Irish Rebels Act 1640
1640 CHAPTER 37 16 Cha 1
An Act for the further advancement of an effectuall and speedy reduction of the Rebels in Ireland to the obedience of his Majestie and the Crowne of England. 

c. 33. ante.
c. 34. ante.; c. 35. ante.; All Persons, English, Scottish, Irish, and Dutch, being Protestants, may subscribe.; The Time for Payment.; On Payment, entitled to Allotments.Whereas in pursuance of three severall Acts of Parliament made this present Session (the first intituledAn Act for the speedie and effectuall reducing of the Rebells in His Majesties Kingdome of Ireland to theiredue obedience to His Majestie and to the Crowne of England And the second intituled An Act for adding unto andexplaining of certaine Clauses in another Act made this Parliament intituled An Act for the speedie and effectsuallreducing of the Rebels in His Majesties Kingdome of Ireland to theire due obedience to His Majestie and theCrowne of England And the third intituled An Act to inable Corporations and Bodies Politique to participate of thebenefit of an Act lately past intituled An Act for the speedie and effectuall reducing of the Rebels in His MajestiesKingdome of Ireland to theire due obedience to his Majestie and the Crowne of England diverse great su[m]ms of moneyhave beene subscribed some part whereof is already paid in to the purposes and persons mentioned in the said Acts anddiverse other well affected persons Bodies Politique and Corporate would subscribe and pay in diverse great su[m]ms ofmoney for the purposes and intents in the said Acts expressed if the times limited in the said Acts for subscribing andpaying in of the same were not already elapsed Be it therefore enacted by the King our Soveraigne Lord and by theLords and Commons in this present Parliament assembled and by the Authoritie of the same That all and everyperson and persons of the English Scotish Irish or Dutch Nation being Protestants in Religion and every BodyPolitique and Corporate of this Realme which at any time before the twentieth day of July in the yeare of our Lordone thousand six hundred fourty two shall underwrite or cause to be underwritten to the intents and purposes in allor any the said Acts menc[i]oned any su[m]m of money not being under the su[m]m of ten pounds and shall pay or cause tobe paid the fourth part thereof on or before the said twentieth day of July and the other three parts of the su[m]m orsu[m]ms so to be underwritten within three monthes three monthes and three monthes by equall porc[i]ons accomptingeight and twenty dayes to every moneth to be accompted to begin from the twentieth of July aforesaid and all thesaid su[m]ms to be underwritten at the Chamber of the City of London and to be paid to the four persons appointed toattend there by the said Acts or to any two of them who are hereby authorised and required to give Receipts for thesame and to enter the said su[m]ms and times of such subscription as aforesaid shall have to all and every such personand persons Bodies Politique and Corporate theire Heires Successors or Assignes respectively a proportionable shareof the Rebels Lands and of other Lands forfeited or to be forfeited by all or any of the said Acts according to thesu[m]ms to be by him or them underwritten and paid in as aforesaid under all other the Condic[i]ons Limitac[i]ons andProvisions which in all or any of the said Acts are expressed and in as large and beneficiall manner to all intentsand purposes as if such underwriting and payment had been at the dayes in the said Acts or either of them appointedor expressed
Time for Payment by such as have subscribed.
II. 
Allowance to such Persons of proportionable Number of Two Million and a Half of Acres.
And the better to invite all well affected persons Bodies Politique and Corporate to the bringing in of presentmoney for this service which will be the most effectuall meanes under God for the speedy subduing of the saidRebels. Be it therefore Enacted by the Authority aforesaid That all and every person and persons of the English Scotish Irish or Dutch Nation being of the Protestant Religion and every Body Politique or Corporate in thisRealme which hath at any time heretofore underwritten or have caused to be underwritten or shall underwriteor cause to be underwritten any su[m]m of money to the purposes in all or any of the said Acts mentioned and hath orshall have according to the times and places in the said Acts limited paid in a fourth part or more of the same andshall pay in or cause to be paid in the residue of the su[m]m so underwritten before the said twentieth day of JulyAnd every such person or body politique which shall underwrite or cause to be underwritten to the purposes aforesaidany summ of money by vertue of this Act at the said Chamber of London and shall pay in or cause to be paid in thewhole su[m]m which he or they shall soe underwrite or cause to be underwritten unto the said four persons or any twoof them who are to give Receipts for the same as aforesaid and to enter the summs and times of subscription beforethe said twentieth of July shall have to all and every such person and persons Bodies Politique and Corporate theireHeires Successors and Assignes respectively a proportionable number of Acres out of the two millions and halfe ofAcres in the said former Act mentioned with Woods Boggs Loughes and barren Mountaines cast in over and abovewith the Houses and Edifices thereupon built according to the su[m]m so underwritten and paid in which saidproportionable number of Acres shall be measured out and enjoyed according to the Plantation measure (that is tosay) every Acre thereof shall consist of eightscore Pearches or Poles and every Pearch or Pole shall consist of oneand twentie foot and shall enjoye the said proportionable number of Acres under the same Conditions Limitationsand Provisions and in as large and beneficiall manner to all intents and purposes as any other underwriter which shallpay in his money underwritten at four payments shall enjoye his proportionable number of English Acres Any thingin the said Acts or either of them conteyned to the contrary notwithstanding
The Proportion of Poles to every Acre for those who shall have paid in their Subscriptions before the 20th of July.
