<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2014-04-07</DATE>
<RESPSTMT>
<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140221.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
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<EEBO>
<IDG S="marc" R="UM" ID="B18572">
<STC T="W">C904A</STC>
<STC T="G">816.m.17[66]</STC>
<STC T="G">1888.c.11[34]</STC>
<STC T="C">R225269</STC>
<BIBNO T="umi">99885995</BIBNO>
<VID>189458</VID>
</IDG><!-- alt.stc G816.m.17[66] --><!-- alt.stc G1888.c.11[34] --><!-- alt.stc CR225269 -->
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="appeal">
<PB REF="1" MS="y">
<HEAD>The <HI>CASE</HI> of divers Per&s;ons Entitled to the Benefit of Articles, Proclamations, and Declarations, <HI>&amp;c.</HI> in <HI>Ireland;</HI> in Relation to a Bill for Vacating all Grants of E&s;tates and other Intere&s;ts Forfeited in <HI>Ireland,</HI> &s;ince the <HI>Thirteenth</HI> day of <HI>Fe|bruary, One Thou&s;and Six Hundred</HI> and <HI>Eighty Eight:</HI> And for appropriating the &s;ame to the u&s;e of the Publick, now lying before the Honourable the Hou&s;e of Commons; Humbly Offer'd to the Con&s;ideration of the &s;aid Hou&s;e.</HEAD>
<P>THAT in all Bills hitherto prepar'd in this Honorable Hou&s;e, for applying the Forfeited E&s;tates in <HI>Ireland</HI> to the U&s;e of the War, there has been &s;pecial Provi&s;ion made to pre&s;erve the Articles of <HI>Lymmerick, Gallway,</HI> and all other Articles, and Agreements made upon the &s;urrender to their Maje|&s;ties of any City, Town, Fort, or Garri&s;on in <HI>Ireland,</HI> and al&s;o all the Declarations and Procla|mations relating to that Kingdom I&s;&s;ued out by His Maje&s;ty during the War there in their full force; But by the Preamble and Ve&s;ting Words of the &s;aid Bill, there is, as humbly conceived, &s;o great a latitude of con&s;truction left, that it may become very doubtful, if &s;uch as are compriz'd within the &s;aid Articles, and are in due form adjudg'd &s;o to be, and have thereupon rever&s;ed their Outlawries, and &s;uch others as upon other good and equitable Grounds, and Rea&s;ons appearing to His Maje&s;ty, have al&s;o actually rever&s;ed their Outlawries, &s;hall be Exempted from the Penalties of &s;aid Bill, It is therefore Humbly Submitted to the Con&s;ideration of this Honorable Hou&s;e, if it may not be Rea&s;onable to In&s;ert in the &s;aid Bill an Excepting Clau&s;e, in favor of all &s;uch as have rever&s;ed their Outlawries.</P>
<P>THAT of tho&s;e Entitled to the Benefit of the &s;aid Articles, there are &s;ome, who as &s;uch, have &s;o lately had their Adjudications, that they have not as yet had time to Rever&s;e their Outlawries. Some likewi&s;e who have long &s;ince Exhibited their Claims, to the &s;aid Articles, and (though no default of theirs) are &s;till Kept in Su&s;pence Without being Heard or Adjudg'd, &s;o that their Attainders continue &s;till unrever&s;ed; &s;ome who have been duly adjudged in <HI>Ireland,</HI> to be Comprized within Articles, and have thereupon Rever&s;ed their Outlawries there, are Outlaw'd in <HI>England</HI> for the &s;ame Crime, and have not had time to Rever&s;e the &s;aid Outlawries in <HI>England.</HI> Some comprized within Articles, others Entitled to Declarations and Proclamations, who are not as yet attainted, if hereafter attainted on account of the late War in <HI>Ireland,</HI> are by the &s;aid Bill Di&s;abled from ever Rever&s;ing the &s;ame, and all and every of the&s;e will as conceived be utterly Foreclo&s;ed if not &s;pecially provided for in the &s;aid Bill.</P>
<P>THAT upon pa&s;&s;ing a late Act of Parliament in <HI>Ireland,</HI> to prevent the Rever&s;ing of Outlawries for Trea&s;on there, it having been Evidently made out, that of tho&s;e Outlaw'd there for Trea&s;on commited in that Kingdom during the late War, there are &s;ome who never were in that Kingdom, &s;ome who have not been there at any time during the &s;aid War, &s;ome who were Infants and utterly incapable of being any way concern'd in the &s;ame. There was &s;pecial Provi&s;ion made by Name for &s;uch of the &s;aid Per&s;ons, and others, as then made their Appli|cation, whereby they may at any time after Rever&s;e their &s;aid Outlawries, &s;o unduly had again&s;t them, notwith|&s;tanding the &s;aid Act, but by this Bill all the&s;e Per&s;ons &s;hall in like manner, become for ever foreclo&s;ed and loo&s;e the benefit of the Provi&s;ion made for them in the &s;aid Act, if not &s;pecially provided for.</P>
<P>MANY al&s;o in that Kingdom Entitled to their E&s;tates by their Early &s;ubmi&s;&s;ion to the Government, pur&s;u|ant to Declarations, and Proclamations, <HI>&amp;c.</HI> whil&s;t under the Kings Protection, and daily to be &s;een there, mo&s;t of them never in Arms, nor any other way concern'd in the late War, but as &s;uffering Spectators, were promi&s;|cuou&s;ly Outlaw'd without any regard of Sex, Age, or Condition; many among&s;t them being Infants, Men Superannuated, and Bedridden, Per&s;ons under Bayle upon their Indictments: Some in Cu&s;tody of the very Sheriffs in the Countryes where they were Proclaim'd, others in the Kings Bench Pri&s;on, &s;undry for being only in Civil Employments, &s;o that though the Laws for Outlawries be the &s;ame in <HI>Ireland,</HI> that they are in <HI>England,</HI> the Method u&s;ed there for attainting, was &s;o far from agreeing with that in <HI>England,</HI> that it was altogether contrary to the <GAP DESC="illegible" RESP="MURP" EXTENT="1 span"> cour&s;e of Ju&s;tice. By the &s;aid Bill all the &s;aid Per&s;ons are not only for ever foreclo&s;ed from bringing <GAP DESC="illegible" RESP="MURP" EXTENT="1 span"> of their &s;aid Attainders in que&s;tion, to have their Tryals, or be re&s;tored to their Properties, but even the &s;mall fruits of their Indu&s;try acquired &s;ince then, are to be forfeited.</P>
<P>IT is therefore Humbly Offered to Con&s;ideration, that the&s;e being the mo&s;t Innocent, and the mo&s;t Inoffen|&s;ive Per&s;ons in the &s;aid Kingdom, during the &s;aid late War, and the Readie&s;t and Earlie&s;t in their Obedience, &s;uch Provi&s;ion may be made for them in the &s;aid Bill, as to this Honorable Hou&s;e may be thought Rea&s;onable.</P>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="docket title">
<PB REF="2">
<P>THE CASE OF Divers Per&s;ons Entitled to the Benefit of Articles, Proclama|tions, and Declarations, <HI>&amp;c.</HI> in <HI>Ireland,</HI> in Relation to a Bill now before the Honoura|ble the Hou&s;e of Commons, for Vacating Grants of E&s;tates in <HI>Ireland,</HI> &amp;c.</P>
</DIV1>
</BACK>
</TEXT>
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