Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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'September 1653: An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland, and of the Arrears due to Soldiery there, and of other Publique Debts, and for the Encouragement of Protestants to plant and inhabit Ireland.', in Acts and Ordinances of the Interregnum, 1642-1660, ed. C H Firth, R S Rait( London, 1911), British History Online https://prod.british-history.ac.uk/no-series/acts-ordinances-interregnum/pp722-753 [accessed 31 October 2024].
'September 1653: An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland, and of the Arrears due to Soldiery there, and of other Publique Debts, and for the Encouragement of Protestants to plant and inhabit Ireland.', in Acts and Ordinances of the Interregnum, 1642-1660. Edited by C H Firth, R S Rait( London, 1911), British History Online, accessed October 31, 2024, https://prod.british-history.ac.uk/no-series/acts-ordinances-interregnum/pp722-753.
"September 1653: An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland, and of the Arrears due to Soldiery there, and of other Publique Debts, and for the Encouragement of Protestants to plant and inhabit Ireland.". Acts and Ordinances of the Interregnum, 1642-1660. Ed. C H Firth, R S Rait(London, 1911), , British History Online. Web. 31 October 2024. https://prod.british-history.ac.uk/no-series/acts-ordinances-interregnum/pp722-753.
September, 1653
[26 September, 1653]
Satisfaction to be made to Adventurers, Officers, Soldiers and others.; Committee of Grocers-Hall.; Commission under the Great Seal.; Further Instructions from the Council of State confirmed
Whereas many well-affected persons, Bodies Politique and Corporate, did subscribe and pay in upon several Acts and Ordinances of the late Parliament, divers considerable sums of money by way of Adventure, towards the Suppression of the late horrid Rebellion in Ireland; which said sums of money were by the said Acts and Ordinances appointed to be satisfied by several Proportions of the Lands of the Rebels there, as soon as the said Rebellion should be appeased; And whereas also several other great sums of money are grown due, and in arrear unto the Officers and Soldiers, who have been imployed in reducing the said Rebels; and to sundry other persons either for Arrears yet unsatisfied, moneys lent, or Provisions or other Supplies furnished for the publique Service; And whereas, by the blessing of God upon the Forces of this Commonwealth, the said Rebels are subdued, and the said Rebellion is appeased and ended, and it is hereby Declared to be appeased and ended: To the end therefore that all just satisfaction may be made unto the Adventurers, Officers and Soldiers, and other persons aforesaid, assoon as possibly may be, and that the Countrey of Ireland may be Planted and setled with security unto such as shall Plant and inhabit the same, Be it Enacted by this present Parliament, and by the authority thereof, That one Order of the Council of State, dated the First day of June, One thousand six hundred fifty and three, appointing and authorizing Methuselah Turner of Cheapside London, Linen-Draper, and other persons therein named, or any five or more of them, to sit as a Committee at Grocers-Hall to regulate, order and dispose the drawing of Lots for ascertaining to the said Adventurers, where their Dividents of Lands shall be; And one Commission under the Great Seal of England, bearing date the Two and twentieth day of June, One thousand six hundred fifty three, directed to Charls Fleetwood Esq; Lieutenant General of the Army in Ireland, Edmond Ludlow Esq; Lieutenant General of the Horse, Miles Corbet Esq; and John Jones Esq; authorizing them or any two or more of them, to put in execution the Instructions thereunto annexed, and the further Instructions from the Council of State to the said Charls Fleetwood Esq; and other the said Commissioners in Ireland, or any two of them, bearing date the Second day of July, One thousand six hundred fifty and three; and all the powers and authorities given and contained in the said Order, Commission, Instructions and further Instructions, be and are hereby ratified and confirmed.
What Lands shall be charged for satisfaction to the Adventurers.; The Rates, Proportions and Conditions to be according to the Acts and Ordinances.
And be it further Enacted by the authority aforesaid, That one moyety of such of the forfeited Lands, as shall be by vertue of the said Commission and Instructions surveyed, measured, ascertained and set forth, and all and every of them, as are within the respective Counties of Limerick and Tipperary (including that part thereof anciently called Holy Cross, otherwise Cross Tipperary) and Waterford in the Province of Munster, the Kings County, the Queens County, and the Counties of Eastmeath and Westmeath in the Province of Leinster; the Baronies of Duleek and Slane in the said County of Eastmeath being included, Any former Exception thereof in the said Instructions, to the contrary notwithstanding. And the Counties of Down, Antrim and Armagh in the Province of Ulster, shall be, and are hereby charged with the sum of Three hundred and sixty thousand pounds, for and towards the satisfaction of the Adventurers for Lands in Ireland, who subscribed and paid in their moneys according to the several Acts and Ordinances of Parliament, mentioned and particularized in the said Commission under the Great Seal, to be made unto them in Land according to the Rates, Proportions and Conditions, expressed, limited and provided in and by the said Acts and Ordinances respectively: And that the other moyety of such of the forfeited Lands as are within the Counties aforesaid, shall be, and are hereby charged for the security, and towards the satisfaction of the arrears of pay due to the Officers and Soldiers of the present Army in Ireland, to be made to them at the same rates with the Adventurers, That is to say, after the rate of One thousand Acres in Leinster for Six hundred pounds, One thousand Acres in Munster for Four hundred and fifty pounds, and One thousand Acres in Ulster for Two hundred pounds, all according to Irish measure; together with such other advantages of Bog, Wood and Mountain, as are allowed to the Adventurers.
Who shall have the benefit of these Concessions.; Such shall not sell till they be in actual possession, without leave.; All sales or alienation to the contrary to be void.
Provided always, That those Officers and Soldiers onely, and their Executors, Administrators and Assigns, shall have the benefit of these Concessions, who are or have been of the present Army in Ireland, and for the arrears of pay grown due unto them since the Fifth day of June, One thousand six hundred forty and nine; and for such other arrears as became due unto them for their service in England, before the said Fifth of June, One thousand six hundred forty and nine, for which no satisfaction hath been already given; and that they shall not have power of selling their Arrears or Debentures, or of selling or alienating any the Lands to be alotted unto them, until they shall be in the actual possession of such Lands, without leave or licence first had from the Commander in chief for the time being, or such as he shall authorize for that purpose: And that all Acts of sale or alienation that shall be made contrary hereunto, be null and void. And for that divers constructions may be made upon this present Act, or upon any former Acts of Parliament for reducing of Ireland, what shall be said to be Woods which shall be cast in over and above unto the several proportions of Land hereby to be alotted to the Adventurers and Soldiers; Be it therefore Declared and Enacted by authority of this present Parliament, That such Woods onely shall be taken to be within the intent and meaning of this present and other former Acts, as are growing upon barren Mountains, or which are not fit for Timber, Any thing in this or any former Act to the contrary notwithstanding.
What shall be said to be Woods to be cast in.; Rules for an equal Divident of the ton Counties.; Supply where Baronies defective.; Who shall divide and sub-divide the moyety between the Officers and Soldiers.; Commander in chief to determine differences between the Officers and Soldiers herein.
And to the end an equal Divident of the said Ten Counties may be made betwixt the said Adventurers and the said Officers and Soldiers, Be it further Enacted by authority aforesaid, That upon return made of the Surveys of each of the said Counties, to the aforesaid Committee for the Lottery at Grocers-Hall, as by the afore mentioned Instructions, issued under the Great Seal, is directed, the said Committee upon computing the forfeited Lands in each Barony, shall divide each County by Baronies into two moyeties, as equally and indifferently as they can, and then a Lot or Lots shall be drawn by the Adventurers, or some on their behalf appointed, and by some Officer or Officers, or other person or persons appointed by the Lord General Cromwel, on the behalf of the Soldiery, for the dividing each County by Baronies as aforesaid between them: And thereupon the said Committee shall make forth two Certificates under their Hands and Seals, each of them to contain and specifie which Baronies in each County do by lot fall to the Adventurers, and which to the Soldiers; And those Certificates shall ascertain to each their Divisions respectively: And when the Division is so made, the said Committee at Grocers-Hall shall cause the respective Baronies of the ten Counties, so appropriated to the Adventurers for and towards their satisfaction, to be equally sub-divided amongst them by lot according to the proportions belonging to every of them: And if any Baronies be defective to answer the sum which is apportioned thereto, supply shall be made out of any other Barony or Baronies belonging to the Adventurers, where an overplus shall be found within the same County; and in default thereof, within the same Province if it may be. And for the equal dividing and sub-dividing of the Baronies and Lands within the other moyety of the said ten Counties, which shall be appropriated to the Officers and Soldiers, the said Commissioners of Parliament, or such as they shall appoint, shall be and are hereby fully impowered and authorized to distribute and set forth unto the said Officers and Soldiers, answerable to their respective arrears, their several proportions of Lands by lot or mutual agreement amongst the said Officers and Soldiers. And the Commander in chief of the Forces in Ireland, or such as he shall from time to time appoint for that purpose, shall be, and are hereby impowered and authorized to hear, adjudge, and finally conclude and determine all differences and controversies that shall and may happen or be between any the said Officers or Soldiers, or any part of them, in or concerning the dividing, sub-dividing, apportioning or allotment of any the Lands aforesaid, and such direction, judgement and conclusion as shall be made and given in and concerning the same by the said Commander in chief, or such as he shall appoint for that purpose, shall be observed and obeyed by all and every the Officers and Soldiers, and other persons who shall be any way concerned therein.
Supply for the Adventurers in case the moyety of the ten Counties shall not be sufficient.; Supply for the arrears in Ireland, in case of defect.; Satisfaction for Arrears of Forees disbanded.
