March 1644: An Ordinance to enable Sir William Brereton Baronet, one of the Members of the House of Commons, to execute the several Ordinances of Parliament for advance of money within the County of Chester, and County and City of Chester...

March 1644

[26 March, 1644]

Power to take Subscriptions.; To put in execution several Ordinances..; To set and let Papists and Delinquents lands.; Publique Faith given for moneys lent.; To appoint Commissioners, Treasurers, &c.

The Lords and Commons assembled in Parliament, taking into their serious consideration the present condition of the County of Chester, and of the County and City of Chester, and the parts adjacent, and the damage which hath already happened, and may still accrue to this Kingdome, by the frequent access of the Irish Forces into the said Place, (by means of the Haven of Chester being yet within the Enemies power) joyning themselves with such Delinquents and Papists as are now in Arms in those parts against the Parliament; have thought fit that course be timely taken for prevention of further mischiefs by landing of more Irish Forces in those parts. And therefore that they might speedily reduce the said County and City of Chester, and places aforesaid, to their due obedience to the King and Parliament, have thought it necessary, that competent Supplies and Provisions be had and established, as well for the Discharge and Payment of such Arrears as are already due and owing to the Officers and Souldiers imployed in the Service aforesaid, as for their future maintenance and allowance, during such time as their Service shall be requisite. To which end and purpose, the said Lords and Commons, having had good experience, and being fully assured of the Fidelity and Resolution of Sir Wil. Brereton Baronet, one of the Members of the House of Commons; and of the forwardness and good Affections of the Deputy-Lieutenants, Commanders, and Inhabitants of the said County of Chester, have Ordained, and be it Ordained by the said Lords and Commons, That the said Sir William Brereton shall have full Power and Authority, to take the Subscriptions of all such Persons, as will voluntarily lend, or contribute any sum or sums of Money towards the Supplies and Provisions aforesaid, and for other necessaries for the advancement of the said Service: Which sums of Money to be subscribed as aforesaid, the said Sir William Brereton, and His Assignes, shall and may receive and imploy for the Service aforesaid, and give Notes or Acquittances for the several sums so received; which said Notes or Aquittances shall be a sufficient Specialty and Evidence for the several Persons that shall lend or contribute any Money as aforesaid, to demand repayment thereof, with such increase as shall be agreed upon, so as the same shall not exceed 8.l. per Cent. And for the better enabling the said Sir Wil. Brereton to make repayment of such Moneys as shall be lent for the said purposes, and to perform such Conditions and Agreements as the several Subscribers and Lenders shall agree unto as aforesaid; and for the maintenance and supplies of the said Forces, and further advancement of the aforesaid Service: Be it further Ordained by the said Lords and Commons, That the said Sir William Brereton, together with the Deputy-Lieutenants, and Committees of the said County of Chester, and the County of the City of Chester, or any two, or more of them, shall have full Power and Authority to put in Execution, within the said County of Chester, and County of the City of Chester (when the same shall be reduced) the several Ordinances of this present Parliament hereafter mentioned: That is to say, The Ordinances for Sequestration of Malignants, Delinquents, and Paptists Estates, the Ordinance for the levying of Moneys by way of Excise, or New Impost. The Ordinance for the raising of Money, by taxing such as have not at all contributed, or not according to their Estates, The Ordinance for the Weekly Assessments, and all other Ordinances made this present Parliament, for advance of money through the whole Kingdome and Dominion of Wales for the service of the King and Parliament, so far forth as they, or any of them, have not been already fully executed within the places aforesaid: and to take care for the full and due Execution of the said Ordinances according to the Tenour and true meaning of the same, respectively. And for the more speedy raising of Moneys for the repayment of such Sums as shall be brought in by Subscriptions, as aforesaid, and towards the satisfaction of such Officers and Souldiers as are or shall be in Arrear of their just pay and allowance, and for whom there shall not be present Pay and Provision allowance: Be it Ordained by the said Lords and Commons, that the said Sir William Brereton, together with such Deputy Lieutenants and Committees as aforesaid, shall have hereby full power and authority to set and lett the Lands, Tenements, and Hereditaments, of all Papists and Delinquents which are or shall be seized and sequestred according to the Ordinance of Parliament for Sequestration within the said County of Chester, and County and City of Chester, or either of them from year to year, or by Lease or Leases for the intents and purposes aforesaid, so long as the said Sequestration shall continue. And in case the Lenders or Subscribers shall not receive full satisfaction of their principal Money to be lent or subscribed as aforesaid, with the Interest thereof, out of the Estates of Papists and Delinquents, as aforesaid, or by such other means as is hereby provided as aforesaid, That then the said Lenders and Subscribers, and every of them shall have the Publique Faith of the Kingdome for the payment of such Sum and Sums of Money as shall be due unto them. And whereas the said County of the City of Chester, is wholly subjected to the power and tyranny of the Forces raised against the Parliament, by reason whereof no Commissioners or other Officers could as yet put in execution any of the said Ordinances of Parliament: And whereas some persons formerly appointed by Authority of the Parliament to be Commissioners and Officers within the said County of Chester, and County of the City of Chester to execute the Ordinances aforesaid for the service of the Parliament, have since neglected and deserted the same, and manifested their disaffections thereunto; Be it therefore Ordained by the said Lords and Commons, that for the supply thereof the said Sir William Brereton, together with such Deputy-Lieutenants and Committees as aforesaid, shall have full power and authority to name and appoint such Commissioners, Treasurers, Collectors and other Officers within the said County of Chester, and County and City of Chester when the same shall be reduced, as shall be necessary (through the defect aforesaid) for the better putting in execution of all and every the Ordinances of Parliament before mentioned, and of all other Ordinances of Parliament, in case either no Commissioners or other Officers be named by the Authority of Parliament, to put the same in execution within the said County of Chester, and County and City of Chester, or either of them, or in case the Commissioners or other Officers already named, have neglected or deserted the said Service, or otherwise discovered their dis-affections to the proceedings of Parliament, which said Commissioners & other persons so to be named and appointed by the said Sir William Brereton, together with the Deputy-Lieutenants and Committees as aforesaid, shall by vertue of this present Ordinance have as full power and authority to put the said respective Ordinances in execution, as if they were named by both Houses of Parliament and their names inserted into the said respective Ordinances.

