July, 1645
[1 July, 1645.]
The Lords and Commons assembled in Parliament, taking into
their serious consideration the necessity that all the Counties of
this Kingdom and Dominion of Wales, in this time of imminent
danger, should put themselves into a posture of defence by raising
of Forces both of Horse and Foot, for the necessary defence and
safety of their Counties, from the incursion of those raised against
the Parliament, which daily plunder and spoil in all parts where
they come: And finding that the County of Surrey hath not as
yet been put into such a posture of defence as was expected, by
reason of differences which have there arisen, by reason of one
Ordinance of Parliament for the said County, bearing date the
seven and twentieth of July, One thousand six hundred fourty
and three, which was then passed upon a present occasion of
danger that would not admit of a long debate, as by the preamble
of the said Ordinance doth and may appear.
Directions for better regulation of Militia in Surrey.
Now for the better settling of the said County, and the enabling
them to fully to put themselves into a posture of defence, it is
thought fit and so Ordained and Declared, That the Militia of
the said County shalbe hereafter regulated and executed according to the Tenor of this present Ordinance, & in no other maner.
Be it therefore Ordained and Declared by the Lords and
Commons assembled in Parliament, and by the Authority of the
same, That for the intents and purposes beforementioned, the
County of Surrey shall forthwith be put into a posture of defence,
and shall raise Forces of Horse and Foot for the defence of the
said County, in maner and form following in this Ordinance expressed, and no otherwise: And that the Lord Lieutenant, or in
his absence, the Deputy Lieutenants of the said County, or any
two or more of them, shall forthwith after notice or receipt of
this Ordinance, issue out their warrants to the Constables and
Headboroughs of the several 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 to 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 other persons whatsoever worth One hundred
pounds or more in Lands or Goods: And of all Horses and Mares
above four years of age, and 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 men and Arms as are
now, or shall be hereafter listed in the Trained-Bands and
Trained-Troops. And that the Lord Lieutenant, or in his
absence the Deputy Lieutenants, 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 Harquebusier or
Light Horse, unless 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, unless he be worth Four
hundred pounds in Goods, or Fourty pounds per annum in
Lands; nor with a whole Foot Arms, unless he be worth One
hundred pounds in Goods, or Fifteen pounds per annum in
Lands.
Militia to name 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 several and respective Divisions forthwith, and so from time to time as cause shall be, propound and
nominate Colonels, Lieutenant Colonels, Serjeant-Majors and
Captains over them, being men of ability, and men well-affected,
and found faithful from the beginning of these Troubles; which
said Officers being approved and alowed of by the Lord Lieutenant, or in his absence by the Deputy Lieutenants, or any two
or more of them within the said County, shall have Commissions
accordingly from the said Lord Lieutenant of the said County.
Amounts charged for horse or arm.
And be it further Ordained, That all and every person and
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 Treasurer appointed
by the Lord Lieutenant, or in his absence by the Deputy Lieutenants, or any two or more of them for the said County, the
several sums of Money following, viz. For every Horseman
twelve pence, for every Footman six pence, towards the providing
of Trumpets, Drums, Colours, and other charges incident to the
said service.
Rate on Surrey.
And be it also Ordained by the Authority aforesaid, That it
shall and may be lawful for the Lord Lieutenant, or in his absence
for the Deputy Lieutenants of the said County of Surrey, or for
any two or more of them within the said County, from time to
time, so long as the said service shall continue, by Warrant
under their Hands and Seals, to be directed unto the several
and respective High Constables of the Hundreds within their
several Divisions of the said County, to Assess and Tax, by indifferent Rates, upon the Inhabitants of the said County, so much
Money as shall be requisite for the payment of such experienced
Majors, Lieutenants, or other inferior Officers as shall be necessary for the said service, to be alowed of as aforesaid, and they
shall be paid according to the establishment of Sir Thomas Fairfax's Army, whilest they are in service, and a moyety of their half
pay when they lie still; as likewise for the other Officers and
Soldiers pay, when they are in service, according to the pay of
Horse and Foot in the said Army, and not above; and for such
other charges as will be incident and necessary for the said service. And if any part of the County shall perform service, and
any other part shall not bring up their proportion of men, then
that part shall be inforced, as is hereafter prescribed, by the
Lord Lieutenant, or in his absence by the Deputy Lieutenants
or any two or more of them, to pay for such Soldiers as they shall
be defective in, to make all parts equal in charge.
Provided always, That this extraordinary Charge and Imposition of Arms do not continue any longer than during this time
of imminent danger, and that it shall be no president for the
future.
Peers, etc., exempted.
Provided also, That no Peer of this Realm, nor any Assistant
or Officer of the House of Peers, or their menial Servants, or any
Member or Officer of the House of Commons, or their menial Servants, be charged by this Ordinance, but that it be left to his or
their good affection what they will do in this Service.
