June 1645: An Odinance for the better taking and expediting the Accompts of the whole Kingdom.

June, 1645.

[27 June, 1645.]

For the better taking the Accompts of the whole Kingdome, and the more speedy levying of such sums of money as are, or shall be due unto the Commonwealth upon such Accompts as are, or shall be determined;

Committee to issue Warrants for inquiry.; Notice to be left at every house.; Such as fail to give information, shall lose the benefit of the publick faith

It is Ordered and Ordained by the Lords and Commons in Parliament assembled, That the Committee for taking the Accompts of the whole Kingdome, and the several Sub-Committees of Accompts within their respective limits, shall have full power and authority, and are hereby authorized to issue forth Warrants to the high Constables, Constables, petty-Constables, and Headboroughs of every Hundred, Lath, Rape, Wapentake, Ward, and to the Church-wardens of every Parish, or any of them, or to any other Person or Persons under the degree of a Peer of this Realm, nor to any member of the House of Commons within the limits aforesaid, whom they shall think meet, thereby requiring the persons to whom the said Warrants shall be directed, to make strict and diligent inquiry in every parish of this Kingdome within their several Precincts, what sum or sums of money, Plate, Horse, Arms, Ammunition, Houshold-stuff, Goods of all sorts, Rents and Profits of Lands, Wood, Provisions of all kinde, and free-quarter have been received, taken, collected, raised, seized, or sequestred within the said Hundred, Lath, Rape, Wapentake, Ward and Parish, by way of voluntary Contribution, Tax, or otherwise, and by whom the same hath been received, taken, collected, raised, seized, sequestred, and to whom paid or delivered. And the said persons unto whom the said Warrants shall be directed, shall give notice thereof in writing, and leave, or cause the same to be left at every house within every respective Parish, to inform them of all such sum or sums of money, Plate, Horse, Arms, Ammunition, Houshold-stuff, Goods, Rents, and profits of Lands, Wood, Provisions of all sorts, and free-Quarter, that have been received, taken, collected, raised, seized, or sequestred by any person or persons, and by whom paid, given, or contributed to any person or persons whatsoever, for the use of the Commonwealth by way of Assessment or otherwise, within fifty daies after personal notice left or given, under pain that every person or persons, who shall wilfully or negligently fail to give in such information within the time aforesaid, without rendring a just and reasonable cause of his or their failer herein, shall from thenceforth be disabled to demand the benefit of the publick Faith for all such moneys, Plate, Horse, Arms Ammunition, Provisions, Contributions, free-Quarter, as he or they shall omit to inform of; And after such information taken by the persons to whom the said Warrants shall be directed the same shall be returned in writing to the said Committee, for taking the Accompts of the whole Kingdome, or unto the subCommittee of Accompts respectively, for the better inabling them to charge the said Accomptants

And whereas several sequestrations have been unwarrantably, fraudulently and deceitfully discharged, or let or sold at under values by the several Committees or Officers for sequestrations in the several Counties, Cities and other places of this Kingdome;

Power to enquire on Oath of raud.

Be it ordained that the Committee for the taking of the Accompts of the whole Kingdome, and the several sub-Committees for the said Accompts respectively, shall have power, and are hereby authorized to enquire thereof by Oath, and if they shall finde the same to be unwarrantably, fraudulently and deceitfully discharged, undersold or underlet, they shall further enquire by what wayes and means, and by whom the said discharge, undersale, or underletting was procured, and such person or persons as shall be found faulty in the premisses, shall make such satisfaction to the Commonwealth proportionable to their offence, as the Committee of Accompts for the Kingdome, or any five of them, shall adjudge and determine, so as the said persons be not Peers of this Realm, or members of the House of Commons.

Power to enquire of concealments of Delinquents' Estates.

