AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT. For securing of all those that shall advance two hundred thousand pounds for the Service of England and Ireland.
With the Names of the Trustees and Treasurers for the raising of the same.
ORdered by the Lords Assembled in Parliament, That this Ordinance for the two hundred thousand pounds, be forthwith printed and published.
London Printed for John Wright at the Kings Head in the old Bayley, 1647.
Die Jovis 13. Maii, 1647. AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT, For securing of all those that shall advance two hundred thousand pounds for the service of this Kingdome, and of the Kingdome of Ireland.
THe Lords and Commons assembled in Parliament, intending to raise the summe of two hundred thousand pounds, for the service of this Kingdome, and of the Kingdome of Ireland; for the incouragement of such as shall advance any summe for and towards the same; Do hereby Ordaine and Declare, That [Page 2]every person who hath advanced any Moneys, Plate, or Horses, with their Furniture and Armes, upon the Publike Faith, or Propositions; or that hath lent any summe of Moneys upon the Ordinance of the 18. of August, 1643. Intituled, An Ordinance of the Lords and Commons Assembled in Parliament, for the speedy raising of Moneys within the City of London, and Liberties thereof, for the reliefe and maintenance of the Armies raised, and to be raised, for the necessary defence of the City, and Liberties aforesaid, raised according to the Proportions of fifty Subsidies; or that hath lent any summe of Moneys upon the Expedition into Kent, upon the Commotion there, for which the City Seale stands yet ingaged; or that hath lent any Moneys towards the Loane of 30000. l. in or about November, 1642. or of 40000. l. in or about Aprill, 1643. or of 23000. l. in or about May, 1643. which are not already repayed; the which said severall summes were advanced upon the pressing necessities of England and Ireland; Or that hath lent any summe or summes of money towards the raysing of the 50000. l. borrowed for the service of Ireland, in or about November, 1641. Or that hath lent any summe or summes of Money in the yeare 1641. (which are yet unpaid) upon the security of the Act of Parliament, for the speedy raising of Moneys for disbanding the Armies, and setling the peace of the two Kingdomes of England and Scotland; That such person may for every summe of Money he shall further lend for the advancement of the said 200000. l. be secured a like summe more, to be paid out of the Grand Excize, in course, and out of the moyety of all Compositions made, or to be made with Delinquents, according [Page 3]to the Orders, Ordinances, or Instructions, of one or both Houses of Parliament already made, for compounding with Delinquents at Gold-smiths Hall, after the ingagements already charged upon the said Compositions are satisfied, and out of the remainder of the proceed of the Bishops Lands, after they shall be cleere of the present ingagements; and out of the proceed of the Estates and sale of the Lands of Papists (except Advowsons and Impropriations) which have beene in Armes against the Parliament, which shall first happen; together with all the Interest due thereupon, after the rate of 8. l. per cent. per annum, to be paid every six Moneths, out of the Receipt of the Excize, till Principall and Interest be fully discharged. (As for Example) if there be owing to any person 100. l. Principall, which with Interest due thereupon for three yeares past, will make 124. l. he adventuring 124. l. more may be secured for the whole 248. l. as aforesaid, and so proportionably for a greater or lesser summe, and according to the Interest due thereupon. Provided alwaies that the Committee at Gold-smiths Hall shall have power to compound with Delinquents for Impropriations, according to such Orders and Instructions, as they have, or shall receive from both or either House of Parliament, for the benefit and advancement of the Ministry. Provided also, that the just debts of every Papist who hath been in Armes against the Parliament, made before the first of Aprill 1642. be paid, allowed, or deducted; as also that all former ingagements concerning the Lands, or estates of any such Papist, made by both, or either House of Parliament, shall be excepted out of the security; and [Page 4]the said Lords and Commons doe hereby Ordaine and Declare, That Sir John Wollaston Knight, and Alderman, and the other Trustees for the sale of Bishops Lands, appointed by an Ordinance of Parliament, intituled, An Ordinance of the Lords and Commons assembled in Parliament for the lessening the number of the Trustees for the sale of Bishops Lands, and the Survivor or Survivors of them; and the Heires of the Survivours of them shall stand, and be seized of all and singular Counties