Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 9 die Februarii.
PRAYERS, by Mr. Carter.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Message from the H. C. with Orders.
A Message was brought from the House of Commons, by Sir Gilbert Gherrard Baronet; who brought Two Orders, wherein they desire their Lordships Concurrence:
1. An Order for Addition of Sixty Pounds per Annum to the Maintenance of a Preaching Minister at New Brentford. (Here enter it.)
2. An Order for Six Hundred and Eighty-seven Pounds, Twelve Shillings, and Eight Pence, for Captain Cambell. (Here enter it.)
The Answer returned was:
That this House agrees to the Orders now brought up.
Breame's Petition, concerning the Admiralty Jurisdiction.
Upon reading the Petition of Arnold Breames, &c. concerning the Jurisdiction of the Admiralty:
It is Ordered, To be referred to the Consideration of all the Judges, or any Two of them; and to report their Opinions thereupon.
Captain Bell, Leave to make a Search in the Exchequer Records.
Upon reading the Petition of Captain Henry Bell:
It is Ordered, To be referred to the Committee for the Revenue, to hear his Cause; and that he shall have Liberty to search in the Offices of the Exchequer for what concerns his Business.
Baldwin to be Gentleman Porter in The Tower.
An Order that Mr. Baldwin shall have the Gentleman Porter's Place in The Tower, under the Great Seal of England.
Message to the H. C. with it;—to remind them of Dr. Gibbon's Ordinance, and the One for Westm College;— and for the Fr. Ambassador to be allowed the Impost on Wine.
A Message was sent to the House of Commons, by Doctor Bennet and Sir Edward Leech:
1. To put them in Mind of the Ordinance concerning the College of Westm.
2. To put them in Mind of Doctor Gibbon's Business.
3. To desire their Concurrence, that the French Ambassador may have the same Privilege for Impost of Wine as other Ambassadors here have, it being but for Thirty Tuns.
4. To deliver to them the Order for Mr. Bald'in to be Gentleman Porter of The Tower, and to have it under the Great Seal.
Preston, E. of Peterborough's Servant, freed from an Arrest:
This Day the Under Sheriff of Midd. James Prynn brought to this Bar Wm. Preston, a menial Servant of the Earl of Peterburgh, being arrested, contrary to the Privilege of Parliament, upon a Mean Action.
Sheriff indemnified for it.
And it is Ordered, That the said Wm. Preston shall be presently released; and the Sheriff hereby is saved harmless, and kept indemnified, from any Trouble from the Party at whose Suit he was arrested, or any other Persons, for his yielding Obedience to the Order of this House.
Guise, to be Sheriff of Gloucester.
Ordered, That this House agrees with the House of Commons, for Mr. Guyse to be Sheriff of the County of Glo'ster. (Here enter it.)
Letter from Colonel Hammond.
A Letter from Colonel Hammond, of the Second of February, was read. (Here enter it.)
Knighton and Bullock, in Error.
Upon hearing the Counsel concerning the Writ of Error depending in this House, between Knighton and Bullocke; and it appearing to this House, "That the Record, by the Writ, is not removed out of the King's Bench; and that the Plaintiff in this Writ of Error hath brought another Writ of Error."
It is Ordered, That the Record in this House be remitted into the King's Bench; and that the Plaintiff shall not have a Supersedeas for the Second Writ of Error.
Governors of Christ's Hospital, and Trinity House claiming under Hawes.
Ordered, That the Master, Wardens, and Assistants of The Trynity House shall give Security to the Governors of Christ's Hospitall, London, according to the Report of the Judges, and the Order of this House thereupon, dated 22 Jan. 1647; and Sir Edward Leech is appointed to take the Security.
Ordinance for repairing Churches.
The Ordinance for Repairing of Churches and Chapels, was read Twice, and Agreed to: (Here enter it.) And ordered to be printed and published, and sent to all the Committees in the several Counties.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons, by Mr. Saye, &c.; who brought an Ordinance for the Raising of Twenty Thousand Pounds a Month for Ireland, wherein they desire their Lordships Concurrence.
The Answer returned was:
That their Lordships will take this Message into Consideration, and will send an Answer by Messengers of their own.
Message from the H. C. with an Order, and a List of the Summer Fleet.
