House of Lords Journal Volume 6
19 August 1644

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1767-1830

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'House of Lords Journal Volume 6: 19 August 1644', Journal of the House of Lords: volume 6: 1643 (1767-1830), pp. 675-680. URL: http://www.british-history.ac.uk/report.aspx?compid=37583 Date accessed: 31 July 2014.


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DIE Lunæ, 19 die Augusti.

PRAYERS, by Mr. Prophett.

Ds. North, Speaker.

Comes Northumb.
Comes Rutland.
Comes Sarum.
Comes Kent.
Comes Bolingbrooke.
Comes Denbigh.
Comes Stamford.
Comes Nottingham.
L. Viscount Say & Seale.
Comes Suffolke.
Ds. Berkley.
Ds. Bruce.
Ds. Willoughby.
Ds. Wharton.
Ds. Dacres.

Justice Bacon, Leave to be absent.

Ordered, That Mr. Justice Bacon hath Leave to go to his House in Norwich for a Month; in the mean Time, this House excuses his Absence.

L. Willoughby by took the Covenant.

This Day the Lord Willoughby of Parham took and subscribed the National Covenant.

Message from the H. C. with Ordinances, &c. and to expedite the One for associating the Western Counties.

A Message was brought from the House of Commons, by Mr. Wm. Strode, &c.

1. To desire Concurrence in several Orders, for dispatching Sir Wm. Waller into the West. (Here enter it.)

Read, and Agreed to.

2. To desire Expedition in the Ordinance formerly brought up, for associating the Western Counties.

3. To desire Concurrence in an Order for publishing the Ordinance for Martial Law. (Here enter it.)

Read, and Agreed to.

4. An Order, That no Lead, &c. should be sold by Commanders or Soldiers, without the Consent of the Committees in the County of Derby. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to all Orders now brought up; as to the Ordinance concerning the Western associated Counties, this House will take (fn. *) it into speedy Consideration, and send an Answer by Messengers of their own.

Lords to take the National Covenant.

Ordered, That all the Lords as are in Town, and do not sit in the House, shall have Notice to be in the Lord Keeper's Lodgings on Wednesday, at Nine of the Clock in the Morning, to take and subscribe the National Covenant; and the Earls of Kent, Rutland, and Bolingbrooke, or any Two of them, are to tender it to them.

Sir William Walles to go into the West.

Ordered, That Sir Wm. Waller shall forthwith march into the West, with a Body of Horse and Dragooners.

Orders for raising Troops, to join those under his Command.

Ordered, That Horse shall be forthwith taken up, in the Five Western associated Counties, for the present Expedition of Sir Wm. Waller; and that the Public Faith shall be given for Satisfaction, to such whose Horse shall be taken.

Ordered, That some Western Gentlemen, as well Members of Parliament as others, shall forthwith go into the West, to make Provision of Horse accordingly.

Ordered, That Sir Wm. Waller's Foot, when they shall be mounted, shall have the Pay, Officers and Soldiers, as Dragooners.

Kentish Recruits to be regimented.

Ordered, That the Thousand Men raised in Kent, upon the Ordinance of the 12th of July, shall be a Regiment; and that the rest of the Foot of that Association shall go for Recruits to Sir Wm. Waller; and it is referred to the Committee of that Association, to make the Charge proportionable in all these Counties, upon this Alteration.

Ordinance for Martial Law to be published.

"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners of the Great Seal be required forthwith to issue their Writs to the Sheriffs of London, and to the several and respective Sheriffs of all the Counties, Cities, Towns Corporate, and other Places, under the Power of the Parliament, requiring them forthwith to publish the Ordinance of Lords and Commons concerning Martial Law, in all the Counties, Cities, Towns Corporate, and other Places respectively, within their respective Jurisdictions."

No sequestrable Effects to be removed out of Derbyshire, without proper Authority.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That no Officer, Commander, or Soldier, or other Person whatsoever, under the Command, Protection, or in the Service, of the King and Parliament, do convert to his or their Use, or do remove or cause to be removed, out of the County of Derby, any sequestered or sequestrable Lead, Cattle, or other Goods whatsoever, without the Consent of the Committee there for Sequestrations, or major Part of them, first obtained, or by Order hereafter from both Houses of Parliament, as they will answer it at their Peril; and the Committee there for Sequestrations is to give public Notice hereof throughout the County."

Ordinance for associating Five Western Counties.

