done 36. To the Right Honourable the Earl of Alb-m-rle 2 Grants now in being containing 108633 Acres in Possession and Reversion in consideration of services done 37. To William B-nt-nck Esq commonly called Lord W -- dst-ck 135820 Acres of Land no particular consideration mentioned in the Grant 38. To the Right Honourable the Earl of Athl-ne 2 Grants containing 26480 Acres in consideration of services done in the reduction of Ireland 39. To the Right Honourable the Earl of G-llw-y one Grant containing 36148 Acres in consideration of many good and faithful services by him performed 40. To the Right Honourable the Earl of R-chf-rt 2 Grants containing 39871 Acres in consideration of Services done 41. To the Marquiss of P-z-r 2 Grants containing 30512 Acres in consideration of services done 42. To the Right Honourable the Lord C-n-ngsby 5966 Acres with several Chiefrys Tythes and many Houses in the City of Dublin with 1000 l. Mortgage in consideration of Services done 43. To the Right Honourable the Lord M-ntj-y 11070 Acres for 21 years in consideration of his Services done in the War of Ireland the losses he suffered in his Estate the Imprisonment of his Father in the Bastile and his being kill'd in the Battle of Steynkirk 44. To the Honourable Thomas Keightly Esq 2 Grants containing 12381 Acres for 99 years as a portion for his Daughter Mrs. Kaetherine Keightly who was a dependant on her late Majesty Q. Mary of ever blessed memory and in consideration of a pension of 400 l. per ann and his lossesin the War 45. To Colonel Gustavus Hamilton 5382 Acres whereof 1900 are no part of the Forfeitures in consideration of his great and early service in the War of Ireland his wading through the Shannon and storming the Town of Athlone at the head of the English Granadeers 46. To Dr. John Lesly 16077 Acres in consideration of his early service in the War of Ireland his great expence in raising and arming considerable numbers of men and fighting at the head of them in several Engagements 47. To Thomas Pendergaest Esq now Sir Thomas Pendergast Baronet 2 Grants containing 7082 Acres upon the most valuable consideration of his discovering a most barbarous and bloody Conspiracy to Assassinate the King 's Most Excellent Majesty to destroy the Liberties of England and in consequence the Protestant Religion throughout Europe 48. To Mr. John Baker 1647 Acres in consideration of the great and memorable services his Father Colonel Henry Baker performed in the defence of the City of Londonderry 49. To Thomas Corry Esq 2 Grants one of a Mortgage of 2000 l. in Fee of several Lands in the County of Wicklow due to Sir Edward Scott from the Earl of T-r-ne the other of 1725 Acres The considerations mentioned in the Letters Patents are his House being burnt and his having furnished the Garison of Enniskilling with provisions and materials to the value of 3000 l. at his own expence But enquiring into the merits of this Gentleman it appears to us that he gave no assistance to the Garison of Enniskilling that in the Town of Enniskilling he publickly declared he hop'd to see all those hang'd that took up Arms for the Prince of Orange and his House was burnt by the said Garison 50. The rest of the Grants with the former appear in the Book N. 6. and are comprehended in the general values 51. It is to be observed that all the Acres mentioned in this Report are meant Plantation Acres which bear a proportion to English as 441 is to 264. 52. It is further to be observed that the Estates above-mentioned do not yield so much to the Grantees as they are here valued at for as most of them have abused his Majesty in the real value of their Estates so their Agents have imposed on them and have either sold or let the greatest part of them at great under value 53. We are further to take notice that most of the Lands in the several Grants aforesaid were granted under the Exchequer Seal in Custodium for small numbers of years or during pleasure either to the present Grantees or other persons by which means very little profit of them hath accrued to his Majesty The greatest part of the Custodiums are now expired but those few yet in being appear in a Book at the lower end of the Grants N. 6. 