VVHereas an Act made in this present Session of Parliament, Entituled, An Act for the better suppressing Tories and Rapparees; and for preventing Robberies, Bur­glaries, and other hainous Crimes: Hath not had it's due Effect, by Reason there is not in the said Act, sufficient Provision made for prevention of Murthers and Maims, that shall, or may be Committed by such Robber, Tory, or Rappareé. As also, by Reason of other Defects in the said Act, and some Doubts arisen on the same, and Difficulties in Prosecution thereof.

For Remedy therefore of the said Defects, Ex­plaining the said Doubts, and Rendering the Execution of the said Act more easie.

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 the Authority of the same; That where any person or persons, shall at any time after the Sixth of November, One thousand Six hundred Ninety seaven, be Murthered, Maimed, or [Page 4] Dismembred by any Robber, Tory, or Rappareé, and the Offender, or Offenders, or the Major part of them shall not be Killed, or Apprehen­ded, and brought before some Iustice of the Peace, or other Magistrate, within Six Callendary Months, next after the committal of such Of­fence, in Order to his, or their being Prosecuted for the same, according to Law. The respective Grand Iuries of the several Counties in this Kingdom, where such Fact shall be committed shall, and are hereby Required, at any Assizes, to be held for such County, within One Year after such Fact committed, to present, and charge upon the Popish, or Protestant Inhabitants of such County respectively, and proportionably, ac­cording as the Number of such Robbers, To­ries, or Rappareés, shall be Papists, or reputed Papists, or Protestants, as is herein after men­tioned, the Summs following: (That is to say) in Case of Murther, such Summ or Summs of Money, not exceéding Twenty pounds; and in Case of Maim, or Dismembering any person, such Summ or Summs of Money, not exceéd­ing Ten pounds, as such Grand Iuries on consideration had, of the Quality of the person Murthered, Maimed, and Dismembered, and circumstances of his Family shall think fit; such Summ, in Case of Murther, to be paid to, and for the Vse of the Widow, and Children of the party Murthered; or if he shall not be Marryed at the time of his Death, then to the Vse of his Children, or other next Relation: And in case of Maim or Dismembering of any person, then such Summ to be paid to the Vse of the person, or persons, so Maimed, or Dismembered; or if he shall Dye before the Recovery thereof, then to [Page 5] the Vse of his Widow, Children, or other Re­lations respectively, as is aforesaid, in Case of Murther: The said Summ or Summs, not be Assets in the hands of such Widow, Children, or Relations, or liable to answer, or satisfie any Debt or Debts, of the party Deceased; which Summ so to be Presented, shall be paid by such, and born by the persons in manner, and accor­ding to the proportions following: That is to say, where such Robbers, Tories, or Rappareés are, or shall be Papists, or Reputed of the Po­pish Religion, by the Papists Inhabitants of such County; and where such Robbers, Tories, or Rappareés are, or shall be Protestants, or Re­puted to be of the Protestant Religion, by the Protestant Inhabitants of such County, and where the said Facts shall be committed by Papists and Protestants, then by the Popish and Protestant Inhabitants of such County, in such proportion, and according to the number of such Papists and Protestants, as shall commit the same. For the Levying of which Summ, such Process in the Nature of an Execution, shall Issue on such Presentment against any one, or more of the persons chargeable therewith, and such Contribution had, Taxed, and Levyed for his Relief, against all the other persons Charge­able therewith, as is herein-after Appointed in Case of Satisfaction, recovered for Losses, or In­juries sufferred by such Robbers, Tories, and Rappareés.

And whereas the Method appointed by the said former Act, for the person or persons Robbed, or Damnified, by such Robbers, Tories, or Rap­pareés, to Recover Satisfaction for such Da­mage, is Tedious, Difficult, and Chargeable.

