AN ORDINANCE FOR INDEMPNITY TO THE English Protestants of the Province of Munster in IRELAND.

[seal of the Commonwealth]

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

Henry Scobell, Clerk of the Council.

London, Printed by William du-Gard and Henry Hills, Printers to His Highness the Lord Protector, 1654.

[seal of the Commonwealth]


AN ORDINANCE For INDEMPNITY 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 policy 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, [Page 468] did give a real and eminent testimony thereof in their voluntary rendition of the Towns of Cork, Youghal, Kinsale, 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 ren­dred [...]h [...] access thereof unto them improbable; By means of which rendition divers places of great strength were gained without expence of blood and treasure, and the necessities of the Army supplyed by that plentiful Countrey, where many sick and wounded Souldiers were tenderly cherished and provided for by the said Brittish and English Protestants; And divers o­thers of the said Brittish and English Protestants did before the first of December, One thousand six hundred and fourty nine submit themselvs, 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 sense of duty and good affection to the same; and the inferiour sort of them, who continued under the command of the said Earl of Ormond and Lord Inchiquin until ne­cessity inforced them to a submission, have since their said submission done faithful service to this Common-wealth against the Rebells 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 Parlament of the Commonwealth of England, and being desirous that the same may be duly performed [Page 469] and 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 and faithfulness since, tast of some grace and favour; And to the end their persons may be secure, their mindes 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 usefull to the Common­wealth; 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 of Ireland, shall be, and are hereby freed, ac­quitted and discharged of, and from all Que­stions, Suit, Plea, Demand, Forfeitures, Pains, Penalties, Mulcts, Corporal or Pe­cunia [...]y Restraints, Imprisonment or Impri­sonments, Punishment or Pun [...]shments, Trouble or Molestation whatsoever (other then is hereafter in this Ordinance expressed) for any Matter or Th [...]ng by them or any of them committed or done by Sea or Land a­gainst the Parlament or their Forces in the late War, or any of the former Warrs; and that for the matters aforesaid, there shall be no Sequestration, Confiscation, Fine, Penal­ty, Forfeiture or Punishment imposed or con­t [...]nued 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 [Page 470] as is hereafter in this Ordinance excepted and provided) shal 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 lawfull Rights, Free­domes, Privileges 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 Common­wealth of England or the Authority thereof.

Provided, That this Ordinance or any thing herein contained shall not extend to, or give any Power, Right, Privilege 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, before his or their defection un­der the Lords of Ormond and Inchiquin, such only excepted for whom express provision is hereafter made in this Ordinance.

Provided likewise, And be it Ordained by the Authority aforesaid, That all and every the person and persons, who submitted to the Authority and Protection of the Common­wealth of England before the first of December one thousand six hundred forty 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, accor­ing to the value of the said Lands in the year one thousand six hundred thirty eight, [Page 471] 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 Moneths after the seven and twen­tieth day of June one thousand six hundred fifty 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 ly­able to satisfy and pay such fine or fines, as shall by persons thereunto authorized be set and imposed on them respectively, within twelve Moneths after the said seven and twentieth day of June 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 concerned, who since their aforesaid submission have acted or done any matter or thing in opposition to the Com­wealth 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 [Page 472] and appointed in an Act for stating and deter­mining the Accompts of such Officers and Souldiers as are or have been improyed in the service of this Commonwealth 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 Dete­ction, 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 only 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 find to have been forward in or promoting of the said return in Munster to the obedience of this Common­wealth, 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 Parla­ment, and to give forth unto them Debeniurs accordingly, any thing in the said former Act [Page 473] for stating Accompts, or any other Act, De­claration, Ordinance or Order or Parlament 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 sa [...]d Arrears so stated, forfeited Lands of the Rebells in Ire­land, in like manner, and upon the same terms as other Officers or Souldiers are or shall be appointed by any Act of Parlament to rece [...]ve for their Arrears, grown due for serv [...]ce before the nine and twentieth of June, one thousand six hundred forty and nine.

Provided alwaies, That no Officer or Souldier shall be capable of having or recei­ving his Arrears as aforesaid, who hath been in hostility against the Parlament, or adhered to the Enemy since the first day of December one thousand six hundred forty and nine, or hath not manifesied constant good affect [...]n to the Parlament since the return of the said Garrisons and Forts in the Prov [...]nce of M [...] ­ster to their due obedience, or who hath been cashiered and sentenced by a Court Martial to loose 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 s [...]at [...]ng Accompts, concerning the Certificats or Vou­chers to be produced to evidence any Arrears, [Page 474] 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, therby faudulently to demand Arrears in prejudice of the Common-wealth.

Excepted and alwaies 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 Parlament; entituled, An Act for the settling of Ireland, bearing date the twelveth day of August, one thousand six hundred fifty and two, or who have no 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 Authority 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.

Henry Scobell, Clerk of the Council.

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