July 1648: An Ordinance for taking, stating, and determining the Accompts of all such Officers and Soldiers, or Widdows of the said Officers and Soldiers, that have served the Parliament in the late Wars...

July, 1648

[20 July, 1648.]

The Committee.; Their power.

Be it ordained, and it is ordained by the Lords and Commons assembled in Parliament, That Henry Broad, Richard Wilcox, Nicholas Bond, James Prince, and Thomas Richardson, shall be a Committee for taking, examining, allowing, and determining the Accompts of all such Officers, Souldiers, Artificers and Waggoners, and of all Officers and Souldiers that have served the Parliament in the late Wars, and have not been under the Entertainment and Pay of the particular Counties and Associations of this Kingdome, or of the present Army under the Lord Fairfax, as well for their Pay, as for the Money and Goods they have received from the State, or from any Person or Persons during the time of their services, in order to their Pay, or the service of the Parliament, and for which they ought to be accomptable: Which said Committee hereby ordained, or any three of them, shall have power, and are hereby authorized and required to take, examine, allow and determine the Accompts of the said Officers and Souldiers, as well for their Pay, as for the Money and Goods they have received from the State, or from any person whatsoever, during the time of their services, in order to their Pay, or the service of the Parliament, according to an Ordinance of the Eight and twentieth of May, One thousand six hundred forty and seven, and the instructions therein mentioned, intituled, Instructions agreed upon by the Lords and Commons in Parliament assembled, to be observed in taking, examining and determining the Accompts of all Officers and Souldiers who have actually and faithfully served under their Command in the Kingdome of England and Dominion of Wales, from or since the beginning of these Wars: (any former Order or Ordinance of both or either House of Parliament concerning the taking and determining the Accompts of the Souldiery of this Kingdome and Dominion of Wales, under the command of the Parliament, or any clause therein contained to the contrary thereof in any wise notwithstanding.) And that every Member of the said Committee hereby ordained, before he enter upon the said service, shall take an Oath before the Speaker for the time being of either of the said Houses, for the due execution thereof; which Oath the several Speakers for the time being of both the said Houses, shall have power, and are hereby authorized to administer, the tenor whereof shall be as followeth, viz.

Oath.

I A. B. do swear, That according to my best skill and knowledge, I shall faithfully and truly demean my self in taking, stating, and determining the Accompts, of all such persons as shall come before me, in execution of an Ordinance of both Houses of Parliament, intituled, An Ordinance of the Lords and Commons assembled in Parliament, for taking, stating and determining the Accompts of all such Officers and Souldiers, or Widdows the said Officers and Souldiers that have served the Parliament in the late Wars, and have not been under the entertainment and pay of the particular Counties or Associations of this Kingdome, nor are of the present Army under the command of Thomas Lord Fairfax, according to the tenor of the said Ordinance, and the instructions therein mentioned; and that I shall not for fear, favour, reward, or affection, give any allowance, or conceal, spare, or discharge any, nor receive or take, directly or indirectly, by my self, or by any other to my use, any Fee, Reward, or Gratuity whatsoever, from any person or persons concerned as Accomptants by this Ordinance, nor any profit or advantage whatsoever, other then that salary appointed by the Parliament, and expressed in an Ordinance of the Date of these presents So help me God.

Power to send for Books of Musters, &c.;To administer an Oath.

And the said Committee shall have power, and are hereby authorized and required, by Warrant under their hands, or the hands of any three or more of them, to send for, and require from all Muster-masters, Commissaries, Treasurers, Receivers, Pay-masters, and all other Officers and persons whatsoever, that have paid any Money, or have been intrusted and imployed in any Army, Brigade, County or Garison, or otherwise under the command of the Parliament, or have paid any money by order or directions of one or both Houses of Parliament, or by any Committee or Committees of Parliament; all Books of Musters, Payments, Accompts, Lists, upon which payments of Arrears in part have been, or are to be made, or Authentique Copies thereof under their hands (and upon their Oaths to be administred by the said Committee, or any two of them, which they have hereby power and authority to administer;) And also all Certificates and other Papers and Vouchers whatsoever: And are by all other ways and means so to inform themselves, as may conduce to the best and most effectual execution to this service. And all Muster-masters, Commissaries, Treasurers, Receivers, Pay-masters, and other Officers and Persons as aforesaid, are hereby required to give obedience to every such Warrant accordingly: And the Committee for taking the Accompts of the whole Kingdome are also hereby ordered to be aiding and assisting to the said Committee by this Ordinance ordained, or giving them, or any two or more of them, access, and free leave to see and peruse any Accompts, Books, or Vouchers remaining in their custody, when, and so often as the said Committee shall have occasion to make use thereof in order to this service. And the said Committee hereby ordained, or any two of them, shall have power, and are hereby authorized to administer an Oath as they shall see cause, to all Officers and Souldiers who shall make their addresses to them for the stating and determining their Accompts, according to this Ordinance and the instructions therein mentioned (or to any person who may be concerned in any such Accompt, or is enabled to give any evidence for clearing the truth thereof,) the tenor of which Oath shall be as followeth, viz.

