History of the Down Survey (Petty 1851)/App
APPENDIX.
APPENDIX.
I.
Satisfaction of the Adventurers for Lands in Ireland, and of the Arrears due to the Soldiery there, and of other publique Debts[1].
WHEREAS many well-affected persons, bodies politique and corporate, did subscribe and pay in, upon several Acts and ordinances of the late Parliament, divers considerable sums of money by way of adventure towards the suppression of the late horrid rebellion in Ireland, which said sums of money were, by the said Acts and ordinances, appointed to be satisfied by several proportions of the lands of the rebels there, as soon as the said rebellion should be appeased;Satisfaction to be made to adventurers, officers, soldiers, and others. and whereas also several other great sums of money are grown due, and in arrear unto the officers and soldiers who have been employed in reducing the said rebels, and to sundry other persons either for arrears yet unsatisfied, moneys lent, or provisions or other supplies furnished for the publique service; and whereas, by the blessing of God upon the forces of this Commonwealth, the said rebels are subdued, and the said rebellion is appeased and ended, and it is hereby declared to be appeased and ended. To the end, therefore, that all just satisfaction may be made unto the adventurers, officers, and soldiers, and other persons aforesaid, as soon as possibly may be, and that the countrey of Ireland may be planted and setled with security unto such as shall plant and inhabit the same, be it enacted by this present Parliament, and by the authority thereof, Committee of Grocers' Hall. that one order of the Council of State, dated the first day of June, one thousand six hundred fifty and three, appointing and authorizing Methuselah Turner, of Cheapside, London, linen-draper, and other persons therein named, or any five or more of them, to sit as a committee at Grocers' Hall, to regulate, order, and dispose the drawing of Commission under the great seal, with instructions. lots for ascertaining to the said adventurers where their dividends of lands shall be; and one commission under the great seal of England, bearing date the two and twentieth day of June, one thousand six hundred and fiftythree, directed to 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., authorizing them, or any two or more of them, to put in execution the Further instructions form the council of state confirmed. instructions thereunto annexed; and the further instructions from the council of state to the said Charles Fleetwood, Esq., and other the said commissioners in Ireland, or any two of them, bearing date the second day of July, one thousand six hundred fifty and three; and all the powers and authorities given and contained in the said order, commission, instructions, and further instructions, be and are hereby ratified and confirmed.
What lands shall be charged for satisfaction to the adventurers.And be it further enacted by the authority aforesaid, that one moyety of such the forfeited lands, as shall be by vertue of the said commission and instructions surveyed, measured, ascertained, and set forth, and all and every of them as are within the respective counties of Limerick and Tipperary (including that part thereof anciently called Holy Cross, otherwise Cross Tipperary), and Waterford, in the province of Munster, the King's County, the Queen's County, and the counties of Eastmeath and Westmeath, in the province of Leinster; the baronies of Duleek and Slane, in the said county of Eastmeath, being included, any former exception thereof in the said instructions to the contrary notwithstanding. And the counties of Down, Antrim, and Armagh, in the province of Ulster, shall be and are hereby charged with the sum of three hundred and sixty thousand pounds, for and towards the satisfaction of the adventurers for lands in Ireland, who subscribed and paid in their moneys, according to the several acts and ordinances of Parliament, The rates, proportions, and conditions to be according to the acts and ordinances. mentioned and particularized in the said commission under the great seal, to be made unto them in land, according to the rates, proportions, and conditions expressed, limited, and provided in and by the said acts and ordinances respectively; and that the other moyety of such of the forfeited lands as are within the counties aforesaid, shall be, and are hereby charged for the security, and towards the satisfaction of the arrears of pay due to the officers and soldiers of the present What lands shall be charged for satisfaction of arrears of the present army in Ireland. army in Ireland, to be made to them at the same rates with the adventurers, that is to say, after the rate of one thousand acres in Leinster for six hundred pounds, one thousand acres in Munster for four hundred and fifty pounds, and one thousand acres in Ulster for two hundred pounds, all according to Irish measure, together with such other advantages of bog, wood, and mountain, as are allowed to the adventurers.
Who shall have the benefit of these concessions.Provided always, that those officers and soldiers onely, and their executors, administrators, and assigns, shall have the benefit of these concessions, who are or have been of the present army in Ireland, and for the arrears of pay grown due unto them since the fifth day of June, one thousand six hundred forty and nine, and for such other arrears as became due unto them for their service in England, before the said fifth of June,Such shall not sell till they be in actual possession, without leave. one thousand six hundred forty and nine, for which no satisfaction hath been already given, and that they shall not have power of selling their arrears or debentures, or of selling or alienating any the lands to be allotted unto them, until they shall be in the actual possession of such lands, without leave or license first had from the commander-in-chief for the time being, or such as he shall All sales or alienation to the contrary to be void. authorize for that purpose; and that all acts of sale or alienation that shall be made contrary hereunto to be null and void. And for that divers constructions may be made upon this present Act, or upon any former Acts of Parliament for reducing of Ireland, what shall be said to be woods which shall be cast in over and above unto the several proportions of land hereby to be alotted to the adventurers and soldiers; What shall be said to be woods to be cast in. be it therefore declared and enacted by authority of this present Parliament,that such woods onely shall be taken to be within the intent and meaning of this present and other former Acts as are growing upon barren mountains, or which are not fit for timber, anything in this or any former Act to the contrary notwithstanding.
Rules for an equal divident of the ten counties.And to the end an equal divident of the said ten counties may be made betwixt the said adventurers and the said officers and soldiers, be it further enacted by authority aforesaid, that upon return made of the surveys of each of the said counties to the aforesaid committee for the lottery at Grocers' Hall, as by the afore-mentioned instructions issued under the great seal is directed, the said committee, upon computing the forfeited lands in each barony, shall divide each county by baronies into two moyeties, as equally and indifferently as they can, and then a lot or lots shall be drawn by the adventurers, or some on their behalf appointed, and by some officer or officers, or other person or persons appointed by the Lord General Cromwel, on behalf of the soldiery, for the dividing each county by baronies as aforesaid between them; and thereupon the said committee shall make forth two certificates under their hands and seals, each of them to contain and specifie which baronies in each county do by lot fall to the adventurers, and which to the soldiers, and those certificates shall ascertain to each their divisions respectively, and when the division is so made, the said committee at Grocers' Hall shall cause the respective baronies of the ten counties, so appropriated to the adventurers for and towards their satisfaction, to be equally subdivided amongst them by lot according to the proportions belonging to every of them; and Supply where baronies defective. if any baronies be defective to answer the sum which is apportioned thereto, supply shall be made out of any other barony or baronies belonging to the adventurers, where an overplus shall be found within the same county, and in default thereof, Who shall divide and sub-divide the money between the officers and soldiers. within the same province, if it may be; and for the equal dividing and subdividing of the baronies and lands within the other moyety of the said ten counties, which shall be appropriated to the officers and soldiers, the said commissioners of parliament, or such as they shall appoint, shall be, and are hereby fully empowered and authorized to distribute and set forth unto the said officers and soldiers, answerable to their respective arrears, their several proportions of lands by lot or mutual agreement Commander-in-chief to determine differences between the officers and soldiers herein. amongst the said officers and soldiers. And the commander-in-chief of the forces in Ireland, or such as he shall from time to time appoint for that purpose, shall be and are hereby impowered and authorized to hear, adjudge, and finally conclude and determine all differences and controversies that shall and may happen or be between any the said officers or soldiers, or any part of them, in or concerning the dividing, sub-dividing, apportioning, or allotment of any the lands aforesaid, and such direction, judgement, and conclusion as shall be made and given in and concerning the same by the said commander-in-chief, or such as he shall appoint for that purpose, shall be observed and obeyed by all and every the officers and soldiers and other persons who shall be any way concerned therein.
Supply for the adventurers in case the moyety of the ten counties shall not be sufficient.And be it further enacted by the authority aforesaid, that in case the moyety of the said ten counties shall not be sufficient to satisfie the debt of the said adventurers, then the remainder thereof shall be satisfied by such lands as are forfeited in the county of Lowth, within the province of Leinster, excepting the barony of Atherdee, and what shall be defective in the other moyety of the said ten counties, to satisfie the arrears of the army in Ireland, that have accrewed and grown due since the fifth of June, one thousand six hundred forty and nine, together with such other arrears as became due unto them for their service in England before the said fifth day of June, one thousand six hundred forty and nine,Supply for the arrears in Ireland, in case of defect. shall be made up and satisfied unto them out of the surplusage of the moyety of the ten counties alotted to the adventurers, in case any such surplusage shall appear to be, and out of the county of Lowth, except the barony of Atherdee as aforesaid, or out of the forfeited lands of other counties in Ireland, to be appointed by the said commissioners, or such other as the Parliament shall authorize thereunto, at the same rates and with the same advantages, and in the way and maner as is prescribed for them that have their payment out of the ten fore-mentioned counties; and whereas it is found necessary, for the Satisfaction for arrears of forces disbanded. satisfaction of the arrears of those forces of the army in Ireland- who were lately disbanded, or are within short time to be disbanded, that several proportions of forfeited lands be set forth in several parts, other then in the aforesaid ten counties; that is to say, out of the province of Connaught, such of the forfeited lands beginning at the end of one statute mile round the town of Sligo, and so winging upon the sea-coast, not above four miles distant from the sea, as should satisfie part of the said forces; and out of the barony of Atherdee, in the county of Lowth, in the province of Leinster, and out of the baronies of Maghere, Stephany, and Clanowley, in the county of Farmanagh, in the province of Ulster, and out of the baronies of Farmoy du Hawley, Condons, Arrora, Carbery, Kilmote, Kilmolee, and Kilnocker, in the county of Cork, such other of the forfeited lands within the same, as should satisfie the rest of the said forces in the apportioning or distribution, of which care is to be taken that there is an assigning or alotment of lands as they lie together, without intervals.
Lands set out to the persons disbanded by the commissioners to be enjoyed.And that none shall pick or chuse as they lie dispersedly, or at distance one from another within the said baronies, be it therefore enacted, and it is hereby enacted by the authority aforesaid, that such forfeited lands in all or any the baronies or places aforesaid as are or shall be by the said commissioners in this act aforenamed, before the last day of February, one thousand six hundred fifty and three, set out, apportioned, and alotted to all and every the persons so disbanded, or that before the said last day of February, one thousand six hundred fifty and three, shall be disbanded, shall be by such disbanded forces and every of them, their heirs and assigns, held and enjoyed under such estates, tenures, and upon such conditions as are in this Act expressed for the adventurers, and the officers and soldiers of the standing army.
Provision for maimed soldiers and widows.And to the end that maimed soldiers and helpless or aged widows may have speedy satisfaction, in such places as may be secure and convenient for their habitation, be it enacted by the authority aforesaid, that the said commissioners of Parliament shall be and are hereby impowered to allot and set forth to maimed or impotent soldiers, and to helpless or aged widows and orphans who have arrears due to them in right of any soldier, or of any officer slain or dead in the service in Ireland, whose respective arrears exceedeth not one hundred and fifty pounds, such forfeited lands within the barony of Ymokilly, in the county of Cork, or the barony of Castleknock, in the county of Dublin, as shall satisfie their said respective arrears incurred unto them or their husbands, since the fifth of June, 1649, at the same rates and upon the same conditions as is allowed to the said adventurers, officers, and soldiers, and the lands so set out to them shall be by them, their heirs and assigns, held and enjoyed under the like estates and tenures, and upon like conditions as the said adventurers, officers, and soldiers, are by this Act to hold theirs.
Who shall have power to determine differences.And be it further enacted by the authority aforesaid, that if any difference shall arise or happen amongst the adventurers, or between any of them, or between them and the soldiers, or between them and those who shall be admitted to purchase lands, or between the soldiers or the purchasers, for or concerning the entring upon, possessing, and setling of their lands, according to the several proportions alotted or made over to them respectively; the said commissioners of Parliament shall be, and are hereby impowered and authorized by themselves, or such others as they shall appoint, to hear, examine, and finally conclude and end all such differences, that each may enjoy his and their proper right, according to the true intent and meaning of this Act; and such their determination shall be conclusive and binding to all intents and purposes.
