Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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[26 March, 1644.]
Earl of Essex to dispose 7,500 infantry into 7 Regiments. Divisions of the same.; £30,504 to be raised for payment of said Army, and for Arms etc., as hereafter mentioned.
Whereas the Lords and Commons assembled in Parliament, taking into consideration the necessity of speedy recruiting the Army under the immediate command of the Lord Generall, the Earle of Essex, have by an Ordinance of the first of this instant February, 1643. Entituled, An Ordinance for the present recruiting of the Army under the immediate command of the Earle of Essex, Lord Generall, Ordained That the said Army shall be forthwith recruited, unto the number of seven thousand five hundred foot, besides Officers, and three thousand horse, besides Officers; and shall consist of seven Regiments of foot, and six Regiments of horse with a suitable Train of Artillery: and to that end have ordained, that the summe of twenty thousand pounds be forthwith provided out of the Excise, or elsewhere, and paid to the Treasurer of War, for the purposes aforesaid; And do further by the said Ordinance declare, that they intend suddenly to settle a constant pay for the said Army, and that upon the recruiting thereof, care shall be taken for the regulating and reforming thereof. In pursuance of which Ordinance the Lords and Commons now assembled in the Parliament, taking the same into their serious consideration, have ordained, and be it ordained by the said Lords and Commons That the said Earle of Essex shall dispose of the said 7500. foot-souldiers into seven Regiments, whereof one Regiment, which is to be the Lord Generalls Regiment, shall consist of 1500. souldiers, and shall be divided into Twelve Companies; and each of the other six Regiments shall consist of one thousand souldiers a peece: and every of the six Regiments shall be divided into eight Companies, and no more; And the said three thousand horse shall be disposed into six Regiments, every of which Regiments shall consist of five hundred Troopers, besides Officers and be divided into six Troopes; whereof the Collonels Troope shal consist of one hundred Troopers, besides Officers, and each of the other five Troopes of fourscore Troopers a peece, besides Officers: And it is further ordained by the said Lords and Commons, that the summe of 30504. l. shall be raised and paid in manner and form as is hereafter mentioned, for the maintenance and payment of the said Army, being recruited, disposed, and regulated as aforesaid, the traine of Artillery, Reformado Officers, Intelligences, and other charges incident to the said Army: and for provision of Armes and Ammunition for the Kingdome for the space of foure Moneths, to commence from the twentieth day of March, 1643. accompting 28. dayes to the Moneth; that is to say, The summme of two thousand pounds shall be Monethly paid out of the Monies that come in at Habberdashers-Hall, upon the twentieth part, or otherwise, for the time aforesaid; and that there shall be Monethly charged and levied upon the Cities of London and Westminster, the Hamlets of the Tower, the Borough of Southwarke, and all other Parishes and places within the Lines of Communication and weekely Bills of Mortality, the sum of six thousand nine hundred sixty two pounds and foure shillings
Upon the County of Middlesex without the said limit, the sum of one thousand ninety seven pounds and eleven shillings.
And that the sum of twenty thousand foure hundred forty foure pounds and five shillings being the Residue of the said sum of thirty thousand five hundred and foure pounds, shall be Monethly paid out of the Excise for the time aforesaid, whereof eighteene thousand nine hundred fourty pounds and five shillings shall be for payment of the said Army, and one thousand five hundred and foure pounds, being the Residue of the said sum shal be imployed for the provision of the Armies and Ammunition for the Kingdome. And this Ordinance shall be sufficient Warrant, as well to the Committee at Habberdashers-Hall, as to the Commissioners of Excise, to pay unto Sir Gilbert Gerrard, Bar. Treasurer at War, the said severall summes of money, and to advance the same by way of loan, and to pay themselves again out of the growing profits thereof: and that the said severall summes of money may be duly raised, levied, and paid, as hereafter is directed, Be it further ordained by the said Lords and Commons, that the persons hereafter named, shall be Committees for the Cities, Countie, and Places aforesaid; That is to say For the Citie of London, and the Liberties thereof, the Lord Major and Aldermen onely, and such as they shall nominate; And the Lord Mayor and Aldermen of London, and six such persons of every of the Sub-Committees for the Militia within the Lines of Communication and weekly Bills of Mortality, as the said severall and respective Committees shall nominate and appoint for this service, and the former Committees named in the Ordinance for the last two Moneths Assessment for the City of Westminster, Burrough of Southwarke, Hamlets of the Tower, and other places within the Line of Communication and weekly Bills of Mortality, without the City of London and Liberties thereof, shall be Committees for the said City of Westminster, Burrough of Southwark, Hamlets of the Tower, and the other places aforesaid without the City of London and the Liberties thereof: And for the County of Middlesex, without the limits aforesaid:
Names of Committees.; When and where to meet.; Directions to Committees.
