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A45975 An act for the better execution of His Majesties gracious declaration for the settlement of his kingdome of Ireland and satisfaction of the several interests of adventurers, souldiers, and other His Majesties subjects there.; Public General Acts. 1662. 14 & 15 Car.II Session 3 c.2 Ireland.; England and Wales. Sovereign (1660-1685 : Charles II). 1662 (1662) Wing I309A; ESTC R223687 110,568 130

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to be settled with them in that Our Kingdome And least any Ambiguity or controversy might arise for precedency in restitution to their former Rights We do Declare That first all innocent Protestants and those persons termed innocent Papists who never took out any Decree or had lands assigned to them in Connaught or Clare be first restored In the next place That those innocent Protestants and Papists who took out Decrees and had lands allotted to them in pursuance thereof in Connaught or Clare shall be restored And that such transplanted persons as shall be dispossest of their Decreed Estates in Connaught or Clare by virtue of this Our Declaration shall be Reprized out of other Forfeited lands of equal value worth and purchase in the said Province of Connaught or County of Clare or elsewhere before they be dispossest of their said Estates And that then such of the Irish Papists who constantly served under Our Ensigns abroad having right to the Articles of Peace are to be restored of which if any dispute shall be of their Capacity of Priviledge herein We shall by further intimation of Our pleasure to Our Chief Governour or Governours in that Our Kingdome and Council there give a final Resolve and Determination therein Yet this is alwayes so to be understood That whatsoever person or persons in the next precedent Qualifications shall find any part of his or their Estates not already disposed or not designed to be disposed to the ends aforesaid exprest in this Our Declaration That such person or persons their Heirs or Assigns shall be respectively restored to his or their said Estates And We further declare That in respect many have contracted very just Debts for furnishing Armes Ammunition and other necessary provisions for carrying on the War in Ireland before One thousand Six hundred Forty nine for which they have given security and so made themselves liable to suit and hazard which in all equity ought to be provided for That after such Reprizals made as aforesaid satisfaction shall be set forth out of the remaining lands in Our disposal to such persons their Heirs and Assigns And We are graciously pleased further to Declare That every Adventurer and Souldier their Heirs and Assigns setled in lands Tenements and Hereditaments as aforesaid And every person restored unto or Reprized for his Estate as is formerly mentioned shall pay unto Vs Our Heires and Successors yearly for ever the Rents following viz. For every Acre in the Province of Leinster Three pence For every Acre in the Province of Munster Two pence Farthing For every Acre in the Province of Connaught One penny Half penny And for every Acre in the Province of Ulster One penny accounting as to the payment of the said Rent only One hundred and Sixty Pearches to the Acre and Sixteen Foot and a half to the Pearch And all such as receive satisfaction for their Arrears out of the Houses and Tenements in the several corporations in Ireland one shilling six pence yearly out of every Twenty shillings Rent so that the Rent formerly reserved on such Estates so to be restored exceed not the Rent hereby reserved But if the said Rent formerly reserved do exceed the Rent hereby to be reserved the said former Rent only shall be paid and the said Estates respectively shall be discharged from payment of the Rent or Rents hereby reserved And it is Our further pleasure and We do hereby declare That all Lands Tenements and Hereditaments thus settled and to be settled upon Adventurers shall be held of Vs Our Heirs and Successors in Free and common Soccage as in the Statute of the Seventeenth Caroli is limited and appointed And that all Lands Tenements and Hereditaments setled or to be setled on the Souldiers who are out of the said Act and not provided for by it shall be held of Vs Our Heirs and Successors by Knights service in Capite All other particulars above mentioned being fully effected we trust through the goodness of God that that near ruined Kingdom will be restored to peace plenty And that by such signal evidences of our justice favor mercy the wicked will be deterred from their wickedness the good encouraged confirmed in resolutions of loyalty towards us and peace among one another And as in this Our Declaration we have made choice of those means which in Our Wisdome and Iudgement We have esteemed most conducible to the Quiet and Settlement of that Our Kingdome so We esteem it necessary further to declare That it is Our firm intention forthwith to call a Parliament in that Our Kingdom and effectually to recommend unto Our Chief Governour or Governours Privy Council and Our said Parliament the establishing by Laws there all the particulars mentioned in this Our Declaration and such others as shall be found necessary for the good of Our People there and after such Bills are past that then an Act of Free and General Pardon Indempnity and Obliv●on shall be granted to all Our Subjects of and in Ireland notorious Murderers only excepted And because We are too credibly assured That in the Decrees and Iudgements given for Forfeited lands in the Province of Connaught and County of Clare much injustice and fraud hath been used We shall recommend the whole review of that business to Our Chief Governour or Governours for the time being and Our Privy Council and Commissioners or some of them to the end that whatever irregularity shall be found in those proceedings may by their Care and Wisdome be rectified and the Iust part thereof confirmed As also that a suitable Act for Ireland for confirming Iudicial proceedings there in the four Courts may be there past And another Act for ratifying all Decrees and Iudgements in the Court of Claims and Exchequer of Dublin and the Claims of Our Protestant Subjects of Ireland that so all Our Subjects being legally setled and confirmed in their lives properties and Estates they may without fear for the Future betake themselves to mend the Ruines and Desolations of so long and bloody War and live in comfort and unity And We more than hope that by Our thus proceeding the World will believe nothing of Our own Advantage can come in competition with the Peace and Good of Our Subjects for We reserve little to Our Self but the satisfaction of contenting all Interests at the price of freely parting with almost all the great Forfeitures vested in Vs by Law in that Our Kingdom And if by this Indulgence We shall attain that desired end it will be much more considerable unto Vs than the rate at which We purchase it And We further Declare That whereas several of the Adventurers and Souldiers having made a thankful estimation of our grace and favour expressed by this our Declaration in settling them in a peaceable possession and right of what they enjoy by Our waving those many advantages devolved upon us by law have voluntarily exprest their own willingness and confidence of the
