April 1650: An Act for providing Maintenance for Ministers and other Pious uses.

April, 1650

[5 April, 1650.]

Ordinance 9 Oct. 1646. recited.

Whereas by an Ordinance of Parliament of the ninth of October, One thousand six hundred forty and six, Entituled, An Ordinance of this present Parliament, for the abolishing of Archbishops and Bishops within the Kingdom of England, and Dominion of Wales, and for setling of their Lands and Possessions upon Trustees, for the use of the Commonwealth, the Parsonages appropriate, Tythes, Oblations, Obventions, Pensions, Portions of Tythes, Parsonages, Vicarages, Churches, Chappels and Donatives in the said Ordinance mentioned, are among other things in the said Ordinance likewise mentioned, vested and setled in the Trustees in the said Ordinance named, their heirs and assignes, nevertheless subject to such trust and confidence as the Parliament should appoint and declare:

Act 30 April. 1649.

And whereas by an Act of this present Parliament, Entituled, An Act of the Commons of England in Parliament assembled, for the abolishing of Deans, Deans and Chapters, Canons, Prebends, and other Offices and Titles of or belonging to any Cathedral or Collegiate Church or Chappel within England and Wales, all the Parsonages appropriate, Tythes, Oblations, Obventions, Pensions, Portions of Tythes, Parsonages, Rectories, Vicarages, Churches, Chappels and Donatives in the said Act mentioned, are among other things in the said Act likewise mentioned, vested and setled in and upon the Trustees named in the said Act, their Heirs and Assignes, upon such trust and confidence as in the said Act is contained:

Another Act recited. [31 July, 649.]

And whereas by an Act of this present Parliament, Entituled, An Act, with further Instructions to the Trustees, Contractors, Treasurers and Register, for the sale of the Lands and Possessions of the late Deans, Sub-deans, Deans and Chapters, &c. and for the better and more speedy execution of the former Acts, Ordinances and Instructions made concerning the same, all Rectories, Parsonages, Vicarages and Tythes in the said Act mentioned, are amongst other things in the said Act also mentioned, vested and setled in and upon the Trustees in the said Act named, their Heirs and Assignes, upon such trust and confidence as in the said Act is contained:

Act 8 Junii, 1649.; Trustees in the Ordinance 9 Oct. 1646. devested of Parsonages, and Tythes.; Other Trustees to stand seized; upon Trust.; To pay augmentations to Preaching Ministers.

