On the sixtieth day of parliament
[1646/11/212]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
The estates of parliament, taking into their consideration the petition of Lieutenant General David Leslie bearing that it pleased the estates of this kingdom in July 1643 to withdraw him from his service in Germany and to employ him in the service of this kingdom as occasion should offer, and then appointed and ordained to him the sum of 9,000 merks Scots yearly for the space of three years and longer until the same should be discharged by the estates, the first term's payment thereof beginning at Candlemas [2 February] 1644, and that the Lammas [1 August] term 1646 of the aforesaid sum of 9,000 merks, extending that term thereof to 4,500 merks, which is the last term of the aforesaid three years, is yet unpaid; and therefore desiring some effectual course might be taken for his payment thereof, as the supplication bears. The said estates do hereby seriously recommend the said Lieutenant General David Leslie and his desire aforesaid to the committee for monies to provide some effectual means and way for payment to him of the aforesaid sum of 4,500 merks Scots money yet resting unpaid to him for the Lammas term 1646, which is the last term of the said 9,000 merks ordained to be paid to him by the estates in 1643 for the space of three years in manner before rehearsed. And the said estates of parliament, herewith also taking into their consideration the well deservings of the said Lieutenant General David Leslie and the good service done and performed by him to this kingdom, they do hereby appoint and ordain the aforesaid sum and pension of 9,000 merks Scots yearly to endure and to be paid to him yearly in time coming until the same be discharged by the parliament or committee of estates, for the which the estates declare this act shall be a sufficient warrant.
[1646/11/213]*[print] [email] [cite] [preceding] [following]
The estates of parliament ordain the laird of Ardkinglas and officers of his regiment to remove with the whole regiment to Stirlingshire, according to their former orders sent to them, and to quarter there as the committee of that shire shall appoint, which orders the estates hereby renew to the said regiment, and discharge the laird of Ardkinglas, colonel thereof, and other officers and soldiers of that regiment from all exacting or uplifting any money in their march to the said quarters and in their remaining in their quarters or at any other time whatsoever.
[1646/11/214]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that the town of Edinburgh has voluntarily advanced the sum of £500 sterling for the provision of [James Campbell], laird of Ardkinglas' regiment, therefore the said estates do hereby declare that the said sum of £500 sterling shall be allowed to the town of Edinburgh in the first end of their maintenance and of their proportion of the monies to be paid and advanced by the shires and burghs of the kingdom for disbanding of the regiments, and ordain the said £500 sterling to be paid to John Kennedy, provost of Ayr, upon his ticket of receipt, which, with this act, shall be a sufficient warrant to the town of Edinburgh to the effect above-specified; and which sum of £500 sterling being received, the estates ordain the said John Kennedy to deliver the same to Sir Archibald Stirling of Garden, commissioner for the sheriffdom of Stirling, to be employed by him for the provision of the aforesaid regiment, for doing whereof the said Sir Archibald Stirling of Garden, personally present in parliament, became acted and obliged himself to employ the aforesaid £500 sterling for provision of the laird of Ardkinglas' regiment aforesaid.
[1646/11/215]*[print] [email] [cite] [preceding] [following]
The estates of parliament do hereby ordain and command Colonel Robert Montgomery and the officers and commanders of his regiment to disband the said regiment, officers and soldiers thereof in the several shires, bailiaries or burghs where they are between now and Wednesday next, 10 February, under all highest pain and as they will be answerable to the parliament upon their peril. And the estates discharge the committees of war of the shire or shires where the aforesaid regiment is quartered of all giving or allowing quarters to the aforesaid regiment, officers and commanders thereof after the said 10 February instant, the said Colonel Robert only keeping up out of the said regiment 100 well mounted troopers with horse and arms of the most sufficient able horse and men of the said regiment, whereof 80 for his own troop of the new modelled forces and 20 for Colonel Mercer's troop, the said Colonel Mercer sending some officer for receiving the same at the time of the disbanding. And ordain the said colonel and other officers to cause deliver the arms of the disbanded troopers to such as the committee of the shire or shires or burghs respectively where they are quartered shall appoint, upon ticket of receipt to be granted thereof to the officer to be forthcoming to the public, shires or burghs out of which the same was levied. And in respect it is ordered that the new modelled troops shall have no free quarters but pay for all their maintenance the first month after their modelling, which is to be repaid by the public at the end of the month, therefore ordain the said colonel and officers to cause their new modelled troop to pay ready money for their said troop for the said month in each place where they receive maintenance. And in case any disorders or insolencies shall be committed by any of the disbanded troopers, the estates of parliament give warrant to the committee of the shire, with consent of the new modelled troop, to take and apprehend the delinquent and exhibit him to any judge having power, to be punished according to his demerit; and for that effect ordain the said colonel and other officers to concur with the said committee of war for apprehending the said delinquents as said is, and ordain the commissioners of the shires to make intimation hereof to the committees of the particular shires respectively where they are quartered.
