Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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[2 September, 1654.]
His Highness the Lord Protector being zealous to continue and establish all Works and Foundations tending to the advancement of Learning, or any other Charitable and Pious Use or Uses whatsoever; and more particularly the Charitable and Pious Work and Foundation of the Alms-houses, and Alms-men, called Poor Knights, and of certain necessary Officers, (to wit, a Minister, a Weekly Lecturer, a Register, a Chappel-clerk, a Sexton, a Clock-keeper and Bell-ringer, a Porter belonging to Windsor Castle; and also of Four Scholars, whereof two in the University of Oxford, and two in the University of Cambridge, and of preaching in the said Castle and Town of Windsor, and Relief of the poor there) in relation whereunto the late Dean and Canons of Windsor, were Feoffees in Trust of the Lands, Tenements and Hereditaments hereafter expressed for the Uses aforesaid: And His Highness taking notice, That the Commons of England in Parliament assembled, did by the late Act for Abolishing of Deans, Deans and Chapters, &c. and setling their Honors, Manors, Lands and Hereditaments in the actual seisin and possession of Sir John Wollaston and other Trustees in the said Act named and their Heirs, provide, That all and singular the Revenues, Rents, Issues, Fees, Profits, Sums of Money, and Allowances whatsoever, which before the First of December One thousand six hundred forty one, had been, and then ought to have been paid, disposed and allowed unto, and for the Maintenance of any Grammar-School or Scholars, or for or towards the Reparation of any Alms-house, or for any other charitable Use, payable out of any of the said premises, should be and continue to be paid and allowed as they were before the said First day of December One thousand six hundred forty one, Any thing in that Act to the contrary in any wise notwithstanding, as in and by the said Act, amongst other things, more at large it doth and may appear.
Who shall e Governors.; Incorporated.; The Name.; The Possessions.;Tenure.; Power to let Leases.; Common Seal.
Since which Act His Highness being informed and fully satisfied, That the Lands and Tenements hereafter expressed, so by the said Act vested in the said Trustees, are yet still charged and chargeable with the said charitable and Pious Uses, with which the same were formerly chargeable; and His Highness resolving to continue, setle and establish for ever the said charitable and pious Work and Foundation, and likewise Governors for the better ordering, managing and disposing of the said Revenues to those charitable and pious ends and purposes, Hath by and with the consent of His Council Ordained, and it is Ordained by the Authority aforesaid, That the Lord Commissioner Whitlock, Lord President of the Council for the time being, Lord Wharton, Colonel Sydenham, Colonel Mountague, Colonel Mackworth, Colonel Jones, Francis Rous Esquire, Provost of Eaton Colledge, Major General Skippon, Colonel George Fleetwood, Cornelius Holland, Simon Mayn, Esquires, Sir William Roberts Knight, Christopher Whitchcot Esquire, Sir John Thorowgood of Kensington, Edward Cresset, William Trumbel, Thomas Wood, Esquires, Doctor Thomas Cox, Nicholas Lockier, Nathaniel Ingelo, Fellows of Eaton Colledge; the Mayor of Windsor for the time being, Matthew Day, William Mills, Thomas Chapman Alderman of the said Town of Windsor, Richard Winch, Alexander Hays, Gentlemen, or any five or more of them, and such others whose usual places of habitation shall be at New-Windsor or Eaton, or within thirty Miles of the same, which shall from time to time for ever hereafter be nominated and chosen in and to the places and steads of such of them as shall decease, or for just cause be removed by the most part of them which then shall be Governors, to be and succeed in the place and places of him or them deceasing, or so being removed, shall and may be Governors of the said Alms-houses, and of the Members, Goods, Lands, Tenements, Revenues and Heredita ments of the same, at all times for ever hereafter: And the said Governors and Alms-houses shall for ever hereafter stand and be incorporated, established and founded in Name and in Deed of a Body Politique and Corporate, to have Continuance for ever by the Name of The Governors of the Almshouses of Windsor Castle, and that the said Governors may have a perpetual Succession for ever; And that they and their successors may for ever hereafter have, hold and enjoy, and to all intents and purposes, and shall from henceforth and for ever stand and be actually seized and possessed of the Structures, Messuages, Lands, Rents, Revenues, Profits Tenements and Hereditaments hereafter mentioned, The said Act for abolishing of Deans, Deans and Chapters, &c. or any other Law or Statute to the