And whereas by an Act of this present Parliament, Entituled, An Act for providing Maintenance for Preaching Ministers, and other Pious Uses, all Tythes appropriate, Oblations, Obventions, Pensions, Portions of Tythes appropriate, Offerings, Fee-farm Rents issuing out of Tythes in the said Act mentioned, are setled and vested from and after the Sixth day of January, in the year One thousand six hundred forty and nine, in and upon Sir Henry Holcroft Knight, and other the Trustees in the said Act named, in such maner, and upon such trust and confidence as in the said Act is contained: Now to the end that the aforesaid Trustees in the said last recited Act named, may proceed effectually to put in execution the trust in them reposed by the said Act, and by this present Act; and that a just and speedy distribution may be made of the premises, for the maintenance of a preaching Ministery, and other the pious uses in this and the said former Acts specified; Be it Enacted, Ordained and Declared by this present Parliament, and by the authority thereof, That the Trustees named in the aforesaid Ordinance of the Ninth of October, One thousand six hundred forty and six, and the Trustees named in the aforesaid Act for the abolishing of Deans, Deans and Chapters, &c. and in the said Act, with further Instructions to the said Trustees, Contractors, Treasurers and Register for the Sale of the said Lands and Possessions of the said late Deans, Deans and Chapters, &c. shall be, and are hereby, and by the Authority of this present Parliament from the Sixth of January, One thousand six hundred forty and nine, devested of the Possession, Seisin, Fee and Inheritance of all and every the said Parsonages appropriate, Tythes, Oblations, Obventions, Pensions, Portions of Tythes appropriate, Vicarages, Churches, Chappels, Donatives, and Fee-farm Rents issuing out of Parsonages, Vicarages and Tythes in the aforesaid Ordinance and Acts mentioned or contained; and hereby be and are discharged of all and every trust of and concerning the same: And that the said Sir Henry Holcroft Knight, Sir John Thorowgood of Kensington Knight, William Steel Esq; Recorder of the City of London, John Cook Esq; Francis West Esq; Lieutenant of the Tower, Henry Danvers Esq; John Brown Esq; George Cooper Esq; Mr. Richard Read, Mr. Richard Yong, William Skinner, Esq; Nicholas Martin Esq; and Mr. John Pocock, Trustees named in the aforesaid Act for providing Maintenance for Preaching Ministers, &c. their Heirs and Assignes, and the Survivors and Survivor of them and their Heirs, shall stand and be seized of all Appropriations, Tythes appropriate, Donatives, Oblations, Obventions, Pensions, Portions of Tythes, Gleabs appropriate, and Fee-farm and other Rents issuing out of Parsonages, Vicarages or Tythes of or belonging to the said Archbishops and Bishops, or to any Deans, Sub-Deans, Deans and Chapters, Archdeacon, Prior, Chancellor, Commissary, Chaunter, Sub-Chaunter, Treasurer, Sub-Treasurer, Succentor, Precentor, Sacrist, Prebend, Canons, Canons Resident or non-Resident, Petty Canons, Vicars Choral, Choristers, Old Vicars and New, or any other Officer or person of or belonging to the said Hierarchy, with their and every of their Rights, Members and Appurtenances, or which they or any of them had, held or enjoyed, or ought to have had, held or enjoyed in right of his or their said Dignity, Office, Function or Imployment, at any time by the space of Ten years before the beginning of this present Parliament, or at any time since the said former Ordinance or Acts, any thing therein contained, or any other Act or Ordinance of Parliament to the contrary notwithstanding: Nevertheless, upon trust and confidence, and to the end, intent and purpose, that the said Sir Henry Holcroft, Sir John Thorowgood, William Steel, John Cook, Francis West, Henry Danvers, John Brown, George Cooper, Richard Read, Richard Yong, William Skinner, Nicholas Martin and John Pocock, or any five or more of them, their Heirs and Assignes, and the Survivors and Survivor of them and their Heirs, shall and do until the four and twentieth day of June, which shall be in the year One thousand six hundred and fifty, pay and supply out of the Rents, Issues and Profits that shall arise out of the premises for the Maintenance of Preaching Ministers, the advancement of Learning, and other pious uses in England and Wales, and the Town of Berwick, such Augmentations and Allowances as have been made, setled and confirmed by Ordinance or Order of Parliament; and afterwards such Allowances and Augmentations as have been made or confirmed by Authority derived from the Parliament; and shall from and after the said Four and twentieth day of June, One thousand six hundred and fifty, pay and satisfie such Augmentations and Allowances as shall be made, setled or confirmed by the Parliament, or Authority derived from them, according to such Directions and Instructions as they shall from time to time have and receive from the Parliament, or Authority derived from them as aforesaid.

Power to make Leases for 6 years.; To nominate Sub-Commissioners in the several Counties.

And be it further Enacted and Ordained, That the said Sir Henry Holcroft and the rest of the aforesaid Trustees in whom the premises are hereby vested as aforesaid, or any five or more of them, shall and may, and are hereby enabled from time to time, to make Lease or Leases by Deed indented of the premises, or any part thereof, which shall not exceed the term of Six years from the day of the date of the said Lease or Leases in Possession, and not in Reversion or Remainder; and reserving upon such Lease and Leases of the premises, a reasonable yearly Rent and Rents for the same; for which end the said Trustees, or any five or more of them, are hereby authorized to nominate and appoint under their Hands and Seals, when they shall see cause, such person and persons as they or any five or more of them shall think meet, to be Sub-Commissioners in the respective Counties of England and Wales; who shall and may, and are hereby authorized to contract for, set and let the premises or any part thereof, for one or more years, not exceeding seven years in possession, according to such Instructions as they shall from time to time receive in writing from the said Trustees, or any five or more of them.

