‘HONI SOIT QUI MALY PENSE’ ‘DIEV ET MON DROIT’

ACT Against false Musters and free Quarters, and anent due Paying of Their Majesties Forces.

OUR SOVERAIGN LORD and LADY, the King and Queens Majesties, and the Estates of Parliament, taking to their Consideration, that it will contribute much to Their Majesties Service, that all Fraud and Deceit in making of false Musters, be obviated & prevented, & that the Pay destinat and appointed to the Souldiers be not kept up by their Officers and others, intrusted with the pay­ment of the Souldiers, but that their Pay be effectually given them. Therefore, the King and Queens Majesties and Estates of Parliament, Statutes and Ordains, that if any Person, Officer, or other of Their Majesties Forces, as well in Castles and Garrisons as Others, shall make, or give, or procure to be made or given, or make use of any false or untrue Certificat, thereby to excuse any Souldiers for their absence from any Muster or other Service, which they ought to attend or perform, upon a pretence of sickness or other cause, that then every Person so making, gi­ving, or procuring such Certificats, shall be fyned for every such offence, in the Sum of one thousand Merks, the one half to Their Majesties use, and the other half to the Informer, and if he be an Officer that contraveens, he, beside the fine of one thousand Merks, shall be Cashiered and Displaced, and shall be Incapa­ble of any Military Office or Imployment within this Kingdom, and every Officer that shall make any false or untrue Muster of Man or Horse, and every Com­missary, Muster-master, and other Officer, that shall allow or sign the Muster-roll, wherein such false Musters is contained, shall be Cashiered and loss their Of­fice, and shall be Incapable of any Military Office or Imployment, within this Kingdom, and shall likewise, be fyned in the Sum of one thousand Merks, the one half to Their Majesties use, and the other half to the Informer, and for the more effectual preventing of false Musters, Statutes and Ordains, that every Commis­sary or Muster-master, upon any Muster to be made, shall be obliged, to give notice a convenient time before, to the Magistrats of the Burghs, or Sheriffs of the Shyres, or their Deputs, or Baillies of Royalty or Regality, or their Deputs, or Stewarts of Stewartries, or their Deputs, within whose Jurisdictions the Muster is to be made, and the Magistrats of the Burgh, in case the Muster be to [Page 2]be made within a Burgh, and the Sheriff or their Deputs, when the Muster is to be made within a Sheriffdom, and the Baillie of the Regality or his Deputs, when the Muster is to be made within a Regality, and the Stewart of the Stewartries or their Deputs, when the Musters is to be made within a Stewartry, to be present at every such Muster, and give their utmost Assistance, for the discovering of any false or untrue Muster, and every Commissary or Muster-master, that shall ne­glect to give notice as said is, or shall refuse to take the Assistance of the Magi­strats of Burghs, when the Muster is made within a Burgh, or of the Sheriffs, Baillies of Regalities and Royalties, and Stewarts, or their Deputs, when the Muster is made within their respective Jurisdictions, the Commissary or Muster-master so offending, shall loss his Office, and be fined in the Sum of one thousand Merks, the one half to Their Majesties use, and the other half to the Informer, and no Mu­ster-roll shall be allowed, unless the same be signed by the Magistrat of the Burgh, or Sheriff of the Shyre, or Baillies of Regalities and Royalties, or Stewarts or their Deputs, within whose Jurisdictions the Muster is made, and if any person shall be falsly mustered, or offer himself falsly and deceitfully to be mustered, upon Certificat thereof under the hand of the Muster-master, or chief Magistrat of the place, who shall be present at the mustering, he shall be Imprisoned for the space of a Moneth, & shall have his right ear cut off; & if any Person shall wittingly & wil­lingly, lend or furnish a Horse to be mustered, which shall not truly belong to the Trooper, or Dragooner, or Troop mustered, the said Horse so falsly mustered, shall be Forefaulted to the Informer, if the Horse doth belong to the Person, Lending or Furnishing; and if the Horse do not belong to the Lender or Furnisher, he shall be fined in the Sum of five hundred Merks, to be payed to the Informer, and if he be an Officer that Lendeth or Furnisheth a Horse to be mustered, which doth not truly belong to the Trooper or Dragooner mustered, e­very