contrary notwithstanding; That is to say, the Structures or Alms-houses called The Poor Knights Lodgings in Windsor Castle, with all Rooms, Out-yards, Gardens, or any other the Appurtenances thereunto belonging, in as large and ample maner, to all intents and purposes whatsoever, and the said late Dean and Canons, or any person or persons claiming by, from or under them, did or might enjoy the same; and also of and in the several Rectories and Parsonages, with all and singular their and every of their Rights, Members and Appurtenances, Lands, Tenements and Hereditaments whatsoever hereafter expressed; That is to say, all those the Parsonages or Rectories impropriate of St. Jermans, Upwimborn, All-Saints, Wimborn, Franckfaln, Shaw, Plimpton. St. Maries Plimstock, Sampford, Spyny, Plympton Mary Brigston, Broadwinch Ottrey, St. Mary Northam, Ipplepen, South-Mowlton and Islington, lying and being in the several Counties of Cornwal, Dorset and Devon, some or one of them; and all that the Rectory or Parsonage impropriate of Aberguilly in the County of Carmarthen; all that Rectory or Parsonage impropriate of Mara alias Llangarth, in the County of Brecon; and all that the Rectory of Icom in the County of Glocester; and all that the Rectory of East-Beachworth in the County of Surrey; and all that the Rectory or Parsonage impropriate of Istleworth cum Twickenham, in the County of Middlesex; and all that the Rectory of Ikleton in the County of Cambridge; and all that the Rectory of Shiplake in the County of Oxon; and all those the several Prebends of Alcaunings and Urshfont, together with the Parsonage of Urshfont, in the County of Wilts, and certain Tythes belonging to the Prebend of Bedwyn, in the same County; and also all those the several Rectories or Parsonages impropriate of Ambreshbury, Titcomb, Froxfield and Stapleford, in the said County of Wilts, or by what other Name or Names soever the said Rectory or Parsonages and Premises respectively are called or known; together with all and every the Gleab-Lands, Tythes, Portions of Tythes, Fruits, Profits, Emoluments and Appurtenances whatsoever, to the said several Rectories, Parsonages and Premises respectively belonging, or in any wise appertaining or accepted, reputed or taken as part, parcel or member of them or any of them, late parcel of the possessions of the late Dean and Canons of the late Kings Free Chappel of S. George in New-Windsor, as Feoffees in Trust for the Uses aforesaid (Except all such respective parts and parcels of any the said Rectories, Parsonages, Lands, Tenements and Hereditaments as have been heretofore sold by the Contractors for Sale of Deans and Chapters Lands, and for which any the Purchasers have paid in the respective first Moyeties of their Purchase-Moneys) To be held for ever hereafter by the said Governors and their Successors, of His Highness the Lord Protector and His Successors, in free and perpetual Alms, absolutely acquitted, and for ever hereafter discharged of, and from all Assessments and Taxes whatsoever, ordinary and extraordinary, heretofore Granted by Parliament or otherwise, or by or upon any other pretence demanded or claimed; And that the said Governors and their Successors, by the same name, shall and may have power, and are hereby anthorized to Demise and Grant any of the before-mentioned Rectories, Lands or Premises (the said Alms-Houses and Places of Habitation heretofore designed and used for the said Poor Knights, or any of the Officers or Servants to the said Alms-Houses belonging within the Castle of New-Windsor aforesaid excepted) to any person or persons whatsoever, not being a Governor or Governors thereof, for or under, or not above or exceeding the Term of Twenty and one years in Possession, and not in Reversion; whereupon shall be Yearly reserved at least Three fourth parts of the true yearly value of the same, to be rated by a just Survey to be taken thereof within Ten years before every such Demise and Grant, and to take, require and purchase, and to sue and be sued, and to do, perform and execute, all and every other lawful act and acts, thing and things, good, neccessary or profitable for the said Incorporation, and the Charitable and Pious Uses aforesaid, in a full and ample manner and form, to all intents, constructions and purposes, as any other Incorporation or Body Politique or Corporate, fully and perfectly founded and incorporated may do: And that the same Governors and their Successors for the time being, or any Five or more of them, may make, have and use one Common Seal, such as they shall think fit, for the doing and confirming all and every thing and things, touching or in any wise concerning the said Incorporation, or the Charitable or Pious Uses aforesaid, other then such acts and things, as are hereafter appointed to be done and performed by a greater number of the Governors.
