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A37588 Anno regni Caroli regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, decimo septimo at the Parliament begun at Westminster the third day of November, anno Dom. 1640 ... : an act for the speedie and effectuall reducing of the rebells in His Majesties kingdom of Ireland to their due obedience to His Majestie and the Crown of England. England and Wales. 1641 (1641) Wing E1127; ESTC R41133 9,354 15

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HONI SOIT QVI MAL Y PENSE ANNO REGNI CAROLI REGIS ANGLIae SCOTIae FRANCIae HIBERNIae DECIMO SEPTIMO At the Parliament begun at Westminster the third day of November Anno Dom. 1640. In the 16. yeer of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL 1641. Cum Privilegio C R HONI SOIT QVI MAL Y PEN DIEV ET MON DROIT ❧ ANNO XVII Caroli Regis ¶ An Act for the speedie and effectuall reducing of the Rebells in His Majesties Kingdom of Ireland to their due obedience to His Majestie and the Crown of England WHereas the Lords and Commons taking into their serious considerations as well the necessity of a speedie reducing of the Rebells of Ireland to their due obedience as also the great sums of money that the Commons of this Realm have of late paid for the publike and necessary affairs of this Kingdom whereof the Lords and Commons are very sensible and desirous to imbrace all good and honourable wayes tending to His Majesties greatnesse and profit the setling of that Realm and the ease of His Majesties Subjects of England And whereas divers worthy and well-affected persons perceiving that many Millions of Acres of the Rebells Lands of that Kingdom which go under the name of profitable Lands will be confiscate and to be disposed of And that in case two Millions and a half of those Acres to be equally taken out of the four Provinces of that Kingdom may be allotted for the satisfaction of such persons as shall disburse any sums of money for the reducing of the Rebells there would effectually accomplish the same have made these Propositions ensuing viz. 1. That two Millions and an half of those Acres may be assigned allotted and divided amongst them after this proportion viz. For each Adventure of two hundred pounds one thousand Acres in Ulster For three hundred pounds one thousand Acres in Conaght For four hundred and fifty pounds one thousand Acres in Munster For six hundred pounds one thousand Acres in Leinster All according to the English measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above these two Millions and a half of Acres to be holden in free and common Soccage of the King as of His Castle of Dublin 2. That out of these two Millions and a half of Acres a constant yeerly rent shall be reserved to the Crown of England after this proportion viz. out of each Acre thereof in Ulster one penie Out of each Acre in Conaght three half pence Out of each Acre in Munster two pence farthing And out of each Acre in Leinster three pence whereby His Majesties Revenue out of those Lands will be much improved besides the advantages that he will have by the coming to his hands of all other the Lands of the Robells and their personall Estates without any charge unto His Majestie 3 That for the erecting of Mannors setling of Wasts and Commons maintaining of preaching Ministers Creating of Corporations and Regulating of the severall plantations one or more Commissions be hereafter graunted by authoritie of Parliament 4 That Moneys for this great occasion may be the more speedily advanced All the Vndertakers in the Citie of London and within twentie miles distant thereof shall underwrite their severall sums before the twentieth day of March one thousand six hundred fourtie one and all within sixtie miles of London before the first day of Aprill one thousand six hundred fourtie two and the rest of the Kingdom before the first day of May one thousand six hundred fourtie two 5 That the severall sums to be underwritten shall be paid in at four paiments viz. One fourth part within ten dayes after such underwriting and the other three parts at three Moneths and three Moneths all to be paid into the Chamber of London 6 That for the better securing of the said severall sums accordingly every one that doth so Vnderwrite shall at the time of his Subscription pay down the twentieth part of the totall sum that shall be by him then underwritten And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten dayes before limited then such party shall not onely forfeit the twentieth part of the sum totall formerly deposited but so much more of his first fourth payment to be added thereunto as shall make up the one Moyetie of the said fi●●t payment And if the same person shall fail in any other of the three paiments he shall then forfeit his entire first fourth part and all the benefit of his Subscription which forfeiture