54. In the next place we humbly acquaint your Honours with the several Incumbrances that affect the Estates forfeited and not restored and here we shall take notice of such only as are found by Inquisition or have been allowed by his Majesty's Court of Exchequer most of which last have been in pursuance of her late Majesty's Letter dated _____ to the Lords Justices of Ireland which required that all Protestants should try the validity of their Incumbrances in the most speedy manner without subjecting them to dilatory or chargeable methods 55. All the Statutes Judgments Mortgages or other Debts which appear to us as aforesaid to affect the Estates not restored amount to 161936 l. 15 s. 6 d. the particulars whereof appear in a Book delivered in with this Report N. 7. The reality of the said incumbrances which of them have been made upon a valuable consideration and what have been since discharged by Receipt of Rents or otherwise we have had neither time nor opportunity duly to examine but we humbly conceive there are many deductions to be made upon the following considerations 56. In all Judgments and Statutes we have set down the Penal Sums not being able to know what Interest is due upon the several particulars 57. It appears probable to us that oftentimes the Judgment and Mortgage is for the same Debt 58. It is probable that many of the said Judgments are only for performance of Covenants and the defeazances remain in the hands of the Covenanters 59. In many cases Protestants and Papists have been equally bound and the whole Debt is demanded on the Lands of the forfeited persons tho there may be other security 60. It does appear that many Deeds and Copies of Judgments were produced to the Juries in several Enquiries and found without any proof of the execution of such Deeds or the considerations therein expressed 61. It is probable that in many cases the Statutes and Judgments have been satisfied and do not appear discharged upon Record 62. Many incumbrances have been bought up by the Grantees their Agents and Under-purchasers and oftentimes at small values and are kept on foot to cover the Estates tho probably they might have over-paid themselves by the Preception of Profits 63. Many persons have been put in possession of the Lands incumbred by virtue of her late Majesty's Letter and have received all or a great part of their Debts 64. It is probable that several of the Incumbrances have been taken in trust for forfeiting persons and many others were entred into covenously 65. In conclusion it appears to us that all the contrivances possible were made
In the County of Longford 2067 2 348 9 9 4530 6 9 In the C. of Lowth and 'T of Drogheda 22508 Â 6331 11 Â 82310 3 Â In the County of Cork 244320 Â 32133 12 6 417737 2 6 In the County of Kerry 90146 Â 3652 11 9 47483 12 9 In the County of Clare 72246 Â 12060 17 Â 156791 1 Â In the County of Waterford 21343 Â 4190 10 Â 54476 10 Â In the County of Limerick 14882 3 4728 10 6 61470 10 Â In the County of Tipperary 31960 3 8888 12 Â 115552 2 6 In the County of Gallway 60825 Â 10225 4 Â 83528 19 Â In the County of Roscommon 28933 Â 5808 15 Â 69767 2 Â In the County of Mayo 19294 Â 3186 5 6 37598 3 Â In the County of Sligoe 5562 2 998 17 6 12985 7 6 In the County of Antrim 10103 3 1944 18 6 25284 Â 6 In the County of Down 9079 Â 1016 6 Â 13212 4 6 In the County of Ardmagh 4962 Â 688 Â Â 7644 Â Â In the County of Cavan 3830 1 478 12 6 6222 2 6 In the County of Monaghan 3832 Â 558 16 Â 7264 8 Â In the County of Fermanagh 1945 Â 389 Â Â 5057 Â Â All these Lands in the several Counties aforesaid as far as we can reckon by Acres being added together make 1060792 Acres worth per an 211623 l. 6 s. 3 d. value total 2685130 l. 5 s. 9 d. besides the several Denominations in the said several Counties to which no number of Acres can be added by reason of the imperfection of the Surveys which we humbly represent to your Honours as the gross value of all the Lands forfeited in Ireland since the 13th day of February 1688. 15. Next we think it our duty to acquaint your Honours what proportions of these Lands have been restored to the old Proprietors by virtue of the Articles of Limerick and Gallway and by his Majesty's favour 16. Three Letters one from her late Majesty Queen Mary of ever blessed Memory dated the 15th of March 1691 2 to the Right Honourable the Lord Sdn-y Sir Charles Porter Knight and Thomas Lord C-n-ngs-by then Lords Justices and Chief Governours of this Kingdom one other Letter from her said late Majesty dated the 6th day of May 1693 to the said Lord Viscount S-dn-y then Lord Lieutenant and General Governour of this Kingdom and to the Privy Council there for the