[1645/11/110]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the fifth session of this first triennial parliament, have ordained and ordain that those who have only been present at the battle of Philiphaugh with the rebels, or who have received and exercised commissions, or received and executed orders for promoting the service of the rebels, or persuaded and compelled others to rise with them, or have assessed shires, persons or burghs, or have raised or forced men in the shires to rise and have carried them along to the said battle, whose persons the parliament or their committees has not nor shall not think fit to process to death, be fined by payment of so many years' rent as shall not be within four nor less than six years of that rent, leaving the latitude thereof to the parliament or their committee to be dispensed with as they shall think fit after consideration of the former carriage of the party. With power to the parliament or committee of estates after finding by exact trial made by the said parliament or committee that the party delinquent is burdened with extraordinary debt (that is to say when the third part of his rent is exhausted by payment of annualrents upon the delinquents' supplication, payment being first made of the three parts of the fine) to mitigate the fourth part of the fine or so much thereof as the committee shall think fit and so forth proportionally for the other two subsequent classes underwritten. It is always hereby declared that there shall be no mitigation of the aforesaid fourth part unless the three parts be fully satisfied at the terms of payment to be appointed for that effect. And it is declared that those who have been sentenced or fined or confined by the parliament or their committees for acting, plotting, consulting or corresponding with the enemy since the act of oblivion in 1641 against the public in this cause and has now been relapsed therein or has joined with the rebels in former battles or parties are not included under the compass of this act, but shall be remitted to the parliament's determination or their committees, and this over and above any personal punishment to be enjoined by parliament or committees of parliament by confining, banishment or imprisonment.
2. That those who have put out horse or foot or have furnished arms or ammunition for the assistance of the rebels by themselves or any others by their command or allowance, or have joined in any party with the rebels, or have marched and stayed by the space of 24 hours with the rebels' forces, or have drawn themselves together in any considerable number to join with the rebels, or have kept rendezvouses or committees or public meetings with or for the advancement of the rebels' service, or have received commissions or orders for promoting the service of the rebels and have concealed the same, or have gone about to execute though they did not execute the same, be fined by payment of so many years' rent as shall not exceed four nor be less than two years' rent.
3. That those who (not being compelled by force) by themselves went or sent into the rebels' leaguer and intercommuned with James Graham, [earl of Montrose], Alastair MacDonald or any of their prime and chief commanders without knowledge or allowance of some of the general officers of our army or members of the committee of estates for intelligence, or have interchanged letters with them, or have assisted and supplied the rebels with money or given bond thereof, or have without compulsion entertained them in their houses, or have received and kept or procured or dispersed protections or safeguards from the rebels, be fined by payment of so much of their rent as shall not exceed two years nor be less than half a year's rent. With latitude to the judges upon consideration of the circumstances of the fact and of the former carriage and affection of the parties to dispense with the fines or any part thereof of those who are only subject to censure for receiving or purchasing to themselves projections, or for simply going in to the leaguer or speaking with them without any promise of performance of assistance, or to those who were compelled to give money or bond or to harbour any of the rebels, it being always understood that what has been exacted of before from them for these delinquencies since 15 August last by any public order shall be allowed for as much.
That those whose estates or any part thereof consists of goods and moveables or in money upon whatsoever security heritable or moveable in their own names or any others to their use, or that did belong to them at the time the crimes were committed contained in the first class, be fined in so much of their estate as shall not exceed a third part thereof nor be less two parts of that third part, which is between 33 merks and 22 merks for each 100 merks of stock.
That those guilty of any of the crimes contained in the second class be fined by payment of so much of that money or moveables in manner aforesaid as shall not exceed the two part of the third nor be less than the third of that third part, and those guilty of any of the crimes contained in the third class be fined by payment of so much of their money or moveables in manner aforesaid as shall not exceed the third part of the third nor be less than the quarter of the said third part, which is between 22 merks and 11 merks of each 100 merks of stock for the second class, and between 11 merks and 36s 8d of each 100 merks of stock.
