October 1644: An additional Ordinance to a former Ordinance of the 19. of February last past, granted to divers persons of the County of Middlesex therein named, for putting the said County into a posture of Defence.

October 1644

[25 October, 1644.]

Ord. 19 Feb. 1643/4.

Whereas by an Ordinance of the Nineteenth of February last past, certain persons therein named, were Ordained, and appointed to be a Committee for Voluntiers of the said County, and such other Forces as then were or should be raised and imployed for the present defence of the said County, and the City of London, by the Order and advice of the Deputy Lieutenants of the said County, with power to raise such sum and sums of money, as by them should be judged convenient and necessary, for the raising, arming, arraying, trayning, disciplining, and maintaining of the said Forces, provided that it did not exceed the sum of Two hundred and fifty pounds by the week: In pursuance whereof, and by the good endeavors of the said Committee, in execution of the power and directions thereby given to them; and by the voluntary and cheerful subscriptions of very many well-affected inhabitants of the said County, without the Lines of Communication, there have been already raised and Armed, two Regiments of Foot consisting of neer four Thousand, besides two Hundred Horse and Foot in the Garison of Woxbridge, weekly paid by the Inhabitants of the said County, without the Line, and more might have long since been raised, with a body of Horse, proportionable to the said foot, had these of the said County within the Lines of Communication (who are equally concerned in the common danger, and benefited by the common defence and safety of the said County) born their parts and proportions in the weekly rates and Assessments with the rest of the said County, according to the said Ordinance.

Names of Committee for Militia of Middlesex without Lines of Communications, etc.; Powers; Officers and Soldiers that neglect Summons of Committee to be fined.; Persons that neglect Summons to serve in the Arms of others to be fined.; Committee may charge Carts, Horses, etc.; Penalty to owners for refusal. Power to tax or to nominate Assessors so to do.; To appoint Collectors.; To nominate Treasurers; Treasurer to keep Register Book.; To render account to Committee.; Penalty for Assessors or Collectors that refuse service.; Collectors Allowance.; Distress of goods on retusal to pay Fine.; Assistance.; Allowance for assistance out of offenders' estates.; Where no distress found, Committee may imprison offenders and sequester their estates till double rate be paid.; Arms of such persons to be seized. Persons that have Estates in several places to be rated in each..

The Lords and Commons assembled in Parliament, taking the same into their serious considerations, and foreseeing how necessary it is, both for the defence and safety of the said County, to make timely provision for the better preventing and resisting of any Forces that shall make, or attempt to make any insurrection in the said County, or any invasion, or incursion into the same, that the said County shall be put, not onely into a good posture of War (for which purpose the said Ordinance was intended) but also that there should be some further addition made to the said Ordinance, and some larger power granted to some Persons of known integrity within the said County, without the Line, for the raising of more forces, both of Horse and Foot, and the regulating of the same, with power to Leavy such sum and sums of Money for the maintaining of such Forces as shall be raised, as to them shall seem convenient and necessary: Do think fit to Order and Ordain as followeth; And be it Declared, Ordered and Ordained by the said Lords and Commons in this present Parliament assembled, That George Earl of D'Esmond, William Bridges Esquire, Sir Gilbert Gerard, Sir Edward Barkham, Sir Richard Sprignel, Baronets, Sir John Danvers, Sir John Francklin, Sir William Roberts, Sir Iohn Hippesley, Sir Iames Harrington, Sir John Trever, Sir John Thorowgood, Knights; Laurance Whittaker, John Huxley, Colonel Richard Brown, Thomas Wilcox, John Morris, Richard Downton, Justinian Paget, Gilbert Gerrard, Henry Mildmay, Tobias Massey, John Wroth, Edward Claxton, Robert Hampton, John Alford, Iames Hawley, Richard Grames, John Hervey, William Lane Walter Williams, Daniel