ACT for Redress of the Complaints and grievances of the People, against Masters, Collectors, Officers and Soldiers, 5. of July 1649. THE Estates of Parliament taking into their serious consideration the manifold grievances and complaints within the Kingdom against Masters, for oppressing their Tenants in outreiks of horse and foot, payment of the monthly Maintenance, and in Quartering, as also against Officers and Soldiers, and Collectors of moneys for their disorderly carriage and unjust dealing. For remedy and redress herein, they do Statute and Ordain, I. That the several Presbyteries send in to the Committee of Estates, a list of nine or ten understanding and conscientious men, that upon consideration thereof, and such other Information as shall be given to the Committee of Estates concerning these or any other persons, they may make choice of five or six, to employ in that trust, and any three of them to have power to do and put in execution all things within the bounds of each Presbytery, which are referred to them by this Parliament, and that all grievances and complaints for wrongs done since the first of October last, or which shall be committed in time coming, being such as are by this Act referred to them by the Parliament, shall be presented to the said persons so nominated and chosen, and that the person first nominated in the Commission, shall conveen the rest at their first meeting, and take their oaths for the faithful discharge of their duty, and then the next in Commission shall take his Oath; and that thereafter they meet at such times and places as they shall think fit, That they shall have power to conveen all persons interessed within the bounds of the Presbytery before them, to take the Oaths of parties, and to examine witness upon Oath, when they shall see it needful, and that all Officers and Soldiers shall be assistant to them upon their direction for executing the power committed to them. II. That in all Levies of horse, the Tenant shall only furnish a sufficient man, and shall be free of all charge and expense whatsomever, unless they be rentallers or others, who have lands set unto them under the known worth and value, in which case, the Commissioners of each Presbytery to be chosen as aforesaid, shall have power to determine what shall be the proportion of the rentaller or others aforesaid, according to the ease they have of the land under the known value; Consideration being had what the tenant gave to the master at his entry to the lands together with the yearly duty and service; And that no rentaller, nor other aforesaid, shall be liable to the payment of any part of the said Levy, but upon decreet of the Commissioners aforesaid, & that the heritors in the interim put forth the Levy; It being always understood, that where rentallers are already valued, distinct from the heritors by the Comissioneres appointed for the valuation of the shire that they shall pay conform to their valuation III. That in the Levies of foot the master shall find arms, and pay the advance or loan money, and that the tenant shall only find a sufficient man, and shall give unto him that shall go forth the sum appointed by act of Parliament to be given by tenants, unless they be rentallers or others before mentioned, in which case, the said Commissioners shall determine as aforesaid what shall be their proportion. iv That no master shall for benefit, spleen or private revenge, put forth any tenant of senyant in Levies, but that where there is any such complaint, the Commissioners aforesaid shall Judge of the fitness of the person. V That the Monethlie maintenance shall only be paid by the master, and the tenant to be free, unless they be rentallers or others as aforesaid, in which case, the Commissioners are to determine their proportions as is before expressed. VI That all quarterings, whether local or transeunt shallbe allowed in payment of the Monthly maintenance in manner following, viz. that the master, or such as have power from the master to do his affairs, shall deliver to the Collector a certificate, subscribed by two of the Commissioners aforesaid, that he hath allowed to his tenants the said quarterings (which are also to be instructed according to the Act of Parliament) in their mail or yearly rent and duty, and given them discharge for the same, before he get allowance of the quarterings in payment of the monthly maintenance, & that the Collector deliver the said certificate to the General Commissary; Or in case the master refuse to give the said certificate to the Collector, that then the collector bring two of the Commissioners certificate of the master his refusal, and if the Collector shall fail herein, that then he make account to the General Commissarie, for the whole monthly maintenance, without any deduction for quarterings, and that the Commissioners take care that the masteres so refussing do allow the said quarterings to the tenant in their mail and duties. VII And because quarterings upon particular persons, may exceed their