Sir Henry Vane, Knight, Sir Gilbert Gerrard, Baronet, Sir Edward Barkham, Knight and Baronet, Sir Thomas Fowler, Knight and Baronet, Sir Richard Sprignall, Baronet, the Lievtenant of the Tower of London for the time being, Sir Iohn Danvers, Sir Iohn Franklyn, Sir Iohn Hepisley, Sir Iames Harington, Sir William Roberts, Knights, Laurence Whittacre, Iohn Huxley, Thomas Wilcox, Iohn Morris, Richard Downton, Iohn Browne, Clerk of the Parliament, Iustinian Paget, and Thomas Swallow Esquires, shall be Committees: Which said severall and respective Committees of the severall and respective Cities, Countie, and places aforesaid, shall within two dayes next ensuing the publication hereof, meet together at some convenient place, in every of the said Cities, Countie and places, and afterwards seven of them at the least, shall twice in every weeke at the least, meet at such convenient places as they shall thinke fit, for the more speedy execution of this Ordinance: And the said respective Committees are hereby required and authorised, at the dayes and places of their first meetings, to divide and apportion the severall summes of money, appointed by this Ordinance to be levied for the maintenance of the said Army upon the severall and respective Wards, Divisions, Hundreds, Lathes, and Wapentakes within the severall Cities, Countie, and places aforesaid, according to the usuall proportions and divisions of Rates in the said places; and likewise shall, and may there agree to divide and sever themselves for the better execution of this Ordinance, into such Wards, Hundreds, places and divisions within their respective Cities, Countie and places, as to them shall seeme expedient. And to take to their assistance for the more speedy execution of the said service in their severall divisions, such able and sufficient persons as they shall think fit, and to assemble and meet as often as to them shall seem good, and forthwith the said Committees, or any two or more of them respectively, are hereby authorized and required, to direct their Warrants to such number of persons as they shall thinke fit within their severall and respective divisions, to be Assessours of the said Rates, which said persons are hereby authorised and required to assesse all and every person and persons, having any reall or personall estate within the limits, circuits and bounds of their respective divisions, according to the Rate and proportion in this Ordinance mentioned.
Assessment to be according to Ord. of 4 May last.; To ensure fair Assessment Assessors to deliver two Copies of Assessments to Committees and Collectors respectively.; Power to Committees to appoint Collectors.; Allowance to Collectors and Clerks.; Collectors' Powers on refusal to pay.; Difference arising between Parties distrained and distraining to be settled by Committees.; Persons that remove their Goods to avoid Tax to be imprisoned and suffer sequestration. Tenants to pay rates and deduct Landlord's share from rent.; Landlords to give receipts. for whole Rents, as if without deduction.; Penalty for refusal.; Committees to settle differences between Landlords and Tenants.; Moneys to be paid in to Treasurer at War.
