February 1650: An Act for removing all Papists, and all Officers and Soldiers of Fortune, and divers other Delinquents removed from London and Westminster, and confining them within five miles of their dwellings...

February, 1650

[26 February, 1649/50.]

All Papists, soldiers of fortune, and other delinquents to remove at least 20 miles from London and Westminister.; Penalty for nonremoval.; Justices, &c., to search for Papists and; delinquents within limits after March 20.; Examination, etc., of persons apprehended.; Further proceedings against them.; Assistance.; Escapes.; Further regulations for Papists, etc., from 1 Oct., 1650, for prevention of conspiracies.; Persons refusing to comply with regulations to be adjudged felons.; Licenses to Papists, etc. confined as aforesaid, to travel on necessary business.; Council of State only to grant such licenses.; No one to be exempted hereby from prosecution for felony.; This Act not to extend to delinquents that have compounded or been pardoned.; Persons attending compositions at Goldsmiths' Hal also ex-excepted for time being.; Reward for discovery of Jesuits and priests.; Act to be printed and publicly proclaimed.; Continuance

The Parliament of England taking notice of the great confluence and resort of Papists, Officers, and Soldiers of Fortune, and other disaffected persons (who have borne arms against them, and adhered to the Enemy in the late Wars) unto the cities of London and Westminster, and other the parts adjacent; and having certain Information of many Designs now in hand, endeavoured to be carried on by Correspondencies with the son to the late Tyrant, his Agents and Complices, and by the Conspiracies of old and new Malignants in favor of his pretences against the Commonwealth and present Government, the subtile Contrivers of which Plots may for the effecting of the same, probably and with much ease make use of such dangerous and discontented persons now in and about the said Cities, if suffered there to remain, Do for the prevention of such inconveniencies and disturbances as may thereby arise, Think fit to Order and Ordain, and be it by their Authority Enacted and Ordained, That all Papists whatsoever, and all Officers and Soldiers of Fortune, and other persons who have borne Arms against the Parliament, or have adhered unto, or willingly assisted their Enemies in the late War, being not under restraint, and not hereafter excepted, shall at or before the Twentieth day of March, One thousand six hundred forty nine (or if then under restraint, within Five days of their respective enlargement) depart out of the said Cities of London and Westminster, and late Lines of Communication, and all other places within Twenty miles of the said late Lines: And if any such person shall continue within the said late Lines, or the said distance of Twenty miles from the said Lines, after the said Twentieth day of March, or if then under restraint, shall continue within the distance aforesaid, above five days after his or their enlargement, such persons shall be apprehended and imprisoned without Bail or Mainprize, until such of them as shall be thought fit to be bayled, pay all charges of their Apprehension and Imprisonment, and give good security for their departure as aforesaid, within five days after their enlargement, and not to return within the time limited by this Act; and the maner of taking the said Security is hereby referred to the care and direction of the Councel of State, who are also authorized and required to cause such of the said Prisoners as have not yet compounded for their Delinquencies, and whom they judge dangerous and fit to be made examples of Justice, to be proceeded and dealt with according to their demerits. And for the better execution of this Act, It is further Ordained and Declared by the Authority aforesaid, That the Lord Mayor of the City of London, and all Justices of the Peace within the said City and late Lines of Communication, and of the several Counties of Middlesex, Hertford, Essex, Kent and Surrey, and the respective Committees and Commissioners for the Militia within the said City and Liberties, the City of Westminster, Borough of Southwark, Hamlets of the Tower and Suburbs, or any two or more of them in their respective Liberties and Jurisdictions, shall and may, and are hereby authorized and required to cause strict Wards and Watches to be kept, and to make frequent searches for, and apprehend, or cause to be apprehended, all Papists and other such Delinquents as aforesaid, which shall be found within the distance aforesaid, after the said Twentieth day of March; and all such persons so apprehended and taken, and brought before them or any two of them as aforesaid, to examine, or cause to be examined before one or more Justice of the Peace of the Liberty where the Apprehension is; who is also to take Depositions upon Oath against the said Parties, and to commit them over to some common Gaol or Prison, and binde over Prosecutors and Witnesses to appear, prosecute and testifie at the next General Sessions or Gaol Delivery for the place; and of their doings therein, shall under their Hands and Seals in writing, forthwith acquaint the Councel of State, to the end the Offenders may be dealt with according to Law and Justice, and according to the directions before-mentioned: And all Sheriffs, Bailiffs, Constables; and all Captains of Guards, Officers and Soldiers, and other the good People of this Commonwealth, are required to be ayding to the said Justices of Peace, Committees and Commissioners, their Agents, Officers and Ministers, in the execution of this Act; and in case any Gaoler, Constable or other Officer to whom any the persons aforesaid shall be committed, shall permit