THE SEVENTH YEAR OF WILLIAM III - Chap. XXI.
The seventh Year of William III.
An Act for the better suppressing Tories, Robbers, and Rapparees; and for
preventing Robberies, Burglaries, and other heinous Crimes.
Forasmuch as by the late rebellion in this kingdom a great part thereof hath been left waste and desolate, and the frequent robberies, murders, and other notorious felonies committed by robbers, rapparees, and tories upon their keeping, hath greatly discouraged the re-planting of this kingdom, the papist inhabitants thereof chusing rather to suffer strangers to be robbed and despoiled of their goods, than to apprehend or convict the offenders, of whom the greatest part are people of the same country, and countenanced, harboured, and concealed by the inhabitants thereof: for the remedy of which mischiefs, and for the better encouragement of strangers to plant and inhabit this your Majesty’s kingdom of Ireland, and for the general preservation of the peace, and property of your Majesty’s good subjects therein; 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 consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That the inhabitants of every barony or county within this kingdom shall make full satisfaction and amends for all robberies, burglaries, burning of houses or haggards of corn, killing or maiming of cattle, which shall be committed or done by robbers, rapparees, or tories, within such barony or county
from and after the royal assent given to this bill, in manner and form following: (that is to say) where all or any of the facts shall be committed or done by rapparees, robbers, or tories as aforesaid, that are or shall be papists, or reputed of the popish religion, the popish inhabitants of the barony or county, wherein all or any of the said facts shall be committed, shall make satisfaction and amends for the same; and where all or any of the said facts shall be committed or done by robbers, rapparees, or tories as aforesaid, that are or shall be protestants, or reputed to be of the protestant religion, the protestant inhabitants of the barony or county, wherein all or any of the said facts shall be committed, shall make satisfaction and amends for the same: and if it shall happen that all or any of the said facts be committed or done by popish and protestant robbers, rapparees, or tories as aforesaid, then and in such case the popish and protestant inhabitants of the barony or county, wherein such facts shall be committed or done, shall make satisfaction and amends for the same, and in such proportion, and according to the number of such papists and protestants as shall commit the same: (that is to say) if two papists and one protestant, the papist inhabitants to pay two shares, and the protestants the remaining third part of the said damages, and so pro rata, in case of a greater or lesser number: and if all or any of the said facts be committed or done in the division or meering of two baronies or two counties, so as it shall be uncertain in which county or barony the fact or facts were committed, then and in such case the inhabitants of both baronies or both counties shall make satisfaction and amends for the same, in such manner, and under such distinction, as is hereby declared.
II. And be it further enacted by the authority aforesaid, That in all cases where the damages do not exceed the sum of ten pounds sterling, the inhabitants of the barony and franchizes within the precincts thereof, wherein all or any of the said facts shall be committed, and not the county at large, shall make satisfaction and amends for the same, in such manner, and with such distinction as aforesaid; and in all cases where the damages do exceed the sum of ten pounds sterling, the inhabitants of the county, wherein all or any of the said facts shall be committed, shall make satisfaction and amends for the same in the manner, and with the distinction aforesaid; and that the jury that shall try any action commenced or prosecuted on this act, shall in their verdict ascertain the person and persons that commit such robbery, burning of houses, or haggards of corn, killing or maiming of cattle, whether they were papists or protestants, and the
number of the one and the other, as also the damages, according to the evidence that shall be on the tryal offered to them.
III. And be it further enacted by the authority aforesaid, That every person and persons, so as aforesaid robbed or damnified, may be hereby enabled to sue for and recover his or their damages against any inhabitant of the said county or barony, who by this act shall be made liable to answer any part thereof; and that immediately after such recovery and execution against the said inhabitants, all other the inhabitants of the said barony or county, who by this act shall be made liable to all or any part of the said damages, shall be rateably and proportionably taxed for and towards an equal contribution for the relief of such inhabitants, against whom the said recovery and execution is had; which tax shall be made, levyed, and raised by such ways and means, and in such manner and form, as is prescribed and mentioned in a former statute, intituled, An Act for the following of hue and cry, made in the tenth and eleventh years of the reign of King Charles the first in this kingdom.
