subject to any Estate Remainder or other Incumbrance already decreed by the Commissioners for execution of the said former Act or allowed by the rules of the said former or this Act That then and in such case the Commissioners for execution of this present Act shall allot so much other forfeited land as may fully satisfie for such Incumbrance and cause the same to be entred in Books returned into the Exchequer To the end that upon Certificates made in manner aforesaid Letters Patents may be thereof granted and passed as aforesaid And therefore the Commissioners are with all speed to cast up the value of such Incumbrances as by reason of any former Decree shall charge any part of the said two third parts that so a recompence may be provided as aforesaid And in the estimate and valuation of such Incumbrances for which a recompence is to be provided the Commissioners are to proceed by such rules and measures as by the Instructions in the said former Act contained were given for the valuation and estimate of such Incumbrances on the Lands of Adventurers and Souldiers as were therein appointed to be satisfied out of the forfeited lands in the County of Kildare as neer as may be and as far as may stand with equity and justice And it is further Declared and Enacted That where any securities for money have been allowed by the Decrees of the Commissioners for execution of the said former Act wherewith any land set out and allotted or to be set out and allotted to any Adventurer or Souldier his or their Heirs or Assignes shall or may be incumbred that all interest thereupon due before the Nine and twentieth day of May One thousand six hundred and sixty shall be and is hereby discharged Nevertheless the interest already received shall not be repaid and from and after the Nine and twentieth day of May One thousand six hundred and sixty unto the times of the several and respective Decrees no further or greater interest shall be satisfied or paid for any the moneys due upon the said security than after the rate of Forty shillings per cent for one year And from and after the time of the respective Decrees full interest shall be satisfied and paid and further that lands shall be set out in full satisfaction of what shall remain due after such abatement made as aforesaid according to the rate of eight years purchase to such person or persons as shall be prejudiced by such Incumbrances by having his land liable thereunto or by his purchasing and buying in of the same and that no part of the land so allotted or detained as aforesaid may be subject to or charged with any other Incumbrance not Decreed by the Commissioners for execution of the said former Act or already allowed in the said former Act or this Act Be it Enacted That all every such Incumbrances as against the Adventurer or Souldier so setled as aforesaid other than such Incumbrances as are the proper act of the party so to be settled or those under whom he claims be utterly void of none effect And to the end that no person or persons who upon the seventh day of May one thousand six hundred fifty and nine was in possession of any lands Tenements or Hereditaments as an Adventurer or Souldier or as the Heir Executor or Assignee of such Adventurer or Souldier may hereafter be molested or impeached in the making out of his or their title in or to the lands so possessed or debarred of such satisfaction and other the benefits and advantages which by this Act is given to them who were so possessed as aforesaid for want of producing such Measn Conveyances or such legal and formal Assignments as in strictness of Law might otherwise be required Be it Enacted by the Authority aforesaid That where any person or persons or those under whom he or they claim were in possession of any Lands or Tenements upon the seventh day of May One thousand six hundred fifty and nine which were set out or reputed to be held and enjoyed for and towards the satisfaction of any Adventures or Arrears that there and in such cases no proof of the Measn Conveyances or other Assignments shall be required but the possession it self shall be and so is hereby declared a sufficient evidence of the Title unless the same Lands have been likewise claimed by some other Adventurer or Souldier his or their Heirs Executors Administrators or Assignes respectively In which case the Commissioners for execution of this Act shall upon such evidence as can be produced before them determine the Title And because there are several persons who pretend themselves able to discover much land which is detained and concealed by the Adventurers and Souldiers their Heirs or Assigns by false admeasurement although it be probable that after so long a tract of time such discoveries may not produce any great effect Nevertheless for the avoiding the scandal of such frauds and to give just satisfaction to all persons and interests who may pretend themselves to be prejudiced by such concealments Be it Enacted by the Authority aforesaid That the Lord Lieutenant or other chief Governor and Governors of Ireland and Council there for the time being shall have power upon information to them made of any such concealments by false admeasurement as aforesaid to cause a new survey to be made of the parcels and lots wherein such false admeasurement is pretended observing therein these rules and cautions following First That such information be given in within the space of three moneths next after the passing of this Act. Secondly That the Defendant