Quadragesimo die parliamenti
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Prayeres said, rolles called.
The estates of parliament haveing heard and considdered the supplicatione of Mr Andro Ker, quartermaister to the erle of Lothianes regiment, craveing satisfactione for some soumes due to him and his umquhile father and uncle out of the landes of Yair quhilkes wer selled be them to Patrike, late erle of Forth, as the supplicatione proportes, the estates hes remitted and heirby remitts the said supplicatione and desyre therof to the committy appointed for selling the foirfault landes and trying of the creditoures rightes to be considdered and determined be them according to the power of their commissioune.
[1645/1/131]*[print] [email] [cite] [preceding] [following]
Anent the supplicatione givine in to the estates of parliament be Lieutennent Collonell Thomas Moffat, father to umquhile Thomas Moffat, major to the erle of Buccleughes regiment, beirand that it hathe pleased God to call for the said umquhile Major Thomas Moffat as he wes in actuall service at the intakeing of Newcastle, where he behaved himselfe so weill as he hes obteinit the approbatione of all his superior officeres, hes died with regrat of all officeres that wes witnes to his cariage and to the great lose and greife of his parentes, especiallie of his mother who wpoun the report of his death conceaved such heavie greife and melancholie that shortlie thaireftir shoe depairted this life, and that the only hoipes and comfort of the supplicant, his father, dependit wpoun the lyfe of the supplicant, his sone, and that his brether and sisteres hes suffered ane double loise, both of thair mother and brether, and are left in ane desolate caise, and therfore desyreing some recompence to be granted to the rest of the supplicantes childrine for the loise abonewrittin and that warrand may be givine to the generall commissarie or otheres collectoures of the publict rentes for payment therof and of the defunctes haill bygone arreires, that thereby not only otheres may be encouraged to hazard thair lyves in the publict service, bot the supplicant lykewayes engadged to continow in his fidelitie and sinceere affectione to his native cuntrey and the good cause, as the supplicatione proportes. Quhilke supplicatione being reported and red in audience of the parliament from the committie appointed for the loises and the parentes and freendes of these officeres killed in the publict service, and the samene supplicatione, with the desyre thereof and opinione of the foirsaid committie thairanent, being heard and considdered be the estates of parliament, the saides estates doe heirby give precept and warrand to the generall commissarie and his deputes to make payment to the supplicant of the haill bygone arreires of the said umquhile Major Thomas Moffat quhilke be fund due and wnpayed eftir compt, quhairanent the estates declaire thir presentes shall be a sufficient warrand. And als the estates declaires that they will take to thair farder consideration the loise of the supplicantes sone in the publict service and the recompence craved theirfore when the estates are able to pay the samene recompence as they shall thinke fitt eftir consideration therof as said is.
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The estates of parliament, now conveened in the second sessione of this first triennial parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, takeing to thair consideration the great prejudice and danger which the kingdome and religione heath allreddie susteened by the late invasione of the Irishe rebelles and our wnnaturall cuntreymen, and how necessary it is incumbent to them, being now conveened, to provyde all speedie and solid remedies aganes the same, for which effect, finding it most expedient that not onlie this kingdome may be pute in ane just posture of defence but also that ane constant and setled way may be established for prosecuting with God's assistance the warre aganes the saides invaders in ane hostile maner to thair wtter overthrow and destructione, have therefore thought fitting, for the more speedie executione heirof and for leveying and recruteing thair forces eftirmentioned and for