May 1647: An Ordinance for securing of all those that advance 200,000l. for the service of this Kingdom and of the Kingdom of Ireland.

May, 1647

[13 May, 1647.]

What persons shall have the benefit of this security.; How this shall be secured.; Interest to be paid out of the Excise till the whole be discharged.; Proviso for impropriations.; And for Debts of Papists in Arms, contracted before the first of April, 1642.; This trust declared as to Bishops Lands.

The Lords and Commons assembled in Parliament, intending to raise the sum of Two hundred thousand pounds, for the service of this Kingdome, and of the Kingdome of Ireland; for the encouragement of such as shall advance any sum for and towards the same, do hereby Ordain and Declare, That every person who hath advanced any Moneys, Plate, or Horses, with their Furniture and Arms, upon the Publique Faith, or Propositions; or that hath lent any sum 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 relief 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 sum of Moneys upon the Expedition into Kent, upon the Commotion there, for which the City Seal stands yet engaged; or that hath lent any Moneys towards the Loan of 30000 l. in or about November, 1642. or of 40000 l. in or about April, 1643. or of 23000 l. in or about May, 1643. which are not already repayed; the which said several sums were advanced upon the pressing necessities of England and Ireland; or that hath lent any sum or sums of Money towards the raising of the 50000 l. borrowed for the service of Ireland, in or about November, 1641. or that hath lent any sum or sums of Money in the year 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 sum of Money he shall further lend for the advancement of the said 200000 l. be secured a like sum more, to be paid out of the Grand Excise in course, and out of the moyety of all Compositions made or to be made with Delinquents, according to the Orders, Ordinances, or Instructions of one or both Houses of Parliament already made, for compounding with Delinquents at Goldsmiths-Hall, after the engagements already charged upon the said Compositions are satisfied; and out of the remainder of the proceed of the Bishops Lands, after they shall be clear of the present engagements; and out of the proceed of the Estates and sale of the Lands of Papists (except Advowsons and Impropriations) which have been in Arms against the Parliament, which shall first happen, together with all the Interest due thereupon, after the rate of 8 li. per cent. per annum, to be paid every six Moneths out of the Receipt of the Excise, till Principal and Interest be fully discharged. As for Example, If there be owing to any Person 100 l. Principal, which with Interest due thereupon for three years 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 sum, and according to the Interest due thereupon. Provided always, That the Committee at Goldsmiths-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 Arms against the Parliament, made before the first of April, 1642. be paid, allowed, or deducted; as also, that all former engagements 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 the said Lords and Commons do hereby Ordain 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 Heirs of the Survivors of them shall stand and be seized of all and singular Counties Palatine, Honors, Mannors, Lands, Tenements, and Hereditaments, and other the Premisses setled and vested in them, their Heirs and Assigns, 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 Premisses, or any part of them, until sale shall be made of the same, to the uses, intents and purposes herein before mentioned and declared, after the former sums 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 behalf made: And that the said Trustees, or any five of them, and John Blackwel senior, of Moor-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, Clerk of the House of Commons, also nominated and appointed therein to be Register, or his Deputy or Deputies, and Colonel Robert Manwaring, 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 several Trusts, Offices, and Places, and shall hereby have Power severally and respectively to do 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 behalf made, they every, or any of them respectively are authorized, directed and appointed, excepting what is otherwise directed in and by this present Ordinance, until sale shall be made of the Premisses, to the uses, intents, and purposes herein before mentioned and declared.

Treasurers for this money with power to take Subscriptions.; Register Accomptant to allow Tickets and Receipts.; Though the Receipts prove not good, yet the security shall stand for the money lent.

And the said Lords and Commons do hereby constitute and appoint James Bunce, Alderman of the City of London, and Richard Glyde, and Lieutenant Colonel 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 think 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 sum and sums of money as shall be due, and payable out of all, or any the several securities before named from the hands of the Treasurers, which are or shall be appointed in or for any 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 sum or sums of money, for and towards the raising of the said two hundred thousand pounds intended to be lent: And the said Lords and Commons do in like manner hereby constitute and appoint Colonel Robert Manwaring to be Register Accomptant of all and singular the Accompts and Registries, and to do and execute all Acts and things concerning all and singular the Premisses mentioned, and contained in this present Ordinance, as fully and amply, and in such manner and form 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 behalf, for, or concerning anything 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 Arms, 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 effectual to all intents and purposes, so as the parties which shall tender the said Receipts do within three moneths then next ensuing bring or send to the said Register a certificate from two or more of the Committee, Deputy Lieutenants, or Justices of the Peace of the respective Counties, testifying that the name subscribed to the Tickets or Receipts, was the 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 effectual 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 effectual to all intents and purposes for the Money so lent and disbursed, according to the said Ordinance.

