AN ACT for the SETTLING OF IRELAND. Thursday 12 August, 1652. ORdered by the PARLIAMENT, That this Act be forthwith Printed and Published. Hen: Scobel, Cleric. Parliamenti. LONDON, Printed by JOHN FIELD, Printer to the Parliament of ENGLAND. 1652. And by special Command Reprinted at DUBLIN by WIL BLADEN. 1652. seal of the Commonwealth AN ACT for the SETTLING OF IRELAND. WHereas the Parliament of ENGLAND, after the expense of much Blood and Treasure, for suppression of the horrid Rebellion in Ireland, Have, by the good hand of God upon their undertake, brought that Affair to such an Issue, as that a total Reducement and Settlement of that Nation may, which Gods blessing, be speedily effected: To the end therefore that the People of that Nation may know, that it is not the intention of the Parliament to extirpate that whole Nation, but that Mercy & Pardon, both as to life and Estate, may be extended to all Husbandmen, Ploughmen, Labourers, Artificers, & others of the inferior sort, in manner as is hereafter declared; They submitting themselves to the Parliament of the Commonwealth of ENGLAND, and living peaceably and obediently under their Government: And that others also of higher Rank and Quality may know the Parliaments intention concerning them, according to the respective Demerits and Considerations under which they fall; Be it Enacted and Declared by this present Parliament, and by the Authority of the same, That all and every person and persons of the Irish Nation, comprehended in any of the following Qualifications, shall be liable unto the Penalties and Forfeitures therein mentioned and contained; or be made capable of the Mercy and Pardon therein extended respectively, according as is hereafter Expressed and Declared: That is to say, I. THat all and every Person and Persons, who at any time before the Tenth day of November, One thousand six hundred forty two, (being the time of the sitting of the first General Assembly at Kilkennie in Ireland) have Contrived, Advised, Counselled, Promoted or Acted, the Rebellion, Murders or Massacres done or committed in Ireland, which began in the Year One thousand six hundred forty one: or have at any time before the said Tenth day of November, One thousand six hundred forty two, by bearing Arms, or contributing Men, Ar●● Horse, Plate, Money, Victual, or other Furniture 〈◊〉 Habiliments of War (other than such which they shall make to appear to have been taken from them by meet force and violence) aided, assisted, promoted, acted, prosecuted or abetted the said Rebellion, Murders or Massacres, be excepted from Pardon of Life and Estate. II. That all and every jesuite, Priest, and other person or persons who have received Orders from the Pope or Sea of Rome, or any Authority derived from the same, that have any ways contrived, advised, counselled, promoted, continued, countenanced, aided, assisted or abetted; or at any time hereafter shall any ways contrive, advise, counsel, promote, continue, countenance, aid, assist or abet the Rebellion or War in Ireland, or any the Murders or Massacres, Robberies or violences committed against the Protestants English or others there, be excepted from Pardon for Life and Estate. III. That james Butler Earl of Ormond, james Touchet Earl of Castlehaven, Vllick Bourk Earl of Clanrickard, Christopher Plunket Earl of Fingall, james Dillon Earl of Roscommon, Richard Nugent Earl of Westmeath, Morrogh O Brien Baron of Inchiquin, Donogh Mac Carthy Viscount Muskerie, Theobald Taaff Viscount Taaff of Corren, Richard Butler Viscount Mountgarret, _____ Roch Viscount Fernjoy, _____ Montgomery Viscount Montgomery of Ards, _____ Magennis Viscount of Iveah, _____ Fleming Baron of slain, _____ Dempsey Viscount of Glanmaleer, _____ Bermingham Baron of Athenry, Oliver Plunket Baron of Lowth, Robert Barnwal Baron of Trymletstown, Miles Bourk Viscount Mayo, Connor Magwire Baron of Eniskellen, Nicholas Preston Viscount Gormanstown, Nicholas Nettervil Viscount Nettervil of Dowth, john Bramhal late Bishop of Derry, james Cusack Esquire, Thomas Tyrrel Esquire, Peter Clinton Esquire, Sir Phelim O Neil, Sir George Monroe, Sir james Montogomerie and Sir Robert Stewart Knights, Sir Con Magennis of the County of Down Knight, Sir Luke Fitz-Gerald of Tecroghan Knight, Sir Richard Barnwal of Crickstown Knight, Sir john Nettervil Knight, Sir Thomas Esmond of the County of Wexford Knight, Sir john Magragh of the County of Tipperary, Sir Theobald Bourk son of the Viscount Mayo, Colonel Thomas Preston, Hugh Buy O Neil, Luke Taaff Brother of the Viscount Taaff, Geoffry Brown Esquire, Geoffry Baron, Patrick Darcy, and Nicholas Plunket Esquires, _____ Fennel Doctor of Physic, Hugh Mac Phelim Birn of the County of Wicklow, Florence Fitz-Patrick of the Queen's County Esquire, Colonel john Fitz-Patrick son of Florence, Roger Moor of Ballyna in the County of Kildare, Tirlogh Roe O Neil Brother to Sir Phelim O Neil, Mulmurry Mac Swine, Donnel Oge Magennis, john Mortimer, Rory Magwyre of the County of Fermanagh, Rory Mac Brien Oge Magennis, Even Magennis of Castle-vellan, Edmund Buy Magennis, Shane Mac Brien O Neil, Tirlogh Magragh son of james Magragh, Tirlogh Mac Caffry O Donnel, Brien Modder O Quynne, Brien O Mulcrevy, Patrick Groom O Mulcrevy, Tirlogh Groom O Quynne of Monagowre in the County of Tyrone, Colonel Manus Roe O Chahan, Toole Mac Machan, Malter Bagnal Esquire, Edmund Bourk, of Cloghan in the County of Mayo, _____ Pursel of Tipperary, Baron of Loghmo, Thomas Cantwel of Cantwels-Court in the County of Kilkennie, Edward Hussey of Moyl Hussey in the County of Meath, Hugh Hussey of Galtrim, john Bellew of Willystown in the County of Lowth Esquire, Philip Mac Hugh O Reyly of the County of Cavan, Mulmurry O Reyly of the County of Cavan, Colonel Mac Brien Mac Mahown of the County of Monaghan, Lysath Moor brother of Roger Moor before mentioned, Neil Mac Kenna of the Trough in the County