imposed or appointed to be levyed And the said Receivers herein after mentioned are to pay the moneyes by them received from time to time unto Arthur Earl of Anglesey Vice-Treasurer of Ireland or unto the Vice-Treasurer of Ireland for the time being And the said Arthur Earl of Anglesey or the Vice-Treasurer of Ireland for the time being is hereby appointed to issue out and pay all and singular the monies which by virtue of this clause shall be received and paid in or otherwise levyed as aforesaid unto such Irish Papists Popish Recusants and Roman Catholicks as served under His Majesties Ensigns abroad and are particularly mentioned in the late Declaration and were seized of or intitled unto any Lands Tenements or Hereditaments upon the three and twentieth of October One thousand six hundred forty and one to which they are not yet restored and in such parts and proportions as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint And whereas in the said former Act it is provided That the sum sums of money which have been forfeited by any Adventurer or Adventurers by reason he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them according to the tenor of the Acts of Parliament of the seventeenth eighteenth of King Charles the first be are hereby vested and settled in His Majestie His Heirs Successors as in by the said Act more fully appeareth which forfeited subscriptions adventures or sums of money are commonly called by the name of lapsed money And whereas His Majestie for the better increasing of the stock of undisposed forfeited lands and to the end that more of the ancient and former Proprietors may come to be restored is graciously pleased to relinquish his satisfaction of the said lapsed money by or out of any forfeited lands to be therefore set out and to accept of the sum of Thirty thousand pounds sterling to be paid unto His Majestie in lieu and recompence thereof Be it therefore Enacted by the Authority aforesaid That His Majesties right and title in and to any forfeited lands in recompense of and satisfaction for the said lapsed moneys shall be and is hereby released and discharged and further that it shall and may be lawful to and for the Lord Lieutenant and other Chief Governour or Governours of Ireland and Council there for the time being to assess and impose upon all and every the Lands Tenements and Hereditaments which by virtue of this Act shall be restored or confirmed to any former Proprietors of the Popish Religion or granted to any the Roman Catholicks of Ireland such further and other sums as they shall think fit for the raising and levying of Thirty thousand pounds sterling in the most equal and indifferent way that may be to be paid unto the Receiver herein after mentioned by two even und equal payments the first payment thereof to begin upon the first day of May which shall be in the year of our Lord God One thousand six hundred sixty and six and the second day of payment to be upon the first day of November in the year of our Lord One thousand six hundred sixty and six and in case any person or persons lyable to the payment of any part of the said Thirty thousand pounds so as aforesaid to be assessed and imposed shall make default of payment by the space of one and twenty days next after any the days and times wherein the same ought to be paid then the person so making default shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid and the Vice-Treasurer of Ireland for the time being shall issue out and pay or cause to be issued out and paid unto Richard Stratford of London Gentleman his Executors Administrators and Assigns the sum of Three thousand pounds sterling and the residue thereof being Twenty seven thousand pounds and all other the forfeitures and penalties which shall be incurred for non payment of the said Thirty thousand pounds unto such person and persons and to and for such uses as the said lapsed moneys or the lands to be set out in satisfaction of the same were or ought to have been granted in pursuance of His Majesties several and respective Letters under His Royal Signet bearing date upon the tenth or eleventh or the twelfth day of February in the Fourteenth year of His Majesties Reign and in the year of our Lord One thousand six hundred sixty and two or by any other Letters under His Majesties Royal signet or by any Letters Patents to Roger Earl of Orrery or others Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all the customs duties and impositions of what nature or kind soever which are or shall be due for any goods wares or merchandize imported into or exported out of the ports and havens of Strangford and Ardlass or either of them or any the members thereof or Creekes thereunto belonging heretofore the inheritance of Wentworth late Earl of Kildare and by him sold unto His Majestie shall be and are hereby vested in the Kings Majestie and shall be held and enjoyed by His Majestie his Heirs and Successors any defect in the conveyance thereof to his Majestie or other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Capital messuage mills mannors towns and lands of Chappel-Izzard alias Izzod with all the rights members and appurtenances thereof heretofore conveyed or mentioned to be conveyed or contracted for by or in behalf of the Kings Majestie and agreed to be conveyed by Sir Maurice Eustace Knight late Lord Chancellor of Ireland unto the Kings Majestie and for which part of the purchase money hath been paid by the Kings Majestie unto the said Sir Maurice Eustace in his life time shall upon payment of the residue of the purchase money unto the lawfull Executors of him the said Sir Maurice Eustace be and is hereby vested in the Kings Majestie his Heirs and Successors and shall be held and enjoyed by his Majestie his Heirs and Successors against the said Sir Maurice Eustace and his heirs and all and every other person and persons claiming by from or under him them or any of them any defect in the conveyance or assurance of the premisses any thing in the said former Act or this present Act and any other matter or thing whatsoever to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot or cause to be set out and allotted unto Major John Neil so much of the undisposed and forfeited lands in the Barony of Barrymore in the County of Corke as may be sufficient to reprize
to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act do forthwith restore to John Talbot of Malahyde all and singular the Lands Tenements and Hereditaments in the County of Dublin which he the said John Talbot held and enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since such person or persons who purchased the same of and from Susanna Bastwick or her children or their Assignes being first satisfied out of the forfeited lands undisposed by this Act by an allotment of so many profitable Acres as may be equal in value worth and purchase to the lands so to be restored and after such restitution so made as aforesaid the said John Talbot shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so restored but subject to Quit rents any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir George Harbert of Dorrow in the Kings County Knight and Baronet shall by the Commissioners for Execution of this Act be forthwith restored unto and placed in the present and actual possession of all and singular the Lands Tenements and all other Hereditaments right title and interest whatsoever in the said Kingdome of Ireland which he the said Sir George Harbert or his Vncle Sir Jasper Harbert deceased or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth of October One thousand six hundred forty one or at any time since the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid shall hold and enjoy all and singular the Lands Tenements and Hereditaments so to be restored unto him and his Heirs by such tenures rents and services and no other tenures in Capite or by Knights service excepted as the same were held by on the said two and twentieth day of October One thousand six hundred forty one any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir Henry Tichborne Knight shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments which were set forth unto him in recompense and satisfaction of money and other provisions by him furnished for reliefe of the Army in Ireland between the years One thousand six hundred forty one One thousand six hundred forty three which have not been Decreed away by the Commissioners for Execution of the said former Act And that the Commissioners for Execution of this present Act shall out of the forfeited Lands which shall remain undisposed by this Act to Adventurers or Souldiers set out and allot unto the said Sir Henry Tichborne so many Acres of profitable land as may be equall in quantity to the lands so Decreed away to be held and enjoyed by the said Sir Henry Tichborne and his Heirs and that like effectuall Letters Patents shall be thereof granted any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed set out and allot unto Mabell Countess Dowager of Fingall so much lands as shall be of like yearly value as the lands which she the said Countess Dowager of Fingall formerly held or ought to have held for her joincture to be held and enjoyed by her the said Countess Dowager of Fingall for and during the term of her life any thing herein before contained to the contrary notwithstanding And whereas Samuel Avery late of London Alderman was in his life time an Adventurer for Lands in Ireland and did subscribe and pay in the sum of eleaven hundred pounds or thereabouts The satisfaction of which Adventure was afterwards set out and allotted unto him the said Samuel Avery in the Barony of Conello and County of Limerick who notwithstanding such allotment quitted the possession of his own lot entred upon the lot of Sir Charles Lloyd Baronet another Adventurer satisfied in part within the same Barony of Conello which lot continued in the possession of the said Samuel Avery his Heirs and Assignes until the same was lately restored unto the said Sir Charles Lloyd And whereas the said Samuel Avery did also in his life time contract and agree with the late Vsurpers in England for the Farm or Receipt of certain customs or impositions upon merchandize exported or imported then and there usually paid And upon such his contract and undertaking became indebted and stood charged and chargeable with the summ of Tenn thousand pounds or thereabouts as in and by the Records thereof remaining in the Court of Exchequer in England more fully appears which said Debt and duty stands excepted out of the Act of Parliament passed in England entitled An Act of Free and generall pardon Indemnity and Oblivion and remains vested in his Majestie and is still unsatisfied no lands or Tenements Goods or Chattells of the said Samuel Avery whereupon the said Debt might be levyed being to be found in England and the whole Adventure of the said Samuel Avery and the lands therefore set out in the said Barony of Conello although no defalcation thereof be made are too little to satisfie the said Debt so long behind and unpaid To the end therefore that full satisfaction may be made unto his Majestie for his said Debt as farr as by the said Adventure is possible Be it Enacted by the Authority aforesaid That all and singular the lands Tenements and Hereditaments in the Barony of Conello set out and allotted unto the said Samuel Avery as aforesaid not already Decreed away by the Commissioners for Execution of the said former Act into whose hands soever the same be come by any right or title derived by from or under the said Samuel Avery his Heirs or Assignes shall remain and continue vested in his Majestie his Heirs and Successors in satisfaction and discharge of the said Debt and if any part of the said lands have been Decreed away by the Commissioners for Execution of the said former Act The Commissioners for Execution of this Act shall forthwith Assigne unto his Majestie by Deed under their hands and Seales to be enrolled in Chancery so much more as may be equal in quantity and number of Acres to the lands so decreed away which lands so
Harviestown and the mill thereunto belonging PoleHore Bolgerstown and Muchy-wood and Mullindery with the appurtenances all lying and being in the County of Wexford And that he the said Philip Hore shall have hold possess and enjoy all and singular the premisses to him and his Heirs against the Kings Majestie his Heirs and Successors and against the said Sir George Lane and his Heirs and all claiming by from or under them or any of them by virtue of this or the said former Act with all the rights members and appurtenances Rents issues and profits and all other advantages whatsoever to them and every of them belonging and appertaining to the use of him the said Philip Hore his Heirs Executors and Administrators respectively for ever Subject unto such rents and services as the same are lyable unto by this Act This present Act or any other Act Law Statute Ordinance Order Grant Decree Outlawry Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other clause matter or thing to the contrary notwithstanding His Majestie having taken to his Princely consideration the many faithfull and acceptable services of Sir George Hamilton Knight performed aswell to his late Majestie of Glorious Memory as to himself in the Warrs of Ireland and that in severall qualities as Captain of Horse Colonel and Captain of Foot Governour of the Castle of Nenach and other capacities for which there were arrears to great value accrued to the said Sir George Hamilton before and after the fifth of June One thousand six hundred forty nine which though not stated are by agreement and consent between him and other the Commissioned Officers and Trustees serving in Ireland before that time reduced to five thousand pounds sterling Be it therefore Enacted by the Authority aforesaid That the said Sir George Hamilton shall in full satisfaction of all personal arrears due unto him for his service in Ireland in the several imployments he had there before and after the said fifth day of June One thousand six hundred forty nine be satisfied the summ of five thousand pounds sterling out of the security set a part and designed by this and the said former Act for satisfaction of the arrears of such Commissioned Officers as served His Majestie or his said Royal Father in the Warrs of Ireland at any time before or after the fifth of June One thousand six hundred forty nine in such manner as by the said agreement is directed this Act or any other Act or matter to the contrary notwithstanding Provided Alwayes and be it Enacted by the Authority aforesaid That where any lands Tenements or Hereditaments which were seized sequestred or set apart upon account of the late Rebellion or Warr have been given and granted by any particular clause or provision in the said former Act mentioned or by any Letters Patents under the Great Seal of England or under the Great Seal of Ireland to any person or persons whose estates therein were confirmed by the said former Act or are confirmed by this present Act and whereof a third part hath not been already evicted by some Decrees herein confirmed the lands granted to his Royal Highness James Duke of York George Duke of Albemarle Arthur Earl of Anglesey Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloony Charles late Earl of Falmouth Theobald Earl of Carlingford Henry Lord Arlington John Lord Kingston Chidley Coot and Thomas Coot Esquires the relict and Heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cook Sir William Pen Sir Theophilus Jones Sir George Ayscough the Orphans of Colonel Owen O Conell Sir George Rawdon Baronet Sir George Lane Edward Vernon Esq Erasmus Smith Esq and the lands conveyed or mentioned to be conveyed by John Parker to certain Trustees for pious uses which Trustees are hereby made responsible to the Lord Lieutenant or other Chief Governour and Governours and Council there for the time being touching the execution and performance of the said Charity and the lands granted to any person or persons in satisfaction of arrears due for service done in Ireland or in satisfaction of any debt owing to them for provisions for the Army or Navy in Ireland and the lands which by the said former Act are restored to former Proprietors onely excepted That there and in such cases the said Provisoes Clauses Grants and Letters Patents shall be understood and so are hereby declared to be good and valid for no more than two full third parts of the Lands Tenements and Hereditaments therein mentioned and thereby granted and as to one third part of the Lands Tenements and Hereditaments therein contained shall be and so are hereby declared to be null and void Any thing in the said Provisoes Clauses Letters Patents or in the said former Act or in this present Act contained to the contrary notwithstanding Nevertheless such Grantees and all those who claim under them shall have like liberty of Retrenchment and in like manner and form as Adventurers and Souldiers are to have by the rules of this Act and the third part so as aforesaid to be retrencht shall remain and be vested in His Majestie His Heirs and Successors to be disposed and applyed to such uses as other forfeited lands by this Act ought to be Any thing herein before contained to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That out of all the Lands which have been decreed to any Irish Papist Popish Recusant or Roman Catholick by virtue of any Decrees not grounded upon some particular Proviso in the said former Act and made by the Commissioners for execution of the said former Act after the second day of July in the year of our Lord One thousand six hundred sixty three and herein confirmed one years rent according to the values the same were let at in the year One thousand six hundred fifty nine over and above all other the rents and payments by this Act imposed or made levyable shall be raised and levyed and paid unto the Receivers herein after mentioned by two even and equal payments the first payment thereof to begin upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and seven and the second payment thereof to be upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and eight under the penalty following That is to say every person lyable to the payment of any part of the said years rent and making default and failing to pay the same by the space of twenty days next after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levyed by Process out of His Majesties Court of Exchequer in like manner as any other the rents herein before
