October 1653: An Act impowering the Committee of the Army to state and determine the Accompts of all Officers and Soldiers, and others imployed by them, for moneys by them received from the 26 of March 1647, until the 25 July 1653.

October, 1653

[19 October, 1653.]

A Committee for stating Accompts.; What Accompts are intended.; Rules.; Allowance Moneys.

Be it Enacted by this present Parliament, and it is hereby Enacted by the Authority thereof, That the several persons by an Act of this present Parliament, Entituled (An Act appointing a Committee for the Army and Treasurers at War) published the Twenty seventh of July, One thousand six hundred fifty and three, named and appointed to be a Committee for the Army, or any five of them, be and are hereby authorized and impowered by themselves or such as they shall appoint, and by such ways and means as they shall think fit, to cause the Accompts of all Officers and Soldiers, that either are or were in the Service of this Commonwealth, at any time since the Fifteenth of January, One thousand six hundred forty and seven; And also the Accompts of all other persons who were imployed or intrusted by any Committee of the late Parliament for the Army, or by any Governor of Garison, or other Officer or Soldier of the Army, for all Moneys received by them, or by any other persons by the appointment, or for their use, between the Six and twentieth of March, One thousand six hundred forty and seven, and the Twenty fifth of July, One thousand six hundred fifty and three, for all Moneys (by such Officers, Soldiers and other persons intrusted as aforesaid) received either by vertue of any Warrant, Order or Direction from the said Committee or Committees for the Army, or of any former or present Commander in Chief of the Army, or any Brigade or any part thereof, Governor of Garison, or otherwise howsoever, out of the Assessments or any other Moneys taxed, raised or appointed for the use of the Army and Charges incident thereunto, to be Stated, Audited and cast up, according to such Rules and Directions, as shall be in that behalf from time to time by the said Committee for the Army, or any Five of them, given and prescribed: And the said Committee for the Army or any Five of them, are hereby appointed and authorized, according to such Allowances of Pay, as to them shall appear to have been made to the said Officers for themselves and the respective persons under their command, or according to such Issues and Payments as have been made by the Officers of any Regiment, Train, Troop or Company, to the Officers and Soldiers under their command, or for any other use for which such Officers were intrusted with Moneys, to allow of the said Accompts, as to the said Committee shall seem meet and just, and to perfect and finally to determine the same; and give full and absolute Discharges to the Officers and Soldiers for the Moneys so Received and Issued by them: And the said Committee for the Army or any five of them, are likewise appointed and authorized, according to such Issues and Payments as to them shall appear to have been made according to any Order or Act of the late Parliament, by any person or persons intrusted or imployed to Receive and Issue forth any Moneys, or that did receive any Moneys for the use of any the said Forces as aforesaid, or according to such Warrant or Order as such persons have received for the Issuing forth and Payment of any the Sums so received by them, either from the said former Committee or Committees for the Army, or from any Commander in chief as aforesaid, Governors, Officers or others, by whom they were so imployed or intrusted to allow of the said Accompts, as to the said Committee shall seem meet and just, and to perfect and finally determine the same; and give full and absolute discharge to all and every such persons for the moneys so received, issued forth and paid by them.

Accompts to be brought in.; Power to administer an Oath.; Arrears to be certified.; Warrants to be issued for payment.

And be it Enacted, and it is hereby Enacted by the Authority aforesaid, That all and every person and persons, that either are or were imployed in the Army, at any time since the said Fifteenth of January, One thousand six hundred forty and seven; or that were imployed or intrusted by any Committee of the late Parliament for the Army, Commander in chief as aforesaid, Governor of Garison, or other Officer or Soldier, for the receiving of any Moneys for the use of any the Forces aforesaid, or incident charges of the Army, since the said Twenty sixth of March, One thousand six hundred forty and seven: And the Heirs, Executors and Administrators of every such persons deceased, or that before the determination of any Accompts by vertue of this Act to be stated shall decease, shall be, and are hereby enjoyned and required to bring in their Accompts to the said Committee for the Army, or to such persons as the said Committee or any five of them shall appoint to receive the same, of all Moneys received as aforesaid; or that since the said Five and twentieth of July, One thousand six hundred fifty and three, have been or shall be received by vertue of any Warrant or Order before that time granted by any former Committee of the late Parliament for the Army, and to attend the perfecting of their said Accompts: And the said Committee for the Army shall be, and are hereby authorized in case of doubt, to administer an Oath to, and examine upon Oath any the said Accomptants or others, for the clearing of their Accompts, or the truth of any matter that shall be objected against such Accompts, if they shall see cause: And the respective Treasurers at War for the Assessments appointed for the Pay of the Army, before the Twenty fifth of December, One thousand six hundred fifty and one, and for the present Assessments for the Army, the Commissary of Musters, his Deputies and Clerks, are hereby enjoyned to be aiding and assisting, and obedient to the said Committee in the execution of the premises: And the said Committee for the Army, or any five of them, where they shall upon examination of any accompt finde, that there is an arrear of pay due to the person or persons concerned in such accompt, shall and are hereby authorized, after defalcation made of the value of all provisions, which shall appear unto the said Committee to have been bought, or delivered for or received by such person or persons within the time aforesaid; and also of all such Sums in lieu of Free-Quarters as (according to the Deductions appointed to be made for FreeQuarter, by Ordinance of the late Parliament of the Twenty fourth of December, One thousand six hundred forty and seven) the Free-quarter taken by them within the time aforesaid shall amount unto, shall and are hereby authorized and appointed, to certifie to the Parliament the arrear remaining due to the person or persons respectively concerned in such accompt; to the end that such satisfaction may be given therein as to the Parliament shall seem meet: And the said Committee for the Army, where they shall upon the examination of any Accompt, finde that there is any money remaining in the hands of any person or persons concerned in such Accompt, or shall any other ways discover, that there is remaining in the hands of any person or persons, any moneys by them received as aforesaid, shall be, and are hereby authorized and injoyned to issue forth their Warrants for the payment of all such sums of money forthwith, to the present or other Treasurers at War for the time being, for the use of the Army, and other the uses in this Act mentioned, who are hereby authorized and directed accordingly to receive the same.