or Defendants against whom such information is given be first heard before any new survey be ordered Thirdly That the Informer or Informers do first put in security by Recognizance acknowledged before the Lord Chief Iustice of the Common Pleas for the time being and with good and sufficient Sureties to be by him allowed to bear the whole charges of the new Survey and over and above to pay and satisfie unto the Defendant or Defendants his and their full Damages and Costs which they shall sustain by such prosecution and shall offer to make Oath of before the said Lord Chief Iustice in case that upon the return of such survey it shall not appear that the Defendant or Defendants against whom such new Survey is ordered were possest of more land by a full tenth part than he or they ought to have Fourthly Where any new Survey is ordered the same shall be taken by two Surveyors to be chosen for that purpose one by the Informer the other by the Defendants and both Surveyors shall be sworn Fifthly Where the Books of Distribution and the Down Survey agree in the satisfactions which have been allotted to any Regiments Troops Societies or persons or do not differ more than in one tenth there no resurvey shall be ordered notwithstanding such information Sixthly What overplus soever shall appear upon
Heirs and Successors to the uses herein before and after mentioned And where any of the lands so purchased have been evicted by any Decrees herein after confirmed or shall be given or restored to any person or persons by any special clause or provisoe herein contained The Commissioners for Execution of this Act shall set out and allot unto the person prejudiced by such Decree or clause so much other forfeited land as may be equal in quantity of acres to two third parts of the lands so evicted or restored as aforesaid And it is likewise further declared and Enacted That the persons to be settled in Connaght and Clare as aforesaid and from whom a third part is to be Retrencht and cut of as aforesaid shall be and are hereby discharged of and from the years rent reserved and payd by Charles Earl of Mountrath and others in a particular clause in the said former Act mentioned and of and from all the arrearages thereof And be it further Enacted by the authority aforesaid That neither Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine Protestant purchasor in Connaght and Clare transplanted person Nor the Heirs Executors Assignee or Assignes of them or any of them nor any other person or persons Body Politick or Corporate who by the said former Act of Settlement is or are any way intituled to reprizals for or in respect of some possession which they have quitted or of some Decrees which have been made against them or otherwise shall at any time hereafter be enabled to demand or have the same reprizals further than what will amount to his and their full two third parts as aforesaid but shall be thereof for ever barred and excluded any thing in the said former Act to the contrary notwithstanding His Royal Highness James Duke of York His Grace George Duke of Albemarle and such others herein after mentioned according to the provision herein after made onely excepted And be it further Enacted by the Authority aforesaid That no Adventurer or Souldier nor the Heir Executor Assignee or Assignes of any Adventurer or Souldier who before any Decree of innocence made by the Commissioners for Execution of the said Act did by himselfe or any other directly or indirectly compound or agree with any Irish claimant whose claim was then depending before the said Commissioners shall ever be admitted to receive or have his two third parts or any other satisfaction for that part of his estate which he so compounded or agreed for but as to so much of his estate for which any agreement was made as aforesaid shall be for ever barred and concluded to demand his two third parts as if the person so agreeing had never been seized or possessed of the same or intitled thereunto so as such Composition or agreement be made to appear before the Commissioners for execution of this Act within three moneths after their first sitting And for the better improvement and ascertaining of His Majesties Revenue Be it further Enacted by the Authority aforesaid That all lands by this or the former Act vested in His Majestie or restored by virtue of any Decrees herein after confirmed or settled or mentioned to be disposed restored confirmed or settled unto or upon any person or persons Bodies Politick or Corporate by virtue of any Clause in this or the said former Act contained and not particularly by plain and express words excepted from Quit Rents in the same Clause and the Lands by this Act appointed to be set out for Augmentation of Bishopricks for endowment of Parochial Churches with Glebe for the better support of the Provost or of the Provost and Fellows of the Colledge of Dublin for the maintenance of the Fort at Duncannon and the benefit of the Corporation at Bandon-Bridge and all the lands enjoyed by transplanted persons in the Province of Conaght or the County of Clare and all other the Lands seized sequestred or set out by reason of or upon accompt of the late Rebellion or War the lands of James Duke of Ormond Elizabeth Lady Dutchess of Ormond the Earl of Burlington and Cork the Earl of Roscommon and other the Protestants of Ireland heretofore sequestred onely excepted be subject and liable to such Quit-Rents to be paid unto His Majestie His Heirs and Successors