Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
Recital of 14.(13 & 14) Car. II. c. 8
Reasons for passing this Act.; Rules by which the Commissioners under the said Act are to proceed.
Whereas His Majestie hath beene gratiously pleased (in and by an Act Entituled An Act for destribution of Threescore thousand pounds amongst the truely loyall and indigent Commission Officers and for assessing of Offices and destributeing the moneyes thereby raised for their further supply) to enact and appoint the said summe of Threescore thousand pounds together with the Proceed of the said Assessment of Offices to be destributed as hereinafter is expressed that is to say amongst such truely loyall and indigent Officers who have had a reall Command of Soldiers according to their severall Coo[m]missions and who have never deserted His Majestie nor His blessed Fathers Service dureing the late times of Rebellion and Usurpation and who have not a sufficient Livelihood of their owne, nor have since His Majesties returne obtained any Reward Office or Imployment sufficient for a livelyhood, For the better clearing and preventing of doubts and avoiding frauds in the execution of the said Act. it is thought fitt to prescribe certaine Directions whereby to proceed Be it therefore declared and enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the Commissioners appointed by and in the said Act shall proceede and act according to the Rules hereafter following.
Description of Officers allowed to have a real Command.
First The Officers allowed by the said Act to have a reall Command of Soldiers are these following and noe other viz Collonels Adjutant Generalls Quarter Master Generalls Scout Master Generalls Commissary Generalls Leiutenant Collonells Majors Captaines Leiutenants Cornets Ensignes Quarter Masters,
Number of Men under each Officer.
Secondly Each Colonel of Horse if he had a Regiment of Horse consisting of the number of One hundred and fifty each Captaine of Horse if he had a Troope of Horse consisting of the number of Thirty, each Colonel of Foote if he had a Regiment of Foote consisting of the number of Three hundred, each Captaine of Foote if he had a Company of Foote consisting of the number of Fortie, each Colonel of Dragoons if he had a Regiment of Dragoons consisting of the number of Two hundred, each Captaine of Dragoons if he had a Company of Dragoons consisting of the number of Thirtie,
What Officers shall be accounted truly loyal.
Thirdly Those Officers shall be accounted truely Loyall and not to have deserted who have faithfully served His late Majestie of blessed Memory and continued Loyall to the King that now is, and did not withdraw themselves from the said Service without sufficient cause to be allowed by the said Commissioners,
What persons deemed indigent.
Fourthly Noe person shall be deemed Indigent who hath either of his owne or by His Majesties gift or otherwise such an Estate or Income as the said Commissioners shall adjudge to be a sufficient Livelyhood,
Proceedings when Certificates lost or invalid.
Fifthly If upon examination by the said Commissioners it shall be found that any Certificates have beene lost or that any of the said Certificates are invalid because not signed at a Publique meeting That then and in such Cases it shall be lawfull for the Commissioners aforesaid or any Nine or more of them then sitting in the StarChamber by vertue of the said Act to give releife to the parties concerned, And the said Commissioners shall be likewise hereby impowered to meete and adjourne de die in diem, any thing in the Act before mentioned to the contrary hereof notwithstanding,
Proceedings in respect of suspected Certificates, and Exceptions to Certificates.; Commissioners of Counties may examine upon Oath.
Sixthly If the said Commissioners sitting in the Star-Chamber as aforesaid or any Nine or more of them or the Commissioners of the respective Counties and places or any Three or more of them shall reasonably suspect that any Certificates have beene unduely procured or that they are otherwise insufficient The said respective Commissioners shall have power to examine Witnesses upon Oath (which said Oath they are hereby authorized to administer) And the said Commissioners of the Star-Chamber shall transmitt the Exceptions there taken against such Certificates together with the names of the persons excepting thereunto unto the Commissioners of the respective Counties and places or to any Three or more of them to be by them joyntly reveiwed and examined either by depositions taken before them upon Oath (which Oath they are hereby impowered to administer) or otherwise and their Opinions thereupon, As alsoe upon any of their former Certificates which shall be excepted against before them to be forthwith returned to the said Commissioners sitting in the Star-Chamber, and the same to be conclusive.
II. Limitation of Exceptions to Certificates.
Returns to be in Writing under Hand and Seal.
Provided alsoe And be it further enacted by the Authoritie aforesaid That noe exception shall be taken or admitted to any Certificate from and after the first day of October next ensueing, And alsoe that all returnes of Reviewes and Opinions thereupon shall be made in writeing under the hands and Seales of the respective Commissioners before the first day of November next ensueing.
III. Time within which Monies under the said Act are to be distributed.
Proviso for Colonel Roscarrock and other Officers and their Certificates.
And it is hereby further declared and enacted by the Authoritie aforesaid That all moneyes to be paid and destributed by this or the said recited Act shall be paid and destributed to the respective persons quallified to receive the same before the fower and twentyeth day of December next ensueing. Provided alwaies That noe thing either in the Act before mentioned or in this present Act contained shall extend or be construed to extend to the harme or prejudice of Edward Roscarrock Collonel of Horse Guy Molesworth Colonel of Horse Edward Molesworth Colonel of Foote John Low Leiutenant Colonel of Horse to Colonel John Stuart Captaine John Forsyth Captaine of Horse Mathew Carew Captaine of Foote in the Regiment of Sir Mathew Carew Walter Braems Captaine of Horse in the Regiment of Colonel Robert Hatton Thomas Gleadstone Captaine of Foote in the Regiment of Colonel John Scroope to deprive them or any of them of the benefit of the Act aforesaid by reason that their or any of their Certificates were not entred within the time appointed by the said Act, but that all and every of the said persons herein before mentioned who shall at any time hereafter before the Sixteenth day of August next deliver in their respective Certificates attested under the Hands and Seales of Five Commissioners to the Register appointed by the said Commissioners sitting in [the (fn. 1) ] Star-Chamber for receiveing of the same are hereby declared and shall be deemed and taken to have as good right to the benefit of the said Act as if their such Certificates had beene respectively entred and admitted within the time limitted as aforesaid, Any thing in the said Act to the contrary hereof in any wise notwithstanding.