For five years taxes not to exceed one-fourth part of the yearly value and profit of land and stock.And for the encouragement of the said adventurers, officers, and soldiers, the ease and benefit of the inhabitants already in Ireland, and the more speedy and effectual planting of the same, be it further enacted by the authority aforesaid, that the said adventurers, officers, and soldiers, and their and every of their heirs, assigns, and tenants, respectively, as also all other inhabitants, owners, occupiers, and tenants of land in Ireland, shall from and after the four and twentieth day of June, which shall be in the year one thousand six hundred fifty and four, for and during the space of five years then next coming, pay or be charged to pay for and in consideration of the said lands and stock thereon towards any publique charge, no more than one-fourth part, both for the landlord and tenant, of the true and full yearly value and profit After five years the assessments not to exceed the proportion in England. of their respective lands and stock thereon; and after the expiration of those five years, no more nor otherwise then what shall be assessed and rated for them to pay by Act, ordinance, or order of Parliament, and therein not to exceed the proportion of assessments which shall from time to time be imposed on the inhabitants of this Commonwealth residing in England.
Quit-rents remitted for five years.And for the further encouragement of the said adventurers, officers, and soldiers, and the more speedy and effectual planting of the said forfeited lands in Ireland, be it enacted and declared by the authority aforesaid, that all and every of the quit-rents charged or reserved upon the said forfeited lands by any former act or ordinance of Parliament, shall be and are hereby remitted for the term of five years, and the said adventurers, officers, and soldiers, or other persons who shall have any lands set out unto them by vertue of this Act, their heirs, executors, administrators, and assigns, shall be, and hereby are discharged and freed from any payment of any of the said quit-rents, for and during the said term of five years, to be computed immediately from and after the respective lands shall be set out or alotted unto them, and shall hold and enjoy their lands without any let, trouble incumbrance, or molestation whatsoever, for or in respect of the said quit-rents, for and during the term aforesaid, anything in any former act or ordinance of parliament to the contrary in any wise notwithstanding.
Restriction of this remittal.Provided nevertheless, and it is hereby declared and intended, that no person or persons whatsoever shall be capable of the said indulgence or remittal of the said quit-rents, unless such person or persons shall within twelve moneths next after the alotment of his or their proportion of lands, enter upon and begin to plant the same, by himself, servants, or tenants; and continue in the planting and improving thereof for the term of three years at last then next to come, after the expiration of the said twelve months. But in case any shall refuse or neglect so to do, the quit-rents reserved by any former act or ordinance as aforesaid, shall be, and hereby are continued chargeable upon such his or their proportions of the said forfeited lands; and all and every such person or persons shall be liable to pay the same, as if this act had never been made.
Adventurers and soldiers may purchase houses in cities and walled towns.And be it further enacted by the authority aforesaid, that the commissioners of Parliament aforesaid, shall, and are hereby authorized to admit the said adventurers, officers, and soldiers, to purchase any of the forfeited houses or messuages in any city or walled town within any of the ten counties aforementioned, for their security and habitation, paying for the same after the rate of six year's purchase, to be paid in ready money, as they are or shall be found by survey to be of present value to be let. Provided they purchase no more then one moiety of the houses within Proviso the cities of Limerick, Waterford, and town of Clonmel; and that they do make their purchase of the same at or before the twenty-fourth day of June, which shall be in the year one thousand six hundred fifty and five. And in the sale and disposal thereof the commissioners aforesaid are to have respect to the accommodation of both equally and indifferently, Saving of rights.saving unto every person and persons all his and their right, title, and interest, to any house or houses in any of the said cities and towns, that he or they were possessed of the twenty-fifth of March, one thousand six hundred fifty and three, by force and vertue of any Act, ordinance, or order of Parliament, or by order from the commissioners of Parliament, or any three or more of them, in pursuance of the powers given unto them by the Priviledges to Limerick, Waterford, and Clonmel.the late Parliament. And that the said cities of Limerick and Waterford, and town of Clonmel, shall have equal privileges, franchises, and immunities with the city of Bristol in England, and charters granted unto the inhabitants thereof under the great seal of England to that effect. And if any vacant places or waste grounds, heretofore belonging to the rebels, and now forfeited, Waste grounds in cities or towns may be granted to Protestants, provided they inclose and build habitable houses. shall be found within the walls of any of the said cities or towns, fit and convenient to be built on for habitation, or any other necessary accommodation, it shall and may be lawful for the said commissioners, or any two of them, to grant the same grounds in convenient proportions to such person or persons whatsoever, professing the Protestant religion, and to their heirs and assigns as shall become suitors for the same, without paying therefore any fine or other consideration. Provided that he or they inclose the said vacant places and waste grounds, and build thereupon habitable houses in good and substantial manner, as shall be thought fit and appointed by the said commissioners, within the space of three years next after the same shall be assigned and set out unto them.
Exemption from military employment for ten years.And for the better encouragement of the said adventurers, officers, and soldiers, be it further enacted by the authority aforesaid, that neither they, nor any of them, nor any of their tenants or servants residing upon any of the lands to be set out and allotted unto them in the said counties, save such as shall be under the pay of the Commonwealth, shall be put upon any military employments for the space of ten years next after their dividents and alotments of land made unto them as aforesaid, without their own consents, further or otherwise then to defend themselves and their own plantations against the enemies of the Commonwealth in those counties, cities, towns and places aforesaid; and in such case to be conducted and commanded by their own officers, chosen by themselves, and approved of by the said commissioners or commander-in-chief there of the forces of this Commonwealth for the time being.
Gross surveys.And whereas, for the more speedy and effectual setling the adventurers, officers, and soldiers, in the said forfeited lands, power is given by the commission, and instructions under the great seal, in this Act before-mentioned, for the taking and returning a gross survey of the said forfeited lands, as in and by the said commission and Persons possessed of more land than their proportion may buy the overplus or restore it. instructions is at large expressed and directed. Be it further enacted by the authority aforesaid, that in case the said adventurers, officers, or soldiers, or any of them, shall upon such gross survey be possessed of more land than is due unto them or any of them for their respective proportions, it shall be and hereby is made lawful for them or any of them, within the space of two years, from and after the twenty-fourth of June, which shall be in the year one thousand six hundred fifty and four, to purchase the overplus thereof from the said commissioners at three years' value, ready money, according to what it was let for, or worth to be let in the year one thousand Otherwise such lands to be resurveyed. six hundred and forty, or otherwise to restore the said overplus for the use and benefit of the Commonwealth. And in case the said adventurers, officers, or soldiers, or any of them, do forbear to purchase or restore the same for the space of the said two years, the said commissioners, or such as the parliament shall authorize thereunto, shall have power within the space of three years after the expiration of the said term of two years, and not afterward, to cause the same to be re-surveyed and measured, and in case that the said adventurers, officers, or soldiers, or any of them, shall, after the two years as aforesaid, be found possessed of more then is due unto him or them, the said commissioners, or other persons so Such overplus to be seized unless redeemed. authorized, shall have power to seize upon such overplus of the land of the said person or persons so in default, to and for the use of the Commonwealth, unless the said person or persons do redeem the same, by paying in ready money for the said overplus six years' purchase, according to the true value thereof in the year one thousand six hundred and forty. Provided that such seizure be made upon such part of the said lands If no re-survey in three years there shall be no further inquisition. as shall be to the least prejudice of his or their purchase. But if within the term of three years as aforesaid no re-survey and admeasurement shall be made, and overplus found, there shall be from thenceforward no further inquisition made, but the said lands possessed and held upon such gross survey as aforesaid, shall remain and be for ever in the possession of the said adventurers, officers, and soldiers, respectively, their heirs, executors, administrators, or assigns, who shall then hold and enjoy the same without any let, trouble, incumbrance, or molestation whatsoever, for or concerning any re-survey or overplus.
Protection to planters. And be it further enacted by the authority aforesaid, that all the adventurers, officers, and soldiers, who shall proceed to plant upon their several proportions and alotments of land so to be set out as aforesaid, unto them and their tenants respectively, shall have equal protection against the rebels and other enemies with other members of the Commonwealth of England inhabiting Ireland, and shall have and enjoy all grants, rights, immunities and privileges, which by any former acts or ordinances of parliament shall have been granted unto the adventurers for lands in Ireland, and not restrained by this act.
Provision for free schools and manufactures out of the overplus of forfeited lands in the aforesaid counties.And be it further enacted by the authority aforesaid, that in case there shall be found an overplus of the forfeited lands in the respective counties aforesaid, after the adventurers and soldiers are satisfied, the said commissioners of Parliament, or such others as shall be authorized thereunto, shall have power, and are hereby required to set forth and grant out of the same such a proportion of land, not exceeding the value of one thousand pounds yearly rent in any one county, for and towards the erecting and maintaining free schools, and for the setting up and maintaining manufactures in convenient places within those counties.
Who shall execute the powers for appointing maintenance for ministers, erecting corporations, and regulating plantations.And be it further enacted, that those powers and authorities which are mentioned in the third article of the first Act of Parliament, for the adventurers for lands in Ireland, for appointing of maintenance for preaching ministers, erecting of corporations, and regulating the several plantations, according to the intent and meaning both of the former Acts and ordinances, and in pursuance of this present Act, be and hereby are vested in the said commissioners of Parliament, or such others as shall be authorized thereunto, who are to execute the same Publique meeting-places, highways, and bridges.accordingly. And also to take order for the erecting of publique meeting-places for the worship of God, and for laying out highways of convenient breadth, and for building and repairing bridges for the ready passage of travellers and carriages from place to place throughout the country.
Estates setled according to lots, grants, &c.And to the end the said adventurers, officers, and soldiers, and other person or persons who shall have lands alotted, granted, or set out unto them by virtue of this Act, may be confirmed and setled in their respective shares, proportions, alotments, and purchases, be it enacted by the authority aforesaid, that all and every adventurer and adventurers having a certificate under the hands and seals of any five or more of the committee at Grocers' Hall aforementioned, whereby he or they are enabled and authorized to make their claims of lands in Ireland, respectively, according to the said order of the said council of state, dated the first of June, one thousand six hundred fifty and three. And all and every officer or soldier having (after the division made among the officers and soldiers) a certificate under the hands and seals of the commissioners of Parliament, or any two or more of them, and all other person or persons who shall become purchaser or purchasers of any houses or lands having a certificate or conveyance under the hands and seals of the commissioners of Parliament, or such others as shall be authorized thereunto, shall from and immediately after the setting out and particular alotting unto them their respective shares and proportions accordingly, and the due recording or registering thereof, with the publique register for the said lands, be and are hereby adjudged to be in the actual possession and seisin of all and every such houses and lands, with all things thereunto belonging, mentioned in his or their shares and alotments; and that he or they may then forthwith enter upon, have, hold, and enjoy the same to him or them, their heirs or assigns, for ever, respectively, to be held in free and common socage as of the Castle of Dublin, under the covenants and conditions reserved and made, or now reserved and made as by this Act is directed, limited, and appointed.
Adventurers excluded from the benefit of forfeitures of such as paid not in their moneys.And be it further enacted by this present Parliament, and the authority thereof, that all those adventurers for lands in Ireland, which shall partake of the privileges in this Act contained, shall be excluded the benefit of any forfeiture committed by any of the adventurers who have not paid in their monies according to the tenor of any former Act of Parliament, any clause in the former Acts or ordinances expressed in anywise notwithstanding.
Such as paid not in their full subscriptions may pay within three months.And all persons, corporations, or bodies politique, who have made default by nonpayment of their full subscriptions, shall have liberty to pay to Thomas Andrews, alderman of the City of London, so much money as may fill up and satisfie his or their former subscriptions, or such a part as may not be of a lesser proportion then was formerly paid by him or them in the year one thousand six hundred forty and two, and the receipts of the said Thomas Andrews given in that behalf, which he is hereby authorized to give, shall be admitted by the committee at Grocers' Hall, and their certificate thereupon, which they are also authorized to give, shall be a sufficient warrant to him or them so paying, to make claim for so much land as the money now paid being added to the former payment, amounteth unto upon any former Acts or this present Act of Parliament; always provided Such as are poor shall be admitted for so much as they paid in.the same be paid within three months after the publishing of this Act. And all other adventurers, who have not brought in their moneys, according to their former subscriptions, being now poor and unable to pay in the rest of their adventure, and shall be so adjudged and certified by three justices of the peace, in the respective counties and cities wherein they live (which certificate the said justices are hereby authorized to give under their hands and seals). That certificate, with their former receipts under the treasurer's hand, shall be admitted by the committee of Grocers' Hall, and their certificate thereupon, which they are hereby authorized to give, shall be a sufficient warrant to such poor person or persons to make claim for so much land in Ireland as the money he or they at first advanced shall amount unto upon any former or this present Act, without any other additional payment in money, which said claim shall be allowed of accordingly, and satisfaction be made in land, in like manner as is appointed for the rest of the adventurers, and shall be enjoyed accordingly. And what money shall be brought into the treasury hereupon shall be disbursed for surveying the lands, and defraying other necessary charges in setling the said plantations in such manner as the Parliament shall direct and appoint.
