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<DATE>2009-03-05</DATE>
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<NAME>Mona Logarbo</NAME>
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<ITEM>Proofed and reviewed as part of batch B090014.pdcc.</ITEM>
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<STC T="W">S1052A</STC>
<BIBNO T="oclc">51617474</BIBNO>
<VID>175348</VID>
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<DIV1 TYPE="Act of Parliament">
<PB REF="1" MS="y"><!-- PDF PAGE 14 -->
<HEAD>An Act anent tho&s;e who are or &s;hall be Fugitives or Runawayes from their Companies and Colours.</HEAD>
<OPENER><DATELINE>At <HI>Edinburgh</HI> <DATE>the 22 of January 1644.</DATE></DATELINE></OPENER>
<P>_THe Lords and others of the Committee of the E&s;tates pre&s;ently conveened, taking to their con&s;ideration the great prejudice and danger which may ari&s;e to the pre&s;ent Armie and Ex|pedition for <HI>England,</HI> by &s;ome who having gone out with the &s;aid Armie and Expedition, may hereafter turne backe and run away from their Company and Colours: For remedie where|of, it is Statute and Ordained, That all tho&s;e both of Hor&s;e and Foot who &s;hall run away from their Colours and Companies without a Pa&s;&s;e, &s;hall be apprehended by the Colonells and Committees of Warre within ilk Shire, or Magi&s;trates within Burgh where they dwell, and others whom they &s;hall appoint for that effect where ever they can be found, and &s;ent again with all diligence to their Company and Colours, there to be puni&s;hed conform to the Arti|cles of Military Di&s;cipline; or el&s;e that the Committees of Warre and Colonells within ilk Shire, and Magi&s;trates within ilke Burgh (if they think it expedient for the good of the Army, and for terrifying others from running away in like manner) decimat the &s;aids fugitives both hor&s;e and foot, from their Companies and Colours, being apprehended, and cau&s;e hang the tenth man of them: And if there be but one or moe of them within ten, to cau&s;e hang one of them, albeit there be but one, and cau&s;e &s;end the re&s;t of the &s;aids fugitives, hor&s;e and foot, to the Committee of the E&s;tates at Edinburgh, upon the expen&s;es of the Publick, to bee puni&s;hed with a marke of infamy, and &s;ent back to their Colours. And becau&s;e the re&s;etting and intertaining of the &s;aids fugitives, imboldens and incourages them to keep them&s;elves &s;till lurking, and incourages others by their example to run away; Therefore it is &s;tatute and ordained, that who&s;oever &s;hall keep, re&s;et, or entertain any of the fore&s;aids fugitives, hor&s;e or foot, &amp; &s;hall not dilate or deliver them to the &s;aid Committee and Colonels of the Shire, or Magi&s;trates within Burgh, with all po&s;&s;ible diligence; Then the &s;aids re&s;etters &s;hall be repute and e&s;teemed as di&s;affected, and enemies to Religion, to their Countrey, and to the Cau&s;e pre&s;ently in hand; and &s;hall be accordingly puni&s;hed by the Committee of the E&s;tates, or Committees and Colonells of warre where they dwell, or Magi&s;trates within Burgh; and &s;hall be puni&s;hed with the lo&s;&s;e of the halfe of all their moveable goods; the one halfe whereof, &s;hall bee imployed for the u&s;e of the Publick, and the other halfe of the &s;amine &s;hall pertain to what&s;oever per&s;on &s;hall dilate the fore&s;aids per&s;ons, re&s;etters and entertainers, and who &s;hall qualifie the fore&s;aid re&s;et and entertain|ment: To whom the &s;aid Committee of E&s;tates promi&s;eth hereby, upon their honour and credit, to grant and di&s;pone the pre&s;ent right and po&s;&s;e&s;&s;ion of the &s;amine. And if the Committees and Colonels of warre, within each divi&s;ion, or any per|&s;on being thereupon, or Magi&s;trates within ilke Burgh, &s;hall be negligent in taking order with the fore&s;aids fugitives and run|awayes from their Colours, and with their re&s;etters and entertainers, or &s;hall bee deficient in putting of this Act to execu|tion after the forme and tenor hereof, ilke per&s;on of the &s;aids Committees of warre, and Colonels, and the Magi&s;trates within ilke Burgh, &s;hall be fined by the Committee of E&s;tates, in the &s;umme of three hundred pounds Scotti&s;h money, for ilk fail&yogh;ie <HI>tottes quoties;</HI> the one halfe of which fyne, &s;hall pertain to the Publick, and the other halfe thereof to the parties dilaters. And al&s;o it is &s;tatute and ordained, that if it come to the knowledge of any per&s;on, who have, or &s;hall happen hereafter to out-reach Souldiers, on hor&s;e or foot, that the&s;e out-reached by them, are disbanded &amp; fled from their Colours, the &s;aids out-putters of them &s;hall be obliged to &s;earch, &s;eek, and apprehend the &s;aids fugitives, through the whole bounds of the Pari&s;hes or Burghs where the &s;aids out-putters dwells, and &s;hall either apprehend them, and pre&s;ent them to the Com|mittee and Colonells of the Shire, or to the Magi&s;trates of the &s;aids Burghes, that order may be taken with them, conforme to the tenor of this pre&s;ent Act; or el&s;e &s;hall put them from the bounds of the &s;aid Pari&s;h or Burgh: or otherwayes, if the &s;aids out-putters &s;hall be negligent to do their exact diligence herein, the &s;aids out-putters &s;hall be obliged to make up their number by out-putting of men in their places, &s;ufficiently provided in Arms and other nece&s;&s;aries, upon the &s;aids out-putters their owne expen&s;es. And ordains this Act to be printed, and ane coppy thereof to bee &s;ent to every Pari&s;h Kirk, and to every Committe of warre, and every Burgh within ilke divi&s;ion within this Kingdome: And that it bee read at ilk Pari&s;h Kirk, upon ane Sunday, and thereafter battered on the Kirk wall, to be read by every per&s;on, that none pretend ignorance thereof.</P>
<CLOSER><SIGNED>Arch. Primero&s;e.</SIGNED></CLOSER>
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<DIV1 TYPE="colophon">
<P>Printed at Edinburgh by <HI>Evan Tyler,</HI> Printer to the Kings mo&s;t Excellent Maje&s;tie. <HI>1644.</HI></P>
</DIV1>
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