Next, the Ordinance for associating the Counties of Cornwall, Devon, Som'sett, Dorsett, and Wilts, was read Twice, and Ordered to be committed to these Lords following:

Comes Northumb.
Comes Kent.
Comes Rutland.
Comes Sarum.
L. Viscount Say & Seale.
Ds. Wharton.
Ds. North.
Ds. Bruce.

Any Three, to meet presently.

Serjeant Whitfield and Serjeant Fynch to be Assistants.

Message from the H. C. for a Conference on the Propositions for Peace;

A Message was brought from the House of Commons, by Sir Henry Mildmay.

1. To desire a present Conference, touching the Propositions for Peace returned from Scotland.

and with Ordinances, &c.

2. To desire Concurrence in divers Ordinances:

1. An Ordinance concerning the Earl of Manchester's Forces. (Here enter it.)

Read, and Agreed to.

2. An Order to pay Two Hundred and Fifty Pounds to Colonel Massy, out of Haberdashers Hall.

(Here enter it.)

Read, and Agreed to.

3. An Order concerning the Garrison of Warham.

(Here enter it.)

Read, and Agreed to.

4. An Order for adding Names to the Committee that is to meet with the Commissioners of the Church of Scotland. (Here enter it.)

Read, and Agreed to.

5. An Order concerning the Seal of Durham.

(Here enter it.)

Read, and Agreed to.

6. An Order concerning the disposing the Chambers and Goods of Delinquents in Lyncolnes Inn.

(Here enter it.)

Read, and Agreed to.

7. An Order to appoint Mr. Vynes to be Master of The Temple.

Respited.

8. An Order to add Names to be Deputy Lieutenants for the County Palatine of Durham; and for making Sir George Vane High Sheriff for the County of Durham.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House will give a present Conference, as is desired, in the Painted Chamber; that which concerns Mr. Vynes, this House will send an Answer by Messengers of their own; and to all the rest of the Particulars, this House agrees with them therein.

Ordinance for associating the Five Western Counties.

The Lord Wharton reported, "That the Committee have considered of the Ordinance for associating the Five Western Counties; and they think it fit to pass, with some small Alterations, which they offer to the Judgement of the House."

Then the House commanded the said Ordinance to be read, with the Alterations, and Agreed to.

Order for adding Committees Names for York, and indemnifying them for what they have already done.

Next, the Order for indemnifying Sir Mathew Boynton, and others that have done Service to the Parliament as Committees, and adding them to all Committees in the County of Yorke, was read, and Agreed to, with some Amendments; which is Ordered to be sent to the House of Commons, to desire their Concurrence in the said Amendments.

Ordinance for the due Payment of Tithes.

Also, the Lord North reported, "That the Committee have considered of the Ordinance for Payment of Tithes; and think fit it pass, with some Alterations, which they offer to the Consideration of the House."

Then the said Ordinance was read, with the Alterations, and Agreed to; and Ordered to be sent to the House of Commons.

Lord added to the Committee to meet with the Scotch Commissioners.

Ordered, That the Earl of Northumb. is added to the Committee of Lords, to meet with the Commissioners of the Church of Scotland.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Ordered, That this Conference shall be reported To-morrow Morning.

The Forces of the associated Counties of Essex, &c. to be under the E. of Manchester's Command.

"Resolved, &c.

"That all the Forces to be raised in the associated Counties under the Earl of Manchester, by virtue of the late Ordinance, shall be put under the Command of the Earl of Manchester.

"Resolved, &c.

"That the Forces to be raised in Hertfordshire, by virtue of the late Ordinance, shall be discharged of that Clause in the Ordinance that requires the Regiments to consist of a Thousand, or of annexing them to any other Forces to make them such a Regiment; and that they shall be disposed of as my Lord of Manchester shall appoint."

Order for 250£. to Colonel Massey.

"Ordered, &c. That the Committee at Habberdash'rs Hall do pay, out of the Monies that come in upon the Twentieth Part, Two Hundred and Fifty Pounds unto Colonel Massy, Governor of Gloucester, being Part of the Thousand Pounds formerly bestowed upon Colonel Massy."

Votes concerning the Garrison of Wareham.

"Resolved, upon the Question, &c.

"That Three Hundred Foot, One Company whereof to be under the Command of the Governor, and the other Two Companies under Two Captains, to be chosen by the Committees, may constantly be kept in Wareham, for the Defence and Preservation of that Town.

"Resolved, &c.

"That One of those Five Troops of Horse already raised in the County of Dorsett may be quartered in the Garrison of Wareham, and under the Command of the Governor.

