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 20. 1644.

WHereas Papists and other wicked and ill-affected persons have traite∣rously combined together and entred into Association, and have raised and dayly doe raise, great forces both of Horse and foot in severall counties of this Kingdome, and are now actually leavying war in the se∣verall and respective counties of Wilts, Dor∣set, Sommerset, Devon and Cornwall, and in the cities of Bristoll and Exon, and in the Towne and county of Poole, and have in all and every the said counties, cities and places miserably plundered, spoyled and de∣stroyed multitudes of his Majesties good subjects, and if not timely prevented will utterly subvert and destroy the true Pro∣testant Religion, (which is their cheifest designe) the Laws of the land, the Pri∣viledges of Parliament, and the Liberties of the subject; The Lords and Commons now in Parliament assembled, doe hereby order and ordain, that the said counties, ci∣ties and places shalbe associated, and that

the committees nominated and appointed by the late Ordinance of Parliament, of the first of Iuly, 1644. for the severall and respectiue counties, cities, and places a∣foresaid respectively appointed to put in execution the seuerall Ordinances of Par∣liament, in the said Ordinance mentioned and expressed, and all Colonels, Lieu∣tenant-Colonels, Captains and other Of∣ficers, and all other well affected persons Inhabitants of the said counties, cities, and places, shall and may associate them∣selves, and mutually ayd, succour and assist one another in the mutuall defence and preservation of themselves, and of the peace of the said counties, cities, and places.

Now for the better carrying on of so ne∣cessary a work in such manner as by the said Ordinance, or this present Ordinance is or shalbe limited and appointed, and for the raising of moneys and forces with∣in the said counties, and places, for sup∣pressing the said Rebels there, and for the maintenance of all such Garrisons as are or shalbe erected by authority of Par∣liament, for the better defence of the same,

The said Lords and Commons doe or∣der and ordaine, and doe hereby ordaine and Authorize the said Committees of the said counties, cities, and places, respec∣tively or any three or more of them, to put in execution within the said severall and respective counties, cities, and places, the severall Ordinances of Parliament therein mentioned and expressed, and the Ordinance for voluntary Loanes and Contributions to the Parliament, And the Ordinance of the 29. of Iune, 1643. for the Administring of the Vow and Co∣venant appointed to be taken by every man throughout the whole Kingdome, 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 severall & respective Committees, there shall be esta∣blished by the severall & respective Cōmit∣tees, a standing Committee of five at the least in the respective counties of Dorset and Cornwall, and of seven at the least in the re∣spective counties of Wilts, Somerset and De∣von, and of three at the least in the respe∣ctive counties of Bristoll, Exon and Pool, to be

alwaies resident in such part of y^e counties, as the major part of the respective Com∣mittees of such county shall appoint to ad∣vise and direct all things that they shall thinke fit for the good Government and safety of their respective counties, in pur∣suance of any Ordinance or Ordinances of Parliament, and to take care and order of all other affaires for the good and pre∣servation of the respective counties, cities and places, according to the orders, Or∣dinances, and directions of Parliament, who at the first meeting shall appoint a place of their sitting, and the persons that shall sit, and their turnes; provided that none of the said Committees shalbe In∣joyned to sit at one time above fourteen dayes together, except the chair-man, who shall continually be one of the 7. 5. or 3. of the said standing Committee for the next 14 dayes following.

And it is further ordained and declared, That Algernon Earl of Northumberland, Phi∣lip Earle of Pembrooke and Montgomery, William Earl of Salisbury, Iohn Lord Ro∣berts, and Tho: Lord Bruce, and the Knights, Citizens, and Burgesses of the House of

Commons for the severall and respective counties, cities and places aforesaid, be a Committee for the preservation and safety of the said associated counties, cities, and places, or any eight or more of them, shall from time to time have power to appoint Treasurers for the severall and respective counties, cities & places, who are hereby au∣thorized to receive al such sums of mony as shall be lent, assessed and collected within the said counties, cities and places respe∣ctively, & who shall from time to time issue out such moneys for the necessary uses of y^e said counties, cities and places respectively for the purposes aforesaid, according to such warrant or warrants, as any such treasu∣rer or treasurers shall receive frō the stan∣ding Cōmittees of the respective counties, cities or places, or the major part of them.