And be it further ordained by the said Lords and Commons, that the severall sums of Money before mentioned, and all other summes which shall be hereafter assessed or taken upon the severall Cities, County, and Places aforesaid, shall be assessed and taken both for Lands and goods, upon such persons and estates, and in such manner and forme as is directed for the weekly Assessment, in an ordinance of Parliament, of the fourth day of May last intituled, An Ordinance of both Houses of Parliament, for the speedy raysing and Levying of money, for the Maintenance of the Army raysed by the Parliament, and other great affaires of the Commonwealth, by a weekly Assessment. And to the end the said rates be equally and indifferently assessed, and the monies duly collected, and true Accompt thereof made; The said assessors are hereby required, within six dayes after such Assessment made, to deliver two Coppies of their respective Assessements, fairely written and subscribed by them, unto the said respective Committees, or to any of them, whereof one to remaine with the said Committee, and the other to be delivered to the Collectors, with Warrants to Levie the said monies. And the said severall Committees or any two of them are hereby respectively authorised from time to time, to nominate one or more sufficient and honest persons in every division or alotment, to be Collectors of the said monies so assessed and rated, which said Collectors are hereby authorized and required to Collect the said monies so assessed: And the said Committee or any six of them are hereby authorised to allow and pay unto the said respective Collectors, two pence in the pound for their paines in Collecting the said monies; and one penny in the pound to their Clerkes for their paines in faire writing the said assessment. And if any person shall refuse or neglect to pay any summe of money, whereat he shall be rated or assessed, that then it shall or may be lawful to and for the said Collectors or any of them to Leavie the summe so assessed by distresse and sale of the goods of such persons so refusing, or neglecting to pay, deducting the summe assessed, and the reasonable charges of distrayning, and restore the over-plus to the Owner thereof; and to breake open any House, Chest, Trunke, Box or other thing, wherein such goods are, and to call to their assistance any of the Trained Bands, or any other Forces within the Cities, Countie, and Places, where any resistance shall be made, or any other person or persons whatsoever; which said forces and persons are hereby required to be ayding and assisting in the Premises, as they will answer the contrary at their perils. And if any question of difference happen upon the taking such distresse betweene the Parties distrained and distraining, the same shall be ended, and determined by the said Committees or any two of them, and the said severall Committees or any two or more of them, are hereby authorized and required to use such other wayes or meanes for the speedy Leavying of the said assessments, as to them shall be thought fit. And if any person or persons shall purposely convey his or their Goods or other personall Estate whereby the summe of Money so assessed cannot be Leavied according to this Ordinance, then the said respective Committees or any two of them are hereby authorized by themselves, or such other persons as they shall appoint to Imprison the persons, and to Sequester the Estate of every such person, for the advancement of the said service, and the Tenants of all houses and lands which shall be rated by vertue of this Ordinance, are hereby required and authorised to pay such summes of money shall be rated upon every such house and Lands, and to deduct out of their rents so much of the said rates, as in respect of the Rents of every such Houses and Lands the Landlords should or ought to pay or beare; and the Landlords both mediate and immediate, according to their respective Interest, are hereby required to allow such deductions and payments upon the Receipt of the Residue of their Rents, and to give acquittances for the whole Rents as if no deductions had beene made. And if any Landlord shall refuse to make such allowance or deduction, or to give such acquittances, then the respective Committees for the Sequestrations in the Cities, County, and places aforesaid upon proofe therefor made before them, are hereby authorised, for every time they shall so refuse, to seize and sequester for the service aforesaid one full halfe yeares Rent payable to such persons so refusing, allowing out of the same, the summe of money so paid by the Tenant as aforesaid; And if any difference shall arise betweene Landlord and Tenant, or any other concerning the said Rates, the said severall Committees, or any two of them in their severall Divisions, have hereby power to settle the same as they shall think fit; And the said Collectours and every of them are hereby required from time to time, to pay such summe and summes of money as shall be by them Collected by vertue of this Ordinance to the said Sir Gibert Gerrard, Treasurer at Warres.
One Month's Assessment to be paid to said Treasurer on or before 17 April, 1644.; And further, assessments to be paid to him once each month thereafter.
And be it further Ordained, that the severall and respective Committees, in the severall Cities, County and places aforesaid, shall and are hereby required, to cause one Moneths assessement according to this ordinance to be assessed, leavied, collected, and paid unto the said Sir Gilbert Gerrard, at or before the seventeenth day of Aprill, 1644, which said Moneths assessement shall be reckoned as the first Moneths pay for the said Army, due out of the said Cities, County and places aforesaid by vertue of this ordinance. And the said severall Committees are hereby re quired to take speciall care that the said monethly assessements be constantly leavied, collected, and paid to the said Sir Gilbert Gerrard, Treasurer at Warres, once in every moneth after the said seventeenth day of April, during the continuance of the Terme mentioned in this Ordinance, accounting 28 dayes and no more to each Moneth.