from time to time out of the ac●ruing Rents Issues Fines and Profits which shall come into the Receipt of your Majesties Exchequer for or by reason of the licencing or permitting the Sale of Wine Aqua-vitae or Strong-waters or any of them by Retail in this Kingdome pay or cause to be paid without further delay Order or Directions unto the said Sir James Shane his Executors Administrators or Assigns half yearly every Michaelmas and Easter the currant Interest of the said Eight thousand Pounds or so much thereof as shall remain unsatisfied the first payment of the said Interest money to be made at Michaelmas One thousand six hundred sixty two and that the said Sir James Shane his Heirs and Assigns shall have and enjoy the full benefit and advantage and effect of your Majesties Gracious Letters under your Royal Signet bearing date the Twenty fifth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto him his heirs and assigns in satisfaction of Adventures and other Interests according to the Rules of the said Declaration so far forth as the Lord Lieutenant or other chief Governour or Governours of this Kingdome for the time being shall judge the several matters and things therein contained to be consistent with your Majesties said Declaration excepting only what relates unto his said Estate in Irris any clause proviso sentence matter or thing whatsoever in this Act contained in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being by and with the consent of the Privy Council shall have full power and authority out of the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by virtue thereof to settle such a yearly allowance for ever not exceeding one Thousand Pounds Per Annum for the founding erecting and endowing of Hospitals and Work-houses for Souldiers maimed or wounded in the Service of Ireland and in case of deficiency of such persons then towards other publick and pious Vses in such manner and in such places as they shall think most equal and fit Provided also That whereas such Papists as by special Grace are restorable unto their Estates by this Act ought in some measure to manifest their gratitude unto Your Majesty for the Happiness and advantage which they enjoy by Your Majesties wonderful Restauration and thereby the better enable your Majesty to restore or satisfie divers persons who have suffered much in Your Majesties Service and for want of Reprizals may not be restored to their Estates Be it Enacted by the Authority aforesaid that it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being to charge for the use of Your Majesty the Estates of the persons so restorable not exceeding the proportions following viz. All Papists who took no lands in Connaught one half years value and such as took lands in Connaught one years value of the Estates unto which they are or shall respectively be restored what they shall be so charged with to be paid in the same manner and proportion as the respective sums payable by the Adventurers or Souldiers are made payable by this Act and that the same shall be paid unto the Receipt of his Majesties Exchequer to be disposed of for satisfying the said unrestored persons or for the buying and purchasing of Reprizes Adventures Arrears Incumbrances or other allowed Interest confirmed by this Act from such person or persons as shall be willing to sell their respective Rights thereunto whereby the Lands designed for Reprizals may the better hold out to answer the ends of Your Majesties said Declaration any thing in this Act notwithstanding Provided also and be it further Enacted by the Authority aforesaid That in case Reprizals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof cannot or shall not obtain or receive the full Benefit intended them then it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being and they are hereby authorized to order appoint and make distribution amongst them of the Satisfaction or Restitution allotted them in such proportions and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned nevertheless according to the Rules and Directions of the Declaration concerning them in all other points and particularly in that of previous Reprize or Reprizals which Order and Appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the Execution of this Act any thing therein contained to the contrary in any wise notwithstanding Provided always and be it hereby further Enacted That all such Castles Manors Lands Tenements and Hereditaments in the County of Sligo as have been purchased by Sir Philip Percivall Knight deceased or any other person or persons in trust for Thomas late Earl of Strafford and Sir George Ratcliffe Knight deceased or either of them and their Heirs or the Heirs of either of them and whereof they or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed at any time before the Three and Twentieth day of October One thousand Six hundred Forty one shall be and are hereby vested in his Majesty his Heirs and Successors and so remain and continue until the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Council there shall upon hearing of the said Purchasers their Heirs or Assigns and the Heirs and Assigns of the said late Earl of Strafford Sir George Ratcliffe and also upon hearing of the persons their heirs or assigns who sold the premisses or any part thereof declare and adjudge whether the same do belong to Sir Philip Percivall his heirs or assigns in trust for William Earl of Strafford and Thomas Ratcliffe or either of them or to any other person or persons his or their heirs or assigns of whom the same are pretended to be purchased as aforesaid which Declaration and Iudgement shall be as good and effectual in Law to all Intents and Purposes on behalf of the person or persons for whom the same shall be made as if the same had been particularly Enacted by these presents any Distribution or Allotment thereof during the late times of Vsurpation to any Adventurer or Souldier any defect of Conveyance or Assurance to the said Sir Philip Percivall or other the Trustees of the late Earl of Strafford and Sir George Ratcliffe any Right or Title in his Majesty by virtue of the Office or
