Page:Petty 1851 The Down Survey.djvu/411

 that all and every person and persons of the Irish nation comprehended in any of the qualifications in that Act contained should be lyable to the penalties and forfeitures therein mentioned and contained, or be made capable of the mercy and pardon therein extended respectively, as is expressed and declared in the said Act and qualifications, to the end that no person or persons who is not comprehended within the said qualifications, or any of them, may receive prejudice in his lands or estate, and that every person to whom it doth belong may enjoy the mercy and favor intended unto him by the said Act. You are hereby authorized to receive, hear, and finally determine the complaints and claims of all and every such person and persons as shall before or within such time as you shall appoint, not exceeding forty days at the most, after his or their lands shall be surveyed as aforesaid, are hereby authorized and impowered to examine witnesses upon oath for charging or clearing such person or persons. And you shall thereupon transmit a copy of such your determination unto the register for the said lands, to be by him entred in a book for that purpose, according to which determination so certified the lands of such person or persons shall be either discharged or disposed of as other forfeited lands.

Provided that nothing herein contained shall extend to the surveying, admeasurement, or setting forth any of the honors, manors, lands, tenements, or hereditaments in Ireland, given or granted since the first day of November, in the year one thousand six hundred forty-one, by any Act, ordinance, or order of Parliament, to any person or persons whatsoever, or unto their heirs or assigns; nor to the manor of Blarny, in the county of Cork, with the lands, tenements, and hereditaments thereupon belonging.

And whereas for the lessening of the charge of the Commonwealth, and easing of the inhabitants of Ireland, it is resolved that part of the present army in Ireland be forthwith disbanded, and forasmuch as the surveying and dividing the ten counties aforesaid, and the determining the lots between the adventurers and soldiers touching the same, must necessarily be perfected before the soldiers can receive satisfaction of their arrears out of any of the forfeited lands in those counties, which will unavoidably require so much time as would be an occasion of a great charge to the Commonwealth in case such disbanding should be so long delayed. And it being evident that if the soldiers should be disbanded before they can receive satisfaction for their arrears, they would be exposed to great extremity, if not to utter ruine. To the end therefore such officers and soldiers as shall be so disbanded, may, immediately upon their disbanding, receive such proportions of land as may satisfie the arrears grown due unto them since the fifth of June, one thousand six hundred forty-nine, and be put into a way of planting, and the better enabled to subsist. You are hereby authorized and impowered, out of such of the forfeited lands (as are not already disposed of by any Act, ordinance, or order of Parliament) lying within any such five counties in Ireland as you shall think fit (other then the counties of Dublin, Kildare, and Caterlaugh, in the province of Leinster, and Cork in the province of Munster, and other then the eleven counties herein by name appointed to be surveyed) to set forth or cause to be set forth unto each of the officers and soldiers to be disbanded as aforesaid (clear of all such claims and titles provided for in the foregoing instructions) proportions of profitable land, by estimation or gross survey of the Rh