February 1650: An Act for the better Propagation and Preaching of the Gospel in Wales, and redress of some Grievances.

February, 1649/50

[22 February, 1649/50.]

Commissioners for better propagation of Gospel in Wales.; Powers.; Examination and ejection of scandalous. malignant and nonresident school-masters and ministers.; Twelve or more Commissioners may reverse judgment on just cause.; One-fifth part of benefice or charge to wives and children.; Pluralists to make election.; Names of ministers appointed to recommend preachers and school-masters.; Maintenance of said preachers and school-masters.; Yearly maintenance of minister not to exceed £100, of schoolmaster £40.; Pensions to wives and children of deceased ministers.; Not to exceed £30.; Refusal to pay tithes.; Salary for collectors of tithes.; Power to Commissioners to receive complaints of misdemeanours in these counties

The Parliament of England taking into their serious consideration the great Duty and Trust that lies on them to use all lawful ways and means for the propagation of the Gospel of Jesus Christ in this Commonwealth, in order thereunto, Do Enact and Ordain, and be it Enacted and Ordained by this present Parliament, and by the authority thereof, That Col. Thomas Harrison, Col. Philip Jones, Col. John Jones, Sir John Trevor Knight, Henry Herbert Esq; William Herbert, William Packer, William Blethin, Christopher Catchmay, Reece Williams, John Nicholas, Edward Herbert, Robert Jones, Bussey Mansel, Edward Prichard, John Price, Rowland Dawkins, William Boteler, Edward Stradling, John Herbert, Richard Jones, Jenkyn Franlyn, John James, Wroth Rogers, John Herring, Stephen Winthrop Esqs; Sir Erasmus Philips, Sampson Lort, Henry Williams, Silvanus Taylor, Richard King, John Williams, John Dancy, Thomas Watkins, James Philips, John Lewis, William Barbar, Esqs; John Daniel, John Bowen Gent. John Puleston one of the Judges of the Court of Common Pleas, Humphrey Mackworth, William Littleton, Robert Duckenfield, Thomas Baker, Hugh Price, Evan Lloyd, Richard Price, Robert Griffith, Edward Owens, George Twisleton, John Carter, Thomas Mason, Lighton Owens, Rice Vaughan, Thomas Ball, Hugh Courtney, Edward Taylor, Roger Soutley Esqs; Daniel Llovd. David Morris, William Wynne, Gentlemen; Thomas Swift Esq; Hugh Prichard Gent; John Sadler, John Peek, Luke Lloyd, Andrew Ellis, Ralph Crechley Esqs; Lewis Price of Llanoonog, Henry Williams, John Brown, Gent. are hereby constituted and appointed to be Commissioners in the Counties of Montgomery, Denbigh, Flint, Carnarvon, Merioneth, Anglesey, Monmouth, Glamorgan, Pembrooke, Carmarthen, Cardigan, Brecknock and Radnor, and every of them, to put in execution the several powers and authorities herein after mentioned and directed (that is to say) That they the said Commissioners or any five or more of them shall have full power and authority and are hereby enabled and authorized to receive all articles or Charges which shall be exhibited against any Parson, Vicar, Curate, Schoolmaster or any other now having, or that shall have any Ecclesiastical benefit or promotion within the said counties or any of them, for any Delinquency, Scandal, Malignancy, or non Residency; and upon such Articles so exhibited, to grant out Warrants in writing under the hands and seals of the said Commissioners, or any five or more of them, to be directed to the party against whom such Articles shall be exh bited, requiring his appearance before such Commissioners, at a certain day and place in the said Warrant mentioned, to answer the said Charge or Articles respectively; and after notice of the said Warrant personally made or given to the said party Articled against, or left at his dwelling house or ordinary place of abode, and that notice proved by Oath to be made by the space of ten days before the day of appearance in the said Warrant mentioned (no just Cause being made and proved to excuse the not appearing) and likewise after answer made by such as shall appear according to summons, Then the said Commissioners or any five or more of them, are hereby enabled and authorized to proceed to examination of Witnesses upon Oath; the said Examinations and Depositions of such witnesses to be put in writing, as well on behalf of the Commonwealth to prove such Charges and Articles, as on behalf of the parties articled against to make good their answers, which Oathes the said Commissioners, or any two or more of them, have hereby power to administer: And after due examination and proof made by confession of the party complained of, or by the Oath of two credible Witnesses, actually to amove, dischage and eject all such Ministers and other persons from their respective Cures, Benefices, Places and Charges, as they the said Commissioners, or any five or more of them, upon such hearing shall adjudge to be guilty of any the Crimes aforesaid, in the said Articles contained and comprised; and after such judgment given, in case any person shall finde himself agrieved with such Judgement so given, Then it shal and may be lawful to and for any twelve or more of the said Commissioners, upon Petition preferred to them by the party grieved, to review, examine and reverse the same, if they or the greater part of them see just cause to do so: And if notwithstanding the said ejected person shall not finde relief within six weeks after his Petition so preferred, Then the said Commissioners, or any five or more of them shall at the request of the parties agrieved respectively, certifie the respective proceedings and Proofs in such cases respectively, to the Committee of Parliament for Plundred Ministers; who are hereby authorized upon the return of such certificates, and view of such Proceedings and Proofs, without further examination of Witnesses in such cases, to examine the grounds of the said respective Judgements appealed from, and to affirm or revoke the same, as they shall finde it most agreeable to Justice, and the tenor of this Act. And be it further Enacted and Declared, That the said Commissioners, or any five or more of them, have hereby power and authority to allow the Wife and Children of such Minister or Ministers so ejected and amoved, for their maintenance, a proportion not exceeding a fifth part of the Living, Parsonage, Benefice, Vicarage, Charge or other place, out of which the said Ministers shall be respectively removed (all Parish Charges, Publique Taxes and other Duties being first deducted out of the whole.) And be it further Enacted by the Authority aforesaid, That if any Parson or Vicar holdeth or enjoyeth, or which shall hold and enjoy plurality of Benefices or Ecclesiastical Promotions (one or more of which being within the Counties aforesaid) and upon a Warrant directed to him under the hands of the said Commissioners or any five of them, requiring him at a certain day and place in the said Warrant mentioned, to make choice and elect which of the said Benefices and Ecclesiastical Promotions he desires to hold; and upon notice of the said Warrant, shall not within forty days after the said notice, make his Election, testified under his Hand before five or more of the said Commissioners, which of the said Benefices or Promotions he desires to hold, then, from and after such default (no just cause being proved to excuse the same) all his right, title, or interest in and to all such Benefices and Promotions to cease, determine