the constant mentenance of the same in the most easie and proportionable equall way for the leiges, to enact, statute and ordeane, lykeas for that effect they enact, statute and ordeane thir presentes falloweing to be obeyed and observed by all the subjectes of this kingdome wnder all the paines heireftir exprest: in the first that the cuntrey may be frieed of quarteringes, billetings and plunderings and that the laboureres and tradsmen may doe thair labour at home except wpoun extreme necessitie, it is thought fitt for the ease of the kingdome and most certane for the pay of the army that everie shire and burghe shall interteene from the first day of Marche nixtocome to the last day of August nixt thaireftir inclusive a proportione of [forces]†, horse and foot, alsweell souldier as officer, according to the reule of loan and taxt extending in the particular to the nomber and soumes conteined in the rolles falloweing, which is declaired to be the tuo pairt of the pay due to be payed within Scotland to the officeres of horse and foot and to the souldieres of foot and fourteene shillings to the trooper, the third to run in arreires to the saids officeres and foot souldieres and four shillings to the horse and a proportionable pairt to the dragooneres. Hier falloues the tennour of the saides rollis payable to the officeres of horse, foot and dragouneres by the shyres and burrowes conforme to the divisione and proportione falloweing, viz: the monethlie pay of the regiment of horse in their quarteres being the tuo pairt of their pay conforme to the Scots establishment, officeres of the staffe: collonell per mensem 333 lib. 6 s. 8 d., lieutennent collonell 200 lib., major 133 lib. 6 s. 8 d., minister 26 lib. 13 s. 4 d., regiment quartermaister 45 lib., chyrurgeoun 30 lib., eight rootmaisteres, each of them 100 lib., per mensem inde 800 lib., eight lieutennentes, each of them 45 lib., per mensem inde 360 lib., eight cornetes, each of them 36 lib., per mensem inde 288 lib., eight quartermaisters, each of them 30 lib., per mensem inde 240 lib., tuentie four corporalles, each of them 24 lib., per mensem inde 576 lib., eight trumpetteres, each of them 20 lib., per mensem inde 160 lib., 600 trouperes, eache of them 14 s. per diem is tuentie ane pund, per mensem inde 12,600 lib., the monethly pay of ane regiment of foot in thair quarteres conforme to the Scotts establishment being tuo pairt of their pay, collonell per mensem 222 lib. 4 s. 4 d., lieutennent collonell per mensem 133 lib. 6 s. 8 d., major per mensem 88 lib. 17 s. 4 d., minister per mensem 26 lib. 13 s. 4 d., regiment quartermaister per mensem 30 lib., chirurgione 30 lib., drumer major per mensem 12 lib., regiment scriver per mensem 20 lib., proveist mershell per mensem 12 lib., ten captanes per mensem 666 lib. 13 s. 4 d., ten lieutennents per mensem 300 lib., ten ensignes per mensem 240 lib., tuentie serjantes per mensem 200 lib., therttie corporalles per mensem 240 lib., ten captanes at armes per mensem 100 lib., nynteene drumeres per mensem 152 lib., ane thousand commoune souldieres per mensem 6,000 lib. Falloues the soumes monethly payable according to therty dayes per mensem, togidder with the nomber of men to be interteaned by the shyres and burghes according to the taxt, viz: Orknay, 127 men: monethlie pay 1,143 lib.; Innernes, 464 men: monethlie pay 4,176 lib.; Caithnes, 105 men: monethlie pay 945 lib.; Cromarty, 11 men: monethlie pay 99 lib.; Sutherland, 47 men: monethlie pay 423 lib.; Nairne, 35 men: monethlie pay 315 lib.; Elgine, 210 men: monethlie pay 1,890 lib.; Aberdene, 727 men: monethlie pay 6,543 lib.; Banffe, 159 men: monethlie pay 1,431 lib.; Kincardine, 174 men: monethlie pay 1,566 lib.; Forfarr, 556 men: monethlie pay 5,004 lib.; Pearth, 889 men: monethlie pay, 8,001 lib.; Fyffe, 738 men: monethlie pay 6,642 lib.; Stirling, 282 men: monethlie pay 2,538 lib.; Kinrose, 16 men: monethlie pay 144 lib.; Clakemanan, 058 men: monethlie pay 522 lib.; Edinburgh, 463 men: monethlie pay 4,167 lib.; Linlithgow, 194 men: monethlie pay 1,746 lib.; Haddingtoune, 376 men: monethlie pay 3,384 lib.; Berwicke, 394 men: monethlie pay 3,555 lib.; Roxburghe, 642 men: monethlie pay 5,778 lib.; Selkirke, 142 men: