Act for the Settlement of Ireland 1652 and Shandar: Difference between pages
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'''Shandar''' was a French record label specializing in avant-garde material that did seminal work during the 1970 releasing, among others, recordings by [[Albert Ayler]], [[Karlheinz Stockhausen]], [[Steve Reich]], [[Sunny Murray]], [[Philip Glass]], [[Charlemagne Palestine]], [[La Monte Young]], [[Alan Silva]], [[Pandit Pran Nath]], [[Terry Riley]], [[Cecil Taylor]] and [[Sun Ra]]. The records often carry, besides the name Shandar, also the logo [[Shanti]]. |
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The '''Act for the Settlement of Ireland''' imposed penalties including death and land confiscation against participants and bystanders of the [[Irish Rebellion of 1641]] and subsequent unrest. |
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The label was financed by Aimé and Marguerite Maeght, creators of the [[Maeght Foundation]] which organized modern art exhibitions and concerts. Consequently, much of the label's catalog consists of recordings of Maeght-sponsored concerts, as in the cases of [[Cecil Taylor]]'s and [[Albert Ayler]]'s [[Nuits de la Fondation Maeght]]. Among the works in its catalog, one of the most unusual is [[La Monte Young]]'s [[Dream House 78' 17"]], containing the music for one of Young's installations (The Dream House): both sides were almost 40 minutes long for a total duration of 78' 17", a length unheard of at the time but made necessary by the nature of the work. |
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==Background== |
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The act was passed on [[12 August]] [[1652]] by the [[Rump Parliament]] of England, who had taken power after the [[Second English Civil War]] and had agreed to the [[Cromwellian conquest of Ireland]]. The conquest was deemed necessary as Royalist supporters of [[Charles II of England]] had allied themselves with the [[Confederation of Kilkenny]] (the confederation formed by Irish Catholics during the [[Irish Confederate Wars]]) and so was a threat the newly formed [[English Commonwealth]]. The Rump Parliament had a large independent [[dissenters]] membership who strongly empathised with the plight of the Protestant settler community in Ireland who had suffered greatly at the start of the [[Irish Rebellion of 1641]] and who's suffering had been exaggerated by Protestant propaganda, so the act was also a retribution against Irish Catholics who had participated in the initial stages of the war. |
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Must be also mentioned the unique "Guitares Dérive" (catalog number Shandar 83516), written and performed live by Vincent Le Masne and Bertrand Porquet, a classical guitar duo in a very brilliant repetitive way, unusual in that style because of a never systematic writing, in constant harmonic and dynamic evolution. |
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==Preamble== |
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{{quote| |
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Whereas the Parliament of England, after the expense of much blood and treasure for suppression of the horrid rebellion in Ireland, have by the good hand of God upon their undertakings, brought that affair to such an issue, as that a total reducement and settlement of that nation may, with God's blessing, be speedily effected...|Act for the Settlement of Ireland 1652 Preamble <ref>[http://www.constitution.org/eng/conpur094.htm Act for the Settlement of Ireland.], [August 12, 1652. Henry Scobell, ii. 197. See Commonwealth and Protectorate, iv. 82-5.]. website of the [http://www.constitution.org/ Constitution Society], Accessed [[14 February]] [[2008]]</ref>}} |
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In spite of the unique material it owned, the label was short lived. According to the magazine [[The Wire (magazine)|The Wire]], a cellar beneath an art gallery in 40 Rue Mazarine in Paris where founders [[Daniel Caux]] and [[Chantal Darcy]] worked was flooded in 1979, damaging irreparably both vinyl stocks and recordings. The gallery closed soon thereafter and Shandar vanished. |
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==Application== |
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Ten named leaders of the Royalist forces in Ireland, together with anyone<ref group=nb>{{quote| |
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all and every person and persons, who at any time before the tenth day of November, 1642 (being the time of the sitting of the first General Assembly at Kilkenny in Ireland), have contrived, advised, counselled, promoted, or acted, the rebellion, murders, or massacres done or committed in Ireland, which began in the year 1641; or have at any time before the said tenth day of November, 1642, by bearing arms, or contributing men, arms, horse, plate, money, victual, or other furniture or hablements of war (other than such which they shall make to appear to have been taken from them by mere force and violence), aided, assisted, promoted, acted, prosecuted, or abetted the said rebellion, murders, or massacres;|Act for the Settlement of Ireland 1652. Paragraph I }} |
