A COMMISSION AND INSTRUCTIONS To Charles Fleetwood, Esq; Lieutenant General of the Army in Ireland, edmond Ludlow, Esq; Lieutenant General of the Horse, Miles Corbet, Esq; John jones, Esq; empowering them to cause all the Lands( therein mentioned to be forfeited to the Commonwealth) to be forthwith surveyed, in order to the satisfying of Adventurers for Ireland, and arrears of Officers and Souldiers, And for the settling and planting of Ireland, with security to the Inhabitants, and such as shall plant the same. coat of arms of the Protectorate Wednesday June 29. 1653. At the council of State at White-Hall, Ordered, that this Declaration be forthwith printed and published. John Thurloe Secr. London, Printed for Giles Calvert, Thomas Brewster, and by and for Hen. Hills, and are to be sold at the Black-Spread-Eagle at the West end of Pauls, and at the Three Bibles in Pauls Church yard, MDCLIII. coat of arms of the Protectorate The Keepers of the Liberties of England, by Authority of Parliament, To our Trusty and Well-beloved, Charles Fleetwood, Esq; Lieutenant General of the Army in Ireland, edmond 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 politic 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 entitled, 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 entitled, An Act for adding unto, and explaining of certain clauses in another Act made this Parliament, entitled, 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 entitled, An Act to enable Corporations, and bodies politic, to participate of the benefit of an Act lately passed, entitled, an Act for the speedy and effectual reducing of the Rebells, in his Majesties kingdom of Ireland, to their due obedience to his majesty, and the Crown of England; And one other Act, entitled, an Act for the further advancement of an effectual & speedy reduction of the Rebells 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, entitled, 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 thirtieth of November, one thousand six hundred forty and seven; Vpon which several Acts and Ordinances, great sums of money have been subscribed, And paid in to the respective Treasurers therein name, 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 Souldiers, who have been employed in reducing the said Rebells, 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, Souldiers, and other persons aforesaid, as soon as possible may be; and that Country of Ireland planted, and settled 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 Admesurement of all and every the Honors, Baronies, Castles, manours, Lands, Tenements, and Hereditaments, forfeited by force or virtue of all, or any of the sad Acts; and also of all, and every the Honours, Baronies, Castles, manours, 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 Arch-Bishop, Bishop, Dean, Dean and Chapter, or other Officer belonging to that Hierarchy in right of the archbishopric, Deanery, 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 & appoint such fit and able Persons to be Surveyors General, and also to approve of or reject, as you shall find cause, such Person, and Persons, as shall be nominated unto you by the said Surveyors General, to be employed as Surveyors under them for the purposes aforesaid; and to constitute and appoint a fit Person of Integrity and Ability( for such an employment) 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 administered; and to administer an Oath in such other Cases as are hereby appointed; and to appoint such and so many Clerks and other Officers only, as shall be necessary for the speedy perfecting the said Work; and to give your Warrant, and Warrants, for payment, from time to time, of such moneys as shall be payable unto them, and every of them, for their respective salaries, out of the forfeited Lands, or public Revenues of Ireland, &c. in such manner, 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 ourselves at Westminster, &c. instructions for Charles Fleetwood, Esq; Lieutenant General of the Army in Ireland, edmond Ludlow, Esq; Lieutenant General of the Horse, Miles Corbet, Esq; and John jones, Esq; Commissioners authorised by a Commission under the Great Seal of England, for the purposes mentioned in the said Commission. 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 daies at the least before the setting forth of any the Lands 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 Rebells 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 daies 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 authorised 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 Honours, Baronies, Castles, manors, Lands, Tenements, and Hereditaments, of, or lately belonging to all and every the Rebels of Ireland, and all the Lands forfeited by virtue 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, Arravle and Profitable Pasture belonging to each of the said Honours, Baronies, Castles, manors, Lands, Tenements respectively to be Admeasured and set forth, so as the same may be certainly, and distinctly known from other the Lands there, by their Qualities, Quantities, Names, Situation, 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 employed 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 ly 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 Lemster; the Counties of Down, Antrim, and Armagh, in the Province of Ulster; and to divide all the forfeited Lands, Meadow, Arable 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 slain, in the county of Eastmeath) into two equal moieties 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 Honours, Baronies, Castles, Lands, Tenements and Hereditaments each moiety did contain. You shall likewise give Instructions to the said Surveyors General, and the Vnder-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 ly 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 account that the said Vnder-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 Vnder-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 Vnder-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 inquire and find out all and every the Honours, Baronies, Castles, manors, messages, 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 inquire and survey what Timber, Buildings, Open Quaries, and Mines are upon the premises, and to make true particular Surveys of their proceedings. The Surveyors shall also in like manner, and by the like ways and means, examine and find out all such Honours, 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 therof in the year one thousand six hundred and forty. They shall also by the like ways and means, examine and find out all Honours, Baronies, Castles, and manors, Lands, Tenements, Rents or other Hereditaments lately belonging to any Arch-Bishop, Bishops, Deans, Dean and Chapter, or other Officers belonging to that Hierarchy in Ireland, in the right of his archbishopric, bishopric, 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 Vnder-Surveyours 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 than such as have interest in, or title to, the Lands in Question, whom they presume can inform them in the premises. The said Vnder-Surveyours 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 manner 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 Vnder-Surveyours, shall peruse them with diligence, and if they find 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 Vnder-Surveyours, and certify them the Causes of their exceptions, who shall thereupon forthwith examine the truth thereof, and amend the same, or certify the cause why they cannot do it. The surveyors General shall have power to certify 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. 