decorative frame HONI SOIT QVI MAL Y PENSE ANNO REGNI CAROLI REGIS ANGLIae, SCOTIae, FRANCIae, & HIBERNIae, DECIMO SEPTIMO. At the Parliament begun at Westminster the third day of November, Anno Dom. 1640. In the 16. year of the Reign of our most gracious Sovereign Lord, CHARLES, by the grace of God, of England, Scotland, France, and Ireland King, Defender of the Faith, etc. LONDON, Printed by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. 1641. Cum Privilegio. royal blazon or coat of arms C R HONI SOIT QVI MAL Y PEN DIEV ET MON DROIT ❧ ANNO XVII. Caroli Regis. ¶ An Act for the speedy and effectual reducing of the Rebels in His Majesty's Kingdom of Ireland to their due obedience to His Majesty and the Crown of England. WHereas the Lords and Commons, taking into their serious considerations, as well the necessity of a speedy reducing of the Rebels of Ireland to their due obedience, as also the great sums of money that the Commons of this Realm have of late paid for the public and necessary affairs of this Kingdom, whereof the Lords and Commons are very sensible, and desirous to embrace all good and honourable ways, tending to His Majesty's greatness and profit, the settling of that Realm, and the ease of His Majesty's Subjects of England; And whereas divers worthy and well-affected persons, perceiving that many Millions of Acres of the Rebel's Lands of that Kingdom, which go under the name of profitable Lands, will be confiscate, and to be disposed of; And that in case two Millions and a half of those Acres to be equally taken out of the four Provinces of that Kingdom, may be allotted for the satisfaction of such persons as shall disburse any sums of money for the reducing of the Rebels there, would effectually accomplish the same, have made these Propositions ensuing (viz.) 1. That two Millions and an half of those Acres may be assigned, allotted, and divided amongst them after this proportion, (viz.) For each Adventure of two hundred pounds, one thousand Acres in Ulster: For three hundred pounds, one thousand Acres in Conaght: For four hundred and fifty pounds, one thousand Acres in Munster: For six hundred pounds, one thousand Acres in Leinster. All according to the English measure, and consisting of Meadow, Arable, and profitable Pasture, the Bogs, Woods, and barren Mountains being cast in over and above these two Millions and a half of Acres, to be holden in free and common Soccage of the King, as of His Castle of Dublin. 2. That out of these two Millions and a half of Acres, a constant yearly rent shall be reserved to the Crown of England, after this proportion, (viz.) out of each Acre thereof in Ulster one penny; Out of each Acre in Conaght, three half pence; Out of each Acre in Munster, two pence farthing; And out of each Acre in Leinster, three pence; whereby His Majesty's Revenue out of those Lands will be much improved, besides the advantages that he will have by the coming to his hands of all other the Lands of the Robells, and their personal Estates, without any charge unto His Majesty. 3 That for the erecting of Manors, settling of Wastes, and Commons, maintaining of preaching Ministers, Creating of Corporations, and Regulating of the several plantations, one, or more Commissions be hereafter granted by authority of Parliament. 4 That Moneys for this great occasion may be the more speedily advanced, All the Undertakers in the City of London, and within twenty miles distant thereof, shall underwrite their several sums before the twentieth day of March, one thousand six hundred forty one, and all within sixty miles of London, before the first day of April, one thousand six hundred forty two, and the rest of the Kingdom before the first day of May, one thousand six hundred forty two. 5 That the several sums to be underwritten, shall be paid in at four payments, (viz.) One fourth part within ten days after such underwriting, and the other three parts at three Months, and three Months, all to be paid into the Chamber of London. 6 That for the better securing of the said several sums accordingly, every one that doth so Vnderwrite shall at the time of his Subscription pay down the twentieth part of the total sum that shall be by him then underwritten. And in case that the residue of his first fourth part be not paid in to such person, or persons as shall be appointed to receive the same, within the ten days before limited, than such party shall not only forfeit the twentieth part of the sum total formerly deposited, but so much more of his first fourth payment to be added thereunto, as shall make up the one Moiety of the said fi●●t payment. And if the same person shall fail in any other of the three payments, he shall then forfeit his entire first fourth part, and all the benefit of his Subscription, which forfeiture shall accrue to the common benefit of the rest of the underwriters. And whereas aswell our Sovereign Lord the King, as the Lords and Commons have approved of the said Propositions, and assented that the said Propositions, and all other things necessarily conducing thereunto, shall be ratifyed and confirmed by authority of Parliament; Be it therefore Enacted by Our Sovereign Lord the King, with the assent of the Lords and Commons in this present Parliament assembled, and by authority of the same, That all and every of the said Propositions, and every