August 1654: An Ordinance for taking an Accompt of the moneys received upon the Act for the better propagation and preaching of the Gospel in Wales, &c.

August, 1654

[30 August, 1654.]

Act 22 Feb. 1649.

Whereas by an Act of Parliament made the Two and twentieth day of February, One thousand six hundred forty and nine, Entituled, An Act for the better propagation and preaching of the Gospel in Wales, and redress of some grievances, it was Enacted amongst other things, That the Commissioners in the said Act mentioned, or any twelve or more of them, should be authorized and enabled by themselves, or others deriving authority from them, to receive and dispose of all and singular the Rents, Issues and Profits of all and every the Rectories, Vicarages, Donatives without Cure, Portions of Tenths, and other Ecclesiastical Livings, which then were, or afterwards should be in the disposing of the Parliament, or any other deriving authority from them; as also to receive and dispose of the Rents, Issues and Profits of all Impropriations and Gleab-lands within the said Counties, which then were, or afterwards should be under Sequestration, or in the disposal of the Parliament, by vertue of any former Statute, or any Act or Ordinance of that present Parliament: And the said Commissioners, or any twelve or more of them, should out of the said Rents, Issues and Profits of the premises, order and appoint a constant yearly maintenance for such persons as should be recommended and approved for the Work of the Ministery, or Education of Children, and for such other Ministers as were then residing in the said Counties.

Commissioners names.; Their powers.; Persons refusing to accompt, shall be committed.; Oath.; Moneys remaining in any persons hands, shall be paid into the Exchequer.

And whereas it was then further Enacted by the authority aforesaid, That the said Commissioners, or any twelve of them out of the said Tenths, Rents and Profits by them receivable by vertue of the said Act, should and might allow such moderate Salary for Wages to such person or persons who should be imployed in the receiving, keeping and disposal thereof, or any part thereof, as they should conceive to be necessary and reasonable: Therefore to the end that there may be a just Accompt given and taken of all such Rents, Issues and Profits of all and every the Rectories, Vicarages, Donatives without Cure, Portion of Tenths, and other Ecclesiastical Living, Impropriations and Gleab-lands, according to the true intent and meaning of the said Act; It is by His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, by and with the Advice and Consent of His Council, Ordained, and be it hereby Ordained by the authority aforesaid, That Sir Hugh Owen Baronet, John Corbet Esq; Chief Justice of the Counties of Glamorgan, Brecon and Radnor, John Hagget Esq; Chief Justice of Carmarthen, Pembrook and Cardigan, Bennet Hoskins Esq; one other of the Justices of Carmarthen, Pembrook and Cardigan, Roger Lort, Arthur Owen, George Gwyn, Esqs; John Watson Esq; High Sheriff of the County of Radnor, Edward Graves, John Williams of Comedy, Edmund Thomas, Herbert Evans, Robert Thomas, Robert Lougher, Charls Gwyn, William Jones of Usk, Henry Baker, John Walter, Roger Williams, Esqs; be hereby constituted and appointed Commissioners for that purpose, in the Counties of Glamorgan, Brecknock, Radnor, Carmarthen, Pembrook and Cardigan, and County of Monmouth; and that Matthew Morgan, Thomas Lloid and John Kinaston, Esqs; of the County of Montgomery, Captain Gerald Barber, Simon Thelwal the yonger, Esq; Samuel Swanwack, Ralph Wells, William Wyn Esq; Prothonotary of the several Counties of Merioneth, Carnarvan and Anglesey, all of the County of Denbigh, Ralph Hughes, Thomas Chuitskley, Dimock, Esqs; and John Hamner of Caervallagh, Gent. of the County of Flint, Thomas Madryn Esq; of the County of Carnarvan, and Holland Esq; of the County of Anglesey, be hereby constituted and appointed Commissioners for the Counties of Montgomery, Denbigh, Flint, Merioneth, Carnarvan, Anglesey; and that the said several Commissioners in their several Limits, or any three or more of them, are hereby impowered and authorized by their Warrants under their Hands and Seals, to call before them all such persons who by authority or colour of the said Act have intermedled in receiving, keeping and disposing of the said Rents, Issues and Profits of all or any the Rectories, Vicarages, Donatives without Cure, Portion of Tenths, and other Ecclesiastical Living, Impropriations and Gleablands as aforesaid, to give a true and perfect Accompt upon Oath; which Oath the said Commissioners are authorized to administer of all such Rents, Issues and Profits, which they or any of them have received: And if they or any of them shall refuse to give a true and perfect Accompt as aforesaid, then the said Commissioners, or any three or more of them, are hereby impowered and authorized to commit him or them so refusing, to the Gaol of the County, there to remain until they shall conform themselves, and upon any Accompt so exhibited as aforesaid, the said Commissioners, or any three or more of them, shall allow of such payments as have been duly paid, according to the intent of the said Act: But if the said Commissioners, or any three or more of them, do conceive that the said Accompts are not true, either in the Receipts or Disbursments, the said Commissioners, or any three or more of them, shall surcharge the said persons with such moneys as they conceive to be in their hands, and unaccompted for, and shall give them time to clear themselves of the said surcharge, and to provide themselves for the hearing of the said Cause; and the said Commissioners, or any three or more of them, are hereby impowered and authorized to administer an Oath to all such Witnesses, for the purposes within this Ordinance produced for either party, and also to call before them any such other person or persons, which they in their discretion shall think fit and requisite, for the better information of themselves in the truth of the premises; which persons shall also be examined upon Oath, to testifie the truth of their knowledges upon such Interrogatories as the said Commissioners, or any three or more of them shall administer, and their Sayings and Depositions therein shall cause to be set down in writing, and shall and may send for in Custody, such persons as refuse to come upon Summons, and commit them, and all such as refuse to be examined, until they submit themselves, and shall also have power to crossexamine any other of the Witnesses of such persons as are called before them, to give a perfect Accompt of such moneys as they have received as aforesaid. And if it shall appear upon the examination of such Witnesses, that the persons so imployed in receiving Rents, Issues and Profits of the premises, or any of them, have any of the said moneys remaining in their hands, or cannot give a good and just Accompt how they have disposed thereof, according to the intent and true meaning of the said Act; then the said Commissioners, or any three or more of them before whom the said Accompt was taken, shall and may order and require such person or persons in whose hands there remains any sum of money received out of the Revenues before mentioned and not lawfully disposed of, to pay the same into the hands of such Treasurer or Receiver, as the said respective Commissioners shall nominate and appoint for that purpose, which Treasurer or Receiver shall within three moneths pay in the same into His Highness Exchequer at Westminster.

The Accompts of such as fail to pay, shall be certified into the Exchequer.; Power to give Discharges.

And if any person or persons so charged with any money upon their Accompts as aforesaid, as due to the Commonwealth, shall refuse or neglect to pay in the same within one moneth, unto the said Treasurer or Receiver as aforesaid, that then the said respective Commissioners shall certifie such Accompt into the said Exchequer at Westminster, to be proceeded upon according to the course of Accompts, for other Accompts there. And if it shall appear that any person called to an Accompt by vertue of this Ordinance, hath made a true and perfect Accompt, and that nothing remains in his hands due to the Commonwealth, or His Highness the Lord Protector, in right of the Commonwealth; then the said several and respective Commissioners within their several Limits, are authorized to give Discharges and Exonerations for the future ease and freeing such person or persons from any further Accompt, trouble or vexation, for or by reason of his receiving or intermedling with the Rents, Tythes, or other Revenues aforesaid; which Exoneration may be pleaded and made use of upon all occasions, in bar of any farther Accompt, either in the Court of Exchequer aforesaid, or elsewhere.