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.