clause therein contained, are, and shall be according to the tenor and purport thereof hereby ratified, established, and confirmed, with such explanations, alterations, and additions, as in this Act are expressed. And be it further Enacted, That all and every person, and persons, which upon the three and twentieth day of October, in the year one thousand six hundred forty one, or at any time after shall be in Rebellion, or levy war against the King's Majesty, within His Realm of Ireland, or shall willingly aid, assist, or countenance any person or persons in Rebellion against the King's Majesty, shall lose and forfeit unto the King's Majesty, His Heirs and Successors, all such right, title, interest, use and possession, which they, or any of them, or any other person or persons in trust for them, or any of them, on the said three and twentieth day of October, or at any time after shall have, of, in, or unto any Honours, Castles, Manors, Messages, Lands, Tenements, Rents, Annuities, Reversions, Remainders, Uses, Possessions, Offices, Rights, Conditions, or any other Hereditaments, of what name, nature, or quality soever they be, and that all such right, title, interest, use and possession, which they or any of them, or any other person or persons in trust for them, or any of them, on the said three and twentieth day of October, or at any time after shall have, or of right aught to have, of, in, or to the same Honours, Castles, Manors, Messages, Lands, Tenements, Rents, Annuities, Reversions, Remainders, Uses, Possessions, Offices, Rights, Conditions, or any other Hereditaments, shall by the authority aforesaid, be deemed vested, adjudged, and taken to be in the actual and real possession of Our Sovereign Lord the King, His Heirs and Successors, without any Office or Inquisition thereof hereafter to be found. And be it further enacted by the Authority aforesaid, That two Millions and a half of Acres of Meadow, Arable Land, and profitable Pasture, which are, or shall be forfeited by the said Rebels, or otherwise by virtue of this Act; With Woods, Boggs, Loughes, and barren Mountains cast in over and above, and with all the Buildings and Edifices thereupon, are, and shall be by virtue of this Act, for the satisfaction of such person, and persons as shall underwrite any sum, or sums of Money, and pay the same according to the true intent and meaning of this present Act, the same to be allotted, and apportioned to each Vnderwriter according to the proportion of the sums to be underwritten, and paid in, and to be holden by such Rent, and Tenure as in the said recited Propositions are expressed. And be it further enacted, That John Warner, John Towse, and Thomas Andrews Aldermen, and Laurence Halsted Esquire, are, and shall be hereby appointed, and authorised to give their daily attendance at the said Chamber of London, to receive all such Subscriptions, and sums of Money, and to give receipts for the same under their hands, as shall be there tendered and paid according to this Act, which said persons so appointed to receive the said sums of Money, shall enter the names of the underwriters, together with the sum, and time of Subscription, into one, or more Books to be kept for that purpose, and shall from time to time issue out the said sums of Money, in such manner as both Houses of Parliament shall by Order direct. And be it further enacted, That the Sheriffs of each County of England, and Dominion of Wales, shall receive all such Subscriptions, and sums of Money, as shall be by virtue of this Act tendered to them in their respective Counties, and shall appoint days, and places for that purpose, and shall give receipts for the sums so received under their hands, and return the sums subscribed and received, together with the names of the underwriters, and the times of their Subscriptions, to the Chamber of London, to the hands of the said John Warner, John Towse, Thomas Andrew's, and Laurence Halsted, or to any two of them, with all convenient speed, to be by them entered into Books to be kept for that purpose: And they, the said John Warner, John Towse, Thomas Andrew's, and Laurence Halsted, or any two of them, are hereby likewise authorised, and required to give acquittances or receipts for all sums received of the said Sheriffs: And that the said John Warner, John Towse, Thomas Andrew's, and Laurence Halsted, and the said Sheriffs, their officers and ministers, their heirs and executors, shall account for all sums of Money by them received according to this present Act, to such persons as both Houses of Parliament shall direct. And be it further enacted by the Authority aforesaid, That it shall and may be lawful, to, and for the said John Warner, John Towse, Thomas Andrew's, and Laurence Halsted, and the said Sheriffs respectively, to deduct, and retain to their own use, one penny out of every pound, of all such sums of Money as they shall receive according to this Act, towards their charges and pains in attending and receiving the said Subscriptions and sums of Money, and in issuing out, and returning up the same. And be it further Enacted, That when the Lords and Commons of this Realm of England, shall in Parliament by Order Declare, that the said Rebels are subdued, and that this present Rebellion in the said Kingdom of Ireland is appeased, and ended, that forthwith after