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.