Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
The Army in England, Wales, and Berwick upon Tweed, and the English Forces in Scotland, disbanded. Exception.
WHEREAS the people of this Kingdome lye under a great burthen and charge in the maintenance and payment of the present Army. Now to the end the same may be disbanded and the Country eased and the Officers and Souldiers who were in the Army [on (fn. 1) ] the five and twentyeth day of April One thousand six hundred sixty appearing by the Musters taken the seaventh of May following (being under God instrumentall in the just and happy restitution of his Majestye to the exercise of his government and the people to their lawes and libertyes) may be satisfied their just arreares Be it enacted by the Kings Most Excellent Majestye with the advice of the Lords and Commons in this present Parliament assembled and by the authoritie of the same that the said Army and all the respective Regiments Troops and Companies Officers and Souldiers whether in field or garrison within this kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede together with all the English Forces now in Scotland except such as are in the following rules excepted be with all convenient speede disbanded and discharged.
II. Commissioners named for the above Purpose.
And it is further enacted that his Royall Highnes the Duke of Yorke, The Duke of Albemarle The Lord Great Chamberlaine The Lord Steward The Earle of Leicester and The Lord Roberts, Sir Richard Browne Sir William Doyley John Birch William Prynne Edward King and Robert Scawen Esquiers or any three or more of them whereof one of the Commissioners named by the House of Lords and one of the Commissioners named by the House of Commons to be two shall be and are hereby constituted and appointed Commissioners for that purpose and shall act therin according to the rules orders and instructions hereafter exprest, or such other directions and rules as shall hereafter be made on that behalfe by the Lords and Commons in Parliament assembled,
III. The present Treasurers at War, and the Treasurers under c. 9. ante, to issue Money for the above Purpose.
And be it further enacted that the present Treasurers at War, The Treasurers named in one Act of this present Parliament entituled An Act for the speedy provision of money for disbanding and paying off the forces of this kingdome both by land and sea shall issue and pay such respective summe and summes of money as shall be appointed and directed by the said Commissioners or any three or more of them as aforesaid, and all other persons concerned in the rules and instructions hereby given, are to give obedience accordingly.
( (fn. 2) ) Rules Orders and Instructions for disbanding the Army.
As to the Manner of Commissioners proceeding.
I. The Commissioners hereby appointed for disbanding the Army and respective forces shall proceed therein in manner following (that is to say) the name of the Officer in cheife of each Regiment and Garrison within this Kingdome (except such as are hereafter excepted) shall be written in a paper which paper shall be close rolled and sealed up, and put into a glasse, and left with the Speaker of the House of Commons sitting the Parliament, or with the Lord Chancellour in the intervall of Parliament, and when the aforesaid Commissioners shall be ready to disband any the forces, they shall when the House of Commons is sitting, or in the intervall when his Majestyes Councell [is (fn. 3) ] sitting draw forth a certaine number of names not exceeding three and haveing there publiquely reade the names proceed forthwith to disband them, and soe from time to time untill the whole be disbanded, yet soe as foure Companyes in Hull, foure Companies in Berwicke and two Companyes in Carlisle of such as are now in the said Garrisons respectively, or such as shall be therunto appointed by the Kings Majestye be last disbanded.
As to Arrears of Pay.
2. All generall Officers [of the Army (fn. 4) ] who were in service the five and twentyeth of April One thousand six hundred( (fn. 5) ) sixty appearing by their Commissions, and all other Officers and Souldiers who were in service the five and twentyeth of April One thousand six hundred and sixty and are found upon the Muster Rolls taken the seaventh of May then next following and have not beene since discharged for refuseing to take the Oaths of alleigiance and supremacy shall have and receive upon their disbanding their just arreares from the fourteenth of March One thousand six hundred fifty eight defaulking for quarters by them oweing for such time for which arreares shall be to them due and payable before the said five and twentyeth of April or since.
As to the disbanding the Duke of York's Regiment and others.
3. That the Regiments of their Royall Highnesses the Dukes of Yorke and Gloucester and Lord Generalls Regiments of Horse and Foote shall be last disbanded except the foure companyes in Hull, the foure companyes in Berwicke and the two companyes in Carlisle aforesaid.
As to the disbanding Garrisons.