And it is further Ordained that the said cōmittees respectively, or any three or more of them, shall have power frō time to time to assigne, and by their severall 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 &

places of any of the said counties, cities & places respectively, as by any three or more of the respective Committees shalbe thought fit, expressing the same by warrant under their hands.

And the said Lords and Commons, doe hereby Order and Ordain, that the Com∣mittees of the severall and respective coun∣ties, 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, Churchwar∣dens, and Over-seers of the severall pa∣rishes, or to any two or more of the most a∣ble and fitting persons within every re∣spective parish, 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 re∣spective parishes, from the age of sixteen to sixty (being of ability of body) And of all Horses, Mares and Geldings, above four yeers of age, together with the Names of the Owners, and of all Arms, Guns, and other usefull weapons for the war, with the Names of the Owners of them, ex∣cept such Horses, Men and Arms, as are

now, or shalbe hereafter listed in the trained Bands and Trained-Troops.

And it is likewise Ordained, That the said Algernon Earl of Northumberband, Phi∣lip Earl of Pembrook, and Mountgomery, William Earl of Salisbury, Iohn Lord Ro∣berts, and Tho: Lord Bruce, and the Knights Citizens, and Burgesses of the House of Commons of the counties, cities and pla∣ces aforesaid, or any eight or more of them from time to time shall hereby have power to nominate and appoint, all Colonells, Lieutenant Colonells, Serjeant Ma∣iors both of Horse and Foot, to be o∣ver the forces both of Horse and Foot, to be raised by vertue of this Ordinance, in the severall and respective counties, cities and places aforesaid; And the Lord Ge∣nerall or such as shall from time to time Command in Cheif, in the said Associated counties, cities and places, are desired to grant Commissions to them accordingly, And that the severall and respective stand∣ing Committees in the said counties, cities and places, shall severally have power to nominate all Captaines, to be under the said Colonells and Lieutenant-Colonells,

severally and respectively, which said Of∣ficers shall have Commissions as afore∣said.

And thè said Lords and Commons, doe also hereby Order and Ordain, that the said Committees of the severall and re∣spective Counties, cities and places, and by the directions of the said Committees and not otherwise, all Colonells, Lieu∣tenant-Colonells, Captains and other Of∣ficers, made and appointed by vertue of this Ordinance, shall have power and au∣thority in the severall and respective coun∣ties, 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 battel, and to fight with all such Forces, as are, or shall be raised without Authoritie of both Houses of Parliament, or do make Insurrections, Plunder, and destroy His Majesties good Subjects, or leavy War against the Parliament, and them to invade, resist, suppresse, sudue 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-Generall, or in his absence, the Commander in chief Re∣sident upon the place. And if any Officers or Souldiers of the Trained-Bands, or Troops, or other Forces of Horse or Foot raised, or at any time to be raised, shall re∣fuse or neglect upon summons, according to this, or other Ordinances of Parlia∣ment, to attend their charges and duties in their severall & respective places, or to ap∣pear with their Horse or Arms, or to send some other able man with Horse or Arms, as they are, or shall be charged withall; e∣very 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, untill the said fine be satisfied, and paid. And if any person or persons, in the said severall and respective Counties, that shall be charged by the said severall and respective Committees, or any

two or more of them, to serve with the Arms of any person or persons charged to finde 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 ex∣ceeding the sum of fourty shillings for eve∣ry such offence, and by them be imprisoned, untill the said fine be satisfied and paid, and the person or persons so refusing, have con∣formed themselves unto the said service.