III. 
And whereas the two Millions and halfe of Acres menc[i]oned in the said first recited Act to be for the satisfactionof such persons as shall underwrite and pay in any su[m]m of money according to the said first recited Act or Propositionsmentioned in the said first recited Act are to consist of English measure Now to the intent that all such well affectedpersons Bodies Politique and Corporate as have underwritten or shall underwrite or have caused or shall cause to beunderwriten to the purposes in all or any of the said Acts expressed any su[m]m of money and shall pay in or cause to bepaid in all theire summs which are or shall be so underwritten as aforesaid before the said twentieth of July may haveLands sufficient to give them satisfaction according to the proportion of one and twenty foot to the Pole for every Acre.Therefore be it Enacted That every Acre of the said two Millions and halfe of Acres shall consist of eightscore Pearchesor Poles and every Pearch or Pole shall consist of one and twenty foot And all the said two Millions and halfe of Acresshall be measured forth out of the said Rebells Lands and the other Lands forfeited by the said first recited Act accordingto that measure Any thing in the said Propositions or in the said Acts contained to the contrary notwithstanding
The Proportion for those who shall not have paid in the whole of their Subscription before the 20th July.
IV. 
Provided neverthelesse That all and every person and persons Bodies Politique and Corporate which haveunderwritten or shall underwrite or have caused or shall cause any other to underwrite for him or them any su[m]mof money to the purposes aforesaid and have paid or shall pay in theire moneys according to the said recited Actsor according to the times limited in the first Clause of this Act and shall not pay in all theire respective su[m]msunderwritten or to be underwritten as aforesaid before the said twentieth of July shall have theire proportionablenumber of Acres according to the English measure viz. consisting of sixteen foot and an halfe to the Pole and noother or greater measure Any thing in this Act contained to the contrary notwithstanding
Proviso respecting Persons paying in by way of Rebate, having Benefit of Act.
V. 
Provided alsoe and be it enacted by the Authority aforesaid That no Person Body Politique or Corporate whichhath paid in any su[m]m of Money according to the said Acts or any of them by way of Rebate shall have any advantageof this Act unlesse such person Body Politique or Corporate shall repay or cause to be repaid before the said twentiethof July to the said four persons or any two of them who are to give Receipts for the same the su[m]m so to him orthem formerly rebated Any thing in this Act contained to the contrary notwithstanding
Allowance to Receivers 1d. in the Pound.
VI. 
And be it lastly Enacted by the Authority aforesaid That it shall and may be lawfull to and for the said fourReceivers or any two of them to deduct and retain to theire owne use one penie out of every pound of all suchsu[m]ms of money as they shall receive according to this Act towards theire charges and paines in attending andreceiving the said Subscriptions and su[m]ms of Money and in issuing out of the same.
CHAPTER XXXVIII. An Act for the Attainder of Thomas Earle of Strafford of High Treason. (3) [O. nu. 23.]
Earl of Stafford attainted of High Treason.; Proviso for the Law relating to Treason.Whereas the Knights Cittizens and Burgesses of the Howse of Co[m]mons in this p[re]sent Parliament assembledhave in the name of themselves and of all the Co[m]mons of England impeached Thomas Earle of Strafford ofHigh Treason for endeavouring to subvert the auncient & fundamentall Lawes and Governement of His Mats Realmesof England and Ireland and to introduce an arbitrary & tyranicall Government against Lawe in the said KingdomesAnd for exercizing a tyranous and exorbitant Power above and against the Lawes of the said Kingdomes over theLiberties Estates and Lives of His Mats Sut And likewise for haveing by his owne Authoritie comanded the laying andsessing of Souldiers uppon His Mats Suts in Ireland against their consents to compell them to obey his unlawfull su[m]mons& Orders made uppon paper Petic[i]ons in causes betweene partie and partie wch accordingly was executed uppon diversof His Mats Subts in a warlike manner wthin the said Realme of Ireland and in soe doeing did leavy warr againstthe Kings Ma[jes]tie and his liege people in that Kingdome;. And alsoe for that hee uppon the unhappy dissoluc[i]on of thelast Parliament did slaunder the Howse of Co[m]mons to His Ma[jes]tie and did councell and advise His Ma[jes]tie that hee wasloose and absolved from Rules of Government. And that hee had an Army in Ireland which hee might imploy to reduce this Kingdome. For whthhee deserveth to undergoe the Paines and Forfeitures of High Treason. And the saidEarle hath bin alsoe an Incendiary of the Warrs betweene the two Kingdomes of England & Scotland. All whthOffences hath bin sufficiently prooved against the said Earle upon his Impeachment. Bee it therefore enacted by theKings most excellent Ma[jes]tie And by the Lords and Co[m]mons in this present Parliament assembled, and by Authorityof the same That the said Earle of Strafford for the haynous Crymes and Offences aforesaid stand and bee adjudgedattainted of High Treason and shall suffer such paines of Death and incur the Forfeitures of his Goods and ChattellsLands Tenements & Hereditaments of anie Estate of Freehold or Inheritance in the said Kingdomes of England andIreland wchthe said Earle or anie other to his use or in trust for him have or had the daie of the first sitting of thispresent Parliament or at anie tyme since; Provided That noe Judge or Judges Justice or Justices whatsoever shall adjudgeor interpret anie Act or Thing to be Treason nor heare or determine anie Treason nor in anie other manner then hee orthey should or ought to have done before the makeing of this Act, and as if this Act had never bin had nor made,
General Saving.