monethlie pay 1,278 lib.; Peebles, 182 men: monethlie pay 1,638 lib.; Lanerke, 598 men: monethlie pay 5,382 men†; Air, 674 men: monethlie pay 6,066 lib.; Wigtoune and stewartrie of Kirkecudbright, 486 men: monethlie pay 4,374 lib.; Dumfreis, 494 men: monethlie pay 4,446 lib.; Renfrew, 245 men: monethlie pay 2,205 lib.; Dumbartane, 137 men: monethlie pay 1,233 lib.; Argyle, 323 men: monethlie pay 2,907 lib.; Bute, 51 men: monethlie pay 459 lib. Fallowes the sowmes payable monthly togidder with the nomber of men to be interteaned by the burrowes: Edinburgh, 574 men at 6 s. per diem, inde per mensem 5,166 lib.; Pearth, 110 men at 6 s. per diem, inde per mensem 990 lib.; Dundie, 186 men: monethlie pay 1,674 lib.; Aberdene, 160 men: monethly pay 1,440 lib.; Stirling, 36 men: monethlie pay 324 lib.; Linlithgow, 30 men: monethlie pay 270 lib.; St Androis, 60 men: monethlie pay 540 lib.; Glasgow, 110 men: monethlie pay 990 lib.; Air 41 men: monethlie pay 369 lib.; Haddingtoune, threttie sex men: monethlie pay 324 lib.; Dysert, 30 men: monethlie pay 270 lib.; Kirkecaldie, 46 men: monethlie pay 414 lib.; Montroise, 53 men: monethlie pay 477 lib.; Couper, 24 men: monethlie pay 216 lib.; Anstruther Eister, 31 men: monethlie pay 279 lib.; Drumfreis, 44 men: monethlie pay 396 lib.; Innernes, 40 men: monethlie pay 360 lib.; Breichine, 20 men: monethlie pay 180 lib.; Irwing, 23 men: monethlie pay 207 lib.; Elgine, 20 men: monethlie pay 180 lib.; Jedburghe, 18 men: monethlie pay 162 lib.; Wigtoun, 15 men: monethlie pay 135 lib.; Pittineweyme, 15 men: monethlie pay 135 [lib.]; Dumfermeling, 12 men: monethlie pay 108 lib.; Dumbartan, 12 men: monethlie pay 108 lib.; Renfrew, 10 men: monethlie pay 90 lib.; Lanerke, 16 men: monethlie pay 144 lib.; Kirkecudbright, 20 men: monethlie pay 180 lib.; Aberbrothoke, 10 men: monethlie pay 90 lib.; Bruntyland, 16 men: monethlie pay 144 lib.; Peebles, 10 men: monethlie pay 90 lib.; Carraill, 24 men: monethlie pay 216 lib.; Kinghorne, 14 men: monethlie pay 126 lib.; Thayne, 12 men: monethlie pay 108 lib.; Selkirke, 10 men: monethlie pay 90 lib.; Anstruther Wester, 6 men: monethlie pay 54 lib.; Cullros, 12 men: monethlie pay 108 lib.; Dumbar, 12 men: monethlie pay 108 [lib.]; Banff, 8 men: monethlie pay 72 lib.; Whithorne, 5 men: monethlie pay 45 lib.; Forfar, 6 men: monethlie pay 54 lib.; Forres, 6 men: monethlie pay 54 pund; Rothesay 5 men: monethlie pay 45 lib.; Rotherglen, 5 men: monethlie pay 45 pund; Northberwicke, 4 men: monethlie pay 36 lib.; Culane, 4 men: monethlie pay 36 lib.; Nairne, 4 men: monethlie pay 36 lib.; Lauder, 5 men: monethlie pay 45 lib.; Innerkeithing, 10 men: monethlie pay 90 lib.; Killrynnie, 3 men: monethlie pay 27 lib.; Annand, thrie men: monethlie pay 27 lib.; Lochmaben, 3 men: monethlie pay 27 lib.; Sancheir, 3 men: monethlie pay 27 lib.; Galloway, ane man: monethlie pay 9 lib.; Quenesferrie, 7 men: monethlie pay 63 lib. Item, it is ordeaned for prosecutione of the warre aganes the rebelles within the kingdome that there be made wp of the present regiments wpoun foot by recrues or otherwayes nyne thousand foot, and these to be in ellevine regimentes, each regiment in eight or ten companyes, and in each company, 100 men, and where they are to be recruted, that each company be made wp of 126 men where the same may be commodiouslie gottine done; and that sex hundreth horse be imployed in this service with their officeres and commanderes to be made wp and commandit as the parliament or thair committies have givine or shall give order; and that the 500 dragooneres with a lieutennent collonell majore and other inferiour officeres to be devydit in eight companyes and to be payed conforme to the roll of establishement; which officeres and souldieres are to be interteaned at the rates conteaned in the table abovewrittin, which they are to receive duelie in money and provisiones monethlie, the one halfe at least in money and the other halfe in oatmeall or othir provisiones usefull for the army at the ordinarie rates for the tyme. And for the bettir collecting and ingathering of the saides soumes of money for payment and interteanement of the saides officeres and souldieres, the estates nominates and appointes Sir Adame Hepburne of