Act of Settlement 1662
Encyclopedia
The Act of Settlement 1662 passed by the Irish Parliament in Dublin. It was a partial reversal of the Cromwellian
Act of Settlement 1652, which punished Irish Catholics and Royalists for fighting against the English Parliament in the Wars of the Three Kingdoms
by the wholesale confiscation of their lands and property. The Act describes itself An act for the better execution of His Majesty's
gracious declaration for the Settlement of his Kingdom of Ireland, and the satisfaction of the several interests of adventurers, soldiers, and other his subjects there.
in London passed the Act of Settlement 1652 after the Cromwellian conquest of Ireland
, its purpose was two-fold. First, it was to provide for summary execution of the leaders and supporters of the Irish Rebellion of 1641
. Second, it was to confiscate sufficient land in Ireland as was necessary to repay the loans advanced by the City of London
under the Adventurers Act
s of the 1640s, and to reward the soldiers who had engaged in the war, almost all of whom sold their interests. (The Adventurers Acts had been enacted to reverse the gains of Irish Confederacy
and to destroy it). By 1652 the policy was achieved by the confiscation of almost all Catholic-owned land in Ireland, something that also served to punish Irish Catholics for their rebellion and war against Parliament.
The Act of 1652 said (paragraphs VI, VII VIII) that anyone who fought against the parliament in Ireland during the civil wars
would lose some lands.
In practice, Protestant Royalists in Ireland could avoid confiscation by paying fines, while Catholics could not. Although some Parliamentarians talked about deporting all of the Irish to Connacht, in fact, they only ever got around to the land-owning class. The 1652 Act ordered that all confiscated lands east of the Shannon
(Ulster
, Leinster
and Munster
) be cleared and the inhabitants transplant themselves to the west (to Connacht
and County Clare
), to be replaced by English Puritans (who were later to be known as Dissenters). As a result of this Settlement, Irish Catholic landholding fell from 60% before the Irish Confederate Wars
to 8-9% during the Cromwellian Commonwealth (mostly in Connacht).
A number of formerly Catholic landowners also saved their land by converting to the state religion.
of the Monarchy, those (notably the Duke of Ormonde
) who had taken the Royalist
side pleaded with the King
for the injustice to be undone. Accordingly, the Parliament of Ireland
(in Dublin) passed a new Act of Settlement in 1662 which ordered that the Cromwellian settlers give up a portion of their allotted land to "Old English" and "innocent Catholics", as would be determined by Commissioners.
However, the Irish Parliament was now Protestant only, until the session of 1666, as Catholics had been barred from voting or standing for election under the Commonwealth. As a result, the Parliament amended the Act of Settlement so that land could be returned to "innocent Catholics" that is ones who had been Royalists in the civil wars and had not carried out massacres of English Protestants only on the condition that the Cromwellian settlers be compensated with an equal amount of land elsewhere in Ireland. Since there was simply not enough land available for this to work, very few Catholic landowners recovered their estates under this Act.
By this measure, what has been described as a, "favoured minority" of Irish Catholics — mostly Old English
Royalists — recovered all or most of their pre-war estates. Examples of this include Ormonde and his relatives and supporters like Richard Bellings
. The people who had been militant Irish Confederates
during the wars — who had rejected an alliance with the English Royalists, or sought better terms from Charles I
in return for an alliance — got little or nothing from the settlement. Many of them regarded it as a betrayal by the Stuart monarchy, which they had fought for in the Civil Wars. The poet Daibhi O Bruadair
wrote that the Restoration was "Purgatory" for Irish Catholics, while the former Confederate and Catholic Bishop Nicholas French
wrote a pamphlet about Charles II
titled, The Unkind Deserter of Loyal men and true Friends.
By 1685, Catholic land ownership was put at 20% of the land in Ireland. This included 95,000 acres assigned to KIng Charles' brother James, Duke of York, who succeeded to the throne that year as King James II
.
Many Protestants in Ireland felt that the Restoration Settlements were far too lenient towards Irish Catholics, who had rebelled against the sovereignty of King Charles in 1641 and had been justly punished for it by the loss of their property and power. They had bought their new properties at market rates, competing against other bidders, and expected that privity of contract
would apply as usual. As in England and Scotland, the Restoration of 1660 had occurred without bloodshed because of their approval.
passed by the English Parliament in 1642, which decreed that that loans given to the Parliamentarians during the Civil Wars could be recouped by the creditors receiving land confiscated from Irish Catholics.
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
Act of Settlement 1652, which punished Irish Catholics and Royalists for fighting against the English Parliament in the Wars of the Three Kingdoms
Wars of the Three Kingdoms
The Wars of the Three Kingdoms formed an intertwined series of conflicts that took place in England, Ireland, and Scotland between 1639 and 1651 after these three countries had come under the "Personal Rule" of the same monarch...
by the wholesale confiscation of their lands and property. The Act describes itself An act for the better execution of His Majesty's
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
gracious declaration for the Settlement of his Kingdom of Ireland, and the satisfaction of the several interests of adventurers, soldiers, and other his subjects there.
