THE ESTABLISHEMENTS MADE BY THE GENERAL ASSEMBLY MET AT THE CITY OF KILKENNY THE 12. DAY OF NOVEMBER ANNO DOMINI 1647 THAT in regard the Army of the province of Leinster consists of eight regiments of foot and 25 Troops of horse, and that by reason of the defeat of the said forces, and restrainte of many of the officers, the said Army, regiments, and Troops, are so weak as they are computed to be effective not above 4000 foot and 800 horse, And for as much as the said province at this present being burdened with other extraordinary charges is much impoverished and unable to bear any more, dureinge this winter; It is therefore ordered that the said Army shall consist of 4000 foot and 800 horss●● at least until the first of March next, at which time the Supreme Council shall (if they see cause) reinforce the same unto such number as the said Council shall think necessary for the preservation of the said province, provided that no more Companies, Regiments, or troops, be raised as a charge upon that Province, until the last of May next, but that the said old troops, and Companies, be reinforced to such number, as the Council shall think necessary; And if the province be now charged, with any more foot or horse of the said Army then the said number, the Council are by unytinge of weak companies together, discharging of unserviceable Companies or Troops, or holding such as have not performed their Capitulations to the performance thereof, to reduce the said Charge unto the said number of 4000 foot and 800 hose if it may be done so conveniently; and in regard that several of the late recruted companies have not yet appeared in the field, or were mustered since the said misfortune, whereby it is uncertain of what number they consist of, It is ordered that the said Companies which did not appear as aforesaid or which were not mustered, shall not be allowed more than fifty soldiers in each of their Companies until the said time of reinforcement, and the said Council are by musters and other wise to cull out unserviceable and unarmed men from the Army and ease the province of their charge, provided that if more foot or horse be found effictive in the said Army, that they shall be provided for, to prevent the incursions of the Enemy as also For the trayneing, Exercisinge, and keeping together the forces of this province, whereby they may be ready to defend their Quatres, and offend the Enemy, It is ordered and established that the Army of the province shall be divided into four divisions or brigades, more or less as the Council shall think fit consisting of horse and foot & for each division or Party an officer be appointed to Command the same in chief That unto each of the said divisions a headquarter shall be appointed where a Competent number of the said Party, both horse & foot shall be garrissoned in some convenient & secure place or straight Frontinge the Enemy's garrissons. That to each head-quarter several other dependent garrissons shall be assigned where the residue of the division shall be garrissoned & Commanded by any officer in each garrisson and where they may be ready upon all occasions to come to relieve or reinforce the head Quarter according as they shall be directed by the Comaunder of the said division. That for every head quarter a certain proportion of Showells, spades, pike axes and bill hooks be assigned, whereby they may fortify the same and build Cottadges for their habitations if they shall want it, and that a certain proportion of ammunition for the head garrissons be likewise given unto the Comaunder of the division, That a way be settled whereby the said whole party or brigad upon twenty four hours warneing may speed●●● come together in a body and whereby the Several divisions may join together upon convenient Warneinge, by order from the Comaunder in chief of the whole Army, or other wise as the Council shall think necessary. That the maintenance of the whole Army be cast up whereof a proportion is to be put upon every County Which is to be applotted & levied monthly before hand in Corn, meal, and money, or money wholly at the lection of the payers, and that the proportion of each division thereof be set out towards its maintenance, which is to be received for them and paid according their musters, That the best quarters be assigned to those who shall be put in the frontier garrjssons and that the Corn, meal, and money be so proportioned as that the places near shall pay the meal and the remote the monny if it may be. That the Chief officer or officers of these divisions respectively be removable monethlie as the Council or such other authority as the Council shall appoint in their absence shall think fit or oftener if there be cause. That once in every month the head quarter shall be relieved out of the near quarters if need be, That in the near quarters the Companies & troops be daily exercised and in the head quarters, as often as may be, if the Wether serve and at least twice a week. That the muster-master shall return his muster once per month unto the council, or such as the said Assembly or Council shall appoint, as also the paymaster his payments That all & singular the Captains and Quartermasters and other the Officers of the Army, shall deliver in, a true list of their Companies on pain of disbandinge of the officer that shall give in a false list, That the said muster master & paymaster take the oaths of their places before they execute the same. That the Country be required to bring in provision of hay, oats, and other accommodation unto the said headquarters to be paid for, by the garrisson after the rates hereafter established. That the