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
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-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
Bodies Politick or Corporate to whom such Certificate shall be given shall during the Space of six Months next insuing the Date thereof diligently prosecute the having and obtaining Letters Patents accordingly but shall thereof be delayed and hindered by the Neglect of any Officer or Officers that then and in such Case the several and respective Persons Bodies Politick and Corporate to whom and in whose behalf such Certificate shall be given or granted shall hold and enjoy the several Mesâ—uages Mannors Lands Tenements and Hereditaments in the several and respective Certificates mentioned and allotted according to such Estate and under such Rent as are therein mentioned as fully and amply to all Intents and Purposes as if Letters Patents thereof had been granted and perfected according to the Directions in the said former Act any thing in this or the said former Act or any other Law Statute or Usage to the contrary notwithstanding And whereas by the Hardships and Oppressions introduced by the said Acts of Settlement and Explanation some ancient Proprietors who would have been restorable by the said Act of Repeal have been necessitated to accept of Leases for Life Lives or Years or Gifts in Tayl or other Conveyances of their own respective Estates and have contracted to pay some Rents Duties or other Reservations out of such their ancient Estates by which Acceptance of Leases or Gifts before-mentioned and by the said Agreements to pay Rents Duties or Reservations for the same the said ancient Proprietors may be barred or stopp'd and concluded from the Benefit of Restitution intended for ancient Proprietors by the said Act of Repeal Be it therefore enacted That the Acceptance of any such Lease or Leases Gift or Gifts in Tayl or any Agreement or Agreements upon any such Account for Payment of Rents Duties or any other Reservation for such their respective ancient Estate or Estates shall be no way prejudicial or binding or conclusive to any such ancient Proprietor or to his or their Heirs Executors or Administrators who have not actually by some legal ways or means released his or their Right to his or their said ancient Estates unto their said Leassors or Donors any thing herein or in the said Act of Repeal to the contrary notwithstanding Whereas some or most of the Lands to be given in Reprizals have not been surveyed by the Surveys commonly called the Down-Survey or Strafford-Survey and that a certain way is necessary to be prescribed for ascertaining the Quit-Rents now made payable thereout Be it therefore enacted by the Authority aforesaid That the Commissioners for the Execution of the said Act of Repeal or any three of them shall and may be impowered to ascertain such Quantities payable out of such Lands so to be given in Reprize and to that Purpose to issue Commissions for Valuations or Surveâ—s as they shall think fit and that such Surveys shall be made according to the Rules and Methods used for the Down-Survey wherein the unprofitable is to be thrown in with the profitable and where the Lands appear barren or the Quit-Rents by the said Act of Repeal proper or fit to be reduced it shall and may be lawful for them to reduce the same in which Case such reduced or reserved Quit-Rents shall be and is hereby the only Quit-Rent payable out of the said Lands if such Quit-Rents be more than the crown-Crown-Rents before this Act payable out of the said Lands But in case the ancient Crown-Rent be more the greater Rent shall be the Rent reserved thereout Provided yet likewise that the Commissioners for the Execution of the said Act of Repeal or in Default of them the Barons of their Majesties Court of Exchequer within five Years after the first sitting of the Commissioners for the Execution of the said Act shall be and are hereby impowered to reduce the Quit-Rents by the said Act due and payable out of Lands by the said Act of Repeal to be restored or formerly restored to the former Proprietors thereof where the Lands are barren or of so small Value that the Quit-Rent doth amount to the fourth part of the Value of the Lands and may be Discouragement to the Plantation of the said Lands and that such ascertaining or abating of Quit-Rents under the Hands and Seals of the said Commissioners or Barons respectively shall be as good and effectual as if the same had been enacted by these Presents any thing herein or in the said Acts of Repeal contained to the contrary notwithstanding And be it further enacted That the Commissioners to be appointed for setling forth Reprizals pursuant to the said Act of Repeal or any three of them shall out of the Stock of Reprizals therein and in this present Act or in either of them mentioned set forth and allot Reprizals to such Person and Persons as by Virtue of this present Act are appointed to be reprized and shall and may also execute such other parts of this Act as are to be executed by Commissioners And whereas divers Lands Tenements and Hereditaments forfeited unto and vested in your Majesty are or may be found to be liable to divers Debts or other entire Payments saved by this Act and for levying and receiving the same the Person or Persons intitled thereunto might charge any part of the Lands Tenements or Hereditaments originally liable to the said Debts or Payments with more than a just Proportion thereof whereby some of the Persons to whom part of the said Lands Tenements or Hereditaments shall be allotted or granted in Reprizal may be overcharged in such Part or Proportion of the said Lands Tenements or Hereditaments as shall be so to him or them granted or allotted which may occasion great Prejudice and Loss to some of the said reprizable Persons if due Course be not taken for apportioning the said Debts and Payments For Remedy whereof Be it enacted by the Authority aforesaid That