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A74451 An act for the setling of Ireland. Thursday, 12th August, 1652. Ordered by the Parliament, that this Act be forthwith printed and published. Hen: Scobell, Cleric. Parliamenti. England and Wales. Parliament. 1652 (1652) Thomason E1061_75; ESTC R205090 5,623 15

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AN ACT FOR THE SETLING OF IRELAND Thursday 12th August 1652. ORdered by the Parliament That this Act be forthwith Printed and Published Hen Scobell Cleric Parliamenti London Printed by John Field Printer to the Parliament of England 1652. AN ACT FOR THE SETLING OF IRELAND WHereas the Parliament of England after the expence of much Blood and Treasure for suppression of the horrid Rebellion in Ireland Have by the good Hand of God upon their undertakings brought that Affair to such an Issue as that a total Reducement and Settlement of that Nation may with Gods blessing be speedily effected To the end therefore that the People of that Nation may know that it is not the intention of the Parliament to extirpate that whole Nation but that Mercy and Pardon both as to Life and Estate may be extended to all Husbandmen Plowmen Laborers Artificers and others of the Inferior sort in maner as is hereafter Declared They submitting themselves to the Parliament of the Commonwealth of England and living peaceably and obediently under their Government And that others also of higher Rank and Quality may know the Parliaments intention concerning them according to the respective Demerits and Considerations under which they fall Be it Enacted and Declared by this present Parliament and by the Authority of the same That all and every person and persons of the Irish Nation comprehended in any of the following Qualificacations shall be lyable unto the Penalties and Forfeitures therein mentioned and contained or be made capable of the Mercy and Pardon therein extended respectively according as is hereafter expressed and declared That is to say I. THat all and every person and persons who at any time before the Tenth day of November One thousand six hundred forty two being the time of the sitting of the first General Assembly at Kilkenny in Ireland Have Contrived Advised Councelled Promoted or Acted the Rebellion Murthers or Massacres done or committed in Ireland which began in the year One thousand six hundred forty one or have at any time before the said Tenth day of November One thousand six hundred forty two by bearing Arms or contributing Men Arms Horse Plate Money Victual or other Furniture or Habilliments of War other then such which they shall make to appear to have been taken from them by meer force and violence ayded assisted promoted acted prosecuted or abetted the said Rebellion Murthers or Massacres be excepted from Pardon of Life and Estate II. That all and every Iesuit Priest and other person or persons who have received Orders from the Pope or Sea of Rome or any Authority derived from the same that have any ways contrived advised councelled promoted continued countenanced ayded assisted or abetted or at any time hereafter shall any ways contrive advise councel promote continue countenance ayd assist or abet the Rebellion or War in Ireland or any the Murthers or Massacres Robberies or Violencies committed against the Protestants English or others there be Excepted from Pardon for Life and Estate III. That James Butler Earl of Ormond James Touchet Earl of Castlehaven Ullick Bourk Earl of Clanrickard Christopher Plunket Earl of Fingal James Dillon Earl of Roscomon Richard Nugent Earl of Westmeath Morrogh O Brien Baron of Inchiquin Donogh Mac Carthy Viscount Muskerry Theobald Taaff Viscount Taaff of Corren Richard Butler Viscount Mountgarret _____ Roch Viscount Fernjoy _____ Montgomery Viscount Montgomery of Ards _____ Magennis Viscount of Iveah _____ Fleming Baron of Slane _____ Dempsey Viscount of Glanmaleer _____ Bermingham Baron of Athenry Oliver Plunket Baron of Lowth Robert Barnwal Baron of Trymlets-town Miles Bourk Viscount Mayo Connor Magwire Baron of Eniskellen Nicholas Preston Viscount Gormanstown Nicholas Nettervil Viscount Nettervil of Dowth John Bramhal late Bishop of Derry James Cusack Esq Thomas Tyrrel Esq Peter Clinton Esq Sir Phelim O Neil Knight Sir George Monroe Knight Sir James Montgomery Knight Sir Robert Stewart Knight Sir Con Magennis of the County of Down Knight Sir Luke Fitz-Gerald of Tecroghan Knight Sir Richard Barnwal of Crickstown Knight Sir John Nettervil Knt. Sir Thomas Esmond of the County of Wexford Knight Sir John Magragh of the county of Tipperary Sir Theobald Bourk Son of the Viscount Mayo Colonel Thomas Preston Hugh Buy O Neil Luke Taaff Brother of the Viscount Taaff Geoffry Brown Esq Geoffry Baron Esq Patrick Darcy Esq Nicholas Plunket Esq _____ Fennel Doctor of Physick Hugh Mac Phelim Birn of the County of Wicklow Florence Fitz Patrick of the Queens County Esq Colonel John Fitz Patrick Son of Florence Roger Moor of Ballyna in the County of Kildare Tirlogh Roe O Neil Brother to Sir Phelim O Neil Mulmurry Mac Swyne Donnel Oge Magennis John Mortimer Rory Magwyre of the county of Fermanagh Rory Mac Brien Oge Magennis Even Magennis of Castle-vellan Edmund Buy Magennis Shane Mac Brien O Neil Tirlogh Magragh son of James Magragh Tirlogh mac Caffry O Donnel Brien Modder O Quynne Brien O Mulcrevy Patrick Groom O Mulcrevy Tirlogh Groom O Quynne of Monagowre in the county of Tyrone Colonel Manus Roe O Cahan Toole Mac Macan Walter Bagnal Esq Edmund Bourk of Cloghan in the County of Mayo _____ Pursel of Tipperary