79 names,
should be under title 4, namely, English residents, containing 59 in
King. Harris's third list of 454 names should be second, namely,
Absentees since 5th November, containing in King 455, and in "The List"
480 names. Harris's fourth list of 547, and "The List's" fourth list of
528 names, should go to No. 3 in King, containing only 197 names, viz.,
of persons absent before 5th November. Without making these
corrections, we would have the conditional attaints, under clauses 1,
2, and 3, amount in "The List" to 1,311, in Harris to 1,282, and in
King to 1,873. But if we make these corrections, King's will remain at
1,873, Harris's rise to 2,218, and "The List" to 2,209.
It would, we think, puzzle La Place to calculate the probability of any
particular name being authentic amid this wilderness of inaccuracies.
The fifth class of 85 persons are, as we said, _not attainted at all_.
The 8th section declares them to be absent from nonage, infirmity,
etc., and denounces no penalty against their persons, but "it being
much to the weakening and impoverishing of this Realm, that any of the
Rents or Profits of the Lands, Tenements, of Hereditaments thereof
should be sent into or spent in any other place beyond the seas, but
that the same should be kept and employed within the Realm for the
better support and defence thereof," it vests the properties of these
absentees in the King, until such time as these absentees return and
apply by petition to the Chancery or Exchequer for their restoration.
Harder penalties for absenteeism were enacted repeatedly before, and
considering the necessities of Ireland in that awful struggle, this
provision seems just, mild, and proper.
By the fourth section, all the goods and properties of _all_ the
first four classes of absentees were also vested in the King till their
return, acquittal, pardon or discharge. By the 5th and 6th sections,
remainders and reversions to innocent persons after any estate for
lives forfeited by the Act, are saved and preserved, provided (by the
7th section) claims to them are made within 60 days after the first
sitting of the Court of Claims under the Act. But remainders in
settlements, of which the uses could be changed, or where the lands
were "plantation" lands, etc., were not saved. Whether such a Court of
Claims ever sat is at least doubtful.
By the 9th and 11th sections, the rights and incumbrances of
non-forfeiting persons over the forfeited estate
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