the Commissioners for Execution of the said Act of Repeal and this present Act or any three or more of them be and are hereby impowered and required equally to apportion such Debts and Payments as shall appear to them to be chargeable upon or levyable out of any Lands Tenements and Hereditaments to be set forth for Reprizals as aforesaid and to ascertain what Proportion of such Debts or Payments each and every Proportion of the Lands Tenements and Hereditaments which were originally liable thereunto and which shall be separately set forth for Reprizals as aforesaid shall remain liable to pay or discharge and the respective Grantees and every of them and their respective Proportions of the said Lands Tenements and Hereditaments to them allotted for Reprizals shall not be liable to any more of the said Debts or Payments than by the said Apportionment shall be appointed and directed which Proportion of the said Debts or Payments is to be inserted in the Certificate to be granted of the Lands liable thereunto if the Person or Persons obtaining such Certificate shall desire the
Legislative Power should be made use of to void this Mans Estate who perhaps was never in this Kingdom until after these Acts were Enacted and became Laws it will be the like Case with all Persons who upon the Marriage of their Children and considerable Marriage Portions paid and receiv'd have procured Settlements for Jointured Portions and Remainders for their Children and Grand Children And all these are to be laid aside without any Consideration of Law or Equity in the Case of the Purchasers or any misdemeanor or offence committed by them Whereby vast Numbers of your Majesties dutiful Subjects the present Proprietors and their Lessees and in very many Cases Widows Orphans Merchants and Traders will be at one stroke outed and removed from the possessions of their Lands and Improvements which in many places are more in value than the Township whereon they are made This with submission without some fraud decelt or default of the Purchaser never was and it is hoped never will be done by a People or Nation professing Christianity Nor is it for the Honour Welfare or Advantage of the King or Kingdom to have it so done What will strangers and our fellow-subjects of England and Scotland say We sold our Estates in England transported us and our Families into Ireland to purchase improve and plant there We acquired Lands under as secure Titles as Acts of Parliament the greatest known Security could make them Our Conveyances both by Deeds and matters of Record are allowed good firm and unquestionable by any Law in force at the time of the Purchase We have had the possession 10 12 or 15 years and are grown old upon them We have clearly drawn our Effects from England and settled here not doubting but our Posterity may be so likewise We have purchased Annuities and Rent Charges out of Lands under the same Securities And now the Old Proprietors though many of them had Satisfaction in Connaught would fain have a new Law to dispossess us of our Estates and Improvements made as aforesaid It will not be believed that the chief of those who drew on this Design should in Parliament and elsewhere which ought to consist of the gravest wisest and wealthiest Free-holders of the Kingdom for such the Law presumes them make a noise with that good and wholsome advice Caveat emptor in this Case or can think that Caveat is proper here The Purchaser ought to be wary of any Flaw in the Title at the time of the Purchase made and purchases at his peril if any such there be But who is that Purchaser that must beware of a Law to be made 20 30 or 40 years after his Purchase or to destroy his Security for Money lent or Settlement upon Marriage this is not a desect in the Title but under favour is a President which no humane foresight can prevent and if once introduced no Purchaser could ever be safe the worst of Lotteries affording a securer way of dealing than Ireland would Can it be your Majesties Honour or Advantage to have thousands of Families ruined by such a Proceeding as this is What will become of our Credit and consequently of our Trade abroad Where will be the Reputation and publick Faith and Security of the Kingdom when Foreign Merchants shall know from their Correspondents here that they cannot comply with their Engagements to them their Estates Houses and Improvements both in Countrey and City which they had acquired for great and valuable Consideration and within the Securities of the Laws are taken from them by a Law made yesterday in case this Bill should pass So that in Effect we are not only contriving to break and ruine our own Trades and Merchants at home but even those in Foreign parts which will infallibly destroy your Majesties Revenue and sink that of every Subject Surely these Particulars and the Consequences of them are worth more then two or three days consideration which is as much as this Bill could have since the Parliament was not open'd till the 7th of this Month The very Report of what is designed by this Bill hath already from the most improved and improving Spot of Earth in Europe From stately Herds and Flocks From plenty of Money at 7 or 8 per Cent. whereby Trade and Industry were encouraged and all upon the Security of those Acts of Parliament From great and convenient Buildings newly erected in Cities and other Corporations to that degree that even the City of Dublin is ruined The passing of these Acts and the securities and quiet promised from them inlarged double what it was That the Shipping in divers Ports were 5 or 6 times more than ever was known before to the vast increase of your Majesties Revenue reduced to the saddest and most disconsolate condition of any Kingdom or Countrey in Europe Infinite numbers of the Inhabitants having transported themselves and Families with what remained unfixed in Purchases and Improvements and was portable of their Estates into other Kingdoms that very many of the Buildings