such Officer so offending, shall be fined in the Sum of five hundred Merks, to be payed to the Informer, which shall be payed out of the Arrears of the said Officers Pay, by the Order of the Court-martial to the Pay-master, if the said Of­ficer shall have any Arrears due to him; and if there shall be no Arrears due to the said Officer, the Court Martial shall immediatly give Order, to seize the Goods of the said Officer, and sell them for payment of the Fyne, which is to be given to the Informer, the Superplus that is more than pays the said Fyne, being alwise restored to the Owner; and if the Officer so offending, shall have no Goods, that then he shall be committed to Prison, there to remain for the space of six Mo­neths, and the Court Martial shall discharge the Informer, if he be a Souldier, from any further Service, if he demand the same, and if any Pay-master, or Clerk of any Regiment, Troop, or Company, shall detain and withhold by the space of a Moneth, the pay of any Officer or Souldier, (Cloaths and all other just Al­lowances being deduced,) after the Pay shall be received; or if any Officer having received their Souldiers Pay, shall refuse to pay every common Souldier their res­pective Pay, when it shall become due, the Pay-master, Clerk, or Officer so of­fending, shall loss his Office or Imployment, and shall be fined in two thousand Merks, to be payed to the Informer, and to be raised in manner foresaid, and shall be Incapable of any Office or Imployment, Civil or Military within this Kingdom, and the Informer, if a Souldier, shall be discharged of any further Service, if he demand the same. And it is further Statute & Ordained, that the commanding Officer of every Troop or Company, at the time of Muster, shall bring in a Cetificat signed of the number of such Persons, as are sick, or have leave to absent upon Foreloffs, and of such as are dead and deserted since the last Muster, with the days of their deaths or desertions; and if such Certificats shall prove false, the Officer signing such a Certificat, shall be lyable to the same pain, as in the case of false Musters: As also it is Provided, that if any Officer, Commissary, or Muster-master, shall Muster any person that is a Servant, or receives Wages from any Officer, or that shall attend any Officer as a Servant, in the absence of the said Officer from his [Page 3]Quarters, or shall Muster any person by a wrong Name, the said Officer, Com­missary, or Muster-master shall be punished as in the case of false Musters. And it is further Statute and Ordained, that no Pay-master of the Army, Commis­sary, or Muster-master, or their Deputs and Servants, shall receive any Fees, or make any Deductions whatsomever out of the Pay of any Officer or Souldier, other then the usual Deductions for Cloathing, under the Pain of being punished as in the case of false Musters; and it is Declared, that the Pay-master of the Ar­my, Commissary, or Muster-master, shall be lyable to the same Pain and Punish­ment in case of Contravention, by their Deputs and Servants, as if they had done it themselves; and as the Officers and Souldiers should be effectually payed, and not defrauded of their due Pay, so it is just and reasonable that they pay the Coun­trey, and not be allowed to exact free Quarter where they come. Therefore, and for freeing the Country of other Abuses and Disorders in use to be Committed by the Souldiers, The King and Queens Majesties, and the Estates of Parliament, Ratifies, Approves and Confirms an Act of Privy Council, of the date the four­teenth day of February last, one thousand six hundred ninety three, anent the Or­dering of the payment of Provisions for the Forces, and Redressing Abuses commit­ted by them, in the whole Heads, Tenors and Contents thereof; and Ordains the same to take full effect, and to be put to further execution, of the which Act the Tenor follows, William and Mary, by the Grace of GOD, King and Queen of Great-Brittain, France and Ireland, Defenders of the Faith, To