4. That all Garrisons within this Kingdome or Dominion of Wales and Towne of Berwicke upon Tweede and the Islands of Guernsey or Jersey shall be with all convenient speede in respect of their fortifications and walls and numbers of men putt into the same condition they were in, in the yeare one thousand six hundred thirty seaven, and the souldiers in them disbanded and discharged except such of them or any other as his Majestye shall thinke fitt otherwise to dispose and provide for at his owne charge.
As to continuing Troops in Scotland.
5. That if his Majestye shall thinke fitt to continue in Scotland three regiments of foote and one troope of horse of the English forces now there they are not to be paid and maintained at the charge of this kingdome.
Commissioners to send to Treasurers named in c. 9. ante, to certify to them what Monies are in Hand.
6. That the Commissioners by this Act appointed doe send to the Treasurers named in one Act of this present Parliament entituled (An Act for the speedy provision of money for disbanding and paying off the forces of this kingdome both by land and sea) who are hereby required from time to time to certifie the aforesaid Commissioners what moneyes remaines in their hands, or which they know to be in the hands of any Sheriffe or any Commissioners of the respective Countyes when the Commissioners for the disbanding the Army shall have occasion for it, and desire it.
Commissioners to direct Treasurers to grant Assignations for Monies on Sheriffs or Commissioners for raising Money by the aforesaid Act.
7. That the said Commissioners shall direct the said Treasurers from time to time to grant assignations (who are hereby required to give obedience thereunto) for such and soe many summes of money on the respective Sheriffes or Commissioners for raising money by the aforesaid Act in the severall Countyes Cittyes or places where they understand any of the said money lyes, [and (fn. 6) ] the Commissioners for disbanding the Army or any three or more of them as aforesaid shall direct and appoint to such persons and in such manner as the said Commissioners or any three or more of them as aforesaid shall direct and appoint.
Auditors of Accounts of Officers and Soldiers appointed, to take an Oath before entering upon Duty.; Form.; Commissioners may administer Oath.; On Accounts certified, Commissioners to issue Warrants for Payment.; Discharge to Treasurers.
8. That for the better stating of the accompts of the Officers and Souldiers of the Armies and Garrisons within this Kingdome of England and Dominion of Wales Arthur Sprey William Jessop Ralph Darnel Samuel Atkins Richard Kingdon and Bartholimew Fillingham Esquiers shall be and are hereby appointed constituted and authorized to audit and cast up the accompts of the aforesaid Armies and Garrisons and shall respectively before they enter thereon take an Oath in these words following (I doe sweare that to the best of my skill and judgement I shall examine and truely state all such accompts as shall be committed to my care and trust by the Commissioners for disbanding the Army or any three or more of them, and shall and will [make (fn. 7) ] to the best of my knowledge true certificates of all such accompts to the said Commissioners or any three of them, Soe helpe me God, which said Oath the Commissioners appointed for disbanding and pay of the Army or any three of them as aforesaid are hereby authorized to administer accordingly, which accompts soe certified by the said Auditors or any three of them, the said Commissioners or any three of them shall have power and authority, and are hereby authorized and impowered to issue out Warrants from time to time to the respective Treasurers aforesaid for the payment of the severall summes soe audited and due as aforesaid, which Warrants together with the acquittance or receipt of the persons to whom the same is payable therupon shall be to the said Treasurers respectively a sufficient warrant and discharge.
Directions to Auditor when it appears that Monies have been paid and not applied to any Muster, or taken up without Warrant, &c.
9. If it shall appeare upon the examining and stating the arreares of any Regiment Troope Company or Garrison that any moneyes have beene paid them by Warrant upon accompt, and not by such Warrant applyed to any Muster or taken up without warrant of the Assesments or any other publique moneyes that then and in all such cases the Auditors appointed by this Act or any three of them shall be and are hereby authorized and required to place such moneyes soe received (by warrant upon accompt or taken up without warrant) towards pay of all the Officers and souldiers of such Regiment Troope Company or Garrison upon such Musters as in course succeed the Musters upon which such Regiment Troope Company or Garrison was last paid and not otherwise, and in all other cases concerning the Musters or receiving any money therupon or transposeing altering modeling or reduceing of any Regiments Troops Companies or Souldiers, or where any doubt shall arise concerning the just arreares due to any Officer or Souldier the said Auditours shall state and reporte the case to the Commissioners for disbanding the Army, who, or any three or them as aforesaid are hereby authorized and impowered to sett downe and give such orders rules and directions as they shall judge reasonable and meet which orders rules and directions[the said Auditors (fn. 7) ] are hereby required and authorized to observe accordingly.