such person or persons to go at liberty without the special Warrant or Discharge of the Magistrate by whom they were committed, or other sufficient authority in that behalf, that the same shall be taken and adjudged an Escape, and the Offender shall be proceeded against as for an Escape according to Law. And for the better discovery, prevention and avoyding of such traiterous and dangerous Conspiracies as are daily devised and plotted against the safety of the Parliament and this Commonwealth, by such Papists and illaffected persons as aforesaid, who taking liberty to convene together, and without restraint, wandring and shifting from place to place, become Spyes and Intelligencers for the Common Enemy, continue personal Correspondencies each with other, and gather thereby the more strength and opportunity to corrupt and seduce the good People of this Commonwealth, and to form, contrive and effect their said ill Designs, whereof of late years there hath been sad experience; Be it Enacted and Ordained by the authority aforesaid, That all the said persons appointed to depart as aforesaid, shall, from and after the First day of October, One thousand six hundred and fifty (and all other Papists, and other adherents to the Enemies in the late Wars), shall at or before the Twentieth day of March, One thousand six hundred forty nine, if they be within this Commonwealth not authorized to stay as aforesaid, and not restrained or stayed, either by Imprisonment or by such sickness and infirmity of body, as they shall not be able to travel without imminent danger of life: And in such cases of absence out of the Land, restraint or stay, or being authorized as aforesaid, then within twenty days next after they shall return unto the Land, and be enlarged from such Imprisonment or restraint, and shall be able to travel, or after their said authorized time of stay determined) repair to the place of dwelling where they usually heretofore made their common abode; or not having any certain abode, shall repair to the place where such person was born or where the Father or Mother of such person shal then be dwelling, and give such notice of their coming as is afterwards expressed; and shall not at any time after pass or remove above five miles from thence, upon pain of Imprisonment, and Sequestration of all their Estates Real and Personal, as in case of Delinquency, to be inflicted upon them by the Committee or Commissioners for Sequestration where they shall respectively be, or their Estates lie, and such other proceedings to be had with and against them, as is usual in other cases of Sequestration for Delinquency. Provided always, and it is Enacted by the Authority aforesaid, That all such persons who are to make their repair, and not to remove above five miles as aforesaid, shall within twenty days after their coming to any of the said places (as the case shall happen) notifie their coming thither, and present themselves, and deliver their true names in writing to the Minister of the Parish, and to the Constable, Headborough or Tything-man of the Town, who shall thereupon presently enter the same into a book, to be kept in every Parish for that purpose, and the said Minister, Constable, Headborough or Tythingman shall certifie the same in writing to the Justices of the Peace of the same County, at the next General or Quarter Sessions to be held in the same county; and the said Justices shall cause the same to be entred by the Clerk of the Peace, in the Rolls of the same Sessions, upon pain of Forfeiture of five pounds for every default of not presenting or entring as aforesaid; to be levyed upon the goods of the defaulter, for the use of the Poor, and maimed Soldiers of the County, by Warrant from the Justices of Assize or Circuit, or Justices of Peace at their Quarter Sessions; who are hereby authorized and required within their several Limits respectively, to enquire of, and punish the said defaults: And to the end the Commonwealth be not pestred and overcharged with the multitude of such seditious and dangerous people as is aforesaid, who having little or no ability to answer or satisfie any competent penalty for their disobedience and contempt of the Laws, and being committed to Prison, do live for the most part in better case there, then if they were at liberty, or are otherwise overchargeable to be kept; Be it therefore Enacted by the Authority aforesaid, That if any such person so confined as aforesaid, not having Lands, Tenements, Rents or Annuities, of an absolute Estate of Inheritance or Freehold, of the clear yearly value of Twenty Marks above all charges, to their own use and behoof, or Goods and Chattels in their own right, and to their own proper use and behoof, above the value of One hundred pounds, shall not within the time before in this Act in that behalf limited and appointed, repair to their place of usual dwelling and abode, if they have any, or else to the place where they were born, or where their Father or Mother shall be dwelling, and give such notification of their coming and being, as is before limited and directed, shall upon his Oath abjure this Commonwealth; or if such Offender shall refuse to abjure or not go to the Haven or Port to be appointed, or after departure, return into this Commonwealth without License the Parliament, the said Oath and Abjuration, Entring and of Recording thereof, to be in such maner and form as is in like case prescribed by the Statute made in the 35th year of the late Queen Elizabeth, for confining of Popish Recusants; That then in every such case, the person so offending shall be adjudged a Felon, and shall suffer and lose as in case of Felony, without benefit of Clergy. Provided nevertheless, And the Councel of State