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A35104 An ordinance for indempnitie to the English Protestants of the province of Munster in Ireland England and Wales. Lord Protector (1653-1658 : O. Cromwell); Cromwell, Oliver, 1599-1658. 1654 (1654) Wing C7131; ESTC R37695 3,867 13

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AN ORDINANCE FOR INDEMPNITIE TO THE ENGLISH PROTESTANTS of the PROVINCE of MVNSTER IN IRELAND Tuesday August 1. 1654. ORdered by his Highness the Lord Protector and his Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council DVBLIN Re-printed by WILLIAM BLADEN An. Dom. 1654. AN ORDINANCE FOR INDEMPNITIE to the English Protestants of the Province of Munster in Ireland WHereas many English and Brittish Protestants in the Province of Munster in Ireland upon the defection of the Lords Ormond and Inchiquin were seduced and drawn by the power and policie of the said Lords to follow them in their treacherous revolt whereof divers being sensible of their offence and retaining still a good affection to the interest of the Common-wealth of England did give a real and eminent testimony thereof in their voluntary rendition of the Towns of Cork Youghal K●●●ale Bandon and divers Forts Castles and other Garrisons adjacent and that at a time when the Army under the Command of his Highness the Lord Protector then Lord Lieuten of Ireland being at a great distance from them and the winter season rendered the access thereof unto them improvable By means of which rendition divers places of great strength were gained without expence of bloud treasure and the necessities of the Army supplyed by that plentiful Countrey where many look and wounded Souldiers were tenderly cherished and provided for by the said Brittish and English Protestants And divers others of the said Brittish and E●glish Protestants did before the first of December One thousand six hundred and fourty nine submit themselves and have ever since not onely lived peaceably under the Protection of and obedience to the Common-wealth but have by their large contributions to the supply of the Army there evidenced their sence of duty and good affection to the same and the inferior sort of them who continued under the command of the said Earl of O●…ond and Lord ●●chiquin until necessity inforced them to a submission have since their said submission done faithful service to this Common-wealth against the Rebels there His Highness the Lord Protector taking into consideration the concessions granted by his Highness to invite the Return of the said Revolters to the obedience of the Parliament of the Common-wealth of England and being desirous the the same may be duly performed that all such as were mis-led into that defection by misrepresentations from their Commanders or by their power over them were kept from a more early submission might in respect of their service faithfulness since tast of some grace and favour And to the end their persons may be secure their minds composed and they may be encouraged to persist in their fidelity and obedience and themselves their wives and children be enabled to live and be useful to the Common-wealth Be it Ordained by His Highness by and with the advice and consent of his Council That all persons Brittish and Protestants of or in the Province of Munster in the Realm Ireland shall be and are hereby freed acquitted and discharged of and from all Questions Suit Plea Demand Forfeitures Pains Penalties Mulcts Corporal or Pecuniary Restraints Imprisonment or Imprisonments Punishment or Punishments Trouble or Molestation whatsoever other than is hereafter in this Ordinance expressed for any Matter or Thing by them or any of them committed or done by Sea or Land against the Parliament or their Forces in the late War or any of the former Wars and that for the matters aforesaid there shall be no Sequestration Confiscation Fine Penaltie Forfeiture or Punishment imposed or continued upon them or any of them otherwise than is in this Ordinance hereafter expressed but the same shall be put in perpetual oblivion And also that the Estates real and personal of all the Brittish and Protestants of or in the Province of Munster aforesaid except as is hereafter in this Ordinance excepted and provided shall be and are hereby freed discharged and acquitted of and from all Sequestrations Confiscations Fines Penalties and Forfeitures whatsoever for any Matter or Thing by them or any of them committed or done in the aforesaid Wars and be immediately restored to all lawful Rights Freedoms Priviledges and Immunities as fully to all intents and purposes as if they had made no defection or committed or done any Crime Matter or Thing against the Common-wealth of England or the Authoritie thereof Provided That this Ordinance or any thing herein contained shall not extend to or give any Power Right Priviledge or Advantage to any the person or persons herein concerned to have or recover any arrear or satisfaction of arrears due to him or them for his or their service done on the behalf of the Common-wealth before his or their defection under the Lords of Ormond and Inchiquin such onely excepted for whom express provision is hereafter made in this Ordinance Provided likewise And be it Ordained by the Authoritie aforesaid That all and every the person and persons who submitted to the Authoritie and Protection of the Common-wealth of England before the first of December One thousand six hundred fourty and nine but were not Instrumental in the rendition of the Garrisons aforesaid and have Estates above all reprizes in lands to the clear yearly value of four hundred pounds and upwards according to the value of the said Lands in the year One thousand six hundred thirty eight or in Goods or in Goods and Chattles at this present to the value of eight