And be it further Enacted by the authority aforesaid, That in case the moyety of the said ten Counties shall not be sufficient to satisfie the Debt of the said Adventurers, then the remainder thereof shall be satisfied by such Lands as are forfeited in the County of Lowth within the Province of Leinster, excepting the Barony of Atherdee; and what shall be defective in the other moyety of the said ten Counties, to satisfie the arrears of the Army in Ireland, that have accrewed and grown due since the Fifth of June, One thousand six hundred forty and nine, together with such other arrears as became due unto them for their service in England, before the said Fifth day of June, One thousand six hundred forty and nine, shall be made up and satisfied unto them out of the surplusage of the moyety of the ten Counties alotted to the Adventurers, in case any such surplusage shall appear to be; And out of the County of Lowth, except the Barony of Atherdee as aforesaid, or out of the forfeited Lands of other Counties in Ireland, to be appointed by the said Commissioners, or such other as the Parliament shall authorize thereunto, at the same rates, and with the same advantages, and in the way and maner as is prescribed for them that have their payment out of the ten forementioned Counties: And whereas it is found necessary, for the satisfaction of the arrears of those Forces of the Army in Ireland, who were lately disbanded, or are within short time to be disbanded, that several proportions of forfeited Lands be set forth in several parts, other then in the aforesaid ten Counties; that is to say, Out of the Province of Connaght, such of the forfeited Lands, beginning at the end of one Statute Mile round the Town of Sligo, and so winging upon the Seacoast, not above four Miles distant from the Sea, as should satisfie part of the said Forces; and out of the Barony of Atherdee in the County of Lowth, in the Province of Leinster; and out of the Baronies of Maghere, Stephany and Clanowley, in the County of Farmanagh in the Province of Ulster; and out of the Baronies of Farmoy du Hawley, Condons, Arrora, Carbery, Kilmote, Kilmolee and Kilnocker, in the County of Cork, such other of the forfeited Lands within the same, as should satisfie the rest of the said Forces in the apportioning or distribution; of which, care is to be taken that there be an assigning or alotment of Lands as they lie together, without intervals.
Lands set out to the persons disbanded by the Commissioners, to be enjoyed.
And that none shall pick or chuse as they lie dispersedly, or at distance one from another within the said Baronies, Be it therefore Enacted, and it is hereby Enacted by the authority aforesaid, That such forfeited Lands in all or any the Baronies or places aforesaid, as are or shall be by the said Commissioners in this Act aforenamed, before the last day of February, One thousand six hundred fifty and three, set out, apportioned and alotted to all and every the persons so disbanded, or that before the said last day of February, One thousand six hundred fifty and three, shall be disbanded, shall be by such disbanded Forces and every of them, their Heirs and Assigns, held and enjoyed under such Estates, Tenures, and upon such conditions as are in this Act expressed for the Adventurers, and the Officers and Soldiers of the standing Army.
Provision for maimed Soldiers and Widows.
And to the end that Maimed Soldiers and helpless or aged Widows may have speedy satisfaction, in such places as may be secure and convenient for their habitation, Be it Enacted by the Authority aforesaid, That the said Commissioners of Parliament shall be, and are hereby impowered to allot and set forth to maimed or impotent Soldiers, and to helpless or aged Widows and Orphans, who have Arrears due to them in right of any Soldier, or of any Officer slain or dead in the service in Ireland, whose respective Arrears exceeded not One hundred and fifty pounds, such forfeited Lands within the Barony of Ymokilly in the county of Cork, or the Barony of Castleknock in the county of Dublin, as shall satisfie their said respective Arrears incurred unto them or their Husbands, since the Fifth of June, 1649. at the same rates, and upon the same conditions as is allowed to the said Adventurers, Officers and Soldiers; and the Lands so set out to them, shall be by them, their Heirs and Assigns, held and enjoyed under the like Estates and Tenures, and upon like Conditions as the said Adventurers, Officers and Soldiers are by this Act to hold theirs.
Who shall have power to determine differences.
And be it further Enacted by the Authority aforesaid, That if any difference shall arise or happen amongst the Adventurers, or between any of them, or between them and the Soldiers, or between them and those who shall be admitted to purchase Lands, or between the Soldiers or the Purchasers, for or concerning the entring upon, possessing and setling of their Lands, according to the several Proportions alotted or made over to them respectively; The said Commissioners of Parliament shall be, and are hereby impowered and authorized by themselves, or such others as they shall appoint, to hear, examine, and finally conclude and end all such differences, that each may enjoy his and their proper Right, according to the true intent and meaning of this Act; and such their determination shall be conclusive and binding to all intents and purposes.
For five years taxes not to exceed one fourth part of the yearly value and profit of Land and Stock.; After five years the Assessment not to exceed the proportion in England.
And for the Encouragement of the said Adventurers, Officers and Soldiers, the ease and benefit of the Inhabitants already in Ireland, and the more speedy and effectual planting of the same, Be it further Enacted by the Authority aforesaid, That the said Adventurers, Officers and Soldiers, and their and every of their Heirs, Assignes and Tenants respectively; as also all other the Inhabitants, Owners, Occupiers and Tenants of Land in Ireland, shall from and after the Four and twentieth day of June, which shall be in the year, One thousand six hundred fifty and four, for and during the space of Five years then next coming, pay or be charged to pay, for and in consideration of the said Lands and Stock thereon towards any publique charge, no more then one fourth part both for the Land-lord and Tenant, of the true and full yearly value and profit of their respective Lands and Stock thereon: And after the expiration of those Five years, no more nor otherwise then what shall be assessed and rated for them to pay by Act, Ordinance or Order of Parliament, and therein not to exceed the proportion of Assessments which shall from time to time be imposed on the Inhabitants of this Commonwealth residing in England.
Quit-rents remitted for five years.
And for the further encouragement of the said Adventurers, Officers and Soldiers, and the more speedy and effectual planting of the said forfeited Lands in Ireland, Be it enacted and declared by the Authority aforesaid, That all and every of the Quit-Rents charged or reserved upon the said forfeited Lands, by any former Act or Ordinance of Parliament, shall be, and are hereby remitted for the Term of Five years: And the said Adventurers, Officers and Soldiers, or other persons who shall have any Lands set out unto them by vertue of this Act, their Heirs, Executors, Administrators and Assignes, shall be, and hereby are discharged and freed from any payment of any of the said Quit-Rents, for and during the said Term of five years, so be computed immediately from and after the respective Lands shall be set out or alotted unto them, and shall hold and enjoy their Lands, without any let, trouble, incumbrance or molestation whatsoever, for or in respect of the said Quit-Rents, for and during the Term aforesaid, Any thing in any former Act or Ordinance of Parliament to the contrary in any wise notwithstanding.
Restriction of this Remittal.
Provided nevertheless, and it is hereby declared and intended, That no person or persons whatsoever, shall be capable of the said Indulgence or Remittal of the said Quit-Rents, unless such person or persons shall within Twelve Moneths next after the alotment of his or their proportion of Lands, enter upon and begin to plant the same, by himself, servants or tenants, and continue in the planting and improving thereof, for the Term of three years at least then next to come, after the expiration of the said Twelve Moneths: But in case any shall refuse or neglect so to do, the Quitrents reserved by any former Act or Ordinance as aforesaid, shall be, and hereby are continued chargeable upon such his or their proportions of the said forfeited Lands; and all and every such person or persons shall be liable to pay the same, as if this Act had never been made.
Adventurers and Soldiers may purchase houses in Cities and walled Towns.; Proviso.; Saving of rights.; Priviledges to Limerick, Waterford and Clonmel.; Waste grounds in Cities or Towns may be granted to Protestants, provided they inclose and build habitable houses.
And be it further Enacted by the Authority aforesaid, That the Commissioners of Parliament aforesaid, shall, and are hereby authorized to admit the said Adventurers, Officers and Soldiers, to purchase any of the forfeited Houses or Messuages, in any City or Walled Town within any of the Ten Counties aforementioned, for their Security and Habitation, paying for the same after the rate of Six years purchase, to be paid in ready Money, as they are or shall be found by Survey to be of present value to be let; Provided they purchase no more then one Moyety of the Houses within the Cities of Limerick, Waterford, and Town of Clonmel; and that they do make their purchase of the same, at or before the twenty fourth day of June, which shall be in the year One thousand six hundred fifty and five: And in the sale and disposal thereof, the Commissioners aforesaid are to have respect to the accommodation of both equally and indifferently, saving unto every person and persons, all his and their Right, Title and Interest, to any House or Houses in any of the said Cities and Towns, that he or they were possessed of the twenty fifth of March, One thousand six hundred fifty and three, by force and vertue of any Act, Ordinance or Order of Parliament; or by Order from the Commissioners of Parliament, or any three or more of them, in pursuance of the Powers given unto them by the late Parliament: And that the said Cities of Limerick and Waterford, and Town of Clonmel, shall have equal Priviledges, Franchises and Immunities with the City of Bristol in England, and Charters granted unto the Inhabitants thereof under the Great Seal of England, to that effect: And if any vacant places or waste Grounds, heretofore belonging to the Rebels, and now forfeited, shall be found within the Walls of any of the said Cities or Towns, fit and convenient to be built on for Habitation, or other necessary accommodation; it shall and may be lawful for the said Commissioners, or any two of them, to grant the same grounds in convenient proportions to such person or persons whatsoever, professing the Protestant Religion, and to their Heirs and Assignes, as shall become Suitors for the same, without paying therefore any Fine or other consideration; Provided, that he or they inclose the said vacant places, and waste grounds, and build thereupon habitable Houses in good and substantial maner, as shall be thought fit and appointed by the said Commissioners, within the space of Three years next after the same shall be assigned and set out unto them.
Exemption from Military imployment for Ten years.
And for the better Encouragement of the said Adventurers, Officers and Soldiers, Be it further Enacted by the authority aforesaid, That neither they nor any of them, nor any of their Tenants or Servants residing upon any of the Lands to be set out and alotted unto them in the said Counties, save such as shall be under the pay of the Commonwealth, shall be put upon any Military Imployments for the space of Ten years next after their Dividents and Alotments of Land made unto them as aforesaid, without their own consents, further or otherwise then to defend themselves and their own Plantations against the Enemies of the Commonwealth in those Counties, Cities, Towns and places aforesaid; and in such case, to be conducted and commanded by their own Officers chosen by themselves, and approved of by the said Commissioners or the Commander in chief there of the Forces of this Commonwealth for the time being.
Gross Surveys.; Persons possessed of more land then their proportion, may buy the Overplus or restore it.; Otherwise such lands to be resurveyed.; Such Overplus to be seized, unless redeemed.; If no Resurvey in three years, there shall be no further Inquisition.
