[1645/1/40]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, taking into their consideration the great prejudice that befalls the public service of the kingdom through the delayed execution of these acts formerly made against deficients and runaways of the first and second levies, and finding it necessary that all means be used for remedy and prevention thereof in time coming, they statute and ordain that the acts already made thereupon be put in due execution, and for that effect ordain and command all and sundry officers (who are not members of parliament sitting therein) and soldiers of any regiments within the kingdom to proceed to their several colours, these on this side of the River Forth within 10 days after the publication hereof, and these on the other side of the River Forth within 6 days after the publication; and the officers and soldiers within any regiment in England to proceed to their colours, these on this side of the River Forth within 15 days, and these on the other side of the River Forth within 20 days after the intimation hereof, the officers under the pain of losing their places and the soldiers under the pain of death; certifying those that fail that the said pains shall be executed against them without favour. And further the estates do hereby discharge all his majesty's subjects from harbouring any of the said runaways under the pains contained in the act of parliament made relating thereto, and ordain and command the committees of war in the shires to do exact diligence in making search for the deficients, runaways and their harbourers within their shires and such as shall come into their shires without passes from some of the general officers of the army or the commander in chief of that regiment in which they serve; as also in uplifting the fines of the harbourers and heritors that are deficient in the levies, for which purpose they are hereby authorised to direct precepts of poinding and give out such order as they shall think fit for lifting of the said fines, and that out of the first and readiest thereof and of the excise, according to the act of parliament herewith reprinted, the runaway soldiers being sent to their colours to receive punishment according to their demerits. And order the committees in the shires to send an account of their diligence therein to the parliament or committee thereof monthly at least, and the first account to be sent in upon 1 March next; for which if they fail, they shall be liable for 500 merks for each horseman and £100 Scots for each footman that are runaways or deficients in these troops or companies put out of that shire, and letters of horning shall be directed against them for payment thereof. And the estates of parliament considering how necessary it is for the good of the public service and better execution of this act that an exact trial be taken through the shires of the numbers of horse and foot put out by them, they do therefore ordain and command the committees of war in the several shires of this kingdom to compile an exact list of the whole persons' names who were put out of the shires either as horsemen or footmen in the first and second levies, with the persons' names by whom they were put out and the officers' names who received them or money for them, and what the proportion was of money given thereof, and that they send in the same under their subscription with one or two of their own number between now and 1 March next under the pain of horning; with certification to them if they fail, the said day being past, letters shall be directed to denounce them rebels and to escheat etc. And to the effect that their rolls and the carriage of the officers may be better cleared, it is hereby statute and ordained that the officers of the several regiments shall give in under their subscription a list of the persons or monies received by them and from whom, that the same, being compared with the lists sent from the shires, it may be best known where the deficiency is and a course taken for remedying thereof. And discharge all officers in time coming to take monies for uplifting either horse or foot under the pains aforesaid, and declare that in case any person shall give monies to any commander, the same shall in no way be a liberation to those that pay the monies in time coming. And the estates ordain this act with the other made in the last session of this parliament concerning runaways to be printed and published at the market crosses of the head burghs of this kingdom and separate parish kirks thereof, through which none pretend ignorance of the same.