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<DATE>2014-09-11</DATE>
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<NAME>Mona Logarbo</NAME>
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<ITEM>Proofed and reviewed as part of batch B140715.pdcc.</ITEM>
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<STC T="W">S1052</STC>
<BIBNO T="oclc">[ocn]690988945</BIBNO>
<VID>211685</VID>
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<DIV1 TYPE="Act of Parliament">
<PB REF="1">
<PB REF="2">
<HEAD>Act anent the&s;e who are or &s;hall be found Fugitives and Run-awayes from their Companies and Colours.</HEAD>
<P>_THE ESTATES OF PARLIAMENT pre&s;ently conveened by vertue of the la&s;t Act of the la&s;t Parliament, holden by His Maje&s;tie and three E&s;tates, in <HI>Anno</HI> 1641. Taking to their con&s;ideration the great prejudice and danger which may ari&s;e to the Armies rai&s;ed and to be rai&s;ed, for defence of Religion, Liberties, and Kingdomes, by rea&s;on of &s;ome, who having gone or &s;hall go out with the &s;aids Armies, have run away, or may hereaf|ter run away from their Companies and Colours. For remedy whereof, It is &s;tatute and ordained, that all tho&s;e both of Hor&s;e and Foot, who &s;hall run away from their Companies and Colours, without a Pa&s;&s;e, &s;hall be apprehended by the Colonels and Committees of War within ilk Shire and Divi&s;ion, Captains of Parochines, or Magi&s;trates with|in 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, upon the publick charge, which is to be advanced by the Col|lectors of the Exci&s;e, and allowed in their compts; There to be puni&s;hed conform to the Articles of Military Di&s;ci|pline: Or el&s;e that the Committees of Warre, and Colonels within ilk Shire, and Magi&s;trates within Burgh (if they think it expedient for the good of the Armies, and terrifying others from running away in like manner) decimate the &s;aids Fugitives, both Hor&s;e and Foot, being appre|hended, and cau&s;e hang the tenth man of them, and e&s;cheat their goods for the u&s;e of the Publick: And if there be but one or more of them with|in tenne, 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 E&s;tates at Edinburgh, upon the expences of the Publick, as is afore&s;aid, to be &s;ent back to their Colours, in manner as the &s;aid Committee &s;hall think fit. And becau&s;e the re&s;etting and entertaining of the &s;aids Fugit<GAP DESC="illegible" EXTENT="1 letter">ves, imbolds 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 <GAP DESC="illegible" EXTENT="1 letter">nd ordained, that who&s;oever &s;hall keep, re&s;et, or entertaine the &s;aids Fugitives, Hor&s;e or Foot, or &s;hall have knowledge of their being within their bounds, and &s;hall not delate and deliver them to the &s;aid Commit|tee, Colonels of Shires, Captains of Parochines, or Magi&s;trates within Jurgh, with all po&s;&s;ible diligence; then the &s;aids Re&s;etters or Concealers, &s;hall be repute &amp; e&s;timate as di&s;-affected, &amp; Enemies to Religion, their Countrey, and the Cau&s;e pre&s;ently in hand, and &s;hall be accordingly pu|ni&s;hed by the Committee of E&s;tates, or Committees and Colonels of Warre where they dwell, or Magi&s;trates within Burgh, and &s;hall be lyable in the &s;umme of five hundreth Merks for every Hor&s;e-man, and one hundreth pounds for every Foot-man they &s;hall be found to have re&s;et in manner fore&s;aid: The one half whereof &s;hall be imployed for the u&s;e of the Publick, and the other half of the famine &s;hall pertain to what&s;oever Per&s;ons that &s;hall delate the fore&s;aids Per&s;ons, Re&s;etters, and Entertaners, and who &s;hall qualifie the fore&s;aid Re&s;et and Entertainment; To whom the &s;aids E&s;tates promi&s;eth hereby to grant and di&s;pone, and by hir pre&s;ents grants and di&s;pones the pre&s;ent right of the &s;ame. And if the Committees and Colonels of Warre within each Divi&s;ion, or any per&s;<GAP DESC="illegible" EXTENT="1 letter">n being thereupon, Captains of Parochines, or Magi&s;trates within Burgh, &s;hall be negligent in taking order with the fore&s;aids Fugitives and Run-<GAP DESC="illegible" EXTENT="1 letter">wayes from their Colours, and with their Re&s;etters and Entertainers, or &s;hall delay and be deficient in putting of this Act to execution, after the forme and tenor thereof: ilk Per&s;on of the &s;aids Committees of Warre, Colonels, and Captains of Parochines, and Magi&s;trates within Burgh, hall pay the &s;umme of five hundreth Merks, for ilk fail&yogh;ie, <HI>toties quoties;</HI> the one half of which Fyne &s;hall pertain to the Publick, and the other half thereof to the Per&s;ons delaters. 