are hereby authorized to dispose of any such persons last mentioned before abjuration for the service and benefit of Forraign Plantations, in such sort as to them shall seem meet; in which case the abjuration shall be forborn. And it is further Provided, Ordained and Enacted by the authority aforesaid, That if any of the persons confined as is aforesaid, shall be urged by process without fraud or covin, or be bound without fraud or covin, to appear in any of the Courts of Justice of this Commonwealth; or shall have other necessary occasion or business to go and travel out of the compass of the said five Miles, That then and in every such case, upon License in writing under the Hands and Seals of four of the Justices of the Peace of the County, Limit or Division, or place next adjoyning to the place of abode of the said confined party; and in every of which Licenses shall be specified and contained, both the particular cause of the said License, and the time how long the said party licensed shall be absent, in travelling, attending and returning. It shall and may be lawful for such licensed person to go and travel about such their necessary business, and for such time onely for their travelling attending and returning, as shall be comprized in the said License, so as the said party so licensed first take the engagement, of being true and faithful to this Commonwealth, as it is now Established, without King or House of Lords; and also take his or her Corporal Oath before the said four Justices of the Peace, or any of them (who shall have authority by vertue of this Act to minister the same) that he or she hath truly informed them of the cause of his or their Journey, and shall not make any causeless stays: And the Councel of State shall have like power to grant such Licenses upon like occasions, and all and every other Licenses shall be utterly void and of none effect. Provided, That no person, who by the Laws of this Commonwealth may be questioned for Treason, Felony, breach of Peace, or any other Crime, or for any Civil cause, shall be hereby exempted from any Legal Prosecution, but that every such person may be prosecuted and dealt withal according to his merit, and according to Law and Justice in that behalf, This Act or anything therein contained in any wise to the contrary notwithstanding. Provided, That nothing in this Act shall extend to such Delinquents aforesaid, who having their usual habitations within the late Lines of Communication, or within the said space of Twenty Miles, have made their Compositions and paid in or secured their Fines; or whose Delinquencies have been pardoned by the Parliament, not having acted anything against it since that time, so as such persons give in a note of their names and places of residence to such persons, and in such maner, and upon such penalties to be presented and Recorded as is in like case before limited, before the twentieth of March, One thousand six hundred forty nine, and so as they procure a true Certificate in writing of their taking the Engagement, to be true and faithful to the Commonwealth of England, as the same is now Established, without a King or House of Lords, to be entred and Recorded as is before-mentioned, or to such as shall be authorized by the Parliament or Councel of State; or being really attending their Compositions at Goldsmiths Hall, shall be permitted by the Commissioners for such Compositions, to continue within the said late Lines for and during the perfecting of their Compositions onely, such parties entring their Engagements before the said Commissioners, To be true and faithful to this Commonwealth, as the same is now Established, without a King or House of Lords, and giving a note also to the said Commissioners of the places of their abode, whilest they are attending their said Compositions, which Commissioners are to make due entry of the same in their Books: And all persons whatsoever mentioned or concerned in this Act, are to take notice of the same, and to conform thereunto respectively. And for that it is well known that there are many Priests and Jesuits, who are Traytors by the Law, come over from beyond the Seas, acting the part of Incendiaries here, and lurking to do mischief; It is further Enacted and Declared, That like reward shall be given to those who shall discover such persons after the conviction of them or shall discover their knowing Receivers and Abettors, as is by a late Act conferred and Ordained for the Apprehenders of Highwaymen; which each Sheriff where the Tryal and Conviction is, shall duly pay to the discoverer, and have the same allowed to him upon his accompts; and the Barons of the Exchequer are required to make allowance of the same: And all judges of the Law, and Justices of the Peace, are required in their several Circuits and Sessions to give in charge, and take enquiry and accompt of the due Execution of this Act; and all other Ministers of Law and Justice, are also upon all occasions within their respective Limits, to do their duties in and concerning, the same. And it is lastly ordered, That this Act be forthwith, printed and published by sound of Trumpet and beat of Drum at all usual places within the said Cities, and late Lines of Communication, in such sort as the Councel of State shall appoint, who are authorized and required to cause the same to be executed accordingly, and to send this Act to the Sheriffs of the several Counties within this Commonwealth, who are to publish the same solemnly at the two next County Courts after their respective Receipt thereof. And this Act is to have continuance and be in force until the twentieth day of March, which shall be in the year of our Lord, One thousand six hundred and fifty, and no longer.