Orders established the 14th of this present January, by His Excellency Sir Thomas Fairfax for regulating the army and for the soldiers paying of quarters, and fair behavior in the countreys : together with several letters from His Excellency to the committees and justices of the peace of the several counties to put the said orders in execution. England and Wales. Army. Council. This text is an enriched version of the TCP digital transcription A39400 of text R24956 in the English Short Title Catalog (Wing E740). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 24 KB of XML-encoded text transcribed from 11 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A39400 Wing E740 ESTC R24956 08704292 ocm 08704292 41590 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A39400) Transcribed from: (Early English Books Online ; image set 41590) Images scanned from microfilm: (Early English books, 1641-1700 ; 1258:38) Orders established the 14th of this present January, by His Excellency Sir Thomas Fairfax for regulating the army and for the soldiers paying of quarters, and fair behavior in the countreys : together with several letters from His Excellency to the committees and justices of the peace of the several counties to put the said orders in execution. England and Wales. Army. Council. Fairfax, Thomas Fairfax, Baron, 1612-1671. 20 p. Printed for Edward Husband, London : 1646. "Published by special command from His Excellency Sir Thomas Fairfax." Reproduction of original in the Huntington Library. eng Great Britain -- History -- Civil War, 1642-1649 -- Pamphlets. A39400 R24956 (Wing E740). civilwar no Orders established the 14th of this present January, by His Excellency Sir Thomas Fairfax, for regulating the army, and for the soldiers pay England and Wales. Army. Council 1647 4089 1 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2005-08 TCP Assigned for keying and markup 2006-01 SPi Global Keyed and coded from ProQuest page images 2006-05 Jonathan Blaney Sampled and proofread 2006-05 Jonathan Blaney Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion ORDERS Established The 14th of this present JANUARY , By His Excellency Sir Thomas Fairfax , For Regulating the ARMY , AND For the Soldiers paying of Quarters , and fair behavior in the Countreys : Together with several Letters from His EXCELLENCY to the Committees and Justices of Peace of the several Counties , to put the said ORDERS in execution . PUblished by special Command from His Excellency Sir THOMAS FAIRFAX . London , Printed for Edward Husband , Printer to the Honorable House of COMMONS , January 26. 1646. At a Counsel of War held at Northampton , Thursday the 14th of Ian. 1646. Orders set down and agreed upon , to be presented to the General for the the better regulating of the Army in discharging of quarters , and otherwise . I. THat all Members of this Army from the fourth of this instant January , for such time as they have or shall have pay , and orders to discharge their Quarters , shall pay for the same at the several rates hereunder expressed , except they can in any particular finde themselves or their Horses cheaper . And above these respective rates , none shall be compellable to pay , until the Counsel of War , or Superior Authority shall give other order , but at these rates the respective Landlords are to finde those that are or shall be duly quartered upon them , and at these rates every one shall discharge his Quarters weekly , and at their remove shall make even for any odde days less then a Week . The Rates to be as followeth ; viz. Each Trooper mounted , to pay for his Diet , and Hay for one Horse , Ten pence per diem . A Trooper unmounted , for Diet Six pence per diem . A Dragooner mounted , for Diet and Hay , Nine pence per diem . A Dragooner unmounted , for Diet Five pence per diem . Officers of Horse or Dragoons not in Commission , viz. Trumpeters , and Corporals of Horse , Sergeants of Dragoons , and Chyrurgions Mates , Sadlers and Farriers of Horse , and all Servants of Horse-Officers , to pay the same rates as Troopers . Drummers and Corporals of Dragoons , and Dragoon-Officers men , to pay the same rates as Dragoons . Each Gentleman of the Life-Guard , to pay for his own and his servants Diet , Sixteen pence per diem . He that hath no servant to pay for his own Diet Twelve pence per diem . Gentlemen of Captain Knights Troop , for their own Diet Nine pence per diem . For their men as Troopers . All that have Horses to pay for provender ( unless they can buy cheaper ) at Six pence per peck . Each Foot Soldiers , as also Corporals and Drummers of Foot , Four pence per diem . Sergeants of Foot Six pence per