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 happn hereafter to out-reach Souldiers on Hor&s;e or Foot, that the&s;e out-reach|ed by them are disbanded and fled from their Colours, the &s;aids out-p<GAP DESC="illegible" EXTENT="1 letter">tters of them &s;hall be obliged to &s;earch, &s;eek, and apprehend the &s;aids Fu|gitives through their whole Bounds and Lands, within what&s;oever P<GAP DESC="illegible" EXTENT="1 letter">roch or Burgh the &s;aids out-putters dwells, and &s;hall either apprehend and appre&s;ent them to the Committee and Colonels of the Shire, Captains of Parochines, or Magi&s;trates within Burgh, that order may be ta+ken with them, conform to the tenour of this pre&s;ent Act. Or el&s;e if th<GAP DESC="illegible" EXTENT="1 letter">y be without their own proper Lands, to require the Heritor, Bailie, or Of|ficer who hath charge of their affairs, to produce the Fugitives delat<GAP DESC="illegible" EXTENT="1 letter">d by them to be within their Bounds, before the Committee of the Shire: Or otherwi&s;e to a&s;&s;i&s;t the &s;aids out-putters, in &s;earching and apprehending the &s;aids Fugitives, as they will be an&s;werable within the Bounds fore|&s;aids. And if the &s;aids out-putters and others, &s;hall be negligent t<GAP DESC="illegible" EXTENT="1 letter"> do their exact diligence therein, the &s;aids out-putters &s;hall be obliged to make up their number, by out putting of men in their places, &s;ufficently provided in Arms, and others nece&s;&s;aries, upon the &s;aids out-putters own expences, and the Fugitives them&s;elves to be &s;earched, apprehe<GAP DESC="illegible" EXTENT="1 letter">ded, and puni&s;hed, as &s;aid is. And it is &s;tatute and ordained al&s;o, that the Captains of Parochines, who &s;hall apprehend the &s;aids Fugitives, or Magi&s;trates within Burgh, &s;hall produce the &s;aids Fugitives before the Com|mittee of Warre within their Bounds, at the next meeting of the &s;aid <GAP DESC="illegible" EXTENT="2 letters">mmittee, under the pains to be puni&s;hed and cen&s;ured as Re&s;etters. And it is ordained likewi&s;e, That the Magi&s;trates of Burghs, within who&s;e Bounds the &s;aids Fugitives &s;hall be apprehended, &s;hall receive the &s;aids Fu|gitives from the &s;aid Committee, to be keeped by them in firmance, upon the charge of the Publick, to be advanced forth of the Exci&s;e, and with all diligence to be &s;ent to the Committee of E&s;tates at Edinburgh. Li<GAP DESC="illegible" EXTENT="1 letter">eas it is &s;tatute and ordained, that this pre&s;ent Act &s;hall be extended again&s;t all Re&s;etters, Fugitives, Committees of Warre, Colonels, Captains, and Magi&s;trates of Burgh, and others fore&s;aids, for any re&s;et or neglect of the di&s;charge of their duty <HI>re&s;pective</HI> above-written, in any time coming, after the publication of thir pre&s;ents, as well for Run-awayes and Fu|gitives, who have run away in any time by-gone, from any of the Arnies levyed heretofore within this Kingdome for this common Cau&s;e, as for the&s;e who &s;hall be levyed and run away in time coming. And ordains this pre&s;ent Act to be printed&punc; and a Copie thereof to be &s;ent to eve|ry Paroch Kirk, and every Committee of Warre, and every Burgh within ilk Divi&s;ion within this Kingdome, and that it be read at ilk Paroch Kirk, upon the fir&s;t Sunday after the receipt hereof, and thereafter fixt on the Kirk door, or wall, to be read by every Per&s;on, that none pretend ignorance. And farther, le&s;t the Fugitives that &s;hall run away, as &s;aid is, might be &s;uffered to lurk and e&s;cape unpuni&s;hed: It is &s;tatute and ordai|ned, That no &s;tranger &s;hall be received within any Pari&s;h or Shire, who &s;hall not have a Pa&s;&s;e fro<GAP DESC="illegible" EXTENT="1 letter"> &s;ome Colonell, or a Te&s;timoniall from the Mini&s;ter and Se&s;&s;ion from whence they come, and who &s;hall re&s;et any &s;uch Per&s;on without Pa&s;&s;e or Te&s;timoniall, and &s;hall not delate them, &s;hall incurre the puni&s;hment of Re&s;etters of Fugitives. And Ordains the Committee to be appoint<GAP DESC="illegible" EXTENT="1 letter">d by the E&s;tates, to &s;ee the whole Heads and Ar|ticles of the Act fore&s;aid put to a full execution.</P>
<CLOSER><SIGNED>Cler. Regi&s;tri.</SIGNED></CLOSER>
</DIV1>
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<P>Printed at Edinburgh by <HI>Evan Tyler,</HI> Printer to the Kings mo&s;t E<GAP DESC="illegible" EXTENT="1 letter">cellent Maje&s;tie, Anno Dom. 1644.</P>
</DIV1>
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