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A74552 An ordinance for the ejecting of scandalous, ignorant and insufficient ministers and school-masters. Tuesday August 29. 1654. Ordered by his Highness the Lord Protector, and his council, that this ordinance be forthwith printed and published. Henry Scobell, Clerk of the Council.; Orders in Council. 1654-08-29. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. aut 1654 (1654) Thomason E1064_32; ESTC R210341 18,265 47

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to such place and remove his habitation out of such Parish where the Church or Chappel from whence he was so ejected is scituate That then the said Commissioners or any five of them shall allow unto the wife and Children of such Minister so ejected or displaced for their maintenance a proportion not exceeding the fift part of the profits of such Benefice with Cure all Parish charges publique Taxes and other duties being first deducted out of the whole which the said Commissioners are hereby authorized to cause to be paid unto such Wife and Children accordingly and in default of conformity unto their order therin from time to time to sequester the profits of such Benefice for the payment thereof and all Charges in and about the same during the life of such Minister so ejected And the said Commissioners or any five or more of them are hereby also impowred and authorized to place some fit and able person in such School in the place and room of him so displaced or in the place and room of any other School-master formerly by any Authority of Parlament ejected sequestred or displaced and so may continue to do during the life of such sequestred or ejected School-master as often as the said School shall be void which person so to be placed shall and is hereby enabled to have hold and enjoy all Houses Lands or other Stipend belonging unto any such School as fully as the person so displaced ought to have done And be it further Ordained by the Authority aforesaid That all Ministers or School-masters nominated presented placed or settled by virtue of or according to the true meaning of this present Ordinance shall have the like Title to and Interest in all the profits dues and perquisits belonging and appertaining to the said Parsonage Vicaridge Ecclesiastical promotion or School and shall and may enjoy have and make use of the same remedy in Law or Equity for recovery thereof in case of substraction dispossession trespass or any other injury as any former Incumbent Lecturer or School-master presented elected inducted or settled in such Church place or School had or enjoyed or might have had enjoyed received or used And all Iudges and Iustices of Peace are to take notice of this present Ordinance and to allow the same to be pleaded and given in evidence and shall award and give Iudgements and executions for such Ministers Lecturers and School-masters placed and setled by virtue of this Ordinance as their case in Law requires And if any such Minister Lecturers or School-master nominated or recommended in the room of such ejected Minister Lecturer or School-master and approved as aforesaid cannot quietly obtain the possession of such Church Chappel or School or the dwelling Houses therunto belonging but shall find resistance therin or shall at any time be opposed or disturbed in the exeecise of their Ministry or calling in the said Churches Chappels or Schools by the said ejected Ministers or School-masters or by their means or procurement or by any other person whatsoever That in such Cases the said Commissioners respectively authorized by this present Ordinance or any five or more of them shall and may upon complaint to them made make such Orders under their hands and seals to the High Sheriff or any one or more Iustice or Iustices of Peace of the said County as they shall think meet who are hereby authorized and required to execute the same for settling the said Ministers Lecturer or School-masters so nominated appointed and approved as aforesaid in possession of the said Churches Chappels and Schools to which they were recommended and for removing of all force and preventing all disturbance and opposition and for the binding over the Ryotours breakers of the Peace and disturbers thereof to the next Assizes or quarter Sessions of the said County or for committing them to prison as the case shall require And all Sheriffs Iustices of the Peace Constables Church-Wardens and other Officers and Ministers of Iustice whatsoever are hereby required to be aiding and assisting to the said Commissioners within their several limits precincts and Iurisdictions in all things touching the premisses And it is further Ordained by the Authority aforesaid That the said several and respective Commissioners in this present Ordinance authorized shall and may take a view of all the Benefices with Cure publique Lectures and Schools within their severall and respectiue Counties and of the Ministers and School-masters therein placed and where they find any Ministers unapproved by the Commissioners authorized to approve of publique Preachers who ought to have been approved by them to certifie the●r names to the last mentioned Commissioners And where they find that any Minister or School-master that hath been formerly or shall be sequestred or ejected hath without authority intruded or shall intrude into the same Churches Schools or places from whence they were so sequestred and ejected That then the said Commissioners cause such ejected or sequestred Incumbent Minister or School-master to be forthwith removed as aforesaid and that in that and all other cases of vacancy either of any Benefice with Cure Lecture or School within the said County they do forthwith authorize some of the most honest and sufficient persons in such parish where the said vacant Church or School is scituated to receive and gather the profits perquisits and dues belonging unto such Church or School and that they mannage order and preserve the same for the best advantage and Benefit of such School-master and Minister as shall by virtue of this Ordinance or by any other lawful Authority be afterwards settled and placed in the said Church or School saving that all necessary Charges incident to the ejecting sequestring or removing of the former Minister and School-master and placing of another there according to the meaning of this Ordinance and the supplying of the said Churches and Schools during the vacancy with fit persons to teach and instruct both the people and Schollars and repair of the buildings belonging to the said Schools Parsonages Vicaridges or Curatships may be deducted out of the profits and the residue justly and duely accompted for by such persons so authorized unto which last mentioned purpose it shall and may be lawful for the said Commissioners to appoint and pay a Register or Clerk to be made use of in the premisses and other Officers and to allow such salaries and defray such incident charges as they shall find requisite the same salaries and charges being allowed and approved by the Trustees for maintenance of preaching Ministers and otherpious uses and shall issue out of the moneys which shall be so raised in vacancies as aforesaid and to call to accompt not onely all persons so by them authorized to gather and preserve the said Profits Dues and Perquisits but also all other persons that have received and taken any Profits Dues and Pecquisits belonging unto any Church or Chappel out of which any Minister hath heretofore been ejected or sequestred
