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<DATE>2010-06-24</DATE>
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<NAME>Alexis Jakobson</NAME>
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<VID>171773</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<P><PB REF="1" MS="y">
AN ORDINANCE OF THE LORDS and COMMONS A&s;&s;embled in PARLIAMENT: FOR The repairing of CHURCHES, and paying of all Church-Duties What&s;oever within the Kingdome of <HI>England,</HI> and Dominion of <HI>Wales.</HI></P>
<P><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="license">
<OPENER><DATE>Die Mercurii, 9 <HI>Februarii.</HI> 1647.</DATE></OPENER>
<P><HI>ORdered by the Lords A&s;&s;embled in Parliament, That this Ordinance for repairing of Churches, and pay|ing of Church-Duties, be forthwith printed and publi&s;hed and &s;ent to all Churches and Chappels within the King|dome of</HI> England <HI>and Dominion of</HI> Wales.</P>
<CLOSER><SIGNED>Joh. Brown, Cler. Parliamentorum.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></P>
<P>Imprinted at London for <HI>John Wright</HI> at the Kings Head in the old Bayley. 1647.</P>
<PB REF="2" MS="y">
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<BODY>
<DIV1 TYPE="ordinance">
<PB REF="3">
<PB N="1" REF="3">
<OPENER><DATE><HI>Die Mercurii,</HI> 9 Februarii. 1647.</DATE></OPENER>
<HEAD>An Ordinance for repairing Chur|ches, and for payment of Church-Duties.</HEAD>
<P>_FOr the upholding and keeping all Pari&s;h Churches and Chappels within this Kingdome of <HI>Eng|land</HI> and Dominion of <HI>Wales</HI> from utter ruine and decay, and for payment of Church Duties, It is Ordered and Ordained by the Lords and Commons A&s;&s;em|bled in Parliament, That foure, three, two, or one &s;ub&s;tantiall Inhabitant or Inhabitants of every Pari&s;h or Chappelry afore&s;aid, (having re&s;pect to the pro|portions or greatne&s;&s;e of every &s;uch Pari&s;h or Chap|pelry) &s;hall be nominated and cho&s;en yearly on the Munday or Tue&s;day in Ea&s;ter weeke, by the Pa|ri&s;hioners of every Pari&s;h or Chappelry, (which are or &s;hall be rateable to the repaire of any &s;uch Church or Chappell) or the greate&s;t part of &s;uch of them as &s;hall be then a&s;&s;embled for the choyce of Officers within the Pari&s;h or Chappelry) to be Church-war|den, or Churchwardens, or Collectors of moneyes for Church-Duties, within every &s;uch Pari&s;h or Chappelry re&s;pectively, where any &s;uch Church-warden or Church-wardens, have or hath been for|merly u&s;ed to be nominated or cho&s;en; or in default hereof, every &s;uch Pari&s;h or Chappelry &s;hall forfeit
<PB N="2" REF="4">
the &s;umme of forty &s;hillings, to the u&s;e of the poore of the &s;aid pari&s;h, to be recovered as is hereafter ex|pre&s;&s;ed; which church-wardens or collectors &s;o to be cho&s;en, are within one moneth after their choyce to be allowed and approved of under the hands and &s;eales of two of the next Ju&s;tices adjoyning to the pari&s;h or chappelry aforefaid.</P>
<P>And it is further Ordained, That the church-wardens, or collectors afore&s;aid, together with the Over&s;eers of the poore of the &s;ame pari&s;h or chap|pelry, or the greater part of them, upon publike no|tice thereof fir&s;t to be given by the church-wardens in the &s;aid church or chappell, &s;hall from time to time make rates or a&s;&s;e&s;&s;ements, by taxation of eve|ry. Inhabitant dwelling or re&s;iding within &s;uch pari&s;h or chappelry, and of every Occupier of lands, hou|&s;es, tythes impropriate, or impropriation of tythes, colegmnies, or &s;aleable underwoods, or other heredi|taments, within the &s;aid pari&s;h or chappelry, in &s;uch competent &s;umme and &s;ummes of money as they &s;hall think fit, for and towards the reparation and maintenance of every &s;uch pari&s;h