7. That all other person & persons (not being comprehended in any of ye former Qualifications,) who have borne comaund in the warre of Ireland against the Parliam't of England or their forces, as generall, leift'ts generall, major gen'll, commissary generall, colonell, Gouerno'rs of any garrison, Castle or Forte, or who have been imployed as receaver gen'll or Treasurer of the whole Nation, or any prouince thereof, Comissarie gen'll of musters, or prouissions, Marshall generall or marshall of any province, advocate to ye army, secretary to ye councell of warre, or to any generall of the army, or of any the seuerall prouinces, in order to the carrying on the warre, against the parliam't or their forces, be banished dureing the pleasure of the parliam't of ye Com'wealth of England, and their estates forfeited & disposed of as followeth, (viz.) That two third partes of their respective estates, be had taken & disposed of for the vse & benefitt of the said Com'wealth, and that ye other third parte of their said respective estates, or other lands to ye proporcon & value thereof (to bee assigned in such places in Ireland as the Parliam't in order to ye more effectual settlem' of ye peace of this Nation shall thinke fitt to appoint for that purpose,) be respectiuely had taken and enioyed by ye wifes and children of the said persons respectively.
8. That ye deputy gen'll and comission'rs of parliam't have power to declare, That such person or persons as they shall judge capeable of ye parliam'ts mercie (not being comprehended in any of ye former qualifications) who have borne armes against the Parliam't of England or their forces, and have layd downe armes, or within eight & twenty dayes after publicacon hereof by ye deputy gen'll of Ireland and ye Comissioners for ye parliam't, shall lay downe armes & submit to ye power & authoritie of ye said parliam't & com'wealth as ye same is now established, (by promising & ingaging to be true to ye same) shal be pardoned for their liues, but shall forfeit their estates, to the said comonwealth to be disposed of as followeth (viz.) Two third partes thereof (in three equall partes to bee diuided) for the vse benefitt & aduantage of ye said ComOnwealth, and ye other third parte of the said respective states, or other lands to ye proporcon or value thereof) to bee assigned in such places in Ireland as the parliam't in order to ye more effectual settlement of the peace of the Nation shall thinke fitt to appoint for that purpose (bee enioyed by ye said persons their heires or assigns respectively) provided, That in case the deputy gen'll Comission'rs or either of them, shall see cause to give any shorter time than twenty-eight dayes, vnto any person or persons in armes, or any Guarrison, Castle, or Forte, in hostilitie against the Parliam't & shall giue notice to such person or persons in armes or in any Guarrison, Castle or Forte, That all and every such person & persons who shall not wthin such time as shal be sett downe in such notice surrender such Guarrison, Castle, or Forte to ye parliam't, and lay downe armes, shall haue noe advantage of ye time formerly limited in this Qualificacon.
9. That all and every person & persons who have recided in Ireland at any time from the first day of October 1641, to ye first of March 1650, and haue not beene in actuall service of ye parliam't at any time from ye first of August 1649, to the said first of March 1650, or have not otherwise manifested their constant good affections to the interest of ye Comonwealth of England (the said Persons not being comprehended in any of the former Qualificacons) shall forfeit their estates in Ireland to the said Comonwealth to be disposed of as followeth, (viz.), one third parte thereof for the vse, benefitt, and advantage of the said Comonwealth, and the other two third partes of their respective estates, or other lands to the proporcon or value thereof (to bee assigned in such places in Ireland, as ye Parliam't for ye more effectual settlement of ye peace of the Nation shall thinke fitt to appoint for that purpose) bee enioyed by such person or persons their heires or assigns respectively.
10. That all and every person & persons (haueing noe reall estate in Ireland nor personall Estate to the value of ten pounds,) that shall lay downe armes, and submitt to the power and Authoritie of the Parliament by the time limited in the former Qualificacon, & shall take & subscribe the engagem't to be true and faithfull to the Comonwealth of England as the same is now established, within such time and in such manner, as the deputy Generall & commission'rs for the Parliam't shall appoint and direct, such persons (not being excepted from pardon nor adiuged for banishm't by any of the former Qualificacons) shal be pardoned for life & estate, for any act or thing by them done in prosecution of the warre.
11. That all estates declared by the Qualificacons concerning rebells or delinquents in Ireland to be forfeited shal be construed, adiuged & taken to all intents and purposes to extend to ye forfeitures of all estates tayle, and also of all rights & titles thereunto which since the fiue and twentith of March 1639, have beene or shal be in such rebells or delinquents, or any other in trust for them or any of them, or their or any of their vses, w'th all reversions & remainders thereupon in any other person or persons whatsoever.
And also to the forfeiture of all estates limitted, appointed, conveyed, settled, or vested in any person or persons declared by the said Qualificacons to be rebells or delinquents with all reversions or remainders of such estates, conueyed, uested, limitted, declared or appointed to any the heires, children, issues, or others of the blood, name, or kindred of such rebells or delinquents, w'ch estate or estates remainders or reuersions since the 25th of March 1639 have beene or shal be in such rebells or delinquents, or in any their heires, children, issues or others of the blood, name, or kindred of such rebells or delinquents.
And to all estates graunted, limitted, appointed or conueyed by any such rebells or delinquents vnto any their heires, children, issue, w'th all the reversions and remainders thereupon, in any other person of the name, blood or kindred of such rebells or delinquents, provided that this shall not extend to make voyd the estates of any English Protestants, who haue constantly adhered to the parliam't w'ch were by them purchased for valuable consideracon before ye 23rd of October 1641, or vpon like valuable consideracon mortgaged to them before ye tyme or to any person or persons in trust for them for satisfaction of debts owing to them.
NOTE G, p. 396.
I have not been able to ascertain the number of Catholic clergymen who were executed or banished for their religion under Charles I., and under the commonwealth. But I possess an original document, authenticated by the signatures of the parties concerned, which contains the names and fate of such Catholic priests as were apprehended and prosecuted in London between the end of 1640 and the summer of 1651 by four individuals, who had formed themselves into a kind of joint-stock company for that laudable purpose, and who solicited from the council some reward for their services. It should, however, be remembered that there were many others engaged in the same pursuit, and consequently many other victims besides those who are here enumerated.
"The names of such Jesuits and Romish priests as have been apprehended and prosecuted by Capt James Wadsworth, Francis Newton, Thomas Mayo, and Robert de Luke, messengers, at our proper charge; whereof some have been condemned; some executed, and some reprieved since the beginning of the parliament (3 Nov. 1640); the like having not been done by any others since the reformation of religion in this nation:—