both new and old in this City and in the very Heart and Trading Part of it are uninhabited and waste It is grievous to see as you pass through the City the Houses and Shops shut up The Herds and Flocks in the Countrey are utterly destroyed So that of necessity the Tenant must break throw up his Lease leave the Key under the Door and the Lands become waste and from hence will necessarily follow that the Farm-houses and Improvements must go to decay and Beef Tallow Hides Wooll and Butter from whence arise the Wealth of the Countrey will fail us What is become of the frequent Declarations made by the Earl of Clarendon and the Earl now Duke of Tyrconnel of your Majesties fix'd Resolutions never to lay aside the Acts of Settlement and Explanation Why did the Judges in their several Circuits declare in all places where they sate unto the Countries there assembled that your Majesty was resolved to preserve the Acts of Settlement and Explanation and that they were appointed by the then Chief Governour here to declare the same unto them from whence they took confidence to proceed in their Purchases and Improvements and with submission be it spoken if this Bill pass are deluded Shall Patents on the Commission of Grace signify nothing The Great Seal of England tells them they may proceed upon the publick Faith and here again they become Purchasers paying considerable Fines to the King to whom Rents were reserved where none were due before and many places the Rent increased as in case of Fairs and Markets granted together with the Lands on them Patents of Liberties of Free Warren and to enclose and empale for Park surely some consideration ought to be had of those whose money was paid on this account It would be farther considered That your Majesty before your access to the Crown had passed several Lands and Tenements in this Kingdom in Certificate and Patent pursuant to these Acts of
best it was left to the discretion of a Dragoon what he would count a Serviceable Horse and what he would do with them when he had taken them so that of 10000 Horses at least that were taken from the Protestants at that time the King received not 100 nor had he one Troop raised out of them but whoever could get a Horse whether he were Officer or Soldier from a Protestant went away with it and converted it to his private use of which the Lord Deputy complains in a Proclamation dated March the 1st 1688 but this Proclamation though dated the 1st of March was not published till the 12th the reason of the delay was this the Proclamation ordered Horses that were not fit for Service to be restored and if it had come out according to the date thereof many Protestants that knew in whose Hands their Horses were would have claimed them To defeat them therefore some that had interest with the Deputy got the Proclamation delayed till those that took them might have time to convey them far enough from being found And this was their usual Method they first did the mischief they intended to the Protestants and then they published some antedated Proclamation forbidding it to be done and sometimes when a Proclamation came out before they had gone through with what they intended they denyed to be concluded by it alledging it came out surreptitiously as it happened in this very case of Searching for Arms. 19. Now Arms are the Hedges that secure and preserve our Goods and Lives especially in a Conquered Country such as Ireland is and it was but reason that the Law did allow none but Protestants to have them though they never hindred any Man from arming himself so far as was necessary for his own Defence When therefore they saw the keeping of Arms was made penal to them in the highest degree King James's Proclamation having made it Treason and Rebellion as I shewed before and some would needs perswade them it was really so to which opinion the Lord Chief Justice inclined when he gave charge to the Jury concerning one Wolf who was indicted for keeping some Arms and fined for it as a Misdemeanor when I say they saw that which the Law required them to do made so highly criminal for the Law requires every Freeman of Dublin to keep Arms and those Arms put into the Hands of Tories and Ruffians who had already robb'd them of a great part of their Substance had they not reason to believe that they were disarm'd purposely that they might be the more easily Robb'd or Massacred and that it was as easy for a Government that in one day disarmed them through the whole Kingdom against Reason Law and Justice to find a pretence at another time to take away their Lives they could neither doubt their inclinations nor question their ability to do it If one should tye a Mans Hands and turn him naked amongst Wild Beasts all the World would believe he designed they should devour him and sure we had reason to suppose the same of our Governours and they that treated us thus without provocation and against the Laws could not expect that we should be unwilling to change our Masters if a fair opportunity offered By the Law we have as much property in our Arms and Horses that we buy with our Mony and in a conquered Country such as Ireland is where every Forty Years we constantly have had a Rebellion they are as necessary for us as our Cloathes or Estates which indeed can signify nothing without them And the King might as justly pretend that he had occasion for them and take them from us without consideration as our Horses and Arms the oppression to us in our circumstances was really equal 20. It may perhaps be imagined by those who are Strangers to our Affairs that we had abused our Arms to oppress and wrong our Neighbours or to oppose the King and therefore deserv'd to lose them but it is observable that it doth not appear that any one Protestant in Ireland before this Disarming had used his Arms to injure any R. C. nor did they hurt any that was not either actually robbing them of their Goods or assaulting their Persons no not in the North where they refused to give up their Arms they kept even there on the defensive and offended no Man but when first Assaulted So that there was not the least reason or colour to disarm us except that we might be Plundered and Robb'd without being able to make resistance Our crime for which we lost our Arms for which we were exposed naked to our Enemies and for which the best Gentlemen in the Kingdom were obliged to walk without a Sword was because they suspected that we would not otherwise tamely part with our Goods or suffer our selves to be abused and affronted in the Streets by every Ruffian which was the condition of the best amongst us 21. 