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A37993 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 Mercuri, 9. Februarii. 1647. England and Wales. Parliament. 1647 (1647) Wing E2032; ESTC R176137 5,898 14

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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 Country 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 Realm And be it also ordained That if it shall happen that any Parish doe extend it selfe into more Countries then one or part thereof doe 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 Town or Place corporate shall deale and intermeddle onely in so much of the said Parish as lieth within their Liberties and not any further and every of them respectively within their severall Limits Wards and Jurisdictions to execute the Ordinance afore-mentioned concerning the confirming of Rates the giving of Warrant for the leavying of Taxes unpayd the committing to prison such as refuse or neglect to pay their rateable part of the said Assessments having no sufficient Distresse the taking Accounts of Church-wardens and the committing to prison such as refuse to account or deny to pay Arrearages due upon their Accounts and yet neverthelesse Church-wardens or the greatest number of them of the said Parishes extending into such severall Limits and Jurisdictions shall without dividing themselves duly execute their Office in all places within their said Parish in all things to them belonging and shall duely exhibit and make one account 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 trespasse or other suit shal 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 ayd and assistance or by their commands shall doe 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 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 been 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 Suit the plantiff or plantiffs 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 ●he same shall finde the Defendant or Defendants ●n every such Action or Suit not guilty without having any respect or regard to any evidence given by the Plantiffe or Plantiffes 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 Plantiffe or Plantiffes therein 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 tried 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 shal have like remedy as in other cases where costs by Law of this Realm are given to the Defendants and for as much as the Church-wardens 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 Chappels 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 seals to the Church-wardens order and direct what reparations shal be done within the said Churches or Chap●els and limit and appoint the time for the doing of ●he same and if the order aforesaid be not performed they shall bind over the said Church-wardens or Collectors or any of them for their negligence therein to the next Sessions of the Peace where if the court shal allow of the order the Offender or Offenders upon due proof of his or their negligence or offence herein shall be severely fined so as the fine exceed not forty shillings upon any one of them and the offender 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 Chappelry Provided alwaies and it is the intent and meaning of the said Ordinance that the Parishioners and the Church-wardens or any Parish or Chappelry shall not be charged with or lyable unto the repairing any Chancell or Chancels or of any particular Isle in Churches or Chappels 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 politique and corporate their heirs and successors which have formerly been lyable to the Reparations of all or any part of any Church Chappel Chancel 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 shal 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 Church-warden for his negligence is to be proceeded against ●y vertue of this Ordinance Provided also where any Parish or Chappelry hath any Lands or Tenements or yeerly Rents or Annuities formerly given to the repairing of their Churches or Chappels 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 proofe and hearing the said Parties ordered to pay the said Rents and forfeits 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 yeerely account for the same in their accounts 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 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 Majesties 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 offences shal be committed by proof 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 wage● of Law Essoyn 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-clerk within 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 29 April 1652. Resolved upon the Question by the Parliament That it be referred to the Committee appointed to receive proposals for the better propagation of the Gospel to take into speedy consideration how a competent and convenient maintenance for a godly and able Ministery may be setled in lieu of Tythes and present their opinion therein to the House and that Tythes shall be paid as formerly untill such maintenance be setled FINIS