Pages 356-358
Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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December 1643
[18 December, 1643.]
Names of Committee for Volunteers.; Their Powers.; Authority to tax and to nominate Assessors.; And Collectors.; Collectors duties and powers.; In case of Lands let, who to pay Tax.; Injuries to be rectified by Committee.; Negligent or faulty Assessors, etc., to be imprisoned or fined.; Treasurers to keep Register Book.; Allowance to Collectors and Treasurers.; Moneys imposed on Landlords payable by Tenants, and to be defalked by them out of next Rents.; Indemnity.
Whereas by Ordinance of the fourteenth of September last, certaine Persons therein named, intended and appointed to be a Committee for Volunteers for the said County, have already, raised three Regiments, and by their continued care and endeavours, give further hopes of good progresse in the Worke, if some fit addition of power be given for compelling Officers to doe their duty, Persons assessed to pay their Taxes, and such Towns, and Persons within the said County, to beare and performe their proportionable part of the Burthen, both in respect of their personall services and rateable Taxes, who have hitherto refused and neglected to doe the same, though equally interested in the danger, and benefited by such Protection and Provision for their, and their Counties safety and security. The Lords and Commons assembled in Parliament, taking the same into their serious Consideration, and the dangers of that County being nere unto and much threatned by a Popish and Malignant Enemy: And holding it just and necessary to dispence such further power to the said Committee, as may be a fuller meanes of safeguard and preservation of the said County, and to entrust them with the Execution thereof: Doe thinke fit to Order and Ordaine as followeth: And be it Ordered, Declared and Ordained by the said Lords and Commons, that Sir John Garret, Baronet; Sir John Wittewrong, Knight; Collonel Adam Washington; William Leoman, Esquire; Richard Porter, Esquire; John Heydon, Francis Steward, Alban Coxe, Gabreil Barber, Esquires; Collonel Nathaniel Hawes, John Marsh Lievtenant Collonel; William Carter, Thomas Michell, William Finch, Nathaniel Manestey, Christoper Loffes, Zachary King, Henry King, John Gates, Francis Clerke, John Gale, William Barly, Randall Nichol, Daniel Nichol, John Grubb, Henry Marsh, Robert Warren, William Ayleward. Thomas Sadler of Preston, Captaine William Barber, Thomas Bigge, of Porters End, Tobias Combes, William Cox of Shendley, William Dixon senior, Captaine Thomas Marsh, Thomas Greenhill of Langley, Nicholas King junior, Edward Michell, Thomas Nichols of Hertford Esquire, Isaac Puller, Thomas Meade, Joseph Dalton, William Lode, Anthony Stratford, George Stratford, Captaine John Kelsey, Captaine William Burr, William Eeles, George Banester, John Fowler, Mathew Collins, Robert Draper, William Field, Nathan Payne, Nicholas Humphreys, William Smith of Sandrege, Thomas Cozens, Thomas Hanshut of Hinckworth, Captaine John Barber, Captaine Jeremy Carter, Captaine Edward Sterne, John Finch of Watford, John Gibb, of Herringers, and William Plummer, or any seven or more of them, shall have power from time to time upon any emergent occasion as to them shall seeme fit, to raise such Forces of Horse and Foot, out of the respective Townes, Townships, Liberties and Places in the said County as shall appeare to be needfull for the necessary defence of Themselves, or any the parts adjoyning with whom they are or shall be Associated for their mutuall defence, and to limit how many able Persons shall be sent forth and paid by the said Places respectively, Armed and prepared to their Place and Places of Randevous, thence to be led and conducted by such Commanders, Collonels, Captaines and Officers, as is mentioned and intended in the said former Ordinance; which Collonels, Captaines, and Officers are likewise to be presented by the said Committee, to the Earle of Manchester, Major Generall of the said County, and other Associated Counties; And to have Commissions from him in like manner, as in the said former Ordinance is directed; And by warrant under their Hands and Seale, to be directed to the Constables or other person or persons to commit such wilfull persons as shall refuse to doe the Service, and appeare at the Place or Places appointed unto Prison, without Bayle or Mainprize, untill he or they Conforme him or themselves: And further (to enable them to maintaine and pay such Forces to be drawne forth upon occasion as aforesaid,) The said Committee or any seven or more of them, are hereby authorized to Assesse or Tax, or to nominate Assessors to Rate, Tax, or levy upon the respective Townes, Townships, Liberties, Persons, and Places within the said County in an equall way, according to their Faculties