of discount on other particulars and if all the unprofitable Acres be cast in it may near answer the difference of value the now beneficial Leases do make from the present intrinsick value exclusive of them 75. And lest this allowance should be thought insufficient we humbly conceive the Woods of the Kingdom now standing on the Forfeited Estates not restored may be worth Sixty thousand pounds which we believe if thrown in will answer the difference provided some speedy care be taken to prevent farther waste 76. But lest our allowances on the particulars aforesaid should not be esteemed sufficient we throw in all denominations of Lands to which we could annex no number of Acres not receiving any light either by the Surveys Commissioners Books Inquisitions or our enquiries in the Country and because they are quantities of Land that vastly differ from one another both in value and number of Acres we make no certain estimate of them tho it seems very probable to us that they amount to Seventy or Eighty Thousand Acres which we humbly conceive will much more than answer all the deficiencies before mentioned 77. And here we shall take notice of the general waste committed on the Forfeited Woods of this Kingdom particularly on the Woods of Sir Valentine Brown in the County of Kerry where to the value of twenty Thousand Pounds has been cut down and destroyed and the waste on the Woods of the late Earl of Cl-nc-rtys Estate now in Grant to the Lord W -- dst-ck is computed at Twenty Seven Thousand Pounds And indeed so hasty have several of the Grantees or their Agents been in the disposition of the Forfeited Woods that vast numbers of Trees have been cut and sold for not above six pence a piece and the like waste is still continuing in many parts of this Kingdom and particularly at this instant the Right Honourable Sir John Hely Lord Chief Justice of the Court of Common Pleas here and Peter Goodwyn joint Purchasers of the Lands of Feltrim within six miles of Dublin of the Right Honourable the Lord C-n-ngsby are now cutting down the very ornamental rows and Groves about the mansion House great waste has been made and yet is commiting on the Woods of Oshaghnessy in the County of Gallway purchased by Toby Butler Esquire for about 2500 l. which is valued to above 12000 l. and when we appointed some persons to view and value the said Woods the said Toby Butler did prosecute them by Indictment for so doing 78. Besides all the forfeitures before mentioned there are great numbers of persons guilty of the late Rebellion and within no Articles and never prosecuted and many have appeared on the Exigent which to this day are continued under Bail and some of them were this last Summer Assizes tryed and Acquitted and indeed it does appear to us that the Freeholders of this Kingdom through length of time and by contracting new Friendship with the Irish or by interpurchasing with one another but chiefly through a general dislike of the disposition of the Forfeitures are scarce willing to find any persons guilty of the late Rebellion even upon full Evidence 79. By reason of this delay of prosecution many good Estates by the death of Parties have been lost to his Majesty 80. And notwithstanding all this it seems probable by the multitude of discoveries offer'd us that if right methods were taken and proper incouragement given a great Sum of Money might be raised out of the forfeitures that lie concealed 81. There has been so great a neglect in the prosecution of his Majesties Title that no Inquisition went into Connaught till the year 1695 which gave the forfeiting persons time and leisure to set up what incumbrances they pleased and when they were issued the findings were almost as the Counsel of the forfeiting person thought fit And indeed by the great disproportion of Protestants to Papists which is computed at not one to fifty and so very few Protestant Freeholders being within most Counties of that Province so little Justice is to be had there that the Province it self seems scarcely reduced to his Majesties Obedience a late instance might be given at the last Assizes for the County of Gallway where near forty persons were brought on their Tryals for the late Rebellion and the majority of the Jury that had them in Charge were Officers in the late King James's Army and adjudged within Articles and after that 't were needless to say they were all acquitted Tho by accident 't was discovered that one Kirevan one of the persons then on Tryal was in actual Rebellion and an Officer under the Foreman of the Jury who was sworn to that Fact which was a surprizing difficulty to the Jury who not well knowing how to acquit him upon so direct a proof resolved that the Dice should determine and so the Jury among themselves threw the Dice and the Lot falling upon one Mr. Pendergast he did absent himself accordingly and so no Verdict was given on the said Mr. Kirevan who was thereupon bound over to appear the next Assizes at Gallway to take his Tryal 82. The House of Clanrickard have a vast Territory within that Province with few or no Protestant Tenants thereon the greatest part whereof by the Attainder of the Lord B-ph-n who is only Tenant for Life is now vested in his Majesty and we humbly Conceive if proper methods were now taken by setting the said Estate to Protestant Tenants