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The ninth Year of William III.

A.D. 1697

Chap. V.

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.

Forasmuch as by the laws of this kingdom the Kings and Queens of England are by undoubted right Kings and Queens of this realm, and ought to enjoy the title, majesty, power and authority of Kings and Queens of the same; yet nevertheless, Richard late earl of Tyconnel, formerly lord deputy, and chief governour of this kingdom, by vertue of a commission from the late King James, Donough late earl of Clancarty, William late Earl of Limerick, Ulick late lord viscount Galway, Pierce late lord viscount Galmoy, Sir Valentine Browne, Garrott Dillon Esquire, late prime serjeant to the late King James, Sir

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Richard Nagle, late attorney general to the said King James, and diverse other wicked and ill-disposed 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 governor of this kingdom, in derogation to your Majesty's royal authority, and in opposition thereunto, and with the advice and assistance of them the said Donough late earl of Clancarty, William late earl of Limerick, Ulick late lord viscount Galway, 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 Queen of blessed memory, but on the contrary countenanced and encouraged the late King James to summon several of the inhabitants of this kingdom to meet 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 undoubted 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 protestant 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 extreme hazard of your Majesty's sacred person, is reduced to your Majesty's obedience, and this your kingdom settled in perfect peace; notwithstanding which many of your Majesty's Irish papist subjects have engaged with your Majesty's enemies, and several thousands of them are actually in the French King's service against your Majesty: may it please your Majesty that it may be enacted,

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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 seventh day of July one thousand six hundred ninety seven, other than the convictions, outlawries, and attainders of persons already adjudged to be comprehended within the articles of Limerick or Galway, or either of them, who have not yet reversed their outlawries and attainders, and other than 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 seven, 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 and 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 judgment upon any writ of error or plea, nor any pardon from his Majesty, his heirs or successors, shall any wise operate to the prejudice or to the invalidating of such conviction, outlawry, and attainders, except such as are herein before excepted; any law, usage, or custom to the contrary notwithstanding.

III. And be it further declared and enacted, That wheresoever any such papist or papists heretofore have been found to have been slain, or to have died in the said rebellion against his Majesty and her late Majesty the Queen, before the third day of October one thousand six hundred and ninety one, by inquisition

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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 been slain, or to have died in rebellion against his Majesty and her late Majesty the Queen, shall at all times hereafter be adjudged and deemed, 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 been attainted of any such rebellion and treason by judgment upon verdict, or outlawry.

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lord chancellor, lord keeper, 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 seven, 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 seem meet to appoint commissioners, whereof one of the judges 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 of more good and lawful men of the said county or counties, what person or persons of the popish religion have died or were slain in the said rebellion against his Majesty and her late Majesty the Queen, 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 use, 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 commissioners 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.

VI. 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 died or to have been 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 aggrieved by such inquisition, to put in his or their traverse or traverses, denying that such person or persons died, 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 seven, or within one year next after the returning and filing of record of such inquisition as aforesaid, at the election of the person aggrieved; and if the traverse so to be entred and taken, shall be tried, and the jury that shall try the same, shall find contrary to the said

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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 of 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 been 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 judgment shall pass against such traverser for insufficiency of such his traverse, or if he shall fail to proceed 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 than 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 respectively, 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 traverser 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 accepted, 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.

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VIII. And be it further enacted and declared, That no license as aforesaid, shall be good and valid to any such person or persons, wherein the true name and surname, 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 license as aforesaid shall be valid or effectual to any more persons therein contained, than the three first named, in case there shall be more than three named in one license: and that before any such license shall pass the great seal of this kingdom, the lord chancellor, lord keeper, 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 sum 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 licensed as aforesaid shall annually pay, during his residence and abode in this kingdom, to the bishop of the diocess where such person shall reside whilst in this kingdom, the sum 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: upon 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 sum in the said recognizance mentioned, and the same to lay out

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and dispose of with the approbation of the lord chancellor, lord keeper, 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.

IX. 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 judges 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 sixteen years, take the oath of allegiance mentioned in an act made in England in the third year of his present Majesty and the late Queen 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 three months next after they shall be taken, or shall enter into such security as the said judges or barons respectively shall think fit to require, that he, she, or they, unless licensed 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 licenses 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 license 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.

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force and effect in law or equity respectively, and no other, than if this act had not been made; any thing in this act contained to the contrary notwithstanding.

XI. 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 been made; any clause, matter, or thing therein contained to the contrary notwithstanding.

XII. And whereas Thomas lord baron of Kerry and John lord baron of Kingston have both of them been 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 aforesaid, 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 and 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.

XIII. Provided always, That nothing herein contained shall extend, or be construed, taken, or expounded to extend to attaint Matthew 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.

XIV. 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 Edmund 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.

XV. 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 Fielding esquire, or either of them, for any crime or crimes committed or done by them, or either of them,

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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 notwithstanding.

XVI. Provided, That nothing in this act contained shall extend, or be construed to extend, to attaint or convict of high treason Nicholas late earl 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.

XVII. 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 Galway 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.

XVIII. 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 colonel 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 been made; any clause, matter, or thing therein contained to the contrary notwithstanding.

XIX. 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 died 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.

XX. Provided always, That nothing in this act contained shall extend, or be construed to extend, any wise to confirm the attainders or outlawry of Edward

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Geoghegan of Castletown Kindaleene in the county of Westmeath esq; or to obstruct or hinder his Majesty's gracious intentions for the reversal of the same.

XXI. 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 outlawry or otherwise, so as to save the lives only of such person or persons.

XXII. 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 Queen 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 been made.

XXIII. 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 been made.

XXIV. 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-Ossory; but that the same may be capable of being reversed, in the same manner as if this act had never been made.

XXV. 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 been made; any clause, article, or matter herein contained to the contrary in any wise notwithstanding.

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