one thousand six hundred eighty nine be produced to your chief Governor or Governors of this Kingdom and enrolled in your Majesties High Court of Chancery the same shall be a sufficient Discharge and Acquittal to such of the Persons last before-named and every of them respectively whose Loyalty and Fidelity your Majesty will be pleased to certify in manner as afore-said And be it further enacted That in the mean time and until such Return and Acquittal all the Lands Tenements and Hereditaments within this Kingdom belonging to all and every Absentee and Absentees or other Person to be attainted as aforesaid shall be and are hereby vested in your Majesties your Heirs and Successors as from the first Day of August last past And be it further enacted by the Authority aforesaid that all and every such Person and Persons as by any the foregoing Clauses is are or shall be respectively attainted shall as from the first Day of August one thousand six hundred eighty eight forfeit unto your Majesty your Heirs and Successors all such Mannors Lands Tenements and Hereditaments and all Right Title-Service Chiefery Use Trust Condition Fee Rent-Charge Right of Redemption of Mortgages Right of Entries Right of Action or any other Interest of what nature or kind soever either in Law or Equity of in or unto any Lands Tenements or Hereditaments within this Kingdom belonging or appertaining to such Person or Persons so as aforesaid attainted or to be attainted in his or their own Right or to any other in Trust for him or them on the said first Day of August one thousand six hundred eighty eight or at any time since and all the said Lands Tenements and Hereditaments so as aforesaid forfeited unto and vested in your Majesty your Heirs and Successors hereby are and shall be vested in your Majesty your Heirs and Successors whether such Person or Persons were seized thereof in Fee absolute or conditional or in Tayl or for Life or Lives and that freed and freely discharged off and from all Estates Tayl and for Life and from all Reversions and Remainders for Life for Years or in Fee absolute or conditional or in Tayl or to any Person or Persons whatsoever such Remainder as by one Act or Statute of this present Parliament intituled An Act for repealing the Acts of Settlement an Explanation Resolution of Doubts and all Grants Patents and Certificates pursuant to them or any of them or by this present Act are saved and preserved always excepted and fore-prized Provided always that the Nocency or Forfeiture of any Tenant in Dower Tenant by the Courtesy Jointress for Life or other Tenant for Life or Lives in actual Possession shall not extend to bar forfeit make void or discharge any Reversion or Reversions vested in any Person or Persons not ingaged in the Usurpation or Rebellion aforesaid such Reversion and Reversions being immediately depending or expectant upon the particular Estate of such Tenant in Dower Tenant by the Courtesy Joyntress for Life or other Tenant for Life or Lives any thing in the said Act of Repeal or in this present Act to the contrary notwithstanding Provided always and be it further enacted by the Authority aforesaid that nothing in this present Act contained shall any way extend or be construed to extend to forfeit or vest in your Majesties your Heirs or Successors any Remainder or Remainders for valuable Considerations limited or settled by any Settlement or Conveyance made for such valuable Considerations either of Marriage or Marriage-Portion or other valuable Consideration whatsoever upon any Estate for Life or Lives to any Person or Persons not concerned in the Usurpation or Rebellion aforesaid such Remainder or Remainders as are limited or settled by any Conveyance wherein there is any Power for revoking and altering all or any the Use or Uses therein limited and also such Remainder and Remainders as are limited upon any Settlement or Conveyance of any Lands Tenements and Hereditaments commonly called Plantation-Lands and all Lands Tenements and Hereditaments held or enjoyed under such Grants from the Crown or Grants upon the Commission or Commissions of Grace for Remedy of defective Titles either in the Reign of King James the first or King Charles the first in which several Grants respectively there are Provisoes or Covenants for raising or keeping any number of Men or Arms for the King's Majesty against Rebels and Enemies or for raising of Men for his Majesties Service for Expedition of War always excepted and foreprized All which Remainders limited by such Conveyances wherein there is a Power of Revocation for so much of the Lands Uses and Estates therein limited as the said Power doth or shall extend unto and all such Remainders as are derived or limited for or under such Interest made of Plantation-Lands or other Lands held as aforesaid under such Grants from the Crown and all and every other Remainder and Remainders Reversion and Reversions not herein mentioned to be saved and preserved shall by the Authority of this present Parliament be deemed construed and adjudged void debarred and discharged to all Intents and Purposes whatsoever against your Majesty your Heirs and Successors and your and their Grantees or Assignees and the said Lands Tenements and Hereditamens belonging to such Rebels as aforesaid shall be vested in your Majesty your Heirs and Successors freed and discharged of the said Remainder and Remainders and every of them And to the end the Reversions and Remainders saved and preserved by this Act may appear with all convenient Speed Be it further enacted by the Authority aforesaid That the respective Persons intituled to such Remainders and Reversions do within sixty Days next after the first sitting of the Commissioners for executing the said Act of Repeal and this present Act exhibit their Claims before the said Commissioners and make out their Titles to such Remainder or Remainders so as to procure their Adjudication and Certificate for the same or the Adjudication and Certificate of some three or more of them And further That all Remainders for which such Adjucations and Certificates shall not be procured at or before One hundred and twenty Days after the first sitting of the said Commissioners shall be void and for ever barred and excluded any thing in this Act or other Matter to the contrary in any wise notwithstanding All which Lands Tenements and Hereditaments mentioned as aforesaid to be forfeited unto and vested in your Majesty by any the Clauses aforesaid are hereby declared to be so forfeited unto and vested in your Majesty without any Office or Inquisition thereof found or to be found and the same to be to the Uses Intents and Purposes in the said Act of Repeal and in this present Act mentioned and expressed And whereas several Persons hereafter named viz. Lyonel Earl of Orrery Mrs. ..... Trapps Ann Vicecountess Dowager of Dungannon Robert Boyl Esq Catherine Woodcock Alice Countess Dowager of Drogheda Alice Countess Dowager of Mountroth Isabella Countess
