Act anent these who are or shall be found Fugitives and runaways from their Companies and Colours. THE ESTATES OF PARLIAMENT presently convened by virtue of the last Act of the last Parliament, holden by His majesty and three Estates, in Anno 1641. Taking to their consideration the great prejudice and danger which may arise to the Armies raised and to be raised, for defence of Religion, Liberties, and kingdoms, by reason of some, who having gone or shall go out with the saids Armies, have run away, or may hereafter run away from their Companies and Colours. For remedy whereof, It is statute and ordained, that all those both of Horse and Foot, who shall run away from their Companies and Colours, without a pass, shall be apprehended by the Colonels and Committees of War within ilk Shire and Division, Captains of Parochines, or Magistrates within Burgh where they dwell, and others whom they shall appoint for that effect, wherever they can be found, and sent again with all diligence to their Company and Colours, upon the public charge, which is to be advanced by the Collectors of the Excise, and allowed in their counts; There to be punished comform to the Articles of Military Discipline: Or else that the Committees of war, and Colonels within ilk Shire, and Magistrates within Burgh( if they think it expedient for the good of the Armies, and terrifying others from running away in like manner) decimate the saids Fugitives, both Horse and Foot, being apprehended, and cause hang the tenth man of them, and escheat their goods for the use of the public: And if there be but one or more of them within ten, to cause hang one of them, albeit there be but one, and cause sand the rest of the saids Fugitives, Horse and Foot, to the Committee of Estates at Edinburgh, upon the expenses of the public, as is aforesaid, to be sent back to their Colours, in manner as the said Committee shall think fit. And because the resetting and entertaining of the saids Fugit●ves, imbolds and encourages them to keep themselves still lurking, and encourages others by their example to run away; Therefore it is statute ●nd ordained, that whosoever shall keep, reset, or entertain the saids Fugitives, Horse or Foot, or shall have knowledge of their being within their bounds, and shall not delate and deliver them to the said Committee, Colonels of Shires, Captains of Parochines, or Magistrates within Jurgh, with all possible diligence; then the saids Resetters or Concealers, shall be repute& estimate as dis-affected,& Enemies to Religion, their country, and the Cause presently in hand, and shall be accordingly punished by the Committee of Estates, or Committees and Colonels of war where they dwell, or Magistrates within Burgh, and shall be liable in the sum of five hundreth marks for every Horse-man, and one hundreth pounds for every Foot-man they shall be found to have reset in manner foresaid: The one half whereof shall be employed for the use of the public, and the other half of the famine shall pertain to whatsoever Persons that shall delate the foresaids Persons, Resetters, and Entertaners, and who shall qualify the foresaid Reset and Entertainment; To whom the saids Estates promiseth hereby to grant and dispone, and by hir presents grants and dispones the present right of the same. And if the Committees and Colonels of war within each Division, or any pers●n being thereupon, Captains of Parochines, or Magistrates within Burgh, shall be negligent in taking order with the foresaids Fugitives and Run-●wayes from their Colours, and with their Resetters and Entertainers, or shall delay and be deficient in putting of this Act to execution, after the form and tenor thereof: ilk Person of the saids Committees of war, Colonels, and Captains of Parochines, and Magistrates within Burgh, hall pay the sum of five hundreth marks, for ilk failʒie, toties quoties; the one half of which fine shall pertain to the public, and the other half thereof to the Persons delaters. And also it is statute and ordained, that if it come to the knowledge of any Person, who have or shall happn hereafter to out-reach Souldiers on Horse or Foot, that these out-reached by them are disbanded and fled from their Colours, the saids out-p●tters of them shall be obliged to search, seek, and apprehended the saids Fugitives through their whole Bounds and Lands, within whatsoever P●roch or Burgh the saids out-putters dwells, and shall either apprehended and appresent them to the Committee and Colonels of the Shire, Captains of Parochines, or Magistrates within Burgh, that order may be taken with them, comform to the tenor of this present Act. Or else if th●y be without their own proper Lands, to require the Heritor, Bailie, or Officer who hath charge of their affairs, to produce the Fugitives delat●d by them to be within their Bounds, before the Committee of the Shire: Or otherwise to assist the saids out-putters, in searching and apprehending the saids Fugitives, as they will be answerable within the Bounds foresaids. And if the saids out-putters and others, shall be negligent t● do their exact diligence therein, the saids out-putters shall be obliged to make up their number, by out putting of men in their places, sufficently provided in Arms, and others necessaries, upon the saids out-putters own expenses, and the Fugitives themselves to be preached, apprehe●ded, and punished, as said is. And it is statute and ordained also, that the Captains of Parochines, who shall apprehended the saids Fugitives, or Magistrates within Burgh, shall produce the saids Fugitives before the Committee of war within their Bounds, at the next meeting of the said ●●mmittee, under the pains to be punished and censured as Resetters. And it is ordained likewise, That the Magistrates of Burghs, within whose Bounds the saids Fugitives shall be apprehended, shall receive the saids Fugitives from the said Committee, to be keeped by them in firmance, upon the charge of the public, to be advanced forth of the Excise, and with all diligence to be sent to the Committee of Estates at Edinburgh. Li●eas it is statute and ordained, that this present Act shall be extended against all Resetters, Fugitives, Committees of war, Colonels, Captains, and Magistrates of Burgh, and others foresaids, for any reset or neglect of the discharge of their duty respective above-written, in any time coming, after the publication of their presents, as well for runaways and Fugitives, who have run away in any time by-gone, from any of the Arnies levied heretofore within this kingdom for this common Cause, as for these who shall be levied and run away in time coming. And ordains this present Act to be printed▪ and a copy thereof to be sent to every Paroch Kirk, and every Committee of war, and every Burgh within ilk Division within this kingdom, and that it be red at ilk Paroch Kirk, upon the first Sunday after the receipt hereof, and thereafter fixed on the Kirk door, or wall, to be red by every Person, that none pretend ignorance. And farther, lest the Fugitives that shall run away, as said is, might be suffered to lurk and escape unpunished: It is statute and ordained, That no stranger shall be received within any Parish or Shire, who shall not have a pass fro● some colonel, or a testimonial from the Minister and Session from whence they come, and who shall reset any such Person without pass or testimonial, and shall not delate them, shall incur the punishment of Resetters of Fugitives. And Ordains the Committee to be appoint●d by the Estates, to see the whole Heads and Articles of the Act foresaid put to a full execution. clear. Registri. Printed at Edinburgh by Evan tiler, Printer to the Kings most E●cellent majesty, Anno Dom. 1644.