HONI SOIT QUI MALY PENSE DIEV ET MON DROIT  royal blazon or coat of arms ACT Against false Musters and free Quarters, and anent due Paying of Their Majesty's Forces.  
At Edinburgh, the ninth of May 1693.  
OUR SOVEREIGN LORD and LADY, the King and Queen's Majesties, and the Estates of Parliament, taking to their Consideration, that it will contribute much to Their Majesty's Service, that all Fraud and Deceit in making of false Musters, be obviated & prevented, & that the Pay destinat and appointed to the Soldiers be not kept up by their Officers and others, entrusted with the payment of the Soldiers, but that their Pay be effectually given them. Therefore, the King and Queen's Majesties and Estates of Parliament, Statutes and Ordains, that if any Person, Officer, or other of Their Majesty's 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 Certificate, thereby to excuse any Soldiers 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 Marks, the one half to Their Majesty's use, and the other half to the Informer, and if he be an Officer that contraveens, he, beside the fine of one thousand Marks, shall be Cashiered and Displaced, and shall be Incapable of any Military Office or Employment 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 Musterroll, wherein such false Musters is contained, shall be Cashiered and loss their Office, and shall be Incapable of any Military Office or Employment, within this Kingdom, and shall likewise, be fyned in the Sum of one thousand Marks, the one half to Their Majesty's 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 Magistrates of the burgh's, or Sheriffs of the Shires, or their Deputs, or Bailies 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 Magistrates of the Burgh, in case the Muster be to be made within a Burgh, and the Sheriff or their Deputs, when the Muster is to be made within a Sheriffdom, and the bailie 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 Magistrates of burgh's, when the Muster is made within a Burgh, or of the Sheriffs, Bailies 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 Marks, the one half to Their Majesty's use, and the other half to the Informer, and no Musterroll shall be allowed, unless the same be signed by the Magistrate of the Burgh, or Sheriff of the Shire, or Bailies of Regalities and Royalties, or Stewarts or their Deputs, within whose Jurisdictions the Muster is made, and if any person shall be falsely mustered, or offer himself falsely and deceitfully to be mustered, upon Certificate thereof under the hand of the Muster-master, or chief Magistrate of the place, who shall be present at the mustering, he shall be Imprisoned for the space of a Month, & 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 falsely 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 Marks, to be paid to the Informer, and if he be an Officer that Dareth 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 Marks, to be paid to the Informer, which shall be paid out of the Arrears of the said Officers Pay, by the Order of the Court-martial to the Paymaster, 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 immediately give Order, to seize the Goods of the said Officer, and sell them for payment of the Fine, which is to be given to the Informer, the Superplus that is more than pays the said Fine, 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 Months, and the Court Martial shall discharge the Informer, if he be a Soldier, from any further Service, if he demand the same, and if any Paymaster, or Clerk of any Regiment, Troop, or Company, shall detain and withhold by the space of a Month, the pay of any Officer or Soldier, ( and all other just Allowances being deduced,) after the Pay shall be received; or if any Officer having received their Soldiers Pay, shall refuse to pay every common Soldier their respective Pay, when it shall become due, the Paymaster, Clerk, or Officer so offending, shall loss his Office or Employment, and shall be fined in two thousand Marks, to be paid to the Informer, and to be raised in manner foresaid, and shall be Incapable of any Office or Employment, Civil or Military within this Kingdom, and the Informer, if a Soldier, 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 Certificate, shall be liable 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 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 Paymaster 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 Soldier, other than the usual Deductions for Clothing, under the Pain of being punished as in the case of false Musters; and it is Declared, that the Paymaster of the Army, Commissary, or Muster-master, shall be liable 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 Soldiers should be effectually paid, and not defrauded of their due Pay, so it is just and reasonable that they pay the Country, 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 Soldiers, The King and Queen's 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 Soldiers in transient or local Quarters, and all Localities for furnishing or carrying Corn, Straw, Hay, or Grass to Soldier's Horses, is expressly Prohibited and Discharged; and by an Establishment under Our Royal Hand, there being Measures laid down, and Fonds appropriate for the exact and punctual payment of the standing Forces and Garrisons within this Our ancient 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 ancient Kingdom, by ready Money, or otherwise as he can best Bargain with any of Our lieges for their Corn, Straw and Grass: Whereby the Abuses heretofore done and committed upon any of Our lieges, by the Illegal exacting Locality or free Quarter, may be Remeeded and Prevented, and all men's meat, and Horse-meat furnished to any Officers or Soldiers in Our Service within this Our ancient Kingdom, duly paid. And We considering how necessary it is, that all Our good Subjects should know by whom, and in what manner they are to be paid for all Provisions of Corn, Straw and Grass, for Horses, and Meat and Drink to be furnished to Our Officers and Soldiers, by them or any of them; and that all Officers and Soldiers within this Our