House of Lords Journal Volume 5: 31 March 1643

DIE Veneris, 31 Martii.

PRAYERS.

The Earl of Manchester, Speaker this Day.

Mr. Gifford, a Pass.

Ordered, That Phillipp Gifford shall have a Pass, from London to Oxon.

Lady Campden, to be assessed as a Peeress.

After long Debate, "Whether the Lady Elizabeth Viscountess Dowager Campden should be cessed as a common Person, upon the Ordinance for the Twentieth Part of the Estate, or cessed by the Peers?"

Resolved, upon the Question,

That the said Lady Elizabeth Viscountess Campden, being a Peer's Widow, is exempted from being assessed as a common Person, upon the Ordinance of Parliament for the taxing of the Twentieth Part of the Estates as other Peers are.

Assessment to be taken out of Lord Campden's Estate.

Ordered, That the Speaker shall write to the Lord Grey, "That the Two Thousand Pounds, assessed in Parliament, shall be taken out of the Estate of the now Lord Viscount Campden, and not out of the Jointure of the Lady Viscountess Julian Campden, Wife of the late Viscount Campden, deceased."

Rosse's Cause, about his Money stopped at Gravesend.

Upon hearing of the Cause between William Rosse, against John Robinson and Christofer Dighton; it is Ordered, That the Cause shall be left to its proceeding in the Exchequer.

E. of Portland and his Brother, a Pass.

Ordered, That the Earl of Portland, and his Brother Nich. Weston Esquire, to have a Pass into Surrey, with his Servants, and to return to the Parliament by the 10th of April next.

Mrs. Massey's Cause.

Ordered, That Mr. Doctor Heath shall speak with Mr. Goodwin, of the House of Commons, touching Mrs. Masseye's Business; and, after Examination of the Cause, to make report to this House.

Mr. Jervice, a Pass.

Ordered, Mrs. Jervice shall have a Pass, from London to Oxon, with Furniture.

Captain Ashe, a Pass to Holland.

Ordered, Captain Isaac Ash shall have a Pass, with Two Servants, into Holland.

Mr. Pory to be heard; about the Sequestration of his Living.

Ordinance for Hertfordshire read and passed. (Here enter it.)

Ordered, That Mr. Pory, that hath a Sequestration brought from the House of Commons against him, shall be heard on Tuesday next, what he can say for himself.

Capuchins at Denmark House.

Ordered, That the Business touching the Capuchins shall be considered of To-morrow.

Ordinance for raising Money Weekly in Hertfordshire.

"Veneris, 31 Martii, 1643.