AN ACT For the Explaining of some DOUBTS Arising upon AN ACT INTITULED 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 AND For making some alterations of and additions unto the said Act for the more speedy and effectual settlement of the said Kingdom C R HONI SOIT QVI MAL V â—â—NSE DIEV ET MON DROIT Dublin Printed by John Crook Printer to the Kings Most Excellent Majestie and are to be sold by Samuel Dancer Bookseller in Castlestreet 1665. An o Regni Caroli Secundi Regis Angliae Scotiae Franciae Hiberniae 17 o. At the Parliament begun at Dublin on the eighth day of May Anno Domini 1661. in the 13 th year of the Reign of our Most Gracious Sovereign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the faith c. And there continued by several Prorogations unto the 26 day of October Anno Domini 1665. and in the 17 year of His Majesties Reign WHereas in the carrying on of that service which was appointed by a former Act intituled 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 several doubts and difficulties have arisen partly from the uncertain and ambiguous penning of divers Clauses in the said Act and partly from other accidents which could not then be foreseen to the great obstruction and hinderance of the Publique ends and aims intended by that Act to be promoted and the very great disappointment of several persons interests which were thereby intended to be secured Insomuch that the first and final settlement of this Your Majesties Kingdom can hardly be attained by any further proceedings upon the said Act as is already manifest by the experience which hath been had in the execution thereof To the end therefore that Your Majesties most gracious and just intentions by that Act declared may still be pursued as far as remains possible the Revenues of the Church settled and increased Your Majesties dutiful and loyal Subjects quieted and secured in their just possessions and the minds of all men so composed that there may be a general and universal care and industry by building planting and all other ways of improvement to repair amend the ruines and desolations of this Your Majesties Kingdom May it please Your Most Excellent Majestie that it may be Enacted be it Enacted by Your Most Excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That all Honors Mannors Castles Houses Places Lands Tenements and Hereditaments Right Title Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage right of Redemption of any Mortgages Recognizances Iudgements Forfeitures Extent right of Action right of Entry Stature or any other Estate of what nature or kinde soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns within this Kingdom which at any time from and after the Three and twentieth day of October One thousand six hundred forty and one were seized or sequestred into the hands or to the use of His late Majestie King Charles the first or of Your Most Gracious Majestie that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the late horrid Rebellion or War which began or broke out in this Kingdom upon the three and twentieth of October One thousand six hundred forty one or which were allotted assigned given granted ordered distributed disposed demised set out or set apart to or for any person or persons use or uses for Adventures Arrears Reprizals or otherwise or whereof His late Majestie or Your Majestie that now is or any Adventurer Souldier Reprizable person or others respectively had and received the rents issues and profits by reason or upon account of the said Rebellion or War or whereof the Adventurers Officers or Souldiers now or formerly of the English Army in this Kingdom or transplanted or transplantable persons or any of them or their or any of their Heir Heirs or Assigns or any other person or persons whatsoever upon account of the said Rebellion or War in this Kingdom were in Seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May One thousand six hundred fifty and nine or which were assigned given granted laid out set apart or reserved for or towards the satisfaction of any the said Adventurers Souldiers or other persons for or in consideration of any money or provisions advanced lent or furnished or for arrears of pay or in compensation of any service or reputed services or other account whatsoever or reserved or mentioned to be reserved for or in order to a reprizal or reprizals for such Incumbrances as then were now are or shall be adjudged due to any person or persons out of the said Lands Tenements or Hereditaments or for any other use intent or purpose whatsoever or whereof any Custodiam Lease for year or years or other Disposition or Grant whatsoever hath been made or unto which Your Royal Father or Your Majestie are any ways intituled by reason of or upon account of the said Rebellion or War or which are wrongfully detained or concealed by any person or persons whatsoever As also all Chantries and all Mannors Lands Tenements Rents Tithes Pensions Portions and other Hereditaments or other things whatsoever belonging to any Ecclesiastical person or persons in his or their Politick capacity and that have formerly by them or any of them been let in Fee-farm the right whereof or title thereunto or interest therein was in any person or persons his or their Heirs or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging to them in their Politick capacity to any person or persons their Executors Admininistrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Impropriations or appropriate Tithes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent And also all and singular the Messuages Mannors Lands Tenements and Hereditaments whatsoever whereof John fitz Gerald alias fitz Gerard of Innishmoore commonly called the Knight of Kerry Captain John Magill of the County of Down Geoffry Fanning of Ballingary or any of them or any of their Ancestors whose Heirs they are or any other person or persons in trust for them
or any of them or to their or any of their uses were seized or possessed upon the Two and twentieth day of October One thousand six hundred forty one Notwithstanding that the same were not seized sequestred or set apart upon the account of the said late Rebellion or War are and shall be and are hereby declared deemed and adjudged as from the said Three and twentieth day of October One thousand six hundred forty one forfeited and to have been forfeited to Your Majesties Royal Father of ever blessed memory and Your Majestie Your Heirs and Successors and they are hereby from the said Three and twentieth day of October One thousand six hundred forty and one deemed declared and adjudged to have been and to be in the real and actual possession and Seizin of Your Majesties said Royal Father and Your Majestie Your Heirs and Successors without any Office or Inquisition thereof found or to be found freed and absolutely discharged of and from all Estates tail and of and from all Feoffments and other Conveyances made before the Three and twentieth day of October One thousand six hundred forty one by any person or persons being Tenants in tail where the intail was not legally docked or barred by Fine or Recovery before the Three and twentieth of October One thousand six hundred forty and one and of and from all Titles and Estates derived by from or under such Conveyances and also of and from all and singular Remainders Reversions Rights Titles Interests Services Chiefries Vses Trusts Conditions Fees Rent-charges and Chattels real Mortgages Rights of Redemption of Mortgages Recognizances Iudgements Extents Rights of Action Rights of Entry Statutes and all other Estates challenges and demands of what nature or kinde soever to the intent that the same may be settled confirmed and disposed of to and for such use and uses as in and by the said former Act were limited and declared and are not by this present Act changed or altered and to and for such other use and uses as in and by this present Act are declared or appointed and not otherwise Saving to Your Majestie Your Heirs and Successors all and singular such Estate Right Title and Interest of in and unto any Lands Tenements and Hereditaments within this Kingdom which Your Majestie hath or ought to have in right of Your Crown in Ireland other than by virtue of the aforesaid Act or this present Act and otherwise than by one or more Inquisition or Inquisitions of Lands in the Province of Connaught or Counties of Limerick and Clare and the County of Tipperary found and returned in the time of the Earl of Straffords Government in this Kingdom which said Inquisition and Inquisitions is and are hereby declared to have been from the time of the taking thereof absolutely null and void to all intents and purposes as if the same had never been had nor taken other than such Right and Title as in and by a certain Act of Parliament passed in England intituled An Act of free and general Pardon Indemnity and Oblivion are mentioned or intended to be barred or extinguished Any thing in this Act contained to the contrary notwithing Provided always That this Act or any thing therein contained shall not be deemed construed or taken to forfeit unto or vest in Your Majestie Your Heirs and Successors any Honors Mannors Castles Houses Places Lands Tenements Hereditaments or Chattel real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate walled Towns in this Kingdom on the Three and twentieth day of October One thousand six hundred forty one belonging in Possession Reversion or Remainder unto the Vniversity of Dublin or to any Archbishop Bishop Dean Prebend Dean and Chapter or other Ecclesiastical person or persons in his or in their Politick capacity or to any other Colledge Hospital Church Collegiate or Parochial or to the Church Wardens and Parishioners of any Parish Church for the use of the said Church or to any Guild Corporation or Fraternity Ecclesiastical or Lay or to any Parson Rector or Vicar of any Parish Church or to any other person or persons particularly named in the Proviso contained in the vesting Clause of the said former Act and whose Estate was thereby expresly saved and excepted from being vested in your Majestie Provided likewise that this Act or any thing therein contained shall not vest nor be understood or construed to vest in your Majestie your Heirs or Successors or otherwise be prejudicial unto or take away any Estate Right Title Interest Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever from any Protestant or Protestants their Protestant Heirs Executors Administrators or Assigns whereof upon the Two and twentieth day of October One thousand six hundred forty one they were respectively seized or possessed or otherwise interessed or intituled or wherein they had any other Estate Vse Possession Trust Reversion or Remainder other than such Estate and Interest whereof they or any of them stood seized or possessed for the use of or in trust for any Irish Papist or Roman Catholick who by the Qualifications in the said Act hath not been adjudged innocent or any other forfeiting person or persons nor to any Iudgement or Decree which hath been obtained by any Protestant or Protestants in the late Court or pretended Court for Adjudication of Claims or in the Court of Exchequer or any the four Courts sitting at Dublin before the Two and twentieth of August One thousand six hundred sixty three or for which any Iudgement or Decree hath been confirmed had or made by the Commissioners heretofore appointed by his Majestie for the execution of His late gracious Declaration and Instructions or the aforesaid Act Nor to the vesting any the Lands Tenements Hereditaments or Chattels real Right Title Service Chiefry Vse Trust Condition Fee Rent Charge Chattel real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever of any Papist who by the Commissioners appointed for the execution of the aforesaid Act hath been adjudged innocent or the Heirs Executors Administrators or Assigns of any such Papist who hath been so adjudged innocent And it is hereby declared That no person or persons who by the Qualifications in the said former Act hath not been adjudged innocent shall at any time hereafter be reputed innocent so as to claim any Lands or Tenements hereby vested or be admitted to have any benefit or allowance of any future Adjudications of innocence or any benefit of Articles whatsoever but that they and every of them and all and every person and persons claiming by from or under them or any of them shall be and are hereby barred and excluded of and from
