November 1649: An Act for further Instructions to the Treasurers, Trustees, Contractors, Register, Surveyors and other persons imployed in the Sale of the Honors, Manors and Lands belonging to the late King, Queen and Prince, and for Stating of Accompts.

November, 1649

[23 November, 1649.]

Act 16 July 1649.

Be it Enacted by this present Parliament, and by the authority of the same, That the form of the Debentures which the Trustees named in an Act of this present Parliament, Entituled An Act of the Commons in Parliament assembled, for Sale of the Honors Manors and Lands heretofore belonging to the late King, Queen and Prince are by the said former Act authorized and required to give to the said several Officers and Soldiers in the said Act mentioned, shall be in maner following; (viz.)

Form of a Debenture.

All lawful Deductions made, there remaineth due from the Commonwealth to his Executors, Administrators and Assigns, until the day of the date hereof, the sum of which said sum of is to be paid to the said his Executors, Administrators or Assigns, upon the day of which shall be in the year of our Lord But if the said his Executors, Administrators or Assigns, do before that time become a Purchaser of any the Lands or Particulars Enacted to be sold for security of the said Debt, that in such case allowance shall be then made thereof, according to the said Act, if the same be required, and the Commonwealth to be thenceforth discharged of the said Debt, or so much thereof as shall be defalked upon such Purchase.

Which said form, the said Trustees observing the substance and effect thereof, shall and may vary in circumstances, as the case shali require; which said Debentures prepared as aforesaid, and being signed, stamped, registred, attested and perfected, as by the said former Act is limited and appointed, shall be sufficient and effectual Debentures, to all intents and purposes, according to the Rules and Directions in the said former Act prescribed.

Debentures to be entered.

And be it Enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Trustees, or the Register for Debentures by them appointed or to be appointed, after the several Debentures perfected and entred according to this or the said former Act, to deliver the same unto such person or persons as shall bring to the said Trustees the respective Original Debentures, Accompts or Certificates, upon which such perfected Debentures shall be made, or their respective Assigns, and to no other person whatsoever.

Trustees to rectifie Accompts.

And be it likewise Enacted, That the said Trustees, or any three or more of them, and also such other persons as the said Trustees or any five or more of them shall appoint, shall and may rectifie such mistakes and errors in Accompts stated, and in Debentures signed and past by any Committee, Commissioners, or other persons having power to state Accompts, and returned, certified or brought unto them (according to the Directions in the said former Act) as upon perusal of such Accompts and Debentures respectively, may be discerned to have happened by reason of wrong calculation or miscasting; and where such errors happen to be to the prejudice of the Commonwealth, that then the said Trustees, and such as they shall appoint as aforesaid, shall and may charge such respective Accompts and Debentures with so much as the respective errors therein contained amount unto by way of surcharge; and that the said Accompts and Debentures so surcharged, shall stand good and effectual for the remainder thereof, as if no such error or mistake had been therein.

Committee for Accompts appointed.; Their Power.; To administer an Oath.; To view and take Copies of any Muster-Rolls, &c.