proportion of the monthly maintenance, It is therefore statute and ordained, that the Collector of every shire shall make payment to all such persons as shall be so overburdened with quarterings out of the monthly maintenance of the shire, at the direction of the committee of war; And if the whole monthly maintenance of any shire shallbe exhausted, that then the general Commissary shall make payment to them for the said quarterings out of the monthly maintenance of other shires whose maintenance is not exhausted by quarterings. And in case any master shall thrall his tenants, and force them to lay out any moneys in levyes otherwise then according to the directions of the Parliament, or being desired, shall not allow them the maintenance when they have been necessitated to pay the same for their masters, or quarterings, not exceeding the Maintenance, The Estates of Parliament do Declare, that upon probation thereof before the said Commissioners (the master for so doing shall beside restitution to the tenant) pay as much to the Commissioners for the use of the public. VIII. That where tenants have not concurred in james graham's rebellion, or been accessory to the late unlawful Engagement against England, or the late Rebellion in the north, but have suffered therein, effectual course be taken for their ease and relief, that it be not in their master's power to oppress and destroy them; And that the losses of all such tenants as have suffered for their affection (there masters being guilty of any of the Crimes aforesaid) be cognosced and tried before the said Commissioners, and what allowance and deduction shall be discerned by them, to be retained from their aforesaid masters (guilty as said is) shall be a sufficient exoneration and discharge to them of the nails and duties pro tanto, and is to be so allowed by all and whatsoever Judges before whom the said duties are to be pursued. And that the master be not permitted to pursue them for these duties before their own Courts, and if the master shall do otherwise, the tenant to have repetition pro tanto, provided, that nothing herein contained, shall extend to infringe any capitulation approven by Parliament. IX. That all Collectors of moneys within shires have testificats of their honesty and fidelity from the Presbytery, and subcollectors from the sessions where they live. X That no Collectors shall quarter soldiers upon any for difficencie in payment of public deuce, unless there be intimation given six days before to the Precedent, or in his absence, to any two of the Committee of war of the shire & to the party deficient; And that no officer shall quarter soldiers upon any for their deficiency in payment of public deuce, unless they have ane warrant for the same, under the Collectors hand, or have order from the Committee of Estates or General Commissarie: And if any collector or officer do otherways, that he shall be cashiered and removed. XI That if any Collector shall exact more from any master or tenant, than the just proportion, or shall cause them make twice payment of the same sum, that he shall pay the double thereof to the persons whom he hath so wronged, and not only be removed from his office, but shallbe declared incapable of any trust hereafter; likeas if any Collector shall refuse to allow quarterings from the first of this month, being rightly instructed, and within the monthly maintenance he shall be punished in the same manner, and this is without prejudice of the Act of Parliament for relief of preceding quarterings. XII That if any officer or soldier shall exact money by paction or otherways from any master or tenant to Burgh or land beside their pay, viz. in time coming twelve pence for the trooper, and six pence for the foot soldier, or shall plunder any goods, that he shall repay the double unto them, forfeit all his arrears to the public, be cashiered with disgrace, and declared incapable of any trust hereafter, and shall be further punished according to the Articles of war. XIII That in case any officer or soldier, shall force master or tenant to Burgh or land, to give him a discharge when he hath paid no money, or less, than his quarterings extend to, or shall offer any violence against Master or tenant, by beating them or otherways, the same Punishment shall be inflicted on him. XIIII. That if any officer or Soldier shall in the place of the country where they quarter, wilfully thrust his horse into corns, or meddews which use to be mown yearlie, or where there is young planting, that they shall forfeit a month's means: And if any officer or soldier shall at his own hand presume to take any man's horse for riding or any other use, the officer or soldier so doing, shall pay the price of the horse to the owner, and also forfeit ane months means. XV. That if any troop, or Company, or part thereof shall quarter in any place, and their removal, shall neither pay compleatlie for their quarters, nor leave a ticker (which they are to do without demanding any money for the same) or shall