"Resolved, &c.

"That the Garrison of Warebam be paid by the Committee of the Country proportionably with the rest of the Garrisons of that County.

"Resolved, &c.

"That Robert Butler Esquire be made Governor of the Town of Wareham."

Commitees added to the One to meet with the Scotch Commissoners.

"Resolved, upon the Question, &c.

"That Mr. Tate shall be added to the Committee appointed to meet with the Commissioners of the Church of Scotland, and to the Committee that is to sit with the Assembly of Divines.

"Resolved &c.

That Mr. Rouse be added to the Committee appointed to meet with the Commissioners of the Church of Scotland."

Bishop of Durham to deliver the County Palatine Seal.

"Ordered, That Sir Henry Vane Senior, Sir Wm. Allanson, Mr. Blakiston, and Mr. Whittacre, do forthwith repair to the Bishop of Durham, and require him, in the Name of both Houses, to deliver unto them the County Palatine Seal; and to return his Answer."

Order for disposing of the Effects of Delinquents in Lincolns Inn.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Benchers of Lincolnes Inne shall have Power to dispose and make Sale of the Chambers of Delinquents within that Inn of Court, and of the Goods therein, belonging to such Persons whose Chambers and Goods there ought to be sequestered, for the better Support of the Minister and Officers of that House, and for the Repair and other Charges of that House."

Deputy Lieutenants added for Durham.

"Ordered, by the Lords and Commons assembled in Parliament, That Sir Henry Vane Junior, Sir George Vane, Mr. John Brackenbury, Mr. Thomas Bowes, Sir Henry Gibb, Sir William Langley, Mr. James Clavering, Mr. Thomas Sanderson, Sir Richard Bellassis, Mr. Tymothy Whittingham, Mr. Thomas Shadforth, Mr. Thomas Lawrence, Mr. Christopher Fulthrop Senior, Mr. Clement Fulthrop, Mr. George Lylborne, are hereby added to the Deputy Lieutenants for the County Palatine of Durham."

Sir G. Vare, High Sheriff of Durham.

"Resolved, upon the Question, &c.

"That Sir George Vane shall be appointed High Sheriff of the County Palatine of Durham; and the Commissioners of the Great Seal are required to pass a Patent under the Great Seal accordingly."

(fn. *) "An Ordinance of the Lords and Commons assembled in Parliament, 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 of them into a Posture of Defence."

August 19, 1644.

Ordinance for associating the Counties of Wilts, Dorset, Devon, Cornwall, and Somerset.

"Whereas Papists and other wicked and ill-affected Persons have traiterously combined together, and entered into Association, and have raised, and daily do raise, great Forces both of Horse and Foot, in several Counties of this Kingdom, and are now actually levying War in the several and respective Counties of Wilts, Dorset, Sommerset, Devon, and Cornwall, and in the Cities of Bristoll and Exon, and in the Town and County of Poole, and have, in all and every the said Counties, Cities, and Places, miserably plundered, spoiled, and destroyed, Multitudes of His Majesty's good Subjects, and, if not timely prevented, will utterly subvert and destroy the true Protestant Religion (which is their chiefest Design), the Laws of the Land, the Privileges of Parliament, and the Liberties of the Subject: The Lords and Commons now in Parliament assembled do hereby Order and Ordain, 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 1st of July, 1644, for the several and respective Counties, Cities, and Places aforesaid, respectively, appointed to put in Execution the several Ordinances of Parliament in the said Ordinance mentioned and expressed, and all Colonels, Lieutenant Colonels, Captains, and other Officers, and all other well-affected Persons, Inhabitants of the said Counties, Cities, and Places, shall and may associate themselves, and mutually aid, succour, and assist one another, in the mutual 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 Monies 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, 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 several and respective Counties, Cities, and Places, the several Ordinances of Parliament therein mentioned and expressed, and the Ordinance for voluntary Loans and Contributions to the Parliament, and the Ordinance of the 29 of June, 1643, for the administering of the Vow and Covenant appointed to be taken by every Man throughout the whole Kingdom, 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 several and respective Committees, there shall be established, by the several 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, Somerset, and Devon, and of Three at the least in the respective Counties of Bristoll, Exon, and Pool, to be always 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 think 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 Affairs, 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 Turns; provided that none of the said Committees shall be enjoined to fit at One Time above Fourteen Days together, except the Chairman, who shall continually be One of the Seven, Five, or Three, of the said Standing Committee, for the next Fourteen Days following.