Four Commissioners for Army.; Allowance of 20s. per day to said Commissioners.
And be it further ordained by the Lords and Commons, That foure fit and able persons shall be elected to be imployed as Commissioners from both Houses of Parliament, and the said Cities and County aforesaid, to be constantly abiding in the said Army, which persons shall be elected and nominated by the House of Commons, Which said Commissioners so appointed to attend the Army shall have each of them the summe of twenty shillings for every day they shall attend the said service, to be paid by the said Cities of London and Westminster, and the County of Middlesex and places aforesaid.
Rate to be levied for payment thereof
And to that purpose it is further ordained by the Lords and Commons, that the said severall Committees hereby nominated, or any sixe of them in the respective Cities, County, and places aforesaid shall have power, and are hereby authorized to impose a rate upon the said severall and respective Cities, County, and places aforesaid, for the payment for the said allowance of twenty shillings by the day to the said Commissioners to be assessed, levied and collected, as the other assessement in this ordinance mentioned is to be assessed, levied and collected.
Instructions to said Commissioners.; Earl of Essex to admit them to his Counsel.
And be it further Ordained, That the Commissioners appointed to reside in the Army shall take speciall care that they keepe constant correspondence with the two Houses of Parliament, or with such as they shall nominate, and with the respective Committees of the respective Cities, County, and places aforesaid; And that they take such course, that no Commander or Officer shall receive any pay, but such as duly attend their charge; And it is desired that the said Earle of Essex doe admit to his counsell for the purposes aforesaid, the said Commissioners residing in his Army, to advise with them, and arme them with power to view and examine the Musters of the said Army, and to take such course as shall be thought most fit for the preventing of dead Payments, false Musters, free quartering without Warrants, Plundring, seizing of Horses, selling, spoying, or imbezelling of Horses or Armes, and for the avoyding of any other misdemeanour which may turne to the prejudice of the Common-wealth; And that the said Commissioners shall once in fifteene dayes certifie the state of the Army, and give an accompt of their proceedings unto the Parliament or to such Committees as they shall appoint for that purpose; And shall likewise certifie what further Instructtions shall be agreed upon by the Counsell of Warre touching the same; And whereas since the beginning of this Warre, great and unnecessary waste hath beene made of Horses and Arms, by the negligence and abuse of Souldiers, whereby the Kingdome will become unable to continue Tillage, and to recruite the Armies, unlesse some speedy provision be made to prevent the same.
Captains to make good all Horses and Arms lost by them, unless they can prove them lost in service.; Proviso.
Be it further ordained, That the Captaines both of Horse and Foote out of the pay due to themselves and their Company are to make good all the Horses, and Horse-armes, and Foot-armes that shall be lost and imbezilled by them, or any under their command, unlesse they can make it appeare that they were lost in service against the enemy; Provided that no Officer shall be obliged to make good the Armes or Horse of any Souldiers that shall runne away from their Colours, if the said Officers shall within twenty foure houres after the departure of such Souldier give notice thereof to the Commissioners residing in the Army to the end speedy course may be taken for their apprehending and punishment.
Committees to punish all that refuse or neglect their duty in execution of this Ord.; Fines
And be it further Ordained by the said Lords and Commons, That if any person or persons shall wilfully neglect, or refuse to performe his duty in the due and speedy Execution of this present Ordinance, the said respective Committees, or any five of them, have hereby power to impose upon such person or persons so refusing or neglecting their duties such Fine or Fines as to them shall be thought fit, and cause the same to be levied by distresse and sale of goods in manner and forme aforesaid; Provided, That no Fine to be imposed upon any of the said Committees, shall not for any one Offence exceed the summe of forty shillings; And that no Fine to be imposed upon any Assessor, Col lector, or other person to be employed by the said Committees in the said service, shall for any offence exceed the summe of forty shillings. And that no privileged place or person within the Cities, County and places aforesaid, shalbe exempted from the said assessements and Taxes.
Committees to give account of their doings to Parliament.