How the rest of the forfeited houses and lands shall be disposed of.And be it further enacted by the authority aforesaid, that all other the houses and lands of the rebels in Ireland, and all the lands forfeited by virtue of the before-mentioned Acts of Parliament, with their and every of their appurtenances, scituate, lying, and being within all the several provinces and counties of Ireland, except such as are in this Act hereafter excepted, shall be set forth and disposed of by the said For the arrears of the present army in Ireland, due since the fifth of June, 1649. commissioners for the uses and purposes hereafter expressed, that is to say, for and towards the satisfaction of such arrears of pay of the officers and soldiers, and others of the present army in Ireland, as became due since the fifth day of June, one thousand six hundred forty and nine, for their service in Ireland, or before that time for their service in England, as aforesaid, which shall not be satisfied and paid out of the forfeited houses and lands, within the ten counties formerly by this Act appointed, whose satisfaction out of the same is to be at the same rates and with the same advantages as are allowed to those that have their payment out of the before-mentioned ten counties; and after satisfaction made as aforesaid, the remainder of the said forfeited houses and lands shall be set forth and disposed of at the rates hereafter expressed, for the Arrears for that time. satisfaction of other arrears and debts hereafter mentioned; that is to say, for the satisfaction of all other the arrears of the said officers and soldiers of the present army in Ireland, which became due before the fifth day of June, one thousand six hundred forty-nine, for their service in Ireland not otherwise satisfied. Arrears for service in England or Ireland, how to be stated.And the arrears of any other officers or soldiers that served the Parliament in England or Ireland, and have continued faithful to the Parliament, for their service done in England or Ireland, which arrears for service done in Ireland, are to be stated by the commissioners for accounts in Ireland, according to the rules and directions to them given in an Act of the late Parliament, entituled, "An Act for stating and determining the accounts of such officers and soldiers as are and have been employed in the service of this Commonwealth in Ireland;" and the arrears for service done in England, not being already stated, are to be stated by such persons and in such manner as the Parliament shall hereafter direct; and debentures are to be taken forth accordingly, upon which the said commissioners of Parliament are to set out and make over to them, their heirs, executors, or administrators, proportions of forfeited lands, at such rates and upon such conditions as is hereafter mentioned, for those who have publique debts due to them.
Moneys lent.And likewise the said remainder of the said forfeited lands is to be set out and disposed of for the just satisfaction of all such persons, their executors, administrators, or assigns, bodies politique or corporate, as have lent monies upon the publique faith; and of all such persons as by order of the lords justices and council of Ireland, did, before the cessation made with the rebels of Ireland by the Earl of Ormond, on the fifteenth day of September, Provisions. in the year one thousand six hundred forty and three, deliver for the use of the Parliament's army there, any moneys, arms, ammunition, victuals, clothes, or other provisions, for which they received bonds from the said lords justices and council, or some of them, or bills of exchange, or letters of that nature, or warrants from the lords justices and council, to receive satisfaction for the same from the Parliament, or from the treasury then in England, or who furnished any money, commodities, provisions, or supplies of any kind, to or for the use of the forces under Colonel Michael Jones, Sir Charles Coot, or Colonel George Monck, in the Parliament's service, or for the use of the Parliament's forces in the province of Munster, before the revolt from the Parliament, or for the maintenance of the forces in the town of Drogheda, when it was besieged by the rebels in the year one thousand six hundred forty and one, or who by commission set out, manned, or maintained any ships or vessels for opposing and suppressing the said Irish rebels, and have good warrants, certificates, receipts, attestations, or vouchers, to make the same appear, and of all such persons who have made Debts made appear. their debts to appear unto the Parliament, the council of state, or any committee of Parliament in a preparatory way for a report to be made to the Parliament for their satisfaction, or unto any other persons authorized by the Parliament to take Moneys or commodities advanced by authority of Parliament or for which payment is ordered. knowledge of and allow those debts, or who did advance money, or furnish any commodities by order of Parliament, or of any committee of Parliament, authorized in that behalf, for the service of Ireland; or have procured any Act, ordinance, or order of Parliament, or any committee of Parliament thereunto authorized, for payment to be made unto them; they and every of the said person or persons, their executors, administrators, or assigns, to whom all or any such debts as aforesaid do belong, making oath before the committee at Grocers' Hall in this Act mentioned (who are hereby authorized to administer the same, and thereupon to give a certificate thereof under the hands and seals of any five or more of them), or before the commissioners of Parliament, or commissioners for accounts in Ireland, expressly deposing that satisfaction hath not been made for the same, or any part thereof now demanded to be satisfied in land; and the said person or persons to whom such debts were or shall be respectively due, not having So as the debts have not been forfeited. by their or any of their delinquencies forfeited the same, their said debts shall be taken notice of, examined and stated by the aforesaid commissioners for accounts in Ireland, who are hereby authorized accordingly to state the same upon the said vouchers and oaths, using therein the strictest enquiry they can make to discover the truth of such debts, certificates, and vouchers, for which they are hereby authorized to administer an oath or oaths as they shall see cause; and having taken in their said vouchers, and transmitted them to the register for debentures, in like manner as they are by the Act for stating and determining the accounts of the soldiery appointed to do for those certificates, bills, or vouchers, upon which soldiers' accounts are to be stated, they are to give forth certificates or Lands to be seth forth. debentures under their hands and seals of what sums they find so to be due unto the said persons or any of them; and such their certificates being allowed by the commissioners of Parliament, they, the said commissioners of Parliament, are thereupon to set forth and make over unto them, their respective heirs, executors, or administrators, lands for the same, at the rate of four years' purchase for unplanted Rates. lands, and six years' purchase for planted or tenanted lands, the same to be set out by survey to be taken upon oath, in which the houses, buildings, and timber are to be valued, and the lands rated as they were let for, or were worthy to be let in the year one thousand six hundred and forty. Tenure.And the said lands and premises so set out to them or any of them are to be held and enjoyed by them in free and common socage, in like manner as the adventurers, officers, and soldiers are to hold their lands, and under such covenants and conditions as in this Act are prescribed for them, the said adventurers, and soldiers. Forfeitures for false bills, &c.Provided always, and be it enacted, that if any person or persons shall make, procure, or produce any false bill, certificate, or voucher, or shall make any false oath, to the prejudice of the Commonwealth, for or concerning any such debt, upon discovery and due conviction of the same, every such offender shall not only forfeit all arrears and debts due unto him or them (if any remain due at the time of the discovery), but shall be liable to imprisonment and sequestration of his or their estates to the use of the Commonwealth.
Mines excepted.Provided that all and every the mines of silver and gold in and upon any of the said forfeited lands disposable by this Act, be reserved and exempted from sale, to be kept for the best advantage of the Commonwealth; and that all dues and rights payable out of any other mines be still paid and continued to the use of the publique, according to the laws and statutes in that behalf.
Protestants may purchase or farm houses or lands.And be it further enacted and declared by this present Parliament, and the authority of the same, that it shall and may be lawful for all persons of what nation soever, professing the Protestant religion, to purchase or take to farm any of the aforesaid forfeited houses and lands in Ireland so set out, allotted, sold, demised or otherwise disposed of, or any other the forfeited lands in Ireland, not hereby disposed of, and to inhabit, dwell, and plant in and upon them or any of them, and in any of the counties, cities, or towns mentioned in this Act, to be peopled, inhabited, and dwelt in; Privileges. and that all and every such person and persons shall have and enjoy all rights, priviledges, freedoms, and immunities which belong unto, or may lawfully be claimed by Protestants, natives of this Commonwealth, both in England and Ireland.
Liberty to transport horses, corn, tools, &c.And be it enacted by the authority aforesaid, that every person which shall have any part of the said lands so to be divided and alotted as aforesaid, shall and may export out of England or Wales any horses, mares, cattle, sheep, corn, materials, tools, instruments for building, and household stuff, for the planting, improving and flocking of the said lands, or any part thereof, at any time during the space of three years, to be accompted from such division and alotment to be made as aforesaid, without paying any custom, subsidy, or impost for the same; the owners of the goods and masters of the ships in which they shall be from time to time transported giving security to the officers of the respective ports, by such bonds, and in such sort as by former laws and statutes is provided for those that ship and carry goods from port to port in England; provided that Ports from whence such transportation shall be. such sheep, horses, and mares be transported from one of the ports here-after named; that is to say, from Padstow, Barnstable, Ilford-Comb, Minehead, Bristol, Milford-Haven, Westchester, Leverpool, Whitehaven, Wyre, Hollyhead, Swanzey, or Beaumorris, and from no other port whatsoever.
None may sell or alien to persons within the qualifications in a former Act.Provided always, and be it hereby declared and enacted, that no adventurer, soldier, or purchaser, who shall be possessed of any forfeited houses or lands by virtue of this Act, or any other person buying, purchasing, or holding houses or lands from or under any of them, shall sell or alien any part or parcel of such houses or lands unto any person or persons who are comprehended in the 12th August, 1652. Penalties. qualifications of the Act of Parliament, entituled, an Act for the setling of Ireland, under the penalty of forfeiture of so much of the said houses and lands as they shall so sell or alien, to the use of the Commonwealth. And that whosoever shall let, set, or grant by lease, directly or indirectly, any of the said forfeited houses and lands to any person or persons comprehended in the qualifications of the said Act, entituled "An Act for the setling of Ireland," shall pay towards the pay of the army there, and other publique charges, the one-half of the yearly revenue or value of the said houses or lands to let, set or granted by lease to any such person or persons.
Castles, citadels, forts, blockhouses, &c., exempted from sale.Provided always that this Act, or anything therein contained, shall not extend to the alotment, sale, or other disposition of any of the castles, citadels, forts, bulworks, rampiers, block-houses, or other places of defence in any of the towns, counties, or provinces in Ireland, which are or shall be within six moneths after the publication of this Act, judged and declared by the Parliament, commissioners of Parliament, or commander-in-chief in Ireland, to be fit and meet to be reserved, used, and disposed of for the publique safety of the land, and the service of Houses and lands in Dublin, Cork, Kildare, and Caterlagh, reserved. the Commonwealth; nor to the alotment, sale, or other disposition of any of the forfeited houses or lands as aforesaid, in any of the counties of Dublin, Cork, Kildare, or Caterlagh, except onely of such manors, lands, tenements, and hereditaments; or manors, lands, tenements, and hereditaments to such value in those Lands given or granted by Act or ordinance of Parliament. counties as have been given, or granted unto, or setled upon, or intended or ordered to be given or granted unto, or settled upon any person or persons, their heirs or assigns, by any Act, ordinance, or order of Parliament or by the last article of the further instructions of the council of State, or as are particularly before in this Act disposed or appointed for the disbanded forces, widows, or orphans, in this Act before mentioned; all and every of which said manors, lands, tenements, and hereditaments, or manors, lands, tenements, and hereditaments to such value as have been given, granted, or setled, or intended to be given, granted, or setled as aforesaid, which are before in this Act disposed or appointed for the said disbanded forces, widows, or orphans; or as have been assigned or ordered by any Act, ordinance, or order of Parliament for satisfaction of debt, either in the said counties of Dublin, Cork, Kildare, or Caterlagh, or in any other the counties or provinces of Ireland; Grants on the propositions by the Lord Deputy Ireton. and also all grants, priviledges, and immunities made and given by the commissioners of Parliament in Ireland upon the propositions of the late Lord Deputy Ireton for the planting of Waterford (confirmed by the late Parliament), and to the present tenant or tenants of the island called the Little Island, in the river of Waterford, shall be and are hereby confirmed to them, their heirs and assignes, respectively, according to the true intent and meaning of such Acts, ordinances, orders, instructions, and grants, as aforesaid; any thing in this present Act, or in the former Acts or ordinances for the adventurers for lands in Ireland, to the contrary in any wise notwithstanding.
