July, 1645
[9 July 1645.]
Act for relief of Captives.; Ord. 24 Oct. 1644.;Names of Committee appointed for receiving Merchants Bonds and Money due thereon.; Powers.; Merchants to be repaid.
Whereas by an Act made this present Parliament, Intituled,
An Act for the relief of the Captives taken by Turkish, Moorish,
and other Pirats; and to prevent the taking of others in time to
come, a Subsidy of one per cent. was imposed on all Goods and
Merchandize exported out of, or imported into this Kingdom of
England and Dominion of Wales, which was to be one first
part more then the Customs and Subsidy of Tonnage and
Poundage, according to the Book of Rates: Since the passing of
which Act, the House of Commons by Order of the Tenth of
March 1641. for divers reasons did Order, That Bonds should be
taken by the Collectors of that duty to stand to the Order of
Parliament: And whereas both Houses of Parliament intending
to carry on that good work, did on the 24. of October 1644.
Order, That only one fourth part of the moneys due by the said
Bonds, being one shilling in every twenty shillings Custom,
should be paid by the respective Merchants of the City of London,
having by their Petition set forth the great inconveniency that
might happen, as well in relation to the Advancement of the
work, as to the unequal burthen that might rest upon the wellaffected Merchants, in regard sundry persons ill disposed to that
work, and disaffected to the Parliament, did, during the time of
the said Act, make ill use of the favor of the Parliament; and
did fraudulently make entry of their Goods in the names of insolvent and unknown persons, by whom Bonds were likewise
sealed. And the duty being now required, no such persons
appear, nor moneys can be collected for the carrying on of that
work; yet the said well-affected Merchants being desirous that
the work might go on, are ready not only by way of Advance
forthwith to pay in all such moneys as they themselves owe upon
those Bonds, but likewise willing to discover the fraud in those
ill-affected persons, and to use their best endeavors to recover in
the moneys due upon such bonds, so as they might be enabled
by an Ordinance of Parliament, for continuance of that duty of
one fourth per Cent. for another year to reimburse themselves out
of the one moyety of the Collections of that duty, or otherwise, all
such moneys as they shal pay in and advance as aforesaid; It is
therefore Ordained by the Lords and Commons assembled in Parliament; That Samuel Avery, Esquire, Alderman of the City of
London, Walter Pell, Robert Lowther, Rouland Wilson Senior,
Thomas Hodges, William Methold, Edmund Cason, Robert
Abdy, Samuel Mico, Charles Snelling, Richard Leg, Thomas
Rich, Ionathan Andrews, Nathanel Wright, Thomas Burnel,
Richard. Chiverton, Nathan Wright, Richard Hill, Benjamin
Delannoy, William Vincent, Henry Hunt, and Hugh Wood, or
any three of them shall be a Committee, and have power to receive from the Chamberlain of London, who is hereby required
to deliver all such Bonds of Merchants heretofore taken for the
satisfying of that duty by vertue of the said Order of the Tenth
of March, 1641. And shall have further power to receive all
Moneys due upon the said Bonds, from the several Merchants,
according to the Rule following: That is to say, of all such
Merchants that shall before the 24. of July next, voluntarily pay
in the one fourth part of the One per cent. in obedience to the
Ordinance of the 24. of October, 1644. upon their said Bonds they
shall accept thereof, and deliver up their Bonds cancelled to the
respective Merchants; but of all others, which shall refuse to
accept of the benefit of this Ordinance, and to pay in their
Moneys on their Bonds by the day prescribed, or any others that
they shall discover fraudulently to have made their Entries in
unknown Names to elude the Ordinance of Parliament, They
shall have power to require and receive the whole duty of One
per cent. or the whole penalty of the said Bonds as they shall
think fit. And if any shal refuse upon demand to make such
payment, then to leavie the same by distresse upon the Goods
and Estates of such persons, and the same to sell and dispose of
for the satisfaction of the said Bonds, and the overplus if any
shall be, to return it to the parties so refusing. And for the
better execution of this service, they shall have power to send
for Parties, Witnesses, other then Peers, Papers and Records at a
certain time and place where they shall constantly sit. And it
is further Ordained, That after the sum of Ten thousand pounds
shall be raised and Collected upon the said Bonds for the carrying on the said work, such Merchants, as shall, on or before the
said 24. day of July, pay in their said Moneys in obedience to
this Ordinance, shall be repaid the same out of the surplus of such
Moneys as shall arise upon the said Bonds in turn as they did
pay in their Moneys, and what part shall be wanting for the full
reimbursement of every particular Merchant, shall be paid out
of the one Moyety of the Receipts that shall be Collected in the
Port of London, on an Ordinance of Parliament passed this
present day, for the continuance of the said duty of one fourth
of one per cent. from the 10. of December next inclusive. Provided, if any Merchant shall not pay in the Money due by his
Bond, on or before the 24. of July as aforesaid, shall not enjoy
the benefit of this clause, or any thing in this Ordinance contained.
Committee may appoint Treasurer
And it is further Ordained, That this Committee shall have
power to appoint a Treasurer to receive and issue out all such
moneys as shall be Collected on the said Bonds, as he shall receive
order from time to time from the Committee of the Navy appointed by Parliament, which shall be to him a sufficient discharge, and to imploy such other person or persons in the execution of this service, and to give such reward for their care and
pains, as to them with the approbation of the Committee of the
Navy shall be thought fit.
Penalty for elusion of Ord. after July 24.
Lastly it is Ordained, That if after the said 24. day of July,
any person or persons shall be discovered eluding of the said
Ordinance of Parliament for the payment of that duty to have
made fraudulent entries, and to cause Bonds to be given in the
names of unknown or insolvent persons, such persons so discovered shall be liable to the penalty of the said Bonds, and to
such further punishment as shall be thought fit by Parliament
to be due to offences of that nature; one Moyety of the said Fine
and penalty shall be to such person or persons that shall make
such discovery, and the other Moyety to the State, to be imployed, to and for the Redemption of the said distressed Captives;
And the Committee of the Navy are to take care for the putting
this Ordinance in execution, and to give such further Instructions from time to time, as shall be needful for the better carrying on of this Service.