time being and one other Letter from his Majesty dated the 24th day of May 1694 to the Right Honourable Henry Lord C-pel Sir Cyril Wich Knight and William Duncombe Esq then Lords Justices of this Kingdom and to the Privy Council there for the time being were severally sent unto them empowering them to hear and determine the Claims of all persons pretending to be within the Articles of Limerick and Gallway and in pursuance of the said Letters 491 persons were adjudged within the Articles aforesaid The names of which persons with their Additions and times of their Adjudications appear in a Book delivered in with this Report N. 3 17. Afterwards a Commission dated the 25th day of February in the 8th year of his Majesty's Reign passed under the great Seal of Ireland impowering the Judges of the several Courts here or any five of them to hear and determine the Claims aforesaid And in pursuance of that Commission 792 persons were adjudged within the Articles aforesaid The names of which persons with their Additions and the times of their Adjudications appear in a Book delivered in with this Report N 4. 18. The Estates that the persons have been restored to by virtue of their Adjudications contain 233106 Acres of Land amounting in yearly value to 55763 l. 6 s. 6 d. value total 724923 l. 4 s. 6 d. The particular number of Acres belonging to persons adjudged the County and Barony in which they lye with the yearly value and what the whole Interest is worth appears in the Book N. 2. 19. And here we presume not to judg whether the Letters from his Majesty or the late Queen to the Lords Justices did give them any legal authority to summon the Subjects from all parts of the Kingdom give Oaths adjudg without Jury and levy Money under the name of Fees we finding no Act of Parliament to warrant the same which we humbly submit to your great Wisdom 20. Further we think it necessary to inform your Honours that the Fees in the said Courts were so extravagant that Mr. Palmer who acted as Register in the right of Mr. Poultney and divided the profits with him demanded of Mr. Luke Dillon for the Fees of his Fathers Adjudication eighty six pounds and Mr. Steel Cryer of the Court fifteen pounds more Nor could Mr. Dillon get out the order to reverse his Fathers Outlawry till he had paid fifty two pounds in ready Money to Mr. Palmer and gave him his Bond for fourteen pounds more and had paid Mr. Steel five pounds besides ten pounds which he had paid Mr. Palmer for Orders the Cause being continued in the Court near two years Nor was this a single case for many more have paid great Summs of Money on the like account the charge of entring a Claim only before we acted in our Commission being near five pounds tho by express words in the Articles of Limerick no person ought to pay any Fees but to writing Clerks 21. We may add to this that the proceedings of the Court of Claims are almost universally complained of and we fear with too much reason Some persons having been adjudged without posting their Claims others within a day or two after before the Kings Councel or Witnesses could be ready which was contrary to the Rules of the Court it self that required fourteen days between the posting every Claim and the Adjudication It was also observable that if any person would disclaim his Estate he met with very little difficulty in being adjudged tho afterward there could be no obstacle in the reversing his Outlawry and consequently to be restored to his Estate In general it seems to us that there have been great miscarriages in the said Court and that in many cases the Articles of Limerick and Gallway have been expounded too beneficially in favour of persons Outlawed and often on the oath of one witness who we humbly conceive cannot not be convicted of Perjury either by common or Statute Law By this means we apprehend a great many persons have been restored to their Estates that upon review would be found to belong to his Majesty To come to a more particular knowledg of which we sent to the said Mr. Palmer for the Minutes of the Adjudications but he having taken them in Short-hand only and never since transcribed them we could not get such an account as was sit to lay before your Honours We shall only take notice of one thing that seems to us very extraordinary that more