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 favour or affection, malice, reward or gift, or hopes of reward or gift, break the same. The Oath of the Vnder-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 employed 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 favour, 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 manner 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 trust in me reposed and such Instructions as I shall receive in that behalf, and that I will not for fear, favour, 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 public 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 quarterly 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 public faith. You are hereby empowered to allow unto such Clerks and other Officers as you shall find necessary to be allowed to the said Surveyors General, and Register, for making out, entering or transcribing Surveys, Particulars, Contracts, Iournal 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 public Revenue of Ireland. The Surveyors General, Register, Vnder-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 employment 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, Souldiers, and Officers, should be satisfied, and Ireland planted with as much expedition as may be, you are to consider, and advice whether by any other way or means than is before in and by these Instructions prescribed, with less expense, and in a shorter time, a Gross Survey may be taken, of the several Honours, Baronies, manors, Lands, or Tenements, so forfeited as aforesaid, so as there may be some certainty what Honours, Baronies, manors, Lands, Tenements, and Hereditaments, are forfeited, and an estimate made what quantity of Meadow, Arable, and Profitable Pasture, and what Woods, bogs, & Barren Mountains, are belonging to each of them respectively, that thereby way may be made for allotments between the Adventurers and the said Souldiers and Officers, and afterwards, upon the Division or Allotment of each persons respective proportion, or in some convenient time after, a more exact Admeasurement may be made. And in case you shall find the same may be effected, you are hereby authorised and required to take such speedy course therein( without proceeding by the way of Vnder-Surveyors herein before prescribed) as you shall judge most expedient and effectual to lessen the charge, and shorten the Work. And you are empowered to employ therein, such, and so many persons, and to allow them such salaries, or recompense, to be paid in such manner, 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 Honour, barony, Mannor, Lands, or Tenements, and of the Quantity and Number of Acres of Meadow, Arable, 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 adjoining 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, Arable, and Profitable Pasture, is in such survey or estimate mentioned to belong to such Honour, Barony, Mannor, 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. Methusulah Turner, Robert Hamond, and others, appointed 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 Council of State( until the meeting of the Supreme Authority of this Nation) and afterwards from the said Supreme Authority, or others authorised by them on that behalf. Whereas an Act of Parliament was made the twelfth day of August 1652. entitled, An Act for the settling 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 liable 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 favour intended unto him by the said Act, you are hereby authorised 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 authorised and impowred to examine Witnesses upon oath for charging or cleared 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 Honours, manors, Lands, Tenements, or Hereditaments in Ireland, given, or granted since the first day of November in the year 1641. by any Act, Ordinance, or Order of Parliament, to any person or persons whatsoever, or unto their Heirs or Assigns, nor to the Mannour 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, & forasmuch as the surveying and dividing the ten Counties aforesaid, and the determining the Lots between the Adventurers and Souldiers, touching the same, must necessary be perfected before the Souldiers 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 Common-Wealth, in case such disbanding should be so long delayed, And it being evident, that if the Souldiers should be disbanded before they can receive satisfaction for their Arrears, they would be exposed to great extremity, if not to utter ruin; To the end therefore such Officers and Souldiers as shall be so disbanded, may, immediately upon their disbanding, receive such proportions of Land, as may satisfy the Arrears grown due unto them since the fift of June 1649. and be put into a way of planting, and the better enabled to subsist, You are hereby authorised 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 Jreland, as you shall think fit( other than the Counties of Dublin, Kildare, and Caterlaugh, in the Province of Lemster; and Cork in the Province of Munster, and other than 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 Souldiers 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 satisfy the Arrears due as aforesaid, to such Officer and soldier respectively, at the valves 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 Lemster, 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 Arable, 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, Situation, barony, Mannor, 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 behalf of the State, within five years next after such setting forth as aforesaid respectively) it shall appear that the premises expressed in such survey, and enjoyed by virtue thereof, do contain a greater number of Acres than 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 manner 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 aforesaid, and is there seated, and desires to retain the same, You are hereby empowered and authorised to contract with such Officer and Officers, soldier and Souldiers, for Houses and Lands with the appurtenances contained in such Custodium, at such rates and valves 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 than the Arrears so due to such Officer or soldier, then such remainder of the Purchase money shall be paid in to the public treasury of Ireland, for the use of the Commonwealth, and that such Officer and Officers, soldier and Souldiers, 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. june 29. 1653. At the Council of State at White-Hall, Ordered, That this Commission and Instructions be forthwith Printed and Published. John Thurloe Secr.