WHereas the Parliament of Eng­land, after the expence of much Blood and Treasure for suppres­sion of the horrid Rebellion in Ireland, Have by the good Hand of God upon their undertakings, brought that Affair to such an Issue, as that a total Reducement and Settlement of that Nation may, with 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 [Page 1698]that whole Nation, but that Mercy and Pardon, both as to Life and Estate, may be extended to all Husbandmen, Plowmen, La­borers, Artificers, and others of the Inferi­or sort, in maner 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 Qualifica­cations, shall be lyable 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 Kilkenny in Ire­land) Have Contrived, Advised, Councelled, Promoted or Acted, the Rebellion, Mur­thers or Massacres done or committed in Ire­land, which began in the year One thousand six hundred forty one; or have at any time [Page 1699]before the said Tenth day of November, One thousand six hundred forty two, by bearing Arms, or contributing Men, Arms, Horse, Plate, Money, Victual, or other Furni­ture or Habilliments of War (other then such which they shall make to appear to have been taken from them by meer force and violence) ayded, assisted, promoted, acted, prosecuted or abetted the said Rebelli­on, Murthers or Massacres, be excepted from Pardon of Life and Estate.

II. That all and every Iesuit, 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, councel­led, promoted, continued, countenanced, ayd­ed, assisted or abetted; or at any time hereaf­ter shall any ways contrive, advise, councel, promote, continue, countenance, ayd, assist or abet the Rebellion or War in Ireland, or any the Murthers or Massacres, Robberies or Violencies 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, Ullick Bourk Earl of Clanrickard, Christopher Plunket Earl of Fin­gal, James Dillon Earl of Roscomon, Richard Nugent Earl of Westmeath, Morrogh O Brien [Page 1670]Baron of Inchiquin, Donogh Mac Carthy Vis­count Muskerry, 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 Slane, [...] 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 Esq Thomas Tyrrel Esq Peter Clinton Esq Sir Phelim O Neil Knight; Sir George Monroe Knight, Sir James Montgomery Knight, Sir Robert Stew­art Knight, 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 Knt. 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 Esq Geoffry Baron Esq Patrick Darcy Esq Nicholas Plunket Esq [...] Fennel Doctor of Physick, Hugh Mac Phelim Birn of the County of Wicklow, Florence Fitz Patrick of the Queens County Esq 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 Swyne, Donnel Oge Ma­gennis, [Page 1701]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 Cahan, Toole Mac Macan, Walter Bagnal Esq Edmund Bourk of Cloghan in the County of Mayo, [...] Pursel of Tipperary Baron of Loghmo, Thomas Cantwel of Cantwels-Court in the County of Kilkenny, Edward Hussey of Moyl Hussey in the county of Meath, Hugh Hussey of Galtrym, John Bellew of Willystown in the county of Lowth Esq 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, Lysagh Moor brother of Roger Moor be­fore-mentioned, Neil Mac Kenna of the Trough in the county of Monaghan, Richard Belling Esq son of sir Henry Belling Knight; Laurence Dow­dal of Athlumney Esq Captain Arthur Fox of Crumlin in the county of Dublin, Brien Mac Phe­lim Birn of the county of Wicklow, Col. Luke Tool of Castle kevin in the county of Wicklow; John Crean of Sligo, Anthony Brabazon of Ballin­floe in the county of Roscomon, Piers Fitz Gerard of Ballisonan, commonly called Mac Thomas, Lysagh Demsey of the Kings County Esq Charls O Conner Dun of Ballintober in the county of Roscomon Esq Dermot O Brien of the county of Clare, Richard Grace Mac Jasper of the Kings County, Philip O Dwyre of the county of Tip­perary, Owney O Dwyre of the county of Tip­perary, [Page 1702]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 Gallowey, Teige O Flagherty of the said county, Teige O Connor Roe of the county of Roscomon, Teige O Connor Sligo of Sligo, Red­mond Bourk Kilceman in the county of Gallo­wey, Thomas Bourk of Anbally in the county of Galloway, John Brown of the Neal in the coun­ty of Mayo, Charls 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 Lift 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 publiquely 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 [Page 1703]destroying, not being then publiquely 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 any of 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, Commissa­ry General, Colonel, Governor of any Ga­rison, Castle or Fort, or who have been im­ployed as Receiver-General or Treasurer of the whole Nation or any Province there­of, Commissary-General of Musters or Pro­visions; Marshal-General, or Marshal of any Province, Advocate of the Army, or Se­cretary to the Councel of War, or to any Ge­neral [Page 1704]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 Vse 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 this 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 and 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 ingaging to be true [Page 1705]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 Vse, 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 then Twenty eight days, unto any per­son or persons in Arms, or in any Garison, Castle or Fort in Hostility against the Par­liament, and shall give notice to such person or persons in Arms, or in any Garison, 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 Garison, 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.