by Leases for Lives renewable for ever 't would greatly increase the Freeholders and thereby secure the Property and advance the Protestant Interest of that Province 83. And in the next place we do Humbly Acquaint your Honours that several of the Grantees have raised great sums of Money by sale of their Lands and Estates in the whole amounting to 68155 l. 3 s. 1 d. as does hereafter more particularly appear viz. The Right Honourable the Earl of Athl-ne has sold so much of his Grant as amounts to the Sum of 17684 l 12 s. And here we think we ought to take notice that the Lord Athl-ne's Grants are confirmed by Act of Parliament of Ireland The Right Honourable the Earl of R-mn-y has sold so much of his Grants as amounts to 30147 l. 11 s. 1 d. of which 5323 l. 14 s. 7 d. remains unpaid in the Purchasers Hands The Right Honourable the Earl of Alb-m-rle has received in England 13000 l. Sterling by sale of part of his Grant The Right Honourable the Lord C-nn-ngsby hath sold to the value of 2200 l. And Thomas Keightly Esquire has sold and receiv'd to the value of 5123 l. 10 s. amounting in the whole to 68155 l. 3 s. 1 d. 84. We are also to acquaint your Honours that there have been several Proclamations and other Publick Assurances given that a fourth part should be granted to such as should discover any concealed Forfeitures to some of the Discoverers Grants have been made and they appear in the
In the County of Longford 2067 2 348 9 9 4530 6 9 In the C. of Lowth and 'T of Drogheda 22508 Â 6331 11 Â 82310 3 Â In the County of Cork 244320 Â 32133 12 6 417737 2 6 In the County of Kerry 90146 Â 3652 11 9 47483 12 9 In the County of Clare 72246 Â 12060 17 Â 156791 1 Â In the County of Waterford 21343 Â 4190 10 Â 54476 10 Â In the County of Limerick 14882 3 4728 10 6 61470 10 Â In the County of Tipperary 31960 3 8888 12 Â 115552 2 6 In the County of Gallway 60825 Â 10225 4 Â 83528 19 Â In the County of Roscommon 28933 Â 5808 15 Â 69767 2 Â In the County of Mayo 19294 Â 3186 5 6 37598 3 Â In the County of Sligoe 5562 2 998 17 6 12985 7 6 In the County of Antrim 10103 3 1944 18 6 25284 Â 6 In the County of Down 9079 Â 1016 6 Â 13212 4 6 In the County of Ardmagh 4962 Â 688 Â Â 7644 Â Â In the County of Cavan 3830 1 478 12 6 6222 2 6 In the County of Monaghan 3832 Â 558 16 Â 7264 8 Â In the County of Fermanagh 1945 Â 389 Â Â 5057 Â Â All these Lands in the several Counties aforesaid as far as we can reckon by Acres being added together make 1060792 Acres worth per an 211623 l. 6 s. 3 d. value total 2685130 l. 5 s. 9 d. besides the several Denominations in the said several Counties to which no number of Acres can be added by reason of the imperfection of the Surveys which we humbly represent to your Honours as the gross value of all the Lands forfeited in Ireland since the 13th day of February 1688. 15. Next we think it our duty to acquaint your Honours what proportions of these Lands have been restored to the old Proprietors by virtue of the Articles of Limerick and Gallway and by his Majesty's favour 16. Three Letters one from her late Majesty Queen Mary of ever blessed Memory dated the 15th of March 1691 2 to the Right Honourable the Lord Sdn-y Sir Charles Porter Knight and Thomas Lord C-n-ngs-by then Lords Justices and Chief Governours of this Kingdom one other Letter from her said late Majesty dated the 6th day of May 1693 to the said Lord Viscount S-dn-y then Lord Lieutenant and General Governour of this Kingdom and to the Privy Council there for the time being and one other Letter from his Majesty dated the 24th day of May 1694 to the Right Honourable Henry Lord C-pel Sir Cyril Wich Knight and William Duncombe Esq then Lords Justices of this Kingdom and to the Privy Council there for the time being were severally sent unto them empowering them to hear and determine the Claims of all persons pretending to be within the Articles of Limerick and Gallway and in pursuance of the said Letters 491 persons were adjudged within the Articles aforesaid The names of which persons with their Additions and times of their Adjudications appear in a Book delivered in with this Report N. 3 17. Afterwards a Commission dated the 25th day of February in the 8th year of his Majesty's Reign passed under the great Seal of Ireland impowering the Judges of the several Courts here or any five of them to hear and determine the Claims aforesaid And in pursuance of that Commission 792 persons were adjudged within the Articles aforesaid The names of which persons with their Additions and the times of their Adjudications appear in a Book delivered in with this Report N 4. 18. The Estates that the persons have been restored to by virtue of their Adjudications contain 233106 Acres of Land amounting in yearly value to 55763 l. 6 s. 6 d. value total 724923 l. 4 s. 6 d. The particular number of Acres belonging to persons adjudged the County and Barony in which they lye with the yearly value and what the whole Interest is worth appears in the Book N. 2. 