And be it further ordained, That the said Committee for taking of the Accompts of the whole Kingdome, and the sub-Committees for the said Accompts respectively, shall have authority, and they are hereby authorized to enquire of all persons whatsoever, that have or shall any way conceal and detain the Estates, Goods, and Chattels of any person or persons sequestred or sequestrable, and shall charge them for the same as Accomptants, to all intents and purposes, so as the said persons be not Peers of this Realm, or Members of the House of Commons.

Allowances to Accomptants.

And whereas several Accomptants to whom there is no allowance given by Act, Ordinance, or Order of one or both Houses of Parliament, demand upon their Accompts several allowances, Be it ordained that the said Committee for taking the Accompts of the whole Kingdome, shall have power and authority, and they or any five of them are hereby authorized to make such reasonable allowances unto the said Accomptants for their charges and pains as they shall think meet, the said allowances not exceeding a penny in the pound, for every pound received by such Accomptant.

Arrears up on Accompts to be paid in .;Commitment for default.

And be it further ordered and ordained, That every person or persons found in arrear upon any Accompt to be determined by the said Committee, or any five or more of them, shall immediately upon determination of the said Accompt and signification, or notice thereof given to the several person and persons aforesaid, or left in writing at his or their house, or usual place of aboad by the said Committee, or any five or more of them, pay in, or cause to paid unto the Chamberlain of the City of London for the time being, or unto such particular Treasurers, as by any former Act or Ordinance are appointed to receive the same, and in case no Treasurers are already appointed, then unto such Treasurer as shall by vertue of this Ordinance be made in every County in this Kingdome, all such sum and sums of money as shall be found and certified to be arrear, and by him or them due and owing upon their said accompts, or otherwise give such sufficient security for the payment thereof, in manner and form aforesaid, within the space of fourty daies next after the said Certificate, as by the said Committee for taking the Accompts of the whole Kingdome, or any five or more of them shall be approved of. And for default thereof, the said person or persons neglecting or refusing to pay, or secure the said sums and arrears as aforesaid (not being a Peer or assistant, or Officer of the house of Peers, or Member or Officer of the House of Commons) shall be committed by the said Committee, or any five or more of them, unto such Prison as they shall think fit, there to remain without Bail or mainprize, untill he or they shall pay in the several sums of money, or give such security for payment thereof, as aforesaid. And if any such person or persons be Peers, or Assistants, or Officers of either House of Parliament, then their names to be certified to such House as they shall belong unto respectively, that such further course may be taken therein as shall seem meet.

Moneys acknowledged by Accomptants to be paid in.

And be it further Ordained, That if it shall appear to the said Committee, or said sub-Committees, by the acknowledgement of the Accomptant, or otherwise, that there remaines any sum of money or Goods in the hands or possession of any Accomptant (not being a Peer, or Assistant, or officer of the House of Peers, or member or Officer of the House of Commons) or any other person or persons to his use that the said Committee, or any five or more of them, or any of the said sub-Committee, or any five or more of them, shall, before the said Accompt determined, have hereby power to order the payment of the same moneys, and to make sale of all such Goods to the use and benefit of the Commonwealth, within such time as shall be by them limited, or, in default thereof, to proceed against the said Accomptants as in the precedent clause is directed, against such persons whose Accompts are determined.

Accomptants endeavouring to go out of the Kingdome, to be seized and secured.

And be it further ordained, That if shall appear by Proof to the said Committee of Accompts, or any sub-Committee of Accompts, that any person or persons who is accomptable by vertue of the Ordinances for taking of the Accompts of the whole Kingdome, or any of them, shall go about or endeavour to depart the Kingdome, or convey away, hide, or obscure his or their Estates, to prevent the payment of what shall be found justly due from him or them unto the Commonwealth; that then the said Committee of Accompts, or sub-Committee in every County, or any five or more of them respectively, shall and may, by Warrant under their hands to be made to such person or persons as they shall think fit, cause the person and estate of such person or persons (not being a Peer, or Assistant, or Officer of the House of Peers, or member or Officer of the house of Commons) to be seized and secured, until such time as he or they shall put in good and sufficient security to be taken by the said Committee, or sub-Committee, or any five or more of them respectively, that he or they shall and will truely pay and satisfie all such sum or sums of money as shall be found due from him or them unto the Commonwealth, upon the determining of his or their Accompts.