Palatine, Honours, Mannours, Lands, Tenements, and Hereditaments, and other the premises setled and vested in them, their Heires, and Assignes in, and by the said Ordinance of Parliament last before mentioned, excepting as is therein excepted, and shall take and receive all the Rents, Revenues, Issues, and profits hereafter due and payable for the Premises, or any part of them untill sale shall be made of the same, to the uses, intents, and purposes herein before mentioned and declared, after the former summes lent and secured, or which are to be satisfied and paid out of the same, according to an Ordinance of Parliament, dated the 16. of November, 1646. or any other Ordinance of Parliament since that time in that behalfe made; and that the said Trustees, or any five of them, and John Blackwell senior, of Moore-clack in the County of Surrey Esquire, and the rest of the Contractors in the said last before mentioned Ordinance nominated, and appointed, and William Gibbs Alderman of the City of London, and the rest of the said Treasurers in and by the same Ordinance nominated and appointed, and Henry Elsinge Esquire, Clerke of the House of Commons also nominated and appointed therein to be Register, or his Deputy, [Page 5]or Deputies, and Colonell Robert Manwairing, nominated, and appointed by the same Ordinance to be Register Accomptant, and John Fowke, Alderman of the City of London thereby nominated, and appointed to be Comptroller, or his Deputy, or Deputies, shall continue in their said severall Trusts, Offices, and places, and shall hereby have power severally and respectively to doe all other Acts and things as in and by the said Ordinance of the 16. of November, 1646. or any other Ordinance, Declarations, or instructions of Parliament since that time in that behalfe made, they, every or any of them respectively are authorized, directed and appointed, excepting what is otherwise directed in and by this present Ordinance, untill sale shall be made of the Premisses to the uses, intents, and purposes herein before mentioned and declared. And the said Lords and Commons doe hereby constitute and appoint James Bunce, Alderman of the City of London, and Richard Glyde, and Lievtenant Colonell Lawrence Bromfield, Citizens of London, to be Treasurers for the receiving, issuing, and paying out of the said two hundred thousand pounds hereby intended to be borrowed; which said service of theirs is to be by them performed at Weavers Hall, or any other place where the said Treasurers, or the major part of them shall from time to time thinke fit within the City of London; And likewise they the said Treasurers, or any of them are hereby authorized from time to time to demand, and receive all such summe and summes of money as shall be due, and payable out of all, or any the severall securities before named from the hands of the Treasurers, which are or shall be appointed in or for any [Page 6]the Receipts given for security as aforesaid; And the said Treasurers, or any of them hereby nominated are likewise authorized, and appointed to take and receive the subscriptions of every Person or Persons, Bodies Politique or Corporate, that shall subscribe any summe or summes of money, for and towards the raising of the said two hundred thousand pounds intended to be lent: And the said Lords and Commons doe in like manner hereby constitute, and appoint Colonell Robert Manwairing to be Register Accomptant of all and singular the Accompts and Registries, and to doe and execute all Acts and things concerning all and singular the Premisses mentioned, and contained in this present Ordinance, as fully and ample, and in such manner and forme as is formerly ordained and appointed by the Ordinance made November 16. Anno Domini 1646. for the sale of Bishops Lands, or any other Ordinance since made in that behalfe for, or concerning any thing mentioned, or contained in the said former Ordinances: And the said Register Accomptant shall receive, and allow all Tickets and Receipts of Money, Plate, Horse, or Armes, with their furniture voluntarily lent upon the Publique Faith, by vertue of any Ordinance, Declaration, or Instructions from both Houses of Parliament; which Acquittances and Receipts shall stand good, and be effectuall to all intents and purposes, so as the Parties which shall tender the said Receipts doe within 3. moneths then next ensuing bring, or send to the said Register a certificate from two or more of the Committee, Deputy Lievtenants, or Justices of the Peace of the respective Counties, testifying that the name subscribed to the Tickets or Receipts, was the [Page 7]proper Treasurer, Collector, Receiver, Deputy Lieutenant, Committee or Committees appointed by vertue of any Ordinance or Instructions of Parliament, for the Receipts aforesaid, provided alwayes that in case such Receipts, and Certificates, should not prove good, and