Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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[28 May, 1649.]
Soldiers arrears considered.; The Accompts of Officers and Soldiers forthwith to be stated.; By whom the Accompts shall be taken.
The Commons of England assembled in Parliament, taking into consideration the Arrears of pay to Officers and Soldiers now in their service in this Nation, within the Establishment for England or Ireland, due for their service in any Army, or Garison, or under any General or Commander in the service of the Parliament within this Nation (other then in the late new Model under the now Lord Fairfax) and being resolved to have their Accompts for such services forthwith examined and stated, and Debenters, with visible security given for such Arrears (as well as for those under the said new Model, which are already provided for) and considering, that the said Officers and Soldiers, being many of them engaged for the service of Ireland, and the rest attending daily service within this Nation, cannot without prejudice to the publique, leave their Charges or Colours, to prosecute and perfect severally the stating of their accompts before the Committees or Commissioners authorized for stating the accompts of the Soldiery; and also considering the delay that would be to the dispatch thereof in any other way then as hereafter followeth, Do therefore Enact and Ordain, and be it Enacted and Ordained by this present Parliament, and by authority thereof, That the Accompts of the said Officers and Soldiers, for any such Arrears as aforesaid (not stated and certified heretofore by Order or Direction of Parliament) shall be forthwith taken, examined, stated and certified by the several persons, and in the maner and form hereafter expressed; that is to say, For the Forces formed in Regiments, the Field-Officers of the respective Regiments, or any one of them, with the respective Captains or chief Officers present of their several Troops or Companies, shall take, examine, and state the said Accompts, and certifie the said Arrears of the inferior Officers and Soldiers of the several Troops or Companies under them respectively; and for the Captains, or present chief Officers of the several Troops and Companies, and the Staff-Officers of such of the said Regiments as are designed, and do engage to go for Ireland, the respective Field-Officers, or any two of them, shall take, examine, and state their Accompts, and certifie their said Arrears; and the Colonels shall do the like for the Field-Officers under them of their respective Regiments: And for such Officers, and others of the Train of Artillery as go for Ireland, the Lieutenant General, and Comptroller of the Train, shall examine and state their said accompts, and certifie their said arrears; and for such of the General Officers and Staff-Officers of the Army as go for Ireland, the Lord General, or such other persons as he shall appoint and intrust for that purpose, shall examine and state their said accompts, and the Lord General shall certifie their said arrears; But for such of the said Forces as go not for Ireland, the said accompts of all the Captains, or present chief Officers of the several Troops and Companies, and of the Field and Staff-Officers of the several Regiments, as also of the Train-Officers, and the General Officers, and Staff-Officers of the Army, and also the accompts of the Colonels of those Regiments that go for Ireland, shall be taken, examined and stated, and Debenters shall be given them for their said arrears by the Committee for the Army, or by such other persons as are or shall be by them, or otherwise by authority of Parliament appointed thereunto.
Certificate from a Superior Officer.; Oath that the Certificate is true.
And for the more certain and effectual performance of this work, Be it further Enacted by the authority aforesaid, That every person claiming any such arrears as aforesaid, and desiring to have his accompts stated, and certified for the same, shall produce for every such arrear so claimed respectively, a Certificate under the Hand and Seal of his Captain or Lieutenant, or some other CommissionOfficer superior to himself, or (in case of Service in particular Counties) then under the hands of two or more of that Committee, under whom he pretends such arrear became due respectively, expressing in what Troop or Company, and of what Regiment, or in what Garison or County, and for what space of time, and in what year or years of our Lord such his Service was, and to the best of their knowledge what pay be received for the same, or what remained due to him in arrear at his discharge; and also shall make Oath, that he hath not used, nor is privy to any fraud, deceit, or indirect dealing, in or for the framing or procuring of such Certificate, and that to the best of his knowledge such Certificate is true and just; and that he hath not otherwise had his Accompts stated, or any other Debenter given before for the same Arrear so claimed, other then what he shall then produce, acknowledge and deliver in to the said Officers; And he shall also upon the same Oath, discover whether he or any other for him to his knowledge, hath at any time received any moneys, or any thing else since his discharge from that service, toward satisfaction of the Arrears claimed thereupon, and how much hath been so received; and in the same Oath he shall also discover, whether he hath at any time received any other money or goods, for or under pretence of the publique service, for which to his best knowledge or remembrance he ought to be, and yet remaineth accomptable to the State, and for such money or goods (if he hath not already accompted) he shall then discharge himself by a true accompt; to the truth of which accompt, he shall make oath in such form as hereafter followeth; viz.