first sitting of the said Commissioners and procure the Adjucation of them or any three or more of them thereupon within One hundred and twenty Days after the said first sitting of the said Commissioners And whereas by one or more Office or Offices in the Time of the Earl of Strafford's Government in this Kingdom in the Reign of King Charles the First of ever blessed Memory All or a great part of the Lands Tenements and Hereditaments in the Province of Conaught and Counties of Clare Limerick and Tipperary were vested in his Majesty And by the Acts of Settlement and Explanation the said Office and Offices are declared to be Null and Void since which time the said Acts have been by the said Act of Repeal repealed and thereby some Prejudice might arise or accrue to the Proprietors concerned in them Lands if not prevented Be it therefore Enacted by the Authority aforesaid That the said Office and Offices and every of them commonly called the Grand Office and the Title thereby found or endeavoured to be made out or set up from the time of the finding or taking thereof was and is hereby declared to be Null and Void to all Intents and Purposes whatsoever Provided that nothing therein contained shall any way extend or be construed to extend to charge any Person or Persons who hath bona Fide paid any Rents or Arrears of Rent that have been due and payable out of any Lands hereby vested in your Majesty or to charge any Steward or Receiver that received any such Rents or Arrears of Rents if he bona Fide paid the same but that he and they shall be hereby discharged for so much as he or they so bona Fide paid against your Majesty your Heirs and Successors Provided always and it is hereby Enacted That every Person not being a forfeiting Person within the true intent and meaning of the said former Act or of this present Act and who before the seventh Day of May One thousand six hundred eighty nine had any Statute Staple or Recognizance for paiment of Money or any Mortgage Rent-Charge Portion Trust or other Incumbrance either in Law or Equity or any Judgment before the Two and twentieth Day of May One thousand six hundred eighty nine for paiment of Money which might charge any of the Estates Lands Tenements or Hereditaments so as aforesaid forfeited unto and vested in your Majesty shall and may have the benefit of the said Statutes Staples Judgments Recognizances Mortgages Rent-Charge Portions Trust and other Incumbrances out of the Estate or Estates which should be liable thereunto in case the said former Act or this present Act had never been made Provided always that the Person and Persons who had such Statutes Staples Judgments Recognizances or other Trusts or Incumberances do claim the same before the Commissioners for the Execution of the said former Act within two months after the first sitting of the said Commissioners and procure their Adjucation thereof within such reasonable Time as the said Commissioners shall appoint for determining the same And to the end that such Person and Persons as shall have any of the said Lands Tenements or Hereditaments granted unto him as aforesaid may know the clear Value of the said Lands Tenements and Hereditaments so to be granted unto him above all Incumbrances and may injoy the same against all Statute-Staples Judgments Recognizances Mortgages Rent-Charges and other Incumbrances not claimed-and adjudged as aforesaid Be it therefore further enacted by the Authority aforesaid That all such Lands Tenements and Hereditaments as shall be forfeited unto and vested in your Majesty and granted by Letters Pattents pursuant to the said former Act or this present Act shall be and are hereby freed acquitted and discharged of and from all Estates Charges and Incumbrances whatsoever other than what shall be claimed and adjudged as aforesaid And whereas by one private Act of Parliament intituled An Act for securing of several Lands Tenements and Hereditaments to George Duke of Albemarle which Act was pass'd in the Reign of King Charles the Second some Lands Tenements and Hereditaments in this Kingdom which on the two and twentieth Day of October one thousand six hundred forty one belonged to some ancient Proprietor or Proprietors who were dispossessed thereof by the late usurped Powers were secured and assured unto the said George Duke of Albemarle by means whereof the ancient Proprietors of the said Lands may be barred and deprived of their ancient Estates unless the said Act be repealed though such ancient Proprietor or Proprietors be as justly intituled to Restitution as other ancient Proprietors who were dispossessed by the said Usurper and barred by the late Acts of Settlement and Explanation Be it therefore enacted That the said Act for securing of several Lands Tenements and Hereditaments to George Duke of Albemarle be and is hereby repealed to all Intents and Purposes whatsoever And that the Proprietors of the said Lands and their Heirs and Assignes be restored to their said ancient Estates in the same manner with the said other ancient Proprietors their Heirs and Assignes And whereas several ancient Proprietors whose Estates were seized and vested in Persons deriving a Title under the said Acts of Settlement or Explanation have in some time after the passing of the said Acts purchased their own ancient Estates or part thereof from the Persons who held the same under the said Acts as aforesaid which old Proprietors would now be restored to their said ancient Estates if they had not purchased the same And for as much as the said ancient Proprietors or their Heirs should receive no Benefit of the said Act of Repeal should they not be reprized for the Money paid by them for their said ancient Estates Be it therefore enacted by the Authority aforesaid That all and every the ancient Proprietor or Proprietors or their Heirs who have laid out any Sum or Sums of Money for the Purchase of their own ancient Estates or any part thereof as aforesaid shall receive out of the common Stock of Reprizals a sufficient Recompence and Satisfaction for the Money laid out or paid by him or them for the Purchase of their said ancient Estate at the Rate of ten Years Purchase any Clause Act or Statute to the contrary in any wise notwithstanding And for the Prevention of all unnecessary Delays and unjust Charges which can or may happen to the Subjects of this Realm before their full and final Settlement Be it further enacted by the Authority aforesaid That where the Commissioners for Execution of the said Act of Repeal or any three or more of them shall give any Certificate under his and their Hands and Seals to any Person or Persons Bodies Politick or Corporate in order to the passing of any Letters Patents according to the said Act and shall likewise return a Duplicate of such Certificate into his Majesties Court of Exchequer at Dublin to be there enrolled and the Person and Persons