shall accrue to the common benefit of the rest of the underwriters And whereas aswell our Soveraign Lord the King as the Lords and Commons have approved of the said Propositions and assented that the said Propositions and all other things necessarily conducing thereunto shall be ratifyed and confirmed by authoritie of Parliament Be it therefore Enacted by Our Soveraign Lord the King with the assent of the Lords and Commons in this present Parliament assembled and by authoritie of the same That all and every of the said Propositions and every clause therein contained are and shall be according to the tenour and purport thereof hereby ratified established and confirmed with such explanations alterations and additions as in this Act are exprest And be it further Enacted That all and every person and persons which upon the three and twentieth day of October in the yeer one thousand six hundred fourtie one or at any time after shall be in Rebellion or levie war against the Kings Majestie within His Realm of Ireland or shall willingly aid assist or countenance any person or persons in Rebellion against the Kings Majestie shall lose and forfeit unto the Kings Majestie His Heires and Successors all such right title interest use and possession which they or any of them or any other person or persons in trust for them or any of them on the said three and twentieth day of October or at any time after shall have of in or unto any Honours Castles Mannors Messuages Lands Tenements Rents Annuities Reversions Remainders Vses Possessions Offices Rights Conditions or any other Hereditaments of what name nature or qualitie soever they be and that all such right title interest use and possession which they or any of them or any other person or persons in trust for them or any of them on the said three and twentieth day of October or at any time after shall have or of right ought to have of in or to the same Honours Castles Mannors Messuages Lands Tenements Rents Annuities Reversions Remainders Vses Possessions Offices Rights Conditions or any other Hereditaments shall
and seisin of all the said lands with all things thereunto belonging mentioned in his said Lot and that he shall may forthwith after his Lot so drawn as aforesaid enter upon have and enjoy to him and his heires all and singular the Meadow Arable profitable Pasture Woods Bogs Loughes Waters Fishings and barren Mountains together with the Houses and Edifices thereupon and in his said Lot contained with all Easements and Commodities thereunto belonging And be it further Enacted by the authority aforesaid That all and every person and persons which within three moneths after the allotment so to be made as aforesaid shall have one thousand Acres or more of the said two millions half of Acres lying together in the Province of Leinster or two thousand Acres or more lying together in the Province of Conaght or one thousand five hundred Acres or more lying together in the Province of Munster or three thousand Acres or more lying together in the Province of Ulster shall have power by vertue of this Act for every such thousand two thousand fifteen hundred and three thousand Acres to create a Mannor within the limits of the said lands respectively and to reserve tenures to hold of himself and his heirs as of his said Mannor or Mannors at his will and pleasure And that every such person shall have a Court Leete and Court Baron and shall have full power to hold a Court Leete and Court Baron within the Precincts of every such Mannor and to enjoy all such Royalties Franchises Fines and Amerciaments Suites Services and Immunities as to view of Franke pledge or Court Baron is usuall and belonging And also within each respective Mannors to have and enjoy as aforesaid all Deodands Felons goods and goods of Felons of themselves together with all Wayfes and Strayes And be it further enacted by the authority aforesaid That no part of the monie which shall be paid in according to this Act shall be imploied to any other purpose then the reducing of the said Rebels untill the said Rebels shall be declared to be subdued by the said Lords and Commons as aforesaid And that the said monies shall be imploied for the speedie and effectuall subduing of the said Rebels by sending over into the said Realme of Ireland and disposing there such forces of Foot and Horse Monies Ammunition Victuall and all other things necessary to a warre in such manner as the said Lords and Commons in Parliament shall from time to time direct and the overplus of the said money if any shall be to be disposed as the said Lords and Commons shall likewise direct And be it likewise enacted by the authority aforesaid That Plantations shall be regulated Corporations created Churches erected and Preaching Ministers maintained within the Limits and Precincts of the Lands so to be divided in such manner as by Commissioners