<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2010-09-05</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B100712.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="B02949">
<STC T="W">E1100A</STC>
<BIBNO T="oclc">51784535</BIBNO>
<VID>174944</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<P>AN ACT For the better Suppre&s;&s;ing of THEFT Upon the Borders of England and Scotland, AND For Di&s;covery of HIGH-WAY MEN, and other FELONS.</P>
<P>At the Parliament begun at <HI>We&s;tmin&s;ter,</HI> the 17^t^h day of <HI>September, An. Dom.</HI> 1656.</P>
<P><FIGURE>
<FIGDESC>seal of the Commonwealth</FIGDESC>
</FIGURE></P>
<P><HI>EDINB&V;RGH,</HI> Re-printed by <HI>Chri&s;topher Higgins,</HI> in Harts Clo&s;e, over again&s;t the Trone Church, 1657.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>AN ACT For the better Suppre&s;&s;ing of THEFT Upon the Borders of England and Scotland, AND For Di&s;covery of High-way Men, and other Felons.</HEAD>
<P>_WHereas the Inhabitants of both Nations that live near to the Mountains, and in Dales and Mari&s;h and other ob&s;cure places upon the Borders, having been long accu&s;tomed to Idlene&s;s and Theft, while&s;t the two Nations were under &s;everal Governments, and cannot be brought off from their old evill and accu&s;tomed manner of Living, by rea&s;on of the &s;cituation of their Habitations and Dwellings near to the great Bogs and Mountains, and Large Wa&s;te Grounds between <HI>England</HI> and <HI>Scotland,</HI> having thereby &s;uch opportunity, not only at home to hide them&s;elves and their Prey or Booties of &s;tollen Goods, but al&s;o of Conveyance over the &s;aid Bogs, Mountains and Large Wa&s;tes out of the Nation where they commit the&s;e Felonies, into the other Nation, where their Per&s;ons and &s;tollen Goods are often-times
<PB N="2" REF="3">
&s;heltered and received by per&s;ons of their own bad Quality and Confederacy, the&s;e Border|ing People of both Nations thus &s;erving each other by turns, &s;o as it is very hard to bring the&s;e People to be re&s;pon&s;ible to Iu&s;tice, or to get them apprehended upon Iu&s;tices War|rants to be brought to Tryal and Iudgment, whereby they remain much encouraged and emboldened to continue in that their ba&s;e and loo&s;e cour&s;e of Living by Theft, to the great Infe&s;ting and Dammage of the Bordering Counties of both Nations; For Remedy whereof, Be it Enacted by his Highne&s;&s;e the Lord Protector and this pre&s;ent Parliament, and it is hereby Enacted and Ordained, That as to all the Bordering Counties and parts of <HI>England</HI> and <HI>Scotland, (viz.)</HI> The Counties of <HI>Northumberland, Cumberland,</HI> and <HI>We&s;tmerland,</HI> or any parts or members of them, any or either of them, and the parts and places lying on the North &s;ide of the River of <HI>Tyne,</HI> commonly called and known by the names of <HI>Bedlington|&s;hire, Norham&s;hire,</HI> and <HI>I&s;land&s;hire,</HI> the Town and County of <HI>Newca&s;tle</HI> upon <HI>Tyne,</HI> the Town of <HI>Berwick</HI> upon <HI>Tweed,</HI> and the Bounds thereof upon the Engli&s;h &s;ide; The Counties or She|riffdoms of <HI>Berwick, Roxbrough, Selkirk, Pebles, Wigton</HI> and <HI>Dumfrieze,</HI> upon the Scotti&s;h &s;ide; That it &s;hall and may be lawful to and for the re&s;pective Iu&s;tices of Peace within any of the &s;aid re&s;pective Counties, Shires and Sheriff|doms, who al&s;o are hereby required, that once a Year at lea&s;t, any two or more of them, (whereof one to be of the <HI>Quorum</HI>) do, and &s;hall hold a private Se&s;&s;ions for the ends and pur|po&s;es hereafter &s;pecified and declared, within
<PB N="3" REF="3">