as in the former Act is directed and appointed Saving onely that the lands in the Province of Ulster which by the former Act were charged with one peny the Acre Quit-Rent shall be and are hereby charged from henceforth with two pence the acre Quit Rent Nevertheless because it may so fall out that in some Counties and Baronies of this Kingdom the Quit Rents which by the Rules of this Act will be chargeable upon and issuing out of the lands therein lying may exceed or at least amount to the full value of the land therewith charged or very neer the full value to the great discouragement of all Plantation and Improvement thereupon Be it therefore 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 for the time being at any time during the space of three years from and after the passing of this present Act to make such abatement and moderation of Quit Rents as they in their judgements shall think fit and that such Order of Council as shall be made touching the abatement of Quit Rents and enrolled in the Court of Exchequer shall be as good and effectual as if the same had been Enacted by these Presents Any thing herein contained to the contrary notwithstanding And for the better carrying on of this present Settlement by raising such a sum of money as may be sufficient to buy of several Estates and Interests which by virtue of the said former Act are now in being and if they should be strictly challenged and demanded according to the tenor of the said Act would in a great measure delay and hinder the execution of this present Act Be it further Enacted by the Authority aforesaid That one years rent of all the lands in Ireland which were returned by the Civil survey to belong to any Irish Papist Popish Recusant or Roman Catholick according to the values of the same lands were let at in the year One thousand six hundred fifty and nine and of all other the lands wherein any Adventurer or Souldier his Heirs Executors or Assigns hath any benefit of Settlement or Confirmation by virtue of this present Act the lands settled by Erasmus Smith to any pious or charitable use onely excepted be forthwith raised and paid unto the Receivers herein after constituted and appointed by two even and equal payments the first payment thereof to begin upon the first day of February which shall be in the year of our Lord One thousand six hundred sixty five the second payment to be upon the first day of
such Irish claimants or the person or persons who shall derive under such Irish claimant then shall such Adventurer or Souldier or other person or persons his or their Heirs Executors or Assignes who shall be concerned in that suit for ever and finally hold the said land in question and every part thereof to him and his Heirs but in case verdict or judgement be given for the title of the Irish claimant or no such election be made as aforesaid the Adventurer or Souldier or other person his or their Heirs Executors or Assignes shall be excluded from demanding or having his two third parts or any other satisfaction which otherwise he might have had in respect of such land so recovered as aforesaid Nevertheless it is hereby declared that no other title shall be admitted to be alleaged or given in evidence by such Irish claimant or any claiming under them but such title as was alleaged in the claim exhibited before the Commissioners for the Execution of the said former Act Provided that if any secret agreement be made between the Irish Claimant and the partie concerned as aforesaid directly or indirectly and the person so agreeing shall obtain any satisfaction for or in respect of the lands so agreed for that then and in such case the party so offending shall forfeit double the value of the lands so obtained one Moyety to the Kings Majestie the other Moyety to the Informer to be recovered in like manner as other forfeitures are herein appointed to be recovered And be it further Enacted that all and every person and persons who now have any grants or Patents of any lands Tenements or Hereditaments or of any titles of honour or dignity or of any annuity pension office or imployment within this Kingdom not already enrolled do cause the same to be enrolled in the Chancery of Ireland within the space of two years next after the Royal assent to this Bill actually given under pain of forfeiture of two years value of any lands Tenements annuities pensions or offices whereof the Patents shall not be enrolled as aforesaid one Moyety to the Kings Majestie his Heirs and Successors the other Moyety to him or them that shall will sue for the same to be recovered by action of Debt Bill Plaint or information in any Court of Record wherein no essoyne protection or wager of law to be allowed or any more than one imparlance and that all every person persons having any Patents touching or concerning any title of honour or dignity not already enrolled or to be enrolled within the time aforesaid shall forfeit and loose the summ of one hundred pounds sterling one Moyety thereof to the Kings Majestie his Heirs Successors the other moyety to him or them that shall will sue for the same to be recovered as aforesaid And it is further Enacted by the Authority aforesaid That all Letters Patents hereafter to be granted of any titles of honour offices or lands whatsoever shall contain in the same Letters Patents a clause requiring and compelling the said Patentees to cause the said Letters Patents to be enrolled in the Chancery of Ireland within a time therein to be