May 1644: An Ordinance for raising and maintaining of Horse and Foot for the Garrison of Glocester, and for the Counties of Glocester, etc.

May 1644

[10 May, 1644.]

Names of Committee for Gloucester, etc.; Powers.; To put Ordinances in execution.; Directions to Commissioners of Excise.

Whereas the County and City of Clocester, and the County of the said City are now in a sad condition, by reason of the enemies lying upon them, and keeping many Garrisons in the County of Glocester, and the Counties of Hereford, Monmouth, Glamorgan, Brecknock, and Radnor, being almost all in their power, whereby the Irish Rebels and other enemies have the freer passage for prosecuting their bloody designes against this Kingdome, to spoyle and ruine the same; for prevention whereof, and to reduce the residue of the said Counties to their due obedience of the King and Parliament, there is great necessity that three or foure hundred Horse, and other forces be presently raised, and money provided for the same, and also for the better maintaining of the forces already raised, and to be raised in the said Counties and City, The Lords and Commons in Parliament assembled, considering the premises, and well weighing the extraordinary and faithfull service performed at, before and since the late siege of Glocester by the Garrison there, by Collonel Massey, and the forces under his command; Do declare, order, and ordaine, and be it hereby ordered, declared, and ordained, That sir Robert Harley, Knight of the Bath; John Wilde, Sergeant at Law; Nathaniel Stephens, Edward Stephens, Thomas Hodges, Tho. Pury, Esquires, Members of the House of Commons, the Major and Recorder of the City of Glocester for the time being, Sir Giles Overbury, Knight; Edward Massie, Collonel and Governor of Glocester; James Kirle, John Stephens, Tho. Stephens, Edward Harley, Isaac Bromwich, Sylvanus Wood, William Shepheard, Stephen Flower, Edward Broughton, and Henry Jones, Esquires, shall be, and are hereby nominated a Committee of, and for the said severall Counties and City; and that they, or any three or more of them, shall hereby have full power and Authority, to take the subscriptions of all such persons as will voluntarily lend or contribute any summe or summes of Money, Plate, Horse, or Armes towards the supplyes and provisions aforesaid, and for other necessaries for the advancement of the said service; which summe and summes of Money, Plate, Horse, or Armes to be subscribed, lent and contributed as aforesaid, the said Committee, or any three or more of them, shall and may receive and employ for the services aforesaid, and give Notes, or Acquittances, for the severall summes of Money, Plate, Horse, or Armes so received which said Notes or Acquittances shall be a sufficient speciality for the severall persons that shall lend, or contribute any Money, Plate, Horse, or Armes as aforesaid, to demand re-payment thereof or the value thereof with such encrease as shall bee agreed upon, so as the same shall not exceed 8.1 per cent. And for the better enabling the said Committee to make repayment of such Moneys, and the value of such Plate, Horse, and Armes as shall be lent for the purposes aforesaid, and for the raysing, maintenance, and supplies of the said forces from time to time as need shall require. Be it further Ordained by the Lords and Commons, that the said Committee, or any three or more of them, shall have power and authority to put in execution within the said Counties the severall Ordinances of this present Parliament hereafter mentioned; That is to say, The Ordinance for Sequestration of Malignants, Delinquents, and Papists Estates; the Ordinance for raysing 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 of England 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, except the Ordinances for leavying of Moneys by way of Excise, or new Impost, the proceed of all which raised, and to be raised within the said Counties, shall be paid unto the said Committee, or any three or more of them to be issued out for the uses and purposes aforesaid, which shall be a sufficient discharge to the Commissioners of Excise in that behalfe. And the Commissioners of Excise are Authorised, and hereby required from time to time to issue their Warrants to their inferiour Officers within the said Counties, for payment of the said Moneys accordingly, and that the said Committee, or any three or more of them, take care of the full and due execution of the said Ordinances, according to the tenure and true meaning of the same respectively; and for the more speedy raising of monies for the repayment of such summes, and the value of such Plate, Horse, or Armes as shall bee brought in by subscriptions as aforesaid;

Power to Committee to let sequestered Lands.

Be it Ordained by the Lords and Commons, that the said Committees, or any three or more of them shall have hereby full power and authority to set, and let the Lands; Tenaments, and Hereditaments of all Malignants, Delinquents, and Papists, which shall bee seized and sequestrred according to the Ordinance of Parliament for Sequestrations; within the said Counties, and City from yeare to yeare, or by Lease or Leases for the intents or purposes aforesaid, so long as the said Sequestration shall continue; and in case the said Subscribers and Lenders shall not receive full satisfaction of their principall Mony and interest, to be lent and subscribed as aforesaid out of the Estates of Malignants, Delinquents and Papists, and other provision as aforesaid; that then the said Subscribers, and Lenders, and every of them are by vertue of this Ordinance to have the publique faith of the Kingdome for the repayment of such sum and summes of mony as shall be due unto them.