Tenants of the Premises to pay their Rents, &c. to the Governors.; Forfeitures for Non-payment.
And be it Ordained by the Authority aforesaid, That all and every Tenant and Tenants of the said Rectories, Parsonages, Messuages, Lands, Tenements and Hereditaments herein beforementioned, or any of them; and every person and persons claiming by, from or under them or any of them, shall henceforth pay the several Yearly Rents, Sums of Money, and other Annual Revenues and Profits arising out of the Premises respectively, into the said Governors and their Successors, or unto such person or persons as they shall appoint in the House called The Governors House or Lodgings in Windsor Castle, belonging to the Poor Knights, or such other place as shall be appointed by the said Governors or any Nine or more of them, at such days and times as the same shall respectively become due and payable; and in default thereof, to suffer all such Forfeitures for Non-payment, as either heretofore they were, or hereafter they shall be subject to by any Covenants, Proviso's, or Agreements made between them the said Tenants, and the said late Dean and Canons, or the said Governors and their Successors.
The Governors to receive all Rents since the last payment, and call Tenants to accompt for the Arrears.; For default of payment the Governors may take forfeitures, or bring an action for Debt.; Statute of Limitations shall not be pleaded.
And be it further Ordained by the Authority aforesaid, That the Governors and their Successors shall have, receive and take all such of the said Yearly Rents and Sums of money, and other Annual Revenues and Profits as became due and payable at any time since the last Payments thereof made, either to the said late Dean and Canons, or to the Parliament or any authorized by them to receive the same, testified by their lawful Acquittances respectively; and shall and may call to accompt all and every the Tenant and Tenants of the said Lands and premises, concerning any such Arrearages as aforesaid: And if any the said Tenants refuse to pay any such Arrearages unto the said Governors and their Successors, or unto such person or persons as they shall appoint, then the said Governors and their Successors, shall and may at their Election either take the aforesaid Forfeitures, or bring an Action of Debt against every such Tenant or Tenants, person and persons his and their Heirs, Executors and Administrators, in any of the Courts at Westminster or elsewhere, and recover the same with Costs and Damages; In which said last mentioned Action or Actions of Debt, no Defendant or Defendants shall be admitted to plead any Statute or Statutes of limitations of Actions, Any Law, Statute or Statutes to the contrary in any wise notwithstanding.
The Governors shall out of the Rents and Profits maintain the Almshouses, and govern them according to the Statutes.; Power to make Statutes, Rules and Orders.; Nine of the Governors may place persons in the Almshouses. What persons shall be placed there.; The Recommendation, Approbation or Consent of the Lord Protector shall be first had.
And be it Ordained by the Authority aforesaid, That the said Governors and their Successors, shall for ever hereafter, out of the Lands, Tenements, Rents and Revenues hereby established, maintain the said Alms-houses and the Members of every of them, and shall order, rule and govern the same according to such Statutes as are to be found amongst the Statutes of the late Dean and Canons of Windsor, touching or concerning the said Alms-houses, and other the said Charitable and Pious Uses, or by such other Statutes, Rules and Orders, as shall at any time be conceived and made by the said Governors, or any Five or more of them, under their Common Seal, for the better Rule and Government of the same, not being superstitious nor derogatory to the Government now established, nor repugnant to any the standing Laws of this Nation: And the said Governors and their Successors, or any Nine or more of them, are authorized and hereby enabled from time to time, to place such person or persons (as have faithfully served the Commonwealth as Commission-Officers in the Army, and are now out of Commission, and uncapable of doing Service, either by reason of Age or for want of some Limb lost in their Service; provided, that since their said service done for the Commonwealth, they have not acted any thing prejudicial to the Commonwealth, nor are dis-satisfied with the present Government) in the said Almshouses, in any place which now is, or hereafter shall be void, as they shall think most deserving: Provided always, That the Recommendation, Approbation or Consent of His Highness the now Lord Protector during his natural Life, and his Successors, for the placing of such person or persons respectively, be first had and obtained.
Power to remove Preachers for scandal, and to elect others.; Power to choose Register and other Officers.; Four Scholars.; To make Allowances and Repairs.