'T is true King James could not carry on a War for the advancement of Popery without our Goods and he could not be secure of them whilst we had Arms but I hope all the World is convinced that it was not our Counsels nor Actings that brought him to these Straits nor was it to be expected that we should be content to be undone to repair the errors and faults of those Wicked Counsellors who put him on those desperate courses which lost him his Crown All our crime is then that we could not be content to be undone with him and by him and rather chose to desire Protection Liberty and the restitution of our Priviledges and Arms from their present Majesties than to be in the condition of the Vilest of Slaves under King James a crime for which I am confident no Papist condemns us in his Conscience however he may rail at us and call us disloyal SECT IX The attempts made on the Personal Estates of Protestants before the Revolution in England 1. THe Earl of Tyrconnel when made Deputy of Ireland found the Riches of the Kingdom in the Hands of Protestants the Flocks the Herds the rich Houshold-Stuff and Plate Beneficial Leases improved Rents Trade and Mony were almost intirely theirs whereas the Papists by their Idleness Ignorance and numerous Begging Clergy were so low in their Fortunes that they were in no condition to raise or maintain such an Army as was necessary to carry on his Designs in this Kingdom and he was sure the Protestants that had the Riches would not contribute to support them He therefore applied himself with all art and industry to impoverish them He did what he could as I have already shew'd to destroy their Trade he put all the hardships imaginable on Protestant Tenants that they might not be able to pay their Rents and he encouraged the Popish Tenants to oppose their Landlords It was whispered amongst them that they need not pay their Rents for the Land in a little time would be their own
George of Athlone and John Gardner of Tulsk Gent. all in the County of Roscomon Thomas Jones of Armurry in the County of Mayo Gent. Hunry Gun of .... Clerk Francis Cuffe of Ballinrobe Esq Henry Nicholson of Dromneene Gent. William Pullen of Ballinrobe Clerk and all in the County of Mayo Thomas Osborne of ...... in the County of Leytrim Gent. Thomas Buckridge of ....... Gent. Thomas Coote of ....... Esq Charles Campell of ...... Esq Benjamin Fletcher of James-town Esq and Dr. John Lessley all late of the County of Leytrim Have absented themselves from this Kingdom and have gone into England or some other Places beyond the Seas since the Fifth day of November last or in some short Time before and did not return although called Home by your Majesties gracious Proclamation Which absenting and not returning cannot be construed otherwise than to a wicked and traiterous Purpose and may thereby justly forfeit All their Right and Pretentions to all and every the Lands Tenements and Hereditamentsto them belonging in this Kingdom Be it therefore enacted by the Authority aforesaid That in case the said Person and Persons do not by the First day of September One thousand six hundred eighty and nine of his or their own accord without Compulsion return into this Kingdom and tender him and themselves to the Chief Justice of his Majesties Court of King's-Bench or to some other Judg of the said Court or Judg of Assize in the Circuit or any of the Lords of your Majesty's most Honourable Privy-Council to be charged with any Crimes to him or them to be imputed that then or in case he or they upon such his or their Return shall be Convicted 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 High-Treason as aforesaid shall from and after the First day of September One thousand six hundred eighty nine be deemed reputed and taken as Traitors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason are accustomed But in case such Person and Persons so returning be upon such his or their Trial acquitted or discharged by Proclamation then such Person and Persons respectively shall from thenceforth 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 And whereas the several Persons hereafter named viz. Robert Ridgway Earl of Londonderry Arthur Loftus Viscount Loftus of Ely .... Beamount Viscount Beamount of Swords ..... Chaworth Viscount Chaworth of Armagh .... Fairfax Viscount Fairfax of Emly ..... Tracy Viscount Tracy of Rathcoole ..... Ogle Viscount Ogle of Catherlogh Lewis Trevor Viscount Dungannon Folliott Lord Folliott of Ballyshannon George Lord George of Dundalk ..... Fitz-Williams Lord Fitz-Williams of Lifford .... Hare Lord Colerain Richard Lord Baron of Santery Antham Annesly Lord Baron of Altham Lawrence Barry commonly called Lord Battevant John Power commonly called Lord Deces Sir Standish Hartstonge of Broffe Kt. Sir Walter Plunket of Rathbeale Kt. Sir William Meredith of Kilriske Kt. Sir John Parker of Farmyle Kt. Sir Richard Stephens of Rosse Kt. Sir Maurice Eustace of Baltinglass Kt. Sir St. John Broderick of Ballyannon Kt. Sir Michael Cole of Enniskilling Kt. Sir Charles Chiney Kt. Sir Charles Lloyd Kt. Sir Algernon Mayo of Rogers-town Kt. Sir Richard May Kt. Sir Joseph VVilliamson Kt. Sir William Barker of Abbeykillcooly Kt. Christopher Usher of the City of Dublin Esq Richard Leeds Merchant Maurice Kealing Esq Dr. .... Dominick Dr. .... Dunne Capt. John Quelsh of