ACT Concerning the MILITIA. Edinburgh, the 16. of November, 1669.  
 arms of Charles II 
C R  HONI SOIT QVI MAL Y PENSE  
EDINBURGH, Printed by Evan tiler, Printer to the King's most Excellent MAjESTY, 1669.   

ACT Concerning the MILITIA.  
Edinburgh, the 16. of November, 1669.  
FOrasmuch as by divers ancient Laws and Acts of Parliament, made in the Reigns of His Majesties Royal Ancestors, it is Statute and Ordained, That Weapon-showings be holden in ilk Shire several times in the year, at which the Lieges are appointed to be harnished and armed, according to their qualities and degrees; as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament, That it is His Majesties Prerogative-Royal and undoubted Right, to have the power of raising in arms the Subjects of this Kingdom, and of the commanding, ordering and disbanding, or otherways disposing thereof as He shall think fit. As also, the Estates of Parliament of this Kingdom, in recognisance of His Majesties Royal Prerogative foresaid, and in a further acknowledgement of their duty, Having, by the twenty fifth Act of the last Session of the foresaid Parliament, made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen, sufficiently armed and furnished with forty dayes provision, to be raised from the several Shires of the Kingdom, according to the proportions expressed in that Act, to be in readiness as they shall be called for by His Majesty, to march to any part of His Dominions of Scotland, England or Ireland, for any service wherein His Majesties Honour, Authority or Greatness may be concerned. And His Majesty, finding it expedient that the foresaid number of Foot and Horse should be modeled and trained in military discipline, to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for, Having, by advice of His Privy Council, constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom, according to the proportions mentioned in the foresaid Act; and in some other Shires a Militia of Horse only; having thought fit in this exigent, for important reasons, to change their Foot into a proportion of Horse, suitable to the charge of their proportion of Foot: And having nominated and appointed the colonels and Lieutenant-Collonels of Foot, and Captains of Horse; And the Lords of Privy Council having, by His Majesties Order and warrant, appointed Commissioners of the Militia in the several Shires, ordered the election of the inferior Officers, appointed particular dayes of Rendezvous, the way of listing of foot-soldiers, ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous; That colours, standards, Drums and Trumpets be provided at the charge of the Shire; and having given several other Orders and Instructions concerning the ordering and disposing of the Militia, The Estates of Parliament do in all duty aclowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom, in constituting and settling the foresaid Militia. Likeas, His Majesty, with advice and consent of His Estates of Parliament, doth ratify and Approve the constitution and model of the Militia, as the same is established by His Majesty with advice of his Privy Council: And particularly, their appointing dayes for Rendezvous, ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous; And all Acts, Commissions, Orders and Instructiones past and emitted by the Council concerning the Militia, and their whole proceedings relating thereto. And Statutes and ordains, that in all time coming there be allowed to each Footman six shillings Scots, and to each Horseman eighteen shillings Scots, every day of the Rendezvous, to be payed be the heritors; And that the said six shillings to be payed to the Footmen, be refounded to the heritors by the men-tennents and servants for whom the Footmen are put out, and who are not listed in the Militia. And also Statutes and ordains, that the Rendezvous be punctually keeped, that Horse and Foot be duly outreiked and sufficiently armed, that Fractiones with their proportions of the price of the colours, Drums, standards, and Trumpets be timeously payed. Likeas, His Majesty, with advice foresaid, doth give power and warrant to the Commissioners of the Militia in the respective Shires, to fine parties for the Souldiers absence from the Rendezvous, not exceeding six pounds Scots for the Horseman, and two pounds Scots for the footman absent ilk day of the Rendezvous; And likewise, such as shall be deficient in the outreik of Horse or Foot, or in payment of the fractions thereof, or of the proportions of colours, Drums, standards and Trumpets, or of the pay allowed by this present Act to the Horsemen or Footmen, the men-tennets and servants for whom the Footmen are put out, being always liable to relieve the