Such Leases to be good in Law.; 2000 l per annum to the Masters and Heads of Houses in the Universities.

And be it further Enacted and Ordained by the Authority aforesaid, That all and every such Lease, Leases or Grants made of any of the premises by the said Trustees, or any five or more of them, shall be good and effectual in Law to all intents and purposes; and that all and every Lessee and Tenant of the premises, or any part thereof, his Executors, Administrators and Assigns, shall have, hold and enjoy the premises that shall be to him or them let and granted as aforesaid, discharged of all Trusts and Accompts whereunto the said Trustees are or may be lyable, by vertue of this or the aforesaid Act for Maintenance of Ministers; and all Suits and Questions that may arise, or be moved upon pretence of letting at under values, and all other claims and demands whatsoever, and of all Incumbrances made by the said Trustees, or by any claiming under them or any of them; and that the said premises shall not be lyable unto, but stand, and shall be free and discharged of and from all maner of Statutes, Judgements, Recognizances, Dowers, Joyntures, and other Acts and Incumbrances whatsoever, had, made, done or suffered, or to be had, made, done or suffered, by, from or under the said Trustees, or any of them, other then such Leases as shall be by them or any five or more of them made as aforesaid, according to the intent of this Act And to the end that Two thousand pounds a year given for the increase of the Maintenance of the Masters and Heads of Houses in the respective Universities within this Nation, by the said Act, Entituled, An Act for providing Maintenance for Preaching Ministers and other Pious Uses, be distributed according to the in tent of the said Act; Be it Enacted and Ordained, That the said Trustees, or any five or more of them, do and shall from time to time pay out the said Two thousand pounds a year for the ends aforesaid, according to such Orders and Proportions as they shall receive from the Committee of Parliament for regulating the said Universities; in which the said Committee are to have regard unto the number of Houses of Learning in each University, that are fit to have an increase of maintenance, and to make an Assignment of maintenance unto them accordingly; Provided it do not exceed One hundred pounds per annum to any one of them.

80 l. per annum to the Margaret Lecturer of Oxford.

And be it further Enacted, That the said Trustees, or any five or more of them, and the Survivors and Survivor of them, do and shall pay unto the Margaret Lecturer of Oxford for the time being, out of the present Rents, Issues and Profits of the premises, vested in them the said Trustees, Fourscore pounds per annum half yearly, for the maintenance of the Divinity Lecture, commonly called the Margaret Lecture, in lieu and satisfaction of a Dividend the said Lecturer had as Prebend of the Cathedral Church of Worcester.

Trustee recover and receive arrears of rent, due since 1 December 1641.; By Action Distress.; To relieve persons destitute of maintenance.

