THE ESTATES OF PARLIAMENT presently conveened by vertue of the last Act of the last Parliament , holden by His Majestie 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 Kingdomes , 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 Passe , 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 , where-ever they can be found , and sent again with all diligence to their Company and Colours , upon the publick charge , which is to be advanced by the Collectors of the Excise , and allowed in their compts ; There to be punished conform to the Articles of Military Discipline : Or else that the Committees of Warre , 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 Publick : And if there be but one or more of them within tenne , to cause hang one of them , albeit there be but one , and cause send the rest of the saids Fugitives , Horse and Foot , to the Committee of Estates at Edinburgh , upon the expences of the Publick , 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 incourages them to keep themselves still lurking , and incourages others by their example to run away ; Therefore it is statute ●nd ordained , that whosoever shall keep , reset , or entertaine 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 Countrey , and the Cause presently in hand , and shall be accordingly punished by the Committee of Estates , or Committees and Colonels of Warre where they dwell , or Magistrates within Burgh , and shall be lyable in the summe of five hundreth Merks 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 imployed for the use of the Publick , and the other half of the famine shall pertain to whatsoever Persons that shall delate the foresaids Persons , Resetters , and Entertaners , and who shall qualifie 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 Warre 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 forme and tenor thereof : ilk Person of the saids Committees of Warre , Colonels , and Captains of Parochines , and Magistrates within Burgh , hall pay the summe of five hundreth Merks , for ilk failʒie , toties quoties ; the one half of which Fyne shall pertain to the Publick , 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 apprehend the saids Fugitives through their whole Bounds and Lands , within whatsoever P●roch or Burgh the saids out-putters dwells , and shall either apprehend 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 , conform to the tenour 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 expences , and the Fugitives themselves to be searched , apprehe●ded , and punished , as said is . And it is statute and ordained also , that the Captains of Parochines , who shall apprehend the saids Fugitives , or Magistrates within Burgh , shall produce the saids Fugitives before the Committee of Warre 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 Publick , 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 Warre , 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 thir presents , as well for Run-awayes and Fugitives , who have run away in any time by-gone , from any of the Arnies levyed heretofore within this Kingdome for this common Cause , as for these who shall be levyed and run away in time coming . And ordains this present Act to be printed ▪ and a Copie thereof to be sent to every Paroch Kirk , and every Committee of Warre , and every Burgh within ilk Division within this Kingdome , and that it be read at ilk Paroch Kirk , upon the first Sunday after the receipt hereof , and thereafter fixt on the Kirk door , or wall , to be read 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 Passe fro● some Colonell , or a Testimoniall from the Minister and Session from whence they come , and who shall reset any such Person without Passe or Testimoniall , and shall not delate them , shall incurre 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 .