respective heritors of the payment of the fines aforesaid, in so far as concerns the deficiency in outreik of Foot, or payment of the fractions thereof, or absents of the Footmen from the dayes of Rendezvous. And to the effect, more ready obedience may be given to this present Act and Ordinance, His Majesty, with advice foresaid( without derogation from any power already given by the Instructions or Acts of Council) doth authorize and empower the Commissioners of the Militia in the respective Shires, or any three of them( two of the quorum not being Officers) after trial taken that parties have been absent from the Rendezvous, or deficient in the outreiks and payments foresaid; to give order and warrant to any one of the sergeants of Foot of the respective Companies, or Corporals of Horse to be name by the saids Commissioners, to poind and destreinzie the readiest Goods and gear of these absent or deficient, wherever the same may be found, apprise and make sale thereof towards the payment of the sums specified in the said warrant, and of the charges and expenses of the poinding and apprising; these charges always not exceeding als much more as the sums for which the poinding shall be used. Likeas, His Majesty, with advice foresaid, constitutes the said person, to whom the foresaid Order shall be directed, Sheriff in that part; with power to him, by virtue of that Order, to poind the Goods without necessity of carrying the same to the Paroch-church or Mercat-cross of the head Burgh of the Shire to be apprized; and to do and act in the execution of the said Order, sicklike as a Messenger at arms may do by the Law, in execution of Letters of poinding and apprising given under His Majesties Signet: Providing always, that the goods poinded be valued and apprized by two honest sworn men, whose oaths the said Sheriff in that part is authorised to take to that effect; And declares, That it shall be leisome to the party from whom the goods shall be poinded, to redeem the same within six dayes after the poinding, by payment of the sums, for which the poinding shall be used, expenses of the poinding foresaid, and twelve shilling Scots each day during the not redemption. And in case the party do not redeem the goods poinded within the space foresaid, Declares that it shall be lawful to the said Sheriff in that part, to retain the goods or sell the same, with deduction of the third of the sum to which they were apprized, He always being countable for the price thereof to the Commissioners of the Militia, who are to see the party, from whom the Goods were poinded, satisfied of the superplus of the price( if any be) the sum for which the poinding was used, expenses foresaids of the poinding, third part of the value to which the Goods were apprized, with twelve shilling Scots ilk day during the space that the party had power to redeem, being always deduced; and declares the said warrant, being signed by three of the saids Commissioners( one of them only being an Officer) to have the force and strength of an Decreet; and that there is no necessity of any Precept or Charge to follow thereon: And that the poinding and apprising so used, by virtue of the said warrant, is and shall be als lawful and valid, as if all the solemnities requisite and usual in poindings were observed; whereanent His Majesty, with advice foresaid, doth dispense in this case of the Militia. And it is declared, that these who are not sufficiently armed or mounted at the Rendezvous, shall be holden as absent therefrom, and shall be fined and poinded accordingly in manner foresaid. And for preveening debates that may arise the time of mustering, it is Declared, that Lieutenants and Cornets of Horse shall be reckoned of the number of Horsemen, appointed to be put out in the respective Shires; But prejudice always to any of the saids Officers, to claim and suit payment of Fractions, if they be Leaders of Horse. As also, His Majesty, with advice foresaid, doth authorize and empower the Lords of His Privy Council from time to time, to appoint dayes of Rendezvous, and to give such further orders as shall be requisite for the full establishment of the Militia in every particular thereof; and to call for an account from the several Shires of their procedure and diligence in settling the same. And commands and requires all His Majesties Subjects of whatsoever degree or quality, to give due and ready obedience to all such orders and directions as they shall receive from His Majesties Privy Council, relating to the Militia, under the pains and certifications contained in any Acts made, or to be made by them thereanent.   

EDINBURGH, Printed by Evan tiler, Printer to the King's most Excellent MAjESTY, 1669.