Humbie, generall collectour, with power to him to substitute deputes in ilke shyre, and that other collectores in burghes and paroches be appointed in sikelyke maner as is conteined in the act of taxt and loan; with power to the said generall collectour to appoint a clerke of electioune, whiche collectour deputes (alsweill of shyres as brughes and paroches) and clerke of collectioune shall have such lyke fies as is allowed in the said act of taxt and loane and that to be wplifted out of the shyres and paroches by and attor the said mentenance, and the burghes to be frie in respect they collect there taxt wpoun their owne chairges. Item, if any shyre, burghe or persone thereine designed be deficient in paying their monethlie proportione so that the souldieres for want be put to quarteres in ony other shyre or brughe, in that case it is ordeaned that the shyre or brughe who shall quarter the officeres or souldieres shall have repetitione of the failzies with a third pairt more in name of failzie, and eftir compt and reckoneing with the commanders of these regimentes or troupes the shyres or brughes shall have assignatione pro tanto, and a third pairt moire to their localitie for thair releiffe and satisfactione; and incaise of their refuisall, the committie of estates with the army is to give order theiranent to the committie of warr of the shyre, designed by the estates being conjunctly lyable for the proportione of the shyres, and the magistrates of brughes for the brughes, except for such landes of brughes as shall be fund be the committy of estates with the army to be still possessed by the enemy or to have bene alltogidder brunt and waisted be them so that they cannot be proffitable to the heritoures, which deficiencie is to be supplied by the committie of estates out of the fynes, foirfaultores or ony other moneyes due to the publict, and the committie of warre to have thair releife of the disobedientes double and als to have the assistance of the forces if they requyre the samene; and with power to the saids committies of warre in everie shyre (who are heirby declaired to be lyable in the monethlie mentenance due to the souldieres) to call wnto them any heritor within there shyre respective and to cause them bind with the said committie for all soumes of money to be contracted for the said mentenance, but it is allwayes provydite that the brughes that shall happine to be wpoun the saides committies of warre of the shyre shall be no further lyable nor ansuerable for the mentinance due be the shyre bot allenerlie for the landes perteaneing to the saids burgess lying within the shyre if they any have. Item, to the effect that the shyres and brughes be not deceived with false musteres and so pay for men who are not really in service, it is ordeaned that these who shall be appointed for mustering shall monethlie as they shall be requyred take a survey of eache regiment and company (alsweell horse [and] foot as dragooners) and that the shyres and brughes who shall pay their proportione or shall happine to quarter them may have one with such as shall be appoynted to the committie to muster them if he be present with the army; otherwayes in absence of that muster maister, the persones so nominat by the shyre or brughe may muster them; and these officeres who are requyred to muster their men and refuises shall foirfault their place and bygone pay; and quhatsoevir horse shall be fund to be [made] wse of for makeing of false musteres, the horse shall be confiscat and the owner of the horse shall pay ane hundreth pundes to the publicke whensoever it shall be tryed; and a footmane who shall be made use of for makeing of false musteres shall be punishable by scourgeing or burneing; and the rootmaister, captane or any other officer of horse, foot or dragouneres [who] shall be fund guiltie of such false musteres shall loise his place instantlie and all his bygone pay. Item, it is ordeaned that magazines of victuell be provydite out of the moneyes to be raised in pairt of what shall be due and put in convenient and sure places of the kingdome from which it may be most commodiouslie caried to the army, and that there be proveant maisteres appointed alsweell for the north as for the