to be nominated and directed by the said Lords and Commons in Parliament shall be ordered and provided And it is further enacted That the Lord Chancellour or Lord Keeper of the Great Seal of England for the time being shall upon direction to him given by the said Lords and Commons in Parliament issue out one or more Commissions for this purpose directed to such persons and in such manner as the said Lords and Commons in Parliament shall order and appoint And for the further encouraging and securing of all such persons as shall pay any sum of money towards the perfecting of this great Work Be it likewise enacted by the authority aforesaid That all Patents which shall be granted of any of the said Rebells goods or Lands or of any goods or Lands forfeited by vertue of this Act and all Pardons which shall be granted to any of the said Rebells before attainder after the three and twentieth of October one thousand six hundred fourty and one without the assent of the said Lords and Commons in Parliament shall be adjudged void and of none effect And be it further enacted by the authority aforesaid That the Commissioners authorised by this Act to set forth the underwriters Lands as aforesaid shall fourty dayes before they set forth the same or any part thereof cause Proclamations to be made by vertue of this Act in every Countie of the said Kingdom of Ireland to this effect viz That every person which had any right title or interest the three and twentieth of October one thousand six hundred fourty one in or out of any of the said Rebells Lands or the Lands forfeited by this Act lying within the Countie where any such Proclamation shall be made shall enter his claim to the same upon record in His Majesties Court of Chancery in the said Kingdom of Ireland within twenty dayes after the said Proclamation so made in the said Countie And be it further enacted by the authority aforesaid That every person which after the first day of March one thousand six hundred and fourty shall make enter into or take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realm of Ireland the authority of the Sea of Rome in any case whatsoever or to maintain or defend the same shall by vertue of this Act forfeit to His Majestie His Heirs and Successours all his Lands Tenements and Hereditaments entailed or not entailed Goods and Chattels which he had or shall have in his own name or any other person or persons had or shall have in trust for him at the time of the making entring into or taking any such Compact Bond Covenant Oath Promise or Agreement other then such Lands Tenements Hereditaments Goods and Chattells as shall be bona fide and for valuable consideration sold before the said three and twentieth of October one thousand six hundred fourty one And further be it enacted by the Authority aforesaid That if any person since the three and twentieth day of October one thousand six hundred fourty one be or hereafter shal be in Rebellion within the said Kingdom of Ireland and be dead or shall die before attaindor or pardon for the same All the Lands Tenements and Hereditaments Estate or Estates Goods or Chattells which such person had or shall have or any other person had or shall have in trust for or to his use the said three and twentieth of October or at any time thereafter shall be by vertue of this Act forfeited to His Majestie His Heirs and Successours and shall be adjudged to be in the actuall seisin and possession of the King His Heirs and Successours by vertue of this Act. And further be it enacted by the Authority aforesaid That all Lands Tenements and Hereditaments whereof any person in the said Kingdom of Ireland was seised the three and twentieth of October one thousand six hundred fourty one or at any time after shall be seised of any Estate tail or whereof any other person or persons shall be seised in trust for him for any trust of inheritance who shall be
attainted of high treason in his life time or being in actuall Rebellion shall die before he be attainted or pardoned for the same or who shall make enter into or take any such Compact Bond Covenant Oath Promise or Agreement to such purpose as aforesaid shall by vertue of this Act be and adjudged to be in the actuall seisin and possession of the King His Heirs and Successours And be it further enacted by the Authority aforesaid That if any person or persons whatsoever that at any time hereafter shall be attainted for Treason or shall die in actuall Rebellion before attaindor or pardon of the same or hath or shall take enter into or make any such Compact Bond Covenant Oath Promise or Agreement as aforesaid shall after the first day of March one thousand six hundred and fourty make or hath made any Conveyance or Assurance whatsoever of any Mannors Lands Tenements or Hereditaments in the Kingdom of Ireland unto or for his own use or unto or for the use of his wife