The estates of parliament, now convened in this sixth session of the first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, taking into their consideration the great abuses committed by officers and soldiers in their unorderly quartering through the country and the heavy burden thereby lying upon his majesty's good subjects, and being resolved to apply their authority for redress of these disorders and protection of the lieges, do therefore statute, ordain and enact that in time coming after 26 November instant all officers and soldiers have their pay delivered to them at the end of every 14 days (or sooner if they remove) by the shire in which they and their regiments are quartered according to the establishment hereafter subjoined, and that the said officers shall pay ready money for whatsoever they take up for themselves, their horse and servants at the ordinary rates of these places where they are quartered without extortion, and also that when they receive their payment each 14 days at the receipt of their pay they bring with them and exhibit certificates and discharges of the true payment made by them of all their furnishing and expenses from these persons where they have lived or from the commissioners of parishes or magistrates of burghs where they have been quartered.
Here follows the establishment for the officers for their daily pay in their quarters namely: a colonel to horse, £7 4s Scots money per day; a lieutenant colonel to horse daily, £3 12s; a major to horse daily, 48s; a regiment quartermaster to horse daily, 30s; a surgeon to horse (where there is one) daily, 20s; each rutmaster daily, £3 6s 18d; each lieutenant daily, 30s; each cornet daily, 24s; each quartermaster daily, 20s; each corporal (being three allowed to each troop) daily, 16s; each trumpeter daily, 13s 4d; and to each trooper daily, half a peck of oats, six sheaves of straw and 6s 8d in money, or otherwise 12s in money in the option of the persons where they are quartered.
Item, for a foot regiment: the colonel to foot to have daily, £4 16s; a lieutenant colonel to foot daily, 48s; a major to foot daily, 32s; regiment quartermaster daily, 20s; surgeon (where there is one) daily, 20s; drummer major daily, 8s; regiment scriber master daily, 13s 4d; provost-marshal daily, 8s; each of 10 captains daily, 44s 5d; each of 10 lieutenants daily, 20s; each of 10 ensigns daily, 16s; each of 20 sergeants daily, 6d 8d; each of 30 corporals daily, 5s 9d; each of 10 captains at arms daily, 6s 8d; each of 19 drummers daily, 5s 4d; each foot soldier allowance in meal and quarters or 40s daily in the option of the persons where they are quartered.
Item, for a regiment of dragoons: the colonel of dragoons daily, £6; lieutenant colonel to the dragoons daily, £3; major to the dragoons daily, 40s; quartermaster daily, 25s; the surgeon (if there be one) daily, 20s; a captain of dragoons daily, 45s; a lieutenant to dragoons daily, 25s; an ensign to the dragoons daily, 20s; each sergeant to the dragoons daily, 11s 4d; each corporal of dragoons daily, 10s; each drummer daily, 10s; each soldier of dragoons to have daily 9s or else six sheaves straw, a fourth part of oats and 5s money in the option of the persons upon whom they are quartered.
And it is statute and ordained that the troopers and soldiers of foot be equally quartered through the shires by the respective committees thereof, and that upon no pretence whatsoever any exemption be allowed to any person but by warrant of parliament or their committee except for lands burnt, wasted or possessed by the enemy, for it is declared hereby that such lands or burghs as shall be found by the committee of estates of parliament or commissioners appointed by them for that effect to be still possessed by the enemy or to have been burnt or wasted by the enemy, our own forces or the plague so that the heritors thereof are disabled through this to bear any public burden, shall be free for as much of any pay or giving of quarters to officers or soldiers unless in case of necessity for the good of the service, which is remitted to the commander in chief where these forces are. And the forces being thus proportionally quartered in the shires to burgh and landward equally according to their valuation and maintenance, it is ordained that no shire nor burgh pay any quarters to any common soldiers of horse or foot, but such as are actually and locally quartered within the bounds, and that none of these common soldiers of horse or foot be paid when they are personally absent from their quarters. And it is declared that the whole permitted articles are to be applied to the winter quarters allowed to the officers and soldiers for their residence and maintenance accordingly as they are severally divided and appointed through the whole kingdom, and in no way to be applied to the passing and transient quartering not extended to the shires where the body of forces shall be commanded for the prosecution of the war, so that no shire shall be burdened above their proportion; but that the estates of parliament in their particular act for maintenance and support of the forces shall set down the way of relief of the shires of Aberdeen, Banff and Moray presently and generally of all shires which may happen hereafter to be overburdened in the prosecution of the war.