south; and to the end that these magazines may be tymeouslie provydit, the proveant masters are appointed to goe aboute the same diligentlie and the shyres and burghes are heerby ordeaned befor the first day of Aprile nixt to advance thrie monethes of the soumes layd wpoun them. And becaus by the present stent laid wpoun the shyres the burdeine may be wnequall, which cannot presentlie be knowne in respect the valuationes of loan and taxt are not come in, it is appointed that the whole valuationes within the kingdome not allreddie brought in to the clerke of the loan and taxt be brought in before the first day of Maii nixt, done and perfyted conforme to the act of conventione made theiranent, and that they may be compaired by one persone to be appointed for ilke shyre, and the compaireing to be perfyted betuixt and the first day of June nixt; and if it shall be fund that some shyres menteanes more officeres and souldieres then otheres, they shall be eased thairof and ilke shyre proportioned in ane equall way conforme to their rentes; and if the shyre shall failzie and not bring in the valuationes betuixt and the said first day of Maii nixt, they shall not only be debarred from ony benefite or ease to be granted to them, but also shall beare the burdene of any ease [that] shall be granted to these shyres who shall be fund to be overburdened; and for the burrowes pairt of this taxt, it shall be rectified and altered according as their taxt roll shall be altered. Item, the retentione of sex for the hundreth of annuelrentes to be for the yeere of God jM vjC fourtie fyve, viz: from Mertimes jM vjC and fourtie four to Mertimes 1645 yeires, provydeing allwayes the annualrentes be fullie payed within the same yeere 1645, otherwayes no retentione to be granted by the creditour who notwithstanding heirof shall have power to chairge his debtour at any terme conforme to his band. Item, that all heritores of land within burghe or pendicles and liberties therof, all burgess [and] all trafficquhairs exerceising any trade shall be subject to taxatione within burghe, but prejudice for the tyme to come of the whole memberes of the colledge of justice, their former rightes, priviledges and immunities quhairwith for the present, in regaird of the present exigencie, they doe dispence. Item, it is ordeaned that no suspensione be granted of any chairge to fallow wpoun this present act without a dischairge from the pairtie, chairger, or consignatione of the soume chairged for (if so be it be wpoun a speciall chairge), and whilke consignatione shall be made in the handes of the collectores respective, viz: in the handes of the collectores within the shyre for the shyre and within the burghe for the brughe, pendicles and liberties therof, including within the pendicles of Edinburgh, the houss, tenementes and yairdes within Leith, Cannogait and Pleasance sua farr as perteanes to the toune of Edinburghe in propertie or superioritie and within the pendicles of other burrowes all that have bene in use to be taxed with them; and all other suspensiones to be null; and that it be granted by the committie of estates; and these suspensiones to be past by the clerke register and his deputes wpoun productione of the dischairge from the collectours for the shyres or brughes or a testificat that the soumes were consigned in thair handes; and the samene suspensiones to be discussed by the committies or estates of parliament. Item, it is statute and ordeaned that all fynes, foirfaulters, moneyes for forefaulted landes, rentes and otheres past and done in this sessione of parliament and in tymecomeing shall be imployed for the present wse of the army; as also that all fynes, foirfaultes, moneyes for foirfaulters past and done in the former sessione of this parliament which are not allreddie disposed wpoun by the said former sessioune of parliament or there committies shall be lykewayes imployed to the wse foirsaid. It is allwayes expresslie declaired, statute and ordeaned that no retentione shall be granted of this present mentenance heirby imposed wpoun shyres and brughes for ony debt, cause or occasione whatsomevir, and that no exemptione shall be granted theirfrom to ony persone or persones whatsomevir except