ACT FOR LEAVYING OF SOME FORCES For Securing the PEACE OF THE KINGDOM, Untill the meeting of the PARLIAMENT.

EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Ex­cellent Majesty, 1648.

Edinburgh, 14. October, 1648.
Act for Leavying some Forces, for secu­ring the Peace of the Kingdom untill the meeting of the Parliament.

THE Committee of Estates, consider­ing how necessary it is that some Forces bee raised for secur­ing the Peace of the Country, un­till the Forces of these who were in Arms in and about Stirling, and of their adherents who by Commissi­on and Warrants, or encouragement from them, have taken Arms to the endangering of the Peace of the Kingdom; And untill these who are now in Arms in the Isles, Highlands and Northern Shires of this Kingdom, for whose disbanding their was no undertaking by the Articles of agreement, be fully disbanded, and put out of a condition of troubling the Kingdom, and distur­bing the Peace thereof; Taking also into their consi­deration the many Insolencies and disorders commit­ted by those that are disbanded, and that diverse per­sons of quality, and others that were in the Engage­ment and Service, have not signified their agreement and submission to the said Articles of Treaty, but are rather indeavouring by Intestine Insurrection, or Fo­reigne Invasion, to overthrow the grounds of that late [Page 2]agreement, and in pursuance of their own ends to con­tinue the troubles of the Kingdom; And the Kingdom of England having desired this Kingdom to use all means to prevent and suppresse any design of reinfor­cing a new Engagement against that Kingdom, to the weakning of the Amity and Union between both Na­tions; And the Committee of Estates, in discharge of the trust committed to them, being most desirous and carefull to preserve the Peace of the Kingdom, untill the next ensuing Parliament, to which the determi­nation of all questions and differences relating to the publick good are referred; Have therefore thought it necessary and expedient, and do hereby Ordain, that the number of two Thousand seven Hundred and thir­ty Foot, and the number of six Hundred and twenty Horse, be forthwith Levied and kept on foot, as a stan­ding force in the Kingdom.

And because there are above seven Hundred Foot al­ready together, That the particular numbers of Horse and Foot underwritten, be presently raised in the Shires following, viz. Out of the Sherifdoms of Rox­burgh and Selkirk Fourscore and twelve Foot, and one and twenty Horse. Out of the Sherifdom of Berwick Fourscore and twelve Foot, and one and twenty Horse. Out of the Sherifdom of Haddingtoun, Fourescore and twelve Foot, and one and twenty Horse. Out of the Sherifdom of Edinburgh, Fourscore and twelve Foot, and one and twenty Horse. Out of the Sherifdom of Lithgow fourty Foot, and twelve Horse. Out of the Sherifdom of Peebles, twenty nine Foot, and seven Horse. Out of the Sherifdom of Dumfreis, Fourscore and twelve Foot, and twenty five Horse. Out of the Sherifdom of Wigtoun and Kilkudbright, Fourscore and [Page 3]twelve Foot, and twenty four Horse. Out of the Sherifdom of Air and Renfrew, Fourscore and twelve Foot, and fourty two Horse. Out of the Sherifdom of Lanerk, one Hundred and six Foot, and one and fourty Horse. Out of the Sherifdom of Sterling and Clackmanan, Fourscore and one Foot, and twenty five Horse. Out of the Sherifdom of Fyff and Kinroshire, one Hundred and eighteen Foot, and fourty eight Horse. Out of the Sherifdom of Pearth, one Hundred and seventy Foot, and fourty eight Horse. Out of the Sherifdom of Forfar, one Hundred and sixteen Foot, and twenty nine Horse. Out of the Sherifdom of Kin­kairdin and the Earl of Marshals part of Aberdeinshire, Fourscore and twelve Foot, and eleven Horse. Out of the rest of the Sherifdom of Aberdein, and out of the Sherifdom of Bamff, one Hundred twenty and three Foot, and fifty seven Horse. Out of the Sherifdom of Elgin, Narine, and that part of Innernesse one this side of Nesse, one Hundred and eighteen Foot, and twenty five Horse. Out of the Earl of Seaforth and Lord Lo­vatts division of Innernesse, Fourscore and one Foot, and twenty five Horse. Out of the Earl of Seaforthes part of Innernesse, Sutherland and Cathnes, one hundred twenty & three Foot, and twenty five Horse. Out of the Marqueis of Argyles division of Innernesse and Badze­noche, fourscore and four Foot. Out of the Sherifdom of Bute six Foot. Out of the Sherifdom of Dunbartan three Horse. The Sherifdom of Argyle exeemed, be reason of the late vastation thereof. Out of the Sherif­dom of Orkney, fourscore and four Foot.

