[1672/6/7a]*[print] [email] [cite] [preceding] [following]
The king's majestie, considering that the honour and securitie of this his ancient kingdome are much concerned in the right ordering and setling of the militia within the same, which being a service and imployment of soe great trust, his majestie resolves to take speciall notice therof, and as he will give all dew encouragments to those who shall be employed therin, soe he will expect and require from them ane exact performance of the dewties and services incumbent to them in their severall statiouns; and therfor, his majestie, with advice and consent of his estates of parliament, doeth heirby declair, statut and enact that all such persones who shall be enrolled and admitted in this trust of the militia shall be entirlie reserved for that employment; and dureing their service in it shall be freed and exeemed from all uther levies whatsoevir. And that the persones employed may be suitable to and quallified for such a trust, it is also heirby statute and ordained that all the officers of the militia be persones wiel affected to the religion and government of the church, as it is now established be the lawis of this kingdome, and that all the officers and souldiers to horse or foote shall, at the first rendevouse of each regiment or troupe where they shall be present, take the oath of allegiance, which is heirby ordained to be administred unto them by the cheiff officer commanding upon the place. And if it shall happin any of them to refuise the same, that they shall be presentlie seased on and sent to the nixt publict prisone, there to be keipt till, by order of his majesties' privie councill, they be banished the kingdome, and that these who outreiked them doe furthwith furnish others in their place. And further, it is heirby statute and ordained that all the officers of the militia doe punctualie attend their severall charges, and that none of them offer to desert or dimit the same (bot upon a just and reassounable cause, to be first offered to and allowed by his majesties' privie councill) undir the pains following viz, a collonel of foot and captaine of horse, two thousand merks; a leiutenant-collonel of foot, and leiutenant of horse, one thousand, five hundred merks; a major or captain of foot, one thousand merkis; leiutenant or ensigne of foot, or cornet of horse, five hundred merkis, and that all officers, to be heirafter named, shall accept and attend their charges, and if anie of them shall refuise to accept without a reassounable cause, to be first allowed, as said is, they shall be also lyable to the respective fynes afoirsaid. And in case any of the officers alreadie admitted, or who shall heiraftir be admitted in this service, shall neglect the same and not give due attendance at the severall dyets of rendevous of the regiments, troupes and of the companies, they shall be lyable to and forfeit the fynes following: a major and captaine of foot and a leiutenant and cornet of horse, fiftie pounds in tyme of war and tuentie-fyve pounds in tyme of peace; and the other inferior officers tuentie-four pounds in tyme of warr and tuelve pounds in tyme of peace. And it is also heirby declaired that all fynes formerlie imposed by act of parliament for absence from rendevous, or deficiencie in outreik of horse or men, or in cases of insufficiencie of horse or armes, shall be doubled in tyme of war. It is also heirby ordained that none be designed horsemen or footmen of the militia, bot such as duell and reside in the bounds within which they serve; and if anie be alreadie otherwise designed, that they be changed and others accordinglie put in their places; and that in tyme comeing noe leader change anie tennent, cottar or servant designed horseman or footman in the militia, soe longe as he continowes on the leader's ground or in the bounds for which he serves, or shall be in the leader's or tennent's service, and that the tennent, cottar or servant listed in the militia shall not remove from his master's ground, nor leave his service, untill yeir and day expire, and then the removall is onlie to be at the terme of Witsunday, the leader being alwayes obleidged, befor this removall, to present to the captain another sufficient man in his place, who shall continow in the service as afoirsaid. And if any man listed in the militia shall desert the service and withdraw to any uther place without the bounds for which he serves, the persones who resset him, upon intimation therof given by his maister, or the captain of the troup or company, shall be holdin to returne him back within thrie dayes theraftir, and the persone him selfe to be punished for his fault at the discretion of the captain, and any two commissioners of the militia. And incaice the resetter, being required, shall not returne him, he is to be fyned in ane hundreth merks Scots by any two commissioners of the militia if he live within the shire, and if he live in any uther shire, by the shirref, magistrats of burgh, or any uther ordinar magistrat on the place. It is lykwise heirby ordained, that the leader of everie horse is to furneish and uphold a sufficient horse, with his furniture, for the space of sevin yeires from this tyme; and that aftir the expireing of the sevin yeirs, these of the fractioun with him shall contribute for another horse at the rate of ten pounds starling, and that the horse be provyded to the value of that summe, and soe aftir the expireing of each sevin yeires theraftir successive; and that the heritors of everie shire allow yeirlie fourtie eight pounds Scotes to the trumpitter who serves their troup, and tuelve pounds Scotes to every drummer who serveth their companies. And it is further ordained that, besides the dayes of rendevous alreadie appointed, and which are still to be observed in the tyme of peace, yet in the tyme of warr there are to be two rendevous yeirlie of regiments of foot, at aither of which the companies are to be keiped togidder and exercised for two dayes; as also, four dayes of rendevous for the severall companies, bot in regard of the distance of the bounds and uther difficulties in drawing togidder the regiment which is raised out of Argyll, Bute and Dumbartan they are to have only one generall rendevous in the year, and two for the severall companies, who are to stay togidder two dayes at either of their rendevous. And further, his majestie, with advice and consent forsaid, ratifies, approves and renews all former actes, orders or instructions past in parliament, or by his majesties' privie councill, concerning the militia, and ordaines them to be put to due execution, except in soe fare as any of them are innovat or altered by this present act.
[1672/6/8]*[print] [email] [cite] [preceding] [following]
Sir Gilbert Stewart, commissioner from the shire of Perth, and Alexander Forrester, commissioner for the burgh of Forterose, tooke the oath of alledgance etc. and signed the declaration.
The lord commissioner adjournes the parliament till Fryday in the foirnoone, and the lords of the articles to meit one Thursday aftirnoone.