May, 1645

[26 May, 1645.]

Whereas the County of Derby is frequently infested by Incursions of the Enemy, to the great perjudice of the Inhabitants of the said County: And whereas the said County hath raised a considerable number of Horse, Foot and Dragoons for their necessary Defence and Service of the Publique, and must be at great charges in maintaining their Forces, and providing other things requisite for the Defence and Safety of the said County; and without the raising of Moneys to defray the charge, the Inhabitants of the said County cannot be preserved in such safety as is necessary;

Monthly Rate to be levied on Derbyshire.; Not to exceed £1,600 over and above other rates.; Committee's Names.; Treasurer and Collectors to be appointed.; Moneys to be for defence of Derbyshire.;Collective powers.; Rates on Lands let at improved Rate to be paid by Tenants and defalked out of rent.; Rates on Lands let at undervalue to be apportioned between Landlord and Tenant.; Penalty for faults Collectors, Assessors, etc.; Collectors and Treasurers to give Account to Committee under penalty.;Collectors' and Treasurers' Allowances.; Injuries to be rectified by Committees.; Freequarter.; Assistance.; Forces not to be withdrawn from County without Orders.

It is therefore Ordained by the Lords and Commons assembled in Parliament, and by Authority of the same, That for the intents and purposes aforesaid, there shall be Monethly Charged, Rated, Taxed and Levied upon the several Hundreds, Towns, Persons, Commodities and places of, and in the said County, in an equal, indifferent, and proportionable way, according to their Estates, and according to the ancient and most usual and indifferent Rates, such a Monethly Sum as the Committee herein named shall think fit for the Service aforesaid, not exceeding the Sum of Sixteen hundrd pounds, over and besides the Rates formerly set for the New-Model, the Scots Army, and for Ireland, to continue from the first of May, 1645. until the first of December following, if the War shall so long continue: The Lords and Commons assembled in Parliament, upon due consideration of the Premises, Do Order and Ordain, and be it hereby Ordered, Ordained and Established, That Sir George Greasly and Sir Iohn Curson, Knights and Baronets, Sir Iohn Gell and Sir Edward Coke, Baronets, Sir Edward Leech, Sir Iohn Coke and Sir Samuel Sleigh, Knights, Thomas Gell, Samuel Roper, Henry Wigsal and Iohn Wigly, Esquires; George Pool, Thomas Sanders, Edward Charlton and Ralph Clark, Gentleman, Nathaniel Hallows, Luke Whittington and Robert Mellor, Aldermen of the Town of Derby, Francis Monday, Randolph Ashenhuist, Francis Revel, Iohn Monday and William Wolley, Esquires; Rowland Moorwood and Robert Wilmot, Esquires, shall be and are hereby appointed to be a Committee for the execution of this said Ordinance; And they or any five or more of them, shall have power and authority to Assess and Tax by themselves, or by such Assessors as they or any five or more of them shall nominate and appoint, the Moneys hereby charged upon the said County, And shall have Power and Authority hereby to nominate and appoint Treasurer or Treasurers, Collectors and all other Officers necessary for Collection and Receipt thereof; And that all Moneys Levied as aforesaid, and all other Moneys payable to the use of the said Forces, shall be issued forth by such Treasurer or Treasurers, and be imployed, disposed and disbursed for the uses aforesaid, by the consent of the major part of the Committee herein named, or by the consent of any five or more of the said Committee, by order under their hands to the Officers and Soldiers in an equal way, and such other uses as are herein mentioned, and shal be appointed by the said maior part of the said Committee, under their Hands, or under the Hands of any five or more of them. And the said Lords and Commons do further Order and Ordain, That the said Collector or Collectors appointed for Collecting the said Monethly Tax or Assessment, shall have power to Leavy the said Sum or Sums of Money imposed upon any persons or places within the said County, by Distress or sale of the Goods of such as shall refuse or neglect the payment of the Sum or Sums imposed upon them, together with reasonable charges for the travel and pains of the Distrainers, not exceeding six pence in the pound for taking such Distress, and Leavying such Money. And be it further Ordered and appointed, That the Rents of Lands let at an improved Rate, shall be paid by the Tenants thereof towards the payment of the said Monethly Tax, and wholly defaulked out of the Rent next payable to the Landlord; for payment and defaulkation whereof, the said respective Tenants, their Heirs, Executors and Administrators, shall be acquitted