Benefits of Cultivation. The latter only is protected; all Land which has not been already cultivated by the Plow, is, to use Lord Coke's Words, (2 Inst. 656) so far not apt for Tillage. Something must necessarily be done; some Labour bestowed; some Expence incurred in all Cases to conquer this Inaptitude. Then comes the Question on the Limitation in the Statute, whether it has paid no Tithes by Reason of Barrenness," (on which the Comments made on the Statute and the Cases have principally turned) in other Words, "whether it be suâpte Naturâ sterilis," and this all agree must be shewn to entitle it to Exemption. It seems neither reasonable nor analogous to the common Course of Husbandry, to confine the Inaptitude for Tillage to such Causes only as hinder the mere Use and Passage of the Plow over it, such as the Incumbrance of Wood, of Water, or Furze and Whin; there is an ulterior Inaptitude to these in all Cases of new Land, arising from the Rankness and Foulness of the Soil; and if I may use the Expression, from its unsubdued Condition. If the Land only require the Manure and Cultivation ordinarily necessary to bring it into an apt State of Tillage, it is not suâpte Naturâ sterilis. Sterility ex vi termini, imports an ungrateful Soil: a sort of natural and constitutional Infecundity, resisting the ordinary Means properly applied to render it otherwise. "The proper Enquiry seems to be, Whether the Land was of such a Nature as to require extraordinary Expence either in Manure or Labour to bring it into a proper State of Cultivation." No. 6. c. 13. Persons, and in such Places, as heretofore within these forty Years have accustomably used to pay such personal Tithes, or of Right 2 & 3 Edw. VI.. ought to pay, (other than such as been common Day-Labourers) shall yearly at or before the Feast of Easter pay for his personal Tithes the tenth Part of his clear Gains, his Charges and Expences, according to his Estate, Condition or Degree, to be therein abated, allowed and deducted. Handicraftsmen VIII. Provided always, and be it enacted, That in all such having used to Places where Handicrafts-Men have used to pay their Tithes within pay Tithes. these forty Years, the same Custom of Payment of Tithes to be observed and to continue; any Thing in this Act to the contrary notwithstanding. Tithe. IX. And be it also enacted by the Authority aforesaid, That if The Ordinary may any Person refuse to pay his personal Tithes in Form aforesaid, that examine him that then it shall be lawful to the Ordinary of the same Diocese where the refuseth to pay ins Party that so ought to pay the said Tithes is dwelling, to call the same Party before him, and by his Discretion to examine him by all lawful and reasonable Means, other than by the Parties own corporal Oath, concerning the true Payment of the said personal Tithes. X. Provided always, and be it enacted by the Authority aforesaid, That all and every Person and Persons which by the Laws or Customs of this Realm ought to make or pay their Offerings, shall yearly from henceforth well and truly content and pay his or their Offerings to the Parson, Vicar, Proprietor or their Deputies or Farmers of the Parish or Parishes where it shall fortune or happen him or them to dwell or abide; and that at such four Offering-Days, as at any Time heretofore within the Space of four Years last past hath been used and accustomed for the Payment of the same, and in Default thereof to pay for their said Offerings at Easter then next following. XI. Provided also, and be it enacted by the Authority aforesaid, That this Act or any Thing therein contained, shall not extend to any Parish which stands upon and towards the Sea-Coasts, the Commodities and occupying whereof consisteth chiefly in Fishing, and have by Reason thereof used to satisfy their Tithes by Fish; but that all and every such Parish and Parishes shall hereafter pay their Tithes according to the laudable Customs, as they have heretofore of ancient Time within these forty Years used and accustomed, and shall pay their Offerings as is aforesaid. Payment of Offer Ings. Tithe of Fish. XII. Provided always, and be it enacted by the Authority afore- Payment of Tithe said, That this Act, or any Thing therein contained, shall not extend by Houses. Latch. 