all and every re&s;pective Hundred, Ward or Li|berty within the re&s;pective Counties, Shires and Sheriffdoms afore&s;aid, whereof they &s;hall give at lea&s;t Fourteen dayes warning to the Inhabitants of the time and place of their Sitting, by notice to every Pari&s;h within the re&s;pective Ward, Hundred or Divi&s;ion, and al|&s;o Proclamation in the next Market-Town in open and full Market time, where at the place &s;o appointed by them, they &s;hall have power to call before them the Con&s;tables and Church-wardens, or other Parochial Officer or Offi|cers, to give in upon Oath a perfect Li&s;t of the Names of all &s;uch per&s;ons within the &s;eve|ral and re&s;pective Pari&s;hes of the &s;aid Coun|ties, Shires or Sheriffdoms, as live idely, and can give no good accompt how they maintain them&s;elves, or that are of bad fame, and not having any vi&s;ible E&s;tate, real or per&s;onal, to the value of One hundred Pounds Sterling Money, which may render him or them re|&s;pon&s;ible; all which per&s;ons the &s;aid Church-wardens and Con&s;tables, or other Officer and Officers afore&s;aid, &s;hall al&s;o upon Warrant from any of the &s;aid Iu&s;tices, &s;ummon to ap|pear before them the &s;aid Iu&s;tices at the time and place by them appointed, and to bring with them, and every of them, two &s;ufficient Sureties, each to be bound to his Highne&s;&s;e the Lord Protector of the Commonwealth of <HI>England, Scotland,</HI> and <HI>Ireland,</HI> and his Succe&s;|&s;ors, in a Recognizance, not exceeding the &s;um of Fifty pounds for each Surety, nor the &s;um of One hundred pounds for the principal Per|&s;on thus to be &s;ecured, nor under Ten pounds for each Surety, nor under Twenty pounds
<PB N="4" REF="4">
for the per&s;on to be &s;ecured that he &s;hall be of good behaviour, and upon any occa&s;ion &s;o re|quiring, he will and &s;hall from time to time make his per&s;onal Appearance within Four|teen days after the delivery of the Warrant of any Iu&s;tice of Peace for that County, either to him&s;elf, or to either of his Sureties, requi|ring him or them to an&s;wer to any Trea&s;ons, Murders, Robberies, Felonies or other Mi&s;|demeanors what&s;oever; All which Recogni|zances the &s;aid Iu&s;tices of Peace in their re|&s;pective Counties, Shires and Sheriffdoms, are hereby authorized to take the Acknow|ledgement of, and in ca&s;e of Forfeiture, return the &s;ame into the Publick Exchequer at <HI>We&s;t|min&s;ter</HI> or <HI>Edinburgh</HI> re&s;pectively; And in ca&s;e any &s;uch per&s;on or per&s;ons cannot, or &s;hall not finde &s;uch Security, That then the &s;aid Iu|&s;tices are hereby authorized and required to commit him or them to the Common-Goal for the &s;aid County, Shire, or Sheriffdom, there to remain without Bail until the next Quarter-Se&s;&s;ions for the Peace, where they the Iu&s;tices of Peace for the &s;aid re&s;pective Counties, Shires or Sheriffdoms, are here|by authorized and required, and impowered by Order of Court, to continue him or them in Pri&s;on, or commit him or them to the Hou&s;e of Correction, until &s;uch time as he or they &s;hall procure &s;uch Security as before&s;aid, or otherwi&s;e to tran&s;port him or them to &s;ome of the Plantations in <HI>America,</HI> belonging to this Commonwealth, not to return for &s;even years without Licence from his Highne&s;&s;e the Lord Protector or his Succe&s;&s;ors, under the penalty of Felony: And in ca&s;e any &s;uch per&s;on or per|&s;ons
<PB N="5" REF="4">
make default to appear at the time and place appointed, having lawful Warning gi|ven as before&s;aid, and the &s;ame te&s;tified upon Oath, That then the &s;aid Iu&s;tices of Peace &s;hall, and are hereby authorized, required and impowered to proceed again&s;t him or them as before&s;aid, when&s;oever he or they &s;hall be found and apprehended.</P>
