October 1643
[9 October, 1643.]
Members of both Houses in actual War or absent.; To be assessed for the 20th. and 5th. part.
Forasmuch as divers Members of both Houses to the great
dis-service of the State and contrary to the trust reposed in them,
have been in actual war against the Parliament, or have absented
themselves from the said Houses, and yet have enjoyed their
Lands, Rents, and Estates, and imployed the same in fomenting
and maintaining this unnatural War: It is thereupon Ordered
by the Lords and Commons assembled in Parliament, That the
Assessors nominated and appointed, or to be nominated
and appointed, by the Committee of Lords and Commons
for advance of money by vertue of the former Ordinances
sitting at Haberdashers Hall London, shall have power to
Assess all such Members and Assistants of both or either
of the Houses of Parliament, which are now absent, or shall
hereafter absent themselves from either of the said Houses,
or are, have been, or shall be in actual war against the Parliament, (whose estates have not yet been sequestred, and who have
or shall be voted in both or either of the said Houses in that
behalf) the twentieth and fifth part of their estates, in like
manner as they had power to Assess other persons by vertue of
the said Ordinance. And the sums of Money so Assessed shall
be levied and recovered, in such manner as by the said Ordinances
for the twentieth and fifth part is respectively provided.
And after the said sum of Money shall be so levied, the said
Committee for advance of money are hereby required to return a
Certificate to the Committee of Lords and Commons for
Sequestrations of the Estates so assessed, that the said Committee
may proceed therein according to the Ordinance for Sequestration.
And forasmuch as divers persons have been assessed according
to the said Ordinances for the twentieth and fifth part, and other
Acts and Ordinances of Parliament for raising of Money, and
have not satisfied the sums on them assessed, but absent themselves, or obstinately refuse to pay the said assessements;
Moneys lent to be satisfied by the estates of persons not paying their Assessments.; Farmers and Tenants to pay their Rents.
Be it therefore Ordained by the Lords and Commons in
Parliament assembled, that the Committee of Lords and
Commons for advance of money and other necessaries for the
Army, shall have power and are hereby required to nominate
and appoint such persons as they shal think fit for the purposes
hereafter mentioned. Which persons shall have power, and are
hereby authorized for the better security of repayment of such
sum or sums of money (with interest not exceeding eight l. per
Cent. for the forbearance of the same,) as shall be advanced or lent
by any person or persons for the supply of the Army raised or to
be raised by the Parliament, to Let, Set, and Demise, all and
every the Mannors, Lands, Tenements, Rents, Reversions, Profits
and Hereditaments whatsoever, of all and every such person or
persons as are or shall be assessed upon, or by vertue of this
present Ordinance, or any other former Acts or Ordinances of
Parliament for raising of Money, and have not or shall not satisfie
the same, for and until satisfaction shall be made of the several
sums of money by such persons respectively due to be paid, or by
his Heirs, Executors, Administrators or Assignes, or shall be
raised out of the Rents, Issues and Profits of the same. And all
Farmers, Tenants, and Occupiers of the same Mannors, Messuages,
Lands, Tenements, and Hereditaments, are hereby required to pay
their Rents respectively, to grow due unto such Person or Persons,
to whom the same Mannors, Messuages, Lands, Tenements, and
Hereditaments shall be assigned, let, set, or demised as aforesaid.
Power to enter in case of refusal.; Assistance.
And in case of refusal, it shall be lawfull for the persons to
whom such Mannours, Messuages, Lands, Tenements, and
Hereditaments, shall be let, set, or demised, as aforesaid, to enter
and distrain, and take all other advantages of forfeiture, or reentry, as the Persons assessed, or to be assessed, as aforesaid,
might have done to all intents and purposes. And the said
Persons to whom the said Mannors, Messuages, Lands, Tenements,
and Hereditaments, shall be let, set or demised as aforesaid, and
their Assigns, and all Farmers, Tenants, and Occupiers of the
same, shall herein be protected and saved harmless by the power
and authority of both Houses of Parliament. And it is hereby
Declared, That such further power and authority shall be from
time to time granted by both Houses of Parliament, for the
better enabling the Person or Persons so lending any sum or
sums of Money as aforesaid, to recover, receive, hold and enjoy,
the Mannours, Messuages, Lands, Tenements, and Hereditaments,
to be let, set, or demised, as aforesaid, and re-imbursement of the
sums to be advanced by them as aforesaid, as shall be reasonably required. And the said Persons to be appointed by the
said Committee of Lords and Commons for advance of Money,
for letting, setting, and demising of Mannours, Messuages, Lands,
Tenements, or Hereditaments, as aforesaid, and such as they shall
appoint, shall have power to call to their assistance the Trained
Bands, Officers and Souldiers of the several Counties wherein
the same shall lie, to be aiding and assisting in making distress,
giving possession, or other execution of this present Ordinance.
And all Captains, Lieutenants, Officers, and Souldiers, are
required to give their assistance accordingly.