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. yeer of the Reign of our most gracious Soveraign Lord, CHARLES, by the grace of God, of England, Scotland, France, and Ireland King, Defender of the Faith, &c.

LONDON, Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL.

1641.

Cum Privilegio.

C R

HONI SOIT QVI MAL Y PEN

DIEV ET MON DROIT

❧ ANNO XVII. Caroli Regis.
¶ An Act for the speedie and effectuall reducing of the Rebells in His Majesties Kingdom of Ireland to their due obedience to His Majestie and the Crown of England.

WHereas the Lords and Com­mons, taking into their seri­ous considerations, as well the necessity of a speedie reducing of the Rebells 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 publike and necessary affairs of this King­dom, whereof the Lords and Commons are very sensible, and desirous to imbrace all good and honourable wayes, tending to His Majesties great­nesse and profit, the setling of that Realm, and the ease of His Majesties Subjects of England;

[Page] And whereas divers worthy and well-affected persons, per­ceiving that many Millions of Acres of the Rebells 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 Rebells 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 yeerly rent shall be reserved to the Crown of England, after this proportion, (viz.) out of each Acre thereof in Ulster one penie; 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 Ma­jesties 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 [Page] of the Robells, and their personall Estates, without any charge unto His Majestie.

3 That for the erecting of Mannors, setling of Wasts, and Commons, maintaining of preaching Ministers, Creating of Corporations, and Regu­lating of the severall plantations, one, or more Commissions be hereafter graunted by authoritie of Parliament.

4 That Moneys for this great occasion may be the more speedily advanced, All the Vndertakers in the Citie of London, and within twentie miles di­stant thereof, shall underwrite their severall sums be­fore the twentieth day of March, one thousand six hundred fourtie one, and all within sixtie miles of London, before the first day of Aprill, one thousand six hundred fourtie two, and the rest of the Kingdom before the first day of May, one thousand six hundred fourtie two.

5 That the severall sums to be underwritten, shall be paid in at four paiments, (viz.) One fourth part within ten dayes after such underwriting, and the other three parts at three Moneths, and three Moneths, all to be paid into the Chamber of London.

6 That for the better securing of the said severall sums accordingly, every one that doth so Vnderwrite shall at the time of his Subscription pay down the twentieth part of the totall 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, [Page] within the ten dayes before limited, then such party shall not onely forfeit the twentieth part of the sum totall formerly deposited, but so much more of his first fourth payment to be added thereunto, as shall make up the one Moyetie of the said fi [...]t payment. And if the same person shall fail in any other of the three paiments, 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 Soveraign 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 authoritie of Parliament;

Be it therefore Enacted by Our Soveraign Lord the King, with the assent of the Lords and Commons in this present Par­liament assembled, and by authoritie of the same, That all and every of the said Propositions, and every clause therein con­tained, are, and shall be according to the tenour and purport thereof hereby ratified, established, and confirmed, with such explanations, alterations, and additions, as in this Act are exprest.

And be it further Enacted, That all and every person, and per­sons, which upon the three and twentieth day of October, in the yeer one thousand six hundred fourtie one, or at any time after shall be in Rebellion, or levie war against the Kings Majestie, within His Realm of Ireland, or shall willingly aid, assist, or coun­tenance any person or persons in Rebellion against the Kings Majestie, shall lose and forfeit unto the Kings Majestie, His Heires 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, Mannors, Messuages, Lands, Tenements, Rents, Annuities, Reversions, Remain­ders, Vses, Possessions, Offices, Rights, Conditions, or any other Hereditaments, of what name, nature, or qualitie soever [Page] 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 ought to have, of, in, or to the same Honours, Castles, Mannors, Messuages, Lands, Tenements, Rents, Annuities, Reversi­ons, Remainders, Vses, Possessions, Offices, Rights, Conditi­ons, or any other Hereditaments, shall by the authoritie afore­said, be deemed vested, adjudged, and taken to be in the actuall and reall possession of Our Soveraign 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 vertue 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 vertue 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 Lawrence 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 tendred and paid ac­cording to this Act, which said persons so appointed to receive the said sums of Money, shall enter the names of the Vnder­writers, 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 Coun­tie of England, and Dominion of Wales, shall receive all such Subscriptions, and sums of Money, as shall be by vertue of this Act tendred to them in their respective Counties, and shall appoint dayes, and places for that purpose, and shal give receipts [Page] for the sums so received under their hands, and return the sums subscribed and received, together with the names of the Vnderwriters, and the times of their Subscriptions, to the Chamber of London, to the hands of the said John Warner, John Towse, Thomas Andrewes, and Lawrence Halsted, or to any two of them, with all convenient speed, to be by them entred into Books to be kept for that purpose: And they, the said John War­ner, John Towse, Thomas Andrewes, and Lawrence 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 Andrewes, and Lawrence Halsted, and the said Sheriffs, their of­ficers and ministers, their heirs and executors, shall accompt 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 lawfull, to, and for the said John Warner, John Towse, Thomas Andrewes, and Lawrence Halsted, and the said Sheriffs respectively, to deduct, and retain to their own use, one peny 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 vertue 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, [Page] 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 severall Vnderwriters, and among the heirs of such Vnderwriters as shall die before the division, and the assignee, and assignees of such of the Vnderwriters as shal assigne 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 Vnderwriters Land to be laid together, or so neer 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 vertue of this Act, shall not be found in each Province, then 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 proceedings therein fairly ingrost in parchment into His Majesties Court of Chancery of this Kingdom, there to remain of Record, and into His Majesties 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 drawne 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 shalbe, and so shalbe adjudged to be, by vertue of this Act, in the actuall 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 [Page] so drawn as aforesaid, enter upon, have and enjoy to him and his heires, 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 moneths 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 vertue of this Act, for every such thousand, two thousand, fifteen hundred, and three thousand Acres, to create a Mannor within the limits of the said lands respectively, and to reserve tenures to hold of him­self and his heirs, as of his said Mannor or Mannors, 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 Mannor, and to enjoy all such Royalties, Fran­chises, Fines and Amerciaments, Suites, Services, and Im­munities, as to view, of Franke pledge, or Court Baron, is usuall and belonging. And also within each respective Man­nors, to have and enjoy as aforesaid, all Deodands, Felons goods, and goods of Felons, of themselves, together with all Wayfes and Strayes.

