Map of Ireland (1790) – Detail with Overlay

David Rumsey’s Historical Map Collection includes a Map of the Kingdom of Ireland by J. Rocque, printed for Robt. Sayer, opposite Fetter Lane, Fleet Street, c. 1790.

Rumsey digitized the original map by scanning it with high resolution digital cameras; the digital image of the historical map was then transformed in a process called “georeferencing”, which made it display in its correct geographical spaces in Google Maps. Georeferencing is done using a GIS program, which takes points on the old maps (cities, coast lines, rivers, streets) and connects them to the same points on a modern satellite map image or a modern street map or a modern map showing boundaries of countries and states. The GIS program then takes all these points (as many as 200 are made for very large maps) and uses them to recreate the digital image so it will fit into its modern geographical space.

View Roque’s map of Ireland.

We have extracted a detail from Rumsey’s composition in the vicinity of the Limerick-Tipperary border near Galbally, where the Allen family was located around this time. View this detail with an overlay from Google Maps.

An Additional Act for stating and determining the Accompts of the Officers and Soldiers of the Army in Ireland – 16530815

Act of 15 August 1652. for stating Accompts till that time.; Arrears incurred since.; The Commissioners to state and give Debentures for arrears to the 23 of October 1653.; Persons disbanded shall have Accompts stated till their disbanding.; Persons deceased.; Composition.

Whereas by an Act of the last Parliament, bearing date the Fifteenth day of August, One thousand six hundred fifty two (Entituled, An Act for stating and determining the Accompts of such Officers and Soldiers as are or have been imployed in the Service of this Commonwealth in Ireland) Provision is made for stating the arrears of the said Officers and Soldiers for the time then past, or for compounding for the same, according to the rules and directions therein given; but forasmuch as a further arrear is incurred since the passing of the said Act, Be it Declared and Enacted by this present Parliament, and it is hereby Declared and Enacted by the authority thereof, That Nicholas Domvile Gent. Robert Jeofferies Gent. and other the Commissioners in the said Act named, or any two of them, shall be and are hereby impowered to state, certifie, and give Debentures for all or any the arrears of the said Officers or Soldiers, which have or shall grow due for their service in Ireland, until the Three and Twentieth day of October next coming, in this present year One thousand six hundred fifty three; and if any of the said Officers or Soldiers are or shall be disbanded before that time, the said Commissioners are required and authorized to state their Accompts, unto the time of their disbanding, and to give forth to them Debentures accordingly: And in case of the decease of any Officer or Soldier before the said Three and twentieth of October, or the time appointed for their disbanding, or of their leaving the Army or Service by License, or of being Cashiered, and not Sentenced by the Court Martial to lose his or their Arrears; The said Commissioners are hereby authorized to state his or their Accompts to the time of such decease, departing or cashiering, and to give forth Debentures to them, their Executors or Administrators accordingly; or in case they or any of them shall choose to proceed by the way of Composition for their Arrears, the said Commissioners are therein to allow them for the arrears incurred since the date of the said former Act.

Power to compound for Arrears.

And be it further Enacted and Declared by the authority aforesaid, That the said Commissioners be, and are hereby impowered to compound for arrears according to the said Act, with the lawful Attorney or Attornies of any Officer or Soldier, who by reason of distance of place, or because of attendance on their duty, or for other causes cannot personally repair to the said Commissioners; as also with the Attorney or Attornies of the Executor or Administrator of any Officer or Soldier deceased; and such Compositions with them made, shall be as good and effectual to all intents and purposes, as if it had been made with the person or persons immediately to whom the said arrears were due.

Persons exempted from the benefit of this Act.

Provided always, That this Act, or any thing therein contained, shall not extend to the giving to any Officer or Soldier, who are adjudged by the said former Act to have forfeited their arrears any benefit or advantage of their arrears so forfeited, nor to the taking away any limitations or restrictions provided by the said former Act, concerning the Certificates or Vouchers to be produced to evidence any arrears, nor to the making void any penalty laid by the said former Act on any that shall produce false Certificates or Vouchers, thereby fraudulently to demand arrears.

Accounts of Officers and Soldiers in Ireland – 16520825

An Act for stating and determining the Accompts of such Officers and Soldiers as are or have been imployed in the Service of this Commonwealth in Ireland

The Accompts of Officers and Soldiers imployed in Ireland, to be forthwith stated.; Arrears to be certified from the Muster-Master; Oath of no fraud used.

The Parliament of England taking into consideration the great Arrears of pay due to the Officers and Soldiers that have faithfully served this Commonwealth in Ireland, for their Service there and in England; and being desirous to have their Accompts Examined and Stated, and Debentures given to them, to the end Just Satisfaction may be made for such their Services out of the Rebels Lands in Ireland, Do Enact and Ordain, and be it Enacted and Ordained by this present Parliament, and by the Authority thereof, That the Accompts of the said Officers and Soldiers for any such Arrears as aforesaid (not heretofore Stated and Certified by Order or Direction of Parliament) shall be forthwith taken, examined, stated and certified by the persons hereafter named, and in maner and form hereafter expressed; That is to say, Every person claiming such Arrear as aforesaid, either for himself, or as the Executor, Administrator or Assign of such person to whom Arrears are due, and desiring to have his or their Accompts Stated and Certified, shall produce for every such Arrear so claimed respectively, the Commission and Muster-Rolls, or Certificate under the Hand and Seal of the Muster Master or his Deputy, ascertaining the several Moneths or years wherein such Officer or Soldier was in Service as aforesaid, for which he claimeth such Arrear: And in case it shall appear upon Oath, that such Commission, Muster-Rolls or Certificate is lost, or cannot be produed, Then every such person claiming Arrear as aforesaid, shall produce a Certificate under the Hand and Seal of his Captain, or some other Commissioned Officer superior to himself: And in case the Certificate of such superior Officer cannot be obtained, then a like Certificate of three or more Commissioned Officers: And also such person shall make Oath, That he hath not used, nor is privy to any fraud, deceit or indirect dealing in or concerning the framing or procuring of such Certificate; and that to the best of his knowledge such Certificate is true; And that he hath not otherwise had his Accompts stated, or any Debenture or other satisfaction given for the same Arrear so claimed, other then what he shall then acknowledge, and deliver in to the said Commissioners hereafter named: And he shall also upon the same Oath discover and express what he or any other for his use (to his knowledge) hath at any time received towards satisfaction of the Arrears claimed thereupon, and how much either in Money, Goods, Provisions, Forrage, Free-quarter, or for Horses or Arms which they have received from the State, and either imbezelled or converted to their own use, for which, or for the value whereof to his best knowledge or remembrance he ought to be, and yet remaineth accomptable to the State: To the truth of which accompt he shall make Oath in form following;

Oath that the Accompt is true.

I A. B. do Swear, That the Accompt by me given at this time is true and just, to the best of my knowledge or remembrance, and that therein I have not wittingly or willingly concealed any Money, Goods, or other things, which to my best remembrance I have received or taken for the use of the Parliament or Commonwealth, for which I am justly accomptable to the State; neither have I to the best of my remembrance wilfully imbezelled, or to my private use or benefit converted any such Money, Goods, or other thing received by me for the use of the Publique, and for which I stand accomptable as aforesaid, other then such, or to such a value as I have charged my self with in my said Accompt. So help me God.

Such Certificate and Oath, a sufficient ground for the Commissioners to proceed on.

And such Certificate and Accompt, together with such Oath of the Party producing the same, and claiming arrears thereupon as aforesaid, shall be a sufficient ground for the said Commissioners hereafter named to proceed upon, in the stating of all and every the said Accompts respectively, and in the certifying of the arrears thereupon, as is hereafter directed.

How the Commissioners are to proceed in case such Certificate cannot be had.; All Officers of War enjoyned to testifie their knowledge.

And because it may possibly fall out in some cases, that such Certificate as aforesaid cannot be had or produced by reason of the death of some, or refusal of other Officers from whom such Certificate should be had, or by their being disabled to make such Certificate, either through their defection from the Parliaments Cause, or their departure and absence out of the Land; or else by reason of the loss of Muster-Rolls or Certificates through the many Casualties of War; in such cases, the said Commissioners hereafter named, or any two or more of them, after strict enquiry into the truth of the matter, and taking the Oath of the party concerned that his case is such, and other Examination of him or any other upon Oath, to such other circumstances as they shall think fit, for their further satisfaction that the case is such, shall or may admit the Oath of the party, with two sufficient Witnesses, concerning the time of such parties Service in any Garison or Army, and concerning the arrear due to him for the same, as a sufficient Evidence to proceed, and state his accompts, and certifie his arrears for the same; the party himself making Oath also to such other Questions and things concerning the truth of his accompt, as is afore in other cases directed: And for the better discovery of the truth in or concerning any such Certificates and Accompts as aforesaid, The said Commissioners hereafter named, or any two or more of them, are hereby authorized to administer an Oath or Oaths to all and every person and persons with whom they shall have to do, in relation to the stating of any the Accompts, in all such cases, and concerning such matters or things thereunto relating, as they shall see cause to require an Oath upon; And all Officers of War, Muster-masters, Secretaries, Auditors, Treasurers, Accomptants, and other persons whatsoever, that now have, or formerly had relation to the Affairs of War, or can certifie any thing which may further this Service, are hereby required upon order or notice directed to them from the Commissioners, or any two or more of them hereafter named to that purpose, to testifie under their Hands and Seals according to their best knowledge, any thing within their Cognizance that may further conduce to the better ascertaining of the said Accompts or any of them.

Commissioners to state the Accompts severally,; and give Debentures for the clear Arrears.

And it is further Enacted by the Authority aforesaid, That after the said Accompts, or any of them, shall be so taken and examined as aforesaid, the respective Commissioners hereafter named, or any three or more of them, shall state the said Accompts severally, making Deductions for what the respective Accomptants shall appear to be chargeable with, towards satisfaction of the several Arrears so claimed; and shall thereupon make computation of what remaineth in Arrear to such Officer or Soldier, as well for such part thereof as stands respited upon the Publique Faith as the rest, for any such Service as aforesaid: And upon and according to the Accompts so stated, shall under their Hands and Seals give Debentures for the said clear Arrear to every such Officer and Soldier respectively, in maner hereafter directed; That is to say, for service done in Ireland onely, in form following, To wit,

Debenture for service in Ireland.

All lawful Deductions made, There remaineth due from the Commonwealth to his Executors, Administrators or Assigns, untill the day of the date hereof, the sum of which said sum of is to be satisfied to the said his Executors, Administrators or Assigns, out of the Rebels Lands, Houses, Tenements and Hereditaments in Ireland, or other Lands, Houses, Tenements and Hereditaments there, in the dispose of the Commonwealth of England.

Debenture for England Scotland, or Ireland.

And for service done in England, Scotland or Ireland, in form following;

All lawful Deductions made, There remaineth due from the Commonwealth to his Executors. Administrators or Assigns, for Service done under the Command of in England, from the day of in the year until the day of in the year the sum of And there remaineth likewise due to the said his Executors, Administrators or Assigns, for Service done in Ireland, untill the day of the date hereof, the sum of in all the sum of which is to be satisfied to the said his Executors, Administrators or Assigns, out of the Rebels Lands, Houses, Tenements and Hereditaments in Ireland, or other Lands, Houses, Tenements and Hereditaments there, in the dispose of the Commonwealth of England.

How Debentures shall be satisfied out of Rebels Lands in Ireland.

And if any Officer or Soldier that hath served the Parliament in England, and hath had his Accompts audited, stated, and according to any Act, Order or Ordinance of Parliament determined, and a Debenture, Bill or Bond chargeable to be paid, by the Common wealth given for the same, Then such Officer or Soldier being willing to have his said Arrear, for which he hath such Bond or Debenture satisfied, together with what shall be due unto him for Service in Ireland, out of the Rebels Lands there, shall give up and deliver such Bond or Debenture to the Commissioners hereafter named, or any two of them: And the said Commissioners or any two or more of them, are hereby authorized and required to take in such Bond or Debenture, and to Endorse thereupon, that another Debenture is by them given out for the same sum: And thereupon, the party to whom the same appertains (declaring upon Oath, that the sum thereby signified to be due unto him, or any part thereof, is not paid or satisfied) shall have a Debenture for the sum contained in such Bond or Debenture, or for so much thereof as upon the aforesaid Oath shall not be acknowledged to be satisfied: And the said Commissioners or any two or more of them, are hereby authorized and required to give a Debenture in maner following; That is to say,

Debenture to be satisfied out of Rebels Lands, for service done in England.

There remains due from the Commonwealth to his Executors, Administrators and Assigns, for Service done in England, for which he had a Debenture given and signed by which said Debenture hath been delivered up to us the sum of which said sum of is to be satisfied to the said his Executors, Administrators or Assigns, out of the Rebels Lands, Houses, Tenements and Hereditaments in Ireland, or other Lands, Houses, Tenements and Hereditaments there, in the dispose of the Commonwealth of England.