And whereas, for the more speedy and effectual setling the Adventurers, Officers and Soldiers in the said forfeited Lands, power is given by the Commission and Instructions under the Great Seal, in this Act beforementioned, for the taking and returning a gross survey of the said forfeited Lands, as in and by the said Commission and Instructions is at large expressed and directed, Be it further Enacted by the Authority aforesaid, That in case the said Adventurers, Officers or Soldiers, or any of them, shall upon such gross survey be possessed of more Land then is due unto them or any of them for their respective Proportions, it shall be, and hereby is made lawful for them or any of them, within the space of Two years, from and after the twenty fourth of June, which shall be in the year One thousand six hundred fifty and four, to purchase the Overplus thereof from the said Commissioners at three years value ready money, according to what it was let for, or worth to be let in the year One thousand six hundred and forty, or otherwise to restore the said Overplus for the use and benefit of the Commonwealth: And in case the said Adventurers, Officers or Soldiers, or any of them do forbear to purchase or restore the same, for the space of the said Two years, the said Commissioners, or such as the Parliament shall authorize thereunto, shall have power within the space of Three years after the expiration of the said term of Two years, and not afterward, to cause the same to be re-surveyed and measured; and in case that the said Adventurers, Officers or Soldiers, or any of them, shall after the Two years as aforesaid, be found possessed of more then is due unto him or them, the said Commissioners or other persons so authorized, shall have power to seize upon such Overplus of the Land of the said person or persons so in default, to and for the use of the Commonwealth, unless the said person or persons do redeem the same, by paying in ready Money for the said Overplus six years purchase, according to the true value thereof in the year One thousand six hundred and forty; Provided, That such seizure be made upon such part of the said Lands, as shall be to the least prejudice of his or their Purchase: But if within the term of Three years as aforesaid, no re-survey and admeasurement shall be made, and overplus found, there shall be from thence forward no further Inquisition made; but the said Lands possessed and held upon such gross survey as aforesaid, shall remain and be for ever in the possession of the said Adventurers, Officers and Soldiers respectively, their Heirs, Executors, Administrators or Assignes (who shall then hold and enjoy the same without any let, trouble, incumbrance or molestation whatsoever, for or concerning any Re-survey or Overplus).
Protection to Planters.
And be it further Enacted by the Authority aforesaid, That all the Adventurers, Officers and Soldiers, who shall proceed to plant upon their several Proportions and Alotments of Land so to be set out as aforesaid, unto them and their Tenants respectively, shall have equal protection against the Rebels and other Enemies, with other members of the Commonwealth of England inhabiting Ireland; and shall have and enjoy all Grants, Rights, Immunities and Priviledges, which by any former Acts or Ordinances of Parliament have been granted unto the Adventurers for Lands in Ireland, and not restrained by this Act.
Provision for Free Schools and Manufactures out of the Overplus of forfeited lands in the aforesaid Counties.
And be it further Enacted by the Authority aforesaid, That in case there shall be found an Overplus of the forfeited Lands in the respective Counties aforesaid, after the Adventurers and Soldiers are satisfied, The said Commissioners of Parliament, or such others as shall be authorized thereunto, shall have power, and are hereby required to set forth and grant out of the same, such a proportion of land, not exceeding the value of One thousand Pounds yearly Rent in any one county, for and towards the Erecting and Maintaining Free-schools, and for the setting up and maintaining Manufactures in convenient places within those counties.
Who shall execute the powers for appointing Maintenance for Ministers, erecting Corporations,; and regulating Plantations.; Publique Meeting places, Highways and Bridges.
And be it further Enacted, That those powers and authorities which are mentioned in the third article of the first Act of Parliament, for the Adventurers for lands in Ireland, for appointing of Maintenance for Preaching Ministers, Erecting of Corporations, and Regulating the several Plantations, according to the intent and meaning both of the former Acts and Ordinances, and in pursuance of this present Act, be and hereby are vested in the said Commissioners of Parliament, or such others as shall be authorized thereunto, who are to execute the same accordingly: And also to take order for the Erecting of Publique Meeting-places for the Worship of God, and for laying out High-ways of convenient breadth, and for building and repairing Bridges, for the ready passage of Travellers and Carriages from place to place throughout the countrey.
Estates setled according to Lots, Grants &c.
And to the end the said Adventurers, Officers and Soldiers, and other person or persons who shall have Lands alotted, granted or set out unto them by vertue of this Act, may be confirmed and setled in their respective Shares, Proportions, Alotments and Purchases, Be it Enacted by the Authority aforesaid, That all and every Adventurer and Adventurers, having a Certificate under the hands and seals of any Five or more of the Committee at Grocers-Hall afore-mentioned, whereby he or they are enabled and authorized to make their Claims of Lands in Ireland respectively, according to the said Order of the said Council of State, dated the First of June, One thousand six hundred fifty and three; And all and every Officer or Soldier having (after the Division made among the Officers and Soldiers) a Certificate under the hands and seals of the Commissioners of Parliament, or any two or more of them; and all other person or persons who shall become Purchaser or Purchasers of any Houses or Lands, having a Certificate or Conveyance under the hands and seals of the said Commissioners of Parliament, or such others as shall be authorized thereunto, shall from and immediately after the setting out and particular alotting unto them their respective Shares and proportions accordingly, and the due Recording or Registring thereof, with the Publique Register for the said lands, be, and are hereby adjudged to be in the actual Possession and Seisin of all and every such houses and lands, with all things thereunto belonging, mentioned in his or their Shares and Alotments; And that he or they may then forthwith enter upon, have, hold and enjoy the same to him or them, their Heirs or Assignes for ever respectively, to be held in free and common Socage, as of the Castle of Dublin, under the covenants and conditions reserved and made, or now reserved and made, as by this Act is directed, limited and appointed.
Adventurers excluded from the benefit of forfeitures of such as paid not in their Moneys.
And be it further Enacted by this present Parliament, and the Authority thereof, That all those Adventurers for Lands in Ireland, which shall partake of the Priviledges in this Act contained, shall be excluded the benefit of any forfeiture committed by any of the Adventurers, who have not paid in their Monies according to the Tenor of any former Act of Parliament, Any Clause in the former Acts or Ordinances expressed in any wise notwithstanding.
Such as paid not in their full Subscriptions, may pay within three Moneths.; Such as are poor shall be admitted for so much as they paid in.
And all Persons, Corporations or Bodies Politique, who have made default by non-payment of their full Subscriptions, shall have liberty to pay to Thomas Andrews Alderman of the City of London, so much Money as may fill up and satisfie his or their former Subscriptions, or such a part as may not be of a lesser proportion then was formerly paid by him or them in the year One thousand six hundred forty and two; and the Receipts of the said Thomas Andrews given in that behalf, which he is hereby authorized to give, shall be admitted by the Committee at GrocersHall, and their Certificate thereupon, which they are also authorized to give, shall be a sufficient Warrant to him or them so paying, to make claim for so much Land as the Money now paid, being added to the former payment, amounteth unto upon any former Acts, or this present Act of Parliament; always provided, the same be paid within Three Moneths after the publishing of this Act. And all other Adventurers, who have not brought in their Moneys according to their former Subscriptions, being now poor and unable to pay in the rest of their Adventure, and shall be so adjudged and certified by three Justices of the Peace, in the respective Counties and Cities wherein they live (which Certificate the said Justices are hereby authorized to give under their Hands and Seals) That Certificate, with their former Receipts under the Treasurers Hand, shall be admitted by the Committee of Grocers Hall, and their Certificate thereupon, which they are hereby authorized to give, shall be a sufficient Warrant to such poor person or persons, to make claim for so much Land in Ireland, as the Money he or they at first advanced shall amount unto upon any former or this present Act, without any other additional payment in Money; which said claim shall be allowed of accordingly and satisfaction be made in Land, in like maner as is appointed for the rest of the Adventurers, and shall be enjoyed accordingly: And what Money shall be brought into the Treasury hereupon, shall be disbursed for Surveying the Lands, and defraying other necessary Charges in setling the said Plantations, in such maner as the Parliament shall direct and appoint.
How the rest of the forfeited houses and lands shall be disposed of.; For Arrears of the present Army in Ireland due since the fifth of June, 1649.; Arrears before that time.; Arrears for service in England or Ireland how to be stated.
And be it further Enacted by the authority aforesaid, That all other the Houses and Lands of the Rebels in Ireland, and all the Lands forfeited by vertue of the beforementioned Acts of Parliament, with their and every of their Appurtenances, scituate, lying and being within all the several Provinces and Counties of Ireland, except such as are in this Act hereafter excepted, shall be set forth and disposed of by the said Commissioners, for the uses and purposes hereafter expressed; that is to say, For and towards the satisfaction of such arrears of pay of the Officers and Soldiers, and others of the present Army in Ireland, as became due since the Fifth day of June, One thousand six hundred forty and nine, for their Service in Ireland, or before that time for their Service in England as aforesaid; which shall not be satisfied and paid out of the forfeited Houses and Lands, within the Ten Counties formerly by this Act appointed, whose satisfaction out of the same is to be at the same rates, and with the same advantages, as are allowed to those that have their payment out of the before-mentioned Ten Counties: And after Satisfaction made as aforesaid, the remainder of the said forfeited Houses and Lands shall be set forth and disposed of at the Rates hereafter expressed, for the satisfaction of other Arrear and Debts hereafter mentioned; that is to say, For the satisfaction of all other the Arrears of the said Officers and Soldiers of the present Army in Ireland, which became due before the said Fifth day of June, One thousand six hundred forty nine, for their Service in Ireland, not otherwise satisfied: And the Arrears of any other Officers or Soldiers that served the Parliament in England or Ireland, and have continued faithful to the Parliament for their Service done in England or Ireland; which Arrears for Service done in Ireland, are to be stated by the Commissioners for Accompts in Ireland, according to the Rules and Directions to them given in an Act of the late Parliament, Entituled, An Act for stating and determining the Accompts of such Officers and Soldiers, as are and have been imployed in the Service of this Commonwealth in Ireland: And the Arrears for Service done in England, not being already stated, are to be stated by such persons, and in such maner as the Parliament shall hereafter direct: And Debentures are to be taken forth accordingly, upon which, the said Commissioners of Parliament are to set out and make over to them, their Heirs, Executors or Administrators, proportions of forfeited Lands, at such Rates, and upon such Conditions as is hereafter mentioned, for those who have publique debts due to them.
Moneys lent.; I rovisions.; Debts made appear; Moneys or Commodities advanced by authority of Parliament, or for which payment is ordered.; So as the Debts have not been forfeited.; Lands to be set forth.; Rates.; Tenure.