or any of his children or in trust for himself his wife or any of his children That then all the Vses Estates and Trusts so limited other then such as are or shall bona fide be made before his her or their marriage or made in performance of any Covenant in writing made before marriage unto or for the use of his wife or children shall be forfeired unto His Majestie His Heirs and Successours and shall be adjudged to be by vertue of this Act in the actuall possession of the King His Heirs and Successours And be it further enacted by the Authority aforesaid in regard a great part of the time presixed in the said Propositions for the subscriptions of the said Vnderwriters is already elapsed that every one of the Kings Subjects of the Realms of England Scotland or Ireland that shall underwrite within this Kingdom the summe of ten pounds or more for the purpose aforesaid before the first day of May one thousand six hundred fourty two and before the said Million of Money be underwritten and shall pay in one moiety thereof to the respective Receivers before nominated in this Act at the time of such subscription and shall pay in the other moiety residue thereof to the said Receivers within six Moneths after such subscription and every one of the Kings Subjects of the Realms of England Scotland and Ireland that shall underwrite the summe of six pounds or more within the Realm of Ireland for the purpose aforesaid in one or more Books to be kept for that purpose by the Treasurer of the Armie there for the time being who is authorized and required hereby to keep such Book or Books and to enter the names of such Vnderwriters and the time of such subscriptions together with the summes subscribed before the first day of July one thousand six hundred fourty two and before the said Million of Money shall be underwritten and shall at the time of such subscription pay one moietie of such summe so to be underwritten to the said Treasurer for the time being who is hereby likewise authorised to receive all such sums of Money and give Receipts for the same under his hand and shall pay to the said Treasurer the other moietie residue within six moneths after such subscription every person so underwriting in this Realm or in the Realm of Ireland as aforesaid shall have a proportionable share of the said Rebells Lands and of other Lands to be forfeited by this Act according to the sum to be under-written and paid in as aforesaid and as if such person had underwritten within the times mentioned in the said Propositions and had paid in his money accordingly And for the better advancing of a speedie Plantation within that Kingdom which will soon redound to the great increase of His Majesties Customes and Revenues there Be it further enacted by the Authoritie aforesaid That every person which shall have any part of the said lands so to be divided and allotted as aforesaid shall and may export out of this Kingdom or Dominion of Wales any Horses Mares Cattell Sheep or other goods for the planting improving and stocking of the said lands or any part thereof at any time during the space of two yeers to be accounted from such division and allotment to be made as aforesaid without paying any Custome Subsidie or Impost for the same Neverthelesse upon sufficient securitie given to the Farmers or Collectors of His Majesties Customes for the time being or to any one of them that the said Horses Mares Cattell Sheep and goods so to be exported shall be bona fide imployed for the planting improving and stocking of the said lands or of some part thereof and not to be imployed to any other purpose Saving to all and singular persons bodies Politique and Corporate their Heirs and Successors and the Heirs and Successors of every of them other then the said Rebels their Aiders Abettors Comforters and Maintainers and other persons whose lands are or shall be forfeited by this Act and every of them their and every of their Heirs and Assignes and all and every person or persons clayming by from or under them or any of them or to their or any of their use or uses or in trust for them or any of them since the said three and twentieth day of October all such Right Title Interest Possession Reversion Remainder Offices Annuities Rents and Commons which they or any of them had or ought to have had in to or out of any the said Houses Mannors Castles Lands Tenements Hereditaments or Premisses forfeited by this Act or any of them the three and twentieth day of October in the yeer of our Lord God one thousand six hundred fortie one so as every such person or persons bodies Politique or Corporate whose right or interest is saved by this Act their Heirs or Successors do make or enter or cause to be entred his or their claim to any such right title or interest in His Majesties Court of Chancerie in Ireland within twentie dayes after such Proclamation made as aforesaid