August 1644: An Ordinance for the Associating the Counties of Wilts, Dorset, Somerset, Devon and Cornwall, and the Cities of Bristoll and Exeter, and the Town and County of Poole. And for the putting them into a Posture of Defence.

August 1644

[19 August, 1644.]

Whereas Papists and other wicked and ill-affected persons have traiterously combined together, and entred into Association, and have raised, and daily doe raise, great forces both of Horse and Foot in severall Counties of this Kingdome, and are now actually leavying warre in the severall and respective Counties of Wilts, Dorset, Sommerset, Devon and Cornwall, and in the Cities of Bristoll and Exon, and in the Towne and County of Poole, and have in all and every the said Counties, Cities and places miserably plundered, spoyled and destroyed multitudes of his Majesties good Subjects, and if not timely prevented will utterly subvert and destroy the true Protestant Religion, (which is their chiefest designe) the Lawes of the Land, the Priviledges of Parliament, and the Liberties of the subject; The Lords and Commons now in Parliament assembled, doe hereby Order and Ordaine, that the said Counties, Cities and places shall be associated, and that the Committees nominated and appointed by the late Ordinance of Parliament, of the first of July, 1644. for the severall and respective Counties, Cities, and places aforesaid respectively, appointed to put in execution the severall Ordinances of Parliament, in the said Ordinance mentioned and expressed and all Collonels, Lievtenants-Collonels, Captaines, and other Officers and all other well-affected persons, Inhabitants of the said Counties, Cities, and places, shall and may associate themselves, and mutually ayde, succour and assist one another in the mutuall defence and preservation of themselves, and of the peace of the said Counties, Cities, and places.

Now for the better carrying on of so necessary a work in such manner as by the said Ordinance, or this present Ordinance is or shall be limited and appointed, and for the raising of Moneys and Forces within the said Counties, and places, for suppressing the said Rebels there, and for the maintenance of all such Garrisons as are or shall be erected by authority of Parliament, for the better defence of the same.

Power to Committees of Associated Counties to execute former Ords.; Standing Committees.

The said Lords and Commons do Order and Ordain, and do hereby Ordain and Authorize the said Committees of the said Counties, Cities and places, respectively or any three or more of them, to put in execution within the said severall and respective Counties, Cities and places, the severall Ordinances of Parliament therein mentioned and expressed, and the Ordinance for voluntary Loanes and Contributions to the Parliament, And the Ordinance of the 29. of June, 1643. for the Administring of the Vow and Covenant appointed to be taken by every man throughout the whole Kingdome, according to the Instructions how and in what manner the same ought to be taken. And it is further Ordained, that in every of the aforesaid Counties, out of the severall and respective Committees, there shall be established by the severall and respective Committees, a standing Committee of five at the least in the respective Counties of Dorset and Cornwall, and of seven at the least, in the respective Counties of Wilts, Sommerset and Devon, and of three at the least in the respective Counties of Bristoll, Exon and Poole, to be alwayes resident in such part of the Counties, as the major part of the respective Committees of such County shall appoint; to advise and direct all things that they shall thinke fit for the good Government and safety of their respective Counties, in pursuance of any Ordinance or Ordinances of Parliament, and to take care and order, of all other affaires for the good and preservation of the respective Counties, Cities and places, according to the Orders, Ordinances, and directions of Parliament, who at the first meeting shall appoint a place of their sitting, and the persons that shall sit, and their turnes; provided that none of the said Committees shall be Injoyned to sit at one time above fourteen dayes together, except the Chair-men, who shall continually be one of the 7. 5. or 3. of the said standing Committee for the next fourteen dayes following.

Names of Committee for preservation of Associated Counties.; Treasurers.; Warrants.

And it is further Ordained and Declared, That Algernon Earle of Northumberland, Philip, Earle of Pembrooke and Montgomery; William, Earle of Salisbury; John, Lord Roberts; and Tho. Lord Bruce, and the Knights, Citizens, and Burgesses of the House of Commons for the severall and respective Counties, Cities, and places aforesaid, be a Committee for the preservation and safety of the said Associated Counties, Cities, and places, or any eight or more of them, shall from time to time have power to appoint Treasurers for the severall and respective counties, cities and places, who are hereby authorized to receive all such summes of Money as shall be lent, Assessed and collected within the said Counties, Cities and places respectively, and who shall from time to time issue out such moneys for the necessary uses of the said Counties, Cities and places respectively for the purposes aforesaid, according to such Warrant or Warrants, as any such Treasurer or Treasurers shall receive from the standing Committees of the respective Counties, Cities or places, or the major part of them.