Accomptants indebted, and not making payment, their Estates shall be seized and sold.

And be it further Ordained, That if any person or persons (not being a Peer, or Assistant, or Officer of the House of Peers or Member or Officer of the House of Commons) shall be found indebtea and arrear upon the foot of his or their Accompt, and shall be imprisoned, or otherwise absent himself from the place of his usual abode or dwelling, by the space of one moneth after notice of his or their Arrear given according to this Ordinance; that then the Committee for taking the Accompts of the whole Kingdome, or Sub-committees respectively, shall and may send for any person or persons in whose hands, power, or knowledge the Estate real or personal of such person so found in arrear shall be, and examine the said person or persons upon Oath (which by vertue of the said Ordinances, the said Committee or Sub-committee respectively shall have power to administer) for the discovery of the Estate real or personal of such person or persons so indebted; And having discovered the same, the said Committee of Accompts, or any five or more of them, shall have power to nominate some fit persons, who shall hereby have power, and are authorized to seize and make sale of the Estate real and personal, Rights and Credits of such person so found in arrear, in as ample manner as is usual in the case of Bankrupts, the said sale to be by Deed inrolled in the Court of Chancery, and to be good and effectual in Law to all intents and purposes, against the said party so found in arrear, and all claiming by, from, and under him, without good and valuable consideration; and to cause such Moneys so raised to be paid to the respective Treasurers in this Ordinance named.

Sub committee to name a Treasurer.

And be it further Ordained, That the Sub-committee of every County of this Kingdome, or the major part of them, shall from time to time have power and authority to name one fit and able person in every County, to be Treasurer of that County; and the said person so named being approved of and allowed by the Committee for taking the Accompts of the whole Kingdome, shall receive the several sums of Money that shall be found arrear from any person or persons within the said County, and shall disburse the same as the same is or shall be ordered by the Houses of Parliament: And the said Treasurer shall exhibite upon his Oath unto the said Sub-committee, a Bill of such necessary charges as he shall be at in the receiving, paying, carrying other Money received by him, according to direction of such Order of Orders; which charges so by him disbursed, he shall and may lawfully retain, upon his allowance of the said Bill.

Appeal of Persons aggrieved.

And be it further Ordered and Ordained by the Authority aforesaid, That if any person or persons shall find him or themselves aggrieved with the determination of any such Accompt as aforesaid, then every such person and persons so aggrieved, after he or they have deposited, or sufficiently secured, in such sort as the Court of Chancery shall think fit, such sum and sums of Money as are found in arrear, and by him or them due and owing upon his or their said Accompt, unto the Chamberlain of the City of London for the time being, shall and may, within thirty days after such Accompt shall be determined, and notice thereof to him or them given or left, and such payment or securing of the said Money as aforesaid, exhibite his or their Appeal into the Court of Chancery for redress therein; and that upon the said Appeal, the said Court of Chancery may, by such ways and means as to the Lord Keeper or Commissioners of the Great Seal for the time being shall seem meet (the circumstances of the case considered) within six moneths after the delivery of the said Appeal, in a Summary way, without formality of proceedings, proceed to the examination, hearing, and determining thereof; and, upon hearing thereof, shall and may adde or diminish, alter or enlarge the said determining of the said Accompt, as to them shall be thought to stand with equity and good conscience; and shall and may tax and award such person and persons as they shall find to complain or appeal without any just or reasonable cause, to pay such costs and sums of Money as they in their discretions shall think fit, to the use of the Commonwealth, unto the Chamberlain of the City of London aforesaid; and for neglect or refusal thereof to commit the said person or persons to Prison, until they shall pay the same: And that the said sums of Money so paid unto the Chamberlain of the City of London upon the said Appeal, shall not be disposed of until the said Appeal be determined, and so much shall be adjudged against the Appellant, to be paid unto such particular Treasurers as are appointed to receive the same as aforesaid, or to be disposed as by Order of the said Houses of Parliament shall be appointed and directed: And the party that shall prosecute the Suit for the Commonwealth, shall have full costs allowed unto him, in case he that shall appeal shall not prevail upon his Appeal.