<P>And be it hereby further Enacted, That the &s;aid Iu&s;tices of the Peace &s;hall at the next Se&s;&s;ions for the Peace (after the taking of &s;uch Recognizance) deliver all and every of them to the Clerk of the Peace for the &s;aid County, Shire or Sheriffdom, who is hereby required to file up the &s;ame upon a File, and the &s;ame &s;afely keep; And that the &s;aid Iu|&s;tices Clerk &s;hall not take above Three &s;hil|lings for any &s;uch Recognizance for any one per&s;on, whereof the one Moiety for them|&s;elves, the other Moiety for the Clerk of the Peace for filing and keeping the &s;ame; And that the re&s;pective Clerks of the Peace &s;hall not take above Six pence for the Search and a Note of any per&s;ons Name, and the Names of his Sureties, of any that &s;hall require the &s;ame; nor that any &s;uch per&s;on or per&s;ons (to be bound by Recognizance as before&s;aid) &s;hall be put to the trouble or charge of Renewing his or their Recognizance or Recognizances, but the &s;ame to continue of force during their Lives, except in ca&s;e of Death of any Surety or Sureties, or their declaring their unwil|lingne&s;s to &s;tand longer bound, except the Iu|&s;tices of Peace for the re&s;pective Counties in open Se&s;&s;ions of the Peace, or Commi&s;&s;ioners of <HI>Oyer</HI> and <HI>Terminer</HI> at their General Goal-Delivery,
<PB N="6" REF="5">
the Iudges of A&s;&s;ize, or Iudges in Criminal Cau&s;es in their re&s;pective Cir|cuits, or &s;ome of them, &s;hall finde ju&s;t cau&s;e to relea&s;e &s;uch Recognizance or Recognizances; For which end all and every of the &s;aid Recog|nizances &s;hall be called once every year or oft|ner (if occa&s;ion &s;hall require) at the re&s;pective private Se&s;&s;ions for every County, Hundred, Ward, and Liberty or Divi&s;ion, within any of the &s;aid re&s;pective Counties, Shires and She|riffdoms, and the per&s;ons bound to make their per&s;onal appearance, the Clerk or Cryer not taking above Four pence for calling any one Bond.</P>
<P>And be it hereby further Enacted by the Authority afore&s;aid, That if at any time or times hereafter, any per&s;on or per&s;ons &s;hall commit any offence or offences within the Na|tion of <HI>Scotland,</HI> which by the Laws of the Nation of <HI>England</HI> is, are, or &s;hall be declared or adjudged to be Petty-Trea&s;on, Murther, Man-&s;laughter, Felonious burning of Hou&s;es and Corn, Burglary, Robbing of Hou&s;es by day, Robbery, Theft, or Rape, and do, and &s;hall flie or e&s;cape into the Nation of <HI>England,</HI> and be, or &s;hall be apprehended within any of the &s;aid Counties of <HI>Northumberland, Cumber|land, We&s;tmerland,</HI> or any parts or members of the &s;ame, or within the parts or places lying on the North &s;ide of the River of <HI>Tyne,</HI> com|monly called or known by the names of <HI>Bed|lington-&s;hire, Norham-&s;hire,</HI> and <HI>I&s;land-&s;hire,</HI> the Town and County of <HI>Newca&s;tle</HI> upon <HI>Tyne,</HI> and the Town of <HI>Berwick</HI> upon <HI>Tweed,</HI> with the Bounds and Limits thereof, That then it &s;hall and may be lawful for the Iu&s;tices of
<PB N="7" REF="5">
A&s;&s;ize, or any one of them in ab&s;ence of the other, the Iu&s;tices of Goal-Delivery at their Goal-Delivery, or any four of them, or the Iu&s;tices of Peace in their General or Quar|ter-Se&s;&s;ions, or any four of them, upon due and mature Examination of the &s;aid Offence and Offences in open Se&s;&s;ions, and pregnant Proofs of the &s;ame, by Warrant under their Hands and Seals, to remand and &s;end all and every &s;uch Offender and Offenders into the Nation of <HI>Scotland,</HI> there to receive their Try|al for any the Offences afore&s;aid by them there committed.</P>