And be it further Enacted and Ordained, That the said Trustees, or any five or more of them shall stand and be possessed of, and are hereby, and by authority of this present Parliament authorized and appointed to collect, gather and receive, levy and recover, or cause to be collected, gathered, received, levied and recovered, all arrears of all Rents, sum and sums of money, and other profits whatsoever reserved, issuing or payable out of such of the aforesaid Parsonages appropriate, Tythes and premises which were vested in the Trustees, mentioned in the aforesaid Ordinance of the Ninth of October, One thousand six hundred forty and six, and became due since the First day of December, One thousand six hundred forty and one, until the said Ninth day of October, One thousand six hundred forty and six; and out of all Parsonages appropriate, Tythes, or any other the premises vested in the Trustees mentioned in the aforesaid Act, For the abolishing of Deans, Deans and Chap, ters, &c., and becoming due since the said First day of DecemberOne thousand six hundred forty and one, until the Nine and twentieth day of March, One thousand six hundred and fifty, which are remaining in the hands of any Tenant, Possessor or Occupier of the said Parsonages and premises, or of any Treasurer, Collector or Receiver thereof, or of any other person or persons whatsoever, and not already particularly disposed of by the Parliament, or authority derived from them: And that they the said Trustees or any five or more of them, shall and may by Action, Distress, Information, or by any other lawful ways or means whatsoever, sue for, recover and receive the said arrears, as if they were lawful and rightful Owners thereof; and call to an accompt all Treasurers, Collectors and Receivers thereof, or of any part thereof, upon trust and confidence, and to the end, intent and purpose, That they the said Trustees or any five or more of them shall and may, and they are hereby appointed and required to dispose thereof, for and towards the reiief, maintenance and support of such late Bishops, Deans, Prebendaries, Singing-men, Choristers and other Members, Officers and persons destitute of maintenance, whose respective Offices, Places and Livelyhoods are by the aforesaid Ordinance or Act, or any pursuant Ordinance or Act of Parliament, taken away and abolished; distributing and apportioning the same, according to the wants and necessities of such persons, to whom the said disposition shall be made as aforesaid, and according to such further Directions as they shall receive from the Parliament, or authority derived from them.

Former Trustees to deliver up all Deeds, &c.; Registers to transmit the Surveys.

And be it further Enacted and Ordained by the authority aforesaid, That the Trustees appointed by the aforesaid Ordinance for sale of Bishops Lands, and the Trustees appointed by the aforesaid Acts for the sale of Deans and Chapters Lands, &c. or any five or more of them respectively, or the respective Registers appointed by any Ordinance or Act of Parliament for sale of the said Lands respectively, or their Deputies, do upon the order of any five or more of the said Trustees in this Act mentioned, deliver unto them the said Trustees or any five or more of them, all Deeds, Charters, Evidences and Writings concerning the premises onely; and the said Registers and their Deputies respectively shall transmit the particular Surveys of the aforesaid Approptriaions, Tythes and premises to them returned or remaining with them respectively, or which shall be hereafter returned to them or any of them respectively, or true Copies under the hands of the respective Registers or their Deputies, of such Surveys as are or shall not be distinctly returned, and severed from the particulars of other the Lands and Revenues by them the said Trustees respectively sold or to be sold, unto the aforesaid Trustees, in whom the aforesaid Appropriations and premises are hereby vested, or any five or more of them; which Surveys and Copies respectively, shall be delivered in upon the Oathes of the said Registers or their Deputies respectively, to be the Surveys which were returned, or true Copies thereof; and which Oath the said Trustees or any three or more of them, have hereby power to administer in such cases as they shall think fit.

Trustees to nominate Treasurers. Receivers, and other Officers.; To allow Salaries.

And be it further Enacted and Ordained, That the said Trustees or any five or more of them, shall and may from time to time under their Hands and Seals, nominate and appoint, and place and displace such person and persons to be Treasurers, Receivers and Collectors of all Rents, Issues and Profits that shall arise out of any of the premises vested in them the said Trustees by vertue of this or the aforesaid Act, Entituled, An Act for providing Maintenance for Preaching Ministers, and other Pious Uses; and also such other Officers as they or any five or more of them shall think fit and necessary to carry on the said service, and to allow and pay unto the said respective Treasurers, Receivers and other Officers imployed by them out of the Profits and Revenues in them vested, such Fees and Salaries as shall be allowed of by the Parliament, or authority derived from them: And that they the said Trustees, or any five or more of them, shall and may defray such incident charges and expences as shall be necessary for the due execution of the premises, out of the said Rents and Revenues as aforesaid, and shall be allowed by the Parliament, or authority derived from them.

To call all Receivers, &c to accompt upon Oath.; Persons refusing to accompt, how to be dealt with.

