October 1645: An Ordinance for Advancing by way of loan, the sum of Forty thousand pounds, for payment of Sir Thomas Fairfax Army

October, 1645

[13 October, 1645.]

£40000 to be raised as Loan for payment of Sir T. Fairfax's Army.; Committee for Arrears to take Subscriptions of voluntary lenders, and to assess such as refuse.; Persons assessed to pay in at Guildhall.

The Lords and Commons assembled in Parliament, finding the many Battels, Sieges and other services performed by the Army under the Command of Sir Thomas Fairfax, and the necessary recruiting and supplying thereof at so great a distance, hath occasioned a far greater expence then was at first conceived; and also the great advantages, which through the blessing of God, the Common-wealth hath received by the unwearied endeavors of the said Army; Do hold it necessary, that a considerable sum of Money be forthwith advanced for the supply of the said Army, and defraying of the charges incident thereunto, have Ordained, and do hereby Ordain by authority of Parliament, That the sum of Forty thousand pounds shall be forthwith advanced by way of Loan for the intents and purposes aforesaid, by and on such persons of ability as shall voluntarily, or by Assessment lend the same on the Security, and termes hereafter expressed. And in regard many persons of Ability through disaffection or otherwise have been slow in the like Services tending to the good and preservation of the Publique, It is therefore by the said Lords and Commons Ordained, for the more speedy and orderly raising of the said sum of Forty thousand pounds, That the Committee appointed by several Acts of Common Counsel for gathering of the Arrears, or any seven or more of them, shall be a Committee to Register and take the Subscriptions of all persons that shall voluntarily lend and advance Moneys as aforesaid, and to Assesse such person or persons as shall not according to their Abilities, voluntarily and proportionably advance the same. And to Assesse such part of the said sum (as shall not be voluntarily advanced) on such persons of Ability as they shall think fit, the same to be paid by the persons respectively, as shall so lend or pay the same unto Sir John Wollaston, and the rest of the Treasurers at War, appointed by the Ordinance of the 29. of March last, at the place of Receipts in the Guild-Hall London.

Distress of Goods on refusal to pay.

And be it Ordained by authority aforesaid, That all and every person or persons, being Assessed by vertue hereof, and neglecting or refusing to pay the said several sums so Assessed unto the said Treasurers at War within ten days after notice given, or left at his or their usual place of aboad, or at the dwelling house or place of aboad of any Partner or Factor of the person or persons so Assessed, inhabiting within or neer the City of London, shall be by vertue of a Warrant from the Committee of Lords and Commons appointed by the said Ordinance of Parliament of the 29 of March last past, who (or any five of them, one thereof being a Peer, upon consideration of every such Assessment) are hereby authorized to approve, increase or moderate every such Assessment, and thereupon to make and give Warrants to such persons as shall be by the Committee now appointed nominated for that purpose, compelled to pay the same by distresse of the Goods and Chattels of such person or persons so refusing or neglecting to pay the same, which goods so distreyned shall be sold by such persons as the said Committee shall appoint for satisfaction of the said Assessment, and the surplusage, if any be, the said Assessment and Charges satisfied, be returned to the party distreyned.

Reasonable charges for distress to be paid by persons distrained.

And if any person shall neglect or refuse to pay the sum Assessed, until a Distresse be taken for the same, then that every person or persons so neglecting or refusing as aforesaid, shall pay such reasonable charge for every such distress, removal, or sale of his, her, or their goods, as the said Committee (of Lords and Commons, or any five of them, one thereof being a Peer) appointed by the Ordinance of the 29 of March 1645. shall allow to be imployed for the better execution of this Ordinance.

Where no Distress offenders to be imprisoned.

And if no sufficient Distress can be had, or taken of the goods of the persons that shall be Assessed by vertue of this present Ordinance, then such person or persons shall be by vertue of a Warrant from the Committee of Lords and Commons as aforesaid, who are hereby authorized to grant the same, committed to safe Custody, there to remain until such person or persons shall satisfie the said sum Assessed upon them by vertue hereof, which Money so brought into the Treasurers at War shall be issued forth by Warrant from the said Committee of Lords and Commons appointed by Ordinance of the 29 of March aforesaid, excepting what shall be by Order of the Committee appointed by this present Ordinance, deducted for payment of persons imployed in the execution of this Ordinance, not exceeding three pence in the pound.

Lenders to be repaid out of Excize with 8 per cent. interest.

And for the better incouragement and securing of such persons as shall advance the said sum or any part thereof, The Lords and Commons do hereby Ordain that such person or persons as shall pay or lend any Money upon or by vertue of this Ordinance, and pay the same to the Treasurers at War aforesaid, shall be repaid the several sums which shall be by them advanced, out of the Receipt of the Excize and new Impost, with interest after the rate of eight pounds per centum per annum, for so long time as they shall forbear the same.

Excise Commissioners to pay interest to Lenders in 6 months, and principal in due course.

And the Commissioners of Excize and new Impost for the time being, are hereby authorized and required to pay unto the several Lenders, their Executors and Assigns, at the end of six moneths, the interest for so much Money as shall be advanced by vertue hereof, and the principal and remainder of the interest thereof after the rate aforesaid, in due course, order and ranke as the same stands charged upon the said Excize and Impost, unto the persons that do advance the same.

Treasurers' Receipts.

And the receipt of the said Treasurers at War or any two of them, one being an Alderman, the other a Commoner shall interest and intitle every person or persons to whom it shall be given, his or their Executors, Administrators or Assigns, into the security and benefit of this present Ordinance with interest aforesaid.

Precedence of present Ord.

And it is further Ordained that no Ordinance nor Assignment, not past in the said receipt of the Excize before an Ordinance of the second of September last, for the payment of fifty thousand pounds in course, for the service of the Army under the Command of Sir Thomas Fairfax, shall precede this Ordinance; But that it shall be paid in its course from that time accordingly, and the aforementioned receipts of the Treasurers at War, together with the acquittance of the persons advancing the same, shall be a sufficient Warrant and discharge to the Commissioners of Excize and every of them, for payment of the said sums to the several persons as aforesaid.

Assistance.

And it is further Ordained that all Mayors, Sheriffs, Constables and Headboroughs, and all Officers of the Trained Bands and Auxiliaries within the said Limits, shall be ayding to the said respective Committees, and such as they shall imploy in the execution of this present Ordinance.

Fines for negligent officers.

And the said respective Committee shall have power to impose upon such Officers or persons so neglecting their duties therein, such fine or fines as to them shall seem meet, not exceeding forty shillings for any one offence, and to cause the same to be Leavied by distresse and sale of the goods as aforesaid.

Indemnity.

And it is further Ordained that all persons acting in pursuance of this Ordinance, shall be saved harmlesse by authority of Parliament.

No privileged places exempt.

And that no priviledged places shall be exempted from the said Assessment.

Persons not worth £1000 exempt.

Provided, that such persons as shall make it appear to the said Committee of Arreares by their Protestation or Oath that he or they are not worth one thousand pounds, shall not be Assessed by this Ordinance.