AN ORDINANCE FOR INDEMPNITIE TO THE ENGLISH PROTESTANTS of the PROVINCE of MƲNSTER IN IRELAND.

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ORdered by his Highness the Lord Protector, and his Council; That this Ordinance be forthwith Printed and Published.

Henry Scobell, Clerk of the Council.

DƲBLIN, Re-printed by WILLIAM BLADEN. An. Dom. 1654.

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AN ORDINANCE FOR INDEMPNITIE to the English Protestants of the Province of Munster in Ireland.

WHereas many English and Brittish Prote­stants in the Province of Munster in Ireland, upon the defection of the Lords Ormond and Inchiquin, were sedu­ced and drawn by the power and policie of the said Lords to fol­low them in their trea­cherous revolt, where­of divers being sensi­ble of their offence, and retaining still a good affe­ction to the interest of the Common-wealth of England, did give a real and eminent testimony thereof in their [Page 2] voluntary rendition of the Towns of Cork, Youghal, K [...]ale Bandon, and divers Forts, Castles, and other Garrisons adjacent, and that at a time when the Ar­my under the Command of his Highness the Lord Pro­tector then Lord Lieuten. of Ireland, being at a great distance from them, and the winter season rendered the access thereof unto them improvable; By means of which rendition divers places of great strength were gained without expence of bloud & treasure, and y e neces­sities of the Army supplyed by that plentiful Countrey, where many look and wounded Souldiers were tender­ly cherished and provided for by the said Brittish and Eng­lish Protestants; And divers others of the said Brittish and E [...]glish Protestants did before the first of December, One thousand, six hundred and fourty nine, submit themselves, and have ever since not onely lived peace­ably under the Protection of, and obedience to the Com­mon-wealth, but have by their large contributions to the supply of the Army there evidenced their sence of du­ty and good affection to the same, and the inferior sort of them, who continued under the command of the said Earl of O [...]ond and Lord [...]chiquin until necessity in­forced them to a submission, have since their said sub­mission done faithful service to this Common-wealth against the Rebels there. His Highness the Lord Pro­tector taking into consideration the concessions granted by his Highness to invite the Return of the said Revol­ters to the obedience of the Parliament of the Common-wealth of England, and being desirous y e the same may be duly performed & that all such as were mis-led into that defection by misrepresentations from their Command­ers, or by their power over them were kept from a more early submission, might in respect of their service & faith­fulness since, tast of some grace and favour; And to the end their persons may be secure, their minds composed, and they may be encouraged to persist in their fidelity and obedience, and themselves, their wives and chil­dren be enabled to live, and be useful to the Common-wealth: [Page 3] Be it Ordained by His Highness by and with the advice and consent of his Council, That all persons Brittish and Protestants of, or in the Province of Mun­ster in the Realm Ireland, shall be, and are hereby freed, acquitted and discharged of, and from all Questions, Suit, Plea, Demand, Forfeitures, Pains, Penal­ties, Mulcts, Corporal or Pecuniary Restraints, Imprisonment or Imprisonments, Punishment or Punishments, Trouble or Molestation whatsoever (other than is hereafter in this Ordinance expressed) for any Matter or Thing by them or any of them com­mitted or done by Sea or Land against the Parlia­ment or their Forces in the late War, or any of the for­mer Wars; and that for the matters aforesaid, there shall be no Sequestration, Confiscation, Fine, Penal­tie, Forfeiture or Punishment imposed or continued upon them or any of them (otherwise than is in this Ordinance hereafter expressed) but the same shall be put in perpetual oblivion. And also that the Estates real and personal of all the Brittish and Protestants of, or in the Province of Munster aforesaid, (except as is hereaf­ter in this Ordinance excepted and provided) shall be and are hereby freed, discharged and acquitted of and from all Sequestrations, Confiscations, Fines, Pe­nalties and Forfeitures whatsoever, for any Matter or Thing by them or any of them committed or done in the aforesaid Wars, and be immediately restored to all lawful Rights, Freedoms, Priviledges and Immuni­ties as fully to all intents and purposes, as if they had made no defection, or committed or done any Crime, Matter or Thing against the Common-wealth of Eng­land or the Authoritie thereof.

Provided, That this Ordinance or any thing here­in contained shall not extend to or give any Power, Right, Priviledge or Advantage to any the person or persons herein concerned to have or recover any arrear or satisfaction of arrears due to him or them for his or their service done on the behalf of the Common-wealth, [Page 4] before his or their defection under the Lords of Ormond and Inchiquin, such onely excepted for whom express pro­vision is hereafter made in this Ordinance.

Provided likewise, And be it Ordained by the Autho­ritie aforesaid, That all and every the person and per­sons, who submitted to the Authoritie and Protection of the Common-wealth of England before the first of De­cember One thousand six hundred fourty and nine, but were not Instrumental in the rendition of the Gar­risons aforesaid, and have Estates (above all reprizes) in lands to the clear yearly value of four hundred pounds and upwards, according to the value of the said Lands in the year One thousand six hundred thirty eight, or in Goods, or in Goods and Chattles at this present to the value of eight thousand pounds and up­wards, shall be lyable to satisfy and pay such Fine or Fines as shall by persons thereto authorized be im­posed on them, within twelve Months after the seven and twentieth day of Iune One thousand six hundred fif­tie and four.

