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A92617 Three acts of the Committee of Estates of the Kingdom of Scotland; the first, for providing maintenance for the soldiers to be kept up within that kingdom; and for preventing their taking of free-quarter. The second, for appointing a sub-committee for the managing the affairs of the treasury, comptrolary, collectory and exchequer of that kingdom. The third, for summoning all those who are accessory to the late engagement against England, to compier before the Estates of Parliament of the fourth of January next, 1649.; Acts. 1648-11. Scotland.; Scotland. Parliament. Committee of Estates. 1648 (1648) Wing S1349; Thomason E470_21; ESTC R205664 5,978 15

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Argyle the Earl of Cassils the Lord Balmirinoth the Lord Burghly the Lord Advocate Lord Toses Scotscraig Libberton the Provost of Edenburgh Sir Iohn Smith Robert Lochart George Gairns or any seven of them there being one of every Estate as a Sub-Committee in their name to meet and use all possible means to search and try out the true condition of the Affairs of the Treasury Comtrolary Collectory and Exchequer and thereby to learn what hath been gotten in received and what hath been disbursed and how to whom and for what And likewise to know what was owing to the Exchequer on the first day of September last and by whom And what is owing by the Exchequer and to whom and for what That they may make ane full report of the true condition thereof with their opinion anent the abuses and the best remedies thereof unto the Committee of Estates that they may take course thereanent as they shall see cause and necessity to require And to this effect the Committee grants their full power and Commission to the Sub-Committee aforesaid or any seven of them to call for and peruse the Records and Books or Accompts belonging to the Exchequer or any Officer thereof as also to call and convene before them any Member or Officer of the Exchequer or any of their Clerks Receivers Customers or Collectors and to call from them ane full Accompt and exact Declaration of their knowledge in any of the particulars aforesaid or any other thing relating thereunto and this under their Hand writ with their offer to verifie the same by their Oath if the Sub-Committee shall finde it necessary to require the same With power likewise to them to cite and convene before them and to examine any other persons whom they shall finde necessary to be convened and examined for the tryal of the particulars aforesaid Like as the Committee gives them hereby full power and warrant to advise on the best way of setting the Customs at the best avail and to report their opinion to the Committee that the same may be timously setled and to the end there may be no confusion of compts nor anticipation of payment from them that are owing to the Exchequer for satisfying of Pensions or Precepts to evil affected persons in this interim Therefore the Committee dischargeth the Earl of Craford-Lindsey Sir Iames Carmichael Sir William Lochart Adam Blair or any other Officer or Receiver of the Exchequer from all intrometting with any of the Kings Rents or Customs from all giving out any warrants precepts or payments thereanent or holding of Exchequers passing of Signators taking up of moneys from the Customers the King or Prince their tenants or vassals or any other way medling in the exercise of their places since the date of the Agreement at Edinburgh and Sterlin unto the time that the Parliament give warrant thereanent during which time they are suspended from the exercise of their places Like as the Committee dischargeth all Sub-collectors and under Receivers or any of the Kings Lieges to pay any of the Dues or Rents or Customs or Casualties of the King into any of the aforesaid Officers or unto any other person by vertue of their Precept Warrant or Allowance And withal the Committee doth hereby declare That all Signators Precepts Discharges Allowances or other Warrants whatsoever that hath or shall be granted by the persons aforesaid and all payments made unto them or to any other by their warrant by any of the Sub-collectors or other Leiges whatsoever since the date of the agreement aforesaid at Sterlin and Edinburgh are null and of none effect either to the receiver or givers so that both they who have received them shall be lyable to refound the same and these who have payed them shall be found lyable to pay the same over again to such as shall have warrant from the Committe or Parliament as also they shall be lyable to what Censure the Committee shall think fit for their disobedience of this publique Order Like as the Committee appoints the Customers the Tenants of the Kings Propriety and Principality to come or send to the Sub-committe at Edinburgh an Accompt of their condition with the Exchequer and to make payment of what is due to such as the Committee or Parliament shall appoint And to the end none may pretend ignorance hereof The Committee appoints this to be proclaimed at the Market Cross of Edinburgh and other places needful and to be published in Print Tho Henderson Edinburgh 27 October 1648. VVHereas it is the special duty and priviledge of Parliament to settle and preserve the Government and Peace of the Kingdom to keep the Judicatories thereof free from corruption and preserve the Union betwixt the Kingdoms and that the expediency and necessity of frequent meetings of Parliament for the good of the Kingdom especially in troublesome times is known to all and that now after so many great distractions and alterations the Kings Majesty and the Honorable Houses of the Parliament of England are now upon a Treaty wherein Religion the King and the good and Peace of the Kingdom are so neerly concerned in all which the interest of this Kingdom can be best settled and secured by the Wisdom and Authority of the Parliament Like as by the late Treaty at Edinburgh and Stirlin it is agreed on That all Civil questions and differences whatsoever be referred to the determination of a Parliament to sit down before the tenth of January next and in regard of the Clause contained in the Commission to the Committee of Estates giving them power to call a meeting of the Estates of Parliament the whole persons of the Committee within the Kingdom being warned Therefore the Committee of Estates having warned duly by Letters all these that are now of their number and being frequently convened they think fit to call Like as they do hereby appoint and call a meeting of the Estates of Parliament to sit down at Edinburgh the fourth of January next to come the year of God 1649. and Ordains the several Shires and Burghs to send thereto Commissioners qualified according to the Acts of the Two and twentieth of September and fourth of October and doth hereby warn all Members of Parliament Noblemen Commissioners of Shires and Burghs who are free of the faults contained in the foresaid Acts to meet and convene at Edinburgh in Parliament on the day aforesaid without any other or further warning or premonition to be made for that effect but onely the Proclamation and Publication of this present Act and that in place of all other Solemnities and Formalities And whereas the corruption of Judicatories of this Kingdom and Officers of Estate and other persons in Publike Trust hath been the cause and fountain from whence our former evils hath proceeded And whereas by our Solemn acknowledgement agreed on by Church and State we are bound to God by our Engagement to England we are bound to them
