Warrant, 31 December 1695, Edinburgh

At Edinburgh Thursday 10th January 1695

A1695/1/20

A1695/1/20¹

Act

Act upon Collonell Fergusons petitione for levieing recruits

Anent the petitione given in to the Lords of his majesties privy Councill by Collonell James Fergusone Shewing That his majestie in his ordors relateing to the recruits for Flanders haveing intimat his pleasure to the said Lords That none of the standing forces in Scotland be allowed to be recruited, untill first the Complement for Flanders be made up and also That all desertors found to be reallie such from Flanders shal be ordained to be delyvered up wherever they can be apprehended and that the magistrats of the severall brughs doe Concurr hereunto Nevertheless the officers of the forces here doe not only daily recruit But lyke they and the Countrey refuse to render up Desertors alleadgeing his Majesties indemnitie and the said Lords ordors to the Contrary Whereas it is humbly conceived That the designe and meaning of the indemnity was meerlie to unite all such againe to the service by Secureing them their lives and now That the frequent recruitings in this Countrey heretofore have exhausted the most part of idle persons and others fitt for service There will arryse insuperable difficulties in makeing up the number requyred if the said Lords should not take of the hindrances above represented And it was humblie moved in ordor to the furthering of the said recruits That the said Lords would not only authorise the recruiting officers to Cause beat drums within the toune of Edinburgh and suburbs and other burghs of the Kingdome But also condescend to their haveing all such who are prisoners for Capitall Crymes, and that the keepers of the Prisons be authorized for that effect and in case any difference should arrise betwixt the recruiters and the persons with quhom they may be concerned The said Lords would be pleased to appoynt a Comittie of Councille to whom the said petitioner may apply from tyme to tyme for haveing the same determined and who shall accordingly see the said Lords their ordors duely observed and put in executione And therfore humblie Craveing That the said Lords might be pleased after considering the premisses to stop the standing forces from makeing any further recruits untill these designed abroad be first made up To ordaine all Desertors who shall be discovered with those who are prisoners for crymes to be delyvered up, and further to grant warrand for beating of drums as the said petitione at lenth bears
The Lords of his majesties privy Councille Haveing Considered the foresaid representation given in by the said Collonel James Fergusone anent recruits and Desertors They Hereby allow the officers come from Flanders To levie men for recruiting their Regiments so far as they shall not be recruited by the men allowed by the Kings Majestie to them out of the standing forces of this Kingdom And for that effect to take on all such as are willing to engadge and to beat drums within the burgh of Edinburgh and other places for that end And ordains magistrats of Brughs and other Magistrats within this Kingdome to give Concurrance to the officers for makeing up their recruits and to allow them their prisons for such as shall willinglie engadge and also for their desertors The officers alwayes sustaining and intertaining such persones as shall be committed by them And as to persons who are prisoners for Capitall Crymes The said Lords appoynts the officers to make particular applicatione for evry such persone as they shall desyre to be delyvered to them from tyme to tyme and nominats and appoynts the Earles of Argyle Morton and Leven The Viscount of Tarbatt Lord Polwarth and Laird of Grant to be a Comittie for Considering all debates differencies or Complaints which may be made to them anent persons allegat wrongouslie seized either as Desertors or Souldiers With power to them to determine in these differencies or remitt the same to Inferior magistrats as they shall see Cause and in case of difficulty to report to the Councill and ordaines all persones who have been engadged by any of the officers of the standing forces within this Kingdome as Souldiers since the eighteen day of December J^aj vj^c nynty and four years being the date of the proclamatione anent recruits and regulateing the seizing of Desertors to be delyvered to the officers come from Flanders for makeing up their recruits at sight of the Committee and upon such tearms as they shall find just excepting alwayes such persones as have been seized as Desertors from their Majesties forces in this Kingdome And Remitts to the same Committie To Consider how persons committed to his majesties Garrisons or persones as Souldiers or Desertors have been provyded for as to bedding and other necessaries untill the are put on board And to make report Hereof to the Councill and Declairs any two of the above Comittie to be a sufficient quorum