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A83254 An ordinance of the Lords and Commons assembled in Parliament, for, the repairing of churches, and paying of all church-duties whatsoever within the Kingdome of England, and Dominion of Wales. Die Mercurii, 9 Februarii. 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 chappels within the Kingdome of England and Dominion of Wales. Joh. Brown, Cler. Parliamentorum. England and Wales. Parliament. 1648 (1648) Wing E2032A; Thomason E426_9; ESTC R204568 5,779 12

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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 binde all the said parties 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 Dominion of Wales being Justice or Justices of the Peace shall have the same authority by vertue of this Ordinance within the severall 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 doe 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 doe 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 Realme And be it also Ordained That if it shall happen that any Parish doe extend it selfe 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 Justices of the Peace of every county as also the head Officer or Officers or Justices of the Peace of such City Towne or place corporate shall deale and intermeddle onely in so much of the said Parish as lyeth within their Liberties and not any further and every of them respectively within their severall Limits Wards and Jurisdictions to execute the Ordinance aforementioned concerning the confirming of Rates the giving of Warrant for the leavying of Taxes unpaid the committing to prison such as refuse or neglect to pay their rateable part of the said Assessements having no sufficient Distresse the taking Accompts of Church-wardens and the committing to Prison such as refuse to accompt or deny to pay the Arrerages due upon their Accompts and yet neverthelesse the Church-wardens or the greatest number of them of the said Parishes extending into such severall Limits Jurisdictions shall without dividing themselves duly execute their office in all places within their 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 Towne 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 trespasse or other suit shall happen to be attempted or brought against any person or persons for taking any distresse 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 aide and assistance or by their commands shall do any act or thing touching or concerning the premisses or any of them or his or their Officer or Officers it shall and may be lawfull for them and every of them to plead the generall issue that he or they are not guilty and to give such speciall matter in evidence to the Jury which shall try the same which speciall matter being pleaded had bin a good and sufficient matter in Law to have discharged the said defendant or Defendants of the Trespasse or other matter laid to his charge and that if upon the triall of any such Action or Suite the plaintiffe or plaintiffes 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 finde the defendant or defendants in every such Action or Suit not guilty without having any respect or regard to any evidence given by the Plaintiffe or Plaintiffes therein touching the Trespasse fact or cause for which the same Action or Suit is or shall be brought and that if the verdict shall passe with the said defendant or defendants in such Action or the Plaintiffe or Plaintiffes therin become non-suit 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 tryed or depending shall by force and vertue 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 wrongfull 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 cost by the Law of this Realm are given to the defendants for as much as the Churchwardens or Collectors aforesaid may peradventure be carelesse 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 Chappell 's or appoint the Minister and some other of the parishioners to certifie unto them or one of them what reparations are or shall be needfull and thereupon they or one of them shall by a Warrant under their hand and seales to the Church-wardens order and direct what reparations shal be done within the said churches or chappells limit and appoint the time for the doing of the same and if the Order aforesaid be not performed they shall binde 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 Offendor or Offendors upon due proof of his or their negligence or offence herein shall be severally fined so as the fine exceeds not fourty shillings upon any one of them and the offendor is to be committed untill the fine be paid which is to be disposed of to the use of the Poore of the said Parish or Chappelrie Provided alwaies and it is the intent and meading of the said Ordinance that the Parishioners and the churchwardens of any Parish or chappelrie shall not be charged with or lyable unto the repayring of any chancell or chancells or of any particular Isle in churches or chappells which have formerly by prescription or custom bin 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 politique and corporate their heires and successors which have formerly been lyable to the reparations of all or any part of any church chappell chancell Isle or other place belonging to the same by any custome whatsoever shall still be lyable 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 churchwardens 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 vertue of this Ordinance Provided also where any parish or chappelrie hath any Lands or Tenements or yearely Rents or Annuities formerly given to the reparing of their churches or chappells and for Church-Duties the church-wardens 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 proofe and hearing the said Parties ordered to pay the said Rents and profits to the church-wardens 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 accompt for the same in their Accompts as church-wardens Provided that this Ordinance as to the repairing of churches shall not extend to Parishes or chappelries where the churches or chappels are totally subverted or ruined by these unhappy wars extremity of age or other casualties nor to any cathedralls or collegiate churches which are onely 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 inquired of heard and determined before his Majesties Justices of Assize of Oyer and Terminer or Goale delivery or before the Justices of the Peace of any county city or Towne corporate where any such offence shall be committed by proofe of Witnesses upon Oath which the Justices aforesaid shall hereby have power to administer and at their generall Sessions of the Peace by Indictment Information or otherwise as the case shall require wherein no wager of Law Essoyne Protection or Injunction shall be admitted or allowed And it is further Ordered by the Lords and Commons aforesaid That all and every Sextin or Parish clerke within any of the Parishes aforesaid shall have their due Fees from the severall Parishes to be Ordered and recovered by Warrant from the Justices in such manner as the Rates made for church-wardens are Ordered to be leavied by this Ordinance and that they be elected and chosen in such manner as formerly in every Parish hath been accustomed Joh. Brown Cler. Parliamentorum FINIS