of or belonging to the respective Abbies late dissolved Monasteries Religious Houses Priories or Parishes of Ballytabber in the County of Mayo Knockmoy Kilcreulta Oran alias St. Maries Athenry and Dunmore in the County of Galway and Tyhone in the County of Tipperary or any of them together with all the Impropriate Tythes and Rectories and appurtenances of the said Impropriations Tythes and Rectories or belonging thereunto which belong unto or by this Act are vested in your Majesty to any of the aforesaid Vses according to the tenor and effect of such grant or grants as hath or have been or hereafter shall be past unto him thereof by your Majesties letters Patents in that behalf he or they paying yearly for the same double the Exchequer or Crown Rent reserved thereupon in the year One thousand six hundred forty One Provided alwayes and it is further Enacted by the Authority aforesaid That in all cases of grants of lands made since the date of his Majesties Declaration and Instructions or in case of Provisoes in this Act which give Reprizals to any person or persons of meer Grace that could not claim Reprizals by virtue of the said Declaration or Instructions and not as Adventurers or Souldiers the person or persons concerned in such grants or provisoes shall not have benefit of Reprizals till after such persons and Interests Reprizable by the said Declaration and Instructions be first reprized And whereas during the passing of this present Act Charles Earl of Mountrah died whereby some Questions have arisen between the Countess Dowager of Mountrath and the Heirs and Younger Children of the said Charles Earl of Mountrah concerning the Settlements and Dispositions of the said Charles Earl of Mountrath and his Intentions to dispose of his new acquired Estate be it further Enacted by the Authority aforesaid That all and singular the Manors lands Tenements and Hereditaments and all benefits of Reprizals and other the advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall accrue unto and remain be and continue in his Majesty his Heirs and Successors until such time as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Privy Council there shall upon Examination of the Settlement and the last Will and Testament of the said Charles Earl of Mountrath if any such Will there be and of any other matters or things whereby the Intentions of the said Charles Earl of Mountrath in disposing of his said Estate may appear and according to such dispositions as the said Charles Earl of Mountrath did make in his life time make a final judgement and determination therein and that such judgement and determination and all Grants and Letters Patents that shall be thereupon made shall be as good and as effectual in Law to all intents and purposes as if the same had been particularly mentioned in this present Act. Provided alwayes That if such iudgment and determination shall not be made within Two Moneths after the sitting of the Commissioners for execution of this Act in Ireland that then all and singular the manors lands tenemens and hereditaments and all other the benefits and advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall go and enure according to the general purport provision and meaning of this Act herein before expressed to such person or persons as by this Act can make best Title thereunto and that in such case the foregoing Clause shall be of no effect and utterly void and that in the mean time the possession of and in the premisses hereby vested in his Majesty shall not be disturbed but be and remain where it now is And that the Arrears of Rent and mean profit of the same shall and may be received by those that are in possession thereof subject to the said final judgement and determination any thing in this Act to the contrary thereof in any wise notwithstanding And be it further enacted by the Authority aforesaid That all the Lands Tenements and Hereditaments lying in the Baronies of Dunboyne and Rathtooth and County of Meath whereof Henry Cromwel was by himself his Tenants or Assigns possessed the Seventh of May One thousand six hundred fifty nine be setled upon and confirmed unto Sir William Russel of Laughorn Baronet and Doctor Jonathan Goddard their Heirs and Assigns for ever And that the Lands Tenements and Hereditaments lying in the Province of Connaught whereof the said Henry Cromwel was in the like manner possessed on the said Seventh of May be setled upon and confirmed unto John Russel of Chipuham Esq his Heirs and Assigns for ever any thing in this Act to the contrary notwithstanding the same together with all Arrears of Rent to be had and held by and according to such Rents Tenures and Directions for restitutions Incumbrances and Reprizals as by his Majesties Declaration of the Thirtieth of November One thousand six hundred and sixty is expressed concerning such as were then of his Army in Ireland and moreover That Eight hundred and Fifty Pounds be satisfied unto the said John Russel as an Adventurer in such manner as by this Act is appointed in the case of any other Adventurers Provided also and it is Enacted by the Authority aforesaid That the Heirs of Sir Lucas Dillon Knight Sir Robert Talbot Baronet the Heirs of Sir Valentine Blake Baronet Sir Richard Blake Knight Doctor Gerrald Fennel Geoffry Brown John Brown of the Neal John Walsh Thomas Terril Edmond Dillon John Talbot of Mallahide Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourk of Derry Maclaghney Thomas Arthur Esq Doctor in Physick Gerrald Flemming of Castle-Fleming Luke ●ath of Ackarne and Bartholomew Stackpoole Esqs who or their respective Fathers have eminently suffered for their adhering to the Authority of his Majesty or his late Father of blessed memory in this Kingdom against the Nuntio and his party shall be forthwith restored to their former respective Estates Houses Manors Lands Tenements Hereditaments Rents Priviledges and Services by them claimed as respective Inheritors and Proprietors or as Heirs to their respective Fathers and whereof they or any of their said Fathers were dispossessed by the late Vsurped Power and be therein setled and quieted in possession to them and their Heirs respectively as fully freely and beneficially and with the same Advantages Benefits and Assurances to all intents and purposes as the Lord Viscount Nettervil and the Lord Viscount Galmoy and the rest with them in the Declaration herein before-mentioned ought by virtue of the said Declaration and this present Act to be restored to their respective Estates any thing herein contained to the contrary notwithstanding Provided always That as to all and every the Clauses and Provisoes herein before-mentioned wherein or whereby the Estates or Interests of any private persons are setled and confirmed and the several and respective Grants thereby made to any person or persons It shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being at any time before the first day of December One thousand six hundred sixty two to suspend the Execution thereof or of any of them till they have examined and informed themselves concerning the same and such of them as they shall finde contrary to or inconsistent with the aforesaid Declaration and Instructions or inconvenient for the general Settlement hereby intended to be allowed in their full latitude they have full power and Authority hereby granted to them to retrench alter or change and by their Direction or Order to the Commissioners for Execution of this Act to disallow such of them as they shall think meet in part or in whole or to order how far and in what manner the same shall be executed or observed Which Direction or Orders of the said Lord Lieutenant or other Chief Governour or Governours and Council shall be final and are to be obeyed by the said Commissioners whose proceedings thereupon or in pursuance thereof shall be as valid to all intents and purposes as if they had been particularly appointed or directed by this Act any thing therein contained to the contrary notwithstanding FINIS