first of September One thousand six hundred sixty and three his or their Heirs Executors Assignee or Assignes who are not by the rules of this Act to be removed have been already removed or kept out from the possession of what they held or ought to have held on the Seventh of May One thousand six hundred fifty and nine yet neither by virtue of any Decrees made by the Commissioners for execution of the said former Act nor by virtue of any Proviso or Clause in the said Act contained or any other legal proceedings in which words Legal Proceedings Custodiams or any other Grant or Patent not confirmed or otherwise provided for by this Act and the proceedings thereupon are not intended to be comprehended that then it shall and may be lawful to and for the Commissioners for execution of this Act to order and decree all and every such person and persons so removed or kept out as aforesaid to be again restored and put into their possessions pro tempore until the last and final Decree touching the settlement of such person and persons shall be made and the respective Sheriffs and all other Officers and Ministers of Iustice whom it may concern and to whom any Precept or other Warrant in that behalf shall be directed are hereby required and enjoyned to see the some executed accordingly to the end that all and every person and persons so as aforesaid removed or kept out may by such temporary restitution be enabled to retain so much of the Land whereof they shall be so possessed together with their improvements as their two full third parts according to the aforesaid rules shall or may amount unto And be it further Enacted by the Authority aforesaid That all and every the Adventurer and Adventurers who adventured their money upon certain Ordinances or pretended Ordinances of Parliament made in the years One thousand six hundred forty three and One thousand six hundred forty seven commonly called the Doubling Ordinances shall be esteemed and are hereby declared Adventurers for no more than the principal money bonâ fide paid amounts to and that they their Heirs Executors Assignee or Assignes shall receive satisfaction for the moneys really and bonâ fide paid in and advanced upon the said Ordinances or pretended Ordinances in like proportion and manner as other Adventurers are to have by this Act and no otherwise that is to say by an allotment of so much land as may be sufficient to satisfie full two third parts of the principal money so paid in and advanced as aforesaid and no more to the intent that he and they may be equally gainers or loosers with other Adventurers and in the setting out of this proportionable satisfaction no regard is to be had of the quantity of Land whereof the Adventures upon the doubling Ordinances their Heirs Executors Assignee or Assignes were possessed the seventh of May One thousand six hundred fifty nine but onely of the original money truly paid in as aforesaid in the satisfaction whereof one third part is likewise to be retrenched and onely two full third parts to be satisfied as aforesaid Nevertheless it shall and may be lawful for him or them to continue the possession of so much as the Commissioners shall adjudge to amount unto his or their full two third parts in like manner as other Adventurers by this Act are enabled to do in case so much shall be left in his or their possession not decreed away by the Commissioners for execution of the said former Act. And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall cause one or more books to be made wherein the portion allotted to each Adventurer or Souldier or the Heir Executor Assignee or Assignes of such Adventurer or Souldier for and towards his and their two full third parts and the several Augmentations of any Archbishoprick or Bishoprick the allotment of Glebes and the provisions made for the Colledge of Dublin the maintenance of the Fort at Duncannon and the Corporation of Bandonbridge shall be particularly and fairly set down and entred and shall cause a Duplicate thereof to be made and returned into the Exchequer there to remain of Record and that upon a Certificate under the hands and seals of the Commissioners or the major part of them containing the lands allotted to any the persons or purposes aforesaid or to any Adventurer or Souldier or to the Heir Executor Assignee or Assignes of any Adventurer or Souldier for his or their two third parts and expressing the name or names of such persons with convenient descriptions and denominations thereof as to the number of Acres the Barony County and Province wherein the same do lie and the rents reservable as also the Tenure and Services and presented unto the Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being he the said Lord Lieutenant and other chief Governor or Governors of this Kingdom for the time being shall be and are hereby authorized and required upon request of the person or persons so producing and presenting the Certificate aforesaid to cause effectual Letters Patents under the Great Seal of Ireland to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons concerned by advice of His Majesties learned Council in the Law or some of them as the case shall require without expecting any further Letters or Warrants from His Majestie And for so doing this present Act shall be to them and every of them their sufficient discharge And be it further Enacted by the Authority aforesaid That all Letters Patents granted by virtue of this Act shall be and are hereby confirmed unto the several persons therein named according to the several and respective estates therein granted against the Kings Majestie his Heirs and Successors and all other persons claiming by from or under him or them and shall stand and be discharged of and from all forfeitures or pretended forfeitures for non-payment of rent or any sum of money now due or not putting in of Claims or not bringing in Field-books or Surveys and of and from all further inquiries into false admeasurements holding of lands profitable for unprofitable or any other Qualifications whatsoeuer and of and from all Measn profits arrearages and incumbrances not herein after excepted and shall stand and be good against all persons Bodies Politick and Corporate and discharged of all Estates tail and all other Estates of Freehold or Inheritance and all Reversions Remainders Titles and Interests whatsoever not Decreed by the Commissioners for execution of the said former Act or in the said former Act already allowed whereby the Patentees can or may be incumbred and discharged of all demands other than what are intended to be preserved by this Act and shall be reserved in the same Letters Patents Nevertheless it is hereby declared to be excepted and is further Enacted That no Letters Patents
hereafter to be granted shall any way extend to discharge or acquit any arrearages of Quit-Rents reserved by the said former Act and still behind and unpaid nor to acquit that part and proportion of the Three hundred thousand pounds herein hereafter mentioned and intended to be raised and which by the rules of this Act will be payable by such Patentee and leviable upon the Lands in the said Letters Patents contained nor any Measn profits which have been received of lands set out for English arrears or in satisfaction of any adventures upon the doubling Ordinances above what the original money did deserve or in satisfaction of any other Titles or Interests not satisfiable by this or the said former Act nor to discharge any sum or sums of money which persons transplanted into Conaught received upon sale of their estates in Conaught and yet have since been restored to their former estates or some part thereof by virtue of some Clause in the said former Act contained or some Decree or other Proceedings had upon the said Act or shall be so restored by virtue of any Clause contained in these Presents all which arrearages of Quit-Rents Measn profits or other sums of money as aforesaid shall be and are hereby made due and payable unto His Majestie his Heirs and Successors and shall be leviable and recoverable against every person and persons who shall be liable thereunto his and their Heirs Executors and Administrators and all and every their Lands Tenements Goods and Chattels whatsoever Any Grant Patent Settlement or other Disposition made in pursuance of this Act to the contrary notwithstanding And for the prevention of all unnecessary delays and unjust charges which can or may happen to the Subjects of this Realm before their full and final settlement Be it further Enacted by the Authority aforesaid That where the Commissioners for execution of this Act or the major part of them shall give any Certificate under his and their hands and seals to any person or persons Bodies Politick or Corporate in order to the passing of any Letters Patents according to this Act and shall likewise return a Duplicate of such Certificate into His Majesties Court of Exchequer at Dublin to be there inrolled and the person or persons Body Politick or Corporate to whom such Certificate shall be given shall immediatly upon the obtaining of such Certificate and from time to time during the space of six moneths next ensuing the date thereof diligently and without intermission pursue and prosecute the having and obtaining of Letters Patents accordingly and in order thereunto shall pay or tender to such person or persons to whom they shall apply themselves for their assistance towards the passing of such Letters Patents their several and respective fees to them due and payable and shall not obtain such expedition and dispatch that their several and respective Letters Patents may be full perfected and passed under the Great Seal of Ireland within the space of six moneths next after the date of such Certificate but shall be thereof delayed or hindered by the neglect of any Officers or Ministers as aforesaid that there and in such case the several and respective persons Bodies Politick and Corporate to whom or in whose behalf such Certificate shall be given or granted shall hold and enjoy the several Messuages Mannors Lands Tenements and Hereditaments in the several and respective Certificates mentioned and allotted according to such estate and under such rents as are therein mentioned as fully and amply to all intents and purposes as if Letters Patents thereof had been granted and perfected according to the directions of this Act Any thing in this or the said former Act and any other Law Statute or Vsage to the contrary notwithstanding Provided always and be it Enacted That where any Souldier or Souldiers Adventurer or Adventurers his or their Heirs Executors Assignee or Assignes have had any Lands Tenements or Hereditaments formerly set out to him or them as well in satisfaction of arrears due for service done in England as of arrears due for service done in Ireland or in satisfaction of Adventures upon the doubling Ordinances or in satisfaction of any other titles and interests not provided for by this Act together with other Adventures and such setting forth of lands hath been promiscuously and indefinitely as in the gross without any particular application or distinction of the lands shewing which part of the said lands was intended as a satisfaction of the English Arrears and which part as a satisfaction of the Irish Arrears or which part was set out in satisfaction of Adventures upon the doubling Ordinances or of other titles or interests not provided for by this Act and which part for other Adventures and the whole or part of the said lands so promiscuously set out as aforesaid hath been Evicted or Decreed away by virtue of some proceedings of the Commissioners appointed for execution of the said former Act that then and in such case the land so evicted or decreed as aforesaid shall be accounted in Law to be such lands onely as were intended for the satisfaction of English Arrears or Adventures upon the doubling Ordinances or of other titles and interests not provided for by this Act so far as the same will extend and all accompts and payments of the Measn profits of the Lands so evicted are to cease for so much from the time of such Eviction or Decree as aforesaid Nevertheless it is declared That nothing herein contained shall exclude such person or persons from having their full two third parts which are satisfiable by the rules of this Act and from retaining so much whereof they remain possessed for and towards such satisfaction And to the end the Subjects of this Kingdom may be in some measure eased of those charges which are usual and ordinary in passing of Letters Patents Be it further Enacted by the Authority aforesaid that it shall and may be lawful to and for so many of His Majesties Subjects as shall desire the same to be joyned in one and the same Letters Patents the due cautions before mentioned being therein observed so as the Lands thereby granted in case of such being joyned exceed not the quantity of fifteen thousand acres English measure in one Patent Nevertheless it shall and may be lawful to and for the Lord Lieutenant or other chief Governor or Governors of Ireland and Council there for the time being in these and all other cases touching Patents to be granted by virtue of this Act to regulate and moderate the fees of Officers as they shall think fit according to circumstances And be it further Enacted by the Authority aforesaid That where any Lands shall be allotted unto or detained by any Adventurer or Souldier or the Heir Executor Assignee or Assignes of any Adventurer or Souldier for and towards his and their full two third parts or for any part thereof which lands so allotted or detained as aforesaid shall be
the new Survey if the same exceed not one tenth part of what is due to the Defendant or Defendants no Retrenchment shall be made Seventhly If the overplus exceed a tenth it shall be lawful to and for such Defendant or Defendants possessed of the overplus to retrench the same where they think fit so as such Retrenchments be contiguous and of unprofitable land together with the profitable but is hereby discharged of all accompts for the Measn profits of the landes so retrenched Eighthly If the information of false admeasurement be against a Souldier or his Heirs or Assigns there the lot of the whole Regiment Troop or Company shall be first surveyed and if the same exceed not one tenth part of what such Regiment Troop or Company ought to have then no survey shall be taken of any individual lot or proportion Ninthly Where the lot of the Regiment Troop or Company shall exceed one tenth part of what they ought to have there the individual parcel to be admeasured if there be cause of Retrenchment may retrench where he thinks fit so as such retrenchment be contiguous Tenthly Whereas some lots for satisfying the Army fall in a good and bad County or Barony such as Kerry and Limerick Dowhallow and Orrery whereas the Souldiers before they came to a particular Dividend of their general lot did mutually consent that when a lot should fall in a bad County or Barony the persons to whom it there fell should have more acres when it fell in a good County they should have less acres or that the acres in the bad County should have a less rate or value set on them And the acres in the good County a greater rate or value should be set on them It is therefore declared that no overplus of acres in the bad County shall be considered as such an overplus as is lyable to retrenchment but with a due respect to such mutual agreements as were made in the general lot of the Regiment Troop Company or Society before the persons concerned in it came to a subdivision Eleaventhly No defendant or defendants whose lotts are not to be found within the books of distribution books of debentures or books of Grocers-Hall shall be liable to any new survey or readmeasurent his evidences being lost Twelfthly and lastly All proceedings in order to a new Survey or readmeasurement which shall not be finished and perfected within nine monthes next after passing this Act shall cease and be void and the defendant to be discharged of all such inquiries for concealments upon such informations And for the further directions of the Commissioners for execution of this Act in their proceedings touching Incumbrances It is â—â—reby declared that where the estate in any messuages Laâ—ds Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is noe other nor greater than for the life of such Claimant onely there and in such case the Commissioners for Execution of this Act shall give the person or persons against whom such decree hath been made or those who claim under them his and their election whether they will accept the reversion in fee of the Lands so incumbred with an estate for life expectant upon the determination of the said estate in lieu of their two third parts for the same or will rather choose to have their full two third parts set out and allotted to them presently out of some other forfeited Lands And the Commissioners shall give them certificates in order to their passing of Letters Patents either of the reversion of the whole or of two third parts in possession according as such election shall be made And where the estate in any Messuages Lands Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is such an estate in remainder or reversion as will leave unto the person or persons against whom such decree hath been made an estate for the life of some other person onely The Commissioners for Execution of this Act shall likewise give the person or persons against whom such decree hath been made or those who claim under them his or their Election whether they will choose to continue the possession of the whole Land during the life of such person and accept the estate for life in the whole Land in satisfaction of one of the third parts which would otherwise be due by the rules of this Act and demand no further allotment of any other forfeited Land than what shall be equal in quantity of acres to one third part onely or whether they would rather desire to have their two full third parts to be set out and allotted presently out of some other forfeited Lands and to relinquish the possession of that estate which they hold for life And the Commissioners are to proceed to give certificates in order to Letters Patents according to the consequence and event of such election And be it further Enacted by the Authority aforesaid that the Commissioners for Execution of this Act do forthwith and with all convenient speed set out and allot or cause to be set out and allotted unto the Archbishops and Bishops in the said former Act in that behalfe named respectively and to their and every of their respective Successors for ever such augmentations and allowances and out of such Lands as were formerly held or reputed to be held in fee farm of any Archbishop Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their politick capacitie under the reservation of any cheifry rent or other duty or service and in such way and manner as by the said former Act is directed and appointed Provided alwayes and be it Enacted that where any Mannors Lands or Tenements not lying within the securitie set a part for the satisfaction of the Commissioned Officers who served in Ireland before the fifth of June One thousand six hundred forty nine nor by the said former Act or this present Act otherwise disposed to any particular person or persons have been given and granted to any such Archbishop or Bishop and his and their Successors by virtue of any Letters Patents under the Great Seal of Ireland bearing date since the passing of the said former Act for or towards his and their respective augmentations and allowances that then and in such cases the Commissioners for Execution of this Act shall cause the Lands so granted as aforesaid to be surveyed and valued and if upon the return of such survey it shall appear that the lands so granted as aforesaid do not exceed the value of such Augmentations and allowances as by the said former Act were intended to be settled upon the respective Archbishops and Bishops to whom such Letters Patents were granted then the lands so granted as aforesaid shall be held and enjoyed by the several and respective Archbishops Bishops and their Successors according to the tenor of their respective Letters Patents And that the