diem . All Commission-Officers of Horse , Foot and Dragoons , to pay for Diet as they can agree with their Landlords . II. That all Soldiers and Officers shall content themselvs with such ordinary Diet , as those with whom they Quarter usually afford themselves and their Families , or as may be afforded for the respective rates aforesaid : And if any shall otherwise inforce , or attempt to inforce his Landlord to provide Dainties , or extraordinary Diet ( not affordable as before ) upon complaint thereof to the next Superior Officer in Commission , such Officer shall compose the business betwixt the Quarterer and the Landlord , and cause the Quarterer to rest satisfied with such reasonable Diet as before , or otherwise shall punish him , or secure , and send him to be punished by a Court of War as there shall be cause : and this the Officer is not to neglect at his own peril of being responsal himself if further Complaint be made , and if any Landlord shall refuse to admit or entertain such as are duly quartered upon him , the Captain or chief Officer present with the Troop or Company shall send some Commission-Officer with such assistance as shall be needful to cause the quarterer to be received into , and setled in his Quarter , with as much quietness as may be . And if any Landlord shall be refractory or obstinate in not entertaining or supplying with necessary Quarters , those that are duly quartered upon him , the chief Officer present with the Troop or Company ( if he cannot otherwise compose the business between the Landlord and the quarterer ) shall send such obstinate refuser to the chief Officer present with the Regiment or Brigade , who shall ( if there be cause ) transmit him to the General , either in safe Custody , or otherwise with respect to his quality , to answer his contempt . III. That if any Soldier or Officer not in Commission shall refuse or neglect to discharge his Quarters at the said rates ( except as before excepted ) upon complaint thereof from his Landlord to the next Commission-Officer of the Troop or Company , such Commission-Officer shall cause the neglecter to pay the double of what he should have paid ; viz. To the Landlord the full sum due for his Quarters , with one moiety of the penalty into the hands of the Cornet or Ensign , for the common use of the Troop or Company , to be disposed of for that purpose , at the discretion of the Captain ; and if upon such complaint , such Commission-Officer do not cause the Soldier to make present payment to his Landlord , at the rates due as aforesaid for his quarters , or secure , and send the obstinate refuser to the Marshal General , to be punish'd by a Court of War ( such Commission-Officer , upon the Landlords complaint to his Superior officer , or to a Counsel of War ) shall pay to the Landlord out of his own purse , the full double of what was due from the Soldier , besides satisfaction for the Landlords necessary costs and charges of prosecution , and the Soldier to pay besides , both for his Quarters , and the penalty as aforefaid . IV. If any Commission-Officer shall refuse or neglect to discharge his own Quarters as aforesaid , upon like complaint to his Superior Officer , the said rule and penalty as before , to hold both as to the neglecter or refuser , and to the Superior Officer complained unto . V. That each Soldier and Officer , immediately upon his coming into any new Quarter , shall give true notice of his Name and Sirname to his Landlord , or the chief of the Family ( unless it be exprest in his ticket ) under pain of forfeiting a days pay to his Landlord , if it be not done within twelve hours after his coming in , unless he remove sooner ; and if any Troop or Company lie still for three days or more in any Quarter , the chief Officer present with the Troop or Company , shall before their remove , cause some trusty Officer to see that each Landlord ( through the whole Quarter ) have the true Names of his Quarterers , and of the Troop or Company and the Regiment . Orders for prevention or redress of abuses in general . I. THat if any Commision-Officer be complained unto for any abuse , injury or disorder , committed by any Soldier or Inferior Officer under his command , shall not without delay , do his best endeavor to finde out both the offence and the offender , and to secure , and bring him to punishment or Tryal , or ( if the offence be a private injury to a Country-man ) shall not cause present redress or satisfaction to the injured , so far as is in his power , such Officer upon information from the Country-man to his Superior Officer , or otherwise ( so as his neglect come to the cognizance of