IRE-

[coat of arms of the Commonwealth of England, circa 1653]

LAND.
¶ By the Lord Deputy and Council.

WHereas, notwithstanding the many wayes and means formerly Declared and Published for the prevention of the many Rapines, Murthers, Thefts, Burnings and Spoils, done and committed on the poor Inhabitants of this Nation, by To­ries, Irish Rebels, and other desperate persons, their Confederates and Accomplices; who, through the singular mer­cie of the Lord, having been driven from Garrisons, Castles, and places of strength, do now betake themselves to Bogs and Woods, and therely privatly lurking, and secretly watching for all opportunities to committ their said Rapines, Murthers, Thefts, Spoils, and other Insolencies, which, through the blessing of the Lord, might be prevented, if the Irish Inhabitants of this Nation (contrary to the Declarations held forth and published) did not privatly give or send relief, maintain­ance and succor unto them; whereby sundry persons living under the Protection of the English Government, and do not give such relief and succor unto such Tories, Irish Rebels and other confederates, are dayly taken out of their houses in the night time, and som­time set upon as they travel upon the Highway, and otherwise suddenly surprized by such desperate persons, and carryed into Woods and Bogs, and there are murthered, or kept in a miserable manner, in cold, nakedness and hunger; and their houses burned, and their goods stollen and carried away, until they do pay a ransom for their deliverance; whereby such desperate persons, as abovesaid, are em­boldened further to committ the like Insolencies upon others, to the great terror of the poor people that live in obedience, and under the Protection of His Highness the Lord Protector, and of the English Government. The Lord Deputy and Council taking the pre­mises into Consideration, have thought fit to Declare and Order, and do hereby Declare and Order.

I. That Watch and Ward, Hue and Cry be duely kept and observed in all parts of this Nation, according to Law, and the many Declarations formerly held forth and published to that purpose; and that due and frequent searches be made in all Towns and Villa­ges, for all Felons, Rogues, Vagabonds, and Idlers; and that they receive due punishment, according to Law; and that all Sherifs, Iustices of the Peace, Lords of Liberties, and all other Officers and Ministers of Iustice, within their respective Iurisdictions and Liber­ties, do cause all such persons as neglect to do their dutie in the premises, to be punished according to Law.

II. That in all Counties, Baronies and Towns where any persons (living under the obedience and Protection of the English Govern­ment) shall be taken out of his house or elswhere by any Tories, Rebels, or other their said Confederates and Accomplices, and mur­thered in the place where he is or shall be apprehended and taken; or in any other place afterwards; and the Murtherers, and other per­sons that committed such Murther, be not taken and apprehended, and brought before some Iustice of Peace, or other Officer or Minister of Iustice, to be punished according to Law: That then, the Officer commanding in chief in the County where such Murther is or shall be done and committed, together with one or more of the Iustices of the Peace of that County, do make diligent enquiry and search for such offenders, and use all good wayes and means for the apprehending of such person or persons as committed the said Murthers, and we reacting, aiding, and assisting thereunto; and committ them to Prison, there to be safely kept, till they be delivered by due course of Law. And in case such persons cannot be apprehended and taken, that then the said Officer commanding in chief, as aforesaid, and the Iustice and Iustices of the Peace, as aforesaid, shall and may, and they are hereby authorized and required to apprehend or cause to be apprehended, four persons that are of the Irish Nation and of the Popish Religion, residing or inhabiting in or near the place where such persons were so taken or Murthered, and that did not aid and assist the persons so taken and Murthered, nor cause the Murtherers and their Accomplices to be taken and apprehended; and such Officer, Iustice and Iustices of the Peace, or any two or more of them, shall and may committ such four persons to some Gaol or other safe custody, for the space of Twenty eight days; and if in that time and space the said Murtherers be not taken and brought to justice, that then it shall and may be lawfull to and for the said Officer, Iustice and Iustices of the Peace to send the said four persons to some convenient Port in this Nation, and there to be committed and kept in Pri­son, untill he or they shall be shipt away and sent to some of the English Plantations in America; and the Officer commanding in chief in such Port Town or County, or two or more of the Iustices of Peace in the said Port Town, or next adjoyning to the same, shall & may cause such persons to be shipt and sent away into some of the English Plantations in America; and to cause them to be safely kept in Pri­son, untill they shall be so shipt and sent away. And farther the said Officer commanding in chief in such Counties where such Murther is or shall be done and committed, and any one or more of the Iustices of the Peace of the said Counties where such Murther is or shall be done and committed, shall and may, and are hereby authorized and required to cause all the Irish Inhabitants of the Popish Religion, of that Barony, where such person was so taken and murthered, to be transplanted into the Province of Connaught or County of Clare, and there to be ordered and settled as other persons, formerly Declared to be transplantable into Connaught or Clare, ought to be ordered, settled, and provided for.

