AN ACT for the SETLING OF IRELAND.
1WHereas the Parliament of ENGLAND, after the expence of much Bloud 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, which 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, but2 that Mercie & Pardon, both as to life and Eſtate, may be extended to all Husband-men, Plow-men, Labourers, Artificers, & others of the inferior ſort, in manner as is hereafter declared; They ſubmitting themſelves to the Parliament of the Common-wealth of ENGLAND, and living peaceably and obediently under their Government: And that others alſo of higher Rank and Qualitie 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 Authoritie of the ſame, That all and every perſon and perſons of the Iriſh Nation, comprehended in any of the following Qualifications, ſhall be liable unto the Penalties and Forfeitures therein mentioned and contained; or be made capable of the Mercie and Pardon therein extended reſpectively, according as is hereafter Expreſſed and Declared: That is to ſay,
I. THat all and every Perſon and Perſons, who at any time before the Tenth day of November, One thouſand ſix hundred fourtie two, (being the time of the ſitting of the firſt General Aſſembly at Kilkennie in Ireland) have Contrived, Adviſed, Counſelled, Promoted or Acted, the Rebellion, Murthers or Maſſacres done or committed in Ireland, which began in the Year One thouſand ſix hundred fourtie one: or have at any time before the ſaid Tenth day of November, One thouſand ſix hundred fourtie two, by bearing Arms, or contributing Men, Ar••Horſe, Plate, Money, Victual, or other Furniture〈◊〉Habiliments of Warr (other than ſuch which they ſhall make to appear to have been taken from them by meet3 force and violence) aided, aſſiſted, promoted, acted, proſecuted or abetted the ſaid Rebellion, Murthers or Maſſacres, be excepted from Pardon of Life and Eſtate.
II. That all and every Ieſuite, Prieſt, and other perſon or perſons who have received Orders from the Pope or Sea of Rome, or any Authoritie derived from the ſame, that have any ways contrived, adviſed, counſelled, promoted, continued, countenanced, aided, aſſiſted or abetted; or at any time hereafter ſhall any ways contrive, adviſe, counſel, promote, continue, countenance, aid, aſſiſt or abet the Rebellion or Warr in Ireland, or any the Murthers or Maſſacres, Robberies or violencies committed againſt the Proteſtants Engliſh or others there, be excepted from Pardon for Life and Eſtate.
III. That Iames Butler Earl of Ormond, Iames Touchet Earl of Caſtlehaven, Vllick Bourk Earl of Clanrickard, Chriſtopher Plunket Earl of Fingall, Iames Dillon Earl of Roſcommon, Richard Nugent Earl of Weſtmeath, Morrogh O Brien Baron of Inchiquin, Donogh Mac Carthy Viſcount Muskerie, 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 Trymletſ-town, Miles Bourk Viſcount Mayo, Connor Magwire Baron of Eniskellen, Nicholas Preſton Viſcount Gormanſtown, Nicholas Nettervil Viſcount4 Nettervil of Dowth, Iohn Bramhal late Biſhop of Derry, Iames Cuſack Eſquire, Thomas Tyrrel Eſquire, Peter Clinton Eſquire, Sir Phelim O Neil, Sir George Monroe, Sir Iames Montogomerie and Sir Robert Stewart Knights, Sir Con Magennis of the Countie of Down Knight, Sir Luke Fitz-Gerald of Tecroghan Knight, Sir Richard Barnwal of Crickſtown Knight, Sir Iohn Nettervil Knight, Sir Thomas Eſmond of the Countie of Wexford Knight, Sir Iohn Magragh of the Countie 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, Patrick Darcy, and Nicholas Plunket Eſquires,_____Fennel Doctor of Phyſick, Hugh Mac Phelim Birn of the Countie of Wicklow, Florence Fitz-Patrick of the Queens Countie Eſquire, Colonel Iohn Fitz-Patrick ſon of Florence, Roger Moore of Ballyna in the Countie of Kildare, Tirlogh Roe O Neil Brother to Sir Phelim O Neil, Mulmurry Mac Swyne, Donnel Oge Magennis, Iohn Mortimer, Rory Magwyre of the Countie of Fermanagh, Rory Mac Brien Oge Magennis, Even Magennis of Caſtle-vellan, Edmund Buy Magennis, Shane Mac Brien O Neil, Tirlogh Magragh ſon of Iames 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 Countie of Tyrone, Colonel Manus Roe O Chahan, Toole Mac Machan, Malter Bagnal Eſquire, Edmund Bourk, of Cloghan in the Countie of Mayo,_____Purſel of Tipperary,5 Baron of Loghmo, Thomas Cantwel of Cantwels-Court in the Countie of Kilkennie, Edward Huſſey of Moyl Huſſey in the Countie of Meath, Hugh Huſſey of Galtrim, Iohn Bellew of Willyſtown in the Countie of Lowth Eſquire, Philip Mac Hugh O Reyly of the Countie of Cavan, Mulmurry O Reyly of the Countie of Cavan, Colonel Mac Brien Mac Mahown of the Countie of Monaghan, Lyſath Moore brother of Roger Moore before mentioned, Neil Mac Kenna of the Trough in the Countie of Monaghan, Richard Belling Eſquire ſon of Sir Henry Belling Knight, Laurence Dowdal of Athlumney Eſquire, Captain Arthur Fox of Crumlin in the Countie of Dublin, Brien Mac Phelim Birn of the Countie of Wicklow, Colonel Luke Tool of Caſtlekevin in the Countie of Wicklow, Iohn Crean of Sligo, Anthony Brabazon of Ballinaſloe in the Countie of Roſcommon, Piers Fitz-Gerard of Balliſonan commonly called Mac Thomas, Lyſagh Demſey of the Kings Countie Eſquire, Charls O Connor Dun of Ballintober in the Countie of Roſcommon Eſquire, Dermot O Brien of the Countie of Clare, Richard Grace Mac Iaſper of the Kings Countie, Philip O Dwyre of the Countie of Tipperary, Owney O Dwyre of the County of Tipperary, Murtagh O Brian of Annagh in the ſaid Countie, Iohn O Kennedy of Dunnally in the ſaid Countie, Murrogh ne Mart O Flagherty of the Countie of Gallway, Teige O Flagherty of the ſaid Countie, Teige O Connor Roe of the Countie of Roſcommon, Teige O Connor Sligo of Sligo, Redmond Bourk Kilcernan in the Countie of Gallway, Thomas Bourk of Anbally in the Countie of Gallway, Iohn Brown of the Neil in the Countie of Mayo, Charls O6 Connor and Hugh O Connor brothers of Teige O Connor Sligo, Iames Dillon brother to the Viſcount Dillon of Costillogh,_____Touchet brother to the Earl of Caſtlehaven, be excepted from Pardon for Life and Eſtate.