AN ACT For the better Execution of His MAJESTIES GRACIOVS DECLARATION For The SETTLEMENT Of His Kingdome of IRELAND AND Satisfaction of the several Interests of Adventurers Souldiers and other His Majesties Subjects there C R HONI ●OIT QVI MAL Y PENSE DIEV ET MON DROIT DVBLIN Printed by John Crook Printer to the Kings Most Excellent Majesty 1662. AN ACT FOR THE Better Execution Of His MAjESTIES Gracious Declaration for the Settlement of his Kingdom of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other his Subjects there WHEREAS an unnatural Insurrection did break forth against your Majesties Royal Father of ever blessed Memory his Crown and Dignity in this Your Majesties Kingdome of Ireland upon the 23. of October in the year of our Lord God 1641. and manifest it self by the murther and destructions of many thousands of your said Majesties good and loyal Subjects which afterwards universally spreading and diffusing it self over the whole Kingdome settled into and became a formed and almost National Rebellion of the Irish Papists against Your Royal Father of blessed Memory his Crown and Dignity to the destruction of the English and Protestants inhabiting in Ireland the which Irish Papists being represented in a General assembly chosen by themselves and acting by a Council called by them The Supream Council of the Confederate Roman Catholicks of Ireland did first assume usurp and exercise the power of Life and Death make Peace and War levy and coyn Money and many other Acts of Soveraign Authority treating with forreign Princes and Potentates for their Government and Protection and afterwards acted under a forreign Authority by all the said ways disowning and rejecting your Royal Father and your Majesties undoubted Right to this Kingdom even whilest they treacherously used his and your Majesties Names in the outward forms of their Proceedings withall impiously seeming by words and shows to swear even unto that which by the whole series of their deeds they denied and moreover presuming to pretend his late Majesties most Sacred Authority even for their worst actions all which they did amongst other their evil designs to frighten his good Protestant Subjects from their loyalty to blast his Majesties Honor and to widen the breach between his said Majesty and his seduced Subjects in England The which ends by their said wicked stratagems they did too succesfully and mischievously effect And whereas Almighty God hath given your Majesty by and through your said English and Protestant Subjects absolute Victory and Conquest over the said Irish Popish Rebels and enemies so as they their Lives Liberties and Estates are now wholly at your Majesties disposition by the Laws of this Kingdom And whereas several of your Majesties Subjects by whom as instruments the said Rebels were totally subdued did in the time of your Majesties absence beyond the Seas for supply of the then pressing necessities and to prevent the further desolation of this your Majesties Kingdom enquire into the Authors Contrivers and Abettors of the said Rebellion and War and after much deliberation among themselves and advice from others had thereupon did dispossess such of the said Popish Irish Rebels of their Lands Tenements and Hereditaments as they found guilty of and to have been engaged in the said Rebellion or War aforementioned and did withall distribute and set out the said Lands to be possessed by sundry persons their Agents and Tenants who by advancing of their Moneys and Goods or by hazarding of their Lives had contributed unto the said Conquest or who had been otherwise useful as having served or suffered in the suppression of the said Rebellion and War and whereas several of your Majesties Protestant Subjects as soon as with much difficulty and hazard they had gotten the power of this Kingdom into their hands did according to their bounden duty with all humility and chearfulness invite your Majesty into this your Kingdom with a faithful engagement to serve your Majesty with their Lives and Estates and afterwards when your Sacred Majesty their Soveraign Lord and King by your Gracious Letters from Breda bearing date the 4 14 day of April in the Twelfth Year of your Majesties Reign intimated your Royal Intentions of returning to the exercise of your Regal Authority they with others of your Majesties Protestant Subjects did readily and dutifully yield up themselves and the said subdued people with this your Kingdom of Ireland unto your Majesties absolute obedience and disposition who thereupon after many Moneths Consideration and the publick hearing of all parties concerned in and pretending to Lands and Estates in this your Majesties Kingdom as also after the receiving and weighing of expedient upon expedient in order to an universal accommodation and final settlement did at length in your Princely Wisdom Grace and Iustice set forth a Declaration bearing date the 30. day of November in the Twelfth year of your Majesties Reign with several Explanations and Instructions relating thereunto expressing your Royal pleasure concerning the People and Territories of this your Majesties said Kingdom Declaring it likewise to be your pleasure That all the particulars in the said Declaration mentioned should be effectually recommended unto your Majesties chief Governor or Governors Privy Council and Parliament in this Kingdom for the establishing the same by Law Now We the Lords Spiritual and Temporal and the Commons in this present Parliament assembled having well weighed and considered the nature of the Rebellion and War above mentioned together with the Causes thereof and Motives thereunto and with what Industry and Malice the Regal Authority the Brittish Interest and Protestant Religion were pursued and endeavoured to be eradicated and being withal very sensible of the vast expense of Blood and Treasure and of the unspeakable sufferings which the Brittish and Protestants as well several times heretofore as of late have undergone to reduce this your Majesties Kingdom to a perfect obedience unto the Crown of England do most thankfully acknowledge accept and admire your Sacred Majesties Wisdom Grace and Iustice towards all Interests in that your Majesties said Gracious Declaration and Instructions expressed And forasmuch as the Rapines Depredations and Massacres committed by the said Irish and Popish Rebels Enemies are not only well known to this present Parliament but are notorious to the whole World notwithstanding the many means and artifices which for many years together have been used to murther such witnesses suppress such evidences and also to vitiate and imbezle such Records and Testimonies as might prove the same against particular persons and lastly for that the said Rebels since their throwing off your Royal Fathers and your Majesties Government are become subdued and conquered enemies and have justly forfeited all their Rights Titles and Estates in this Kingdom It is therefore Enacted and be it Enacted by your most Excellent Majesty with the consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the
