An Act for the Setling of Ireland – 16520812

‘Tis not the Parliaments intention to extirpate the whole Irish Nation.; All persons of the Irish Nation liable to these Qualifications.

Whereas the Parliament of England, after the expence 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 Gods 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, Plowmen, Laborers, Artificers, and others of the Inferior sort, in maner 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 Parliaments 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 lyable 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,

Persons excepted from pardon of life and estate.

I. That all and every person and persons, who at any time before the Tenth day of November, One thousand six hundred forty wo (being the time of the sitting of the first General Assembly at Kilkenny in Ireland) have Contrived, Advised, Counselled, Promoted or Acted, the Rebellior, Murthers or Massacres done or committed in Ireland, which Legan in the year One thousand six hundred forty one; or have at any time before the said Tenth day of November, One thousand six hundred forty two, by bearing Arms, or contributing Men, Arms, Horse, Plate, Money, Victual, or other Furniture or Habiliaments of War (other then such which they shall make to appear to have been taken from them by meer force and violence) ayded, assisted, promoted, acted, prosecuted or abetted the said Rebellion, Murthers or Massacres, be excepted from Pardon of Life and Estate.

Jesuits and Priests excepted.

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, ayded, assisted or abetted; or at time hereafter shall any ways contrive, advise, councel, promote, continue, countenance, ayd, assist or abet the Rebellion or War in Ireland, or any the Murthers or Massacres, Robberies or Violences committed against the Protestants English, or others there, be Excepted from Pardon for Life and Estate.

The names of several others excepted from pardon of life and estates.

III. That James Butler Earl of Ormond, James Touchet Earl of Castlehaven, Ullick Bourk Earl of Clanrickard, Christopher Plunket Earl of Fingal, James Dillon Earl of Roscomon, Richard Nugent Earl of Westmeath, Morrogh O Brien Baron of Inchiquin, Donogh Mac Carthy Viscount Muskerry, Theobald Taaff Viscount Taaff of Corren, Richard Butler Viscount Mountgarret, Roch Viscount Fernjoy, Montgomery Viscount Montgomery of Ards, Magennis Viscount of Iveah, Fleming Baron of Slane, Dempsey Viscount of Glanmaleer, Bermingham Baron of Athenry, Oliver Plunket Baron of Lowth, Robert Barnwal Baron of Trymletstown, Miles Bourk Viscount Mayo, Connor Magwire Baron of Eniskellen, Nicolas Preston Viscount Gormanstown, Nicholas Nettervil Viscount Nettervil of Dowth, John Bramhal late Bishop of Derry, James Cusack Esquire, Thomas Tyrrel Esquire, Peter Clinton Esquire, Sir Phelim O Neil Knight, Sir George Monroe Knight, Sir James Montgomery Knight, Robert Steward Knight, Sir Con Magennis of the County of Down Knight, Sir Luke Fitz-Gerald of Tecroghan Knight, Sir Richard Barnwal of Crickstown Knight, Sir John Nettervil Knight, Sir Thomas Esmond of the County of Wexford Knight, Sir John Magragh of the County of Tipperary, Sir Theobald Bourk Son of the Viscount Mayo, Colonel Thomas Preston, Hugh Buy O Neil, Luke Taaff Brother of the Viscount Taaff, Geoffry Brown Esquire, Geoffry Baron Esquire, Patrick Darcy Esquire, Nicholas Plunket Esquire, Fennel Doctor of Physick, Hugh Mac Phelim Birn of the County of Wicklow, Florence Fitz Patrick of the Queens County, Esquire; Colonel John Fitz Patrick Son of Florence, Roger Moor of Ballyna in the County of Kildare, Tirlogh Roe O Neil Brother to Sir Phelim O Neil, Mulmurry Mac Swyne, Donnel Oge Magennis, John Mortimer, Rory Magwyre of the County of Fermanagh, Rory Mac Brien Oge Magennis, Ever Magennis of Castle vellan, Edmund Buy Magennis, Shane Mac Brien O Neil, Tirlogh Magragh Son of James Magragh, Tirlogh mac Caffry O Donnel, Brien Modder O Quynne, Brien O Mulcrevy, Patrick Groom O Mulcrevy, Tirlogh Groom O Quynne of Monagowre in the County of Tyrone, Colonel Manus Roe O Cahan, Toole Mac Macan, Walter Bagnal Esquire, Edmund Bourk of Cloghan in the County of Mayo, Pursel of Tipperary Baron of Loghmo, Thomas Cantwel of Cantwels-Court in the County of Kilkenny, Edward Hussey of Moyl Hussey in the County of Meath, Hugh Hussey of Galtrym, John Bellew of Willystown in the County of Lowth Esquire, Philip Mac Hugh O Reyley of the County of Cavan, Mulmurry O Reyly of the County of Cavan, Colonel Mac Brien Mac Mahown of the County of Monaghan, Lysagh Moor brother of Roger Moor before-mentioned, Neil Mac Kenna of the Trough in the County of Monaghan, Richard Belling Esquire, Son of Sir Henry Belling Knight, Laurence Dowdal of Athlumne Esquire, Captain Arthur Fox of Crumlin in the County of Dublin, Brien Mac Phelim Birn of the County of Wicklow, Colonel Luke Tool of Castle-kevin in the County of Wicklow; John Crean of Sligo, Anthony Brabazon of Ballinsloe in the County of Roscomon, Piers Fitz Gerard of Ballisonan, commonly called Mac Thomas, Lysagh Demsey of the Kings County Esquire, Charls O Conner Dun of Ballintober in the County of Roscomon, Esquire, Dermot O Brien of the County of Clare, Richard Grace Mace Jasper of the Kings County, Philip O Dwyre of the County of Tipperary, Owney O Dwyre of the County of Tipperary, Murtagh O Brian of Annagh in the said County, John O Kennedy of Dunnally in the said County, Murrogh ne Mart O Flagherty of the County of Gallowey, Teige O Flagherty of the said County, Teige O Connor Roe of the County of Roscomon, Teige O Connor Sligo of Sligo, Redmond Bourk Kilcernan in the County of Gallowey, Thomas Bourk of Anbally in the County of Galloway, John Brown of the Neal in the County of Mayo, Charls O Connor and Hugh O Connor, brothers of Teige O Connor Sligo, James Dillon brother to the Viscount Dillion of Costillogh, Touchet brother to the Earl of Castlehaven, be excepted from pardon for Life and Estate.