such Declaration made, and sent to the Lord Chancellor, or Lord Keeper of the great Seal of England for the time being, the said Lord Chancellor, or Lord Keeper is hereby authorised, and required to issue forth Commissions into all the said four Provinces of that Kingdom of Ireland, for the surveying, and setting forth of the said two Millions and half of Acres, which Commission shall be to such effect, and directed to such persons as the said Lords and Commons in Parliament shall appoint; Which said Commissioners shall have power by this Act, to survey all the Lands of the said Rebels, and all the Lands forfeited by virtue of this Act, and to assertain, and measure forth of the same six hundred and five and twenty thousand Acres, in every of the said four Provinces, of Meadow, Arable and profitable Pasture, with Woods, Bogs, Loughes, and barren Mountains cast in over and above, with the Houses and Edifices thereupon; and after the same measured and set forth, shall indifferently divide the same by Lot among the several underwriters, and among the heirs of such underwriters as shall die before the division, and the assignee, and assignees of such of the underwriters as shall assign their shares, or any part thereof before the said Division, according to the Proportions mentioned in the said recited Propositions, and according to the respective sums paid in, as aforesaid, and according to the purport of this present Act; which Division shall be made in such manner as the said Lords and Commons in Parliament shall by Order direct; in which division no manner of favour or advantage shall be given or allowed to any person whatsoever, but all to be done and determined equally, and by Lot, and each underwriters Land to be laid together, or so near together as conveniently may be. And in case six hundred twenty five thousand Acres of the Rebels profitable Lands, and of the profitable Lands forfeited by virtue of this Act, shall not be found in each Province, than so much of the said six hundred twenty five thousand Acres, as shall be wanting in any one Province, shall be made up in value out of the said Rebels Lands; and for want thereof, out of the profitable Lands forfeited by this Act in the other Provinces, at the discretion of the said Commissioners, respect being had to the value of the Lands in each Province, according to the said propositions; which said Commissioners shall return the said allotments, and all their proceed therein fairly engrossed in parchment into His Majesty's Court of Chancery of this Kingdom, there to remain of Record, and into His Majesty's Court of Chancery of the said Kingdom of Ireland, to remain there likewise of Record: And be it further Enacted, That immediately after every Vnderwriter, Heir or Assignee of any Vnderwriter, shall have drawn his respective Lot, containing the Meadow, Arable, and profitable Pasture, with all the Woods, Bogs, Loughes, and barren Mountains over and above, together with the houses and edifices thereupon, which shall be appointed for his share, such Vnderwriter, Heir, and Assignee shallbe, and so shallbe adjudged to be, by virtue of this Act, in the actual possession, and seisin of all the said lands, with all things thereunto belonging, mentioned in his said Lot, and that he shall & may forthwith after his Lot so drawn as aforesaid, enter upon, have and enjoy to him and his heirs, all and singular the Meadow, Arable, profitable Pasture, Woods, Bogs, Loughes, Waters, Fishings, and barren Mountains, together with the Houses and Edifices thereupon, and in his said Lot contained, with all Easements and Commodities thereunto belonging. And be it further Enacted by the authority aforesaid, That all and every person and persons, which within three months after the allotment so to be made as aforesaid, shall have one thousand Acres, or more of the said two millions & half of Acres, lying together in the Province of Leinster, or two thousand Acres, or more lying together in the Province of Conaght, or one thousand five hundred Acres or more lying together in the Province of Munster, or three thousand Acres or more, lying together in the Province of Ulster, shall have power by virtue of this Act, for every such thousand, two thousand, fifteen hundred, and three thousand Acres, to create a Manor within the limits of the said lands respectively, and to reserve tenors to hold of himself and his heirs, as of his said Manor or Manors, at his will, and pleasure: And that every such person shall have a Court Leete, and Court Baron, and shall have full power to hold a Court Leete, and Court Baron within the Precincts of every such Manor, and to enjoy all such Royalties, Franchises, Fines and Amerciaments, Suits, Services, and Immunities, as to view, of Frank pledge, or Court Baron, is usual and belonging. And also within each respective Manors, to have and enjoy as aforesaid, all Deodands, Felons goods, and goods of Felons, of themselves, together with all waifs and Strays. And be it further enacted by the authority aforesaid, That no part of the money which shall be paid in according to this Act, shall be employed to any other purpose then the reducing of the said Rebels, until the said Rebels shall be declared to be subdued by the said Lords and Commons, as aforesaid. And that the said moneys shall be employed for the speedy and