89. in any wise to the Inhabitants of the City of London and Canterbury, and the Suburbs of the same, ne to any other Town or Place that hath used to pay their Tithes by their Houses, otherwise than they ought or should have done before the making of this Act; any Thing contained in this Act to the contrary in any wise notwithstanding. Suits for withhold 1 Bulstr. 67. XIII. And be it further enacted by Authority aforesaid, That if any Person do substract or withdraw any Manner of Tithes, Obven- ing of Tithes shall tions, Profits, Commodities or other Duties beforementioned, or any be in the EcclesiPart of them, contrary to the true Meaning of this Act, or of any astical Court other Act heretofore made, that then the Party so substracting or See 4 Bur.2095. withdrawing the same, may or shall be convented and sued in the King's Ecclesiastical Court, by the Party from whom the same shall be substracted or withdrawn, to the Intent the King's Judge Ecclesiastical shall and may then and there hear and determine the same according to the King's Ecclesiastical Laws: And that it shall not be lawful unto the Parson, Vicar, Proprietor, Owner or other their Farmers or Deputies, contrary to this Act, to convent or sue such No. 6. 2 & 3 Edw. VI. 13. Excommunication of the Pa ty con demied. Lvered to the 1 Leon. 286. 2 Leon. 212. Dyer, 242. Withholder of Tithes, Obventions and other Duties aforesaid, before any other Judge than Ecclesiastical. And if any Archbishop, Bishop, Chancellor, or other Judge Ecclesiastical, give any Sentence in the foresaid Causes of Tithes, Obventions, Profits, Emoluments and other Duties aforesaid, or in any of them, (and no Appeal ne Prohibition hanging) and the Party condemned do not obey the said Sentence, that then it shall be lawful to every such Judge Ecclesiastical to excommunicate the said Party so as afore condemned and disobeying; In the which Sentence of Excommunication, if the said Party excommunicate wilfully stand and endure still excommunicate by the Space of forty Days next after, upon Denunciation and Publication thereof in the Parish Church, or the Place or Parish where the Party so excommunicate is dwelling or most abiding, the said Judge Ecclesiastical may then at his Pleasure signify to the King in his Court of Chancery, of the State and Condition of the said Party so excommunicate, and thereupon to require Process De excommunicato capiendo to be awarded against every such Person as hath been so excommunicate. XIV. Be it further enacted by the Authority aforesaid, That if Copy of the any Party at any Time hereafter, for any Matter or Cause before Iibel shall be de rehearsed, limited or appointed by this Act, to be sued or determined Judges before a in the King's Ecclesiastical Court, or before the Ecclesiastical Judge, Probibition grant- do sue for any Prohibition in any of the King's Courts where Prohibitions before this Time have been used to be granted, that then in every such Case the same Party, before any Prohibition shall be granted to him or them, shall bring and deliver to the Hands of some of the Justices or Judges of the same Court where such Party demandeth the Prohibition, the very true Copy of the Libel depending in the Ecclesiastical Court, concerning the Matter wherefore the Party demandeth the Probibition, subscribed or marked with the Hand of the same Party; and under the Copy of the said Libel shall be written the Suggestion wherefore the Party so demandeth the said Prohibition And in Case the said Suggestion, by two honest and granted for De sufficient Witnesses at the least, be not proved true in the Court fault of proving a where the said Prohibition shall be so granted, within six Months Carthew, 463. next following after the said Prohibition shall be so granted and awarded, that then the Party that is letted or hindred of his or their Suit in the Ecclesiastical Court by such Prohibition, shall upon his or their Request and Suit, without Delay, have a Consultation granted Moor, 573, pl. in the saine Case in the Court where the said Prohibition was granted; and shall also recover double Costs and Damages against the Party that so pursued the said Prohibition, the said Costs and Damages to be assigned or assessed by the Court where the said Consultation shall be so granted; for which Costs and Damages the Party to whom they shall be awarded may have an Action of Debt, by Bill, Plaint or Information, in any of the King's Courts of Record, wherein the Defendant shall not wage his or their Law, nor have any Essoin or Protection allowed or admitted. Suggestion Hetley, 147. 1 Roll. 55. 