The Oath.

I A. B. do swear, That I shall according to my best knowledge, give in to this Committee a just and true accompt of all and every sum and sums of Money by me (or by my appointment, or to my use) received for my Pay, or otherwise in Money or Goods, in order to the service of the State, by vertue of any Order or Ordinance of both or either of the Houses of Parliament, or by colour or pretence of any such Order or Ordinance, or for which I am any way chargeable or accomptable, without any concealment whatsoever. So help me God

Committee may give Debenters.

And the said Committee, or any three of them, shall have power, and are hereby authorized to give out Debenters under their hands to the said Officers and Souldiers, for so much money as shall appear to them to be due upon their Accompts, allowed and determined according to the said instructions and this present Ordinance; which Accompts and Debenters shall be fairly Entred and Registered into a Book or Books to be kept for that purpose by the Register Accomptant, who shall attest under his hand as Register, the entry of every Debenter to be given forth by the said Committee as aforesaid, before the same be delivered to the parties therein concerned, whom the said Committee have hereby power to appoint, being one of themselves.

Debenters may be assigned; Assignments to be shewed to the Committee and entered.

And it is hereby ordained and declared, That all Officers and Souldiers that shall receive Debenters from the said Committee as aforesaid, may sell, assign, and set over the moneys due upon those Debenters to such persons as they shall think fit; And all such person and persons to whom such moneys so due shall be assigned, set over and sold, have hereby power and authority to demand and receive the same, as if the said Debenters were in their own Name or Names: Provided, That every such Assignment be first shewed to the said Committee, and an Entry thereof made by their Register to be by them appointed as aforesaid, to the end it may be the better known to whom the State is indebted.

Security for the moneys

And it is hereby further ordained and declared, That for the Moneys as shall appear to be due by such Debenters as shall be so Signed, Registered, and given out by the said Committee as aforesaid, the State shall be liable to the payment thereof to the said Officers, Souldiers, or their Widdows or Orphans, and the same shall be paid and satisfied out of Two third parts of the Lands and Estate of all Delinquents mentioned and comprehended in the three first Qualifications of the Propositions for Delinquents, sent to the King into the Isle of Wight, not formerly disposed of, or the Fines that shall be set upon those Delinquents by the Houses, and also out of the moneys arising out of the remaining part of all the Lands and the Revenues of all the late Archbishops and Bishops of England and Wales, appointed to be sold by several former Ordinances, after such engagements satisfied as are already charged thereupon.

If a surcharge be brought within two years, it shall be defalked, so it exceed not a third.

Provided always, That if any surcharge can be brought upon any Accompt whatsoever, made and stated by the said Committee, within two years next after Debenters shall be given as aforesaid; That then defalcation shall be made thereof out of the said Debenter, so as it do not exceed one third part of the whole Debenter.

Committee of the Army to give directions in difficulties.

And it is hereby further Ordained, That in case any doubt or difficulty shall at any time arise in stating of any the Accompts beforementioned, so as the said Committee cannot clearly proceed to the determination thereof according to the said instructions, then in every such case, the said Committee may make their addresses to the Committee of the Army, for their advice and direction therein, which they are hereby required and authorized to give accordingly, as to their best discretions shall seem meet: Which direction by way of Order, shall be a sufficient Rule and Warrant for the said Committee (by this Ordinance nominated and appointed) to proceed by, to the allowance and determination of all such Accompts accordingly.

Officers shall take an Oath.

And it is hereby further ordained and declared by the Authority aforesaid, That the said Committee, or any two of them, have power and authority to administer to the said Register Accomptant, and to the several Clerks, Messengers, or other necessary Officers and persons by them to be imployed in and about the said service, an Oath for their and every of their faithfull demeanour, the tenor of which Oath shall be as followeth, viz.

I A.B. do swear, That according to my best skill and judgment, I shall faithfully, and diligently, and truly demean myself in the Office of wherein I shall be imployed by this Committee. So help me God.

The Committee to state some other Accompts referred to them.

And it is lastly ordained, That the said Committee, or any three of them, shall have Power and Authority to state, audite, and determine the Accompts of all such Officers and Souldiers (as shall be referred to them by the Committee of the Lords and Commons for the Army) that have been of the Army under the command of Thomas Lord Fairfax, for services by them done in other commands then of the said Army, and to return the same Accompt to stated to the said Committee. And the said Lords and Commons do further ordain and command, as well all Maiors, Sheriffs, Justices of the Peace, Constables, and other Officers and Ministers of Justice, as also all Colonels, Captains, and other Officers and Souldiers under the command of the Parliament, to be aiding and assisting to the Committee in the du execution of this Ordinance.

And it is lastly ordained by the said Lords and Commons, That the Committee and every one of them, and their Clerks and other Officers to be imployed in and about the said service, according to the tenor and effect of this present Ordinance, shall be therein protected and saved harmless by the Power and Authority of both Houses of Parliament.