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A45980 An act for the better suppressing Tories, robbers and rapparees and for preventing robberies, burglaries, and other hainous crimes.; Public General Acts. 1695. 7 Gui.III.c.21 Ireland. 1662 (1662) Wing I314; ESTC R475717 3,866 8

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reason of any Robbery Burning of Houses or Corn or Destruction of Cattle Contrary to the Tenour of this Act the Person or Persons so Injured shall obtain or procure a Presentment to be made at the next Assizes or quarter-Quarter-Sessions to be held after such Robbery Injury or Fact Committed by the Grand Iury of the County where such Fact shall be Committed wherein Notice shall be taken of such Robbery or other Injuries or Mischiefs and of the Losses Sustained the Number of the Offenders and how many of them are Papists or Reputed such and how many Protestants or Reputed such As also of the Barony or Baronies and County where such Fact was Committed with the Names of the Offenders But in Case where the Person or Persons Robbed Burnt or Injured or their Servant or Servants do not know the Names of all or any of the Offenders and shall Declare so on their Oath openly in Court being Examined to the said particulars the said Grand Iury in such Presentment to give the best Description they can on the Evidence produced before them of such Malefactors to the End they may be brought the speédier to Iustice which Presentment shall be given in Evidence by the Person and Persons that shall obtain the same on any Tryal for Damages for his Losses Sustained according to the purport of this Act. And for the better Suppressing Robbers Tories and Rappareés that have so much of late Disturbed the Peace and Settlement of this Kingdom Be it Enacted by the Authority aforesaid That if any person or persons shall be at any time hereafter presented at the Assizes or Quarter-Sessions by the Grand-Iury as a Tory Rappareé or Robber out on his Keéping and such Presentment being returned to the Clerk of the Council the person and persons in such Presentment named shall by Proclamation from the Lord Deputy or other Chief Governor or Governors and Council of this Kingdom be Proclaimed and in case such person or persons so Proclaimed do not within the time to be limitted by such Proclamation render him or themselves to some one or more Iustices of the Peace of the County where such Presentment shall be made he and they so Presented and Proclaimed shall from thenceforth be convict of High-Treason and suffer accordingly And that all and every person and persons Concealing Aiding Abetting and Succouring such person and persons so Presented and Proclaimed knowingly from and after the time so limitted by such Proclamation shall be guilty of Felony without Clergy and Suffer as Felons convict of Felony without Clergy And for the better Encouragement of such persons as shall Take and convict or Kill any Robber Rappareé or Tory in Arms and upon his Keéping Indicted Proclaimed or Presented as aforesaid the Iustices of Assize in their Circuit and the Iustices of Peace in their Quarter-Sessions Respectively with the Assent of the Grand-Iury shall have power and Authority to Tax and Sess every Inhabitant in any County Barony City Burrough Town or Parish within the Limits of their Commissions and Authorities to such Reasonable Aid or Summ of Money as they shall think fit in their Discretion Convenient and Sufficient for Encouraging and Rewarding such Person or Persons as shall take and Convict or Kill any Robber Rappareé or Tory in Arms and upon his Keéping Provided such Summs do not Exceéd Twenty pounds for any one Tory which said summ or summs of Money so to be Raised shall be Applotted and Apportioned by the said Grand-Iury and Levyed by such Collectors as they shall appoint who shall have Power and Authority to Receive the said Summs of Money and to Distrain every such Inhabitant as shall be Taxed and refuse payment thereof and to Sell such Distress and deliver the Money Taxed to such Person or Persons as shall take or Kill such Robber Rappareé or Tory and the Residue if the Distress be better to deliver to the Owner thereof This Act to Continue and be of Force for threé Years from the Royal Assent being given thereto and to the End of the first Session of the next Parliament after the said threé Years and no longer FINIS
An Act for the better Suppressing Tories Robbers and Rapparees and for preventing Robberies Burglaries and other hainous Crimes CHAP. XXI FOrasmuch as by the late Rebellion in this Kingdom a great part thereof hath beén left Waste and Desolate and the frequent Robberies Murders and other Notorious Felonies Committed by Robbers Rappareés and Tories upon their Keéping hath greatly Discouraged the Re-planting of this Kingdom the Papist Inhabitants thereof chusing rather to suffer Strangers to be Robbed and Despoiled of their Goods then to Apprehend or Convict the Offenders of whom the greatest part are people of the same Country and Countenanced Harboured and Concealed by the Inhabitants thereof For the Remedy of which Mischiefs and for the better Encouragement of Strangers to Plant and Inhabit this Your Majesty's Kingdom of Ireland and for the general Preservation of Peace and Property of Your Majesty's Good Subjects therein May it please Your Majesty that it may be Enacted And be it Enacted by the King 's Most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That the Inhabitants of every Barony or County within