[1643/6/85]¹

Procedure: commission for the foot companies

Comission and capitulation with the Lord Sinclar

Articles of capitulation and agreiment betuixt the convention of the estaites of this kingdome and Johne, lord Sinclar.

Inprimis the saids estaites have nominat and appoyntit the said Lord Sinclare to be colonell of the fyve companies of footemen to be levied in this kingdome, and to be capitane of on[e] of the saids companies, his liuetennent colonell to be capitane of another of the saids companies, and other thre capitanes to be nominat and appoyntit over the uther thre companies, and every on[e] of the foirsaids fyve companies to consist of the number of 120 souldieres; with power to the said colonell to nominat and appoynt a quartermaster, a chirurgiane and a perforce to the said regiment; as also the wholl under officeres of his awin companie; and with power also to the said leiutennent colonell and thre capitanes, with consent of the foirsaid colonellis, to appoynt the under officeres of thair severalle companies for whom they salbe answerable. And the saids estaites appoynts and ordaines the pay of the said colonell, leiutennent colonell, 3 capitanes and inferior officeres and souldieres to be as followes, viz: the said colonell, his pay to be 333 lib. 6 sh. 8 d.; the leiuetennent colonell, his pay to be 200 lib.; the pay of everie on[e] of the thre capitanes to be 100 lib. monethlie; the pay of the quartermaster of the 5 companies to be 45 lib. monethlie; the pay of the chirurgian of the saids companies to be monethlie 45 lib.; the pay of the perforce to be monethlie 18 lib.; the pay of the liuetenennt of every on[e] of the saids companies to be 45 lib. monethlie; the pay of ensigne for every on[e] of the saids companies to be monethlie 36 lib.; the pay of tuo serjants for everie companie to be for each serjant 15 lib. monethlie; the pay of thre corporalls for each companie to be for everie corporall 12 lib. monethlie; the pay of a scriver to each companie to be 15 lib. monethlie; the pay of a drummer to each companie to be 12 lib. monethlie; the pay of a pyper to each companie to be 12 lib. monethlie and the pay of everie on[e] of the souldieres of the saids companies consisting of the number foirsaid to be 6 d. per diem. With power also to the said Lord Sinclair to levie, tak up and bring togidder the forsaids fyve companies, and officeres and souldieres foirsaidis salbe payit at the rate and proportione abovewrittin by the saids estaites for fyve monethes at least, and longer ay and whill they be dischargeit by the saids estaites or committies haveing power from them. And the saids estaites ordaines the sowme of 3 lib. presently to be geven to the said colonell for everie souldier of the saids fyve companies consisting of the number forsaid for the levieing and bringing them togidder; and siclyk the saids estaites ordaines the pay of the said colonell, leiutennent colonell and thre capitannes to begin from the dait of thir presentis, and the under officeres of the regiment and companies to begin at the tyme of thair inrolment, and every on[e] of the foote souldieres, thair pay to begin at the tyme of thair randivous efter specifit.

And on the other pairt, the said Lord Sinclar (and the marqueis of Argyll, cautioner for him) doe heirby obleidge them under the paine of 5,000 merks with all diligence to levie, bring togidder and musture the forsaid fyve companies consisting of the number foirsaid, everie on[e] of them haveing a sword, and all the uther under officeres befoir mentionat upon the links of Leith befoir such persounes as the estate or otheres haveing warrand from them sall appoynt upon the 16 day of September nixt. At quhilk tyme the saids estaites declares they will provyde them with armour, viz: pikes, musquets, drumes, culours and all other necesseres. And siclyk the saids estaites declaires that if at any tyme efter the said 16 of September nixt the said Lord Sinclar, his leiutennent colonell or any of his thre capitanes sall bring togidder 60 or more of any of thair companies. that the estaites will tak them of thair hands and give ordour for payment thairoff untill the said 16 day of September, at quhilk tyme they are to enter upon thair ordinarrie pay. And the estaites declaires that the commanderes of the thre troupes of horse sall receave ordors from the said Lord Sinclar upon any occasione they salbe quartered togidder, and the said Lord Sinclar and his said cautioner for him is heirby obleidgeit under the paine foirsaid to obtemper and obay all such ordors as he sall from tyme to tyme receave from the convention of estaites, or any haveing power from them, and keip good ordour and discipline quhen they are in thair quarteres or upon service, and in everie thing sall behave themselffes as faithfull and resolute souldieres.