persons were adjudged within Articles since the Commencement of our Enquiry than had been since the making of the said Articles 22. Next we are to acquaint your Honours what Estates have been restored to the old Proprietors by Reversal of Outlawries or his Majesty's Pardon 23. The Reversals are of two sorts such as have been in pursuance of Adjudications all markt in N. 3 and 4 in distinct Columns for that purpose the Estates restored by Reversals are already computed under the consideration of persons adjudged 24. The other sort are such as have been reversed by his Majesty's or the late Queen's Letters or Orders to the Lords Justices which with all Pardons and the considerations inducing the same past since the Defeat at the Boyne amounting to sixty five appear in a Book delivered in with this Report N. 5. The Estates restored to the several Persons pardoned or that have their Outlawries reversed by his Majesty's favour contain 74733 Acres worth per An. 20066 l. 8 s. 3 d. value total 260863 l. 7 s. 3 d. The particulars thereof what Estate belongs to each person in what County and Barony it lies what is the yearly and total value appear in the Book N. 2. 25. And here we think it proper to take notice to your Honours that as well by the general report of the Country as by several Observations of our own it appears probable to us that many of the persons aforesaid have obtained his Majesty's Favour by gratifications to such persons as have abused his Majesty's Royal Compassion But when we touch'd on this subject we found difficulties too great to be overcome most of these matters being transacted in private and with Persons out of this Kingdom however we shall lay before your Honours some instances where it appears to us that Mony has been given to restore persons forfeiting to their Estates 26. The Right Honourable the Lord B-ll-w released a Statute Staple of 1000 l. principal Mony and seven or eight hundred pounds Interest to the Lord R-by which was due from Sir William W-ntw-rth Father to the present Lord R-by to the Lord D-l-ke Father to the present Lord B-ll-w in consideration that he would use his Interest with his Majesty to procure his Pardon which he did accordingly and his Pardon soon after passed he also released to the Lord R-mny all the profits of his Estate which his Lordship had enjoyed near three years amounting to about as many thousand pounds in consideration his Lordship would not give him any molestation in passing his Pardon 27. John Kerdiff of Kerdiffstown in the County of Dublin Gent. gave to Mrs. Margaret Vniack 200 l. or thereabouts to make use of her Interest with the Lord R-mny to obtain his Majesty's Letter to have his Outlawry reversed which was accordingly done the the particular case of this Man deserved Compassion 28. Sir John Morris paid to Mr. Richard Vniack five hundred pounds whereof three hundred pounds were paid to Mrs. Vniack for her Interest in the Lord R-mny to procure his Pardon which was accordingly done 29. Henry Morris Esq gave one hundred pounds to Mrs. Margaret Vniack to obtain his Majesty's pardon which was accordingly done 30. John Hussey of Leistip Esq upon his being informed by Mr. Bray and Mr. Roscoe Agents to the Lord Athl-ne that he would not get his Outlawry reversed without giving him a general Release of all demands to the Lord Athl-ne he did it whereby a Mortgages of three hundred pounds which he had upon the Lord L-mr-ck's Estate then in grant to the Lord Athl-ne was released who appeared not to us to have known of the said Mortage or to have had any benefit thereby 31. Edmund Roch Gent. gave Mr. Richard Darling Agent to the Lord R-mny five hundred pounds for his Interest in procuring his pardon which by the means of the Lord R-mny was obtained as we believe But the said Roch was outlawed on the Statute of Foreign Treasons tho never out of the Kingdom 32. John Bourke Esq commonly called Lord B-ph-n agreed to pay 750 l. to Mr. Andrew Card for the use of the Lord Alb-m-rle in consideration he would procure his Majesty's Letter to have him restored to his Estate and Blood three hundred pounds of the said Money was to be paid when he was restored to his Estate and the residue some time after In pursuance of the said Agreement a Letter was sent to the Lords Justices to be communicated to the Commissioners of the Court of Claims in favour of the Lord B-ph-n in order to have him adjudged within the Articles of Gallway but nothing being done thereon it was agreed that a Bill should be transmitted into England in order to pass into a Law in Ireland to restore the