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A74311 An act for the present examining and stating the accompts of the officers and soldiers now in the Parliaments service within this nation. Die Lunæ 28 Maii, 1649. Ordered by the Commons assembled in Parliament, that this act be forthwith printed and published. Hen: Scobell, Cleric. Parliament'.; Laws, etc. 1649 England and Wales. 1649 (1649) Thomason E1060_33; ESTC R208607 5,535 12

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AN ACT For the present examining and stating the ACCOMPTS OF THE Officers and Soldiers NOW In the Parliaments Service within this Nation Die Lunae 28 Maii 1649. ORdered by the Commons assembled in Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliament ' London Printed for Edward Husband Printer to the Honorable House of Commons and are to be sold at his Shop in Fleetstreet at the Sign of the Golden-Dragon near the Inner-Temple May 31. 1649. AN ACT FOR The present Examining and Stating the Accompts of the Officers and Soldiers now in the Parliaments service within this NATION 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 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 Commission-Officer 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 Counties 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 he 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 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 accompatble 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 with in my said Accompt So help me God 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 Field-Officers 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 Iustice 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 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 concerning such matters or things where any Oath is required or directed as aforesaid and all Officers of War Muster masters Secretaries Auditors Treasurers accomptants 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 hand of any the 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 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 seveal 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 accompts 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 Commission-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 Provided always that no Officer or Soldier who hath been cashiered 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 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 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 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 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 only 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 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 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 15th 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 Die Lunae 28 Maii 1649. ORdered by the Commons assembled in Parliament That this Act be forthwith printed and published Hen Scobell Cleric ' Parliament '