AN ORDINANCE For the Continuance and Maintenance of the ALMS-HOUSES & ALMS-MEN CALLED POOR KNIGHTS, AND OTHER Charitable and Pious Uses, Whereof the late DEAN and CANONS of Windsor were Feoffees in Trust.

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ORdered by His Highness the Lord Protector and the Council, That the Ordinance [Entituled, An Ordinance for the Continuance and Maintenance of the Alms-Houses and Alms-Men, called Poor Knights, and other Charitable and Pious Ʋses, whereof the late Dean and Canons of Windsor were Feoffees in Trust] being passed by His Highness the Lord Protector, with the Consent of His Council, on Saturday the Second of September, 1654. be Printed and Published.

Hen: Scobell, Clerk of the Council.

London, Printed by Henry Hills and Iohn Field, Printers to His Highness. MDCLV.

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AN ORDINANCE FOR THE Continuance and Maintenance of the Alms-Houses, and Alms-Men, called POOR KNIGHTS And other Charitable and Pious Vses, Whereof the late Dean and Canons of Windsor were Feoffees in Trust.

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 Vse or Vses 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 [Page 30] and Bell-ringer, a Porter belonging to Windsor Castle; and also of Four Scholars, whereof two in the Vniversity of Oxford, and two in the Vniversity 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 Vses 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 alowed 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 Vse, payable out of any of the said Premises, should be and continue to be paid and alowed 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: Since which Act His Highness be­ing informed and fully satisfied, That the [Page 31] 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 Vses, with which the same were formerly chargeable; And His Highness resolving to continue, settle 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 Esq Provost of Eaton Colledge, Major General Skippon, Colonel George Fleet-wood, Cornelius Holland, Symon Mayn, Esqs; sir William Roberts Knight, Christopher Whitch­cot Esquire, sir John Thorowgood of Kensington, Edward Cresset, William Trumbel, Thomas Wood, Esqs; Doctor Thomas Cox, Nicholas Lockier, Nathaniel Ingelo, Fellows of Eaton Colledge; The Major 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 [Page 32] 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 Governor of the said Alms-Houses, and of the Members, Goods, Lands, Tenements, Revenues and Hereditaments 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 Alms-Houses 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, as 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 [Page 33] 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, S. Maries Plimstock, Sampford, Spyny, Plympton, Mary Brigston, Broadwinch, Ottrey, S. Mary Northam, Ipplepen, South-Mowl­ton and Ilsington, 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 Icorn 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 Alcamings 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 Ambroshbu­ry, Titcomb, Froxfield and Stapleford, in the said County of Wilts, or by what other Name or Names soever the said Rectories 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 [Page 34] 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 Vses 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, & 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 & their Successors, by the same name, shall and may have power, and are hereby authorized 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 [Page 35] or exceeding the Term of the 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, necessary, or profitable for the said Incorpora­tion, and the Charitable and Pious Vses aforesaid, in as full and ample maner 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 Vses aforesaid, other then such acts and things as are hereafter appointed to be done and perfor­med by a greater number of the Governors.

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 before-mentioned, 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 [Page 36] arising out of the Premises respectively, unto 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.

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 Arrerages as aforesaid: And if any the said Tenants refuse to pay such Arrerages 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, [Page 37] 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 elswhere, 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.

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 Vses, 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 & 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'd Officers in the Army, and are now [Page 38] 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 dis­satisfied with the present Government) in the said Alms-Houses, 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.

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 New-Windsor, 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, Chappel-Clerk, Sexton, Clock-keeper and Bell-ringer, and Porter, as they shall sinde 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 [Page 39] from time to time as they shall think fit, to be sent to the Vniversities aforesaid; And are hereby further authorized to make such Alow­ance 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 Alms-Houses, as the Rents, Revenues and Profits any way arising from the Premises can any ways bear or be charged with.

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 so 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 Sir Peter Lemeir and Sir Francis Crane touching the Premises, and to require the same to be done and settled accordingly; And to make such Laws, Orders and De­crees for the Settlement thereof, not deroga­tory to the Government hereby established, as [Page 40] 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 Maintenance 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.

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 Vses 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.

And for that also it is the true intent and meaning of His Highness, that the said Cha­ritable and Pious Vses 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 [Page 41] 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 Eleven hundred eighty six pounds thirteen shillings and five 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 Vses, 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.

Thursday the Fifteenth of February, 1654.

ORdered by His Highness the Lord Protector and the Council, That the Ordinance [Entituled, An Ordinance for the Continuance and Maintenance of the Alms-Houses and Alms-Men, called Poor Knights, and other Charitable and Pious Ʋses, whereof the late Dean and Canons of Windsor were Feoffees in Trust] being passed by His Highness the Lord Protector, with the Consent of His Council, on Saturday the Second of September, 1654. be Printed and Published.

Hen: Scobell, Clerk of the Council.

London, Printed by Henry Hills and Iohn Field, Printers to His Highness. MDCLV.

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