[1612/10/9]¹

An act for remanding back to his majesty's officers of justice in England of offenders in some particular crimes in the act mentioned, who, after the committing of the offence in England, shall be thereupon fugitive and remain in this kingdom

Our sovereign lord and estates in parliament, considering that albeit the good effects of his majesty's careful providence to repress the innumerable disorders, crimes and offences which before his happy attaining to the crown of England were not only frequent but almost ordinary in these bounds of the kingdoms of Scotland and England (which then being the borders of the two kingdoms, are now become the middle shires thereof), have reduced these pains to so good progress of peace and obedience as in so short time could hardly have been expected; nevertheless, it is found by experience that, as well in these shires as in diverse other parts of both kingdoms, some evilly disposed persons are emboldened to attempt and perpetrate many heinous crimes and offences upon hope of impunity if, after the committing of the same in the one country, they may flee and escape to the other and not be sent back to the place of their offence, the practice whereof has made many odious crimes and transgressions heretofore to remain unpunished, to the great contempt of his majesty's authority and universal grief of all good subjects of both kingdoms; for remedy whereof, our sovereign lord, with advice and consent of the estates of parliament, statues and ordains that if at any time after the end of this present session of parliament any person or persons shall commit any crime or offence within the realm of England, which by the laws of the kingdom of Scotland are or shall be declared or ordained to be petty treason, murder, manslaughter, felonious burning of houses and corn, burglary, robbing of houses by day, robbery, theft or rape, and shall flee or escape into this realm of Scotland and be taken and apprehended within any part of the said kingdom of Scotland, bounds and dominions thereof, that then it may and shall be lawful to and for the justice general and his ordinary depute, the sheriff, stewards, lords and bailies of regalities, the commissioners of borders, or any two of them in their ordinary courts, or the justices of peace in their general and quarter sessions, or any four of them, upon due and mature examination of the said offence or offences in open courts or sessions and pregnant proofs of the same by warrant under their hands and seals, to remand and send all such offenders into the realm of England, there to receive their trial for any of the foresaid offences committed by them within the said realm of England in manner above-mentioned, notwithstanding any law, act or constitution made at any time heretofore to the contrary; providing nevertheless that this act or any clause therein contained shall not take effect, force nor execution in any sort, excepting law and act of parliament be made and established within the realm of England, in the first session of the next parliament thereof, for remanding and sending out of the said realm of England into the realm of Scotland all persons who shall at any time hereafter commit any of the crimes or offences foresaid within the realm of Scotland and thereafter flee into England or any part of the dominions of the said kingdom, to receive their trial in due examination and punishment within the realm of Scotland for every one of the said offences committed by them within the said realm of Scotland in manner before mentioned.