July 1645
An Ordinance for putting the County of Surrey into a posture of defence, by the better regulating of the Trained-Bands,.and raising other Forces of Horse and Foot, for the preservation and safety of the said County, and the pay of such Foot as shall belong to the Garrison of Farnham Castle.

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History of Parliament Trust

Publication

Author

C.H. Firth, R.S. Rait (eds)

Year published

1911

Supporting documents

Pages

726-731

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'July 1645: An Ordinance for putting the County of Surrey into a posture of defence, by the better regulating of the Trained-Bands,.and raising other Forces of Horse and Foot, for the preservation and safety of the said County, and the pay of such Foot as shall belong to the Garrison of Farnham Castle.', Acts and Ordinances of the Interregnum, 1642-1660 (1911), pp. 726-731. URL: http://british-history.ac.uk/report.aspx?compid=56066 Date accessed: 25 October 2014.


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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.