To appoint Treasurers, Collectors, etc.; Allowances.; Collectors and Treasurers that refuse to give account.

And be it further Ordained, that the said Committees or any three or more of them shall have full power and Authority to name and appoint such Treasurers, Collectors, and other Officers within the said Counties and City, as they shall thinke fit and convenient for the better putting in Execution of all and every the aforesaid Ordinances of Parliament, and of this present Ordinance as well for the receiving of all or any the said Monies as also for the issuing out of the same, for the purposes aforesaid, by warrant under the hands of the said Committee, in such manner as the said Committee or any three or more of them shall appoint, and to call to account from time to time upon oath all such Treasurers, Collectors and other persons who shall receive any Monies, Plate, Horse, or Armes, by vertue of this present Ordinance of Parliament, for the Services aforesaid, and to give such fitting and reasonable allowances unto such persons as shall bee imployed in the Execution of the Ordinance aforesaid, and of this present Ordinance or any of them for their charges and paines therein, as the said Committees or any three or more of them shall thinke fit: Provided that such allowance shall not exceed the respective rates allowed by the said severall Ordinances in other Counties of the Kingdome for putting the said Ordinances in Execution; and if any such Treasurers, Collectors, or other person or persons shall refuse to Accompt or pay in the monies wherewith they are charged, then the said Committees or any three or more of them, shall returne their names to one or both Houses of Parliament; And the said Committees or any three or more of them are hereby enabled and Authorized to call to acompt upon Oath, all such person and persons of the said severall Counties, as have received any Monies by Authority of Parliament, which they have not made even payment of.

Oaths to Commissioners.

And the said Committees or any three or more of them are hereby Authorized, to Administer the severall Oathes specified in the foresaid Ordinances to such Commissioners or persons as have not already taken the same.

Delinquents' Estates, etc., not yet sequestered to be allowed to Committees.

And be it further Ordained by the said Lords and Commons, that the personall Estates of such Malignants, Delinquents and Papists within the Cities of London and Westminster, and within twenty miles of the same, not yet sequestered nor discovered, and which shall bee discovered by the said Committees, or any three, or more of them, or by such person or persons as thay shall authorize under their hands and seales for that purpose, within three Moneths next after the passing of this Ordinance, shall bee allowed unto the said Committees for the further advancement of the said Service.

Provisoes.

Provided that the said concealed Estates exceed not the summe of five thousand pounds; And that the said Committees or any person or persons authorized by them as aforesaid, nor any of them shall possesse themselves of the said Delinquents or Papists Estates, before he or they acquaint the Committee of Lords and Commons for Sequestrations therewith, or any three or more of them, whereof the Chaire-man to be one, to the end, they may judge of their Delinquency before his or their Estates be Sequestred and taken away.

Committees to administer National Covenant.

And be it further Ordained by the Lords and Commons, that the said Committees or any three or more of them, shall have power and Authority, and are hereby required to administer the late Nationall Covenant appointed to be taken by the three Kingdomes of England, Scotland, and Ireland, to all persons within the said Counties and City, 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 Schoolmasters, and nominate others.; Indemnity.

And bee it further Ordained by the said Lords and Commons that the said Committees, or any three or more of them, shall have power to call before them all Ministers and Schoole-masters within the said Counties and Citie, that are scandalous in their lives, or ill affected to the Parliament, or fomentrs of this unnaturall Warre, or shall wilfully refuse obedience to the Ordinances of Parliament, or shall have deserted their ordinary place of Residence, not being employed in the Service of the King and Parliament; and they shall have power to send for any witnesses and examine any complaint, or receive any testimony against them upon Oath of any person that shall bee produced to give evidence against them, and upon such proofes of the aforesaid crimes, the said Committees or any three or more of them, have hereby power to remove and eject all such scandalous Ministers and Schoole-masters, and in their places to nominate and appoint such learned, able, and Godly persons as they shall thinke fit, and shall cause all such Ministers and Schoole-masters so nominated, appointed, and placed, to bee put in possession of the said severall Churches and Schooles, who shall and may respectively take, receive, and perceive, to their owne use, the Profits and Revenues belonging to the said severall Churches and Places, in as large and ample manner as the severall Ministers and persons in the said severall Places have formerly used to doe: And all Majors, Sheriffes, Constables, and other his Majesties Officers and Ministers are hereby required to bee ayding and assisting to the said Committee as aforesaid in the execution of this Service; And tis lastly Ordered, declared and Ordained, that the good endeavours of the said Committee in the execution of the premisses, are, and shall be taken as reall and publique Testimonies to the public Weale; and themselves, and such others as shall act and bee ayding and assisting to them, according to the true meaning of this present Ordinance, shall bee for so doing, saved harmlesse, and indempnified by power of Parliament.