An act for the leavying of horse and foot,: to be put out by the shires and burghs. And the list of the Colonells, with their severall numbers of horse and foot.

Edinburgh 4 May, 1648.

FOr as much as the Estates of Parlia∣ment considering the great and imminent dangers to Religion, the Covenant, his Majesties Person and authority, and peace of his King∣domes, have thought fit, and accor∣dingly given order, That this King∣dom be put in a posture of Warre, and that the Colonells and Committees of Warre in the severall Shires be carefull in listing and exerci∣sing the able sensible persons within their bounds, and providing them with Armes, that they may be in readinesse to send forth such number of horse and foot as the Parliament or their Committees shall call for. And now finding that the Towne of Berwick is seized on, and that the dangers are nearer to us then formerly, whether from Sectaries or Malignants, and that it is our duty to make use of the power and strength of the Kingdom for its preservation and safe∣ty, and for preventing those evills wherewith we are threatned, have thought it therefore fitting to re∣quire the severall Colonells and Committees of Warre

of the Shires on this side Tay, to meet upon the ninth of this instant, and these on this side of Spey upon the twelfth, & those upon the North side thereof upon the sixteenth day of the same moneth, and at their said meetings, to take present course for listing & inrolling the particular numbers of men, horse & foot, according to the list hereunto subjoyned. And that they appoint & nominate under officers to the foot, viz. Lievtenant-Colonells, Majors, and Captains: and that they cause the heritors, propter wodsetters, liferenters and others subject in out putting of horse and foot conform to the Acts of Parliament, put out their proportion of horse and foot wel armed, the foot, two parts with musquets, and third part pikes, and all with swords, with two Dollors of Levie-money, and twenty dayes provision to each souldier, and to all officers under a Captain con∣form to the Scotts establishment, at two part pay horse and foot: And that for carrying of the neces∣sary provision of their forces, They provide a sufficient baggage-horse for every Twelve men: And that a strong and able man with sword and halfe pike be ap∣pointed to attend each two baggage-horse, who is to have a souldiers pay: And that the heretors, liferenters, and others aforesaid of the severall Shires who are ly∣able to the putting out of men, be Ordained to bring their severall proportions of horse and foot Armed and provided as aforesaid, to the place of Randevouz in each Shire, under the paines following, viz. Under the paine of 400. marks for each deficient horsman, And under the paine of 100. l. for each deficient foot∣man not brought to the foresaid Randevouz, which are hereby Ordained to be keept at the dyets following

viz. All the Shires on this side Tay upon the 24. of this Month, and these upon the South side of Spey upon the 27. and those upon the North side of Spey upon the last of this Month, and Ordaines the said Colonells and Committees in the severall Shires to have their proportions of Horse and Foot Armed and provided as aforesaid, in readinesse at the place of Rendezvouz, and at the diets respective before mentioned, to march according to such orders as shall then be sent to them, under the penalties aforesaid: And for the more spee∣dy and effectuall raising of the said Foot and Horse, the Estates of Parliament gives power and command to the Colonells, with assistance of such of the Com∣mittee of the Shire as will joyne with them; and are hereby commanded to be assisting to them, to seize and distraine the goods of any Heretories and others aforesaid, who are deficient in out putting either of their Horse or foor, viz. For every horseman wanting at the day of Randevouz the sum of 400. Marks from every Heretor and others aforeseid, who are lyable to put him out. And for every Footman wanting, the sum of 100. l. And further the saids Estates declares, that the Heretors and others aforesaid failing in putting out of their proportions shall be esteemed as enemies to, and hinderers of the publick service of the Kingdome, in persuance of the ends of the Covenant, and notwith∣standing some persons may be hereby overburdened in respect of the means of their Rents, and multitude of Tenants, living upon their lands: Yet the Estates Ordains the foresaid Number of men provided as aforesaid to be put out by them, & in case any of them sinde themselves thereby prejudiced, and make their

