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94. Act for the Settlement of Ireland.

[August 12, 1652. Scobell, ii. 197. See Commonwealth and Protectorate, iv. 82-5.]

Whereas the Parliament of England, after the expense of much blood and treasure for suppression of the horrid rebellion in Ireland, have by the good hand of God upon their undertakings, brought that affair to such an issue, as that a total reducement and settlement of that nation may, with God's blessing, be speedily effected, to the end therefore that the people of that nation may know that it is not the intention of the Parliament to extirpate that whole nation, but that mercy and pardon, both as to life and estate, may be extended to all husbandmen, ploughmen, labourers, artificers, and others of the inferior sort, in manner as is hereafter declared; they submitting themselves to the Parliament of the Commonwealth of England, and living peaceably and obediently under their government; and that others also of higher rank and quality may know the Parliament's intention concerning them, according to the respective demerits and considerations under which they fall; be it enacted and declared by this present Parliament, and by the authority of the same, that all and every person and persons of the Irish nation, comprehended in any of the following qualifications, shall be liable unto the penalties and forfeitures therein mentioned and contained, or be made capable of the mercy and pardon therein extended respectively, according as is hereafter expressed and declared; that is to say,

I. That all and every person and persons, who at any time before the tenth day of November, 1642 (being the time of the sitting of the first General Assembly at Kilkenny in Ireland), have contrived, advised, counselled, promoted, or acted, the rebellion, murders, or massacres done or committed in Ireland, which began in the year 1641; or have at any time before the said tenth day of November, 1642, by bearing arms, or contributing men, arms, horse, plate, money, victual, or other furniture or hablements of war (other than such which they shall make to appear to have been taken from them by mere force and violence), aided, assisted, promoted, acted, prosecuted, or abetted the said rebellion, murders, or massacres, be excepted from pardon of life and estate.

II. That all and every Jesuit, priest, and other person or persons who have received orders from the Pope or See of Rome, or any authority derived from the same, that have any ways contrived, advised, counselled, promoted, continued, countenanced, aided, assisted, or abetted; or at any time hereafter shall any ways contrive, advise, counsel, promote, continue, countenance, aid, assist, or abet the rebellion or war in Ireland, or any the murders or massacres, robberies, or violences committed against the Protestants, English, or others there, be excepted from pardon for life and estate.

III. That James Butler Earl of Ormond, James Touchet Earl of Castlehaven, Ulick Bourke Earl of Clanricarde, Christopher Plunket Earl of Fingal, James Dillon Earl of Roscommon, Richard Nugent Earl of Westmeath, Morrogh O'Brien Baron of Inchiquin, Donogh MacCarthy Viscount Muskerry, Theobald Taaffe Viscount Taaffe of Corren, Richard Butler Viscount Mountgarret, &c., &c., be excepted from pardon for life and estate.

IV. That all and every person and persons (both principals and accessories) who since the first of October, 1641, have or shall kill, slay, or otherwise destroy any person or persons in Ireland, which at the time of their being so killed, slain, or destroyed, were not publicly entertained and maintained in arms as officers or private soldiers, for and on behalf of the English against the Irish; and all and every person and persons (both principals and accessories) who since the said first day of October, 1641, have killed, slain, or otherwise destroyed any person or persons entertained and maintained as officers or private soldiers, for and on the behalf of the English against the Irish (the said persons so killing, slaying, or otherwise destroying, not being then publicly entertained and maintained in arms as officer or private soldier under the command and pay of the Irish nation against the English), be excepted from pardon for life and estate.

V. That all and every person and persons in Ireland, that are in arms or otherwise in hostility against the Parliament of the Commonwealth of England, and shall not within eight and twenty days after publication hereof by the Commissioners for the Parliament, or Commander-in-chief, lay down arms and submit to the power and authority of the said Parliament and Commonwealth, as the same is now established, be excepted from pardon for life and estate.

VI. That all other person and persons (not being comprehended in any of the former qualifications) who have borne command in the war of Ireland against the Parliament of England, or their forces, as general, lieutenant-general, major-general, commissary-general, colonel, governor of any garrison, castle, or fort, or who have been employed as receiver-general or treasurer of the whole nation or any province thereof, commissary-general of musters or provisions; marshal-general, or marshal of any province, advocate of the army, or secretary to the Council of War, or to any general of the army, or of any the several provinces, in order to the carrying on the war against the Parliament or their forces, be banished during the pleasure of the Parliament of the Commonwealth of England, and their estates forfeited and disposed of as followeth, viz. that two-third parts of their respective estates be had, taken, and disposed of for the use and benefit of the said Commonwealth; and that the other third part of their said respective estates or other lands, to the proportion and value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual settlement of the peace of this nation, shall think fit to appoint for that purpose) be respectively had, taken, and enjoyed by the wives and children of the said persons respectively.

