August 1650: An Act to prohibit all Commerce and Traffique between England and Scotland, and Enjoyning the departure of Scots, out of this Commonwealth.

August, 1650

[2 August, 1650.]

All correspondence with Scotland forbidden, on pain of High Treason.; All Scottish persons not licensed by Parlt. to reside in England to depart thence.; All such persons found in England after 1 Sept., 1650, to be dealt with as traitors.; Sheriffs may imprison.; Offences hereunder to be tried by High Court of Justice.; Offenders to suffer death, and their estates to be sequestered.

Whereas the Parliament and Kingdom of Scotland have by their late perfidious and hostile invasion under the late Duke Hamilton, and other their manifold Practices and Designs really evidenced to be still continued against this State, broken and annulled the solemn League and Treaties made betwixt them and this Nation; and thereby, and by a wilful rejection of all peaceable Overtures for a fitting Accommodation of Differences, after their many insufferable Wrongs and Provocations, have rendred it Just and Necessary for this Commonwealth to send an Army into that Kingdom, which is done accordingly, for the Reasons and to the Ends in the late Declaration of this present Parliament upon their Armies march, published and expressed; which although all the People of this Commonwealth ought to take due notice, and in order to the succeeding of that necessary Expedition, are obliged to conform their actions thereto, and forbear all supply and intercourse of and with that Countrey of Scotland, whilest in Enmity with this Commonwealth: Yet to take off all pretence of Ignorance of their Duties from all persons concerned herein; and that they may the better understand the danger of their Neglects, Be it Enacted, Ordained and Declared by this present Parliament, and by the Authority of the same, That all and every person or persons within this Commonwealth, or the Dominions thereof, that shall from and after the Fifth day of August, One thousand six hundred and fifty, use, hold or maintain any Correspondence or Intelligence with any person or persons of the Scottish nation residing in Scotland, without the License, allowance or approbation of the Parliament, the Councel of State, or the Lord General, or with any other person or persons of the said Scottish or any other Nation, whom they shall know to adhere to the Scottish Nation in this War against the Parliament, without such License, Allowance or Approbation as aforesaid; or shall abet, assist, countenance, or encourage the said Scottish Nation, or any other person or persons adhering to them in their War against the Parliament and Commonwealth of England; or shall go or send, or cause to be sent or conveyed any Men, Moneys, Horse, Arms, Ammunition or other Furniture of War, Plate, Goods or Merchandises, or other Supply whatsoever into Scotland, or any Ports or places thereof, or to any Port, place or person under their Power, or in Confederacy with them against this Nation, without the special leave or license of the Parliament of England, or Councel of State appointed by their Authority, or of the Captain General of the Parliaments Forces as aforesaid; All and every such person and persons so offending, shall be adjudged as Traytors to this Commonwealth and shall undergo all pains, penalties and Forfeitures as in case of High Treason; the same Offences to be Enquired of, Tryed, Judged and Determined by the Commissioners for the High Court of Justice lately Established, in such maner and form as other Offences already referred to the Power and Cognizance of that Court, are to be heard, Tryed and Determined. And be it further Enacted and Ordained by Authority aforesaid, That all and every person or persons of the Scottish Nation that shall remain, or be within the Cities of London or Westminster, or late Lines of Communication, or weekly Bills of Mortality, that shall not be Licensed or permitted to reside within the Commonwealth of England, by the Parliament, Councel of State, or by the said Captain General, or by such person or persons as shall be thereunto authorized and appointed by the Parliament or Councel of State to give and grant such Licenses; which the said Councel of State are hereby authorized and appointed to do: All such person and persons of the Scotish nation as abovesaid, not Licensed as abovesaid, shall and are hereby required and commanded to depart forth of the said Cities, Lines of Communication, and places within the weekly Bills of Mortality, at or before the Tenth day of August, in the year One thousand six hundred and fifty: And the said persons, and all and every other person and persons of the Scottish Nation, not being Licensed as is abovesaid, shall, and are hereby required and commanded to depart forth and out of the Limits of the Commonwealth of England, at or before the First day of September, in the year one thousand six hundred and fifty. And be it further Enacted and Declared by Authority of this present Parliament, That all and every person and persons of the Scottish Nation, not Licensed as abovesaid, that shall be within this Commonwealth of Engand, after the said First of September, One thousand six hundred and fifty, shall be adjudged, deemed, and taken as Traytors and Enemies to this Commonwealth, and to be proceeded against by the said Commissioners of the High Court of Justice. And it shall and may be lawful for all Sheriffs, Justices of the Peace, Maiors, Bayliffs and all other Officers of this Commonwealth, to apprehend and take all such persons, and to commit such person or persons so offending as abovesaid, to some Common Gaol, in such County or City where such person or persons as abovesaid shall be so taken, and to certifie the same, and all Examinations taken for the proof of the said Offence, unto the Councel of State, or the Commissioners of the High Court of Justice. And the said Commissioners of the said High Court of Justice are hereby required and authorized to hear and determine the said Offences in this Act mentioned; And in case any person or persons are or shall be found guilty by the said Commissioners of any Offence within this present Act, That the said Commissioners shall and may, and are hereby required to proceed against such person or persons, and to give Judgement and Sentence of Death against Offenders; and every person and persons so found guilty of the said Offences, shall suffer the pains of death as Traytors and Enemies, in such maner as the said Commissioners shall adjudge and appoint. And it is Enacted and Ordained by the Authority aforesaid, That upon every such Offence committed as aforesaid, all the Real and Personal Estate of all and every person and persons offending contrary to this Act, shall be, upon proof of the Offence forthwith seized, sequestred and disposed of by the Commissioners for Sequestrations, to and for the use of the Commonwealth.

