Corpus of Electronic Texts Edition
Act of Settlement [1662] and Act of Explanation [1665] (Author: King Charles II)
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The Act of Settlement, 1662: An act for the better execution of his majesty's gracious declaration for the settlement of his kingdom of Ireland, and satisfaction of the several interests of adventurers, soldiers, and other his subjects, there.
section 1
1
Whereas an unnatural insurrection did break forth against your majesty's royal father of ever blessed memory, his crown and dignity, in this your majesty's kingdom of Ireland upon the 23 October in the year of our Lord God 1641, and manifest itself by the murder and destructions of many thousands of your said majesty's good and loyal subjects, which afterwards universally spreading and diffusing itself over the whole kingdom, settled into, and became a formed and almost national rebellion of the Irish papists, against your royal father of blessed memory, his crown and dignity, to the destruction of the English and protestants inhabiting in Ireland, the which Irish papists being represented in a general assembly chosen by themselves, and acting by a council called by them, The supreme council of the confederate Roman catholics of Ireland, did first assume, usurp and exercise the power of life and death, make peace and war, levy and coin money, and many other acts of sovereign authority, treating with foreign princes and potentates for their government and protection, and afterwards acted under a foreign authority, by all the said ways disowing and rejecting your royal father, and your majesty's undoubted right to this kingdom, even whilst they treacherously used his and your majesty's names in the outward forms of their proceedings [...] and whereas several of your majesty's subjects, by whom, as instruments, the said rebels were totally subdued, did in the time of your majesty's absence beyond the seas, for supply of the then pressing necessities, and to prevent the further desolation of this your majesty's kingdom, enquire into the authors, contrivers, and abettors of the said rebellion and war, and after much deliberation among themselves [...] did dispossess such of the said popish Irish rebels of their lands, tenements and hereditaments, as they found guilty of, and to have been engaged in, the said rebellion or war aforementioned, and did withal distribute and set out the said lands to be possessed by sundry persons, their agents and tenants,
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who by advancing of their monies and goods, or by hazarding of their lives, had contributed into the said conquest, or who had been otherwise useful, as having served or suffered in the suppression of the said rebellion and war; and whereas several of your majesty's protestant subjects as soon as with much difficulty and hazard they had gotten the power of this kingdom into their hands, did according to their bounden duty, with all humility and cheerfulness, invite your majesty into this your kingdom, [...] and afterwards when your sacred majesty, their sovereign lord and king, by your gracious letters from Breda, bearing date the 4/141 day of April in the twelfth year of your majesty's reign, intimated your royal intentions of returning to the exercise of your regal authority, they, with others of your majesty's protestant subjects, did readily and dutifully yield up themselves and the said subdued people with this your kingdom of Ireland, unto your majesty's absolute obedience and disposition, who thereupon after many months consideration, and the public hearing of all parties concerned in, and pretending to lands and estates in this your majesty's kingdom; [...] did [...] set forth a declaration bearing the date the 30 November, in the twelfth year of your majesty's reign, with several explanations and instructions relating thereunto, expressing your royal pleasure concerning the people and territories of this your majesty's said kingdom, declaring it likewise to be your pleasure, that all the particulars in the said declaration mentioned should be effectually recommended unto your majesty's chief governor or governors, privy council and parliament in this kingdom, for the establishing the same, by law. Now we the lords spiritual and temporal, and the commons in this present parliament assembled [...] do most thankfully acknowledge, accept and admire your sacred majesty's wisdom, grace and justice towards all interests in that your majesty's said gracious declaration and instructions expressed. [...] It is therefore enacted [...] that all honours, manors, castles, houses, places, lands, tenements, and hereditaments, right, title, service, chiefry, use, trust, condition, fee, rent-charge, chattels real, mortage, right of redemption of any mortgages, recognizance, judgments, forfeitures, extent, right of action, right of entry, stature or any other estate of what nature or kind soever, in all and every the counties, baronies, cities, towns, corporate and walled towns in this kingdom, which at any time from and after the said 23 October, in the year of our Lord 1641, were seized or sequestered into the hands, or to the use of his late majesty King Charles I, or of your most gracious majesty that now is, or otherwise disposed of, distributed, set out, or set apart, by reason of, or upon account of the said rebellion or war, or which were allotted, assigned, given, granted, ordered, disposed, distributed, demised, set out, or set apart to or for any person or persons, use or uses, for adventures, arrears, reprisals or otherwise, or whereof his late majesty, or your majesty that now is, or any adventurer, soldier, reprisable person, or others respectively had and received the rent, issue or profits, by reason or upon account of the said rebellion or
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war, or whereof the adventurers, officers or soldiers now or formerly of the English army in this kingdom, or transplanted or transplantable persons, or any of them, or their or any of their heir, heirs or assigns, or any other person or persons whatsoever, upon account of the said rebellion or war, were in seizin, possession or occupation [...] on 7 May 1659, or which were assigned, given, set apart, or reserved for or towards the satisfaction of any the said adventurers, soldiers or other persons for or in consideration of any money or provisions advanced, lent or furnished, or for arrears of pay, or in compensation of any service or reputed services, or other account whatsoever, or reserved or mentioned to be reserved, for or in order to a reprisal or reprisals for such incumbrances as then were, now are, or shall be adjudged due to any person or persons [...] or unto which your royal father, or your majesty that now is, are any ways entitled by reason of, or upon account of the said rebellion or war, or which are wrongfully detained or concealed by any person or persons whatever; as also all chantries, and all manors, lands, tenements, rents, tithes [...] of any persons or persons, who by the qualifications in this act shall not be adjudged innocent persons, as also all lands, tenements, and hereditaments belonging to any ecclesiastical person or persons, in his or their politic capacity, and that have formerly by them or any of them been let in fee-farm, the right whereof, or title thereunto, or interest therein, was in any person or persons, his or their heirs or assigns, who by the qualifications in this act expressed, shall not be adjudged innocent persons, as also all leases that have been made by any ecclesiastical persons, of any lands, tenements or hereditaments belonging to them in their politic capacity, to any person or persons, their executors, administrators, or assigns, who by the qualifications in this act expressed shall not be adjudged innocent persons, as also all impropriations or appropriate tithes belonging to any person or persons, his or their heirs, executors, administrators or assigns, who by the qualifications in this present act expressed shall not be adjudged innocent, are and shall be, and are hereby declared, deemed and adjudged, as from the said 23 October, 1641, forfeited, and to have been forfeited to your majesty, your heirs and successors[...]