Act of Settlement 1662
The Act of Settlement 1662 was an act of the Irish Parliament in Dublin. It was a partial reversal of the Cromwellian Act for the Settlement of Ireland 1652, which punished Irish Catholics and Royalists for fighting against the Parliamentarians 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.''
Background
When the Rump Parliament 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' Acts of the 1640s to pay for the war, and to reward the soldiers who had engaged in the war, almost all of whom sold on their interests to third parties. 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 resistance to the Parliamentarians.The 1652 act said that anyone who fought against the parliament in Ireland during the civil wars 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 did not 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.
Act of Settlement 1662
On the Irish Restoration of the Monarchy, those who had taken the Royalist side pleaded with the King for the injustices to be undone. Accordingly, the Parliament of Ireland passed a new Act of Settlement 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 still 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 1652 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 Protestant settlersbut 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, only the richer or grander Catholic landowners recovered their estates under this act. These included the Viscount Dillon, Donough MacCarty, 1st Earl of Clancarty, Murrough O'Brien, 1st Earl of Inchiquin, Luke, the heir of Christopher Plunket, 2nd Earl of Fingall and Edmund, the heir of Richard Butler, 3rd Viscount Mountgarret.
A further complication arose as the buyers of confiscated land in 1652–59 were third parties who expected that their purchases for cash were legal and were protected by privity of contract. This act was passed on 30 May 1662.
Also in 1662 the Irish version of the Tenures Abolition Act 1660 was enacted, that formally ended Feudalism in Ireland.
Act of Explanation 1665
A Court of Claims, headed by Sir Richard Raynsford, was set up to investigate who was eligible for recovery of their lands. Unfortunately, the Commissioners found that too many Catholics were "innocent" and a further Act of Explanation 1665 was needed to find a workable solution. The act stated that Cromwellian settlers had to give up one-third of the lands they had received after 1652 to compensate innocent Catholics. This was a very complicated process, as most of the new owners had bought their land from the Cromwellian grantees, and so numerous contracts had to be unwound. Many of these buyers were not settlers but people who had already been living in Ireland before 1641.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 or Randal MacDonnell, 1st Marquess of Antrim. The people who had been militant Irish Confederates during the wars – who had rejected an alliance with the 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 all had fought for at some point in the Civil Wars. The Catholic poet Dáibhí Ó Bruadair concluded 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.
In 1600, Catholics had owned 90 per cent of land in Ireland, by 1641, this was 41 per cent but by the time of the accession of James II in 1685, after the Cromwellian Settlement, the proportion of Irish land owned by Catholics had fallen to 22 per cent; after the restrictive Treaty of Limerick, that number had been reduced to 14 per cent, and by 1800, after more restrictive anti-Catholic Penal Laws, the number fell further to just 5 per cent. However, many of the 95% in 1800 had been Catholic and changed religion to keep their lands, such as the Barons of Dunsany.
Many Protestants in Ireland felt that the Restoration Settlements were far too lenient towards those 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 Irish Restoration of 1660 had occurred without bloodshed because of their approval.
Historian Jane Ohlmeyer argued that the matter of religion was not as important as one's rank in the 1660s. Richer and grander families tended to be supported by King Charles, regardless of religion. Some Protestant landed families were crypto-Catholics. Other grantees included the King's brother James, Duke of York, who was awarded 130,000 acres in Ireland and became a Catholic. The final awards of land were not concluded by King Charles until about 1670.