[Page 6]Be it Enacted by the Authority aforesaid, That in all Cases where any person or persons is by the former Act, Entituled to Recover Amends, or Satisfaction for any Loss or Damage, Incurred, or Sufferred by any Robber, Tory, or Rappareé; such person shall, or may pursue his Remedy for Recovery of such Satisfaction, or Amends, at the next Assizes, to be held for the said County, where such Offence was Committed, before the Iudge or Iudges of Assize, and Grand-Iury of the said County, to be Impan­nelled, and Sworn at the said Assizes, in the Method following: That is to say, The per­son or persons so Robbed, shall at the said As­sizes, Exhibit and Deliver to the said Iudge or Iudges of Assizes, his, or their Petition, therein Praying such Satisfaction, and shall set forth in such Petition, the time and place, when, and where, such Robbery was Committed, or other Injury done to him or them, the several particular Goods Lost, or other particular Da­mages Sufferred by him or them, and the par­ticular Value thereof, and by what Number of persons such Robbery was committed, or Injury done, and of what Religion such Offen­der or Offenders, or any of them were, with the Names and Descriptions of such of the said Offenders as he doth know, and such par­ticular Descriptions of such others of them as he can give; and the said matter shall there­upon, be Examined by such Iudge or Iudges of Assizes, in open Court, in the presence of such Grand-Iury, on the Oath of the party Robbed, or Injured, and such other Evidence as can be pro­duced touching the said Facts, according to the na­ture thereof; and the said Grand-Iury shall there­upon, [Page 7] and are hereby Required, on Conside­ration of the said Matter, amongst themselves, to make such Presentment touching the same, and of such Summ or Summs of Money, as the person or persons so Robbed or Injured, by such Offenders, ought to have, or receive for such Loss, Injury, or Damage, and by what persons, whether Papists or Protestants, and in what Proportions for each of them, the same ought to be paid, for which Summ so Presen­ted and Set, Process shall Issue, in the nature of an Execution against any Inhabitant, or Inhabitants of the said County, chargeable therewith, and all, and every the Inhabitants of the said County, who shall by such Presentment be made Chargeable with, or Liable to all, or any part of the said Damages, shall be Rateably, and proportionably Taxed for, and towards an equal Contribution for relief of such Inhabi­tant or Inhabitants, against whom such Pro­cess, in the nature of an Execution, is had; which Tax shall be Made, Levied, 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 Hue and Cry, made in the Tenth and Eleventh Year of the Reign of King Charles the First, in this Kingdom.

Provided always, and it is hereby Enacted, That if any person or persons shall find him, or themselves Agrieved, by any Presentment to be made in pursuance of this, or the former Act, such person or persons, in Case the Summ Pre­sented to be Raised, do exceéd the Summ of Five pounds, shall, or may at the said Assizes Tra­verse the same, which Traverse, shall be Tryed [Page 8] at the same, or the next ensuing Assizes, as the Iudge or Iudges, who shall allow the same, shall think fit: And if on such Traverse, the Issue shall be found for the Traverser, such Pre­sentment shall be Discharged; and if the Issue shall thereupon be found against the Traverser, he, or they, so Traversing, shall pay to the per­son or persons, on whose behalf the Presentment was made, the Summ of Twenty shillings for the Costs of such Traverse, and the said Pre­sentment, shall thereupon be final and conclusive to all persons.

Provided further, and it is hereby Enacted, That where the person or person so Robbed, or Injured, doth intend to proceéd to recover Satisfaction for the same, at any Assizes, against the Popish or Protestant Inhabitants of any Ba­rony, such person or persons, shall leave notice in Writing, with the High-Constable of such Barony, of such his intentions, and against what Inhabitants, whether Papists or Protestants, by the space of Eight days, at least, before such Assizes; to the end that such High-Constable may give publick notice thereof to the Inhabi­tants of the said Barony, designed to be charged therewith, that they may be provided, and have an opportunity to bring Evidence for themselves, and oppose the making such Presentment, or o­therwise may Traverse such Presentment, after the same is made, if they shall think fit.

And it is hereby further Provided, That no such Presentment to be hereafter made, shall at any time be removed by Certiorari, or the Pro­secution thereupon otherwise delay'd, then by such Traverse, as aforesaid; and that for such time only, as shall be necessary for the Tryal of such [Page 9] Traverse, as aforesaid; nor shall any such Pre­sentment be at any time quashed for any In­formality, Imperfection, or Defect in form what­soever.

Provided further, and it is hereby Enacted, That when, and as often as any of the Goods, for which the party so Robbed, hath received Satisfaction by such Presentment, as aforesaid, shall be discovered, so as the same, or Satis­faction for them may be recovered, the person or persons upon whom the Summ so Presented, as aforesaid, was Levyed, shall have the same, and the property thereof, is hereby Declared and Enacted to belong unto, and be Vested in him or them, and he or they shall or may Main­tain such Action, and pursue such Remedy for the recovery and getting such Goods, as the per­son or persons Robbed might have, had or main­tained, before such Satisfaction received by such Presentment for the same, as aforesaid: Such Goods nevertheless, after the same shall be so gotten or recovered, to be Sold for the Most the same will Yeild, and the Money made by such Sale, after the Charges for the recovery thereof are deducted, to be distributed, and paid equally and proportionably unto, and among the several persons so Taxed; towards the payment of the Summ contained in the said Presentment, ac­cording to each of their said several Taxations, towards the relief of the Persons on whom the Summ Presented was Levyed; such Sale and Distribution, to be Directed, Settled, and Order­ed by the Iustice, or Iustices of the Peace, Signing such Taxation; who are hereby Au­thorized and Required, to Direct, Settle, and Order the same accordingly.