and payable to him by the Adventurers and Souldiers to be held of his Majesty his Heirs and Successors by the tenure of Frank Almoyne or other service and tenures as the same were held before the making of this Act. And be it also Enacted by the Authority aforesaid That all and every Impropriations or Appropriate Tythes forfeited to or vested in His Majesty his Heirs and Successors by this Act or otherwise forfeited or Escheated to his Majesty in right of his Crown if there be no lease or leases thereof in being unforfeited or otherwise as soon as the unforfeited lease or leases shall be expired or otherwise determined are hereby given to the Church for ever and hereby are and for ever shall be setled and established upon the present and future Incumbents and their Successors which have or shall have actual cure of Souls in those respective Parishes wherein such Impropriations are and such Impropriate Tythes do arise and renew reserving such a proportion of them to be disposed and setled upon the Vicars and Quire-men of each Cathedral Church as an Additional provision for the increase of their Maintenance as to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being at any time before the First of January One thousand six hundred sixty four shall be thought fit and convenient They the said Incumbents and their Successors paying to His Majesty his Heirs and Successors for the same such Rents Reservations and Duties as formerly were paid for the same with such increase of Rents as by the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being with six or more of the Council shall be adjudged reasonable and convenient within the space of Two years from the passing of this Act and not after or from the expiration of the said unforfeited leases respectively Provided that neither this Act nor any thing therein contained shall extend to the disposing or altering of any Impropriate Rectories or Tythes or Rents now or lately enjoyed or possessed by or setled on the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being or which at any time hath been or now is enjoyed possessed or received by the Lords Presidents of Munster and Connaught in the right of their respective places any thing in this Act to the contrary in any wise notwithstanding And that the Lord Chief Iustice of His Majesties Court of Kings Bench the Lord Chief Baron of His Majesties Court of Exchequer and the Master of the Rolls or any other of His Majesties Officers of this Kingdome for the time being shall and may have and receive such Port-Corn of the several Rectories which formerly have been formerly paid and reserved And to the end that this present annexation of the said Rectories impropriate unto the several and respective Churches as aforesaid may not be too prejudicial unto those persons who by the Rules of this present Act might otherwise expect to be restored thereunto It is hereby further Declared and Enacted That it shall and may be lawful to for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being to allot assign and appoint unto all and every person and persons who by the Rules of this present Act shall or may be restored thereunto in case no such annexation hath been made such recompence and satisfaction out of the said respective Impropriations as to him or them shall be thought most fit and reasonable which Recompence and Satisfaction so as aforesaid to be assigned shall be by virtue of this present Act received and enjoyed accordingly And whereas by Act of Parliament held at Westminster the Third of November in the Year of Our Lord God One Thousand Six Hundred and Forty Intituled An Act c. as also by His Majesties Gracious Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty It was carefully provided amongst other things That care should be had for erecting of Churches and that maintenance for preaching Ministers should be provided In pursuance whereof Be it Enacted by the Authority aforesaid That out of every one hundred Acres of Forfeited and Escheated Lands vested in his Majesty by this ●ct which are not yet actually disposed and distributed two Acres shall be allowed and set apart for Glebe in every Parish Barony and County as shall be most contiguous and convenient for the several Parish Churches in such places situate or to be situated and that out of all Forfeited and Escheated Lands so vested as aforesaid which are already disposed distributed or assigned and by this Act confirmed to the respective Possessors their Heirs or Assigns the said respective Possessors their Heirs and Assigns shall pay so much moneys as shall be sufficient to purchase such a number of Acres of the aforesaid measure and of the same Quality within the said Parish as the land out of which the said Acres should have been taken and assigned for Glebes at that present shall be adjudged the same Rent to be reserved payable to His Majesty his Heirs and Successors and in the same manner by the respective Incumbents and their Successors enjoying the said Lands so to be assigned to them for Glebes as the said Forfeited or Escheated Lands out of which they are taken shall be and are by this Act ordained for to pay And Be it further Enacted by the Authority aforesaid That out of all Forfeited Chauntries and all Lands Tenements and Hereditaments belonging unto the said Chauntries and vested in his Majesty his Heirs and Successors by this Act that are by this present Act set out assigned or intended to be set out or assigned to any Commissioned Officers their Heirs or Assigns who served His Majesty or His Royal Father of ever blessed Memory in the late of Wars of Ireland at any time before the Fifth of June One Thousand Six Hundred Forty Nine and received no satisfaction for the same and which paid any Rent to the Church in the Years One Thousand Six Hundred and Forty and One thousand Six Hundred Forty and One there shall be paid for ever by such Officer or person his Heirs or Assigns so enjoying the said Chauntries or the Lands Tenements or Hereditaments to them belonging the Rent and all other Duties formerly upon or out of them paid or received unto the Church or in lieu and satisfaction thereof Two shillings for every pound of improved value at the Election of the Bishop of the Diocess which Rents are to be ascertained with all convenient speed by the Chief Governour or Governours of Ireland for the time being and Six of the Council or whom they shall appoint and the Rent so payable by such Officer or Person his Heirs or Assigns to the Church shall be paid to such Rectory or Vicarage that either is or shall be of the Church wherein such Chauntry was erected or otherwise to such Ministers of