And be it further Ordained that the said severall and respective Committees and every of them, shall from time to time give a true and perfect accompt of all their doings and proceedings in the execution of this Ordinance to the two Houses of Parliament, or to such persons as they shall appoint.
Penalty for buying or taking in pawn horse or arms of Soldiers.
And it is further Ordained that if any person or persons, shall buy or take to pawne or receive any of the Armes, or horse, belonging to any Common souldier or Officer under the degree of a Coronet or Ensigne, that such person or persons shall forfeite such Armes and Horse, and treble the value of such Armes and Horse and shalbe imprisoned by the space of twenty eight dayes without Baile or mainprize. And the Lord Generall is hereby enabled by himselfe or such as he shall appoint, if it be within the quarters of this Army, and the deputy Lievtenants, and Justices of the peace, and Committees of Parliament or any one of them in their respective Limits shall have power and are hereby authorised to examine the fact and upon proof thereof to see this clause, duly executed.
All Officers to respite part of their pay till the War be ended.; Lord Generall and said Commissioners to see that all directions concerning the Army be put in execution.; Officers now without employment to be used for time being as Reformado Officers.; Provision for such officers.
And it is further Ordained by the said Lords and Commons that every Captaine both of horse and foot, and every other inferior and superior Officer, or other in the said Army, whose pay comes to ten shillings a day or above shall take but halfe the pay due to him, and shall respit the other halfe upon the publique faith untill these unnaturall Warres be ended, and every Officer or other that is to have five shilling a day or above, and under ten shillings, shall accept of two thirds of the pay due to him, and shall respit one third part upon the publike faith untile these unnaturall Warres shall be ended, and when there is three moneths pay due to any of them, or more, a certificate thereof from the said Earle, shalbe sufficient to demand the said Moneyes oweing upon the publique faith as aforesaid; And it is ordained that the Lord Generall be desired, and the said Commissioners are hereby required and injoyned to see the Articles touching the mustering and payment of the Army, and concerning Horse, Arms, and ammunition, and all such further directions as from time to time concerning the Army, and the affaires therof shall be recommended to their care by one or either House of Parliament, be duly observed, and to take care that the Country be not charged with free quarter, and whereas the army now under the immediate command of the Lord Generall doth consist of many more Regiments both of Horse and Foote, and consequently of more Officers than can have imployment as the army is to be reduced by this Ordinance; by means whereof divers Commanders and Officers, who are very worthy and desirous of the service, cannot at present have imployment according to their qualities, for whose support and maintenance some competent provision is to be made, untill there shall be places and imploy ments for them. It is therefore ordained and declared by the Lords and Commons in Parliament and the Lord Generall is hereby authorized to entertaine such and so many of the said Officers as by the Lord Generall shall be thought fit and shall be by this occasion out of imployment, into the condition of Reformadoe Officers, and shall forme them under Command, into two troopes of horse not exceeding one hundred, in each troop besides Officers, in augumentation of the Lord Generalls owne Regiment; which Officers so formed, and attending the service, shall have such entertainements, and in such manner as is hereafter expressed that is to say, the said Officers respectively according to the quality of their late imployment, shall each of them respectively be paid, from time to time as the rest of the army is paid, one fourth part of his personall entertainement, according to the list or establishment of the Army, over and besides the ordinary pay of troopers, Harquebusheers, and one other fourth part of his personall entertainement according to the said list and establishment of the Army, shal be respited upon the publique faith, untill these unnaturall Warres be ended.
Army under Lord Essex's command to be subject to Parliament or Committee of both Kingdoms.; Proviso.
Lastly be it ordained and declared by the authority aforesaid, that this Army under the immediate Command of the Lord Generall the Earle of Essex, shal be subject to the Orders and directions of both Houses of Parliament, or the Committee of both Kingdomes, according to the Ordinance that doth establish that Committee. Provided alwayes that such rates and assessements as shall be made by vertue of this Ordinance upon any members, assistants, or attendants upon either of the Houses of Parliament, shall, before the same be leavied, be presented to the respective Houses, whose members, Assistants, or Attendants, shall be concerned therein respectively, and by such respective House allowed and approved of, any thing in this Ordinance to the contrary notwithstanding.