only for landes, rentes, annuelrentes and otheres dewties mortified to colledges, schooles, hospitalles, ministeres and readeres stipendes and for wpholding of kirkes and bridges, but that all other heritoures, lyferenteres, taxmen, titulares, proper wodsetteres, pensioneres, conjunctfieres and lady terces and otheres subject to the valuatione within shyres or brughes wherby proffit or commoditie aryses shall be lyable to there proportionable pairt of this mentenance and that the landes and teyndes shall pay as they [lye]† locallie in shyres and not by annexatione, conforme to the act of conventione for taxt and loan. Further it is declaired that the payment of the said mentenance to be made be the shyres shall begine the said first day of Marche nixtocome and pay for the first four monethes conforme to the former valuatione and thaireftir as they shall be rectified and givine in by the shyres eftir the samene shall be reveised by the former valueres; for the which effect, the estates of parliament renues the former commissione granted by act of conventione. And finallie it is declaired and ordeaned that the lettires and chairges to fallow wpoun this present act and ordinance shall be raised at the instance of the generall collectour and his deputes aganes the committies of shyres and magistrates of burrowes and letteris for their releiffe at the instance of the committie of the shyre and their collectores aganes heritores, feweres, fermourers in the commoune forme, and all these letters to be directed in the samene maner with the same provisiones and with the same certificationes conteened in the act of conventione of estates made for the loan and taxt.
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The estates of parliament grantes heirby power and warrand to the committie for the billes to examinat the tutour of Duffus, his witness, wpoun his supplicatione aganes Sir Walter Innes of Bavanie and the wtheres persones sommondit wpoun that supplicatione.
[1645/1/134]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveend in the second sessione of this first trienniall parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, finding it necessarie for the good of this present expeditione and saiftie of the kingdome that all meanes be used for the bringing out of the deficientes and runnawayes of the former leaveyes, doe therfore heirby ordeane the committie of warr of the shereffdome of Stirling to command all these deficientes and runawayes of that shyre belonging to the laird of Buchannanes regiment to be brought and repair to thair officeres and cullours of that regiment formerlie appointed for the laird of Buchannanes regiment be order and warrand of the comitty of estates, and for this effect ordeanes the committie of warre of the said shyre to put the haill orderes and actes of parliament and actes of the committie of estates made aganes deficientes, runnawayes and their resetteres to due executione, conforme to the tennours theirof and with certificatione thairin contenit; and for the moire speedie and reddie outputing of the saides deficientes and runnawayes of the shereffdome of Stirling belonging to the laird of Buchannanes regiment, the estates ordeanes the lettires of horneing allreddie granted to be put to executione at the laird of Buchannanes instance as collonell of his regiment aganes these deficientes and runnawayes of the shyre of Stirling formarlie appoynted for his regiment and their resetteres, conforme to the tennour of the saides lettires of horneing in all pointes; and the estates declaires that, in respect this is the third leavie put out be the shireffdome of Stirling, they give heirby assurance to that shire that they will have consideration therof in any subsequent leavies to be lifted for sike allowance thairn to that shyre as they may be mad proportionall and put in equall footing with other shyres anent the outputing of horse and foot; and in the meanetyme the estates allowes and give orderes to the laird of Buchannan, who is ane commissioner of this present parliament, to repair hoame to the effect abovementionat, and ordeanes him to be cairfull and sie wnto the preveeneing of ony outbreaking in the braes by loose men theire.