Persons employed herein not to be purchasers.Provided always and be it hereby declared, that no surveyor-general, register, under-surveyor, or any other person imployed in the execution of this service, his or their childe or children, during the time of their imployment, or any in trust for him or them, shall be admitted directly or indirectly to be a purchaser of any part of the lands to be surveyed, upon pain that the purchase be void unless that they do first acquaint the commissioners of Parliament with their desires, and obtain license from them for the same.
Such shall have lands set out for arrears of publique debts.Provided always, that if any of the aforesaid persons to be imployed by this Act, their childe or children, heirs or executors, have arreares or publique debts due unto them from the Parliament which shall be allowed of as aforesaid, that the commissioners of Parliament be, and are hereby authorized to lay out and make over lands for their satisfaction in such manner and at such rates as are appointed by this present Act for other arrears or debts of the same nature.
Lands in Connaught and Clare, except Sligo, reserved.Provided always, that this Act, or anything therein contained, do not extend unto the forfeited lands in the province of Connaught and the county of Clare, nor any part thereof, for the ends and purposes aforesaid; except the lands about Sligo, and upon the sea-coast in this Act before-mentioned, to be assigned and set apart for the said forces lately disbanded, but that the said forfeited lands within the said province and county except as aforesaid, shall be and hereby are reserved and appointed for the habitation of all the Irish nation, comprehending in the qualifications mentioned in the Act, entituled, "An Act for setling Ireland," and for other the ends and uses specified and appointed in the foresaid further instructions from the council of state to the said commissioners, who are to dispose of the same accordingly.
Commissioners may direct transplantation before the claims determined.Provided also, that in case the said commissioners of Parliament shall finde it inconvenient or dilatory to proceed in the first place to the ascertaining of titles and distinguishing of persons, according to the qualifications mentioned in the said Act for the setling of Ireland, before transporting the Irish, it shall and may be lawful for the said commissioners to order and direct the transplanting of the said Irish, although their claims be not first determined, or their qualifications distinguished: any thing in this Act, or any the aforesaid instructions to the contrary notwithstanding.
Lands to be set out in such case by estimation.And that it shall and may be lawful for the said commissioners of Parliament to set out unto such of the said Irish, whose claims shall not be timely determined, lands in Connaught, which by estimation may be proportionable to the estate so by them claimed, or competent to such stock, as each of the said persons shall have to occupy the said lands withal as the said commissioners shall think fit, and afterwards to determine their respective claims, and to put them into possession of lands accordingly.
Lands to inhabitants of Glocester.And be it further enacted by the authority aforesaid, that in consideration of the losses sustained by Anthony Edwards, one of the aldermen of the city of Glocester, and Thomas Whitcomb of the said city, and many others named in a list delivered in to the committee of the late Parliament for Irish affairs (by suffering their houses voluntarily to be burned, and their goods and lands destroyed for the service of the Parliament, before the late siege of the said city of Glocester by the late King's forces), such part and share of the said forfeited lands as shall be valued at ten thousand pounds, according to the rates set upon those lands appointed by this Act to be set forth unto the adventurers for Irish lands, be set forth and sufficiently conveyed unto the said Anthony Edwards, Thomas Whitcomb, and their heirs, in trust for the use of themselves and all others named in the said list, to be divided amongst them or their heirs, executors, administrators, or assignes, of them, or any of them, respectively, according to their several and respective losses and sufferings mentioned in the said list.
Land to the town of Leverpool.And be it further enacted, that in consideration of the great losses of the town of Leverpool, the commissioners of Parliament in Ireland shall set forth and appoint so much lands as amounts to the value of ten thousand pounds (according to the rates that the debts due upon the publique faith are appointed to be satisfied by this Act), for the use and benefit of the said town, and their successors for ever.
To Richard Nethowey.And be it further enacted by the authority aforesaid, that the commissioners of the Parliament in Ireland be, and they are hereby authorized and required to set out lands to the value of five hundred pounds of the aforesaid forfeited lands unto Richard Nethowey, of the city of Bristol, brewer, or his assignes, according to the rules and directions in this Act for satisfying the publique faith, and to put the said Richard Nethowey, his heirs or assigns, into the possession thereof, to be enjoyed by him, the said Richard Nethowey, his heirs or assigns accordingly.
Arrears to Colonel Hewson.Provided always, that the commander-in-chief and commissioners of Parliament in Ireland do cause the arrears of Colonel John Hewson, Governor of Dublin, for his service in Ireland, to be stated and set out unto him (in satisfaction for the arrears due to him for his service in England and Ireland, according to the rates in this Act mentioned) lands in some convenient place contiguous to his said command, anything in this Act to the contrary notwithstanding.
To John Cook.Provided also, and be it enacted, that this Act shall not extend to the dwelling-house of John Cook, one of the justices for the province of Munster, in Ireland, situate in the city of Waterford; nor to the farm of Kilbarry, being two plowlands and an half, lying within the liberty of the said city; nor to the farm of Barnhaley, in the county of Cork, being three plowlands, which are in the possession of the said Justice Cook, which house, farms, and lands, with their appurtenances, are hereby settled upon the said John Cook, and his heirs for ever, for his good and faithful services in Ireland, and in lieu of all arrears of pension due unto him for the same.
Confirmed, 1656.Cap. 10.
II.
The Order of the Council of State confirmed by this Act.
Order of the council confirmed by this Act.Whereas divers of the inhabitants of this Commonwealth did, in the year one thousand six hundred forty and two, and since, issue forth considerable sums of money, by way of adventure, for lands forfeited in Ireland (upon the late rebellion), according to sundry Acts and ordinances of Parliament, granted in that behalf, in pursuance whereof, and that every adventurer may receive satisfaction by lot, where his divident of land shall be, it is therefore ordered by the council of state, that Methusalah Turner, of Cheapside, London, linen-draper; Robert Hammon, of Broad-street, London, merchant; Henry Brandriff, of Walbrook, London, merchant; Nathanael Manton, of Ironmonger-lane, London, merchant; Elias Roberts, of Broad-street, London, merchant; Doctor Hubbard, of, Doctor of; Francis Blomer, of, Esquire; Colonel George Gill, and Lieutenant-Colonel Fenton, or any five or more of them, be intrusted, and are hereby authorized, to examine the truth of all men's claims, by comparing their receipts and assignments with the original books, and shall cause an entry to be made in a book, fairly written and kept for that purpose, of all and every such sum and sums of money (in words, and not in figures) as shall be by them allowed; as also of the names, as well of the first adventurers as of the person or persons now claiming the same; and shall likewise cause a transcript of the said original books to be written, and therein make from time to time, as they shall allow of any sum, a memorandum upon the sum so by them allowed, and there entered, that the same is allowed, to the end the same may not be again charged. And the said committee, or any five or more of them, after the claims are cleared, shall contrive and appoint such a method for the management of all men's lots, as to their utmost skill shall be most free from all offence and just exception.
And to the end all adventurers for lands in Ireland may have knowledge and take notice hereof, it is further ordered, that in Grocers' Hall, London, upon the twentieth day of July next ensuing, being in the year of our Lord one thousand six hundred fifty-three, by eight of the clock, in the morning, this lottery shall begin. And the said committee, or any five or more of them, are further ordered to admit so many adventurers to join in one and the same lot as shall desire it, provided no one lot exceed ten thousand pounds; and no more lots for the province of Munster then shall amount unto one hundred and ten thousand pounds: for the province of Leinster, two hundred and five thousand pounds; for the province of Ulster, forty-five thousand pounds, accompting all moneys as doubled brought in upon the ordinances of the fourteenth of July, one thousand six hundred forty-three, and the thirteenth of November, one thousand six hundred forty-seven, to make up the said sums; and in the second alotment for counties, no one lot to exceed five thousand pounds, and no more lots for the county of Waterford then shall amount unto twenty thousand pounds: for the county of Limerick, thirty thousand pounds; for the county of Tipperary, threescore thousand pounds; for the county of Eastmeath, fifty and five thousand pounds; for the county of Westmeath, threescore and ten thousand pounds; for the King's County, forty thousand pounds; for the Queen's County, forty thousand pounds; for the county of Antrim, fifteen thousand pounds; for the county of Down, fifteen thousand pounds; for the county of Armagh, fifteen thousand pounds; and after alotment is so made, to ascertain what quantity of land is due to each of the said adventurers, according to the rates for the respective provinces mentioned in the Act of Parliament in that behalf, and the measure allowed by the said respective Acts and ordinances within which such adventurer comes. But for avoiding the inconveniences that may arise from observing English and Irish measure, in the surveying and setting forth of the said lands, and that nevertheless the adventurers to whom it doth belong may have the benefit of Irish measure, it is ordered, that for such of the adventurers as have a right thereunto, the said committee shall compute and set down how many acres, English measure, such adventurer's proportion in Irish measure doth amount unto; and shall accordingly give unto each of the said adventurers a certificate, what number of acres (according to English measure) is due to him, either by force of the said Act, or in lieu and satisfaction of his proportion of acres, Irish measure, according to the said former Acts and ordinances; which certificate, under the hands and seals of any five or more of the aforesaid committee, shall be a sufficient warrant for every adventurer receiving the same to make his claim in Ireland. And the said committee shall cause an entry to be made in a book for that purpose of all and every certificate and certificates which they shall give to any person or persons, expressing the sum in words, and not in figures, the name of the first adventurer, and of the person to whom such certificate shall be given, together with the proportion of lands due to him, as the same shall be contained in the said certificate; and shall cause a transcript thereof in a parchment-roll to be made and transmitted into the Chamber of London, there to remain as a publique record.
Provided always, the right of election for provinces, in the manner of alotment, be preserved unto such as have or shall claim the same, upon the ordinances of the fourteenth of July, one thousand six hundred forty and three, and the thirteenth of November, one thousand six hundred forty and seven.
And it is further ordered, that the said committee be authorized to receive one penny upon the pound of and for every adventurer, for so much land as he shall be entitled or lay claim unto, towards the defraying of all incident charges here for carrying on this service.
III.
The Commission with Instructions confirmed by this Act.
The Commission.The keepers of the liberty of England, by authority of Parliament, to our trusty and well-beloved Charles Fleetwood, Esq., Lieutenant-General of the Army in Ireland, Edward 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 politique and corporate, to pay in divers considerable sums of money by way of adventure towards the suppression of the said rebellion, Ihat is to say, one Act, entituled, "An Act for the speedy and effectual reducing of the Rebels in His Majestie's Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England." And one other Act, entituled, "An Act for adding unto and explaining of certain Clauses in another Act made this Parliament, entituled, 'An Act for the speedy and effectual reducing of the Rebels in His Majestie's Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England'." And one other Act, entituled, "An Act to enable Corporations and Bodies Politique to participate of the benefit of an Act lately passed, entituled, 'An Act for the speedy and effectual reducing of the Rebels in His Majestie's Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England'." And one other Act, entituled, "An Act for the further Advancement of an effectual and speedy Reduction of the Rebels 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, entituled, "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 thirteenth of November, one thousand six hundred forty and seven. Upon which several Acts and ordinances great sums of money have been subscribed and paid in to the respective treasurers therein named, 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 soldiers who have been imployed in reducing the said rebels, 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, soldiers, and other persons aforesaid, as soon as possible may be, and that countrey of Ireland planted and setled 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 admeasurement of all and every the honors, baronies, castles, manors, lands, tenements, and hereditaments, forfeited by force or vertue of all or any of the said Acts; and also of all and every the honors, baronies, castles, manors, 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 archbishop, bishop, dean, dean and chapter, or other office belonging to that hierarchy in right of the archbishoprick, 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 and appoint such fit and able persons to be surveyors-general, and also to approve or reject, as you shall finde 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 imployment) 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 to 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 administred, and to administer an oath in such other cases as are hereby appointed; and to appoint such and so many clerks and other officers onely 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 publique revenues of Ireland, &c., in such maner 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.
IV.
The Instructions.
The Instructions.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 days at the least before the setting forth of any of 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 rebels in Ireland, or any of 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 days 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 authorized 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 entered in 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 honors, 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 vertue 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, arrable, and profitable pasture belonging to each of the said honors, baronies, castles, manors, lands, and tenements respectively, to be admeasured and set forth, so as the same may be certainly and distinctly known from other lands there, by their qualities, quantities, names, scituation, 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 lye and be within the respective counties of Limerick, Tipperary, and Waterford, in the province of Munster; the King's County, the Queen's County, the counties of Eastmeath and Westmeath, in the province of Leinster; the counties of Down, Antrim, and Armagh, in the province of Ulster; and to divide all the forfeited lands, meadow, arrable 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 Slane in the county of Eastmeath) into two equal moyeties, 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 honors, baronies, castles, lands, tenements, and hereditaments, each moyety did contain.