leave a ticket for a shorter time than they did quarter, that there shall be detained of the officeres pay, who had the charge of that troop or company upon the place, the double of what shall be found due for the quarter, and in case the officers pay be not sufficient to defray what shallbe so restand, that the remainder thereof shall be defalked out of the soldiers pay, and given to the party on whom they did quarter. XVI. That no troop nor Company shall in their transcient quarters stay above one night in a place, and that the horse shall march at least fifteen miles, and the foot ten miles, except upon the Lord's day or otherways, that the double of every night's quarter shallbe allowed out of their pay to these upon whom they quarter, unless there shall be an evident necessity or order from a General Officer. XVII That to prevent the abuse of officers and soldiers in demanding extraordinary fare, their pay be delivered to them, at the end of every fourteen days (or sooner if they remove) by the shire, or collector of the shire where they are quartered, and that they shall pay ready money for whatsoever they take for themselves, their horse, and the servants of Commanders, at the ordinary rates of these places where they are quartered, without extortion, and if any officer or soldier, receiving their pay as aforesaid shall do otherways, that they shall forfeit a month's means for the first fault, and if after complaint made, they shall continue so to do, that they shall be cashiered. XVIII That all persons who have furnished quarter to any troop, or Company, or part thereof, without payment either upon or without billet, that they instruct the same before the Committees of the respective shires where they dwell, by the said billets, & where the soldier hath not left billets, to instruct the same, according to the acts of Parliament for allowing of quarters by two of the Commit of war, each month's quartering before the tenth of the subsequent month, to the end, that each Company troop or regiment may be truly charged with what they have received, and so much of their pay discompted to them, and accordingly allowed in the monthly maintenance. XIX That no quarter be allowed to women or pedies attending upon troops or companies, and that all officers be careful to see this duly observed, and in case they shall fail herein, that they shall forfeit a month's means. XX That the Commissioners aforesaid have power to hear & determine all questions & differences that have arisen betwixt masters & tenants since the first of October, or shall arise in time coming concerning the out-reikes of horse and foot, the payment of the maintenance, and touching quarterings according to the directions of the Parliament before expressed. XXI That the said Commissioners do likeways certify to the Committee of Estates, the names of all such masters as have oppressed their tenants in any time bypast in the outreiks of horse and foot, payment of the maintenance, or in quarterings, or have any ways made benefiet to themselves therein contrary to former Acts of Parliament, or who shall hereafter wrong their tenants contrary to the present directions of Parliament, and shall send therewith the proofs of the said wrongs so committed to the end the said's persons may be fined and censured as the Committee of Estates shall find there faults to deserve. XXII That when any complaint shall be made to the Commissioners aforesaid against collectors for their transgressing the orders and directions of the Parliament, that the Commissioners shall call the parties beforethem, and after exact trial, represent the whole matter to the Committee of Estates, and send the depositions and proofs therewith, that the Committee may take speedy course for redress of all just grievances. XXIII That when any complaint shall be made to them against any officer or soldier for transgressing the orders and directions of the Parliament, if after trial of he matter, it shall appear to them to be a just grievance, that then they represent the same to the chief officer that is upon the place, and desire reparation, and if there be no officer on the place above him against whom the Complaint is made, that then they desire himself to make reparation, and if in any of the cases aforesaid reparation and satisfaction shall not be speedily given, that then the Commissioners certify the whole matter to the Committee of Estates, & send the depositions and prooffs of the particular crimes and faults, that the parties wronged may be repaired, and the parties offending may receive condign punishment, and that the officer denying or delaying to repair the wrong, shall for the first fault forfeit a month's means, and shall be cashiered for the second. XXIIII That these presents be Printed, and sent to the respective Presbyteries within the Kingdom speedily, that they may send in a list of persons to the Committee of Estates as is before expressed, and that these presents be likeways read in all Parish Churches. Arch. Johnstoun.