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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45981 An act for the confirmation of articles, made at the surrender of the city of Limerick Ireland. 1697 (1697) Wing I315; ESTC R475471 5,213 12

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AN ACT FOR THE CONFIRMATION OF ARTICLES Made at the SURRENDER OF THE City of Limerick DVBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley MDCXCVII An ACT for the Confirmation of Articles made at the Surrender of the City of Limerick CHAP. XXVII WHEREAS divers Doubts have arisen on the Articles made at the Treaty for the late Surrender of the City of Limerick the Third Day of October One thousand Six hundred Ninety one and concerning the true intent and meaning of several Parts thereof And whereas Your Majesty hath beén Graciously pleased to Recommend to Your Parliament that the said Articles or so much of them as may consist with the Safety and Welfare of Your Majesty's Subjects of this Kingdom may be Confirmed by Authority of this present Parliament We the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled having due regard to Your Majesty's Honour for Declaring the true Sense and Meaning of the said Articles and taking away all occasions of Doubt for the time to come do most humbly beseéch 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 the Second Article in the aforesaid Articles mentioned be and is hereby Confirmed and Ratified in the Sense and Intendment following and no otherwise that is to say That all the Inhabitants or Residents of Limerick or any other Garrison in the Possession of the Irish at the time of making the said Articles and all Officers and Soldiers then in Arms under any Commission of the late King James or those Authorized by him to Grant the same in the several Counties of Limerick Clare Kerry Cork and Mayo and all the Commissioned Officers in the Quarters of His Majesty that belonged to the Irish Regiments then in being that were Treated with and who were not Prisoners of War nor had at any time before that time Enjoyed the Benefit of Protections for the Safety of themselves or their Goods and Families which said Officers have in pursuance of the said Articles Returned to Their Obedience and Submitted to His Majesty and to Her late Majesty Queén Mary Such Inhabitants or Residents of Limerick or any other Garrison as aforesaid such Officers and Soldiers respectively as aforesaid and their and every of their Heirs shall Hold Possess and Enjoy all and every their Estates of Freé-hold and Inheritance and all the Rights Titles and Interests Priviledges and Immunities to the said Estates of Freé-hold and Inheritance belonging which they and every or any of them Held Enjoyed or were Rightfully and Lawfully Intituled to in the Reign of King Charles the Second or at any time since by the Laws and Statutes that were in Force in the said Reign of King Charles the Second and such Possession as was given the said Inhabitants Officers and Soldiers in whose behalf the said Articles were as aforesaid made of Lands then in His Majesty's Hands or in the Hands of His Tenants by Order of the then Government under His Majesty is as to the Possession only and no more Confirmed and Ratified by the Authority of this Act against His Majesty His Heirs and Successors and all such Estates of Freé-hold and Inheritance shall be Freéd and Discharged and by the Authority of this present Act are Declared and Enacted to be and stand Freéd and Discharged of and from all Arrears of Crown-Rents Quit-Rents and other Publick Charges Incurred or become Due from and after the Feast of Saint Michael the Arch-Angel in the Year of our Lord One thousand Six hundred Eighty eight to the Day of the Date of the said Articles Provided always and be it Enacted by the Authority aforesaid That this Act or any thing therein contained shall not Extend or be Construed to Extend to a Grant of any new Right to the aforesaid Persons in whose behalf the aforesaid Articles were made or any of them but that the same shall Extend and be Construed to Extend to the Restoring the said Persons and every of them to their said Estates of Freé-hold and Inheritance against His Majesty His Heirs and Successors in as large and ample manner as they should have Enjoyed the same had they not beén Guilty of the Rebellion aforesaid and not otherwise or in any other manner neither shall this Act Extend or be construed to Extend to alter or avoid the Possession of any such Lands Tenements or Hereditaments as have been Recovered or Gained by any other of His Majesty's Subjects from or against the said persons in whose behalf the said Articles were made or any of them at any time since the Date of the said Articles any thing in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every