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The estates of parliament, finding it necessary for the good of the present expeditione and saiftie of the kingdome that all meanes be used for bringing wp of the deficientes and runnawayes of the former leveyes, doe therfore recommend and give warrand to the erle of Glencairne to conveene the committies of warre of Air and Renfrew and their to take some present course for bringing wp the deficientes and runnawayes of the eight man of these shyres formerlie appointed for his regiment and to sie the severall actes [and] orderes and† is sent from the parliament for that purpose put to due executione. And becaus the saides shereffdomes hes not put out their horsemen for the third levey, theirfore the saides estates ordeanes them to put out presentlie 200 footmen weell armed with musket, picke and suord and furnished with eight dayes provisione to be a recrue wnto the said erle of Glencairnes regiment; Quhilke being done, the estates recommendes to the said erle that with all expeditione they marche towardes the bodie of the regiment.
[1645/1/136]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveened in the second session of this first trienniall parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, finding it for the good of this present expeditione and saiftie of the kingdome that all meanes be used that may further and advance the same, doe therfore heirby give warrand and command to Johne, erle of Sutherland to raise and lifte the eight man of his divisioune for strenthening of his owne regiment, and for this effect ordeanes the committie of warr within the erle of Sutherlandes divisione to be assisting to him in the lifting and outputting of the said eight man within the same divisione for strentheneing of the erle of his said regiment, and to put all actes and orderes formerlie made anente deficientes and runnawayes and anent the outputing of the eight man to due executione for lifting of the eight man within the haill boundes of the erle of Sutherlandes divisione for strentheneing of his owne regiment as said is.
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The estates of parliament, now conveened in the second sessione of this first trienniall parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, haveing tane into their consideration the present condition and estate of the kingdome and how that many places and persones are heavilie opprest, waisted and distroyed by some wnnaturall cuntreymen assisted by a nomber of Irishe rebelles, they find it necessare and expedient that the warre be prosecute aganes them; and for the bettir manageing theirof, have thought fitt to imploy Williame Baillie of Lethame, lieutennent generall of the foot, to command in the said service. Lykeas the saides estates, with consent of the lord generall, his excellence, by thir presentes gives full power, authoritie and commissione to the said lieutenuent generall to lead and command the haill forces, horse or foote that are or shall be within this kingdome and to give out orderes and directiones to all wnder officeres and commanderes, and generallie to doe everie other thing necessarie for the good of the service and persueing the saidis rebelles, their assistantes and associates, requyreing and commanding heirby all and everie ane to be aiding and assisting wnto him and his orderes, provyding allwayes the said lieutennent generall be comptable to the parliament, conventione of estates or thair committies. This present commissione to be without prejudice of ane commissioune granted to the generall officers of the army in England or of any actes of parliament made in their favoures theiranent and to indure ay and whill the same be dischairged by the parliament, conventione of estates or their committies in that behalfe appointed.
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The estates of parliament, now conveend in the second sessione of this first trienniall parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, finding it necessar for the bettir governement of the forces now lifted and to be lifted within this kingdome who are employed in the prosecutioun of the warr aganes wnnaturall cuntriemen and Irishe rebelles who doe opprese, spoile and waist the same that sufficient and expert officeres be placed over them, and knoweing Sir Johne Hurrey to be a persone weell qualified for the purpose, they doe theirfore heirby nominat and appoint and constitut the said Sir Johne Hurrey a generall major of horse and foot within this kingdome for this expeditione, giveand wnto him the said place with all the priviledges thairwnto belonging, commanding all whom it consernes to acknowledge and obey him in what perteanes to the said chairge. This commissione to indure ay and whill it be dischairged by the parliament, conventione or their committies.
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1. The estates of parliament considdering that the erle of Lothian's regiment and the laird of Lawers' regiment who are now imployed in service within this kingdome are ane pairt of the Scotes army in Ireland and most receive orderes from their owne generall officeres, therfore they ordeane the erle of Lothiane who is lieutennent generall of the Scotes army in Irland to send, command and order wnto his owne and Lawers' regimentes to obey all orderis comeing to them from Lieutennent Generall Baillie.