Comaunder of each of the said divisions be required as occasion shall be offered to call together the said divisions either to defend their quarters, or offend the Enemy without expecting orders, and not to suffer the soldiers or Troops to extort in their thoroughfares upon pain of the loss of a months' means & satisfaction to the parties grieved, if redress upon Complaint be not made That each Comaunder of a division shall have power to execute with martial Law, any soldiers, or Troops of his party, under the degree of an Ensign, or Cornett, merritinge it and to suspend from Command any higher officer offending, Until the pleasure of the Council, or in their absence such as they or the Assembly shall appoint be made known, and that each Colonel shall have power according Martial discipline to execute Martial law upon any of his regiment under the degree of an Ensign, deserving it & the Comaunder in Chief of the artillery is to have power of martial law over those, under his Command. That to prevent the daily running away of soldiers from their Colours unto other Companies, where they expect better pay, less duty, or more impunity, any soldier or trooper so offending shall be punished, with death and to the end he may be found out, no officer is to receive any new soldier or trooper formerly inlisted, Without a pass of his officer upon the penalty of forfeiture of a months pay, and that marshals be appointed in every County, to execute stragglers & thiefs. That the Council, or such as they shall appoint, make it the peculiar charge of one of them, to see one of the divisions provided for, to oversee the musters returned, take account of the payments unto them made, & settle all differences between the garrisons, and the Quarters, and the resident Council of this Province upon matter of difficulty are to assist him. That Commissioners be appointed in each County to applot, Levy, and bring in, its proportion of the maintenance of the Army, consisting of three active, honest, and understanding men, who are to sit constantly and serve for one Quarter of a year, at the expiration of which time others may be named to supply their places, and to have for each of them four shillings per diem and two shillings per diem to their Clerk, for every day they shall attend the execution of their Commission, who shall be enabled to determine all differences between Landlord and tenant and settle all other differences concerning the Contributions, or Country Charges in their Counties respectively, & all debts or trespasses under five pound which Commissioners are to have their authority by Commission from the Council, and to take their Oaths to applott the maintenance of the Army, and other Charges equally, and indifferently without partiality, love, hatred, favour, or affection unto any person, or persons, the utmost of their power and skill, before thy shall take upon them the said Employment, & are before any applotment to be made to summon the Gentry and freehoulders of their County and here what they will say concerning the manner thereof, before they shall applott the same, to the end that the more equality may be used, & that the bearers of the said Charge may know why the same is imposed, and not be Charged more than the maintenance of their proportion shall come unto, provided that if the Council find an easier Way for applotting the said money & bringing it in, that they may pursue such a Course for the saveing of charge, and that the County of Kikenny or other counties upon sufficient reasons may have more Commissioners, so the charge shall not exceed the allowance for three. That the Commander of each party, or division, be required to preserve the quarters set out for him, from incursions of any straglinge soldiers, idle boys, or other persons, and if he shall make default therein, the damage of his quarter by any such incursions to be put in account on him, in so much of the pay of his party, which is to be assigned over to the party grieved, and to that purpose a party of the division is to garrisson in the County set forth for defence thereof, who are upon notice to disarm, Commit, and bring to justice, any person, company, or Companies, who shall invade their quarters, & they are also to observe the direction of the Council, and Commissioners of the County, for punishing delin-quents and other refractory persons Upon consideration had of a report presented from the Provincial Assembly of Leinster setting forth that the charge of the civil list, general officers ammunition, Arms, Train of Artillery, spies posts, rewards, pensions negotiations & other public charges should be cast up and subdivided upon the several counties of the said province, and that towards The support of the said Charge, the enemy's estates, excise, and two parts of the Clergy liveings, should be given unto each County to be set by such Commissioners, as the Council should appoint, provided that the same should not extend to avoid Leases made to banished men, or others, and that banished persons should be preferred to the tenance of some of the said Lands, It is for several reasons and especially in regard the divident of the several Counties in the said Province, was not settled With relation unto the yearly value of Enemys-estates, excise or Church Liveings in them, thought fit and so ordered that the Council shall issue Commissiones for regulating the Excise, for setting of Enemies Lands, and two parts of Clergy Liveings, at a certain rent, over and above all Country Charges returneable by the first of May next. In the mean time, the rents issuing out of the said tiethes or Enemies estates, or the