FOr the upholding and keeping all Parish Churches and Chappels within this Kingdome of Eng­land and Dominion of Wales from utter ruine and decay, and for payment of Church Duties, It is Ordered and Ordained by the Lords and Commons Assem­bled in Parliament, That foure, three, two, or one substantiall Inhabitant or Inhabitants of every Parish or Chappelry aforesaid, (having respect to the pro­portions or greatnesse of every such Parish or Chap­pelry) shall be nominated and chosen yearely on the Monday or Tuesday in Easter weeke, by the Pa­rishioners of every Parish or Chappelry, (which are or shall be rateable to the repaire of any such Church or Chappell) or the greatest part of such of them as shall be then assembled for the choyce of Officers within the Parish or Chappelry) to be Church-war­den, or Church-wardens, or Collectors of moneyes for Church Duties, within every such Parish or Chappelry respectively, where any such Church-warden or Church-wardens, have or hath been for­merly used to be nominated or chosen; or in default hereof, every such parish or chappelry shall forfeit [Page 2] the summe of forty shillings, to the use of the poore of the said parish, to be recovered as is hereafter ex­pressed; which church-wardens or collectors so to be chosen, are within one moneth after their choyce to be allowed and approved of under the hands and seales of two of the next Justices adjoyning to the parish or chappelry aforesaid.

And it is further Ordained, That the church-wardens, or collectors aforesaid, together with the Overseers of the poore of the same parish or chap­pelry, or the greater part of them, upon publike no­tice thereof first to be given by the church-wardens in the said church or chappell, shall from time to time make rates or assessements, by taxation of eve­ry Inhabitant dwelling or residing within such parish or chappelry, and of every Occupier of lands, hou­ses, tythes impropriate, or impropriation of tythes, colemnies, or saleable underwoods, or other heredi­taments, within the said parish or chappelry, in such competent summe and summes of money as they shall think fit, for and towards the reparation and maintenance of every such parish church or chap­pell respectively, and providing of Books for the said church or chappell, 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 chap­pelry; As also for the doing and executing of all and every matter, which to the office, place, or duty of the church-wardens of any such place wherein they [Page 3] shall be respectively chosen, shall appertaine to be done; which said church-warden or church-wardens shall within foure dayes after the end of their yeare, and after other church-warden or church-wardens nominated, make and yeeld to the succeeding church-wardens, 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 paine 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 poore of such parish or chappelry, as aforesaid, whereof he shall be church-warden. And it is Ordained by the Authority afore­said, That all Rates, Taxations, and Assessements, heretofore made by the church-warden or church-wardens of any parish or chappelry aforesaid, by themselves or with others, according to the custome of such parish or chappelry, since the first day of March in the yeare of our Lord God 1641. for or towards the repaire of any church or chappell 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 effectuall 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 lawfull, as well for the present [Page 4] as subsequent Church-warden, 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 Townes corporate, to leavie as well all and every the said summes of Money, and all Arrerages of every one which shall refuse, or neg­lect to pay or contribute their rateable parts of such Assessements as aforesaid, and the forfeitures before mentioned by Distresse, and sale of the Offenders goods, as also all and every the summe and summes of Money which shall be behinde upon any Church-wardens Accompt, for, or concerning the repaire of any such Church of Chappell, or other the things aforesaid; and likewise the summe of two shillings for and towards the charge and expence in leavying of the same, rendring to the party or parties the o­verplus; and in default of such Distresse it shall be lawfull for any two such Justices of the Peace to commit him, or her, or them so refusing, or negle­cting as aforesaid, to the common Goale of the County, City, or Towne corporate, respectively where such Justices of the Peace are, and such of­fence shall be committed, there to remaine without Bayle or Mainprize untill payment of the said seve­rall summes and Arrerages; and to commit to the said Prison, every one of the said Church-wardens which shall refuse to accompt, there to remaine without Bayle or Maineprize untill he hath made a true Accompt, and satisfied and paid so much as up­on the said Accompt shall be remaining in his hands. Provided alwaies, That if any person or persons shall finde him, or her, or themselves agrieved with any [Page 5] Assessement, or Tax, or other act done by the said Church-warden, or Church-wardens or by the said Justices of the Peace, or any of them, that then it shall and may be lawfull for the party grieved to complaine thereof at the next generall 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 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 [Page 6] 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 [Page 7] 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, [Page 8] 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 Chappells, 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 shalbe 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, [Page 9] 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; [Page 10] 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.