I A. B. do swear, That the Accompt by me given in at this time is true and just, to the best of my knowledge and remembrance, and that therein I have not wittingly concealed any money or goods, which to my best remembrance I have received or taken for the use of the Parliament or Commonwealth, for which I am justly accomptable to the State; neither have I to my best remembrance wilfully imbezelled, or to my private use or benefit converted any such money or goods received by me for the use of the publique, and for which I stand accomptable as aforesaid, other then such, or to such value as I have charged my self within my said Accompt. So help me God.
How to proceed when Certificates cannot be had.; Field-Officers to administer an Oath.
And such Certificates, together with such Oathes of the parties producing the same, and claiming arrears thereupon as aforesaid, shall be a sufficient ground for the Officers and others authorized as aforesaid, to proceed upon in the stating of all and every the said accompts respectively, and in the certifying of the arrears thereupon as is hereafter directed: And because it may possibly fall out in some cases, that such certificates as aforesaid cannot be had or produced, by reason of the death of some, or refusal of other Officers from whom such certificates should be had, or by their being disabled to make such Certificates, either through their defection from the Parliaments Cause, or their departure and absence out of the Land, or else by reason of the loss of Muster-Rolls or Certificates through the many casualties of War; in such cases the FieldOfficers, and others intrusted with the stating of accompts as aforesaid respectively, after strict enquiry into the truth of the matter, and taking the Oath of the party concerned, that his case is such; and after examination of him, or any other upon Oath, to what other circumstances they shall think fit to satisfie themselves, that the case is such, shall or may admit the Oath of the party, and (if he be engaged for Ireland) of one witness, or otherwise of two lawful witnesses, taken either before the said Officers themselves, or before any Justice of Peace or Committee, and from him or them certified concerning the time of such parties Service in any Garison or other Army then the said new Model; and concerning the arrear due to him for the same, as a sufficient evidence to proceed upon, and state his accompts, and certifie his arrears for the same, the party himself making Oath also to such other questions and things concerning the truth of his accompt, as is afore in other cases directed. And for the better discovery of the truth in or concerning any such accompts as aforesaid, the said Field-Officers, and others intrusted in this service, are hereby authorized to administer an Oath or Oathes to all and every person and persons, with whom they shall have to do, in relation to the stating of any the accompts in all such cases, and concerni such matters or things where any Oath is required or directed as afore said: and all Officers of War, Mustermasters, Secretaries, Auditors. Treasurers, Accomptants, and other persons whatsoever, that now have, or formerly had relation to the affairs of the late Wars, are hereby required, upon request of any Officer or Soldier concerned, and addressing himself to them, or upon request under the hands of any the said Field-Officers or others intrusted as aforesaid, shall testifie under their Hands and Seals according to their best knowledge, any thing within their cognizance that may further or conduce to the better ascertaining of the said accompts, or any of them.
Accompts to be stated severally,; with' defalkation of free-quarter.; An Ordinance of 24 December 1647.; Lists to be made of Soldiers names whose accompts are stated,; and sent up to the Committee for the Army.; Debenters to be given.
