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wise destroyed any person or persons entertained and 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 publicly entertained and maintained in arms as officer or private soldier under the command and pay of the Irish nation against the English), be excepted from pardon for life and estate.
V. That all and every person and persons in Ireland, that are in arms or otherwise in hostility against the Parliament of the Commonwealth of England, and shall not within eight and twenty days after publication hereof by the Commissioners for the Parliament, or Commander-in-Chief, lay down arms and submit to the power and authority of the said Parliament and Commonwealth, as the same is now established, be excepted from pardon for life and estate.
VI. That all other person and persons (not being comprehended in any of the former qualifications) who have borne command in the war of Ireland against the Parliament of England, or their forces, as general, lieutenant-general, majorgeneral, commissary-general, colonel, governor of any garrison, castle, or fort, or who have been employed as receivergeneral or treasurer of the whole nation or any province thereof, commissary-general of musters or provisions; marshalgeneral, or marshal of any province, advocate of the army, or secretary to the Council of War, or to any general of the army, or of any the several provinces, in order to the carrying on the war against the Parliament or their forces, be banished during the pleasure of the Parliament of the Commonwealth of England, and their estates forfeited and disposed of as followeth, viz. that two-third parts of their respective estates be had, taken, and disposed of for the use and benefit of the said Commonwealth ; and that the other third part of their said respective estates or other lands, to the proportion and value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual settlement of the peace of this nation, shall think fit to appoint for that purpose) be respectively had, taken, and enjoyed by the wives and children of the said persons respectively.
VII. That the Commissioners of Parliament and Commander-in-Chief have power to declare, that such person or persons as they shall judge capable of the Parliament's merey (not being comprehended in any of the former quali
fications), who have borne arms against the Parliament of England or their forces, and have laid down arms, or within eight and twenty days after publication hereof by the Commissioners for the Parliament, and the Commander-inChief, shall lay down arms and submit to the power and authority of the said Parliament and Commonwealth, as the same is now established (by promising and engaging to be true to the same), shall be pardoned for their lives, but shall forfeit their estates to the said Commonwealth, to be disposed of as followeth, viz. two third parts thereof (in three equal parts to be divided) for the use, benefit, and advantage of the said Commonwealth, and the other third part of the said respective estates or other lands, to the proportion or value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual settlement of the peace of that nation shall think fit to appoint for that purpose), be enjoyed by the said persons, their heirs or assigns respectively, provided, that in case the Commissioners and Commander-in-Chief, or either of them, shall see cause to give any shorter time than twentyeight days, unto any person or persons in arms, or in any garrison, castle, or fort in hostility against the Parliament, and shall give notice to such person or persons in arms, or in any garrison, castle, or fort, that all and
person and persons who shall not within such time as shall be set down in such notice, surrender such garrison, castle, or fort to the power of the Parliament, and lay down arms, shall have no advantage of the time formerly limited in this qualification.
VIII. That all and every person and persons of the Popish Religion, who have resided in Ireland at any time from the first day of October, 1641, to the first of March, 1650, and have not manifested their constant good affection to the interest of the Commonwealth of England (the said persons not being comprehended in any of the former qualifications), shall forfeit one third part of their estates in Ireland to the said Commonwealth, to be disposed of for the use, benefit, and advantage of the said Commonwealth ; and the other two third parts of their respective estates or other lands, to the proportion or value thereof, to be assigned in such place in Ireland, as the Parliament, for the more effectual settlement of the peace of that nation, shall think fit to appoint for that purpose, be enjoyed by such person or persons, their heirs or assigns respectively: and that all
other persons who have resided in Ireland within the time aforesaid, and have not been in actual service for the Parliament, or otherwise manifested their good affections to the interest of the Parliament of England, having opportunity to do the same, shall forfeit one fifth part of their estates to the use of the said Commonwealth.
IX. That all and every person and persons (having no real estate in Ireland, nor personal estate to the value of ten pounds) that shall lay down arms, and submit to the power and authority of the Parliament by the time limited in the former qualifications, and shall take and subscribe the engagement, to be true and faithful to the Commonwealth of England, as the same is now established, within such time and in such manner as the Commissioners for the Parliament and Commander-in-Chief shall appoint and direct, such persons (not being excepted from pardon, nor adjudged for banishment by any of the former qualifications) shall be pardoned for life and estate for any act or thing by them done in prosecution of the war.