church or chap|pell re&s;pectively, and providing of Books for the &s;aid church or chappell, and of Bread and Wine to be u&s;ed at the admini&s;tration of the Sacrament there, and for repairing the walls and inclo&s;ures of the church yards, or burying places thereunto re&s;pective|ly belonging, and for doing and performing every &s;uch thing and things as by this Ordinance is appoin|ted to be done, at the charge of &s;uch pari&s;h or chap|pelry; As al&s;o for the doing and executing of all and every matter, which to the office, place, or duty of the church-wardens of any &s;uch place wherein they
<PB N="3" REF="4">
&s;hall be re&s;pectively cho&s;en, &s;hall appertaine to be done; which &s;aid church-warden or church-wardens &s;hall within foure dayes after the end of their yeare, and after other church-warden or church-wardens nominated, make and yeeld to the &s;ucceeding church-wardens, and to &s;uch Ju&s;tices of the Peace as afore&s;aid, a true and perfect accompt of all &s;ums of money by them received, or rated and a&s;&s;e&s;&s;ed, and not received; and of all other things concerning their &s;aid Office; and &s;uch &s;um or &s;ums of money as &s;hall be in their hands, &s;hall pay and deliver over to the &s;aid churchwarden or churchwardens newly no|minated and appointed as afore&s;aid, upon paine that every one of them being negligent or faulty therein, or in the execution of their &s;aid Office, &s;hall forfeit for every &s;uch default or negligence, the &s;um of twen|ty &s;hillings to the u&s;e of the poore of &s;uch pari&s;h or chappelry, as afore&s;aid, whereof he &s;hall be church-warden. And it is Ordained by the Authority afore|&s;aid, That all Rates, Taxations, and A&s;&s;e&s;&s;ements, heretofore made by the church-warden or church-wardens of any pari&s;h or chappelry afore&s;aid, by them&s;elves or with others, according to the cu&s;tome of &s;uch pari&s;h or chappelry, &s;ince the fir&s;t day of March in the yeare of our Lord God 1641. for or towards the repaire of any church or chappell re&s;pe|ctively, or doing of any thing appointed by this Or|dinance to be done, if they &s;hall now be confirm|ed by the two next Ju&s;tices of the Peace, they &s;hall &s;tand, and be as good and effectuall in the Law, to all intents and purpo&s;es as if the &s;ame were to be made or done by and according to this Ordinance: And that it &s;hall and may be lawfull, as well for the pre&s;ent
<PB N="4" REF="5">
as &s;ub&s;equent Church-warden, or Collectors, or any of them, their Rates being fir&s;t confirmed by the two next Ju&s;tices of the Peace, by Warrant under the hands and &s;eals of two &s;uch Ju&s;tices of the Peace within &s;uch County or Townes corporate, to leavie as well all and every the &s;aid &s;ummes of money, and all Arrerages of every one which &s;hall refu&s;e, or neg|lect to pay or contribute their rateable parts of &s;uch A&s;&s;e&s;&s;ements as afore&s;aid, and the forfeitures before mentioned by Di&s;tre&s;&s;e, and &s;ale of the Offenders goods, as al&s;o all and every the &s;umme and &s;ummes of Money which &s;hall be behinde upon any Church-wardens Accompt, for, or concerning the repaire of any &s;uch Church or Chappell, or other the things afore&s;aid; and likewi&s;e the &s;umme of two &s;hillings for and towards the charge and expence in leavying of the &s;ame, rendering to the party or parties the o|verplus; and in default of &s;uch Di&s;tre&s;&s;e it &s;hall be lawfull for any two &s;uch Ju&s;tices of the Peace to commit him, or her, or them &s;o refu&s;ing, or negle|cting as afore&s;aid, to the common Goale of the County, City, or Towne corporate re&s;pectively, where &s;uch Ju&s;tices of the Peace are, and &s;uch of|fences &s;hall be committed, there to remaine without Bayle or Mainprize untill payment of the &s;aid &s;eve|rall &s;ummes and Arrerages; and to commit to the &s;aid Pri&s;on, every one of the &s;aid Church-wardens which &s;hall refu&s;e to accompt, there to remaine without Bayle or Maine-prize untill he hath made a true Accompt, and &s;atisfied and paid &s;o much as up|on the &s;aid Accompt &s;hall be remaining in his hands. Provided alwaies, That if any per&s;on or per&s;ons &s;hall finde him, or her, or them&s;elves agrieved with any