Relief of persons over-charged.; Punishment of defaulters.
Provided also, That if any person or persons whatsoever shall be
over-charged by the Deputy Lieutenants, or any two of them
of the said County, that then the Lord Lieutenant of the said
County shall hereby have power to ease such person or persons
over-charged as in his discretion he shall think fit. And if any
Officer or Soldier of the Trained-Bands or Troops, or of any other
Forces of Horse or Foot to be raised at any time hereafter in the
said County by vertue of this Ordinance, shall refuse or neglect, upon Summons according to this Ordinance of Parliament,
to attend their Charges and Duties in their several and respective
Charges and Places, to appear with their Horse and Arms, or
to send some other man with their Horse and Arms, as they
are or shall be charged withall; every such Defaulter, for every
such Offence, shall be fined by the said Lord Lieutenant, or in his
absence, the Deputy Lieutenants, or any two or more of them, not
exceeding the Sum of Ten pounds, and Imprisoned till the said
Fine be paid. And if any person or persons, who by any former
Ordinance of Parliament may be Imprested, have been, or hereafter shall be charged by the Lord Lieutenant, by the Deputy
Lieutenants, or any two or more of them, to serve in the Arms of
any person or persons charged as aforesaid to finde Arms or
Horse, do or shall refuse or neglect to appear at Musters, or to
serve upon such, or in such Arms; he or they so refusing or neglecting, shall by the said Lord Lieutenant, or in his absence
by the Deputy Lieutenants, or any two or more of them, be fined,
not exceeding the sum of Fourty shillings, and Imprisoned till the
said Fine be paid, and the said person or persons so refusing have
conformed themselves unto the said Service.
Powers of Lord-Lieutenant.
And it is further Ordained, That the Lord-Lieutenant, or in his
absence, the Deputy Lieutenants, or any two or more of them
of the said County, may imprison all such as shall be mutinous, or
disturbers of the Peace, and may fine them, not exceeding the
sum of Five pounds: And that it shall be lawful for the said Lord
Lieutenant, or in his absence, the Deputy Lieutenants, or any
three of them, to draw together the Troops and Companies which
are raised or shall be raised by vertue of this Ordinance, or any
part of them, and lead by themselves, or by such as the Lord Lieutenant, or in his absence, any three or more of the Deputy Lieutenants shall appoint, into any part of the said County, and with
them to Oppose, Resist, Kill and Slay all such as in any Hostile
maner declare themselves as Enemies to the King and Parliament: And that it shall and may be lawful for the said Lord Lieutent, or in his absence, for the Deputy Lieutenants, or any one of
them in the said County, to charge Carts, Carriages and Horses
for the necessary Service of the Parliament, allowing for every
Cart with Five horses Twelve pence per Mile outward onely, and
so ratably for more or fewer horses, and for every single horse
after the rate of two pence per Mile outward onely. And in case
any shall refuse upon reasonable notice, to provide their Carts,
Carriages and Horses, to be made use of for the Service aforesaid;
it shall be lawful for the said Lord Lieutenant, or in his absence,
for the Deputy Lieutenants, or any two of them, to imprison the
owners of the said Carts, Carriages and Horses, or to impose a
Fine upon them, not exceeding the sum of Ten pounds.
Collection of rate.; Treasurer.;Penalties for non-payment
And it is Ordained, That the petty Constables and Overseers
of the poor of the several Parishes within the said County, and
such other persons as shall be nominated by the Lord Lieutenant,
or in his absence, by the Deputy Lieutenants of the said County,
or any two or more of them, shall be the Collectors of all sums
of Money as shall by vertue of this Ordinance be imposed or set
upon any person or persons within the said Parishes: which said
sums of Money so to be set and collected as aforesaid, shall be
paid unto the High Constables of the several Hundreds within the
said County, and in Corporations, to the Mayor or other headOfficers of the said Corporations, who shall receive and pay over
the said sums to such Treasurer or Treasurers as shall be
appointed in the several Divisions by the Lord Lieutenant, or in
his absence, by the Deputy Lieutenants of the said County, or
any two or more of them, who are to issue forth the same for the
use and Service of the said County, by the Lord Lieutenant, or in
his absence, by the vote of the major part of the respective
Deputy Lieutenants of the said County present at such meetings
as shall be appointed for that purpose, and by their Order, in pursuance thereof under their hands, and not otherwise: 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 the said Accompt unto
the said Lord Lieutenant, or in his absence to the Deputy Lieutenants, or any of them of the said County: And the said Treasurers for their charge and pains, shall be allowed Two pence in
the pound for all such sums 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 days
after demand or notice to be left at their dwelling house or usual
place of abode, pay the sum or sums on him or them Assessed