lyable to the Satisfaction of such Arrears in the County of Kildare and elsewhere in the Kingdom of Ireland lying most convenient unto the Estate of the said Earl of Kildare which he the said Wentworth Earl of Kildare shall make choice of all which said Satisfactions are to be made at the same Rates and Proportions and according to the same Rules as are directed by this Act in Cases of the like Nature any thing in this present Act or any clause therein contained to the contrary in any wise notwithstanding Provided always and be it further Enacted That all such Adventurers who are or shall be removed from any of the Lands Tenements and Hereditaments belonging to Theobald Purcell of Loghmoe in the County of Tipperary lately deceased shall be only reprized out of Surplusage Lands within the Security of the Adventurers any thing in this Act to the contrary thereof in any wise notwithstanding Provided alwayes That nothing in this Act contained shall prejudice the Right Title or Interest of Martin Noel or John Arthur in any the forfeited houses tenements or hereditaments in the Town of Wexford And it is hereby Enacted That such of the said Houses Tenements and Hereditaments in the said Town of Wexford as shall be found to be forfeited and already set out unto the said Martin Noel and John Arthur shall be and are hereby vested in and setled upon the said Martin Noel and John Arthur their Heirs and Assigns for ever under such Rents and according to such respective Rules as were set down in his Majesties said Declaration and Instructions Provided alwayes That this Act or any thing therein contained shall not extend to any person or persons Bodies Politick or Corporate any Manors Lands Tenements Rents Reversions Services or Hereditaments which did belong unto any Hospital Almes-house Lepers or Lazars or other charitable Vse within the said Kingdom of Ireland on the Two and Twentieth day of October in the year of our Lord One Thousand Six Hundred Forty one but that all such Manors Lands Tenements Rents Reversions and Hereditaments and every of them shall be restored setled and disposed to the respective Hospitals Almes-houses Lepers Lazars or other charitable Vse to which they or any of them did belong before the said year One Thousand Six Hundred Forty and One and that to be done by the Inspection Direction and Regulation of the Lord Lieutenant or other chief Governour Governours and Council for the time being any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it further Enacted That Arthur now Earl of Anglesey and Lord Viscount Valentia his Heirs and Assigns in his and their respective Settlements and Satisfactions pursuant to this Act shall and may enjoy the ful benefit and advantage of his Majesties respective Gracious Letters in the behalf of the said Lord Viscount Valentia under his Majesties Royal Signet Inrolled in his Majesties high Court of Chancery in Ireland so far forth as the same are consistent with his Majesties said Declaration any thing in this Act to the contrary notwithstanding Provided alwayes and be it enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend or be construed to extend to any Manors Castles Towns Villages Messuages Houses Lands Tenements or Hereditaments whereof Simon Luttrel of Luttrelstown in the County of Dublin Esq deceased or Thomas Luttrel Son of the said Simon or either of them were or was seized in Fee or Fee Tail in Vse Possession Remainder or Reversion on the Two and Twentieth day of October One thousand six hundred forty and one or whereof they or either of them or their or any of their Tenant or Tenants was or were dispossessed expulsed or removed by or under colour of any Actings of the late Vsurped Power in the Kingdome of Ireland but that the said Thomas Luttrel his Heirs and Assigns shall and may from henceforth have hold and enjoy all and singular the said Manors Castles Towns Villages Messuages Houses Lands Tenements and Hereditaments with appurtenances without and before any previous Reprizals and at the ancient Rents and Tenures any thing in this Act contained to the contrary thereof notwithstrnding Provided alwayes and be it hereby enacted That John Bellew of Castletown in the County of Lowth Esq his Heirs and Assigns shall have hold possess and enjoy all the Houses Lands Tenements Rents Services and Hereditaments whatsoever which did belong in Possession Reversion or Remainder to Sir Christopher Bellew late of Castletown aforesaid Knight Father to the said John on the Two and Twentieth of October in the year of Our Lord God One thousand six hundred forty and one in as large and ample manner as the said Sir Christopher or any other in his Right or to his Vse enjoyed the same subject nevertheless to such Charges and Incumbrances as were justly laid upon or issuing out of the said Estate before the said Two and Twentieth day of October One thousand Six hundred forty and one any Clause Proviso matter or thing in this Act whatsoever to the contrary notwithstanding Provided alwayes That John Morrish and Robert Clayton and their Heirs Executors and Assigns shall have hold and enjoy all and singular the forfeited Manors Lands Tenements and Hereditaments in the County of Wexford in Ireland whereof they or One of them stand seized or possessed in Trust for Sir John Cutler Knight and Baronet Sir Edward Heath Knight of the Bath Thomas Yate Doctor in Divinity Robert Abbot Gentleman Didier Fouchant Gentleman and Timothy Stamp Esquire and whereon or on some part whereof Iron-works and other necessary Improvements have been erected and made and which were formerly purchased or taken in Lease in the Names of any of the parties above-named from Officers Souldiers or others to whom the same were set out or allotted in satisfaction of Adventures or Arrears or did otherwise of right appertain according to the effect and purport of the several and respective Deeds of Purchase and Demise and with such benefit of Reprizal in case of restitution or incumbrance and with such other Advantages as any Adventurer or Souldier their Heirs or Assigns within the Province of Leinster ought to have any thing herein contained to the contrary notwithstanding Provided alwayes and be it further enacted That the Lands and Estate formerly set out in the County of Cork unto Hercules Huncks Esq for his Arrears due for his Service in Ireland be established on and confirmed unto Edward Adams of London Merchant his Heirs and Assigns for ever according to such Tenures Rents and Services and under such Limitations and Directions for Reprizal as are set down and expressed for any other Officer or Souldier in this present Act any thing herein to the contrary notwithstanding And whereas several of the Inhabitants and Proprietors of the City of Dublin and Town of Drogheda who constantly adhered unto the Royal Authority until the withdrawing