a Counsel of War ) shall be culpable for his neglect either to the loss of place , or otherwise , according to the degree and quality of his neglect ; and if the business were of private damage or injury to the Country man ; then to the making of satisfaction out of his own purse , if by his neglect the Offender cannot afterwards be known or produced . II. That every Commission-Officer ( upon notice from the Committee or any Justice of Peace of the Country where he Quarters , concerning any complaint brought in against any Soldier or Officer under his command for any offence or injury to a Country man , or abuse to the Countrey , and of a certain day and place assigned for the appearance of both parties , and their witnesses , before the Committee or the said Justice ) shall cause the party complained of ( with what witnesses he may have for his defence ) to appear accordingly ; and shall go himself , or else some other Commission-Officer in his room , to attend the said Committee or Justice of Peace , at the time and place so assigned ; and upon the appearance , he or the other Officer sent in his room , shall be assistant to the said Committee or Justice of Peace , in hearing both parties what they can alleage , and taking the Examinations , both of the parties and witnesses on both sides ; and if thereupon the party complained of apppear culpable , and the Offence such , as that the said Committee or Justice , with the Officer assisting him , cannot well award private satisfaction therein to the complainant or persons agrieved , of present punishment to the offender , but that it need or deserve a more publique trial ; Then the said Commission Officer to joyn with the Commmittee or Justice to certifie the whole Examinations and Evidence in the case unto the General ▪ and to provide a Messenger for conveyance thereof , unless the Committee or Justice will send the same some other way ; And the said Officer is from thenceforth to secure the Offender , to be sent for further tryal , either to the Head Quarter of the Army , or of the Brigade whereof he is a Member , as the General shall thereupon direct . III. No Member of the Army shall by threats or otherwise , deter any from complaining , or from prosecution of the complaints , or shall offer any violence , or put any burthen , injury or wilful prejudice upon any for complaining , under pain of cashiering , with loss of Arrears , or further punishment , as the matter of the injury or violence will bear . I do approve , ratifie and confirm these Orders of the Counsel of War ; And do hereby require all Officers , Soldiers and Members of the Army under my command , duly to observe the same : And all Field-Officers , Captains and others in their several charges , to see that they be published unto all under their respective commands , as other the Articles and Laws of War . Given under my Hand at Northampton , the 18th day of Ianuary , 1646. T. Fairfax . The Generals Letter sent with the Articles unto the Committees and Justices of the several COUNTIES . Gentlemen , HAving with the advice of a Counsel of War set down Rules and Orders for the future discharge of Quarters , as also for the better prevention and redress of any disorders of the Soldiery ; I have here sent unto you Copies of those Orders , and do desire your speedy care , that they may be made known throughout your County , that all may take notice what they are to expect from the Soldiery , and what lies upon themselves for prevention or redress of any injury done to them from the Soldier . I desire also , That every Justice of Peace residing in your County , may have a several Copy of the Orders . And for the yet more assured satisfaction of Quarters , I shall adde this ( which also I desire may be imparted to each Justice of Peace , and made known through the County ) That if , notwithstanding these strict Rules and Penalties , any one shall presume to shift away , leaving his Quarters not discharged according to these Orders , I desire the Committee , or any Justice of Peace in the County , would take Information thereof from the parties so injured ( with the Testimony upon Oath of some person beside himself ) expressing what sum is so left unpaid , and by what Soldier or Officer , or of what Troop , or Company and Regiment , and the same to certifie in particular unto me ( your selves keeping a Copy or Abstract of them ) and I shall thereupon cause the Money to be deducted double out of the respective Soldiers or Officers next Pay , and the same due to be returned to the Committees for their respective Landlords ; or if the Landlord himself will prosecute the Complaint before a Court