Persons imployed herein, their persons and horses shall not be pressed or seized.

And further, it is hereby ordered and ordained by the said Lords and Commons, That all persons imployed or to be imployed in taking of the said Accompts by vertue of the aforesaid Ordinances, their, and every of their Officers and necessary Attendants, and their, and every of their Horses, shall be free from pressing, and shall not be seized or taken by vertue of any Order or Ordinance for the service of the State, so long as they or any of them are imployed in or about the taking of the said Accompts.

Allowances to persons imployed by Sub-committees.

And be it further ordained, That the Officers and other persons imployed by the several Sub-committees in each County and City, shall have such reasonable and fitting Allowances, as shall be thought fit by the said Sub-committees, or the major number of them, and shall be approved of by the Committee for taking the Accompts of the whole Kingdome, or any five of them.

Fee to the Messenger attaching a person refusing to come on summons.

And be it further ordained, That if any person or persons (not being a Peer of this Realm, Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) that shall be summoned to appear before the Committee for taking the Accompts of the whole Kingdome, or the said Sub-committees respectively, shall wilfully neglect or refuse to appear before the said Committee or Sub-committee, and shall afterwards, for such his neglect or refusal, be sent for, and attached by their Messenger or Messengers, That in such case it shall and may be lawfull for the said Messenger so attaching the said person or persons, to take of every such person the sum of two pence for every mil he shall go or ride for the said person or persons so offending, and twelve pence for the Attachment of the said person offending.

Fees to the Register, Accomptant and Cler

And be it further ordained, That it shall and may be lawfull for the Register, Accomptant, or Clerk to the said Committee for the taking of the Accompts of the whole Kingdome, and their Sub-committees respectively, to take from every person that shall be found in arrear, Three pence for every Sheet that shall be written of every examination or Accompt, and Twelve pence for every Order which the said person so found in arrear shall desire to have written or copied out for his benefit.

Oath to be administred to Officers.

And be it further ordained, That the said Committee for the taking of the Accompts of the whole Kingdome, and the said Sub-committees respectively, or any two of them, shall have power and authority to administer to every Register, Accomptant, Messenger, or other Officer or Person imployed, an Oath for their and every of their faithfull demeanour, the Tenor whereof followeth.

I A. B. do swear, That according to my best skill and judgement, I shall faithfully, diligently and truly demean my self in the Office of or other imployment wherein I shall be imployed by the Committee for the taking of the Accompts of the whole Kingdome, or by any Sub-committee for taking the said Accompts.

Sub-committees may send for persons.

And it is further ordained, That the Sub-committee of Accompts of each respective County and City, or any five or more of them, shall have full power and authority to send into any other County or City, and to cause all persons accomptable for any Moneys, or Goods received or taken in the County of which they are Sub-committees (not being a Peer, Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) to appear before them, for the examination of their former Accompts, according to this and the several Ordinances, unless the Committee for taking the Accompts of the whole Kingdome shall give order to the contrary.

And be it further ordained, That if any person or persons, named or to be named, of any Sub-committee of Accompts, according to the said several Ordinances of Accompts, or which shall be named Treasurers according to this Ordinance, shall refuse to take upon them the said respective Imployments, or to take the National Covenant, upon Certificate of the several Names to the House of Commons, by the Committee for taking the Accompts of the whole Kingdome, they shall receive such punishment as the High Court of Parliament shall think fit.