IV. And be it further enacted by the authority aforesaid, That no person or persons shall recover any damages by virtue of this act, unless he or they, by themselves or by their servants, within twenty four hours after such robbery or injury done him or them by any robbers, tories, or rapparees, or within reasonable time after he shall be at liberty, shall give notice of such robbery or mischiefs done and committed unto some of the inhabitants of some town, village, or hamlet near unto the place where any such fact shall be committed; and shall, within four days after such notice, give in his, her, or their examination upon oath, or of their servant or servants that were in his or their house, or that had the care of his corn, stock, or goods, before some justice of the peace of the county where such fact shall be committed, inhabiting within the barony where the said fact shall hereafter happen to be committed, or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such examination it be confest that he or they do know the person or persons that committed the said fact, or any of them, that then he or they so confessing shall be bound by recognizance to prosecute such offender or offenders by indictment or otherwise, according to the laws of this kingdom.
V. And moreover be it enacted by the authority aforesaid, That before any action shall be commenced or prosecuted on this act, for recovery of damages for any losses sustained by reason of any robbery, burning of houses or corn, or destruction of cattle, contrary to the tenor of this act, the person or persons so injured
shall obtain or procure a presentment to be made at the next assizes or quarter sessions to be held after such robbery, injury, or fact committed, by the grant jury of the county where such fact shall be committed, wherein notice shall be taken of such robbery, or other injuries or mischiefs, and of the losses sustained, the number of the offenders, and how many of them are papists, or reputed such, and how many protestants, or reputed such; as also of the barony or baronies, and county, where such fact was committed, with the names of the offenders: but in case where the person or persons robbed, burnt, or injured, or their servant or servants do not know the names of all or any of the offenders, and shall declare so on their oath openly in court, being examined to the said particulars, the said grand jury in such presentment to give the best description they can, on the evidence produced before them, of such malefactors, to the end they may be brought the speedier to justice; which presentment shall be given in evidence, by the person and persons that shall obtain the same, on any tryal for damages for his losses sustained, according to the purpose of this act.
VI. And for the better suppressing robbers, tories, and rapparees, that have so much of late disturbed the peace and settlement of this kingdom; be it enacted by the authority aforesaid, That if any person or persons shall be at any time hereafter presented at the assizes or quarter sessions by the grand jury as a tory, rapparee, or robber out on his keeping, and such presentment being returned to the clerk of the council, the person and persons in such presentment named shall by proclamation from the lord deputy, or other chief governor or governors and council of this kingdom, be proclaimed; and in case such person or person so proclaimed do not, within the time to be limitted by such proclamation, render him or themselves to some one or more justices of the peace of the county where such presentment shall be made, he and they so presented and proclaimed shall from thenceforth be convict of high treason, and suffer accordingly; and that all and every person and persons concealing, aiding, abetting, and succouring such person and persons so presented and proclaimed knowingly, from and after the time so limitted by such proclamation, shall be guilty of felony without clergy, and suffer as felons convict of felony, without clergy: and for the better encouragement of such persons as shall take and convict, or kill any robber, rapparee, or tory, in arms and upon his keeping, indicted, proclaimed, or presented as aforesaid, the justices of assize in their circuit, and the justices of peace in their quarter-sessions respectively, with the assent of the grand jury, shall have power and authority to tax and sess every inhabitant in any
county, barony, city, burrough, town or parish, within the limits of their commissions and authorities, to such reasonable aid or sum of money, as they shall think fit in their discretion convenient and sufficient for encouraging and rewarding such person or persons as shall take and convict, or kill, any robber, rapparree, or tory in arms and upon his keeping, provided such sums do not exceed twenty pounds for any one tory; which said sum or sums of money so to be raised shall be applotted and apportioned by the said grand-jury, and levyed by such collectors as they shall appoint; who shall have power and authority to receive the said sums of money, and to distrain every such inhabitant as shall be taxed, and refuse payment thereof; and to sell such distress, and deliver the money taxed to such person or persons as shall take or kill such robber, rapparee, or tory; and the residue, if the distress be better, to deliver to the owner thereof: this act to continue and be of force for three years from the royal assent being given thereto, and to the end of the first session of the next Parliament after the said three years, and no longer.
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