"And it is further Ordained and Declared, That Algernon Earl of Northumberland, Philip Earl of Pembrooke and Montgomery, William Earl of Salisbury, John Lord Roberts, and Tho. Lord Bruce, and the Knights, Citizens, and Burgesses of the House of Commons, for the several and respective Counties, Cities, and Places aforesaid, be a Committee, for the Preservation and Safety of the said associated Counties, Cities, and Places; [ (fn. *) and they,] or any Eight or more of them, shall, from Time to Time, have Power to appoint Treasurers for the several and respective Counties, Cities, and Places, who are hereby authorized to receive all such Sums 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 Monies 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.

"And it is further Ordained, That the said Committees respectively, or any Three or more of them, shall have Power, from Time to Time, to assign, and by their several 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 Towns 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.

"And the said Lords and Commons do hereby Order and Ordain, That the Committees of the several 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 several Parishes, or to any Two or more of the most able and fitting Persons within every respective Parish, thereby requiring them, at certain Times and Places prefixed, to deliver unto them a List or Schedule of the Names of all Persons, within their several and respective Parishes, from the Age of Sixteen to Sixty (being of Ability of Body); and of all Horses, Mares, and Geldings, above Four Years of Age, together with the Names of the Owners; and of all Arms, Guns, and other useful 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.

"And it is likewise Ordained, That the said Algernon Earl of (fn. *) Northumberland, Philip Earl of Pembrook and Mountgomery, William Earl 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 Colonels, Lieutenant Colonels, Serjeant Majors, both of Horse and Foot, to be over the Forces, both of Horse and Foot, to be raised by virtue of this Ordinance, in the several and respective Counties, Cities, and Places aforesaid; and the Lord General, or such as shall from Time to Time command in Chief in the said associated Counties, Cities, and Places, are desired to grant Commissions to them accordingly; and that the several and respective Standing Committees, in the said Counties, Cities, and Places, shall severally have Power to nominate all Captains, to be under the said Colonels and Lieutenant Colonels, severally and respectively, which said Officers shall have Commissions as aforesaid.

"And the said Lords and Commons do also hereby Order and Ordain, That the said Committees of the several and respective Counties, Cities, and Places, and by the Directions of the said Committees, and not otherwise, all Colonels, Lieutenant Colonels, Captains, and other Officers, made or appointed by virtue of this Ordinance, shall have Power and Authority, in the several 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 Battle, and to fight with, all such Forces as are or shall be raised without Authority of both Houses of Parliament, or do make Insurrections, plunder and destroy His Majesty's good Subjects, or levy War against the Parliament; and them to invade, resist, suppress, 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 Kingdoms, or the Lord General, or, in his Absence, the Commander in Chief resident upon the Place; and if any Officers or Soldiers 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 several and respective Places, or to appear with their Horse and 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 Sum of Ten Pounds, and by them imprisoned, until the said Fine be satisfied and paid; and if any Person or Persons, in the said several and respective Counties, that shall be charged by the said several and respective Committees, or any Two or more of them, to serve with the Arms of any Person or Persons charged to find Arms or Horse, do or shall refuse or neglect to appear 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 Sum of Forty Shillings for every such Offence, and by them be imprisoned until the said Fine be satisfied and paid, and the Person or Persons so refusing have conformed themselves unto the said Service.

"And it is further Ordained, That the Committees of the several 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 exceeding the Sum of Twenty Pounds upon every Offender, every such Offender to remain in Prison until he hath satisfied and paid the said Fine; and that it shall be lawful for the said Committees, or any Two of them, in their several 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 only, and so rateably for more or fewer Horses; and for every single Horse after the Rate of Two Pence per Mile Outwards only; every wilful 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 Sum of Ten Pounds.

"And it is hereby Ordained, That the Standing Committees, in the several Counties, Cities, and Places, shall give such Allowance to the Collectors, Treasurers, and other Officers, for the collecting, bringing, and paying out of the Monies, by virtue of any the forementioned Ordinances, as by the several 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; and the said Treasurers are hereby required to keep a perfect Accompt of all such Monies as they shall receive and pay by virtue of this or any the Ordinances aforesaid, and to deliver Copies Monthly of their said Accompts unto the Standing Committee of their said several and respective Counties.