Commissioners to keep an Entry, and transmit Duplicates of Debentures.

Which said several Forms, or any or either of them, the said Commissioners observing the substance and effect thereof, shall and may vary in circumstances as the case shall require: And the said Commissioners shall keep an Entry of all Debentures by them signed and given forth, and shall transmit Duplicates of such Debentures, together with the Certificates, Vouchers, and all Evidences and Papers thereto relating, unto the General Register hereafter appointed, who shall safe keep all the said Duplicates, Certificates and Papers; and upon producing of any Debenture passed and given forth by the said Commissioners or any two or more of them as aforesaid, shall examine every such Debenture with the Duplicate thereof returned, and finding the Debenture to agree with the Duplicate, shall enter the same, or an Abstract thereof in a Book or Registry to be kept for that purpose, and shall attest every such Examination and Entry upon the Debenture, and enter a Duplicate of such Attestation in the Margin over against the Entry or Registry thereof; making an Entry likewise of the name of the person bringing and receiving back such Debenture: All and every of which said Debentures being so given forth, registred and attested as aforesaid, shall be good in Law as Obligations of the Commonwealth, and shall be satisfied to the said persons, their Executors, Administrators or Assigns, out of the Rebels Lands, Houses, Tenements and Hereditaments, or other Lands, Houses, Tenements and Hereditaments in Ireland, in the dispose of the Commonwealth.

Commissioners names.

And it is hereby Enacted and Declared, That Nicholas Domvile, Robert Jeoffries, Robert Harding, Rowland Wilson of the City of Westminster, Gentlemen; John Gay of London Gent. Thomas Dancer of Putney in the County of Surrey Gent. Rowland Oakley and James Standish, be, and are hereby named and authorized to be the Commissioners for execution of the Trusts herein mentioned; and they or any two or more of them are hereby required and authorized to give forth Debentures as is herein before declared; and the said Commissioners and every of them, before they enter upon this Work, shall before the Commissioners of Parliament, or any two of them, take the Oath following; That is to say,

Their Oath.

I A.B. do Swear, That I will, according to my best skill and knowledge, faithfully discharge the Trust committed unto me by an Act of Parliament Entituled, An Act for stating and Determining the Accompts of such Officers and Soldiers as are or have been employed in the Service of this Commonwealth in Ireland so that neither the Commonwealth nor any person concerned in such Accompts may be prejudiced; And I will not for Favor of Affection, Rewards or Gift, or hopes of Reward or Gift, break the same.

The Commissioners allowance for this service.

And the said Commissioners, after they have taken the aforesaid Oath, shall according to the directions of the Commissioners of Parliament, divide themselves into such Provinces, Counties and places, as the Commissioners of Parliament shall judge most convenient for the expediting and furtherance of this Service; And they shall have and receive for their service in the execution of this Act, after the yearly rate or allowance of Three hundred pounds for each of them, for so long time as they shall be actually imployed in this service; That is to say, the one half thereof in ready money by half-year payments (for the payment whereof the Commissioners of Parliament or any two of them, are hereby authorized and directed to give Warrant) out of the Publique Revenue there, and the other half to be satisfied out of the Rebels Lands, Houses, Tenements and Hereditaments, or other Lands, Houses, Tenements and Hereditaments in Ireland, in the dispose of the Commonwealth, in such maner as Debentures given to the Officers and Soldiers as aforesaid shall be satisfied: And the said Commissioners of Parliament or any two of them, shall likewise give to the Commissioners herein named, and every of them respectively, either yearly or half-yearly or otherwise, as they shall think fit, Debentures for that half of their Salary that is to be satisfied out of Lands in Ireland, in the dispose of the Commonwealth as aforesaid.

Thomas Herbert Register; His Salary Five hundred pounds yearly.

And it is hereby further Enacted, That Thomas Herbert Esq; shall be Register, and have the custody of all Duplicates of Debentures, Records, Certificates, Evidences and other Writings, relating to all and every the Debentures that shall be given forth according to this Act, and shall observe the rules and directions herein before given for the safe keeping, Registring and taking notice of all Debentures; and shall before the entry upon this Imployment, take the like Oath, and in like maner as is prescribed to be taken by the Commissioners before named; And for his pains and care therein (for so long time as he shall be imployed) shall have and receive after the rate of the yearly Salary and Allowance of Five hundred pounds; That is to say, the one half thereof in ready money by half-year payments out of the Publique Revenue, and the other half out of the Lands in Ireland, in the dispose of the Commonwealth, in like maner, and by like Warrant and Order as is directed for the payment of the Salary appointed for the Commissioners in this Act named.

Commissioners of Parliament in Ireland to nominate Assistants and Clerks.; to satisfie doubts, and remove obstructions,

And it is further Enacted, That the Commissioners of Parliament in Ireland, or any three of them, shall have, and have hereby power and directions to nominate and appoint such Assistants and Clerks to the Commissioners and Register herein beforenamed, and to allow and pay unto them such Salaries and Allowances as to them shall seem meet. And if any question or difficulty arise upon the taking or stating of any Accompts by vertue of this Act to be taken and stated, wherein the Commissioners herein beforenamed desire explanation, the Commissioners of Parliament, or any two of them, are hereby impowered aad authorized in such cases, for the satisfying of such Doubts, and removal of all Obstructions occasioned thereby, to give rules and directions to the said Commissioners herein beforenamed, who shall observe and follow such rules and directions accordingly.

and to give instructions for stating Accompts for Executors, &c.

And be it further Enacted by the authority aforesaid, That for such Accompts as are to be stated for the Executor, Administrator or Assignee of any person dead or beyond the Seas, whose Oath cannot be had; the Commissioners of Parliament, or any three of them, shall be, and are hereby authorized to give such Instructions to the Commissioners in this Act named, as they shall think fit for the stating thereof, who are hereby authorized and required to proceed in stating such Accompts accordingly.

How Accompts of Officers and Soldiers shall be stated.

And it is hereby further Enacted, That the Accompts of all Officers and Soldiers that shall be taken and determined by vertue of this Act, shall according to the respective qualities and imployments of each Officer and Soldier, be audited, stated and allowed, according to such pay and allowances as were made and allowed by this present Parliament or authority thereof, in and by such Establishments as were made and in force, for the time and place in which such services were performed respectively, if such Establishments can be had and produced: And if such Establishment cannot be had and produced, then according to the allowance of pay setled by the Establishment for pay of the Forces inIreland, at the time of the Lord Lieutenants going thither, in the year One thousand six hundred forty nine.

Commissioners of Parliament authorized to nominate able persons to joyn in this service.; Defalkation of Free-quarter.; The several rates of such Defalkation.

And it is hereby further Enacted, That the Commissioners of Parliament or any three of them, are hereby authorized to nominate and appoint such other able and sufficient persons as they shall finde necessary, to joyn with any of the Commissioners herein named, for the better execution of this Act; which persons so named and authorized by the Commissioners of Parliament, shall have the same power to all intents and purposes, as the Commissioners named in this Act have or ought to have: Provided, That no Salary out of the publique Treasury be allowed to any such persons so nominated by the Commissioners of Parliament. Provided nevertheless, That if in taking and stating any Accompts for Service done in England, or for Service done in Ireland, before the Five and twentieth of March, One thousand six hundred forty nine, the Accomptant shall not acknowledge to have had and received in Provisions and Freequarter, so much as amounts to the proportions defalked for Freequarter in the like cases in England, That then the Commissioners herein beforenamed, shall in the casting up of all such Accompts, leave out the Provisions and Free-quarter acknowledged to be received by such Accomptant, and shall make a state of his Arrear without such Provision and Free-quarter, and then shall defalk for Free-quarter out of the Arrears due to the said Officers and Soldiers, according to the proportions following; That is to say, From every Horseman and Non-commissioned Officers of Horse, twelve pence a day; from every Dragooner and Non-commissioned Officers of Dragoons, nine pence a day; from every Foot-Soldier and Noncommissioned Officers of Foot, four pence a day; from Gunners at two shillings a day, nine pence; from Matrosses and Firelocks, as from Foot-Soldiers; from Gentlemen of Ordnance and all Officers of Horse in the Train, twelve pence a day; from all Artificers of Foot, nine pence; from all Officers in Commission of Foot and Train, and Gentlemen of the Life-guard, one fourth part of their Pay; and from all Officers in Commission of Horse and Dragoons, for themselves and horses, one third part of the Pay due to them: And for the clear Arrear then remaining due, shall give Debenture in maner before directed. Provided also, That there shall not be any allowance made to any general Officer of any Army or Brigade, or to any Staff-Officers of any Regiment, for any Assistants, Clerks or Servants, or to any Officer of Horse or Dragooners for led horses, other or more then what shall appear to be allowed upon Musters, or that shall be upon Oath certified and attested from time to time to have been actually in Service, as is before directed.

No Officer or Soldier who hath deserted the Army, or been cashiered, to have benefit by this Act.; nor those who have revolted.

Provided always, That no Officer or Soldier who hath deserted the Army without leave, or hath been cashiered by Sentence of a Court of War, and was by such Sentence so lose his Arrears, shall have any benefit by this Act, or of any Security thereby given for the payment of Arrears.

Provided also that no Officer or Soldier whatsoever, who have revolted from the Parliament and turned to the Enemy, or after disbanding or discharge from the Parliaments Service went to serve the Enemy against the Parliament, have any benefit by this Act, or any security at all for any Arrears due unto them before such revolt or service of the Enemy as aforesaid.

What Certificates shall not be accepted.

Provided also, That no Certificate from any Officers that have been cashiered for false Musters, plundring the Country, or any cousenage of the State, or that have revolted from the Parliament, or joyned with the Enemies Forces after he served the Parliament, and was not again entertained in the Parliaments Service between the First of August, One thousand six hundred forty and nine, and the First of April, One thousand six hundred and fifty, shall be accepted for sufficient Evidence for any Arrear claimed thereupon, unless the Certificate appear to be made before such Cashiering or Revolting.

Penalty for making or procuring a false Certificate or Oath.

Provided also, and it is further Enacted, That if any Officer or Soldier shall wittingly make, procure or produce a false Certificate or Oath, either for or concerning his own Service or Arrears, or for or concerning the Arrears of any other m the stating thereof as aforesaid, to the prejudice of the Commonwealth, upon discovery and due conviction of such Fraud, every such offender shall not onely forfeit all Arrears due unto him, if any remain due at the time of the discovery, but shall also be lyable to Imprisonment and Sequestration of his Estate to the use of the Commonwealth.

Surcharge.

Provided always, That if any Surcharge can be brought upon any particular Accompt within two years after the Debentures are given, that defalkation shall be made for so much accordingly.

Arrears may be compounded in a gross sum.

Provided also, and it is hereby Enacted, That if any Officer or Soldier shall rather choose and desire to Compound for his Arrears by a gross sum, then to pursue the way herein directed for the exact stating of his Accompts, Then and in all such cases, the Commissioners herein named, or any three of them, are authorized to Agree and Compound with such Officers and Soldiers for all their Arrears: And upon such Agreement and Composition to be made as aforesaid, and approved by the Commissioners of Parliament or any three of them, to give them Debentures for the sum agreed upon in maner following;

Debenture upon such Composition.

Upon Composition and Agreement made with for all his Arrears, there remaineth due from the Commonwealth to him, his Executors, Administrators or Assigns for Service done in Ireland, until the day of the date hereof, the sum of which is to be satisfied to the said his Executors, Adminis trators or Assigns, out of the Rebels Lands, Houses, Tenements or Hereditaments in Ireland; or other Lands, Houses, Tenements and Hereditaments there, in the dispose of the Commonwealth of England.

Commissioners to compound with Executors.

And in case the Composition be made for Arrears due for service both in England and Ireland, the Debenture is to be framed answerably: And the Commissioners herein named, in like maner are authorized to Compound with the Executor, Administrator or Assneige of any Officer or Soldier that is dead or beyond the Seas, to whom Arrears are due, and thereupon to give Debentures accordingly.

Computations of pay, how to be made.

Provided, That no Composition to be made, shall for the Noncommissioned Officers and private Soldiers, of Horse, Foot, Dragoons and Train of Artillery, exceed the proportion of One hundred and sixty days pay for One years service; nor for any Officers in Commission, who have no pay respited on the Publique Faith; nor Gentlemen of the Life-Guard the proportion of One hundred and forty days pay for the like time of service; nor for any Officer in Commission who hath pay respited on the Publique Faith, above the proportion of One hundred and twenty days of their present pay for the like time of service, and all their respited pay that is due unto them: All these Computations of pay to be made according to the allowances expressed in the Establishment of pay for the Forces that went over with the Lord Lieutenant in the year One thousand six hundred forty and nine, without any addition or alteration whatsoever.

