CONDITIONS TO BE OBSERVED by the Brittish Vndertakers of the Escheated Lands in VLSTER, Consisting in three principall points, Viz.

  • 1. What the Brittish Vndertakers shall haue of his Maiesties gift.
  • 2. What the said Vndertakers shall for their parts performe.
  • 3. In what manner the same perfor­mance shall be.

Jmprinted at London by Ro­bert Barker, Printer to the Kings most Excellent Maiestie. ANNO DOM. 1610.

‘HONI SOIT QVI MAL Y PENSE’

CONDITIONS TO BE OBSERƲED BY the Brittish Ʋndertakers of the Escheated Lands in VLSTER, &c.

I. What the Brittish Vn­dertakers shall haue.

FIrst, The Praecincts. the Landes to be vndertaken by them, are diuided into sun­dry Praecincts, of diffe­rent quantities.

Euery Praecinct is subdiuided into Proportions of three sorts, The Proportions Great, Middle, and Small.

The great Proportion containeth 2000. English Acres at the least.

The middle Proportion cōtaineth 1500. Acres at the least.

[Page 2]The small Proportion containeth 1000. Acres at the least.

Vnto euery of which Proportions such bogge and wood shall be allowed, as lieth within the same, for which no Rent shalbe reserued.

The distribution of the Praecincts.The Praecincts are by name distin­guished, part for the English, and part for the Scottish, as appeareth by the Table of Distribution of the Praecincts.

Euery Praecinct shalbe assigned to one principall Vndertaker, and his consort, as will appeare by the Table of Assignati­on of the Praecincts.

The chiefe Vndertakers shalbe allowed two middle Proportions, if they desire the same; otherwise no one Vndertaker is to be allowed aboue one great Proportion.

Their estates.They shall haue an estate in Fee Simple to them and their heires.

Power to create Tenures.They shall haue power to create Man­nours, to hold Courts Baron twice euery yeere, and not oftner, and power to create Tenures in Socage to hold of themselues.

Libertie of ex­portation.They, their heires and assignes, for the [Page 3] space of 7. yeeres next ensuing, shall haue libertie to export out of Ireland all com­modities growing or arrising vpon their owne Lands vndertaken, without paying Custome or Imposition.

They, their heires and Assignes, Libertie of im­portation. for the space of 5. yeeres next ensuing, shall haue freedome to import into Ireland out of Great Britaine, victuall, and vtensiles for their Housholds, materials and tooles for their buildings and Husbandry, and cattell to stocke and manure the Lands vnder­taken, without paying any Custome or Imposition; which shall not extend to any commodities transported by way of Mer­chandise.

They shall haue allowance of Timber for their buildings to be erected vpon their Proportions, Allowance of Timber. the same to be taken in any of the Praecincts, by the Assignment of the Commissioners, without paying anything for the same for the space of two yeeres; And after that time expired, euery Vnder­taker to hold to his owne vse the Timber and Woods remayning vpon his owne Proportion.

[Page 4] Aduowsons.The principall Vndertaker shall haue one Aduowson within his Praecinct, to him and his heires.

2. What the said Vnder­takers shall for their parts performe.

1. Their Rent. THey shall yeerely yeeld vnto his Maiestie for euery Proportion of 1000. Acres, fiue pound sixe shillings eight pence English, and so rateably for the great Proportions; The first halfe yeeres payment to begin at Mi­chaelmas 1614.

2. Their Tenure.Euery of the said Vndertakers shal hold the Lands so vndertaken in Free and com­mon Socage, as of the Castle of Dublin, and by no greater Seruice.

3. Their Building.Euery of the said Vndertakers of a great Proportion, shall within 3. yeeres to be ac­compted from Easter next, build there­upon a stone house, with a strong court or bawne about it; And euery Vndertaker [Page 5] of a middle Proportion, shall within the same time build a stone or bricke house thereupon, with a strong court or bawne about it; And euery Vndertaker of a small Proportion, shal within the same time make thereupon a strong Court or bawne at least.

Euery Vndertaker shall within three yeeres, to be accompted from Easter next, 4. Their Families. plant or place vpon a small Proportion, the number of 24. able men of the age of 18. yeeres or vpwards, being English, or In­land Scottish; And so rateably vpon the other Proportions; Which numbers shall be reduced into 10. families at least, to be setled vpon euery small Proportion, and rateably vpon the other Proportions in this maner; Viz. The principall Vndertaker and his family to bee setled vpon a De­mesne of 300. Acres; Two Fee-fermours vpon 120. Acres a piece; Three Leasehol­ders for three liues or 21. yeeres vpon 100. Acres apiece; And vpon the residue being 160. Acres, foure families or more of Hus­bandmen, Artificers or Cottagers; their [Page 6] Portions of Land to bee assigned by the principall Vndertaker at his discretion.

5 The Building of the vnder-Te­nants.Euery of the said Vndertakers shall draw their Tenants to build houses for themselues and their families, not scatte­ring, but together, neere the principall house or bawne, aswell for their mutuall defence and strength, as for the making of Villages and Towneships.