and Abilities, or according to the most usuall proportion of Rates in the last weekly Assessments there, weekly to be Collected, or otherwise, such summe or summes of Money, as they shall judge fit and requisite for the said Forces, and to nominate Collectors, and one or more Treasurer or Treasurers; which Collectors are by them to be appointed to levy the said summes, together with the necessary Charges which shall be expended in the Collecting thereof, by way of distresse and sale of the Goods of the Person or Persons so Assessed, in case he or they refuse to pay the same within three dayes after demand given or left in writing at the usuall dwelling of him or them; and the said Collectors may call to their Assistance the Constables and Headboroughs, or any of the Companies of Volunteers, or other Forces in the said Countie, and to pay them reasonable allowance out of the Offenders Estates; who are hereby required to be ayding and assisting to the said Collectors in the Premises, as they will answer the contrary thereof. And be it Ordered, that every Person shall be rated for the Estate he hath in the severall places in the said County; And if Land be let or set neere the value thereof, such Person or Persons, to whom the rent thereof belongeth, to be solely chargeable therewith: But if the same be let under value, then the summe Taxed to be apportioned betwixt the Party and him who receives the rent, as the Taxers shall thinke fit: And if they, or any of them shall doe injury in making the said Assessements, the same to be rectified by the said Committee or any seven of them according to their discretions; and if any Assessors or Collectors, or Constables shall refuse the said service, or prove negligent or faulty therein; The said Committee or any seven of them shall have power to commit such Assessors, Collectors or Constables to prison, or to set a fine upon him or them as they shall thinke fit, not exceeding the summe of ten pounds for every Offence; the said Fine to be levyed by distresse and sale of the Offenders Goods. And it is Ordained that the Treasurers appointed by the said Committee shall keepe a Register-booke of the summes received and paid out by them; so that they may give a just and perfect Accompt thereof unto the said Committee when they shall be by them required; And for the better encouragement of the said Collectors and Treasurers; It is Ordained that two pence in the pound shall be allowed unto the said Collectors for every summe of Money collected and paid by them to the said Treasurer or Treasurers, and one penny in the pound for the said Treasurer and Treasurers for every summe of Money received and disbursed by them, act cording to this Ordinance: And it is also Ordained, that whatsoever sums of Money are, or shall be set or imposed by vertue of this Ordinance upon any Landlords, for or in respect of any Lands or Hereditaments held of them by any Tenants The same summes of Money shall be paid by their severall respective Tenants, and they shall deduct and defalk the same out of the next Rents payable by them to their Landlords; And for so doing, the said Tenants, their Heirs, Executors, Administrators or Assignes, from any Grant, Covenant, Condition or Writing, Obligation, or other matter whatsoever made to the contrary, shall by vertue of this Ordinance be fully discharged.
County not chargeable with Forces when out of its bounds,
And it is Ordered and Ordained by the Authority aforesaid; That in case the said Forces or any of them, shall be commanded out of the Bounds and Limits of the said County, the said County shall not be charged with the payment of them, during their absence, unlesse they march forth of the said County with the leave of the said Committee for the time being, or of seven of them.
Committees power under Ord. 14 Sept. 1643, saved.
Provided, and it is Ordered and Declared, that nothing in this Ordinance contained shall be expounded or taken to abrogate the Power given to the said Committee by the said Ordinance of the fourteenth of September last, But that the same shall be of full force, according to the true meaning thereof.
Indemnity to Committee.
And it is lastly Ordered, Declared and Ordained, that the good endeavours of the said Committee in the Execution of the Premises, are and shall be taken as reall and publique Testimonies of their good Affections to the publique weale: And themselves, and such others as shall act according to the true meaning of this present Ordinance, shall be, for so doing, saved harmlesse and indempnified by Power of Parliament, upon all future occasions which may happen.
Ord. to be in force for four months.
Provided that this Ordinance be no longer in force, then for the space of foure moneths, to begin from the eighteenth of this present December, unlesse both Houses of Parliament shall give further Order therein.