of War , he shall be sure to finde the effect of the Orders inclosed , both as to satisfaction for his Quarters with the double penalty , and also for his charges of prosecution . Lastly , as to the time for which Quarters are to be paid , you may take notice , that the whole Army hath lately received Pay , and Command to discharge Quarters from the Fourth of this instant January forwards : And if future want of Pay shall necessitate the discontinuance while any of the Army Quarters in your County , you shall have notice thereof . I remain , Northampton , Jan. 1646. Your very assured Friend , T. FAIRFAX . To the Committees and Justices of Peace of the County of Another Letter from the General to the Committees and Justices of Peace of the Counties where any of the Army is Quartered , for prevention or redress of disorders and abuses in general . Gentlemen , YOu may perceive in the Orders I herewith send you , what provision is made , That no Countrey-man ( upon any abuse or disorder of Soldiers ) needs be afraid to complain to their Officers , nor doubt much of present redress through their hands ; or , if he fail thereof ( through the Officers connivance or neglect ) he needs but remember what Officer he complained unto , and th' Officer shall be responsal for the Offence : But farther , if the Countrey man finde not redress in that course , or be yet fearful to go that way , I shall be content that he make his complaint to you , or ( for his yet more ease ) to the next Justice of Peace ; And do desire , That the Justice would take the Information , and ( assigning a day for both parties , with their Witnesses , to appear before him ) would in writing under his Hand , give notice thereof , and of the Offenders Name , to the next Commission-Officer , having command over him , and upon the appearance , would , with such Officers assistance , hear both parties , take their Allegations , and Examine upon Oath the Witnesses on each side , and if thereupon the party complained of appear culpable , and the Offence such , as that the Justice and Officer assisting cannot well end it by award ( to the present satisfaction of the agrieved , or punishment of the Offender ) but that it need or deserve a more publique Tryal , That then the Justice , with the Officer ( or the Justice alone , if the Officer refuse to joyn ) would certifie the whole Examinations and Evidence , and send the same , sealed up , either unto me , or to the chief Commander of the Brigade quartering in the Countrey , who shall thereupon order a Court of War to proceed to more publique Tryal and Censure of the business , without farther trouble of Witnesse to the Complainant , if that Evidence be full and clear : And to this purpose ( as you will finde in the Orders ) all Officers are directed to observe and comply with the Committee , or any Justice of Peace herein , and to furnish Messengers for conveyance of what shall be so certified , unless your selves or the Justice will otherwise send it . And this also I desire may be speedily imparted to each Justice , and made known to the Countrey . Northampton , Jan. 19. 1646. Your assured Friend to serve you , T. FAIRFAX . At a Counsel of War held at Northampton the 14th of Ianuary , 1646. ORDERS agreed upon , to be presented to the General for the regulating of the Army in quartering , to prevent excessive charges to the Countrey therein , or unreasonable defalkations from the pay of the Army to discharge the same . I. THat no Soldiers or Officers shall be Billeted upon any Lands where there is no House , nor upon any House where there is not House-keeping , either by a Master or Mistris of a Family , or by their Children , Servants , or others by their appointment , or sufficient accommodations for quartering either Horse or Man , but all shall be quartered upon Housholders , where they may be accommodated according to their number , and their respective conditions of Horse or Foot . II. That every Soldier and Officer shall be assigned to some certain Housholder or House where there is such House keeping as before ; and no Soldier or Officer shall have more then one Housholder assigned for his Quarter at one time , nor shall have any other appointed as contributory or assisting Quarters , except it be one place for himself , and another for his Horse ; or ( being an Officer or Gentleman ) one for himself , and another for his Servants and Horses ; and this only by due , particular and certain Assignment . III. That no Soldier or Officer ( being so assigned to a certain Quarter ) shall for hire of Money or Reward , remove from such his Quarter to quarter elsewhere , under pain of