St. Stephens Green William Bazil Esq Thomas Howard Clerk to the Yeield Richard Nuttall Merchant Gideon Delane Gent. William Robinson Esq Richard Barry Gent. Capt. William Shaw and Philip Harris Esq all late of the City of Dublin John Bulkely of Old-Bawne in the County of Dublin Gent. Robert Boridges of Finglass Esq Alexander Frazier of Meagstown Esq Edward Bolton of Brazille Gent. Humphrey Booth of Ballyhack Gent. Edmond Keating of Corballis Esq Chambre Brabazon of Thomas-Court Esq Dacre Barrett of Cripple-stown Esq Arch-Deacon John Fitz-Gerrald Richard Bolton Esq William Barry of Sautery Gent. and Martin Bazill of Donicarney Gent. all late of the County of Dublin James Barry of Kelleystown in the County of Kildare Gent. Thomas Holmes of Castledermott Gent. Cornet Richard Wybrants of Bunchestown Maurice Keating of Norraghmore Esq Garrett Wesly of Old-Connel Esq Richard Mereeith of Shrewland Esq Samuel Syng Dean of Kildare and Christopher Lovett of Nourny Gent. all late of the County of Kildare Richard Boyle of Old-Leighlin in the County of Caterlogh Esq John Hollam of Island in the King's-County Gent. Joseph Hawkins Gent. Samuel Hawkins Gent. Arthur Shane Esq Son to Sir James Shane Henry Westenray Esq Martin Baldwin of Geshell Esq all late of the King's County George Bridges of Burrows in the Queen's County Esq Richard Pryor of Rathdowny Gent. Francis Barrington of Cullenagh .... Daniel of Ironworks Gent. Brooke Bridges of Kilmensy Gent. Charles Vaughan of Derringvarnoge Gent. Hugh Merrick Gent. Nathaniel Huett Gent. Robert Hedges of Borres Esq and Richard Warburton of Garryhinch Esq all late of the Queen's County Capt. Nicholas Sankey of Caldraghmore in the County of Longford Robert Viner of Killmure in the County of Meath Esq John Humpheries of Hollywood Gent. Dr. Robert Gorge late of Killbrew William Napper of Loghcrew Esq and Anthony Nixon of Oâ—chestone Gent. all late of the County of Meath James Stopford of Castletown in the County of West-Meath Gent. John Adams of Ledwitchtown Gent. Thomas Cooper late of Conmistown Gent. Richard Stephens of Athlone Gent. George Farmer of Rathnemodagh Gent. and John Meares of Mearescourt Gent. all late of the County of West-Meath Moses Bush of Kilfane in the County of Kilkenny Gent. John Bush of the same Gent. William Harrison of Grenane Gent. Zachary Cornick of Kilkenny Merchant Edward Stubbers of Callan Esq Hierom Hawkins of Killmuskulloge Gent. Joseph Bradshaw of Foulkesrath Gent. and Henry Ryder Prebendary of Mayne all of the County of Kilkenny Richard Rooth of .... in the County of Wexford Gent. Husband to the Countess Dowager of Donnegall John Bulkeley of Ballymorroghroe in the County of Wicklow Gent. John Humphery of Dunard Gent. Christopher Usher of Grange Esq Henry Whitfield of Portballintagart Esq William Robinson of Wicklow Gent. John Vice of the same Gent. Robert Peppard of the same Esq and Lawrence Hutson of Coolekennagh Gent. all late of the County of Wicklow Timothy Armitage of Atherdee in the County of Lowth Gent. Major John Reade of Ballorgan Robert Smith of Dromcashel Gent. Brabazon Moore of Atherdee Gent. and Thomas Bellingham of Garnanstown Esq all late of the County of Lowth Thomas Willis of Drogheda Gent.
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
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
Fitzgerald Esquires Bur. Trim. Captain Nicholas Cusack Walter Nangle Esquire Bur. of Navan Christoph. Cusack of Corballis Esquires Christ. Cusack of Ratholdran Esquires Bur. Athboy John Trinder Esquires Robert Longfield Esquires Duleek Kells Com. Monoghan Bryan Mac Mahon Esquires 9 th July 1689 Hugh Mac Mahon Esquires 9 th July 1689 Town of Monoghan Com. Fermanagh Enniskillen Queens County Sir Patrick Trant Knight Edmond Morris Esq Bur. Maryborough Peirce Bryan Esquires Thady Fitz Patrick Esquires Bur. Ballinkill Sir Gregory Bourne Baronet Oliver Grace Esquire Port Arlington Sir Henry Bond Baronet Sir Thomas Hacket Knight Com. Roscommon Charles Kelly Esquire John Bourk Bur. Roscommon John Dilton Esquires John Kelly Esquires Bur. Boyle John King Captain Terence Mac Dermot Alder. 6th May 1689. Tulske Com. Sligoe Henry Crofton Esquires Oliver O Gara Esquires Bur. Sligoe Terence Mac Donogh Esquires 8th May 1689. James French Esquires 8th May 1689. Com. Tipperary Nicholas Purcell of Loghmore Esquires James Butler of Grangebeg Esquires City of Cashell Dennis Kearney Aldermen James Hacket Aldermen Bur. Clonmell Nicholas White Aldermen John Bray Aldermen Bur. Fethard Sir John Everard Baronet James Tobin of Fethard Esq Bur. Thurles Bur. Tipperary Com. Tyrone Coll. Gordon O Neile Esquires Lewis Doe of Dungannon Esquires Bur. Dungannon Arthur O Neil of Ballygawly Esquires Patr. Donenlly of Dungannon Esquires Bur. Strabane Christopher Nugent of Dublin Esquire Dan. O Donelly of the same Gent. 8th May 89. Clogher Augher Com. Waterford John Power Esquires Math. Hore Esquires Bur. Dungarvan John Hore Esquires 7th May 89. Martin Hore Esquires 7th May 89. City of Waterford John Porter Esquires Nicholas Fitzgerald Esquires Bur. Lismore Tallow Com. Wexford Walter Butler of Munfine Patrick Colclogh of Moulnirry Bur. Wexford William Talbot Esquire Francis Rooth Merchant Bur. New Rosse Luke Dormer Esquires Richard Butler Esquires Bur. Bannow Francis Plowden Esq Commis of the Revenue Dr. Alexius Stafford Bur. Newborough Abraham Strange of Tobberduff Esq Richard Daley of Kilcorky Gent. Bur. Eniscorthy James Devereux of Carrigmenan Esquires Dudley Colclough of Mougâ—ery Esquires Arther Waddington Esq by a new Election Bur. Taghmon George Hore of Polhore Esquires Walter Hore of Harpers-town Esquires Bur. Cloghmyne Edward Sherlock of Dublin Esquire Nicholas White of New Rosse Merchant Bur. Arklow Fytherd Coll. James Porter Capt. Nicholas Stafford Com. Wicklow Richard Butler Esquires William Talbot Esquires Bur. Caryesfort Hugh Byrne Esquire Peice Archbold Esq Upon whose default of Appearance Barth Polewheele Bur. Wicklow Francis Toole