Pages 462-466
Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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July 1644
[3 July, 1644.]
The Lords and Commons assembled in Parliament, taking into their serious consideration the sad and manifold Oppressions and Miseries that now do threaten the utter Ruine and Desolation of this Kingdom in generall, and the Counties of Norfolk, Suffolk, Essex, Cambridge, Hertford, Lincoln, Huntington, The Cities of Norwich, Lincoln, and Counties of the same, and the Isle of Ely in particular; And how necessary a thing it is, that all men well-affected having any bowels of comparison towards their afflicted County, should in these times of Imminent danger, put themselves into a Posture of Defence, by raising of Forces both of Horse and Foot for the defence and safety of the said Associated Counties and Cities from the Invasion and Fury of the Irish Rebells, Popish and ill-affected persons, who seek the Ruine and Destruction of the whole Kingdom in generall, and the said Associated Counties in particular.
Associated Counties and Cities to be put in state of defence and to raise Forces.; Lists to be delivered to Lords Lieutenant: Of ablebodied men from 16 to 60. Of all worth £100. Of Horses over 4 years old. Of Arms. Exception. Lords-Lieutenants to charge said parties with Horse and Arms according to their abilities.
Be it Ordained and Declared by the Lords and Commons assembled in Parliament, and by the Authority of the same, That for the intents and purposes before mentioned, the said Associated Counties and Cities shall forthwith be put into a Posture of Defence, and shall raise Forces of Horse and Foot for the defence of the said Assciation; And that the Lord Lievtenants, or Deputy Lievtenants of the said severall and respective Counties and Cities, or any two or more of them, shall forthwith after notice or receipt of this Ordinance, issue out their Warrants to the Constables and Overseers of the severall Parishes, or to any two or more of the most able and fitting persons of the parishes within every respective Hundred or Division, thereby requiring them at certain 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 other persons whatsoever, worth an Hundred pounds or more in Lands or Goods; And of all Horses and Mares above foure yeers of Age, and the Names of the Owners; And of all Armes, Guns, and other usefull Weapons for the Warre, 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 Troopes; And that said Lord-Lievtenants, Deputy-Lievtenants, or any two or more of them, shall hereby have power to charge the said parties with Horse and Arms, so as no person be charged with a Harquebushier or light Horse, unlesse he hath One Hundred pounds per annum in Lands, or be worth One thousand two hundred pounds in Goods and Lands, nor with a Dragoon, unlesse he be worth foure hundred pounds in Goods or forty pounds per annum in Lands; nor with a foot Armes, unlesse he be worth one hundred pounds in Goods, or Ten pounds per annum in Lands.
Persons thus listed to choose their own Officers
And be it further Ordained, That all persons well-affected, being charged and listed to serve as aforesaid, or the major part of them, shall within their severall and respective Divisions forthwith, and so from time to time as cause shall be, propound and nominate all Collonels, Lievtenant-Collonels, Serjeant Majors and Captaines over them, being men of abilitie, and men well-affected; which said Officers being approved and allowed of by the Lord Lievtenants, or Deputy Lievtenants, or any three or more of them within their respective Counties and Cities, shall have Commissions accordingly.
Persons charged with Horse or Arms to pay monthly sums towards incident charges.
And be it further Ordained, That all and every person or persons whatsoever, which shall by vertue of this Ordinance be charged to provide Horse or Arms as aforesaid, shall every Moneth after they are so charged pay to the Treasurers appointed by the Deputy-Lievtenants, or any two of them for the severall and respective Counties, the severall Sums of Money following, viz. Every Horse, Twelve pence, every Foot Six pence, towards the providing of Trumpets, Drums, Colours, and other charges incident to the said Service.
Proviso.
Provided always, that this extraordinary charge, and imposition of Arms, doe not continue any longer than during these times of imminent danger, and that it shall be no President for the future.
No Member of either House of Parl. to be charged by this Ord. Persons over charged to be eased.
Provided also, that no Member of either House of Parliament, nor their Meniall Servants nor any of the Assistants of either of the said Houses, be charged by this Ordinance, but that it be left to his or their good affection, what they will doe in this Service.
Penalty for Defaulters.
Provided also, that if any person or persons whatsoever shall be overcharged by the said Lord-Lievtenants, or Deputy-Lievtenants, or any two of them of the respective Counties or cities, that then the said Lord-Lievtenants, or Deputy-Lievtenants, or any three or more of them of the respective Counties or Cities, shall hereby have power to ease such person or persons overcharged, as in their Discretions they shall think fit. And if any Officers or Souldiers of the Trained Bands or Troops have heretofore, since the First of August, in the yeare of our Lord, One thousand Six hundred forty three, refused or neglected; or if they or any other Forces of Horse or Foot, to be raised at any time hereafter, shall refuse or neglect upon Summons, according to this or other Ordinance of Parliament, to attend their charges and duties in their severall and respective places, or to appeare with their Horse and Arms, or to send some other Man with such Horse or Arms as they are or shall be charged withall; Every such Defaulter for every such offence, shall be Fined by the said Lord-Lievtenants, Deputy-Lievtenants, or any two or more of them, not exceeding the summe of Twenty pounds. And if any person or persons in the said severall and respective Counties, who by a former Ordinance of Parliament may be Impressed, have been, or are hereafter, shall be charged by the said Lord-Lievtenants, Deputy-Lievtenants, or any two of them to serve in the Armes of any person or persons charged as aforesaid, to find Armes or Horse, do or shall refuse or neglect to appeare at Musters, or to serve upon such Horse, or in such Armes, he or they so refusing or neglecting, shall by the said Deputy-Lievtenants, or any three or more of them be Fined, not exceeding the summe of Forty shillings, and Imprisoned untill the said Fine be paid, and the person or persons so refusing, have conformed themselves unto the said service.