and saved harmless by Authority of Parliament, against or from any Covenant, Condition or Obligation, or other matter to the contrary whatsoever: But where the Land is let at an under value, there the said Monethly Assessment shall be apportioned between the Landlord and the Tenant as the Assessors shall think fit, the whole likewise to be paid by the Tenant, and the Landlords part to be defaulked; And the Tenant, his Heirs, Executors and Administrators to be acquitted and saved harmless as aforesaid: And in case any person or persons appointed to be Assessors or Collectors, or any Constable or other Officer for the Service, who shall be required to assist in the Assessment or Collection of such Monethly Tax or Assessment, shall refuse to perform, or prove negligent or unfaithful in performing the said Service, The major part of the said Committee, or any five or more of them, shall hereby have Power and Authority to commit such Officer or Officers offending as aforesaid to Prison for a Moneth, or to set a Fine upon him or them as they shall think fit, not exceeding the Sum of five pounds for every such offence, to be leavied by Distress and sale of the Offenders Goods. And it is also Ordered and appointed, That the Collectors, Treasurers and other Officers appointed for the Service aforesaid, shall keep, and from time to time be ready to give a true Accompt of their respective proceedings in the Premises, which the said Committee are hereby required to examine once every two Moneths at the utmost: And in case the said Officers, or any of them, shall refuse or neglect to deliver in their Accompts as aforesaid, the major part of the said Committee, or any five or more of them, shall have power to commit to Prison such Officer or Officers till he or they shall honestly perform the same; and shall also have power to displace any Officer or Officers whom they shall finde negligent or faulty, and to elect and appoint others in the room or place of the person or persons so displaced. And to the end the said Officers may be encouraged the better to perform their duties, It is Ordered and appointed, That Two pence in every pound shall be alowed to the Collector, and a peny in every pound to the Treasurer, which shall be collected, received and disbursed by them respectively, according to this Ordinance; And if the said Assessors shall do any Injury in making the said Assessments, or proportioning the same between the Landlord and Tenant as aforesaid, or to other person, the Complaints shall be heard, and the Injuries shall be rectified by the major part of the said Committee, or any five or more of them, who alowed the said Assessments, according to their discretions. And the said Lords and Commons do further Order and Declare, That all Commanders, Officers and Soldiers maintained for Defence of the said County, and Service aforesaid, shall duly and truly pay for their Billet and Quarters, and all other necessaries which they shall use, and shall not take or have any Free-quarter (except in case of necessity, which if they be constrained unto, the major part of the said Committee, or any five or more of them, are required to see as speedy satisfaction made for the same as may be, out of their pay: And that they shall not take any Horses, Money, or other Goods whatsoever within the said County, without lawful Authority: And that the said Committee, or any five or more of them, upon complaint made of the taking of any Horses, Money, or other Goods without Authority as aforesaid, shall order and see restitution or satisfaction to be made; And all Sheriffs, Justices of the Peace, Constables, Headboroughs, and all other Officers of State; as also all Commanders, Captains, Soldiers, Voluntiers, and others that shall be thereto desired, are hereby required to be assistant to the said Collectors, and all other Officers imployed in the said Service, in the due execution of their Offices. And it is further Ordained by the said Lords and Commons, That the said Forces raised or maintained by this Ordinance, shall from time to time observe such Orders and Directions as they shall receive from both Houses of Parliament, or the Committee of both Kingdoms, and shall not be drawn forth or kept or continued forth of the said County without the consent of the said Committee, or five or more of them, or without particular Directions of Parliament, or of the Committee of both Kingdoms, or of Sir Thomas Fairfax.

Indemnity.

And be it lastly Ordained, That the said Committee, Treasurer, Collectors, and every of them, and every other person or persons that shall ayd or assist them or any of them in doing any thing by vertue of this Ordinance, shall be defended and saved harmless therein by Authority of both Houses of Parliament.