October 1646: Ordinance concerning Chester.

October, 1646.

[1 October, 1646.]

Whereas the City of Chester hath been, from the Beginning of these unnatural Wars, under the Power of the Enemy; and many Aldermen, Sheriffs, Peers, and Common Council-men of the said City have taken up Arms, or otherwise been violent Fomenters of these unnatural Wars against the Parliament; and the said City, being now, by the Providence of God, reduced to the Obedience of the Parliament; and whereas Charles Walley Mayor of the said City, Nicholas Juce, and Randall Holme the Younger, Thomas Cooper, Thomas Thropp, Sir Thomas Smith Francis Gamull, and Robert Brerewood Recorder, Richard Dutton and Robert Sproston Aldermen and Justices of the Peace of the said City, James Earl of Darby, John Earl Rivers, Richard Brester and Thomas Savadge Aldermen, Humphry Phillipps, Edward Hulton, Thomas Weston, Richard Wright, Humphry Lloyd, Richard Taylor, and Arthur Walley, Sheriffs, Peers, and Common Council-men, of the same City, have taken up Arms, or been violent Opposers of the Parliament and their Proceedings: Be it therefore Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the said Charles Walley Mayor, Nicholas Juce, Randall Holme the Younger, Thomas Cooper, Thomas Thropp, Sir Thomas Smith, Francis Gamull, and Robert Brerewood Recorder, Richard Dutton and Robert Sproston Aldermen and Justices of the Peace James Earl of Darby, John Earl Rivers, Richard Broster and Thomas Savadge Aldermen, Humphry Phillipps, Edward Hulton, Thomas Weston, Richard Wright, Humphry Lloyd, Richard Taylor, and Arthur Walley, Sheriffs, Peers, and Common Councilmen, of the said City, shall be removed and discharged, and hereby are removed and discharged, of and from their respective Places of Mayor, Recorder, Sheriffs, Aldermen, Justices of the Peace, Peers, and Common Council-men of the said City, and from all Assemblies and Public Meetings of the same, with the Mayor, Aldermen, and Common Council: And be it further Ordered and Ordained, That such others of the Aldermen, Sheriffs, Peers, or Common Councilmen of the said City, who, upon due Proof before the Committee of Sequestrations of the said County and County of the City, shall appear to be guilty of taking up Arms against the Parliament, or voluntarily adhering to the Enemy, shall be suspended from acting any Thing as Justices of the Peace, Aldermen, Sheriffs, Peers, and Common Council-men of the said City, and of and from any Assembly or Public Meeting as aforesaid; and if any such Person or Persons so suspended shall not within Six Months clear him or themselves of the said Offences, then he or they shall be removed and discharged from every such Place and Office; and it shall be lawful to and for the said City to choose others in their Rooms or Places: And be it Ordained, That William Edwards, Alderman of the said City of Chester, shall be Mayor of the said City for this present Year, until the usual Time of electing a new Mayor, which shall be in the Year 1647, according to the Charter of the said City; and that the said Mayor shall call an Assembly of Aldermen, Common Council and Free Citizens, and there the said Mayor shall take the several Oaths which usually the Mayors of that City take; and the said Mayor having taken such Oaths, he shall, with the Advice of the Assembly, according to the ancient Charter or Custom of that City, nominate and elect Two Sheriffs for the said City, and the said Mayor shall give them the Oaths which the Sheriffs there do take; and the said Mayor and Assembly of Aldermen and Common Council shall, either the same Day, or some convenient Time after, elect and make Choice of Aldermen and Common Council-men, to make up the Number of Twenty-four Aldermen and Forty of the Common Council, whereof the Sheriffs, Peers, are within the Number of the Common Council, according to the Charter or Customs of the said City; and also elect and make choice of Treasurers, Coroner, Leave-lookers, and such other Officers and Members as are usually chosen, according to the Custom or Charter of the said City; provided that no Person shall be capable to be elected into any of the aforesaid Offices, that is guilty of the said Offences for which by this Ordinance any are to be displaced: And the said Mayor shall from Time to Time, as Occasion shall require, call and appoint Assemblies, according to the Usage and Custom of the said City, and Charter thereof; and the said Mayor and the Sheriffs shall keep their several Courts at the usual Times.

And be it further Ordered and Ordained, That such Free Citizens of the said City, who have been expelled the said City, or been occasioned to depart thence, by reason of their good Affection to the Parliament and Kingdom, shall be, and hereby are, restored to all such Places, Offices, and Privileges, which formerly they held and enjoyed within the said City; any Act of Assembly, Declaration, or Order, in the said City, to the contrary notwithstanding.