And it is further Enacted by the authority aforesaid, That after the said accompts or any of them so taken and examined as aforesaid the respective Field-Officers, and others intrusted therewith, shall state the said Accompts severally, making deductions for what the respective accompts shall appear to be chargeable with, towards satisfaction of the several arrears so claimed; and also defalkation for Free-quarter, according to the Instructions prescribed by Ordinance of Parliament, bearing date the 24 of December 1647. and shall thereupon make computation of what remaineth in arrear to any such Officer or Soldier, for any such service as aforesaid, severally; and upon and according to the accompts so stated, shall make a list or lists of the names of the several Officers and Soldiers, whose accomps they have so stated, viz. One list of such as were in actual service in the same Troop or Company, at the time of disbanding supernumeraries in the year 1647. another of such as were in service at the same time, in any other Troop or Company (if there be any such) expressing in what Troop or Company and Regiment any of them then were; and another list of such as were not in actual service at that time, but now are (if any such be) and in each list expressing upon every mans name, for the arrear of every or any such service, claimed as aforesaid severally, what Army or Garison, and in whose Troop or Company, and of what Regiment (if it were in Regiment) and in what capacity, and for what space of time, and in what year or years of our Lord such service was in, the sum of pay due for the same, what pay he received in that service before his discharge, what other deductions are to be made for Free-quarter or otherwise, and what clear arrear remaineth due thereupon respectively; and the list or lists so made, shall certifie under their hands and seals, and the same sealed up together; as also the several Certificates, Accompts, Oathes, Examinations and other Evidences whereupon the same were grounded (being filed together in order, and sealed up) shall return and send by the hands of some Commissioned Officer or Officers under their respective commands, unto the Committee for the Army, or else to such other Committee, Commissioners or Trustees, as before return of the said lists and accompts, shall by authority of Parliament be appointed and intrusted to receive the same; who according to the computations in the said lists (looking into them, that they be not mistaken, and that the defalkations for Free-quarter be duly made, according to the said instructions) shall give Debenters for the said clear Arrears to every such Officer and Soldier respectively (in such form as the Committee for the Army have used for others, or as by the authority aforesaid shall before the said returns be further appointed) which shall be good in Law, as Obligations of the Commonwealth, and be satisfied out of the securities assigned, or to be further setled for the same by the Parliament.
No Soldier cashiered to have any benefit by this Act,
Provided always, That no Officer or Soldier who hath been cashered by sentence of a Court of War, and was by such sentence to lose his Arrears, shall have any benefit by this Act, or of any security given for such Arrears.
nor those who have deserted their Colours.
Provided also, That none who have deserted their Colours in that Service for which they claim any such arrear, without license and due discharge from some Commission-Officer under whom they served respectively, shall have any benefit of this Act, or of any security as to the Arrears claimed in that particular Service.
or have revolted.
And it is also Provided and Enacted by the authority aforesaid, That no Officer or Soldier whatsoever, who have revolted from the Parliament, and turned to the Enemy, or after any disbanding or discharge from the Parliaments Service, went to serve the Enemy against the Parliament, shall have any benefit of this Act, or of any security at all for any their arrears, but shall wholly lose the same.
No Certificate to be accepted from a cashiered or revolted Officer.
Provided also, That no Certificate from any Officer that hath been cashiered for false Musters, Plundering the Countrey, or any cozenage to the State, or that hath revolted from the Parliament, and engaged in the Enemies Service after he had served the Parliament, shall be accepted as sufficient evidence for any Arrear claimed thereupon, unless the Certificate were made before such cashiering or revolt.
The penalty for making or procuring a false Certificate or Oath
Provided also, and it is further Enacted, That if any Officer or Soldier shall make, procure, or wittingly produce a false Certificate or Oath concerning his service or arrears in the stating thereof as aforesaid, to the prejudice of the Commonwealth, upon discovery and due conviction thereof, every such offender shall not onely forfeit all his arrears (if any remain due to him at the time of the discovery) but shall also be lyable to imprisonment and sequestration of his Estate, to the use of the Commonwealth.
Garison Soldiers accounts to be audited.
Provided also, That the Accompts for the Officers and Soldiers of such Forces as are now in Garison, and were not part of the marching Army in the said new Model; and also the accompts of such other forces not in Garison, as were raised and imployed by any Committee, for the service of particular Counties, and not taken into the general Establishment before the fifteenth of January, 1647. shall (for their service before their taking into the general Establishment) be audited, stated and certified as aforesaid, by the Committees of the several counties wherein such Garisons lie, or for the Service whereof such Forces were first raised respectively, as by the Parliament hath been formerly appointed, and not by their Officers, as in this Act is provided, except such of the said Forces as are now appointed and do engage for Ireland, whose accompts shall be stated and certified by their respective Officers as before in this Act is directed.
Arrears due since 15 Jan. 1647.
Provided also, That no Accompts of any the Forces aforesaid within the Establishment made in the year 1647 for any arrears growing due since the 15 of January, 1647. or since their taking into the said Establishment, shall be otherwise stated or certified then by the Committee for the Army, or such as they shall intrust and imploy, who are likewise to state all accompts, and certifie all arrears for Service within the said new Model before the said Fifteenth of January, One thousand six hundred forty seven.