A Message was brought from the House of Commons, by Mr. Wheeler, &c; who brought up these Particulars, wherein they desire their Lordships Concurrence:
1. An Order for making good Two Debts, to the Earl of Northumb. and Sir Rob't Pye. (Here enter it.)
2. A List of the next Summer's Fleet, with Orders in order thereunto. (Here enter them.)
The Answer returned was:
That this House agrees to all the Particulars now brought up.
Sir T. Osborn &a. l.a Pass.
Ordered, That Sir Thomas Osborne, with Mr. Christopher Hallelye and Wm. Sumner, shall have a Pass, to go into France.
Report for Rutter's Sequestration to be taken off.
A Report from the Committee of Lords and Commons for Sequestrations, concerning Rutter, was read. (Here enter it.)
And Ordered, To be sent down to the House of Commons; and desire their Concurrence, that the said Mr. Rutter may have his Sequestration taken off, upon this Report.
Order for 60 l. per Annum, for the Minister of New Brentford.
"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Threescore Pounds per Annum, out of the remaining reserved Rent of the Impropriate Rectory of Ashwell, with the Appurtenances, in the County of Herts, Parcel of the Possessions belonging to the late Bishopric of London, be settled upon, and paid by equal Portions to, the Minister and his Successors, that shall officiate and preach at the Chapel of New Brentford, in the County of Midd. so that the said Minister do live upon that Place, and not be Minister of Hanwell, or have Cure of Souls elsewhere; the First Payment to begin on the 25th Day of March next: It is further Ordered, That the Trustees for the Sale of Bishops Lands be hereby authorized and required, from Time to Time, to issue out their Orders and Warrants to the Treasurers or Receivers, to make due Payment of the said Yearly Sum of Sixty Pounds, in Manner as abovesaid; and the said Order or Warrant of the Trustees, together with the Acquittance of the said Minister of Brentford, and his Successors, shall be from Time to Time a sufficient Warrant and Discharge to the said Treasurers or Receivers, for the Payment of the said Yearly Sum of Threescore Pounds, in Manner as aforesaid, accordingly."
Order for 687 £. 12s. 8d. to Captain Campbell.
"Ordered, by the Lords and Commons assembled in Parliament, That the Committee for Advance of Monies at Habberdash'rs Hall do, within the Space of Six Weeks, pay unto Captain John Cambell, or his Assignee, the Sum of Six Hundred and Eighty-seven Pounds, Twelve Shillings, and Eight Pence, in Pursuance, and according to the Directions, of a former Order."
Guyse, to be Sheriff of Gloucester.
"The Lords and Commons in Parliament assembled do nominate and appoint William Guyse Esquire, to be Sheriff of the County of Gloucester; and that the Commissioners of the Great Seal do pass a Patent to the said William Guyse, to be Sheriff of the said County of Gloucester, accordingly."
Letter from Colonel Hammond, that he has appointed Persons to watch the King constantly.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore. These.
"I shall acquaint your Lordship, That, in Pursuance of your Commands, in order to Security of the Person of the King, by the Approbation of the General, I have appointed Four Gentlemen of approved Integrity, (videlicet) Mr. Herbert, Mr. Mildmay, Captain Tytus, and Captain Preston, constantly to attend the Person of the King, in their Courses, by Two at a Time, who are to be always in His Presence, except when He retires Himself into His Bed-chamber; and then they are to repair, the one to one Door and the other to the other, and there to continue until the King come forth again: In this I thought good to make my Address unto your Lordship, that I may also know your Pleasure; and in case your Lordship please to approve of what is done, I desire (if you shall think fit), in order to the End aforesaid, and for the Quickening their Care and Diligence (of which indeed I cannot yet complain), that your strict Commands may be laid upon them in this their Duty; and that you will please to consider them in some Way answerable to the great Care and Burden that lyeth upon them in such an Employment. What Commands your Lordship shall further please to lay upon me, shall be most carefully observed by,
Carrisbrooke Castle, Feb. 2d, 1647.
Most faithful and humble Servant.
Ordinance for Payment of Debts due by the E. of St. Albans, to the E. of Northumberland and Sir Rob't Pye, out of the Sequestration of his Estate.