<P>And it is hereby further Enacted, That if at any time or times hereafter any per&s;on or per&s;ons &s;hall commit any Offence or Offences within the Nation of <HI>England,</HI> which by the Laws of the Nation of <HI>Scotland</HI> is, or &s;hall be declared or adjudged to be Petty-Trea&s;on, Murder, Man-&s;laughter, Felonious burn|ing of Hou&s;es and Corn, Burglary, Robbing of Hou&s;es by day, Robbery, Theft, or Rape, and do or &s;hall flie or e&s;cape into the Nation of <HI>Scotland,</HI> and be, or &s;hall be apprehended with|in any of the &s;aid Counties or Sheriffdoms of <HI>Berwick, Roxburgh, Selkirk, Pebles, Dumfreeze</HI> or <HI>Wigton,</HI> That then it &s;hall and may be lawful for the Iudges in Criminal Cau&s;es, or any one of them, the Iu&s;tices of Peace for the re&s;pective Shires or Sheriffdoms, or any four of them, upon due and mature Exami|nation of the &s;aid Offence and Offences in open Se&s;&s;ions, and pregnant Proofs of the &s;ame, by Warrant under their Hands and Seals, to remand and &s;end all and every &s;uch
<PB N="8" REF="6">
Offender and Offenders into the Nation of <HI>England,</HI> there to receive their Tryal for any the Offences afore&s;aid by them there com|mitted.</P>
<P>And for the better and more effectual Di&s;co|very and Pro&s;ecution of Thieves and High|way Men, Be it Enacted by the Authority afore&s;aid, That &s;uch per&s;on or per&s;ons who &s;hall at any time from and after the Four and twentieth of <HI>July,</HI> One thou&s;and &s;ix hundred fifty &s;even, di&s;cover to any Iu&s;tice of Peace or any other Officer of Iu&s;tice, any per&s;on that hath committed, or &s;hall commit within <HI>Eng|land, Scotland,</HI> or <HI>Ireland,</HI> any Robbery on the High-way or Burglary, or that hath or &s;hall feloniou&s;ly break open any Dwelling-hou&s;e, or feloniou&s;ly enter into any &s;uch Hou&s;e, or there u&s;e any violence upon any per&s;on, or &s;teal any Money or Goods, and &s;hall apprehend or cau&s;e to be apprehended &s;uch Offender, upon Con|viction of &s;uch Offender &s;o apprehended upon &s;uch Di&s;covery, &s;hall have a Reward of Ten pounds for every &s;uch Offender &s;o apprehend|ed, and convicted; And all and every Sheriff and Sheriffs of the re&s;pective Counties or Sheriffdoms where &s;uch Conviction &s;hall be had, be required upon the Certificate of the Iudge, or under the Hands of two or more Iu&s;tices of the Peace before whom &s;uch Con|viction &s;hall be had, to pay unto &s;uch per&s;on or per&s;ons who &s;hall di&s;cover and apprehend &s;uch Offender, or upon who&s;e Di&s;covery &s;uch Of|fender &s;hall be apprehended, the Reward afore|&s;aid of Ten pounds for every Offender &s;o ap|prehended and convicted, out of the Publick
<PB N="9" REF="6">
Moneys received by him in that County, and the &s;ame &s;hall be allowed unto him upon his Accompt in the Exchequer.</P>
<P>And be it further Enacted and Declared, That any per&s;on or per&s;ons that &s;hall di&s;cover any Felon or Felons, (commonly called or known by the name of <HI>Mo&s;s-Troopers,</HI> re&s;iding upon the Borders of <HI>England</HI> and <HI>Scotland,</HI> or any <HI>Tories</HI> in <HI>Ireland</HI>) who upon &s;uch Di&s;covery &s;hall be apprehended and convicted of any Common-Felony (Petty-Larceny onely ex|cepted) &s;hall, upon the &s;aid Conviction, have the like encouragement of Ten pounds; And all Sheriffs of the re&s;pective Counties where the Fact &s;hall be committed, and the party convicted, &s;hall make payment thereof ac|cordingly.</P>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="colophon">
<P><HI>EDINB&V;RGH,</HI> Re-printed by <HI>Chri&s;topher Higgins,</HI> in <HI>Harts</HI> Clo&s;e, over again&s;t the Trone Church.</P>
<P>Anno Dom. 1657.</P>
<PB REF="7">
<PB REF="7">
<PB REF="8">
<PB REF="8">
<PB REF="9">
<PB REF="9">
</DIV1>
</BACK>
</TEXT>
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