Proctor, Paul Nicol, Anthony Aylmer, Christopher Cooper, Theodorus Willy, Esquires; John Wolverston, Iohn Redding, Thomas Norwood, Iohn Norwood, Junior, Thomas Weeks Junior, Augustine Wingfield, William Stisteed, Edward Plumsteed, Iohn Barns, Iohn Dods, Daniel Cole, William Smith, Richard Trout, Thomas Treswallen, Thomas Hogsflesh, Iohn Offley, Edward Prescot, Matthew Coleburn, William Greenhil, Leonard Wealsteed, Henry Arundel, Samuel Edlin, Henry Haley, Richard Nicol, Stephen Ewer, Thomas Fletcher, Edward Nicol, Iohn Cornish, Christopher Hill, Robert Morton, Thomas Childe, Ralph Iohnson, Iohn Francklin, Arthur Nicol, Robert Stanbrough, Ioseph Downer, Daniel Enderby, Henry Finch, William Warren, Iohn Smith, Iohn Haly, Daniel Brown, Iohn Rowse, Iohn Hill, Iohn Briginshaw, Francis Childe, Iohn Pearce, William Smith of Isleworth, William Maynard, Robert Cromwel, Ezekiel Tanner, William Turner, Iohn Finch, Ralph March, William Finch, William Atlee, Roger Nicol, Richard Owen, Thomas Moor, Richard Pigge, Reynald Beacham, William Arnold, Henry Proctor, Iohn Arnold, William Earsby, Iohn Cleaver, Iohn Nutmaker, Robert Goodale, William Cooms, Iohn Stevens, Matthew Baker, and Thomas Pit, Gentlemen, all of them Inhabitants of the said County, without the Lines of Communication, and places mentioned in the weekly Bills of Mortality, shall be, and are hereby appointed and Ordained, to be a Committee for the Militia of the said County of Middlesex, without the Lines of Communication, and places mentioned in the weekly Bills of Mortality: And they or any seven or more of them whereof two to be Deputy Lieutenants, within the Limits aforesaid, shall have power and are hereby Authorized to meet and sit at such convenient times and places, and as often as they shall think fit, for the better and more speedy putting this present Ordinance in execution according to the true intents and purposes therein contained, And are hereby authorised, to raise out of the respective towns, Town-ships, Liberties, and places within the said County, (other then in such places as are within the Line of Communication) and weekly Bills of Mortality, such forces of Horse and Foot, as they or any seven or more of them, whereof two to be Deputy Lieutenants, shall from time to time think needful for the necessary defence of themselves, and the parts adjoyning with whom they are, or shall be associated for their mutual defence, and to direct and appoint what persons, and what numbers and Companies of persons, shall from time to time be sent forth Armed, and prepared to their place and places of Rendezvous, thence to be led and Conducted, by such Commanders, Colonels, Captains and Officers, as by the Deputy Lieutenants of the said County for the time being, or the greater number of them, shall be from time to time nominated and appointed; and by Warrants under their hands, to be directed to such Constable or Constables, or other person or persons as they shall think fit, to commit such persons as shal fully refuse to do the said Service or not appear at the places appointed unto prison without bail or mainprize, until he or they shall conform themselves thereunto: And if any Officers or Soldiers of the Trained-Bands, or other Forces, either of Horse or Foot of the said County, have heretofore since the first of October last, refused or neglected, or if they, or any other Forces of Horse or Foot, already raised or to be raised at any time hereafter by this Committee or Deputy Lieutenants as aforesaid, shall refuse or neglect upon Summons, according to this or other Ordinances of Parliament, to attend their charge and to appear with their Horse and Arms so charged upon them, or to send some able man with such Horse or Arms as they are charged withal, or to satisfie, discharge or pay, all such sum or sums of Money, as is, hath been, or from time to time shall be due, to, for, or by reason of their several or respective Horses, Quarters, Riders, hired-men or otherwise, unto such person or persons, as shall be thereunto nominated and appointed by the said Committee, or any seven or more of them, two whereof to be Deputy Lieutenants, That then it shall and may be lawful, to, and for the said Committee, or any seven or more of them, two whereof being Deputy Lieutenants, for every such offence, to impose such Fine, as to them shall seem fit, upon the persons, making, or having made