An Ordinance appointing a Committee of the Adventurers for Lands in Ireland, for determining differences among the said Adventurers – 16540801

Names of Committee for determining differences among adventurers in Ireland.; To determine lands by lot.; Continuance of Ord.

Whereas the proportions of several Adventurers for Lands in Ireland, have fallen by lot within one and the same Barony, which may occasion some differences among the said Adventurers, in case the total of the escheated Land within such Baronie shall not bee sufficient to answer the proportions of Land allotted to the respective Adventurers; Now for the better composing of any differences that shall fall out, and on the humble desire of the said Adventurers, Bee it Ordained by His Highness the Lord Protector of the Commonweath of England, Scotland, and Ireland, by and with the advice and consent of His Council, That the persons hereafter named, beeing equally chosen and nominated by the body of the said Adventurers: That is to say, Sir Thomas Dacres, Sir John Clotworthy, Alderman Thomas Andrews, Alderman John Fowke, Alderman Samuel Avery, Thomas Ayres, John Blackwell Senr, William Webb, William Hawkins, Charls Lloyd, George Almory, Thomas Barnardiston, John Greensmith, Lawrence Bromefield, Thomas Brightwell, Deputy Hutchinson, Michael Herring, Alexander Jones, John Wood, Thomas Strane, Sir David Watkins, Alexander Bence, Thomas Gower, William Penoyer, Henry Colborne, William Hickhocks, Thomas Vincent, Alderman Foot, James Russell, Alderman Waring, Maurice Thompson, Francis Ashe, John Moyser, John Holland, Edmond Harrison, and Ambrose Moore Esquires, bee, and hereby are impowred and authorised by themselves or any eleven or more of them, or by such others as they or any eleven or more of them shall from time to time nominate and appoint, in such cases where several Lots have been drawn by several persons, of Lands lying in the same Barony, to settle a way and method for determining by Lot, how many and which of the said Adventurers proportions, falling within one and the same particular Barony, wherein the escheated Lands shall fall short of the Allotments, shall bee continued and laid out in such Barony, or how much thereof, and which of the said Adventurers shall take his proportion, or how much thereof elsewhere, according to the Act of Parlament made in that behalf; And the Lord Deputy of Ireland and Council for the time being, are here authorized to settle such persons as shall be so removed in such other places as is provided by the Acts of Parlament in that behalf. And the Committee and Committees hereby authorised are also impowred to settle a method by Lot, for ascertaining the subdivision of Adventurers proportion, that shall continue in all and every the several Baronies according to their respective allotments. And further, That the said Lord Deputy and Council bee, and are hereby impowred and authorized, to hear and determine all differences that shall happen and arise concerning any the premisses, among the said Adventurers or any of them: Provided that this Ordinance shall continue in force for one whole year, from the fift of June last, and no longer.

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.

Ordinance for the raising of Five Thousand Men and Five Hundred Horse for Ireland – 16420705

Next, the Ordinance for the raising of Five Thousand Men and Five Hundred Horse for Ireland was read.

Ordered, that this House agrees to this Ordinance; and that Tho. Ogle, Christopher Burgh, and Henry Skipwith, that were Yesterday excepted against, and conceived to be unfit Persons to be employed as Commanders, shall be here; and, if there appear to be just Cause hereafter to put them out, this House do therein according to Justice.

The Ordinance.

Whereas, the Forces of Horse and Foot, Voluntiers, which shall be sent over into Ireland by Force of an Act made this present Session of Parliament, intituled, “An Act for the speedy and effectual reducing of the Rebels in His Majesty’s Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England,” may, by virtue of the said Act, be raised by the Directions of the Lords and Commons in Parliament assembled; it is therefore Ordered, by the said Lords and Commons, That additional Forces of Five Thousand Foot and Five Hundred Horse Soldiers, Voluntiers, besides Officers, shall and may be forthwith raised, for the aforesaid Expedition; and that, for the better effecting thereof, the several Officers of the Field and Captains hereafter named: videlicet, the Right Honourable Phillip Lord Wharton, Colonel General; Lord Kirry, Tho. Balard, Charles Essex, Wm. Bamfield, Colonels; Jeremy Horton, Henry Shelley, Sir Edward Denny, Adam Cunningham, Joseph Wagstaff, Lieutenant Colonels; Owen Parry, Daniell Goodroeck, Francis Marten, Tho. Ogle, George Hutchinson, Serjeant Majors; Vincent Calmady, Charles Dawson, Edw. Primrose, Wm. Roberts, Jo. Bamfield, Robert Longe, Herbert Blancher, Edw. Allen, George Marrow, Horatio Carey, and Henry Carew, Admondisham Muschamp, Francis Fouke, Constance Ferrer, Robt. Baker, Henry Skipwith, Paul Watts, Tho. Middleton, Sam. Loftus, Christopher Burgh, Elias Struice, Wm. Lower, Peter Murford, Jo. Jenkins, Ricd. Benson, Captains of Foot; and the said Right Honourable Phillip Lord Wharton, Colonel General; Lord Broghall, Sir Faithful Fortescue, Jo. Hurry, Alexand. Nayrne, John Trenchard, Wm. St. Leger, Captains of Horse Troops, and their several Lieutenants, Ensigns, and other Officers, shall and may have Liberty to beat up Drums in all Places within the Kingdom of England and Dominion of Wales, and thereby or otherwise to raise and levy so many Soldiers, Voluntiers, as shall suffice to make up unto every of the said Captains One complete Company; videlicet, every Colonel’s Company One Hundred and Fourscore Men, every Lieutenant Colonel’s Company One Hundred and Fifty Men, every Serjeant Major’s Company One Hundred and Twenty Men; and every Private Company One Hundred and Ten Men; the Colonel General’s Troop Eighty Horse, and every of the other Troop Seventy Horse: All which said several Companies of Horse and Foot make up the Number of Five Thousand Foot and Five Hundred Horse, besides Officers, to be employed in the aforesaid Service.

A Commission from the Lords Justices of Ireland, to disarm all Papists – 16420909

Commission to disarm all Papists in Ireland.

Charles, by the Grace of God King of England, Scotland, France and Ireland, Defender of the Faith, &c. To Our well-beloved Our Mayor of the City of Dublin from the time being, Sir William Anderson Knight, Sir Christopher Forster Knight, Sir William Usher Knight, Sir Philip Percival Knight, John Bysse Esq; Recorder of Our City of Dublin, Richard Barry ofDublin Alderman, Char. Forster of Dublin Alderman, Will. Smith of Dublin Alderman, Will. Bladen of Dublin Alderman,Will. Plunket Esq; Capt. Theodore Schout, Robert Savill Serjeant at Arms, Matthew Ford, Anthony Dopping, Capt. Philip Fernely, Robert Kennedy, John Woodcock, John Pue, Sankey Sulliard, Joshua Carpenter, Brian Jones, Thomas Tallis, William Rowls, Thomas Leigh, Thomas Hill, William Scott, Daniel Forster, Richard Francis, Joseph Hall, Daniel Adrian, Thomas Hooke, Frederick Panchart, Captain Balthazar Creamer, John Wogan, Randal Becket, James Smith, John Fisher, Ralph Bryen, Richard Stone, Robert Davies, Ralph Wallis, Daniel Hutchison, Peter Wybrant, John Hill Merchant,John Norris, Thomas Hawkins, Thomas Windall, Nathanael Neve, and Robert Scarborow, Greeting, Whereas we have taken into our Princely consideration the strange and unusual concourse of Papists to our City of Dublin and the Suburbs thereof; some of them not having formerly dwelt there, and others of them (as well Masters of Families as Servants) having formerly dwelt there, but withdrew themselves into the Country for a time since the present Rebellion began, and of late returned again to the said City and Suburbs, and there all of them now continue as Inhabitants or Sojourners, not only to the needless and exceeding great Burden of the Inhabitants, and disappoinment of the Soldiers, as well in their Lodging, as in the raising of the Price of Meat and other needful Provisions, but also to the Terror of many of our good and loyal Subjects inhabiting in this City and Suburbs thereof, as well in respect of the numbers of those Papists, as in the Advantages observed to be daily thereby gained to the Rebels, as well in frequent Intelligences from our said City, as in Supplies of needful Provisions from thence from time to time. And forasmuch as in these times of open Rebellion, when the Rebels appear in all parts of this our Kingdom in open Arms, with Banners displayed against us and our Royal Authority, we are necessitated to take some extraordinary way whereby to free our said City and good Subjects therein from the Fears and Dangers threatned against us and them, and against the Peace and Safety of this our Kingdom, by that unlimited concourse of People flocking so dangerously to our said City and Suburbs, and for reformation of sundry other Abuses and Disorders in our said City of Dublin and the Suburbs thereof.

Know we therefore, That we, reposing special Trust and Confidence in your sidelity and circumspection, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint you to be our Commissioners. And do hereby give unto you, or any two or more of you, full Power and Authority from time to time, and, as often as you, or any two or more of you shall think fit, to repair to all and every part of the said City and Suburbs; and there, as well by Examination of Witnesses upon Oath, which Oath and Oaths we hereby authorize you, or any two or more of you, to administer, when, and as often as you, or any two or more of you, shall from time to time think fit, as by all other lawful ways and means whatsoever, to examine, search for, enquire, and find out what Arms or Munition are or shall be remaining in any House, Houses, or other place or Places in the said City or Suburbs belonging to any Papists, or in the House or Houses of Protestants whose Wives and Children are Papists. And the same so found out, to enquire bow, when, and where he or they came by them, and all other matters touching and concerning the same, which you, or any two or more of you shall think sit.

And it is our Pleasure, and we do accordingly require and authorize you, or any two or more of you, to seize upon, and take into your hands, or the hands of any two or more of you, all the said Arms and Munition, as also all the Arms of what kind soever, which you, or any two or more of you, shall find any Papist carrying about him, either in his House or Dwelling, or abroad in the Streets, whether he or they be commorant in Town, or Traveller to or from the said City or Suburbs; giving the Party from whom the same shall be so taken, a Note in writing under the hands of you, or any two or more of you, mentioning the particulars and quantity of Arms or Munition, or both so to be taken from him, her or them, to our Use; and that thereupon you, or any two or more of you, cause the same to be delivered forthwith after you shall so seize the same into our store of Arms and Munition at our Castle of Dublin, taking the Clerk of the Stores Hand for receipt thereof, which shall be a good Discharge for you against your said Note or Notes formerly given.

And we also require and authorize you, or any two or more of you, as well by examination of Witnesses upon Oath, as by all other lawful ways and means whatsoever, to examine, search, enquire, and find out what titulary Popish Archbishops, Bishops, Vicars General, Jesuits, Priests, or Friars, or other superstitious Orders of the Popish pretended Clergy, are, or shall be in and about the said City or Suburbs; and them to apprehend and commit to Prison, there to remain until further direction from us, or our said Justices, or other our chief Governour or Governours, and Council of this our Kingdom.

And in like manner to examine, search, enquire, and find out, what Men and Women that are Papists, and what Papists Children, of what Quality or Degree soever he or they be, have come to the said City or Suburbs to reside, sojourn, or any way to continue therein, since Easter last; where they now lodge, and since their coming to Town have lodged, either in the Houses of Papists or Protestants; what their Names and Surnames, and of what Sept or Kindred they be; whence they came; what occasions called them thither; what now detains them there; and all other matters concerning their being there, which you, or any two or more of you, shall think fit. And then that you, or any two or more of you, do command so many of them as you or any two or more of you shall think fit, to depart from the said City and Suburbs, within so many hours as to you, or any two or more of you, shall be thought fit; and not to return back to the said City or Suburbs, without special license from us, or our Justices, or other chief Governour or Governours of this our Kingdom for the time being. And to enjoin all those in whose House or Houses, either Papists or Protestants, such person or persons so to be commanded away do or shall lodge, sojourn or live, that they or any of them presume not thereafter to entertain them or any of them into his or their House or Houses, as they will answer their so doing at their extreme peril.

And we do also require you, or any two or more of you, to cause two Books to be made up, and in one of them to cause to be inserted in writing the Names, Sirnames, and Qualities of all Men and Women, ordinarily Town-dwellers in our said City or Suburbs, as well Matters of Families as Servants, that are Papists; and in the other Book to cause to be inserted the Names, Sirnames, and Qualities of all Men and Women whom you shall so command to depart from this City and Suburbs; and in another part of that Book to insert the Names, Sirnames, and Qualities of all such Men and Women that are Papists, whom you admit to stay, and expressing at their Names for what time their stay is admitted, that so you may upon a new search (wherein we require you to be diligent and frequent) find out whether or no they have exceeded the time limited for their stay.