Imprisonment , and further punishment by a Counsel of War . IV. That no Soldier or Officer shall exact or accept any Money , or any other Alowance at all from his Landlord , or any other for him , in lieu of Quarter , upon pain of cashiering , and restoring the double of what is so taken . I do approve , ratifie and confirm these Orders of the Counsel of War ; And do hereby require all Officers and Soldiers of the Army under my Command duly to observe the same : And all Field-Officers , Captains , and others in their several Charges , to see that they be published unto all under their respective Commands , as other the Articles and Laws of War . Given under my Hand at Northampton the 19. day of January , 1646. T. FAIRFAX . The Draught of another Letter sent to the Committees of the severall Counties , inclosing the lesse Orders , viz. For regulating of Quarters . GENTLEMEN , WHereas upon the Assignment of a quarter to any Troop or Company , the inhabitants ( looking upon it as a charge , no way to be repaid , and therefore to be equally borne by all that hold any thing within the Assignement chargeable to a Tax ) do use accordingly to distribute the Souldiers unto all , after the rate of such a Tax , without regard to conveniences for quartering , whereby it happens that persons not provided for quartering ( or not for the number charged upon them ) are put to hire the quartering of them at Innes or Ale-houses , or else to hire the Souldiers to quarter themselves , ( the like to which is usually done where two or more inhabitants are charged but with one Souldier ) and that in either case at such excessive rates , as the pay of the Souldier would not bear ; Which course must needs bring either an unreasonable burden upon those people ( if such charges should never be repaid ) or unreasonable defalcations from the pay of the Souldier when the charge of quartering shall be satisfied ( if at the Rates so paid ) Now since 't is certainly intended , and provided , that all quarters of the Army , shall from henceforth be paid ( at the rates allowed ) either in ready money by the Souldiers themselves , or by abatement thereof out of the Taxes for the Army ( wherein all will at last come to bear their shares for what they hold ) The Generall therefore ( with the advice of a Counsell of War ) hath set down certain rules ( to prevent such inconveniences in the distribution of quarters ) whereof I have here , by his appointment , sent you a Copy , and thought good for your , and the Countreys better satisfaction , thus to let you understand something of the grounds , Northampton the 19. of Ianuary 1646. Your humble Servant , H : Ireton . Sir Thomas Fairfax Knight , Commander in chief of the Forces raised by the Parliament . To all Colonels , and other Officers of the Army under my Command . For the better regulating of the Army , and prevention , or redresse of abuses therein ; I do hereby order and declare as followeth . I. THat all Officers within fourteen dayes after the date hereof , shall repair to their respective charges in the Army , upon pain of being liable to loose their places for neglect , at the judgement of a Counsell of War . II. That no Officer under the same pain as aforesaid , shall hereafter depart or absent himself from his said charge for above the space of 24. hours , unlesse in attendance at the Head-quarter of the Army or Brigade , without such leave in writing , as is hereafter expressed , viz. The inferiour Officers of any Troop or Company to have leave under the hand of the Captain , or chief Officer present with the Troop or Company : The Captain or such chief Officer present to have like leave from the Field Officer , or chief Commander present with the Regiment ; Field Officers , or the chief present with Regiments to have like leave from the chief of the Brigade , or from a generall Officer in command over him . III. That no Captain , Field-Officer , or chief present with any Troop , Company or Brigade , shall have power to give leave to any Commission-Officer under their respective commands to be absent for above the space of ten dayes ; neither shall it be lawfull for any Commission-Officer , by vertue of any such leave as before expressed , to be absent above the said space of ten dayes without leave under my own hand , or under the hand of the Major General , or Lieut. General , under the same pain as before . And these Orders , I require to be forthwith upon receipt published , to each Troop and Company or Regiment by their respective chief Officers present , and to be thenceforth duly observed . Given under my hand and Seal the 19. day of Ianuary 1646. T : Fairfax . FINIS .