VIII. That all and every person and persons of the Popish Religion, who have resided in Ireland at any time from the First day of Octo­ber, One thousand six hundred forty-one, to [Page 1706]the First of March, One thousand six hundred fifty, and have not manifested their constant good Affection to the Interest of the Com­monwealth of England (the said persons not being comprehended in any of the former Qualifications) shall forfeit one third part of their Estates in Ireland to the said Com­monwealth, to be disposed of for the Vse, Benefit and Advantage of the said Com­monwealth; and the other two third parts of their respective Estates or other Lands, to the proportion or value thereof, to be assigned in such place in Ireland, as the Parliament, for the more effectual Settlement of the peace of that Nation, shall think fit to appoint for that purpose, be enjoyed by such person or persons, their Heirs or Assigns respectively: And that all other persons who have resided in Ireland within the time aforesaid, and have not been in actual Service for the Parlia­ment, or otherwise manifested their good Af­fections to the Interest of the Parliament of England, having opportunity to do the same, shall forfeit one fifth part of their Estates to the Vse of the said Commonwealth.

IX. That all and every person and persons (having no real Estate in Ireland, nor person­al Estate to the value of Ten pounds) that shall lay down Arms and submit to the Power and Authority of the Parliament by the time limited in the former Qualificati­ons, and shall take and subscribe the En­gagement, To be true & faithful to the Com­monwealth [Page 1707]of England, as the same is now Established, within such time and in such maner, as the Commissioners for the Par­liament, and Commander in Chief shall ap­point and direct, such persons (not being Ex­cepted from Pardon, nor adjudged for Ba­nishment by any of the former Qualificati­ons) shall be pardoned for Life and Estate for any act or thing by them done in prosecution of the War.

X. That all Estates Declared by the former Qualifications concerning Rebels or Delin­quents in Ireland to be Forfeited, shall be con­strued, adjudged and taken, to all intents and purposes, to extend to the Forfeitures of all Estates Tail, and also of all Rights and Ti­tles thereunto, which since the Five and twentieth of March, One thousand six hun­dred thirty nine, have been or shall be in such Rebels or Delinquents, or any other in trust for them or any of them, or their or any of their uses, with all Reversions and Remain­ders thereupon, in any other person or per­sons whatsoever: And also to the Forfeiture of all Estates limited, appointed, conveyed, setled or vested in any person or persons De­clared by the said Qualifications to be Re­bels or Delinquents, with all Reversions or Remainders of such Estates conveyed, vest­ed, limited, declared or appointed to any the Heirs, Children or Issues of such Rebel or Delinquent; which Estate or Estates, Re­mainders or Reversions since the five and twentieth of March, One thousand six hun­dred [Page 1708]thirty nine, have been or shall be in such Rebels or Delinquents, or in any their Heirs, Children or Issues of such Rebels or Delin­quents; and to all Estates granted, limited, appointed or conveyed by any such Rebels or Delinquents, unto any their Heirs, Chil­dren or Issue, with all the Reversions and Remainders thereupon. Provided, That this shall not extend to make void the estates of any English Protestants, who have con­stantly adhered to the Parliament, which were by them Purchased for valuable consi­deration before the Three and twentieth of October, One thousand six hundred forty one; or upon like valuable consideration Mort­gaged to them before that time, or to any per­son or persons in trust for them for satisfacti­on of Debts owing to them.

Provided, That if any person or persons Excepted by name or otherwise, comprehen­ded in these Qualifications, have been com­prized within any Articles granted unto them, or agreed upon between them and any Commander of the Parliaments For­ces thereto Authorized; That such person or persons shall nevertheless enjoy the benefit of those Articles, in case the Commissioners of Parliament in Ireland shall adjudge them to be Comprized therein; and that they have observed and kept, and continue to observe and keep the Articles on their parts. And that nevertheless it shall be in the Power of the Parliament, or their Commissioners, if they see cause, to Transplant such persons from the respective places of their usual Ha­bitation or Residence, into such other places [Page 1709]within that Nation, as shall be judged most consistent with Publique Safety, allowing them such proportion of Land or Estate in the parts to which they shall be Transplant­ed, as they had or should have enjoyed of their own other where, in case they had not been so removed.