19. And here we presume not to judg whether the Letters from his Majesty or the late Queen to the Lords Justices did give them any legal authority to summon the Subjects from all parts of the Kingdom give Oaths adjudg without Jury and levy Money under the name of Fees we finding no Act of Parliament to warrant the same which we humbly submit to your great Wisdom 20. Further we think it necessary to inform your Honours that the Fees in the said Courts were so extravagant that Mr. Palmer who acted as Register in the right of Mr. Poultney and divided the profits with him demanded of Mr. Luke Dillon for the Fees of his Fathers Adjudication eighty six pounds and Mr. Steel Cryer of the Court fifteen pounds more Nor could Mr. Dillon get out the order to reverse his Fathers Outlawry till he had paid fifty two pounds in ready Money to Mr. Palmer and gave him his Bond for fourteen pounds more and had paid Mr. Steel five pounds besides ten pounds which he had paid Mr. Palmer for Orders the Cause being continued in the Court near two years Nor was this a single case for many more have paid great Summs of Money on the like account the charge of entring a Claim only before we acted in our Commission being near five pounds tho by express words in the Articles of Limerick no person ought to pay any Fees but to writing Clerks 21. We may add to this that the proceedings of the Court of Claims are almost universally complained of and we fear with too much reason Some persons having been adjudged without posting their Claims others within a day or two after before the Kings Councel or Witnesses could be ready which was contrary to the Rules of the Court it self that required fourteen days between the posting every Claim and the Adjudication It was also observable that if any person would disclaim his Estate he met with very little difficulty in being adjudged tho afterward there could be no obstacle in the reversing his Outlawry and consequently to be restored to his Estate In general it seems to us that there have been great miscarriages in the said Court and that in many cases the Articles of Limerick and Gallway have been expounded too beneficially in favour of persons Outlawed and often on the oath of one witness who we humbly conceive cannot not be convicted of Perjury either by common or Statute Law By this means we apprehend a great many persons have been restored to their Estates that upon review would be found to belong to his Majesty To come to a more particular knowledg of which we sent to the said Mr. Palmer for the Minutes of the Adjudications but he having taken them in Short-hand only and never since transcribed them we could not get such an account as was sit to lay before your Honours We shall only take notice of one thing that seems to us very extraordinary that more
persons were adjudged within Articles since the Commencement of our Enquiry than had been since the making of the said Articles 22. Next we are to acquaint your Honours what Estates have been restored to the old Proprietors by Reversal of Outlawries or his Majesty's Pardon 23. The Reversals are of two sorts such as have been in pursuance of Adjudications all markt in N. 3 and 4 in distinct Columns for that purpose the Estates restored by Reversals are already computed under the consideration of persons adjudged 24. The other sort are such as have been reversed by his Majesty's or the late Queen's Letters or Orders to the Lords Justices which with all Pardons and the considerations inducing the same past since the Defeat at the Boyne amounting to sixty five appear in a Book delivered in with this Report N. 5. The Estates restored to the several Persons pardoned or that have their Outlawries reversed by his Majesty's favour contain 74733 Acres worth per An. 20066 l. 8 s. 3 d. value total 260863 l. 7 s. 3 d. The particulars thereof what Estate belongs to each person in what County and Barony it lies what is the yearly and total value appear in the Book N. 2. 25. And here we think it proper to take notice to your Honours that as well by the general report of the Country as by several Observations of our own it appears probable to us that many of the persons aforesaid have obtained his Majesty's Favour by gratifications to such persons as have abused his Majesty's Royal Compassion But when we touch'd on this subject we found difficulties too great to be overcome most of these matters being transacted in private and with Persons out of this Kingdom however we shall lay before your Honours some instances where it appears to us that Mony has been given to restore persons forfeiting to their Estates 26. The Right Honourable the Lord B-ll-w released a Statute Staple of 1000 l. principal Mony and seven or eight hundred pounds Interest to the Lord R-by which was due from Sir William W-ntw-rth Father to the present Lord R-by to the Lord D-l-ke Father to the present Lord B-ll-w in consideration that he would use his Interest with his Majesty to procure his Pardon which he did accordingly and his Pardon soon after passed he also released to the Lord R-mny all the profits of his Estate which his Lordship had enjoyed near three years amounting to about as many thousand pounds in consideration his Lordship would not give him any molestation in passing his Pardon 27. John Kerdiff of Kerdiffstown in the County of Dublin Gent. gave to Mrs. Margaret Vniack 200 l. or thereabouts to make use of her Interest with the Lord R-mny to obtain his Majesty's Letter to have his Outlawry reversed which was accordingly done the the particular case of this Man deserved Compassion 28. Sir John Morris paid to Mr. Richard Vniack five hundred