The Sixth Year of Anne. - CHAP. XI.
An Act for explaining and amending two federal Acts against Tories,
Robbers, and Rapparees.
FOR the more effectual suppressing tories, robbers, and rapparees, and for preventing persons becoming tories, or resorting to them; be it enacted by the Queen’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 the authority of the same, That from and after the twenty ninth day of September in this present year of our Lord one thousand seven hundred and seven, all loose, idle vagrants, and such as pretend to be Irish gentlemen, and will not work nor betake themselves to any honest trade or livelihood, but wander about demanding victuals, and coshering from house to house amongst their fosterers, followers, and others, and also loose persons of infamous lives and characters, shall, upon the presentments of the grand-juries at the assizes, and at the general quarter-sessions of the peace of the respective counties, where such persons keep or frequent, and upon the warrants from the justices of assize, or justices of the peace at their respective quarter-sessions, be sent to goal, and there remain without bail or mainprize, until they shall be sent on board her Majesty’s fleet or to some of her Majesty’s plantations in America, whither such justice or justices of the assize, and justices of the peace at their general quarter-sessions respectively are authorized to send such persons, unless they give sufficient security to be of the good behaviour.
II. And whereas several persons have made a trade of obtaining robbery-money from the country, pretending to have been robbed, whereas they never were robbed, or were not robbed of near the value and sum they alledge, and so get money on that account, which they never lost, to be levyed on the country: for prevention whereof be it further enacted by the authority aforesaid, That all persons pretending to be robbed shall not only give notice thereof to some neighbouring justice of the peace, as is already provided for by a former act, but shall likewise, on all robberies, within five days after the fact give notice to the high constable of the barony, where such robbery shall be alledged to be committed; and in case such robbery be committed in the division of any two baronies, then to the high
constables of both the said baronies, who are hereby respectively required forthwith to publish the same in all the market-towns of the baronies where such robberies are said to be committed.
III. And whereas the principal and chief inhabitants of each parish take upon them, or are summoned to applot on the inhabitants within their respective parishes the money ordered at the assizes to be levied off the county for the re-imbursing the persons that are robbed, and do usually lay the whole burthen on the poorer sort, that are least able to bear it, or able to resist or pursue the tories, and thereby they pay little or nothing themselves, who ought to be charged according to their abilities: for remedy whereof be it enacted by the authority aforesaid, That the party grieved by such apportionment may appeal to the next going judges of assize, who, upon examination upon oath in open court of the matters complained of, shall determine the same, and make such order, and award such costs thereon, as he or they in their discretion shall think fit; such costs to be levied and recovered as costs in civil bills are enacted to be recovered: and in case any of the said persons shall make over or dispose of any of his or their substance, in order to evade the payment of his or their proportions, then such conveyance shall be looked on as fraudulent; and upon the complaint of the respective high constable to one or more of the neighbouring justices of the peace, shall send his or their warrants for such person or persons, and commit them to goal, there to remain without bail until they pay or give security for the payment of the money so applotted on them, subject nevertheless to such appeal as aforesaid.
IV. And be it further enacted by the authority aforesaid, That if any harbourer of tories or robbers shall detect any other two the like harbourers, so as such two harbourers shall be taken and convicted by his means, then the said harbourer so detecting the other two shall be discharged and pardoned for all his former crimes of harbouring only.
V. And whereas the papists of this kingdom do frequently keep private intelligence with the French, and other enemies to her Majesty and her kingdoms; by means whereof several parts of the sea-coasts, are infested and often insulted by French privateers, chiefly manned by Irish papists, who have robbed several of her Majesty’s faithful subjects of all their substance, by the contrivance and encouragement of other their popish friends in this kingdom: for preventing whereof be it further enacted by the authority aforesaid, That all such robberies to be committed during this present war, and losses sustained thereby by any person or persons, shall be presented at the next general assizes for the county, where such
robbery shall be committed, by the grand jury of such county, after due notice given thereof to the high constable or constables of the towns or baronies, according to the direction in this act concerning other robberies; and after such presentment made such order shall be made at such assizes for the relief of such persons so robbed as aforesaid, and for re-imbursing them such losses as they shall respectively sustain thereby, and for applottng and levying the same on the lands, tenements, and hereditaments, goods and chattles, of all the popish inhabitants of the country where such robbery shall be committed, in the same manner as money is to be levied for robberies by papists by the aforesaid act, intituled, An act for the suppressing tories, robbers, and rapparees.
VI. And be it further enacted and declared, That every presentment for any robbery, to be hereafter made by virtue of this or the said former act, shall be at the next assizes after such robbery committed, and not at any other assizes afterwards, unless such robbery shall be committed so near to the time of holding such assizes, that no due notice can be given of such robbery before the first day of such next assizes, according to the direction of this and the said former acts, in which case it shall and may be lawful for the person robbed to prefer his petition, and to obtain such presentment at the next assizes after such due notice shall be given as aforesaid.
VII. This act to continue for seven years from the end of this present Parliament, and from thence to the end of the next session of Parliament, after the expiration of the said seven years, and no longer.
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