Act for the Settlement of Ireland 1652
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The Act for the Settlement of Ireland 1652 was passed by the Long Parliament, who had taken power in England after the English Civil War, after the Cromwellian conquest of Ireland, itself at least partially in response to the Irish Rebellion of 1641.
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[edit] Preamble
Whereas the Parliament of England, after the expense of much blood and treasure for suppression of the horrid rebellion in Ireland, have by the good hand of God upon their undertakings, brought that affair to such an issue, as that a total reducement and settlement of that nation may, with God's blessing, be speedily effected...
[edit] Application
Ten1 named leaders of the Royalist forces in Ireland, together with anyone2 who had participated in the Irish Rebellion’s early stages and who had killed an Englishman other than in battle, lost their lives and estates. The Act made a distinction between the rebels of 1641—who were deemed unlawful combatants—as against those who had fought in the regular armies of Confederate Ireland, who were treated as legitimate combatants provided that they had surrendered before the end of 1652. The 1641 rebels and the above mentioned Royalist leaders were not included in the pardon given to soldiers who had surrendered: they were to be executed when captured. Roman Catholic clergy were also excluded from the pardon, as the Cromwellians held them responable by fomenting the 1641 Rebellion. Their lives were also forfeit if captured.
The remaining leaders of the Irish army lost two-thirds of their estates. To have been merely a bystander was itself a crime and anyone who had resided in Ireland any time from October 1, 1649, to March 1, 1650 and had not “manifested their constant good affection to the interest of the Commonwealth of England” lost one-third of their land. The Commissioners in Ireland had power to give them, in lieu thereof, other (poorer) lands in Connacht or Clare in proportion of value and were authorised “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.” This they interpreted liberally and ordered all Irish land owners to leave for those lands before 1 May, 1654 or be executed. (Hence the expression, “To Hell or to Connaught”). Protestant Royalists, on the other hand, could avoid land confiscations if they had surrendered by May 1650 and had paid fines to the Parliamentarian government.
[edit] Plantation
Main article: The Cromwellian Plantation
In the next of the Plantations of Ireland, the confiscated land was granted to the “Adventurers” who had joined the conquering army. (The “settlement” refers to settling of scores, not to settlers. The new owners were known as “planters.”) The Adventurers were financiers who had loaned the Parliament money during the Wars of the Three Kingdoms. Many of Ireland’s pre-war Protestant inhabitants also took advantage of the confiscation of Catholic-owned land to increase their own holdings. In addition, smaller grants of land were given to 12,000 veterans of the New Model Army who had served in Ireland.
[edit] Confirmation
In June 1657, the Act of Settlement 1657 “for the Assuring, Confirming and Settling of lands and estates in Ireland” ratified previous decrees, judgments, grants and instructions made or given by the various officers and councils in applying the 1652 Act.
[edit] Mitigation
In 1662, a further Act of Settlement 1662 (after the English Restoration) aimed to reduce its effect on Protestant and “innocent Catholics.” This Act returned some lands to prominent Irish Royalists, but left most of the land confiscateed from Irish Catholics in Protestant hands.
Note 1: James Butler Earl of Ormond, James Touchet Earl of Castlehaven, Ulick Bourke Earl of Clanricarde, Christopher Plunket Earl of Fingal, James Dillon Earl of Roscommon, Richard Nugent Earl of Westmeath, Morrogh O’Brien Baron of Inchiquin, Donogh MacCarthy Viscount Muskerry, Theobald Taaffe Viscount Taaffe of Corren, Richard Butler Viscount Mountgarret.
Note 2: “all and every person and persons, who at any time before the tenth day of November, 1642 (being the time of the sitting of the first General Assembly at Kilkenny in Ireland), have contrived, advised, counselled, promoted, or acted, the rebellion, murders, or massacres done or committed in Ireland, which began in the year 1641; or have at any time before the said tenth day of November, 1642, by bearing arms, or contributing men, arms, horse, plate, money, victual, or other furniture or hablements of war (other than such which they shall make to appear to have been taken from them by mere force and violence), aided, assisted, promoted, acted, prosecuted, or abetted the said rebellion, murders, or massacres”;
“all and every Jesuit, priest, and other person or persons who have received orders from the Pope or See of Rome, or any authority derived from the same, that have any ways contrived, advised, counselled, promoted, continued, countenanced, aided, assisted, or abetted; or at any time hereafter shall any ways contrive, advise, counsel, promote, continue, countenance, aid, assist, or abet the rebellion or war in Ireland, or any the murders or massacres, robberies, or violences committed against the Protestants, English, or others there.”
“and every person and persons (both principals and accessories) who since the first of October, 1641, have or shall kill, slay, or otherwise destroy any person or persons in Ireland, which at the time of their being so killed, slain, or destroyed, were not publicly entertained and maintained in arms as officers or private soldiers, for and on behalf of the English against the Irish; and all and every person and persons (both principals and accessories) who since the said first day of October, 1641, have killed, slain, or otherwise 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).”
[edit] External links
The full text of the Act can be found at [1]