complaint knowne to the Committee of the Shire, in that case the said Estates Ordaines the Com∣mittee of the Shire to cast up the accompt, what the price of the aforesaid Armes, Levi-money and the price of Baggage horse will amount to, and so to provide for their reliefe, that the burthen may bee equally upon the whole Heretories and others a∣foresaid according to their Rent, as in the maintenance. And because the said Estates having after calculation, found that the number of horse according to the pro∣portion of the Levie in Anno 1644. are to be raised, will not exceed 2700. And seeing the present service will necessarily require a greater number of Horse, and that the Shires of this Kingdome will hardly bee able to raise the same: Therefore the said estates have ordained that each Regiment of horse shall con∣sist of 180. Troopers, to be framed in three Troops, and commanded by a Colonel, Major and Rutemaster, and the Colonell to have the nomination of all his un∣der Officers; Providing, the Lievtenant or Cornet be appointed with advice of the Committee of the Shire, out of the which the Troop is to be levied: And Ordains the Regiment to be made up in manner fol∣lowing, viz. The present Rutemaster to have assigned to them locally out of some Shire or Shires, the num∣ber of 80. Troopers, according as is set down in the List hereunto subjoyned, which Troopers the saids Rute∣masters are to receive at the day and place of Rendez∣vozes of the foresaid Shire or Shires before written; & shall give sufficient security to leavy upon their owne charges as many Troopers well mounted, and Armed, as with the Troops they presently have, shall make 160

in the whole; and that they shall have the said Troo∣pers so to be listed upon their own charges at the fore∣said day and place of Randezvouz, under the paine of 400. Marks for each deficient Trooper: And for such Noble-men and Gentlemen designed Colonells, who have no Troops presently, the Estates Ordaines them to receive the number of 80. Troopers from the Shire assigned to them for that purpose, as is contained in the foresaid subjoyned List; and to finde sufficient sure∣ty for leavying the number of 100. Troopers upon their own charges, and to bring them to a Randezvouz at _____ _____ upon the 10. day of June next, under the paine of four hundred Markes for each deficient well mounted and armed Trooper: And in case any Co∣lonell shall upon his own charges raise 60. horse more to make up the fourth Troope, the Estates of Parlia∣ment allowes him to have a Lieut. Colonell; and what further Troopers the Colonel or his Officers shall leavy upon their own charges, they shall have entertainment therefore as the rest of the Army; And the Estates of Parliament ordains the foresaid Committees to use all diligence for performing the foresaid duties intrusted to them, as they will testifie their affection to Religion, and the peace of the Kingdom, and that they faile not to make report to the Parliament, or the Committee of Estates in this Kingdome, within six dayes after the dayes of Rendezvouz respective above written, assigned by the Parliament to the Shires respective, as is afore∣said: And if the Committees of Shires be remisse in their meetings, or in putting their Orders in executi∣on, that the Colonells with such of the Committee as are willing to joyn with them, conveen upon all occa∣sion

for putting their orders to execution, & for doing every thing that may further the Levies, being alwayes accomptable for their proceedings to the Parliament, or Committee of Estates; and if any person or persons of what degree, quality, or condition soever, shall offer to oppose, or obstruct by violence the resolutions of the Parliament, or Committees thereof, the said Com∣mittees and Colonells have power to use all meanes to compell them, and if need be, to pursue the raisers of the tumults, and publick opposers of the Resoluti∣ons of the Estates in a hostile way by the strength of the Shire; and if the Insurrection or opposition come to that height that the Shire where it falls out is not able to suppresse the same, that the Colonels, Commit∣tees, and Commanders of the next adjacent Shires, on all Quarters, joyn for suppressing thereof as they shall receive advertisement. And further, the said Estates upon consideration of the great abuses in former Lea∣vies, committed by Officers in taking of money from the Heritors, and others aforesaid, who are liable in putting out of Men, Horse, or Foot in place of their said men; Declares, that whatsoever Officer shall be found to have done so, shall not only be cashiered from his charge, but also branded with a marke of infamy and disgrace: And that the said whole Forces may be kept in the better order and discipline, the said Estates Ordaines all Officers constantly to attend their said charges, and that none of them upon any pretext what∣soever be absent the space of one moneth, with cer∣tification to the contraveeners hereof, that their places shall be declared vacant, and another established in their charge. And the Estates of Parliament declares,