profitts of the excise are not to be disposed, but by order of the Council, and the Commhissioners General are forthwith to certify the Council, of the particular of the charge of the civil list, ammunition, Arms, and other requisite public charges. And wheareas several receivers and accomptants have been often summonned, to pass their accounts before the late Commissioners of the Revenue, as also before the Commissioners General of each Province, which receavours have hitherto neglected to obey the said Summons, notwithstanding several compulsaries issued to compel them thereunto, It is therefore ordered, that upon default of any recever or Collector, having notice of this our order, which shall neglect passing of his said account within one month after notice proved thereof by the messenger of the Supreme, Council, or whom the Assembly or they shall appoint in the said province, wherein he is or shall be receiver, Collector or accountant shall remain charged for the sum, for which he shall so neglect to account, and the same shall be deemed, reputed, and esteemed his own proper dèbt, and that the same shall be assigned unto the Armies, or any of them, or disposed to the public use as the Council shall think fit. That the said Commissioners in the Counties shall as far as possible they may avoid cessing of Horse or Foot upon delinquents being destructive, though hitherto a necessary remedy for getting in the public deuce, but that they may by Pursuiants or distress compel payments, and by appoynttinge good Collectors and ginueing them reasonable, allowances for their service, get in the public deuce, and contributions and that soldiers put upon delinquents shall take no more but their pay according the establishment and have no other pay whilst they are upon delinquents, and upon pain of the loss of a months' means, the officer and soldiers put upon delinquents are not to cease in his thoroughfare upon any other person but the delinquents. That for the Field service when the Army shall be called into one entire body the contributions of each County, shall be brought monthly before hand to the General receipt of the province, or to the paymaster in the Field, as the Council or whom they shall appoint shall directe. that the paymasters intertaimment be out of the pay of the soilder. That a course be taken whereby those places which are fit to be garrisoned may not the next year be destituted of forage, or provision, and that places be in due time fixed upon by the Council, and Magazines there provided out of toeth Corne. That the quarters be set out for any division or Garrisson so as they may not be appropriated thereunto, but that the Council or those entrusted by them in their absence from the Province may change them, and set out Quarters according desert. It is ordered and Established that fourteen pence in money and 5. quartes of meal shall be a weeks pay for a foot soldier, or two shillings six pence in money at the election of the payers, and four shillings in money a hoop of oats and 8. stones 3. quarters of hay, or straw for a Troopers pay per week being 20. pound per night or seven shillings in money at the election of the Payer in lieu of his pay & other demands in his Quarter besides lodging and stabling. That every officer shall have care to cause his Troupers and soldiers to keep their Arms clean and fixed, and for every unfixed Muskett, the soldier to be checked with two pence every Muster, and for evety unfixed pistol the Trooper to be checked four pence per Muster, every souldire wanting a sword shall be checked one penny per Muster Which checks are to be deposited to buy him a sword & every Trooper wanting pistols four pence per muster, a short pick one penny per muster & the muster-master is to have his pay out of the checks. That a pound of Powder per month be allowed to every Company of horse, and foot, to exercise for false fires, and such further proportion of powder for excercise as shall be by the Council thought fit. that every officer take the Oath of Assotiation, and every common souldir to be true to his colours. It is ordered and agreed, that no officer of the Army shall have a regiment of foot, and Troop of horse, nor any who hath a regiment or Troop of horse, a Company of foot. It is ordered that rates of hay and oats shall be as followeth (viz.) 2 pence per night for hay, straw and litter, 3 pence for a stable-pecke or gallon of oats. It is ordered that of such Lands pretéded to be waste as are grazed by the proprietors, or Neighbours by connivance or allowance of the proprietor, the Country Charges shall be answered by the proprietor if he finds not out the trespassers to discharge the same. It is ordered that all manner of Country charges shall be answered by billett, cease, thoroughfare quartering, and levies of lands, and put in an account on the proprietor it he keeps the same waste, and refuseth to set the land for country Charges It is ordered that where considerable fallow is made in divers parts of pretended waste and so the grass eaten by the plough garrans in all the parcels so ploughed, & the proprietor notwithstanding will not hold, or bear more then as small parcel, as twenty or thirty acres, and That the proprietors shall answer for the whole land, full Country charges and that, the same shall be enquired of, by jury of the proper or a diacent barony, the jury to be unintrested persons And the Commissioners of the Army in the respective Counties are to issue precepts unto the Sheiriffs for impanellinge a jury in this behalf. Ex. per Phillippum Kear ●ie Gen. Com. Hiberniae Cler. Printed at Kilkenny in the year of our Lord 1647.