"Whereas there is due and owing unto Algernon Earl of Northumberland, by and from Ulick Earl of St. Albans and Clanricard, a Recusant Papist, in Arms against the Parliament, the Sum of Two Thousand Five Hundred Pounds Principal-money, as by Two several Bonds, dated, the one the Third Day of May, Anno Domini 1637, in the Thirteenth Year of His now Majesty's Reign, the other the 2d Day of May, 1638, in the Fourteenth Year of His said Majesty's Reign, appeareth; and also the Sum of One Hundred and Twelve Pounds, Ten Shillings, for the Interest thereof, due the Third Day of November last past, 1646: And whereas there is likewise due and owing unto Sir Robert Pye the Elder, of the City of Westm'r, Knight, by and from the said Earl of St. Albans and Clanricard, the Sum of One Thousand Three Hundred Pounds Principal-money, as by a Bond, dated the 22th Day of May, Anno Domini 1637, in the Thirteenth Year of His said now Majesty's Reign, appeareth; and also the Sum of Four Hundred and Sixty-eight Pounds, for the Interest thereof, due the 24th Day of November last, 1646: And forasmuch as the said Earl of Northumberland and Sir Robert Pye are wholly without Means or Remedy to recover the said Sums of Money due, and which may become due, to them upon the said several Bonds, by any Course at the Common Law, in regard of the Absence of the said Earl of St. Albans and Clanricard, and the Sequestration of his Estate : The Lords and Commons assembled in Parliament, taking the Justice of the Debts and the Premises into their consideration, do order and ordain, That, as well out of the Sequestration, as upon the Sale of the Lands or other Estate of the said Earl of St. Albans and Clanricard, in the County of Kent, or elsewhere, the said several Sums of Two Thousand Five Hundred Pounds Principalmoney, due and owing to the said Earl of Northumberland, and of One Thousand Three Hundred Pounds Principal-money due and owing to the said Sir Robert Pye, together with all such other Sum and Sums of Money as now are and hereafter shall accrue and growdue for the Interest or Forbearance of the same, or either of them, until the Day of the Payment of them, and every of them, shall be fully satisfied and paid unto the said Earl of Northumberland and Sir Robert Pye, or their Assigns, respectively: And all and every Committee and Committees, as well for Sequestrations as otherwise, of the several and respective Counties and Places where the Lands and Estate of the said Earl of St. Albans and Clanricard, or any Part thereof, shall happen to be situate, lying, and being, and all others whom it may concern, is and are hereby authorized and required to cause due Payment and Satisfaction to be made, according to the true Intent and Meaning of this Ordinance: And for so doing, this Ordinance shall be unto them, and every of them, a sufficient Warrant and Discharge in that Behalf."
List of the Summer Fleet.
A List of the Parliament's Ships, to be set forth for the next Summer Guard.
Orders for sitting them out, and for Commanders Names for them to be reported.
"Ordered, by the Lords and Commons in Parliament assembled, That it be referred to the Committee of the Admiralty and Cinque Ports, to take speedy Course, that the Ships now voted may be sitted and prepared to go forth to Sea, for the next Summer's Guard."
"Ordered, by the Lords and Commons, &c. That it be referred to the Committee of the Admiralty and Cinque Ports, to consider of the Names of Commanders for the next Summer's Guard, and to report them to the Houses with all Speed."
"Ordered, by the Lords and Commons, &c. That it be referred to the Committee of the Admiralty and Cinque Ports, to take Course for the graving and sitting the rest of the Parliament's Ships, with Victuals and other Necessaries, ready to be set forth to Sea, if Occasion should require."
Rutter's Pet. to have the Sequestration taken off his Estate, having only signed Two Warrants for levying Assessments for the King by Compulsion:
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of Michaell Rutter Esquire;
"That your Petitioner, being under the Power of the King's Army, was forced to subscribe Two Warrants, in the Year 1642, for the levying an Assessment or Tax on His Majesty's Subjects in the County of Gloucester; whereupon the Committee of Gloucester ordered, That your Petitioner's Estate should be sequestered: Which, as your Petitioner humbly conceives, not being a voluntary Act, was not justifiable by the Ordinance of Parliament made the First of April, 1643: The which your Petitioner well knowing, and considering that the said Committee had not Power to suspend the said Sequestration, made his humble Appeal to the Committee of Lords and Commons for Sequestrations, as in like Cases hath been used and approved, by whose Direction the Matter and Cause of your Petitioner's Sequestration was examined; and, after much Time spent and several Examinations, no other in Effect than as aforesaid, as by the Report made at the Honourable Committee of Lords and Commons for Sequestrations, hereunto annexed, may fully appear:
"In tender Consideration, and in regard your Petioner hath not voluntarily or wilfully offended against any Ordinance or Order of Parliament, your Petitioner humbly prays, That the Sequestration of his Estate may by your Honours Order be forthwith taken off and cleared.
