[1649/5/109]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering the manifold evils both of sin and punishment wherewith this land hes been afflicted, by reason of the malignant insolences and profanity of many in our armies, and calling to mind that they have lately made a solemn confession and acknowledgement unto God thereof as one of the publick sins of the land, and that they have engaged themselffis for purging of judicatories and armies and intrusting and employing none but such as are of known good affection, and to the effect that none be suffered to bide in the army who are of a profane, malignant and scandalous carriage, having therefore according to their vows, and for removing and preventing all dangers or inconveniences that may fall out thereby, and for remeding and relieving the exorbitant burthens and oppressions of the country because of such mens insolences, thought necessary to grant power and commission to some well affected persons in severall shires for visiting the troops and companies quartered therein, and for ordering and directing the cashiering or otherwayes punishing of them as they after tryal shal find their miscariage to deserve. And for that effect the estates of parliament grants commission, warrand and power to [...] to visit the troops and companies lying within the shire of [...] and receive all complaints against them, to take all manner of tryall of their carriage by information or examination of the country people with whom they have been quartred, or other honest persons of the shire, or officers or souldiers in these troopes, either upon their oathes or otherwise as they shal think fit, and to give up to the chief officer upon the place the last† of such officers and souldiers as they shal find guilty of any of the faults contained in the instructions given to them by this present parliament, that the said officer fourthwith secure their horses and armes and remove them out of the army, or punish them otherwayes as they shall deserve. And incase the saids commissioners shall upon pregnant presumtion think fit before tryall that any officer or souldier be secured untill they be tried, that the chief officer upon the place, upon the desire of the saids commissioners, shall accordingly secure the saids persons with their horses and armes.
Articles for purging the army, first concerning officers:
I. That if there be any officers in the army that served under James Graham, the late marquesse of Huntlie or their adherents against this kingdom and cause, that these be carshired and put out of the army.
II. That no officer that served in the late Engagement against England shall be imployed as officer in the army or be permitted as a common souldier or ride with a troop or company in the army, but shall be carsheired and put out of the army, unlesse he have been admitted by consent of the parliament or committee of estates and generall assembly or their commission.
III. That any officer who after tryall shall be found guilty of malignant and disaffected speeches, as railing and enveying against the cause and covenant or against the ministry or against the present civill government, and such as are of a profane cariage or are guilty of oppression, be carshiered and put out of the army.
IIII. That any officer who after tryall shall be found to have refused sufficient souldiers rightly qualified and hath taken mony for them and interverted the same, either in whole or part, to his own private use, and levied malignant, disaffected or profane and scandalous men in their rooms to compleat his number, that the officer that shal be found thus guilty be carshered and imprisoned till he make restitution of the mony to the commissioners for the use of the publick.
V. That all officers that levied mony for souldiers and did not compleat their number shall restore the double to the commissioners for the use of the publik and be further punished as the general persons shall think fit.
Secondly, concerning souldiers:
I. That all souldiers that served under James Graham, the late marques of Huntly or their adherents against this kingdome and cause be carshered and put out of the army.
II. That all souldiers that want sufficient testimonials or are found to be guilty of railing, unlesse they be of known and approven integrity, within a convenient time to be allowed by the commissioners for that purpose, be carshered and put out of the army and their horses and armes taken from them.
III. That all souldiers (albeit such as have testimonials) as are found to be guilty of railing or reviling against the cause and covenant or against the ministry or against the present civill government, and all such as are blasphemers and mockers of piety or despisers of the worship of God or profaners of the Lord's day or oppressors of the people or drunkards or plunderers or unclean persons, be carshered and put out of the army and their horse and armes taken from them.
IIII. That no person that shall maintain any errour or practice contrary to the doctrine, worship and discipline of this kirk or against the civill government by king and parliament according to the covenant and declarations of this kingdom shall be permitted in the army to serve as officer or souldier, but shall be removed and cashered.
V. That the places of such officers as shall be cashered and removed out of the army, being under the degree of ane captain, be filled for this time by the colonel of that regiment, with the advise and consent of the commissioners of the respective shires where the samen are for the time appointed for purging the army, and that the supernumeraries, women and pedees be purged out of the army.
VI. That no officer receive into a troop or regiment any of these that are purged out of the army under the pain of cashering, and recommends to the saids commissioners for purging the army and the officers of the army to fill up the places of such as shall be purged out with such of the well affected officers and souldiers as have fled out of Ireland.
And the saids estates gives warrand to the persons before named to conveen in such places and at such times as they shall think fit, with power to them to choose clerks and other members of meeting, and ordaines them at the first meeting to give their oaths of faithfull, discharging the said commission in all the heads and articles thereof; and to report their diligence in the said matter on this side of Tay betwixt and the first of August, and on the other side of Tay betwixt and the 15 day of the said moneth under the paine of ane thousand merks to be payed by the foresaids persons failing to do their diligence and to report against the said day.