We do also require and authorize you, or any two or more of you, to charge and command all person or persons whatsoever in the said City and Suburbs, in whose Houses any such person or persons formerly lodged, sojourned, or lived, and to publish and declare to all others whom it may concern, That in case any of the said persons so to be commanded away, shall return again at any time to the said City or Suburbs, or any other Men or Women whatsoever that are Papists, and not resident continually in the said City and Suburbs, without any late intermission, since the first ofOctober last, shall hereafter come to the said City or Suburbs, that then the person or persons to whose House or Houses he, she, or they so returning, shall return or come, do from time to time, and as often as any such shall happen, within two hours after the receipt or entertainment into his, her, or their House or Houses, of any such person or persons, return under his, her or their Hand, unto two or more of you, the Names, Sirnames, Qualities and Conditions of all and every such person or persons so received, lodged, or entertained.

We likewise require and authorise you, or any two or more of you, in like manner, to examine what Victuals, Clothes, Arms, Munition, or other Provisions whatsoever, have been carried, or shall be carried out of the said City or Suburbs forthe relief of the Rebels, and by whom, or who were furtherers and privy thereunto, and what Townsmen or their Servants that are Papists, have been since Easter last admitted into any Horse-Troop, or Foot-Company, or Ward in our pay; and by whom; and in whose Troop, Company, or Ward so admitted; and what Arms of any kind have, are, or shall be sold by any Soldier, Horse-man or Foot-man, to any Townsman or other Inhabitant in the said City and Suburbs; and where the said Arms now are; and what Masters or Mistresses of Families or Servants that are Papists, that formerly resided in the said City and Suburbs, have between the three and twentieth of October and the first of April last withdrawn themselves into the Country, and having continued there a while, returned again to live in the said City and Suburbs. And if, upon Examination, you, or any two or more of you, shall find them, or any of them, to have been with the Rebels, to cause all such to be apprehended and committed to Prison, and to certifie their Names under the Hands of you, or any two or more of you, to our Justices, or other our chief Governour or Governours and Council of this our Kingdom; and what else shall appear unto you concerning them.

And we also require and authorize you, or any twelve or more of you, to view all the thatch’d Houses and Cabins in and about the said City and Suburbs, and to give six days warning to the Possessors of such the said thatch’d Houses and Cabins, as you, or any twelwe or more of you, shall find to be dangerous to the Safety of the said City and Suburbs, and therefore ought necessarily to be removed or pulled down, to remove or pull them down: Wherein if they fail, then and in such case, you, or any twelve or more of you, are to cause such of the thatch’d Houses and Cabins to be removed and pulled down, as you, or twelve or more of you, shall find not to have been pulled down by the Possessors within the said six Days, according to the said warning given.

And in case you, or any two or more of you, shall find any person or persons disobedient to your Commands in and concerning the execution of the Premises, or any part thereof, we do in such case authorize you or any two or more of you, to commit to Prison such persons or persons, when, and as often as there shall be just Cause; and afterwards to release such person or persons, when you, or any two or more of you shall think fit. And for the better and more full and due performance of these Services, It is our Pleasure, and we do hereby authorize you, or any two or more of you, as aforesaid, to administer from time to time an Oath or Oaths to any person or persons, Witnesses touching or concerning all or any the Points, Clauses, Articles, Authorities or Commands in these presents above-mentioned; And that you, our Commissioners, do divide your selves in and throughout the said City and Suburbs, into several Limits, Streets and Parishes; and so to proceed in the execution of the premisses, either all together or severally, as you shall find cause; And that you be frequent, at least weekly, or oftner if you find cause, in the Searches, Examinations, and other Services by these presents committed to your Trust.

And we require all Mayors, Sheriffs, Justices of the Peace, and all other our Officers, Ministers, and loving Subjects whom it may concern; and particularly, all Colonels, Commanders, Officers and Soldiers of our Army, to be unto you, or any two or more of you, alwaysaiding, helping and assisting in the due execution of the premisses from time to time, as there may be occasion. And we require you from time to time to give an account of your Proceedings to our Justices, or other our chief Governour or Governours of this our Kingdom for the time being. And this our Commission is to continue inforce during our Pleasure. Witness our right trusty and well-beloved Cousellors Sir William Parsons Knight and Baronet, and Sir John Borelase Knight, our Justices of our said Realm of Ireland. At Dublin the ninth day of September, in the eighteenth Year of our Reign. Carleton & Exham.

An Act for the Attainder of the Rebels in Ireland – 16570626

Whereas, by the Blessing of God upon the Forces of this Commonwealth, The Rebellion begun in Ireland, the three and twentieth of October, 1641. Is, and is hereby Declared to be Appeased and Ended, and to have been Appeased and Ended, and the Rebels subdued on the 26 of September, 1653. and whereas through the Bloody Cruelty of the said Rebels, in the Slaughter of many such as might have proved the Rebellion of divers of the said Rebels, the same is become very difficult to be proved against some particular persons; And whereas many of the said Rebels are now dead, some in the fury of the Rebellion, and others since, by reason whereof, no Conviction or Attainder can be had of them by the ordinary proceedings at Law; whereby his Highness the Lord Protector, the Adventurers for Lands in Ireland, and the Officers, and Souldiers; And others, for whose satisfactions, the Lands and Tenements of the said Rebels have been assigned and appointed (by authority of Parliament) may be Entituled, Setled, and Quieted in the Seizing and Possession thereof.

17. Car.

And whereas by one Act of Parliament made in the seventeenth year of the late King Charls, and in the year of our Lord, One thousand six hundred fourty one, Entituled, An Act for the speedy and effectual Reducing of the Rebels in his Majesties Kingdome of Ireland, to their obedience to his Majesty and the Crown of England, It is Enacted and Provided, (amongst other things) that all such Right, Title, Interest, Use, and Possession, which the said Rebels, or any of them, on the said three and twentieth of October, One thousand six hundred fourty one, had, or afterwards should have, in, or to any Lands, or other Hereditaments, should be forfeited and lost to the Kings Majesty, and should be Deemed, Adjudged, Vested, and taken to be in the real and actual possession of the said King, his Heirs and Successours, without any office, or inquisition thereof to be found; and whereas the said Rebellion was begun, and principally fomented by persons of the Popish Religion; And whereas by the said Act, it is further Enacted, That every person, which after the first day of March, One thousand six hundred and fourty, should make, enter into, or take any Compact, Bond, Covenant, Oath, or Agreement, to introduce, or bring into the said Realm of Ireland, the authority of the See of Rome, in any case whatsoever, to maintain, or defend the same, should (by vertue of the said Act) forfeit unto his said Majesty, his Heirs and Successours, all his Lands, Tenements and Hereditaments.

12 August, 1652; Persons adjudged Rebels and attainted.

And whereas afterwards by an Act of Parliament, Entituled, An Act for the setling of Ireland, It is Enacted, That all persons of the Popish Religion, residing in Ireland at any time, from the first of October, One thousand six hundred fourty one, who had not manifested their constant good affections to the Interest of the Commonwealth of England, should forfeit, as in, and by the said Act is contained and expressed; And in an Article or Qualification of the said Act, There is Provision made for all such of the Popish Religion, as have manifested their constant good affection to the Interest of the Commonwealth of England; And whereas, since the publication of the said Act in Ireland, and in pursuance thereof, there have been divers Proclamations or Declarations made, and published by the authority there, whereby time, place, and persons have been assigned for the allowing of the benefit of the said Act, to such of the Popish Religion as should prove their said good affection, which some of them have done, and thereby have obtained the benefit of the said Qualifications, but others (conscious of their own guilt) have neglected the observance of the said Act, and Proclamations or Declarations, whereby they have rendred themselves persons, justly to be concluded guilty of the said Rebellion; Now to the intent and purpose, That his Highness the Lord Pro tector, the said Adventurers, and other persons aforesaid, may be Entituled, Setled, and Established in the said Lands, and Tene ments, according to the true intent and meaning of certain Acts and Ordinances of Parliament heretofore made in that behalf: Be it Enacted by his Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, and by this present Parliament, and the authority of the same, That all and every person and persons, who were living on the said three and twentieth day of October. One thousand six hundred fourty one, or at any time since, named, or excepted by name from pardon for Life and Estate, in and by the said Act for the setling of Ireland, who have not compounded for their Delinquency, upon and according to his Highness Ordinances of the first of August, and second of September, One thousand six hundred fifty four And all and every other person and persons of the Popish Religion, who have not manifested their constant good affection, and the constant good affection of such Ancestors, from whom any Estate hath descended to them, since the year one thousand six hundred fourty one, to the Interest of the Commonwealth of England, and already proved the same, and obtained Judgement thereof before such persons as have been authorized to that purpose; And all and every other person and persons who were living on the said three and twentieth of October, One thousand six hundred fourty one, or at any time since, whose Estates, or any part thereof have been given forth, Assigned, or Disposed to any person or persons by the late Commissioners of the Commonwealth in Ireland, or by the Lord Deputy and Council there, or by his Highness the Lord Protectors Council for the Affairs of Ireland, or by any authority from, or under them, or either, or any of them; And all, and every person or persons, who were living upon the said three and twentieth of October, One thousand six hundred fourty one, or any time since, who in, or by the return or answer of, or upon any Order, Direction or Warrant of the late Commissioners for the Affairs of Ireland, or of the Lord Deputy and Council in Ireland, or of any other by them, or any of them Deputed or Authorized thereunto, or who in or by the return or answer of or upon any Commission of Survey, or Inquiry, commonly called, The Civil Survey, or in, or by the return or answer of or upon any other Commission of Survey and Inquiry, Office, or Inquisition already made at any time since the said Rebellion, is, or are set down, returned, or expressed to be of the Popish Religion, Recusants, Popish Recusants, Papists, Romane Catholiques, or a Recusant, Popish Recusant, Papist, or Romane Catholique, or to have forfeited his or their Estate or Estates, and all and every person and persons, who have been Transplanted, or by any Act, Ordinance, Commission under the Great Seal, or Instructions are Transplantable into Connought, or the County of Clare, shall stand, and be, and is, and are hereby declared and adjudged Rebels, guilty of the said Rebellion, and convicted and attained of high Treason.

Fofeitures by this attainder.

And be it further Enacted and Declared, That all and every of the said person and persons so excepted by Name from Pardon, who have not compounded as aforesaid; And all and every person and persons aforesaid, of the Popish Religion, who have not proved and obtained Judgement as aforesaid, of their, or their Ancestors constant good affection; And all, and every of the said Person and Persons, whose Estates or any part of whose Estates have been Assigned or Disposed to any other, or others as aforesaid; And all, and every other the Rebels and persons by this Act attainted of high Treason, have hereby lost and forfeited, and shall by the authority of this Act be deemed and adjudged to have lost and forfeited, and to lose and forfeit to the Commonwealth, to the intents and purposes aforesaid, from the said three and twentieth of October, One thousand six hundred fourty one, all and every such Honours, Baronies, Territories, Counties, Castles, Mannors, Messuages, Lands, Tenements, Possessions, Rents, Reversions, Remainders, Rights, Uses, Conditions, Interests, Offices, Fees, Annuities, and all other Hereditaments, Chattels, and other Estates whatsoever, which they, or either, or any of them, or any other person or persons, to their, or any, or either of their use or uses, or in trust for them, or any, or either of them, hath, have, or had on, or at any time since the said three and twentieth of October, One thousand six hundred fourty one; And also to have lost and forfeited as aforesaid, all Honours, Dignities, Places, Offices and Preferments whatsoever.

To what this Act shall not extend..

Provided, That this Act, or any thing therein conteyned, shall not extend to make void the Estate of any Protestant, that was at the beginning of the Rebellion a Protestant, and ever since continued so, their Heirs, Executors, or Administrators, who have adhered to the Parliament, or been pardoned, or admitted to Composition by any of His Highness said Ordinances of the first of August, or second of September, One thousand six hundred fifty four, which ought rightfully to descend upon them, from any the said persons hereby Attainted and Convicted, or which have been setled in the said Rebels, or Papists, or any of them in Trust onely, to, and for the use of the said Protestants, nor to the making void of any Estate, of Inheritance, Free-hold, or Lease, which hath been by any of the said Protestants Adhering to the Parliament, for valuable considerations purchased, or taken before the said three and twentieth of October, One thousand six hundred fourty one, of any of the said person or persons hereby Attainted or Convicted, or upon like valuable consideration Mortgaged before that time to the said Protestants, or to any person or persons in trust for them, for satisfaction of Debts owing unto them, nor to the making void the Estate of any persons, who have proved their Rights, and obtained Judgement, or Decree for the same, from, or by the late Court for Adjudication of Claims in Ireland.

Proviso for the Countess of Ormond and her children.