And it is further Ordained, That the Committees of the severall and respective Counties, or any three, or more of them, may imprison all such as shall make any at∣tempt, or do any act tending to the distur∣bance of the proceedings of the respective Committees, or the peace of the said coun∣ties, cities, and places, and them may fine not exceeding the sum of twenty pounds, upon every offendor, every such offendor to remain in prison untill he hath satisfied and paid the said fine.

And that it shall be lawfull for the said Committees or any two of them, in their

severall and respective counties, to charge carts, carriages, and horses, for the neces∣sary service of the Parliament, allowing 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: every wilfull neglecter, or refusor, to provide his cart, carriages, or horses, to be made use of for the service aforesaid, to be imprison∣ed 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 severall coun∣ties, cities, and places, shall give such al∣lowance to the Collectors, Treasurers, and other Officers, for the collecting, bringing, and paying, out of the moneys, by virtue of any the forementioned Ordinances, as by the severall and respective Ordinances is ordered, limitted, 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, Treasu∣rers, or other Officers, and in such propor∣tion, as they, or the major part of them shall think meet.

And the said Treasurers are hereby re∣quired to keep a perfit accompt of all such moneys as they shall receive and pay, by virtue of this, or any of the Ordinances aforesaid, and to deliver copies monethly of their said accompts, unto the standing Committee of their said severall and respe∣ctive counties: And it is hereby further Ordained, That the standing Committee of the severall 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 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 re∣ceive the same again of such Treasurer

or Treasurers, to whom such Warrant, or Warrants, shall be directed, who shall up∣on the sight of this Warrant, or a copy thereof left with him, detain so much of the moneys, which he or they, shall receive as aforesaid, to discharge the said Warrant; and if such Treasurer or Treasurers, shall not accordingly stop, and detain so much money, which he hath or shall next receive, to satisfie the person or persons, the money so lent as aforesaid, upon proof thereof made to the said standing Committees respe∣ctively; 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 Treasu∣rers dwell, or have estates, or to such other person or persons, as they shall think fit, to leavy so much money as the Warrant or Warrants were made for, of the Goods and estate of the Treasurer or Treasurers, by way of distresse, and sale of the Goods, to the use of the person or persons, so lend∣ing as aforesaid. And in case any Treasu∣rers or Collectors, shall refuse or neglect to leavy, or receive the sums of money to be assessed by virtue of any the Ordinances

before mentioned, it shall be lawfull for the said Committee, or any three or more of them, of the severall and respective counties, to fine any the said persons so offending, not exceeding the sum of twenty pound 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 Com∣mittees of the said respective counties, or by any three of them. And be it further Pro∣vided, That the Forces raised, and to be raised by virtue of this Ordinance, shall not be carried out of the said severall and respective counties, wherein they are, or shall be raised without the consent of the said standing Committees of the severall 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 Parlia∣ment: Provided neverthelesse, That if any of the Committees of any of the respe∣ctive counties, and places, or the Treasu∣rers, Collectors, or other Officers appoint∣ed, or to be appointed for, in, or about the

execution of any the said Ordinances afore∣mentioned, or of this present Ordinance, shall refuse or neglect to take the Vow and Covenant appointed by the said Ordinance of the 29. of Iune, 1643. or the late Nationall Covenant appointed to be taken by every person in the three Kingdoms of England, Scotland, and Ireland, being thereunto requi∣red 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; & 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 severall and respective counties, are to ten∣der the said respective Covenants, to all and every person or persons appointed, or to be appointed for the execution of this pre∣sent Ordinance, or any the Ordinances a∣forementioned in the said Ordinance of the 1. of Iuly, 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, unlesse 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 severall 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 imbe∣zelled by them, or under their commands, unlesse they can make it appear they were lost in service against the enemy: And the said captains are enjoyned to give a list un∣der their hands to the said respective stand∣ing Committees of all men, horse, and arms, raised, or to be raised by the said associated counties, & under their command: And that every captain, both of horse and foot, and every other superiour or inferiour officer, whose pay comes to ten shillings a day, or above, shall take but one half the pay due unto him, and take the publike Faith for the other half, untill the War be ended. And every officer whose pay cometh to five shillings a day, or more, and under ten shil∣lings

a day, shall accept of two parts of three of such pay due unto him, and respite the other third part upon the publike Faith, untill 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 re∣ceive the said moneys owing, upon the pub∣like 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 soul∣dier, but half pay, and every common horse∣man 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 above men∣tioned.