And the estates ordain this draft above-written to be a rule and form for the whole regiments that are to be disbanded within the kingdom and for the new modelled troops and foot companies to be kept up of the forces within the kingdom, according to the orders given in by Major General Middleton relating thereto.
Item, the same act for disbanding Colonel Lockhart's regiment the said 10 February, keeping up 100 well mounted troopers with horse and arms of the most sufficient able horse and men, whereof 80 to Colonel Lockhart's own troop and 20 to Colonel Barclay's troop.
Item, the same act for disbanding [Hugh Montgomery], lord Montgomery's regiment the said 10 February, keeping up 100 well mounted troopers with horse and arms of the most sufficient able horse and men, whereof 80 for Major Barclay's troop and 20 for Colonel Barclay's troop.
Item, the same act for disbanding Colonel Barclay's regiment upon 9 February instant, keeping up 40 well mounted troopers with horse and arms of the most sufficient able horse and men, which with the 20 out of Colonel Lockhart's regiment and 20 out of the Lord Montgomery's regiment makes up Colonel Barclay's troop of 80.
Item, the same act for disbanding [Thomas MacLellan], lord Kirkcudbright's regiment upon 10 February instant, keeping up 20 well mounted troopers with horse and arms of the most sufficient able horse and men to Colonel Mercer's regiment, which with 40 of Colonel Mercer's own regiment and 20 he gets out of Colonel Lockhart's regiment completes 80 for his troop.
Item, the same act for disbanding [William Ramsay], earl of Dalhousie's regiment upon 9 February instant, keeping up 80 well mounted troopers with horse and arms of the most sufficient able horse and men for Colonel Murray's troop, Mid and East Lothian satisfying the earl of Dalhousie for what is unpaid of his assignment for Philiphaugh.
[1646/11/216]*[print] [email] [cite] [preceding] [following]
The estates of parliament do hereby ordain and command Colonel William Stewart and the commanders and officers of his regiment to disband the said regiment, officers and soldiers thereof in the several shires, bailiaries and burghs respectively where they are upon Tuesday next, 9 February instant, under all highest pain and as they will be answerable to the parliament upon their peril. And the estates discharge the committees of war of the shire or shires where the said regiment is quartered of all giving or allowing quarters to the said regiment, officers or soldiers thereof after the said 9 February instant, the said colonel only keeping up out of the said regiment 80 well-armed men. And the estates ordain the said Colonel William Stewart and other officers of his regiment to cause deliver the arms of the disbanded soldiers to such of the committees of war of the shire or shires or burghs respectively where they are quartered shall appoint, upon ticket of receipt to be granted thereof to the officers to be forthcoming to the public, shires or burghs out of which the same was levied. And in respect it is ordered that the new modelled forces shall have no free quarters but shall pay for all their maintenance the first month after their modelling, which is to be repaid by the public at the end of the month, therefore ordain the said colonel and officers to cause their new modelled company pay ready money for the said company for the said month in each place where they receive maintenance. And in case any disorders or insolencies shall be committed by any of the disbanded companies, the estates of parliament give warrant to the committee of the shire, with consent of the new modelled forces, to take and apprehend the delinquent and exhibit him to any judge having power, to be punished according to his demerit; and for that effect ordain the said colonel and other officers to concur with the said committee of war for apprehending the said delinquents as said is. And the estates declare that they will only allow to the said lieutenant colonel and major to be paid according to the old establishment and not according to the last act made in this session of parliament, and will allow no pay to any officers of foot regiments and companies for any horse; neither yet will they allow pay to a minister and surgeon to the said regiment. And ordain the commissioners of the shires to make intimation hereof to the committees of war of the particular shires respectively where the said regiment is quartered.
The estates ordain the same act for disbanding the whole other foot regiment within the kingdom that are not to be kept up by the new model.
Item, the estates ordain the same act for disbanding of [Robert Gordon], viscount of Kenmure's regiment upon 9 February instant, keeping up 53 well-armed men thereof for the new modelled forces.
Item, the same act for disbanding Lieutenant General Baillie's regiment upon 9 February instant, keeping up one company of well-armed men thereof to the effect aforesaid.
Item, the same act for disbanding [John Kennedy], earl of Cassilis' regiment upon 9 February instant, keeping up 50 well-armed men thereof.
Item, the same act for disbanding [James Elphinstone], lord Coupar's regiment upon 9 February instant, keeping up 80 three well-armed men thereof.
Item, the same act for disbanding [Colonel Alexander Hamilton], general of artillery's regiment the said day, keeping up one company thereof of well-armed men.
Item, the same act for disbanding [James Stewart], earl of Moray's regiment and regiment in Dundee the said day, keeping up one company of well-armed men thereof.
Item, the same act for disbanding the regiment of [John Campbell], earl of Loudoun, lord chancellor, the said day, keeping up one company of well-armed men thereof.