and be utterly void. And to the end that godly and painful men, of able gifts and knowledge for the work of the Ministery, and of approved conversation for Piety, may be imployed to preach the Gospel in the counties aforesaid (which heretofore abounded in Ignorance and Prophaneness) And that fit persons of approved Piety and Learning, may have encouragement to employ themselves in the education of Children, in Piety and good literature, Be it Enacted by the Authority aforesaid, That the said Commissioners, or any five or more of them, be and are authorized and enabled to grant Certificates by way of approbation to such persons as shall be recommended and approved of by:—Henry Walter, Walter Cradock, Richard Simonds, Roger Charnock, Jenkin Lloid, Morris Bidwel, David Walter, William Seaborn, Edmond Ellis, Jenkin Jones, George Robinson, Richard Powel, Robert Powel, Thomas Ewen, John Miles, Oliver Thomas, Doctor John Ellis, Ambrose Moston, Stephen Lewis, Morgan Lloid, William Jones, Richard Edwards, Vavasor Powel, Richard Swain, Rowland Nevet, Ministers of the Gospel, or any five or more of them, for the Preaching of the Gospel in the said Counties, as well in setled Congregations and Parochial Charges, as in an Itinerary course, as the said Commissioners (by the advice of such the said Ministers as shall recommend and approve of the said persons respectively) shall adjudge to be most for the advancement of the Gospel, or for the keeping of Schools, and education of Children: And to the end that a fitting maintenance may be provided for such persons as shall be so recommended and approved of, as also for such others approvedly godly and painful Ministers now residing within the said Counties, for whose support and maintenance there is little or no settlement made or provided; Be it therefore Enacted and Ordained by the Authority aforesaid, That in order to the said maintenance, and in the regulating, ordering and disposal thereof, they the said Commissioners, or any twelve or more of them, are hereby authorized and enabled by themselves, or others deriving authority from them, to receive and dispose of all and singular the Rents, Issues, and Profits of all and every the Rectories, Vicarages, Donatives, Sine Cura's, Portion of Tenths, and other Ecclesiastical Livings, which now are, or hereafter shall be in the disposing of the Parliament, or any other & deriving Authority from them; as also to receive and dispose of the Rents, Issues and Profits of all Impropriations and Gleablands within the said Counties, which now are, or hereafter shall be under Sequestration, or in the disposal of the Parliament, by vertue of any former Statute, or any Act or Ordinance of this present Parliament. And be it further Enacted by the Authority aforesaid, That the said Commissioners, or any twelve or more of them, shall and may out of the said Rens, Issues and Profits of the said Rectories, Vicarages, Donatives, Sine Cura's, Portion of Tenths, and other Ecclesiastical Promotions; as also out of the Rents, Issues and Profits of the said Impropriations and Gleab-lands, order and appoint a constant yearly maintenance for such persons as shall be recommended and approved of as aforesaid, for the work of the Ministery, or the education of children; as also for such other Ministers as aforesaid, now residing within the said Counties; provided that the yearly maintenance of a Minister do not exceed One hundred pounds, and the yearly maintenance of a School-master exceed not Forty pounds; and that godly Ministers (who have or shall have Wife or Children) may not too much be taken off from their duties in the Ministery, with the care and consideration of maintenance for their Wives and Children after their decease, but that some care thereof may be had by others, whereby a greater encouragement may be given to them to set themselves the closer to the work of the said Ministery; Be it Enacted by the Authority aforesaid, That the said Commissioners or any twelve or more of them, are hereby enabled and authorized to make such yearly allowance to the wife and children of such godly Minister after his decease, as to the said Commissioners or any twelve of them shall seem reasonable, for the necessary support and maintenance of the said Wife or Children, or any of them: Provided always, That such allowance so to be made to such Wife and Children, do not exceed the yearly sum of thirty pounds: And if any person or persons being Tenant or Occupier of any Lands, Tenements or Hereditaments, lyable and subject to the payment of any Tenths or other Duties, in right payable or belonging to any Parsonage, Vicarage, or any the above said Ecclesiastical Promotions, shall refuse payment thereof, Then the said Commissioners or any two or more of them, are hereby authorized and enabled to put in execution against every person and persons so refusing, the powers and authorities vested and settled by this present Parliament in the Justices of the Peace, for the relief of Ministers from whom such Tenths and Duties are detained and substracted. And be it further Enacted by the Authority aforesaid, That the said Commissioners or any twelve or more of them, out of the said Tenths, Rents and Profits by them receivable by force of this Act, shall and may allow such moderate Salary or Wages to such person or persons who shall be imployed in the receiving, keeping and disposal thereof, or any part thereof, as they shall conceive to be necessary and reasonable. And be it further Enacted by the Authority aforesaid, That all and every person and persons qualified and approved of as above said, for the preaching of the Gospel as aforesaid, who shall be vested and settled by the said Commissioners or any twelve or more of them, in any Rectory, Vicarage or Parochial Charge, which the said Commissioners or any twelve or more of them have hereby power to do, shall be deemed and adjudged to be seized of the same, as fully and amply, to all intents and purposes, as if such person and persons were presented, instituted and inducted to and in the same, according to former Laws in such cases used and provided. And whereas the remoteness of the said Counties from the Courts of Justice at Westminster, occasioneth many acts of high Misdemeanors, Oppression and Injury to be committed there, which often-times escape unpunished, and the parties agrieved thereby, for want of means to seek relief by due course of Law, left remediless, To the end therefore that such Misdemeanors, Oppressions and Injuries may the better be enquired after, and the parties grieved thereby, without much expence of moneys or loss of time, may be in some way of relief, Be it Enacted by the Authority aforesaid, That the said Commissioners or any five or more of them, shall have, and hereby have full power and authority to receive all Complaints which shall be brought before them, of any such Misdemeanours, Oppression or Injury, committed by any Person or persons within the said Counties or any of them; and by Warrant directed to the party complained of, under the Hands and Seals of the said Commissioners or any five or more of them, to appear before them at a certain day and place in the said Warrant mentioned, requiring an Answer to the said Complaints; and after answer made, then with the consent of both parties, testifie [d] under their Hands and Seals to proceed to hear and determine the same.