during the vacancy thereof and in case of refusal to accompt or to deliver the surplusages after the allowances and deductions made which by this Ordinance are appointed then to cause such persons to be committed until they accompt and duly render and deliver such surplusage according to the true meaning of this Ordinance And further it is Ordained by the Authority aforesaid That all such Ministers and School-masters as have been or shall be placed by any Authority of Parlament or of this present Ordinance shall constantly and from time to time keep all the Houses and Buildings belonging unto the Parsonages Vicaradges Curatships Lectures and Schools wherein they have been or shall be placed as aforesaid and the Chancels and Church yard usually and of right by their Predecessors repaired in such good and sufficient repair as the same buildings were at the time of their being settled and placed therein And for default thereof upon Complaint made thereof by the Church-wardens or any other Inhabitant of such Parish where such neglect of reparations shall happen unto the Iustices of the Peace at their Generall Quarter Sessions or to any three of them out of the Sessions the said Iustices of the Peace are hereby impowred to send for such Minister or School-master before them and to examine all such defects of repair upon Oath and after proof made thereof and of the Charge that the making of such reparations must necessarily require to set down such Order for making the said reparations as the said Iustices shall adjudge to be reasonable and just And if such Order as shall be so declared and made after notice thereof given to such Minister or School-master be not by them observed and performed That then it shall and may be lawful for the said Iustices of Peace by warrant to be issued under their hands and seals to cause to be levied so much as by the said Iustices of Peace shall be Ordered and Adjudged as a requisite and necessary summe of money to defray the Charges of such reparations by distress and sale of the Goods and Chattles of such Minister or School-master who ought to have made the same reparations as aforesaid rendring the overplus back to the owner thereof And be it further Ordained by the Authority aforesaid That no person after the nine and twentieth day of September one thousand six hundred fifty and four shall keep any School or be a School-master within any County of England or Wales in such Town Parish or Place where such School is situate out of which he hath been or shall be sequestred or ejected upon pain that as well the School-master as also the party that shall retain or maintain any such School-master contrary to the true intent and meaning of this Ordinance and being thereof convicted before the Iustices of Peace at their General Quarter Sessions of the said County shall forfeit each of them for every day so wittingly offending ten shillings to the use of the poor of the Parish where such offence is committed And be it further Ordained by the Authority aforesaid That the several and respective Commissioners by this Ordinance authorized shall not defer the putting in execution the powers to them intrusted by this present Ordinance and their meeting for that purpose longer than twenty daies after the publication of this present Ordinance but shall with all diligence and care forthwith endeavour the discharge of their said Trust and from time to time appoint some one convenient place in their said respective Countys for their meeting as aforesaid as may be most convenient for resort of such persons as shall be called before them And be it further Ordained by the Authority aforesaid That the said several and respective Commissioners upon complaint made unto them by any Minister that hath been formerly placed by the late Committee for plundred Ministers or any other Authority of Parlament in any Church or Chappel in the room of any sequestred or ejected Incumbent now removed from thence or dispossessed thereof by reason of the death of such sequestred or ejected Incumbent or who hath been presented by any Patron since the first of April one thousand six hundred fifty and three and hath not or shall not obtain a Testimonial from the Commissioners for approbation of Publique Preachers as by the Ordinance appointing Commissioners for approbation of publick Preachers is directed that there is du unto such M●nister any Arrears of Tyths or other duties whatsoever belonging to the said Churches or Chappels which have incurred while such Minister did exercise his Ministry in such Church or Chappel That in all such Cases the said Commissioners or any five or more of them shall and may without requiring any such Testimonial to be produced by such Minister summon to come before them all and every such person and persons as do or shall refuse to pay such Arrears and proceed to hear and determine the said Complaints and give such remedy for obtaining such Arrears as any the Iustices of Peace may do for recovery of Tythes substracted or with-held from the Incumbent by virtue of an Ordinance of Parlament entituled An Ordinance for the true payment of Tythes and other such duties according to the Law and Customes of the Realm or as any such Iustices of Peace might have done by virtue of another Ordinance of the ninth of August one thousand six hundred fourty and seven and entituled An Additional Ordinance for the true payment of Tythes and other duties And be it further Ordained by the Authority aforesaid That the said last mentioned Ordinance of the n●nth of August one thousand six hundred forty and seven shall be and is hereby revived and shall be and stand in full power force and virtue Provided That this Ordinance or any thing therein contained shall not extend to enable any person or persons heretofore declared a Delinquent by authority of Parlament his or their Heirs or Assigns to present or nominate to any Benefice or Ecclesiastical promotion otherwise than he or they might have done before the passing of this Ordinance Tuesday August 29. 1654. ORdered by His Highness the Lord Protector and his Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council