Principals and Accessaries of murthersince 1 Oct. 1641 excepted.

IV. That all and every person and persons (both Principals and Accessaries) who since the First of October, One thousand six hundred forty one, 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 publiquely 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 Accessaries) who since the said First day of October, One thousand six hundred forty one, have killed, slain, or otherwise destroyed any person or persons entertained and maintained as Officers or private soliders, for and on the behalf of the English against the Irish (the said persons so killing, slaying, or otherwise destroying, not being then publiquely entertained and maintained in Arms as Officer or private soldier under the Command and Pay of the Irish against the English) be excepted from Pardon for Life and Estate.

Those that shall not within 28 days lay down Arms.

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.

Others, not comprehended in the former Qualifications to lose two thirds of their Estates, and be banished.

VI. That all other person and persons (not being comprehended in any of the former Qualifications) who have born 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 Garison, Castle or Fort, or who have been imployed 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.

The Commissioners of Parliament and Commander in chief to declare persons capable of mercy.

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 Parliaments Mercy (not being comprehended in any of the former Qualifications) who have born 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 ingaging 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 then Twenty eight days, unto any person or persons in Arms, or in any Garison, Castle or Fort in Hostility against the Parliament, and shall give notice to such person or persons in Arms, or in any Garison, 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 Garison, 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.

Papists, not formerly comprehended, to lose one third of their Estates.

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, One thousand six hundred forty one, to the First of March, One thousand six hundred and fifty, 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 be 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 Affections to the Interest 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.

Persons that have no real estate, nor personal, to the value of ten pounds, pardoned.

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 maner, as the Commissioners for the Parliament, and Commander in Chief shall appoint and drect, 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.

Estates Tail in any Delinquents, since 25 March 1639. forfeited.; Not to extend to English Protestants.

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, One thousand six hundred thirty nine, 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, setled 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, One thousand six hundred thirty nine, 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, One thousand six hundred forty one; 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.

Those who have Articles to enjoy the benefit thereof,; yet subject to be transplanted.

Provided, That if any person or persons Excepted by name or otherwise, comprehended in these Qualifications, have been comprized within any Articles granted unto them, or agreed upon between them and any Commander of the Parliaments Forces thereto Authorized, 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 comprized 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 Publique 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.