that whatsoever Officer or Souldier shall be found guilty of taking at their own hand, horse, or any other guides from the Subjects of this Kindome, they shall die for it without mercy. And for the better regulating of the putting forth Horse and Foote of such as will not fall to put forth an whole Horse or Footeman: It is declared, that the greatest Rent of these to be joyn∣ed for making up an horse, shall provide the horse, and the rest that joyneth to contribute, according to 160 l. for ilk Horsman; and who have the maniest men to to provide the Footman, and the remanent that joyn∣eth to contribute, with him according to 40. l. for ilk Footman for their outreik of Arms, and whole furni∣ture belonging to them with their twenty daies pro∣vision: And where the Rent, or number of men are e∣quall, to cast lots.

Follows the List of the Horse and Foot, to be put out by the several Shires and Burghs of the Kingdome, with the names of the Colonels of the Foot.

OVt of the Sheriffdomes of Roxburgh and Selkirk 2000. Foote, and 200. Horse: Colonels for the Foot, the Earl of Roxburgh, the Earl of Bucleuche, or his brother the Earl of Louthian, or in case of his refu∣sall to accept the Sheriff of Tevitduil, or Richard Dow∣glas his son.

Out of the Sheriffdome of Berwick 1200. Foot and

100. Horse, Colonel for the Foot, the Earl of H••m••.

Out of the Sheriffdom of Hadingtoun 1200. Foot & 100. Horse, Colonels for the Foot, the Lord Zester and Laird of Wanchtoun, and in case of Wanchtouns re∣fusall, the Lord Zester to be Colonel for the whole.

Item, out of the Sheriffdom of Edingburgh to Land 1200. Foot, and 100. Horse, Colonels to the Foot, the Lord Balmarino, or in case he accept not, the Laird of Collingtoun and the Lord Cransto••••.

Out of the Sheriffdom of Linlithgow 500. Foot, and 60. Horse; and out of the Sheriffdom of Pe••bles 400. Foot, and 40. Horse▪ Colonell for the Foot of their two Shires, the Lord B••rgany.

Out of the Sheriffdom of Dumfreis 1200. Foot and 120. Horse, Colonels for the Foot, the Earle of Dumfreis, and the Laird of Kethead.

Out of the Sheriffdom of Wigtoun 1200. Foot, and 120. Horse, Colonels for the Foot, the Lord Gairleis, and the young Laird of Lag.

Out of the Sheriffdoms of Air and R••••frew, 2000. Foot, and 240. Horse, Colonels for the Foot, the Earl of Glencairn, the Lord Ross, and the Lord Cochrane.

Out of the Sheriffdom of Lanireck 1500. Foot and 200. horse, Colonell for the Foot, the Lord Duke of Hammiltoun.

Out of the Sheriffdom of Sterling and Clakman••an 1000. Foot, and 120. Horse, and the Town of Stirling exemed (in regard of the pestilence) from the one half of their proportion, extending to _____ _____ Colonell for the Foot, the Earl of Callender.

Out of the Sheriffdoms of Fyffe and Ki••rosher 1500. Foot & 240. horse: Colonels for the Foot, the Earl of

Kellie and the Lord Elcho, and the Estates of Parlia∣ment, remits to any Committ•••• of the Shire, which is to be equall of the Gentry & Burrows of the Shire, to proportion the ease granted by the Parliament to to this Shire.

Item, For the Sheriffdom of Perth 2400. Foot, and 240. Horse, the Town of Perth and Culros to be tane in consideration by the Committee of the Shire, in∣regard of the former vastations by the Plague, and all other places in the Shire, which are now waste by the same or by the War; And the Estates declares, that what the Committee shall deduce in respect of wasted lands, shall be deduced to the Shire: And also declares, that the heritors of these wasted lands shall onely be lyable to put out their proportion accord∣ing to the fourth man they have presently. The Co∣lonels of the Foot, the Earle of Atholl, the Earle of Tullibardine and Sir Iames Drummond younger of Machanie.

