WHereas the Inhabitants of both Nations that live near to the Mountains, and in Dales, and Marish and other obscure places upon the Borders, having been long accustomed to Idleness and Theft, whilest the two Nations were under several Governments, and cannot be brought off from their old evil and accustomed maner of Living, by reason of the scituation of their Habitations and Dwellings near to the great Bogs and Mountains, and Large Waste Grounds between England and Scotland, having thereby such opportunity, not onely at home to hide themselves and their Prey or Booties of stollen Goods, but also of Conveyance over the said Bogs, Mountains and Large Wastes out of the Nation where they commit these Felonies, into the other Nation, where their persons and stollen Goods are oftentimes shel­tered [Page 2] and received by persons of their own bad Quality and Confederacy, these Bordering People of both Nations thus serving each other by turns, so as it is very hard to bring these people to be responsible to Iustice, or to get them apprehended upon Iustices War­rants to be brought to Trial and Iudgement, whereby they remain much encouraged and emboldened to continue in that their base and loose course of Living by Theft, to the great Infesting and Damage of the Bordering Counties of both Nations; For Remedy whereof, Be it Enacted by His Highness the Lord Protector and this present Parliament, and it is hereby Enacted and Ordained, That as to all the Bordering Counties and parts of England and Scotland, (viz.) The Counties of Northumberland, Cumberland and Westmerland, or any parts or members of them, any or either of them, and the parts and places lying on the North-side of the River of Tyne, commonly called and known by the names of Bedlington­shire, Norhamshire and Islandshire, the Town and County of Newcastle upon Tyne, the Town of Berwick upon Tweed, and the Bounds thereof upon the English side: The Counties or She­riffdoms of Berwick, Roxbrough, Selkirk, Pebles, Wigton and Dumfreeze, upon the Scottish side; That it shall and may be lawful to and for the respective Iustices of Peace within any of the said respective Counties, Shires and Sheriff­doms, who also are hereby required that once a Year at least, any two or more of them (whereof one to be of the Quorum) do, and shall hold a private Sessions for the ends and pur­poses hereafter specified and declared, within [Page 3] all and every respective Hundred, Ward or Li­berty within the respective Counties, Shires and Sheriffdoms aforesaid, whereof they shal give at least fourteen days warning to the Inhabitants of the time and place of their Sitting, by notice to every Parish within the respective Ward, Hundred or Division, and al­so Proclamation in the next Market-Town in open and full Market time, where at the place so appointed by them, they shall have power to call before them the Constables and Church­wardens, or other Parochial Officer or Offi­cers, to give in upon Oath a perfect List of the Names of all such persons within the seve­ral and respective Parishes of the said Coun­ties, Shires or Sheriffdoms, as live idly, and can give no good Accompt how they maintain themselves, or that are of bad fame, and not having any visible Estate, real or personal, to the value of One hundred Pounds Sterling Money, which may render him or them re­sponsible; all which persons the said Church­wardens and Constables, or other Officer and Officers aforesaid, shall also upon Warrant from any of the said Iustices, summon to ap­pear before them the said Iustices at the time and place by them appointed, and to bring with them and every of them two sufficient Sureties, each to be bound to His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, and His Succes­sors, in a Recognizance, not exceeding the sum of Fifty pounds for each Surety, nor the sum of One hundred pounds for the principal Per­son thus to be secured, nor under Ten pounds for each Surety, nor under Twenty pounds [Page 4] for the person to be secured that he shall be of good Behavior, and upon any occasion so re­quiring, he will and shall from time to time make his personal Appearance within Four­teen days after the delivery of the Warrant of any Iustice of Peace for that County, either to himself, or to either of his Sureties, requi­ring him or them to answer to any Treasons, Murthers, Robberies, Felonies or other Mis­demeanors whatsoever; All which Recogni­zances the said Iustices of Peace in their re­spective Counties, Shires and Sheriffdoms, are hereby Authorized to take the Acknow­ledgement of, and in case of Forfeiture, return the same into the Publique Exchequer at West­minster or Edenburgh respectively; And in case any such person or persons cannot, or shall not finde such Security, That then the said Iu­stices are hereby Authorized and Required to Commit him or them to the Common Gaol for the said County, Shire or Sheriffdom, there to remain without Bail until the next Quarter Sessions for the Peace, where they the Iustices of Peace for the said respective Counties, Shires or Sheriffdoms, are here­by Authorized and Required, and Impowered by Order of Court, to continue him or them in prison, or commit him or them to the House of Correction, until such time as he or they shall procure such Security as beforesaid, or otherwise to transport him or them to some of the Plantations in America, belonging to this Commonwealth, not to return for seven years without License from His Highness the Lord Protector or His Successors, under the penalty of Felony: And in case any such person or per­sons [Page 5] make default to appear at the time and place appointed, having lawful Warning gi­ven as beforesaid, and the same testified upon Oath, That then the said Iustices of Peace shall, and are hereby Authorized, Required and Impowered to proceed against him or them as beforesaid, whensoever he or they shall be found and apprehended.