And likewise, the said remainder of the said forfeited Lands, is to be set out and disposed of for the just Satisfaction of all such persons, their Executors, Administrators or Assignes, Bodies Politique or Corporate, as have lent Monies upon the Publique Faith; and of all such persons, as by Order from the Lords Justices and Council of Ireland, did before the Cessation made with the Rebels of Ireland by the Earl of Ormond, on the Fifteenth day of September, in the year One thousand six hundred forty and three, deliver for the use of the Parliaments Army there, any Moneys Arms, Ammunition, Victuals, Clothes, or other Provisions, for which they received Bonds from the said Lords Justices and Council, or some of them; or Bills of Exchange, or Letters of that nature; or Warrants from the Lords Justices and Council, to receive satisfaction for the same from the Parliament, or from the Treasury then in England, or who furnished any Money, Commodities, Provisions or Supplies of any kinde, to or for the use of the Forces under Colonel Michael Jones, Sir Charls Coot, or Colonel George Monck, in the Parliaments Service; or for the use of the Parliaments Forces in the Province of Munster, before the Revolt from the Parliament, or for the maintenance of the Forces in the Town of Drogheda, when it was besieged by the Rebels in the year One thousand six hundred forty and one; or who by Commission set out, manned or maintained any Ships or Vessels for opposing and suppressing the said Irish Rebels, and have good Warrants, Certificates, Receipts, Attestations or Vouchers, to make the same appear; and of all such persons who have made their Debts to appear unto the Parliament, the Council of State, or any Committee of Parliament in a preparatory way for a Report to be made to the Parliament for their satisfaction; or unto any other persons authorized by the Parliament, to take knowledge of and allow those Debts; or who did advance Money, or furnish any Commodities by Order of Parliament, or any Committee of Parliament, authorized in that behalf, for the Service of Ireland; or have pro cured any Act, Ordinance or Order of Parliament, or of any Committee of Parliament thereunto authorized, for payment to be made unto them: They and every of the said person or persons, their Executors, Administrators or Assigns, to whom all or any such Debts as aforesaid do belong, making Oath before the Committee at Grocers-Hall in this Act mentioned, (who are hereby authorized to administer the same, and thereupon to give a Certificate thereof under the Hands and Seals of any Five or more of them) or before the Commissioners of Parliament, or Commissioners for Accompts in Ireland, expresly deposing that Satisfaction hath not been made for the same, or any part thereof now demanded to be satisfied in Land: And the said person or persons, to whom such Debts were or shall be respectively due, not having by their or any of their Delinquencies forfeited the same, their said Debts shall be taken notice of, examined and stated by the aforesaid Commissioners for Accompts in Ireland, who are hereby authorized accordingly to state the same upon the said Vouchers and Oaths, using therein the strictest Enquiry they can make to discover the truth of such Debts, Certificates, and Vouchers; for which they are hereby authorized to adminster an Oath or Oaths as they shall see cause; and having taken in their said Vouchers, and transmitted them to the Register for Debentures, in like maner as they are by the Act for stating and determining the Accompts of the Soldiery, appointed to do for those Certificates, Bills or Vouchers, upon which Soldiers Accompts are to be stated, they are to give forth Certificates or Debentures under their Hands and Seals of what sums they finde so to be due unto the said persons or any of them; And such their Certificates being allowed by the Commissioners of Parliament, they the said Commissioners of Parliament are thereupon to set forth, and make over unto them, their respective Heirs, Executors or Administrators, Lands for the same, at the Rate of Four years purchase for unplanted lands, and Six years purchase for planted or tenanted lands, the same to be set out by survey to be taken upon oath; in which the Houses, Buildings and Timber are to be valued, and the Lands rated as they were let for, or were worthy to be let in the year One thousand six hundred and forty: And the said lands and premises so set out to them or any of them, are to be held and enjoyed by them in free and common Socage, in like maner as the Adventurers, Officers and Soldiers are to hold their lands, and under such covenants and conditions as in this Act are prescribed for them the said Adventurers and Soldiers.
Forfeiture for false Bills, &c.
Provided always, and be it Enacted, That if any person or persons shall make, procure or produce any false Bill, Certificate or Voucher, or shall make any false oath, to the prejudice of the Commonwealth, for or concerning any such Debt; upon discovery and due conviction of the same, every such Offender shall not onely forfeit all Arrears and debts due unto him or them (if any remain due at the time of the discovery) but shall be liable to imprisonment and sequestration of his or their Estates, to the use of the Commonwealth.
Mines excepted.
Provided, That all and every the Mines of Silver and Gold, in and upon any of the said forfeited lands disposable by this Act, be reserved and exempted from sale, to be kept for the best advantage of the Commonwealth; and that all Dues and Rights payable out of any other Mines, be still paid and continued to the use of the Publique, according to the Laws and Statutes in that behalf.
Protestants may purchase or farm houses or lands.; Priviledges.
And be it further Enacted and Declared by this present Parliament, and the Authority of the same, That it shall and may be lawful for all persons of what Nation soever, professing the Protestant Religion, to purchase or take to farm any of the aforesaid forfeited Houses and Lands in Ireland, so set out, alotted, sold, demised or otherwise disposed of, or any other the forfeited lands in Ireland, not hereby disposed of, and to inhabit, dwell and plant in and upon them or any of them, and in any of the Counties, Cities or Towns mentioned in this Act, to be peopled, inhabited and dwelt in; And that all and every such person and persons shall have and enjoy all Rights, Priviledges, Freedoms and Immunities which belong unto, or may lawfully be claimed by Protestants Natives of this Commonwealth, both in England and Ireland.
Liberty to transport Horses, Corn, Tools, &c.; Ports from whence such transportation shal be.
And be it Enacted by the Authority aforesaid, That every person which shall have any part of the said lands, so to be divided and alotted as aforesaid, shall and may export out of England or Wales, any Horses, Mares, Cattel, Sheep, Corn, Materials, Tools, Instruments for building, and Houshold-stuff, for the planting, improving and stocking of the said lands, or any part thereof, at any time during the space of Three years, to be accompted from such Division and Alotment to be made as aforesaid, without paying any custom, subsidy or impost for the same; the Owners of the Goods and Masters of the ships in which they shall be from time to time transported, giving security to the Officers of the respective Ports, by such Bonds and in such sort, as by former Laws and Statutes is provided for those that ship and carry Goods from Port to Port in England: Provided, That such Sheep, Horses and Mares be transported from one of the Ports hereafter named; that is to say, From Padstow Barnstable, Ilford-Comb, Minehead, Bristol, Milford-haven, Westchester, Leverpool, White-haven, Wyre, Holly-Head, Swanzey or Beaumorris, and from no other Port whatsoever.
None may sell or alien to persons within the Qualifications in a former Act.; 12 Aug. 1652, Penalties.
Provided always, and be it hereby Declared and Enacted, That no Adventurer, Soldier or Purchaser, who shall be possessed of any forfeited Houses or Lands by vertue of this Act; or any other person Buying, Purchasing or Holding Houses or Lands from or under any of them, shall sell or alien any part or parcel of such Houses or Lands, unto any person or persons who are comprehended in the Qualifications of the Act of Parliament, Entituled, An Act for the setling of Ireland; under the penalty of Forfeiture of so much of the said Houses and Lands, as they shall so sell or alien, to the use of the Commonwealth. And that whosoever shall let, set, or grant by Lease, directly or indirectly, any of the said forfeited Houses and Lands to any person or persons comprehended in the Qualifications of the said Act, Entituled, An Act for the setling of Ireland, shall pay towards the pay of the Army there, and other publique Charges, the one half of the yearly Revenue or value of the said Houses or Lands so let, set, or granted by Lease to any such person or persons.
Castles, Citadels. Forts, Blockhouses, &c. excepted from Sale.; Houses and lands in Dublin, Cork Kildare and Caterlagh reserved.; Lands given or granted by Act or Ordinance of Parliament.; Grants on the Propositions by the Lord Deputy Ireton.
Provided always, That this Act, or any thing therein contained, shall not extend to the alotment, sale or other disposition of any the Castles, Citadels, Forts, Bulwarks, Rampiers, Block-houses, or other places of Defence in any of the Towns, Counties or Provinces in Ireland, which are or shall be within Six Moneths after the publication of this Act, judged and declared by the Parliament, Commissioners of Parliament, or Commander in Chief in Ireland, to be fit and meet to be reserved, used and disposed of for the publique safety of the Land, and the Service of the Commonwealth: nor to the alotment, sale or other disposition of any of the forfeited Houses or Lands as aforesaid, in any of the Counties of Dublin Cork, Kildare or Caterlagh, except onely of such Manors, Lands, Tenements and Hereditaments; or Manors, Lands, Tenements and Hereditaments, to such value in those Counties, as have been given or granted unto, or setled upon, or intended or ordered to be given or granted unto, or setled upon any person or persons, their Heirs or Assignes, by any Act, Ordinance or Order of Parliament; or by the last Article of the further Instructions of the Council of State, or as are particularly before in this Act disposed or appointed for the disbanded Forces, Widows or Orphans in this Act before mentioned; All and every of which said Manors, Lands, Tenements and Hereditaments; or Manors, Lands, Tenements and Hereditaments, to such value as have been given, granted or setled, or intended to be given, granted or setled as aforesaid, which are before in this Act disposed or appointed for the said disbanded Forces, Widows or Orphans; or as have been assigned or ordered by any Act, Ordinance or Order of Parliament for satisfaction of Debt, either in the said Counties of Dublin, Cork Kildare or Caterlagh, or in any other the Counties or Provinces of Ireland: And also all Grants, Priviledges and Immunities made and given by the Commissioners of Parliament in Ireland, upon the Propositions of the late Lord Deputy Ireton for the planting of Waterford (confirmed by the late Parliament) and to the present Tenant or Tenants of the Island, called The Little Island, in the River of Waterford, shall be, and are hereby confirmed to them, their Heirs and Assignes respectively, according to the true intent and meaning of such Acts, Ordinances, Orders, Instructions and Grants as aforesaid, Any thing in this present Act, or in the former Acts or Ordinances for the Adventurers for Lands in Ireland, to the contrary in any wise notwithstanding.
Persons imployed herein not to be Purchasers.
Provided always, and be it hereby Declared, That no SurveyorGeneral, Register, Under-Surveyor, or any other person imployed in the execution of this Service, his or their childe or children, during the time of their imployment, or any in trust for him or them, shall be admitted directly or indirectly to be a Purchaser of any part of the Lands to be surveyed, upon pain that the Purchase be void, unless that they do first acquaint the Commissioners of Parliament with their desires, and obtain license from them for the same.
Such shall have lands set out for Arrears or Publique Debts.