did not look on themselves to have resisted any persons legally commissioned by the King nor was there any need of a Judge or Judgment in the Case the Question being no other than Whether the Law required that our Governors and Army should not be Papists And whether the Earl of Tirconnell and those he employed were Papists Both which were notorious and confessed by all without the Determination of a Court or Judges 17. As to the point of Necessity 't is as plain there was no Necessity on King James to employ these persons whom the Law had disabled to serve him Protestants were numerous enough and willing enough to serve him in every thing that was for the Interest of the Kingdom but he not only refused to entertain them but turned out such as he found employed without the least Crime or Accusation and put in their places persons not only unqualified by Law for the Employments into which he put them but also unfit and uncapable to discharge them which sufficiently shewed that it was Choice not Necessity made him employ them But he foresaw that such persons as the Laws designed for Employments would not assist to destroy the Laws Liberties and Religion of the Kingdom and therefore he exchanged them for those new Servants whose Interest it was to join with him in his ill Designs and whose Service was their Crime who deserved the most severe punishments not only for accepting these Employments against the Laws but likewise using them to the Subversion of all Law and Justice If therefore there was any necessity on King James to employ such Servants it was a criminal Necessity and intirely of his own making and if he imagined that such a Necessity would excuse him from his Coronation Oath of governing according to the Laws and justifie his dispensing with all the Laws made for the Security of his Subjects why should he not allow the same Liberty to his Subjects and think that an inevitable Necessity of avoiding Ruin should be a sufficient Reason for them to dispense with their Obedience to him notwithstanding their Oaths of Allegiance especially where the Necessity is not pretended or created by themselves as his was but apparent and forced on them by him According therefore to his own Rules he cannot blame them for refusing to obey him where no Law required their Obedience or for resisting him in those unlawful Methods they saw him engaged in to their manifest Destruction But King James was resolved to venture all and as many of his Favourites expressed it would not be a Slave to the Laws and therefore endeavoured to be their Master In England he granted without any apparent Necessity nay against not only the Interest and Safety of the Kingdom but even to his own prejudice several Dispensations but these passed in some colour or form of Law and many of them at least passed the Offices and Seals but in Ireland they did not trouble themselves with these Formalities A verbal Command from the King was a sufficient Dispensation to all Laws made in favour of a Protestant the Officers acted and the Courts judged as if there had been no such Laws in being Here the Dispensations went much higher than in England even to dispensing with the Laws against robbing and taking away property for if King James had a mind to any thing he sent an Officer with a File of Musquetiers and fetched it away without considering the Owners and to shew us that his Commands were not merely pretended by these Officers which I confess often happened when they did such illegal things the King himself to shew I say that it was his determinate Resolution to act us did sometimes send Orders under his Hand to take away many things of great value without offering any Retribution or Satisfaction to the Owners Many Instauces of this kind may be given I shall only mention one because it made some noise A Grant in nature of a Lease with a reserv'd Rent to the Crown was made by King Charles the Second to some of his Courtiers as a Gratuity for considerable Services whereby the sole Liberty to coin Copper-Money in the Kingdom of Ireland for one and twenty years was given to them This Grant was purschased at a dear rate from the Grantees by Sir John Knox late Lord Mayor of Dublin and was renewed not without great Trouble and Charges to him by King James after his Accession to the Crown When he came into Ireland he found this Grant in the Hands of Collonel Roger Moor to whom it came by way of Legacy from the Purchaser King James designing to set up a Brass Mint sent for this Grant and had it strictly canvast to see if any Flaw could be found in it none could be found nor would the Collonel be persuaded to give it up The King therefore commanded it to be laid aside and his own Mint to be proceeded on without regard to it But having occasion for the coining Tools and Engines belonging to this without consulting the Owner or enquiring whether he was willing to part with them he sent and seised on them violently forcing open the Doors and taking away to a considerable Value Collonel Moore petitioned for Redress or at least some Consideration for his Loss but his Petition was rejected without being heard Such proceedings were common and shews us plainly what a weak Barrier Laws are against a person who designs absolute Power and who believes according to our late Act of Recognition That the Decision in all Cases of a misused Authority by a Lawful Hereditary King must be left to the sole Judgment of God SECT IV. III. King James's Progress to destroy his Protestant Subjects by his disposing of Civil Offices and ordering the Privy Council 1. I Have already taken notice how King James disposed the Military Offices in such a Method as must unavoidably ruin the Protestant Interest in Ireland it was not altogether so easie to out Men of their Civil Employment as of their Military 1. Because many had Patents for Life or Good Behaviour And 2. Because some of the Offices themselves were so difficult to be managed that it was not easie to find Roman Catholicks capable of discharging them yet it appeared necessary in order to ruin the Protestants that they should be turned out of them and therefore King James and his Ministers resolved to do it as fast as they could As soon as they could find a Papist that would or durst undertake them they put him in and they plainly declared that no Protestant after a little while should have any Office of Trust or Profit left in his Hands Some Offices they disposed of without more ado by new Patents and put the Patentee in Possession without taking notice that there was another Patent in being leaving the former Proprietor to bring his Action at Law if he pleased Thus they served Sir Charles Meredith for his Chancellorship of the Exchequer and thus they