Provided also, That this Act, or any thing therein contained, shall not be prejudicial to Elizabeth Countess of Ormond, or any of her children for any Mannors, Lands, or Hereditaments, which were heretofore the Inheritance of the said Countess, and were allowed, or Decreed to her and her children, or any of them by the said late Court for Adjudication of Claims in Ireland; And whereas there have been divers Declarations, and Proclamations made and published in Ireland, That all persons of the Protestant Religion, that had any Estate, Possession, Right, Title, Interest, Demand, or Incumbrance whatsoever, in, to, upon, or out of any of the said Rebels Lands, or other Hereditaments whatsoever within the ten Counties, in certain Instructions to Charls Fleetwood Esq; Lieutenant General of the Army in Ireland, Edmund Ludlow Esq; Lieutenant General of the Horse, Miles Corbet Esq; and John Jones Esq; to that end mentioned, and within the County of Lowth, should make and prove their Claim unto the same, as by the said Proclamations, or Declarations is, and hath been required: Notwithstanding which, divers of the said persons have not Prosecuted their Claims to Judgement.

Time to make good claims formerly entred.

Be it therefore Enacted, That all and every person and persons, Bodies Politique and Corporate, their Heirs and Successors, and the Heirs and Successors of every of them, and all and every other person and persons, claiming by, from, or under them, or any of them, or to their, or any of their uses, or in trust for them or any of them, (other than such person and persons, and the Heirs and Assigns of such person and persons, who are by this Act Convict and Attainted, or whose Estates are hereby declared to be forfeited as aforesaid) who upon the said three and twentieth day of October, One thousand six hundred fourty one, had any Lawfull Estate, Right, Title, Interest, Use, Possession, Reversion, Remainder, Office, Annuity, Rent, Common, Debt, Demand, Charge, or Incumbrance whatsoever, of, in, to, upon, or out of any Honours, Castles, Mannors, Messuages, Lands, Tenements, Rents, Reversions, Remainders, Uses, Possessions, Offices, Rights, Conditions, or any other Hereditaments or Things whatsoever, within the said eleven Counties aforementioned, lost and forfeited, or to be lost and forfeited by this Act or by any other Act or Acts, Ordinance or Ordinances of Parliament; And who before the three and twentieth day of October, which was in the year One thousand six hundred fifty four, have made, put in, and entered his or their claim or claims thereof, before such person or persons, as at any time before the said three and twentieth day of October, One thousand six hundred fifty four, were authorized to receive the same, not having already obtained judgement in that behalf from the said Court of Claimes, or his Highness Court of Exchequer in Ireland, shall by himself or themselves, his or their Guardian or Guardians, next Friend or Friends, lawfull Attourney or Attourneys, on or before the first day of December, One thousand six hundred fifty seven, prove, and make the Truth and Reality of such Estate, Right, Title, Interest, Use, Possession, Reversion, Remainder, Office, Annuity, Rent, Common Debt, Demand, Charge, and Incumbrance whatsoever, to be and appear, and to be adjudged lawfull before the Chancellour and Barons of his Highness Exchequer in Ireland.

Proviso for William Halsey and his wife, 23. June 1654.

Provided that this Act nor any thing therein contained, nor the Ordinance of his Highness and Council, of the three and twentieth day of June, One thousand six hundred fifty four, appointing the claims of Protestants in Ireland, to Lands, Tenements and Hereditaments in the eleven Counties, to be entered and determined by a certain day in the said Ordinance prefixed) shall exclude William Halsey Esq; and Alice his wife, from entring their claim in the Court of Exchequer, to such Lands, Tenements and Hereditaments, as are now in their possession within the said eleven Counties, so as, the same be entred and prosecuted within twelve moneths after the passing of this Act.

Time to enter claims to lands in any County in Ireland other then the eleven Counties.

And be it further Enacted by the Authority aforesaid, That all and every person and persons, Bodies Politique and Corporate, their Heirs, Executors, Administrators, and Successors, (except the said persons hereby Convict or Attaint, or forfeiting as aforesaid) who on the said three and twentieth of October, One thousand six hundred fourty one, or at any time since, had any lawfull Right, Title, Interest, Possession, Reversion, Remainder, Office, Annuity, Rent, Common, Debt, Demand, Charge and Incumbrance whatsoever, in, to or out of any of the Houses, Mannors, Castles, Lands, Tenements, or Hereditaments hereby forfeited as aforesaid, lying and being in any other County or Counties in Ireland, (besides the said eleven Counties before mentioned) shall, and may, and are hereby Authorized to exhibite his and their respective claim and claims to the same, within such time, and before such Judges, as the Chief Governour or Governours of Ireland, and the Council there shall appoint or declare; and shall prosecute his and their said claims to Judgement or Decree, within such time as the Chief Governour or Governours of Ireland, and the Council there shall appoint and declare, (Provided such time for the perfecting of the said claims, exceed not the first of June, One thousand six hundred fifty eight) who are hereby authorized and required to make the abovesaid appointments and Declarations accordingly.

Lands shall be enjoyed according to the judgement on the Claims.; Estates not claimed shall be null.

And that all and every such Claimant and Claimants, as well without as within the said eleven Counties, their Heirs, Executors, Administrators and Successors, after such Judgement or Decree upon his and their said Claimes obtained, shall and may peaceably and quietly enter into, have, hold and enjoy all and every such Houses, Mannors, Castles, Lands, Tenements and Hereditaments; so to him and them adjudged and Decreed, according to such Estate, Interest and Term, as is or shall be, in and by his and their respective Judgement or Judgements, Decree or Decrees, mentioned, expressed and declared; And in case any of the respective person or persons, who have such Right to claim as aforesaid, shall neglect to put in, or exhibite his or their said respective claim or claims, (or having put in or exhibited the same) to prosecute the same to Judgement or Decree within the respective times to him and them, to those ends and purposes severally limited and appointed, as aforesaid; That then and from thenceforth all and every the said Estate, Right, Title, Interest, Use, Possession, Remainder, Reversion, Office, Annuity, Service, Rent, Common, Debt, Charge and Incumbrance, which every such person or persons had and might have claimed, obtained and enjoyed as aforesaid; shall be, and are hereby discharged, extinct, made null and void: And the said Honours, Castles, Mannors, Messuages, Lands, Tenements, Hereditaments, and all and every the Premises, shall stand and be for ever, after the said several daies thereunto severally limited and appointed, for Exhibiting and Trial of the said Claims as aforesaid, Acquitted, Freed and discharged thereof.

Persons comprized within articles shall enjoy the benefit of them.

Provided alwaies, and be it Enacted by the Authority aforesaid, That all and every person and persons in Ireland, who have been comprized within any Articles granted or agreed unto, by any Commander of the Parliaments Forces, or others thereunto Authorized by the Parliament, shall nevertheless enjoy the benefit of the said Articles, as in and by the said Act, Entituled, An Act for the setling of Ireland is Declared.

Persons transplanted.

Provided also, That all and every person and persons of the Popish Religion, who are transplanted into Connaught or Clare, and have had any proportion or proportions of Land there, set forth unto them by vertue of the said Act, for the setling of Ireland, (except Priests, Jesuits and other persons in Orders, by Authority of the See of Rome) shall enjoy, and they and their respective Heirs, Executors, Administrators and Assigns, are hereby enabled to have, hold, possess and enjoy the same, or so much thereof, as to them respectively of right belongeth, by their respective qualefications in the said Act mentioned, for and during such Estate of Inheritance, Freehold, Number of years or Lives, as they respectively had in the said Lands, from which they were transplanted.

Such as have not transplanted them selves, or shall not within three moneths, shall forfeit the benefit; heretofore intended them.

Provided nevertheless, That if any person or persons within any of the aforementioned Qualifications, and who are hereby attainted, not being thereunto Licensed by publique Authority, have not yielded obedience to the said Declarations, nor removed themselves and families, at or before the four and twentieth of September, One thousand six hundred fifty seven, into the Province of Connaught, or County of Clare, or shall not transplant them selves and families, according to the intent and meaning of such Declarations, within three Moneths after the publication thereof, the said person and persons, and every of them, so offending as aforesaid, and the Heirs of them, and every of them shall for ever forfeit the Favour, Mercy, and Benefit, heretofore intended and held out to them, by the said Declarations, and by an Act of State, Entituled, Further Instructions to Charls Fleetwood Esq; Lieutenant General of the Army in Ireland, Edmund Ludlow Esq; Lieutenant General of the Horse, Miles Corbet Esq; and John Jones Esq; bearing date the second day of July, One thousand six hundred fifty three, and shall be liable to all and every the Penalties in this Act mentioned, and which, according to the Law, are due to be inflicted on Rebels, and Traytors, and shall be and are hereby utterly disabled, to Claim, Inherit or Enjoy any Lands, Tenements or Hereditaments, in the said Province, or elsewhere in Ireland, Any thing in this Act to the contrary notwithstanding.

Persons not within one of the four first Qualifications, shall not suffer death by force of this Act.

Provided also, That no person whatsoever, shall suffer the paines of death by force of this Act (other then such person or persons who are comprized within some, or one of the four first Qualifications, conteined in the said Act for the setling of Ireland. And whereas by the said Instructions bearing date the second of July, One thousand six hundred fifty three, Entituled, Further Instructions unto Charls Fleetwood Esq; Lieutenant General of the Army in Ireland, Edmund Ludlow Esq; Lieutenant General of the Horse, Miles Corbet Esq; and John Jones Esq; there are several powers given to the said Charls Fleetwood, Edmund Ludlow, Miles Corbet, and John Jones, in order to the safety and settlement of Ireland, to remove and transplant into the Province of Connaught and County of Clare, all and every such person or persons, as were comprehended and mentioned in any the Qualifications in the said Act, Entituled, An Act for the Setling of Ireland, which Powers the said persons so authorized, have by their several Orders, Commissions, and Declarations pursued, and put in Execution; And whereas the Children, Grandchildren, Brothers, Nephews, Uncles, and next pretended Heirs, and other active Kinred of the said persons, attainted as aforesaid, do remain in the Provinces of Leynster, Ulster, and Munster, (besides the said County of Clare) having little or no visible Estates or Subsistence, but living idly, and Coshering upon the common sort of people, who were late Tenants to, or followers of the respective Ancestors of such Idle and Coshering persons, waiting an opportunity (as may be justly supposed) to massacre and destroy the English, who as Adventurers and Souldiers, or their Tenants, are set down to Plant upon the several Lands and Estates of the said persons so Attainted as aforesaid; For prevention of the dangers and inconveniences which may ensue thereupon.

Children and Kinred of persons Attainted, shall transplant themselves within six moneths.; And not to return without licence.; Offenders to be apprehended and committed.; Persons convicted shall be banished.

Be it further Enacted by the authority aforesaid, That all and every the said Children, Grand-children, Brothers, Nephews, Uncles, next pretended Heirs, and other active kinred, of all and every the said persons Attainted as aforesaid, except such as were Protestants on the three and twentieth of October, One thousand six hundred fourty one, and have ever since so continued, or such Papists who have made proof of their constant good affection, shall, within six moneths next ensuing the publication of this Act in Ireland, Remove and Transplant themselves and Families into the said Province of Connaught and County of Clare, or one of them there to remain and inhabit, and not to return into any of the said Provinces of Leynster, Ulster, and Munster, (except the said County of Clare) without licence from the chief Governour or Governours of Ireland for the times being: And if any the said person or persons so Attainted, or any of his or their Children, Brothers, Nephews, Uncles, next pretended Heirs, or other active Kinred, (except before excepted) shall at any time after the end of the said six Moneths next after the publication of this Act in Ireland, be found in any of the said Provinces of Leynster, Ulster, and Munster, (except the said County of Clare) That then, and in every such case, the Lord Deputy and Council, or other the chief Governour or Governours of Ireland, for the time being, and are hereby authorized and required, to cause all and every such person and persons so offending, to be apprehended and committed to the Common Goal for the respective County or Counties, where the said person or persons so offending shall be found, there to remain without Bail or Mainprize, untill the next Goal-Delivery, or General Sessions of the Peace, which shall first happen to be held for the said County or Counties; And the Justices of Assize, or Goal-Delivery, as also the Justices of the Peace, in their General Quarter Sessions of the said County or Counties, where such person or persons shall stand Committed as aforesaid, are hereby Authorized, to Hear and Determine all and every the said Offence & Offences, For which they shall so stand Committed, And upon Conviction of the said person or persons so offending as aforesaid, him or them to condemn to perpetual Banishment, and him or them so condemned to remand unto, and continue in Prison without Bail or Mainprize, untill he or they so Convict as aforesaid, shall, by Order of the said Lord Deputy and Council, or other the Chief Governour or Governours of Ireland, for the time being, be sent into America, or some other parts beyond the Seas, in pursuance of the said sentence of Banishment, which the said Lord Deputy and Council, or the Chief Governour or Governours for the time being, are hereby Authorized and required to put in Execution accordingly.

Persons banished and returning without license shall be adjudged Felons.

And be it further Enacted by the Authority aforesaid, That if any such person or persons so convict, banished and sent beyond the Seas as aforesaid, shall at any time after such his or their being so disposed of into banishment, return into any part of the Commonwealth of England, Scotland, and Ireland, without license, under the great Seal of England, for such his or their Return; That then every such person and persons so returning without license as aforesaid, shall be, and is, and are hereby declared and adjudged to be guilty of Felony, and upon conviction, shall for the same suffer the pains of death as Felons by vertue of this Act, without benefit of Clergy.