2 Roll. 125 783. Of what Things a c. 5. XV. Provided always, and be it enacted by the Authority aforecal shall hold Plea said, That this Act, or any Thing therein contained, shall not extend 13 Ed. 1, st. 1, to give any Minister or Judge Ecclesiastical any Jurisdiction to hold Plea of any Matter, Cause or Thing, being contrary or repugnant to 9 Ed. 2, st. 1, or against the Effect, Intent or Meaning of the Statute of Westminster c. 1, 2, 5. second, the fifth Chapter, the Statutes of Articuli cleri, Circumspecte 1 Ed. 3, st. 2, agatis, Silva cadua, the Treatise De Regia prohibitione, ne against the Statute of Anno primo Edwardi tertii, the tenth Chapter, or any of them, ne yet hold Plea in any Matter whereof the King's Court of Right ought to have Jurisdiction; any Thing herein contained to the contrary in any wise notwitstanding. c. 11. 18 Ed. 3, st. c. 7. 45 Ed. 3. c. 2 Inst. 633. 3, 3. No. 6. 2 & 3 Edw. VI. c. 13. XVI. Provided nevertheless, where heretofore such a Custom hath been in many Parts of Wales, that of such Chattel and other Goods as hath been given with the Marriage of any Person, their Tithes have been exacted and levied by the Parsons and Curates in those Parts: Which Custom being dissonant from any Part of this Realin, as it seemed when the said Country of Wales was through civil Dissension unculted, for Want of other sufficient Profits that might otherwise grow to the Curates and Ministers there, to have been for that Time tolerable: So now the Country being well manured and husbanded, and the Tithe is duly paid there of Corn, Hay, Wool and Cheese, and of other Increase of all Manner of Cattle, as it is commonly in all other Parts of this Realm, the same Custom seems to be grievous and unreasonable, specially where the Benefices are else sufficient for the finding of the said Ministers and Curates: That it be therefore enacted by the Authority aforesaid, That from and after the first Day of May next coming no such Tithes of Marriage Goods be exacted or required of any Person within the said Domion of Wales, riage Goods shall or Marches of the same; any Thing in this Act contained, or any be paid in Wales, other Act, Custom or Prescription had or made to the contrary hereof &c. notwithstanding. Cok. Lit. 159. a. No Tithes of Mat No. 7. 7 and 8 William III. c. 6.-An Act for the more easy Recovery of small Titles. POR the more easy and effectual Recovery of small Tithes, and the & 11 W. III c. 15, Value of them, where the same shall be unduly substracted and 7 & 8 W. III c. 6. detained, where the same do not amount to above the yearly Value of Continued further Forty Shillings from any One Person; be it enacted by the King's for 7 Years by 10 most Excellent Majesty, by and with the Advice and Consent of the and perpetuated Lords Spiritual and Temporal, and Commons, in this present Parlia- by 3 & 4 Anne, ment assembled, and by the Authority of the same, That all and c. 18. sec. 1. every Person and Persons shall henceforth well and truly set out and pay all and singular the Tithes, commonly called Small Tithes, and Compositions and Agreements for the same, with all Offerings, Oblations and Obventions, to the several Rectors, Vicars, and other Persons, to whom they are or shall be due, in their several Parishes within this Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, according to the Rights, Customs, and Prescriptions commonly used within the said Parishes respectively; and Vin. V. 8, 564. if any Person or Persons shall hereafter substract or withdraw, or any Small Tithes not ways fail in the true Payment of such small Tithes, Offerings, Obla- paid in 20 Days tions, Obventions, or Compositions as aforesaid, by the Space of aner Demand, lawTwenty Days at most after Demand thereof, then it shall and may be ful to complain to lawful for the Person or Persons, to whom the same shall be due, to interested, make his or their Complaint in Writing unto Two or more of His Majesty's Justices of the Peace within that County, Riding, City, Town Corporate, Place or Division where the same shall grow due; neither of which Justices of Peace is to be Patron of the Church or Chapel whence the said Tithes do or shall arise, nor any ways interested in such Tithes, Offerings, Oblations, Obventions or Compo sitions atoresaid. Burn. V. 2,498. Two Justices not II. And be it further enacted by the Authority aforesaid, That 18 Ed. 3, st. 3, if hereafter any Suit or Complaint shall be brought