And be it further enacted by the authority aforesaid, That no part of the monie which shall be paid in according to this Act, shall be imploied to any other purpose then the reducing of the said Rebels, untill the said Rebels shall be declared to be subdued by the said Lords and Commons, as aforesaid. And that the said monies shall be imploied for the speedie and ef­fectuall subduing of the said Rebels by sending over into the said Realme of Ireland, and disposing there such forces of Foot, and Horse, Monies, Ammunition, Victuall, and all other things necessary to a warre, 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.

[Page] 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 Chancellour 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 Rebells goods or Lands, or of any goods or Lands forfeit­ed by vertue of this Act, and all Pardons which shall be grant­ed to any of the said Rebells before attainder, after the three and twentieth of October, one thousand six hundred fourty 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 fourty dayes before they set forth the same, or any part thereof, cause Proclamations to be made by vertue of this Act, in every Countie 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 fourty one, in, or out of any of the said Rebells Lands, or the Lands forfeited by this Act, ly­ing within the Countie where any such Proclamation shall be made, shall enter his claim to the same upon record in His Ma­jesties Court of Chancery in the said Kingdom of Ireland, with­in twenty dayes after the said Proclamation so made in the said Countie.

And be it further enacted by the authority aforesaid, That every person which after the first day of March, one thousand six hundred and fourty, shall make, enter into, or take any Com­pact, [Page] 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 vertue of this Act, forfeit to His Maje­stie, His Heirs, and Successours, 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, entring into, or taking any such Compact, Bond, Covenant, Oath, Promise, or Agreement, other then such Lands, Tenements, Hereditaments, Goods and Chattells, as shall be bona fide, and for valuable consideration sold, before the said three and twentieth of October, one thousand six hundred fourty 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 fourty one, be, or hereafter shalbe 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 Chattells 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 vertue of this Act forfeited to His Majestie, His Heirs and Successours, and shall be adjudged to be in the actuall seisin and possession of the King, His Heirs and Successours, by ver­tue 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 seised the three and twentieth of October, one thousand six hundred fourty one, or at any time after, shall be seised of any Estate, tail, or whereof any other person or persons shall be seised in trust for him, for any trust of inheritance, who shall be attainted of high treason in his life time, or being in actuall 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 vertue of this Act, be, and adjudged to be in the actuall seisin and pos­session of the King. His Heirs and Successours.

And be it further enacted by the Authority aforesaid, That if [Page] any person or persons whatsoever, that at any time hereafter shall be attainted for Treason, or shall die in actuall 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 fourty, make, or hath made any Conveyance, or Assurance whatsoever, of any Man­nors, 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 Vses, Estates, and Trusts so limited, other then 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 Majestie, His Heirs and Successours, and shall be adjudged to be by vertue of this Act, in the actuall possession of the King, His Heirs and Successours.

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 Vnderwriters is already elap­sed, that every one of the Kings Subjects of the Realms of Eng­land, Scotland, or Ireland, that shall underwrite within this King­dom the summe of ten pounds, or more, for the purpose afore­said, before the first day of May one thousand six hundred fourty 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 Moneths after such subscription: and every one of the Kings Subjects of the Realms of England, Scotland, and Ireland that shall underwrite the summe 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 Armie there for the time being) who is authorized, and required hereby to keep such Book, or Books, and to enter the names of such Vnderwriters, and the time of such subscrip­tions, together with the summes subscribed, before the first day of July one thousand six hundred fourty two, and before the said Million of Money shall be underwritten, and shall at the time of such subscription pay one moietie of such summe so to be un­derwritten [Page] 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 moietie residue within six moneths 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 Rebells Lands, and of other Lands to be forfeited by this Act, according to the sum to be under­written 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 speedie Plantation within that Kingdom, which will soon redound to the great increase of His Majesties Customes and Revenues there, Be it further enacted by the Authoritie 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, Cattell, 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 yeers, to be accounted from such division and allotment to be made (as aforesaid) without paying any Cu­stome, Subsidie, or Impost for the same. Neverthelesse, up­on sufficient securitie given to the Farmers, or Collectors of His Majesties Customes, for the time being, or to any one of them, that the said Horses, Mares, Cattell, Sheep, and goods so to be exported, shall be bona fide imployed for the planting, impro­ving, and stocking of the said lands, or of some part thereof, and not to be imployed to any other purpose. Saving to all and singular persons, bodies Politique, and Corporate, their Heirs and Successors, and the Heirs and Successors of every of them (other then 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 Assignes, and all and every person or persons clayming, 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 ought to have had in, to, or out of any the [Page] said Houses, Mannors, Castles, Lands, Tenements, Heredi­taments, or Premisses, forfeited by this Act, or any of them, the three and twentieth day of October, in the yeer of our Lord God, one thousand six hundred fortie one, so as every such person or persons, bodies Politique, or Corporate, whose right or inter­est is saved by this Act, their Heirs or Successors do make or enter, or cause to be entred, his, or their claim to any such right, title or interest, in His Majesties Court of Chancerie in Ireland, within twentie dayes after such Pro­clamation made as aforesaid.

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