How the monies lent shall be paid.; Persons having received money to accompt on Oath.; Allowances.; Power to administer Oaths.; Concealed Estates.

And be it also Ordained by the said Lords and Commons, that the several Sums of Money which shall be lent for the advancement of the said Service, and such increase as shall be due for every respective Sum so lent according to the true intent and meaning of this Ordinance, shal be satisfied and paid out of the moneys that shal be raised within the places aforesaid, by vertue of the aforementioned Ordinances, or of this present Ordinance. And the said Sir William Brereton, with such Deputy-Lieutenants and Committees as aforesaid, are hereby enabled and authorized to call to Accompt upon Oath all such persons of the said County of Chester as have received any Moneys by Authority from the Parliament: As also to take Accompts upon Oath from time to time of the said Commissioners, Treasurers, and other persons who shall receive any Moneys within the said places by such Authority as aforesaid, and the same to convert and imploy for the services aforesaid, and to give such fitting and reasonable allowances unto such persons as shall be imployed in the execution of the Ordinances aforesaid, and of this present Ordinance, or any of them, for their pains and charges therein, as the said Sir William Brereton shall think fit, provided that such allowance shall not exceed the respective Rates allowed in other Counties of the Kingdome for putting the said Ordinances in execution: And if any Treasurers, Collectors or others shall refuse to accompt or pay in the Moneys, wherewith they are charged, then the said Sir William Brereton, together with such Deputy-Lieutenants and Committees as aforesaid, shall return their Names to one, or both Houses of Parliament. And the said Sir William Brereton together with such number of DeputyLieutenants, or Committees, as aforesaid, is hereby Authorized to Administer the several Oaths specified in the aforesaid Ordinances unto such Commissioners and Persons (which have not already taken the same) as by the true meaning of the said Ordinances, or of this present Ordinance, or any of them, ought to take the same. And be it further Ordained by the said Lords and Commons, That the Personal Estates of such Delinquents and Papists within the Cities of London and Westminster, and within twenty miles of the same, not yet sequestred nor discovered; and which shall be discovered by the said Sir William Brereton, or such Person or Persons as he shall Authorize under his Hand and Seal for that purpose, within two Moneths next after the publishing in Print of this Ordinance, shall be allowed unto the said Sir William Brereton, for the further Advancement of the said Service, provided that the said concealed Estates exceed not the sum of five thousand pounds: And that the said Sir William Brereton, or any Person Authorized by him, as aforesaid, nor any of them shall possess themselves of the said Papists or Delinquents Estates, before he or they acquaint the Committee of Lorps and Commons for Sequestrations therewith, to the end they may judge of the Delinquency of the Persons, before his or their Estates be sequestred & taken away. And be it further ordained by the Lords and Commons, That the said Sir William Brereton shall have Power and Authority and is hereby required to Administer the Covenant (appointed to be taken by the three Kingdomes of England, Scotland, and Ireland) to all Persons within the said County of Chester, and the County of the City of Chester, who ought to take the same (by the late Ordinance and Instructions for that purpose) and have not already taken it.

Power to eject Scandalous or Malignant Ministers and School-masters.

And be it further Ordained by the said Lords and Commons, that the said Sir William Brereton, together with the DeputyLieutenants and Committees, as aforesaid, shall have Power to call before them all Ministers and Schoolmasters within the County of Chester, and the County of the City of Chester, that are scandalous in their lives, or ill-affected to the Parliament, or Fomenters of this unnatural War, or shall wilfully refuse obedience to the Ordinances of Parliament, or shall have deserted their ordinary place of residence, not being imployed in the service of the King and Parliament: and they shall have power to send for any Witnesses, and examine any complaint or testimony against them, upon Oaths of such persons as shall and may be produced to give evidence against them; and upon such Proofs of the aforesaid Crimes, the said Sir William Brereton, together with the Deputy-Lieutenants and Committees aforesaid have hereby power to remove and eject all such scandalous Ministers and Schoolmasters, and in their places to nominate and appoint such learned, able, godly, and fit Persons, as they (with the advice and consent of three, or more godly and learned Divines of the said County of Chester, which they shall call unto them for that purpose) shall think fit; and shall cause all such Ministers and Schoolmasters, so nominated, appointed, and placed, to be put into possession of the said Churches and Schools, who shall and may respectively take, receive, and perceive to their own uses, the Profits and Revenues belonging to the said several Churches and Places: in as large and ample manner, as the several Ministers and Persons in the said several Places have formerly used to do.