limited and all Letters Patents wherein such clause shall be omitted are declared to be utterly void and of no effect Provided alwayes and be it Enacted that nothing in this or the said former Act contained shall extend to prejudice or alter the right title or interest which Elizabeth Countess of Guilford hath or ought to have in the Mannors Castles Towns Villages Messuages lands Tenements or herediments lying or beeing in the County of Cork and now in the actual possession of her the said Countess or her Assignes as the jointure or Dower of her the said Countess the relict of the late Lord ViceCount Kynalmeaky but that the same be possessed and enjoyed by her the said Countess and her Assignes in the same state and condition and no other as she held and enjoyed the same before the first sitting of this present Parliament any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Charles Lord ViceCount Fitz Harding Treasurer of His Maiesties House-hold shall hold and enjoy to him and his Heirs all and singular the lands Tenements and Hereditaments lately granted or mentioned to be granted unto Charles late Lord ViceCount Fitz Harding afterwards Earl of Falmouth and his heirs in and by certain Letters Patents thereof passed under the Great Seal of Ireland And it is hereby declared that the Adventurers and Souldiers and Protestant purchasors of lands in Conaght and Clare their Heirs and Assignes who shall be thence removed shall be satisfied his and their two third parts in like manner as any other Adventurer or Souldier ought to be satisfied by the rules of this Act Provided alwayes that if His Majestie shall at any time within the space of two years next and immediately ensuing pay or cause to be paid unto the said Charles Lord ViceCount Fitz Harding his heirs or Assignes the summ of twenty thousand pounds at or in the middle Temple-Hall in London upon notice thereof first given to the said Charles Lord ViceCount Fitz Harding and his heirs by the space of one week before such payment then all and singular the lands in the said Letters Patents mentioned shall return to and remain in his Majestie his heirs and Successors to the uses of this Act and that until the whole summ of twenty thousand pounds shall be paid and satisfied as aforesaid it shall and may be lawful to and for the said Charles Lord ViceCount Fitz Harding and his Heirs to retain and keep possession of the premisses and the profits thereof to receive and convert to his and their own use without any account to be therefore made any thing herein before to the contrary notwithstanding And whereas Lewis Lord Vicecount Clanmalira being but tenant in tail of certain lands in Ireland exhibited his claim before the Commissioners for Execution of the said former Act but the same remained undetermined and no other claim was exhibited by any other person to any part of the lands of the said Lewis Lord Vicecount Clanmalira either in possession or reversion or remainder except only the claim of Sir Henry Bennet Knight now Lord Arlington His Majesties principal Secretary of State to the reversion thereof in fee being granted to him the said Sir Henry Bennet now Lord Arlington by His Majesties Letters Patents bearing date the fifth day of November in the fourteenth year of his Majesties Raign which claim was by the said Commissioners allowed in so much that the estate and interest of such Adventurers and Souldiers who were formerly planted thereupon are become very doubtful and that as at the best they were not to continue longer than during the said estate tail so now it may be doubted in law whether they be of any continuance at all and
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
their first sitting wherein the construction of this or the said former Act shall appear doubtfull to them or that the Act it self shall be found defective in some points necessary for the carrying on of the intended final Settlement and not cleerly enough determined and provided for by this Act the Commissioners or any three or more of them shall and may by writing under their hands and Seals acquaint the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there for the time being with their proceedings and the doubts arising thereupon and the defects appearing in this present Act and such order of amendment inlargement of periods explanation or direction as shall be thereupon made by the Lord Lieutenant or other Chief Governour or Governours and Council by Act of Council in writing for the better and more easy Execution of this Act and for promoting the ends thereof only shall be as binding to the Commissioners and all other persons and effectual as if the same had been part of this present Act so alwayes that the said Act and Acts of Council be made within the said two years and inrolled in the High Court of Chancery And be it further Enacted by the Authority aforesaid That the time and space of two years to be computed from the day of the first sitting of the Commissioners for Execution of this Act shall be and is hereby allotted unto the said Commissioners for putting this Act in Execution and for performance of the several matters and things hereby intrusted to them And in case the same shall not then be finished it shall and may be lawfull for the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council there for the time being to inlarge the time for the ends and purposes aforesaid to such other and further periods as they by any Act of Council and inrolled in the