thousand pounds and upwards shall be lyable to satisfy and pay such Fine or Fines as shall by persons thereto authorized be imposed on them within twelve Months after the seven and twentieth day of Iune One thousand six hundred fiftie and four Provided also and be it Ordained That all and every the person and persons who continued in Arms against the Forces of the Common-wealth of England or remained in obedience to the Enemy after the first day of December One thousand six hundred and fourty nine having Estates in Lands to the clear yearly value above all reprizes of fifty pounds or upwards according to the value the said Lands were worth in the year One thousand six hundred thirty eight or at present in goods and Chattles to the value of five hundred pounds or upwards shall be and are hereby liable to satisfy and pay such fine or fines as shall by persons thereunto authorized be set and imposed on them respectively within twelve Months after the said seven and twentieth day of Iune aforesaid Provided likewise That neither this Ordinance nor any thing therein contained shall extend or give any benefit or advantage to any person or persons therein concerned who since their aforesaid submission have acted or done any matter or thing in opposition to the Common-wealth of England or the Authority thereof And it is further Ordained and Declared by the Authority aforesaid That the Commissioners for stating Accompts in Ireland named and appointed
in an Act for stating and determining the Accompts of such Officers and Souldiers as are or have been imployed in the service of this Common-wealth in Ireland shall be and are hereby impowred and required to state all and every the Accompts of such Officers and Souldiers for their Arrears grown due for service before the said Revolt or Defection whose names shall be certified by and according to such Qualifications and Directions as they shall receive from the Lord Deputy and Council in Ireland in that behalf And the said Lord Deputy and Council are hereby authorized and appointed to admit to this benefit such onely of the persons included within the Concessions first above mentioned as they upon the best inquiry and information they can gain upon the place shall finde to have been forward in or promoting of the said return in Munster to the obedience of this Common-wealth and to lay down such general rules or Qualifications for the guidance of the said Commissioners of Accompts therein as they shall see cause And the said Commissioners for Accompts shall thereupon proceed to state the Accompts of such of the said Officers and Souldiers or compounding with them for the same in like manner as they are by the said Act Entituled An Act for stating and determining the Accompts of such Officers and Souldiers as are or have been imployed in the Service of this Common-wealth in Ireland authorized to do for the arrears of all other Officers or Souldiers who have constantly adhered to the Parliament and to give forth unto them Debentures accordingly any thing in the said former Act for stating Accompts or any other Act Declaration Ordinance or Order of Parliament to the contrary notwithstanding And be it further Ordained and Declared by the Authority aforesaid That such of the said Officers and Souldiers shall have and receive in satisfaction of their said Arrears so stated forfeited Lands of the Rebels in Ireland in like manner and upon the same terms as other Officers or Souldiers are or shall be appointed by any Act of Parliament to receive for their Arrears grown due for service before the nine and twentieth of Iune one thousand six hundred fourty and nine Provided always That no Officer or Souldier shall be capable of having or receiving his Arrears as aforesaid who hath been in hostilitie against the Parliament or adhered to the Enemie since the first day of December one thousand six hundred fourty and nine or hath not manifested constant good affection to the Parliament since the return of the said Garrisons and Forts in the Province of Munster to their due obedience or who hath been cashiered and sentenced by a Court-Martial to lose his Arrears Provided also That this Ordinance or any thing therein contained shall not extend to the taking away any Limitations or Restrictions Directed or Provided by the Act for stating Accompts concerning the Certificats or Vouchers to be produced to evidence any Arrears nor to the making void any penalty by the said Act laid on any that shall make procure or produce any false Certificate or Oath thereby fraudulently to demand Arrears in prejudice of the Common-wealth Excepted and always reserved out of this present Ordinance and benefit thereof All and every the person or persons who are by name exempted from pardon for life or Estate in one Act of Parliament Entituled An Act for the settling of Ireland bearing date the twelfth day of August one thousand six hundred fifty and two or who have not since the tenth of May One thousand six hundred and fifty lived peaceably and inoffensively under the Protection of this Common-wealth And furthermore It is Ordained and Declared by the Authoritie aforesaid That the Indempnity by this Ordinance granted by the General Words Clauses and Sentences before rehearsed shall be reputed allowed and taken in all manner of Courts of Iustice or elsewhere most beneficial and available to all and singular the persons to whom the same is hereby granted and to every of them in all things not in this present Ordinance excepted without any ambiguity question or other delay to be made pleaded or objected by any person or persons for or on the behalf of the Common-wealth Tuesday August 1. 1654. ORdered by his Highness the Lord Protector and His Council That this Ordinance be forthwith Printed and Published Hen Scobell Clerk of the Council