X. That all estates declared by the former qualifications concerning rebels or delinquents in Ireland to be forfeited, shall be construed, adjudged, and taken, to all intents and purposes, to extend to the forfeitures of all estates tail, and also of all rights and titles thereunto, which since the five and twentieth of March, 1639, have been or shall be in such rebels or delinquents, or any other in trust for them or any of them, or their or any of their uses, with all reversions and remainders thereupon, in any other person or persons whatsoever : and also to the forfeiture of all estates limited, appointed, conveyed, settled, or vested in any person or persons declared by the said qualifications to be rebels or delinquents, with all reversions or remainders of such estates conveyed, vested, limited, declared, or appointed to any the heirs, children, or issues of such rebel or delinquent; which estate or estates, remainders, or reversions since the five and twentieth of March, 1639, have been or shall be in such rebels or delinquents, or in any their heirs, children, or issues of such rebels or delinquents, and to all estates granted, limited, appointed, or conveyed by any such rebels or delinquents, unto any their heirs, children, or issue, with all the reversions and remainders thereupon: provided, that this shall not extend to make void the estates of any English Protestants, who have constantly adhered to the Parliament, which were by them purchased for valuable consideration before the three and twentieth of October, 1641; or upon like valuable consideration mortgaged to them before that time, or to any person or persons in trust for them for satisfaction of debts owing to them.
Provided, that if any person or persons excepted by name or otherwise, comprehended in these qualifications, have been comprised within any articles granted unto them, or agreed upon between them and any commander of the Parliament's forces thereto authorised, that such person or persons shall nevertheless enjoy the benefit of those articles, in case the Commissioners of Parliament in Ireland shall adjudge them to be comprised therein ; and that they have observed and kept, and continue to observe and keep the Articles on their parts, and that nevertheless it shall be in the power of the Parliament, or their Commissioners, if they see cause, to transplant such persons from the respective places of their usual habitation or residence, into such other places within that nation, as shall be judged most consistent with public safety, allowing them such proportion of land or estate in the parts to which they shall be transplanted, as they had or should have enjoyed of their own other where, in case they had not been so removed.
85. DECLARATION BY THE LORD GENERAL AND THE COUNCIL
ON THE DISSOLUTION OF THE LONG PARLIAMENT. [April 22, 1643. Old Parliamentary History, xx. 137. See Masson's
Life of Milton, iv. 498.] Our intention is not to give an account, at this time, of the grounds which first moved us to take up arms, and engage our lives and all that was dear unto us in this cause ; nor to mind, in this declaration, the various dispensations through which Divine Providence hath led us, or the witness the Lord hath borne, and the many signal testimonies of acceptance which He hath given, to the sincere endeavours of His unworthy servants, whilst they were contesting with the many and great difficulties, as well in the wars, as other transactions in the three nations ; being necessitated, for the defence of the same cause they first asserted, to have recourse unto extraordinary actions, the same being evident by former declarations published on that behalf.
After it had pleased God not only to reduce Ireland and give in Scotland, but so marvellously to appear for His people at Worcester, that these nations were reduced to a great degree of peace, and England to perfect quiet, and thereby the Parliament had opportunity to give the people the harvest of all their labour, blood, and treasure, and to settle a due liberty both in reference to civil and spiritual things, whereunto they were obliged by their duty, their engagements, as also the great and wonderful things which God hath wrought for them ; it was matter of much grief to the good and well-affected of the land to observe the little progress which was made therein, who thereupon applied to the army, expecting redress by their means; notwithstanding which, the army being unwilling to meddle with the civil authority in matters so properly appertaining to it, it was agreed that his Excellency and officers of the army which were members of Parliament, should be desired to move the Parliament to proceed vigorously in reforming what was amiss in government, and to the settling of the Commonwealth upon a foundation of justice and righteousness ; which having done, we hoped that the Parliament would seasonably have answered our expectation : but finding, to our grief, delays therein, we renewed our desires in an humble petition to them, which was presented in August last ; and although they at that time, signifying their good acceptance thereof, returned us thanks and referred the particulars thereof to a Committee of the House, yet no considerable effect was produced, nor any such progress made, as might imply their real intentions to accomplish what was petitioned for ; but, on the contrary, there more and more appeared amongst them an aversion to the things themselves, with much bitterness and opposition to the people of God, and His spirit acting in them; which grew so prevalent, that those persons of honour and integrity amongst them, who had eminently appeared for God and the public good, both before and throughout this war, were rendered of no further use in Parliament, than by meeting with a corrupt party to give them countenance to carry on their ends, and for effecting the desire they had of perpetuating themselves in the supreme government, for which purpose the said party long opposed, and frequently declared themselves against having a new representative: and when they saw themselves necessitated to take that Bill into consideration,