<PB N="5" REF="5">
A&s;&s;e&s;&s;ement, or Tax, or other act done by the &s;aid Church-warden or Church-wardens or by the &s;aid Ju&s;tices of the Peace, or any of them, that then it &s;hall and may be lawfull for the party grieved to complaine thereof at the next generall Quarter Se&s;|&s;ions of the Peace, where the Ju&s;tices of the Peace, or the greater number of them &s;hall make &s;uch order therein as to them &s;hall be thought convenient, and the &s;ame to conclude and binde all the &s;aid parties.</P>
<P>And be it further Ordained, that the Mayors, Bayliffs, or other head Officers of every City, Town, or place corporate within this Realme, or the Do|minion of <HI>Wales,</HI> being Ju&s;tice, or Ju&s;tices of the Peace, &s;hall have the &s;ame authority by vertue of this Ordinance within the &s;everall limits, and pre|cincts of their jurisdictions, as well out of Se&s;&s;ions as at their Se&s;&s;ions, if they &s;hall hold any, as is be|fore limited, pre&s;cribed, and appointed to Ju&s;tices of the Peace of the County, or any two or more of them, or to the Ju&s;tices of the Peace in their Quar|ter Se&s;&s;ions to doe, and execute for all the u&s;es and purpo&s;es in this pre&s;ent Ordinance pre&s;cribed, and no other Ju&s;tice, or Ju&s;tices of the Peace to inter|meddle there; and that every Alderman of the Ci|ty of <HI>London</HI> within his Ward &s;hall and may doe and execute in every re&s;pect &s;o much as is appointed and allowed in this Ordinance to be done and exe|cuted by one or two Ju&s;tices of the Peace of any county within this Realme. And be it al&s;o Ordai|ned. That if it &s;hall happen that any Pari&s;h do ex|tend it &s;elfe into more counties then one, or part thereof to lye within the Liberties of any City, Town, or place corporate, and part without, that then the
<PB N="6" REF="6">
Ju&s;tices of the Peace of every county, as al&s;o the head Officer, or Officers, or Ju&s;tices of the Peace of &s;uch City, Towne, or place corporate, &s;hall deale and intermeddle onely in &s;o much of the &s;aid Pari&s;h as lyeth within their Liberties, and not any further; and every of them re&s;pectively within their &s;everall Limits, Wards, and Juri&s;dictions, to execute the Ordinance aforementioned concerning the confir|ming of Rates, the giving of Warrant for the leavy|ing of Taxes unpaid, the committing to pri&s;on &s;uch as refu&s;e or neglect to pay their rateable part of the &s;aid A&s;&s;e&s;&s;ements having no &s;ufficient Di&s;tre&s;&s;e, the taking Accompts of Church-wardens, and the com|mitting to Pri&s;on &s;uch as refu&s;e to accompt, or deny to pay the Arrerages due upon their Accompts; and yet neverthele&s;&s;e the Church-wardens, or the greate&s;t number of them of the &s;aid Pari&s;hes extending into &s;uch &s;everall Limits &amp; Juri&s;dictions, &s;hall without di|viding them&s;elves duly execute their office in all pla|ces within their &s;aid Pari&s;h in all things to them belonging; and &s;hall duly exhibit and make one accompt before the head Officer, or Officers, or Ju&s;tices of the peace of &s;uch Towne, or place Corporate, and one other before the Ju&s;tices of the &s;aid County, or any &s;uch two of them as is afore&s;aid.</P>