Contracts with Irish Papists not guilty of the Rebellion since July 1. 1647. and before the 12. of August 1652. to be determined by the Lord Deputy and Council.

And whereas divers Leases, Bargains and Sales, have been made for valuable considerations, since the first day of July, One thousand six hundred fourty seven, and before the twelfth of August, One thousand six hundred fifty two, by several of the Inhabitants of Dublin, and other English in Ireland, with Irish Papists not guilty of aiding, advising, assisting, or abetting the Rebellion in Ireland, which Estates or Interests have been, and are in the quiet and constant possession of the Purchacer, ever since such bargain, And whereof the said Purchacer hath ever since received the profits: The Lord Deputy and Council of Ireland, or any three or more of them, are hereby authorized and required, to hear and determine all claims made by any of the said English, by vertue of such Bargains; and to give such sentence concerning the same, as to them shall seem just, and agreeable to Law and good conscience, which sentence and determination, shall be final and conclusive to all parties concerned, any thing in this Act to the contrary in any wise notwithstanding. Provided such sentence or determination be made before the first of June, One thousand six hundred fifty eight.

Persons hereby attainted may claim lands in Connaught allotted to his or their Ancestors.

Provided also, That all and every person and persons, before by this Act attainted of High Treason, shall, and are hereby restored to their several and respective bloods and Lineages, and be enabled to make his and their respective conveyance or conveyances, pedigree or pedigrees, Demand or Demands, claim or claims, title or titles, by descent, lineal or collateral, from, by, and under his and their Father or Fathers, Grand-father or Grandfathers, and other his or their Ancestors or kinred respectively, for and to all manner of Lands, Tenements and hereditaments, which were given, laid out, allotted or assigned to them or either of them, or any other person or persons in trust for them, or either of them respectively, or for their Wives or Children, or the Heirs, Executors, Administrators or Assigns of such person or persons respectively, to whom such Lands were so allotted or assigned, in the Province of Connaught, or County of Clare, or either of them, and not elsewhere; And that they and every of them, his and their Heirs, Executors, Administrators and Assigns respectively, shall, and may quietly and peaceably enjoy the same accordingly, Any thing in this Act to the contrary contained notwithstanding.

This shall not extend to goods or chattels personall.

Provided also, That the persons aforesaid by this Act attainted, nor any of them shall be adjudged or deemed attainted of high Treason, as to the forfeiture of their respective Goods and Chattels personal, but that they and every of them respectively may enjoy and dispose of their said Goods and Chattels personal, by any Act done or to be done by them, during their respective Lives, or by their last Wills and Testaments, And that their Executors, Administrators, Devisees, Children or Kinred, shall, and may have and enjoy the same according to the Law, any thing in this Act contained to the contrary notwithstanding.

This not to extend to Popish Recusants not guilty of the Rebellion &c.

Provided alwaies, That this Act or any thing therein contained, do not extend nor shall be construed, deemed or adjudged to extend to the Attainder or prejudice of any Popish Recusant of this Nation of England, who hath not acted in, aided or abetted the said Rebellion in Ireland, nor was resident in Ireland at any time from the first of October, One thousand six hundred fourty one, to the first of March, One thousand six hundred and fifty, any thing in this Act contained to the contrary in any wise notwithstanding.

Proviso for Henry Lord Herbert.

Provided alwaies, That this Act or any thing therein contained, shall not be prejudicial to Henry Somerset Lord Herbert, but that he the said Henry Lord Herbert, and the Heirs of his Body, shall and may from and after the death of Edward Earl of Worcester his Father, have, hold and enjoy all Honours, Dignities, and Titles of Honour, which belonged to Henry Earl of Worcester his GrandFather, or to the said Edward Earl of Worcester his Father, in, or before the year One thousand six hundred and fourty, as fully and amply, as if the said Earl of Worcester had never committed any Treason, or been attainted, and that this Act, or any attainder of the said Earl of Worcester, shall not extend to make any corruption of blood of the said Henry Lord Herbert, or the Heirs of his body.

Papists of Youghall, Cork, Kinsale.

Provided alwaies, and be it further Enacted by the authority aforesaid, that this Act shall not extend to any person or persons of the Popish Religion of the Towns of Youghall, Cork, and Kinsale, or any of them, in the year One thousand six hundred and fourty, their Heirs and Widows, as have not aided, assisted, or abetted the Irish Rebels in Ireland, and shall be adjudged to fall under the eighth Qualification of the Act for the setling of Ireland, but that the said Natives and Inhabitants, their Heirs and Widows, and every of them, be exempted from personal Transplantation into the Province of Connaught, or County of Clare; And that Commissioners be forthwith appointed and authorized by the Council of Ireland, to examine and adjudg how many of the said Natives or Inhabitants, their Heirs or Widows, fall under the said Qualification, and what proportions of Land they, and every of them ought to have and enjoy, in pursuance of the said Act of settlement, and that the said Commissioners, or such others as the said Council shall on that behalf appoint, and they are hereby authorized and required to set out, and apportion to the said Natives and Inhabitants, their Heirs and Widows respectively, in satisfaction of their respective Decrees so to be had, and obtained from the said Commissioners, such forfeited Lands in the Baronies of Barrymore, and Muskery, or either of them, in the County of Cork, as are two miles distant at least from any walled Town or Seaport, anything in the said Act of Settlement, or in any other Acts, Ordinances, or Instructions contained to the contrary notwithstanding.

Surveys &c. to be placed in the Exchequer in Ireland. Forfeiture for not bringing them in.

Provided also, That all the Surveys, or Civil Surveys, or other Returns so called, and all Books, Maps, Plots of Survey, and all other Writings and things concerning the Surveying, Admeasuring, Distribution, and Disposing of the Rebels, Delinquents, and Papists Lands in Ireland, which are, or were in the hands of the Surveyor General, or any other person or persons whatsoever, shall within three moneths after the publication of this Act in Ireland, be brought into, lodged and placed in his Highness Court of Exchequer in Ireland, there to remain of Record for the service of the Commonwealth; And if any person or persons shall have in his or their custody, or the custody of any other, any of the said Surveys, Maps, Books, or particulars aforesaid, and shall not bring into the said Court, within the time afore limited, the said Surveys, and other the particulars aforesaid, shall on their conviction thereof in the Court of Upper Bench in Ireland, forfeit one hundred pounds, to the use of his Highness and his Successors, and be imprisoned without Bail or Mainprize, until he or they shall bring in the same, undefaced, and unabused.

Lands to be setled on the Provost and Burgesses of Bandonbridge.

And be it further Enacted by the authority aforesaid, That the chief Governour or Governours of Ireland for the time being, and the Council there, in the absence of the chief Governour or Governours of Ireland, be, and they are hereby authorized and required, to set out, and cause to be setled on the Provost and Burgesses of the Town of Bandon-Bridge in the County of Cork in Ireland, such or so much of the Lands, Tenements, and Hereditaments in the County of Cork, formerly belonging to Irish Rebels, as the said Provost and Burgesses are now possessed of, as Tenants to his Highness and this Commonwealth, and as do not exceed the yearly value of two hundred pounds, as the same were worth to be let in the year, One thousand six hundred and fourty, to have and to hold the said Lands, Tenements and Hereditaments to the said Provost and Burgesses, and their Successors for ever, for, and towards the support of the publique Charges, and publique Offices in the said Town, as also in consideration of the good and faithfull service done by the Inhabitants of the said Town against the Rebels in Ireland, in the late Rebellion there, and in full discharge of all moneys lent by the Corporation of the said Town of Bandon-Bridg, upon the publique faith.

Nichol. Barnwell.

Provided alwayes, That if Nicholas Barnwell of Turvy, shall at any time before the First day of December, which shall be in the year of our Lord, One thousand six hundred fifty and eight, make appear his constant good affection to the Interest of the Parliament in Ireland, before such persons, and in such manner as heretofore hath been appointed, for the receiving and judging claimes there, or before his Highness and the Council in England, and obtain Judgement or Declaration thereupon: This Act or any thing therein contained shall not extend to attaint the said Nicholas Barnwell, not to make forfeiture of the Estate of the said Nicholas Barnwell, in any Lands, Tenements, or Hereditaments; But that the Rights Interest and Claim of him the said Nicholas, his Heirs and Assignes, in and to the same, remain and continue such, and no other, then as if this present Act had not been had nor made; Any thing in this Act to the contrary hereof in any wise notwithstanding.

Tibbot Roche

Provided alwayes, and be it further Enacted, That nothing in this, or any other Act contained, shall extend to the Attainder or Transplantation of Tibbot Roche, son of Ulikes Roche of Balimagoolye in the County of Cork, (which said Uliks constant good affection hath been proved before the Judges of Claimes at Athlone and the said Tibbot brought up in the Protestant Religion) but that the said Tibbot may quietly and peaceably enjoy all the Lands and Hereditaments, which have been proved before the said Judges of Claimes at Athlone, to be the Legal Right and Inheritance of the said Tibbot Roche.

Source: Acts and Ordinances of the Interregnum, 1642-1660 (1911), pp. 1250-1262.

Act of Settlement – 16570609

An Act for the assuring, confirming, and setling of Lands and Estates in Ireland

Former Instructions and Acts concerning Lands and Estates Ireland recited

Whereas by a Commission under the Great Seal of England, and Instructions thereunto annexed, Entituled, A Commission and Instructions to Charls Fleetwood Esquire, Lieutenant General of the Army in Ireland, Edmund Ludlow Esquire, Lieutenant-General of the Horse, Miles Corbet Esq; and John Jones Esquire, Impowering them to cause all the Lands therein mentioned to be forfeited to the Commonwealth, to be forthwith surveyed, in order to the satisfying of Adventurers for Ireland, and Arrears of Officers and Soldiers and for the Setling and Planting of Ireland with security to the Inhabitants, and such as shall plant the same, the said Commissioners therein named, are thereby Authorized to cause the said forfeited Lands to be surveyed accordingly: And whereas by further Instructions, Entituled, Further Instructions unto Charls Fleetwood Esquire, Lieutenant General of the Army in Ireland, Edmond Ludlow Esquire, Lieutenant General of the Horse, Miles Corbet Esq; and John Jones Esq; the said Commissioners are thereby further Authorized and required, for the better security of all those parts of Ireland which were to be planted with English Protestants, and to the end that all persons in Ireland who had right to Articles, or to any Favour or Mercy held forth by any the Qualifications in an Act of Parliament, Entituled, An Act for the setling of Ireland might enjoy the benefit intended unto them respectively, to publish and declare, That all and every the said persons which had such right to Articles, or to any Favour or Mercy held forth by any the said Qualifications, should before the first day of May 1654. remove and transplant themselves into the Province of Connaught and County of Clare, or one of them, there to inhabit and abide, and to have set forth to them and every of them respectively, such Proportions of Land, and for such Estates and Terms, and under such Conditions, Reservations and Covenants, as should be answerable in value unto so much of his and their Estates, as by such Articles or Qualifications he or they were to enjoy in such place and manner, as the said Commissioners, or such as they should Authorize, should appoint or direct; And to that end the said Commissioners were likewise Authorized and Impowered to nominate Commissioners under them, and to Autho rize them to allot to any such person or persons, who by Articles granted unto them, or by vertue of any the said Qualifications, were to enjoy any part of their Estates, a like proportion of Land by measure, or in value in the said Province of Connaught or County of Clare, of like Estate of Inheritance, Free-hold, Term of years, or number of Lives, to be by them held and enjoyed in lieu of satisfaction of such part of their Estate, which by such Articles or Qualifications he or they were to enjoy. And whereas by a late Act, Entituled, An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland, and of the Arrears due to the Souldiery there, and of other Publique, Debts and for the encouragement of Protestants to Plant and inhabit Ireland, It is Declared, That by the blessing of God upon the Forces of the Commonwealth, the Rebels of Ireland are subdued, and the Rebellion there appeased and ended; And that therefore, to the end all just satisfaction might be made unto the Adventurers, Officers and Souldiers, and other persons in the said last recited Act mentioned, and that the Countrey of Ireland might be planted and setled with security unto such as should plant and inhabit the same, the said Commission and Instructions, and further Instructions are ratified and confirmed; And whereas by the said Act of Satisfaction, it is declared, to whom, how and in what manner, and at what Rates. the forfeited Lands in Ireland shall be divided, allotted, given, granted, set out and distributed to the said Adventurers and Souldiers, and others in the said Act of Satisfaction expressed, and that for so much of the said Lands as should be assigned or set out to the said Officers and Souldiers in Satisfaction of their Arrears for their service there, and in England, by vertue of the said Act of Satisfaction, the Ordering, Allotting, Granting, Disposing and setling thereof unto, and upon such the said Officers and Souldiers should be managed by the then Commissioners of Parliament in Ireland, in such sort and manner as in and by the said Act of Satisfaction is declared; And whereas by an Ordinance of His Highness the Lord Protector and His Council, dated the Twenty third of June, One thousand six hundred fifty four, Entituled, An Ordinance for the further Encouragement of the Adventurers for Lands in Ireland, and of the Souldiers and other Planters there. It is hereby (amongst other things) Ordained, that for and in consideration of every Rent, Service, Charge or duty issuing, reserved, charged, due or payable on or out of the Lands or other the Hereditaments, granted or intended to and for the said Souldiers and Adventurers or either of them, to any person or persons who have duly claimed the same, and according to this Ordinance, shall have the same allowed and ordered, Every such Adventurer and Souldier, on or out of whose Lands or Hereditaments the same shall be issuing, reserved, charged, due or payable, shall have set forth and enjoyed to him and his Heirs for ever, so much Land in the County of Kildare (according to the values of Adventurers at such measure as was allowed to such person for his Adventure, in satisfaction whereof such Lands so charged were allotted unto them) as would have been produced or due, for an adventure of such certain sum of Mony as the purchase or buying out of such Rent, Service, Charge, or Duty shall be computed to amount unto, computation being thereof made and certified by such person and persons as shall be authorized by His Highness the Lord Protector, with the consent of His Council; And whereas in pursuance of all and every the said Commission and Instructions, further Instructions, Act of Satisfaction, and Ordinance for Encouragement, the said Commissioners of Parliament, the Lord Deputy and Council of Ireland, and His Highness Council for the Affairs of Ireland, or some of them, have caused the said forfeited Lands in Ireland to be Surveyed, and have caused the Papist Proprietors in the Province of Leynster, Ulster, and Munster (Except those in the County of Clare) who had any such right to Articles, or who fell within any the Qualifications aforesaid, to remove and transplant themselves and families into the said Province of Connaught or County of Clare, and have likewise caused the Lands of all and every such person and persons so transplanted, to be surveyed, and have likewise by their Commissioners thereunto deputed by them and appointed, caused to be allotted and given out unto such person and persons so removed and transplanted, such proportions of Land in the said province of Connaught and County of Clare, or one of them, as are equal in measure or value to such Lands and for such Estate and Estates as the said person and persons so removed and transplanted, ought to have had and enjoyed in any other part of Ireland, by vertue of his or their Articles or Qualifications.

