ACT AGAINST RUNAWAYS, Masterless men, and those who travels without testimonials. At EDINBURGH the twenty day of August 1640. THE Lords, and others of the Committie of the Estates of Parliament; considering the fearful prejudice and danger likely to fall out, by the daily disbanding and stealing away of a number of Fugitives, who flieth away from their Companies and Colours, and returneth to the Country where they lurk and are harboured, and entertained by their Parents, Masters, and Friends: The danger and preparative whereof may produce fearful effects, if the same be not timeously remeided, and such Fugitives and Runaways examplarly punished to the terror of others, in respect whereof; It is hereby statute, enacted, and ordained, That the Committie of war within each Presbytery and division in this whole Kingdom, with the concourse of the sheriffs, Stewarts, and Bailyies of Regalities, and of the Gentlemen, Ministers, Elders, and Constables in each Paroshin, who shall be obliged to concur and assist hereintill; Shall forthwith upon sight hereof, cause make present and exact search and trial for all Fugitives and Runaways within their bounds and division, who hath either fled and disbanded from this present Army, now marched into England, or from the North or South Regiments, or from any other Company or Garrison leveyed by warrant from the Estates: And shall cause take and apprehend all the said's Fugitives where ever they can be found, and put them in sure firmance and prison, either in the head Burrowes of the Shires, or in some other firm and convenient place. And sike-like, It is hereby statute, that immediately after the saids Fugitives shall be so apprehended, at least within eight days thereafter: The said's Committees of war with concourse of the Magistrates of the said's Burrowes, or sheriffs of the Shire, or Stewarts of Stewartries, or Bailyies of Regalities, shall cause decimate the said's whole Fugitives, and shall cause hang the tenth man of them: And if there be but one or more of them within ten: That they cause hang one of the said number, albeit there be but one: And if there be fifteen of them, that two of them be hanged: And so forth that one be hanged of every tenth persons within each Shire or division; And if they be under the number of ten, as is above prescribed, that one of them be hanged, as said is, and that without favour or mercy: And that it be decided by lot, who of them shall be so hanged; And these on whom the lot falleth, to die according to the proportion foresaid, shall be put to execution, and die the death, as is above prescribed without favour. And as for all the rest, who shall happen to escape by lot, Ordains them to be all sent here to Edinburgh bound as Fugitives to be disposed upon, at the pleasure of the said Committie of Estates, their entertainment, after they shall be apprehended, and the charges in sending of them here, to be upon the expenses of the public, if they be not able to entertain themselves. And if any of the Parents, Masters, Friends, or acquaintance of the saids Fugitives, shall hereafter receipt, harbour, or entertain, or furnish any of them, being delated, & proven before the Kirk Session, or Committie of war. The saids recepters shall be punished in their persons and means, conform to the former acts made there anent. And notwithstanding of the premises, if any of the saids Fugitives before they be apprehended in manner foresaid, shall come and offer themselves, to the Committie of war within their division, or to the Conveener thereof, or to the Ministers and Elders of the Parosh, or some man of quality, and crave their pass to come here to Edinburgh, and offer themselves to the censure of the Committie of Estates: And shall accordingly appear here with all expedition, that such persons as shall so appear here, and submit themselves in manner foresaids, their lives shall be saved, and such course taken with them, as the said Committie of Estates shall think expedient. And sike-like, this present Act anent the saids Fugitives to have full force and execution against all Fugitives and Runaways, who shall hereafter disband and flee in time coming from any Company or Regiment hereafter to be leavyed in any part of this Kingdom by warrant from the Estates or Committie thereof. And in like manner, the said Committie of Estates considering that the Country is abused and burdened with a number of idle and masterless men, and vagabounds, having no settled calling, vocation, nor employment, who may prove noisome to the Country, if they be not repressed. Therefore it is statute and ordained, that where ever any idle or masterless men can be found, not having a lawful calling, and constant residence, and wanting a lawful testimonial of the Minister and Elders of the Parosh, or some Gentleman of note and respect, or Magistrates of Burrows where he dwelleth, that they shall be taken, apprehended, and put in the nearest prison, and shall remain therein, till they be disposed upon at the will of the said's Committees of war, where they are taken for the service of the public. And further, it is statute and ordained, that no person whatsoever, shall presume to travel from his own bounds, without a lawful testimonial in manner foresaid. And if any man or woman shall be found travelling from their own bounds, wanting a testimonial (except they be persons of respect and quality, not ourly known in these bounds where they shall travel) It is hereby statute, that they shall be imprisoned at the nearest Jail or Firmance for the space of eight days, and thereafter shall be carried from Parosh to Parosh by Constables, or others who shall be appointed for that effect, till they be brought to their own residence, where they shall be examplarly punished for their contempt of this statute: Requiring hereby all the Committees of war, sheriffs, Magistrates, and others to whom the execution of these above-written statutes is incumbent: And to whose knowledge the same shall come, as they will be answerable upon their highest pain, that they, and every one of them exactly prosecute and execute the same statutes: And for better effectuating hereof, that they appoint qualified persons in each paroshin, for bringing in, taking and apprehending the said's Runaways, idle and masterless men, Anent the which whole premises, these presents shall be unto them, and every one of them a sufficient warrant. Printed at Edinburgh, by james Bryson, 1640