"And your Petitioner, as in Duty bound, shall ever pray, &c.
Report from the Committee for Sequestrations, in his Favour.
"2 Febr. 1647.
"At the Committee of Lords and Commons for Sequestrations.
"In the Case of Mr. Michaell Rutter: Upon the Certificate of the Committee of Gloucestersheire, bearing Date 23 Junii, 1647, and the Depositions and Warrants thereunto annexed; and upon hearing of Counsel on both Sides; it appearing that the said Mr. Rutter did sign Two Warrants only for the Raising of Money and Arms for the King's Army, and that he then lived under the King's Power, and that he came into the Parliament's Protection Three Years before the Date of the said Certificate; and it appearing upon Certificate and Oath, by several Witnesses, that he lent Two Hundred Pounds for the Use of the Garrison of Gloucester, and did several other Services for the Parliament: This Committee are of Opinion, That he is within the Letter of the Ordinances for Sequestration; but, in respect of his good Services as aforesaid, they think him a fit Object for the Favour of both Houses, and do recommend it to their Consideration accordingly: And the Lord North is desired to report the same to the House of Peers, and Mr. Serjeant Wilde to the House of Commons.
"Intr. R. Vaughan."
Cox to be instituted to Middleton;
Ordered, That Doctor Bennett give Institution and Induction unto Sem. Cox Clerk, to the Rectory of Middleton in Theasdale, in the County of Duresme, void by the Death of the last Incumbent; salvo Jure cujustunque: Granted by the Great Seal.
Avery to Warnham;
Ordered, That Doctor Aylett give Institution and Induction unto William Avery Clerk, Batchelor of Arts, to the Vicarage of Warneham, in Com. Sussex; salvo Jure cujuscunque: Granted by the Great Seal.
and Fletcher to Compton.
Ordered, That Doctor Aylett give Institution and Induction unto Henry Fletcher Clerk, Master of Arts, to One Part of the Vicarage of Compton, (fn. 1) which Wm. Osborne Clerk lately held, in Com. Oxon, void by the Death of the said Wm. Osborne; salvo Jure, &c.: Granted under the Great Seal.
(fn. 2) "Die Mercurii, 9 Februarii, 1647.
"An Ordinance of the Lords and Commons assembled in Parliament, for the repairing of Churches, and paying of all Church Duties whatsoever, within the Kingdom of England, and Dominion of Wales.
Ordinance for repairing Churches, and for Payment of Church Duties.
"For the upholding and keeping all Parish Churches and Chapels within this Kingdom of England, and Dominion of Wales, from utter Ruin and Decay, and for Payment of Church Duties: It is Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Four, Three, Two, or One, substantial Inhabitant or Inhabitants, of every Parish or Chapelry aforesaid (having respect to the Proportions or Greatness of every such Parish or Chapelry), shall be nominated and chosen Yearly, on the Monday or Tuesday in Easter Week, by the Parishioners of every Parish or Chapelry (which are or shall be rateable to the Repair of any such Church or Chapel), or the greatest Part of such of them as shall be then assembled for the Choice of Officers within the Parish or Chapelry, to be Churchwarden or Churchwardens, or Collectors of Monies for Church Duties, within every such Parish or Chapelry respectively where any such Churchwarden or Churchwardens have or hath been formerly used to be nominated or chosen; or, in Default hereof, every such Parish or Chapelry shall forfeit the Sum of Forty Shillings to the Use of the Poor of the said Parish, to be recovered as is hereafter expressed; which Churchwardens or Collectors, so to be chosen, are within One Month after their Choice to be allowed and approved of under the Hands and Seals of Two of the next Justices adjoining to the Parish or Chapelry aforesaid.