said Letters Patents shall be of like force and effect as any other Letters Patents granted to Adventurers or Souldiers by virtue of this Act are or ought to be but if the lands so granted as aforesaid shall exceed the value of such Augmentation as by the said former Act was intended to be settled on the Archbishop or Bishop to whom the said lands were granted then the Commissioners for execution of this Act shall cause such Retrenchment of the overplus to be made as may leave unto the respective Archbishops and Bishops his and their due Augmentations and Allowances with as much conveniency and contiguity as may be and the Lands and Tenements so left unto the said Archbishops and Bishops shall be held and enjoyed by them and their Successors respectively as fully and amply as the same might have been enjoyed in case the lands granted by the said Letters Patents had not exceeded the value intended by the said former Act and the said Letters Patents as to so much of the lands therein contained which shall be retrench'd by the Commissioners as aforesaid are hereby declared to be null and void and the lands so retrench'd shall remain and be vested in His Majestie to the uses of this present Act And if the lands so granted as aforesaid shall fall short of the value of such Augmentations as in and by the said former Act was intended to be settled the Commissioners for execution of this Act shall cause the same to be supplied and made up by a further allotment out of such lands and in such way and manner as by the said former Act was directed And it is further Enacted That in lieu of such provision for glebes as by the said former Act was intended the said Commissioners shall likewise set out so many Acres of Land more as may be sufficient to endow or supply all and every the Parochial Churches in this Kingdom with ten acres of Glebe at the least except such Parochial Churches as are endowed with the like or a greater quantity of Glebe already and that the same be so allotted as may be most contiguous and convenient to and for the several and respective Parish Churches hereby intended to be endowed in which provision Parishes united or to be united by virtue of an Act intituled An Act for real union and division of Parishes and concerning Free-Schools and Exchanges are to be understood but as one Parish and Parishes within great Cities and walled Towns are not at all intended to be comprehended and the like care both for contiguity and conveniency is to be had in the setting out of the Augmentations of the several Archbishopricks and Bishopricks not already provided for as aforesaid as far as may be without the too great prejudice of the present Possessor who is to be removed and after the lands set out for the several Augmentations and Glebes as aforesaid the Commissioners shall certifie their proceedings to the Lord Lieutenant or other chief Governour and Council for the time being And in case the proceedings of the Commissioners shall be there approved and allowed then the lands set out for Augmentations and Glebes as aforesaid shall be and are hereby vested and settled respectively in the several and respective Archbishops and Bishops and Incumbents of Parochial Churches and their Successors for ever and Letters Patents thereof are to be passed to them and their respective Successors in like manner as is directed in the cases of Adventurers and Souldiers and to be of like effect subject nevertheless to the Quit Rents hereafter mentioned and no other And to the end the Revenues of the Church may be more speedily settled Be it further Enacted by the Authority aforesaid That the Lands held or reputed to be held in Fee Farm of any Archbishop or Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their Politick capacity and by this Act vested in His Majestie and the several Impropriations forfeited to and by these Presents vested in His Majestie shall be permitted to remain and continue in the possession of the several Archbishops Bishops and other Incumbents until the several and respective Augmentations Endowments and Glebes set out and satisfied as aforesaid and from and after the Augmentations satisfied the residue of the lands held in Fee Farm as aforesaid shall remain subject to the uses of the former Act not changed by this Act and to such other uses as in this Act are limited and appointed And all and every the Impropriations or appropriate Tythes vested in His Majestie by these Presents or otherwise escheated to His Majestie in Right of His Crown and by the said former Act vested and settled in the present and future incumbents and their Successors shall likewise remain and be vested in the present and future Incumbents and their Successors Subject nevertheless to such reservations provisoes conditions exceptions and other limitations Authorities and dispositions as by the said former Act the same were made Subject unto so alwayes that all and every the matters and things which by the former Act were limited and appointed to be done within the space of two years from and after the passing of the said Act be likewise done within the space of two years from and after the passing of this present Act. And be it further enacted by the authority aforesaid that all guifts grants feoffments fines and other conveyances hereafter to be made by any Archbishop or Bishop of any Mannors Lands Tenements or Hereditaments which by virtue of or in pursuance of this or the said former Act intituled 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 have already been or hereafter shall be granted unto or settled upon any Archbishop or Bishop and his Successors as an augmentation of the revenue of such Archbishoprick or Bishoprick respectively other than for the term of one and twenty years or three lives from such time as any such lease grant or assurance shall begin And whereupon the full moyety of the yearly value and improved rent as the same are now worth to be let shall be reserved and payable during the said term of one and twenty years shall be utterly void and of none effect to all intents and purposes This Act or any other Act law custome or usage to the contrary notwithstanding And the Commissioners for Execution of this Act shall likewise set out or cause to be set out so many more acres of profitable Land as may be of the yearly value of three hundred pounds per ann or may be sufficient to answer and secure a yearly rent charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the support and maintenance of the Provost of Trinity Colledge neer Dublin and his Successors
be as against the said Duke or Dutchess their Heirs and Assignes utterly barred and extinguished Saving nevertheless to the said Duke and Dutchess their Heirs and Assigns and to such other person and persons as are concerned in the uses expressed in one Quadripartite Deed bearing date the twentieth day of December One thousand six hundred sixty one the full benefit and advantage of all such Tenures chief-rents and other services as the said forfeited and forfeitable Lands and Tenements were held by other than the benefits and advantages of Wardships and Tenures by Knights Service in as full and ample manner as the said Duke and Dutchess did hold or enjoy or might have held or enjoyed the same upon the Two and twentieth day of October One thousand six hundred forty one or at any time since Saving also to the said Duke and Dutchess of Ormond their Heirs and Assigns the benefit of all forfeited and forfeitable Estates vested in His Majestie and held of them or either of them as aforesaid their or either of their Ancestors and which were never allotted to any Adventurer or Souldier in which words it is hereby declared That the Estates allotted or set out to any Souldier for service in England or elsewhere other than in Ireland are not to be understood or comprehended nor the Estate of any Adventurer upon the doubling Ordinances for more than such Adventurer is to have by the rules of the said former Act for the sum by him disbursed as other Adventurers nor the estate of any Adventurer who claimeth for sea-service nor the estate allotted to any person whatsoever by the free gift of the late Vsurpers or of the then usurped Government but that all such estates shall be and remain unto the said Duke and Dutchess their Heirs and Assigns as they did or ought to have been at any time before the making of this Act And also saving unto the said Duke and Dutchess their Heirs and Assigns the full benefit and advantage of all other matters and clauses in the said Declaration former Act contained not herein hereby expresly changed and altered and by the said Duke Dutchess waved parted withall which are hereby declared to remain and be in full force as they were before the makng of this Act. And whereas the most part of the Houses and Lands in the City of Kilkenny and in the several Towns of Clonmel Carrick Callin and Inistioge Traly and Dingle and in the Suburbs and Liberties of the said City and Towns were held the Three and twentieth day of October One thousand six hundred forty and one of the said Duke of Ormond either in his own right or in right of the said Duke or Dutchess his wife by reason whereof the forfeited and forfeitable interest of any person or persons in the said houses and lands were not by the said Declaration and former Act to be settled in any Adventurers or Souldiers or any other person whatsoever other than the said James Duke of Ormond and his Heirs of which Concession if the said James Duke of Ormond did take the advantage and full benefit as he might the same would tend to a great diminution of the security designed for satisfaction of the Commissioned Officers serving in Ireland before the fifth day of June One thousand six hundred forty and nine And be the said James Duke of Ormond might likewise as a Commissioned Officer charge the remain of the said security with his arrears amounting to Threescore thousand pounds sterling accompting to the tenth of December One thousand six hundred and fifty yet is content to accept of the said Houses and Lands in full discharge of his said arrears Be it therefore Enacted by the Authority aforesaid That the said James Duke of Ormond shall have hold and enjoy to him and his Heirs in full satisfaction and discharge of the said arrears all and singular the forfeited and forfeitable Houses and Lands lying and being in the said City and in the said several Towns and in the Suburbs and Liberties thereof other than what hath been given out to Adventurers and Souldiers and by them their Heirs or Assigns were possessed upon the seventh day of May One thousand six hundred fifty and nine Any thing in this or the said former Act to the contrary notwithstanding He the said James Duke of Ormond and his Heirs paying and satisfying to His Majestie his Heirs and Successors yearly for ever out of the said Houses and Tenements in the said City and several Towns and in the Suburbs and liberties thereof one shilling six pence yearly out of every twenty shillings yearly rent which shall be had or answered out of the said Houses or Tenements And the said Vice-treasurer is hereby further required and enjoyned to issue out and pay the whole residue of the said three hundred thousand pounds unto such person and persons as his Majestie already hath or hereafter shall appoint as a Reward of their Eminent services and sufferings for His Majestie or His Royal Father And for preventing of all doubts which may arise in the issuing and payment thereof It is hereby declared that the same shall principally and in the first place be applyed to and for the payment and discharge of such summs of money as his Majestie did heretofore appoint to be payd out of the half years Rent payable by Adventurers and Souldiers by the said former Act That is to say to and for the payment and discharge of such summ or summs of money appointed by His Majestie to be payd to his Grace James Duke of Ormond or so much thereof as is in arrear and also for the payment and discharge of so much money as the half years Rent payable by Adventurers and Souldiers in the Counties of East and Westmeath Wexford and Kilkenny would have amounted to in case the same had not been discharged by this present Act which shall now be payd out of the residue of the said three hundred thousand pounds unto the Assignee of the half years Rents in the Counties aforesaid deducting only what hath been already received And be it further Enacted declared and explained by the Authority aforesaid That all the Honors Mannors Castles Messuages Lands Tenements and Hereditaments of the Regicides in the said former Act named and of all other seized or possessed in trust for them or any of them or claiming by from or under them or any of them which by the said former Act were or ought to be vested in His Royal Highness James Duke of York and Albany Earl of Ulster c. and his Heirs and of all other persons excepted in the Act passed in the Parliament of England intituled an Act of free and general pardon Indemnity and Oblivion or His Majesties late gracious Declaration and Instructions in the said former Act mentioned whose estates are not otherwise disposed other than the lands of such purchasors for valuable consideration from any of the said Regicides who have