said ancient 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 ancient 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 for their Horses, as any other of Our lieges 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 employed and entrusted 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  upon one or more 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 Soldiers timeously, and without Disorder or Confusion, and hereby all Officers and Soldiers 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 Chief, in any place of local or transient Quarters, to see the whole Meat and Drink furnished to the Soldiers and Officers under his Command, by the Landlords of their Quarters, exactly and completely paid at the ordinary Rates of the Country: 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 Soldiers and Officers on the place in their local Quarters, once every Week at farthest, and transient Quarters before removal, 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 Premises, 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 said's Abuses and Injuries are done and committed, whom or either of whom: We with Advice foresaid, Require and Command, to receive the said's 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 liable to repair the Party injured themselves, and which Complaints, We with Advice foresaid, appoint to be pursued by our Advocate and Solicitor upon the public Charge. And in case any private Party shall think fit to pursue the 'samine themselves, We hereby Require and Command the Expenses that shall be laid out by them; In Prosecution thereof, to be Repaid and Reimbursed to them by the Lords of Our Thesaury, als well as the Expenses to be laid out by Our Solicitor, 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 inferior Officer in Transient or Local Quarters, shall Transgress any of the Premises; 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 Cashier 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 immediately 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 week's Quarters are resting, or any other Abuses committed, and in Transient-quarters; before the Parties removal, with certification, if payment be not craved; or Complaints made within the time foresaid, the Commanding-officer shall be free, but prejudice to the Landlords and others, to seek their Payment and Reparation from the Persons Debtors 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 Soldiers, Men, and Horses under his Command, or redress Abuses committed by them, if the same be made to him, in presence of a Magistrate 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 Soldiers 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 Magistrate within. Burgh. And for preventing of a common Abuse done and committed upon our Liege's, by Soldiers and Officers, in their marches Pressing and Seizing upon Horses, for their own private Use and Service. We with Advice foresaid, do strictly Prohibit and Discharge all pressing or seizing upon Horses by any Officer or Soldier, for their own particular and private Service, under the pain of a months 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 Artillery, Ammunition, or Provision, or any other use of the Army, in the Towns, or in the Country, that the same be employed and made use of, by order of the Commander of the Party, and of the Magistrates of the burgh's 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 Eighty one, ordain that there be paid for each day, that the said's 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 paid by the Magistrates of the Burgh: if the Horses be taken within a Town, or if in the Country, by the Collector of the Supply in the Shire, who are to be Repaid thereof, or to have the same allowed to them by the Receiver-general. And that the Horses necessary to be made use of, and employed 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 Magistrates within burgh's, 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 Seize upon, or Press any Horses, without the concourse of the Persons , or to detain them longer than one days March at farthest; but to restore and give back the saids Horses, employed 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 Premises, 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 Country. And to the end, Our Royal Pleasure in the Premises, may be made public 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 Regality and Stewartrie, and other places needful, and there in Our Name and Authority, by open Proclamation, make publication of the Premises: And likewise, that all Our Forces as well as our lieges, may have notice hereof. We do Require and Command, these presents to be publicly read, at the Head of every Troop, and Company of our standing Forces, that none may pretend 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 Soldier 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 Landlord, upon whom the Soldier was quartered, to instruct before a Justice of Peace, or a Commissioner of Excise and Assessment, Magistrate of Burgh, or the next Neighbouring Heretor, by Witness, or the Oath of the Party lesed, what was taken on by the Officers or Soldiers, 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, Magistrate 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 Landlord, upon whom the Officer or Soldier 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 Landlord, 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 Landlord be a Tennent, or other person that is neither liable 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 Landlord, or Heretor of the Ground of the Sum that shall be contained in the said Declaration out of the fore-end of the Landlord 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 applied to, as is appointed by the foresaid Proclamation, shall not give Redress, than the Officers Pay shall be liable as well as the Soldiers 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 Party lesed. And Ordains this Act to be publicly 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 William and Queen Mary.   

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