VII. That the Commissioners of Parliament and Commander-in-Chief have power to declare, that such person or persons as they shall judge capable of the Parliament's mercy (not being comprehended in any of the former qualifications), who have borne arms against the Parliament of England or their forces, and have laid down arms, or within eight and twenty days after publication hereof by the Commissioners for the Parliament, and the Commander-in-chief, shall lay down arms and submit to the power and authority of the said Parliament and Commonwealth, as the same is now established (by promising and engaging to be true to the same), shall be pardoned for their lives, but shall forfeit their estates to the said Commonwealth, to be disposed of as followeth, viz. two third parts thereof (in three equal parts to be divided) for the use, benefit, and advantage of the said Commonwealth, and the other third part of the said respective estates or other lands, to the proportion or value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual settlement of the peace of that nation shall think fit to appoint for that purpose), be enjoyed by the said persons, their heirs or assigns respectively, provided, that in case the Commissioners and Commander-in-Chief, or either of them, shall see cause to give any shorter time than twenty-eight days, unto any person or persons in arms, or in any garrison, castle, or fort in hostility against the Parliament, and shall give notice to such person or persons in arms, or in any garrison, castle, or fort, that all and every such person and persons who shall not within such time as shall be set down in such notice, surrender such garrison, castle, or fort to the power of the Parliament, and lay down arms, shall have no advantage of the time formerly limited in this qualification.

VIII. That all and every person and persons of the Popish Religion, who have resided in Ireland at any time from the first day of October, 1641, to the first of March, 1650, and have not manifested their constant good affection to the interest of the Commonwealth of England (the said persons not being comprehended in any of the former qualifications), shall forfeit one third part of their estates in Ireland to the said Commonwealth, to he disposed of for the use, benefit, and advantage of the said Commonwealth; and the other two third parts of their respective estates or other lands, to the proportion or value thereof, to be assigned in such place in Ireland, as the Parliament, for the more effectual settlement of the peace of that nation, shall think fit to appoint for that purpose, be enjoyed by such person or persons, their heirs or assigns respectively: and that all other persons who have resided in Ireland within the time aforesaid, and have not been in actual service for the Parliament, or otherwise manifested their good affection to the interests of the Parliament of England, having opportunity to do the same, shall forfeit one fifth part of their estates to the use of the said Commonwealth.

IX. That all and every person and persons (having no real estate in Ireland, nor personal estate to the value of ten pounds) that shall lay down arms, and submit to the power and authority of the Parliament by the time limited in the former qualifications, and shall take and subscribe the engagement, to be true and faithful to the Commonwealth of England, as the same is now established, within such time and in such manner as the Commissioners for the Parliament and Commander-in-chief shall appoint and direct, such persons (not being excepted from pardon, nor adjudged for banishment by any of the former qualifications) shall be pardoned for life and estate for any act or thing by them done in prosecution of the war.

X. That all estates declared by the former qualifications concerning rebels or delinquents in Ireland to be forfeited, shall be construed, adjudged, and taken, to all intents and purposes, to extend to the forfeitures of all estates tail, and also of all rights and titles thereunto, which since the five and twentieth of March, 1639, have been or shall be in such rebels or delinquents, or any other in trust for them or any of them, or their or any of their uses, with all reversions and remainders thereupon, in any other person or persons whatsoever. and also to the forfeiture of all estates limited, appointed, conveyed, settled, or vested in any person or persons declared by the said qualifications to be rebels or delinquents, with all reversions or remainders of such estates conveyed, vested, limited, declared, or appointed to any the heirs, children, or issues of such rebel or delinquent; which estate or estates, remainders, or reversions since the five and twentieth of March, 1639, have been or shall be in such rebels or delinquents, or in any their heirs, children, or issues of such rebels or delinquents, and to all estates granted, limited, appointed, or conveyed by any such rebels or delinquents, unto any their heirs, children, or issue, with all the reversions and remainders thereupon: provided, that this shall not extend to make void the estates of any English Protestants, who have constantly adhered to the Parliament, which were by them purchased for valuable consideration before the three and twentieth of October, 1641; or upon like valuable consideration mortgaged to them before that time, or to any person or persons in trust for them for satisfaction of debts owing to them.

Provided, that if any person or persons excepted by name or otherwise, comprehended in these qualifications, have been comprised within any articles granted unto them, or agreed upon between them and any commander of the Parliament's forces thereto authorised, that such person or persons shall nevertheless enjoy the benefit of those articles, in case the Commissioners of Parliament in Ireland shall adjudge them to be comprised therein; and that they have observed and kept, and continue to observe and keep the Articles on their parts, and that nevertheless it shall be in the power of the Parliament, or their Commissioners, if they see cause, to transplant such persons from the respective places of their usual habitation or residence, into such other places within that nation, as shall be judged most consistent with public safety, allowing them such proportion of land or estate in the parts to which they shall be transplanted, as they had or should have enjoyed of their own other where, in case they had not been so removed.


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