Selected quad for the lemma: death_n
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A45990
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An act to hinder the reversal of several outlawries and attainders and to prevent the return of subjects of this kingdom, who have gone into the dominions of the French King in Europe.
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Ireland.
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1697
(1697)
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Wing I324; ESTC R39291
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9,800
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20
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the Queén shall at all times hereafter be adjudged and Deémed and is and are hereby Declared to be Traytors Attainted to all intents and purposes and to have incurred all such Penalties and Forfeitures of Estate Real and Personal from the Time he or they shall by such Inquisition be found to have committed or been guilty of the said Rebellion and Treason as if he or they had beén Attainted of any such Rebellion and Treason by Iudgment upon Verdict or Outlawry Provided always That nothing in this Act contained as for and concerning the Forfeiture of such Papist or Papists or reputed Papist or Papists That Died or were Slain in Actual Rebellion before the Third day of October One thousand Six hundred and Ninety one shall extend or be Construed to extend to the Prejudice of any person or persons being of the Protestant Religion or professing to be of the Protestant Religion the Tenth day of April in the Year of Our Lord God One thousand Six hundred and Eighty Nine who hath continued so from that time hitherto or till the time of his or their Death claming or deriving any Titles of Honour by immediate Discent from such Papist or Papists as aforesaid or who have or had any Estates Real or Personal by Discent or Purchase Bona fide made or who have any Real Incumbrances on such Papist or Papists Estates for Valuable Considerations from or by such Papist or Papists as aforesaid Dead or Slain in Rebellion or from his or their Heirs Executors Administrators or Assigns at any time since the Treason committed and done and before the Sixth day of June in the Year of Our Lord God One thousand Six hundred and Ninety Seaven but that such person or persons being of the Protestant Religion in manner as aforesaid shall and may have hold and enjoy all every his and their Title and Titles of Honour come to them respectively by the Death of such Papist or Papists as aforesaid Dead or Killed in the said Rebellion as also all and every the Rights Titles and Interests by Discent Purchase or Real Incumbrance from or by such Papist or Papists or reputed Papist or Papists so Dead or Killed in Rebellion or from his and their Heirs Executors Administrators and Assigns or any of them at any time since the said Rebellion committed and done and before the Sixth day of June aforesaid any thing in this Act to the contrary notwithstanding And be it further Declared and Enacted by the Authority aforesaid That it shall and may be Lawful to and for the Lord Chancellor Lord Keéper or Commissioners of the Great Seal of this Kingdom for the time being at any time within Two years to be Accounted from the First Day of September One thousand Six hundred and Ninety seaven to Issue one or more Commission or Commissions into all or any of the Counties of this Kingdom to be Directed to the Escheator or Escheators of such County or Counties or to his or their Deputy or Deputies Lawfully Authorized or to such other Good and Lawful Men as it shall seém meét to Appoint Commissioners whereof one of the Iudges of the King's-Bench or Common-Pleas or one of the Barons of His Majesty's Court of Exchequer shall be always one to Enquire by the Oaths of Twelve or more Good and Lawful men of the said County or Counties what person or persons of the Popish Religion have Dyed or were Slain in the said Rebellion against His Majesty and Her late Majesty the Queén before the said Third Day of October One thousand Six hundred and Ninety one and what Estate or Estates Real or Personal such person or persons of the Popish Religion as aforesaid so Dying or so Killed was or were Seized or Possessed of in Vse Trust Possession Reversion or Remainder in such County where such Enquiry shall be made and such Commission Executed at the time of the Committal of such Rebellion or Treason or at any time after the same In every of which Commissions there shall be a Clause Inserted Requiring the said Commissioners to give publick Notice in the Chief Town of each County of the time and place appointed for the Execution of such Commission Twenty Days at least before the same shall be Executed Provided always That it shall and may be Lawful to and for any person or persons Claiming as Heir General or as Heir or Issue-Tail or as Executor Administrator or Assignee to whom respectively the Title or Titles of Honour or the Estate Real or Personal of the person so found to have Dyed or to have beén Killed in Rebellion could have come but for the Inquisition aforesaid found or to be found and to and for any other person or persons Bodies-politick or Corporate who shall be Agrieved by such Inquisition to put in his or their Traverse or Traverses denying that such person or persons Dyed or was or were Slain in Rebellion or to put in any other his or their Traverse or Traverses to any matter or thing contained in such Inquisition within one year next after the said First Day of December One thousand Six hundred and Ninety seaven or within one year next after the Returning and Filing of Record of such Inquisition as aforesaid at the Election of the person Agrieved and if the Traverse so to be Entred and Taken shall be Tryed and the Iury that shall Try the same shall find contrary to the said Inquisition then and in such Case such Inquisition shall become Void and of none Effect in Law and the said Traverser and Traversers shall enjoy such his or their Title or Titles or Honour and be restored and put into Possession of such Estate Real or Personal as would to him or them have descended remained or come by course of Law in the same Manner as if no such Inquisition had beén found any thing herein contained to the contrary notwithstanding And if Verdict shall be given against the Traverser upon any Plea of Traverse as aforesaid or if Iudgment shall pass against such Traverser for Insufficiency of such his Traverse or if he shall fail to proceéd to try the said Issue of Traverse within one Year next after such Traverse shall be Filed the said Inquisition and Finding shall at all times hereafter stand be and remain firm and valid and be no way Impeached annulled or set aside any Law Custom or Statute to the contrary notwithstanding Saving and Excepting hereout Women Covert de Baron persons within the Age of Twenty one Years persons in Prisons persons out of this Realm elsewhere then in the Dominions of the French King in Europe and also all persons of Non sane Memory all and singular which said persons by the Authority aforesaid shall have their and every of their Right and Title reserved and saved to them and their Heirs Executors and Administrators respectiuely unto the time that they be and come of their full Age of One and twenty Years out of Prison within
