NOTE F, p. 358.
The Act for the Settlement of Ireland.
Whereas the parliament of England after expense of much blood and treasure for suppression of the horrid rebellion in Ireland have by the good hand of God vpon their vndertakings brought that affaire to such an issue as that a totall reducm't and settlement of that nation may with Gods blessing be speedily effected. To the end therefore that the people of that nation may knowe that it is not the intention of the Parliament to extirpat that wholl nation, but that mercie and pardon both as to life and estate may bee extended to all husbandmen, plowmen, labourers, artificers, and others of the inferior sort, in manner as is heereafter declared, they submitting themselves to the Parliament of the Commonwealth of England and liveing peaceably and obediently vnder their governement, and that others alsoe of a higher ranke and quality may knowe the Parliament's intention concerning them according to the respective demerits and considerations under which they fall, Bee it enacted and declared by this present Parliament and by the authority of the same, That all and every person and persons of the Irish nation comprehended in any of the following Qualifications shal bee lyable vnto the penalties and forfeitures herein mentioned and contained or bee made capable of the mercy and pardon therein extended respectively according as is heereafter expressed and declared, that is to saye,
1. That all and every person and persons who at any time before the tenth day of November, 1642, being the time of the sitting of the first generall assembly at Kilkenny in Ireland have contrived, advised, counselled, or promoted the Rebellion, murthers, massacres, done or committed in Ireland w'ch began in the year 1641, or have at any time before the said tenth day of November 1642 by bearing armes or contributing men, armes, horses, plate, money, victuall or other furniture or habilliments of warre (other then such w'ch they shall make to appeare to haue been taken from them by meere force & violence) ayded, assisted, promoted, prosecuted or abetted the said rebellion murthers or massacres, be excepted from pardon of life and estate.
2. That all and every person & persons who at any time before the first day of May 1643, did sitt or vote, in the said first generall
assembly, or in the first pretended counsell comonly called the supreame councell of the confederate Catholiques in Ireland or were imployed as secretaries or cheife clearke, to be exempted from pardon for life and estate.
3. That all and every Jesuitt preist and other person or persons who have receaved orders from the Pope or Sea of Rome, or any authoritie from the same, that have any wayes contrived, advised, counselled, promoted, continued, countenanced, ayded, assisted or abetted, or at any time hereafter shall any wayes contriue, advise, councell, promote, continue, countenance, ayde, assist or abett the Rebellion or warre in Ireland, or any the murthers, or massacres, robberies, or violences, comitted against ye Protestants, English, or others there, be excepted from pardon for life and estate.
4. That James Butler earl of Ormond, James Talbot earl of Castelhaven, Ullick Bourke earl of Clanricarde, Christopher Plunket earl of Fingal, James Dillon earl of Roscommon, Richard Nugent earl of Westmeath, Moragh O'Brian baron of Inchiquin, Donogh M'Carthy viscount Muskerry, Richard Butler viscount Mountgarrett, Theobald Taaffe viscount Taaffe of Corren, Rock viscount Fermoy, Montgomery viscount Montgomery of Ards, Magennis viscount of Iveagh, Fleming baron of Slane, Dempsey viscount Glanmaleere, Birmingham baron of Athenry, Oliver Plunket baron of Lowth, Robert Barnwell baron of Trymletstoune, Myles Bourke viscount Mayo, Connor Magwyre baron of Enniskillen, Nicholas Preston viscount Gormanstowne, Nicholas Nettervill, viscount Nettervill of Lowth, John Bramhall late Bishop of Derry, (with eighty-one baronets, knights and gentlemen mentioned by name) be excepted from pardon of life and estate.
5. That all and every person & persons (both principalls and accessories) who since the first day of October 1641 have or shall kill, slay or otherwise destroy any person or persons in Ireland w'ch at ye time of their being soe killed, slaine or destroyed were not publiquely enterteined, and mainteyned in armes as officers or private souldiers for and on behalfe of the English against ye Irish, and all and every person and persons (both principals and accessories) who since the said first day of October 1641 have killed slayne or otherwise destroyed any person or persons entertained and mainteyned as officers or private souldiers for and on behalfe of the English, against the Irish (the said persons soe killing, slaying or otherwise destroying, not being then publiquely enterteyned and mainteyned in armes as officer or private souldier vnder the comand and pay of ye Irish against the English) be excepted from pardon for life and estate.
6. That all and every person & persons in Ireland that are in armes or otherwise in hostilitie against ye Parliam't of ye Commonwealth of England, and shall not wthin eight and twenty dayes after publicacon hereof by ye deputy gen'll of Ireland, and ye comission'rs for the Parliam't, lay downs armes & submitt to ye power and authoritie of ye said Parliam't & commonwealth as ye same is now established, be excepted from pardon for life and estate.