You shall likewise give instructions to the said surveyors-general, and the under-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 lye 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 accompt, that the said under-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 under-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 under-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 enquire and find out all and every the honors, baronies, castles, manors, messuages, 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 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 enquire and survey what timber, buildings, open quarries, and mines are upon the premises, and to make true particular surveys of their proceedings.
The surveyors shall also, in like maner, and by the like ways and means, examine and finde out all such honors, 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 appurtenances thereunto belonging, and return the same in distinct surveys by themselves, together with the true yearly value thereof, in the year one thousand six hundred and forty.
They shall also, by the like ways and means, examine and find out all honors, baronies, castles, and manors, lands, tenements, rents, or other hereditaments, lately belonging to any archbishop, bishops, deans, dean and chapter, or other officers belonging to that hierarchy in Ireland, in the right of his archbishoprick, bishoprick, 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 under-surveyors 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 then such as have interest or title to the lands in question, whom they presume can inform them in the premises.
The said under-surveyors 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 under-surveyors, shall peruse them with diligence, and if they finde 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 under-surveyors, and certifie them the causes of their exceptions, who shall thereupon forthwith examine the truth thereof, and amend the same, or certifie the cause why they cannot do it.
The surveyors-general shall have power to certifie 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 and 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 aflfection, malice, reward, or gift, or hopes of reward or gift, break the same."
The Oath of the Under-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 or 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 leiger-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 publique place or house within the city of Dublin, for the surveyors-general and 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 publique faith.
You are hereby impowered to allow unto such clerks and other officers as you shall finde necessary to be allowed to the said surveyors-general and register, for making out, entering, or transcribing surveys, particulars, contracts, journal-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 publique revenue of Ireland.
The surveyors-general, register, under-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 anything in relation to his or their office or imployment 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, soldiers, and officers should be satisfyed, and Ireland planted with as much expedition as may be, you are to consider and advise whether by any other way or means then is before in and by these instructions prescribed, with less expence, and in a shorter time, a gross survey may be taken of the several honors, baronies, manors, lands, or tenements, so forfeited as aforesaid, so as there may be some certainty as to what honors, baronies, manors, lands, tenements, and hereditaments are forfeited, and an estimate made what quantity of meadow, arrable, and profitable pasture, and what woods, bogs, and barren mountains are belonging to each of them respectively, that thereby way may be made for alotments between the adventurers and the said soldiers and officers; and afterwards, upon the division or alotment of each person's respective proportion, or in some convenient time after, a more exact admeasurement may be made. And in case you shall finde the same may be effected, you are hereby authorized and required to take such speedy course therein (without proceeding by the way of under-surveyors hereinbefore prescribed), as you shall judge most expedient and effectual to lessen the charge and shorten the work. And you are impowered to employ therein such and so many persons, and to allow them such salaries and recompence, to be paid in such maner, 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 honor, barony, manor, lands, or tenements, and of the quantity and number of acres of meadow, arrable, 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 adjoyning 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, arrable, and profitable pasture, is in such survey or estimate mentioned to belong to such honor, barony, manor, 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 same eleven counties, be sent over unto Mr. Methusalah Turner, Robert Hammond, and others, appointed a 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 supream authority of this nation), and afterwards from the said supream authority, or others authorized by them on that behalf.
Whereas an Act of Parliament was made the twelfth day of August, one thousand six hundred fifty-two, entituled, "An Act for the Setling 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 lyable 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 favor intended unto him by the said Act. You are hereby authorized 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, are hereby authorized and impowered to examine witnesses upon oath for charging or clearing 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 in 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 honors, manors, lands, tenements, or hereditaments in Ireland, given or granted since the first day of November, in the year one thousand six hundred forty-one, by any Act, ordinance, or order of Parliament, to any person or persons whatsoever, or unto their heirs or assigns; nor to the manor of Blarny, in the county of Cork, with the lands, tenements, and hereditaments thereupon 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, and forasmuch as the surveying and dividing the ten counties aforesaid, and the determining the lots between the adventurers and soldiers touching the same, must necessarily be perfected before the soldiers 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 Commonwealth in case such disbanding should be so long delayed. And it being evident that if the soldiers should be disbanded before they can receive satisfaction for their arrears, they would be exposed to great extremity, if not to utter ruine. To the end therefore such officers and soldiers as shall be so disbanded, may, immediately upon their disbanding, receive such proportions of land as may satisfie the arrears grown due unto them since the fifth of June, one thousand six hundred forty-nine, and be put into a way of planting, and the better enabled to subsist. You are hereby authorized 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 Ireland as you shall think fit (other then the counties of Dublin, Kildare, and Caterlaugh, in the province of Leinster, and Cork in the province of Munster, and other then 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 soldiers 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 satisfie the arrears due as aforesaid to such officer and soldier respectively, at the values 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 Leinster, 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 arrable, meadow, and profitable pasture, set forth unto him for his arrears, by estimation as aforesaid, so deciphered and distinguished by the quantities, qualities, names, scituation, barony, manor, 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 vertue thereof do contain a greater number of acres then 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, as aforesaid, and is there seated, and desires to retain the same, you are hereby impowered and authorized to contract with such officer and officers, soldier or soldiers, for houses and lands, with the appurtenances contained in such custodium, at such rates and values as you shall think fit 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 then the arrears so due to such officer or soldier, then such remainder of the purchase-money shall be paid in to the publique treasury of Ireland for the use of the Commonwealth, and that such officer and officers, soldier and soldiers, 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.
V.
The further Instructions confirmed by this Act.
Further Instructions.You are hereby authorized and required either by proclamation or otherwise, as you shall think fit, to publish and declare, that for the better security of all those parts of Ireland which are now intended to be planted with English and Protestants, and to the end that all persons in Ireland who have right to articles, or to any favor and mercy held forth by any the qualifications in the Act of Parliament, entituled, "An Act for Setling of Ireland," may enjoy the benefit intended unto them, and every of them respectively. By the said Act it is thought fit and resolved, that all and every the persons aforesaid shall, before the first day of May, which shall be in the year one thousand six hundred fifty-four, remove and transplant themselves into the province of Connaught, and the county of Clare, or one of them, there to inhabit and abide; and shall have set forth unto them and every of them respectively, such proportions of land, and for such estates or terms, and under such conditions, reservations, and covenants, as shall be answerable in value unto so much of his and their estates as by such articles or qualification respectively he or they were to enjoy, in such place and maner as you, or such as shall be authorized by you, shall appoint and direct. And that whatsoever person or persons aforesaid shall, after the said first day of May, one thousand six hundred fifty and four, be found inhabiting or remaining in any part of the provinces of Leinster, Munster, or Ulster (except in the said county of Clare), or (without a pass from you, or any one of you, or under the hand and seal of such person or persons as shall be authorized by you to that purpose), travelling in any of the said provinces (except the said county of Clare), he and they shall be reputed spies and enemies, and shall for the same offence suffer death. And that all, and every person and persons aforesaid, who shall at or before the first day of May, one thousand six hundred fifty-four, quietly and peaceably remove into the said province of Connaught, or county of Clare, shall be pardoned all offences (except all and every person and persons, both principal and accessaries, who, since the first day of October, one thousand six hundred forty and one, have, or shall kill or 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 ofiicers or private soldiers for and on the behalf of the English against the Irish; and all and every person and persons, both principal and accessaries, who, since the first day of October, one thousand six hundred forty and one, have killed, slain, or otherwise destroyed any person or persons entertained or 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 publiquely entertained and maintained in arms as officers or private soldiers under the command and pay of the Irish against the English), and shall be no more molested for the same.
Provided that none of the persons aforesaid shall be admitted to live in, or enter into any port, town, or garrison, within the said province of Connaught, or county of Clare (without license from you or any one of you, or such person or persons as you shall authorize thereunto), nor shall have or keep any arms used in war, or ammunition; but that all and every person and persons offending in either of the premises shall be tried by martial law, and, being convicted, shall suffer death.
Provided also, that this shall not extend to the pardoning, tolerating, or admitting any Popish priest, Jesuit, or other person in orders by authority from the see of Rome.
Provided also, that this shall not extend to the removal of any person who did not adhere unto, or joyn with the rebels before the fifteenth day of September, one thousand six hundred forty-three, and who did at that time and ever since profess the Protestant religion; nor to any woman who, before the second day of December, one thousand six hundred and fifty, was married to any English Protestant; provided that such woman do renounce Popery, and profess the Protestant religion; nor to any male childe or children under the age of fourteen years, and females under the age of twelve years, whom any of the English have already, or shall be willing hereafter to entertain as servants, and to instruct and train up in the true Protestant religion, which said persons and children shall be suffered to live in any of the places alotted for the habitation of the English.
And you are further to declare, that in case any person or persons of the English nation, or any other person or persons professing the Protestant religion, and hath, during the late wars in Ireland, constantly adhered to the English against the rebels, who hath or have land within the said province of Connaught, or county of Clare, and hath not forfeited the same by rebellion or delinquency, shall desire to exchange the same or any part thereof, or remove themselves into such counties or provinces as are inhabited by the English; that just surveys shall be taken of the lands and estates of such person and persons, and so much, or the value thereof, shall be set out unto them in lieu thereof, out of the forfeited lands in some other province or county, as shall be thought fit.
2. You are hereby authorized and impowered to nominate commissioners, and to authorize them to alot unto any person or persons who, by articles granted unto them, or by vertue of the qualifications in the said Act, were to enjoy any part of their estates, a like proportion of land by measure or in value in the province of Connaught, or the county of Clare, of the like estate of inheritance or freehold, or for the like term of years or number of lives, to be by them held and enjoyed in lieu or satisfaction of such part of their estate, which by such articles or qualifications he or they were to enjoy. And also to grant unto such of the said persons, or others as you shall think fit to be leaseholders from the Commonwealth, such convenient parcels of land in the said province of Connaught, or county of Clare, as by the said commissioners shall be judged fit, for any term not exceeding one and twenty years, or three lives, reserving to the use of the Commonwealth, upon every such demise, such reasonable rents, as with respect to the value of the said lands in the year one thousand six hundred and forty, shall be by you thought fit.
3. You are hereby authorized to give order and direction for the speedy removal of all or any the persons aforesaid unto the lands so alotted unto them, in such numbers and proportions as may consist with safety and security of the rest of the inhabitants, so as all the said persons be so removed before the first day of May, one thousand six hundred fifty-four, and within two months after the respective alotments so made, and directions given them by you, to take the same into possession.
4. Whatsoever person or persons so to be removed as aforesaid shall, after the said first day of May, one thousand six hundred fifty-four, be found in any part of the provinces of Leinster, Munster, or Ulster (except the county of Clare), or any way, without such pass as aforesaid, travelling in any of the said provinces (except in the county of Clare), or inhabiting or being in any port, town, or garison, within the said province of Connaught, or county of Clare, without such license as aforesaid, or having any ammunition or arms used in war, all and every such person and persons shall be tryed by martial law, and being convicted of such offence, shall suffer death; and you are hereby authorized from time to time to issue out commissions for the speedy apprehending, tryal, and execution of such offenders.
5. You are also to authorize the said commissioners to cause exact surveys, upon oath, to be made of the lands, tenements, and hereditaments of such person and persons of the English nation, or other persons aforesaid, in Connaught, or in the county of Clare, as shall desire such exchange as aforesaid, which being returned unto you, you shall, out of the lands forfeited to the Commonwealth, or the lands, tenements, or hereditaments of the persons so removed, cause lands, tenements, or hereditaments of the like quantity or value, in such other province or county as you shall think fit, to be set forth unto such person and persons, to be enjoyed for such estate or term, and under the like covenants, conditions, and reservations as such lands, tenements, or hereditaments in the said province or county, and so exchanged, were held; and shall cause an exact particular thereof, together with the survey aforesaid, to be returned to the register for the said forfeited lands, to remain of record.