And to the end that a just and true accompt of the premises may from time to time be given and kept, the said Trustees, or any five or more of them are hereby authorized, if they shall see cause, to call all Treasurers, Receivers and Collectors, and other persons imployed by them for receiving the said Rents, Revenues and premises hereby, or by the aforesaid Act for providing Maintenance for Preaching Ministers, vested in them or any part thereof, to an accompt upon Oath, which Oath they the said Trustees, or any three or more of them, are hereby enabled to administer; and the said parties Accompts thereupon to examine and state, and upon clearing thereof, to give such person and persons a full discharge for the same: And if any Treasurer, Receiver or Collector of the said Arrears and premises, or any part thereof, shall refuse to give an accompt to the said Trustees, or any three or more of them, or shall refuse to pay unto them such Moneys as shall appear upon accompt, or otherwise to be in his or their Hands, that then in both the said Cases the said Trustees, or any five or more of them, shall and may under their Hands and Seals, certifie the name or names of the person or persons so refusing as aforesaid, to the Barons of the Exchequer; which said Certificate shall be a sufficient Warrant for the said Barons to issue out Proces; and the said Barons are hereby thereupon required to issue out Proces, and proceed against such Offenders, as they do against other Receivers of the publique Revenue in the like cases.

Trustees or any persons acting under them, may plead the General Issue.

And be it further Enacted, That if any Action or Suit shall be brought or prosecuted against the present Trustees, or any of them, or against any person or persons doing or performing any thing, by, from or under them, for or by reason of any act or thing done in execution of this Act, or the said Act, Entituled, An Act for providing Maintenance for Preaching Ministers, and other Pious Uses; or of any other Act or Instructions made, or hereafter to be made by authority of Parliament, That they and every of them shall and may in such case plead the General Issue, and give this or the aforesaid Acts, or either of them, or any future Act or Instructions to be given by authority of Parliament, in Evidence; and if Judgement pass against the parties complaining or prosecu ting in any such Action or Suit, or that they be non-suited, or suffer any discontinuance, That in every such case the parties Defendants and prosecuted, shall have and recover double costs, to be awarded by the Judge or Judges of the Court where such Action or Suit shall be depending.

Committee appointed.; Their power.

And to the end that there may be a due and just distribution of the aforesaid Rents and Revenues for the Maintenance of Preaching Ministers, and other the Pious Uses hereby, and by the aforesaid Act, Entituled, An Act for Maintenance of Preaching Ministers, and other Pious Uses, intended, Be it further Enacted and Ordained, That the Committee for regulating the Universities of Oxford and Cambridge, shall be, and are hereby appointed a Committee to receive what former Augmentations and Allowances have been granted by the Parliament, or any authority derived from them, to any Minister, Lecturer or Schoolmaster; and where they or any five or more of them shall finde any augmentations or allowance granted to any person or persons not deserving the same, or where there is a convenient Maintenance otherwise, or where the augmentation is too great, in such cases to make such abatements or discharge of the said augmentations or allowances respectively, from and after the four and twentieth of June, One thousand six hundred and fifty, as they the said Committee, or any five or more of them shall think fit; and to give unto the said Trustees such Rules and Directions, after what rate and proportion they shall grant any further augmentations or allowance to and for the Maintenance of Preaching Ministers and Schoolmasters, within such Towns, Parishes and Chappelries which shall stand in need of the same, as they the said Committee, or any five or more of them shall think fit and requisite; which the said Trustees are thereupon required to augment and allow accordingly, out of the accrewing Rents and Revenues hereby, and by the aforesaid Act in them vested as aforesaid; and to allow such Fees and Salaries to the respective Officers imployed by the said Trustees, or any five or more of them, and also such other incident charges and expences beforementioned, as they the said Committee, or any five or more of them shall think fit.

Gleah Lands and Fee-farm Rents excepted.

Provided, That this Act shall not extend to the vesting in the said Trustees any Gleab Lands, or parcel of Gleab Lands or Fee-farm Rents issuing out of Tythes of or belonging to the said Archbishops or Bishops, Deans, Deans and Chapters, or other persons mentioned in the aforesaid Ordinance or Acts, which any purchaser of any the respective premises, or any part thereof, hath contracted for, and hath the same contained in any Deed of the premises or any part thereof, from the said respective Trustees in the said Ordinance or Acts named; or which hath been granted to any person or persons by any Act or Ordinance of Parliament, but that the said Purchasers shall have, hold and enjoy the same to them, their Heirs and Assignes respectively.