Power to Committees to cut Timber on Sequestered Estates for Fortification of Counties.

And it is further Ordained, That the said Committees respectively, or any three or more of them, shall have power from time to time assigne, and by their severall Ministers and Officers, to cut and take sufficient Timber, standing, or being upon the Lands of Papists or Delinquents Estates, for the making of Fortifications in such Townes and places of any of the said Counties, Cities, and places respectively, as by any three or more of the respective Committees shall be thought fit, expressing the same by warrant under their hands.

Lists of able-bodied men from 16 to 60 to be delivered at stated times to Committees.; Also of Horses over four years old, and of arms etc., and their owners.; Exceptions.

And the said Lords and Commons, doe hereby Order and Ordaine that the Committees of the severall and respective Counties, Cities and places, or any three or more of them, shall forthwith after notice and receipt of this Ordinance, issue out their Warrants to the Constables, Churchwardens, and Overseers of the severall Parishes, or to any two or more of the most able and fitting persons within every respective parish, thereby requiring them at certaine times and places prefixt, to deliver unto them a List or schedule of the names of all persons within their severall and respective parishes, from the age of sixteen to sixty (being of ability of body) And of all Horses, Mares, and Geldings, above foure years of age, together with the Names of the Owners, and of all Armes, Guns, and other usefull weapons for the war, with the Names of the Owners of them, except such Horses, Men, and Arms as are now, or shall be hereafter listed in the Trained-Bands and Trained-Troops.

Power to Committees to appoint Officers for Forces thus raised.; Lord General to grant Commissions accordingly.; Power to Standing Committees to nominate Captains only.

And it is likewise Ordained, That the said Algernon Earle of Northumberland, Philip Earle of Pembrook, and Mountgomery, William Earle of Salisbury, John Lord Roberts, and Tho. Lord Bruce, and the Knights, Citizens, and Burgesses of the House of Commons of the Counties, Cities, and places aforesaid, or any eight or more of them, from time to time shall hereby have power to nominate and appoint all Collonels, LievtenantCollonels, Serjeant Majors, both of Horse and Foot, to bee over the Forces both of Horse and Foot, to be raised by vertue of this Ordinance, in the severall and respective Counties, Cities and places aforesaid; And the Lord Generall, or such as shall from time to time Command in Chiefe, in the said Associated Counties, Cities and places, are desired to grant Commissions to them accordingly, And that the severall and respective standing Committees in the said counties, cities and places, shall severally have power to nominate all Captaines, to be under the said Collonels and Lieutenant-Collonels, severally and respectively, which said Officers shall have Commissions as aforesaid.

Power to Committees and Officers authorised by them to raise Forces.; Officers' Powers.; Penalties for Defaulters, being Officers or Soldiers.; Penalty for other Defaulters.

And the said Lords and Commons, doe also hereby Order and Ordain, that the said Committees of the severall and respective Counties, Cities and places, and by the directions of the said Committees and not otherwise, all Collonels, LievtenantCollonels, Captaines and other Officers, made and appointed by vertue of this Ordinance, shall have power and authority in the severall and respective Counties, Cities and places aforesaid, to raise forces both of Horse and Foot; And the said Officers shall have power according to the course of War, to lead them unto any place which shall be fitting and convenient, and to give battell, and to fight with all such Forces as are, or shall be raised without Authority of both Houses of Parliament, or doe make Insurrections, Plunder, and destroy his Majesties good Subjects, or leavy War against the Parliament, and them to invade, resist, suppresse, subdue and pursue, kill and slay, and put to execution of death, and by all means to destroy as enemies to the Kingdom, either by Water or by Land, observing from time to time, such other directions and commands, as they shall receive from both Houses of Parliament, the Committee of the two Kingdomes, or the Lord-Generall, or in his absence the Commander in chief Resident upon the place. And if any Officers or Souldiers of the Trained-Bands, or Troops, or other Forces of Horse or Foot raised, or at any time to be raised, shall refuse or neglect upon summons according to this or other Ordinances of Parliament, to attend their charges and duties in their severall and respective places, or to appeare with their Horse or Arms, or to send some other able man with Horse or Arms, as they are, or shall be charged withall; every such defaulter, for every such offence, shall be fined by the said respective standing Committees, or the major part of them, not exceeding the summe of Ten pounds, and by them imprisoned untill the said fine be satisfied, and paid. And if any person or persons, in the said severall and respective Counties, that shall be charged by the said severall and respective Committees, or any two or more of them, to serve with the Armes, of any person or persons charged to finde Arms or Horse, do, or shall refuse, or neglect to appeare at Musters or to serve upon such Horse, or with such Arms, he or they so refusing or neglecting, shall by the said Committees, or any three, or more of them, be fined at their discretions, not exceeding the summe of forty shillings for every such offence, and by them be imprisoned, untill the said fines be satisfied and paid, and the person or persons so refusing, have conformed themselves unto the said service.

