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under His Royal Sign Manual shall be first had and obtained. And His Majesties further Pleasure and express Command is, That all Officers and Souldiers do take strict Care that no Violence or Injury be offered to any of His Majesties Subjects, either in their Persons or Estates, Nor any kind of Disorder committed or suffered within the several Quarters; And for the better prevention of all abuses of this kind, His Majesty doth hereby require all and every His loving subjects, when, and as often as they shall receive any kind of injury or abuse from any of the Souldiers under His Majesties Pay, forthwith to make their complaints unto the Officer, or Officers, under whom such Souldiers shall serve, which officer upon such complaint made shall immediately relieve the complaint, or otherwise, wherein the case shall so require, deliver up the Offender to the Civil Magistrate, to be proceeded against according to Law: And if upon such Complaint made, the complainants shall not find a present satisfaction and redress, or a delivery of the Offender as aforesaid, That then they cause Information thereof to be given to some Justice of the Peace, who shall take the same upon Oath, and certifie it unto one of His Majesties Principal Secretaries of State, to the end the same may be brought before His Majesty, who will graciously vouchsafe to hear the matter himself, And not onely give the Petitioner a full and ample relief, But likewise severely punish the Officer who shall be found to have been negligent in his Duty, or shall suffer any just Complaint to pass without a due and timely redress. And it is His Majesties Pleasure, That this Proclamation be set up, and remain affixed in all Market Towns within this Kingdom.

"Given at Our Court at Whitehall, the Fourth day of December, in the Four and Twentieth Year of Our Reign, 1672.

"God save the King."

( XV. )

Chapter IV., par. 46.

ROYAL WARRANT AND ORDERS THEREUNDER FOR DISCHARGING ALL POPISH RECUSANTS FROM THE ARMY IN 1678.

(1.) "CHARLES R.,

"MOST deare and most intirely beloved sonn, wee greet you well. Wee have thought fitt, and doe hereby signifie unto you our will

XV.]

from the Army in 1678.

Romish Re

455 and pleasure, That you forthwith give order for the displaceing and turning out of their respective Imployments, not onely Order about out of our Guards of Horse and Foot, but also out of other turning out our established Land Forces, as well Regiments as not cusants. Regiments in this our Kingdome, and in our Isles of Guernsey and Jersey, and Towne of Berwick-upon-Tweed, respectively, all and every such Officers and Soldiers as are Popish Recusants, or have not returned such Certifficates as the Law requires of such Officers and Soldiers within the time limited for the same. And soe we bid you most heartily farewell.

"Given at our Court at Whitehall, the 1st day of November, 1678. "By His Majesty's command,

"To our most deare and all intirely beloved son, James Duke of Monmouth, Capt.-Gen., &c."

"J. WILLIAMSON."

(2.) "JAMES, DUKE OF MONMOUTH, &C.

"In pursuance of His Majesty's Pleasure and Commands, signified to mee by his letter beareing date the first day of this instant, November, You are hereby required (notwithstanding any former orders) not to muster any Officer or Soldier that is a Popish Recusant, or that hath not returned such Certificates as the Law requires of such Officers and soldiers within the time limited for the same; and this order you are to observe, not only in the mustering of His Majesty's Guards of Horse and Foot, but also of all other His Majesty's Established Land Forces, as well Regimentes as not Regimentes within the Kingdome of England, the Towne of Berwickupon-Tweed, and the Isles of Jersey and Guernsey, respectively.

"Given under my hand the 2nd day of November, 1678.

"To Henry Howard, Esq., and Sir Cecil Howard,

Knight, Commissaries Generall of the Forces."

1 Fifty similar letters were sent to officers commanding regiments or companies -vide Miscell. Bk., 515, p. 80, et seqq.

( XVI. )

Chapter IV., par. 59.

EXTRACT FROM THE RULES, ORDERS, AND INSTRUCTIONS FOR THE FUTURE GOVERNMENT OF THE OFFICE OF ORDNANCE, ANNO REGNI 35 CAR. II. REGIS. 25 JULY, 1683.

1

A ROYAL Warrant under Royal Sign Manual of Charles R., countersigned by Sir L. Jenkins, confirmed these rules, with this preface and in these terms:

"Right trusty and well-beloved commander [George Lord Dartmouth, We greet you well. Whereas we have taken into Our princely consideration and care the great consequence and necessity of preserving the state of Our artillery, munition, arms, and of all other the habiliments and equipage belonging to the magazine royal, within the office of Our Ordnance, which hath heretofore, with much providence and wisdom of Our predecessors, been instituted, endowed, and supported, as a member highly importing the safety and defence of Our dominions, as well by sea as land. We have therefore thought it requisite and necessary, for the better conservation of Our said office, and for the good of Our service therein, that Instructions should be forthwith drawn for the government of the office of Our Ordnance, under Our MasterGeneral thereof, expressing as well the particular and proper duties of each principal officer severally, as the common duties of them jointly, in the general management of Our said office, with the duties likewise of each inferior officer, minister, and attendant thereunto belonging. And forasmuch as you have, in obedience to Our commands, presented to us a book containing the following rules and instructions for Our allowance, We, having taken the same into Our consideration, have thought fit to approve, ratify, and confirm the same, and do hereby declare Our will and pleasure to be that the said Instructions be and remain the established Rules for the future government of the Ordnance. And Our Will and Pleasure further is, and We do hereby strictly charge and require you to govern yourself and Our office and officers under you,

1 From the Earl of Devonshire's Case, 11 Cok. Rep. 90 a, the office of Master of the Ordnance appears to have been newly created by Letters Patent of 35 Henry VIII., when Thomas Lord Seymour was appointed Master.

