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Forasmuch as the estates of parliament, considering the great and imminent danger to religion, the covenant, his majesty's person and authority and peace of these kingdoms, have thought fit and accordingly given order that this kingdom be put in a posture of war and that the colonels and committees of war in the several shires be careful in lifting and exercising the whole fencible persons within their bounds and providing them with arms, that they may be in readiness to send forth such number of horse and foot as the parliament or their committees shall call for; and now finding that the town of Berwick is seized on and that the dangers are nearer to us than 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 safety and for preventing those evils with which we are threatened, have thought it therefore fitting to require the several colonels and committees of war of the shires on this side of the River Tay to meet upon 9 May, and those on this side of the River Spey upon 12 May, and those on the north side thereof upon 16 May, and at their said meetings to take present course for lifting and enrolling the particular numbers of men, horse and foot according to the list hereunto subjoined. And that they appoint and nominate under-officers to the foot, namely: lieutenant, colonel, major and captains, and that they cause the heritors, proper wadsetters, liferenters and others subject in putting out horse and foot, according to the acts of parliament, put out their proportion of horse and foot well-armed, the foot two parts with muskets and third part with picks and all with swords, with two dollars for levy money and 20 days' provision to each soldier and to all officers under a captain, according to the Scottish establishment at two parts pay for horse and foot. And that for carrying the necessary provision of these forces, they provide a sufficient baggage horse for every twelfth man, and that a strong and able man with sword and half pick be appointed to attend each two baggage horse, who is to have a soldier's pay. And that the heritors, liferenters and others aforesaid of the several shires who are liable to the putting out of men be ordained to bring their several proportions of horse and foot armed and provided as aforesaid to the place of public rendezvous in each shire under the pains following, namely: [under the pain of 400 merks for each deficient horseman and under the pain of £100 for each deficient footman not brought to the aforesaid rendezvous, which are hereby ordained to be kept at the diets following, namely:]† all the shires on this side of the River Tay upon 24 May, and those on the south side of the River Spey upon 27 May, and those upon the north side of the River Spey upon 31 May. And ordain the said colonels and committees in the several shires to have their proportions of horse and foot armed and provided as aforesaid in readiness at the place of rendezvous and at the diets respectively above-mentioned, to march according to such orders as shall then be sent to them under the penalties aforesaid. And, for the more speedy and effectual raising of the said horse and foot, the estates of parliament give power and command to the colonels, with assistance of such of the committee of the shire as will join with them and are hereby commanded to be assisting to them, to poind and distrenzie the goods of any heritors and others aforesaid who are deficient in putting out either of their horse or foot, [namely: every horseman wanting at the day of rendezvous the sum of 400 merks from every heritors and others aforesaid who are liable to put him out, and for every footman wanting the sum of £100.] And further the said estates declare that the heritors and others aforesaid failing in putting out their proportions shall be esteemed as enemies to† and hinderers of the public service of the kingdom in pursuance of the ends of the covenant. And notwithstanding some persons may be hereby overburdened in respect of the meanness of their rents and multitude of tenants living upon their lands, yet the estates ordain the aforesaid number of men provided as aforesaid to be put out by them. And in case any of them find themselves thereby prejudiced and make their complaint known to the committee of the shire, in that case the said estates ordain the said committee of the shire to cast up the account of what the price of the aforesaid arms, levy money and price of baggage horse will amount to, and so to provide for their relief, that the burden may lie equally upon the whole heritors and others aforesaid 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 proportion of the levy in 1644 are to be raised will not exceed 2,700, and seeing the present service will necessarily require a greater number of horse and that the shires of this kingdom will hardly be able to equip the same, therefore the said estates have ordained that each regiment of horse shall consist of 180 troopers to be framed in three troops and commanded by a colonel, major and rutmaster; and the colonel to have the nomination of all his under-officers, providing the lieutenant or cornet be appointed with advice of the committee of the shire out of which the troop is to be levied. And ordain the regiments to be made up in manner following, namely: the present rutmaster to have assigned to them locally out of some shire or shires the number of 80 troopers accordingly as is set down in the list hereunto subjoined, which troopers the said rutmasters are to receive at the day and place of rendezvous of the aforesaid shire or shires above-written, and shall give sufficient security to levy upon their own charges as many troopers well-mounted and armed as