Penalty for attempt to disturb proceedings of Committees.

And it is further Ordained, That the Committees of the severall and respective Counties, or any three, or more of them, may imprison all such as shall make any attempt, or do any act tending to the disturbance of the proceedings of the respective Committees, or the peace of the said Counties, Cities, and places, and them may fine, not exceding the summe of twenty pounds upon every offendor, every such offendor to remain in prison untill he hath satisfied and paid the said fine.

Power to take vehicles and horses, and at what rates.; Penalty for refusal to provide carts, etc.

And that it shall be lawfull for the said Committees or any two of them, in their severall and respective Counties, to charge carts, carriages, and horses, for the necessary service of the Parliament, allowing every cart with five horses after the rate of twelve pence per mile outward onely, and so rateably for more or fewer horses; and for every single horse, after the rate of two pence per mile outwards onely: every wilfull neglecter, or refuser, to provide his cart, carriages, or horses, to be made use of for the service aforesaid, to be imprisoned by any three of them, or to be fined at the discretion of the said Committees, or any three of them, not exceeding the summe of ten pounds.

Collectors' and Treasurers' Allowances.

And it is hereby Ordained, that the standing Committees in the severall counties, cities, and places, shall give such allowance to the Collectors, Treasurers, and other Officers for the collecting, bringing, and paying out of the moneys, by vertue of any the forementioned Ordinances, as by the severall and respective Ordinances is ordered, limited, and appointed. And in case in any of the said Ordinances, no provision is made for the same, The said standing Committees respectively, or the major part of them shall allow six pence in every twenty shillings, and no more, to be disposed of to such Collectors, Treasurers, or other Officers, and in such proportion, as they, or the major part of them shall think meet.

Treasurers to keep Accounts.; Power to Standing Committees to advance and borrow moneys, and give Warrants for repayment by Treasurers.; Treasurers neglecting such Warrants to have such sums as they were made for levied on their estates by distress.; Penalty for Treasurers and Collectors that neglect to levy sums assessed.; Forces not to leave Counties where raised without proper consent.; Committees, Treasurers etc., that refuse to take Covenant to be disabled.; Committees to tender Covenants.; None to be Officer or Commander without taking Covenants.