"Whereas the Lords and Commons in Parliament assembled have been credibly informed, that great Forces are now marching, from Oxford, towards the Counties of Bucks, Bedford, Herts, and Counties adjacent, to the great Terrors, Affrightment, and Amazement of His Majesty's good Subjects inhabiting in the Counties aforesaid; and, having taken the same into their serious Consideration, do (for the Prevention of all Incursions of Enemies, avoiding of all Rapines and Plunderings, or other mischievous Actions) Order and Ordain, That there shall be a speedy raising of large and considerable Sums of Money, for the levying and paying of Forces, fortifying of Towns, and buying of Arms, Ammunition, and whatsoever else may be requisite and necessary for the Defence and Safety of His Majesty's good Subjects of the County of Herts; which that it may be done with as much Ease and Indifferency to the good Subjects as the Exigency of the Time will permit, for the Intents and Purposes aforesaid, the Lords and Commons do Ordain, That there shall be rated, taxed, charged, and levied, upon the several Inhabitants of the County of Herts, the Sum of Four Hundred and Fifty Pounds every Week, Weekly to be collected and gathered within the several Hundreds of the said County, over and above the Weekly Sum already laid upon the said County by Ordinance of both Houses of Parliament, for the Lord General's Army; and, for the better raising of the said Weekly Sum of Four Hundred and Fifty Pounds, for the Use and Uses of the County of Herts aforesaid, the said Lords and Commons do further Order and Ordain, That every Person and Persons, as well Ecclesiastical as Temporal, and every Fraternity, Guild, Corporation, Mystery, Brotherhood, and Commonalty, Corporate or not Corporate, as well Ecclesiastical as Temporal, within the County of Herts, for the Value of every Pound which every such Person Fraternity, Guild, Corporation, Mystery, Brotherhood, or Commonalty, Corporate or not Corporate, hath of his or their own, or that any other hath to his or their Use or Uses, as well in Coin, in Plate, Stock of Merchandize any Manner of Corn and Grain, Household Stuff, and of all other Goods moveable within the said County, and of all such Sum and Sums of Money as to him or them is are or shall be owing, whereof he or they trust in his or their Conscience to be paid; except, and out of the premises deducted, such Sums of Money as he or they owe, and is in his or their Conscience intended truly to pay; and except also the Apparel of every such Person, their Wives and Children, belonging to their own Bodies (saving Jewels, Gold, Silver, Stones, Pearl), shall pay towards the said Weekly Sum of Four Hundred and Fifty Pounds; and every Alien and Stranger, as well Denizens as others; and also every Popish Recusant, Convict or not Convict; and all such as have not at all contributed to the Propositions of both Houses of Parliament for Arms, Money, or Plate, shall pay, towards the Sum aforesaid, a Proportion double to those of the like Estates, being no Aliens or Recusants, and hath contributed to the full upon the Propositions, according to their Estates; and that every Person within the said County, as well Ecclesiastical as Temporal, and every Corporation, Fraternity, Guild, Mystery, Brotherhood, and Commonalty, Corporate or not Corporate, as well Ecclesiastical as Temporal, for every Estate that every such Person or Persons, and every Corporation, Fraternity, Guild, Mystery, Brotherhood and Commonalty, Corporate or not Corporate, or any other to his or their Use, in Trust or otherwise, hath in Fee Simple, Fee Tail for Term of Life, Term of Years, by Execution, Wardship, or by Copy of Court Roll, of and in any Honours, Castles, Manors, Lands, Tenements, Rents, Services, Tithes, Oblations, Obventions, Annuities, Offices of Profit, Fees, Corrodies, or other Yearly Profits or Hereditaments, as well within Ancient Demesne and other Places privileged as elsewhere, shall pay, to and towards the said Weekly Sum, his and their proportionable Part and Portion of Sum or Sums of Money, as shall be imposed, charged, and set upon every the Particulars within the aforesaid County, according as the same shall be divided, distributed, taxed, or set, upon each several Town, Hamlet, Parish, or Place, where such Person or Persons is or shall be chargeable by this Ordinance, and the true Intent and Meaning thereof; except and always foreprized from the Charge and Assessment of the Sum aforesaid all Goods, Chattels, and Ornaments, belonging to any Churches or Chapels, which have been ordained and used in any Churches and Chapels for the Service of Almighty God; and except Yearly Wages due to Servants for their Yearly Service: And the said Sum so charged shall, by Authority of this Ordinance, be taxed, cessed, and rated, in every Hundred, City, Town, Hamlet, Parish, and every other Place within the said County, before the Twentieth of April, in the Year of Our Lord 1643; and the First Payment of the said Weekly Sum so assessed by this Ordinance shall be made at or before the First Day of May 1643; and the said Weekly Payment to continue Weekly, for Three Months next ensuing from the First Day of May, unless the Armies pretended to be the King's shall be disbanded in the mean Time: And, for the better expediting of the said Service, in levying, assessing, and collecting the said Weekly Sum of Four Hundred and Fifty Pounds, be it further Ordained, by the said Lords and Commons, That the Lord Viscount Cramborne, Rob't Cicill Esquire, Sir John Gerrard, Sir John Read, Knights and Baroners, Sir Thomas Dacres, Sir Wm. Litton, Sir John Wittewrong, Knights, Richard Jennings, Will'm Leaman, Wm. Prevstley, Gravely Norton, Esquires, Edward Atkins Serjeant at Law, John King Doctor in Physic, Henry Meantis Senior, Ralph Freeman, John Heydon, Allexander Wilde, Rich. Porter, Adam Washington, Gabriell Barber, John Robotham, Toby Combes, John Pemberton, William Beaman of Redborne, Litton Fairclough, John Scroggs, Thomas Sadler of St. Albans Esquire, the Mayor of