Esquires Thomas Byrne Esquires Bur. Blesington James Eustace Esq Maurice Eustace Gent. Baltinglass Com. Westmeath The Honorable Coll. William Nugent The Honorable Coll. Henry Dillon Bur. and Mannor of Mullingar Garret Dillon Esq Prime Sergeant Edmond Nugent of Garlans-town Esq Bur. Athlone Edmond Malone of Ballynehown Esq Edmond Malone Esq Councellor at Law Bur. Kilbeggan Bryan Geoghegan of Donore Esquires Charles Geoghenan of Syenan Esquires Bur. Fore John Nugent of Donore Esq Christoph. Nugent of Dardis town Esq Com. Londonderry City Londonderry Bur. Colerane Bur. Lamavudy No. 22. An Address to King James in Behalf of the Purchasers under the Act of Settlement by Judge Keating THis humble Representation made unto your Sacred Majesty is in the Behalf of many Thousands of your Majesties dutiful and obedient Subjects of all Degrees Sexes and Ages The Design and Intention of it is to prevent the Ruine and Desolation which a Bill now under Consideration in order to be made a Law will bring upon them and their Families in case your Majesty doth not interpose and by your Moderation and Justice protect them so far as the known Laws of the Kingdom and Equity and good Conscience will warrant and require It is in the Behalf of Purchasers who for great and valuable Considerations have acquired Lands and Tenements in this Kingdon by laying out not only their Portions and Provisions made for them by their Parents but also the whole Product of all their own Industry and the Labour of their Youth together with what could be saved by a frugal Management in order to make some certain Provision for Old Age and their Families in Purchasing Lands and Tenements under the Security of divers Acts of Parliament Publick Declarations from the late King And all these accompanied with a Possession of Twenty five Years Divine Providence hath appointed us our Dwelling in an Island and consequently we must Trade or live in Penury and at the mercy of our Neighbours This necessitates a Transmutation of Possessions by Purchase from one hand to another of Mortgaging and Pledging Lands for great and Considerable Sums of Money by charging them with Judgments and indeed gives Name to one of the greatest Securities made use of in this Kingdom Statutes Merchant and of the Staple and very many especially Widows and Orphans have their whose Estates and Portions secured by Mortgages Bond of the Staple and Judgments Where or when shall a Man Purchase in this Kingdom Under what Title or on what Security shall he lay out his Money or secure the Portions he designs for his Children If he may not do it under divers Acts of Parliament the solemn and reiterated Declarations of his Prince and a quiet and uncontroverted Possession of Twenty Years together And this is the Case of thousands of Families who are Purchasers under the Acts of Settlement and Explanation It were a hard task to justifie those Acts in every Particular contained in them I will not undertake it but if it be consider'd that from 23. October 1641. until 29. May 1660. the time of his Majesties Restauration the Kingdom was upon the matter in one continued Storm That the alterations of Possessions was so universal and Properties so blended and mixt by Allotments and Dispositions made by the then Usurping Powers It may be well concluded that they must be somewhat more then Men that could or can frame a Law to take in every particular Case though it should have swoln to many Volumes and Laws which are to be of such universal Consequence as this was are to have a Regard to the Generality of a Kingdom or People though possibly some particular Person may have some hardship in his private Concern But if we may judge by general Laws by the produce and effect of them and at the same time have a Prospect to the Estate and Condition of this Kingdom from 1640. and as far backwards as you please until the time of his late Majesties happy Restauration and at the same time take into Consideration what the Kingdom became in few years after the Commission for the Execution of those Acts were at an end the Buildings and other Improvements the Trade and Commerce the vast Heads of Cattel and Flocks of Sheep equal to those of England together with great Sums of money brought over by our Fellow-Subjects of England who came to Purchase and Plant in this Kingdom The Manufactures set on foot in divers parts whereby the meanest Inhabitants were
at once inriched and civilized it would hardly be believed it were the same Spot of Earth Nay Over-flown and Moorish Grounds were reduced to the bettering of the Soyl and Air. The Purchasers who brought the Kingdom to this flourishing Condition fly to your Majesty for Succour offering not only their Estates and Fortunes but even their Lives to any Legal Trial within this your Majesties Kingdom being ready to submit their Persons and Estates to any established Judicature where if it shall be found that they enjoy any thing without Legal Title or done any thing that may forfeit what they have Purchased they will sit down and most willingly acquiesce in the Judgments But to have their Purchases made void their Lands and Improvements taken from them their Securities and Assurances for Money Lent declar'd Null and Void by a Law made ex post facto is what was never practised in any Kingdom or Countrey If the Bill now design'd to be made a Law had been attempted within two three four or five years after the Court for the execution of these Acts was ended the Purchasers would not have laid out their Estates in acquiring of Lands or in Building or Improving on them Thousands who had sold small Estates and Free-holds in England and brought the Price of them to Purchase or Plant here wou'd have stayed at home And your Majesties Revenue with that of the Nobility and Gentry had never come to the Height it did If your Majesty please to consider upon what Grounds and Assurances the Purchasers of Lands and Tenements in this Kingdom proceed you will soon conclude