As to Auditors taking Security of Officers disbanded to pay Quarters owing.
10. That forasmuch as severall forces have since the second of July One thousand six hundred fifty nine taken free quarter in severall parts of this Kingdome and Dominion of Wales and severall Officers of the Army have borrowed money of severall townes parishes and places and of private persons for discharge of such quarters since that time which are yet unpaid, the Auditors aforesaid in that case shall receive the severall and respective obligations of such Officers who are now to be disbanded under their hands and seales to satisfie and pay upon demand the respective quarters or summes of money soe oweing, or such part as ought to be paid by any Officer or Souldier of any Regiment Troope or Company to whom any arreares are now paid.
As to Troops, Horse and Foot, delivering up their Arms.
11. That upon the disbanding of any part of the forces of this Kingdome, all foote Souldiers shall deliver up all their Armes (except swords) and the Horse shall deliver up their defensive Armes for his Majestyes service to such persons as shall be appointed by the Commissioners to receive the same who are hereby authorized and impowered to give such orders and directions for the delivering receiving portage and secureing of them, and in such manner as they shall thinke necessary, [and that noe private souldier (being disbanded) shall (after fourteene dayes from the time of his disbanding) ride or travell with any fire armes upon paine of losing his said Armes and of imprisonment dureing his Majestyes pleasure (fn. 8).]
As to Officers or Soldiers refusing to be disbanded; Penalty.
12. That if any Officer or Souldier hereby appointed to be disbanded shall refuse to give obedience therunto, or diswade others from disbanding he or they shall be forthwith secured by the Lord Generall, and forfeit their whole arreares and be proceeded against as Mutineers.
Officers making false Muster; Penalty.
13. That in case upon the Muster, hereafter to be taken in order to the disbanding of the Army, any Officer shall make any false Muster, or shall muster any souldier by a false name such Officer shall forfeit his or their
Officers making false Muster; Penalty.; As to Application of Monies issued.
14. That all moneyes that shall be issued after foureteene dayes pay appointed for present supply of the Army shall be onely for and towards the disbanding of the Army and other necessary charges therunto belonging, [except onely a fourth part of the money to be raised by the Poll Bill which shall be imployed to the paying off of the five and twenty Shipps come in from sea, and after for paying of such other shipps as the summes will further extend unto. (fn. 8).]
Present or late Commissary General of Musters to assist Auditors.
15. That the present or late Commissary Generall of Musters or their deputyes doe from time to time and as often as the Commissioners for disbanding the Army shall require it assist and attend the Auditors appointed by this Act in order to the drawing up and perfecting the accompts of arreares now to be stated, who are alsoe hereby required to bring in all, or any the Muster Rolls of the Army as they shall bee thereunto ordered by the Commissioners aforesaid.
Commissioners for disbanding Army may issue their Warrant for pay of Salaries, &c. to Auditors.; Discharge to Treasurers.
16. That the Commissioners for disbanding the Army or any three or more of them as aforesaid be and are hereby authorized and impowered out of any moneyes within the receipt of the respective Treasurers aforesaid to grant their Warrant or Warrants for pay of such salaries and Allowances to the aforesaid Auditors for their encouragement paines and charge in the affaire by this Act committed to their trust as shall by the said Commissioners for the disbanding the Army or any three of them as aforesaid be agreed and thought fitt: and the [Warrant (fn. 9) ] of the said Commissioners or any three of them as aforesaid for payment of the said Auditors or pay of any other the salaries and contingent charges in this Act mentioned together with the receipt of the person to whom the same is payable shall be to the said Treasurers respectively a sufficient Warrant and discharge.
Commissioners empowered to employ and pay Clerks, Accountants, &c. and to defray contingent Charges;
17. And the said Commissioners for the disbanding the Army or any three or more of them as aforesaid are hereby authorized and impowered to nominate appoint and imploy such Accomptants Clerks Agents Messengers and Servants and to make and [to (fn. 10) ] give unto them such Salaries Allowances and satisfactions as they shall thinke fitt, and to provide such Bookes Paper Inke Pens Wax Candles convenient houseroome and all other necessaries, and to give their Warrants for payment of any summe or summes of money for the uses aforesaid as they shall finde necessary, as alsoe for defraying of charges for portage of Arms and all other contingent charges relating to this service.
and may give Directions to Sheriffs, &c. to assist in disbanding the Army
18. That the Commissioners for disbanding the Army or any three of them as aforesaid shall and may give directions from time to time that all Sheriffes and all other his Majestyes Officers in every County be ayding and assisting to such person or persons as they shall imploy for disbanding of the Army and forces, and shall take care to see them truely mustered and paid off on the place, and their quarters satisfied.