of Monaghan, Richard beling Esquire son of Sir Henry beling Knight, Laurence Dowdal of Athlumney Esquire, Captain Arthur Fox of Crumlin in the County of Dublin, Brien Mac Phelim Birn of the County of Wicklow, Colonel Luke Tool of Castlekevin in the County of Wicklow, john Crean of Sligo, Anthony Brabazon of Ballinasloe in the County of Roscommon, Piers Fitz-Gerard of Ballisonan commonly called Mac Thomas, Lysagh Demsey of the King's County Esquire, Charles O Connor Dun of Ballintober in the County of Roscommon Esquire, Dermot O Brien of the County of Clare, Richard Grace Mac jasper of the King's County, Philip O Dwyre of the County of Tipperary, Owney O Dwyre of the County of Tipperary, Murtagh O Brian of Annagh in the said County, john O Kennedy of Dunnally in the said County, Murrogh ne Mart O Flagherty of the County of galway, Teige O Flagherty of the said County, Teige O Connor Roe of the County of Roscommon, Teige O Connor Sligo of Sligo, Redmond Bourk Kilcernan in the County of galway, Thomas Bourk of Anbally in the County of galway, john Brown of the Neil in the County of Mayo, Charles O Connor and Hugh O Connor brothers of Teige O Connor Sligo, james Dillon brother to the Viscount Dillon of Costillogh, _____ Touchet brother to the Earl of Castlehaven, be excepted from Pardon for Life and Estate. iv That all and every Person and Persons (both Principals and Accessaries) who since the first day of October, One thousand six hundred forty one, have, or shall kill, slay, or otherwise destroy any Person or Persons in Ireland, which at the time of their being so killed, slain or destroyed, were not publicly entertained and maintained in Arms as Officers or private Soldiers, for and on behalf of the English against the Irish; and all and every person and persons (both Principals and Accessaries) who since the said first day of October, One thousand six hundred forty one, have killed, slain, or otherwise destroyed any person or persons entertained and maintained as Officers or private Soldiers, for and on the behalf of the English against the Irish (the said persons so killing, slaying, or otherwise destroying, not being then publicly entertained and maintained in Arms as Officer or private Soldier under the Command and Pay of the Irish against the English) be excepted from Pardon for Life and Estate. V That all and every person and persons in Ireland, that are in Arms or otherwise in Hostility against the Parliament of the Commonwealth of England, and shall not within Eight and twenty days after Publication hereof by the Commissioners for the Parliament, or Commander in Chief, lay down Arms and submit to the Power and Authority of the said Parliament and Commonwealth, as the same is now established, be excepted from Pardon for Life and Estate. VI That all other person and persons (not being comprehended in the former Qualifications) who have born Command in the War of Ireland against the Parliament of England, or their Forces, as General, Lieutenant General, Major-General, Commissarie-General, Colonel, Governor of any Garrison, Castle or Fort, or who have been employed as Receiver-General or Treasurer of the whole Nation or any Province thereof, Commissarie-General of Musters or Provisions; Marshal-General, or Marshal of any Province, Advocate of the Army, or Secretary to the Council of War, or to any General of the Army, or of any the several Provinces, in order to the carrying on the War against the Parliament or their Forces, be Banished during the pleasure of the Parliament of the Commonwealth of England, and their Estates forfeited and disposed of as followeth, viz. That two third parts of their respective Estates be had, taken, and disposed of for the Use and Benefit of the said Commonwealth; And that the other third part of their said respective Estates or other Lands, to the proportion and value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual Settlement of the Peace of that Nation shall think fit to appoint for that purpose) be respectively had, taken and enjoyed by the Wives and Children of the said persons respectively. VII. That the Commissioners of Parliament, & Commander in Chief, have power to Declare, That such person or persons as they shall judge capable of the Parliaments Mercy (not being comprehended in any of the former Qualifications) who have born Arms against the Parliament of England or their Forces, and have laid down Arms, or within Eight and twenty days after Publication hereof by the Commissioners for the Parliament, and the Commander in Chief, shall lay down Arms, and submit to the Power and Authority of the said Parliament and Commonwealth, as the same is now established (by promising and engaging to be true to the same) shall be pardoned for their Lives, but shall forfeit their Estates to the said Commonwealth, to be disposed of as followeth, viz. Two third parts thereof (in three equal parts to be divided) for the Use, Benefit and Advantage of the said Commonwealth, and the other third part of the said respective Estates or other Lands, to the proportion or value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual Settlement of the peace of that Nation shall think fit to appoint for that purpose) be enjoyed by the said persons, their Heirs or Assigns respectively. Provided, That in case the Commissioners and Commander in Chief, or either of them shall see cause to give any shorter time than Twenty eight days, unto any person or persons in Arms, or in any Garrison, Castle or Fort in Hostility against the Parliament, and shall give notice to such person or persons in Arms, or in any Garrison, Castle or Fort, That all and every such person and persons, who shall not within such time as shall be set down in such notice, surrender such Garrison, Castle or Fort to the power of the Parliament, and lay down Arms, shall have no advantage of the Time formerly limited in this Qualification.