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Some of its catalog was subsequently bought by other small labels and is therefore still available, but much of it has disappeared. |
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{{quote|all and every [[Jesuit]], priest, and other person or persons who have received orders from the Pope or See of Rome, or any authority derived from the same, that have any ways contrived, advised, counselled, promoted, continued, countenanced, aided, assisted, or abetted; or at any time hereafter shall any ways contrive, advise, counsel, promote, continue, countenance, aid, assist, or abet the rebellion or war in Ireland, or any the murders or massacres, robberies, or violences committed against the Protestants, English, or others there.|Act for the Settlement of Ireland 1652. Paragraph II}} |
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{{quote|That all and every person and persons (both principals and accessories) who since the first of October, 1641, have or shall kill, slay, or otherwise destroy any person or persons in Ireland, which at the time of their being so killed, slain, or destroyed, were not publicly entertained and maintained in arms as officers or private soldiers, for and on behalf of the English against the Irish; and all and every person and persons (both principals and accessories) who since the said first day of October, 1641, have killed, slain, or otherwise destroyed any person or persons entertained and maintained as officers or private soldiers, for and on the behalf of the English against the Irish (the said persons so killing, slaying, or otherwise destroying, not being then publicly entertained and maintained in arms as officer or private soldier under the command and pay of the Irish nation against the English).|Act for the Settlement of Ireland 1652. Pararaph IV}}</ref> who had participated in the Irish Rebellion’s early stages and who had killed an Englishman other than in battle, lost their lives and estates. |
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* Shandar record covers / sleeve notes |
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* [http://home.comcast.net/~ed_maurer/Shandar/index.htm Ed Maurer's Discography of Shandar Records] |
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* January 3, 2003 issue of "[[The Wire (magazine)|The Wire]]" |
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* [[James Butler, 1st Duke of Ormonde]] |
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* [[James Tuchet, 3rd Earl of Castlehaven]] |
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* [[Ulick Burke, 1st Marquess of Clanricarde|Ulick Bourke Earl of Clanricarde]], |
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* [[Christopher Plunkett, 2nd Earl of Fingall]], |
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* [[James Dillon, 3rd Earl of Roscommon]], |
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* Richard Nugent [[Earl of Westmeath]], |
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* [[Murrough O'Brien, 1st Earl of Inchiquin]], |
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* [[Donagh MacCarthy, Viscount Muskerry]], |
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* [[Theobald Taaffe 1st Earl of Carlingford]], |
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* [[Richard Butler, 1st Viscount Mountgarret]]. |
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The Act made a distinction between the rebels of 1641—who were deemed [[unlawful combatant]]s—as against those who had fought in the regular armies of [[Confederate Ireland]], who were treated as legitimate combatants provided that they had surrendered before the end of 1652. The 1641 rebels and the above mentioned Royalist leaders were not included in the pardon given to soldiers who had surrendered: they were to be executed when captured. [[Roman Catholic]] clergy were also excluded from the pardon, as the Cromwellians held them responable by fomenting the [[1641 Rebellion]]. Their lives were also forfeit if captured.{{Fact|date=February 2008}}<!-- for the whole paragraph not just the last sentence--> |
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The remaining leaders of the Irish army lost two-thirds of their estates. To have been merely a bystander was itself a crime and anyone who had resided in Ireland any time from [[1 October]] [[1649]], to [[1 March]] [[1650]] and had not "manifested their constant good affection to the interest of the Commonwealth of England" lost one-third of their land. The Commissioners in Ireland had power to give them, in lieu thereof, other (poorer) lands in [[Connacht]] or [[County Clare|Clare]] in proportion of value and were authorised "to transplant such persons from the respective places of their usual habitation or residence, into such other places within that nation, as shall be judged most consistent with public safety." This was interpreted liberally by the English Parliamentarian authorities in Ireland and ordered all Irish land owners to leave for those lands before [[1 May]], [[1654]] or be executed. (Hence the expression, "To Hell or to Connaught"). Protestant Royalists, on the other hand, could avoid land confiscations if they had surrendered by May 1650 and had paid fines to the Parliamentarian government.{{Fact|date=February 2008}}<!-- for the whole paragraph not just the last sentence--> |