And it is further Ordered and Ordained, That such Irish and others as have been made free of the said City whilst it was kept in Hostility against the Parliament, and have no Right thereunto by Birth or Service, shall be, and are hereby, disfranchised; and shall not, for themselves nor their Posterity, have any Benefit or Privilege thereby.

And be it further Ordered and Ordained, by the said Lords and Commons, That the Mills called Dee Milles, near the said City of Chester, and the Stone Causey erected for the Use of the said Mills, holden by Francis Gamull, Alderman of the said City, a Delinquent, being a great Annoyance and Obstruction to the Trade of the said City, and otherwise very inconvenient, be demolished and taken down, within the space of Four Months now next ensuing, at the Charge of the said City; and in the mean Time, that the Profits and Emoluments of and belonging to the said City for the Time being towards the Support of his Expence and Charges in his said Office of Mayoralty [sic]; and that, within the Space of One Year, there shall be made new Water Courses for other Mills, to be erected upon a Parcel of Lands called The Rood Dee, or some other Lands belonging to the said City, at the Charge of the said City, whereunto the Materials of the old Mills and Causey shall be employed, towards the making and setting up of the said new Mills: And be it further Ordered and Ordained, That the said City shall for ever answer, yield, and pay, the same Fee Farm Rent, which is and was reserved and payable into the Receipt of Exchequer, and all Tithes and Rents payable out of the said Dee Milnes; and the Overplus of the Profits of the said Mills to be employed for the Use and Benefit of the said City: Saving to the King's Majesty, His Heirs and Successors, and to all Person and Persons, Bodies Politic and Corporate, other than the said Francis Gamull and His Heirs, or any claiming from, by, and under him, and other than such Persons as are Delinquents to the Parliament, and their Heirs, their just Rights, Titles, and Interests; and saving likewise the Rents and Duties now issuing out of the said Mills, and payable by the said Francis Gamull and those from whom he claims, and now to be paid by the said City of Chester, out of the said new Mills to be erected as aforesaid; and, in Default thereof, out of any other Lands, Hereditaments, or Revenues, belonging to the said City of Chester, in the same Manner and Form as the said Rents, Duties, or other Profits and Advantages, ought to have been paid, done, received, or taken, in case the said ancient Mills had remained and stood unaltered and not demolished; and that the like Power of Distress or Distresses, or other Remedy, be still continued, for the Recovery, Obtaining, and Enjoying, the aforesaid Rents, Duties, or other Profits and Advantages, in as full, large, and ample Manner, to all Intents, Constructions, and Purposes, as at any Time heretofore hath been used and accustomed; any Thing before in this Ordinance contained to the contrary notwithstanding.

And be it further Ordered and Ordained, That, out of the Revenue of the Dean and Chapter of Chester, there shall be an Addition of One Hundred and Twenty Pounds per Annum to a godly, able, preaching Minister at Oswald's, alias Warburg Church, in the said City; and of One Hundred and Fifty Pounds per Annum to a like Minister at Peter's Church, in the said City; and of One Hundred Pounds per Annum to a like Minister at Trinity Church, in the said City; and of One Hundred Pounds per Annum to a like Minister at John's Church, within the County of the said City; and of Thirty-six Pounds per Annum to the Head-School-master, and of Nine Pounds per Annum to the Usher, of the Free School within the said City; all which several Sums of Money shall be paid, by such Person or Persons as are or shall be hereafter appointed to receive the Revenue of the said Dean and Chapter of Chester, unto the Ministers of the several Churches aforesaid, and likewise to the said School-master and Usher, until both Houses of Parliament take further Order with relation to the settling of a Preaching Ministry throughout the Kingdom: And it is further Ordered and Ordained, That, upon the Death or Remove of any Schoolmaster, Usher, or Scholars of the said School in Chester, they shall from Time to Time be chosen by the Mayor, Aldermen, Sheriffs, and Ministers of the said City, or the major Part of them.

Provided, That this Ordinance, or any Thing therein contained, shall not, for Time to come, prejudice the Charters of the said City, nor any of the ancient Privileges, Liberties, and Immunities thereof.

Provided always, That, if the said Francis Gamull shall by both Houses of Parliament be admitted to make his Composition for his Delinquency, then the said Francis Gamull shall receive Satisfaction for the said Mills out of his Fine.