And to the end that the Forces abovewritten may be the better Ordered, Regulated and disposed of, to the best advantage for the present Service of this King­dom, [Page 4]The Committee of Estates Ordains the whole number of Foot to be divided into six Regiments, and commanded in manner following, viz. That the Laird of Lawer's be continued Colonel of a Regiment consi­sting of six hundred and fifty men effectively▪ And to the end that the said number may be made up and com­pleated, he is to have out of Pearth-Shire one hundred men. And out of the Sherifdom of Peebles 29. That Generall Major Holburne have the command as Co­lonel of a Regiment of Foot, consisting of four hun­dred, whereof he is to have out of Roxburgh and Sel­kirk Shire 92. Out of Berwick Shire 92. Out of Had­dingtoun Shire, 92. Out of Lanerk Shire, 106. Out of Lithgow Shire 18. Inde four hundred. And ordains the said General Major Holburne to be Governour of the Castle of Stirling, and to place therein the number of [...] men, out of his foresaid Regiment. That Lievtenant Colonell James Meinzies have the command of a Regiment, consisting of five hundred Foot, viz. Out of Orknies 84. Out of Pearth-Shire 59. Out of Forfar 32. Out or Kinkairdin and Marshalls part of Aberdein, 92. Out of the rest of Aberdein and Bamff Shire, 128. Out of Elgin, Nairne, and that part of Innernesse on this side of the Water of Nesse, 100. Foot. Out of which Regiment, the foresaid Colonel is to Garison Ennerlochy, Dowart, and the Ruthven of Badzenoch. That Sir James Frissell have the command as Colonel of a Regiment of Foot, consisting of three hundred, which are to be placed for a Garrison in the Town of Innernesse, viz. That he have out of Elgin, Nairne, and that part of Innernesse, on this side of the Water of Nesse, 18. Out of Seafort, and Lovats divisi­on of Innernesse 82. Out of Seaforth part of Innernesse, Sutherland, and Cathnes, 123. Out of Argyles part of [Page 5] Innernesse, and Badzenoch, 84. That Colonel [...] Pitscotty have the command of a Regiment of Foot, consisting of four hundred; viz. Out of Stirling, and Clackmanan-Shires, 71. Out of Fyffe, and Kinro-Shires, 118. Out of Pearth-Shire, 11. Which with hose under his command already on Foot, makes 400. Out of which number, he is to place a sufficient Gari­son in the Town of S. Johnstoune, and in the Houses of the Blair of Atholle, and Garth. That Colonel John Innes have the command as Colonel of a Regiment of Foot, consisting of four hundred, viz. Out of Lithgow, 22. Out of Edinburgh-Shire, 92. Out of Dumfreis-Shire, 92. Out of Wigtoun, and Kilcudbright, 91. Out of Air, and Renfrew, 92. And out of Stirling-Shire, 10. Out of which number, he is to place ane sufficient Garrison, in the Houses of Strabogie, and Boge of Gight. And Ordains out of the Sherifdom of Forfar, fourty men to be placed, as a Garrison for the Castle of Edin­burgh, and other fourty men for the Castels of Dumbar­tan, and Duglas.

And for the better regulating of the foresaid num­ber of Horse, the Committee of Estates, nomi­nats, appoints and Ordains the Lord Chancellour to have the command of ane Troop, consisting of 80. Horsemen; which proportion, is voluntarily and free­ly offered to be advanced to his Lordship by the Col­ledge of Justice. And that the Lord Generall his Ex­cellency, shall have the command of ane Troop of Horse consisting, of 60. viz. Out of Roxburgh, and Selkirk-Shires, 41. And out of Berwick 19. That Lievtenant Generall David Lesly have the command of a Troop, consisting of 60, viz. Out of Lanerk 12. And out of Fyffe 48. That Colonel Robert Mongomry, have [Page 6]the command of a Troop consisting of 60. viz. Out of Dumfreis 25. Out of Galloway and Kirkcudbright 4. And out of Air and Renfrew 11. That Colonel Scot, have the command of a Troop as Ruitmaster thereof, consisting of 60. viz. Out of that part of Aberdein not belonging to the Earl of Marshals part of the Shire, 46. One of Elgin, Nairne, and that part of Innernesse on this side of the Water of Nesse. 14. That Colonell Gilbert Ker have the command of a Troop, as Ruitma­ster thereof, consisting of 60, viz. Out of Elgin, Nairn, and that part of Innernesse, one this side of the Water of Nesse 11. Out of the Lord Seafort and Lord Lovats division of Innernesse 25. Out of Seaforths part of Innernesse, Sutherland and Caithnes 25. Out of Dum­bartan 5. Inde 66. And because of the great distance of the places allocat to the said Gilbert Ker, and the dif­ficulty of raising his said proportion out of the same, the Generall Commissar is hereby Ordained to give him allowance in money for such men as cannot be well raised out of those parts, to make up his Troop of the said number of 60, as is appointed. That Major Stra­chane have the command of a Troop as Ruitmaster thereof, consisting of 60, viz. Out of Berwick-Shire 2. Out of Haddingtoun Shire 21. Out of Edinburgh-Shire 21. Out of Lithgow-Shire 12. Out of Stirling Shire 4. Inde 60. That Major William Stewart have the command of a Troop as Rutmaster thereof, consisting of [...] viz. Out of Stirling-Shire 9. Out of Forfar 29. Out of Kinkardin, and my Lord Marshals part of Aberdeen, 11. Out of Bamff Shire 11. inde 60. That [...] Robert Hacquet be Ruitmaster of a Troop, consisting of 60. viz. Out of Pearth 48. Out of Stirling 12. inde 60. That L. Col James Lundy be Ruitmaster of a Troop consisting [Page 7]of 60. viz. Out of Air and Renfrew 31. Out of La­nerk 29. Inde 60.