Provided always, That if any of the aforesaid persons to be imployed by this Act, their childe or children, Heirs or Executors, have Arrears or Publique Debts due unto them from the Parliament, which shall be allowed of as aforesaid, That the Commissioners of Parliament be, and are hereby authorized to lay out and make over Lands for their satisfaction, in such maner, and at such Rates, as are appointed by this present Act for other Arrears or Debts of the same nature.
Lands in Connaught and Clare, except Sligo, reserved.
Provided always, That this Act, or any thing therein contained, do not extend unto the forfeited Lands in the Province of Connaught, and the County of Clare, nor any part thereof, for the ends and purposes aforesaid; except the Lands about Sligo, and upon the Sea-coast in this Act before mentioned, to be assigned and set apart for the said Forces lately disbanded; but that the said forfeited lands within the said Province and County, except as aforesaid, shall be and hereby are reserved and appointed for the habitation of all the Irish Nation, comprehended in the Qualifications mentioned in the Act, Entituled, An Act for setling Ireland; and for other the ends and uses specified and appointed in the foresaid further Instructions from the Council of State, to the said Commissioners who are to dispose of the same accordingly.
Commissioners may direct Transplantation before the claims determined.
Provided also, That in case the said Commissioners of Parliament shall finde it inconvenient or dilatory, to proceed in the first place to the ascertaining of Titles, and distinguishing of persons according to the Qualifications mentioned in the said Act for the setling of Ireland, before transplanting the Irish; it shall and may be lawful for the said Commissioners, to order and direct the Transplanting of the said Irish, although their Claims be not first determined, or their Qualifications distinguished, Any thing in this Act, or any the aforesaid Instructions to the contrary notwithstanding.
Lands to be set out in such case by estimation.
And that it shall and may be lawful for the said Commissioners of Parliament, to set out unto such of the said Irish, whose Claims shall not be timely determined, Lands in Connaught, which by estimation may be proportionable to the Estate so by them claimed, or competent to such Stock, as each of the said persons shall have to occupy the said lands withal, as the said Commissioners shall think fit, and afterwards to determine their respective Claims, and to put them into possession of lands accordingly.
Lands to Inhabitants of Gloucester; Lands to the Town of Leverpool.
And be it further Enacted by the Authority aforesaid, That in consideration of the losses sustained by Anthony Edwards one of the Aldermen of the City of Glocester, and Thomas Whitcomb of the said City, and many others named in a List delivered in to the Committee of the late Parliament for Irish Affairs (by suffering their Houses voluntarily to be burned, and their Goods and Lands destroyed for the Service of the Parliament, before the late seige of the said City of Glocester by the late Kings Forces) such part and share of the said forfeited Lands as shall be valued at Ten thousand pounds, according to the rates set upon those Lands appointed by this Act to be set forth unto the Adventurers for Irish Lands, be set forth and sufficiently conveyed unto the said Anthony Edwards Thomas Whitcomb, and their Heirs in trust, for the use of themselves, and all others named in the said List, to be divided amongst them, or the Heirs, Executors, Administrators or Assignes of themor any of them respectively, according to their several and respective losses and sufferings mentioned in the said List.
And be it further Enacted, That in consideration of the great Losses of the Town of Leverpool, the Commissioners of Parliament in Ireland shall set forth and appoint so much Land as amount, to the value of Ten thousand pounds (according to the rates that the Debts due upon the publique Faith are appointed to be satisfied by this Act) for the use and benefit of the said Town and their Successors for ever.
To Richard Nethoway.
And be it further Enacted by the Authority aforesaid, That the Commissioners of the Parliament in Ireland, be, and they are hereby authorized and required to set out Lands to the value of Five hundred pounds of the aforesaid forfeited Lands, unto Richard Nethowey of the City of Bristol Brewer, or his Assignes, according to the Rules and Directions in this Act, for satisfying the publique Faith; and to put the said Richard Nethowey, his Heirs or Assignes into the possession thereof, to be enjoyed by him the said Richard Nethowey, his Heirs or Assignes accordingly.
Arrears to Colonel Hewson.
Provided always, That the Commander in chief, and Commissioners of Parliament in Ireland, do cause the Arrears of Colonel John Hewson, Governor of Dublin, for his service in Ireland, to be stated and set out unto him, (in Satisfaction for the Arrears due to him for his service in England and Ireland, according to the Rates in this Act mentioned) Lands in some convenient place contiguous to his said command, Any thing in this Act to the contrary notwithstanding.
To John Cook.
Provided also, and be it Enacted, That this Act shall not extend to the dwelling-house of John Cook, one of the Justices for the Province of Munster in Ireland, scituate in the City of Waterford; nor to the Farm of Kilbarry, being two Plow-lands and an half, lying within the liberty of the said City; nor to the Farm of Barnhaley in the county of Cork, being three Plow-lands, which are in the possession of the said Justice Cook; which House, Farms and Lands with their Appurtenances, are hereby setled upon the said John Cook and his Heirs for ever, for his good and faithful services in Ireland, and in lieu of all Arrears of Pension due unto him for the same.
The Order of the Council of State confirmed by this Act.
Order of the Council, confirmed by this Act.
Whereas divers of the Inhabitants of this Commonwealth, did in the year One thousand six hundred forty and two, and since, issue forth considerable sums of Money by way of adventure for Lands forfeited in Ireland, (upon the late Rebellion) according to sundry Acts and Ordinances of Parliament granted in that behalf; in pursuance whereof, and that every Adventurer may receive satisfaction by lot, where his divident of land shall be, it is therefore ordered by the Council of State, That Methusalah Turner of Cheapside London, Linen-Draper; Robert Hammon of Broadstreet London, Merchant; Henry Brandriff of Walbrook London, Merchant; Nathanael Manton of Ironmonger-lane London, Merchant; Elias Roberts of Broadstreet London, Merchant; Doctor Hubbard of Doctor of Francis Blomer of Esquire; Colonel George Gill, and Lieutenant Colonel Fenton, or any five or more of them, be intrusted, and are hereby authorized to examine the truth of all mens Claims, by comparing their Receipts and Assignments with the Original Books, and shall cause an Entry to be made in a Book fairly written and kept for that purpose, of all and every such sum and sums of Money (in words and not in figures) as shall be by them allowed, as also of the names, as well of the first Adventurers, as of the person or persons now claiming the same; And shall likewise cause a Transcript of the said Original Books to be written, and therein make from time to time, as they shall allow of any sum, a Memorandum upon the sum so by them allowed and there entred, That the same is allowed, to the end the same may not be again charged: And the said Committee or any Five or more of them, after the claims are cleared, shall contrive and appoint such a method for the management of all mens lots, as to their utmost skill shall be most free from all offence and just exception.
And to the end all Adventurers for Lands in Ireland may have knowledge and take notice hereof, It is further ordered, That in Grocers-Hall London, upon the twentieth day of July next ensuing, being in the year of our Lord One thousand six hundred fifty three, by Eight of the clock in the morning this Lottery shall begin: And the said Committee or any five or more of them, are further ordered to admit so many Adventurers to joyn in one and the same lot as shall desire it, provided no one lot exceed Ten thousand pounds; and no more lots for the Province of Munster, then shall amount unto One hundred and ten thousand pounds: For the Province of Leinster, Two hundred and five thousand pounds: For the Province of Ulster, Forty five thousand pounds, accompting all Moneys as doubled, brought in upon the Ordinances of the fourteenth of July, One thousand six hundred forty three, and the thirteenth of November, One thousand six hundred forty seven, to make up the said Sums; and in the second Alotment for counties, no one Lot to exceed Five thousand pounds; and no more lots for the county of Waterford, then shall amount unto twenty thousand pounds: For the county of Limerick, Thirty thousand pounds: For the county of Tipperary, Threescore thousand pounds: For the county of Eastmeath, Fifty and five thousand pounds: For the county of Westmeath, Threescore and ten thousand pounds: For the Kings County, Forty thousand pounds: For the Queens county, Forty thousand pounds: For the county of Antrim, Fifteen thousand pounds: For the county of Down, Fifteen thousand pounds: For the county of Armagh, Fifteen thousand pounds; and after Alotment is so made, to ascertain what quantity of Land is due to each of the said Adventurers, according to the Rates for the respective Provinces, mentioned in the Act of Parliament in that behalf; and the Measure allowed by the said respective Acts and Ordinances, within which such Adventurer comes. But for avoiding the Inconveniences that may arise from observing English and Irish Measure, in the surveying and setting forth of the said Lands, and that nevertheless the Adventurers to whom it doth belong, may have the benefit of Irish measure; It is ordered, That for such of the Adventurers as have a right thereunto, the said Committee shall compute and set down how many Acres English measure such Adventurers proportion in Irish measure doth amount unto; and shall accordingly give unto each of the said Adventurers a Certificate, what number of Acres (according to English measure) is due unto him, either by force of the said Act, or in lieu and satisfaction of his proportion of Acres Irish Measure, according to the said former Acts and Ordinances; which Certificate, under the Hands and Seal of any five or more of the aforesaid Committee, shall be a sufficient Warrant for every Adventurer receiving the same, to make his claim in Ireland; and the said Committee shall cause an Entry to be made in a Book for that purpose, of all and every Certificate and Certificates which they shall give to any person or persons, expressing the sum in Words, and not in Figures, the name of the first Adventurer, and of the person to whom such Certificate shall be given; together with the proportion of Lands due to him, as the same shall be contained in the said Certificate; and shall cause a Transcript thereof in a Parchment Roll to be made, and transmitted into the Chamber of London, there to remain as a Publique Record.
Provided always, the right of Election for Provinces, in the maner of Alotment, be preserved unto such as have or shall claim the same, upon the Ordinances of the Fourteenth of July, One thousand six hundred forty and three, and the Thirteenth of November, One thousand six hundred forty and seven.
And it is further Ordered, That the said Committee be authorized to receive one peny upon the pound, of and for every Adventurer, for so much Land as he shall be intitled or lay claim unto, towards the defraying of all incident Charges here for carrying on this Service.
The Commission with Instructions confirmed by this Act.
The Commission
The Keepers of the Liberty of England by Authority of Parliament, To our Trusty and Well-beloved, 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; Greeting.
