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
THE REPORT Made to the Honourable House of COMMONS Decemb. 15. 1699. BY THE Commissioners appointed to Enquire into the Forfeited Estates OF IRELAND LONDON Printed in the Year M.DCC. The Report made to the Honourable House of Commons by the Commissioners appoined to enquire into the Forfeited Estates of Ireland Decemb. 15. 1699. May it please your Honours 1. ACcording to the powers given us by a late Act of Parliament made in the 10th and 11th years of his Majesty's Reign intitled An Act for granting his Majesty the sum of one million four hundred eighty four thousand and fifteen pounds one shilling eleven pence three farthings for disbanding the Army providing for the Navy and for other necessary Occasions we have enquired into and taken an account of the Forfeited Estates in Ireland and do humbly lay before your Honours this our following Report as the result of our Proceedings 2. But first we must humbly crave leave to represent to your Honours the many difficulties we have met with which we fear may render our Enquiry less satisfactory than otherwise it might have been 3. It is usual for the General Governours of this Kingdom when they are removed from their Imployments to carry away the Books and Papers relating to their proceedings during their Government which we apprehend may have been some hindrance to our Enquiry 4. Soon after the Battel of the Boyne Commissioners of Forfeitures were appointed under the Great Seal of Ireland who substituted Commissioners in the several Counties then in his Majesty's possession these Sub-Commissioners acted very vigorously and made returns of great quantities of Goods forfeited but several of the Books we were not able to get which was a great disadvantage to our proceedings those Returns having been made whilst the mischiefs were fresh and the resentments high between Protestants and Papists and consequently with less favour than hath since been shewn 5. Many Commissions for taking Inquisitions have been issued both from the Chancery and Exchequer that are not sped others have been imperfectly taken and worse drawn up some have never been returned nor so much as the Records made up by the Escheator 6. Great quantities of Land found in the Inquisitions have not been put in Charge to his Majesty nor appear in the Rent Rolls and many Denominations appear in the Rent Rolls of which no Inquisitions were taken and a great many other parcels of Lands are mentioned in the Grants which are neither mentioned in the Inquisitions nor Rent Rolls and some in the Sub-Commissioners Books that are found no where else and there may be many more of which we can trace no footsteps 7. As we cannot complain to your Honours of any direct disobedience to our Authority so we must take notice that we had from few Offices that dispatch which was necessary to the work we had the honour to be employed in but whether this proceeded from any unwillingness to obey us the multitude of other business or the irregular methods of keeping their Books we do not affirm 8. Particularly the Books of the Commissioners of the Revenue relating to the Forfeitures are so ill and confusedly kept as much delay'd us in our proceedings but this we do not attribute so much to the Commissioners of the Revenue as to the shifting this Enquiry from one Commission to another which has been done five times since the Battel of the Boyne So that no Commissioners if they were disposed to it have been able to take any steady view of the Forfeitures and digest them into Method 9. By this means we have been forc'd to examine such vast bundles of Records and Volumes of other Papers as have taken up much of that time which might have been employ'd in the examination of the values and enquiring into the mismanagement of the Forfeitures which appear to us very great tho by the distance of time the agreement of the parties concerned the death of some the departure of others out of the Kingdom most of the tracks are worn out so that we found it very difficult and in many cases impossible to come at a true information 10. Besides there appeared to us a very great backwardness in the people of this Kingdom to give any information which in our humble opinion does not proceed from any dislike to the business of our Commission or disobedience to the Authority that sent us but from the fear of the Grantees and persons in power whose displeasure in this Kingdom is not easily born besides reports seem'd to us to have been industriously spread abroad and generally believed that our Enquiry would come to nothing and was only the effect of a sudden Resolution which hinder'd many persons from making considerable discoveries but we humbly conceive if such fears were removed the Forfeitures would appear much greater 11. Added to all these difficulties our business it self was so voluminous and consisted of so many parts that an exact Scrutiny into all the particulars could not have been made in a much longer time than we were confin'd to but such an account as under these disadvantages we were able to acquire we do with all humility lay before your Honours 12. The Persons outlawed in England since the 13th day of February 1688 on account of the late Rebellion here amount in number to 75 and in Ireland to 3921 all which with their Additions and Counties in which they were Outlawed appear in a Book delivered in with this Report N. 1. 13. The Estates that the said persons or any of them were possessed of or interested in either in Law or Equity since the 13th day of February 1688 that came to our knowledg together with the Proprietors names the number of Acres the County and Barony in which they lye the value of them per annum and the total value appear in a Book delivered in with this Report N. 2. 14. But the gross number of all Acres belonging to Forfeiting Persons in each County the yearly and total value esteeming a Life at 6 years purchase and an Inheritance at 13 years which we apprehend to be at this time the value of the Lands of this Kingdom appear to be as follows viz.  Acres profitable value per Ann. value total  a. r. l. s. d. l. s. d. In the County of Dublin 34536  16061 6  208796 18  In the County of Meath 92452 1 31546 4 6 410100 18 6 In the County of Westmeath 58083 1 14633 12 6 190237 2 6 In the County of Kildare 44281 1 16551 18 6 215175  6 In the County of Catherlogh 26303  7913 11 6 95872 2  In the County of Wicklow 18164  2719 3  35348 19  In the County of Wexford 55882 2 7551 10 6 98169 16 6 In the Queen's County 22657  5002 8 9 65031 13 9 In the King's County 30459 3 6870 18  89321 14  In the County of Kilkenny 30152 2 5243 3 6 68161 5 6
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