And an act ordaining and commanding Lieutenant Colonel William Livingstone of Westquarter and Major Hamilton of Parkley to disband their two companies of [James Livingstone], earl of Callander's regiment that are quartered in the shire of Clackmannan upon Tuesday next, 9 February instant.
Item, the same act for disbanding Colonel Rough's regiment the said 9 February instant.
[1646/11/217]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration the list given in to them by Major General Middleton, with his opinion how the troops and foot regiments in Scotland should be made up out of the forces within that kingdom, they ordain the same to be made up as follows:
Namely, for the horse:
1. That there be 100 taken out of Colonel Robert Montgomery's regiment, whereof 80 for his own troop and 20 for Colonel Mercer's troop.
2. Item, that there be 100 taken out of Colonel Lockhart's regiment, whereof 80 for his own troop and 20 for Colonel Barclay's troop.
3. Item, that there be 100 taken out of [Hugh Montgomery], lord Montgomery's regiment, whereof 80 for Major Barclay's troop and 20 for Colonel Barclay's troop.
4. Item, that there be 40 taken out of Colonel Barclay's regiment, which, with those that he gets from Colonel Lockhart and the Lord Montgomery's regiments, does complete his troop.
5. Item, that there be 20 taken out of [Thomas MacLellan], lord Kirkcudbright's regiment and allowed for Colonel Mercer, which, with his own 40 horse taken out of his own regiment and those he gets from Colonel Robert Montgomery's regiment, does complete his troop.
6. Item, that Lieutenant Colonel Murray have his whole troop out of [William Ramsay, earl of] Dalhousie's regiment.
7. And all these to be without respect to the commanded party in the north, out of which, with [Archibald Campbell, marquis of] Argyll and [John Lindsay, earl of] Crawford [Lindsay]'s troops and [James Crichton, viscount of] Frendraught's regiment, the estates ordain Colonel Keith to have his troop.
And for the foot:
1. The estates ordain one company to be taken out of Colonel Stewart and [Robert Gordon], viscount of Kenmure's regiments as follows, namely: 80 out of Colonel Stewart's regiment and 53 out of the viscount of Kenmure's regiment.
2. Item, one company to be taken out of Lieutenant General Baillie's regiment.
3. Item, one company out of [John Kennedy], earl of Cassilis' and [James Elphinstone], lord Coupar's regiments, namely: 50 out of Cassilis' regiment and 83 out of Coupar's regiment.
4. Item, one company out of [Colonel Alexander Hamilton], general of artillery's regiment
5. Item, one company out of [James Stewart], earl of Moray's regiment and the regiment in Dundee, and where these are wanting, that they be supplied out of the general of artillery's regiment.
6. And one company out of the regiment of [John Campbell], earl of Loudoun, lord chancellor.
Which companies above-mentioned the estates ordain to be of the general of artillery's new modelled regiment and to be taken out of the particular regiments above-mentioned of the best and well-armed men thereof at the time of the disbanding of the said regiments, which is appointed to be upon Tuesday next, 9 February instant. And ordain the general of artillery to send some of his officers for receiving the aforesaid companies that day.
The estates appoint that their shall be no pay allowed for any horse, for foot regiments, nor minister nor surgeon where there was none.
[1646/11/218]*[print] [email] [cite] [preceding] [following]
The estates of parliament statute and ordain that the commissioners of these shires and burghs who have undertaken or shall undertake the advancement and payment of the month's maintenance, ordained to be paid by their shires and burghs for disbanding the army and payment of the assignments to the regiments at Philiphaugh for that month's pay assigned to them so far as is yet unpaid, shall have their relief of the same from their several shires and burghs for whom they advance, with the annualrent thereof from the advancement to the repayment, and ordain the said shires and burghs and heritors thereof respectively to relieve their said commissioners and to repay to them the aforesaid month's maintenance with the interest.
[1646/11/219]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication of Lieutenant General David Leslie craving payment of the sum of 25,000 merks of the 50,000 merks of gratuity appointed to him by the estates at Glasgow for his service at Philiphaugh yet unpaid, and for payment whereof the committee for processes and monies granted a precept upon James Stewart, treasurer of the excise, for payment of £10,000 of the said sum out of the excise of the transported livestock to England, and another precept upon [Sir Adam Hepburn of Humbie], commissary-general, and his deputes for payment of the other 10,000 merks, the said estates do hereby seriously recommend the said Lieutenant General David Leslie, with his supplication and desire thereof aforesaid, to the committee for the monies, to take some effectual course for his payment and satisfaction of the sums above-written; and for this effect ordain the said committee to call before them the collector or subcollector for uplifting the excise of the border and of the transported livestock to England, and to ordain the said collector to pay what excise is in his hands uplifted and unaccounted for to the said Lieutenant General David Leslie, or any having his power to receive the same, to be delivered to him or them in satisfaction of so much of the aforesaid £10,000 and 10,000 merks above-mentioned yet unpaid of his recompense aforesaid as the said excise will extend to, and for the surplus thereof the estates seriously recommend to the said committee to take some effectual course for payment of the same to him.