6 Armes.The said Vndertakers, their heires and assignes, shall haue ready in their houses at all times, a conuenient store of Armes, wherewith they may furnish a competent number of men for their defence, which may be viewed and mustered euery halfe yeere, according to the maner of Eng­land.

7. Oath of Supre­macie.Euery of the said Vndertakers, before he be receiued to be an Vndertaker, shall take the Oath of Supremacie, either in the Chancerie of England or Scotland, or be­fore the Commissioners to bee appointed for the establishing of the Plantation; And shall also conforme themselues in Religion according to his Maiesties Lawes; And [Page 7] euery of their Vndertenants being chiefe of a family, shall take the like Oath before the said Commissioners, or the Iustices of Assize comming into the Countie, where­in the said Tenants shall be placed at the next Assizes, after they shall sit downe and inhabite in the said seuerall Counties. And they and their families, shall be also con­formable in Religion as aforesaid.

Euery of the said Vndertakers for the space of fiue yeeres, 8. Residence. to be accompted from Michaelmas next, shall be resident him­selfe in person vpon his Portion, or place some such other person thereupon, as shal­be allowed by the State of England or Ire­land, And shall take the Oath of Suprema­cie; and likewise be himselfe with his fa­mily conformable in Religion as afore­said, who shall be resident during the said fiue yeeres, vnlesse by reason of sicknesse or other important cause, he be licensed by the Lord Deputie and Councell of Ireland to absent himselfe for a time.

The said Vndertakers, 9. Restraint of Alie­nation to the Irish. their heires and assignes, shall not Alien or demise their [Page 8] Portions or any part thereof to the meere Irish, or to such persons as will not take the said Oath of Supremacie; And to that end a prouiso shall be inserted in their Letters Patents, that the parcell of land so aliened shalbe forfeited.

10. Restraint of Alie­nation within fiue yeeres.The said Vndertakers shall not Alien their Portions during fiue yeeres, to be ac­compted from Michaelmas next; but vn­to their Vndertenants, in the forme before expressed in the fourth Article.

11. Vncertein Rents.The said Vndertakers shall not reserue any vncertaine Rent, but the same shall be expresly set downe without reference to the custome of the Countrey.

3. In what maner the said performance shall be.

1. To repaire into Ireland before Midsōmer next. THe said Vndertakers ei­ther in person, or by such Agents as shall be allowed by the Councels of Estate of England or Scotland re­spectiuely, shall before Midsommer day [Page 9] next, repaire into the Realme of Ireland, and offer themselues to the Lord Deputie and Commissioners for the Plantation; who shal take order with the said Vnder­takers for the distribution of the Proporti­ons within euery Precinct, either by A­greement or Lot; So as euery Vndertaker shall know his Portion, if the same be not distributed here in England before.

The said Vndertakers by themselues or their said Agents, 2. To sit downe before Michaelmas next. shall take possession of their seuerall Portions, and sit downe vpon the same before Michaelmas next.

The said Vndertakers shall bring ouer into Ireland, 3. Time of placing their Tenants. and plant and place vpon their seuerall Proportions, the seuerall numbers of men and families aforesaid, Viz. One third part before the feast of All Saints next, an other thirde part before the first day of May then next ensuing, and the o­ther third part before the feast of All Saints in the yeere of our Lord God one Thou­sand sixe hundreth and eleuen.

The said Vndertakers shall take out 4. Time of taking out their Patents. their Letters Patents either in England or [Page 10] in Ireland, at their election, before Mid­sommer day next.

5. By what degrees they shall erect their habitations and buildings.The sayd Vndertakers shall before the feast of All Saints next make their seuerall Courts or Bawnes vpon their Proportions, and erect habitations for one third part of the men and families which they are to plant thereupon; And before the first day of May then next ensuing, they shall erect habitations for one other third part, and prouide and bring in place all the materi­als for building of their Stone houses; And before the feast of All Saints 1611. follow­ing, they shall erect habitations for the re­sidue of their men and families, and in the meane time proceed in the building of their Stone-houses, so as they may be fully finished within three yeeres as aforesaid.

6. Their Bonds or Recognisances for performance of the Articles of Plantation.Euery Vndertaker before the ensealing of their Letters Patents, shall enter into bond or recognizance with good sureties to his Maiesties vse, in the Office of his Maiesties chiefe Remembrancer in Eng­land or Ireland, or in his Maiesties Exche­quer or Chancery in Scotland, to performe [Page 11] the aforesaid Articles according to the se­uerall distinctions of Building, Planting, Residence, Alienation within fiue yeeres, and making of certain estates to their Te­nants, viz. The Vndertaker of the greatest Proportion to become bound in foure hun­dred pounds; of the middle, in three hun­dred pounds; of the least, in two hundred pounds: which bands or recognizances shall be deliuered vp after fiue yeeres vpon Certificate of the L. Deputie and Counsel, that the true meaning of the Con­ditions thereof hath bene performed.

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