effectuall according to the intent of this present Ordinance, yet the security now given by this Ordinance to any person or persons whatsoever, who shall now lend, or disburse any sum or sums of money, according to this Ordinance shall stand good, and be effectuall to all intents and purposes for the Money so lent and disbursed, according to the said Ordinance. And it is further Ordained that the said Colonell Monwaring, shall have an additionall salary of one hundred pounds over and above his former salary of two hundred pounds per ann. till both Houses of Parliament shal take further Order, to be paid out of the Rents, and proceed of the Bishops Lands by the Treasurers thereof, for the time being on the 25th day of March, and the 29 of September by even and equall portions, and for such Clerks or under Officers as shall be imployed in and about the premises, the same shall be approved of by the said Treasurers, and receive such reasonable salary for their service as the said Treasurers, shall from time to time thinke fit to allow. And in case where the severall summes of Money which have beene advanced by the Inhabitants of divers Wards and Precincts of the City of London, and other Counties, Cities and Townes corporate upon any the Ordinances, or Acts of Parliament hereby secured, have been brought in to the Treasurers appointed by those Ordinances, and Acts in one grosse sum, and a Receipt given by the said Treasurers for the same in grosse unto the Collector, [Page 8]and bringer in thereof, only without giving any particular Receipts unto the severall and particular Advancers and Lenders thereof, by reason whereof and because divers of the said Collectors are since deceased, and others departed out of the City of London, the severall advancers of the said sums of mony, will be deprived of the benefit intended them by this present Ordinance; It is hereby ordained, and declared by the said Lords and Commons, that the said Register Accomptant hereby nominated, and appointed is and shall be authorized, where it shall appeare to him by the particular given in to the Treasurers appointed to receive the severall summes of Money advanced upon any the ordinances, or Acts of Parliament hereby secured by any of the Collectors, who tooke such generall Receipt for the grosse summe by him or them brought in for their severall Wards, or Precincts, that such sum of Money was at that time advanced, and lent by any particular Inhabitant of the said Ward or Precinct to ascertaine the principall and interest therof, and to give him or them their Excecutors or Administrators clayming the same, such receipt for the same as if he, or they had produced the particular Receipts, or Certificats of the severall Collectors thereof; And that these the said Register Accomptants Receipts shall be a good and sufficient ground to such persons, to whom the same shall be so given their Executors, Administrators, and Assignes to require the sum and summes of money therein mentioned; And that it shall and may be lawfull to and for every person or persons to whom any money is owing upon the Publique Faith, or otherwise according to the particulars [Page 9]before mentioned in this present Ordinance to grant, and assigne his or their said Debts, or any part thereof to any other person or persons whatsoever; And further that it shall and may be lawfull for every person and persons, bodies politique or corporate, who shall have any monies due to him or them by vertue of this present Ordinance, to grant and assigne the same unto any person or persons whatsoever; And the same grant or assignment shall be good and effectuall to all intents and purposes whatsoever; and allowed of by all person and persons whatsoever, to whom it shall appertaine to make any allowance thereof, as if he or they had lent the same themselves, and that every Lender of any money upon this Ordinance shall have all benefits and advantages whatsoever, for and concerning any monies due by this present Ordinance in course, after the former ingagement satisfyed and discharged as fully and amply to all intents and purposes respectively, as they who have formerly lent any money upon the former Ordinance for sale of Bishops Lands, made November the 16. Anno Domini 1646. ought to have by vertue of the said Ordinance or any other Ordinances since made in that behalfe; And if any person or persons shall wittingly or willingly produce any false or forged Acquitance, or Certificate to the said Register Accomptant, thereby to defraud the Common-Wealth, the person or persons so offending shall loose and forfeit his money lent, towards the Raysing of this two hundred thousand pounds, or any way due to him upon any the Ordinances or Acts of Parliament, hereby secured or assigned unto him as aforesaid, the benefit whereof shall be for the use and benefit of the Common-Wealth.