Advowsons excepted.

Provided, That this Act shall not extend to the vesting in the said Trustees, the Advowson or Right of Patronage or Presentation, of or to any Church or Chappel with Cure, within any of the Manors or Lordships of any the said Archbishops and Bishops, Deans, Deans and Chapters, or other persons which by the said Act for sale of Dean and Chapters Lands are setled in the respective Purchasers of them, but that they shall be, remain and continue unto the said Purchaser, in as large and ample maner, as in and by the said Act is limited and declared; Nor to the vesting in them such Tythes as are united to any Church or Chappel within the said Act for the Maintenance of a Preaching Minister, in them respectively.

Colledges, Churches, &c. excepted.

Provided also, That this Act nor any thing therein contained, shall extend to any Colledge, Church, Corporation, Foundation or House of Learning in either of the Universities within this Commonwealth; Nor to the Revenues of any publique Professor or Reader in either of the said Universities, that are not provided for by this Act; Nor to the Foundation of the Schools of Winchester or Eaton.

Provided also, That this Act shall not extend or be construed so to settle any augmentations or allowance upon any person or place, for any longer time then he or they shall be by the Parliament, or authority derived from them respectively, judged fit and worthy to have and receive the same.

Impropriations in Wales, excepted for a time.; The like in the North.

Provided also, That the said Trustees shall not intermeddle with the Rents, Issues and Profits of any the Impropriations and Revenues of North-wales and South-wales, mentioned in an Act of this present Parliament, Entituled, An Act for the better Propagation and Preaching of the Gospel in Wales, and redress of some Grievances; nor of any of the Impropriations and Revenues within the Counties of Northumberland, Cumberland, Westmerland and Durham, mentioned in one other Act of this present Parliament, Entituled, An Act for the better Propagating the Gospel in the four Northern Counties of Northumberland, Cumberland, Westmerland and Durham, during the continuance of the said several Acts.

Four Acres of Meadow, and 9 of Arrable in Hanley setled on Nich. Lechmere Esq:

Provided also, and be it further Enacted and Ordained, That certain parcels of Gleab-Lands in the Parish of Hanley Castle in the County of Worcester hereafter mentioned, parcel of the impropriate Rectory of Hanley Castle aforesaid, and heretofore belonging to the late dissolved Bishoprick of Worcester; that is to say, Four Acres of Meadow, known by the name of Easmore, and nine Acres of Arable Land lying in a Field, called, Lechmeres Field, and now in the possession of Nicholas Lechmere Esq; for the term of three lives yet in being; which said four Acres and nine Acres lie intermixt with the Lands of inheritance of him the said Nicholas Lechmere, be granted, vested, setled and established to, in and upon him the said Nicholas Lechmere, his Heirs and Assignes for ever, to the onely proper use and behoof of him the said Nicholas Lechmere, his Heirs and Assignes for ever; he the said Nicholas Lechmere first paying for the same Reversion and the present Rent, so much money as shall be agreed on by the said Trustees or any five or more of them, to the uses, intents and purposes in this Act before specified.

This Act to continue till 26 June. 1653.

Provided, That this Act shall continue in force until the six and twentieth day of June, which shall be in the year of our Lord, One thousand six hundred fifty and three.

This Act not to extend to any Manor or Demeasn Lands.

Provided, That this Act or any thing therein contained, shall not be construed to extend to the vesting of the said Trustees or any of them, in any Manor or Demeasn Lands, parcel of any such Manor, belonging to any Rectory or Parsonage lately appertaining to any late Archbishop, Bishop, Dean, Prebend, or other person or persons, or Bodies Politique formerly mentioned in this Act, to be abolished.