Power to commit Defaulters.; Sequestration.

And be it Enacted, and it is hereby Enacted by the authority aforesaid, That if any person or persons who are accomptable for, or have received any moneys as aforesaid, or the Heir, Executor or Administrator of any such person or persons, shall refuse or neglect to observe such Orders, Directions or Warrants, as by the said Committee for the Army or any five of them shall be granted either for the bringing in their Accompts, or the attending the examination and perfecting thereof, or for the payment of any moneys so received as aforesaid, and remaining due to the Commonwealth, That then and in all such cases, the Committee for the Army or any five of them, shall and are hereby authorized and appointed to commit such person or persons to safe custody, until such time as he or they shall have observed and fulfilled the Orders of the said Committee, or otherwise to signifie in writing to the present or other Commissioners for Sequestrations for the time being, the refusal or neglect of such person or persons: And the said Commissioners are hereby injoyned and required thereupon forthwith to seize and sequester their and every of their Estates real and personal, for the use of the Commonwealth; and upon Certificate from the said Committee for the Army, or any five of them, to the said Commissioners for Sequestrations, that such person or persons whose Estates shall be for any of the causes aforesaid sequestred, his or their Heirs, Executors or Administrators have conformed to, observed and fulfilled the Orders or Warrants of the said Committee, the said Commissioners for Sequestrations shall and are hereby required to discharge the Estate of such persons from Sequestration.

What shall be a good discharge.

And be it Enacted, and it is hereby Enacted by the authority aforesaid, That the Warrant or Order of the said Committee of Parliament for the Army or any five of them, together with the Receipt of the present or other Treasurers at War for the time being thereupon, shall be a sufficient discharge for all moneys, which shall be by vertue of this Act paid to the said Treasurers at War by any Accomptant, their Heirs, Executors or Administrators; and the discharge of the said Committeee for the Army or any five of them, which shall be given to any person or persons for any sum or sums of money, for which they shall by vertue of this Act accompt with the said Committee for the Army, or with such other persons as shall be by the said Committee or any five of them, appointed to take and examine such accompt, shall be to all and every such persons, their Heirs, Executors and Administrators, good and sufficient to all intents and purposes, to free and discharge them and every of them from any further accompt, for all or any such sums for which they shall so accompt, and receive discharges as aforesaid.

How these moneys shall be imployed.; Treasurers at War to observe the Warrants of the Committee.

And be it Enacted, and it is hereby Enacted by the authority aforesaid, That the said Committee for the Army, or any five of them, shall be, and are hereby authorized and impowered by their Warrants, to issue forth and dispose of all such moneys as shall be by vertue of this Act paid to the present or other Treasurers at War for the time being, either for the use of the Forces in England, Ireland or Scotland, or the incident charges of the said Forces; and for the payment and satisfying of such persons, as they shall imploy in or about the execution of the business by this Act committed to their care: And the present and all other Treasurers at War for the time being, who shall receive any moneys which shall be by the said Committees Warrant ordered to be paid to them by vertue of this Act, shall, and are hereby required to observe all such Warrants as shall be granted by the said Committee for the Army or any five of them, for the purposes aforesaid, and pay and satisfie the moneys so ordered to be paid accordingly; and the Warrant or Warrants of the said Committee for the Army, together with the Receipt of the person or persons to whom any sum shall be directed to be paid, or his or their Assignee or Assigns, shall be to all and every the said Treasurers at War a sufficient discharge.