effectual subduing of the said Rebels by sending over into the said Realm of Ireland, and disposing there such forces of Foot, and Horse, Monies, Ammunition, Victual, and all other things necessary to a war, in such manner as the said Lords, and Commons in Parliament shall from time to time direct, and the overplus of the said money, if any shall be, to be disposed, as the said Lords and Commons shall likewise direct. And be it likewise enacted by the authority aforesaid, That Plantations shall be regulated, Corporations created, Churches erected, and Preaching Ministers maintained within the Limits and Precincts of the Lands so to be divided, in such manner as by Commissioners to be nominated and directed by the said Lords and Commons in Parliament shall be ordered and provided. And it is further enacted, That the Lord Chancellor or Lord Keeper of the Great Seal of England for the time being, shall upon direction to him given by the said Lords and Commons in Parliament, issue out one or more Commissions for this purpose, directed to such persons, and in such manner, as the said Lords and Commons in Parliament shall order and appoint. And for the further encouraging and securing of all such persons as shall pay any sum of money towards the perfecting of this great Work, Be it likewise enacted by the authority aforesaid, That all Patents which shall be granted of any of the said Rebels goods or Lands, or of any goods or Lands forfeited by virtue of this Act, and all Pardons which shall be granted to any of the said Rebels before attainder, after the three and twentieth of October, one thousand six hundred forty and one (without the assent of the said Lords and Commons in Parliament) shall be adjudged void, and of none effect. And be it further enacted by the authority aforesaid, That the Commissioners authorised by this Act to set forth the underwriters Lands, as aforesaid, shall forty days before they set forth the same, or any part thereof, cause Proclamations to be made by virtue of this Act, in every County of the said Kingdom of Ireland, to this effect, (viz) That every person which had any right, title, or interest the three and twentieth of October one thousand six hundred forty one, in, or out of any of the said Rebels Lands, or the Lands forfeited by this Act, lying within the County where any such Proclamation shall be made, shall enter his claim to the same upon record in His Majesty's Court of Chancery in the said Kingdom of Ireland, within twenty days after the said Proclamation so made in the said County. And be it further enacted by the authority aforesaid, That every person which after the first day of March, one thousand six hundred and forty, shall make, enter into, or take any Compact, Bond, Covenant, Oath, Promise, or Agreement, to introduce, or bring into the said Realm of Ireland the authority of the Sea of Rome, in any case whatsoever, or to maintain or defend the same, shall by virtue of this Act, forfeit to His Majesty, His Heirs, and Successors, all his Lands, Tenements, and Hereditaments entailed or not entailed, Goods and Chattels, which he had or shall have in his own name, or any other person or persons had or shall have in trust for him, at the time of the making, entering into, or taking any such Compact, Bond, Covenant, Oath, Promise, or Agreement, other than such Lands, Tenements, Hereditaments, Goods and Chattels, as shall be bona fide, and for valuable consideration sold, before the said three and twentieth of October, one thousand six hundred forty one. And further be it enacted by the Authority aforesaid, That if any person, since the three and twentieth day of October, one thousand six hundred forty one, be, or hereafter shallbe in Rebellion within the said Kingdom of Ireland, and be dead, or shall die before attaindor, or pardon for the same; All the Lands, Tenements, and Hereditaments, Estate, or Estates, Goods or Chattels which such person had, or shall have, or any other person had, or shall have in trust, for, or to his use, the said three and twentieth of October, or at any time thereafter, shall be by virtue of this Act forfeited to His Majesty, His Heirs and Successors, and shall be adjudged to be in the actual seisin and possession of the King, His Heirs and Successors, by virtue of this Act. And further be it enacted by the Authority aforesaid, That all Lands, Tenements, and Hereditaments, whereof any person in the said Kingdom of Ireland was seized the three and twentieth of October, one thousand six hundred forty one, or at any time after, shall be seized of any Estate, tail, or whereof any other person or persons shall be seized in trust for him, for any trust of inheritance, who shall be attainted of high treason in his life time, or being in actual Rebellion shall die before he be attainted, or pardoned for the same, or who shall make, enter into, or take any such Compact, Bond, Covenant, Oath, Promise or Agreement to such purpose as aforesaid, shall by virtue of this Act, be, and adjudged to be in the actual seisin and possession of the King. His Heirs and Successors. And be it further enacted by the Authority aforesaid, That if any person or persons whatsoever, that at any time hereafter shall be attainted for Treason, or shall die in actual Rebellion before attaindor, or pardon of the same, or hath, or shall take, enter