And it is likewise ordained, That twen∣ty one or more of the Committees appoint∣ed the first of July, 1644. as aforesaid, where∣of 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 toge∣ther 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 & places.

And be it likewise Ordained, That the Committees of the said severall and respe∣ctive 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 severall counties, And that the select and standing Committees of the respective counties, shall have power to call before them all Ministers and School-masters 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; & 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 a∣gainst them; And the said Committees respe∣ctively 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 Re∣venues, 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 Di∣vines; and the said respective standing Com∣mittees have hereby power to make such al∣lowance for the maintenance of such Mini∣sters 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 alwayes, that this Ordinance shall not extend to the putting out of any the Treasurers, Solicitors, or other officers for∣merly

appointed by the Committee of Lords and Commons, by vertue of the Ordinance of Sequestrations, or by any Ordinance for the execution of the said Ordinance or Ordinan∣ces for Sequestrations.

And it is further ordained, That the said standing Committees in the respective coun∣ties severally, are hereby enabled and autho∣rised to call to an accompt upon oath, all such person and persons of the severall and respe∣ctive counties, as have received any Moneys or Goods by colour, or authority of any Or∣der, 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 severall counties, cities and places respectively, shall fine them double the sum charged upon them, which if it be not paid by such person or per∣sons as shall be so charged and fined, within six dayes after demand by the respective stan∣ding Committees, or by order of the said stan∣ding Committees, the respective Committees or the major part of them, left at his or their houses or dwellings; the said Committees re∣spectively shal give order for the distraining for the same, and if there be not sufficient distresse

wherewith to satisfie; then the said standing Committees, or the major part, may imprison the offendor, and sequester his Estate, untill the money charged, and the fine set, be satisfi∣ed and paid.

And it is further Ordered and Ordained, by the Authority aforesaid, That if any per∣son or persons be overcharged by any Assesse∣ment in any of the respective counties, cities, and places aforesaid, that then the standing Committees of the said respective counties, ci∣ties, and places, or the major part of them hereby have power to ease such person or per∣sons overcharged, as in their discretions they shall think fit. And be it Ordained, That eve∣ry person shall be rated for the estate he hath in each severall place, citie, and countie; and if his Land be let at neer the full value there∣of, such person to whom the rent belongeth, shall be solely chargeable therewith; but if it be set under value, the sum taxed shall be ap∣portioned so, that the Lessee or Tenant, and he, or they to whom the rent belongeth, may bear their proportionable shares as the Asses∣sor or Assessors shall think meet: And it is al∣so Ordained, That whatsoever sums of mony are or shall be set, or imposed by virtue of the aforementioned Ordinances upon any Land-Lords,

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 severall and respe∣ctive Tenants, which they shall deduct and defaulk out of the next rents payable by them, to their respective Lessors or Land-Lords; and for so doing, the said Lessees and Tenants, their Heirs, Executors, Administrators, or Assignes, from, or against any Covenant, Grant, Condition, Writing Obligatory, mat∣ter of Record, or otherwise to the contrary, shall be saved harmlesse, 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, shalbe commanded out of the bounds and limits of the said Association, that the said severall and respective counties, cities, and places, shall not be charged with the pay∣ment of them, during the time of their ab∣sence, unlesse they march forth of the said countie, with the leave and consent of the Select and standing Committee, for the time being, or the major part of them.