person and persons Comprehended in the said Second Article in the said Articles mentioned shall have hold and enjoy all his and their Goods and Chattels Real and Personal to them or any of them at the time of making the said Articles belonging and which then or at that time remained either in their own Hands or in the Hands of any other person or persons whatsoever in Trust for them or for the Vse of them or any of them and the said Goods and Chattels Real and Personal as aforesaid shall have hold and enjoy against His Majesty His Heirs and Successors And as for and concerning all other the Goods and Chattels Real and Personal which formerly did belong to or were the Propriety of any of the said persons Comprehended within the said Articles as aforesaid at any time before the Date of the said Articles which said Goods and Chattels Real and Personal had beén at any time since the Tenth day of April One thousand Six hundred Eighty nine and before the Date of the said Articles Seized Sequestred or by any manner of way taken to the use of His Majesty and Her said late Majesty the Queén by any Sheriff Escheator Commissioner Officer Civil or Military their Ministers or Servants or any other person or persons whatsoever and all other the Goods and Chattels of the said persons which were not in their own possession or in the possession of any person or persons as aforesaid in Trust for them at the Day of the making the said Articles the same by the Authority of this Act shall be Deémed Vested and Adjudged to be in the actual and real possession of His Majesty without any Office or Inquisition thereof hereafter to be found or taken Saving to all and every person and persons Bodies-Politick and Corporate and to their Successors Executors Administrators and Assigns and to the Successors Executors Administrators and Assigns of every of them other then the said persons in whose behalf the said Articles were made
and their Executors Administrators and Assigns Claiming any thing in the said Goods and Chattels xeal and Personal or any part thereof as Executors Administrators or Assigns of the said persons in whose behalf the said Articles were made or any of them and all and every other person or persons Claiming or having any thing in the said Goods and Chattels Real or Personal as aforesaid Seized Sequestred or by any manner of way taken to the use of His Majesty as aforesaid to the use of the Persons in whose behalf the said Articles were made or any of them or to the use of any of their Executors and Administrators all such Right Title Interest Possession Vse Action and Means to recover the same whatsoever which they or any of them had or ought to have in the Premises or any part thereof against the said persons in whose behalf the said Articles were made or any of them in as large and ample manner to all intents and purposes as if this Act had never beén had or made or any thing herein contained to the contrary notwitstanding Provided always That this Act or any thing therein contained shall not extend to avoid any Grant or Grants at any time heretofore made by His Majesty and the late Queén of blessed Memory or by His Majesty of any such Goods and Chattles Real or Personal hereby intended to be Vested in His Majesty as aforesaid but that such Grant and Grants respectively shall be and remain in such Force and Effect as if this Act had not beén made Provided always and be it Enacted by the Authority aforesaid That no person or persons shall be construed to be restored within the Intent and Meaning of the said Articles or of this Act who at the time of their hearing their respective Claims to the Benefit of the said Articles shall neglect or refuse to take the Oaths of Fidelity to His Majesty mentioned in the said Articles nor to restore such who at the time of making of the said Articles was or were out of the Kingdom of Ireland Except such persons as are Comprized in the Fourth Article of the said Articles made for the late Surrender of Limerick which said persons in the said Fourth Article Comprized shall have the Benefit of the said Second Article in such manner and form as in and by this Act is as aforesaid Declared and no otherwise Provided the said persons in the said Fourth Article named respectively did return hither within the space of Eight Months from the Date of the said Articles and have within that time Submitted to the Government of His Majesty and Her late Majesty the late Queén and also within that time taken the Oath of Allegiance to His Majesty and Her late Majesty the Queén Be it further Enacted by the Authority aforesaid That all Merchants or reputed Merchants Inhabitants of the Town of Limerick or of any other Garison which at the time of making the said Articles was possessed by the Irish or of any Town or Place