Persons exempt from this Act.;

Provided always, That the Penalties, Forfeitures or Judgement by this Act imposed, and appointed to be inflicted upon such person and persons as shall not so depart as aforesaid, by the respective time or times before limited, shall not extend to any person or persons of the Scottish Nation, being no Delinquent, and lyable to

Proviso.; Further proviso.; This Act to be publicly proclaimed

Sequestration within any Act or Ordinance of Parliament, that are and have been naturalized by Act of Parliament, or that are and have been made Denizens under the Great Seal of England nor to any person or persons of the Scottish Nation, that upon the Second day of August, in the year One thousand six hundred and fifty, stand and be committed to any Prison or Prisons, by vertue of any Writ or Proces of Law, or by Order of Parliament or Councel of State, or by the Authority derived from the Parliament, during such time onely as such person and persons do or shall remain in Prison, and not go abroad out of such Prisons where they are upon the said Second of August, without Order of Parliament, or License from the Councel of State, or License of such as shall be authorized and appointed to give License and Liberty to such persons resrespectively; or to any person or persons of the Scottish Nation, Licensed or permitted as abovesaid to reside within this Common, wealth. Provided always, That nothing in this Act containedshall be interpreted to exempt any person or persons from the Penalties expressed in the several Acts Declaring and Adjudging Treasons, but the Offenders within those Laws shall be proceeded withal as is therein, and by subsequent Acts directed, and as if this present Act had not been had or made, Anything therein specified to the contrary notwithstanding. Provided also, That this Act, or anything therein contained, shall not extend to prejudice, infringe, or make void any Power or Authority which the Lord General or his Court Marshal may exercise by the Articles of War agreed upon, and allowed by the Parliament. And it is lastly Enacted, That Publication shall be made of this Act by sound of Trumpet and beat of Drum, in all places usual within the Cities of London and Westminster, and late Lines of Communication: And that all the Sheriffs of England and Wales, shall at their next respective County-Courts, publish and Proclaim the same; and of their so doing, render an Accompt to the Councel of State appointed by Authority of Parliament.