And the said Treasurers are hereby required to keep a perfect accompt of all such moneys as they shall receive and pay by vertue of this, or any of the Ordinances aforesaid, and to deliver copies monethly of their said accompts, unto the standing Committee of their said severall and respective Counties; And it is hereby further Ordained, That the standing Committee of the severall and respective Counties, or the major part of them, shall have power and authority to advance by way of loan, or borrow, any sum or sums of money, for this service and other necessary charges, tending to the safety and preservation of the said Counties, Cities, and places, and for the security of any persons that shall lend any money for the uses aforesaid, to give them Warrants under their hands, or the hands of three of them at least, to receive the same again of such Treasurer or Treasurers, to whom such Warrant or Warrants shall be directed, who shall upon the sight of this Warrant, or a copy thereof left with him, detain so much of the moneys, which he or they shall receive as aforesaid, to discharge the said Warrant; and if such Treasurer or Treasurers, shall not accordingly stop, and detain so much money which he hath or shall next receive, to satisfie the person or persons; the money so lent as aforesaid, upon proofe thereof made to the said standing Committees respectively; the said Committees, or the major part of them, shall under their hands, give Warrants to the high Constables of the Hundreds, where such Treasurer or Treasurers dwell, or have estates, or to such other person or persons as they shall think fit, to leavy so much money as the Warrant or Warrants were made for, of the Goods and estate of the Treasurer or Treasurers by way of distresse and sale of the Goods, to the use of the person or persons, so lending as aforesaid. And in case any Treasurers or Collectors, shall refuse or neglect to leavy, or receive the sums of money to be assessed by vertue of any the Ordinances before mentioned, it shall be lawfull for the said Committee, or any three or more of them, of the severall and respective Counties, to Fine any the said persons so offending, not exceeding the sum of twenty pounds to be leavied upon them, by way of distresse and sale of their Goods, and by such person or persons as shall be appointed by the Committees of the said respective Counties, or by any three of them. And it is further Provided, That the Forces raised, and to be raised by vertue of this Ordinance, shall not be carried out of the said severall and respective Counties, wherein they are, or shall be raised, without the consent of the said standing Committees of the severall and respective counties, or the greater part of them, or without particular directions of Parliament, or of the Committee of both Kingdomes, appointed for the ordering and directing all matters concerning the War, by Ordinance of both Houses of Parliament: Provided neverthelesse, That if any of the Committees of any of the respective counties, and places, or the Treasurers, Collectors, or other Officers appointed, or to be appointed for, in, or about the execution of any the said Ordinances afore-mentioned, or of this present Ordinance, shall refuse or neglect to take the Vow and Covenant appointed by the said Ordinance of the 29. of June 1643. or the late Nationall Covenant appointed to be taken by every person in the three Kingdomes of England, Scotland, and Ireland, being thereunto required by the respective Committees, or any three or more of them; that then they shall from thenceforth stand disabled, to do, or execute any thing, as one of the Committees; and that they shall not be admitted to any of the Committees aforesaid, or to do, or execute any thing or things in the execution of the said Ordinances: And the said Committees of the severall and respective Counties, are to tender the said respective Covenants, to all and every person or persons appointed, or to be appointed for the execution of this present Ordinance, or any the Ordinances aforementioned in the said Ordinance of the first of July, 1644. expressed and recited: And that no person or persons whatsoever, be admitted or allowed to be an Officer or Commander in the said service of the said respective Counties, unlesse they shall first take the said Vows and Covenants before the respective Committees, or any three or more of them.

Power to Committees to take account of musters.; Captains to make good horses and arms lost by them unless in active service.; To give lists of men, etc., under them.; All Officers to respite part of pay till War be ended.; No free quarter.

And it is further Ordained, That the Committees of the said Counties, or any three or more of them respectively, shall hereby have power and authority from time to time, to demand and take accompt of all Musters that shall be made by the severall Commissaries; and all Captaines, both of Horse and Foot, are to make good to the said Committees, all the Horses, horse arms, and foot arms, that shall be lost, or imbezelled by them, or under their Commands, unlesse they can make it appeare they were lost in service against the enemy: And the said Captaines are enjoyned to give a list under their hands to the said respective standing Committees, of all men, horse, and arms, raised, or to be raised by the said associated Counties, and under their command: And that every Captaine, both of horse and foot, and every other superiour or inferiour Officer, whose pay comes to ten shillings a day, or above, shall take but one halfe the pay due unto him, and take the publike Faith for the other halfe, untill the War be ended. And every Officer whose pay commeth to five shillings a day, or more, and under ten shillings a day, shall accept of two parts of three of such pay due unto him, and respite the other third part upon the publike Faith untill the War be ended: And when there is three moneths pay due to any of them, a Certificate thereof under the hands of the said Committees of the respective Counties, or any three of them, shall be a sufficient warrant to such Officer, to demand and receive the said moneys owing, upon the publike Faith, as aforesaid. And it is likewise Ordained, That no free quarter shall be taken in any the said associated Counties: And if any forces shall take free quarter, every officer is to have but one third part of the present pay due to him for so long time as he or they have had, or shall have free quarter; and every common foot souldier but half pay, and every common horseman or trooper, fourteen pence a day: And the residue of their pay is to be reserved for payment of their quarters, and to be employed for the purposes above mentioned.

Twenty-one of Committees appointed July 1, 1644. To assemble when they will, for better execution of Ord.

And it is likewise ordained, That twenty one or more of the Committees appointed the first of July, 1644. as aforesaid, whereof of the Counties of Wilts, Dorset, Somerset, Devon and Cornwall, three at least of every the said Counties respectively, and two or more of the County of Pool, shall hereby have power to assemble themselves together in any place within any part of the said Counties, as often as they shall think fit, to advise and direct all things that they shall conceive fit for the more speedy and effectuall execution of this Ordinance in all or any of the said counties, cities and places.

Power to secure Malignants and Delinquents, and to eject scandalous and malignant Ministers and Schoolmasters.