As likewise it is ordained that in passing quarters the officers and soldiers shall be equally and proportionally quartered in the parish by the advice of the commissioners thereof, so that the officers shall not overburden any person or place at their pleasure. In which case of transient quarters, it is appointed that the quartermaster or commander of the parts shall deliver to the commissioner of the parish or one of the chief heritors resident therein or their bailies, officers or chamberlains or magistrates within burgh the names of all the soldiers to be quartered in that parish or burgh in a roll subscribed with his hand, and declare that these parishes (either in burgh or land so quartered upon in these transient quarters) shall have their proportional relief from the other shire. And it is also declared that the houses of heritors and liferenters shall be free of quartering, they furnishing quarters upon their own tenants or in inns upon their bounds, and also that such royal burghs where there are garrisons of foot be free of the local quartering of horsemen, they always paying their proportion with the shire according to their valuation and maintenance.
And further it is hereby ordained that the officers of the several regiments within the kingdom and all the soldiers thereof shall proceed to their charges and quarters within six days after the publication hereof at the market cross of the head burgh of every shire (and for Perthshire ordain the publication to be at the market cross of Abernethy) and not to remove from their several quarters and attendance of their charges without a leave of absence and licence from the general major, parliament or their committee to the colonel and from the colonel to all inferior officers under him, they always leaving sufficient officers to attend the charge under the pain of cashiering and of losing their arrears. And likewise the estates of parliament ordain and command the committees of war of the several shires of this kingdom (who are hereby continued in their constant places until the parliament give new order relating thereto) to be assisting to see this act punctually observed in the whole heads thereof, and for that end that they send in weekly to their commissioners during the sitting of the parliament an account of each troop and company with the officers' and soldiers' names accordingly as they are quartered within their bounds and of the obedience given herein to the officers, and for that effect that they call upon the commissioners of parishes to give in to them upon oath an account of the number locally quartered in each parish and of the carriage of officers and soldiers quartered upon them, with this certification: that where the commissioners of the parishes do not send such an account, it shall be reputed and held that there is none quartered upon their parish nor any disorders committed therein.
And likewise it is ordained that it shall not be lawful to the officers or soldiers of horse or foot upon any delay in the advancement to them of the pay above-written to send out parties for uplifting the same at their own hand until first it be represented by them to the committee of the shire or magistrate within burgh that they may give warrant for the same, and appoint the committees of shires to meet every 14 days for that effect.
And the estates have hereby declared that no allowance, maintenance or quarters are to be given to any officers or soldiers for the tenth man or their attendants or boys and horse, but totally and absolutely discharges the same in all time coming.
And lastly it is hereby declared that if any of the subjects of this kingdom be injured in body and goods by any soldiers within the same, that the party wronged makes his complaint to the said soldier's officer, and upon his refusal or delay to redress the wrong that the party address himself to the colonel, lieutenant colonel or major of the regiment, if they be within the shire for the time, and make known his complaint to them, upon whose absence or neglect or delay of justice the parties wronged are to submit themselves to the committee of war in the shire or within burgh to the magistrates thereof, by whom the same is to be represented to the parliament or committee of estates that they may give orders relating thereto for punishing the said offenders and also the officers for their neglect. And ordain [Sir Alexander Gibson of Durie], lord register, to cause presently print this act.
[1646/11/30]*[print] [email] [cite] [preceding] [following]
The estates of parliament adjourn the sitting of the parliament to 10 o'clock tomorrow morning.