Out of the Sheriffdome of Forfar, 1500. Foot, and 140. Horse, the Town of Breichen excimed of 30. men of their former Levie, Colonell for the Foot, the Lord Carnegie.

Out of the Sheriffdome of Kincardine, and the Earl of Merschellis part of Aberdeen 1200. Foot, and 100. Horse, Colonels for the Foot, George Keith, brother to the Earle of Marschall and Colonell Harie Mauld.

Out of the rest of the Sheriffdome of Aberdeen, and out of the Sheriffdome of Ba••ff, 1600. Foot, and 240. Horse, the Town of Aberdeen to be exeimed from 60. of their proportion in regard of their vastation by the Pestilence. The Town of Culane of 6▪ and the

Town of Bamff of 7. Colonells for the Foot, The Lord Bamff or his son, and the Master of Forbes: and the Estates of Parliament remits to the Committee of 24. to divide the proportion of Horse and Foot wh…… Kilcardine, Aberdeen and Bamff shall put out.

Out of the Sheriffdom of Elgin••, N••••rne, and that part of Innernes on this side Ness, 1500. Foot, and 120 Horse. The Town of Nairne to be exeemed of the two parts of three of their former proportion. The Town of Forres to be exeemed of 6 then, and the Town of Innernes and Elg••ne to put out their fourth man upon the Oaths of the Magistrates and Mini∣sters: Colonell for the Foot, the Earl of Murray. And the Estates of Parliament recommends to the Com∣mittee of Warre of the Shire to have consideration of the vastation of the Sheriffdom of Nairne, and the like consideration for the Town of Innernes, in respect of its great and extraordinary condition.

Out of the Earle of Seaforth and Lord L……is divi∣sion of Innernes. 1000. Foot, and 120. Horse, Colo∣nell for the Foot the Barron of Kilrao••. And the Estates of Parliament remits to the Committee of 24. to make an just division betwixt the Earle of Seaforth and Lord L…… division foresaid.

Out of the Earl of Seaforths part of Innernes, Su∣therland and C••••hnes 1600. Foot, and 120. Horse, Colonells for the Foot, the Earl of Sutherland, or in∣case of his refusall, the Laird of Duffus, and the Laird of ……kill, and in case both Sutherland and Duffus re∣fuse, the Laird of L……r, so in this case the Lairds of 〈◊〉〈◊〉 and 〈◊〉〈◊〉 to be Colonells, and the Estates remits to the Committee of 24 to cl…… this division.

Out of the Marques of Argyles division of ……es and Badzenoche, 1000. Foot, Colonell, the Laird of Macheleoud or his brother Rorie.

Out of the Sheriffdom of Bute, 50. Foot.

Out of the Sheriffdom of Dumbartan in place of their Foot 40. Horse, and this case of their former Leavies to be given to these Parishes who has had greatest lost by the Enemy. And in particular, the Barrony and Parrochine of Lenzie, and each Horsman to be rated at 160. l. and the Town of Dumbartan to be exeemed from Ten of their old proportion.

The Sheriffdom of Argyle exeemed.

Out of the Sheriffdom of Orkney 1000. Foote, Co∣lonell, the Earl of Morton or any that he shall appoint who is capable thereof, according to the Laws of this Kingdom.

Follows the List of the Colonels of Horse, with their proportions of Horse out of the severall Shires.

The Earle of Arroll, out of the Sherifdom of Aber∣deen, 80. Horse.

The Earl of Merschell, out of the Sherifdom of Kin∣cardine. 54. horse, and part of Aberdeen 26. Horse, 〈◊〉〈◊〉 80. Horse.

The Earle of Buchane, out of the Sheriffdome of Forfar, 70. Horse, and out of the Sheriffdom of Bamff, 10. inde. 80. Horse.

The Earle of Dumserling, out of the Sheriffdome of Fyfe. 80. Horse.

The Earl of Landerdail, out of the Sheriffdom of of Hadintan, 80. Horse.