And be it likewise Ordained, That the Committees of the said severall and respective Counties, or any three or more of them respectively, shall have power to secure the persons of all dangerous Malignants and Delinquents, being and residing in the said severall Counties. And that the select and standing Committees of the respective Counties, shall have power to call before them all Ministers and School-Masters that are scandalous in their lives, or ill-affected to the Parliament, or that have deserted their Cures or ordinary place of their residence, not having a sufficient ground for their absence; and that they, or the major part of them respectively, shall have power to Examine any complaints against them, upon the Oaths of such persons as shall or may be produced to give Evidence against them; And the said Committees respectively shall hereby have power to administer such Oath accordingly, and shall have power upon sufficient proof of their Delinquency, to remove such as they shall judge unfit for their places, and Sequester their Estates and Revenues, and to place others well qualified and Orthodox persons in their room, such as shall be approved by three or more godly and learned Divines residing in any of the said Counties, or any three or more of the assembly of Divines; and the said respective standing Committees have hereby power to make such allowance for the maintenance of such Ministers and School-masters as they shall thinke fit.

Standing Committees may appoint necessary Officers.

And be it Ordained, That the said select and standing Committees respectively, or the major part of them, shall have power to nominate and appoint Sollicitors, Collectors, and other Officers within the said Counties, for putting in execution of all and every the said Orders and Ordinances of Parliament, and of this present Ordinance.

Proviso.

Provided alwayes that this Ordinance shall not extend to the putting out of any the Treasurers, Solicitors or other Officers formerly appointed by the Committee of Lords and Commons, by vertue of the Ordinance of Sequestrations, or by any Ordinance for the execution of the said Ordinance or Ordinances for Sequestrations.

Power to call account on Oath such as have not made even payment of moneys received, and to fine them.; Further penalties on non-payment of fine.

And it is further Ordained, That the said standing Committees in the respective Counties severally, are hereby enabled and authorised to call to an accompt upon oath, all such person and persons of the severall and respective Counties, as have received any Moneys or Goods by colour, or authority of any Order, Ordinance, or Act of Parliament, which they have not made even payment of; And such as shall refuse to make accompt, or pay in the Money wherewith they are charged, then the said standing Committees of the severall Counties, Cities and places respectively, shall fine them double the sum charged upon them, which if it be not paid by such person or persons as shall be so charged and fined, within six dayes after demand by the respective standing Committees, or by order of the said standing Committees, the respective Committees or the major part of them, left at his or their houses or dwellings; the said Committees respectively shall give order for the distraining for the same, and if there be not sufficient distresse wherewith to satisfie; then the said standing Committees, or the major part, may imprison the offendor, and sequester his Estate, untill the money charged, and the fine set, be satisfied and paid.

Persons to be rated where their Estates are.; In case of Lands let, who is chargeable.; All rates imposed on Landlords to be paid by Tenants and defalked by them out of next Rents.; Indemnity.

And it is further Ordered and Ordained, by the authority aforesaid, That if any person or persons be overcharged by any Assessement in any of the respective Counties, Cities, and places aforesaid that then the standing Committees of the said respective Counties, cities, and places, or the major part of them, hereby have power to ease such person or persons overcharged, as in their discretions they shall think fit. And be it Ordained, That every person shall be rated for the estate he hath in each severall place, citie, and countie; and if his Land be let at neer the full value thereof such person to whom the rent belongeth, shall be solely chargeable therewith; but if it be set under value, the summe taxed shall be apportioned so, that the Lessee or Tenant, and he, or they to whom the rent belongeth, may bear their proportionable shares, as the assessor or assessors shall thinke meet: And it is also Ordained, That whatsoever summes of mony are or shall be set, or imposed by virtue of the aforementioned Ordinances upon any Land-Lords, or Lessors for, or in respect of any Lands, Tenements, and Hereditaments, held of them by any Lessees or Tenants, the same shall be paid by their severall and respective Tenants, which they shall deduct and defaulk out of the next rents payable by them, to their respective Lessors or Land-Lords; and for so doing the said Lessees and Tenants, their Heirs, Executors, Administrators, or Assignes, from, or against any Covenant, Grant, Condition, Writing Obligatory, matter of Record, or otherwise to the contrary, shall be saved harmelesse, and discharged by authority of both Houses of Parliament.

Counties not to be charged with maintenance of Forces outside limits of association.

And it is lastly Ordained by the authority aforesaid, That in case the said Forces, or any of them, shalbe commanded out of the bounds and limits of the said association, that the said severall and respective counties, cities, and places, shall not be charged with the payment of them, during the time of their absence, unlesse they march forth of the said countie with the leave and consent of the Select and standing Committee, for the time being, or the major part of them.