this Land Uncovert and of Whole Mind And the same Traverse or Traversers may take and pursue within One Year after their coming of full Age of Twenty one Years out of Prison within this Land Uncovert of Whole Mind And also be it Enacted by the Authority aforesaid That all such persons as be Covert de Baron and every person within the Age of Twenty one Years in Prison or out of this Land or of Non sane Memory at the time of taking of the said Inquisition and by this Act as aforesaid excepted that they or their Heirs Executors Administrators or Assigns according to their respective Rights and Interest may take his or their Traverse or Traverses within One Year next after they respectively come and be of the Age of Twenty one Years out of Prison Uncovert within this Land and of Sane Mind And if they do not take their Traverse or Traverses within the said Year and according to the Limitation Method and Direction of this Act as aforesaid that then they and every of them and their Heirs Executors Administrators and Assigns according to their respective Rights and Interests are and shall be concluded by the said Inquisition and Finding any thing in this Act to the contrary notwithstanding And for the preservation of the Peace and Quiet of this Kingdom Be it Enacted by the Authority aforesaid That if any person or persons being His Majesty's Subject or Subjects who have gone out of this Kingdom at any time since the Tenth day of April One thousand Six hundred and Eighty nine During the late War with France into France or any of the French King's Dominions in Europe other then such as have gone thither by His Majesty's particular Licence or Command shall from and after the Twenty third day of October One thousand Six hundred and Ninety seaven voluntarily come or return from France or any of the French King's Dominions in Europe into this Kingdom without His Majesty's His Heirs or Successors Licence or Leave under the Great Seal of this Kingdom and that also Subject to the Restrictions and Limitations herein after mentioned and expressed for that purpose had and obtained and be thereof Convicted by due course of Law Every person so Offending shall be Taken Deémed and Adjudged to be Guilty of High-Treason and shall suffer such Penalties as in Cases of High-Treason and shall and may be Indicted and Tryed for the same in such County of this Realm as His Majesty His Heirs and Successors by His or Their Commission under the Great Seal of this Kingdom shall appoint And be it further Enacted and Declared That no Licence as aforesaid shall be good and vali'd to any such person or persons wherein the true Name and Sir-name and place of Abode of such person or persons where he or they Resided or Dwelt in Ireland when he or they Dwelt or Resided in this Kingdom is not mentioned and expressed And that no Licence as aforesaid shall be vali'd or effectual to any more persons therein contained then the Three first named in Case there shall be more then Three named in one Licence And that before any such Licence shall pass the Great Seal of this Kingdom the Lord Chancellor Lord Keéper or Lords Commissioners of the Great Seal of this Kingdom for the time being are respectively hereby Directed Required and Impowered to take sufficient Security by Recognizance for any Summ not under One hundred pounds to be forthwith Filed of Record in the High-Court of Chancery in this Kingdom That each party so to be Licenced as aforesaid shall anually pay during his Residence and Aboad in this Kingdom to the Bishop of the Diocess where such person shall Reside whilst in this Kingdom the Summ of Forty Shillings for the Benefit and Advantage of such School or Schools as the said Bishop shall think most in want of Support and Maintenance in the said Bishop's Diocess Vpon Failure and Payment whereof it shall and may be Lawful to and for the Bishop of the said Diocess to Prosecute and Recover the said Summ in the said Recognizance mentioned and the same to lay out and Dispose of with the Approbation of the Lord Chancellor Lord Keéper or Lords Commissioners of the Great Seal of this Kingdom for the time being for the Benefit and Advantage of such School or Schools in the said Diocess And be it further Enacted by the Authority aforesaid That all and every of His Majesty's Subjects who at any time since the Third day of October One thousand Six hundred and Ninety one hath or have returned out of France or out of any of the French King's Dominions in Europe into this Kingdom shall on or before the First Day of May One thousand Six hundred Ninety eight Surrender him or themselves to some One of the Iudges of His Majesty's Court of King's-Bench or Common-Pleas or to some One of the Barons of His Majesty's Court of Exchequer and being of the Age of Sixteén Years take the Oath of Allegiance mentioned in an Act made in England in the Third Year of His present Majesty and the late Queén Mary Intituled An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths And enter into Recognizance with Sufficient Sureties for his or their Good Behaviour for One Year thence to come which said several Recognizances shall be returned into His Majesty's Court of King's-Bench within Thrée Months next after they shall be taken or shall enter into such Security as the said Iudges or Barons respectâ—vely shall think fit to require that he she or they unless Licenced in manner and form aforesaid by His Majesty to continue here shall within Twenty days Depart this Kingdom and not return into the same without such Licences aforesaid And in Case any of His Majesty's said Subjects shall neglect or refuse to surrender him her or themselves and to take the said Oaths and to give such Security for their Good Behaviour or that shall not depart this Kingdom accordingly every person so neglecting or refusing shall incur the Danger and Penalty of Premunire and every person so returning without such Licence as aforesaid shall incur the Danger and Penalty of High-Treason and shall suffer such Pains and Penalties as in Case of High-Treason and shall and may be Indicted and Tried for the same in such County of this Kingdom as His Majesty by His Commission under the Great Seal of this Kingdom shall appoint And be it further Declared and Enacted by the Authority aforesaid That all and every the Estates Rights Titles and Interests either in Law or Equity in or to any Lands Tenements or Hereditaments of any person or persons being of the Protestant Religion or professing to be of the Protestant Religion on or before the Twenty Seaventh day of July One thousand Six hundred Ninety Seaven and hath continued so from that time hitherto or till the time of his or their Death shall be and remain of such