The Earl Traquair, out of the Sheriffdom of Peebles. 40. Horse, and out of the Sheriffdom of Drumfreis. 40. Horse. inde 80. Horse.

The Earl of Dalhoussie or his son, out of the Sheriff∣dom of Edinburgh. 80. Horse.

The Earl of Lanerek, out of the Sheriffdoom of La∣nerk, 80. Horse.

The Vicount of Kenmure; out of the Sheriffdom of of Wigtonne and Kirkendbright, 80. Horse.

The Vicount of Dudhope, out of the Sheriffdom of Forfar 70. Horse, and out of the Sheriffdom of Bamff, 10. Horse, inde 80. Horse.

The Vicount of Fendraught, out of the rest of the Sheriffdoms of Aberdeen and Bamff, not formerly as∣signed 80. Horse.

The Lord Sinclare, out of the Sheriffdom of Fyfe 80. Horse.

The Lord Spynie, out of the Sheriffdoms of Stirling and Clackmannan, 80 Horse.

The Lord Balcarras, out of the Sheriffdom of Fyfe 80 Horse.

The Lord Mountg••mery, out of the Sheriffdoms of Air and Renfrew 80 Horse.

The Lord Levinstonne, out of the Sheriffdom of Edinburgh 80. horse, and out of the Sheriffdom of Lin∣lithgow 60. horse, inde 80. horse.

Lievetenant Generall David Lesly out of the She∣riffedom of Pearth, 80. horse.

Generall Major Midletonne, out of the Sheriffdoms of Roxburgh and Selkirk, 80. horse.

Colonell Sir Iohn Broune, out of the Sheriffdomes of Roxburgh and Selkirk 40. Horse, out of the Sheriff∣dom of Berwick 20. Horse, and out of the Sheriffdom of Hadingtoune 20. Horse, inde 80. Horse.

Colonell Robert Montgumrie, out of the Sheriffdoms of Air and Renfrew. 80. Horse.

Colonell Hary Barcley, out of a part of Aberdeen Shire, and Bamff 80. Horse.

Colonell James Merser of Aldie, out of the Sheriff∣dom of Pearth 80. Horse.

Colonell William Lockhart of 〈…〉〈…〉 out of the Sheriffdom of Lanerk 80. Horse.

Colonel Sr. William Keith of Ludquhairne, out of the Sheriffdoms of Stirling and Clakmannan 40. Horse, out of the Sheriffdom of Lanerk 20. Horse, and out of the Sheriffdom of Dunbartan 20. Horse, inde 80. horse.

Colonell Alex. Stranchane out of the Sheriffdom of Pearth 80. horse.

Colonell Gilbert Ker, out of the Sheriffdoms of Roxburgh and Selkirk 80. Horse.

Col. Sir Mungo Murray, out of the Sheriffdom of Dumfreis 80. Horse.

Col. David Barcley, out of Innernes and Murray 80. Horse.

Col. William Urry, out of the Sheriffdom of Ken∣frew 40. Horse; out of the Sheriffdom of Dumbartan 20. horse, and to receive 4000, Marks money, inde 80. Horse.

Col. Hugh Frasar out of the rest of the Sheriffdom of Innernes 80. horse.

Col. Innes younger of that ilk, out of the Sheriffdoms of Elgine and Nairne 40. Horse, and the

rest of Innernes & Sutherland 40 Horse inde 80. Horse

Col. Innes Quartermaster, out of the She∣riffdoms of Elgine, Nairn, and that part of Innernes one this side Nesse, 80. horse.

Col. John Home, out of the Sheriffdom of Berwick 80. horse.

Col. James Macdowell of Garthland, out of the Sheriffdom of Wigtoun 40. horse, and out of the next adjacent of Air to Wigtoun 40 horse, inde 80. horse.

And the Estates of Parliament Ordain the Cleark of Register to cause Print the foresaid Act abovemen∣tioned, with the Lists respective abovewritten, thereto subjoyned.

Alex. Gibson, Cler. Regist.

FINIS.