The modification of the Cromwellian land settlement in Ireland which followed the restoration of the Stuart monarchy in 1660 was regulated by two acts of parliament, one familiarly known as the act of settlement of 1662, the other as the act of explanation of 1665. They became the principal legal instruments upon which land ownership in the country was to rest for two centuries.
The act of settlement was the statutory version, with the major addition of a preamble, of the so-called ‘Gracious declaration’ of 30 November 1660, a royal proclamation which enunciated the broad principles upon which the settlement was to be based. In its statutory form these principles were: the vesting in the king, as trustee for the purposes of the act, of all land confiscated since 23 October 1641 as a consequence of the rebellion, with the general exception of the land held on that date by the church and Trinity College, Dublin; the general confirmation to the adventurers and Cromwellian soldiers of the land they held on 7 May 1659; and the restoration of various classes of dispossessed proprietors, chiefly those catholics who could prove, before the commissioners appointed to execute the terms of the act, that they were innocent of having participated in the rebellion. Those found innocent were to be restored to their estates immediately without having to wait until the Cromwellian planters had first been ‘reprised’ (i.e. compensated) with land of equal value.