or Law whatsoever being taken off There were already vacant in Ireland one Archbishoprick and three Bishopricks they had Attainted Two of the surviving Archbishops and Seven Bishops so that they had already the Jurisdiction of ¾ of the Kingdom by a Law of their own making secured into the Hands of Papists and the rest were quickly to follow 4. But Third where any shadow of Jurisdiction remain'd with the Protestant Clergy they rendered it insignificant by encouraging the most Obstinate and Perverse Sectaries and by shewing them Favour according as they were most opposite and refractory to all Ecclesiastical Discipline and paying their Dues to the Clergy this may be suppos'd one reason of their peculiar Fondness of Quakers and that it was upon this account chiefly they made them Burgesses or Aldermen in their new Corporations and reckoned them as most useful Tools to pull down the Discipline of the Church tho their Tythes were not given away to the Popish Priests yet there was no way left for the Protestant Clergy to recover them they being exempted from their Jurisdiction and from the very beginning of King James's Reign they so ordered the matter that Quakers were generally exempted from paying Tythes which at last became a more sensible loss to the Protestant Clergy because these were the only People that call'd themselves Protestants who had any thing left them out of which Tythes were due 5. 'T was on the same account that lewd and debauch't Converts were encouraged amongst them and a Man needed no more to escape the Censures and punishments due to his Crimes but to profess himself reconcil'd upon which all proceedings against him must immediately cease Thus many lewd Women turn'd Converts and continued their Wickedness without fear of the Ecclesiastical Judg. 6. If at any time a Bishop went about to correct a Scandalous Clergy-man the Kings Courts immediately interpos'd and granted prohibitions tho the matter did not bear one They knew it must put the Bishop to much pains and costs to have it removed and they were in hopes to weary him out before he could get a Consultation and so zealous were the Popish Lawyers to protect a Scandalous Minister against his Bishop that they would of their own accord gratis plead his Cause they thought it Fee enough to weaken the Jurisdiction of a Protestant Bishop and to do a mischief to our Religion by keeping in a wicked scandalous Clergy-man to be a reproach to it One Mr. Ross was prosecuted by his Bishop for very leud and notorious Crimes but the King's Judges interpos'd and Serjeant Dillon then Prime Serjeant pleaded his Cause gratis against the Bishop of Kilmore who prosecuted him If any Clergy-man turn'd Papist as we have reason to thank God that very few did whatever his Motives of Conversion were he was sure to keep his Livings by a Dispensation and to be exempted from the Power of his Bishop 7. King James by an order under his Privy Signet took on him to appoint Chancellors to exercise jurisdiction over Protestants Thus he appointed one Gordon who called himself Bishop of Galloway in Scotland to be Chancellor in the Diocess of Dublin this Gordon was a very ignorant lewd Man and a profest Papist yet he took on him by Vertue of King James's Mandate to exercise Ecelesiastical Jurisdiction over the Protestants of the Diocess to grant Licenses for Marriages Administrations of Wills and to Cite and Excommunicate whom he pleas'd But the Clergy refus'd to submit to him or to denounce his Excommunications which obliged him to let that part of his Jurisdiction fall but as to the other part that concern'd Wills he made his advantage of it he cited the Widow or Relation of any deceased Person and if they refused to appear he granted Administrations to some of his own Creatures and they came by force and took away the Goods of the Defunct It is incredible what wicked brutish things he with a parcel of ill Men he got to act with him did on this pretence and how he oppress'd and squeez'd the Widows and Orphans the poor People not being strong enough to oppose him and the Crew he employed for force was all the Right he could pretend it being notorious that in the vacancy of the Archbishoprick or in his absence when he cannot have intercourse with his Diocess the Jurisdiction devolveth to the Dean and Chapter as Guardians of the Spiritualities and they notwithstanding the difficulty of the times and danger they were in chose the Right Reverend the Bishop of Meath to administer the Jurisdiction which he did with all the meekness modesty and diligence that is peculiar to him though he could not hinder the forementioned Gordons Encroachments as to Administrations of Wills and Testaments In short King James by Vertue of his Supremacy claim'd a despotick Power over the Church and pretended that he might do what he pleas'd as to matter of Jurisdiction tho his Ecclesiastical Supremacy no more entitled him to encroach on the Liberties and Priviledges of the Church than his Civil entitled him to dispose of the Civil Rights of the Subjects of his Kingdoms He had indeed taken away the Oath of Supremacy by an Act of his pretended Parliament but yet he would not disown the Power vested in him by it tho the Papists would have had him renounce it expresly but he answered that he did not claim any Ecclesiastical Authority over his Roman Catholick Subjects nor pretended to be Supream in their Church in his Dominions but only over the Protestants the Mystery of which was plainly this he foresaw that the Ecclesiastical Authority which is settled by the Laws and trusted in the Crown as he could abuse it might be a means to destroy the Protestant Religion and to hinder the exercise of Ecclesiastical Discipline and therefore was resolved not to part with it not considering that such a manifest and designed abuse of a Trust in direct opposition to and destruction of the end for which it was granted to him was a provoking Temptation to his People on the first opportunity that offered to think of transferring it to some other Person that would administer it with more faithfulness according to the design for which it was granted 8. I might add as a Fifth means of destroying the Protestant Religion and slackening Discipline the universal Corruption of Manners that was encouraged at Court I do not charge King James with this in his own Person nor will I insinuate that he design'd it though he took no care to redress it but it lookt like a design in some and whether design'd or no it serv'd the Ends of Popery more than easily can be imagined and opened a wide Door for it That Kingdom that is very corrupt in Morals and debaucht is in a very fair way to embrace that Perswasion and generally their Proselites were such as had renounced Christianity in their Practice before they renounced the Principles thereof as taught in the
