AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT, FOR, The repairing of CHURCHES, and paying of all Church-Duties Whatsoever within the Kingdom 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 Chapels within the Kingdom of England and Dominion of Wales.  
Joh. Brown, Cler. Parliamentorum.   
Imprinted at London for John Wright at the King's Head in the old Bayley. 1647.   

Die Mercurii, 9 Februarii. 1647.  
An Ordinance for repairing Churches, and for payment of Church Duties.  
FOr the upholding and keeping all Parish Churches and Chapels within this Kingdom of England and Dominion of Wales from utter ruin 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 substantial Inhabitant or Inhabitants of every Parish or Chappelry aforesaid, (having respect to the proportions or greatness of every such Parish or Chappelry) shall be nominated and chosen yearly on the Monday 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 Chapel) 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 Churchwarden, or Churchwardens, or Collectors of monies for Church Duties, within every such Parish or Chappelry respectively, where any such Churchwarden or Churchwardens, have or hath been formerly used to be nominated or chosen; or in default hereof, every such parish or chappelry shall forfeit the sum of forty shillings, to the use of the poor of the said parish, to be recovered as is hereafter expressed; which churchwardens or collectors so to be chosen, are within one month after their choice to be allowed and approved of under the hands and seals of two of the next Justices adjoining to the parish or chappelry aforesaid.  
And it is further Ordained, That the churchwardens, or collectors aforesaid, together with the Overseers of the poor of the same parish or chappelry, or the greater part of them, upon public notice thereof first to be given by the churchwardens in the said church or chapel, shall from time to time make rates or assessments, by taxation of every Inhabitant dwelling or residing within such parish or chappelry, and of every Occupier of lands, houses, tithes impropriate, or impropriation of tithes, colemnies, or saleable underwoods', or other hereditaments, within the said parish or chappelry, in such competent sum and sums of money as they shall think fit, for and towards the reparation and maintenance of every such parish church or chapel respectively, and providing of Books for the said church or chapel, and of Bread and Wine to be used at the administration of the Sacrament there, and for repairing the walls and enclosures 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 churchwardens of any such place wherein they shall be respectively chosen, shall appertain to be done; which said churchwarden or churchwardens shall within four days after the end of their year, and after other churchwarden or churchwardens nominated, make and yield to the succeeding churchwardens, and to such Justices of the Peace as aforesaid, a true and perfect account 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 pain 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 poor of such parish or chappelry, as aforesaid, whereof he shall be churchwarden. And it is Ordained by the Authority aforesaid, That all Rates, Taxations, and Assessments, heretofore made by the churchwarden or churchwardens of any parish or chappelry aforesaid, by themselves or with others, according to the custom of such parish or chappelry, since the first day of March in the year of our Lord God 1641. for or towards the repair of any church or chapel 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 effectual 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 lawful, as well for the present as subsequent Churchwarden, 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 sums of Money, and all Arrearages of every one which shall refuse, or neglect to pay or contribute their rateable parts of such Assessments as aforesaid, and the forfeitures before mentioned by Distress, and sale of the Offenders goods, as also all and every the sum and sums of Money which shall be behind upon any Churchwardens Account, for, or concerning the repair of any such Church of Chapel, or other the things aforesaid; and likewise the sum of two shillings for and towards the charge and expense in levying of the same, rendering to the party or parties the overplus; and in default of such Distress it shall be lawful for any two such Justices of the Peace to commit him, or her, or them so refusing, or neglecting as aforesaid, to the common Goal of the County, City, or Town corporate, respectively where such Justices of the Peace are, and such offence shall be committed, there to remain without Bail or Mainprize until payment of the said several sums and Arrearages; and to commit to the said Prison, every one of the said Churchwardens which shall refuse to account, there to remain without Bail or Mainprize until he hath made a true Account, and satisfied and paid so much as upon the said Account shall be remaining in his hands. Provided always, That if any person or persons shall find him, or her, or themselves aggrieved with any Assessment, or Tax, or other act done by the said Churchwarden, or Churchwardens or by the said Justices of the Peace, or any of them, that then it shall and may be lawful for the party grieved to complain thereof at the next general 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 bind all the said parties.  
