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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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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 EVROPE W R HONI SOIT QVI MAL Y PENSE IE MEINTIENDRAI DVBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley MDCXCVII 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 CHAP. XXX FORASMUCH as by the Laws of this Kingdom the Kings and Queéns of England are by Vndoubted Right Kings and Queéns of this Realm and ought to Enjoy the Title Majesty Power and Authority of Kings and Queéns of the same Yet nevertheless Richard late Earl of Tyrconnel formerly Lord Deputy and Chief Governour of this Kingdom by Vertue of a Commission from the late King James Donogh late Earl of Clancarty William late Earl of Limerick Ulick late Lord Viscount Gallway Peirce late Lord Viscount Galmoy Sir Valentine Browne Garrott Dillon Esquire late Prime Serjeant to the late King James Sir Richard Nagle late Attorney-General to the said King James and diverse other Wicked and Indisposed Papists contrary to their Allegiance and Duty did utterly Refuse to Submit to Your Majesty's Government He the said late Earl of Tyrconnel after Your Majesty's Happy Accession to the Imperial Crown of England continuing to act as Lord Deputy and Chief Governour of this Kingdom in Derrogation to Your Majesty's Royal Authority and in Opposition thereunto and with the Advice and Assistance of them the said Donogh late Earl of Clancarty William late Earl of Limerick Ulick late Lord Viscount Gallway Pierce late Lord Viscount Galmoy Sir Valentine Browne Garrott Dillon Esquire Sir Richard Nagle and others as aforesaid Raising Forces to Oppose Your Majesty and Your Government and they with many other Irish Papists who were in Arms utterly refused to accept of the Grace and Favour extended to them by Your Majesty's Royal Proclamation bearing Date the Two and twentieth day of February in the First Year of the Reign of Your Majesty and Your Royal Consort the late Queén of blessed Memory but on the contrary Countenanced and Encouraged the late King James to Summons several of the Inhabitants of this Kingdom to Meét and Assemble in this Your Majesty's City of Dublin as a Parliament and they with others made several pretended Acts and Ordinances which they Termed Acts of Parliament under the Authority of the late King James in the Month of May One thousand Six hundred Eighty Nine and thereby Attainted many Thousands of His Majesty's good Protestant Subjects of this Kingdom of High-Treason for Adhering to Your Majesty and Her late Majesty and several other pretended Acts and Ordinances in Derogation to Your Majesty's Vndoubted Right and Encouraged many of Your Majesty's Subjects to Rise in Arms and Levy War against Your Majesty brought into this Kingdom great numbers of the French King's Subjects Your Majesty's open Enemies to their Assistance Murthered and Destroyed several Thousands of Your Majesty's good Protestants Subjects of this Kingdom for no other reason but for their being of the Protestant Religion and adhering to Your Majesty and Her late Majesty Your Royal Consort and Encouraged an unnatural Rebellion throughout this Kingdom which by the goodness of Almighty God by the Great Expence of the Treasure of England and the Blood of England and this Kingdom and the Extreém Hazard of Your Majesties Sacred Person is reduced to Your Majesty's Obedience and this Your Kingdom settled in perfect Peace notwithstanding which many of Your Majesties Irish Papist Subjects have Engaged with Your Majesties Enemies and several Thousands of them are actually in the French Kings Service against Your Majesty 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 advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same that all and every the Convictions Outlawries and Attainders in this Kingdom of any Person or Persons whatsoever for High Treason or Rebellion by him or them Committed or done not Reversed or Pardoned before the Twenty Seaventh Day of July One Thousand Six Hundred Ninety Seaven other then the Convictions Outlawries and Attainders of Persons already adjudged to be Comprehended within the Articles of Limerick or Gallway or either of them who have not yet Reversed their Outlawries and Attainders and other then the Outlawries and Attainders of such who within the space of Two Years to be accounted from the First Day of September One Thousand Six Hundred Ninety Seaven shall be Adjudged to be Comprehended within the said Articles or any of them shall be and remain sufficient and effectual in Law for ever to all intents constructions and purposes any Error insufficiency or other defect in form or matter in them or any of them to the contrary notwithstanding and that no Iudgment upon any Writ of Error or Plea nor any Pardon from His Majesty His Heirs or Successors shall anywise operate to the prejudice or to the invalidating of such Conviction Outlawry and Attainders Except such as are herein before Excepted any Law Vsage or Custom to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every Papist and Papists or reputed Papist or Papists that have beén Guilty of the said Rebellion in this Kingdom against His Majesty and Her late Majesty the Queén and who by any Inquisition already taken by the Oaths of Twelve good and lawful Men and Returned or that shall be taken by the Oaths of Twelve good and lawful Men and returned within the space of Two Years from the First Day of September One thousand Six hundred Ninety Seaven hath have or shall be found to have Dyed or beén Slain in their said Actual Rebellion before the Third Day of October One thousand Six hundred Ninety One shall by Authority of this Act be Convicted and Attainted of High-Treason and shall incur the Penalties and Forfeitures that Traytors Attainted by the Ordinary Course of Proceédings in Cases of High-Treason by the Laws of this Realm now in Being ought to suffer and undergo And be it further Declared and Enacted That wheresoever any suth Papist or Papists heretofore have beén found to have beén Slain or to have Died in the said Rebellion against His Majesty and Her late Majesty the Queén before the Third Day of October One thousand Six hundred and Ninety one by Inquisition taken upon the Oaths of Twelve or more good and lawful Men of the County where such Papist or Papists have committed such Rebellion and Treason that the said Papist or Papists or reputed Papist or Papists so found to have beén Slain or to have Died in Rebellion against His Majesty and Her late Majesty
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