deafult; Provided it exceed not the sum of five shillings per diem upon him that shall finde or supply a Foot Arms, and ten shillings per diem upon him that shall finde or supply a Horse Arms. And if any that are charged to serve in the Arms of others, shall refuse or neglect to appear, and do their service upon Summons, That then the said Committee, or number as aforesaid, shall have power and are hereby authorized to punish them by Fine or Imprisonment: Provided, That such Fine exceed not the sum of two shillings six pence per diem upon him that serves with a Foot Arms, and five shillings per diem upon him that serves with a Horse Arms, or ten days Imprisonment for each; And also to punish by Fine or Imprisonment, all such as shall be mutinous or disturbers of the Peace of the said County or that otherwise shall be hinderers or contemners of the said service; Provided, the said Fine exceed not the sum of ten shillings for any one offence, or Imprisonment till they conform. And the said Committee or number as aforesaid, shall have power, and are hereby authorized to charge Carts, Carriages and Horses, for the furtherance of this service, allowing so much a Mile for a Cart and Horses, as the Committee or number aforesaid, whereof two to be Deputy Leutenants shall think fit. And in case of refusal, to punish the owners by Fine or Imprisonment, such Fine not exceeding the sum of five pounds, or Imprisonment for twenty days for every default. And further, to enable them to maintain and pay such Forces as shall from time to time be raised, to be drawn forth upon occasion as aforesaid; The said Committee hereby made, or any seven or more of them, whereof two to be Deputy Lieutenants of the said County, shall have power, and are hereby authorized from time to time to Rate, Assesse and Tax, or to nominate Assessors to Rate, Assesse and Tax, upon the respective Towns, Townships, Liberties, Persons and Places, within the said County (other then upon such places as are within the Line of Communication, and weekly Bills of Mortality) in an equal way, according to their Estates and Abilities there, or according to the most usual proportion of rates, in the last weekly Assessment there, such sum and sums of Money, as by the said Committee hereby made, or any seven or more of them (whereof two to be Deputy Lieutenants of the said County) shall be from time to time judged fit and requisite for the said Forces, and also for discharging the Publique Debts, and Arrerages of the said County for Fortification of the Town of Woxbridge, and maintaining of the Garison there, and other publique charges since the first of October, 1643. And to nominate and appoint Collectors for the Levying and receiving of the Moneys, so to be Rated or Assessed as aforesaid, according to this Ordinance, and to nominate a Treasurer or Treasurers thereof: Which said Collectors, shall Collect the said sums of Money, so to be Assessed or Taxed weekly, or otherwise, and shall pay the same to such person or persons as shall be so appointed Treasurer or Treasurers thereof, as aforesaid, and at such times and places as they shall receive direction in that behalf from the said Committee hereby made, or any seven or more of them, whereof two to be Deputy Lieutenants of the said County; Which Treasurer or Treasurers so to be appointed, shall from time to time pay and issue forth such money as shall be so paid to him or them, in such sort as the said Committee hereby made, or such of them as aforesaid, shall from time to time, by any Warrant or Warrants under their hands, direct or appoint, and shall keep a Register-Book of all such sums of Money as shall be so received or paid forth by him, them, or any of them, And shall from time to time give an accompt of all such sums of Money as shall be so received or paid forth by him, them or any of them, unto the said Committee hereby made, or any two or more of them, whereof one to be a Deputy Lieutenant of the said County (being thereunto authorized and appointed by the said Committee or number aforesaid) when and as often as they shall require the same. And if any of the said Assessors or Collectors, or any of them, shall refuse the said service, or that they or any of them, or any Constable, Headborough or other person, shall refuse to do or execute any other Act or service, which shall be required of them, or any of them, in execution