that never any proceeded upon securer Grounds The Acts of xvij and xviij of King Charles your Father of blessed Memory the First takes notice that there was a Rebellion begun in this Kingdom on the 23d of October 1641 And so doth a Bill once read in the House of Lords whoever looks into the Royal Martyrs Discourse upon that Occasion will see with what an abhorrence he laments it and that he had once thoughts of coming over in Person to suppress it Those Acts promise Satisfaction out of Forfeited Lands to such as would advance Money for reducing these disturbers of the publick Peace unto their Duty The Invitation was his late Majesties your Royal Brothers Letters from Breda some few weeks before his Restauration which hapned the 29th of May 1660 And within six Months after came forth his Majesties most Gracious Declaration for the Settlement of this Kingdom This may it please your Majesty is the Basis and Foundation of the Settlement and was some years after Enacted and made a Law by two several Acts of Parliament It is true that the Usurping Powers in the Year 1653. having by the permission of the Almighty as a just Judgment on us for our Sins prevailed here did dispose and set out the Estates of Catholicks unto Adventurers and Soldiers and in a year or two after transplanted out Catholick Free-holders for no other Reason but their being so in Connought where Lands were set out unto them under divers Qualifications which they and their Heirs or those deriving under them as Purchasers enjoy'd and still do enjoy under the Security of the before mentioned Acts of Parliament and Declaration His Majesties gracious Declaration of the 30th of November 1660. which I call the Foundation of the Settlement was before it was concluded on under the Consideration of that great Prince and the Lords of his Council of England where all Persons concerned for the Proprietors as well old as new were heard whoever reads will find the many Difficulties which he and his Council met with from the different and several Pretenders what Consideration was had and Care taken to reconcile the jarring Interests and to accommodate and settle as well as was possible the Mass and Body of Subjects here It was some years after before the Act for the Execution of his Majesties most Gracious Declaration became a Law It was neer two years upon the Anvil It was not a Law that past in few days or sub silentio It was first according to the then Course of passing Laws here framed by the Chief Governour and Council of this Kingdom by the Advice and with the Assistance of all the Judges and of his Majesties Council Learned in the Law and then transmitted into England to be further consider'd of by his Majesty and Lords of his Council there where the Counsel at Law and Agents of all Pretenders to the Propriety of Lands in this Kingdom were heard and that Act commonly called the Act of Settlement approved of and retransmitted under the Seal of England to receive the Royal Assent which it did after having passed both Houses of Parliament The Innocent Proprietors being restored pursuant to thiâ— Act and some Difficulties appearing as to the further execution of it Another Act passed commonly called the Act of Explanation which went the same Course and under the same Scrutiny It is confessed that though they are two Acts it was by the same Parliament who were chosen according to the ancient Course of Chusing Parliaments But if any miscarriage were in bringing that Parliament together or the procuring the aforesaid Acts of Parliament to pass which we can in no wise admit and the less for that your Majesties Revenue was granted and settled by the same Parliament and many good and wholsom Laws therein Enacted Yet it is manifest that nothing of that kind ought to affect the Plain and honest Purchaser who for great and valuable Considerations acquired Lands under the Security aforesaid and expended the remainder of his Means in Building Improving and Planting on them and that for the following Reasons First The Purchaser advising with his Counsel how to lay out or secure his Money that it may not lie dead not only to his but the publick detriment tells him that he is offer'd a Purchase of Lands in Fee or desired by his Neighbours to accommodate him with Money upon the Security of Judgment or Statute Staple and upon the enquiry into the Title he finds a good and Secure Estate as firm in Law as two Acts of Parliament in force in this Kingdom can make it and in many Cases Letters Patents upon a Commission of Grace for remedying of defective Titles he finds Possession both of many years gone along with this Title several descents past and possibly that the Lands have been purchased and passed through the hands of divers Purchasers He resorts to the Records where he meets with Fines and Common Recoveries the great Assurance known to the Laws of England Under which by the Blessing of God we live and tells him there is no scruple nor difficulty of Purchasing under this Title since he hath Security under two Acts of Parliament Certificates and Letters Patents Fines and Recoveries and that no Law of force in this Kingdom can stir much less shake this Title How is it possible to imagine that the