6. You are hereby authorized to set out unto John Blackwel, the younger, of Mortelack, in the county of Surrey, Esq., his heirs and assigns, in satisfaction of the sum of two thousand three hundred and fifty pounds, advanced in several sums, by way of adventure, upon the propositions for rebels' lands in Ireland, and assign unto him so many acres of meadow, arrable, and profitable pasture of the said lands (together with the bogs, woods, and barren mountains thereunto belonging) as are due unto him, according to the proportions and rates for the respective provinces in the Act of Parliament in that behalf expressed, and the measure allowed by the respective Acts and ordinances upon which the said several sums were advanced respectively, in such place and places as the said John Blackwel, his heirs or assigns, or his or their trustees in that behalf appointed, shall make choice of and desire, within the counties of Dublin, Kildare, and Cork, or any other county which is not particularly by these instructions, nor shall be by you, in pursuance thereof, designed and set apart for the satisfaction of the adventurers and soldiers, and not being by any Act, ordinance, or order of Parliament, or by authority derived from Parliament, set out, alotted, or granted to any particular person or persons; and to put the said John Blackwel, his heirs or assigns, or his or their trustees, into the possession of the premises so to be set forth and alotted to him, to be by him, his heirs and assigns, held and enjoyed, in as full and ample maner, and with the like advantages, liberties, and privileges, as any the adventurers for lands in Ireland may and ought to hold and enjoy the lands set forth unto them, and as if the same lands and premises so set forth unto the said John Blackwel, his heirs and assigns, had come unto him or them by lot; and that you cause an exact survey, upon oath, to be made of the premises, in writing, and returned unto the register for the said lands, to remain of record.
VI.
Commission for Surveying of Lands in the County of Kilkeny[2].
The said commissioners, by vertue of the authority and trust comitted unto them in and by one Act of Parliament, entituled, "An Act for the speedy and effectuall Satisfaction of the Adventurers for Lands in Ireland, and of the Arreares due to the Souldiery there, and of other publique Debts," doe hereby authorize and appoint Henry Waddington, James Shane, Henry Greenoway, and Sebastian Brigham, Esqrs., or any three or more of them, to hold and keep one or more courts of survey, for inquiring and finding out of all and every the honors, baronies, castles, mannors, messuages, lands, tenements, rents, annuities, reversions, remainders, possessions, and other hereditaments whatsoever, which at any time since the twenty-third day of October, in the year 1641, did belong unto any person or persons, whose lands upon the said 23rd day of October were, or at any time since are forfeited to the Commonwealth, by vertue of an Act of Parliament, entituled, "An Act for the speedy and effectual Reducing of the Rebels in his Majestie's Kingdome of Ireland to their due Obedience to his Majestie and the Crown of England," or by any other Act or Acts of Parliament; and likewise to inquire of and find out all such honors, baronies, castles, manors, lands, tenements, rents, and hereditaments belonging unto the Crown in the year 1630, or at any time since; and also to inquire of and find out all honors, baronies, castles, mannors, lands, tenements, rents, or other hereditaments, lately belonging to any archbishop, bishop, dean, dean and chapter, or other officer belonging to that hierarchy in Ireland, in the right of his archbishoprick, bishoprick, deanery, or office aforesaid, within any of the baronies of Kilkeny, Rathconrath, Demifoore, Moyashell and Moghrediernan, Ffortulla or Ffartullagh, Clonlownan, Moyeashell or Moycashell, Moygoish, Corkerry, Delvin, Ffarbill, territory of Birrawny, lands of Moydrum, within the county of Westmeath, together with all houses, edifices, timber, woods, mines, and other appurtenances belonging to all and every the premisses within the county and place aforesaid; and to survey the same, and make returne thereof distinctly by themselves, that is to say, fforfeited lands, with the appurtenances, by themselves; Crown lands, with the appurtenances, by themselves; and lands belonging to the said hierarchy, by themselves. In the holding and keeping of which courts of survey, the said Henry Waddington, &c., or any three or more of them, are hereby authorized and required to send for such persons as they shall judge any way able to informe them concerning the premisses to come before them, and examine the said persons, upon oath, for the better discovery of what they know in and about the said premisses. And it is further ordered, that in making returnes of the said survey the said Henry Waddington, &c., doe observe and put in execution the instructions hereunto annexed; and that before they doe act anything by vertue of this commission, they doe take the oath ensuing, viz.: "You shall faithfully promise and swear, in the presence of the great and mighty God, that you shall well and truely execute the power and trust to you comitted, by vertue of this commission and instructions, according to the best of your skill and knowledge." And the said Henry Waddington and James Shane are to administer the said oath each unto other. And they, or any one or more of them, having so taken the said oath, are hereby authorized to administer the same unto the rest of the persons hereby appointed for the execution of this commission and instructions, as aforesaid.
You are forthwith, upon receipt of your commission, to meet in some convenient place within the said county, to take the oath prescribed in your said commission, for the due execution of the trust thereby comitted unto you, and to consider in what barony or place you shall judge it most convenient to appoint the first court of survey to bee kept, in order to the prosecution of your said commission, and accordingly to appoint time and place for that end. And for the more effectual performance of the said service, you are authorized to adjourne from time to time, and from place to place, in such manner as you shall judge to bee most conducible to the speedy and effectuall discharge of the said work. And in the first place you are to survey, according to the tenor of your commission and these instructions, the baronies of Clonlownan, Moycashell, Moygoish, Corkerry, Delvin, Ffarbill, territory of Birawny, and lands of Moydrum adjoyning thereunto, being the baronies that are fallen by lot to the souldiery within the said county.
You are with all convenient speed to enter into and upon all and every the honors, baronies, manners, castles, messuages, and other the lands, tenements, and hereditaments whatsoever mentioned in your commission, lying within the said county of Westmeath. And by your oathes of good and lawfull men, and by all other lawfull wayes and meanes, you are to inquire and find out the premisses, and every of them, with their and every of their appurtenances. And you are to view and survey the same, or cause the same to be viewed and surveyed, so as the premisses and every of them may (either by your own view, or by the view and testimony of good and lawfull persons, upon oath) bee certainly, distinctly, and entirely known from other lands, by their respective qualities, quantities, or number of acres by estimation (according to one and twenty foot to the perch, and one hundred and sixty perches to the acre), also by their names, scituacion, parish, or place where the same doe lye, with their respective meets and bounds; the bogs, woods, and barren mountains, belonging to the respective premisses, or any of them, being mentioned, and the quantity thereof estimated and distinguished from the profitable lands in the said survey. And for the better execution of your said commission, you are, as often as you see cause, to summon one or more juries, and to give them in charge to inquire and find out all and every the particulars of these instructions, and to cause such juries, when and as often as you shall judge it necessary, to view and tread the meets and bounds of the premisses, and to forme all such other matters and things as are perfectly inquirable in courts of survey, as you shall give the same in charge unto them.
You are, by the like waies and meanes, to inquire of and find out the true yearly value of the premisses, and of every of them, as the same were lett for, or worth to be lett, in the year 1640, or at any time before; and also what part of the premisses are chargeable with any pious and charitable use or uses; and also to inquire of and survey, or cause to bee surveyed, the buildings, houses, edifices, timber, woods, open quarries, or mines, upon the premisses, and to make true and particular returns of the same in your bookes of survey.
You are to call before you all such persons as now are, or formerly have been, stewards, bayliifs, reeves, or collectors of rents, issues, revenues, or profits of the premises, or any part thereof; and likewise all such persons as now are, or formerly have been, tenants of the premisses, or any part thereof, and also such other persons as you conceive may best know the premisses, or any of them, or as many of the said persons as you can conveniently summon to appear before you, and to examine them upon oath concerning the meets and bounds of the premisses, and concerning the rents, issues, profits, valuations, royalties, perquisits of courts, tythes, or impropriations, rights, titles, and other emoluments unto the premisses, or any of them, belonging or appertaining, or held, or enjoyed with the same, as parte, parcell, or member thereof, or appendant to the same, together with their and every of their particular values, which you are distinctly to returne in your bookes of survey as aforesaid.
You are further strictly to inquire and examine as aforesaid what court-rolls, rentalls, bookes of survey, books of accompts, or what other records, evidences, or writings touching every the premises, or any part of them, any of the said persons have come to the knowledge of; and where and in whose custody the same do remayne; which said court-rolls, rentalls, bookes of accompt, or other records, evidences, and writings, you are to demand and receive into your custody.
In returning your survey of any honors, mannors, lands, tenements, or hereditaments, belonging to the Crown, or to archbishops, bishops, deans, deans and chapters, or other officers belonging to that hierarchy, you are particularly to inquire, by your waies and meanes aforesaid, what leases are in being of any part of the said last-mentioned premisses, when the same did respectively commence, for what terme granted, to whom the same were so granted, what rents and other duties were reserved thereupon, who are the present tenants of such lands so granted, and in whose right they hold the same, and when and from whom such right is or hath been made over unto them, or unto the persons for or from whom they hold the same respectively.
In case you find variance in the evidence which shall be given, touching the extent or valuation of the premisses, or any part of them, or any other particular given in charge, and if the said variation or diiference bee considerable, or if you conceive the evidence to differ from truth to the prejudice of the Commonwealth, or any other person, you are in those cases, as well by your own view as by such other good waies and meanes as you judge fitt, to informe yourselves of the truth in such particulars, and to certify as well the said evidence at large as your own judgment touching those particulars, with the reasons inducing you to vary from such evidence.
Where you shall find no possibility, by reason of the wastnes or depopulation of the country, to make so particular a survey as is directed, or to inform yourselves so exactly of the meets, bounds, or other certenties of the premisses, or any of them, as is before required, you are in such cases to use your best wayes and meanes you can for the discovery of all and every the particulars herein given you in charge, and to certify upon all such particulars the manner of your proceedings, and the causes why you cannot returne the said survey of them according to the instructions given you.
And because it is required that the quantity or number of acres contained in the premisses, and in every part or parcell of them, should be distinctly and particularly admeasured, you are, therefore, out of the survey taken by you of the premisses, and every part of the same, to cause an abstract to bee drawn, containing the names of all and every such parcells of land as shall bee by you surveyed in every respective barony, according to the tenor of your commission, with their respective bounds and meets, and the parishes or places where the same do respectively lie, not mentioning the quantity or value of the same; and the said abstract so drawn you are to deliver to such persons as shall be authorized and commissioned to admeasure the same. In which abstract you are to distinguish which of the said lands are forfeited lands, and also which lands are Crown lands, and which lands are lands lately belonging to any archbishop, bishop, dean, dean and chapter, or other officers of that hierarchy, to the end the same may bee distinctly admeasured, and distinct plotts returned of the same.
And for the better assistance of the said persons who shall be appointed to admeasure the premisses, or any part of them, you are hereby authorized and required, by warrants under your hand, to appoint (out of the inhabitants of the said county), such and so many fitt persons as shall be judged necessary to attend the said surveyors in admeasuring of the premisses, or any parte thereof, for to shew and tread out the meets and bounds of any the said lands respectively; as also to informe and make known, as often as there shall bee occasion, the meets of the several baronies and parishes, and the course that the said meets and bounds doe runne.
And for the more full and better discovery of the interest of the Commonwealth in or out of lands in the said county, you are further authorized and appointed to inquire what other lands in any of the baronies aforesaid are claymed by any English or Protestants, how meared, scituate, and bounded, and in what parishes or places respectively the said lands doe lye, what number of acres such lands so claymed do respectively conteine by estimation, according to the measure of 21 ffoot to the pole, and 160 poles to the acre; what leases, annuities, rents, or other profits are made off, or is issuing, or of right ought to issue out of the same to the Commonwealth, in right of any person or persons who have forfeited their interests in the same to the Commonwealth; which you are likewise to return in your survey, therein setting down the particular yearly values of every such lease, annuity, rent, or other profitt.
Having finished the survey of every the said baronies within the said county according to the aforementioned rules and instructions given you, you are to cause the same to bee fairly ingrossed in one or more bookes, setting down the survey of each barony by itself, and to return the same, attested under your hands, or the hands of any three or more of you, together with this commission and instructions, close sealed up, to the surveyor-generall, and a duplicate thereof, in like manner fairly ingrossed, attested, and sealed up, to the register for forfeited lands in Ireland, at Dublin, together with all records, evidences, and writings which shall come to your hands concerning the premisses or any part of them. In the returne, transcription, or making up of which survey, or in any other thing relating to the premisses, you are further to observe such instructions as shall bee sent you by the said commissioners of the Commonwealth, or by the surveyor-generall.
