Page:Ruffhead - The Statutes at Large - vol 3.djvu/121

 jA. D. 160.9. Anno feptimo Jacobi I. C. 2. 73 ' the fame, Ihould for any High Treafon, Mifprifion or Conceahnent of High Treafon, Petty Treafon, ''r,; j ^ , ' or any other whatfoever Offence or Caufe committed within Scotland, be fent out of England where lie ' ' ' ' ' II. Since the Making of which Statute, although thofe Parts of the Kingdom of England, adjoining ' ceflant Care and Princely Policy, reduced to more civil and peaceable Eftate than could in (hort '■ Time have been expedled or hoped for: (2) Yet Experience teacheth, that Malefadtors of either ' Realm having committed their Offences in the other Realm, do forthwith fly and efcape into their ' own Country, thereby to purchafe their Impunity, to the great and manifelt Grievance of the one ' Offender committing any the Offences aforefaid in Scotland, that hath been profecuted to his Trial, ' Judgment or Execution in Englatid, by Reafon or upon any the Branches, Laws or Ordinances in ' the faid Statute mentioned or contained : (4) Whereby it manifeftly appeareth, that the faid Claufe ' in the faid Statute contained, and before in this prefent hSt exprefly mentioned, concerning the ' not Sending out of England any natural born Subject: of this Realm or the Dominions of the fame, ' for any whatfoever Offence committed within the Realm of Scotland, to receive his Trial for any ■* intended, to the great Prejudice and Diflionour of both Realms :' III. For the Preventing of which apparent and too manifeft Mifchief and Inconvenience, Be it en- if an EngiiiTi- acfted, and by the Authority of this prefent Parliament eftablifhed. That if at any Time or Times '".^"'^j'" <='='"- after the End of this prefent Seffion of Parliament, any Perfon or Perfons fhall commit any Offence ^otianJJ"^n5 or Offences within the Realm of Scotland, which by the Laws of this Realm of England is, are or lliall then fly into be declared or adjudged to be Petty Treafon, Murder, Manflaughter, felonious Burning of Houfes and ^^f^"^' '^^ Corn, Burglary, Robbing of Houfes by Day, Robbery, Theft or Rape, and do or fhall fly or efcape fend'the of-^ into the Realm of England, and he or fhall be apprehended within any the Counties of Northinnher- fender into land, Cumberland, Wejlmerland, or any Parts or Members of the fame, or v/ithin the Parts or Places Scotland to be lying on the North-fide of the River of Tine, commonly called or known by the Names of B'edlin-^^^^ ' tonflnre, Norhamjhire 'znA Iflandjhire, the Town and County of Neiucajlle upon Tine, and the Town of Berwick upon Tiueed, with the Bounds and Liberties thereof; That then it fhall and may be law- ful to and for the Juftices of Aflize, or any one of them in the Abfence of the other, the Juftices of Gaol-delivery at their Gaol-delivery, or any four of them, or the Juftices of Peace in their General or Quarter-Seffions, or any four of them, upon due and mature Examination of the faid Offence or Offences in open Seffions, and pregnant Proofs of the fame, by Warrant under their Hands and Seals, to demand and fend all and every fuch Offender and Offenders into the Realm of Scotland, there to receive their Trial for any the Offences aforefaid by them there committed; any Thing in the faid Sta- tute contained to the contrary thereof notwithftanding. iV. This Law to continue to the End of the firft Seffion of the next Parliament. Continuancjof V. Provided neverthelefs, and be it enadted by the Authority aforefaid, That this Statute, nor any '|j'.^*-^^[^- Claufe therein contained, fhall take Effedt or be in Force, or in any wife be deemed or expounded to be^ajginscot- take Effect, to any Intent, Conftruffion or Purpofe, until a Law by A61 of Parliament be made and land.
 * other Things enabled. That no natural-born Subjed of the Reahn of England, or the Dominions of f'='o"y '" Soot-
 * is apprehended, to receive his Trial, until fuch Time as both Realms fhiould be made one in Laws
 * and Government, which is the Thing fo much defired, as that v/herein the full Perfedlion of the bleffcd
 * Union already begun in his Majefty's Royal Pcrfon confifteth.
 * and lying near unto the Realm and Kingdom of Scotland, have been and are by his Majefty's in-
 * Realm, and the Diihonour of the other: By Means whereof very many great and heinous Offences
 * fmce the Making of the faid Statute have been and are ftill likely to be committed without con-
 * dign Punilhment; (3) for that fince the Making of the faid Statute, there hath not been any one
 * the faid Offences, hath not brought forth that good EfTe6l as was hoped for, aad by the faid Law
 * eftablifhed with the Realm of Scotland, for the Remanding and Sending out of the Realm of Scotland

into the Realm of England, all and every Perfon and Perfons born within the Realm of Scotland, ox the _^ Dominions of the fame, which fhall at any Time hereafter commit any the Offences aforefaid within the Realm of England, to receive his or their Trial in the Realm of England, for all and every the faid Offences by them committed in the faid Realm of England. [3 Car. i. c. 4. continued until the End of the firft Seffion of the next Parliament, and farther continued by 16 Car. i. c. 4.] C A P. II. An Aft that all fuch as are to be naturalized, or reftored in Blood, fliall firft receive the Sacrament of the Lord's Supper, and the Oath of Allegiance and the Oath of Supremacy. ty the King's moft excellent Majefty, the Lords Spiritual and Temporal, and the Commons, in this ftored in Blood, prefent Parliament affembled. That no Perfon or Perfons. of what Quality, Condition or Place foever, being of the Age of eighteen Years or above, fhall be naturalized or reftored in Blood, unlefs the faid Perfon or Perfons have received the Sacrament of the Lord's Supper within one Month next before any Bill exhibited for that Purpofe, and alfo fl:iall take the Oath of Supremacy, and the Oath of Alle- ;. giance, in the Parliament-Houfe, before his or her Bill be twice read; (3) And for the better Effe<il:- ing of the Premiffes, Be it further enadted by the Authority aforefaid j That the Lord Chanseller of En- ■ ■gland, or Lord Keeper of -the .Great Seal for the Time being, if. the Bill begin in the Upper Houfe, and '. ■-the Speaker of the Commons Houfe of Parliament for the Time being, if the Bill begin there, fliall Vol. IIL L have
 * TT^Orafmuch as the Naturalizing of Strangers, and reftoring to Blood Perfons attainted, have been What they mall
 * X^ ever reputed Matters of mere Grace and Favour, -Vvhich are not fit to be beftowed upon ^ny ^^^^o^^j^i ^^f°^_
 * others than fuch as are of the Religion now .eftablifhed in this Realm;' (2) Be it therefore enadted tu^ii^ed or re-"