and John Sandisford of the same Gent. Henry Westenra of Athlacca in the County of Limerick Esq John Piggot of Kilfenny Esq Richard Stephens of Newcastle Gent. William Trenchard of Mountrenchard Esq ... Trenchard his eldest Son Eramus Smith of Carrigogonnagh Esq .... Harrison of Ballyvorneene Gent. Hugh Massey sen. of Doontrilige Esq Randall Clayton of Williamstown Gent. Henry Hartstonge Arch-Deacon of the Diocess of Limerick and William Harrison of Tuoreen Gent. all late of the County of Limerick Elnathan Lâ—m Merchant Vincent Gookin of Court-Mac-Shiry Esq Jonas Stowell of Killbritten Esq Philip Dimond of Cork Merchant Thomas Mitchell of the same Merchant Richard Boyle of Shannon-Parke Esq Achilles Daunt of Dortigrenau Gent. Nicholas Lysaght of Ardohnoge Gent. and William Harman of Carrigdownam Esq all late of the County of Cork William Gibbs of ... in the County of Waterford Gent. Loftus Brightwell Gent. Robert Beard Gent. Barzilla Jones Dean of Lismore Matthias Aldington of Tircuillinmore Gent. William Aldlington of the same Gent. and Richard Silver of Youghall Gent. all late of the Counties of Waterford and Cork Henry Brady of Tomgreny in the County of Clare Gent. Richard Picket of Clonmel in the County of Tipperary Esq John Lovet Esq John Castle of Richard's-Town Gent. Joseph Ruttorne of Poolekerry Gent. Thomas Vallentine of Killoman Gent. George Clarke of Ballytarsney Gent. John Bright of Shanrehin Gent. George Clarke of the same Gent. Thomas Climmuck of Tullamacyne Gent. William Warmsby Gent. Richard Clutterbuck of Derryluskane Gent. Erasmus Smith of Tipperary Esq William Watts of Drangan Gent. John Evelin of the same Gent. .... Shapcoate of Loghkent Gent. .... Page of the same Gent. Thomas Moor of Carrageenesâ—iragh Gent. Humphery Wray of Ballyculline Gent. Edward Crafton of Luorhane Gent. Alderman ... Clarke of .... John Clarke Gent. Arthur Annesloe Gent. William Warwick and Purefoy Warwick of Ballysidii Gent. Capt. .... Cope Robert Boyle of Killgraunt Gent. Hugh Radcliffe of Clonmel Gent. Edward Nelthrop Gent. Robert Dixon Samuel Clarke Gent. John Jones Gent. Henry Payne Gent. George Clarke of Tobberheny Gent. Edward Huchinson of Knocklosty Gent. Richard Aldworth late chief Remembrancer John Baiggs of Castletowd Gent. and John Buckworth of Shanballyduffe Esq all late of the County of Cipperary John Kingsmell of Castlesin in the County of Donnegall Esq James Hamilton of Dunmanagh in the County of Tyrone Gent. John Aungier Minister of the Vicarage of Lurgen in the County of Cavan William Allen of Kilmore in the County of Monaghan Gent. James Davys of Carrickfergus in the County of Antrim Gent. Samuel Warring of Warringstown in the County of Down Gent. Henry Cope of Loghall in the County of Ardmagh Gent. Gilbert Thacker of Cluttan Esq Archibald Johnson of Loghelly Clerk Oliver St. John of Toneregee Esq and William Brookes of Droincree Clerk all late of the County of Ardmagh Capt. Thomas Caulfeild of Dunamon in the County of Galloway Josepb Stuart of Turrock in the County of Roscomon Gent. and Henry Dodwell of Leytrin in the same County Gent. Paul Gore of Newton in the County of Mayo Esq Have before the said fifth Day of November last absented themselves from this Kingdom and live in England Scotland or the Isle-of-Man and there now abide and by their not coming or returning into this Kingdom upon your Majesties Proclamation to assist in Defence of this Realm according to their Allegiance must be presumed to adhere to the said Prince of Orange in case they return not within the time by this Act prescribed and thereby may justly forfeit all the Lands Tenements the Hereditaments which they or any of them are intituled unto within this Kingdom Be it therefore enacted by the Authority aforesaid that in case the said Person and Persons last mentioned do not by the first Day of October one thousand six hundred eighty nine of his and their own Accord without Compulsion return into this Kingdom and tender him and themselves to the chief Justice of your Majesties Court of Kings-Bench oâ— to some other Judg of the said Court or Judg of Assize in his Circuit or to any of the Lords of your Majesties most honourable Privy Council to be charged with any Crime or Crimes to him or them to be charged or imputed that then or in case he or they upon such his or their Return shall be convict by Verdict of twelve Men or by his or their own Confession upon his or their Arraignment for Treason or upon his or their Arraignment stand mute such Person and Persons so absent and not returning as aforesaid or after his or their Return being convict of Treason as aforesaid shall from and after the said first Day of October one thousand six hundred eighty nine be deemed reputed and taken as Traytors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason is accustomed But in case such Person and Persons so returning upon such his or their Trial be acquitted or discharged by Proclamation then such Person and Persons respectively shall from thence-forth be freed discharged and acquitted from all Pains Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary notwithstanding Provided always that in case your Majesty shall happen to go into the Kingdom of England or Scotland before the first Day of October one thousand six hundred eighty nine Then if the said Sir William Meredith Sir Charles Chiney Sir Charles Lloyd Sir Algernon Mayo Sir Richard May Sir Joseph Williamson Sir William Barker Alexander Fraizer Esq John Hollam .... Daniel of the Iron-Works Brooke Bridges Charles Vaughan Hugh Merrick Nathaniel Huett Hierom Hawkins Major John Reade William Trenchard .... Trenchard his eldest Son Erasmus Smith .... Harrison of Ballyverneen Achilles Daunt John Power Lord Decies William Gibbs Loftus Brightwell Robert Beard Matthias Aldington William Aldington John Lovett John Castle Joseph Rittorne Thomas Vallentine George Clarke of Ballytrasiny John Bright George Clarke of Shaurelin Thomas Chinnucks William Warmsby Richard Clutturbruck Erasmus Smith William Watts John Evellin .... Shapcoate of Loghkent .... Page of the same Thomas Moore Humphery Wray Edward Crofton Alderman Clarke John Clarke Arthur Anslow William Warwick Purefoy Warwick Capt. ... Coapes Robert Boyle of Killgrant Hugh Radcliffe Edward Nelthrop Robert Dixon Samuel Clarke John Jones Henry Payne George Clarke and Gilbert Thacker whose Dwelling and Residence always hath been in England shall give your Majesty such Testimony of their Loyalty and Fidelity as that your Majesty will be pleased on or before the said first Day of October one thousand six hundred eighty nine to certify under your Privy Signet or Sign manual unto your chief Governor or Governors of this Kingdom That your Majesty is satisfied or assured of the Loyalty and Fidelity of the Persons last before-named or of any of them That then if such Certificate shall on or before the first Day of November