and thereby are actually restored without any Previous reprizall and their and every of their Executors and Assignes shall stand and continue restored to and vested in such their estates thereby intended and shall have and enjoy the lands Tenements and Hereditaments and all other the benefits and advantages of the said former Act in such manner and form and for such estates and with such privileges immunities and discharges respectively as in and by the said former Act are mentioned and expressed Nevertheless it is hereby declared that this restitution and confirmation is not to extend to any lands Tenements or Hereditaments other than such as did truely and without fraud upon the two and twentieth of October One thousand six hundred forty and one belong to and were enjoyed by the said persons or some of them their or some of their Ancestors or Heirs or were in the possession and seizin of some others in trust for them or some of them or be particularly expressed in the several and respective clauses of the said former Act And to the end it may more cleerly appear how much land the persons aforesaid are truely intitled unto by virtue of this or the said former Act and how farr the persons who are or shall be dispossessed by them or any of them ought to be relieved by virtue of this Act It is further Enacted that all and every the persons aforesaid who claim any benefit by the clauses aforesaid shall make out such their title as to the several parcels of land which they demand before the Commissioners for Execution of this Act within such time as shall be limited by the Commissioners and take out their Decrees for so much as shall be allowed upon their Claims and in default thereof shall forfeit two years value of the lands in their or any of their possessions respectively or in the possession of their tenants or Trustees one Moyety to the Kings Majestie the other to the Informer to be recovered in like manner as other forfeitures are by this Act appointed to be recovered And it is further declared and Enacted That Thomas Pigott Esq and Matthew Lock Esq shall have and enjoy to them and their Heirs two full third parts of the lands in Westmeath settled on them by the said former Act with like libertie of Retrenchment retaining possession and of demanding and having Letters Patents as other Adventurers and Souldiers ought to have and as if the said lands in Westmeath had been in the possession of the said Thomas Pigott and Matthew Lock on the Seaventh of May One thousand six hundred fifty and nine and had been allotted to them as original Adventurers any thing herein before to the contrary notwithstanding And it is hereby declared and further Enacted That if any of the said persons herein before mentioned to be restored and appointed to take out Decrees as aforesaid or any others who by virtue of any Decrees heretofore made by the Commissioners for Execution of the said former Act have been restored shall at any time within two years next ensuing be found by colour of some clause in the said former Act or Decree as aforesaid to have entred upon and kept possession of more land than did rightfully belong unto them and was in their possession on the two and twentieth of October One thousand six hundred forty and one unles the same land were particularly expressed and given in some clause in the said former Act contained that then and in such case the person so offending shall forfeit double the value of the land so fraudulently possessed and detained unless the said offendor shall within three months next after the first sitting of the Commissioners for the Execution of this present Act discover and declare the same to the said Commissioners and openly relinquish and surrender the possession so unduely detained as aforesaid of which forfeiture one third part shall be to our Soveraign Lord the King and the other two thirds to him or them that will sue for the same to be recovered by action of Debt Bill Plaint or information in any of the four Courts of Record at Dublin wherein no essoyne Protection or wager of law shall be or any more than one imparlance And be it further Enacted by the Authority aforesaid That all and every the clauses in the said former Act contained and not herein altered explained or repealed and which will consist with the Execution of this Act shall be and so are hereby declared to remain and be of such like force and effect as the same were before the passing of this Act and that all other the clauses which will not consist with the effectual Execution of this Act shall be and are hereby repealed any thing herein before contained to the contrary notwithstanding And further that all and every the clauses in this or the said former Act contained so farr as the same remain in force shall be construed expounded and taken in all Courts and places whatsoever most liberally and beneficially for the protecting settling and establishing the persons estates and interests of Protestants who are principally intended by these presents to be settled and secured And be it further Enacted by the Authority aforesaid That all Decrees made by the Commissioners for Execution of the said former Act whereby any Protestant or Protestants have been declared innocent shall be and are hereby absolutely confirmed and also that all Decrees whereby any Papist or Papists have been declared innocent and which shall be taken out within three months after the first sitting of the Commissioners for Execution of this present Act shall be and are hereby absolutely confirmed according to the tenor purport and effect of the same any exception touching the time wherein the same Decrees were made and any irregularity or pretended irregularity in not pursuing the Declaration Instructions and the said former Act to the contrary notwithstanding such Decrees wherein any lands are comprehended or which any Protestant or Protestants was or were possessed before the two and twentieth of October One thousand six hundred forty one and which were never seized or sequestred or set apart upon the accompt of the late Rebellion or warr and such Decrees wherein more lands are Decreed to the Claimant than were claimed by him as to those lands so Decreed beyond the claim onely excepted which are hereby declared as for so much to be utterly void so as the same be discovered within six moneths next after the first sitting of the Commissioners subject nevertheless to such penalties as in this and the said former Act are contained touching false and fraudulent Claims so as the same be discovered within two years next ensuing the passing of this present Act. Provided always and be it Enacted That no person or persons who by the Commissioners for execution of the said former Act have been adjudged and declared innocent and to whom any Land Tenements or Hereditaments have been adjudged and restored
by the Decree of the said Commissioners nor any other person or persons claiming under such Decree shall be permitted to sue or prosecute the person or persons against whom such Decree was made his or their Executors or Administrators or any of their Tenants or Assigns touching or concerning any Measn profits of the Lands and Tenements so as aforesaid decreed but that all Suits Actions and Demands touching or concerning such Measn profits and all prosecutions therefore whether in law or equity shall be and are hereby barred and excluded and all and every person and persons liable to such actions molestations and prosecutions shall be thereof for ever acquitted and discharged Any thing in this or the said former Act contained to the contrary notwithstanding And because many persons did put in their claims before the Commissioners for execution of the said former Act as innocent persons thereby demanding some small parcel of land onely or deriving his or their title to some small part from some Irish Papist and thereupon no opposition being made the said Commissioners declared the said Claimant or the person under whom the Claimant derived to be innocent quo ad hoc since which time the said Claimants and the said persons under whom they derive alleaging themselves to be declared innocent enter upon great estates in several Counties as devested out of the Crown by such Iudgement of Innocence pretending the limitation of that Innocence by the words of the Decree quo ad hoc to be repugnant and impossible contrary to the intention and meaning of the said Commissioners by them publickly declared whereas if the whole estates to which the said persons now pretend had been then in question before the said Commissioners the several Adventurers and Souldiers therein concerned had been summoned to have taken notice thereof and might have made such opposition and produced such proof of their nocency as they thought fit Be it therefore Enacted That no Decree wherein any person or persons have been declared innocent quo ad hoc shall give such person or persons any title by virtue of any such Decree to enter upon or enjoy any more or other lands than what were particularly mentioned in such Decrees but that all other the lands of such person or persons declared innocent quo ad hoc which were sequestred upon the accompt of the late Rebellion or War shall remain and continue in His Majestie to the uses of this and the said former Act Any thing in either of the said Acts to the contrary notwithing Provided also and be it Enacted That nothing herein contained shall extend in any wise to ratifie or confirm the Decree made by the Commissioners for execution of the said former Act wherein and whereby Oliver Earl of Tyreconnel hath been declared to be nocent but that the said Decree and every part thereof shall be and so is hereby declared to be null and void as if the same had never been had or made and that the said Oliver Earl of Tyreconnel and all others who upon the Three and twentieth of October One thousand six hundred forty one or at any time since were or are seized to his use or in trust for him or in trust for Sir Thomas Fitz William late Vicecount Meryon Father to the said Earl or Christopher Fitz Williams Vncle to the said Earl or in trust for the Countess of Tyreconnel Wife of the said Earl of Tyreconnel for her separate maintenance or claiming by from or under him the said Earl of Tyreconnel shall be and continue in such like estate and condition and no other nor better than he or they ought to have been in case no such Decree had ever been made subject nevertheless to such Quit Rents as by this Act are imposed Any thing herein or in the said former Act contained to the contrary notwithstanding And be it further Enacted That the said Oliver Earl of Tyreconnel shall hold and enjoy to him and his heirs the lands in Cappock in the County of Dublin and Hanlaston and Athronan in the County of Meath mortgaged by the Lord Vicecount fitzs William his Father now forfeited to His Majestie and that His Majesties Letters Patents under the Great Seal of England bearing date the eight day of June in the sixteenth year of His Majesties Reign containing His Majesties gracious pardon to the said Earl of Tyreconnel and a clause of Restitution of all the lands and Tenements of the said Earl shall be and is hereby confirmed and shall be held and enjoyed accordingly subject to Quit Rents as aforesaid Provided always and it is hereby Enacted and Explained That no lands whereof the Provost Fellows and Scholars of the Colledge of the holy and undivided Trinity of Queen Elizabeth neer Dublin were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession nor any lands held by virtue of any Grant Lease or Fee Farm from the said Provost Fellows and Scholars and forfeited to His Majestie shall be disposed by virtue of this or the said former Act but that they and every of them remain and be in the said Provost fellowes and scholars and their Successors for ever Subject nevertheless to the payment of such Quit rents for the said forfeited lands as Adventurers or Souldiers by virtue of this or the former Act ought to pay any thing in this or the said former Act contained to the contrary notwithstanding And because several persons have been decreed innocent but nevertheless have not been restored to the lands which they claimed before the Commissioners for Execution of the said former Act but have been left to the course of law for the recovery of their possessions by trying their titles grounded upon the validity of those evidences by which they pretended to claim Be it therefore Enacted by the Authority aforesaid That all and every person persons who were defendant or defendants in the suit or claim upon which such decree was made as aforesaid and those claiming by from and under them shall within three months next after the sitting of the Commissioners for Execution of this Act declare and make his and their election by writing under his and their hands and Seals or under the hands and Seals of his and their Atturneys or Agents thereunto lawfully authorized whether they will immediately deliver up and relinquish the possession of the lands in controversy unto the Kings Majestie and resort to their proportionable satisfaction out of other forfeited lands which if they do elect they are to be admitted accordingly and shall be satisfied his and their full two third parts and so much more as may be Equivalent to his and their buildings and improvements and then shall part with the said lands or whether they will rather abide the tryal at law which if they do elect and the Irish claimant should fail to prosecute his title or a verdict or judgement shall be given against
first deducted And the said Lord Lieutenant or other chief Governour or Governours of Ireland are hereby required to cause all the moneyes so as aforesaid received to be issued out and paid from time to time to such person or persons as his Majestie already hath appointed or hereafter shall appoint And it is further declared That an acquittance or receipt signed with the sign manual of the said Lord Lieutenant or other chief Gouernour or Governours of Ireland shall be for so much as is therein contained a sufficient discharge unto the said Sir John Percival his heirs Executors and Administrators and every of them And for the more just regulation of proceedings in this Office the Commissioners for Execution of this Act are hereby impowered and required to Administer an Oath to the said Sir John Percival and all others who shall be imployed in any ministerial Office or imployment relating to the service of this Act in these words following You shall sweare that you shall well and truely execute the place of _____ according to the best of your skil and knowledge and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will so help you God And whereas there is one clause contained in the said former Act in these words following And for the better prevention of all future Rebellions and to the end our good Subjects of Ireland may be likewise secured against all Insurrections or attempts for the time to come and the said Kingdom be the better planted and improved Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other chief Governour or Governours and Council of Ireland for the time being from time to time and at all times hereafter during the space of seven years to be accompted from the first day of May One thousand six hundred sixty five to make and establish such rules orders and directions for the better planting with Protestants the Lands by this Act vested in His Majesty and not appointed to be restored to innocent persons And for the better regulation of Cities walled Towns and Corporations and the electing of Magistrates and Officers there and to inflict such penalties for the breach thereof as they in their wisdom shall think fit so as the penalties for breach of the rules of plantation do not extend further than to treble the Quit-rents due for the lands which shall be planted otherwise than those rules shall direct the said penalties to continue and be yearly paid to the King His Heirs and Successors till the said Rules of plantation be performed and thenceforth the rent by this Act reserved to be onely payable and so as the penalty for breach of the rules to be made touching Corporations do not extend further than to the removeall or disfranchisement of such persons as shall be found guilty of the breach thereof which Rules Orders and directions so as aforesaid to be made shall be as good and effectuall in Law to all intents and purposes as if the same had been established by authority of this present Parliament and shall remain continue and abide in force for such and so long time as in and by the said Rules Orders and directions shall be limited and appointed And whereas some doubt doth arise whether the Lord Lieutenant Chief Governour or Governours and Council of Ireland for the time being may make and establish Rules Orders and directions for the better regulating of such Cities walled Towns and Corporations as have been anciently incorporated or onely for the better regulating such corporations as shal or may hereafter be created according to the Tenor purport of His Majesties Gracious Declaration