Confirmation of all Acts done for setting forth, disposing and distributing the Rebels Lands.

And whereas the said Commissioners of Parliament, the Lord Deputy and Council of Ireland, and His Highness said Council for the Affairs of Ireland, or some of them, in further pursuance of the said several aforementioned Powers and Authorities, have proceeded by themselves and their Commissioners, and others by them authorized to allot, distribute, grant, assign, set out, and deliver several parts, shares and proportions of the said forfeited, escheated and exchanged Lands of the said Rebels, Papist Proprietors and transplanted persons, unto several Officers and Souldiers, in full or part of their respective Debentures, for the Arrears for their respective Services there and in England, and to several other person and persons comprised in the said Commission and Instructions, further Instructions, Acts and Ordinances of some of them, and have likewise ordered, made, granted, set out, distributed and delivered over, to several Officers and Souldiers and others, whose Lands so to them allotted, distributed, granted, assigned, set out and delivered as aforesaid, proved to be legally incumbred with any such rent, service, charge or duty as in the said Ordinance of Encouragement is expressed, other Lands (equal to the said Incumbrance) by way of reprisal, out of the forfeited, escheated or exchanged Lands in the said county of Kildare, according to the tenour of the said Ordinance of Encourage ment as aforesaid; All and every which said person and persons to whom such Allotments, Distributions, Grants, Assignments and Reprisals were, and have been made as aforesaid, their Lessees or Assigns have entred into their said several shares and proportions of Land, and have many of them disbursed several great sums of money in buildings, reparations and improvements upon the said Lands so to them allotted, granted, assigned, distributed, set out, and delivered or given in reprisal, as aforesaid, so that the securing and confirmation of the said Allotments, Distributions, Grants, Assignments, and Reprisals is now become of great use and necessity to the Plantation and Peace of Ireland; Be it therefore Enacted and Declared by His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, and this present Parliament, and the Authority thereof, That all and every Act and Acts, thing and things which have been done by the late Commissioners of the Parliament, Commissioners of the Commonwealth, Lord Deputy and Council, or the Lords of his Highness Council there, or any of them, or by any other person or persons thereunto authorized by them or any of them, upon, or in pursuance of the said Commission and Instructions, further Instructions, Act of Satisfaction, and Ordinance for Encouragement, or any of them, for the surveying, allotting, setting forth, disposing and distributing of any of the said Rebels, and Papists forfeited, escheated or exchanged Lands, according to the true intent and meaning of the said Commission and Instructions, further Instructions, Act of Satisfaction, and Ordinance for Encouragement, or any of them; And all and every Commission and Commissions, or other Authority granted by the said Commissioners of Parliament, Commissioners of the Commonwealth, Lord Deputy and Council, or by His Highness said Council for the Affairs of Ireland, to any person or persons, for the Adjudication of Claims, or for the Adjudication of the Qualifications of the Irish, or for setting forth of Lands unto them, And all and every Judgement and Judgements, Decree and Decrees, Disposition and Dispositions of Lands made by them, or any of them in pursuance of their respective Commissions, and also all and every Division, Allotment, Grant, Assignment, Order, Act, and Thing already done, made, executed and performed, or caused to be done, made, executed or performed by the said Commissioners of Parliament, Commissioners of the Commonwealth, Lord Deputy and Council of Ireland, or His Highness Council for the affairs of Ireland, or any of them, or by any other person or persons by Commission or Authority from them or any of them upon or in pursuance of the said Commission and Instructions, further Instructions, Act and Ordinance aforementioned, or any of them, for the disposing of the said Rebels and Papists forfeited, escheated or exchanged Lands shall be, and are hereby adjudged, deemed and declared to be good, firm and effectuall to all intents and purposes, and are hereby for ever ratified and confirmed.

The persons to whom such lands have been allotted, granted, &c. shall be adjudged in the real seisin and possession.

And be it further Enacted and Declared, and it is likewise further Enacted and Declared by the Authority aforesaid, That all and every such person and persons, their Heirs, Executors, Administrators and Assigns respectively, to whom any such forfeited, escheated or exchanged Manors, Castles, Houses, Lands Tenements, and Hereditaments have been so allotted, assigned, given, granted, distributed, set out, delivered or reprized by the said Commissioners of Parliament, or Commissioners of the Commonwealth, the said Lord Deputy and Council, or His Highness said Council for the Affairs of Ireland, or any of them, or by any other person or persons by Commission or Authority from them, or any of them, are and shall be, and are hereby respectively adjudged and declared to be in real and actual seisin and possession of all and every such Manors, Castles, Houses, Lands Tenements and Hereditaments, so to him and them allotted, assigned, given, granted, distributed, set out, delivered or reprized respectively, as aforesaid; And that all and every such person and persons, their Heirs and Assigns, shall, and may for ever hereafter have, hold and enjoy the same to him and them respectively, and to his and their respective Heirs and Assigns in free and Common Soccage, as of the Castle of Dublin, under such Rents, Services, Covenants, Conditions, Qualifications, Remittals, and Abatements, as in and by the said several Commission and Instructions, further Instructions, Act of Satisfaction, and Ordinance for Encouragement, or any of them are expressed.

This shall not avoid Contracts made by the persons to whom the said lands have been allotted.

Provided that neither this Act, nor any thing therein, nor in the said aforementioned Commission and Instructions, further Instructions, Act of Satisfaction, and Ordinance for Encouragement, or any of them contained, shall any ways extend to the forfeiture, extinguishment, defeating, making void or prejudicing of any Contract, Bargain, Sale, Grant, Demise, Lease, Release, Rent, or Exchange, heretofore made or granted of or out of any the said forfeited, escheated or exchanged Lands by any of the said Officers or Souldiers, or others to whom the same have been so formerly allotted, assigned, given, granted, distributed, set out, delivered or reprized as aforesaid, or of any Contract, Bargain, or Sale of and Debenture or Debentures, in satisfaction whereof any the said forfeited, escheated or exchanged Lands, Tenements or Hereditaments are, have been or shall be allotted, granted, given out or distributed to any person or persons whatsoever, but that all and every such person and persons to whom any such Contract, Bargain, Sale, Grant, Demise, Lease, Release, Rent or Exchange, hath or have been so made or granted, and the Heirs, Executors, Administrators, and Assignes of all and every such person and persons respectively, shall and may at all times hereafter peaceably and quietly enjoy to his and their respective Use and Uses the benefit and Advantage of every such Bargain and Contract so to him and them respectively made as aforesaid, Any thing in this Act, or in the said Commission and Instructions, further Instruc tions, Act of satisfaction, and Ordinance for Encouragement, or any of them contained to the contrary notwithstanding.

The Lord Deputy and Council to do any further Act for setting forth the remainder of the lands forfeited, &c.; No such act shall make void former Allotments &c.; Saving the benefit of surplusage of land to his Highness and the Commonwealth.

And to the end the said Commission and Instructions, further Instructions, Act of Settlement, Act of Satisfaction, and Ordinance for Encouragement, may be further put in execution as to the said Officers and Souldiers, whose Arrears or any part thereof are yet to be satisfied in Ireland; Be it further Enacted and Declared, and it is further Enacted and Declared by the authority aforesaid, That the Lord Deputy and Council, or other chief Governor or Governors of Ireland, with the Council there for the time being, or the Council there in the absence of the chief Governor, shall be, and are hereby required and authorized at all and every time and times hereafter, to do and execute, or cause to be done and executed, all such further Act and Acts, thing and things necessary to be done in pursuance of and according to the tenor of the said Commission and Instructions, further Instructions, Act of Satisfaction, and Ordinance for Encouragement, or any of them, as the said Commissioners of Parliament could, might, or ought to have done thereupon, for the setting forth, allotting, distributing, or assigning of the remainder of the said forfeited, escheated, or exchanged Lands to such of the Officers, Souldiers and others, in the said Act of Satisfaction mentioned, who have not yet received satisfaction of their respective Arrears; All and every which said Act and Acts, thing and things hereafter so to be done, or caused to be done by the said Lord Deputy and Council, or the Chief Governour or Governours of Ireland, with the Council there for the time being, or by the Council there in the absence of the Chief Governour, according to and in pursuance of the said Commission and Instructions, further Instructions, Act of Satisfaction, and Ordinance of Encouragement, or any of them, to the purposes aforesaid, shall be, and are hereby declared to be good, binding and effectual in Law to all intents and purposes. Provided, and it is hereby Declared, That no such further Act or Acts, thing or things so to be done, or caused to be done by the said Lord Deputy and Council, or by the Chief Governor or Governors of Ireland, with the Council there for the time being, or by the Council there in the absence of the Chief Governor, or by any of them, or by any other person or persons whatsoever, by Order, Commission, Authority, or Direction of them or any of them, shall any waies alter, change, impeach, destroy, defeat, extinguish, or make void all or any of the said former Allotments, Assignments, Grants, Distributions and Reprisals, or any of them, made to any the said Officers and Souldiers, or other persons aforementioned by the said Commissioners of Parliament, Commissioners of the Commonwealth, Lord Deputy and Council of Ireland, and His Highness said Council there, or any of them, or by any other person or persons by commission or authority from them or any of them as aforesaid; saving nevertheless to the said Lord Deputy and Council of Ireland, and the Chief Governour or Governours of Ireland, with the Council there for the time being, all such power and authority of Resurveying any the said forfeited, escheated, or exchanged Lands so already allotted, set out and disposed of to the Officers and Souldiers as aforesaid, as in and by the said Act of Satisfaction is expressed and contained; and saving likewise to his Highness and the Commonwealth, all such benefits and advantages of the surplusage of Land which shall be found on the returns of the said Surveys, according to the tenor of the said Act of Satisfaction in that behalf.

Lord Deputy and Council shall grant Letters Patents to such as shal desire it.; To create Manors.; The Grand Allottee to execute conveyances to such persons as have Lands comprehended in such Lot.; Such person shall immediately stand seized.