Macers of Our Privy Council, Messengers at Arms, Our Sheriffs in that part, conjunctly and severally, specially Constitute, Greeting. Foras­much as by divers Laws and Acts of Parliament made by Our Royal Predecessors, all free Quartering of Souldiers in transient or local Quarters, and all Localities for furnishing or carrying Corn, Straw, Hay, or Grass to Souldiers Horses, is expresly Prohibited and Discharged; and by an Establishment under Our Royal Hand, there being Measures laid down, and Fonds appropriat for the exact and punctual payment of the standing Forces and Garisons within this Our antient Kingdom, and a Com­missary appointed for making due and regular Provisions of Corn, Straw and Grass, for the Horses and Dragoons presently under Our Pay, and in Our Service with­in this Our antient Kingdom, by ready Money, or otherwise as he can best Bargain with any of Our Leidges for their Corn, Straw and Grass: Whereby the Abuses heretofore done and committed upon any of Our Leidges, by the Illegal exacting Locality or free Quarter, may be Remeeded and Prevented, and all Mens meat, and Horse-meat furnished to any Officers or Souldiers in Our Service within this Our antient Kingdom, duely payed. And We considering how necessary it is, that all Our good Subjects should know by whom, and in what manner they are to be payed for all Provisions of Corn, Straw and Grass, for Horses, and Meat and Drink to be furnished to Our Officers and Souldiers, by them or any of them; and that all Officers and Souldiers within this Our said antient Kingdom may go­vern and regulat themselves, and the Troops under their Command accordingly, as they will be answerable. We with Advice of the Lords of Our Privy Coun­cil, Require and Command the Commissary-General, appointed and received by the Lords of Our Thesaury, to make due and timeous Provisions of Oats, Straw and Grass, for all Horse and Dragoons at present under Our Pay, and in Our Ser­vice within this Our antient Kingdom, in their respective, transient and local Quarters: And that the same may be more orderly and effectually done, We Require and Command all Our Officers, who command the said Troops, to give timely Notice to the said Commissary of their Removal to, and from local Quar­ters, and of the Rout appointed for their March in transient Quarters, that Pro­visions may be ready accordingly. And in case any Parties be called to March u­pon sudden Commands, which may not be fit to impart to the Commissary: Then We with Advice foresaid, strictly Charge and Require the Commanders of the several Parties, to buy with ready Money the Oats, Straw and Grass, necessary [Page 4]for their Horses, as any other of Our Leidges is in use to do, and what he shall de­purse or expend thereon: We hereby Require and Command Our said Commis­sary to refound and repay the same. And We with Advice of Our Privy Council, do hereby Require and Command Our Commissary-General by himself, or fit Per­sons imployed and intrusted by him, to attend at the Magazines which shall be pro­vided for Our Troops at their respective Quarters, two Hours each Day, viz. betwixt ten and twelve in the Forenoon, at the least to attend the two Hours above-named upon one or moe days of each Week, such as shall be particularly a­greed upon betwixt the Commissary and the Officers, to the effect, the Provisi­ons may be given out by the Commissary, and received by the Officers or Soul­diers timeously, and without Disorder or Confusion, and hereby all Officers and Souldiers are peremptorly Prohibited and Discharged to offer any Injury or A­buse to Our said Commissary or his Deputs, as they will be answerable at their highest Peril. And sicklike, We with Advice foresaid, peremptorly Require and Command the Officer Commanding in Cheif, in any place of local or transient Quarters, to see the whole Meat and Drink furnished to the Souldiers and Offi­cers under his Command, by the Land-Lords of their Quarters, exactly and com­pleatly payed at the ordinary Rates of the Countrey: And in case there shall be any Exaction or Discharge of free Quarters extorted, or Abatement exacted below the ordinary Rates, or any other Abuse Committed; We with Advice foresaid, Re­quire and Command the Commanding-Officer there for the time, to make pay­ment by ready Money for the whole Souldiers and Officers on the place in their lo­cal Quarters, once every Week at farthest, and transient Quarters before re­moveal, if they stay a shorter time than a Week, under the pain of Casheiring and breaking the said Commanding Officer, upon Complaint of his transgressing the Premisses, to be made the Party injured to Our Privy Council, or to the Sheriff, or his Deput, Bailie of Regality, or his Deput, Stewart of the Stewar­try, or his Deput, or any two Commissioners of Supply of the Bounds and Shire, where the saids Abuses and Injuries are done and committed, whom or either of whom: We with Advice foresaid, Require and Command, to receive the saids Complaints, and transmit the same to the Clerks of Our Privy Council, within ten days after any such Complaints shall be made