IV. That all and every Perſon and Perſons (both Principals and Acceſſaries) who ſince the firſt day of October, One thouſand ſix hundred fourtie 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 publickly entertained and maintained in Arms as Officers or private Souldiers, 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 fourtie one, have killed, ſlain, or otherwiſe deſtroyed any perſon or perſons entertained and maintained as Officers or private Souldiers, for and on the behalf of the Engliſh againſt the Iriſh (the ſaid perſons ſo killing, ſlaying, or otherwiſe deſtroying, not being then publickly entertained and maintained in Arms as Officer or private Souldier under the Command and Pay of the Iriſh againſt the Engliſh) be excepted from Pardon for Life and Eſtate.
V. That all and every perſon and perſons in Ireland, that are in Arms or otherwiſe in Hoſtilitie againſt the Parliament of the Common-wealth of England, and ſhall not within Eight and twentie days after Publication hereof by the Commiſſioners for the Parliament, or Commander in Chief, lay down Arms and ſubmit to the Power and7 Authoritie of the ſaid Parliament and Common-wealth, as the ſame is now eſtabliſhed, be excepted from Pardon for Life and Eſtate.
VI. That all other perſon and perſons (not being comprehended in the former Qualifications) who have born Command in the Warr of Ireland againſt the Parliament of England, or their Forces, as General, Lieutenant General, Major-General, Commiſſarie-General, Colonel, Governour of any Garriſon, Caſtle or Fort, or who have been imployed as Receiver-General or Treaſurer of the whole Nation or any Province thereof, Commiſſarie-General of Muſters or Proviſions; Marſhal-General, or Marſhal of any Province, Advocate of the Armie, or Secretarie to the Councel of Warr, or to any General of the Armie, or of any the ſeveral Provinces, in order to the carrying on the Warr againſt the Parliament or their Forces, be Baniſhed during the pleaſure of the Parliament of the Common-wealth 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 that Nation ſhall think fit to appoint for that purpoſe) be reſpectively had, taken and enjoyed by the Wives and Children of the ſaid perſons reſpectively.
VII. That the Commiſſioners of Parliament, & Commander8 in Chief, have power to Declare, That ſuch perſon or perſons as they ſhall judge capable of the Parliaments Mercie (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 twentie 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 Authoritie of the ſaid Parliament and Common-wealth, as the ſame is now eſtabliſhed (by promiſing and engaging to be true to the ſame) ſhall be pardoned for their Lives, but ſhall forfeit their Eſtates to the ſaid Common-wealth, to be diſpoſed of as followeth, viz. Two third parts thereof (in three equal parts to be devided) for the Uſe, Benefit and Advantage of the ſaid Common-wealth, and the other third part of the ſaid reſpective Eſtates or other Lands, to the proportion or value thereof (to be aſſigned in ſuch places in Ireland, as the Parliament, in order to the more effectual Settlement of the peace of that Nation ſhall think fit to appoint for that purpoſe) be enjoyed by the ſaid perſons, their Heirs or Aſſigns reſpectively. Provided, That in caſe the Commiſſioners and Commander in Chief, or either of them ſhall ſee cauſe to give any ſhorter time than Twentie eight days, unto any perſon or perſons in Arms, or in any Garriſon, Caſtle or Fort in Hoſtilitie againſt the Parliament, and ſhall give notice to ſuch perſon or perſons in Arms, or in any Garriſon, Caſtle or Fort, That all and every ſuch perſon and perſons, who ſhall not within ſuch time as ſhall be ſet down in ſuch notice, ſurrender ſuch Garriſon, Caſtle or Fort to the power of the Parliament, and lay down Arms, ſhall have no advantage of the Time formerly limited in this Qualification.