And be it hereby further Enacted, That the said Iustices of the Peace shall at the next Sessions for the Peace (after the taking of such Recognizance) deliver all and every of them to the Clerk of the Peace for the said County, Shire or Sheriffdom, who is hereby required to file up the same upon a File, and the same safely keep; And that the said Iu­stices Clerk shall not take above Three shil­lings for any such Recognizance for any one person, whereof the one moyety for them­selves, the other moyety for the Clerk of the Peace for filing and keeping the same; And that the respective Clerks of the Peace shall not take above Six pence for the Search and a Note of any Persons name, and the names of his Sureties, of any that shall require the same; nor that any such person or persons (to be bound by Recognizance as beforesaid) shall be put to the trouble or charge of Renewing his or their Recognizance or Recognizances, but the same to continue of force during their Lives, except in case of Death of any Surety or Sureties, or their declaring their unwil­lingness to stand longer bound, except the Iu­stices of Peace for the respective Counties in open Sessions of the Peace, or Commission­ers of Oyer and Terminer at their general Gaol-Delivery, [Page 6] the Iudges of Assize, or Iudges in Criminal Causes in their respective Cir­cuits, or some of them, shall finde just cause to release such Recognizance or Recognizances; For which end all and every of the said Recog­nizances shall be called once every year or oft­ner (if occasion shall require) at the respective private Sessions for every County, Hundred, Ward, and Liberty or Division, within any of the said respective Counties, Shires and She­riffdoms, and the persons bound to make their personal Appearance, the Clerk or Cryer not taking above Four pence for calling any one Bond.

And be it hereby further Enacted by the Authority aforesaid, That if at any time or times hereafter any person or persons shall commit any offence or offences within the Na­tion of Scotland, which by the Laws of the Nation of England is, are, or shall be declared or adjudged to be petty Treason, Murther, Man-slaughter, Felonious burning of Houses and Corn, Burglary, Robbing of Houses by day, Robbery, Theft, or Rape, and do, and shall flie or escape into the Nation of England, and be, or shall be apprehended within any of the said Counties of Northumberland, Cumber­land, Westmerland, or any parts or Members of the same, or within the parts or places lying on the North side of the River of Tyne, com­monly called or known by the names of Bed­lington-shire, Norhamshire and Islandshire, the Town and County of Newcastle upon Tyne, and the Town of Berwick upon Tweed, with the Bounds and Limits thereof, That then it shall and may be lawful for the Iustices of [Page 7] Assize, or any one of them in absence of the other, the Iustices of Gaol-Delivery at their Gaol-Delivery, or any four of them, or the Iustices of Peace in their General or Quar­ter Sessions, or any four of them, upon due and mature Examination of the said Offence and Offences in open Sessions, and pregnant Proofs of the same, by Warrant under their Hands and Seals, to remand and send all and every such Offender and Offenders into the Nation of Scotland, there to receive their Try­al for any the Offences aforesaid by them there committed.

And it is hereby further Enacted, That if at any time or times hereafter any person or persons shall commit any Offence or Offences within the Nation of England, which by the Laws of the Nation of Scotland is or shall be declared or adjudged to be Petty Treason, Murther, Man-slaughter, Felonious burn­ing of Houses and Corn, Burglary, Robbing of Houses by day, Robbery, Theft, or Rape, and do or shall flie or escape into the Nation of Scotland, and be, or shall be apprehended within any of the said Counties or Sheriffdoms of Berwick, Roxbrough, Selkirk, Pebles, Dumfreeze or Wigton, That then it shall and may be lawful for the Iudges in Criminal Causes, or any one of them, the Iustices of Peace for the respective Shires or Sheriffdoms, or any four of them, upon due and mature Exami­nation of the said Offence and Offences in open Sessions, and pregnant Proofs of the same, by Warrant under their Hands and Seals, to remand and send all and every such [Page 8] Offender and Offenders into the Nation of England, there to receive their Tryal for any the Offences aforesaid by them there com­mitted.

And for the better and more effectual Disco­very and Prosecution of Thieves and High-way Men, Be it Enacted by the Authority aforesaid, That such person or persons who shall at any time from and after the Four and twentieth of July, One thousand six hundred fifty seven, discover to any Iustice of Peace or any other Officer of Iustice, any person that hath committed, or shall commit within Eng­land, Scotland or Ireland, any Robbery on the High-way or Burglary, or that hath or shall feloniously break open any Dwelling-house, or feloniously enter into any such House, or there use any violence upon any person, or steal any Money or Goods, and shall apprehend or cause to be apprehended such Offender, upon convi­ction of such Offender so apprehended upon such Discovery, shall have a Reward of Ten pounds for every such Offender so apprehend­ed and convicted; and all and every Sheriff and Sheriffs of the respective Counties or Sheriffdoms where such conviction shall be had, be required upon the Certificate of the Iudge, or under the hands of two or more Iu­stices of the Peace before whom such convi­ction shall he had, to pay unto such person or persons who shall discover and apprehend such Offender, or upon whose Discovery such Of­fender shall be apprehended, the Reward afore­said of Ten pounds for every Offender so ap­prehended and convicted, out of the Publique [Page 9] Moneys received by him in that County, and the same shall be alowed unto him upon his Accompt in the Exchequer.

And be it further Enacted and Declared, That any person or persons that shall discover any Felon or Felons (commonly called or known by the name of Moss-Troopers, residing upon the Borders of England and Scotland, or any Tories in Ireland) who upon such Discovery shall be apprehended and convicted of any com­mon Felony (Petty Larceny onely excepted) shall upon the said Conviction have the like en­couragement of Ten pounds; And all She­riffs of the respective Counties where the Fact shall be committed, and the party convicted, shall make payment thereof accordingly.