And be it further Ordained, That the Mayors, Bailiffs, or other head Officers of every City, Town, or place corporate within this Realm, or the Dominion of Wales, being Justice, or Justices of the Peace, shall have the same authority by virtue of this Ordinance within the several 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 do, 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 do 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 do extend itself into more counties than one, or part thereof to lie 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 deal and intermeddle only in so much of the said Parish as lieth within their Liberties, and not any further; and every of them respectively within their several Limits, Wards, and Jurisdictions, to execute the Ordinance aforementioned concerning the confirming of Rates, the giving of Warrant for the levying of Taxes unpaid, the committing to prison such as refuse or neglect to pay their rateable part of the said Assessments having no sufficient Distress, the taking Accounts of Churchwardens, and the committing to Prison such as refuse to account, or deny to pay the Arrearages due upon their Accounts; and yet nevertheless the Churchwardens, or the greatest number of them of the said Parishes extending into such several 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 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 trespass, or other suit shall happen to be attempted, or brought against any person, or persons, for taking any distress, 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 aid and assistance or by their commands shall do 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 lawful for them, and every of them to plead the general issue, that he or they are not guilty, and to give such special matter in evidence to the Jury which shall try the same, which special matter being pleaded had been a good and sufficient matter in Law to have discharged the said defendant or Defendants of the Trespass or other matter laid to his charge, and that if upon the trial of any such Action or Suit, the plaintiff or plaintiffs 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 find the defendant or defendants in every such Action or Suit not guilty, without having any respect or regard to any evidence given by the Plaintiff or Plaintiffs therein, touching the Trespass, fact, or cause, for which the same Action or Suit is or shall be brought, and that if the verdict shall pass with the said defendant or defendants in such Action, or the Plaintiff or Plaintiffs therein become nonsuit, 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 virtue 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 wrongful 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 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 Chappells, or appoint the Minister, and some other of the parishioners to certify unto them, or one of them, what reparations are or shall be needful, and thereupon they or one of them shall by a Warrant under their hand and seals to the Churchwardens order and direct what reparations shallbe done within the said churches or chapels, & limit and appoint the time for the doing of the same; and if the Order aforesaid be not performed, they shall bind 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 Offender or Offenders upon due proof of his or their negligence or offence herein shall be severally fined, so as the fine exceeds not forty shillings upon any one of them, and the offendor is to be committed until the fine be paid, which is to be disposed of to the use of the Poor of the said Parish or chapelry. Provided always, and it is the intent and meading of the said Ordinance, that the Parishioners, and the churchwardens of any Parish or chapelry shall not be charged with, or liable unto the repairing of any chancel, or chancels, or of any particular Isle in churches or chapels, 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 politic, and corporate, their heirs and successors, which have formerly been liable to the reparations of all or any part of any church, chapel, chancel, Isle, or other place belonging to the same by any custom whatsoever, shall still be liable 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 virtue of this Ordinance. Provided also, where any parish, or chapelry hath any Lands or Tenements or yearly Rents, or Annuities formerly given to the repairing of their churches or chapels and 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 proof and hearing the said Parties, ordered to pay the said Rents and profits to the churchwardens, 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 account for the same in their Accounts as churchwardens; Provided that this Ordinance, as to the repairing of churches shall not extend to Parishes, or chappelries where the churches or chapels 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 inquired of, heard, and determined before his Majesty's Justices of Assize, of Oyer and Terminer, or Goal delivery, or before the Justices of the Peace of any county, city, or Town corporate, where any such offence shall be committed by proof of Witnesses upon Oath, which the Justice's aforesaid shall hereby have power to administer, and at their general 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 clerk within any of the Parishes aforesaid, shall have their due Fees from the several Parishes, to be Ordered and recovered by Warrant from the Justices in such manner as the Rates made for churchwardens are Ordered to be levied 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.