St. Albans for the Time being, the Mayor of Herts for the Time being, John Marsh, Isaack Puller, Thomas Meade, Ralph Pemberton, John Thewer, Will'm Carter of Offley, Gentlemen, or any Two or more of them, shall be appointed and Ordained Committees, for the levying, assessing, and collecting of the aforesaid Sum of Four Hundred and Fifty Pounds, to the Uses and Purposes already expressed in this Ordinance; and, for the better raising of the foresaid Weekly Sum, the said Committees shall agree to divide and sever themselves into such Hundreds, Places, and Divisions, within the said County, as to them shall seem meet and expedient; and afterwards the said Committees, or any Two of them respectively, shall direct their Warrants to such Number of Persons as they shall think fit, within their several and respective Divisions, to appear before them, or before any Two of them; and, upon their Appearance, the said respective Committees, or any Two of them, shall nominate and appoint such Persons as they shall think fit, within their respective Divisions; which said Persons so nominated, or any Two of them, shall have Power to assess any Person or Persons, Fraternity, Guild, Corporation, Mystery, Brotherhood, Commonalty, Corporate or not Corporate, chargeable by this Ordinance to the Weekly Rate and Proportion in this Ordinance mentioned; and the said Committees, or any Two of them, shall have full Power and Authority, within the said County, in their several Divisions, to nominate Collectors for the Money so assessed and rated as aforesaid, according to this Ordinance; which said Collectors shall collect the said Money so assessed, and pay the same to such Treasurers as shall be appointed by the said Committee, or any Five of them; and, if any Person or Persons, Fraternity, Guild, Corporation, Mystery, Brotherhood, Commonalty, Corporate or not Corporate, chargeable by this Ordinance, shall refuse to pay the Sum or Sums upon him or them assessed by virtue of this Ordinance, or shall not pay the same upon Demand, at the Place of his Abode, or where such Assessment shall be made, it shall be lawful to and for the respective Collectors, or any of them, to levy all or any such Sum or Sums so assessed, by Way of Distress and Sale of the Goods of the Person or Persons so assessed, wherever the same shall be found, and to break open any House, Chest, Trunk, Box, or any other Thing, where any such Goods are; and if any Person so distrained, or other, shall make Resistance, it shall be lawful to and for the said respective Collectors, or any of them, as they see Cause, to call to their Assistance, by the Power of the superior Officers of the Forces of the said County, any of the Trained Bands, or Companies of Voluntiers, or other Forces, of or within the said County, Place, or Places, where such Resistance shall be made, or any other Person or Persons whatsoever, dwelling in or near the Place; and the several Officers, Commanders, and Soldiers of the same, or other the Persons so to be called, are hereby required to be aiding and assisting to the said respective Collectors in the Premises, as they will answer the contrary thereof: And be it further Ordained, That every Person to be rated and taxed as aforesaid, if he have an Estate, either in Lands, Tenements, Hereditaments, Rents, Annuities, Fees, Offices, Goods, or Chattels, in several Places in the said County, then to be rated in the said several Places according to such his said Estate in the said Places, and the Sum on him set to be there levied accordingly: And be it also Ordained, That all Lands, Tenements, and Hereditaments, of all and every Person and Persons whatsoever, of what Degree or Quality soever, or in whose Possession soever the same are, shall be rated, charged, and chargeable, for and towards the Raising and Payment of the said Weekly Sum of Money set and charged by this Ordinance; yet nevertheless with this Limitation and Provision, that, if the Land be set or let to or near the Yearly Value thereof, in the Possession of any Tenant for Life, Lives, or Years, or at Will, such Person or Persons to whom the Rent thereof belongeth to be solely chargeable therewith; but, if the same be let at any easy or small Rent, or Undervalue, then the Sum taxed to be apportioned between the Party or Parties to whom the Rent belongeth, and the Tenant or Occupier of the Lands, Tenements, and Hereditaments, as the Taxers shall think meet; and if they, or any of them, shall do any Injury, the same to be rectified by the said Committees, or any Two of them, within their several Limits and Divisions, according to their Discretion; and if any such Tenant or Occupier of Lands, Tenements, or Hereditaments, shall or may be charged with any Sum of Money contrary to the true Intent and Meaning of this Ordinance, that it shall and may be lawful to and for such Tenant or Occupier to stop and detain the same from and out of his Rent due for the same Land, or to take his lawful Remedy (against such Person or Persons to whom the said Rent is or shall be due or belonging, who ought, by the true Meaning of this Ordinance, to be charged with (fn. 1) it) by Action of Debt, wherein no Wager of Law, Protection, or Essoign, shall be allowed; and for all Manner of Debts whatsoever, or Sum or Sums of Money due or owing to any Person or Persons, by any Person or Persons within the said County, the Person or Persons to whom such Debts shall be due to be charged for the same, during his Abode and Residence in the said County: And be it Ordained, That no Person, being or calling himself Household Servant, or Waiting Servant, to the King's Majesty, or other Lord or Lady, Master or Mistress, be excused from the Taxes of the said Payment, when he shall be set and taxed in the Hundreds, Hamlets, Parishes, and other Places of the said County; and if any Person that ought to be set and taxed to the said Payment, by his Crime, or Craft, or any Words or Sayings, or otherwise, happen to escape from the said Payments, to be not set and taxed according to the true Meaning of this