And be it Ordained by the Authority aforesaid, That the said Governors and their Successors, or any Nine or more of them, shall have power to remove any that now are, or hereafter shall be Preachers in the Town and Castle of NewWindsor, for Scandal or other just cause; and within Three moneths next after any of them so removed, or after the decease of any of them, to elect in the place of him or them so removed or deceased, such able, learned and godly Preachers, as they shall think most deserving; And shall from time to time choose such fit person or persons into the place or places of Register, Chapple-Clerk, Sexton, Clock-keeper and Bell-ringer, and Porter, as they shall finde able and honest, when they come to make an Establishment under their Common Seal: And the said Governors and their Successors, or any Nine or more of them, are hereby further authorized and enabled to, make choice of Four Scholars from to time as they shall think fit, to be sent to the Universities aforesaid; And are hereby further authorized to make such Allowances to the said Preachers, the said Four Scholars, the said necessary Officers and the said Alms-men, and so far to relieve and imploy the poor at work, and repair the Church or Chappel in Windsor Castle, and the said Almshouses, as the Rents, Revenues and Profits any wise arising from the premises can any ways bear or be charged with.
Five Knights added by the appointment of Sir Peter Lemeir and Sir Francis Crane, Knights.
And whereas His Highness is likewise informed, That Sir Peter Lemeir and Sir Francis Crane Knights, deceased, intended a further Addition of Five poor Knights or Alms-men to those formerly in Windsor Castle, did by their several last Wills and Testaments devise and give a certain Proportion of Land and Money for the Erecting of Five Houses, and competent maintenance for such additional Alms-men or Poor Knights to be established as aforesaid; Be it therefore Ordained by the Authority aforesaid, That the said Five Alms-men or Poor Knights so to be added, shall be of the Foundation, and under the Government and Rule aforesaid: And the said Governors, or any Five or more of them, are hereby authorized to call before them the Executors or Administrators, and all and every person and persons any way concerned in the execution of the Wills of the said Sir Peter Lemeir and Sir Francis Crane touching the premises, and to require the same to be done and setled accordingly; and to make such Laws, Orders and Decrees for the Setlement thereof, not derogatory to the Government hereby established, as are agreeable to the Wills and Intentions of the said Sir Peter Lemeir and Sir Francis Crane, and most convenient and necessary for the Establishment and Mainten ance of the said Additional Alms-men or Poor Knights, and the same to certifie and return under the Hands and Seals of the said Governors, or any Five or more of them, into the Court of Chancery.
Lords Commissioners of the Great Seal to enforce due execution of the Orders and Decrees of the Governors.
And it is hereby Ordained, That the Lords Commissioners of the Great Seal of England for the time being, shall require and inforce the due execution and performance of the said Orders and Decrees, as in other Cases of Charitable Uses is usually done and performed.
And forasmuch as His Highness is informed and fully satisfied, That the Rectories, Parsonages, Lands, Tenements and Hereditaments, and premises before specified, after the expiration and determination of the several Estates and Terms of Years now in being, may be improved over and above the present Rents and Sums of Money reserved, due or payable upon any Demise, Lease or Grant now in being of the premises, which do in the whole amount unto the Sum of Eleven hundred Eighty six pounds thirteen shillings and five pence by the year:
The Overplus of the premises above 1086l. 13s. 4d. shall be disposed by His Highness with consent of the Council.
And for that also it is the true intent and meaning of His Highness, that the said Charitable and Pious Uses shall be fully satisfied and performed from henceforth and for ever, out of the Rents, Issues, Revenues and Profits of the premises, His Highness hath, by and with the Consent of His Council Ordained, and it is Ordained by the Authority aforesaid, That all and singular the Rents, Sum and Sums of Money, Issues, Revenues and Profits of all and every the Rectories, Parsonages, Lands, Tenements, Hereditaments and premises before-mentioned, over and above the Sum of One thousand Eighty six pounds thirteen shillings and four pence, wherewith the same premises stand charged to the Charitable and Pious Ends and Purposes aforesaid, shall be and remain from henceforth and for ever, at the onely Disposition and Appointment of His Highness and His Successors, to such Uses, Intents and Purposes as His Highness, with the Assent of His Council, shall from time to time limit and appoint, Any thing in this present Ordinance contained to the contrary in any wise notwithstanding.