with the troops they presently have shall make 180 in total. And that they shall have the aforesaid troopers so to be lifted upon their own charges at the aforesaid day and place of rendezvous under the pain of 400 merks for each deficient trooper. And for such noblemen and gentlemen designed colonels who have no troops presently, the estates ordain them to receive the number of 80 troopers from the shire assigned to them for that purpose as is contained in the aforesaid subjoined list, and to find sufficient surety for levying 100 troopers upon their own charges, and to bring them to a rendezvous at [...] upon 10 June next under the pain of 400 merks for each deficient well-armed and mounted trooper. And in case any colonel shall upon his own charges raise 60 horse more to make up the fourth troop, the estates of parliament allow him to have a lieutenant colonel, and what further troopers the colonel or his officers shall levy upon their own charges they shall have maintenance thereof as the rest of the army. And the estates of parliament ordain the aforesaid committees to use all diligence for performing the aforesaid duties entrusted to them as they will testify their affection to religion and the peace of the kingdom, and that they fail not to make report to the parliament or the committee of estates of this kingdom within six days after the days of rendezvous respectively above-written assigned by the parliament to the shires respectively as is aforesaid. And if the committees of shires be remiss in their meetings or in putting these orders to execution, that the colonels, with such of the committees as are willing to join with them, convene upon all occasion for putting these orders to execution and for doing everything that may further the levies, being always accountable for their proceedings to the parliament or committee of estates. And if any person or persons of whatsoever degree, quality or condition shall offer to oppose or obstruct by violence the resolutions of the parliament or committees thereof, with power to the said committees and colonels to use all means to subdue them and if need be to pursue the raisers of the tumults and public opposers of the resolutions 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 liable to suppress the same, that the colonels, committees and commanders of the adjacent shires on all their quarters join for suppressing thereof as they shall receive advertisement. And further the said estates, upon consideration of the greater abuses in former levies committed by officers in taking money from the heritors and others aforesaid who are liable in putting out men, horse or foot in place of their said men, declare that whatsoever officer shall be found to have done so shall not only be dismissed from his charge, but also branded with a mark of infamy and disgrace. And that the said whole forces may be kept in the better order and discipline, the said estates ordain all officers constantly to attend their said charges, and that none of them upon any pretext whatsoever be absent one month; with certification to the contraveners thereof, that their places shall be declared vacant and another established in their charge. And the estates of parliament declare that whatsoever officer or soldier shall be found guilty of taking at their own hand horse or any other goods from the subjects of this kingdom, they shall die for it without mercy. And for the better regulating of putting out horse and foot of such as will not fall to put out a whole horse or footman, it is declared that the greatest rent of these to be joined for making up a horse shall provide the horse, and the rest that joins to contribute according to £160 for each horseman, and who have the most men to provide the footman, and the remainder that joins to contribute with him according to £40 for each footman for their equipment of arms and whole equipment belonging to them with their 20 days' provision; and where the rent or number of men are equal amongst the joiners, to cast lots.
Follows the list of the horse and foot to be put out by the several shires and burghs of the kingdom, with the names of the colonels of the foot:†
Out of the sheriffdom of Roxburgh and Selkirk: 2,000 foot and 200 horse. Colonels for the foot: [Robert Ker], earl of Roxburghe, [Francis Scott], earl of Buccleuch or his brother, [William Kerr], earl of Lothian, or, in case of his refusal to accept, the sheriff of Teviotdale or Richard Douglas, his son.
Out of the sheriffdom of Berwick: 1,200 foot and 100 horse. Colonel for the foot: [James Home], earl of Home.
Out of the sheriffdom of Haddington: 1,200 foot and 100 horse. Colonels for the foot: [John Hay], lord Yester and [John Hepburn], laird of Waughton, and, in case of Waughton's refusal, Yester for the whole.
Out of the sheriffdom of Edinburgh to land: 1,200 foot and 100 horse. Colonels to the foot: [John Elphinstone], lord Balmerino, or, in case he does not accept, [Sir James Foulis], laird of Colinton and [William Cranston], lord Cranston.
Out of the sheriffdom of Linlithgow: 500 foot and 60 horse. And out of the sheriffdom of Peebles: 400 foot and 40 horse. Colonel for the foot of these two shires: [John Hamilton], lord Bargany.
Out of the sheriffdom of Dumfries: 1,200 foot and 120 horse. Colonels for the foot: [William Crichton], earl of Dumfries and [William Douglas], laird of Kelhead.
Out of the sheriffdom of Wigtown: 1,200 foot and 120 horse. Colonels for the foot: [Sir James Stewart], lord Garlies and [Grierson], laird of Lag, younger.
Out of the sheriffdoms of Ayr and Renfrew: 2,000 foot and 240 horse. Colonels for the foot: [William Cunningham], earl of Glencairn, [William Ross], lord Ross and [William Cochrane], lord Cochrane.