"And it is further Ordained, That the Churchwardens or Collectors aforesaid, together with the Overseers of the Poor of the same Parish or Chapelry, or the greater Part of them, upon Public Notice thereof first to be given by the Churchwardens in the said Church or Chapel, shall from Time to Time make Rates, or Assessments, by Taxation of every Inhabitant dwelling or residing within such Parish or Chapelry, and of every Occupier of Lands, Houses, Tithes Impropriate, or Impropriation of Tithes, Coal-mines, or saleable Underwoods, or other Hereditaments, within the said Parish or Chapelry, in such competent Sum and Sums of Money as they shall think fit, for and towards the Reparation and Maintenance of every such Parish Church or Chapel respectively, and providing of Books for the said Church or Chapel, and of Bread and Wine to be used at the Administration of the Sacrament there, and for repairing the Walls and Inclosures of the Church Yards or Burying-places thereunto respectively belonging, and for doing and performing every such Thing and Things as by this Ordinance is appointed to be done, at the Charge of such Parish or Chapelry; as also for the doing and executing of all and every Matter which to the Office, Place, or Duty, of the Churchwardens of any such Place wherein they shall be respectively chosen, shall appertain to be done; which said Churchwarden or Churchwardens shall, within Four Days after the End of their Year, and after other Churchwarden or Churchwardens nominated, make and yield to the succeeding Churchwardens, and to such Justices of the Peace as aforesaid, a true and perfect Accompt of all Sums of Money by them received, or rated and assessed and not received, and of all other Things concerning their said Office; and such Sum or Sums of Money as shall be in their Hands shall pay and deliver over to the said Churchwarden or Churchwardens newly nominated and appointed as aforesaid; upon Pain that every One of them, being negligent or faulty therein, or in the Execution of their said Office, shall forfeit, for every such Default or Negligence, the Sum of Twenty Shillings, to the Use of the Poor of such Parish or Chapelry as aforesaid whereof he shall be Churchwarden.
"And it is Ordained, by the Authority aforesaid, That all Rates, Taxations, and Assessments, heretofore made by the Churchwarden or Churchwardens of any Parish or Chapelry aforesaid, by themselves or with others, according to the Custom of such Parish or Chapelry, since the First Day of March, in the Year of our Lord God 1641, for or towards the Repair of any Church or Chapel respectively, or doing of any Thing appointed by this Ordinance to be done, if they shall now be confirmed by the Two next Justices of the Peace, they shall stand and be as good and effectual in the Law, to all Intents and Purposes, as if the same were to be made or done by and according to this Ordinance; and that it shall and may be lawful, as well for the present as subsequent Churchwarden or Collectors, or any of them, their Rates being first confirmed by the Two next Justices of the Peace, by Warrant under the Hands and Seals of Two such Justices of the Peace, within such County or Towns Corporate, to levy as well all and every the said Sums of Money, and all Arrearages, of every one which shall refuse or neglect to pay or contribute their rateable Parts of such Assessments as aforesaid, and the Forfeitures beforementioned, by Distress and Sale of the Offenders Goods; as also all and every the Sum and Sums of Money, which shall be behind upon any Churchwarden's Accompt, for or concerning the Repair of any such Church or Chapel, or other the Things aforesaid; and likewise the Sum of Two Shillings, for and towards the Charge and Expence in levying of the same, rendering to the Party or Parties the Overplus; and, in Default of such Distress, it shall be lawful for any Two such Justices of the Peace to commit him, or her, or them, so refusing or neglecting as aforesaid, to the Common Goal of the County, City, or Town Corporate respectively, where such Justices of the Peace are, and such Offence shall be committed, there to remain, without Bail or Mainprize, until Payment of the said several Sums and Arrearages; and to commit to the said Prison every One of the said Churchwardens which shall refuse to account, there to remain, without Bail or Mainprize, until he hath made a true Accompt, and satisfied and paid so much as upon the said Accompt shall be remaining in his Hands.
"Provided always, That if any Person or Persons shall find him, or her, or themselves, aggrieved with any Assessment, or Tax, or other Act done by the said Churchwarden or Churchwardens, or by the said Justices of the Peace, or any of them, that then it shall and may be lawful for the Party grieved to complain thereof at the next General Quarter Sessions of the Peace, where the Justices of the Peace, or the greater Number of them, shall make such Order therein as to them shall be thought convenient, and the same to conclude and bind all the said Parties.