<P>And be it further Ordained, that if any action of tre&s;pa&s;&s;e, or other &s;uit &s;hall happen to be attempted, or brought again&s;t any per&s;on, or per&s;ons, for taking any di&s;tre&s;&s;e, or making any &s;ale, or any other thing doing by the authority of this pre&s;ent Ordinance, the defendant or defendants in any &s;uch action or &s;uit, and all others which in their aide and a&s;&s;i&s;tance or by their commands &s;hall do any act or thing
<PB N="7" REF="6">
touching or concerning the premi&s;&s;es, or any of them, or his or their Officer, or Officers, it &s;hall and may be Lawfull for them, and every of them to plead the generall i&s;&s;ue, that he or they are not guil|ty, and to give &s;uch &s;peciall matter in evidence to the Jury which &s;hall try the &s;ame, which &s;peciall mat|ter being pleaded had bin a good and &s;ufficient mat|ter in Law to have di&s;charged the &s;aid defendant or Defendants of the Tre&s;pa&s;&s;e or other matter laid to his charge, and that if upon the triall of any &s;uch Action or Suit, the plaintiffe or plaintiffes &s;hall not prove to the Jury which &s;hall try the &s;ame, that the fact or cau&s;e of his or their Action or Suit, was, or were had, made, committed, or done within the County wherein &s;uch Action, or Suit &s;hall be laid, That then in every &s;uch ca&s;e the Jury which &s;hall try the &s;ame &s;hall finde the defendant or defendants in every &s;uch Action or Suit not guilty, without having any re&s;pect or regard to any evidence given by the Plaintiffe or Plaintiffes therein, touching the Tre&s;pa&s;&s;e, fact, or cau&s;e, for which the &s;ame Acti|on or Suit is or &s;hall be brought, and that if the verdict &s;hall pa&s;&s;e with the &s;aid defendant or defen|dants in &s;uch Action, or the Plaintiffe or Plaintiffes therein, become non-&s;uit, or &s;uffer any di&s;continuance thereof, that in every &s;uch ca&s;e the Ju&s;tice or Ju|&s;tices, or &s;uch other Judge, or Court before whom the &s;aid matter &s;hall be tryed or depending, &s;hall by force and vertue of this Ordinance allow unto the defendant or defendants his or their double co&s;ts which he or they &s;hall have &s;u&s;tained by rea&s;on of his or their wrongfull vexation in defence of the &s;aid Suit or Action, for which the &s;aid defendant or de|fendants,
<PB N="8" REF="7">
&s;hall have like remedy, as in other ca&s;es where co&s;t by the Law of this Realm are given to the defendants: &amp; for as much as the Churchwardens or Collectors afore&s;aid may peradventure be carele&s;&s;e or negligent in performing their duty, it is further Ordered and Ordained, that upon complaint made to the two next Ju&s;tices, or one of them, or other information had thereof, the afore&s;aid Ju&s;tices, or one of them, &s;hall or may in their owne per&s;ons view the &s;aid Churches or Chappells, or appoint the Mi|ni&s;ter, and &s;ome other of the pari&s;hioners to certifie unto them, or one of them, what reparations are or &s;hall be needfull, and thereupon they or one of them &s;hall by a Warrant under their hand and &s;eales to the Church-wardens order and direct what reparations &s;hall be done within the &s;aid churches or chappells, &amp; limit and appoint the time for the doing of the &s;ame; and if the Order afore&s;aid be not performed, they &s;hall binde over the &s;aid churchwardens or collectors, or any of them, for their negligence herein to the next Se&s;&s;ions of the peace, where if the court &s;hall allow of the Order the Offender or Offenders upon due proofe of his or their negligence or offence here|in &s;hall be &s;everally fined, &s;o as the fine exceeds not fourty &s;hillings upon any one of them, and the offender is to be committed untill the fine be paid, which is to be di&s;po&s;ed of to the u&s;e of the Poore of the &s;aid Pari&s;h or Chappelrie. Provided alwaies, and it is the intent and meaning of the &s;aid Ordinance, that the Pari&s;hioners, and the church-wardens of any Pari&s;h or chappelrie &s;hall not be charged with, or lyable unto the repayring of any chancell, or chan|cells, or of any particular I&s;le in churches or chap|pells,