Baron of Loghmo Thomas Cantwel of Cantwels-Court in the County of Kilkenny Edward Hussey of Moyl Hussey in the county of Meath Hugh Hussey of Galtrym John Bellew of Willystown in the county of Lowth Esq Philip Mac Hugh O Reyly of the county of Cavan Mulmurry O Reyly of the county of Cavan Colonel Mac Brien Mac Mahown of the county of Monaghan Lysagh Moor brother of Roger Moor before-mentioned Neil Mac Kenna of the Trough in the county of Monaghan Richard Belling Esq son of sir Henry Belling Knight Laurence Dowdal of Athlumney Esq Captain Arthur Fox of Crumlin in the county of Dublin Brien Mac Phelim Birn of the county of Wicklow Col. Luke Tool of Castle kevin in the county of Wicklow John Crean of Sligo Anthony Brabazon of Ballinfloe in the county of Roscomon Piers Fitz Gerard of Ballisonan commonly called Mac Thomas Lysagh Demsey of the Kings County Esq Charls O Conner Dun of Ballintober in the county of Roscomon Esq Dermot O Brien of the county of Clare Richard Grace Mac Jasper of the Kings County Philip O Dwyre of the county of Tipperary Owney O Dwyre of the county of Tipperary Murtagh O Brian of Annagh in the said county John O Kennedy of Dunnally in the said county Murrogh ne Mart O Flagherty of the county of Gallowey Teige O Flagherty of the said county Teige O Connor Roe of the county of Roscomon Teige O Connor Sligo of Sligo Redmond Bourk Kilceman in the county of Gallowey Thomas Bourk of Anbally in the county of Galloway John Brown of the Neal in the county of Mayo Charls O Connor and Hugh O Connor brothers of Teige O Connor Sligo James Dillon brother to the Viscount Dillon of Costillogh Touchet brother to the Earl of Castlehaven be excepted from pardon for
Lift and Estate IV. That all and every person and persons both Principals and Accessaries who since the First day of October One thousand six hundred forty one have or shall kill slay or otherwise destroy any person or persons in Ireland which at the time of their being so killed slain or destroyed were not publiquely entertained and maintained in Arms as Officers or private soldiers for and on behalf of the English against the Irish And all and every person and persons both Principals and Accessaries who since the said First day of October One thousand six hundred forty one have killed slain or otherwise destroyed any person or persons entertained and maintained as Officers or private soldiers for and on the behalf of the English against the Irish the said persons so killing slaying or otherwise destroying not being then publiquely entertained and maintained in Arms as Officer or private soldier under the Command and Pay of the Irish against the English be excepted from pardon for Life and Estate V. That all and every person and persons in Ireland that are in Arms or otherwise in Hostility against the Parliament of the Commonwealth of England and shall not within Eight and twenty days after Publication hereof by the Commissioners for the Parliament or Commander in Chief lay down Arms and submit to the Power and Authority of the said Parliament and Common-wealth as the same is now established be excepted from pardon for Life and Estate VI. That all other person and persons not being comprehended in any of the former Qualifications who have born Command in the War of Ireland against the Parliament of England or their Forces as General Lieutenant General Major General Commissary General Colonel Governor of any Garison Castle or Fort or who have been imployed as Receiver-General or Treasurer of the whole Nation or any Province thereof Commissary-General of Musters or Provisions Marshal-General or Marshal of any Province Advocate of the Army or Secretary to the Councel of War or to any General of the Army or of any the several provinces in order to the carrying on the War against the Parliament or their Forces be banished during the pleasure of the Parliament of the Commonwealth of England and their Estates forfeited and disposed of as followeth viz. That two third parts of their respective Estates be had taken and disposed of for the Vse and Benefit of the said Commonwealth And that the other third part of their said respective estates or other lands to the proportion and value thereof to be assigned in such places in Ireland as the Parliament in order to the more effectual Settlement of the peace of this Nation shall think fit to appoint for that purpose be respectively had taken and enjoyed by the Wives and Children of the said persons respectively VII That the Commissioners of Parliament and Commander in Chief have power to declare That such person or persons as they shall judge capable of the Parliaments Mercy not being comprehended in any of the former Qualifications who have born Arms against the Parliament of England or their Forces and have laid down Arms or within Eight and twenty days after publication hereof by the Commissioners for the Parliament and the Commander in Chief shall lay down Arms and submit to the Power and Authority of the said Parliament and Commonwealth as the same is now established by promising and ingaging to be true to the same shall be pardoned for their Lives but shall forfeit their Estates to the said Commonwealth to be disposed of as followeth viz. Two third parts thereof in three equal parts to be divided for the Vse Benefit and Advantage of the said Commonwealth and the other third part of the said respective Estates or other Lands to the proportion or value thereof to be assigned in such places in Ireland as the Parliament in order to the more effectual Settlement of the peace of that Nation