Above Commissioners made Committee of Indemnity for said counties.

And whereas sufferings of that nature generally fall upon persons well-affected to the Parliament, and such as have acted in and for their service; which said persons are not of ability to travel to London, to be relieved by the Committee of Parliament, commonly called the 'Committee of Indempnity,' Be it therefore Enacted and Ordained by the Authority aforesaid, That the said Commissioners or any five or more of them, shall be, and are hereby made and constituted a Committee of Indempnity, to all intents and purposes, within the Counties aforesaid, for the hearing and determining of all matters and things properly relievable and determinable by the said Committee of Indempnity.

Persons aggrieved may appeal to Committee of Indemnity at Westminster.; Continuance of Act

Provided always, That if any person or persons shall finde him or themselves agrieved at the proceedings of the said Commissioners acting as a Committee of Indempnity, then the said person or persons so agrieved, shall and may prosecute his and their Petition or Appeal for relief in such maner and form as in and by this Act is prescribed in the cases of ejected Ministers, and bring the same to a final determination, before the said Committee of Indempnity sitting at Westminster; which said Committee are hereby authorized to hear and determine the same, as they shall see just cause. And be it further Enacted, That all Power and Authority formerly vested in any Committee within the said Counties, or any of them, for the placing of Ministers in Ecclesiastical Livings or Promotions, be from henceforth determined: And that no person or persons shall be from henceforth vested and setled in any Rectory, Vicarage, or Ecclesiastical Promotion within any of the said Counties, unless such person or persons so to be vested or setled, be recommended and approved of for the work of the Ministery, according to the tenor and true meaning of this Act: And that this Act shall continue and be in force for the space of Three years, from the Five and twentieth day of March, One thousand six hundred and fifty, and no longer.