Dowager of Roscomon Margaret Countess Dowager of Orrery Mary Countess Dowager of Orrery Katherine Countess Dowager of Ardglass Sir Edward Percivall of Burton Baronet Dame Hanna Knox of the City of Dublin Widow Richard Tygh Gent. Elizabeth Lloyd Widow ..... Newcomen Widow Cassandra Palmer Widow Jane Grelier of Damastreet Widow .... Wilson Wife to Mr. Wilson ..... Stopford Widow Jane Lady Best Elias Best her Son ..... Eccles of High-street Widow Ann Ormsby Widow Susanna Torcana of Esseâ—cstreet Spinster ..... Lady Hay ..... Hay her Son Fridayswed Lady Stephens Agnetia Hitchcock alias Stephens ..... Mossom Widow of Dr. Mossom the Minister Elizabeth Lady Cole ..... Lady Buekely ..... Whitfeild Widow of Mr. Whitfield John Johnson Esq Heir to William Williams Lady Isabella Graham Relict of Sir James Graham Lady Donnellan of Oxmantown James Knight Gent. and Isabella Stephens of the City of Dublin Margaret Bencham alias Bolton of Tobberbony in the County of Dublin Widow ..... Griffin of Newstreet ..... Margettson of Corballis Widow and Christopher Burr of Ballyaly Esq William Tygh of Brownestowne in the County of Kildare Gent. and Mary Barry of Kellystown Widow Edmond Pleydell of Tankardstown in the County of Catherlogh Esq .... Boate of Ballerchy in the King's County Gent. Jane Pettit of Tenlagh in the County of Longford Widow Frances Stopford of ..... in the County of Westmeath Widow Grace Cooper late of Dromore Widow and John Dodson of Coulanstown Gent. both in the County of Westmeath Ann Warden of Burne-Church in the County of Kilkenny Elizabeth Kealy of Ballymaclanghny Widow Mary Cremer of Cautwells Garrans Widow Elizabeth Lady Coulthroppe of Kilcolkeene ..... Vice Countess Dowager of Lansborough Frances Stopford of Claragh Widow and Martha Cuffe of Castlenich Widow all in the County of Kilkenny Lady Tabitha Totty of Prospect in the County of Wexford Elizabeth Lady Ponsonby and Agnes Masterson of Prospect Widow both in the County of Wexford Ann Carter alias Hopkins of ..... in the County of Wicklow Widow Katherine Carthy alias Newport of ..... in the County of Cork Widow Katherine Lady Percivall George Rye of Cork Gent. and Elizabeth Carty Daughter of Jeremy Carty all of the County of Cork ..... Lady Armstrong of Waterford Sarah Ledwich alias Shadwell Widow Sarah Aland of Ballinka both in the County of Waterford Elizabeth Lady Petty of ..... in the County of Kerry Ann Parnell of Kilosty in the County of Tipperary Widow ..... Parnel her Son .... Hunter of ..... Widow ..... Hunter her Son Elizabeth Frost Frances Biggs of Keadragh Widow Elizabeth Ward of Keile Jane Frost of ..... Margaret Walken of Ardmaile Widow Mary Hamilton Relict of Arch-Deacon William Hamilton of Emly Ann Hamilton Elizabeth Hamilton her Daughters Mary Davys and Jonathan Ash of Killoquirke Gent. all in the County of Tipperary Margaret Hamilton of Callidon in the County of Tyrone Widow Jane Davys of ..... in the County of Fermanagh Widow and Anna Catherina Lady Hamilton of Tullykeltyre in the County of Fermanagh Lettice Hart of Conlin in the County of Cavan Widow and Grace Kemson of Drumury in the County of Cavan Widow William Hill of Hillsborough in the County of Down Gent. are and for some time past have been absent out of this Kingdom and by reason of Sickness Nonage Infirmities or other Disabilities may for some time further be obliged so to stay out of this Kingdom or be disabled to return thereunto Nevertheless it being much to the weakening and impoverishing of this Realm that any of the Rents or Profits of the Lands Tenements or Hereditaments therein should be sent into or spent in any other Place beyond the Seas but that the same should be kept and employed within the Realm for the better Support and Defence thereof Be it therefore Enacted by the Authority aforesaid That all the Lands Tenements and Hereditaments Use Trust Possession Reversion Remainder and all and every other Estate Title and Interest whatsoever belonging or appertaining to all and every of the Persons herein before last mentioned within this Kingdom be and are hereby vested in your Majesty your Heirs and Successors to the Use of your Majesty your Heirs and Successors Provided always That if any Person or Persons in the next foregoing Clause mentioned have hitherto behaved themselves Loyally and Faithfully to your Majesty that then if they or any of them their or any of their Heirs do hereafter return into this Kingdom and behave him or themselves as becometh Loyal Subjects and do on or before the last day of the first Term next ensuing after such their Return exhibit his or their Petition or Claim before the Commissioners for execution of the said Acts if then sitting or in his Majesty's High Court of Chancery or in his Majesty's Court of Exchequer for any such Lands Tenements or Hereditaments and make out his or their Title thereunto and obtain the Adjudication and Decree of any of the said Courts of and for such his or their Title That then and in such Case such Adjudication and Decree shall be sufficient to all such Person and Persons for devesting and restoring such Estate and no other as shall be therein and thereby to him or them adjudged and decreed and that the Order of any of the said Courts shall be a sufficient Warrant to all Sheriffs or other proper Officers to whom the same shall be directed to put such Person or Persons in the actual Seizin Possession of the said Lands any thing in this Act contained or any other Statute Law or Custom whatsoever to the contrary in any wise notwithstanding Provided always and be it further enacted by the Authority aforesaid That neither the said Act of Repeal or this Present or any thing in them or in either of them contained shall extend to or be construed to Forfeit or Vest in your Majesty your Heirs or Successors or otherwise to bar extinguish or weaken any Right of Entry Right of Action Use Trust Lease Condition or Equity of Redemption of any Mortgage or Mortgages which on the said first Day of August One thousand six hundred eighty eight belonged or appertained to any Persons not being forfeiting Persons within the true intent and meaning of the said Act of Repeal or of this present Act and which ever since the said first Day of August One thousand six hundred eighty eight continued or remained in such Persons not being forfeiting Persons or devolved descended or come from them or any of them to any of their Heirs Executors or Administrators not being forfeiting Persons as aforesaid any thing in this Act or the said Act of Repeal to the contrary notwithstanding Provided always That the said Person or Persons claiming such Right of Entry Right of Action Use Trust Lease Condition or Equity of Redemption of Mortgage do and shall exhibit his and their Claim for the same before the Commissioners for execution of the said Act of Repeal or of this present Act within sixty Days after the
