ACT OF THE COMMITTEE OF ESTATES Against Runaways, and Fugitive Soldiers, and their Resetters. Edinburgh,11. july, 1648. THE Committee of Estates considering the prejudices that hath occured to the public service in former expeditions, by the base carriage of some Officers and Soldiers who run away from their Colours, and becomes fugitives, and that the like may fall out in this service, if tymous course be not ta'en for preventing thereof. Therefore they do Statute and Ordain, That all those both of horse and Foot who shall run away from their Companies and Colours without a pass from the Lord General, or some of the General Officers, or at least from the chief Officer of the Regiment shall be apprehended by the Committees of War or any of them, by the Colonels of the Shire, Captains of parochs or Magistrates within burgh's, or others, now authorised by this Act for that purpose wherever they can be apprehended. And that these by west or by north this Town be sent to the Tolbuiths of Edinburgh; And these by south Edinburgh be sent with a guard to the Army or to the next Garrison to be punished according to the Articles of Military Discipline, or that the Committees of War and Colonels within ilk Shire, and Magistrates within Burgh (if they shall think it expedient; for the terrifying of others) decimat the saids fugitives both Horse and Foot, and cause hang the tenth man; And if there be but one or more within the number of ten, to cause hang ane, and send the rest as aforesaid. And because the entertaining and resetting of their Fugitives, embolden them to keep themselves still lurking, and encourageth others by their example to run away. Therefore it is Statute and Ordained, that whosoever shall resset or entertain any of the saids Fugitives, or shall have knowledge of their being within their bounds, and shall not delate and deliver them to the Committee of the Shire and Commissioners aftermentioned shall be liable in the sum of five hundreth Marks for ilk Horsman, and one hundreth pounds for ilk Footman, besides the making forth command the party reset or another in his place. The one half to be employed for the public expense in putting this Act into execution, and the other half thereof to the delaters, who shall qualify the reset or concealment by witnesses, oath of party or otherways. Likeas the Committee of Estates do hereby dispone the right of the said's sums to be applied in manner foresaid. And because the travelling of persons through the Country without sufficient Passes may prove an obstruction to the due execution of this Act. The Committee doth hereby give warrant and Command to the Magistrates of burgh's, or any person on the Committee of War of the Shires, or any other who shall have Warrant by virtue hereof, to apprehend any person they shall find travelling within their bounds without sufficient Passes from these that sent them: And that none be allowed to stay or reside in any Shire or Burgh, without sufficient Testimonial from the Magistrates of the Burgh, or the Kirk Session where they last lived, under the pain of ane hundreth pounds to be encurred by the resetters and to be employed as aforesaid. And for the better and more punctual execution of this Act: The Committee of Estates do hereby give power and Commission, express bidding, and charge to the persons underwritten, or both or either of them within their several Shires by the advice of the Committee of War of the Shire. And if the Committee shall be unwilling, or delay to concur with them at their first meeting, than by advice of such of the Committee as will join with them. And if none join with them as said is, that then both or either of them, by themselves take course to see this Act put in execution: That they appoint Commissioners in ilk Parosch to see it done within their bounds, and once each fortnight take ane account from them, and return it to the Committee of Estates: The Commissioners names are as followeth, For the Sheriffdom of Berwick, the Laird of Langton; For the Sheriffdom of Hadingtoun, Sir John Sinclair of Herdmeston, and Mr. James Dunhame of Lufnes; For the Sheriffdom of Edinburgh, Sir John Dalmahoy of that ilk, and Sir John Gibson of Alderston; For the Sheriffdom of Roxburgh, the Sheriff of Tiviotdail; For the Sheriffdom of Selkirk, Sir John Murray of Philiphauch, and the Laird of Whytbank; For the Sheriffdom of Dumfreis, the Laird of Lag; For the Sheriffdom of Peebles, the Lairds of Prestongrange and Dawick; For the Sheriffdom of Lanerk, the Lord Lee and James Hamilton of Boigis; For the Sheriffdom of Lithgow, William Drummond of Ricarton & _____ Hamilton of Binnie; For the Sheriffdom of Stirlin, the Lairds of Polmais & Carden; For the Shire of Clakmannan, the Laird of Sanchie; For the Shire of Air, the Lds.. of Culloin & Kilbirnie; for the Shire of Renfrew the Lds.. of Duchal & Howston; for the Shire of Wigtoun & Kirkcudbright. _____ For the Shire of Fyffe, the Lds.. of Reres & Cambo; For the shire of Perth, the L. of Inchmartine & Balthayok; For the shire of Forfar, the Lds.. of Balnamoon & Fintrie; For the shire of Kincardine, Lairds of Pittarro & Morphie; For the Shire of Aberdeen the Laird of Udine and Patrick Leslie Provest of Aberdeen; For the shire of Bamff, the Laird of Birkinboig younger and Troup; For the shires of Elgine and Nairn, the Lairds of Inns and Sheriff of Murray; For the shire of Innernes sir John Mackenzie and Colonel Robert Home. And the Committees Ordains this Act to be Printed and Published, and that the Commissioners aforementioned to be careful that this Act be duly published at the Mercat Crosses of the burgh's and Parosch Kirks within their Shires, Wherethrough none pretend ignorance thereof, Extractum. Arch. Primrose, Edinburgh, Printed by Evan Tyler, Printer to the Kings most Excellent Majesty, 1648.