Whereas since the beginning of the late horrid Rebellion in Ireland, in the year One thousand six hundred forty and one, four several Acts of Parliament have been made for the Encouragement of well-affected persons, Bodies Politique and Corporate, to pay in divers considerable Sums of Money by way of Adventure towards the Suppression of the said Rebellion; that is to say. One Act Entituled, An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland, to their due obedience to his Majesty and the Crown of England; And one other Act, Entituled, An Act for adding unto, and explaining of certain Clauses in another Act made this Parliament, Entituled, An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty, and the Crown of England; And one other Act, Entituled. An Act to enable Corporations and Bodies Politique, to participate in the benefit of an Act lately passed, Entituled, An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty and the Crown of England; And one other Act, Entituled, An Act for the further Advancement of an effectual and speedy Reduction of the Rebels in Ireland, to the obedience of his Majesty and the Crown of England. And whereas since the making of the said four Acts, one Ordinance was also made, Entituled, An Ordinance or Declaration of the Lords and Commons assembled in Parliament, for the Encouragement of the Adventurers to make new Subscriptions for Towns, Cities and Lands in Ireland: And likewise another Ordinance of the Thirteenth of November, One thousand six hundred forty and seven: Upon which several Acts and Ordinances great Sums of Money have been subscribed, and paid into the respective Treasurers therein named, which by the said Acts and Ordinances are to be satisfied by several proportions of the Lands of the Rebels aforesaid: And whereas also several great Sums of Money are grown due and in arrear, as well unto the Officers and Soldiers who have been imployed in reducing the said Rebels, as which have been lent, advanced or are grown due for Arms, Ammunition, Provisions and other Supplies for that Service.
And whereas it is Declared, That the said Rebels are subdued, and that the Rebellion in Ireland is appeased and ended, to the end that Satisfaction may be made unto the Adventurers, Officers, Soldiers and other persons aforesaid, as soon as possible may be, and that Countrey of Ireland planted and setled with security unto the Inhabitants, and such as shall plant the same; We reposing trust and confidence in your Care and Faithfulness, have Constituted, Ordained and Appointed, and by these presents do Constitute, Ordain and Appoint you Our Commissioners, giving and granting unto you, or any Two or more of you, full power and authority in pursuance of the said Acts and Ordinances, to put in execution all and every the Instructions hereunto annexed, for the exact and perfect Survey and Admeasurement of all and every the Honors, Baronies, Castles, Manors, Lands, Tenements and Hereditaments, forfeited by force or vertue of all or any of the said Acts; and also of all and every the Honors, Baronies, Castles, Manors, Lands, Tenements and Hereditaments belonging to the Crown of England, in the year One thousand six hundred and thirty, or any time since, or late belonging to any Archbishop, Bishop, Dean, Dean and Chapter, or other Officer belonging to that Hierarchy, in right of the Archbishoprick, Deanary, or other Office aforesaid.
And we do further hereby give Power and Authority to you Our said Commissioners, or two or more of you, to nominate and appoint such fit and able persons to be Surveyors-General, and also to approve of or reject, as you shall finde cause, such person and persons as shall be nominated unto you by the said Surveyors-General, to be imployed as Surveyors under them for the puposes aforesaid, and to constitute and appoint a fit person of Integrity and Ability (for such an Imployment) to be Register for the said Lands, to execute and perform the Office of Register according to the Instructions aforesaid, so far as the same concern the Register.
And We do hereby further Authorize you Our said Commissioners, or any two or more of you, to administer unto all and every the said Surveyors-General, Register, Deputy-Register, and Under-Surveyors, before they enter upon the Execution of their respective Places, the Oath and Oaths respectively in and by the said Instructions appointed to be administred, and to administer an Oath in such other cases as are hereby appointed; and to appoint such and so many Clerks and other Officers onely, as shall be necessary for the speedy perfecting the said work; and to give your warrant and warrants for payment, from time to time, or such Moneys as shall be payable unto them and every of them, for their respective Salaries, out of the forfeited Lands or Publique Revenues of Ireland, &c. in such maner, as by the said Instructions is appointed; and to do or cause to be done, all and every other act and acts, thing and things, directed by, or contained in the said Instructions. Witness Our selves at Westminster, &c.
The Instructions.
The Instructions.
You shall, immediately upon the receipt of this Commission, cause Proclamation to be made in every county of Ireland, so as the same may be Forty days at the least before the setting forth of any the Land in the said Commission intended, to this effect, viz. That every person, or the Heirs, Executors or Assigns of such person, who on the Twenty third day of October, in the year One thousand six hundred forty and one, had any lawful Right, Title or Interest in, or out of any of the Lands of any of the Rebels in Ireland, or any the Lands forfeited by the Acts of Parliament in the said Commission specified, lying within the county where any such Proclamation shall be made, shall within Twenty days after the said Proclamation shall be made in the said County, enter his and their claim to the same, before such persons as shall be authorized by you to receive, hear and determine the said claims.
You shall forthwith appoint such Commissioners as you shall think fit, and shall authorize them to receive all and every such claim and claims as shall be made in pursuance of the Proclamation aforesaid, by the time therein limited, and to cause the same to be entred by such Register as you shall appoint for that purpose; and immediately after the Entry of such claims, to proceed in examining and determining the same, and that they cause a copy of such determination under their hands, or so many of them as you shall appoint, to be sent unto the Register for the said forfeited Lands, to be by him annexed to the Survey of those Lands, touching which such claim shall be made.
You shall cause to be surveyed all the Honors, Baronies, Castles, Manors, Lands, Tenements and Hereditaments of, or lately belonging to all and every the Rebels in Ireland, and all the Lands forfeited by vertue or force of the several Acts of Parliament in the said Commission expressed, or any of them, lying or being within all and every the provinces of Ireland; and all the Meadow, arable and profitable Pasture belonging to each of the said Honors, Baronies, Castles, Manors, Lands and Tenements respectively to be admeasured and set forth, so as the same may be certainly and distinctly, known from other Lands there, by their qualities, quantities, names, scituation, parish or place where the same do ly, with their Meets and Bounds, the Bogs, Woods and barren Mountains belonging to the respective premises, being mentioned in such survey respectively, but not admeasured.
You shall give Instructions to the Surveyors-General, and the Surveyors to be imployed under them, in the first place to survey, admeasure and set forth all and every such of the said forfeited lands and premises, as shall lye and be within the respective Counties of Limerick, Tipperary and Waterford in the Province of Munster; the Kings County, the Queens County, the Counties of Eastmeath and Westmeath, in the Province of Leinster; the Counties of Down, Antrim, and Armagh, in the Province of Ulster; and to divide all the forfeited Lands, Meadow, arrable and profitable Pasture, with the Woods and Bogs, and barren Mountains thereunto respectively belonging, in each of the said counties (except the Baronies of Dulick and Slane in the county of Eastmeath) into two equal Moyeties distinguished and bounded each from the other; which Division so made, the Surveyors shall return by themselves apart unto you, mentioning onely in gross what Honors, Baronies, Castles, Lands, Tenements and Hereditaments each moyety did contain.
You shall likewise give Instructions to the said Surveyors-General, and the Under-Surveyors, that in the next place after the surveying and admeasurement of the said premises in the ten counties aforesaid, they do survey, admeasure and set forth all and every such of the said forfeited Lands and premises as shall lye within the County of Lowth in the Province of Ulster, in such sort as they are appointed to survey, admeasure and set forth the forfeited Lands in the said ten Counties, and to return the surveys thereof as soon as the same shall be perfected.
You shall authorize and appoint the Surveyors-General to present unto you from time to time, the names of such fit and able persons, who shall be well skilled in the art of surveying, as shall be necessary for the surveying and admeasurement of the Lands and premises aforesaid, and to appoint by Warrant under their Hands and Seals, such and so many of them as you shall approve of, and think fit, to be Surveyors under them, and to allow unto each of them such Allowances as the said Surveyors-General shall think fit and necessary, for carrying on the said work of surveying and measuring the premises as aforesaid, not exceeding Three pounds for every thousand Acres.
The said Surveyors-General shall take a due Accompt, that the said Under-surveyors discharge their respective Duties in this service, and in case of neglect or unfaithfulness in any of them, the said Surveyors-General shall put out such Under-surveyors, and put in such other fit and able person and persons in his or their rooms from time to time, as they shall think fit.
The said Under-surveyors so appointed as aforesaid, shall have power to enter into all and every the forfeited Lands aforesaid, lying within such counties, places and divisions, as they shall be appointed unto; and as well by the Oaths of good and lawful men, as by all other lawful ways and means, to enquire and finde out all and every the Honors, Baronies, Castles, Manors, Messuages, Lands, Tenements, Rents, Annuities, Reversions, Remainders, Possessions, and other Hereditaments whatsoever, which lately, or at any time since the Twenty third day of October, in the year One thousand six hundred forty and one, did belong unto any person or persons, whose Lands are forfeited as aforesaid; or to any other person or persons in trust for him, them, or any of them, and the true yearly value thereof as the same were letten for, or worth to be let in the year One thousand six hundred and forty, or at any time before: And also what part of the premises are chargeable with any pious and charitable use or uses; and also to enquire and survey what Timber, Buildings, open Quarries and Mines are upon the premises, and to make true particular surveys of their Proceedings.
The Surveyors shall also in like maner, and by the like ways and means, examine and finde out all such Honors, Castles, Manors, Lands, Tenements, Rents or Hereditaments belonging unto the Crown in the year One thousand six hundred and thirty, or any time since, and survey the same, with all Houses, Edifices, Timber, Woods, Mines and the Appurtenances thereunto belonging, and return the same in distinct surveys by themselves, together with the true yearly value thereof, in the year One thousand six hundred and forty.
They shall also by the like ways and means examine and finde out all Honors, Baronies, Castles and Manors, Lands, Tenements, Rents, or other Hereditaments lately belonging to any Archbishop, Bishops, Deans, Dean and Chapter, or other Officers belonging to that Hierarchy in Ireland, in the Right of his Archbishoprick, Bishoprick, Deanery or Office aforesaid, and survey the same, with all Houses, Edifices, Timber, Woods, Mines with the appurtenances; and return the same distinctly by themselves, together with the true yearly value, as the same was in the year One thousand six hundred and forty, which surveys shall be kept by the Register distinct and apart from the surveys of the forfeited Lands.
The said Under-Surveyors shall have power to keep Courts of Survey, and to call before them such persons as they conceive best know the forfeited Lands to be admeasured by them, or the Lands not forfeited, lying amongst them, or abutting upon them, and to examine them concerning the Meets, Bounds, Rights, Title, Rents, Valuations, of any of the said Lands and premises; and for the more full discoveries of the same, to examine upon Oath all persons, other then such as have Interest in, or Title to the Lands in question, whom they presume can inform them in the premises.