Lord B-ph-n to his Estate and Blood the consideration suggested in the Bill was to educate his Children in the Protestant Religion and let his Estate to Protestants It was further provided in the said Bill that nine thousand pounds should be raised upon the said Estate for payment of Debts and a certain part of the said Estate appropriated for the maintenance and provision of his Children but in reality 7500 l. of the said Money was to be paid to the Earl of Alb-m-rle and the remainder as we believe to the persons concerned in negotiating the said Agreement This Bill was brought into the House of Commons of Ireland but the Agreement taking wind and the House resenting that their Authority should be made use of to support such a clandestine bargain and finding several allegations in the said Bill false they rejected it Afterwards a new agreement was made viz. that there should be a Grant to the Lord R-ss in trust that the Money to be advanced for procuring the said Grant should be first raised out of the Estate and next that the Profits should be applied to the payment of Debts and after to the use of the Family of Clanrickard In pursuance of the Agreements aforesaid a Letter was procured from his Majesty and three thousand pounds paid to Thomas Brodrick Esq for the benefit of the Lord Alb-m-rle 33. Having now laid before your Honours an account of all the Estates belonging to persons outlawed since the 13th day of February 1688. and also what Estates have been since restored by Articles and what by his Majesty's favour we will proceed to acquaint your Honours what Grants have been made and also what Custodiums are yet in being of any of the said Estates and to whom 34. There have past since the Battle of the Boyne under the Great Seal of Ireland 76 Grants and Custodiums a Book whereof with the dates of the Letters Patents and the Considerations we have delivered in with the Report N. 6. Some of the most considerable Grants we here particularly lay before your Honours the number of Acres and Considerations 35. To the Right Honourable the Lord R-mny 3 Grants now in being containing 49517 Acres in consideration of Services
of discount on other particulars and if all the unprofitable Acres be cast in it may near answer the difference of value the now beneficial Leases do make from the present intrinsick value exclusive of them 75. And lest this allowance should be thought insufficient we humbly conceive the Woods of the Kingdom now standing on the Forfeited Estates not restored may be worth Sixty thousand pounds which we believe if thrown in will answer the difference provided some speedy care be taken to prevent farther waste 76. But lest our allowances on the particulars aforesaid should not be esteemed sufficient we throw in all denominations of Lands to which we could annex no number of Acres not receiving any light either by the Surveys Commissioners Books Inquisitions or our enquiries in the Country and because they are quantities of Land that vastly differ from one another both in value and number of Acres we make no certain estimate of them tho it seems very probable to us that they amount to Seventy or Eighty Thousand Acres which we humbly conceive will much more than answer all the deficiencies before mentioned 77. And here we shall take notice of the general waste committed on the Forfeited Woods of this Kingdom particularly on the Woods of Sir Valentine Brown in the County of Kerry where to the value of twenty Thousand Pounds has been cut down and destroyed and the waste on the Woods of the late Earl of Cl-nc-rtys Estate now in Grant to the Lord W -- dst-ck is computed at Twenty Seven Thousand Pounds And indeed so hasty have several of the Grantees or their Agents been in the disposition of the Forfeited Woods that vast numbers of Trees have been cut and sold for not above six pence a piece and the like waste is still continuing in many parts of this Kingdom and particularly at this instant the Right Honourable Sir John Hely Lord Chief Justice of the Court of Common Pleas here and Peter Goodwyn joint Purchasers of the Lands of Feltrim within six miles of Dublin of the Right Honourable the Lord C-n-ngsby are now cutting down the very ornamental rows and Groves about the mansion House great waste has been made and yet is commiting on the Woods of Oshaghnessy in the County of Gallway purchased by Toby Butler Esquire for about 2500 l. which is valued to above 12000 