XVI.]

Ordnance Rules, 1683.

457

according to the literal sense and true intent and meaning of the said Instructions. And if any of Our principal officers shall misdemean themselves in the just execution of these instructions, either in their respective duties or in their common actings, to Our damage or disservice, or in neglect or disobedience to you in the discharge of their duty to Us, then and in such cases you are to suspend any of the said principal officers so offending, and to acquaint Us therewith, and the nature of the offence, that Our will and pleasure may be further signified for removal or final deprivation of his or their employment, if We shall so see cause or think fit."

The Warrant then provides the Master-General with a "salary out of the ordinary of Our office," and it also settles all the salaries, allowances, and wages that are in like manner to be paid out of the Quarter Books.

The Rules and Instructions relate (1) to the government of the Ordnance under the Master-General,' committed to a Board of five principal officers, and (2) "for the inferior Officers under the chief Officers, which are Under Ministers, and attendants or tradesmen, and artificers."

A description is given of the duties of each Officer, and of each inferior Minister, from which these extracts are taken :

The Lieut.-General' of the Ordnance' (in the absence of the Master) was "to receive all letters, warrants, orders, &c., and impart them to the principal officers for execution. To keep a Minute Book, or Journal thereof; to consider (with the Board) all estimates or demands of money for stores, fortifications, or any other service, and to see that the estimates and contracts thereupon drawn be such as might be for the good of the service. To take care that the train of artillery in the Tower be fitted for motion upon any occasion, and that other marching trains in any Magazines in England be kept in good condition. To direct and oversee the practice of the Master Gunners, Firemasters, Gunners, and Fireworkers, and to acquaint the Master of the Ordnance therewith. To give directions in writing under his hand for the shooting off of great Ordnance at the Tower upon extraordinary occasions. To see that all Officers, inferior Ministers, &c., did their duty."

The Surveyor-General1 was "to survey all Stores and pro

1 It was held, in 1742, that an officer in the Army could accept either of these offices without vacating his seat, under the 6 Anne, 33 H. D. (O.S.) 1169; but not that of Surveyor-General.-Q. 8-8455, Army and Navy Expenditure, 1849,' p. 608.

2 This office, and that of Clerk of the Deliveries, were abolished subsequently to 1828, and in consequence of the recommendations of the Finance Committee of that year.-Ibid.

visions of war in the charge of Our Storekeeper. To see the several species of Stores distinguished and placed for their preservation. To take care that all Labourers, Artificers, and Workmen, be strictly kept to their labours and duties, and not to suffer any person (without cheque) to be absent, or loyter, or to make bad or slight work, or to misemploy, waste, or embezzle any stuff or stores. To see that the person appointed Clerk of the Cheque do keep a particular account of the dayly and weekly work. To survey, and make proof of all Ordnance, Powder, Small Arms, and all other emptions and provisions of war, and not to suffer any Stores to be received in which are not good and serviceable, and also duly proved and marked with Our mark. To Το peruse and allow all Bills demanding payment of moneys for goods delivered into Our Stores, or for works and services done, and to allow only those under his hand that are agreeable to warrants, contracts, or receipts. By himself, or some of his sworn clerks (by him appointed) to assist at the taking of all Accompts and Remains, and to survey all Stores, of what nature or kind soever, returned into Our Magazines from any of Our Ships, Castles, Forts, Captains, Gunners, or any other person or persons to whom the same were formerly issued before Our Storekeeper, be chargeable therewith, and distinguish the good and serviceable from the repairable, and the repairable from the utterly unserviceable. When any Works, Buildings, or Repairs in and about Our Fortifications, or for other Our services are to be undertaken, to compute and calculate the charge thereof, and carefully to examine that they be well and sufficiently done, whether undertaken by the great, daywork, or upon any other contract or agreement, and when finished to measure and certifie the same. To keep two Counter or Cheque Books, by way of Journal and Leidger of the Receipts, Issues, Returns, and Remains of all Our Stores of what nature soever chargeable upon or accountable for by Our Storekeeper, in the same method and manner as is by Us enjoyned and prescribed to be kept by our Storekeeper."

The Clerk of the Ordnance was "to keep a Book of all orders and instructions given for the government of the office, and to record all patents and grants, and the names of all Officers, Clerks, Artificers, Attendants, Gunners, and others, who enjoy the said grants, or any fees for the same. To keep a Journal Book of the entries of all Warrants and Orders for services to be done, provisions to be made, or supplies to be sent, and all directions and significations thereupon given, and to keep the originals thereof for the justification of the office, and discharge of the Storekeepers. To draw all estimates for provisions to any of Our Ships, Forts, Castles, or Garrisons, or for any other Our services to be undertaken in and by Our said office,

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