pounds whereof three hundred pounds were paid to Mrs. Vniack for her Interest in the Lord R-mny to procure his Pardon which was accordingly done 29. Henry Morris Esq gave one hundred pounds to Mrs. Margaret Vniack to obtain his Majesty's pardon which was accordingly done 30. John Hussey of Leistip Esq upon his being informed by Mr. Bray and Mr. Roscoe Agents to the Lord Athl-ne that he would not get his Outlawry reversed without giving him a general Release of all demands to the Lord Athl-ne he did it whereby a Mortgages of three hundred pounds which he had upon the Lord L-mr-ck's Estate then in grant to the Lord Athl-ne was released who appeared not to us to have known of the said Mortage or to have had any benefit thereby 31. Edmund Roch Gent. gave Mr. Richard Darling Agent to the Lord R-mny five hundred pounds for his Interest in procuring his pardon which by the means of the Lord R-mny was obtained as we believe But the said Roch was outlawed on the Statute of Foreign Treasons tho never out of the Kingdom 32. John Bourke Esq commonly called Lord B-ph-n agreed to pay 750 l. to Mr. Andrew Card for the use of the Lord Alb-m-rle in consideration he would procure his Majesty's Letter to have him restored to his Estate and Blood three hundred pounds of the said Money was to be paid when he was restored to his Estate and the residue some time after In pursuance of the said Agreement a Letter was sent to the Lords Justices to be communicated to the Commissioners of the Court of Claims in favour of the Lord B-ph-n in order to have him adjudged within the Articles of Gallway but nothing being done thereon it was agreed that a Bill should be transmitted into England in order to pass into a Law in Ireland to restore the Lord B-ph-n to his Estate and Blood the consideration suggested in the Bill was to educate his Children in the Protestant Religion and let his Estate to Protestants It was further provided in the said Bill that nine thousand pounds should be raised upon the said Estate for payment of Debts and a certain part of the said Estate appropriated for the maintenance and provision of his Children but in reality 7500 l. of the said Money was to be paid to the Earl of Alb-m-rle and the remainder as we believe to the persons concerned in negotiating the said Agreement This Bill was brought into the House of Commons of Ireland but the Agreement taking wind and the House resenting that their Authority should be made use of to support such a clandestine bargain and finding several allegations in the said Bill false they rejected it Afterwards a new agreement was made viz. that there should be a Grant to the Lord R-ss in trust that the Money to be advanced for procuring the said Grant should be first raised out of the Estate and next that the Profits should be applied to the payment of Debts and after to the use of the Family of Clanrickard In pursuance of the Agreements aforesaid a Letter was procured from his Majesty and three thousand pounds paid to Thomas Brodrick Esq for the benefit of the Lord Alb-m-rle 33. Having now laid before your Honours an account of all the Estates belonging to persons outlawed since the 13th day of February 1688. and also what Estates have been since restored by Articles and what by his Majesty's favour we will proceed to acquaint your Honours what Grants have been made and also what Custodiums are yet in being of any of the said Estates and to whom 34. There have past since the Battle of the Boyne under the Great Seal of Ireland 76 Grants and Custodiums a Book whereof with the dates of the Letters Patents and the Considerations we have delivered in with the Report N. 6. Some of the most considerable Grants we here particularly lay before your Honours the number of Acres and Considerations 35. To the Right Honourable the Lord R-mny 3 Grants now in being containing 49517 Acres in consideration of Services
use of by some of the Grantees or their Agents to make the incumbrances appear great tho we believe if they were duly enquired into they would be found considerable but that a great part of them might have been paid off by the preception of Profits before this time however we humbly conceive that at present they will be much more than discharged by the personal and other Forfeitures not before valued which we now humbly lay before your Honours 66. As we informed your Honours before soon after the Battel of the Boyne Commissioners under the Great Seal of Ireland were appointed who had power to seize and dispose of the forfeited Goods and Chattels to his Majesty's use these appointed Sub-Commissioners in the several Counties then in his Majesty's Possession who made returns of great quantities of Goods and Chattels which they valued at 13552 l. but at so moderate computations that every Horse was valued at twenty shillings every Cow or Ox at fifteen shillings Sheep at half a Crown a piece and other things proportionably So that it appears very probable to us that if the said goods had been disposed of to the best advantage they might have yielded between two and three hundred thousand pounds but before that could be done upon representation of the then Commissioners of the Revenue the Power of disposing by the said Commissioners of Forfeitures was superseded by a Letter from his Majesty within nine days after the granting