Additional salary to the Register Accomptant.; Moneys advanced in the Wards of London, how to be distinguished.; Moneys due upon the Publique Faith may be assigned and also moneys due on this Ordinance.; Penalty for producing false Acquittances.

And it is further Ordained, That the said Colonel Manwaring, shall have an additional salary of one hundred pounds over and above his former salary of two hundred pounds per annum, till both Houses of Parliament shall 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 equal portions, and for such Clerks or under Officers as shall be imployed in and about the Premisses, 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 think fit to allow. And in case where the several sums of money which have been advanced by the Inhabitants of divers Wards and Precincts of the City of London, and other Counties, Cities and Towns 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 gross sum and a Receipt given by the said Treasurers for the said in gross unto the Collector and bringer in thereof, only without giving any particular Receipts unto the several 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 several advancers of the said sums of money, 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 appear to him by the particular given in to the Treasurers appointed to receive the several sums of Money advanced upon any the Ordinances, or Acts of Parliament hereby secured by any of the Collectors, who took such general Receipt for the gross sum by him or them brought in for their several 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 ascertain the principal and interest thereof, and to give him or them their Executors or Administrators claiming the same, such receipt for the same as if he, or they had produced the particular Receipts, or Certificates of the several 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 sums 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 before mentioned in this present Ordinance, to grant, and assign 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 moneys due to him or them by vertue of this present Ordinance, to grant and assign the same unto any person or persons whatsoever: And the same grant or assignment shall be good and effectual to all intents and purposes whatsoever; and allowed of by all person and persons whatsoever, to whom it shall appertain to make any allowance thereof, as if he or they had lent the same themselvs; and that every Lender of any mony upon this Ordinance shall have all benefits and advantages whatsoever, for and concerning any moneys due by this present Ordinance in course, after the former ingagement satisfied 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 the sixteenth of November Anno Domini 1646. ought to have by vertue of the said Ordinance or any other Ordinances since made in that behalf: And if any person or persons shall wittingly or willingly produce any false or forged Acquittance, or Certificate to the said Register Accomptant, thereby to defraud the Commonwealth, the person or persons so offending shall lose and forfeit his money lent towards the Raising 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.

Penalty for not bringing in the moneys.; Treasurers not to pay out the moneys but by Ordinance, save as is herein directed.; The Treasurers to receive the moneys, and to pay it out to the Lenders.; Lenders shall be allowed their money on purchases.; Accompts by the Treasures.; Treasurers allowance. Commissioners for Excise shall pay the Interest.

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 do by this Ordinance, within eight dayes after such entry unto the Treasurers hereby appointed for the receipt of the same, shall lose and forfeit the money that shall be due unto him upon any the Ordinances, or Acts of Parliament hereby secured, unless 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 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 Ordinance 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 Heirs, 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 again pay out and divide such moneys 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 alwayes 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 16. of November, 1646. or any other Ordinance since that time in that behalf made, fully satisfied and discharged, or of the lands, or estates of any Papists in arms to defalk, or retain 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 exceed 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 shal be appointed for the sale of the lands of Papists in arms 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 Kingdom 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 Heirs, 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 sum 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 pounds, or so much thereof as shall be raised by vertue of this Ordinance, and not for any other sum of moneys 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.

Payment of the whole in course.; No Assignment on any of these securities shall precede this Ordinance.; Excise to continue till this money be paid.; The first recited Ordinance and this shall be pleadable.

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 writing what sum or sums of mony 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 writing the said Treasurers are hereby required, and authorized to make accordingly, to pay every six moneths unto the said Treasurers, all and every sum and sums of money due for interest as aforesaid, during the time that the Principal hereby secured or any part thereof shall remain 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 behalf; And when this present Ordinance and the several sum and sums 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 Arms, shall respectively from time to time pay unto the Treasurers hereby appointed to that purpose, all and every sum and sums of mony arising out of their several 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 several sum and sums 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 several receipts, and every of them respectively for all sum and sums of mony unto them paid in pursuance of this present Ordinance; And it is further ordained and declared by the said Lords and Commons in Parliament assembled, that no assignment 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 Arms, after the seventh of this instant May shall precede this present Ordinance whereof the Commissioners of the Excise, and several 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 eleventh 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 sums 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 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 Arms 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 or either of them, or otherwise by the payment of any other or further sum, or sums of money, then the said several Receipts and securities were, or are charged withal 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.

The sums lent shall be secured, though the whole 200000 pounds be not advanced.

Provided alwaies, that all such sums of money as shall be lent by any person or persons toward the advancement of the aforesaid sum 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.

Fines excepted out of this security.

Provided nevertheless, 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 several particulars, whereupon he or they already have or shall compound, is not nor shall be taken, or deemed to be any part of the security by this Ordinance granted.