to them, under the pain of being lyable to repair the Party injured themselves, and which Complaints, We with Advice foresaid, appoint to be pursued by our Advocat and Sollicitor upon the publick Charge. And in case any privat Party shall think fit to pur­sue the samine themselves, We hereby Require and Command the Expences that shall be laid out by them; In Prosecution thereof, to be Repayed and Re­imbursed to them by the Lords of Our Thesaury, als well as the Expences to be laid out by Our Sollicitor, all which are to be retained and deduced by the saids Lords of Our Thesaury, out of the Officers Pay, against whom the said Complaint is made and verified. And in case any inferiour Officer in Transient or Local Quarters, shall Transgress any of the Premisses; We hereby Require and Com­mand the commanding Officer, upon Complaint made to him and proven, in­stantly to pay the Complainer what shall be due to him, and if the Person com­plained on, be an uncommissionat Officer, the said Commander is instantly to break and Casheir him, and if he be a Commissionat-officer, who shall so Trans­gress; We with Advice foresaid, Require the said Commanding-officer, to Sus­pend him in the mean time, and immediatly to Represent the same to Our Privy Council, that they may give Orders for Breaking and Casheiring the Officer transgressing, providing the Complaints for not payment of Local-quarters, or committing any of the Abuses foresaid therein, be made to the said Comman­ding-officer, within eight days after a weeks Quarters are resting, or any other Abuses committed, and in Transient-quarters; before the Parties removeal, with certification, if payment be not craved; or Complaints made within the time foresaid, the Commanding-officer shall be free, but prejudice to the Land-lords [Page 5]and others, to seek their Payment and Reparation from the Persons Debitors therein, or Committers thereof, by all other legal means, and it shall be suffi­cient evidence, that the Commanding-officer has been complained to, and requi­red to make payment of Provisions furnished to Souldiers, Men, and Horses un­der his Command, or redress Abuses committed by them, if the same be made to him, in presence of a Magistrat within Burgh, a Justice of Peace or two Wit­nesses. And We with Advice foresaid, do Declare, that no Discharges, shall be sufficient for exonering the Souldiers and Officers; and instructing the payment of their Quarters, unless they be Subscribed by the Master of the Ground, or his Chamberlain, or the Officer of the Ground before two Witnesses, or a Magi­strat within. Burgh. And for preventing of a common Abuse done and committed upon our Leiges, by Souldiers and Officers, in their marches Pressing and Sea­sing upon Horses, for their own privat Use and Service. We with Advice fore­said, do strictly Prohibit and Discharge all pressing or seasing upon Horses by any Officer or Souldier, for their own particular and privat Service, under the pain of a moneths Pay, to be retained (upon complaint to be made and instructed as aforesaid) off the Officer who commands, and where Horses are necessary for carrying Artillary, Amunition, or Provision, or any other use of the Army, in the Towns, or in the Countrey, that the same be imployed and made use of, by order of the Commander of the Party, and of the Magistrats of the Burghs joint­ly; If the Horses be furnished within Burgh: And by the said Commander, and any one of the Commissioners of Supply within the Shire, where the Horses are furnished and made use of in Landwart. And We with Advice foresaid, con­form to the third Act, Parliament One Thousand six Hundred and Eightie one, ordain that there be payed for each day, that the saids Horses shall Travel, three shilling Scots for each two miles to the Man and Horse, and each day that they do not Travel, six shilling Scots to the Man, and as much for the Horse, the Man being obliged to provide himself and the Horse, which shall be payed by the Magistrats of the Burgh: if the Horses be taken within a Town, or if in the Countrey, by the Collector of the Supply in the Shire, who are to be Repayed thereof, or to have the same allowed to them by the Receiver-general. And that the Horses necessary to be made use of, and imployed for the Service, and use of our Forces above expressed, may be the more Regularly and Equally proportioned and provided: We with Advice foresaid, Require and Command the Magistrats within Burghs, and Commissioners of Supply, and Justices of Peace in Landwart, to cause provide from time to time