shall think fit to appoint for that purpose be enjoyed by the said persons their Heirs or Assigns respectively Provided That in case the Commissioners and Commander in Chief or either of them shall see cause to give any shorter time then Twenty eight days unto any person or persons in Arms or in any Garison Castle or Fort in Hostility against the Parliament and shall give notice to such person or persons in Arms or in any Garison Castle or Fort That all and every such person and persons who shall not within such time as shall be set down in such notice surrender such Garison Castle or Fort to the power of the Parliament and lay down Arms shall have no advantage of the Time formerly limited in this Qualification VIII That all and every person and persons of the Popish Religion who have resided in Ireland at any time from the First day of October One thousand six hundred forty-one to the First of March One thousand six hundred fifty and have not manifested their constant good Affection to the Interest of the Commonwealth of England the said persons not being comprehended in any of the former Qualifications shall forfeit one third part of their Estates in Ireland to the said Commonwealth to be disposed of for the Vse Benefit and Advantage of the said Commonwealth and the other two third parts of their respective Estates or other Lands to the proportion or value thereof to be assigned in such place in Ireland as the Parliament for the more effectual Settlement of the peace of that Nation shall think fit to appoint for that purpose be enjoyed by such person or persons their Heirs or Assigns respectively And that all other persons who have resided in Ireland within the time aforesaid and have not been in actual Service for the Parliament or otherwise manifested their good Affections to the Interest of the Parliament of England having opportunity to do the same shall forfeit one fifth part of their Estates to the Vse of the said Commonwealth IX That all and every person and persons having no real Estate in Ireland nor personal Estate to the value of Ten pounds that shall lay down Arms and submit to the Power and Authority of the Parliament by the time limited in the former Qualifications and shall take and subscribe the Engagement To be true faithful to the Commonwealth of England as the same is now Established within such time and in such maner as the Commissioners for the Parliament and Commander in Chief shall appoint and direct such persons not being Excepted from Pardon nor adjudged for Banishment by any of the former Qualifications shall be pardoned for Life and Estate for any act or thing by them done in prosecution of the War X. That all Estates Declared by the former Qualifications concerning Rebels or Delinquents in Ireland to be Forfeited shall be construed adjudged and taken to all intents and purposes to extend to the Forfeitures of all Estates Tail and also of all Rights and Titles thereunto which since the Five and twentieth of March One thousand six hundred thirty nine have been or shall be in such Rebels or Delinquents or any other in trust for them or any of them or their or any of their uses with all Reversions and Remainders thereupon in any other person or persons whatsoever And also to the Forfeiture of all Estates limited appointed conveyed setled or vested in any person or persons Declared by the said Qualifications to be Rebels or Delinquents with all Reversions or Remainders of such Estates conveyed vested limited declared or appointed to any the Heirs Children or Issues of such Rebel or Delinquent which Estate or Estates Remainders or Reversions since the five and twentieth of March One thousand six hundred thirty nine have been or shall be in such Rebels or Delinquents or in any their Heirs Children or Issues of such Rebels or Delinquents and to all Estates granted limited appointed or conveyed by any such Rebels or Delinquents unto any their Heirs Children or Issue with all the Reversions and Remainders thereupon Provided That this shall not extend to make void the estates of any English Protestants who have constantly adhered to the Parliament which were by them Purchased for valuable consideration before the Three and twentieth of October One thousand six hundred forty one or upon like valuable consideration Mortgaged to them before that time or to any person or persons in trust for them for satisfaction of Debts owing to them Provided That if any person or persons Excepted by name or otherwise comprehended in these Qualifications have been comprized within any Articles granted unto them or agreed upon between them and any Commander of the Parliaments Forces thereto Authorized That such person or persons shall nevertheless enjoy the benefit of those Articles in case the Commissioners of Parliament in Ireland shall adjudge them to be Comprized therein and that they have observed and kept and continue to observe and keep the Articles on their parts And that nevertheless it shall be in the Power of the Parliament or their Commissioners if they see cause to Transplant such persons from the respective places of their usual Habitation or Residence into such other places within that Nation as shall be judged most consistent with Publique Safety allowing them such proportion of Land or Estate in the parts to which they shall be Transplanted as they had or should have enjoyed of their own other where in case they had not been so removed Thursday the Twelfth of August 1652. ORdered by the parliament That this Act be forthwith Printed and Published Hen Scobell Cleric Parliamenti