same any thing in this or the said Act of Repeal to the contrary notwithstanding And it is further enacted by the Authority aforesaid That all Letters Patents hereafter to be granted of any Offices or Lands whatsoever shall contain in the same Letters Patents a Clause requiring and compelling the said Patentees to cause the said Letters Patents to be enrolled in the Chancery of Ireland within a time therein to be limited and all Letters Patents wherein such Clause shall be omitted are hereby declared to be utterly void and of none effect Provided always that if your sacred Majesty at any time before the first Day of November next by Letters Patents under the Broad Seal of England if reâ—â—ding there or by Letters Patents under the Great Seal of Ireland during your Majesties abode here shall grant your gracious Pardon or Pardons to any one or more of the Persons herein before mentioned or intended to be attainted who shall return to their Duty and Loyalty that then and in such case such Person and Persons so pardoned shall be and is hereby excepted out of this present Act as if they had never been therein named or thereby intended to be attainted and shall be and are hereby acquitted and discharged from all Attainders Penalties and Forfeitures created or inflicted by this Act or the said Act of Repeal excepting such Share or Proportion of their real or personal Estate as your Majesty shall think fit to except or reserve from them any thing in this present Act or in the said Act of Repeal contained to the contrary notwithstanding Provided always that every such Pardon and Pardons be pursuant to a Warrant under your Majesties Privy Signet and Sign manual and that no one Letters Patents of Pardon shall contain above one Person and that all and every such Letters Patents of Pardon and Pardons shall be enrolled in the Rolls Office of your Majesties High Court of Chancery in this Kingdom at or before the last Day of the said Month of November or in Default thereof to be absolutely void and of none Effect any thing herein contained to the contrary notwithstanding Provided likewise that if any Person or Persons so pardoned shall at any time after the Date of the said Pardon join with or aid or assist any of your Majesties Enemies or with any Rebels in any of your Majesties Dominions and be thereof convict or attainted by any due Course of Law that then and in such Case they shall forfeit all the Benefit and Advantage of such Pardon and shall be again subject and liable to all the Penalties and Forfeitures inflicted on them and every of them by this or the said Act of Repeal as if such Pardon or Pardons had never been granted Provided always that nothing in this Act contained shall extend or be construed to extend to or vest in your Majesty any Lands Tenements or Hereditaments or other Interest of any ancient Proprietor who by the said Act of Repeal is to be restored to his ancient Estate but that all such Person and Persons and all their Right Title and Interest are and shall be saved and preserved according to the true Intent and Meaning of the said Act any thing in these Presents to the contrary notwithstanding Copia vera Richard Darling Cleric in Offic. M ri Rot. The Perswasions and Suggestions the Irish Catholicks make to his Majesty Supposed to be drawn up by Talbot titular Arch-bishop of Dublin and found in Col. Talbot's House July 1. 1671. 1. THAT the Rebellion in Anno 1641. was the Act of a few and out of fear of what was doing in England That they were provoked and driven to it by the English to get their Forfeitures That they were often willing to submit to the King and did it effectually Anno 1648 and held up his Interest against the Usurper who had murdered his Father till 1653. After which time they served his Majesty in Foreign Parts till his Restauration 2. That they acquiesce in his Majesty's Declaration of Novemb. 30. 1660. And are willing that the Adventurers and Souldiers should have what is therein promised them but what they and others have more may be resumed and disposed of as by the Declaration 3. They desire for what Lands intended to be restored them shall be continued to the Adventurers and Souldiers that they may have a Compensation in Money out of his Majesty's new Revenues of Quit-Rents payable by the Adventurers and Souldiers The Hearth Money and Excise being such Branches as were not in 1641 and hope that the one will ballance the other 4. They say That his Majesty has now no more need of an Army than before 1641 That the remainder of his Revenue will maintain now as well as then what Forces are necessary 5. They desire to be restored to Habitations and Freedom within Corporations 1. That the General Trade may advance 2. That Garisons and Cittadels may become useless 3. That they may serve his Majesty in Parliament for bettering his Revenue and crushing and securing the Seditious in all Places 6. They desire to be Sheriffs and Justices of the Peace c. for the Ends and Purposes aforesaid and to have the Power of the Civil and Ordinary Militia 7. They also desire to be form'd into a Militia and to be admitted to be of the standing Army 8. That their Religion is consonant to Monarchy and implicit Obedience That they themselves have actually serv'd his Majesty in Difficulties That they have no other way to advantage themselves than by a strict adherence to the King That they have no other Refuge whereas many of his Majesty's Subjects do lean hard another way 9. That the Roman Catholicks are six to one of all others that of the said one to six some are Atheists and Neuters who will profess the Roman Catholick Religion others devoutly given will affect the same course that the rest may have their Liberty of Conscience and may be corrected in case they abuse it 10. That the Roman Catholicks having the full Power of the Nation they can at all times spare his Majesty an Army of Sixty thousand Men there being Twelve hundred thousand Souls in Ireland and so consequently an Hundred and fifty thousand between sixteen and sixty Years old Which Forces if allowed to Trade shall have Shipping to transport themselves when his Majesty pleaseth 11. That they have a good Correspondence abroad for that great numbers of their Nation are Souldiers Priests and Merchants in esteem with several great Princes and their Ministers 12. That the Toleration of the Roman Catholicks in England being granted and the Insolence of the Hollanders taken down a Confederacy with France which can influence England as Scotland can also will together by God's Blessing make his Majesty's Monarchy Absolute and Real 13. That if any of the Irish cannot have their Lands in specie but Money in lieu as aforesaid some of them may transport themselves into America possibly