for the Settlement of His Kingdom of Ireland and satisfaction of the severall interests of Adventurers Souldiers and other his Majesties Subjects there for the cleering whereof Be it further Enacted and it is hereby declared and Enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same that it shall and may be lawfull to and for the Lord Lieutenant or other chief Governour Governours and Council of Ireland for the time being from time to time and at all times to come during the space of seven years to be accompted from the nine and twentieth day of September One thousand six hundred sixty five to make and establish such Rules Orders and Directions for the better regulating of all Cities Walled Towns and Corporations both new and old and such as shall be created within this Kingdom and the electing of Magistrates and Officers there and to inflict such penalties for the breach thereof as they in their wisdom shall think fit so as the penalties for breach of the Rules Orders and Directions to be made touching such Corporations do not extend further than to the removeall and disfranchisement of such persons as shall be found guilty of the breach thereof and such Rules Orders and directions so to be made as aforesaid shall be as good and effectual in law to all intents and purposes as if the same had been specially and particularly established by Authority of this present Parliament and shall remain continue and abide in force for such and so long time as in the said Rules Orders and Directions shall be limited and appointed any thing in the said Act or otherwise to the contrary thereof in any wise notwithstanding And whereas the Officers and Souldiers who served in Ireland since the fifth of June One thousand six hundred forty nine and the Connaght purchasors for the better furtherance and management of their common interest have by their humble address represented the necessity of raising of monies and supplicated leave for so doing as was formerly granted to the Adventurers and their Assigns in the like case and least some of the said Officers and Souldiers or some of their respective Assigns may prove to be refractory in paying and allowing their just proportions of money for the said ends and for defraying of the publique charge there about it being nevertheless very expedient that a service of such a publique and common advantage should be equally born by all persons concerned therein Be it therefore Enacted by the Authority aforesaid that the said Officers and Souldiers and Connaght purchasors their Heirs and Assigns shall allow satisfie and pay such sum and sums of money as Arthur Earl of Anglesey Roger Earl of Orrery the Lord Vice Count Conway Lord Kingston Sir John Skeffington Baronet Sir Thomas Clarges Knight Sir Thomas Stanley Knight Sir Richard Kerle Sir William Petty Doctor Robert Gorges Henry Nicoll John Brett and Miles Cooke Esq or any three or more of them meeting at Dublin the first Thursday in Hillary Term One thousand six hundred fifty and five or any other Term after at the
Act Colonel John Fitz Patrick of Castle-Town in the Queens County is restored in blood and also restored unto and vested in the real and actual possession and seizin to him and his Heirs of all and every the Castles Mannors Lands Tenements and Hereditaments reversions remainders and Leases whereof the said Colonel John Fitz Patrick or his Father or any other in trust for them or either of them or to their use were at any time before the two and twentieth of October One thousand six hundred forty one Lawfully seized or possessed upon which words Seized or possessed some doubt or question in law may arise how far the said clause may avail the said Colonel Fitz Patrick by reason that a certain Office or Inquisition was found in the nineteenth year of King James by which His Majestie is or may be intiled or presented to be intitled to the whole Territory of Upper Ossery within which place the Lands intended to be restored to the said Colonel John Fitz Patrick do lye and so by consequence the seizin and possession thereof which was in the said Colonel John Fitz Patricks Grandfather at the time of the said Office or Inquisition found may be from the said nineteenth year of King James conceived to have been in the Kings Majestie and not not in the said Colonel Fitz Patricks Grandfather or any other in trust for him although he or some of them were then in the Actual possession and occupation thereof and received the profits Be it therefore Enacted and explained by the Authority aforesaid that the said Colonel John Fitz Patrick shall hold and enjoy to him and his Heirs the full benefit of the clause and provisoe in the said former Act contained the said Office of Inquisition or any other matter or thing in the said former Act or this present Act to the contrary notwithstanding And it is hereby declared and Enacted that all and every the Adventurers and Souldiers their Heirs and Assigns to whom any Lands or Tenements in the Queens County were set out and allotted and whereof they were possest the seventh of May One thousand six hundred fifty and nine the Lands of the said John Fitz Patrick excepted shall hold and enjoy such part of the said Lands and Tenements as will be due to them by the Rules of this Act the said Office or Inquisition in the nineteenth year of King James to the contrary notwithstanding Provided alwaies that all and singular the Clauses in the said former Act contained wherein or whereby any Mannors Lands Tenements or Hereditaments are granted to or vested in Theobald Earl of Carlingford or whereby any other benefit or advantage can or may accrue unto the said Earl of Carlingford shall be and are hereby again confirmed and shall be enioyed by the said Earl of Carlingford in as full and ample manner as in the said Act is contained any retrenchment change or other alteration thereof made by the Lord Lieutenant and Council of Ireland and any other clause matter or thing in the said former Act or this present Act contained to the contrary thereof in any wise notwithstanding Provided alwaies and it is hereby declared and Enacted That Sir Richard Ingoldsby Knight of the Bath and Sir Henry Ingoldsby Baronet shall hold enjoy to them and their Heirs all and singular the Lands within and contiguous to the Mileline in the County of Clare which were set out to them or either of them in satisfaction of fifteen hundred and fifteen pounds eleaven shillings two pence with their Houses and Gardens in Limerick and also all and every their Lands of which they or either of them were possessed by themselves or their Tenants the seventh of May One thousand six hundred fifty and nine such part of the Premisses onely excepted as have been Decreed away by the Commissioners for Execution of the said former Act any thing in this or the said former Act contained to the contrary notwithstanding And Whereas Captain Henry Finch late of Londonderry Deceased in pursuance of a Commission from Sir William Parsons and Sir John Birlacy sometimes Lords Iustices of Ireland did in the moneth of November One thousand six hundred forty one levy and Arm a Company of Foot consisting of One hundred Men besides Officers in the County of the City of Londonderry and maintained the said Company for three years at his own charges and continued in the command of the said Company against the Rebels from the moneth of November One thousand six hundred forty one until the moneth of October One thousand six hundred forty and eight and was then disbanded without receiving any the least satisfaction and yet nevertheless the arrears due to the said Henry Finch for his service before the fifth of June One thousand six hundred forty nine have not been cast up nor stated by the Commissioners for Execution of the said former Act partly by reason of some doubt conceived that the said Company was not upon the establishment of the Ulster Army Whereas in truth the said Company was received into the said establishment though the Order whereby the same should be made appear could not then be produced and partly by reason of other accidents Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and before any distribution made of the Houses lands Tenements Hereditaments or summs of money herein before appointed for the security and satisfaction of such Commissioned Officers as served before the fifth of June One thousand six hundred forty nine cast up and state the arrears which were due to the said Henry Finch Deceased for the service aforesaid and that after the arrears so stated William Finch and Henry Finch Sonns and Administrators of the said Henry Finch Deceased shall be satisfied and paid and are hereby Enabled to demand and receive satisfaction equally and proportionably having respect to the arrears stated and in like manner as any other Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine and whose arrears are stated and allowed by the Commissioners for Execution of the said former Act may or ought to be satisfied and as fully and amply as if the arrears which were due to the said Henry Finch Deceased had been stated and allowed within the time limited by the said former Act any thing in the said former Act or this present Act contained to the contrary notwithstanding And whereas Alice Countess Dowager of Barrimore would have been lawfully intitled unto the payment of and satisfaction for the several respective arrears which were due unto David late Earl of Barrimore ber Husband and to James Barry her son deceased as Commissioned Officers for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Dennis Muschampe Esq would
Sir Courtney Pool Baronet and other the persons intitled to the said estate so long as the said Lord Vice-count shall have issue male of his body were still to continue their possession Nevertheless His Majestie being desirous that all just interests should be provided for and being willing to extend his mercy unto the said Nicholas Lord Vice-count Nettervill as far as may stand with His Iustice is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act doe forthwith set out unto the said Edward Smith Esq Sir Courtney Pool Baronet and other the persons intitled to the lands of the said Lord Vice-count their Heirs and Assigns their several and respective two third parts which by the rules of this Act they ought to have and after such two third parts set out shall restore the said Lord Vice-count Nettervill unto the possession of all and singular the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdom of Ireland with his deceased Father and Grandfather or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses or any other or others to whom he may or can derive as heir or otherwise had held or enjoyed or of right ought to have held or enjoyed on the Two and twentieth of October One thousand six hundred forty one Rectories and Parsonages Impropriated and Appropriate Tythes excepted and that the said Lord Vice-count shall hold and enjoy all and singular the Lands Tenements and Hereditaments so restored according to such Estate Right and Title as he ought to have had in the same in case he had been adjudged innocent and no other and also shall be and is hereby restored in blood to all intents and purposes Any thing in this present Act or the said former Act or any other Act Law Statute Ordinance Order Outlary Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or Decree or any other matter clause or thing to the contrary notwithstanding And because the Estate Right and Inheritance of in and unto several Lands Tenements and Hereditaments is by several clauses in this Act vested and settled in or otherwise disposed of unto several persons in the said several and respective clauses particularly named and mentioned whereby great prejudice may arise unto others whose right was not intended to be barred or extinguished if a timely remedye be not provided Be it therefore Enacted by the Authority aforesaid That in all and every such clauses it shall be understood and so is hereby Declared That all the right title and interest either in law or equity which any person or persons Body Politick or Corporate their Heirs Executors Successors or Assignes or any of them had on the Two and twentieth day of October One thousand six hundred forty one or at any time since other than His Majestie His Heirs and Successors and those who shall or may claim by from or under His Majestie His Heirs and Successors or any of them by virtue of this or the said former Act and other than such person or persons Bodies Politick or Corporate their Heirs Executors Successors and Assigns whose right is particularly mentioned to be barred and excluded shall be and is hereby preserved unto them their Heirs Executors Successors and Assignes respectively as fully and amply as if a particular saving of Rights had been annexed to and repeated in every such clause any thing in this Act contained to the contrary notwithstanding And whereas in and by the said former Act the fractions of od pounds shillings and pence were to be struck off and deducted out of all sums of money Debentures Certificates or Decrees for Arrears Adventures Publick Debts Reprizes or other allowed Interests which according to the said Act were to be ascertained stated or settled and the fractions of od acres roods and pearches were also to be deducted out of the respective proportions of lands which should be granted or settled in satisfaction of any of the aforesaid interests so as such deductions did not exceed the hundredth part of the money or lands out of which such Deductions were to be made which Deductions were appointed to be satisfied as intirely as might be in such convenient proportions and places as the Chief Governour or Governours of Ireland for the time being should appoint and reserved to be disposed to such uses as His Majestie His Heirs or Successors should appoint His Majestie is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That no fractions of od pounds shillings or pence or of od acres roods or pearches or any satisfaction for the same be at any time hereafter made or given unto His Majestie His Heirs or Successors or unto any other person or persons claiming the benefit thereof by virtue of any Patent Grant or other Assignment from His Majestie but that the same be for ever released and discharged and that all and every the clauses in the said former Act touching and concerning the giving or reserving such fractions and the satisfaction thereof unto His Majestie His Heirs and Successors shall be and are hereby repealed and made void to all intents and purposes as if the same had never been had nor made Any thing in this or the said former Act to the contrary notwithstanding And whereas the survey admeasurement of certain lands in Ireland was heretofore undertaken and finished by Sir William Petty Knight upon an agreement made with the Souldiers to have for his pains one penny for every acre so surveyed and admeasured as aforesaid whereof part hath been already paid and some doth still remain in arrear to the end therefore that satisfaction be made to Sir William Petty for what remains unpaid by the Souldiers their Heirs or Assigns and for His better encouragement to finish the several Mapps and Descriptions of this Kingdom Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being with any six or more of His Majesties Privy Council shall have power to examine how much of the said penny the acre hath been already paid and for what lands and how much thereof remains behind and unpaid and to give Order or Orders Warrant or Warrants for the levying and receiving one penny per acre out of all the lands in the admeasurement whereof he was imployed that have been or shall be appointed to be set out for satisfaction of arrears out of which such acrige was agreed or ought in justice to be paid and hath not been already paid and to give such further encouragement to the said Sir William for the finishing of the said Mapps as they shall think fit And that it shall and may be lawful to and for Sir
