Sepeember, 1654
[2 September, 1654.]
Elizabeth 5.; What Soldiers shall have benefit hereby.;
How such Soldier being sued shall be relieved.
Whereas there are divers Soldiers who have served the Parliament and this Commonwealth in these late wars, some of which
are men that used Trades, others that were Apprentices to Trades,
who had not served out their times, and others who are apt and
fit for Trades; many of which, the Wars being now ended, would
willingly imploy themselves in those Trades they were formerly
accustomed unto, or which they are apt and able to follow and
make use of, for the getting of their Living by their labor and
industry, but are hindered from exercising those Trades in
certain Cities, Corporations, and other places within this Commonwealth, because of certain By-laws and Customs of those places;
and of a Statute made in the fifth year of the late Queen
Elizabeth, prohibiting the use of certain Trades by any person
that hath not served as an Apprentice to such Trades by the
space of seven years: For remedy whereof, and to the end that
those persons that have adventured their lives for the safety and
preservation of this Commonwealth, might not be deprived of a
means of livelyhood in the places where they now do, or hereafter
shall reside and inhabit; 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, & be it
hereby Ordained, That all such Soldiers which have been
imployed in the service of the Parliament & Commonwealth
either in England, Scotland or Ireland, or in any of the
Dominions of the same, by the space of four years, at any time
since the year of our Lord God, One thousand six hundred
forty two, and before the third of September, One thousand six
hundred and fifty one, and have not since revolted to the late
Kings party, or deserted the Service of the Parliament, or that
have served by the space of two years in the Wars in Scotland or
Ireland, in the service of the Commonwealth of England, since the
said third day of September, One thousand six hundred fifty one,
and before the first day of this instant moneth of August, One thousand six hundred fifty four; and that have heretofore used or
exercised any Trade before that time, or that were Apprentices
to any Trade though they did not serve out the time of their
Apprentiship; or any other person imployed as aforesaid in the
Service of the Parliament and Commonwealth, that is apt and
able to practice any Trade, may set up and exercise such several
and respective Trades, Mysteries or Occupations, whereunto he
or they have been bound Apprentice, and served any part of his
or their Time, or any Handicraft or other Trade exercised about
Manufactures, though he was never bound Apprentice to the
same, in any City, or Town Corporate, or in any other place
whatsoever within this Commonwealth, where they or any of
them do or shall reside and inhabit, without any Suit, let or
molestation of any person or persons whatsoever, for or by
reason of the using of such Trade. And if any such Soldier or
Soldiers shall be Sued, Impleaded or Indicted, in any Court
whatsoever within this Commonwealth, for using or exercising
any such Trades as aforesaid, then the said Soldier or Soldiers
making it appear to the same Court where they are so Sued,
Impleaded or Indicted, that they have served the Parliament
and Commonwealth in the late Wars as aforesaid, shall upon
the General Issue pleaded, be found not guilty, in any Plaint,
Bill, Information or Indictment exhibited against them; and
such persons, who notwithstanding this Ordinance, shall
prosecute their said Suit by Bill, Plaint, Information or
Indictment, and shall have a Verdict pass against them, or
become non-suit therein, or discontinue their said Suit, such person
or persons shall pay unto such Soldier or Soldiers double Costs
of Suit, to be recovered as any other Costs at Common Law
may be recovered: And all Judges and Jurors, before whom
any such Suit, Information or Indictment shall be brought; and
all other persons whatsoever, are to take notice of this present
Ordinance, and shall conform themselves thereunto, Any Statute,
Law, Ordinance, Custom, Usage or Provision to the contrary in
any wise notwithstanding.
What Soldiers shall not take benefit hereby.
Provided, that this Ordinance, shall not extend to any such
Soldier that hath been, or shall for any misdemeanor hereafter
be cashiered out of the Army: And that no Soldier shall have
the Benefit of this Ordinance, that shall not prove his service as
aforesaid, either by a Certificate under the Hand and Seal of
some Field-Officer, and two Commission Officers of the Regiment
wherein he served, or some General Officer of the Army,
certifying his knowledge of the service aforesaid; and the said
Certificate to be proved by one witness at least to be a true
Certificate; or for default of such Certificate, by the Oaths of
Two credible persons at least.