Encouragers and Abettors of them by an unpardonable neglect in the Execution of his Royal Orders And whereas the Issuing out Commissions of Oyer and Terminer in all the Counties of the Kingdom which was done some Months ago was judged by his Majesty with the Advice of his Privy Council the most Efficacious means to prevent and quash such horrid Disorders I. You are Ordered by his Majesty on sight hereof to let Me his Principal Secretary of State know what you can alledge to justifie your selves from the Imputation of having strangely Neglected all this time the Execution of your Commission which proves the chiefest Cause of this general Desolation of the Country II. You are Commanded by his Majesty to proceed without the least delay to the Execution of your Commission and send to me for his Majesties information a Weekly Account of your Proceedings III. That you Adjourn from one Week to another and at farthest not above a Fortnight IV. That you proceed with all Just Severity against such of the Justices of the Peace as have Bayled contrary to Law Malefactors And against all such as favour in any manner Robbers and Thieves V. That you proceed against all persons whatsoever who have given or will give any Obstruction to the Execution of your Commission And if they prove Officers of the Army or Absent so as you do not think fit to proceed against them that you forthwith send me an Account thereof VI. That you proceed with all Rigour against all persons found Guilty of Counterfeiting the Kings Coyn. VII And lastly That you Order all men to fall upon publick Robbers who have no regard of their Duty towards GOD their King or Country destitute of all sense of humanity and consider them but as wild beasts who live upon Prey and Rapine This is Gentlemen what I have at present in Command from his Majesty to send to you to which I will adde this Advertisement That you cannot light upon better Measures to Allay the KINGS just Resentment of your former Neglects the occasion of a world of Mischief then by a speedy and vigorous Execution of your Commission Let the present general cryes of the people for Justice and the present general Oppression under which the Country groans move you to have a Compassion of it and to raise in you such a publick spirit as may Save it from this inundation of Miseries that break in upon it by a Neglect of his Majesties Orders and by a general relaxation of all Civil and Military Laws Consider that our Enemies leaving us to our selves as they do conclude we shall prove greater Enemies to one another than they can be to us and that we will destroy the Country and enslave our selves more than they are able to do What Inhumanities are daily committed against one another gives but too much ground to the truth of what our Enemies conclude of us I had almost forgot a special Command of his Majesty that is That you will consider the Liberty of Conscience granted by Act of Parliament and to punish the Infringers of that Law who by an indiscreet and inconsiderable Zeal usurp his Majesties Prerogative not reflecting how much his Majesties and the Nations interest and not only the Religion of the Nation but the Catholick Religion in all the parts of Christendom is involved in a Religious Execution of that Liberty of Conscience Dublin-Castle Jan. 2. 1689. I am Gentlemen Your most humble Servant Marquis D Albaville To the Commissioners of Oyer and Terminer for the County of Dublin or to any or either of them to be Communicated to the rest To the Lord Chief Justice Nugent No. 26. A Copy of a Petition of the Minister of Wexford for his Church and the Order thereupon To the KING 's most Excellent Majesty The humble Petition of Alex r. Allen of Wexford Clerk Most humbly Sheweth THAT your Petitioner being Minister of the Parish Church of St. Iberius in the Town of Wexford hath therein for several Years past daily celebrated Divine Service and exercised all other Offices of his Function with Piety to GOD and constant Loyalty to your Majesty Yet Your Petitioner on the 25th of October last was Dispossessed of his said Church contrary to the late Act of Liberty of Conscience by Edward Wiseman Esq Mayor of Wexford who a few dayes after did not only by the Rabble introduced by him brake down and demolish all the Pewes and Altar of the said Church but did seize and unjustly deny your Petitioners Vestmonts Church Book and other Ornaments thereof to the great prejudice of your Petitioner and his Parishoners although your Majesties Roman Catholick Subjects have several Chappels fit for the free Exercise of their Religion both within and without the Walls of the said Town and whereunto several Protestant Inhabitants have given liberal Contribution Your Petitioner further sheweth That he the said Edward Wiseman as Magistrate of the Town of Wexford is obliged as usually it hath been by Act of Vestry to encourage and provide for the relief of distressed Orphans and other poor of the said Town of Wexford yet uncharitably refuseth to interpose his Authority in the behalf of such poor whereby they must inevitably perish if not speedily Relieved May it therefore please Your Majesty to Restore your Petitioner to his Parish Church which was never Forfeited by Absence or otherwise And that the said Edward Wiseman may be obliged to Repair it and leave it in the same condition he found it and that such care may be taken for Relief of distressed Orphans and other Poor from Famine as is usual And Your Petitioner shall ever pray c. At the Court in Dublin-Castle Jan. 28th 1690. Present the KING 's most Excellent Majesty in Council WHEREAS His Majesty is Informed upon Oath That Edw. Wiseman late Mayor of the Town of Wexford did Illegally seize upon the Parish Church of St. Iberius in the said Town of Wexford broke down the Pews and Altar of the said Church and detained the Vestmonts Church-Books and other Ornaments thereunto belonging His Majesty was Graciously pleased to Order Mr. Nicholas Stafford present Mayor of the said Town of Wexford forthwith to cause the said Church and Goods to be Restored to Alex r. Allen Minister of the said Parish in the same condition they were in when Seiz'd upon by the said Edward Wiseman Hugh Reily No. 27. Mr. Prowd Minister of Trim his Account of the Remarkable Accident that hapned upon Plundring the Church of Trim. SIR THIS will give you an Account of an eminent Instance of Gods Vengeance shewn on one John Keating a Church Rapparee who in the very act of Plundring and Breaking of our Church was struck with a sudden Madness in which he continued for the space of Three Weeks and that day three weeks he was struck Mad dyed in a sad and miserable Condition The manner of it was thus This Keating was a Souldier in the Lord of Kinmares