this Kingdom shall make full satisfaction and amends for all Robberies Burglaries Burning of Houses or Haggards of Corn Killing or Maiming of Cattle which shall be Committed or Done by Robbers Rappareés or Tories within such Barony or County from and after the Royal Assent given to this Bill in manner and form following That is to say where all or any of the Facts shall be Committed or Done by Rappareés Robbers or Tories as aforesaid that are or shall be Papists or Reputed of the Popish Religion the Popish Inhabitants of the Barony or County wherein all or any of the said Facts shall be Committed shall make satisfaction and amends for the same And where all or any of the said Facts shall be Committed or Done by Robbers Rappareés or Tories as aforesaid that are or shall be Protestants or Reputed to be of the Protestant Religion the Protestant Inhabitants of the Barony or County wherein all or any of the said Facts shall be Committed shall make satisfaction and amends for the same And if it shall happen that all or any of the said Facts be Committed or Done by Popish and Protestant Robbers Rappareés or Tories as aforesaid then and in such Case the Popish and Protestant Inhabitants of the Barony or County wherein such Facts shall be Committed or Done shall make satisfaction and amends for the same and in such proportion and according to the Number of such Papists and Protestants as shall Commit the same that is to say if two Papists and one Protestant the Papist Inhabitants to pay two shares and the Protestants the remaining third part of the said Damages And so pro rata in Case of a greater or lesser Number And if all or any of the said Facts be Committed or Done in the Division or Mearing of two Baronies or two Counties so as it shall be uncertain in which County or Barony the Fact or Facts were Committed then and in such Case the Inhabitants of the both Baronies or both Counties shall make satisfaction and amends for the same in such manner and under such Distinction as is hereby Declared And be it further Enacted by the Authority aforesaid That in all Cases where the Damages do not Exceéd the Summ of Ten pounds Sterling the Inhabitants of the Barony and Franchizes within the Precincts thereof wherein all or any of the said Facts shall be Committed and not the County at Large shall make satisfaction and amends for the same in such manner and with such Distinction as aforesaid And in all Cases where the Damages do exceéd the Summ of Ten pounds sterl the Inhabitants of the County wherein all or any of the said Facts shall be Committed shall make satisfaction and amends for the same in the manner and with the Distinction aforesaid And that the Iury that shall Try any Action Committed or Prosecuted on this Act shall in their Verdict Ascertain the person and persons that commit such Robbery Burning of Houses or Haggards of Corn Killing or Maming of Cattle whether they were Papist or Protestants and the Number of the one and the other as also the Damages according to the Evidence that shall be on the Tryal offered to them And be it further Enacted by the Authority aforesaid That every person and persons so as aforesaid Robbed or Damnified may be hereby Enabled to Sue for and Recover his or their Damages against any Inhabitant of the said County or Barony who by this Act shall be made liable to answer any part thereof and that immediately after such Recovery and Execution against the said Inhabitants all other the Inhabitants of the said Barony or County who by this Act shall be made lyable to all or any part of the said Damages shall be Ratably and proportionably Taxed for and towards an Equal Contribution for the Relief of such Inhabitant against whom the said Recovery and Execution is had which Tax shall be Made Levyed and Raised by such Ways and Means and in such Manner and Form as is prescribed and mentioned in a former Statute Intituled An Act for the following of Hue and Cry made in the Tenth and Eleventh Years of the Reign of King Charles the First in this Kingdom And be it further Enacted by the Authority aforesaid That no person or persons shall Recover any Damages by Vertue of this Act unless he or they by themselves or by their Servants within twenty four hours after such Robbery or Injury done him or them by any Robbers Tories or Rappareés or within reasonable time after he shall be at Liberty shall give Notice of such Robbery or Mischiefs done and Committed unto some of the Inhabitants of some Town Village or Hamlet near unto the place where any such Fact shall be Committed and shall within four Days after such Notice give in his her or their Examination upon Oath or of their Servant or Servants that were in his or their House or that had the Care of his Corn Stock or Goods before some Iustice of the Peace of the County where such Fact shall be Committed Inhabiting within the Barony where the said Fact shall hereafter happen to be Committed or near unto the same whether he or they do know the Person or Persons that Committed such Fact or any of them and if upon such Examination it be Confess'd that he or they do know the person or persons that Committed the said Fact or any of them that then he or they so Confessing shall be bound by Recognizances to prosecute such Offender or Offenders by Indictment or otherwise according to the Laws of this Kingdom And moreover be it Enacted by the Authority aforesaid That before any Action shall be Commenced or Prosecuted on this Act for recovery of Damages for any Losses sustained by