And to the end the countrey may not be further bur­dened with Billettings and Quarterings of Souldiers, after the said Forces shall once be raised and delivered to their severall Commanders, at the dayes of Rande­vouze after mentioned; the Committee of Estates Or­dains, the haill Officers, Troops and Regiments afore­said, to have locall assignments given to them by the Generall Commissary upon the severall Shires, for their maintenance and entertainment; And that it may appear that the establishment of the said maintenance is made proportionably, and with as great ease to the Countrey as possibly may be. The Committee doth Ordain and allow that the ten Ruitmasters above ex­pressed, shall each of them have of pay monethly, two hundred pound Scots, Inde per mensem. 2000. l. Ten Lievtenants of Horse, each of them an hundred pound monethly, Inde per mensem. 1000. l. Ten Cornets, each of them an hundred marks monethly, Inde per mensem. 0666. l. 13. sh. 4. d. Ten Quartermasters of Troops, at fourty five pound a piece, monethly▪ Inde 450. l. Thirty Corporalls at 36 pound a piece month­ly, Inde 1080. l. Ten Trumpets, each of them thirty six pound monethly, Inde per mensem 360. l. Ten Farriors or Smiths, each of them thirty pound monethly, Inde 300. l. Six hundred and twenty common Troopers, each of them 16. sh. a day Inde per mensem. 14880.

And true every one of the foresaid six Colonels of [Page 8]the Foot Regiments, shall have each of them two hun­dred pound of monethly pay, Inde per mensem 1200. l. Majors of Foot, each of them an hundred pound monethly, Inde per mensem. 600. l. Twenty six Captains of Foot, each of them an hundred marks monethly, Inde per mensem. 1733. l. 6. sh. 8. d. Twen­ty six Lievtenants of Foot, each of them fourty pound monethly, Inde per mensem. 1040. l. Twenty six En­signes, each of them thirty pound monethly, Inde per mensem. 786. Six Regiment Quartermasters, each of them fourty pound monethly, Inde per mensem. 240. l. Six Provest-Marshalls, each of them fourty pound monethly, Inde per mensem. 240. l. Fifty and two Ser­jants, each of them eighteen pound monethly, Inde per mensem. 936. l. Seventy eight Corporals, each of them twelve pound monethly, Inde per mensem. 936. l. Fifty two Drumers or Pypers, each of them twelve pound monethly, Inde per mensem. 624. Twenty six Captains at Arms, each of them fifteen pound moneth­ly, Inde per mensem. 390. Two thousand seven hun­dred and thirty common Souldiers each of them 6. sh. per diem. Inde per mensem 25389.

And to the effect the severall Shires and Burghs in the Kingdom be not unnecessarily burthened and de­ceived by false musters, and so pay for men who are not in Service, the Committee of Estates Nominats and Ordains Hugh Kennede to be Generall Mustermaster, and allows to him two hundred pound per mensem, for his service, commanding him monethly or quarter­ly to take a survey of each Regiment, Troop and [Page 9]Company of the foresaid Forces, and to take up a list of the true number thereof, and this to be done in pre­sence of a Generall Officer, where the same can be con­veniently had; With power to him to put in due exe­cution all former Acts made against false Musters.