Background
When the Rump ParliamentRump Parliament
The Rump Parliament is the name of the English Parliament after Colonel Pride purged the Long Parliament on 6 December 1648 of those members hostile to the Grandees' intention to try King Charles I for high treason....
in London passed the Act of Settlement 1652 after the Cromwellian conquest of Ireland
Cromwellian conquest of Ireland
The Cromwellian conquest of Ireland refers to the conquest of Ireland by the forces of the English Parliament, led by Oliver Cromwell during the Wars of the Three Kingdoms. Cromwell landed in Ireland with his New Model Army on behalf of England's Rump Parliament in 1649...
, its purpose was two-fold. First, it was to provide for summary execution of the leaders and supporters of the Irish Rebellion of 1641
Irish Rebellion of 1641
The Irish Rebellion of 1641 began as an attempted coup d'état by Irish Catholic gentry, who tried to seize control of the English administration in Ireland to force concessions for the Catholics living under English rule...
. Second, it was to confiscate sufficient land in Ireland as was necessary to repay the loans advanced by the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
under the Adventurers Act
Adventurers Act
The Adventurers' Act is an Act of the Parliament of England, with the long title "An Act for the speedy and effectual reducing of the rebels in His Majesty's Kingdom of Ireland".-The main Act:...
s of the 1640s, and to reward the soldiers who had engaged in the war, almost all of whom sold their interests. (The Adventurers Acts had been enacted to reverse the gains of Irish Confederacy
Confederate Ireland
Confederate Ireland refers to the period of Irish self-government between the Rebellion of 1641 and the Cromwellian conquest of Ireland in 1649. During this time, two-thirds of Ireland was governed by the Irish Catholic Confederation, also known as the "Confederation of Kilkenny"...
and to destroy it). By 1652 the policy was achieved by the confiscation of almost all Catholic-owned land in Ireland, something that also served to punish Irish Catholics for their rebellion and war against Parliament.
The Act of 1652 said (paragraphs VI, VII VIII) that anyone who fought against the parliament in Ireland during the civil wars
Irish Confederate Wars
This article is concerned with the military history of Ireland from 1641-53. For the political context of this conflict, see Confederate Ireland....
would lose some lands.
- If they surrendered within the time allowed, they would be pardoned for their life, but lose up to two thirds of their estates.
- If they didn't surrender within the time allowed, they could stand to lose all their lands and even their lives.
- If they were "of the Popish religion" and had not taken any part in the wars, they would still lose a third of their lands unless they had actually fought for the parliament.
In practice, Protestant Royalists in Ireland could avoid confiscation by paying fines, while Catholics could not. Although some Parliamentarians talked about deporting all of the Irish to Connacht, in fact, they only ever got around to the land-owning class. The 1652 Act ordered that all confiscated lands east of the Shannon
River Shannon
The River Shannon is the longest river in Ireland at . It divides the west of Ireland from the east and south . County Clare, being west of the Shannon but part of the province of Munster, is the major exception...
(Ulster
Ulster
Ulster is one of the four provinces of Ireland, located in the north of the island. In ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial...
, Leinster
Leinster
Leinster is one of the Provinces of Ireland situated in the east of Ireland. It comprises the ancient Kingdoms of Mide, Osraige and Leinster. Following the Norman invasion of Ireland, the historic fifths of Leinster and Mide gradually merged, mainly due to the impact of the Pale, which straddled...
and Munster
Munster
Munster is one of the Provinces of Ireland situated in the south of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial purposes...
) be cleared and the inhabitants transplant themselves to the west (to Connacht
Connacht
Connacht , formerly anglicised as Connaught, is one of the Provinces of Ireland situated in the west of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for...
and County Clare
County Clare
-History:There was a Neolithic civilisation in the Clare area — the name of the peoples is unknown, but the Prehistoric peoples left evidence behind in the form of ancient dolmen; single-chamber megalithic tombs, usually consisting of three or more upright stones...
), to be replaced by English Puritans (who were later to be known as Dissenters). As a result of this Settlement, Irish Catholic landholding fell from 60% before the Irish Confederate Wars
Irish Confederate Wars
This article is concerned with the military history of Ireland from 1641-53. For the political context of this conflict, see Confederate Ireland....
to 8-9% during the Cromwellian Commonwealth (mostly in Connacht).
A number of formerly Catholic landowners also saved their land by converting to the state religion.
This Act
On the Irish RestorationRestoration (Ireland)
The Restoration of the monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Commonwealth of England, Scotland and Ireland that followed the Wars of the Three Kingdoms...
of the Monarchy, those (notably the Duke of Ormonde
James Butler, 1st Duke of Ormonde
James Butler, 1st Duke of Ormonde PC was an Irish statesman and soldier. He was the second of the Kilcash branch of the family to inherit the earldom. He was the friend of Thomas Wentworth, 1st Earl of Strafford, who appointeed him commander of the Cavalier forces in Ireland. From 1641 to 1647, he...