2. The estates of parliament appointes Sir Johne Hurrie to serve as generall major to foot and horse within this kingdome and appointes him collonell of the regiment of dragouneres which is to be lifted within the kingdome.
3. The estates appointes tua hundreth men of the erle of Lanerkes regiment, as also that Orchyardtounes company shall be made dragouners; and for mounting of them, that fiftie merkes be payed to the officeres for ilke souldier and some speedie course be tane for cloathes and shoes to them.
4. The estates ordeanes Ballcarras regiment and all such other horse as Lieutennent Generall Baillie can spaire be commandit to marche with Generall Major Hurrie presentlie to Aberdeneshyre and Lieutennent Generall Baillie to be acquainted thairwith. And ordeanes Lieutennent Generall Baillie to give Hurrie warrand to raise the cuntrie in caise he shall find necessitie and to lifte the tuelfescoir dragouneres appointed to be lifted in Aberdene and Banffe shyres, which are to be joyned to make wp his owne regiments; and ordeanes lettires to be writtine to the noblemen and gentillmen of these boundes to assist and concurre with him.
5. The estates of parliament ordeanes the erles of Craufuird and Lauderdaill, their regimentes to have their recrues out of the eight man of the sherreffdome of Angus according to the act of the committie, and ordeanes the committie of warre of that shyre to send to the officers of the saides regimentes a list of the nomber laid wpoun each paroche of that shyre in the first leavie, that accordinglie the recrues may be proportionallie brought out of the saides paroches and be all in reddines armed with musket, pike and suord betuixt and the eight of March.
6. The estates of parliament ordeanes the erle of Lothiane and laird of Laueres regimentes to be recruted out of the eight man of the shyres of Aberdene, Bamff and Murray according to the act of the committie of estates, and that without regaird to ony testificats quhatsomevir of ony persones beirand that thair eight man wer sent into Ingland, in respect it is evident that all the men which are come out of these shyres into Ingland are farr within the nomber of the fourt man imposed wpoun them be the first leavie.
7. The estates of parliament commands and ordeanes that the deficientes and runnawayes of the Lord Elchoes regiment be commandit by the committie of warre in Fyiff to be brought bake to their cullours whereby that regiment will be made fyve hundreth men, and ordeanes letters of horneing to be derected at my Lord Elchoes instance for that purpoise.
8. Item, the estates ordeanes the lyke for deficientes and runawayes of the erle of Craufuirdes regiment.
9. The estates of parliament ordeanes the lyke for the deficientes and runnawayes of the erle of Murrayes regiment.
10. The estates of parliament ordeanes executione to be used wpoun the band granted be the Lord Loure and otheres subscryvers thereof for payment to the publict of the soumes thereinmentionat, in regaird Ballcarras horsmen cannot marche without that money; and ordeanes the Lord Loure and otheres granteres of the said band to have their releiffe.
11. The estates of parliament ordeanes the erle of Lothiane to writ to Generall Major Monro for 1,000 commandit men of that army in Ireland to be in reddines to be transported to this kingdome, and ordeanes that nomber to be made wp agane from this to the Scotes army in Ireland, and the estates declaires that they will writ and send a man of qualitie to Ireland for this effect.
12. The estates of parliament considdering that for makeing of the armie to marche it will be necessar some money be provydit, theirfore they ordeane the commissioners of shyres and burghes to bring in from their saides severall shyres and brughes betuixt and the fyfteene day of March nixt ane monthes advancement of the taxatione layde one their shyres and brughes for mentenance of the armie; and for the bettir advancement heirof, ordeanes the commissioneres of the shyres and burrowes with the noblemen, barrones and burroues respective within the shyres and burghes to be assisting for ingathering of the first monethes provisione and advancement theirof presentlie, and ordeanes the whole haveand entres in the shyres and burghes, both commissioners and otheres, to bind for securitie of the money where the samene may be hade.
13. The estates of parliament gives warrand to the erle of Seaforth to lift the eight man of his divisione for strenthening his owne regiment.