to Two or more c. 7. Justices of the Peace as aforesaid, concerning small Tithes, Offerings, 45 Ed. 3, c. 3. Oblations, Obventions or Compositions as aforesaid, the said Justices 5 H. 4, c. 11. No. 7. the Person com are hereby authorized and required to summon, in Writing under 7 & 8 W. III. c. 6. their Hands and Seals, by reasonable Warning, every such Person or Persons against whom any Complaint shall be made as aforesaid; and after his or their Appearance, or upon Default of their Appearance, who may summon the said Warning or Summons being proved before them upon Oath, the said Justices of Peace, or any Two or more of them, shall proceed plained of. and on Default of Appear to hear and determine the said Complaint, and upon the Proofs, Eviance determine the dences and Testimonies, produced before them, shall, in Writing Complaint, &c. under their Hands and Seals, adjudge the Case, and give such reasonable Allowance and Compensation for such Tithes, Oblations and Compositions so substracted or withheld, as they shall judge to be just and reasonable, and also such Costs and Charges, not exceeding Ten Shillings, as upon the Merits of the Cause shall appear just. On Refusal to pay III. And be it further enacted, That if any Person or Persons in 10 Days after shall refuse or neglect, by the Space of Ten Days after Notice given, Notice, the Con- to pay or satisfy any such Sum of Money, as upon such Complaint stables, &c. may and Proceeding shall by Two or more Justices of the Peace be ad distrain. Justices to admi- Loudon, &c. judged as aforesaid, in every such Case the Constables and Churchwardens of the said Parish, or One of them, shall, by Warrant under the Hands and Seals of the said Justices to them directed, distrain the Goods and Chattels of the Party so refusing or neglecting as aforesaid, and after detaining them by the Space of Three Days, in case the said Sum so adjudged to be paid, together with reasonable Charges for making and detaining the said Distress, be not tendered or paid by the said Party in the mean Time, shall and may make publick Sale of the same, and pay to the Party complaining, so much of the Money arising by such Sale as may satisfy the said Sum so adjudged, retaining to themselves such reasonable Charges for making and keeping the said Distress, as the said Justice shall thiuk fit, and shall render the Overplus (if any be) to the Owner. IV. Provided always, and be it enacted, That it shall and may be lawful for all Justices of Peace, in the Examination of all Matters offered to them by this Act, to administer an Oath or Oaths to any Witness or Witnesses, where the same shall be necessary for their Information, and for the better Discovery of the Truth. V. Provided also, and be it enacted, That this Act, or any Thing Not to extend to herein contained, shall not extend to any Tithes, Oblations, Paymenis or Obventions, within the City of London, or Liberties thereof, nor to any other City or Town Corporate where the same are settled by any Act of Parliament in that Case particularly made and provided. be heard unless VI. Provided also, and be it enacted, That no Complaint for or concerning any small Tithes, Offerings, Oblations, Obventions or No Complaint to Compositions, hereafter due, shall be heard and determined by any made within two Justices of the Peace, by virtue of this Act, unless the Complaint shall be made within the Space of Two Years next after the Times that the same Tithes, Oblations, Obventions and Compositions, did become due or payable; any Thing in this Act contained to the contrary notwithstanding. Years. may appeal to the Sessions. VII. Provided also, and be it enacted, That auy Person finding Persons aggrieved him, her, or themselves aggrieved, by any Judgement to be given by any Two Justices of the Peace, shall and may appeal to the next General Quarter Sessions to be held for that County, Riding, City, Town Corporate or Division, and the Justices of the Peace there present, or the major Part of them, shall proceed finally to hear and determine the Matter, and to reverse the said Judgement, if they shall If Judgment be see Cause; and if the Justices then present, or the major Part of them, confirmed, Jus shall find Cause to confirm the Judgement given by the first Two tices to give Costs, Justices of the Peace, they shall then decree the same by Order of Sessions, and shall also proceed to give such Costs against the Appel &c. |