[Page 10] And be it further ordained by the authority aforesaid, that every person who shall have his ticket allowed of and entred by the Register Accomptant, and not bring in the money which upon that ticket he is required to doe, by this ordinance within eight daies after such entry unto the Treasurers hereby appointed for the receipt of the same, shall loose, and forfeite the mony that shall be due unto him upon any the ordinances, or acts of Parliament hereby secured, unlesse he shall shew unto the said Treasurers, or any two of them, some reasonable cause to be by them allowed; And be it further ordained that the said Treasurers hereby constituted and appointed for the receiving and issuing out of the said money, shall not issue or pay out any of the said two hundred thousand pounds, to be borrowed for the use of the Common-wealth as aforesaid, but by Ordinance of both Houses of Parliament, which Ordidinance with the receipt of the party or parties to whom the money is appointed to be paid, shall be a good and sufficient discharge to the said Treasurers, their heires, executors, and administrators; And the said Treasurers shall not dispose, disburse, or pay any other summe or summes of money that shall come to their treasury, or be paid unto them by vertue of this Ordinance, but onely for necessary charges, and as is further and particularly directed by this present Ordinance. And be it further ordained by the authority aforesaid, that the said Treasurers shall receive all sums of money due, and payable out of any the securities hereby engaged as aforesaid, from the hands of the Treasurers there already appointed, or who hereafter shall be appointed, and as they receive the same, deducting charges and allowances, shall againe pay out and divide such monies [Page 11]to the Lenders by one fourth part of their whole debt, that shall be owing to them in course, as they did pay their money with interest then due, and so from time to time till the whole be paid; Provided alwaies that it shall and may be lawfull for every Lender or Lenders, who shall become a purchaser of any part of the Bishops lands after the former engagements, by the Ordinance of the sixteenth of November, 1646. or any other ordinance since that time in that behalfe made fully satisfied and discharged, or of the lands, or estates of any Papists in armes to defalke, or retaine any moneys that shall be due unto him by vertue of this present Ordinance, upon every purchase that he or they shall so make, if the sum by him lent shall not exceede the value of the purchase, or so much thereof as the same shall amount unto, which shall be accordingly allowed by the said Treasurers for the sale of Bishops Lands, and such as shall be appointed for the sale of the lands of Papists in armes as aforesaid. And be it further ordained, that the said Treasurers shall keep true and perfect accompts of all receipts, disbursements, and payments, and shall give their accompts to the Committee for taking the accompts of the whole Kingdome for the time being, who are hereby required to take the same every six moneths, and thereupon to give just discharges to the said Treasurers; and after such discharges the said Treasurers, their heires, executors, and administrators, shall not be further questioned for or concerning any of the matters for which they have had and received such discharges; And further the said Treasurers shall have deducted and paid unto them the summe of one penny in the pound, for all such monies onely as by them shall be received of the advancers of the said two hundred thousand [Page 13]pounds, or so much thereof as shall be raised by vertue of this Ordinance, and not for any other summe of monies which shall come to their hands, by vertue of any of the securities before mentioned, which are to be paid, and divided as aforesaid to the Lenders. And be it further Ordained by the authority aforesaid, that the Commissioners of the Excise for the time being, are hereby charged and required, upon demand of the said Treasurers, or any two of them delivering in writeing what summe or summes of money are due and payable, to any person or persons, bodies politique or corporate, by vertue of this present Ordinance, for interest after the rate of 8. per cent. which writeing the said Treasurers are hereby required, and authorized to make accordingly, to pay every six Moneths unto the said Treasurers