William Petty his Executors Administrators or Assignes from time to time as often as any such Order or warrant shall be made to enter into all and every the lands in such Order or warrant mentioned and to levy the respective summs therein appointed to be paid not exceeding one penny the acre by distress and sale of such distress as shall there be found belonging to the occupiers of the said lands returning the overplus and whatsoever the Tenants or occupiers of the lands shall pay or shall otherwise be levied upon them as aforesaid not exceeding one penny the acre shall and may be deducted out of the rents by them respectively payable and for so much they and every of them shall be and are hereby discharged against their several and respective Landlords And because the Settlement now intended and endeavoured to be perfected would be very much obstructed if the Heirs or Assignes of Wentworth late Earl of Kildare should hold and enjoy the full benefit of a certain clause in the said former Act contained whereby the Preemption of all forfeited estates and interests held of or from Wentworth Earl of Kildare or George Earl of Kildare or either of them and of all other lands lying intermixt with the said Earl of Kildares estate is given to the said Wentworth late Earl of Kildare his Heirs and Assignes and further the arrears due to George Earl of Kildare for service before the fifth of June One thousand six hundred forty nine were appointed to be satisfied in the County of Kildare and else where lying most convenient to the said Earl of Kildares estate as the said Wentworth late Earl of Kildare should make choice of Be it therefore Enacted by the Authority aforesaid That so much of the said clause as concerns the preemption of forfeited estates and interests held of and intermixt with the Earl of Kildares grant as aforesaid or appoints the satisfaction of personal arrears for service to be within the County of Kildare or elsewhere at election as aforesaid shall be and is hereby repealed which arrears of the said George Earl of Kildare now belonging to Sir James Shaen Knight and Baronet Administrator of the said George Earl of Kildare are to be satisfied as in and by another clause herein after following and providing for the satisfaction of the interests of the said Sir James Shaen is declared and that in lieu and satisfaction of those privileges and advantages in and by the said clause given or intended to be given the Commissioners for execution of this Act shall forthwith set out or cause to be set out unto John now Earl of Kildare and his Heirs so much undisposed forfeited lands as shall be of the cleer yearly value of five hundred pounds per annum over and above all charges and reprizes therein shall take care that the same may be set out as neer unto the said Earls estate and as contiguous to the Lordship of Kilka in the County of Kildare as the same can conveniently be done and after such allotment and setting forth the same shall be granted by Letters Patents under the Great Seal of Ireland unto John Earl of Kildare and the Heirs Males of his body And for want of such issue to remain and be to Robert Fitz Gerald Esq uncle of the said John Earl of Kildare and the Heirs Males of his body and for default of such issue to the right Heirs of Wentworth late Earl of Kildare for ever subject nevertheless to the payment reimbursement and discharge in the first place of all such summ and summs of Money with interest for the same as upon any contract or bargain heretofore made by the said Wentworth late Earl of Kildare touching the benefit of the said former provisoe or touching the benefit of any part thereof have been paid unto the said late Earl or shall be paid hereafter to such Contractors during the minority of the the said John Earl of Kildare and lyable also to such other charges and payments as shall be necessarily made and disbursed in and for the settling and securing the premisses And that the Letters Patents so as aforesaid to be granted shall be of like force and effect as any other Letters Patents herein before appointed to be granted are or ought to be Provided alwayes and be it Enacted by the Authority aforesaid That out of the estates of John Fitz Gerald John Magill and Ieoffrey Faning before by this Act vested in His Majestie his Heirs and Successors It shall and may be lawful for the Lord Lieutenant or other Chief Governours of Ireland to restore unto and settle upon them and their Heirs respectively such part or parts of the said respective estates as they shall think fit Provided also and be it further Enacted by the Authority aforesaid That Sir John Stephens Knight Governour of His Majesties Castle of Dublin shall and may have hold and enjoy to him his Executors and Assignes all and every the lands Tenements and Hereditaments in the County of Cork which at any time were reputed to belong to Sir Brice Coghran by colour of any grant or guift of the late Vsurped powers and which are or have been possessed by the said Sir John Stephens by virtue of Letters Patents under the Great Seal or otherwise for and during such time and term of years and under such rents onely as in the said Letters Patents are expressed and no other so as he the said Sir John Stephens do place or cause to be placed upon so much of the premisses as shall be found to be within the securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine so much of the stated arrears due to such Officers which are satisfiable and for which no satisfaction hath yet been given as the value of the premisses may amount unto any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Moneyes which by virtue of this or the said former Act shall or may growe due unto His Majestie for or in respect of the measne profits of those lands which have been set out and received in satisfaction of any arrears for service done in England commonly called English arrears or for or in respect of the measne profits of those lands which have been set out to any person or persons in satisfaction of any Adventures upon the Ordinances commonly called the doubling Ordinances or for or in respect of any other measne profits which by this Act are made due and payable unto His Majestie as being received out of lands set out in satisfaction of interests not satisfiable by this or the said former Act and also all and every the summs of Money now due unto His Majestie which any person or persons transplanted into Connaght and since restored or hereafter to be restored to his former
said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith restore unto Patrick Archer Merchant all and singular the Lands Tenements and Hereditaments which he or any other person or persons in trust for him had held or enjoyed upon the Two and twentieth of October One thousand six hundred forty one the respective Adventurers or Souldiers their Heirs or Assigns now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid the said Patrick Archer shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so to be restored Any thing in this or the said former Act contained to the contrary notwithstanding And whereas upon the passing of certain Letters Patents under His Majesties Great Seal of England bearing date the eight day of April in the Fourteenth year of His Majesties Reign unto Richard Earl of Clanrickard and his Heirs an use was therein limited or some other provision thereby made for the better securing unto Charles late Lord Vice-count Muskry the sum of Ten thousand pounds by the yearly payment of Two thousand pounds sterling per annum for and during the term of five years next ensuing the date of the said Patent And forasmuch as it may so fall out by reason of sundry emergent occasions that the payments thereby secured may not be fully compleated within the said term of five years according to the true intent and meaning of the said Letters Patents Be it therefore Enacted by the Authority aforesaid That the term of five years in the said Letters Patents mentioned shall be and is hereby enlarged unto the term of three years more next after the said five years ended and determined and that if the several payments in and by the said Letters Patents intended to be secured shall be made and determined within the time hereby enlarged the same shall be as good and effectual in Law as if they had been made within the said five years and that in all other uses limitations matters and things the said Letters Patents and every Clause and Article therein shall be as good and effectual in Law and of like force and effect as the same were before the making of this Act Any thing in this or the said former Act contained to the contrary notwithstanding And to the end that no person or persons who is or shall be restored or intitled unto or confirmed in any Messuages Mannors Lands Tenements or other Hereditaments by virtue of any Clause in this Act contained or by virtue of any Letters Patents Grant Restitution or other Disposition or Allotment herein made or hereafter to be made in pursuance of this Act may by pretense of such new title avoid the payment of any just debts to which they or their respective Testators or Ancestors were or ought to have been lyable Be it therefore Explained and Enacted by the Authority aforesaid That all and every person and persons their Heirs and Assignes having and holding or claiming to have and to hold any messuages Mannors Lands Tenements and Hereditaments as aforesaid shall be and are hereby made Subject unto and charged with all and singular the Debts and summs of money now due and owing by them or any other person or persons whose Heirs Executors or Administrators they are and under whom they claim their several and respective allotments as Heir Executor or Administrator whether the same Debts be due and owing by virtue of any specialty or matter of Record and that all and every the messuages lands Tenements and Hereditaments so held and claimed as aforesaid shall be held and accompted as Assets in Law and are hereby declared to be Assets for and towards the satisfaction and payment of all such Debts to which the first takers thereof are in their own right or as Heirs Executors or Administrators of any other person or persons made lyable by this Act any thing in this or the said former Act or any other Law matter or thing to the contrary notwithstanding Provided alwayes and be it further Enacted That the Heirs or Assignes of Charles late Earl of Mountrath shall have hold and enjoy all such Lands Tenements and Hereditaments which were settled upon or granted unto the said late Earl by any Letters Patents of the late Vsurped Powers whereof he was in possession the seventh of May One thousand six hundred fifty and nine except such as have been decreed or shall be by this Act or restored unto the Irish Proprietor for which he or they shall forthwith have the like quantitie of profitable Acres set out unto him or them respectively and that all the Lands Tenements and Hereditaments and other the advantages by this or the said former Act intended to be given granted or confirmed unto the said late Earl of Mountrath his Heirs or Assignes shall stand and remain disposed and divided among and between the now Earl of Mountrath the relict and younger Children of the said late Earl subject and lyable unto such limitations uses debts portions and legacies as are expressed and contained in a decree made by the Lord Lieutenant and Council bearing date the _____ day of October One thousand six hundred sixty and three any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Audley Mervin Knight Speaker of the House of Commons Sir George Lane Kt. Clerke of the house of Lords Philip Ferneley Esq Clerke of the House of Commons and other the attendants on either of the said Houses do claime certain Fees to be due and payable to them for every Bill containing any grant or restitution of any forfeited Lands to any person or persons Bodies Politick or Corporate their heirs or successors touching the ascertaining whereof and giving due remedy for the recovering of the same some provision was made in and by a clause in the said former Act in which clause the Speaker of the House of Lords and the Clerke of the Council of Ireland are not mentioned Be it therefore explained and Enacted by the Authority aforesaid That the Speaker of the house of Lords and Clerke of the Council of Ireland shall be deemed and adjudged to be comprehended in the said clause and that the said Speaker and Clerke of the Council and Sir Audley Mervin Sir George Lane Philip Ferneley and others mentioned in the said clause contained in the said former Act be paid by such person and persons Bodies Politick and Corporate their Heirs and successors who receive any grant of or Settlement in any forfeited Lands Tenements or Hereditaments by virtue of or in pursuance of this Act or of the said former Act not set out to them in satisfaction
thereof granted to the said John Lord Vice-count Massareen his Heirs and Assignes as any other Adventurer or Souldier by the rules of this Act ought to have any thing in this or the said former Act contained to the contrary notwithstanding Provided also and be it further Enacted That the town and lands of Artain alias Tartain with the appurtenances in the County of Dublin containing by estimation two hundred twenty five acres be they more or less be granted ratified and confirmed unto Sir Nicholas Armourer Knight his Executors Administrators and Assignes according to the tenor and effect of your Majesties Letters Patents under the Great Seal of Ireland bearing date the nineteenth day of November in the fifteenth year of your Majesties Raign any thing in this the former or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Messuages Mannors Lands Tenements and Hereditaments whereof Sir John Fitz Gerald Knight dyed seized and whereof Sir Fitz Edmund Gerrarld Knight the Grandchild dyed seized or possessed in the year One thousand six hundred and forty and which were then belonging and of right appertaining to the Bishop of of Cloyne and his successors and were by the last Will and Testament of the said Sir John Fitz Edmund Gerrald and the Schedule and Codicil thereunto annexed dated the first of September One thousand six hundred and forty given and bequeathed or mentioned to be given and bequeathed to His late Majestie King Charles the first shall be and are hereby vested and settled in the now Bishop of Cloyne and His Successors for ever The severall rectories and impropriate tythes therein and thereby bequeathed unto His said late Majestie onely excepted which said rectories and impropriate tythes are hereby declared to be vested and settled in and upon such of the present and future incumbents and their successors who have or shall have actuall cure of Souls in those respective Parishes wherein such impropriations are and such impropriate tythes do arise and renew and in default of an actuall incumbent then in the respective persons now serving the cure and their successors who for that end shall be and are hereby made actual incumbents and capable to take to them and their successors and the presentation to the respective Churches so as aforesaid endowed shall be for ever and the patronage thereof in the Kings Majestie His Heirs and Successors and that all other the Lands Tenements and Hereditaments so given and bequeathed as aforesaid and not formerly belonging or appertaining to the Bishoprick or Sea of Cloyne shall be vested and settled in His Majestie his Heirs and Successors And whereas the right Reverend Father in God Edward Lord Bishop of Corke Cloyne and Rosse and Sir William Flower Knight have been at great pains and charges in discovering of his Majesties title to the premisses as well precedent to the forfeiture by the late Rebellion as by reason and upon the account of the said Rebellion Be it therefore Enacted that the Lord Lieutenant of Ireland or other Chief Governour there for the time being do cause a Lease of so much as is hereby settled in his Majestie to be passed under his Majesties Great Seal of Ireland unto the said Edward Bishop of Corke Cloyne and Rosse and Sir William Flower their Executors and Assigns for the term of one and thirty years rendring yearly unto his Maiestie his Heirs and Successors after the rate of treble such Quitrent as the Adventures and the Souldiers do pay for the like proportions within the said Province of Munster any thing in this or the said former Act contained to the contrary hereof in any wise notwithstanding Saving and reserving nevertheless to Edmund Fitz Gerald of Ballymalowe and his Heirs all such right and title which he the said Edmund Fitz Gerald had unto the premisses or