of this Ordinance, or prove negligent or faulty therein, the said Committee hereby made, or such of them as aforesaid, shall have power, and are hereby authorized to commit such Assessors, Collectors, Constables or other persons as shall so refuse, or be negligent or faulty, to prison, or to set such Fine upon him or them as they shall think fit, so as such Fine for any one offence or neglect, do not exceed Ten pounds, or Imprisonment Twenty days; every of which Fines so set, shall be Collected by the said Collectors, or such others as shall be appointed by the said Committee or some of them, and shall be paid unto the said Treasurer or Treasurers, and imployed to the use aforesaid: And for the better advancement of this service, and encouragement of those who shall be imployed therein by the said Committee, It is Ordained, That two pence in the pound shall be allowed to the said Collectors, for every sum or sums of Money Collected and paid by them to the said Treasurer or Treasurers, and to such Officers and others as shall be imployed in this service by the said Committee, such allowance and satisfaction as to the said Committee, or number aforesaid shall seem meet and expedient, according to their several pains and employments. And if any person or persons who shall be fined, Rated, or Assessed by vertue of this Ordinance (and who by the true intent and meaning hereof is, are, or ought to be chargeable, or charged with the payment of any sum or sums of Money or Fine, which shall be Set, Rated, or Assessed upon him or them) shall refuse to pay the same, or shall not pay the same unto such Collector or Receivers who shall be appointed to Collect or Receive the same, upon demand thereof made by such Collector or Receiver, as shall not send it unto such Collector, Collectors, or Receivers, within four days next after notice thereof left in writing, at the place where such person shall be then dwelling and abiding, or where such person as shall be so Fined or Assessed did dwell, or abide at the time when such Fine was imposed, or Assessment made; That then it shall and may be lawful, to and for the said Collectors, Receivers or any of them, to Leavy the sums so imposed or Assessed by distresse and sale of the Goods of such persons so refusing or neglecting to pay wheresoever the same shall be found, deducting the sum so imposed or Assessed, and the reasonable charges of distraining, and restore the overplus to the owner thereof; And if any person or persons so distrained, or any other person or persons shall make any resistance in the Premises, the said Collectors or any of them may call to their assistance any of the Constables, Headboroughs and Companies of Trained Bands, Voluntiers or other persons in the said County, who are hereby authorized and required, to be therein ayding and assisting to the said Collectors or Receivers, and every of them as they will answer the contrary thereof, upon penalty of such fine as shall be thought fit by the said Committee, or number as aforesaid, according to the nature of their offence, provided the said fine exceed not the sum of twenty shillings: And for such assistance are hereby authorised to pay them reasonable allowances out of the offenders Estate. And in case no sufficient distresse shall or may be found, whereby to pay the fines, or sums of Money which shall be so set, Rated or Assessed as aforesaid; Then the said Committee hereby made, or any seven or more of them, whereof two to be Deputy Lieutenants, shall have power to imprison the persons of such offenders, and are hereby authorized (for the use aforesaid) to Sequester the Rents, and other the Estates of all and every such Person or Persons so refusing or neglecting to pay the same, until such time as the double sum of the said Fines, Rates or Assessments shall be satisfied and paid. And in such case also all the Arms of every such person and persons so refusing or neglecting to pay any such Fine, Rate or Assessment, shall be taken away and seized by the said Committee, or any seven or more of them, whereof two to be Deputy Lieutenants of the said County, or their Agents, for the use and defence of the said County.

In case of Lands let, who to be chargeable.; Rates imposed on Landlords to be paid Tenants and defalked by them out of Rents.; Indemnity; Collectors may levy tax by distress on Tenants charged for Landlords,.