And for the better and more perfect Execution of all and every the former Branches of this Act, Be it Enacted and Declared, and it is likewise Enacted and Declared by the authority aforesaid, That the said Lord Deputy and Council, or the Chief Governor or Governors of Ireland, with the Council there for the time being, or the Council there in the absence of such Chief Governor or Governors, shall be, and are hereby further Authorized and required at all times hereafter (upon request to them to be made) to cause Letters Patents under the Great Seal of Ireland to be made unto such of the Grand Allottees, or other persons to whom the said Allotments, Assignments, Grants, Distributions or Reprisals of the said forfeited, escheated or exchanged Lands in Ireland, have been, or shall be respectively made as aforesaid, or to the respective Heir or Heirs of such Grand Allottees or other persons aforesaid, in case of his or their Decease, or to so many of them as shall desire the same, for the better, more perfect and effectual Conveyance and Assurance of all and every such Manors, Castles, Houses, Lands, Tenements and Hereditaments, to every such person and persons, his and their Heirs and Assigns, to be held bysuch Tenures and under such Rents, Services, Conditions, Qualifications, Indulgences, Remittals and Abatements, as in and by the said several Commission and Instructions, Further Instructions, Act of Satisfaction, and Ordinance for Encouragement, are expressed and declared; and in and by the said Letters Patents to create such Manors, constituted and made up of such proportion and number of Acres in the several Provinces of Ireland, and with such Jurisdictions, Liberties, Priviledges and Immunities, as in and by the said Commission and Instructions, Further Instructions, Act of satisfaction, and Ordinance for Encouragement, or any of them, is declared: And, That the said Grand Allottee or Allottees, or other the said Patentee or Patentees, in case of his or their decease, shall for so much of the said forfeited, escheated or exchanged Manors, Castles, Houses, Lands, Tenements and Hereditaments to him and them so allotted, granted, assigned, set out, distributed and delivered, as shall justly belong to any other person or persons, whose shares and proportions were comprehended within the General Lot of every such Grand Allottee, shall after the perfection of the said Letters Patents, upon thirty dales Warning to him or them in that behalf respectively given by the said person or persons so concerned, or any other person for their use as aforesaid, and at the Costs and Charges of him or them so concerned, make, execute, and perfect any such assurance or Conveyance in the Law by Deed, Fine, Feoffment, Release, Confirmation or otherwise, for the sure granting, assuring and conveying of all and every the said share and proportion of such several person and persons so concerned, in all and every the said respective Grand Lots, to all and every the said person and persons so concerned, and to their Heirs and Assigns for ever, with Warranty against every such Patentee and Patentees, and his and their Heirs, and all and every person and persons lawfully Claiming by, from, or under him and them respectively, as by the said several person and persons concerned, his or their Heirs and Assigns, or by his or their Council learned in the Law, shall be reasonably devised, advised or required: And that all and every the said person or persons to whom such Assurance or Assurances shall be so made as aforesaid, and his and their Heirs and Assigns shall and may, and are hereby Declared, immediately from and after such the said Assurance so to him or them perfected by the said Patentee or Patentees, or his or their Heirs as aforesaid, to stand and be seized of all and every such share and proportion of the said forfeited, escheated and exchanged Lands so to him and them granted and conveyed as aforesaid, to the several use and uses of every such Grantee, and of his and their Heirs, freed and discharged of and from all former Gifts, Grants, Bargains, Sales, Leases, Joyntures, Dowers, Charges, Debts, Statutes, Judgements, Extents, Executions and Incumbrances whatsoever, for or by reason of being so vested as aforesaid in the said Patentee or Patentees or any of them, and shall accordingly hold and enjoy the same for ever freed and discharged of and from all and every the said Incumbrances.

Decrees in the Court of Adjudication of Claims or Exchequer to stand.

Provided nevertheless, and it is hereby likewise further Declared, That all and every person and persons of the Protestant Religion, Bodies Politique or Corporate, and their respective Heirs and Successours, Executors, Administrators and Assigns, who have already obtained any Decree or Decrees in the late Court of Adju dication of Claims in Ireland, or in the Court of Exchequer there, for any part of the said forfeited, escheated or exchanged Manors, Castles, Houses, Lands, Tenements or Hereditaments, or for any Rent out of the same, or for any Charge or Incumbrance thereupon, lying and being within any the Ten Counties appointed in and by the said Act of Satisfaction, for the satisfaction of the Adventurers, Souldiers and others, or in the County of Lowth, or in any other County or Counties in Ireland, or who have before the Three and twentieth of October, One thousand six hundred fifty four, exhibited his or their Claim or Claims, in the said late Court for Adjudication of Claims in Ireland, and shall at or before the First day of December, One thousand six hundred fifty seven, obtain any Decree or Decrees for any the said forfeited Manors, Castles, Houses, Lands, Tenements, or Hereditaments, or for any Debt, Rent, Charge, Duty, Profit or Incumbrance arising, growing due out of, or charged upon the same, by reason of any Deed, Grant, Mortgage, Statute-Staple, Recognizance, Judgement, or other Incumbrance whatsoever in the said Court of Exchequer, or who shall on or before the First day of June, which shall be in the year of our Lord God, One thousand six hundred fifty eight, obtain any decree or decrees, for any part of the said forfeited, escheated, or exchanged Lands, Tenements, or Hereditaments lying and being in any other County or Counties in Ireland, besides the said Ten Counties, and the said County of Lowth, or for any Debt, Rent, Charge, Duty or Incumbrance, arising or growing due out of the same, or thereon charged or chargeable as aforesaid, shall and may for ever hereafter have, hold, possess and enjoy all and every such of the said forfeited, escheated or exchanged Manors, Castles, Houses, Lands, Tenements and Hereditaments, or the said Debt, Rent, Charge, Annuity, Duty or Profit arising or growing due out of the same, so to him or them decreed or to be decreed as aforesaid, for and during the respective Estate and Estates so to him and them decreed, according to the tenor and effect of every such decree so by him or them obtained, or to be obtained as aforesaid, any thing afore in this Act contained to the contrary notwithstanding.

Persons not prosecuting their Claimes by the respective times, shall be for ever barred.

Provided nevertheless, and it is Enacted and Declared by the authority aforesaid, That if any the said person or persons, Bodies Politique and Corporate, who have any such Incumbrance upon any the said forfeited, escheated, or exchanged Manors, Castles, Houses, Lands, Tenements, or Hereditaments, shall not Exhibite and Prosecute his or their claim to the same with effect to the obtaining his or their decree or decrees for the same, within the respective times to that end appointed as aforesaid, That then and from thenceforth all and every such the said person and persons, Bodies Politique and Corporate, who had any such right to any such Incumbrance as aforesaid, and the Heirs and Successors, Executors and Administrators of every such person and persons, Bodies Politique and Corporate, and every of them respectively shall for ever be from thenceforth respectively barred to make his or their claim to the same; And that then and from thenceforth the said forfeited, escheated and exchanged Manors, Castles, Houses, Lands, Tenements, and Hereditaments, shall be, and are hereby adjudged and declared to be for ever freed and discharged of and from all and every the said Incumbrances respectively, any thing afore in this Bill contained to the contrary notwithstanding.

Saving to the Colledge at Dublin.

Saving likewise, and reserving out of this Bill unto the Provost, Fellowes and Scholars of the Colledge of the holy and Undivided Trinity at Dublin, all such right of Action and Entry, Condition, Possession, Reversion, Remainder, Annuity, Rent and Common, which they have or ought to have in or out of the said forfeited, escheated, or exchanged Lands in this Act mentioned, or any of them.

Saving for Protestants.

And also saving and reserving to all and every person and persons, who were Protestants on the said three and twentieth day of October, One thousand six hundred fourty one, and have so continued ever since, all such Right, Title, Interest, Benefit and Advantage, which they or their Heirs, or the Executors or Administrators of them, or any of them, have or may have, in, to, or out of any the said forfeited, escheated or exchanged Lands, Tenements, or Hereditaments, by vertue of any Articles, or by vertue of any Composition, Indempnity or Exemption upon or in pursuance of any Articles, or of one Ordinance of His Highness the Lord Protector and his Council, dated the First day of August, One thousand six hundred fifty four, Entituled, An Ordinance for Indempnity to the English Protestants of the Province of Munster in Ireland; or by vertue of one other Ordinance of his said Highness and Council, dated the Second day of September, One thousand six hundred fifty four, Entituled, An Ordinance for Admitting Protestants in Ireland to Compound; which said Articles, and last mentioned Ordinances, and all Compositions made or to be made thereupon, or in the pursuance thereof, are hereby likewise Ratified and Confirmed, or by any or either of them.

Saving for persons who have been pardoned or admitted to compound.

And also saving to all other person and persons, who have been pardoned by his said Highness, or admitted to compound for his or their Estates in Ireland, the benefit of his and their respective Pardons and Compositions, any Law, Ordinance or Act of Parliament to the contrary notwithstanding.

This shall not prejudice any person to whom Lands have been given or granted by Act, Ordinance, or Order of Parliament, or his Highness and Council.

Provided alwaies, That this Act or any thing therein contained, shall not be prejudicial to any person or persons, their Heirs or Assignes, for any Lands, Tenements or Hereditaments, given or granted to him or them; or any in trust for him or them, or his or their Heirs, since the first day of November, One thousand six hundred fourty one, by or in pursuance of any Act or Acts, Ordinance or Ordinances, Order or Orders of Parliament, or of his Highness and Council, or either of them; but that every such person and persons, and his and their respective Heirs, or such as they are intrusted for, and their Heirs, shall and may have and enjoy all and every the said Lands, Tenements and Hereditaments, according to the purport, true intent and meaning of all and every the said Acts, Ordinances and Orders respectively, any thing in this Act, or any other Act of Parliament to the contrary in any wise notwithstanding.

Provided alwaies, That this Act or any thing therein contained shall not settle upon any Officer, Souldier, or any other person, more then his or their first proportions and due allotments.

This shall not settle on any more then his proportion.; This shall not extend to confirm the Estate of Edward Dendy in Lands in the Barony of Slayn.

Provided alwaies, and be it hereby Declared, That nothing in this present Act contained, shall be construed or taken to Ratifie, Confirm, or Establish the Estate or Possession of Edward Dendy Serjeant at Arms, in any Mannors, Lands, Tenements or Hereditaments in the Barony of Slayn, in the County of East-Meath, in Ireland, against Sir John Barington Knight and Baronet, Sir Gilbert Gerard, Sir William Matham, Sir Richard Everard, Baronets; Sir William Waller, Sir Thomas Wharton, Sir Jacob Garret, Knights; Alexander Pym, Edward Turner, Esqs; William and John Arnold, or any others who were Adventurers for the reducing of the said Nation, by vertue of the Act made in the Seventeenth year of the late King Charl, and whose lots are fallen in the said Barony of Slayn, or against any of their Heirs or Assignes; but that they be left to their several Remedies and Proceedings for the making good of their Rights and Titles according to the Law.

This shall not extend to Lands allotted to any Adventurer within the ten Counties, except such Lands as have been compounded for by Protestants.

Provided alwaies, That neither this Act, nor any thing therein contained, shall extend to the prejudice of any Adventurer or Adventurers for Lands in Ireland, their or any of their Heirs or Assignes, nor to any Honors, Castles, Mannors, Lands, Tenements, or Hereditaments in Ireland, that are granted, assigned, or duly set apart, allotted, or fallen by lot, according to the surveys and returns by which the same was made for or toward the satisfaction of the said Adventurers, their Heirs or Assignes, or any of them, within the moyety of the said Ten Counties assigned to the Adventurers, and within the County of Lowth (except the Barony of Atherdy) and except all such Lands and Hereditaments as are already duly compounded for by Protestants, within the said Ten Counties and County of Lowth, by vertue of the aforesaid Ordinances of his Highness and Council, of the First of August, and Second of September, One thousand six hundred fifty and four.

Source: Acts and Ordinances of the Interregnum, 1642-1660 (1911), pp. 1100-1110.

Ordinance for Maintenance to be given to the Wives and Children of those that are killed; and to maimed Soldiers – 16421024

Whereas divers Persons now are or hereafter may be, in the Service of the Parliament, in the present War, undertaken for the Preservation of the King’s Majesty’s Person, the Defence of the Religion and Laws of the Realm, and of the just Liberties of the Subjects, who have little or nothing to maintain themselves, their Wives, and Children, but by their own Labours: The Lords and Commons, for their better Encouragement in the Service, do Order and Declare, That they, the Lords and Commons, will provide competent Maintenance and Allowance for such of them as shall be maimed, and thereby disabled by their Labour to provide for themselves, their Wives, their Children, as formerly they did; and, in the Distribution of such Allowances and Rewards, they will always have regard to the Deserts and the Service of each Person.

And in case any such Person shall be slain, that they will make Provision for the Livelihood of their Wives or Children.

And in case any Persons of Estate shall be slain or die in the Service, the said Lords and Commons do Declare, That they will take the Estates, Wives, and Children, of such Persons, into their Protection; and in case their Estates shall not, at the Time of the Death of such Person, be settled, they will be always assistant to the Friends of the Party deceased, in the settling and disposing of their Estates, in such Manner as may be for the most Advantage of their Wives and Children, and shall, upon all Occasions, let their Children and Posterity know the Respect they bear to the Memory of those who have spent their Lives in Service of the Church and Commonwealth.

Source: Acts and Ordinances of the Interregnum, 1642-1660 (1911), pp. 36-37.