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==Plantation== |
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{{main|Plantations of Ireland#The Cromwellian Plantation|l1=The Cromwellian Plantation}} |
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In the next of the [[Plantations of Ireland]], the confiscated land was granted to the "Adventurers". The new owners were known as "planters".) The Adventurers were financiers who had loaned the Parliament £10 million in [[1642]] at the start of the [[Wars of the Three Kingdoms]] (see [[Adventurers Act]]). Many of Ireland’s pre-war Protestant inhabitants also took advantage of the confiscation of Catholic-owned land to increase their own holdings. In addition, smaller grants of land were given to 12,000 veterans of the [[New Model Army]] who had served in Ireland. |
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===Confirmation=== |
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In June [[1657]], the [[Act of Settlement 1657]] "for the Assuring, Confirming and Settling of lands and estates in Ireland" ratified previous decrees, judgements, grants and instructions made or given by the various officers and councils in applying the 1652 Act. |
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===Mitigation=== |
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[[List of Ordinances and Acts of the Parliament of England, 1642 to 1660|All Ordinances and Acts of Parliament]] passed during the English Civil War and the Interregnum were considered void after the [[English Restoration]] as they had not received [[Royal assent]].<ref>Stephen C. Manganiello (2004). ''The Concise Encyclopedia of the Revolutions and Wars of England, Scotland 1639-1660'', Scarecrow Press, ISBN 0810851008, [http://books.google.com/books?id=an-eXXA3DBMC&pg=PA401&lpg=PA401&source=web&ots=Jhe2-FDkGp&sig=LvlNLeDFsY9V_fL8auKLbgWlUtc p. 401]</ref> |
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In [[1662]], an [[Act of Settlement 1662]] (after the Restoration) aimed to reduce its effect on Protestant and "innocent Catholics." This Act returned some lands to prominent Irish Royalists, but left most of the land confiscated from Irish Catholics in Protestant hands. This was similar to the post-Restoration situation in England, where Church and Royal lands were returned by Act of Parliament, but other confiscated Royalist lands could only be regained through civil litigation. |
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==Notes== |
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{{reflist|group=nb}} |
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{{refimprove|date=September 2008}} |
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{{reflist}} |
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[[Category:Irish constitutional law]] |
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[[Category:English laws]] |
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[[Category:1652 in England]] |
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[[Category:1652 in Ireland]] |
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Revision as of 11:47, 10 October 2008
Shandar was a French record label specializing in avant-garde material that did seminal work during the 1970 releasing, among others, recordings by Albert Ayler, Karlheinz Stockhausen, Steve Reich, Sunny Murray, Philip Glass, Charlemagne Palestine, La Monte Young, Alan Silva, Pandit Pran Nath, Terry Riley, Cecil Taylor and Sun Ra. The records often carry, besides the name Shandar, also the logo Shanti.
The label was financed by Aimé and Marguerite Maeght, creators of the Maeght Foundation which organized modern art exhibitions and concerts. Consequently, much of the label's catalog consists of recordings of Maeght-sponsored concerts, as in the cases of Cecil Taylor's and Albert Ayler's Nuits de la Fondation Maeght. Among the works in its catalog, one of the most unusual is La Monte Young's Dream House 78' 17", containing the music for one of Young's installations (The Dream House): both sides were almost 40 minutes long for a total duration of 78' 17", a length unheard of at the time but made necessary by the nature of the work.
Must be also mentioned the unique "Guitares Dérive" (catalog number Shandar 83516), written and performed live by Vincent Le Masne and Bertrand Porquet, a classical guitar duo in a very brilliant repetitive way, unusual in that style because of a never systematic writing, in constant harmonic and dynamic evolution.
In spite of the unique material it owned, the label was short lived. According to the magazine The Wire, a cellar beneath an art gallery in 40 Rue Mazarine in Paris where founders Daniel Caux and Chantal Darcy worked was flooded in 1979, damaging irreparably both vinyl stocks and recordings. The gallery closed soon thereafter and Shandar vanished.
Some of its catalog was subsequently bought by other small labels and is therefore still available, but much of it has disappeared.
References
- Shandar record covers / sleeve notes
- Ed Maurer's Discography of Shandar Records
- January 3, 2003 issue of "The Wire"