II. 
Saveing alwaies unto all and singuler Persons and Bodies Pollitique & Corporate theire heires and successors othersthen the said Earle and his heires and such as clayme from by or under him, all such right title and interest of in andto all and singuler such of the said Landct Tenements and Hereditamentcte they or anie of them had before thefirst daie of this present Parliament Anie thing herein contained to the contrarie notwithstanding: Provided that the passingof this present Asis Matsassent thereunto shall not be anie determinac[i]on of this present Sessions of Parliament,But that this present Sessions of Parliament and all bills and matters whatsoever depending in Parliament and not fullyenacted or determined, And all Statuts and Actof Parliament wch have theire continuance untill the end of this presentSession of Parliament shall remaine continue and bee in full force as if this Act had not bin.
ITEM quedam petic[i]oes privatas p[er]sonas concernentes in se formam Actus continentes exhibita fuerunt p[ro]dc[i]o D[omin]oRegi in Parlam p[re]d qua[rum] tituli subscribuntur viz.
PRIVATE ACTS.
1. An Act for the Attainder of Thomas Earle of Strafford of High Treason.
2. An Act to enable the Marquesse of Winchester to grant estates for three lives or one and twentie yeares&c of Lands in the County of Southampton &c reserving the old rents.
3. An Act for naturalizing of Dorothy Spencer daughter of Henry Lord Spencer Baron Spencer of Wormleighton.
4. An Act for the enabling of the sale and leasing of Lands for payment of the debts of Thomas late Earleof Winchelsea.
5. An Act for the setling and estating upon the Right Honourable the Lady Elizabeth Countesse Dowager of Exceterher heires and assignes for ever the Scite of the Hospitall of Saint Leonards without the Towne of Newarke upon Trentin the County of Nottingham with the Dwelling House and other Buildings thereupon built and of certaine Closes andGrounds parcell of the possessions of the said Hospitall and for the annexing of diverse Lands and Tenements of bettervalue being the inheritance of the said Countesse unto the possessions of the said Hospitall for ever in liew of the same.
6. An Act for the making of the Chappell of Hoole in the Countie of Lancaster a Parish Church and no partof the parish of Croston.
7. An Act for John Eggars Free School within the parish of Alton in the Countie of Southampton.
8. An Act for the setling of certaine Manors Lands Tenements & Hereditaments on Katherine Countesse Dowagerof Bedford William now Earle of Bedford John Russell and Edward Russell Esquires sons of Francis Earle of Bedforddeceased.
9. An Act for the confirmation of his Majesties Letters Patents to the Town of Plimouth and for dividing theparish & building of a new Church there.
10. An Act for the alteration of the Estate and Tenure of some Lands within the parish of Fulham in theCounty of Middlesex held of the Lord Bishop of London as of his Mannor of Fulham
11. An Act to setle the Mannor of Belgrave and other Lands in the County of Leicester to and upon WilliamByerly Esquire his heires & assignees for & towards payment of the debts of William Davenport Esquire deceased.
12. An Act to inhable Sir Alexander Denton Knight to sell the Manor of Great Barvard alias Barford Saint Michaeland other Lands in this present Act mentioned for the payment of his debts & preferment of his younger Children.
13. An Act for the assuring of a Messuage called Duresme House alias Durham House and certaine Stables partof the possessions of the Bishop of Duresme scituate in the parish of Saint Martins in the Feilds in the Countie ofMiddlesex unto the Right Honourable Philip Earle of Pembrooke and Mountgomerie and his heires and of a yearelyrent of two hundred pounds per annum to the said Bishopp of Duresm and his successors in leiw thereof.
The whole of the Acts of this Session are here printed as having passed in the 16th Year of King Charles the First, there not appearing upon theRoll any thing to distinguish what Acts passed in the 16th and 17th, and in the 17th and 18th Years; the Three Parts of the Roll being a regularContinuation of Acts under the same Head as to the Session.
At the Parliament Office the first 22 Acts are in a Bundle, indorsed, "16 & 17 Car." and by "The long Calendar" in the same Office arestated to have passed, "Att the first Recesse of Parliament begunn at Westm' the Third Day of November An° R. R. Car. 16° & 17° 1640. 1641."And the remaining 15 Acts are in another Bundle; indorsed, "17 and 18 Car." and in the same Calendar are stated to be, "Acts of Parliament"passed after the first Recesse A° 17 & 18 Car. Regis in the Parliament begunn on the Thirde Day of November An° 16 Car. Regis."