Ordinance, and that proved by Presentment, Examination, Information, or otherwise, before the said Committees, or any Two of them, then every such Person shall be charged, upon the Knowledge and Proof thereof, at the Treble Value of so much as he should, might, or ought to have been set or taxed at by virtue of this Ordinance; and the same to be levied, gathered, and paid, out of his Goods and Chattels, Lands and Tenements, towards the said Payment, in such Manner as is herein limited for others which refuse to pay; and, if no Distress be found of the Goods or other Things of such Person or Persons, Bodies Corporate, or others chargeable by this Ordinance, as shall not pay their Weekly Rate as aforesaid, then the said Collectors shall have Power to enquire of any Sum or Sums of Money due, or to be due, to the Persons so assessed as aforesaid, from any Person or Persons, for any Rents, Tithes, Goods, or Debts, or other Thing or Cause whatsoever, and to compound for any of the said Rents, Tithes, Goods, Debts, due to the Person so assessed respectively as aforesaid, with any Person or Persons by whom the said Rents, Tithes, Goods, Debts, or other Things, (fn. 1) are due unto the said Person respectively as aforesaid; as also to give full Discharge for the Money by them so received upon Composition or otherwise, which Discharge shall be good and effectual to all Intents and Purposes: And be it further Ordained, That if any Person or Persons shall find him or themselves aggrieved, that he or they is or are over-rated, such Person or Persons, at any Time before Distress taken of his or their Goods (except it be such Persons as have not at all contributed to the Propositions of both Houses of Parliament, and these shall pay their Tax or Rate, so that it doth not exceed the Twentieth Part of their Estates; yet nevertheless no Man shall be taxed or levied at or above the Sum of Ten Pounds by the Week), may complain to the Committee who have executed this Ordinance, which said Committee, or any Two of them, shall have Power, upon Examination, to relieve such Person or Persons as they shall see Cause: And, for the better Encouragement of the Collectors in this said Service, it is Ordained, That Three Pence in the Pound shall be allowed for every Sum of Money which shall be collected and paid to such Treasurers and Receivers as shall be nominated by the Committee, or any Five of them; Two Pence whereof shall be allowed to the Collectors, and the Residue to such other Persons as shall be employed in the said Service, according to the Discretion of the Committee, or any Two of them: And, to the End that all the Monies may be duly collected, be it Ordained, That the several Assessors within the said County shall, within One Week next after their Assessments made, return their said several Assessments unto the Committees aforesaid, who, or any Two of them, are hereby required, within Ten Days after the Returns of such several Assessments, to deliver a Copy thereof, subscribed with their or any Two of their Hands, to the several Collectors within their said Divisions or Limits; and also within the like Ten Days to send another Copy thereof to the Treasurers appointed, to the End the said Treasurers may thereby know what they are to receive of every Parish or Place within the said County; and if any Assessor or Collector shall refuse the said Service, or prove negligent or faulty therein, the said Committee, or any Two of them, shall have Power to commit such Assessor or Collector to Prison, or to set such a Fine upon him or them as they shall think fit, not exceeding the Sum of Twenty Pounds upon the Assessors, or the Sum of Five Pounds upon the Collectors; the same to be levied by Distress and Sale of such Offenders Goods, to the Uses herein mentioned, in such Sort as is herein before appointed for such as refuse to pay the Rates assessed upon him and them; and shall also certify the said Offence to the and Commons in Parliament; and shall have Power to nominate other Assessors and Collectors; and if any Person or Persons, so assessed and rated as aforesaid, shall conceal or convey away his or their Goods, so that no Distress can be taken, or that the said Sum or Sums so assessed upon him or them cannot be had or levied by any of the Ways or Means in this Ordinance mentioned, then the said Collectors shall respectively certify the same, in case he be under the Degree of a Peer of the Realm, to the Committee of the Commons House of Parliament for Examinations; which said Committee shall hereby have Power to send for such Person and Persons as Delinquents, and to commit him or them to such Place or Places within this Kingdom, and for so long Time, as the Committee for Examinations shall think fit.

"And it is Ordained, That all and every the Assessors and Collectors aforesaid, and all that shall assist them in the Premises, shall be protected by both Houses of Parliament from all Damage that may come to them, or any of them, by this Service; and shall further receive such Allowances for their Charges, and Obedience in Execution of this Ordinance, as shall be thought fit, upon Examination, by the Committee of the said County, or any Three of them: And further it is Ordered, That the Treasurers appointed by the said Committee for the County in the Manner aforesaid shall keep a Register Book of the several Sums received and paid out by them, that so they may give a good Accompt (of the Receipts and Disbursements of all the Sums of Money collected in the said County by virtue of this Ordinance) unto the Committee of the County, when thereunto they shall be required by the Parliament: And lastly it is Ordained, That the Treasurers of the County; as before appointed, shall issue out no Sum or Sums of Money, which, by virtue of this Ordinance, is brought into their Hands, to any Person or Persons, or for any the foresaid Use or Uses, but as they shall receive Order under the Committees Hands appointed by this Ordinance for the County of Hertford, or any Three of them."

Adjourn.

Adjourn, 10^a To-morrow.