or set as aforesaid; it shall be lawful for the said Collectors, or
any one or more of them, to leavy such sum by way of distress
and sale on the goods of the person and persons so Assessed or
Fined, rendring to the party the overplus of the said sale, if any
shall happen to be; 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 County, who are hereby required to
be ayding and assisting to the 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, having
not sufficient distress, or neglect to pay either their Assessment
or Fine to the Constables or other Collectors appointed,
within Twelve days after it shall be demanded; The Lord
Lieutenant, or in his absence, the Deputy Lieutenants, or any
two or more of them, upon the returns of the names of such who
shall 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 sum so
doubled within other Twelve days after it shall be demanded;
that it shall be lawful for the said Lord Lieutenant, or in his
absence, the Deputy Lieutenants of the said County, or any two
or more of them, to commit the said person or persons so refusing
or neglecting to prison. And in case the said Treasurers, High
Constables, Petty Constables, Overseers of the Poor, or other
Collectors to be nominated as aforesaid, shall refuse or neglect to
leavy and receive the sums of Money to be assessed and set by
vertue of this Ordinance; it shall be lawful for the said Lord
Lieutenant, or in his absence, the Deputy Lieutenant, or any
two or more of them of the said County, to fine the said
Treasurers, High Constables and Collectors, not exceeding the
sum of Twenty pounds, to be leavyed upon them by such person
or persons as shall be appointed by the said Lord Lieutenant, or
in his absence, by the Deputy Lieutenants, or any two or more
of them by way of distress and sale of their goods, rendring to
the party the overplus of the sale, if any happen to be.
Power to Committee to tax County.
Provided always, That the Forces raised by vertue of this
Ordinance, shall not be carried out of the said County without
of them by way of distress and sale of their goods, rendring to
the party the overplus of the sale, if any happen to be.
Forces not to leave County.; Names of Committee
And it is further Ordered and Ordained by the Authority
aforesaid, That the Committee hereafter named, or any three or
more of them, and no other, shall have Power and Authority to
rate and tax such sums of Money upon the said County, as at
some general meeting of the said Committee shall be agreed to be
fit and necessary for the paying of such Officers and Soldiers of
the Castle of Farnham and the Garison there, as likewise for the
Troop of Horse which is now raised and maintained by the said
County for the defence thereof, and for such other charges as
shall be thought fit and necessary for the defence and safety of
the said County, at some general meeting of the said Committee,
and the same to leavy in such maner as is appointed for the
leavying of Money for raising and maintaining of the Forces
under the command of Sir Thomas Fairfax in the Ordinance for
that purpose; The said Committee to consist of these persons
and no other; Viz. Algernon Earl of Northumberland, Henry
Earl of Kent, Charles Earl of Notingham, William Lord Munson,
Denzil Hollis Esq; Benjamin Weston Esq; John Glyn Esq;
Recorder of London, Sir Ambrose Brown Baronet, Sir Poining
Moor Baronet, Sir Thomas Jervoise, Sir Richard Onslow, Sir
Thomas Walsingham, Sir Iohn Dingley, Sir John Lenthal, Sir
Iohn Howland, Sir William Elliot, Sir Richard Bettenson,
Sir Matthew Brand, Sir Robert Parkhurst, Sir Robert Wood,
Sir Robert Nedum and Sir Iohn Evelin, Knights, John Lisle,
Nicholas Stoughton, George Farewel, Henry Tunstal, Arthur
Onslow, Robert Goodwyn, George Evelin of Wotton, Henry
Weston, Thomas Sands, Iohn Goodwyn, Edward Bish Junior,
Henry Campion, Francis Drake, Robert Wood, Iohn Farewel,
Thomas Lock, Iohn Cartwright, Edmond Iordan, Arthur Squib,
Iohn Turner, Thomas Smith, Richard Brown, Esquires; Robert
Houghton, Cornelius Cook, Richard Wright, George Snelling,
Thomas Hudson, Henry Hardwick, Robert Holman, Sackford
Gunson, Robert Purse, Robert Mead, Col: Rowland Wilson and
Iames Shirley, Gent.
Meetings of Committee.
And it is likewise Ordered and Ordained, That there be once
in a Moneth a general meeting of the said Committee in some
indifferent place in the said County, to be appointed by the
major part of the said Committee, at which meeting the said
Committee, or the major part of them there assembled, are hereby
required and authorized to appoint what shall be respectively
acted and performed, and by whom in the several parts of the
said County, as well for the executing of this Ordinance in what
concerns them, as for the executing of all other Ordinances heretofore made and yet in force, to be executed in the said County:
for the execution whereof, in their several and respective divisions, the Committee above named, or any three or more of them,
are hereby inabled and Authorized.
Accounts
And it is further Ordered and Ordained, That there be an
Accompt monethly given to the said Committee at their general
meeting, of what shall be done therein, by the several and respective Committees, in their several and respective divisions
and allotments.