And further, the said Committee discharges all free quarterings of officers or souldiers after the day of Ran­devous underwritten apointed for the foresaid forces, & prohibits any to be quartered in Noblemen or Gentle­mens houses, without speciall order from the Comittee of Estates, or some Generall Officer for that effect. And that this may be the better put to execution, the Committee nominats and appoints the Laird of Arnot younger of that ilk to be General quartermaster, allow­ing to him two hundred pounds monethly for his ser­vice, and commanding him to take special care that the Kingdom be not further burthened with free quar­tering, but that he be carefull to see all former Acts of Parliament to be put into due execution, which have been made to restrain the abuses anent quarterings.

And to the end the several summes of money to bee paid throughout the whole Shires and Burghs of this Kingdom, for maintenance and entertainment of the forsaid forces appointed to be kept up for the publick good may be the better collected, and for supplying of the publick necessities of the Kingdom in time com­ming, and for discharging the publick debts which have been contracted since the first of September last, for arms, amunition, provisions and other necessaries for the forces which were lately on foot under the Com­mand [Page 10]of his Excellency the Earl of Leaven, The Com­mittee of Estates nominates and appoints Sir James Stewart Provost of Edinburgh, Generall Collector, With power to him to substitute deputs in ilk Shire, and to appoint a Clerk of collection, Which collector deputs, as well of Shires as of Burghs and Parishes, and Clerk of collection shall have such like fees as is allow­ed in the Act of Taxt and Loan, and that to be uplifted out of the said Shires and Parishes, by and at-over the said maintenance; and the Burghs to be free, in re­spect they collect their Taxt upon their own charges; With power also to the said General Collector, to put all the former Acts of Parliament standing yet unre­pealed, to due execution, so far as may conduce to the better and easier ingathering of the maintenance.

The said Committee of Estates likewise allowes to his Excellencie the Lord General, one Secretary, and to have [...] monethly for his attendance, and the like to the Lievtenant General to have [...] monethly for his attendance.

It is further Ordained, that each Governour of Ca­stles, Towns, or houses within this Kingdom, com­manding the number of fifty men or above in garrison, shall have an hundred Merks monthly, and command­ing under that number to have the pay of a Lieutenant of Foot: And allows to his Excellency, present Go­vernour of the Castell of Edinburgh, one Lieutenant, one Sarjant, two corporalls two Gunners, one Smith, one Wright and one Drummer. And ordains, that af­ter the 16. of October instant 1648. their be only four­ty [Page 11]Souldiers entertained in the said Castle, and that the allowance of such of them as the exchequer should maintaine, be repeted from the Exchequer.

Moreover it is hereby specially provided and Odain­ed, that the Committees of War, (consisting onely of such persons as have not been accessory to the late En­gagement against England) in the severall Shires, and particularly in the Sheriffdoms of Clidsdail, Air, Ren­frew, Galloway and Kirkcudbright, Teviodail, Midlothian, Lithgow, Dumbartan and Fiffe take speciall care to levie the foresaid proportions of Horse and Foot appointed to be put forth by each Shire upon the charges of those alane [...]ly, who are dis affected, and have been promoters of the late unlawfull Engagement against England: And that those onely who came forth in arms against the authors and abettors of the late Engage­ment and continued with the Army untill they were dismissed by order, and such other persons who have declared themselves against the Engagement, opposed the Enemy at home, and are known to have been constantly wel-affected to this Cause, & particularly such Noblemen, Gentlemen or Burgesses who dissen­ted in Parliament, be exempted and made free from all charges and expences in this Levie.

And the Committee of Estates having seriously con­sidered the manifold dangers and inconveniences from time to time issuing and arising to the straight, vigorous and active prosecution of the Cause and Covenant of God within this Kingdom, through the want of that due care and circumspectnes that ought to be used in the choice of Officers and Souldiers worthy to be imployed [Page 12]in so good a Cause, as the sad experience of former and late times hath made too evident: Have therefore Ordained, and by these presents appoints and Ordains, that all the Shires and Burghs within this Kingdom faithfully endeavour to send forth in this Levie the ablest and best affected men they can have, and none but such as are of good life and conversation, testified under the hand of the Minister of the Parish or Sessi­on thereof where they live; And that they carefully a­void the sending forth of any Souldiers that have been in Armes for the late Engagement; And if they shall be necessitated to employ any of them, that upon no pretence any other be admitted, but such as shall have testimonials of their Repentance for joyning in the late Engagement from the Minister of their Parish, or other ways from the Commission of the Generall As­sembly; and shall give their faithfull promise never to plead or speak in time coming publickly nor privately in defence or in favour of the late most unlawfull En­gagement against England; And the Generall Muster-Master is hereby specially Ordained to receive Te­stificats from all such Troopers and Foot Soul­diers that are or desires to be imployed in this ser­vice, and have been in the late Engagement, of their Repentance, and satisfaction given according to the Articles concluded by the Commission of the late Ge­nerall Assembly of the Kirk, under the hands of the Ministers or Sessions of the Garrisons where they live or from the Commission of the General Assembly; And whosoever produce not such certificats, shal not be [Page 13]admitted to this service, and the out-reikers of such shall be forced to put out others in their place; and the Commanders and Superior Officers are hereby Ordain­ed to use their faithfull endeavours that those Souldiers which are to be Levied and put under their command, be qualified as is before expressed, with certification, that if they sail, their shall be no allowance of Levie­money granted to them that shall present the said Souldiers.