any part thereof upon the two and twentieth of October One thousand six hundred forty one And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot unto the Provost Fellows and Schollars of the College of the holy and undivided Trinity near Dublin the six hundred sixty six Acres two Roods and twenty six Poles English measure in the County of Tipperary and Barony of Elioguarty heretofore allotted to William Sheeres for his Fathers Adventure of three hundred pounds which in pursuance of a Decree in the High-court of Chancery in England were since conveyed or mentioned to be conveyed to the said Provost Fellowes and Schollars of the College of the holy and undivided Trinity neer Dublin towards the satisfaction of a charitable bequest devised to them by Elias Traverse Doctor of Divinity Deceased And that like effectual Letters Patents shall be thereof granted unto the said Provost Fellowes and Schollars and their Successors for ever as any Adventurers or Souldiers by the rules of this Act ought to have to be held by them the said Provost Fellowes and Schollars and their Successors without any defalcation or Deduction whatsoever Subject nevertheless to the Quit-rents by this Act imposed any thing in this Act to the contrary in any wise notwithstanding Whereas Richard Earl of Arran hath purchased from Erasmus Smith Esq his interest which he had as an adventurer in the Isles of Arran commonly called or known by the names of the Great Island the small East Island and the Island of Inishmaine Be it therefore Enacted and provided by the Authority aforesaid That the said Isles of Arran commonly called by the several names aforesaid lying and being in the half Barony of Arran in the County of Gallway together with all the Royalties Mineralls Royall mines excepted Fishings Profits and appurtenances whatsoever thereunto belonging or therewith enjoyed by the former Proprietors thereof before the two and twentieth of October One thousand six hundred forty one be and are hereby vested in setled upon and confirmed unto the said Richard Earl of Arran his Heirs and Assignes for ever any thing in this Act or in the said former Act to the contrary notwithstanding Subject nevertheless to such Quit-rent payable to his Majestie his Heirs and Successors as other the lands lying and being in the province of Connaght allotted to Adventurers or Souldiers are lyable to And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without any previous reprizal restore unto Patrick Lord Baron of Dunsany and his Heirs the possession of the principal and capital messuage or seat and also one third part of all and singular the Castles lands Tenements and Hereditaments Rents Reversions Remainders Right title interest and estate whatsoever which he the said Patrick Lord Baron of Dunsany or any other person to his use or in trust for him were seized or possessed of upon the two and twentieth of October One thousand six hundred forty one except impropriations
assigned shall be and are hereby vested in his Majestie his Heirs and Successors and discharged of the uses or trusts in this or the said former Act expressed any thing in this or the said former Act or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the fifty four persons herein after named That is to say The Earl of Westmeath the Lord Vice-count Ikerryn The Lord Baron of Dunboyne The Lord Baron of Trymletstown The Lord Baron of Upper-Ossory The Lord Bermingham Baron of Athunry Colonel Richard Butler Sir Richard Barnwell Baronet Sir Redmund Everard Baronet Sir Dermott O Shagnussey Knight Master Edmund Fitz Gerald of Balymalo Master Thomas Butler of Killcomell Master _____ Macnemarra of Crevagh Master David Power of Kibolane Master Donnogh O Callaghan of Clonmeen Master Barnard Talbott of Rathdown Conly Geoghegan of Donore who were mentioned amongst the thirty eight persons in his Majesties late Gracious Declaration and were restored after reprizalls set out and for whom no provision hath yet been made and also the Heirs of Sir Lucas Dillon Knight the Heirs of Sir Valentine Blake Baronet Sir Robert Talbott Knight Sir Richard Blake Knight Doctor Gerrard Fennell Geoffry Browne John Browne of the Neale John walsh Thomas Terrill Edmund Dillon Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourke of Derry-Maclaghney Thomas Arthur Esq Doctor in Physick Gerald Fleming of Castle-Fleming and Bartholemew Stackpoole Esquires who were also mentioned in the said former Act to be restored to their former estates as aforesaid and for whom no provision hath yet been made And also the Lord Baron of Brittas Master Tute Sonn to Andrew Boy Tute of Cullanmore in the County of Westmeath Esq Master _____ Walsh Heir of David Walsh of Bally-Beaghan in the County of Tipperary Esq Sir Edmund Bourke Baronet Sonn to Sir Vlick Bourke of Giusk in the County of Roscomon Baronet Deceased Sir Thomas Esmond Baronet Sir Lucas Dowdall Knight Sonn of Lawrence Dowdall of Athlumney in the County of Meath Esq Master _____ Walsh Heir of Walter Walsh of Castle Hoyle in the County of Kilkenny Esq Edward Wall of Ballinikill in the County of Catherlagh Esq Master _____ Butler Sonn of Theobald Butler Sonn of James Butler of Derry-Luscan in the County of Tipperary Esq James Tobyn of Killaghee in the County of Tipperary Esq Richard Butler of Ballinikill in the County of Tipperary Esq Philip Purcell of Ballyfoyle in the County of Kilkenny Esq Sir Edmund Fitz Gerald of Clanlish in the County of Limerick Baronet Peirce Walsh of Abbey Owhney in the County of Limerick Esq John Power of Doneile in the County of Waterford Esq Peirce Power of Money Largy in the County of Waterford Esquire William Brabazon the Heir of Anthony Brabazon of Balinaslo in the County of Roscomon Esq Daniel O Brien of Dnogh in the County of Clare Esq Lord Vice-count Iveagh Sir Edward Fitz Harris of Clogh-Notefoy in the County of Limerick Baronet John Cantwell of Mokarky in the County of Tipperary Esq and their Heirs and Assignes shall by the Commissioners for Execution of this Act be restored unto their severall and respective principall Seats That is to say unto their severall and respective principal Messuages Houses or Castles Kilmedan and the lands thereunto belonging excepted or in case they have severall Messuages Houses or Castles to such of their severall messuages Houses or Castles Kilmedan and the land thereunto belonging excepted as they shall respectively choose within two months after the first sitting of the Commissioners for Execution of this Act and unto two thousand acres of land thereunto adjoyning if they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their or any of their use were seized or possessed of so much upon the two and twentieth of October One thousand six hundred forty one and were thereunto lawfully and rightfully intitled And in case they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their use were not seized or possessed upon the two and twentieth of October One thousand six hundred forty one of two thousand acres as aforesaid then unto so much thereof as they were seized or possessed of as aforesaid and which lyes contiguous to their respective principall Seats and if any of the four and fifty Persons herein before named shall be found to be in possession of any messuage and lands thereunto adjoyning which to them or any of them did rightfully belong upon the said two and twentieth day of October One thousand six hundred forty one and the lands so possessed shall be found to exceed the quantity of two thousand acres it shall and may be lawfull to and for the Lord Lieutenant or other Cheif Governour or Governours of Ireland and Councill there for the time being to cause so much thereof as shall exceed the quantity of two thousand acres to be retrenched and cut off in such way and manner as they shall think fit and the land so retrencht shall remain and be vested in His Majestie to the end that the same may be further disposed to the uses of this Act And for the better support of such of the four and fifty Persons herein before named who shall not have two thousand acres near adjoyning and lying contiguous unto his and their respective Seats to which they are to be restored or having two thousand acres shall not be thought to be thereby sufficiently provided for It is further declared and Enacted That it shall and may be lawfull to and for the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there for the time being upon due consideration had of the several and respective cases and merits of the persons aforesaid to direct and appoint the Commissioners for Execution of this Act to set out and allot or cause to be set out and allotted unto any of the persons aforesaid or their Heirs so much of the forfeited lands which shall remain undisposed after the several Protestant interests herein before provided for shall be satisfied as the said Lord Lieutenant or other Chief Governour or Governours Council shall think fit Provided alwayes That nothing herein contained shall extend to restore or intitle the said Sir Thomas Esmond Baronet to the possession of any Messuages Mannors lands Tenements or Hereditaments whereof George Duke of Albemarle is now in possession by himself or his under-tenants or any wayes intitled thereunto but that the same shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assignes any thing herein before contained to the contrary in any wise notwithstanding Provided also That if any person or persons shall within the space of six monthes next after the Royal assent to this Bill actually given alleage before the
Assignes in the distribution and setting forth of the securitie appointed for the satisfaction of the arrears of the Commissioned Officers who served your Majestie and your late Royal Father in Ireland before the fifth of June One thousand six hundred forty nine shall have the preference preemption of all the forfeited houses lands tenements and Hereditaments in the town of Youghill or the liberties thereof belonging unto and which are part of the said securities at the rate of Eight years purchase as they are or shall be found to be really and Bonâ Fide worth and that Arthur Earl of Anglesey Vice-treasurer of Ireland his heirs and Assignes shall have like preference and preemption of all the forfeited houses lands tenements and hereditaments in the town of Rosse in the County of Wexford or the liberties thereof belonging unto and which are part of the said securities at the rate of eight years purchase as they are or shall be found to be really and Bonâ Fide worth and if any doubt or difficulty shall arise concerning the value of the said houses or lands so as the Trustees for the said Officers shall not be satisfied with the return already made of the value of the same that in such case upon the desire and request of the said Trustees there shall be a new Survey and valuation of the said towns liberties thereof by such persons as shall be appointed by the Commissioners for the Execution of this Act by and with the consent of the said Trustees according to which return the said Houses Lands Tenements and Hereditaments are to be sold and not otherwise And in case the said Earls their Heirs and Assignes or any of them shall offer unto the said Commissioners for the execution of this Act any Debentures of Officers who served as aforesaid before the fifth of June One thousand six hundred forty nine for or in part of payment for all or so much of the said Houses and premisses in the said several towns as shall be by them respectively contracted and agreed for that the same shall be allowed and the said Commissioners are hereby authorized and required to accept and receive the same for all or in part of the purchase money so as the said Debentures are capable of prior satisfaction and there has been such Deductions and defalcations made as are directed by this Act and the said former Act and shall not be accepted to satisfie more in the pound than the whole security will hold out to satisfie the Debentures of the rest of the said Officers the said Commissioners are also required authorized to give such certificates as are necessary for the passing of Patents thereof according to the rules of this Act. And whereas there is a Lease granted of a House in Dublin called Corke house with the appurtenances unto the Right Honourable Richard Earl of Corke and Burlington by the name of Richard Earl of Corke Lord High-treasurer of Ireland from James Margetson Doctor of Divinity Treasurer of the Cathedral Church of St. Patricks Dublin by the approbation of the Archbishop of the same Diocess and in obedience to his Majesties Letters of Recommendation to that purpose dated the twentieth of July One thousand six hundred sixty and confirmed by the several Deans and Chapters both of the Holy Trinity Dublin and St. Patricks Dublin bearing date the three and twentieth of January One thousand six hundred sixty for the term of forty years from the Feast of the Nativity of our Blessed Saviour then last past which was made upon good and valueable considerations Be it therefore Enacted and it is hereby Enacted and ordained by the Authority aforesaid That the said Richard Earl of Cork and Burlington his Executors and Assigns shall and may have hold and enjoy the said house with the appurtenances mentioned in the said Lease for and during the years therein mentioned at the Reservations thereby reserved Any thing in this Act or any other former Act or Statute to the contrary notwithstanding Provided alwayes and be it Enacted That all and singular the Lands Tenements and Hereditaments which Arthur Lord Vice-Count of Valentia and Earl of Anglesey hath purchased from any person or persons in actual possession thereof by virtue of any Grant Order or Disposition of the late Vsurped Powers or any of them the Lands and Tenements Decreed away by the Commissioners for the execution of the said former Act onely excepted shall be settled and are hereby granted and confirmed unto him his Heirs and Assigns and he and they shall have hold and enjoy the same and that for such of the said estates or any part thereof as have or hath been Decreed away as aforesaid or shall be decreed away in pursuance of this Act by the Commissioners appointed or to be appointed for the execution thereof the said Earl His Heirs and Assigns shall forthwith be fully reprized for the same and without any Retrenchment by the said Commissioners by so much forfeited lands as may be sufficient to make up and supply unto the said Arthur Earl of Anglesey his Heirs and Assigns what was or is granted or intended to be granted by the said Act or by this Act And the said Earl his Heirs and Assigns shall have hold and enjoy all other the benefits and advantages in and by the said former Act given granted or provided or intended to be given granted or provided to or for the said Earl his Heirs or Assigns Any thing in the said former Act or in this present Act or otherwise to the contrary notwithstanding And be it further Explained Declared and Enacted by the Authority aforesaid That all and every payment and payments sum and sums of money which are and shall be made by any Adventurer Officer and Souldier Connaght-Purchasor Irish Papist Popish Recusant Roman Catholick or others out of or for any of the said forfeited vested or escheated Lands Tenements Hereditaments and Estates by virtue or in pursuance of His Majesties said Declaration Instructions the said former or this present Act or by all every or any of them to or for any use or uses intent end or purpose therein respectively mentioned expressed declared limited or appointed Excepting onely the Quit-Rents and other Chief-Rents reserved and payable unto His Majestie His Heirs and Successors and such other sums as are herein otherwise directed to be paid shall be paid for the said uses intents and purposes into the hands of John Bence and Alexander Bence Esquires or either of them who are hereby constituted and appointed joyntly and severally to collect and receive the same and to be Collectors and Receivers thereof by themselves or their Deputy or Deputies respectively whose Acquittance or Acquittances Receipt or Receipts for the said several and respective payments sum and sums of money being entred and signed as after is directed shall be firm valid effectual and sufficient discharges in Law for the same respectively And to the end our