<PB N="9" REF="7">
which have formerly by pre&s;cription, or cu|&s;tom bin u&s;ed to be repaired by the Par&s;ons or Vicars, Impropriators, or others, but that the &s;aid Par&s;ons, Vicars, Impropriators, and all other per&s;ons what|&s;oever both politique and corporate, their heires and &s;ucce&s;&s;ors, which have formerly beene lyable to the reparations of all or any part of any church, chappell, chancell, I&s;le, or other place belonging to the &s;ame by any cu&s;tome what&s;oever, &s;hall &s;till bee lyable to the &s;ame to all intents and purpo&s;es; and for their negligence herein &s;hall and may be Ordered by the two next Ju&s;tices, or &s;hall or may be pre&s;en|ted, or indicted by the churchwardens or any others, at the next Se&s;&s;ions of the Peace, where the offen|der for his offence herein &s;hall be fined and procee|ded again&s;t in &s;uch manner as the church-warden for his negligence is to be proceeded again&s;t by vertue of <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Ordinance. Provided al&s;o, where any pa|ri&s;h, or chappelrie hath any Lands or Tenements or yearely Rents, or Annuities formerly given to the repairing of their churches or chappells and for Church-Duties, the church-wardens or collectors afore&s;aid &s;hall be from henceforth Receivers of the &s;aid Rents and profits, and &s;hall have power by Warrant from the Ju&s;tices to cau&s;e the parties who ought to pay the &s;ame to be bound over to the next Se&s;&s;ions, where they &s;hall be, upon due proofe and hearing the &s;aid Parties, ordered to pay the &s;aid Rents and profits to the church-wardens, and colle|ctors afore&s;aid, who &s;hall di&s;po&s;e of the &s;ame accor|ding as it ought to be di&s;po&s;ed of, and thereby ea&s;e the Pari&s;h of &s;o much of the charge, and &s;hall yearly accompt for the &s;ame in their Accompts as church-wardens;
<PB N="10" REF="8">
Provided that this Ordinance, as to the repairing of churches &s;hall not extend to Pari&s;hes, or chappelries where the churches or chappels are to|tally &s;ubverted or ruined by the&s;e unhappy wars, ex|tremity of age, or other ca&s;ualties, nor to any cathe|dralls, or collegiate churches, which are onely to bee repaired as formerly they have beene u&s;ed and ac|cu&s;tomed. And la&s;tly it is Ordained, That all offen|ces again&s;t this Ordinance &s;hall and may be enquired of, heard, and determined before his Maje&s;ties Ju|&s;tices of A&s;&s;ize, of Oyer and Terminer, or Goale de|livery, or before the Ju&s;tices of the Peace of any county, city, or Towne corporate, where any &s;uch offence &s;hall be committed by proofe of Witne&s;&s;es upon Oath, which the Ju&s;tices afore&s;aid &s;hall here|by have power to admini&s;ter, and at their generall Se&s;&s;ions of the Peace by Indictment, Information, or otherwi&s;e, as the ca&s;e &s;hall require, <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> wager of Law, E&s;&s;oyne, Protection, or Injunction &s;hall be admitted or allowed. And it is further Or|dered by the Lords and Commons afore&s;aid, That all and every Sextin, or Pari&s;h-clerke within any of the Pari&s;hes afore&s;aid, &s;hall have their due Fees from the &s;everall Pari&s;hes, to be Ordered and recovered by Warrant from the Ju&s;tices in &s;uch manner as the Rates made for church-wardens are Ordered to be leavied by this Ordinance; and that they be elected and cho&s;en in &s;uch manner as formerly in every Pa|ri&s;h hath been accu&s;tomed.</P>
<CLOSER><SIGNED>Joh. Brown, Cler. Parliamentorum.</SIGNED></CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
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</EEBO>
</ETS>
