Forsameikle as in the moneth of September 1643 the estates then conveend, considdering the danger of religione, his majesties persone and authoritie and peace of the kingdome by papistes, prelates and their adherents then in armes in England and Ireland, did ordeane the kingdome to be put in a posture of defence and made choose of collonelles for horse and foote and appointed the committies within the severall shyres and boundes of the kingdome for that effect and for makeing perfitt listes of the fensible persones betuixt sextie and 16 and sieing them provydit with armes conforme to the act of posture then made; lykeas in the moneth of Februarii 1644 thereftir the saides estates, being sensible of the desolationes of Ireland, the blood shedd in Ingland and encreasing dangeres of the kingdome which moved them to sett forth ane armie in persueance of the covenant and therby to emptie the kingdome of great nomberes of armes and amunitione, did, for strenthening of the same aganes intestine commotiones and forrane invasione, renue and enlarge the said act of posture of defence, and the executione thairof wes oftine and most seriouslie wrged by the committie of estates wpoun incidentes meerlie conserneing the saiftie of the kingdome, which notwithstanding by the securitie and neglect of the most pairt of the cuntrey, hath takine small effect, to the sensible and deplorable loise of the kingdome and advantage of the enemy, speciallie James Grahame, sometyme erle of Montroise, the Irish rebelles and otheres degenerat and perfidious cuntreymen who have cruellie killed and murdered great nomberes of the subjectes, depopulat and waisted many pairtes of the cuntrey and are goeing one with full resolutione to wndoe the whole natione and overthrow the liberties of kirke and kingdome so happilie established by Godes providence. For remeed wherof, as all good patriotes and true Christianes ought to take this matter deeplie to heart and spare no panes, expenss nor thair owne persones in persueance of there covenant (to the which they are so straitlie tyed before God and man) aganes this intestine enemy and forrane threatened invasione, so the estates of this kingdome presentlie conveened find themselves bund in conscience and duetie to presse the said act of posture of defence and sie the same presentlie put in executione, and doe therfore statute and ordeane the collonelles and committies of warr foirsaid appointed in each shyre to muster the whole fensible persones within the shyre wpoun one day everie parishe within some pairt of the boundes of there presbetries to be designed by the committies and collonelles, by whom some are to be appointed to make wp the list of the saides fensible persones armed and wnarmed so as it may be knowne that none shall barrow armes from otheres and how many and what sortes of armes are wanteing and to be provydit for everie shyre. The musteres of these be south Dee to be betuixt and the last Tuyseday of Marche instant and these be north the water of Die betuixt and the tent day of Aprile nixt, and ordeanes the burrowes within the boundes respective foirsaides to make there musteres within themselves conforme to the former actes of convention and to make their reportes accordinglie. And if any fensible persones betuixt sextie and sexteine be not allreddie provydit with armes, it is heirby statute and ordeaned that they shall arme themselves sufficientlie aganes the said muster day respective wnder the pane of tuentie pund to be payed by each persone who shall be fund be the committie to want a musket and suord and able to buy the same, and ten merkes by each persone able to buy a pike and wanting the same; and where nather yeoman nor servant is able to buy armes, it is ordeaned that their maister or heritour of the land shall be obleidged to buy the same and furnish their men therwith wnder the panes foirsaides. As also statutes and ordeanes the committies of warre in ilke shyre to provyde and lay in magazine tuo pund weight of poulder, four pund weight of matche and ball conforme for everie fensible persone within the shyre, and that the saides committies of warr make report of their diligence to the committie of parliament betuixt and the fyfteinth of Aprile nixt. And to the effect there may be a sufficient nomber of traned men in eache shyre and brughe for the endes foirsaides, the saides estates ordeanes the collonelles and committies foirsaides and magistrates of burghes to reduce the whole fensible persones within there boundes, alsweell to burghe as land, into regimentes, foot companyes and horse troupes, conforme to the former prented actes of the conventione for putting the kingdome in a posture of defence, and ordeanes the whole fensible persones to be dreilled and exerceised in handling their armes everie regiment once in the moneth and everie company and troupe once in the weeke at the places to be appointed by the committies, collonelles and magistrates within burgh, and that each shyre and brughe shall interteane ane able and expert souldier to have the care and inspectione of exerceising the regimentes and companyes of the shyre or brughe. And in regaird of the prevailling and rageing crueltie of the prevailling†enemy within this kindome, ordeanes the captanes of each company to be provydit with drumes and culloures