Proviso for Captains, &c. who have served under General Monk, and have disbursed Money in Relief of Soldiers.
19. Provided alwayes that if any Captaine or other cheife Officer of any troope or company of the Army who was in service under the command of Generall Monk on the seaventh day of May One thousand six hundred and sixty and marched with him out of Scotland into England in January last shall by his Oath, which the said Commissioners or any three [or more (fn. 10) ] of them as aforesaid are hereby impowered to administer and by his pay booke make appeare that he hath disbursed any summe or summes of money for the releife of any souldier or souldiers of his Troope or Company before the seaventh day of May aforesaid, which souldier or souldiers are not capeable of receiving his or their arreares by the rules in this Act mentioned, then and in such case the Commissioners aforesaid for disbanding the Army or any three of them as aforesaid shall have full power, and are hereby required to pay or cause to be paid unto the said Captaine or cheife Officer as aforesaid such summe or summes of money soe by him disbursed as aforesaid, Any thing in this Act contained to the contrary notwithstanding, Provided that the Commissioners aforesaid doe not allow in the whole for such disbursements above the summe of eight thousand pounds.
Chief Officer of the Navy to deliver to Commissioners a List of 25 Ships intended to be discharged, and the Names of the Officers and Men
[20. That the cheife Officer of His Majestyes Navy doe with all convenient speede deliver in unto the Commissioners appointed for disbanding the Army a List of the names of the twenty five ships now in the River which are intended to be discharged with a perticular accompt of the moneyes due to every ship, and the names of the Officers and sea men to whom it is due, to the end that soe soone as any competent summe of money shall be received that is hereby appointed for that service, the said ships may be paid off and discharged accordingly.
Directions to Commissioners as to paying off the said Ships.
21. That the Commissioners for disbanding the Army or any three of them as aforesaid soe soone as they shall finde soe much money to be in cash appointed for the Navy as will pay off and discharge one or more of the aforesaid Ships, shall appoint a short day for that purpose and give notice thereof to the cheife Officers of his Majestyes Navy who are to attend that service and pay off and discharge upon the place such ship or ships in the presence and by the consent of any two or more of the Commissioners appointed for disbanding the Army who are to take an accompt of the money soe issued, and all charges relating to that service and present the same fairely written in a booke together with the accompt of moneyes paid for disbanding [of (fn. 10) ] the Army to this or the next succeeding Parliament.
Treasurers under c. 9. ante, and c. 20. post, to issue Money for the Discharge of the said Ships.; Commissioners to issue Warrant for such Monies.
22. That the Treasurers for the money ariseing by one Act of Parliament (entituled An Act for the speedy provision of money for disbanding and paying off the forces of this Kingdome both by land and sea) and for the money ariseing upon one other Act for two moneths assesment, (intituled An Act for raiseing seavenscore thousand pounds for the compleat disbanding of the whole Army and paying off some part of the Navy) are hereby required to [issue & (fn. 11) ] pay from time to time such summe and summes of money, and to such person or persons for the discharge of the shipps aforesaid and such others as the money therunto appointed will extend unto, as they shall by warrant under the hands of any three or more of the Commissioners as aforesaid for disbanding the Army be appointed and directed, which Warrant or Warrants the said Commissioners for disbanding the Army or any three of them as aforesaid are hereby authorized and impowered (as they shall see cause) to grant accordingly.
Allowance to Commissioners of Id. in the Pound on Monies issued.
23. That the Commissioners nominated by the House of Commons (that is to say) Sir William Doyly, Sir Richard Browne, John Birch Edward King William Prynn and Robert Scawen Esquiers shall have and receive for their charge in and about this service one penny in the pound and noe more out of all such moneyes as shall be issued by vertue of this Act, and for the uses therein exprest, which the Treasurers for the aforesaid moneyes are hereby enabled and required to issue and pay accordingly. (fn. 12) ]