Powers to Lords Lieutenant and others.
And it is Ordained, That the Lord Lievtenants, or DeputyLievtenants, or any three or more of them or the standing Committee of the severall and respective Associated Counties may Imprison all such as shall be mutinous or Disturbers of the Peace, and may Fine them, not exceeding the summe of Five pounds: And that it shall be lawfull for the said Lord Lievtenants, or Deputy-Lievtenants, or any of them, to draw together the Troops and Companies which are to be raised by vertue of this Ordinance, or any part of them, and with the consent of the Major part of any of the said Troopes and Companies to Conduct and lead by themselves, or by such as they or any three or more of them shall appoint, unto any of the said Associated Counties and with them to Oppose, Resist, Kill and Slay, all such as in any Hostile manner declare themselves as Enemies to the King, Parliament and Kingdom: And that it shall and may be lawfull for the said Lord-Lievtenants or Deputy-Lievtenants, or any one of them in their severall and respective Counties, to charge Carts, Carriages and Horses, for the necessary Service of the Parliament, allowing for 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.
Penalty for refusal to provide vehicles or Horses.
And in case any shall refuse upon reasonable notice to provide their Carts, Carriages, or Horses, to be made use of for the Service aforesaid, It shall be lawfull for the said Deputy-Lievtenants or any one of them to Imprison the Owners of the said Carts Carriages and Horses, or to Impose a Fine upon them, not exceeding the summe of Ten pounds.
Collectors.; Their Allowance.; Receivers.; Allowance
And be it Ordained, that the petty Constables, and Overseers of the Poore of the severall Parishes within the said respective Counties, and such other persons as shall be nominated by the Deputy-Lievtenants of the said Counties, or any two of them, shall be the Collectors of all summes of Money, as shall by vertue of this Ordinance be Imposed or set upon any person or persons within their said Parishes, and for their pains they shall be allowed Two pence in the pound for all Moneys so by them Collected and leavyed, which said summes of Money so to be set and Collected as aforesaid, shall be paid to the high Constables of the severall Hundreds within the said respective Counties; and in Corporations, to the Major or other head Officer of the said Corporations, who also shall have Two pence in the pound allowed unto them for their pains of making out their Warrants, and receiving and paying over the said Moneys to such Treasurer or Treasurers, as shall be appointed in the severall Divisions, by the Deputy-Lievtenants of the severall and respective Counties, or any two or more of them, who are to issue forth the same for the use and service of the severall and respective Counties, by the Vote of the major part of the respective DeputyLievtenants present, or any three of them present, and by their order in pursuance thereof under their hands and not otherwise.
Treasurers to keep perfect Accounts.; Their Allowance.; Penalties for refusal to pay assessment.
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 Ordinance, and to deliver Copies of their said Accompts unto the standing Committee of their said severall and respective Counties; and the said Treasurers for their charge and paines, shall likewise be allowed Two pence in the pound for all such summes of Money as they shall receive and issue forth by authority as aforesaid; And if any person or persons chargeable by this Ordinance, shall not within six dayes after demand, or notice to be left at their dwelling house, or usuall place of abode, pay the summe or summes on him or them assessed or set as aforesaid, It shall be lawfull for the said Collectors, any one or more of them, to leavy the summe by way of Distresse, and sale of the Goods of the person and persons so assessed or fined; And in case of Resistance, to call to their assistance any of the Trained Bands or Companies of Voluntiers, or other Forces of the said respective Counties, who are hereby required to be ayding and assisting to the said Constables, or other Collectors in the Premises, as they will answer the contrary: And if any person or persons which shall be assessed or fined as aforesaid, shall refuse or neglect to pay either their Assessment or Fine to the Constables or other Collectors appointed, within Twelve dayes after it shall be demanded, the Lord-Lievtenants, or Deputy-Lievtenants, or any two or more of them, upon return of the Names of such, who shall so refuse or neglect, shall charge the said person or persons, with double as much as he or they were assessed or fined; And if the said persons shall refuse or neglect to pay the said summe so doubled, within Twelve dayes after it shall be demanded, That it shall be lawfull for the said Lord-Lievtenants, or Deputy-Lievtenants of the said respective Counties, or any two or more of them, to commit the person or persons so refusing or or neglecting to Prison; And in case the said Treasurers, high Constables, petty Constables, Overseers of the Poore, or other Collectors to be nominated as aforesaid, shall refuse or neglect to leavie and receive the summes of Money to be assessed, and set, by vertue of this Ordinance, It shall be lawfull for the said Lord-Lievtenants, or Deputy-Lievtenants, or any two or more of them of the severall and respective Counties, to fine the said Treasurers, high Constables, and Collectors, not exceeding the summe of twenty pounds to be levied upon them by way of Distresse, and sale of their Goods, and by such person or persons as shall be appointed by the said Deputy-Lievtenants, or any two or more of them.
Proviso.
Provided alwayes, That the Forces to be raised by vertue of this Ordinance, shall not be carryed out of the said severall and respective Counties wherein they are or shall be raised, otherwise then as before in this Ordinance is declared, without the consent of the said Lord-Lievtenants, Deputy-Lievtenants, and Committees of the severall and respective Counties, or the greater part of them.