THREE ACTS OF THE Committee of Estates OF The Kingdom of Scotland The first For providing Maintenance for the Soldiers to be kept up within that Kingdom and for preventing their taking of Free-quarter The second For appointing a Sub-Committee for the managing the Affairs of the Treasury Comptrolary Collectory and Exchequer of that Kingdom The third For Summoning all those who are accessory to the late Engagement against England to Compier before the Estates of Parliament the fourth of January next 1649. Edenburgh Printed by Evan Tyler and Reprinted at London by John Field Novemb. 9. 1648. Edinburgh 20 October 1648. THe Committee of Estates considering how necessary it is that some orderly course be taken how the Forces to be kept up within this Kingdom may be entertained by the publike with as little burthen as may be to the Countrey Have therefore thought fit that a proportionable part of the maintenance due by the Shires shall be particularly assigned to each Regiment or Troop for their entertainment And for that end the Committee appoints the maintenance due out of the Shires of _____ to be allowed for entertainment of the Regiment or Troop which should consist of _____ And to the effect that neither the Publike be prejudged by paying more Soldiers then actually they have on foot and that the Soldiers also want none of their due The Committee Ordains That there be a Muster of the several Regiments and Troops and upon attestation from the Muster-Master of their particular numbers that the General Commissary and his Deputies accordingly give out particular assignations upon so much of the maintenance of the Shires aforesaid as will fall due for their entertainment for the space of one moneth and after the expiring of that time the Muster-Master shall take new tryal of the number of the Soldiers and the Collectors shall also try whether they have lifted more nor was assigned and give attestation thereof upon report whereof the General Commissary is to renew Orders for their assignations according to the number attested and where there is more lifted nor was assigned he is to give assignations for no more nor what shall be found then due the whole intromission being compted And the Committee also is to take course for the ease and reparation of the Shires so oppressed and burthened And the General Commissary hath hereby power and direction to renew Orders for assignations every moneth from time to time in maner above expressed until he be discharged by the Committee of Estates And to the end the Soldiers may be the more orderly paid and the Countrey people kept from oppression the Committee appoints the maintenance assigned to any Regiment or Troop to be lifted up in maner after following viz. That the Officer of the Regiment or Troop shall intimate this their Assignment received from the General Commissary unto the Committee of War in the Shire or Shires respectively and unto the Collectors thereof and desire them to advance in moneys or give them surety for the paying to them the first fortnights pay from the time of their entry set down in their locality And that the Committee of War by some of their number or others or by their Collectors will give them Band for to advance unto them the first day of every fortnight thereafter their fortnights means which if the Committee of War by themselves their Collectors or others binde for and perform the Committee of Estates doth absolutely discharge any Officer or Soldier belonging to that Regiment or Troop to take any Free quarter within that shire but seeing they are orderly paid by the Shire they shall orderly pay for whatsoever they take with certification that if upon complaint verified to the Officers he do not make reparation of the wrong and condignly punish the Offender the Officer shall be cashiered with infamy and be obliged to satisfie the party Like as the COMMITTEE Ordains the Officers of that Regiment or Troop having that locality to furnish what assistance shall be craved by the Committee of War or by these who are bound for them that they may exact what is due by any deficient for their relief with allowance of Free quarter to these who are bound to this service so imployed by them upon the deficient his Lands until he be payed But upon the other party if the Committee of War in the Shires after this intimation made by the Officers shall refuse to give surety by themselves or their Collectors or by some others in this orderly way to advance a fortnights means from fortnight to fortnight or if giving the security they shall fail in the performance In these cases the Committee of Estates gives power and warrant to the Officers of that Regiment or Troop for to appoint any of themselves or any other they think fit to lift up the maintenance due by the bonds assigned to them and for to have Free-quarter upon all such deficients as will not advance unto them or give them surety for to pay duly their maintenance the first day of every fortnight until they get satisfaction therein but withal absolutely dischargeth them to trouble any or Quarter upon any who thus advanceth or secureth to them what is their due to be payed at the beginning of every fortnight And Ordains this to be published at the Market Cross of Edenburgh and other places needful and also to be Printed THO HENDERSON Edenburgh October 20. 1648. THe Committee of Estates taking into their consideration that by the late agreement at Edenburgh and Stirlin and by their Acts of the 22. of Sep. and the fourth of October last and by their engagement to the Kingdom of England that all those who have been accessory to the late engagement or who have joyned in Arms or Counsel with the Earls of Crawford Lanerick George Monro and were Abetters or Assisters to them should forbear all exercise of their places or trust and that the most part of the Members of the Exchequer or Officers belonging thereto are notoriously known to have been accessory to the said Engagement or hath joyned in Arms or Counsel as is aforesaid and considering that the Government of the Affairs of this Kingdom is now lying upon the Committee as it is now constitute consisting of these who disassented from the Engagement and how great and many prejudices thereunto will fall out if in this interim they did not take care to see the Exchequer and the Kings revenues and customs kept from confusion and dilapidation And that the King be not defrauded of his revenues casualties and customs nor the same perverted or imployed to wrong uses but for the good of the King and Kingdom And withal considering how necessary it is that the Customs be rightly set and that what further is necessary to be done upon the tryal of the true condition of the Affairs of the Exchequer may be timously gone about Therefore the Committee appoints the Lord Chancellor the Lord Marquess of