You are to use all expedition in the execution of the aforementioned instructions, that the service of the Commonwealth may not bee retarded thereby; and for the more effectuall performance of the severall duties herein directed, you are hereby authorized to imploy such and so many persons under you for writing, ingrossing, and transcribing of such depositions, surveys, and duplicates, as you are to take and returne by vertue of the above said commission, and to give to each of them such allowance as you shall think fit, provided no unnecessary or immoderate charge bee contracted thereby upon the Commonwealth; and that no one person receive for his paines in writing or transcribing the depositions and surveys as aforesaid above the rate of twenty shillings per week.
Lastly, you are not without speciall lycense or order in writing from the said commissioners to discover to any person the particular values, extent, or the like certeinties of the premisses to bee by you surveyed, according to this commission, other then what was before directed to such as shall bee appointed to admeasure any part of the said premisses, nor to keep any coppies of the same with your selves or with any of those that shall bee imployed by you.
C. F. (Charles Fleetwood.)
M. C. (Miles Corbett.)
J. J.(John Jones.)
VII.
You are forthwith to repayre unto the said county, there to demand and receive from Robert Cox, Wm. Ramsey, Samuell Clearke, and Thomas Robinson, Esqrs., or any three or more of them, appointed commissioners for the surveying the county of Limerick, a transcript of all the forfeited lands, as alsoe of all lands belonging to the Crown, or any archbishop, bishopp, deane, dean and chapter, or other officer of that hierarchye, lying in the barronies of Clanwilliam, Kilmallock, Small County, Owny Begg, Coshma, Costleane, citty and libertyes of Limerick aforesaid, which are to be admeasured by you.
In the admeasuring of which, if any of the said forfeited lands or other lands given you in charge to admeasure by your commission, lye wholly surrounded or meared with lands not forfeited nor in the dispose of the Commonwealth, you are, as oft as the same shall happen, to surround and admeasure every such parcell of forfeited land by itselfe, whither the said parcell be little or great, or doe conteyne more or lesse number of acres.
Where the said forfeited lands, or other lands to be admeasured by you as aforesaid, or any of them, are meared partly by lands not forfeited nor in the dispose of the Commonwealth, partly by mountayne, lough, bogg, or the like unprofitable land, you are in such cases to surround and admeasure by instrument the said profitable lands only, the said unprofitable mountaynes or boggs, if belonging to the premisses, or any part thereof, being to be estimated by you, and by some tying-lyne or otherwise, exprest in your plotts.
Where any large parcell of the said forfeited lands shall lye togeither in any barrony conteyning the estates and proprietyes of severall persons who have forfeited the same, if within the said parcell there shall not be mixed any land unforfeited, nor any barren mountaynes, lough, bogg, or other land unprofitable, nor any lands lately belonging to the Crowne, or to any archbishop, bishop, deane, deane and chapter, or other officer of that hierarchye, in right of their respective officers, you are in all such cases to admeasure exactly with your instruments only the outlines or bounds of the said parcell, and accordingly to cast up the contents of the whole, subdividing and distinguishing by estimate the estates of the severall proprietors within the said parcell and the quantityes of each of them respectively.
Where any large parcell of fforfeited land shall lye togeither in any barrony conteining as aforesaid the estates and proprietyes of severall persons who have forfeited the same, if within the said parcel of forfeited land there shall be scituate other smaller parcells of land not forfeited, or of lands lately belonging to the Crowne, or to any archbishop, bishop, deane, deane and chapter, or any other officer of that hierarchye, in the right of his or their office as aforesaid, or of lands barren and unprofitable, you are in such cases, besides the admeasurement of the outline or bounds of the said parcell of forfeited lands, exactly to admeasure with the instrument all such parcells of land by themselves as are not forfeited, likewise all such as are Crowne lands and Church lands, and all as are barren and unprofitable.
Where any parcell of lands forfeited belonging to one or more proprietors, and lying altogether, shall extend it selfe unto severall barronies, and be scituate parte in one barrony, parte in some other barrony, if the barrony or barronyes in which part of the said forfeited lands doe lye be not any of the barronies mentioned in your commission, you are in such case to admeasure with the instrument soe much of the said parcell of fforfeited lands only as lyeth within the barronies, you are to admeasure and to note the same as part only of the said proprietors' lands.
In your survey or admeasuring any parcell of fforfeited lands, as oft as you come upon, or crosse the meare of any barrony, you are diligently to enquire and informe your selfe how the said meares and bounds doe runn, and either by taking the angles, or by such other wayes and meanes as you thinke best, and may be speedyest done, to ascertaine the said bounds and meares of the respective barronyes, soe as that the same may be drawne and sett downe by you in a touch plott.
As touching unprofitable lands, which by these instructions you are appointed to survey only by estimate, you are faythfully to describe the nature, quality and quantity, and bounds of the said land, and especially where the same boundeth upon the profitable lands which you are to survey, and to sett downe the reasons why you account or returne the same unprofitable.
In the taking the survey of all Crowne lands, or lands lately belonging to any archbishopp, bishopp, deane, deane and chapter, or other ofiicer of that hierarchye, you are to returne the surveys of each of the said lands respectively in distinct plotts by themselves. Haveing taken exactly the contents of lands forfeited in any of the said barronies, you are by your owne view, and such further information as shal be given you by the commissioners appointed for the survey of the said county, to describe and sett downe in a toutch plott the several and respective proprietors' land not forfeited within the said barronyes, according to their severall and respective scituation, and the estimate of their respective quantityes given by the counting of them at 160 poles to the acre and twenty-one ffoote to each pole.
Lastly, you are to returne the plotts of each barrony by it selfe, together with the bookes of reference belonging to the said plotts respectively, unto the surveyors-generall his office, in the drawing or making up of which you are from tyme to tyme to follow such instructions as shal be sent you from the said commissioners of the Comonwealth, or from the said surveyor-generall, and to act and doe all other things relating to your commission as are required in the duty of a surveyor.
C. F.
M. C.
J. J.
VIII.
The Oath given to the Surveyors imployed by Dr. Petty[4].
You shall, in the presence and fear of the Lord, swear that you will faithfully and truely, according to your best skill and knowledg, perform the duty and trust of a surveyor in all such surveys as you shall be imployed in, according unto the instructions you either have or shall receive from the surveyor-generall, or such others as are or shall thereunto authorized, and shall make true returns thereof, and shall neither for fear nor favour, malice or reward, or hope of reward, violate the trust reposed in you.
IX.
Committee for Obstructions in Surveys to meet touching Civill Surveys[5].
Ordered, that it bee referred to the committee for removing obstructions in the surveys undertaken by Dr. Petty, to meet to-morrow morning, and consider of the proceedings of the commissioners for the civill survey, and how the concealements of lands may bee remedied, how farre the present surveys may bee of use, and what course is to bee taken for having true and full civill surveys returned, to remaine of record for publique use. And they are to treat with the commissioners-generall concerning abstracts to bee given of the civill survey, and concerning the sufficiency of the present surveys.
T. H. (Thomas Herbert.)
C. C. (Charles Coote.)
X.
Order for the settling of Troops disbanded in 1655[5].
Gentlemen,—Wee lately sent you a commission and instructions for the setting out of lands in satisfaction of the arreares of certaine troopes and companies named in a list or schedule annexed to the said commission, according to certaine instructions in the said commission given you; notwithstanding which we thought fitt to acquaint you, that in case any of the said troopes, companies, or persons, did slacken their march thither, or did delay both their own comeing, or sending upon the place some person to demand their lands for them, contrary to the orders given them, wee judge their slacknes or neglect should not or ought not to prejudice the rest who are ready and desirous to have their lands given them, and therefore would have you proceed to the casting of lotts, and to the determining in what manner the said troopes or companies shall sitt down, according to the instructions in that behalf given you; notwithstanding, some troopes or companies, or the agents for them, may not bee there present, which lotts also are to bee as binding and concluding to the said persons absent as if they or any in their name or behalf were there present, and consenting to them.
And if, upon drawing the said lotts, such troop or companies or persons as shall bee at the same time absent, or any of them, are, according to the said lott, to sett downe before those troopes, companies, or persons that are present, or before some of them. In that case, if no agent with debentures bee there ready to demand their lands for them, you are to respit so much land from being sett out to any other in the place where the said absent lott shall fall, as will answer the sum of the said troop or company, or other persons that are absent, according as in the list mentioned, and at the rates which shall bee agreed upon that others were to have it.
Whereas likewise, in that list sent down to you, many single persons are at the end of several troopes and companies added whose sums or arreares are not sett down with their names, in regard they are not of the muster of October, 1653. And that it is supposed they were reduced out of other companies, or probably might bee of the late disbanded, and so have received satisfaction, and were since taken into the muster againe.
It is desired, therefore, you wil bee very strict in the inquiry into this busines, and to observe carefully in the first place this generall rule: not to admitt any person to satisfaction that produceth not his originall debenture; and where any of the said single persons, whose arreares are left doubtfull in the said list, shall produce their originall debenture to you, yet you are to suspend his satisfaction if it appear to you hee was formerly a disbanded person, and that hee hath been since taken in againe.
But forasmuch as no unnecessary prejudice is to bee put upon any of the said persons, therefore, if any of the said single persons whose arrears are left doubtful as aforesaid shall produce their original debenture to you, and that the officers shall make oath before you (which oath you are hereby impowered to administer), or otherwise shall give a sufficient and clear testimony on his behalf, that hee was never disbanded, but reduced only out of some other troop or company wherein hee served; in that case you may satisfy them, making a memorandum upon the backside of each of the said debentures, what oath was made on his behalf, or how farre the truth of the thing did appear to you, to the end it may bee here further examined.
Wee further think it fitt that you will bee very carefull in crossing the names in the margent, of all persons in the list, whose debentures you take in, and of fileing your debentures, that all confusion may (as much as may bee) bee avoyded, and that you delay not all the returne of them, according to the directions of your commission, after you have given out certificates for them.
Lastly, if there shall appear to you any necessity of some persons to be imployed in the nature of a clerk to attend you, and to assist you in the casting up of the lands, in writing certificates, and doing the like duties, you are to make choyce of some able and fitt man, and (returning his name immediately unto us), a warrant shall bee ordered for the payment of a fitt salary or reward (during that time) to him; and if there shall be any thing else you shall judge needful to expedite this service, or shall find any obstructions in it, you are from time to time to acquaint us with it, or to intimate it to the surveyor-general.
T. H. (Thomas Herbert.)
C. C. (Charles Coote.)
XI.
Order for the Survey by Mr. Worsley and Dr. Petty of the Adventurers' Lands and other Lands[6].
Whereas, it hath been held expedient that the forfeited lands within the moyety of the ten counties fallen by lott to the adventurers, the forfeited lands in the county of Lowth and county of Leitrim, and the forfeited lands that were set out to the souldiers in 1653, and such other lands escheated to his Highnes and the Commonwealth as are not yet admeasured, should be forthwith admeasured by an exact survey. And whereas, for the better and more advantageous dispatch thereof, it hath also been ordered that Benjamin Worsley, surveyor-generall, and Doctor William Petty, should be joyntly authorized and impowered to carry on the said work, and to imploy such fitt and able artists in it as they should think fitt; it is, for the further management and direction of the said survey, thought fitt and ordered, that the said surveyor-generall and Doctor William Petty do take care for the admeasurement, in the first place, of the moyety of the ten counties fallen by lott to the adventurers, and of the county of Lowth, and when, as much help is applyed for the survey of the said counties as conveniently can be, that they do likewise use all possible expedition for the admeasurement of the rest of the land above-mentioned set out to the disbanded in 1653. In the admeasurement of which said lands, set out to the said disbanded, they are also to take care and provide that an exact returne be had of the present proprietors of each land, and who the said proprietors do clayme their right from, whether immediately from the Commonwealth for any arreares due to them, or from any other person passing or conveying his said right over to them, and who the said persons are. And it is further ordered, that the several artists imployed by the said surveyor-generall and Doctor Petty for the admeasuring of the above said lands, be, before they enter into the said employment, duely sworn according to the directions of the Act, and that they be required to pursue these or the like instructions following (viz.): —
You shall well and sufficiently survey and admeasure, or cause to be surveyed and admeasured, all the honors, castles, manors, lands, tenements, and hereditaments of or lately belonging to all and every the rebels, in any of the baronies of the ten half-counties in Ireland, fallen by lott to the adventurers (and mentioned in the late "Act for Satisfaction of the Adventurers and Souldiers of the 26th of September, 1653"); as likewise all honors, castles, mannors, lands, tenements, and hereditaments of or lately belonging to all and every the rebels, in the county of Lowth and county of Letrim, and also all the lands, tenements, and hereditaments of, or lately belonging to all and every the rebels, in any of the baronies within the county of Cork, Kilkeny, Longford, Lowth, Cavan, Monaghan, Ffermanagh, Sligo, and Mayo, heretofore appointed to be set out to the officers and souldiers disbanded in 1653; and all the lands forfeited by virtue or fforce of the severall Acts of Parliament, or any of them, which shall ly or be in the said baronies, or in any of them, and all the forfeited meadow, arable, and profitable pasture belonging to each of the said honors, baronies, castles, mannors, lands, tenements, and hereditaments, as part and parcel of the said lands respectively, and every and any of them distinctly to survey, admeasure, and set forth by the instrument, so as each of the same may be certainly and distinctly known from other lands by their qualities, quantities, names, scituation, parish, or place where the same do ly, with their metes and bounds, the boggs, woods, and barren mountaines belonging to the respective premises, or any of them, being mentioned and distinguished from other lands in every such survey.