Out of the sheriffdom of Lanark: 1,500 foot and 200 horse. Colonel for the foot: [James Hamilton], lord duke of Hamilton.
Out of the sheriffdoms of Stirling and Clackmannan: 1,000 foot and 120 horse. And the town of Stirling liberated (in regard of the pestilence) from the one half of their proportion, extending to [...]. Colonel for the foot: [James Livingstone], earl of Callander.
Out of the sheriffdoms of Fife and Kinross: 1,500 foot and 240 horse. Colonels for the foot: [Alexander Erskine], earl of Kellie and [David Wemyss], lord Elcho. And the estates of parliament remit to a committee of the shire, which is to be an equal number of the gentry and burghs of the shire, to proportion the relief granted by the parliament to this shire.
Out of the sheriffdom of Perth: 2,400 foot and 240 horse. The towns of Perth and Culross to be taken into consideration by the committee of the shire in regard of their former visitations by the plague and all other places in the shire which are now wasted by the same or by the war. And the estates declare that what the committee shall deduct in respect of wasted lands shall be taken off the whole shire. And also declare that the heritors of these wasted lands shall only be liable to put out their proportion according to the fourth man they have presently. The colonels for the foot: the earls [John Murray, earl of] Atholl, [James Murray, earl of] Tullibardine and Sir James Drummond, younger, of Machany.
Out of the sheriffdom of Forfar: 1,500 foot and 140 horse. The town of Brechin liberated of 30 men of their former levy. Colonel for the foot: [James Carnegie], lord Carnegie.
Out of the sheriffdom of Kincardine and [William Keith], earl Marischal's part of Aberdeen: 1,200 foot and 100 horse. Colonels for the foot: George Keith, brother to Marischal, and Colonel Harry Mauld.
Out of the rest of the sheriffdom of Aberdeen and out of the sheriffdom of Banff: 1,600 foot and 240 horse. The town of Aberdeen to be liberated from 60 of their proportion in regard of their visitation by the pestilence, the town of Cullen of six and the town of Banff of seven. Colonels for the foot: [George Ogilvy], lord Banff or his son and [William Forbes], master of Forbes. And the estates of parliament remit to the committee of 24 to divide the proportion of horse and foot which Kincardine, Aberdeen and Banff shall put out.
Out of the sheriffdoms of Elgin, Nairn and that part of Inverness on this side of the River Ness: 1,500 foot and 120 horse. The town of Nairn to be liberated of two parts of three of their former proportion, the town of Forres to be liberated of six men, and the towns of Inverness and Elgin to put out their fourth man upon the oaths of the magistrates and ministers. Colonel for the foot: [James Stewart], earl of Moray. And the estates of parliament recommend to the committee of war of the shire to have consideration of the visitation of the sheriffdom of Nairn and the same consideration for the town of Inverness in respect of its great and extraordinary condition.
Out of [George MacKenzie], earl of Seaforth and [Hugh Fraser], lord [Fraser of] Lovat's divisions of Inverness: 1,000 foot and 120 horse. Colonel for the foot: [Hugh Rose], laird of Kilravock. And the estates of parliament remit to the committee of 24 to make a just division between the earl of Seaforth and Lord Lovat's division aforesaid.
Out of the earl of Seaforth's part of Inverness, Sutherland and Caithness: 1,600 foot and 120 horse. Colonels for the foot: [John Gordon], earl of Sutherland, or, in case of his refusal, [Sir Alexander Sutherland], laird of Duffus and [Sir James Sinclair], laird of Murkle; and, in case both Sutherland and Duffus refuse, [John Munro], laird of Lumlair; so in this case the lairds of Murkle and Lumlair to be colonels. And the estates remit to the committee of 24 to clear this division.
Out of [Archibald Campbell], marquis of Argyll's division of Inverness and Badenoch: 1,000 foot. Colonels for the foot: [John MacLeod of Dunvegan], laird of MacLeod or his brother, Rorie.
Out of the sheriffdom of Bute: 50 foot.
Out of the sheriffdom of Dunbarton, in place of their foot, 40 horse. And this relief of their former levies to be given to those parishes who have had greatest loss by the enemy, and in particular the barony and parish of Lenzie. And each horseman to be rated at £160 and the town of Dumbarton to be liberated from 10 of their old proportion.
The sheriffdom of Argyll liberated.
Out of the sheriffdom of Orkney: 1,000 foot. Colonels of the foot: [William Douglas], 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 several shires:
Lieutenant General David Leslie, out of the sheriffdom of Perth: 80 horse.
General Major Middleton, out of the sheriffdoms of Roxburgh and Selkirk: 80 horse.