a competent number of Horses, within their respective Bounds, for the Service of our Forces, and uses foresaids, as they will be answerable at their Peril. And We with Advice fore­said, Prohibit and Discharge any Officer or Soldier to Sease upon, or Press any Horses, without the concourse of the Persons above-named, or to detain them longer than one days March at farthest; but to restore and give back the saids Horses, imployed in the manner foresaid in good case, under the pain of a months Pay to be retained in manner foresaid, off the Officer who shall be found to con­traveen the Premisses, besides the payment of the Price of the Horse to the Fur­nisher, as the same shall be instructed before the Bailies within Burgh, Sheriffs, Stewarts, Bailies of Regalities, or Deputs, or Justices of Peace in the Countrey. And to the end, Our Royal Pleasure in the Premisses, may be made publick and known. OUR WILL IS, and We Charge you strictly and Command, that incontinent these Our Letters seen, ye pass to the Merkat Cross of Edinburgh, and all other Mercat Crosses of the Head-burghs of this Kingdom, als well Royalty as Regalitie and Stewartrie, and other places needful, and there in Our Name and Authority, by open Proclamation, make publication of the Premisses: And likewise, that all Our Forces as well as our Leidges, may have notice hereof. We do Require and Command, these presents to be publictly read, at the Head of every Troop, and Company of our standing Forces, that none may pretend [Page 6]ignorance. Given under Our Signet at Edinburgh, the fourteenth day of Fe­bruary, and of Our Reign the fourth year, one thousand six hundred and ninety three. With this Addition, that in the case of either local or transient Quar­ters; if any Officer, or Souldier shall not make due payment, conform to the said Act of Privy Council, of what they take on in their Quarters, or shall commit any Abuses in their Quarters, it shall be lawful and leisum to the Land-lord, upon whom the Souldier was quartered, to instruct before a Justice of Peace, or a Com­missioner of Excise and Assessment, Magistrat of Burgh, or the next Neighbour­ing Heretor, by Witness, or the Oath of the Party lesed, what was taken on by the Officers or Souldiers, or what Damages were done by them in their Quarters; which being instructed, and liquidat as said is, the Justice of Peace, and Com­missioner of Excise and Assessment, Magistrat of Burgh, or the Neighbouring Heretor, before whom the Value of the said Quartering or Damage shall be in­structed & liquidat, shall be holden & obliged to give the Land-lord, upon whom the Officer or Souldier were quartered; a Declaration bearing the value of the Quartering and Damages sustained: And Ordains the Collector of the Shire to give Allowance of the same to the Land-lord, out of the fore-end of his Cess or Excise; & that the Collector of the Shire shall have allowance thereof from the Ge­neral Receiver: And in case the Land-lord be a Tennent, or other person that is nei­ther lyable for Cess or Excise; In this Case, the Heretor of the Ground shall have al­lowance of the same, out of the fore-end of his Cess or Excise, due and payable by him, to the effect that the Tennent may get payment thereof. And Ordains the Collectors of the Cess and Excise, to give allowance to the Land-lord, or He­retor of the Ground of the Sum that shall be contained in the said Declaration out of the fore-end of the Land-lord or Heretors Cess or Excise, and the Collectors are appointed to give account thereof to the General Commissary, or pay­master of the Army, that he may retain the same off the fore-end of the Officer or Soldiers Pay. And it is hereby declared, that if the Officer first applyed to, as is appointed by the foresaid Proclamation, shall not give Redress, then the Officers Pay shall be lyable as well as the Souldiers Pay, and the Collector and General Re­ceiver shall give allowance accordingly, and the Collector and General Receiver, are ordained to give the said allowance, under the pain of Deprivation, by and attour the resounding of the Damage of the Partie lesed. And Ordains this Act to be publickly read upon the head of every Regiment, Troop, or Company, eve­ry time the same is mustered, that due Obedience may be given thereto.

Extracted forth of the Records of Parliament, by TARBAT. Cls. Registri.
God save King VVilliam and Queen Mary.

Edinburgh, Printed by the Heir of Andrew Anderson, Printer to their most Excellent Majesties, Anno 1693.

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