1 Provided, That no person of the Irish Nation be shipt or sent into America, as abovesaid, or transplanted, as abovesaid, that did aid and assist the person or persons, taken and murthered as abovesaid; or did keep Watch, and timely set up the Hue and Cry, and there­of shall make due proof before the said Officer commanding in chief, and the said Iustice of Peace.

2 Provided also, That no person be shipt away, or sent into any the English Plantations in America, as abovesaid; or transplanted as abovesaid, that have, or (before such Murther done and committed, as abovesaid) shall make due proof, before the Commissioners appointed for the Adjudication of the Qualifications mentioned in the Act of Settlement, of their constant good affection to the Interest of the Common-wealth of England; nor to such persons who are not Declared by the Instructions of the Councl of State in England, bearing date the 2 of Iuly 1653, and since confirmed by Parliament, to be persons liable to be transplanted into connaught or Countie of Clare.

3 Provided also, That no person be shipt or sent away into the English Plantations, as abovesaid, untill the Names of such persons be signified to the Lord Deputy and Council; with the grounds and reasons of the suspition of such persons who lave relieved such To­ries, Rebels, and their Confederates; or of their neglect of giving timely notice thereof; or of their neglect in dusing the Watch and Ward to be duely kept; but such persons shall be disposed of according to the Order of the Lord Deputy and Council.

III. That where any person or persons, that now or hereafter shall live peaceablie under the protection of the English Government, and so living and being, shall be taken and kept by Tories and Irish Rebels, in Bogs, Woods or other places, and by them put to ran­som, or otherwise imprisoned; or whose houses are or shall be burned, or their goods taken and driven away; or they, their Wives, Children, or servants maimed & abused by such Tories, Irish Rebels, and their Confederates: In all such cases, upon complaint thereof made to the Officer commanding in chief in such Countie where such Robberies, Thefts, Imprisonments, Maiming, or other Abuses, contrary to the Peace, shall be done and committed, or to the Sherif of the said County, or to any Iustice or Iustice of the Peace with­in the said Countie; the said Officer, Sherif, Iustice and Iustices of the Peace, or any two or more of them, shall and are hereby authori­zed to make due enquirie by whom such Robberies, Thefts, Imprisonments, Maimings, and other Abuses, contrary to the Peace, are and were done; and of their abetters, aiders, or assistants; and to cause all such offenders to be committed to Prison, and proceeded a­gainst according to Law; and in case the said offences done, were done by any Tories and Irish Rebels, or their Confederates, that are fled and cannot be found, that then enquiry is to be made by the said Iustices of the Peace and persons abovesaid, of any two or more of them, of all such person and persons, who did harbor, receive, lodge, or give any relief to such Tories, Rebels, or their Confede­rates; and all such persons, being Irish Inhabitants, residing in the Town and Parish where such offences were done and committed, and are Popish Recusan [...]s, that did not aid and assist such person or persons that were so robbed, spoiled, imprisoned and abused, as abovesaid; or that did not timely make Hue and Cry after such offenders, to be committed to safe custody for the space of six days; and if during that time the said offenders be not apprehended and taken, that then all such persons inhabiting and residing in the said Town and Parish, not aiding the persons to whom such trespasses were done, nor making such Hue and Cry, as abovesaid, they, their Wives, Children and servants shall and are hereby Declared to be persons transplantable into the said Province of Connaught and County of Clare. And the said Officer commanding in chief, the said Sherif, Iustice or Iustices of the Peace, or any two or more of them, whereof the said Of­ficer commanding in chief to be one, than may, and are hereby authorized and required to cause such persons, their Wives, Chil­dren and servants to go into Connaught and Countie of Clare; there to be ordered, settled and provided for, as other persons transplant­able are to be dealtwithall, or provided for, in the said Province of Connaught and County of Clare.

Thomas Herbert Clerk of the Council.

ORdered by the Lord Deputy and Council, that this Declaration be forthwith Printed and published.

Thomas Herbert Clerk of the Council.

DƲBLIN, Printed by WILLIAM BLADEN, 1655.

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