Provided also, and be it Ordained, That all and every the person and persons who continued in Arms against the Forces of the Common-wealth of England, or remained in obedience to the Enemy, after the first day of December One thousand six hundred and fourty nine, having Estates in Lands to the clear yearly value (above all reprizes) of fifty pounds or upwards, accor­ding to the value the said Lands were worth in the year One thousand six hundred thirty eight▪ or at present in goods and Chattles to the value of five hundred pounds or upwards, shall be and are hereby liable to satisfy and pay such fine or fines, as shall by persons thereunto au­thorized be set and imposed on them respectively, with­in twelve Months after the said seven and twentieth day of Iune aforesaid.

Provided likewise, That neither this Ordinance, nor any thing therein contained shall extend or give any benefit or advantage to any person or persons therein [Page] [Page] [Page 5] concerned, who since their aforesaid submission have acted or done any matter or thing in opposition to the Common-wealth of England or the Authority thereof.

And it is further Ordained and Declared by the Au­thority aforesaid, That the Commissioners for stating Accompts in Ireland, named and appointed in an Act for stating and determining the Accompts of such Officers and Souldiers as are or have been imployed in the ser­vice of this Common-wealth in Ireland, shall be and are hereby impowred and required to state all and every the Accompts of such Officers and Souldiers for their Arrears grown due for service before the said Revolt or Defection, whose names shall be certified by and ac­cording to such Qualifications and Directions as they shall receive from the Lord Deputy and Council in Ire­land in that behalf. And the said Lord Deputy and Council are hereby authorized and appointed to admit to this benefit, such onely of the persons included with­in the Concessions first above mentioned, as they (upon the best inquiry and information they can gain upon the place) shall finde to have been forward in or promoting of the said return in Munster to the obedience of this Common-wealth, and to lay down such general rules, or Qualifications for the guidance of the said Commis­sioners of Accompts therein as they shall see cause. And the said Commissioners for Accompts shall there­upon proceed to state the Accompts of such of the said Officers and Souldiers, or compounding with them for the same in like manner as they are by the said Act (Entituled, An Act for stating and determining the Ac­compts of such Officers and Souldiers as are or have been imployed in the Service of this Common-wealth in Ireland) authorized to do for the arrears of all other Officers or Souldiers, who have constantly adhered to the Parli­ament, and to give forth unto them Debentures accor­dingly, any thing in the said former Act for stating Ac­compts, or any other Act, Declaration, Ordinance or Order of Parliament to the contrary notwithstan­ding.

And be it further Ordained and Declared by the Au­thority aforesaid, That such of the said Officers and Souldiers shall have and receive in satisfaction of their said Arrears so stated, forfeited Lands of the Rebels in Ireland, in like manner, and upon the same terms as other Officers or Souldiers are or shall be appointed by any Act of Parliament to receive for their Arrears, grown due for service before the nine and twentieth of Iune one thousand six hundred fourty and nine.

Provided always, That no Officer or Souldier shall be capable of having or receiving his Arrears as aforesaid, who hath been in hostilitie against the Par­liament, or adhered to the Enemie since the first day of December one thousand six hundred fourty and nine, or hath not manifested constant good affection to the Parli­ament since the return of the said Garrisons and Forts in the Province of Munster to their due obedience, or who hath been cashiered and sentenced by a Court-Martial to lose his Arrears.

Provided also, That this Ordinance or any thing therein contained shall not extend to the taking away any Limitations or Restrictions Directed or Provided by the Act for stating Accompts, concerning the Certifi­cats or Vouchers to be produced to evidence any Ar­rears, nor to the making void any penalty by the said Act laid on any that shall make, procure or produce any false Certificate or Oath, thereby fraudulently to demand Arrears in prejudice of the Common-wealth.

Excepted and always reserved out of this present Ordinance and benefit thereof, All and every the per­son or persons who are by name exempted from pardon for life or Estate in one Act of Parliament, Entituled, An Act for the settling of Ireland, bearing date the twelfth day of August, one thousand six hundred fifty and two, or who have not since the tenth of May, One thousand six hundred and fifty, lived peaceably and inoffensively under the Protection of this Common-wealth.

And furthermore, It is Ordained and Declared by the Authoritie aforesaid, That the Indempnity by this Ordinance granted by the General Words, Clauses, and Sentences before rehearsed, shall be reputed, al­lowed and taken in all manner of Courts of Iustice, or elsewhere, most beneficial and available to all and sin­gular the persons to whom the same is hereby granted, and to every of them in all things not in this present Ordinance excepted, without any ambiguity, question, or other delay to be made, pleaded or objected by any person or persons, for or on the behalf of the Com­mon-wealth.

ORdered by his Highness the Lord Protector, and His Council, That this Ordinance be forthwith Printed and Published.

Hen: Scobell, Clerk of the Council.
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