The said Under-Surveyors shall return every Survey as soon as the same is made, to the Surveyors-Generals, attested under their hands, and a Duplicate thereof in like maner attested to the Register, together with all Records, Evidences and Writings, which shall come to their Hands concerning the premises.
The Surveyors-General, upon the receipt of any Survey or Certificate from the Under-Surveyors, shall peruse them with diligence, and if they finde the same to be mistaken or defective, or any way insufficient to contract upon or otherwise to be disposed of; that then they cause to be transcribed so much of the said Survey, as they shall judge to be mistaken, defective or any ways imperfect, and return the same unto the respective Under-Surveyors, and certifie them the Causes of their Exceptions, who shall thereupon forthwith examine the truth thereof and amend the same, or certifie the cause why they cannot do it.
The Surveyors-General shall have power to certifie and amend mistakes, errors, and other matters that are not of substance in any of the said Surveys, that the Surveyors-General, in all cases where they can (by proof of Witnesses upon Oath, which they have hereby power to administer) amend any Survey without any return of the Surveyors; that then they, by the advice and consent of three of the Commissioners aforementioned for hearing and determining Claims, shall and may amend the same, which shall be as good and effectual as if the same had been so returned.
The Oath to be taken by the Surveyors-General.
Forms of Oath.
I A.B. do swear, That I will, according to my best skill and knowledge, faithfully discharge the duty and trust committed unto me, as Surveyor-General for Ireland, according to the Instructions I have received and shall receive in that behalf, and that I will not for favor or affection, malice, reward or gift, or hopes of reward or gift, break the same.
The Oath of the Under-Surveyors.
I A.B. do swear, That I will faithfully and truly, according to my best skill and knowledge, perform the duty and trust of a Surveyor in all such Surveys as I shall be imployed in, according unto the Instructions which I have received, and such further Instructions as I shall receive from the Commissioners of Parliament, or Surveyors-General; and shall make true returns thereof unto the Surveyors-General and Register, and shall neither for fear nor favor, malice or reward, or hopes of reward, violate the Trust reposed in me.
The Register shall take and have the custody and keeping of all Lieger-Books, Writings and Evidences which shall belong, or in any wise appertain unto the Lands, Tenements and premises, which are to be returned unto him by the Surveyors; as also the Duplicates of the Surveys which shall be returned to him; which he shall fairly lay up and keep in good order, making Catalogues of them in such maner, as that any person may come readily to have a view of the same; and the said Register hath power to give Copies attested under his hand.
The Oath of the Register.
I A.B. do swear, That I will faithfully and truly, according to my best skill and knowledge, execute the Office and Place of Register for the several Lands in Ireland forfeited for Treason, and other Lands to be surveyed, according to the truth in me reposed, and such Instructions as I shall receive in that behalf; and that I will not for fear, favor, malice or reward, or hope of reward, violate the said Trust.
The like Oath for the Deputy-Register, Mutatis mutandis.
For the better keeping and preserving of the Surveys, and all such Records and Writings as shall concern the premises, You are to appoint some convenient and publique Place or House within the City of Dublin, for the Surveyors-General and the Register to keep their said Offices in, as you shall think fit.
The Surveyors-General shall have each of them, from the date of their Commission, the yearly salary of Four hundred pounds, and the Register the yearly salary of Three hundred pounds; the one half whereof to be paid to each of them in ready Money quar terly, by equal portions out of the Revenue of Ireland by your Warrant, the other half in Lands after the same rate as shall be allowed to those who have money due upon Publique Faith.
You are hereby impowered to allow unto such Clerks and other Officers as you shall finde necessary to be allowed to the said Surveyors-General, and Register, for making out, entring or transcribing Surveys, Particulars, Contracts, Journal-Books, or other service, such competent and convenient Salaries, to begin at such time as need shall require, as you shall think meet, to be paid quarterly unto them out of the Publique Revenue of Ireland.
The Surveyors-General, Register, Under-Surveyors, Clerks and other Officers being allowed Salaries as aforesaid, shall not take or receive any Fee, Reward or Gratuity from any person or persons, for or in respect of any thing in relation to his or their office or imployment aforesaid, upon pain of forfeiting his or their respective places and offices, and incurring such further punishment as the demerit-of his or their offence shall deserve.
And whereas it is intended that the Adventurers, Soldiers and Officers should be satisfyed, and Ireland planted with as much expedition as may be, you are to consider and advise, whether by any other way or means then is before, in and by these Instructions prescribed, with less expence, and in a shorter time, a gross Survey may be taken of the several Honors, Baronies, Manors, Lands or Tenements so forfeited as aforesaid; so as there may be some certainty what Honors, Baronies, Manors, Lands, Tenements and Hereditaments are forfeited, and an Estimate made what quantity of Meadow, arrable and profitable Pasture, and what Woods, Bogs and barren Mountains are belonging to each of them respectively, that thereby way may be made for Alotments between the Adventurers and the said Soldiers and Officers: and afterwards, upon the Division or Alotment of each persons respective proportion, or in some convenient time after, a more exact admeasurement may be made: And in case you shall finde the same may be effected, you are hereby authorized and required to take such speedy course therein (without proceeding by the way of Under-surveyors herein before prescribed) as you shall judge most expedient and effectual to lessen the charge, and shorten the work. And you are impowered to imploy therein, such and so many persons, and to allow them such Salaries or Recompence, to be paid in such maner, and to give them Orders and Instructions to proceed therein, by such ways and means as you shall think fit: And you are to cause such gross Surveys of each particular Honor, Barony, Manor, Lands or Tenements, and of the quantity and number of Acres of Meadow, arrable and profitable Pasture, by estimation (together with the Woods, Bogs and barren Mountains) to each of them respectively (or to any two or more of them adjoyning or lying together) belonging, to be taken and returned in writing, under the hands of such persons as aforesaid, to the Surveyors-General, and a Duplicate thereof to the Register for the said Lands, with all possible expedition.
You shall give direction to the Register aforesaid, that as soon as any such Survey or Estimate shall be transmitted unto him, he draw out of the same an Abstract, how many Acres of Meadow, arrable and profitable Pasture is in such survey or estimate mentioned to belong to such Honor, Barony, Manor or Tenement, so as an exact and perfect Abstract of all such of the said forfeited Lands as are of that condition within the said Ten Counties, and also in the County of Lowth, may immediately upon the return of the said surveys or estimates of the premises in the said Eleven Counties, be sent over unto Mr. Methusalah Turner, Robert Hammond, and others appointed a Committee to sit at Grocers Hall, under your hands and seals.
You shall observe and execute such further Instructions in and about the premises, as you shall from time to time receive from the present Councel of State (until the Meeting of the Supream Authority of this Nation) and afterwards from the said Supream Authority, or others authorized by them on that behalf.
Whereas an Act of Parliament was made the twelfth day of August, One thousand six hundred fifty two, Entituled, An Act for the setling of Ireland, whereby it is Declared, That all and every person and persons of the Irish Nation comprehended in any of the qualifications in that Act contained, should be lyable to the Penalties and Forfeitures therein mentioned and contained, or be made capable of the Mercy and Pardon therein extended respectively, as is expressed and declared in the said Act and qualifications, to the end that no person or persons who is not comprehended within the said Qualifications or any of them, may receive prejudice in his Lands or Estate, and that every person to whom it doth belong may enjoy the Mercy and Favor intended unto him by the said Act; You are hereby authorized to receive, hear and finally determine the Complaints and Claims of all and every such person and persons, as shall before or within such time as you shall appoint, not exceeding Forty days at the most, after his or their Lands shall be surveyed as aforesaid, address himself or themselves unto you for Relief therein; for which purpose you are hereby authorized and impowered to examine Witnesses upon Oath for charging or clearing such person or persons: And you shall thereupon transmit a Copy of such your Determination unto the Register for the said Lands, to be by him entred into a Book for that purpose; according to which Determination so certified, the Lands of such person or persons shall be either discharged or disposed of, as other forfeited Lands.
Provided, That nothing herein contained shall extend to the surveying, admeasurement or setting forth any of the Honors, Manors, Lands, Tenements or Hereditaments in Ireland, given or granted since the First day of November, in the year One thousand six hundred forty one, by any Act, Ordinance or Order of Parliament, to any person or persons whatsoever, or unto their Heirs or Assigns; nor to the Manor of Blarny in the County of Cork, with the Lands, Tenements and Hereditaments thereunto belonging.
And whereas for the lessening of the Charge of the Commonwealth, and easing of the Inhabitants of Ireland, It is resolved, That part of the present Army in Ireland be forthwith disbanded; and forasmuch as the surveying and dividing the Ten Counties aforesaid, and the determining the Lots between the Adventurers and soldiers touching the same, must necessarily be perfected before the soldiers can receive satisfaction of their arrears, out of any of the forfeited Lands in those Counties, which will unavoidably require so much time as would be an occasion of a great charge to the Commonwealth, in case such disbanding should be so long delayed: And it being evident, That if the soldiers should be disbanded before they can receive satisfaction for their Arrears, they would be exposed to great extremity, if not to utter ruine; To the end therefore such Officers and Soldiers as shall be so disbanded, may, immediately upon their disbanding, receive such proportions of Land, as may satisfie the Arrears grown due unto them since the Fifth of June, One thousand six hundred forty nine, and be put into a way of Planting, and the better enabled to subsist; You are hereby authorized and impowered, out of such of the forfeited Lands (as are not already disposed of by any Act, Ordinance or Order of Parliament) lying within any such five Counties in Ireland as you shall think fit (other then the Counties of Dublin, Kildare, and Caterlaugh, in the Province of Leinster, and Cork in the Province of Munster; and other then the eleven Counties herein by name appointed to be surveyed) to set forth, or cause to be set forth unto each of the Officers and Soldiers, to be disbanded as aforesaid (clear of all such Claims and Titles, provided for in the foregoing Instructions) proportions of profitable Land, by estimation or gross Survey of the number of Acres, as shall be sufficient to satisfie the Arrears due as aforesaid, to such Officer and Soldier respectively, at the values and rates hereafter mentioned; that is to say, For One thousand Acres in Ulster, Two hundred pounds; For One thousand Acres in Munster, Four hundred and fifty pounds; and for One thousand Acres in Leinster, Six hundred pounds, all according to Irish measure; which Estimate or gross Survey, you shall cause to be put in writing, and therein to be mentioned, as well the Sum of Money due to such Officer and Soldier respectively for his Arrears, as the number of Acres arrable, Meadow, and profitable Pasture, set forth unto him for his said Arrears, by estimation as aforesaid, so deciphered and distinguished by the Quantities, Qualities, Names, Scituation, Barony, Manor, or Parish as aforesaid; and shall cause such Survey to be sent unto the Register for the said Lands, to be safely kept as a Record; to the end, That in case (upon a more exact Survey and Admeasurement to be made, on the behhe Sof tlf atate, within five years next after such setting forth as aforesaid respectively) it shall appear, That the premises expressed in such Survey, and enjoyed by vertue thereof, do contain a greater number of Acres then is mentioned in such Estimate or gross Survey, the same may be restored back for the use of the Commonwealth, unless such persons shall purchase the same, in such maner as shall be hereafter declared.
