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 Freequarter. 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 accessary to the late Engagement against England, to Compier before the Estates of Parliament the fourth of January next, 1649. Edinburgh, 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 public, with as little burden as may be to the Country; 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 Public 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 month, and after the expiring of that time, the Muster-Master shall take new trial 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 counted: And the Committee also is to take course for the ease and reparation of the Shires so oppressed and burdened; And the General Commissary hath hereby power and direction to renew Orders for assignations every month, from time to time in manner 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 Country people kept from oppression, the Committee appoints the maintenance assigned to any Regiment or Troop, to be lifted up in manner 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 fortnight's 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 fortnight's means, which if the Committee of War by themselves, their Collectors or others bind 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 satisfy 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 employed by them upon the deficient his Lands until he be paid: 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 fortnight's 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 Freequarter 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 paid at the beginning of every fortnight: And Ordains this to be published at the Market Cross of Edinburgh, and other places needful, and also to be Printed. THO: HENDERSON Edinburgh, October 20. 1648. THe Committee of Estates taking into their consideration, that by the late agreement at Edinburgh 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 accessary to the late engagement, or who have joined 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 accessary to the said Engagement, or hath joined 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 King's 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 employed 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 trial 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 Argyle, the Earl of Cassils', the Lord Balmirinothâ–ª the Lord Burghly, the Lord Advocate, Lord Toses, Scotscraig, Libberton, the Provost of Edinburgh, Sir john 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 Accounts 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 Account 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 verify the same by their Oath, if the Sub-Committee shall find 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 find necessary to be convened and examined for the trial 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 settled; and to the end there may be no confusion of counts, 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 james Carmichael, Sir William Lochart, Adam Blair, or any other Officer or Receiver of the Exchequer from all intrometting with any of the King's 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 meddling 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 subcollectors and under Receivers, or any of the King's Liege's to pay any of the Deuce, or Rents, or Customs, or Casualties of the King into any of the aforesaid Officers, or unto any other person by virtue 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 subcollectors or other Liege's 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 liable to refound the same, and these who have paid them, shall be found liable to pay the same over again to such as shall have warrant from the or Parliament, as also they shall be liable to what Censure the Committee shall think fit for their disobedience of this public Order; Like as the Committee appoints the Customers, the Tenants of the King's Propriety and Principality to come or send to the Sub-committe at Edinburgh, an Account 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. Whereas it is the special duty and privilege 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 King's Majesty and the Honourable 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 nearly 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 burgh's 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 burgh's, 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 only 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 Public 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, and by the forecited Acts and Public Declaration, we are obliged before the world to endeavour the Purgation and Reformation of our Judicatories and places of Public Trust; And forasmuch as the foresaid persons, and all who are in Public Trust, or liable to the judgement and censure of Parliament, for their proceeding in their several Places and Offices; Like as by the Agreement at Edinburgh and Sterlin, all such as have been employed in Public Place and Trust, and have been accessary to the late unlawful Engagement, should forbear the exercise of their Places in the mean time, and all questions are referred to the determination of the Parliament: And whereas by the said Treaty all those who have been accessary to the said Engagement, or challengeable for their said accession, at the least in so far as concerns their Places and Public Trust, and the debarring of them from any of these: Therefore the Committee of Estates doth hereby warn and cite all and every one of these who exercised any Office, Public Place or Trust, or who were Members or Clerks of any public Judicatory of whatsoever degree, quality or condition soever, in Burgh or Land within this Kingdom, and hath been accessary to the late Engagement, or are guilty of the faults mentioned in the Printed Acts of the Two and twentieth of September and fourth of October, to compier before the Estates of Parliament at Edinburgh on the fourth day of January next, to come in a peaceable way, accompanied only with their own Domestic servants, to hear and see the Parliament take such course as they in their Justice and Wisdom shall think fit, for purging of the Judicatories, and for declaring of their places vacant, and filling them with such as are able and qualified person's fittest for the service, and may give most contentment, and as hath continued constant to their Covenant and Cause in the time of trial, and for debarring them who are put out from any other Public Places or Trust during such time, and in such manner as the Estates of Parliament shall think fit, with certification to every one of the persons concerned as is abovesaid, and warned by this Public Proclamation (which the Committee of Estates Declares, That they find it a sufficient intimation in this our case of so great and public a backsliding to all persons concerned therein, for the effect aforesaid, to be esteemed by them equivalent to a personal citation at their dwelling Houses, upon particular summons against every one of them to compier before the Estates of Parliament, as is aforesaid, and compiereth not, that then the Estates will proceed both to determine the general question, and the particular concerning their places and trust, and take what further course they shall think fitting for the good of the Kingdom: Like as the Committee of Estates considering the present distractions of the times, and that the Parliament so nearly approacheth, they think fit to continue the down sitting of the Session until the Parliament give Order thereanent, and for the acceleration of Justice to the Liege's, the Committee of Estates Ordains the Clerks of Session, to give out Acts and Letters of continuation upon the first Summons within the ordinary time of the sitting of the Session, albeit they sit not; And that none may pretend ignorance of what is mentioned in this present Act, the Committee of Estates appoints it to be proclaimed at the Market Cross of Edinburgh, Pier and Shore of Leith, and to be Printed. THO: HENDERSON. FINIS.