Harry Barclay, out of a part of Aberdeenshire and Banff: 80 horse.
David Barclay, out of Inverness and Moray: 80 horse.
Sir John Brown [of Fordell], out of the sheriffdoms of Roxburgh and Selkirk: 40 horse; out of the sheriffdom of Berwick: 20 horse; and out of the sheriffdom of Haddington: 20; therefore: 80 horse.
Robert Montgomery, out of the sheriffdoms of Ayr and Renfrew: 80 horse.
[Sir John] Hurry, out of the sheriffdom of Renfrew: 40 horse; out of the sheriffdom of Dunbarton, 20 horse; and to receive 4,000 merks money; therefore: 80 horse.
Sir Mungo Murray, out of the sheriffdom of Dumfries: 80 horse.
Gilbert Kerr, out of the sheriffdoms of Roxburgh and Selkirk: 80 horse.
James Mercer of Aldie, out of the sheriffdom of Perth: 80 horse.
[...] Lockhart of [...], out of the sheriffdom of Lanark: 80 horse.
[Sir William Keith], laird of Ludquharn, out of the sheriffdoms of Stirling and Clackmannan: 40 horse; out of the sheriffdom of Lanark: 20 horse; and out of Dunbarton: 20 horse; therefore: 80 horse.
| †16. | [George Livingston], lord Livingston, out of the sheriffdom of Edinburgh; 20 horse; and out of the sheriffdom of Linlithgow: 60 horse; therefore: 80 horse. |
| [Colonel Archibald] Strachan, out of the sheriffdom of Perth: 80 horse. | |
| 2. | The Earl Marischal, out of the sheriffdom of Kincardine and part of Aberdeen: 80 horse. |
| 3. | [James Erskine], earl of Buchan, out of the sheriffdom of Forfar: 70 horse; and of the sheriffdom of Banff: 10 horse; therefore: 80 horse. |
| 6. | [John Stewart], earl of Traquair, out of the sheriffdom of Peebles: 40 horse; and out of the sheriffdom of Dumfries: 40 horse; therefore: 80 horse. |
| 4. | [Charles Seton], earl of Dunfermline, out of the sheriffdom of Fife: 80 horse. |
| 5. | [John Maitland], earl of Lauderdale, out of the sheriffdom of Haddington: 80 horse. |
| 7. | [William Ramsay], earl of Dalhousie or his son, out of the sheriffdom of Edinburgh: 80 horse. |
| 8. | [William Hamilton], earl of Lanark, out of the sheriffdom of Lanark: 80 horse. |
| 9. | [Robert Gordon], viscount of Kenmure, out of the sheriffdom of Wigtown and Kirkcudbright: 80 horse. |
| 10. | [John Scrimgeour], viscount of Dudhope, out of the sheriffdom of Forfar: 70 horse; and out of the sheriffdom of Banff: 10 horse; therefore: 80 horse. |
| 11. | [James Crichton], viscount of Frendraught, out of the rest of the sheriffdoms of Aberdeen and Banff not formerly assigned: 80 horse. |
| 1. | [Gilbert Hay], earl of Erroll, out of the sheriffdom of Aberdeen: 80 horse. |
| 13. | [George Lindsay], lord Spynie, out of the sheriffdom of Stirling and Clackmannan: 80 horse. |
| 15. | [Hugh Montgomery], lord Montgomery, out of the sheriffdoms of Ayr and Renfrew: 80 horse. |
| 12. | [John Sinclair], lord Sinclair, out of the sheriffdom of Fife: 80 horse. |
| 14. | [Alexander Lindsay], lord Balcarres, out of the sheriffdom of Fife: 80 horse. |
Last enrolled: [Sir Robert Innes], laird of Innes, younger, out of the sheriffdom of Elgin and Nairn: 40 horse; and the rest of Inverness and Sutherland: 40 horse; therefore: 80 horse.
[Sir James MacDowall], laird of Garthland, out of the sheriffdom of Wigtown: 40 horse; and out of the adjacent of Ayr to Wigtown: 40 horse; therefore: 80 horse.
Quartermaster [Robert] Innes, out of the sheriffdom of Elgin, Nairn and that part of Inverness on this side of the River Ness: 80 horse.
John Home, out of the sheriffdom of Berwick: 80 horse.
Colonel Hugh Fraser, out of the rest of the sheriffdom of Inverness: 80 horse.
And the estates of parliament ordain [Sir Alexander Gibson of Durie], clerk register, to cause print the aforesaid act above-mentioned, with the lists respectively above-written thereto subjoined.
The list above-written of the colonels of horse is to be printed and extracted in order according to the figures in the margin.