of the Lands aforesaid as were set out upon the Ordinance commonly called The Doubling Ordinance over and above the money paid thereon are not intended to be hereby confirmed to the said John Lord Kingston and his Heirs without delivering up or discharging such Receipts or Certificates of deficient Adventurers or such part of his own his late Fathers Arrears or other Debentures for Service in Ireland before the Fifth day of June One thousand six hundred forty and nine provided for by this Act as shall amount unto the value or sum for which such proportion of Lands were or are to be set out to Adventurers in the Province of Leinster but that upon delivering up or discharging such Certificates Receipts or Debentures amounting to such sum or value the said Lands and every part thereof are hereby ratified and confirmed as aforesaid and shall stand remain and be unto the said Lord Kingston his Heirs and Assigns for ever And be it further Enacted by the Authority aforesaid That for all such Lands and Tenements claimed by the said Lord Kingston set out to or possessed by Adventurers Souldiers Transplanted or Transplantable persons their Heirs or Assigns on the said Seventh day of May One thousand six hundred fifty and nine whereof George Lord Baron of Strabane Sir Henry Talbot Sir William Dungan and Thomas Harman Esq or any other former or other proprietor is are or shall be possessed or restored unto he the said Lord Kingston his Heirs and Assigns shall be speedily and effectually reprized for the same out of such Lands and Hereditaments of the like yearly Rents and Profits in the Counties of Dublin Cork and Kildare or some of them as the said lands so possessed restored or to be restored are now worth to be letten any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That nothing in this Act contained shall extend to vest in his Majesty his Heirs and Successors the forfeited Lands Tenements and Hereditaments in the Counties of Westmeath and the Kings County whereof Sir Hardress Waller Isaac Ewer or any of them or any other person or persons in Trust for them or any of them or claiming by from or under them or any of them were on the Seventh of May One thousand six hundred Fifty nine seized or possessed but that the same and every of them shall be and are hereby vested in Francis Lord Angier and his heirs subject to the like Tenures Rents Services and Payments as any Adventurers within that Province wherein the Forfeited Lands hereby granted do lie are subject unto and with like benefit of Reprizal in case of Restitution or Incumbrance as any Adventurer ought to have any thing herein contained to the contrary in any wise notwithstanding Provided also and be it Enacted That all and every sum and sums of money due unto John Lord Kingston Richard Lord Baron of Coloony Sir Theophilus Jones Sir Oliver St. George Sir John Cole and Chidley Coote Esq for their respective Arrears for Service in Ireland before the Fifth of June One thousand six hundred forty nine shall be stated and satisfied unto them their Executors or Assigns respectively out of the Security in this Act appointed for satisfying Arrears before One thousand six hundred forty nine in the same manner and by the same Rules and Rates as before in this Act is provided for such as have Arrears due to them before One thousand six hundred forty nine and received no satisfaction for any Arrears since that time although the said persons or any of them have received Lands for Arrears since the said Fifth of June One thousand six hundred forty nine any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That Sir Paul Davys Knight shall have hold and enjoy to him and his heirs and assigns for ever all and every the Towns and Lands of Londonstown formerly belonging to William Fitz-gerrald attainted Barretstown formerly belonging to Christopher Eustace attainted Johnstown formerly belonging to James Flatsburry attainted and Palmerstown formerly belonging to the said James Flatsburry all situate lying and being in the County of Kildare with their and every of their Members and Appurtenances whereof the said late Proprietors respectively were seized or any other persons were seized for their uses or in trust for them respectively on the days of their respective Attaintures or at any time since the said Sir Paul Davys his heirs and assigns yielding and paying therefore yearly to Your Majesty your Heirs and Successors such and the like Rents as are appointed to be paid by Adventurers for Lands in the Province of Leinster by the Act made in the Parliament begun at Westminster on the third day of November One thousand six hundred and forty Intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due Obedience to his Majesty and the Crown of England unless the Rents formerly reserved on the premisses to the Crown on the Three and Twentieth of October One thousand six hundred forty one did exceed that Rent in which case the Rent to be the same it was on the Three and Twentieth of October One thousand six hundred forty one and the premisses to be held of your Majesty Your Heirs and Successors by the same Tenure which by the said Act is appointed for Adventurers for Lands in Ireland any thing in this Act contained to the contrary or any other Act matter or thing whatsoever to the contrary notwithstanding Whereas several Officers in Munster who ingaged themselves in his Majesties Army in the Kingdom of Ireland under the Command of his Excellency the Lord Duke of Ormond in the year One thousand six hundred forty eight were afterwards instrumental in the betraying of several considerable Towns and Garisons into the Vsurpers hands or his Forces Be it therefore Enacted by the Authority aforesaid That all such Betrayers and their actual Assistants the Heirs Executors Administrators or Assigns of them or any of them shall be wholly excluded from any benefit from this Act of Parliament as to their enjoyment of any lands for their Arrears before June One thousand six hundred forty nine or any part of them other than such who within twenty four moneths after the date of this Act shall make it appear to the Lord Lieutenant of that Kingdom or the Chief Governour or Governours thereof with six of the Council that they made some repair for their former faults by their timely and seasonable appearance for Our Restitution in the year One thousand six hundred and sixty And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall forthwith set out or cause to be set so much of the Forfeited Lands as do amount unto the clear yearly value of three hundred pounds per annum and are nearest adjacent and
