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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45990 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. Ireland. 1697 (1697) Wing I324; ESTC R39291 9,800 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
force and effect in Law or Equity respectively and no other then if this Act had not beén made any thing in this Act contained to the contrary notwithstanding Provided always and be it further Enacted and Declared at the Humble and Earnest Request of James Earl of Tyrone That nothing in this Act contained shall extend or be construed to extend to Confirm the Outlawry or Outlawries of the said James Earl of Tyrone by the Name of James Power of Curraghmore in the County of Waterford Esquire but that the same shall be subject and liable to such Order and Directions for Reversal thereof as His Majesty shall please to Declare touching and concerning the same as if this Act had never beén made any Clause matter or thing therein contained to the contrary notwithstanding And whereas Thomas Lord Baron of Kerry and John Lord Baron of Kingston have both of them beén in France since the said Third day of October One thousand Six hundred Ninety one and have also since that time returned into this Kingdom and submitted themselves to His Majesty's Obedience and Government Be it Enacted by the Authority aforsaid at the Humble and Earnest Request of the said Thomas Lord Kerry and the said John Lord Kingston That nothing in this Act contained shall extend or be construed to extend to their or any of their Prejudice or Prejudices but that they and each of them are hereby Declared to be Excepted out of this Act any thing therein contained to the contrary notwithstanding Provided always That nothing herein contained shall extend or be construed taken or expounded to extend to Attaint Mathew Plunkett Esq commonly called Lord Lowth who Died during the late Rebellion in this Kingdom before the Third day of October One thousand Six hundred Ninety one any thing in this Act contained to the contrary notwithstanding Provided always and be it further Declared and Enacted That nothing in this Act contained shall extend or be construed to extend to Confirm the Outlawry or Attainder of Edmond Keating of Narramore in the County of Kildare Esquire nor to abridge or restrain His Majesty's Power of Pardoning him the said Edmond Keating both as to Life and Estate any thing contained in this Act to the contrary notwithstanding Provided always And be it Enacted by the Authority aforesaid That nothing in this Act contained shall Extend or be Construed to Extend to Confirm the Outlawry or Outlawries Attainder or Attainders of Sir John Bellew Knight late Lord Bellew Baron Duleeke Father of Richard Bellew Esquire Charles Lord Baltimore and Robert Feilding Esquire or either of them for any Crime or Crimes Committed or Done by them or either of them since the Fifth Day of November one thousand Six hundred Eighty eight but that the same shall be Subject and Liable to such Orders and Directions for Reversal thereof as His Majesty shall please to Declare touching and concerning the same as if this Act had not béen made any Clause Matter or Thing therein contained to the contrary notwithstanding Provided that nothing in this Act contained shall Extend or be Construed to Extend to Attaint or Convict of High-Treason Nicholas late Earl of Carlingford or his Brother John Taafe Esquire or to Vest in or Forfeit to Your Majesty Your Heirs or Successors any Estate Right Title or Interest in Law or Equity whatsoever which they the said Nicholas late Earl of Carlingford or the said John Taafe had or ought to have had any thing in this Act contained to the contrary notwithstanding Provided always That nothing in this Act contained shall Extend or be Construed to Extend to Confirm the Outlawry or Outlawries Attainder or Attainders of Nicholas French of Abbart in the County of Gallway Esquire for any Crime Committed or Done by him since the Fifth Day of November One thousand Six hundred Eighty eight but that the same shall be Subject and Liable to such Orders and Directions for Reversal thereof as His Majesty shall please to Declare touching and concerning the same as if this Act had not been made any Clause Matter or Thing therein contained to the contrary thereof notwithstanding Provided also that nothing herein contained shall Extend or be Construed to Extend to Confirm the several Outlawries and Attainders of Edward Lord Baron of Athenree and Lieutenant Collonel John Kelly or either of them for any Crime or Crimes Committed or Done by them or either of them since the Fifth Day of November One thousand Six hundred Eighty eight but that the same shall be Subject and Liable to such Order and Directions for Reversal thereof as His Majesty shall please to Declare touching and concerning the same as if this Act had not beén made any Clause Matter or Thing therein contained to the contrary thereof notwithstanding Provided always that nothing herein contained shall Extend or be Construed Taken or Expounded to Extend to Attaint Richard late Earl of Tyrone Theobald late Lord Viscount Dillon and Nicholas late Lord Viscount Nettervil who Dyed during the late Rebellion in this Kingdom before the Third Day of October One thousand Six hundred Ninety one or any of them any thing in this Act contained to the contrary notwithstanding Provided always that nothing in this Act contained shall Extend or be Construed to Extend any ways to Confirm the Attainders or Outlawry of Edward Geoghegan of Castletown Kindaleene in the County of Westmeath Esq or to Obstruct or Hinder his Majesty's Gratious Intentions for the Reversal of the same Provided always that nothing in this Act contained shall Extend to Abridge or Restrain His Majesty's Power of Pardoning any Person Attainted of High-Treason by Outlawrie or otherwise so as to save the Lives only of such person or persons And whereas Patrick Sarsfield the Elder late of Lucan Esq Deceased stands Indicted and Outlawed for High-Treason Committed against His present Majesty and Her late Majesty Queén Mary Be it Enacted that nothing in this Act contained shall Extend or be Construed to Extend in any wise to Confirm the said Outlawry or Attainder of the said Patrick Sarsfield the Elder but that the said Attainder or Outlawry may be capable of being Reversed in the same Manner as if this Act had never beén made Provided always that nothing in this Act contained shall Extend or be Construed to Extend in any wise to Confirm the Outlawry or Attainder or Outlawries or Attainders of Henry Crofton of Longford in the County of Sligoe but that the said Outlawry or Attainder or Outlawries or Attainders may be capable of being Reversed in the same manner as if this Act had never beén made Provided always that nothing in this Act contained shall Extend or be Construed to Extend to Confirm the Outlawries or Attainders of Barnaby late Baron of Upper-Ossery but that the same may be capable of being Reversed in the same manner as if this Act had never beén made Provided always That nothing in this Act contained shall extend to confirm the Outlawry or Outlawries Attainder or Attainders of Thomas Nugent of Streamestown in the County of Westmeath Gent. alias Thomas Nugent of London Merchant alias Thomas Nugent of Montserrat in America Merchant but that the said Thomas Nugent his Heirs Executors and Administrators shall and may have such and the like Remedy Benefit and Advantage to all intents and purposes for reversing such Outlawry or Outlawries Attainder or Attainders as if this Act had never beén made any Clause Article or Matter herein contained to the contrary in any wise notwithstanding FINIS