You are to survey or cause to be surveyed and admeasured with the instrument, all the said lands mentioned in the aforesaid article, into the smallest and lowest denominations that are (that is to say), into town-lands, plough-lands, cartroones, or any other denominations of lands proper to the said baronies and counties where the said lands do ly (or that are usually known and observed in the said baronies), according to the bounds of each of the said denominations respectively, so as each of the same may be certainly and distinctly known from other lands of the like denominations in the said barony.
You are to subdivide the said town-lands, plow-lands, cartrons, or other the usual denominations of lands, according to the number of proprietors who have forfeited their estates, and have lands conteined in any of the said denominations, and to distinguish the metes and bounds of each of the said respective estates belonging to the said several and respective persons who have forfeited the same. Provided that if the said forfeited estates, which shall ly intermixt one with another, or with lands unforfeited, be in small parcells, and under forty acres entirely together; in all such cases it shall and may be lawful to return the said lands by estimate only, without surveying the metes and bounds of each of them distinctly by the instrument.
For the better ascertaining of what land is judged to be bog and barren mountains, you are faithfully to describe the nature, quality, and bounds of all such kind of lands, and especially to make some eminent mark where the same runns and bounds with other land, arable, meadow, or profitable pasture land. You are also to describe the nature and qualities of the said mountaine and bog, and to set down reasons and grounds for returning the same as such.
And to the end it may be the better ascertained what woods are to be cast in, and what are to be reserved according to the intent of the "Act for the Satisfaction of the Adventurers and Souldiers," you are carefully to distinguish the woods growing upon barren mountaines, or which are not fitt for timber, from all other woods; and the woods so reserved by the said Act you are to survey by themselves, and to make particular returns of them.
You are carefully to survey and admeasure with the instrument the out-meares and bounds of all and every the baronies within the counties mentioned in the above said first article, and the same so surveyed distinctly to protract and lay down, to the end that the civil metes and bounds of each barony may be the better known and preserved, and that exact and perfect mapps may be held of the said metes and bounds of each of the said baronies.
You are to give into the office of the surveyor-generall fair plotts and bookes of survey, fairly writ, of all and every the said baronies, and of all the honors, mannors, castles, lands, tenements, and hereditaments forfeited in each or any of the said baronies, together with bookes of references answering to the said plotts, in which you are at large to describe the bounds and metes of all the said forfeited townes and lands, with all other their appurtenances, and to set down what you find observable in them, or any of them; all which you are to give in under your hands; in the making and drawing up of which plotts and bookes you are to observe such further forme, method, and rules, as hath been given by the surveyor-generall in the like case.
T. H.
C. C.
Lord Lieutenant of Ireland.
Lord Chamberlaine.
Earle of Anglesey.
Lord Hollis.
Mr. Secretary Nicholas.
Mr. Secretary Morrice.
M. Antrim, Alderman Ffoolke, Sir Jo. Cutler, Last Instruction, Sir W. PettyMarquess of Antrim's business considered; read and resolved that his Majesty be mooved concerning the same to-morrow from this Committee by the Earle of Anglesey.
That the business of Alderman Ffoulk and Mr. Cory, and the rest of the poore Protestants of Ireland, be also then reported by the said Earle.
Sir John CutlerPetition of Sir John Cuttler,—a saveing in the proviso for the Lord Treasurer, &c., for the estate of Mr. Wallopp, of such right as the said Sir John, &c., hath in any of the lands heretofore belonging to the said Wallopp, any thing therein contained to the contrary notwithstanding.
Last instruction to be left out.The last instruction, referring to the King's further direction, to be left out.
Sir William PettySir William Petty's petition presented by the Earle of Anglesey. Request granted. Mr. Secretary Morrice desired to prepare a letter for his Majestie's signature to that purpose.
Petition, Sir W. PettySheweth, that your petitioner bestowed much paines for the space of 3 yeares about setting out lands to the souldiery in Ireland, being thereunto appointed by themselves.
That the said souldiery have now voluntarily desired a clause to bee inserted in the Bill for raiseing two pence an acre wherewith to discharge severall former engagements, as well as to defray the future charges of theire settlement, which said acrege may amount unto twenty thousand pounds, and consequently be sufficient to answer all ends.
Prayer and proviso for the arreares of sallary to be paid him for setting out the lands to the souldiery.Your petitioner, therefore, and for that hee desires nothing from your Majestie, nor from any others not properly engaged, nor even from them, but what may justly and conveniently be done, doth humbly pray that hee may not loose this oppertunity, for which he hath waited these seaven yeares, of being considered for the said most painefull service and his many sufferings arriseing from the same, but that in order to his releife these following words may be added to the said clause (viz.) out of which mony such compensation is to be made to Sir William Pettie, Knight, for his service and sufferings in and about the setting out lands in satisfaction of the said souldiery as the cheife governor and councill of Ireland for the time being shall thinke reasonable.
And hee shall ever pray.
Sir William Petty's petition concerning a penny an acre agreed by some persons to be given him for admeasuring lands, &c.Sheweth, that there remaines unsatisfyed unto your petitioner part of the penny an acre agreed to be given him by particular persons for admeasuring the lands sett out unto them before the yeare 1659, in your Majesty's kingdome of Ireland, which your petitioner is disabled to recover by reason of your Majesty's most happy restoration which made void all the security which your petitioner had for the same. Moreover your petitioner hath beene at many hundred pounds charge, and severall yeares' labour in composeing a most exact mapp of that kingdome, which is yett imperfect for want of reasonable help and encouragement.
| Your petitioner humbly prayes that he may be enabled by some clause in the Act now under consideration to recover his said debts, and be further encouraged as your Majesty shall think fitt for perfecting the said mapp. |
- And he shall ever praye.
Copia vera ex per
Edm. Stacke.
J. Ffullerton.
Order upon the foregoing petition of Sir Willliam Petty.His Majesty is graciously pleased to referr this petition to his Grace the Duke of Ormond, Lord Lieutenant of Ireland, who, calling to his assistance such of the committee for Irish affaires as he shall think fitt, is to consider the contents of the same, and to do therein what his Grace shall finde just and expedient to be done on the petitioner's behalfe, or otherwise to make report of his Grace's opinion to his Majesty, who will then declare his further pleasure.
- Copia vera ex per
Edm. Stacke.
J. Ffullerton.
Petitions that an end may be put to his many yeares' troubles.Sheweth, that your petitioner's right to lands in Ireland having been already very often examined both in England and Ireland, he most humbly beseecheth your Majestie that he may now at last receive an end of his many yeares' troubles and causeless vexations from your Majestie's own gracious hand, and as a testimony By ordering the annexed clause to be inserted. of Your Majestie's royall favour and bountie towards him, by ordering the annexed clause to be inserted, the matter of what he desires being but the same which is granted to all others.
His Majestie's allowance of the arreares of admeasurement, &c.That whereas your Majestie hath already been graciously pleased to afford your petitioner a remedy for recovering his arrears of admeasurement, and withall recommended him for an encouragement and assistance to finish the maps of Ireland. And the clause answers not the ends.Now for as much as the clause inserted for that purpose is by some accident so penn'd that it answers neither of the said ends, Prayes it may extend to all as well as the souldiery.your petitioner prays it may extend to all the lands admeasured by your petitioners as well as to that of the souldiery, your petitioner being able to shew abundant reason for the equitie thereof.
The petitioner's labour in setting out lands to the souldiers without recompence, but instead thereof received damages.That whereas your petitioner hath formerly laboured night and day for three yeares' space in setting out lands to the souldiery without any recompense, and hath suffered infinite wrongs and damages by reason thereof, he humbly prayes he may have such a consideration for the same out of the moneys by this Act to be raised out of the souldiers for purposes of this Prayes allowance out of the money to be raised on the souldiers.nature, as the Lord Lieutenant and councell of Ireland, or any other indifferent persons, to be appointed by your Majestie, shall think fitt.
He is setled in lands on which the Lord of Gormanstowne has a mortgage.Whereas your petitioner is settled in some lands wherein the Lord of Gormanstown hath an interest by way of mortgage only, he humbly prayes that although your Majestie be pleased to restore his said Lordship to his lands of inheritance, yet that his Lordship may receive satisfaction for his
And prayes the same bee satisfied out of other men's lands by way of reprize;
it facilitating the settlement. mortgage-money upon other men's lands in the same manner as your petitioner out of other men's should receive a reprize in case he were removed, the same being no prejudice to his Lordship, but a facilitation of the common settlement.
And your petitioner shall ever pray, &c.
His Majestie is graciously pleased that such a clause be inserted in the Bill under consideration for Ireland, in behalf of Sir William Pettie, as may be a finall settlement to him in his lands there, according to the common retrenchment in the case of adventurers and souldiers. And that the other parts of his petition be provided for so farr as they be not inconsistent with the generall settlement. And it is referred to the Solicitor-Generall to see the same done accordingly, or to repeat [report?] his reasons to the contrary.
XVII.
Mr. Cheesey.—Instructions for Kerry—By Sir William Petty[10].
1. When you goe into Kerry find out Cornelius Sulivane of Dromoughty in barrony of Glanneroughty, and take directions from him for goeing into all the woods in the 2 barronyes of Glanneroughty and Dunkerron, and particularly those of Glancurragh, soe as to satisfie your selfe what clift-ware, ship-tymber, house-timber, and other wooden commodityes may bee made out of them, and at what charges they may bee brought to the water-side, how far each respective wood.
2. I would have you take the best accompt you can of all the staffes and other clift-ware which now lyeth upon the river, and examine by all the meanes you can what part of them was brought from any other than my woods, and to oppose the shipping of any untill all controversyes of that point bee cleared to prevent the cutting of any wood but by my order; to bring in English and Protestante workmen in the greatest number you can, assureing all such who are able and honest they shall have the best incouragement in Munster, and forbidding all tenants from paying any rent to any but my selfe or my order.
3. I would have you encourage Sandford and Sellberry, and lett Sandford goe on with his boate; as alsoe another boate, slender worke, such a one as may bee able to carry 20 tunne to Corke or Lymericke, and sett as many hands as you thinke convenient to worke upp the timber allready fallen into clift-ware, and sawing-tymber, according to such scantlings as I have given you.
And to agree with as many as you can to take the rent of the land or stocke for their wages.
To take care that noe pipe-staffes coming from any other woods not to be shipped before they have paid the lawfull dutyes and customes for the same.
To consider what convenienecy is for makeing of sale for beefe and fish.
- ↑ From Scobell's Acts and Ordinances, chapter XII.
- ↑ From the Record Branch of the Paymaster of Civil Services' Office.
- ↑ From the Record Branch of the Paymaster of Civil Services' Office.
- ↑ From the Record Branch of the Paymaster of Civil Services' Office.
- ↑ 5.0 5.1 From the Record Branch of the Paymaster of Civil Services' Office.
- ↑ From the Record Branch of the Paymaster of Civil Services' Office.
- ↑ 7.0 7.1 From the Record Tower, Dublin Castle.
- ↑ From the Record Tower, Dublin Castle.
- ↑ From the Record Tower, Dublin Castle.
- ↑ From the Record Branch, Paymaster of Civil Services' Office.