Inquisition in the time of his Royal Father for vesting Land in the Province of Connaught or any other matter or thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That Maurice Keating Esq Son and Heir of Edmond Keating of Norraughmore in the County of Kildare Esq shall and may have hold and enjoy to him and his heirs all and every the Manors Towns Villages Lands Tenements and Hereditaments in the Kings County purchased by or in trust for his said Father before the three and twentieth day of October One thousand Six hundred Forty one from John Carrol Esq if the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council thereupon hearing the parties concerned shall think fit to adjudge the same accordingly any thing in this Act or in any other Act contained to the contrary thereof notwithstanding Provided always and be it further Enacted That Theobald Lord Viscount Taaff Earl of Carlingford shall have hold possess and enjoy to him and his Heirs all those the Lands Manors Tenements and Hereditaments in the County of Lowth whereof the said Theobald upon the first day of August in the year One thousand six hundred sixty one was possessed or were set out assigned or granted to the said Theobald by way of Custodium or otherwise in Order to a further Settlement thereof to and on the said Theobald and his heirs for and in lieu of the Estate of Coloony in the County of Sligo and also that the said Theobald shall have and enjoy to him and his heirs the Manors Lands Tenements and Hereditaments whereof Christopher Taaff of Bragganstown and Theophilus Taaff of Cookestown or either of them or any of their Ancestors or any other person or persons to their use or in trust for them or any of them stood seized or possessed upon the two and twentieth day of October One thousand six hundred forty one all and singular which premisses the said Theobald Lord Viscount Taaff Earl of Carlingford shall hold to him and his heirs at and under the same or like Tenures Rents and Services as the Officers and Souldiers by this Act are to hold any thing in this Act contained to the contrary notwithstanding And whereas Your Majesty by your Letters Patents under Your Great Seal of England bearing date the eight day of April in the year of our Lord One thousand six hundred sixty two and in the Fourteenth year of Your Majesties Reign was graciously pleased to grant to Richard Earl of Clanrickard and his Heirs the Honours Castles Lordships Seigniories Abbeys Abbey-lands and Impropriate Tythes Lands Tenements and other Hereditaments to the uses and in such manner as is therein mentioned Provided therefore That this Act or any thing therein contained shall not extend to or be construed to extend to vest in Your Majesty Your Heirs or Successors any Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes or other Lands Tenements or Hereditaments whatsoever which are granted or intended or mentioned to be granted by the said Letters Patents any thing in this Act contained to the contrary notwithstanding And be it Enacted by the Authority aforesaid That all and singular the Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes Lands Tenements and other Hereditaments whatsoever which are granted or intended or mentioned to be granted in or by the said Letters Patents shall be immediately without any previous Reprizal or other Incumbrance whatsoever vested setled and established and are hereby vested setled established in the said Richard Earl of Clanrickard his heirs to and for the uses intents purposes in such manner as is expressed set forth in by the said letters Patents to no other use intent or purpose or in any other manner whatsoever that the said Richard Earl of Clanrickard and his Heirs shall and may have hold occupy and enjoy the same to the Vses Intents and Purposes and by and under the Rents and Services in and by the said Letters Patents mentioned and reserved and by no other Rents or Services any thing in this Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or any cause matter or thing had made transacted or done to the contrary notwithstanding Saving to all manner of persons Bodies Politick and Corporate other then Your Majesty your Heirs and Successors and such as shall or may claim from by or under Your Majesty and other then such whose Estate would have vested or been in Your Majesty by the general scope words or intent of this Act if the above-Proviso were not had made inserted or mentioned in this Act and other then such who had held or were possessed of any of the Lands Tenements or Hereditaments by the said Letters Patents granted by or under any defeazable Right Title or Estate and other then such as shall or may pretend or claim any Right or Title thereunto in prejudice of any the Vses limited in and by the said Letters Patents by descent or by virtue of any Estate or Remainder in Tail from any the late Earls of Clanrickard all and every the Right Title Estate and Interest Nevertheless it is hereby declared and enacted That such persons their Heirs and Assigns to whom any of the lands belonging to the said Earl of Clanrickard have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first lands that shall come unto his Majesty in the Province of Connaught and County of Clare either by restoring of any persons to their Estates who were formerly Transplanted or otherwise any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid that the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being by and with the consent of the privy-Privy-Council shall have full power and Authority to erect another College to be of the Vniversity of Dublin to be called by the Name of The Kings College out of all and every the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by vertue thereof to raise a yearly allowance for ever not exceeding Two thousand Pounds per annum by an equal charge upon every One thousand Acres or lesser quantities proportionably and therewith to endow the said College which said College so as aforesaid to be erected shall be setled regulated and governed by such Laws Statutes Ordinances and Constitutions as his Majesty his Heirs or Successors shall under his or their Great Seal of England or Ireland declare or appoint Provided nevertheless and be it Enacted by the Authority aforesaid That Robert Boyl Esq his Executors Administrators and Assignes shall and may for and during the term of Thirty one years have hold and enjoy all and singular the impropriations