l. and when we appointed some persons to view and value the said Woods the said Toby Butler did prosecute them by Indictment for so doing 78. Besides all the forfeitures before mentioned there are great numbers of persons guilty of the late Rebellion and within no Articles and never prosecuted and many have appeared on the Exigent which to this day are continued under Bail and some of them were this last Summer Assizes tryed and Acquitted and indeed it does appear to us that the Freeholders of this Kingdom through length of time and by contracting new Friendship with the Irish or by interpurchasing with one another but chiefly through a general dislike of the disposition of the Forfeitures are scarce willing to find any persons guilty of the late Rebellion even upon full Evidence 79. By reason of this delay of prosecution many good Estates by the death of Parties have been lost to his Majesty 80. And notwithstanding all this it seems probable by the multitude of discoveries offer'd us that if right methods were taken and proper incouragement given a great Sum of Money might be raised out of the forfeitures that lie concealed 81. There has been so great a neglect in the prosecution of his Majesties Title that no Inquisition went into Connaught till the year 1695 which gave the forfeiting persons time and leisure to set up what incumbrances they pleased and when they were issued the findings were almost as the Counsel of the forfeiting person thought fit And indeed by the great disproportion of Protestants to Papists which is computed at not one to fifty and so very few Protestant Freeholders being within most Counties of that Province so little Justice is to be had there that the Province it self seems scarcely reduced to his Majesties Obedience a late instance might be given at the last Assizes for the County of Gallway where near forty persons were brought on their Tryals for the late Rebellion and the majority of the Jury that had them in Charge were Officers in the late King James's Army and adjudged within Articles and after that 't were needless to say they were all acquitted Tho by accident 't was discovered that one Kirevan one of the persons then on Tryal was in actual Rebellion and an Officer under the Foreman of the Jury who was sworn to that Fact which was a surprizing difficulty to the Jury who not well knowing how to acquit him upon so direct a proof resolved that the Dice should determine and so the Jury among themselves threw the Dice and the Lot falling upon one Mr. Pendergast he did absent himself accordingly and so no Verdict was given on the said Mr. Kirevan who was thereupon bound over to appear the next Assizes at Gallway to take his Tryal 82. The House of Clanrickard have a vast Territory within that Province with few or no Protestant Tenants thereon the greatest part whereof by the Attainder of the Lord B-ph-n who is only Tenant for Life is now vested in his Majesty and we humbly Conceive if proper methods were now taken by setting the said Estate to Protestant Tenants by Leases for Lives renewable for ever 't would greatly increase the Freeholders and thereby secure the Property and advance the Protestant Interest of that Province 83. And in the next place we do Humbly Acquaint your Honours that several of the Grantees have raised great sums of Money by sale of their Lands and Estates in the whole amounting to 68155 l. 3 s. 1 d. as does hereafter more particularly appear viz. The Right Honourable the Earl of Athl-ne has sold so much of his Grant as amounts to the Sum of 17684 l 12 s. And here we think we ought to take notice that the Lord Athl-ne's Grants are confirmed by Act of Parliament of Ireland The Right Honourable the Earl of R-mn-y has sold so much of his Grants as amounts to 30147 l. 11 s. 1 d. of which 5323 l. 14 s. 7 d. remains unpaid in the Purchasers Hands The Right Honourable the Earl of Alb-m-rle has received in England 13000 l. Sterling by sale of part of his Grant The Right Honourable the Lord C-nn-ngsby hath sold to the value of 2200 l. And Thomas Keightly Esquire has sold and receiv'd to the value of 5123 l. 10 s. amounting in the whole to 68155 l. 3 s. 1 d. 84. We are also to acquaint your Honours that there have been several Proclamations and other Publick Assurances given that a fourth part should be granted to such as should discover any concealed Forfeitures to some of the Discoverers Grants have been made and they appear in the