all and every summe and sums of money due for interest a aforesaid during the time that the principall hereby secured or any part thereof shall remaine unpaid, and the receipt and receipts of the said Treasurers, or any two of them from time to time, shall be a sufficient discharge unto the said Commissioners of Excise, and every of them in this behalfe; And when this present Ordinance and the severall summe and summes of money thereby secured, shall come to its due course upon any the receipts hereby engaged, and as is herein before Ordained and provided; It is further ordered by authority aforesaid, that the Commissioners of the Excise for the time being, the Treasurers for the sale of Bishops Lands for the time being; the Treasurers for Compositions of Delinquents Estates for the time being, and such Treasurers as shall hereafter be appointed for the sale of the Lands and estates of Papists in Armes, shall respectively from time to time [Page 14]pay unto the Treasurers hereby appointed to that purpose, all and every summe and summes of money arising out of their severall Receipts and due, and payable out of all and any their receipts by vertue of this present Ordinance, for and towards the payment of the severall summe and summes of money thereby secured as aforesaid, and the receipt, and receipts of the said Treasurers hereby named, or any two of them shall be from time to time a sufficient discharge unto the said Commissioners of Excise, and the Treasurers of the severall receipts, and every of them respectively for all summe and summes of money unto them paid in pursuance of this present Ordinance; And it is further ordained, and and declared by the said Lords and Commons in Parliament Assembled, that no Assignement made by one or both Houses of Parliament, or by authority of the same upon the receipts of the grand Excise, or upon the sale of Bishops Lands, or upon the said moytie of the Compositions of Delinquents Estates, or upon the sale of the Lands and Estates of Papists in Armes after the seventh of this instant May shall precede this present Ordinance, whereof the Commissioners of the Excise, and severall Treasurers of the respective Receipts before named are to take notice accordingly: And it is hereby ordained and declared by the authority aforesaid, that the Excise and new impost upon commodities mentioned in the Ordinance of the 11. of September, 1643. or any Ordinance or Ordinances of this present Parliament, made in explanation, and continuance thereof, shall be continued, taken and put in due execution, untill such time as all summes of money payable by vertue of this present Ordinance shall be paid and satisfied, and the payments of the said moneys, to be due and payable, by [Page 15]vertue of this present Ordinance shall not be debarred put by, or deferred from being paid out of the said Excise, sale of Bishops Lands the moity of Compositions at Goldsmiths Hall, and sale of Lands, and Estates of Papists in Armes as aforesaid by any order, or orders, Ordinance, or Ordinances of one or both Houses of Parliament, or by any authority derived from them or either of them, or otherwise by the payment of any other or further summe, or summes of money then the said severall Receipts and securities were, or are charged withall upon the said seventh of this instant May 1647. And lastly it is further ordained by the authority aforesaid that the said first recited Ordinance, and this present Ordinance, and every Article, Clause and thing therein contained shall be pleadable, and may be given in evidence in any of His Majesties Courts of Justice, or other Courts, and the Judges of all the said Courts, are required to allow and admit thereof accordingly
Provided alwayes, that all such summes of money as shall be lent by any person or persons toward the advancement of the aforesaid summe of two hundred thousand pounds shall be secured as is aforesaid, although the full sum of two hundred thousand pounds, shall not be advanced as is intended.
Provided neverthelesse, and it is hereby declared, that such further fine or fines as shall be hereafter imposed upon any person or persons, for, or by reason of his or their omission or under valuation, of any the lands or other estates in the severall particulars, whereupon he or they already have or shal compound, is not nor shall be taken, or deemed to be any part of the security by this Ordinance granted.