in the Counties of Clare or Kerry who were absent beyond the Seas and that have not beén in Arms since the Declaration made by His Majesty and Her late Majesty Queén Mary in February One thousand Six hundred Eighty eight shall have the Benefit of the Second Article in manner and form aforesaid Declared in as large and ample manner as if such Merchants or reputed Merchants had beén present at the making of the said Articles Provided such Merchants or reputed Merchants did repair into this Kingdom within the space of Eight Mouths from the Date of the said Articles and submitted himself or themselves to His Majesty and Her late Majesty's Government And be it Enacted by the Authority aforesaid That all and singular the persons already Adjudged or that shall hereafter be Adjudged to have beén Comprized within the Second and Third Articles of the aforesaid Articles of Limerick shall from henceforth be deémed and taken to be as to any Prosecution in the Name and Behalf of His Majesty and of Her late Majesty or in the Name and Behalf of His Majesty His Heirs and Suecessors fully and absolutely Pardoned by the Authority of this Act of all Attainders or Out-Lawries in this Kingdom had or done for all Treasons Misprisions of Treasons Premunires Felonies Trespasses and other Crimes or Misdemeanors whatsoever by them or any of them committed or done since the beginning of the Reign of the late King James to the Third Day of October One thousand Six hundred Ninety one And be it further Enacted by the Authority aforesaid That from and after the Expiration of Two Years to be computed from the First Day of September One thousand Six hundred Ninety seaven no person or persons whatsoever shall be Adjudged Deémed or taken to be Intituled to or have the Benefit of the said Articles who shall not be adjudged within that time to be Comprehended therein And whereas some Questions or Doubts have arisen for and concerning the time of the beginning of the Rebellion or War in this Kingdom Be it Enacted by the Authority aforesaid That the said Rebellion or War is hereby Declared to have begun upon the Tenth Day of April One thousand Six hundred Eighty nine the same being the Day limitted to the said Rebells and Traytors by His Majesty and Her late Majesty's Declaration in February One thousand Six hundred Eighty eight for the said Rebells and Traytors laying down of their Arms and accepting of Their said Majesties Grace and Mercy on the Terms in the said Declaration proposed And that no person or persons whatsoever already adjudged or that shall be hereafter adjudged to be Comprehended in the foregoing Articles shall be Sued Molested or Impleaded at to the Sute of any Party or Parties whatsoever for any Trespasses by the said persons as aforesaid Comprized committed or done any time since the said Tenth of April One thousand Six hundred Eighty nine and before the Date of the said Articles for any Arms Horses Money Goods Chattels Merchandizes or Provisions whatsoever by them seized or taken at any time after the said Tenth Day of April One thousand Six hundred Eighty nine and before the Date of the said Articles and no person or persons whatsoever in the Second or Third Articles Comprized shall be Sued Impleaded or made accountable for the Rents or Mesne-rates of any Lands Tenements or Houses by him or them received or enjoyed in this Kingdom since the said Tenth Day of April One thousand Six hundred Eighty nine to the Day of the Date of the said Articles nor for any Waste or Trespass by him or them committed in any such Lands Tenements or Houses since the said Tenth Day of April One thousand Six hundred Eighty nine and before the Date of the said Articles And whereas it is necessary that a time be limitted for the bringing of the said privat Actions for or on account of such Wrongs Injuries and Trespasses as aforesaid committed or done by any person or persons Comprehended or Claiming the Benefit of the said Articles since the said Fifth Day of November One thousand Six hundred Eighty eight to the said Tenth Day of April One thousand Six hundred Eighty nine Be it Enacted by the Authority aforesaid That it shall and may be Lawful to and for such person and persons as have had any Wrongs Injuries and Trespasses committed upon them by any of the persons aforesaid since the said Fifth Day of November One thousand Six hundred Eighty eight and before the said Tenth Day of April One thousand Six hundred Eighty nine to commence his or their Action or Actions against such Trespasser or Trespassers Wrong-doer or Wrong-doers at any time within the space of One Year to be accounted from the said First Day of September One thousand Six hundred Ninety seaven and at no other time or times after the expiration of the said Year any Law or Statute to the contrary notwithstanding FINIS