their Commission and placed in the Commissioners of the Revenue By this means so much time was lost before their Books and Goods seiz'd by the Sub-Commissioners could be transferred to the Officers of the Revenue that the greatest part of them were either embezeled by the Sub-Commissioners of Forfeitures or the Commissioners of the Revenue or else plundred by the Army at their return into Winter Quarters so that it does not appear to us that there was ever accounted for to his Majesty above the value of 44000 l. Besides these there were great quantities of other Goods in the Inquisitions which we do not find ever came to his Majesties use and many more were seized by private Men. Indeed the Plunder at that time was so general that some Men in considerable Employments were not free from it which seems to us a very great reason why this matter has not been more narrowly search't into particularly the Lord C-n-ngsby seized a great many Black Cattle to the number of Three Hundred or thereabouts besides Horses that were left in the Park after the Battle of the Boyne and which we do not find ever were accounted for to his Majesty he also seized all the Plate and Goods in the House of Sir Michael Creagh Lord Mayor of the City of Dublin for the year 1689 which are generally thought to amount to a great value but this last is said to be by Grant from his Majesty there were several Rich Goods and other Household-stuff delivered by the Commissioners of the Revenue to the then Lords Justices the Lord S-dn-y and Lord C-n-ngsby which we do not find were ever returned accounted for to his Majesty or left in the Castle at their departure from the Government 67. Farther there were several other quantities delivered by order of the Commissioners to Sir Charles Porter Major General Kirk and others which have not been returned and a great deal more by the General Officers of the Army which 't is said his Majesty has since discharged 68. If we may believe the general reports of the Country very many persons have made their advantages of these Forfeitures but the time was so distant the Proofs so difficult and withal the hopes of getting any part of them back again so remote that we rather chose to prosecute more material enquiries and therefore can give your Honours no farther information concerning them 69. But since the values of the before mentioned Goods and Chattels are so uncertain we make no estimate of them but will proceed to take notice of some debts due by Judgment and Statute and a few Mortgages due to forfeiting Persons not restored which amount to 120013 l. 13 s. 10 d. as appears in a Book delivered in with this Report N. 8. 70. And here it may be observed that these Debts are liable to all the objections made against the Incumbrances before mentioned only with this difference that as the Incumbrances may be presumed to be in a great measure satisfied by the preception of Profits the Creditors being many of them in Possession by her late Majesties Letter in favour of Protestant Creditors or at least that the full Interest has been paid out of the Rents So in the other the full Penalty is due no Interest appearing to be paid since the Forfeiture and therefore we humbly conceive may be taken as so much in Discount against Incumbrances 71. And here we crave leave further to observe that almost all the said Judgments were found in the Court of Exchequer only and from a mistake of our Orders no return has been made from either of the Courts of Law by which means we believe many more Debts appearing upon Record to be due to Forfeiting Persons not restored may be omitted 72. There are yet to be computed 297 Houses in the City of Dublin 36 Houses in the City of Cork with 226 Houses Situate in the several Cities and Towns of this Kingdom together with 61 Mills 28 Fairs and Markets 72 Rectories and Tythes Chief-rents amounting to 283 l. per annum and six Ferries and Fisheries lying within the several Counties and Baronies of this Kingdom the Forfeitures of Persons not restored which we value in gross at 5000 l. and place here among the personal Forfeitures towards the discharge of Incumbrances and if we add the Debts due to Forfeiting Persons as we humbly conceive we shall fully discharge the Incumbrances aforesaid and if there were room to apprehend any deficience yet the Chattels real of persons comprehended within the Articles of Limerick which by the construction of the said Articles they were not to be restored to would fully as we apprehend make up any defect that might remain after the allowances aforesaid 73. It appeared to us by our observations in the Country that a great part of the Lands call'd unprofitable in the Survey except those in Kerry which we account as nothing are now profitable Acres and many of them as good Lands as any of the Kingdom and tho they are not comprehended within our valuations yet are in themselves considerable 74. We have computed the forfeited Estates according to the present value and the current price of Coin here were they now to be set without any regard to beneficial Leases made before the Forfeitures and because we found it impossible either to come to a reasonable knowledg of the number of them and which are real and fraudulently set up we think it most proper to make a general allowance for the same by way