Settlement and that you made Leases of them on which many and great Improvements have been made It is likewise true that your Majesty sold and exchanged some small proportions of the same Lands and received in Money Twelve Years Purchase some of which your Majesty conveyed by Fines and other assurances in Law and though your Majesty may if it seem meet unto you part with all that Estate yet it is humbly conceived it ought to be with reservation to the Lessees and those few Purchasers as it was done by Mary Queen of England who though zealous in the highest degree to the Religion she professed and that she restored such part of Lands belonging unto Monasteries as remained in her hands undisposed did nevertheless permit the Grantees and Purchasers quietly and peaceably to retain such part of them as they were possessed of by Grant or Purchase and which for ought appearing is enjoyed by them and those deriving under them to this day though she came to the Crown within few years after Passing the Act for Dissolving Monasteries For if no consideration be had of them your Majesty gives away the Term of Years and Improvements from your Lessees and the Land from him to whom your Majesty sold it without restoring the Purchase mony than which no case can be harder and without your Roy-Assent neither of these can be done For the Objections commonly made against the Acts of Settlement and Explanation which are usually that many Innocents were never heard and that there was not time sufficient for hearing of them but how this should affect those who purchased after the Acts passed and Certificates and Letters Patents passed on them is not demonstrable from any Rule of Law or Equity The person designing to Purchase inquires whether the Title of the Land or Tenement to be Sold be good in Law and Equity and being assured in that he forbears further Inquiry being assured that never any Purchaser in Possession having Law and Equity on his side was dispossessed by any person whatsoever upon ground of Equity and the Purchaser here hath the Law with him by the Acts of Settlement and the Equity by the payment of his Money It is to be wished that if Widows Orphans or any other persons have fallen under hardship by the general settlement of the Kingdom that some way may be devised to make them reparation but the way prescribed by this Bill is to Rob the Innocent Purchasers Creditors and Orphans of their Estates to do it contrary to the Publick Faith Laws of the Land and Precept of Holy Writ which forbids doing of Evil that good may come thereof It s manifest by what has been said that if this Bill proceed as is now contrived that all the Protestants in the Kingdom are undoubtedly and without reserve ruined since the Rapparees that is the Armed multitude have taken away all their moveable Estates and this Design is to take away all the Lands and Tenements purchased by them The thriving Catholicks who were Purchasers as most of the Province of Connaught are are likewise to be turned out of their Estates and Possessions and their own and the improvements of those who hold under them utterly lost As to the Politick part which these great Statesmen who drive on this Bill make mention of that will be worthy of consideration It s said that this will unite your Majesties Subjects in this Kingdom That is too gross to pass since the first mentioning thereof hath it not made a division and a breach betwixt them nay where there was none before and doth it not grow daily wider It was never heard that Accommodation between parties that were all in contest could stand unless the terms were continued for if what was given to one of the Parties be taken away it makes the whole Award void and of none effect and admitting the Old Proprietor had right it is not enough except he have it against the Purchaser And if the Design be what is pretended to restore this Kingdom to the Peace and Plenty which it flourished in some years since to unite your Majesties Subjects whereby they may be enabled according to their Duty and Allegiance to restore your Majesty to the exercise of your Royal Dignity in all your Kingdoms this can never be effected except all pretenders recede in some degree from the full of their pretensions for the accommodation of the whole and the publick quiet and safety Would it not be an unreasonable thing in a Cargo where divers Merchants are concerned and have Goods and Merchandizes in a Storm to throw out by consent the Goods of any one Merchant though in the bottom of the Hold and hardest to come by for the safety of all concerned without satisfaction given him by a contribution from those who had the advantage of it or if it could be done or had time for it were it not much more just that the loss should be equally divided amongst them by throwing out a just proportion from all concerned than to single out one part of the people and by their ruine to advance the other This is not in my judgment the readiest way of uniting them Sufferance to make one step more and Quaere Whether the Catholick Purchasers now to be turned out of Possession will join heartily with those that enter upon them Farewel Trade and Commerce where Acts of Parliament shall be made to destroy securities that were good when made Farewell all Improvements in Ireland where no man shall ever know what Estate he hath if the foundation of the general settlement should now be overturned I cannot foresee what the consequences may be of having it published and made known in your Majesties other Kingdoms and Dominions and elsewhere where the Protestant Religion is professed that such a Proposal as this in relation to such of your Protestant Subjects as have made no defection hath been prepared for your Majesties Consideration in order to be passed into a Law and this when they were secure of the Laws of the Land not so much as Common Equity to question the Title by which they held That nevertheless use should be made of the Legislative power to Enact a new Law after so many assurances given them to the contrary and after so many years quiet possession to turn them out of their Estates altogether It is much to be feared that those who first advised this method of Proceedings have considered their own particular advantage and that of their Friends and Relations without the least thoughts of your Majesties Service for surely this can never be thought so nor the way to settle this Kingdom whereby it may be serviceable to your Majesty nor can it be imagined but that men thus despoiled will as often as Parliaments shall be called make application for Redress and Repeal as in the Case of the Spencers to Repeal a Repeal and they and their Posterity will be always solliciting your Majesty and your