And because there be in this Kingdom a competent number of very faithfull, able and honest Comman­ders and Officers, who by the speciall providence of God and his singular mercy to this distressed King­dom, have all this time kept themselves free, and have not been involved in the guiltinesse of the late unlawful Engagement, nor have suffered themselves to be infna­red or entangled by the alluring baits of outward ho­nours and profits; so that it were both against the prin­ciples of policy as well as piety, to intrust those with the charge of commanding our Forces or any part thereof, who have been lately in Armes against us: Therefore the Committee of Estates Ordains, that no Officers who have been employed, or accessory to the late unlawful Engagement against England, shall be ad­mitted upon any terms to bear charge in this new modell, and that the Committee may have the more full assurance of the punctual performance hereof; Or­dains all the Ruitmasters and Colonels of Foot foresaid to give in perfect Lists of all the inferiour Officers to be imployed by them, to be approven or not approven [Page 14]by the said Committee; with certification that the Committee will proceed to appoint inferior Officers to all such as within [...] houres after notice hereof, shall not give in there foresaid lists.

And the Committee doth hereby declare, that it shall be left to the option and arbitriment of such Commanders and Officers as are of known integrity, and qualified as is before expressed, to take from the severall Shires and Burghs, either the number and pro­portion of men and Horses that are to be put forth by the said Shires and Burghs, Or to take the sume of eightscore pounds for each Horseman and the sume of fourty pounds for ea [...]h Footman, providing alwayes, that if any of the said Commanders shall choose rather to take money, then Horse or men from the Shires; in that case they are to furnish and provide men able, welaffected, and qualified as is before expressed, as they will be answerable to the Committee of Estates, With certification that if they having received moneys for Horse and men, doe notwithstanding faill, in raising and presenting Horse and men to the Generall Muster­master at the time of Randezvous, or that the men rai­sed and presented by them, shall want certificats of their qualification in manner before expressed, not onely shall the Souldiers wanting such certificats be rejected, and not admitted upon the service, but also the leavy-moneys of those Souldiers are not to be al­lowed to the Officers, but to be refounded if they have received any, and the Officers themselves to be ca­shiered with disgrace.

And for the more speedy raising of the foresaid num­ber and proportion of Horse and Foot: The Com­mittee of Estates Ordains all Heretors, Proper Wood­setters, Life Renters and other Subject in out-putting of Horse and Foot conform to the Acts of Parliament, (excepting always such as are before declared to be eximed by this Act) To put out their proportion of Horse and Foot well armed, and well mounted, the Foot two part with Muskets, and third part pikes, and all with swords: And to bring their severall propor­tions of Horse and Foot armed and provided as afore­said to the pla [...]e of Rendezvous in each Shire, to be delivered to their severall Officers under the pain of four hundred Merks for each deficient Horseman, and under the pain of a hundred pound for each deficient Footman not brought to the foresaid Rendezvous, which are hereby ordained to be kept at the Dyets following, viz. all the Shires on the South side of Tay upon the twenty sixt day of this moneth, and those upon the North side thereof upon the third day of November or at furthest within six dayes, after inti­mation hereof, shall be given to the severall Shires by the foresaid Officers, or to the Committees of War therein as they are now constituted by Warrants un­der the Lord Chancellour his hand: And the Com­mittee Ordains the said Colonells of Foot and Rute­masters to be assisting to the Committees of War in the several Shires (secluding from the said Committees such as are before excluded) in poynding and distrenzing the goods of any heretors & others foresaid who are de­ficient in outputting either of the Horse or Foot at least [Page 16]in giving money therefore: viz. for every Horsman wanting at the day of Randezvous the some of 400. marks from every heretor and others foresaid who are lyable to put them out, and for every Footman wanting, the summe of 100. pounds, and further declares that the foresaids deficients shall be esteemed as Enemies to and hinderers of the publick service of this Kingdom and the good of this cause.

Mr. Tho. Henderson.
FINIS.

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