And be it further Enacted by the authority aforesaid, That the Committee for Accompts sitting at Worcester-House, together with William Jessop and Edward Carey, Esqs; be, and are declared, appointed and intrusted to be the Committee mentioned in an Act (Entituled, An Act for the present examining and stating of the Accompts of the Officers and Soldiers now in the Parliaments Service within this Nation) for the receiving of the several Lists, Certificates, Accompts, Oathes and Examinations in the last recited Act mentioned (in order to the stating of the Accompts of the said Officers and Soldiers) and of all other Evidences whereupon such Accompts and Lists are or shall be grounded, the same being certified and returned unto them by the respective Officers, and other persons in the last recited Act appointed for that purpose, according to the tenor, method and form in the said last recited Act limited, and also for the taking, examining, stating and determining the Accompts of all the Colonels, Captains, Field-Officers, Staff-Officers, Train-Officers, General-Officers, and other chief Officers in the said last recited Act mentioned; which said Com mittee or any three or more of them, are authorized and required (after due examination of the said Accompts, according to the computations in the said Lists, and such other Rules and Directions as in the said Act are expressed) to give Debentures for the clear Arrears due to every such Colonel, and other Officer and Soldier respectively, in such form as by the said last recited Act is prescribed; and the said last mentioned Committee, or any three or more of them, are further authorized to administer the Oath in the said last recited Act appointed, unto every person that shall desire to have his Accompt stated as aforesaid, and to require of them such Certificates, or other Testimony or Vouchers, as by the said Act is directed, before they proceed to the stating of their respective Accompts: And likewise to open and examine such Certificates, Accompts and other Vouchers as shall be returned unto them, and to correct and amend such errors as they shall finde to be in any such Accompts, so as neither the Commonwealth, nor the party concerned therein may be prejudiced thereby; which said Accompts so to be stated by the said last mentioned Committee, shall be, and shall be deemed and taken to all intents and purposes to be stated by vertue of the said last recited Act: And all Muster-Masters, Treasurers, Auditors, Registers and other persons whatsoever whom it may concern, are required to permit and suffer the said last mentioned Committee or any of them, or any other person or persons whom they or any three of them shall appoint, without any delay to peruse all Muster-Rolls, Books of Payment, Accompts, and all other Vouchers whatsoever in their custody (relating to the service or pay of Soldiers, or to the Accompt of any Soldier in relation to his service in the Wars) and to take Copies of all or as many of them as they shall think necessary for the better enabling of them to perform the said service; and the Register to the late Committee for the Accompts of the whole Kingdom, is authorized and required to deliver unto the said Committee at Worcester-House, all such Muster-Books and MusterRolls as are remaining in his custody, whose Receipts for the same shall be unto the said Register a sufficient Discharge.

Committees Salary.; Assistant to the Surveyor-General.

And be it further Enacted, That the said Trustees be and are authorized to allow and appoint unto the said Committee for Accompts at Worcester-House, and to every of them, such Salaries and allowances as to the said Trustees, with the approbation of the Committee of Parliament for removing of Obstructions in the Sale of the said Lands, shall be thought fit, as well for their service, as for and towards their charge of Clerks and other necessaries, for the due performance of the said service; and likewise to allow and appoint such Salary as they shall think fit, with like approbation for an Assistant unto the Surveyor-General, appointed for the service aforesaid. Provided, That such allowance for an Assistant shall not exceed Fourscore pounds per annum, and shall not continue above the space of Two years: And the Treasurers in the said former Act named, are authorized and required to pay the said Salaries so to be appointed unto the said Committee and Assistant accordingly.

Muster-Rolls to be delivered to the Trustees.

And be it further Enacted by the authority aforesaid, That the Committee for the Army, and the Commissary for the Musters of the Army under the Conduct of Thomas Lord Fairfax, do forthwith deliver unto the said Trustees, such Muster-Rolls, Lists, Certificates and Duplicates of Debentures, as are in their or any of their custody, by which it may appear what persons were within the Establishment of the said Army the Twenty fourth day of December, One thousand six hundred forty and seven; and likewise what persons have their Accompts stated by Commissioners in the Countrey, and returned to the said Committee for the Army, in pursuance of an Ordinance of Parliament, bearing date the said Four and twentieth day of December, One thousand six hundred forty seven, to the end the said persons may have the benefit of the security intended them by the said former Act.

Arrears due in January 1647, provided for.

And whereas the Accompts for the Arrears due unto divers Officers and Soldiers, who were in the service of the Parliament in December and in January, One thousand six hundred forty and seven, are not yet fully audited, stated and confirmed, for paying and satisfying of which Arrears, security was given in the first recited Act, Be it Enacted and Declared by the authority aforesaid, That the Contractors for the Sale of the Lands in the said first recited Act mentioned and appointed to be sold for payment of Soldiers Arrears, shall have power, and are hereby author ized, upon testimony given them, that any Officer and Soldier who shall hereafter contract for any of the said Lands, and hath not then his or their Accompts fully audited, stated and confirmed, to give such further time for payment, or defalkation both of their first and second payment, as they shall think reasonable, not exceeding six moneths for the first payment or defalkation, and three moneths for the last, more then is allowed in the aforementioned Act to other persons.