And be it further Ordained, That the Mayors, Bailiffs, or other Head Officers, of every City, Town, or Place Corporate, within this Realm, or the Dominion of Wales, being Justice or Justices of the Peace, shall have the same Authority, by virtue of this Ordinance, within the several Limits and Precincts of their Jurisdictions, as well out of Sessions as at their Sessions, if they shall hold any, as is before limited, prescribed, and appointed, to Justices of the Peace of the County, or any Two or more of them, or to the Justices of the Peace in their Quarter Sessions, to do and execute, for all the Uses and Purposes in this present Ordinance prescribed, and no other Justice or Justices of the Peace to intermeddle there; and that every Alderman of the City of London, within his Ward, shall and may do and execute in every respect so much as is appointed and allowed in this Ordinance to be done and executed by One or Two Justices of the Peace of any County within this Realm.
And be it also Ordained, That if it shall happen that any Parish do extend itself into more Counties than One, or Part thereof to lie within the Liberties of any City, Town, or Place Corporate, and Part without, that then the Justices of the Peace of every County, as also the Head Officer or Officers, or Justices of the Peace, of such City, Town, or Place Corporate, shall deal and intermeddle only in so much of the said Parish as lieth within their Liberties, and not any further: And every of them respectively, within their several Limits, Wards, and Jurisdictions, to execute the Ordinance aforementioned, concerning the confirming of Rates; the giving of Warrant for the levying of Taxes unpaid; the committing to Prison such as refuse or neglect to pay their rateable Part of the said Assessments, having no sufficient Distress, the taking Accompts of Churchwardens, and the committing to Prison such as refuse to account, or deny to pay the Arrearages due upon their Accompts: And yet, nevertheless, the Churchwardens, or the greatest Number of them, of the said Parishes, extending into such several Limits and Jurisdictions, shall, without dividing themselves, duly execute their Office in all Places within the said Parish, in all Things to them belonging; and shall duly exhibit and make One Accompt before the Head Officer or Officers, or Justices of the Peace, of such Town, or Place Corporate, and One other before the Justices of the said County, or any such Two of them, as is aforesaid.
And be it further Ordained, That if any Action of Trespass, or other Suit, shall happen to be attempted or brought against any Person or Persons, for taking any Distress, or making any Sale, or any other Thing doing by the Authority of this present Ordinance, the Defendant or Defendants in any such Action or Suit, and all others which, in their Aid and Assistance, or by their Commands, shall do any Act or Thing touching or concerning the Premises, or any of them, or his or their Officer or Officers, it shall and may be lawful for them, and every of them, to plead the General Issue, That he or they are not guilty, and to give such special Matter in Evidence to the Jury which shall try the same, which special Matter, being pleaded, had been a good and sufficient Matter in Law to have discharged the said Defendant or Defendants of the Trespass or other Matter laid to his Charge; and that if, upon the Trial of any such Action or Suit, the Plaintiff or Plaintiffs shall not prove to the Jury which shall try the same, that the Fact or Cause of his or their Action or Suit was or were had, made, committed, or done within the County wherein such Action or Suit shall be laid, that then, in every such Case, the Jury which shall try the same shall find the Defendant or Defendants in every such Action or Suit Not guilty, without having any Respect or Regard to any Evidence given by the Plaintiff or Plaintiffs therein, touching the Trespass, Fact, or Cause; for which the same Action or Suit is or shall be brought; and that, if the Verdict shall pass with the said Defendant or Defendants in such Action, or the Plaintiff or Plaintiffs therein become Nonsuit, or suffer any Discontinuance thereof, that, in every such Case, the Justice or Justices, or such other Judge or Court before whom the said Matter shall be tried or depending, shall, by Force and Virtue of this Ordinance, allow unto the Defendant or Defendants his or their Double Costs, which he or they shall have sustained by reason of his or their wrongful Vexation in Defence of the said Suit or Action; for which, the said Defendant or Defendants shall have like Remedy as in other Cases where Costs by the Law of this Realm are given to the Defendants.
