FOr the upholding and keeping all Parish Churches and Chappels within this King­dom 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 four, 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 yeerly on the Mun­day or Tuesday in Easter-week, by the Parishioners of every Parish or Chappelry, (which are or shall be rateable to the repair of any such Church or Chappel) or the greatest part of such of them as shall be then assembled for the choice of Officers within the Parish or Chappelry, to be Church-war­den, or Churchwardens, or Collectors of moneys for Church-Duties, within every such Parish or Chappelry respectively, where any such Church-warden or Churchwardens 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 Churchwardens or Collectors so to be chosen, are within one moneth after their choice to be allowed and approved of, under the hands and seals 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 Chappel, shall from time to time make rate or assessement by taxation of every Inhabitant dwelling or reciding 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 Chap­pel respectively, and providing of Books for the said Church or Chappel, 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 therunto respective­ly belonging, and for doing and performing every such thing & 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 appertain to be done; which said church-warden or church-wardens shall within foure daies after the end of their yeere, and after other church-warden or church-wardens nominated, make and yield to the succeeding church-wardens, and to such Justices of the Peace as aforesaid, a true and perfect account of all summs 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 church-warden or church-wardens newly nominated & appointed as aforesaid, upon pain that every one of them being negligent or faulty therein, or in the execution of the 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 Assessments, 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 yeere of our Lord God 1641. for or towards the repaire of any church or chappel 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 & according to this Ordinance: And that it shall and may be lawfull, as well for the present [Page 4] as subsequent Church-wardens 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 Towns corporate, to leavy as well all and every the said summes of money, and all Arrearages of every one which shal refuse or neg­lect to pay or contribute their rateable parts of such Assessments 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 Account, for, or concerning the repaire of any such Church or Chappel, 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 Town corporate respectively, where such Justices of the Peace are, and such offences shall be committed, there to remain without Bayle or Mainprize, untill payment of the said severall summes and Arrearages; and to commit to the said Prison every one of the said Church-wardens which shall refuse to account, there to remain without Bayle or Mainprize, untill he hath made a true Ac­count, and satisfied and payd so much as upon the said Account 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] Assessment, 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 complain 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 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 [Page 6] 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 [Page 7] 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, [Page 8] 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 [Page 9] 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 [Page 10] 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.

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.