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
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
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
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
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
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
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
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
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
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
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
"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
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
"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
"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
"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
"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. *) 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. †) "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
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
House adjourned till 10a cras.