Selected quad for the lemma: religion_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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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
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