October 1643: An Ordinance for Assessing all such Members of either of the Houses of Parliament, as have or shall absent themselves therefrom, or are in actual War against the Parliament.

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.