into, or make any such Compact, Bond, Covenant, Oath, Promise, or Agreement as aforesaid, shall after the first day of March, one thousand six hundred and forty, make, or hath made any Conveyance, or Assurance whatsoever, of any Manors, Lands, Tenements, or Hereditaments in the Kingdom of Ireland, unto, or for his own use, or unto, or for the use of his wife, or any of his children, or in trust for himself, his wife, or any of his children; That then all the Uses, Estates, and Trusts so limited, other than such as are, or shall bona fide be made before his, her, or their marriage, or made in performance of any Covenant in writing made before marriage, unto, or for the use of his wife or children, shall be forfeired unto His Majesty, His Heirs and Successors, and shall be adjudged to be by virtue of this Act, in the actual possession of the King, His Heirs and Successors. And be it further enacted by the Authority aforesaid, in regard a great part of the time presixed in the said Propositions for the subscriptions of the said underwriters is already elapsed, that every one of the King's Subjects of the Realms of England, Scotland, or Ireland, that shall underwrite within this Kingdom the sum of ten pounds, or more, for the purpose aforesaid, before the first day of May one thousand six hundred forty two, and before the said Million of Money be underwritten, and shall pay in one moiety thereof to the respective Receivers before nominated in this Act at the time of such subscription, and shall pay in the other moiety residue thereof to the said Receivers within six Months after such subscription: and every one of the King's Subjects of the Realms of England, Scotland, and Ireland that shall underwrite the sum of six pounds, or more, within the Realm of Ireland for the purpose aforesaid (in one or more Books to be kept for that purpose by the Treasurer of the Army there for the time being) who is authorized, and required hereby to keep such Book, or Books, and to enter the names of such underwriters, and the time of such subscriptions, together with the sums subscribed, before the first day of July one thousand six hundred forty two, and before the said Million of Money shall be underwritten, and shall at the time of such subscription pay one moiety of such sum so to be underwritten to the said Treasurer for the time being (who is hereby likewise authorised to receive all such sums of Money, and give Receipts for the same under his hand) and shall pay to the said Treasurer the other moiety residue within six months after such subscription, every person so underwriting in this Realm, or in the Realm of Ireland, as aforesaid, shall have a proportionable share of the said Rebels Lands, and of other Lands to be forfeited by this Act, according to the sum to be under-written and paid in, as aforesaid, and as if such person had underwritten within the times mentioned in the said Propositions, and had paid in his money accordingly. And for the better advancing of a speedy Plantation within that Kingdom, which will soon redound to the great increase of His Majesty's Customs and Revenues there, Be it further enacted by the Authority aforesaid, That every person which shall have any part of the said lands so to be divided and allotted, as aforesaid, shall and may export out of this Kingdom, or Dominion of Wales, any Horses, Mares, Cattles, Sheep, or other goods, for the planting, improving, and stocking of the said lands, or any part thereof, at any time during the space of two years, to be accounted from such division and allotment to be made (as aforesaid) without paying any Custom, Subsidy, or Impost for the same. Nevertheless, upon sufficient security given to the Farmers, or Collectors of His Majesty's Customs, for the time being, or to any one of them, that the said Horses, Mares, Cattles, Sheep, and goods so to be exported, shall be bona fide employed for the planting, improving, and stocking of the said lands, or of some part thereof, and not to be employed to any other purpose. Saving to all and singular persons, bodies Politic, and Corporate, their Heirs and Successors, and the Heirs and Successors of every of them (other than the said Rebels, their Aiders, Abettors, Comforters, and Maintainers, and other persons, whose lands are, or shall be forfeited by this Act, and every of them, their, and every of their Heirs and Assigns, and all and every person or persons claiming, by, from, or under them, or any of them, or to their, or any of their use or uses, or in trust for them or any of them, since the said three and twentieth day of October) all such Right, Title, Interest, Possession, Reversion, Remainder, Offices, Annuities, Rents, and Commons, which they, or any of them had, or aught to have had in, to, or out of any the said Houses, Manors, Castles, Lands, Tenements, Hereditaments, or Premises, forfeited by this Act, or any of them, the three and twentieth day of October, in the year of our Lord God, one thousand six hundred forty one, so as every such person or persons, bodies Politic, or Corporate, whose right or interest is saved by this Act, their Heirs or Successors do make or enter, or cause to be entered, his, or their claim to any such right, title or interest, in His Majesty's Court of Chancery in Ireland, within twenty days after such Proclamation made as aforesaid.