For the better and more speedy trial of the rents and estates of delinquents, that each delinquent give up a just and true inventory of his yearly rent and of the monies and moveables belonging to him, with certification that the upgiver shall lose the triple of that which shall be concealed, the third part whereof shall belong to the accuser and the other two parts to the public. With power to the judge to take trial of the said estates, heritable or moveable, by oath or valuation of tax and loan or witnesses, with deduction of such feu duty and other burdens as the judge shall find does really affect and burden the land. And where lands are affected with wadsets, comprisings, assignments or back tacks, that the same be first accounted in the burdens of the delinquents' estate, and that the same and all other burdens be only for making up so much as will affect the third part of his yearly duty only, without prejudice to proper wadsetters and others having real rights. And where their debt exceeds the fifth part of the stock of their money and moveables, they shall have the same deduction of the fourth part as in the first class for the land rent.
That the term of payment of the fine does not exceed 20 days after the pronouncing of the sentence, with power to the judge (the third part being so paid) to supersede the payment of the other two parts to be paid at two terms within six months immediately thereafter.
And if the party delinquent be a liferenter or a fiar or has an estate contracted to him, that his fine exceed not more than half nor be less than the third of the fine due to be paid by the heritors that are in possession according to their crimes respectively aforesaid, without prejudice always to them to pay for these lands whereof they are in possession as any other heritor. With power to the judge (the third part being paid by the fiar or liferenter within 20 days after the sentence) to supersede the payment of the other two parts to be paid within one year immediately thereafter, with deduction for debts according to the proportion above-written. With certification to such as shall be fined and who does not pay their fines at the terms of payment appointed by the judge, they shall be liable in payment of the double of each term's payment within 20 days thereafter.
That the persons guilty of any of the crimes contained in the first class be simply discharged from all places of public trust and from having place or voice in parliament, committees, council, session, office of state, armies within or without the kingdom and from having a vote in the election of commissioners for shires or burghs and from being colonels, sheriffs, bailies of regalities, stewarts of stewartries, magistrates within burghs or any other public judge, minister or officer either in burgh or landward, commissaries or any clerks whatsoever, and that during the continuance of these troubles and until the peace of this kingdom be settled. Without prejudice to those who are not included in this act of their right of presentation to fill the said places to burgh or landward, and declares that in case any heritable officer shall lose his office as falling within the compass of the delinquency against the first class, then the parliament, their committee or council shall fill the said places.
That those guilty of the crimes contained in the second class be suspended from all places of public trust and from having place or voice in parliament, committees, council, session, offices of state, armies within or without the kingdom and from being colonels of shires, sheriffs, bailies of regalities, stewarts of stewartries, magistrates within burghs or any other public judge, minister or officer, commissaries and clerks whatsoever until the next session of parliament and further until they be restored.
That the persons guilty of any of the crimes contained in the third class be remitted to the judges to be either suspended or not as they shall think fit.
With power to the judge to censure or fine any persons of whatsoever quality whom they shall find after trial to be guilty of any such other correspondence, intelligence, assistance, advice or other carriage with or for the rebels as did or might advance or further the rebels' service and are not defined in the articles of the three several classes above-mentioned, and to proportion the censure or fine accordingly as they shall find the faults or crimes to correspond to the guiltiness expressed in the rules of the three classes respectively. And remit to the commission for the processes to determine against any of the delinquents censurable for any of the crimes contained in the classes above-written according to the rules thereby prescribed during this session of parliament. And the said estates of parliament declare that notwithstanding for good causes and reasons they have abstained from execution of the rigour of the law against such persons as are guilty of the crimes contained in the classes above-written, yet that none may misinterpret the intention of the estates of parliament to encourage any future rebellion or defection from this cause and covenant by the mitigation of the punishment of the faults above-specified, they declare the former acts of parliament to stand still in full vigour and force against all correspondence and compliance with the enemies of God and this kingdom as is mentioned therein. And appoint letters of intercommuning to be again renewed and published that none pretend ignorance thereof, and the transgressors of the same be punished with all rigour without mitigation or favour, and ordain publication to be made hereof and of the letters of intercommuning by open proclamation at the market crosses of Edinburgh, Perth, Dundee, Aberdeen, Stirling, St Andrews and Glasgow, which the estates declare to be sufficient for a full certification of the whole lieges.