[Page 10]And it is hereby further Enacted by the Au­thority aforesaid, That the Clerk of the Crown, for the County, where such Presentment shall be made, shall on request to him made, make and deliver to any person or persons, desiring the same, true Copies, Signed by him, of all such Presentments hereafter to be made, in pur­suance of this, or the said former Act; and of all Warrants or Orders for the Levying of any Money grounded thereupon; for each of which, there shall be paid to the said Clerk of the Crown, the Summ of One shilling only, and no more, and such Clerk of the Crown, is hereby required to make and deliver the same accordingly.

Provided always, That this Act, or any thing herein contained, shall not extend, or be con­strued to extend, to annul, or make void any Verdict, Iudgment, or other Proceédings already had or obtianed in pursuance of the said for­mer Act, but that the same shall continue, and be as good, and effectual, to all intents and pur­poses, as if this Act had never beén made, any thing herein contained to the contrary thereof, in any wise notwithstanding.

Provided always, and it is hereby further Enacted, That during the continuance of this and the said former Act, no Action or Sute shall be brought, or prosecuted, for recovery of any Satisfaction or Damages for any Robbery committed, or Loss, or Injury sustained, for which remedy is given by this, or the said former Act, or any other Law or Statute what­soever.

[Page 11]And be it further Enacted by the Authority aforesaid, That if any person or persons, who al­ready hath, or hereafter shall commit any Rob­bery or Burglary, shall while he is at large, and before he shall be Apprehended, or in Custo­dy for such Offence, make Discovery of any Two, or more, of such Robbers, Tories, or Rap­pareés, being also at large, and not in Custody, so as such Two, or more Robbers, Tories or Rappareés, shall thereupon be Apprehended, and Convicted for such Offence, or shall Kill any Two, or more, of such Tories, or Robbers, as shall be Indicted, and Proclamed, according to the said former Act, and be out on their keéping, at the time of such their being Killed, the person or persons so making such D [...]scovrry, or Killing such Robbers, or Tories, as aforesaid, shall not be proceéded against, for any Robbery, or Burglary, by him or them committed, before the making such Discovery, or such Killing as aforesaid; but shall be Intituled unto, and shall have, and receive His Majesty [...]s Gracious Par­don for the same; which Pardon shall in such Case, also be a good Bar to any Appeal, to be brought for such Robbery, or Burglary; and for that it hath, and may be doubted, whether on the bringing such Proclaimed Tory, Rap­pareé, or Robber to the Bar, before such Iudge or Iudges, as are Impowered to Try, and Pass such a Sentence on him, it be requisite to give in Evidence against him, the Original Presentment made by the Grand-Iury, of his being a Tory, Rappareé, or Robber, out on his keéping, according to the intent and meaning of the said former Act: And also it hath, and may be doubted, whether the Original Procla­mation, [Page 12] under the Great Seal, grounded on such Presentment, must be produced in Evidence a­gainst him, or whether the Printed Procla­mation Reciting such Presentment to be made, and returned to the Clerk of the Council, of his, the said Tories, Rappareés, or Rob­bers being so Presented shall be sufficient Evidence at Law, wherein to give Iudgment against him.

For clearing whereof, and that for the fu­ture so good and necessary a Law, for the Quiet and Preservation of His Majesty's good Sub­jects against such Proclaimed Tories, Rappareés and Robbers, may not by any such Scruples and Nicities be eluded, or the Execution thereof delay'd.

Be it Enacted by the Authority aforesaid, That at all times heareafter, during the con­tinuance in Force of this, or the said former Act, the Printed Proclamation, wherein any per­son is named, or mentioned to be Presented, by a Grand-Iury of any County in this King­dom, at the General Assizes, or Quarter-Ses­sions, held for the said County, to be a Tory, Rappareé, or Robber, out on his Keéping, shall be taken, deémed, and adjudged sufficient Evi­dence against such Tory, Rappareé, or Robber.

Provided, That before such Proclamation so given in Evidence, the Clerk of the Council for the time being, or his Deputy, do Certifie under his Hand and Seal, on the Back of such Pro­clamation, That he hath such Presentment, as by the said Act is required, Returned to him, and remaining in his Office, wherein the said Tory, Rapppareé, or Robber is by name Pre­sented, to be a Tory, Rappareé, or Robber, [Page 13] out on his Keéping, by the same Name that he is Named, or Stiled in the said Proclamation, and that the said Proclamation was grounded thereon, and that the Original Proclamation, under the Great Seal, agreés Verbatim with the Printed Proclamation, whereon he has written such his Certificate, which Proclama­tion, with such Certificate endorsed thereon, the said Clerk of the Council, for the time being, or his Deputy, shall send to the several Clerks of the Crown in this Kingdom, without any Feé or Reward.

And be it further Enacted, That this, and the former Act, shall continue in Force, for Sea­ven Years, from the Sixth of November, One thousand Six hundred Ninety Seaven, and to the end of the next Session of Parliament, after the Expiration of the said Seaven Years, and no longer.