and rootmasteres with trumpetes and cornetes to be in reddines wpoun orderes from the committie of estates to bring furth such proportiones of there regimentes with sufficient furniture, armes and thertie dayes provisione as they shall be requyred, and to be reddie to defend the cuntrie, oppose any invasione, persue the invaderes and be assisting and ayding to otheres and reddie to merche to any place within the kingdome of Scotland where the invasione shall happine to be, or to such places of rendevous as wpoun correspondence amonges these who command shall be thought most fitting for opposing and persueing the enemy; and if any of the heritours be aged and knowne to be infirme, that they send out able men with there best horse and armes; and ordeanes the whole forces, horse and foot to be reddie to merche wpoun adverteisment by puting forth of beacones wpoun the accustomed places or such other adverteisment as shall be givine. And to the effect the forces of the shyres may be the bettir provydit with armes and more speedilie and exactlie brought forth, ordeanes the collonelles or rootmaisteres formerlie appointed in the shyres by the conventioune of estates and theire committies to remane and continowe in that chairge in the saides shyres where they are nominat (except in the sherreffdomes of Kincardene, Aberdene and Banff) the [chief]† chairge and command quhairof is heirby committed to the Erle Mershell, who is also to have his choyse of any ane of the regimentes, horse or foot of these thrie shyres; and appointes the erle of Finlater collonell and laird of Aboyne his lieutennent collonell within the shereffdome of Banff; and the vicount of Frendraucht, master of Forbes, Lord Fraser or the maister of Fraser to have command of the remanent forces within the shereffdome of Aberdene and to have their divisiones assigned to them as the Erle Mershall and their committies of warre in these boundes shall appoint; as lykewayes the same devisiones and conjunctiones of shyres to stand. And lykewayes ordeanes the whole noblemen and committies of warre of the severall shyres and divisiones to meet all in thair owne severall committies in their ordinarie place of meiting within sex dayes eftir the intimatione heirof at the mercat croces of the shyres, and their to determine wpoun the saides regimentes, both horse and foot, and according to the nomber of the same horse and foote within ilke severall shire and divisione to appoint ma collonelles, rootmasteres and otheres officeres necessary for leading and commanding their forces, horse and foot, and to provyde als many armes and amunitione as will arme all the able men of the shyre ather by giveing present money for them or bands for the pryce therof at a certane day, and they to have lettires of releiffe aganes the heritoures for repayment of the same. With power to the committies foirsaides and heritoures to distribut the armes in the severall shyres and divisiones to these persones that wantes, and ordeanes all fensible persones betuixt sextie and sexteene to come forth wpoun adverteisment foirsaid wnder the panes falloweing, viz: ilke nobleman, gentleman, heritour and burges (except Edinburghe and Stirling who are to put all the fensible persone in their toune in posture of defence) wnder the paine of a yeeres rent, ilke yeoman wnder [the paine of]† confiscatione of their whole moveables to the use of the publict and to be farder punished as contemneres of the orderes and authoritie of parliament and breakeres of their covenant. And ordeines ane magazine to be provydite by ilke shyre by the committie of warre in one or more places where they shall thinke the samene may be most secure, and the heritoures to be stented by them therfore, and the burrowes to provyde magazines within themselves. And ordeanes this act to be published.
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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, considdering the abilitie, fidelity and affectione of Sir James Lumisdene, governour of the toune of Newcastle wpoun Tayne and of the gariesone theire, hes ratified and approvine and heirby ratifies and approves the commissione granted by the committie with the army in Ingland and the lord generall to the said Sir James Lumisdene for governement of the said toune of Newcastle wpoun Tayne and gariesone theire, whereby he is made and constitute governour of the toune of Newecastle and gariesoune foirsaid with all fies, liberties and priviledges belonging to that chairge, as the commissione granted in his favoures heiranent in the selfe more fullie proportes in all and sindrie heides, articles, clauss and conditiones of the foirsaid commissione and conforme to the tennour thereof in all pointes; and declaires the present generall ratificatione therof to be alse sufficient, valied and effectuell as if the foirsaid commissione were verbatim insert in this present ratificatione thairof, quhairanent the estates heirby dispenss; and ordeanes the foirsaid commissione to be alse valied and effectuall to the said Sir James Lumisdene conforme to the tennour therof as if the samene were granted be the saides estates of parliament, and declaires that the foirsaid commissione, with this ratificatione thairof, shall onlie endure till he receave commissione from the committy of both kingdomes.