And it is further Ordained and Declared. That every person who hath any Estate in more places than one within the said County, shall be Rated and Assessed in every of those places respectively for such Estate as he hath there. And where any Lands or Tenements within the County are or shall be letten or set at or neer the yeerly value thereof, such person or persons to whom the Rent thereof belongeth, shall be wholly charged and solely Assessed for the same: But where any such Lands or Tenements are or shall be letten or set at any considerable undervalue, then the sum which shall be Rated or Assessed upon, or in respect of those Lands and Tenements, shall be apportioned by the said Assessors, having an equal regard to the proportion of the Rent which the Tenant thereof pays, and the clear yearly value of the same Lands and Tenements over and above that Rent; and shall be accordingly Assessed upon the Tenant, and person or persons to whom the same Rent belongs. And what sum or sums of Money soever are or shall be set or imposed by vertue of this Ordinance upon any Landlord or Landlords, for or in respect of any Lands, Tenements or Hereditaments held of them by any Tenant or Tenants, the same sum and sums of Money shall be paid by their several and respective Tenants, who shall and may deduct and defalk so much as they shall so pay, out of such sums of Money and Rents as are or shall be due or owing by them respectively to their respective Landlords, and may retain the same to their own uses respectively in satisfaction of so much as they shall so pay for their Landlords; and for so much as any such Tenant or Tenants shall by verture of this Ordinance pay for any such Landlord, such Tenant or Tenants, his and their Heirs, Executors and Administrators, and every of them shall be thereof saved harmlesse, and is, and are hereby thereof discharged against such Landlord and Landlords, and his and their Heirs, Executors, Administrators and Assigns, and against all Distresses, breaches of Conditions, and all other penalties, Forfeitures, Damages, Losses, Actions, Suits and Demands for the same, or by reason of such Tenants not payment thereof to such Landlord and Landlords, or other person or persons for whom such Tenant or Tenants shall pay the same by vertue of this Ordinance. And if any Tenant or Tenants that shall be set or charged by vertue of this Ordinance, at any sum or sums of Money for his or their Landlords, shall refuse or neglect to pay the said sums, that then it shall and may be lawful to and for the Collectors to Leavy the same by distresse and sale of such Tenant or Tenants goods as aforesaid.

Persons over-rated to complain to Committee.; Authority to Committee to moderate or certify.; Power given by former Ord. to Committee for Weekly Assessments to cease.; This Committee to have all powers of Committee named former; Power to Deputy Lieutenants to appoint Officers for Forces raised.; Said Forces to be undor command of Deputy Lieutenants, and not to leave said County without Committee's consent.; County not to be charged with then payment during absence, unless by consent of Committee.; Money of Delinquents discovered by Woxbridge and Garrison to be employed for said Garrison and other public charges of County.; Proviso.

And be it further Ordained and Declared, That if any person or persons who shall be Rated or Assessed either by vertue of this or of the said former Ordinance, shall finde him or themselves agrieved, and can make it truly and justly appear that he or they is or are over-rated, then such person or persons at any time, before any distresse shall be taken of his or their goods for his refusal or not payment of such Assessment, may thereof complain to such of the Committee hereby made, or any three or more of them, whereof one to be a Deputy Lieutenant of the said County, who thereupon for the relief and ease of such person or persons whom they shall judge to be so over-rated, are hereby authorized to moderate or certifie the same, and further to do therein as in their discretions they shall think fit (which being a more ready way for the ease and relief of the parties complaining, then was provided by the said former Ordinance, which invested the Committee for the Weekly Assessments of the said County, or any two of them with power in that behalf: It is hereby Declared and Ordained, That all such power as by the said former Ordinance is given to the said Committee for Weekly Assessments, or any two of them, shall cease, and not be any longer put in execution. And for the better execution of the said former Ordinance, which in many things cannot be put in execution but by the major part of the Committee therein named, who being many in number, and many of them imployed upon other publique affairs, cannot so often meet to attend that service, as the necessity of it requires, It is hereby Declared and Ordained, That the said Committee hereby made, or any seven or more of them, whereof two to be Deputy Lieutenants of the said County, shall have power and are hereby authorized, to do and execute all and every such Act and Acts, thing and things, as the major part of the Committee named in the said former Ordinance, might, should or ought to have done by vertue of