Corpus of Electronic Texts Edition
Act of Settlement [1662] and Act of Explanation [1665] (Author: King Charles II)
section 28
28
XXVIII. And though some, not sensible of the great perplexities we have laboured under to reconcile these jarring interests, may infer that we judge persons fitting to be restored to their estates, yet the limitation of a previous reprisal may eclipse much of our grace, to this we say, that the laying of the foundations is not now before us, when we might design the model of the structure answerable to our own thoughts; and how hard it would be, that the English after so many expensive difficulties in suits of law, and finding several officers in order to get the present possession they enjoy, and that after so many thousands of families, who have sold their interests in England, have transported and settled themselves in Ireland, and have made great improvements in buildings and otherwise, should in the interval of those accommodations (reprisal not being first provided for) be dispossessed of their houses and their flocks (the sole subsistence of them and their families) exposed to certainty of loss (though greater inconveniences we pretermit) may easily be judged; to this we might add, that since the persons of the Irish for whom we do hereby intend satisfaction, are such who have been abroad with us, who probably being not furnished with stock and other provisions, may with less inconveniences wait for a reprisal, than to dispossess others, especially since we are fully assured that a very short time may and will assign them their respective reprisals, there being so good and large a proportion of
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undisposed forfeited lands in our power reserved for this purpose, and we doubt not but the persons most concerned in this supposed prejudice, thoroughly weighing these inconveniences, and that they will be but of a short duration, and how great and reasonable a dissatisfaction a contrary acting in us will produce, will acquiesce therein, and by such a forbearance lay the foundation of a good understanding between themselves and those other their fellow-subjects who are to be settled with them in that our kingdom. And least any ambiguity or controversy might arise for precedency in restitution to their former rights, we do declare, that first all innocent protestants, and those persons termed innocent papists (who never took out any decree, or had lands assigned to them in Connaught or Clare) be first restored. In the next place, that those innocent protestants and papists, who took out decrees, and had lands allotted to them in pursuance thereof, in Connaught or Clare, shall be restored, and that such transplanted persons as shall be dispossessed of their decreed estates in Connaught or Clare, by virtue of this our declaration, shall be reprised out of other forfeited lands of equal value, worth, and purchase [...] before they be dispossessed of their said estates, and that then such of the Irish papists who constantly served under our ensigns abroad, having right to the articles of peace, are to be restored, [...]