"And forasmuch as the Churchwardens or Collectors aforesaid may peradventure be careless or negligent in performing their Duty, it is further Ordered and Ordained, That, upon Complaint made to the Two next Justices, or One of them, or other Information had, thereof, the aforesaid Justices, or One of them, shall or may, in their own Persons, view the said Churches or Chapels, or appoint the Minister and some other of the Parishioners to certify unto them, or One of them, what Reparations are or shall be needful; and thereupon they, or One of them, shall, by a Warrant under their Hand and Seals to the Churchwardens, order and direct what Reparations shall be done within the said Churches or Chapels, and limit and appoint the Time for the doing of the same: And if the Order aforesaid be not performed, they shall bind over the said Churchwardens or Collectors, or any of them, for their Negligence herein, to the next Sessions of the Peace, where, if the Court shall allow of the Order, the Offender or Offenders, upon due Proof of his or their Negligence or Offence herein, shall be severally fined, so as the Fine exceeds not Forty Shillings upon any One of them; and the Offender is to be committed until the Fine be paid, which is to be disposed of to the Use of the Poor of the said Parish or Chapelry.
"Provided always, and it is the Intent and Meaning of the said Ordinance, That the Parishioners and the Churchwardens of any Parish or Chapelry shall not be charged with, or liable unto, the Repairing of any Chancel or Chancels, or of any particular Aisle in Churches or Chapels, which have formerly, by Prescription or Custom, been used to be repaired by the Parsons or Vicars, Impropriators, or others; but that the said Parsons, Vicars, Impropriators, and all other Persons whatsoever, both Politic and Corporate, their Heirs and Successors, which have formerly been liable to the Reparations of all or any Part of any Church, Chapel, Chancel, Aisle, or other Place belonging to the same, by any Custom whatsoever, shall still be liable to the same to all Intents and Purposes; and, for their Negligence herein, shall and may be ordered by the Two next Justices, or shall or may be presented or indicted by the Church-wardens, or any others, at the next Sessions of the Peace, where the Offender for his Offence herein shall be fined and proceeded against in such Manner as the Churchwarden for his Negligence is to be proceeded against by Virtue of this Ordinance.
Provided also, Where any Parish or Chapelry hath any Lands or Tenements, or Yearly Rents or Annuties, formerly given to the Repairing of their Churches or Chapels, and for Church Duties, the Churchwardens or Collectors aforesaid shall be from henceforth Receivers of the said Rents and Profits; and shall have Power, by Warrant from the Justices, to cause the Parties who ought to pay the same to be bound over to the next Sessions, where they shall be, upon due Proof and Hearing the said Parties, ordered to pay the said Rents and Profits to the Churchwardens and Collectors aforesaid, who shall dispose of the same according as it ought to be disposed of, and thereby ease the Parish of so much of the Charge, and shall Yearly account for the same in their Accompts as Churchwardens.
"Provided, That this Ordinance, as to the Repairing of Churches, shall not extend to Parishes or Chapelries where the Churches or Chapels are totally subverted or ruined, by these unhappy Wars, Extremity of Age, or other Casualties; nor to any Cathedrals or Collegiate Churches, which are only to be repaired as formerly they have been used and accustomed.
"And lastly it is Ordained, That all Offences against this Ordinance shall and may be enquired of, heard, and determined, before His Majesty's Justices of Assize, of Oyer and Terminer, or Gaol Delivery, or before the Justices of the Peace of any County, City, or Town Corporate, where any such Offence shall be committed, by Proof of Witnesses upon Oath, which the Justices aforesaid shall hereby have Power to administer, and at their General Sessions of the Peace, by Indictment, Information, or otherwise as the Case shall require, wherein no Wager of Law, Essoign, Protection, or Injunction, shall be admitted or allowed.
"And it is further Ordered, by the Lords and Commons aforesaid, That all and every Sexton or Parish Clerk, within any of the Parishes aforesaid, shall have their due Fees from the several Parishes, to be ordered and recovered by Warrant from the Justices, in such Manner as the Rates made for Churchwardens are ordered to be levied by this Ordinance; and that they be elected and chosen in such Manner as formerly in every Parish hath been accustomed.
To be published.
"Die Mercurii, 9 Febr'ii, 1647.
"Ordered, by the Lords assembled in Parliament, That this Ordinance for repairing of Churches, and paying of Church Duties, be forthwith printed and published, and sent to all Churches and Chapels within the Kingdom of England and Dominion of Wales.
House adjourned till 10a cras.