) who had taken the Royalist
Cavalier
Cavalier was the name used by Parliamentarians for a Royalist supporter of King Charles I and son Charles II during the English Civil War, the Interregnum, and the Restoration...
side pleaded with the King
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
for the injustice to be undone. Accordingly, the Parliament of Ireland
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
(in Dublin) passed a new Act of Settlement in 1662 which ordered that the Cromwellian settlers give up a portion of their allotted land to "Old English" and "innocent Catholics", as would be determined by Commissioners.
However, the Irish Parliament was now Protestant only, until the session of 1666, as Catholics had been barred from voting or standing for election under the Commonwealth. As a result, the Parliament amended the Act of Settlement so that land could be returned to "innocent Catholics" that is ones who had been Royalists in the civil wars and had not carried out massacres of English Protestants only on the condition that the Cromwellian settlers be compensated with an equal amount of land elsewhere in Ireland. Since there was simply not enough land available for this to work, very few Catholic landowners recovered their estates under this Act.
The Act of 1665
A Court of Claims was set up to investigate who was eligible for recovery of their lands. Unfortunately, the Commissioners found that too many Catholics were "innocent", so a further Act of Explanation 1665 was need to find a workable solution. The Act of Explanation stated that Cromwellian settlers (with some named exceptions) had to give up one third of the lands they had received after 1652 in order to compensate innocent Catholics.By this measure, what has been described as a, "favoured minority" of Irish Catholics — mostly Old English
Old English (Ireland)
The Old English were the descendants of the settlers who came to Ireland from Wales, Normandy, and England after the Norman invasion of Ireland in 1169–71. Many of the Old English became assimilated into Irish society over the centuries...
Royalists — recovered all or most of their pre-war estates. Examples of this include Ormonde and his relatives and supporters like Richard Bellings
Richard Bellings
Richard Bellings was a lawyer and political figure in 17th century Ireland and in the Wars of the Three Kingdoms. He is best known for his participation in Confederate Ireland, a short-lived independent Irish state, in which he served on the governing body called the Supreme Council...
. The people who had been militant Irish Confederates
Confederate Ireland
Confederate Ireland refers to the period of Irish self-government between the Rebellion of 1641 and the Cromwellian conquest of Ireland in 1649. During this time, two-thirds of Ireland was governed by the Irish Catholic Confederation, also known as the "Confederation of Kilkenny"...
during the wars — who had rejected an alliance with the English Royalists, or sought better terms from Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
in return for an alliance — got little or nothing from the settlement. Many of them regarded it as a betrayal by the Stuart monarchy, which they had fought for in the Civil Wars. The poet Daibhi O Bruadair
Dáibhí Ó Bruadair
Dáibhí Ó Bruadair was one of the most significant Irish language poets of the 17th century. He lived through a momentous time in Irish history and his work serves as testimony to the death of the old Irish cultural and political order and the decline in respect for the once honoured and feared...
wrote that the Restoration was "Purgatory" for Irish Catholics, while the former Confederate and Catholic Bishop Nicholas French
Nicholas French
Nicholas French , Roman Catholic Bishop of Ferns, was an Irish political activist and pamphleteer, who was born at Wexford....
wrote a pamphlet about Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
titled, The Unkind Deserter of Loyal men and true Friends.
By 1685, Catholic land ownership was put at 20% of the land in Ireland. This included 95,000 acres assigned to KIng Charles' brother James, Duke of York, who succeeded to the throne that year as King James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
.
Many Protestants in Ireland felt that the Restoration Settlements were far too lenient towards Irish Catholics, who had rebelled against the sovereignty of King Charles in 1641 and had been justly punished for it by the loss of their property and power. They had bought their new properties at market rates, competing against other bidders, and expected that privity of contract
Privity of contract
The doctrine of privity in the common law of contract provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it....
would apply as usual. As in England and Scotland, the Restoration of 1660 had occurred without bloodshed because of their approval.
Further reading
- Clerigh, Arthur Ua. The History of Ireland to the Coming of Henry I (Vol I).
- McGee, Thomas D'Arcy. A Popular History of Ireland: From the Earliest Period to the Emancipation of the Catholics. Gutenberg Project, Book X Chapter 1 (also available in web form http://www.nalanda.nitc.ac.in/resources/english/etext-project/history/ireland/book-10chapter1.html)
- Simms, J. G. Jacobite Ireland 1685-91. Norfolk: University of Toronto Press, 1969.
- Siochru, Michael O. Confederate Ireland 1642-49. Dublin: Four Courts Press, 1999.
- Act of Settlement 1662 and Act of Explanation 1665 The Corpus of Electronic Texts at University College Cork: "His Majesty's gracious declaration for the settlement of his kingdom of Ireland, and satisfaction of the several interests of adventurers, soldiers, and other his subjects there".
Footnotes
Entrepreneurs, Merchant Adventurers - this refers to the Adventurers ActAdventurers Act
The Adventurers' Act is an Act of the Parliament of England, with the long title "An Act for the speedy and effectual reducing of the rebels in His Majesty's Kingdom of Ireland".-The main Act:...
passed by the English Parliament in 1642, which decreed that that loans given to the Parliamentarians during the Civil Wars could be recouped by the creditors receiving land confiscated from Irish Catholics.