"And it is hereby further Ordained, That the Standing Committee of the several 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 for 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 Treasurers or Treasurer to whom such Warrant or Warrants shall be directed, who shall, upon the Sight of the said Warrant, or a Copy thereof left with him, detain so much of the Monies, which he or they shall receive as aforesaid, to discharge the said Warrants; and, if such Treasurer or Treasurers shall not accordingly stop and detain so much Money, which he hath or shall next receive, to satisfy the Person or Persons the Money so lent as aforesaid, upon Proof 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 levy so much Money as the Warrant or Warrants were made for, of the Goods and Estate of the Treasurer or Treasurers, by Way or Distress 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 levy or receive the Sums of Money to be assessed by virtue of any the Ordinances beforementioned, it shall be lawful for the said Committee, or any Three or more of them, of the several and respective Counties, to fine any the said Persons so offending, not exceeding the Sum of Twenty Pounds, to be levied upon them by Way of Distress 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 be it further Provided, That the Forces raised, and to be raised, by virtue of this Ordinance, shall not be carried out of the said several and respective Counties wherein they are or shall be raised, without the Consent of the said Standing Committees of the several and respective Counties, or the greater Part of them, or without particular Directions of Parliament, or of the Committee of both Kingdoms appointed for the ordering and directing all Matters concerning the War, by Ordinance of both Houses of Parliament: Provided nevertheless; 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 aforementioned, 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 National Covenant appointed to be taken by every Person in the Three Kingdoms 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 several 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 1 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, unless they shall first take the said Vows and Covenants before the respective Committees, or any Three or more of them.

"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 several Commissaries; and all Captains, 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 embezzled by them, or under their Commands, unless they can make it appear they were lost in Service against the Enemy; and the said Captains are enjoined 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 Captain both of Horse and Foot, and every other superior or inferior Officer, whose Pay comes to Ten Shillings a Day or above, shall take but One Half the Pay due unto him, and take the Public Faith for the other Half until the War be ended; and every Officer whose Pay cometh 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 Public Faith until the War be ended; and when there is Three Months 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 Monies owing upon the Public 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 Soldier 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 abovementioned.

"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, who 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 effectual Execution of this Ordinance, in all or any of the said Counties, Cities, and Places.

"And be it likewise Ordained, That the Committees of the said several 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 several Counties; and that the select and Standing Committees of the respective Counties shall have Power to call before them all Ministers and Schoolmasters, 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 think fit.

"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 Solicitors, 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: Provided always, 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 virtue of the Ordinance of Sequestrations, or by any Ordinance for the Execution of the said Ordinance or Ordinances for Sequestrations.

"And it is further Ordained, That the said Standing Committees, in the respective Counties, severally, are hereby enabled and authorized to call to an Accompt, upon Oath, all such Person and Persons, of the several and respective Counties, as have received any Monies 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 several 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 Days 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 Distress wherewith to satisfy, then the said Standing Committees, or the major Part, may imprison the Offender, and sequester his Estate, until the Money charged and the Fine set be satisfied and paid.

"And it is further Ordered and Ordained, by the Authority aforesaid, That if any Person or Persons be overcharged, by any Assesment, 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 several Place, City, and County; and, if his Land be let at near the full Value thereof, such Person to whom the Rent belongeth shall be solely chargeable therewith; but, if it be set under Value, the Sum 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 think meet.

"And it is also Ordained, That whatsoever Sums of Money are or shall be set or imposed, by virtue of the aforementioned Ordinances, upon any Landlords, 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 several and respective Tenants, which they shall deduct and defalk out of the next Rents payable by them to their respective Lessors or Landlords; and, for so doing, the said Lessees and Tenants, their Heirs, Executors, Administrators, or Assigns, from or against any Covenant, Grant, Condition, Writing Obligatory, Matter of Record, or otherwise to the contrary, shall be saved harmless and discharged, by Authority of both Houses of Parliament.

"And it is lastly Ordained, by the Authority aforesaid, That in case the said Forces, or any of them, shall be commanded out of the Bounds and Limits of the said Association, that the said several and respective Counties, Cities, and Places, shall not be charged with the Payment of them during the Time of their Absence, unless they march forth of the said County with the Leave and Consent of the Select and Standing Committee for the Time being, or the major Part of them.

"20 August, 1644.

"Ordered, by the Commons in Parliament, That this Ordinance be forthwith printed and published.

"Henry Elsyng, Cler. Parl. D. Com."

Adjourn.

House adjourned till 9a cras.

Footnotes

* Origin. them.
* This Ordinance is printed, and bound in with the Original.
* Deest.
* Northumberband.