Provided nevertheless, That if any Officer or Soldier so to be disbanded, holdeth any Custodium in any of the said five Counties, or in the Counties of Dublin, Kildare, Caterlaugh and Cork as aforesaid, and is there seated, and desires to retain the same; You are hereby impowered and authorized to contract with such Officer and Officers, Soldier or Soldiers, for Houses and Lands, with the appurtenances contained in such Custodium, at such rates and values as you shall think fit, and for the advantage of the Commonwealth (having a due respect therein to the charge which hath been laid out by such Officer or Soldier, in repairing or building upon the premises) and to allow the moneys due for such arrears as aforesaid unto such Officer or Soldier, in payment of the Purchase-money for the same; and in case the Purchase shall amount to more then the Arrears so due to such Officer or Soldier, then such remainder of the Purchasemoney shall be paid in to the publique Treasury of Ireland, for the use of the Commonwealth; and that such Officer and Officers, Soldier and Soldiers, shall by force thereof hold and enjoy the same, according to such Contract; which, together with the Survey of the premises so contracted for, you shall cause to be returned to the said Register, to be safely kept with the rest of the Surveys.
The further Instructions confirmed by this Act.
Further Instructions.
You are authorized and required, either by Proclamation or otherwise, as you shall think fit, to publish and declare, That for the better security of all those parts of Ireland, which are now intended to be planted with English and Protestants; and to the end that all persons in Ireland, who have right to Articles, or to any favor and mercy held forth by any the qualifications in the Act of Parliament, Entituled, An Act for Setling of Ireland, may enjoy the benefit intended unto them and every of them respectively: By the said Act it is thought fit and resolved, That all and every the persons aforesaid, shall before the First day of May, which shall be in the year, One thousand six hundred fifty four, remove and transplant themselves into the Province of Connaught, and the County of Clare, or one of them, there to inhabit and abide; and shall have set forth unto them and every of them respectively, such proportions of Land, and for such Estates or Terms, and under such Conditions, Reservations and Covenants, as shall be answerable in value unto so much of his and their Estates, as by such Articles or Qualification respectively he or they were to enjoy, in such place and maner as you or such as shall be authorized by you shall appoint and direct. And that whatsoever person or persons aforesaid, shall after the said First day of May, One thousand six hundred fifty and four, be found inhabiting or remaining in any part of the Provinces of Leinster, Munster or Ulster (except in the said County of Clare) or (without a Pass from you or any one of you, or under the hand and seal of such person or persons as shall be authorized by you to that purpose) travelling in any of the said Provinces (except the said County of Clare) he and they shall be reputed as Spies and Enemies, and shall for the same offence suffer death. And that all and every person and persons aforesaid, who shall at or before the said First day of May, One thousand six hundred fifty four, quietly and peaceably remove into the said Province of Connaught or County of Clare, shall be pardoned all offences (except all and every person and persons, both principal and accessaries, who since the First day of October, One thousand six hundred forty and one, have, or shall kill or 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 the behalf of the English against the Irish; and all and every person and persons, both principal and accessaries, who since the First day of October, One thousand six hundred forty and one, have killed, slain, or otherwise destroyed any person or persons entertained or maintained as Officers or private Soldiers, for and on the behalf of the English against the Irish; the said persons so killing, slaying, or otherwise destroying, not being then publiquely entertained and maintained in Arms as Officers or private Soldiers under the command and pay of the Irish against the English) and shall be no more molested for the same.
Provided, That none of the persons aforesaid shall be admitted to live in, or enter into any Port, Town or Garison within the said Province of Connaught or County of Clare (without license from you or any one of you, or such person or persons as you shall authorize thereunto) nor shall have or keep any Arms used in War, or Ammunition; but that all and every person and persons offending in either of the premises, shall be tryed by Martial Law, and being convicted, shall suffer death.
Provided also, That this shall not extend to the pardoning, tolerating or admitting any Popish Priest, Jesuit or other person in Orders by authority from the See of Rome.
Provided also, That this shall not extend to the removal of any person who did not adhere unto, or joyn with the Rebels before the Fifteenth day of September, One thousand six hundred forty three, and who did at that time and ever since profess the Protestant Religion; nor to any Woman who before the Second day of December, One thousand six hundred and fifty, was married to any English Protestant; provided that such woman do renounce Popery, and profess the Protestant Religion; nor to any Malechilde or Children under the age of Fourteen years, and Females under the age of Twelve years, whom any of the English have already, or shall be willing hereafter to entertain as servants, and to instruct and train up in the true Protestant Religion; which said persons and children shall be suffered to live in any of the places alotted for the habitation of the English.
And you are further to declare, That in case any person or persons of the English Nation, or any other person or persons professing the Protestant Religion, and hath, during the late Wars in Ireland, constantly adhered to the English against the Rebels, who hath or have Land within the said Province of Connaught, or County of Clare, and hath not forfeited the same by Rebellion or Delinquency, shall desire to exchange the same or any part thereof, or remove themselves into such Counties or Provinces as are inhabited by the English; that just surveys shall be taken of the lands and estate of such person and persons, and so much or the value thereof shall be set out unto them in lieu thereof, out of the forfeited Lands in some other Province or County, as shall be thought fit.
2. You are hereby Authorized and Impowered to nominate Commissioners, and to authorize them to alot unto any person or persons, who by Articles granted unto them, or by vertue of the Qualifications in the said Act were to enjoy any part of their Estates, a like proportion of Land by measure or in value, in the province of Connaught, or the county of Clare, of the like Estate of Inheritance or Freehold, or for the like term of years or number of Lives, to be by them held and enjoyed in lieu or satisfaction of such part of their Estate, which by such Articles or Qualifications he or they were to enjoy; And also to grant unto such of the said persons or others, as you shall think fit to be Lease-holders from the Commonwealth, such convenient Parcels of Land in the said Province of Connaught, or County of Clare, as by the said Commissioners shall be judged fit, for any term not exceeding One and twenty years, or three Lives; reserving to the use of the Commonwealth upon every such Demise, such reasonable Rents, as with respect to the values of the said Lands in the year One thousand six hundred and forty, shall be by you thought fit.
3. You are hereby Authorized to give Order and Direction for the speedy Removal of all or any the persons aforesaid, unto the Lands so alotted unto them, in such numbers and proportions as may consist with safety and security of the rest of the Inhabitants; so as all the said persons be so removed before the First day of May, One thousand six hundred fifty four, and within Two moneths after the respective Alotments so made, and Directions given them by you to take the same into possession.
4. Whatsoever person or persons so to be removed as aforesaid, shall after the said First day of May, One thousand six hundred fifty four, be found in any part of the Provinces of Leinster, Munster or Ulster (except the County of Clare) or any way, without such Pass as aforesaid, travelling in any of the said Provinces (except in the County of Clare) or inhabiting or being in any Port, Town or Garison within the said Province of Connaught, or County of Clare, without such license as aforesaid, or having any Ammunition or Arms used in War; All and every such person and persons shall be tryed by Martial Law, and being convicted of such offence, shall suffer death; And you are hereby authorized from time to time to issue out Commissions for the speedy Apprehending, Tryal and Execution of such Offenders.
5. You are also to authorize the said Commissioners to cause exact Surveys upon oath to be made of the Lands, Tenements and Hereditaments of such person and persons of the English Nation, or other persons aforesaid, in Connaught, or in the County of Clare, as shall desire such Exchange as aforesaid; which being returned unto you, you shall out of the Lands forfeited to the Commonwealth, or the Lands, Tenements or Hereditaments of the persons so removed, cause Lands, Tenements or Hereditaments of the like quantity or value, in such other Province or County, as you shall think fit, to be set forth unto such person and persons, to be enjoyed for such estate or term, and under the like Covenants, Conditions and Reservations, as such Lands, Tenements or Hereditaments in the said Province or County, and so exchanged, were held; and shall cause an exact Particular thereof, together with the Survey aforesaid, to be returned to the Register for the said forfeited Lands to remain of Record.
6. You are hereby Authorized to set out unto John Blackwel the younger of Mortclack, in the County of Surrey Esq; his Heirs and Assigns, in satisfaction of the Sum of Two thousand three hundred and fifty pounds, advanced in several Sums by way of Adventure upon the Propositions for Rebels Lands in Ireland, and assigned unto him, so many Acres of Meadow, arrable and profitable Pasture of the said Lands (together with the Bogs, Woods and barren Mountains thereunto belonging) as are due unto him, according to the Proportions and Rates for the respective Provinces in the Act of Parliament in that behalf expressed; and the measure allowed by the respective Acts and Ordinances, upon which the said several sums were advanced respectively, in such place and places as the said John Blackwel, his Heirs or Assignes, or his or their Trustees in that behalf appointed, shall make choice of and desire, within the Counties of Dublin, Kildare and Cork, or any other County which is not particularly by these Instructions, nor shall be by you in pursuance thereof designed and set apart for the satisfaction of the Adventurers and Soldiers, and not being by any Act, Ordinance or Order of Parliament, or by Authority derived from Parliament set out, alotted or granted to any particular person or persons; and to put the said John Blackwel, his Heirs or Assignes, or his or their Trustees, into the possession of the premises so to be set forth and alotted to him, to be by him, his Heirs and Assignes, held and enjoyed, in as full and ample maner, and with the like Advantages, Liberties and Priviledges, as any the Adventurers for Lands in Ireland may and ought to hold and enjoy the Lands set forth unto them, and as if the same Lands and premises so set forth unto the said John Blackwel, his Heirs and Assignes, had come unto him or them by lot; And that you cause an exact Survey upon Oath to be made of the premises in writing, and returned unto the Register for the said Lands, to remain of Record.