that Ordinance: And that whatsoever the said Committee hereby made, or any seven or moro of them, whereof two to be Deputy Lieutenants of the said County shall do or execute, which the major part of the said Committee named in the said former Ordinance, might, could, should or ought to have done by vertue of that Ordinance, shall be as valid and effectual to all intents and purposes, as if the same had been done by the major part of the Committee named in the said former Ordinance. And it is further Ordered and Ordained by the said Lords and Commons, That the Deputy Lieutenants of the said County for the time being, or the greater number of them, from time to time shall have power and are hereby authorized to constitute, appoint and make such of themselves, or of such other who are named to be Committees, either in this or the said former Ordinance, or such other person or persons, as by such Deputy Lieutenants or the greater number of them shall be thought fit, to be Colonels, Captains and other Commanders and Officers over all such Forces both of Horse and Foot as are or shall be raised by vertue of this and of the said former Ordinance, or either of them; And the same Colonels, Captains and other Officers, from time to time, at their wills and pleasures, to remove out of their places, and in their places to constitute, appoint and make such others as aforesaid; and that from time to time, when, and so often as they shall think fit, but in such nomination and appointment they are to take special care, that such Colonels, Captains and other Officers as shall be so constituted and appointed by them, be men of known Integrity, and such as may be resident in the said County, and may diligently and frequently Discipline and Exercise such of the said Forces as shall be under their respective Commands. And it is further Ordained and Declared by the said Lords and Commons in this present Parliament assembled, That the said Forces raised by vertue of this or the said former Ordinance, shall be Ordered, Governed and Disposed of by the said Committee, or major part of them, four or more whereof being Deputy Lieutenants of the said County, and having residence within the Limits aforesaid, for the defence and safety of the said County, and shall not at any time be drawn out of the said County without their consents as aforesaid; And the said County shall not be charged with the payment of them during their absence, unlesse by the assent and licence of the said Committee hereby made, or the greater number of them, whereof four or more of them to be Deputy-Lieutenants as aforesaid, who in all cases of Imminent danger, or other Emergent occasion, wherein they shall think it necessary and fit, are hereby authorized to give their licence and assent in that behalf; but in every such case, and upon every such occasion, special care is to be taken by them, that such persons as freely and liberally contribute towards the raising and maintaining of the said Forces, may be spared from that service, as much and as often as the said Committee hereby made, or the greater number of them shall think it may stand with expedience and safety of the said County. And it is further Ordained and Declared by the said Lords and Commons in this present Parliament assembled, That in regard a great part of the said County is taken away for the present, by reason of the Lines of Communication, which otherwise would be liable to contribute towards the aforesaid Garison of Woxbridge, and other publique charges of the said County, that whatsoever sum or sums of money, or other goods of any Delinquents that shall be intercepted or discovered by means of the said Garison, shall be wholly at the disposal of the Committee named in this Ordinance, or number as aforesaid, towards the maintenance of the said Garison, and other publique charges of the said County: Provided, and be it further Ordained and Declared, That the said former Ordinance of the Nineteenth of February, shall as to all the power, purposes and things therein contained (except onely as to such of the powers thereby given, as are hereby Ordained, to cease, and not to be put any longer in execution) continue and be in full force and effect, Neverthelesse with such alterations and additions as are hereby made or intended; All which are to be put in execution, according to the true intent and meaning of this Ordinance, and shall be as effectual to all intents and purposes, as if the same had been at first contained in the said former Ordinance. And it is lastly Ordered, Declared and Ordained, That the good endeavors of the Committee named in this and the said former Ordinance, and either of them, and of all such other person or persons as shall be active or assisting in the execution of the premises, or in advancing or furthering of this service, are and shall be taken as real and publique Testimonies of their good affection to the publiqueweal: And they and all such others as shall act according to the true meaning of this and the said former Ordinance, or either of them, shall be for so doing protected and saved harmlesse, and Indempnified by the power of the Parliament: Provided, that this Ordinance shall continue and be in full force for six Moneths and no longer.