Chancery of Ireland shall think fit to declare so as such inlargement of time exceed not the space of one year from the expiration of the two former years and that such order as to the inlarging of periods of time shall be as good and effectual in Law as if it had been particularly expressed and enacted by these presents And be it further Enacted by the Authority aforesaid That all Sherriffs Mayors Bayliffs and all other Officers and Ministers of Iustice shall well and truely execute all orders and decrees to be made by the said Commissioners or cause the same to be executed and shall also from time to time obey and execute all such precepts Warrants or other commands as by the said Commissioners to them or any of them shall be directed And that the Commissioners shall have such like power of proceeding in the cases of contempts and misdemeanours committed in open Court or of willfull neglect or disobedience as any of the four Courts at Dublin do or may lawfully use And be it further Enacted by the Authority aforesaid That in all suites and proceedings at Law wherein the Authority of this Act may any way availe the Tenant or Defendant in such suite it shall and may be lawfull to and for such Tenant or Defendant to plead the generall issue and to give this Act and the proceedings thereupon in evidence and if upon the tryall a verdict pass or upon Demurrer Iudgement be given for the Tenant or Defendant or the Plaintiff or Demandant be non suit that in all and every such case the party or parties Tenants or Defendants shall recover his or their double costs and dammages And be it further Enacted and ordained by the Authority aforesaid That the Commissioners appointed or to be appointed by his Majestie for the Execution of this present Act shall and may receive for themselves and for the Sub-Commissioners which they shall choose to attend and assist them therein the Fees hereafter mentioned and no other That is to say two pence for every profitable English acre which by any sentence Iudgement or Decree hereafter to be made by the said Commissioners shall be granted assigned set out restored or confirmed to any Adventurer Souldier old Proprietor or other Irish Papist or to any Parentee or Grantee or any other person or persons Bodies Politick or Corporate whatsoever in pursuance of any part of this present Act or of the said former Act or of any provisoe or grant therein made or by the same or these presents ratified or confirmed and such other Fees salaries and rewards for and in recompense of their paines endeavours in the Execution of such other partes of this and the said former Act which are intrusted to them as the Lord Lieutenant or other Chief Governour and Governours of this Kingdom for the time being and the Council shall think fit and appoint Be it hereby further provided Enacted by this present Parliament by Authority of the same that no prejudice or dammage whatsoever shall arise to or befall John Paine Esq for or by reason or in respect of his being necessitated to accept of One hundred pounds or thereabouts in the time of the late Vsurpers for the present subsistance of himself Family then residing in Dublin but that as to his full arrears due before the fifth of June One thousand six hundred forty nine for service in Ireland the said John Paine his Heirs and Assignes shall be admitted to have aske demand and receive as full and ample satisfaction for the same out of the security by this Act set apart for satisfying the arrears of the Commissioned Officers before the fifth of June One thousand six hundred forty nine to all intents and purposes as if he were to that end named provided for and saved in his Majesties Declaration of the thirtieth of November One thousand six hundred and sixty and as any Commissioned Officer or Officers whatsoever who served in Ireland before the year One thousand six hundred forty nine and hath hitherto received no part of satisfaction for such his service shall may or ought to receive any clause Article matter or thing whatsoever in this present Act or any other Act mentioned or contained to the contrary thereof notwithstanding Provided alwayes and be it further Enacted That all Arrears of pay grown due before the fifth day of June in the year One thousand six hundred forty nine for which Sir Thomas Gifford Baronet deceased was to have received satisfaction in case he had now been living shall be satisfied unto Dame Martha Gifford the Relict and sole Administratrix of the said Sir Thomas Gifford her Heirs and Assigns in such the same manner as the same should or ought to have been satisfied to the said Sir Thomas Gifford Any thing in the aforesaid Act or this present Act contained or any other matter or thing to the contrary notwithstanding And whereas in and by the said former Act the Mannor Castle Town and Lands of St. Woolstownes alias Allens Court were intended to be settled upon
Hugh Earl of Mount-Alexander and his Hiers with benefit of reprizal in case of restitution as Adventurers by the said former Act ought to have had as in and by the said former Act more at large appears since which time the Commissioners for execution of the said former Act have by their Decree adjudged James Allen to be innocent and restored the said Lands to the said James Allen and his Heirs against which Decree an appeal was made to His Majestie by a Petition exhibited by William Montgomery Esq on the behalf of the now Earl of Mount-Alexander an Infant Sonn Heir of Hugh late Earl of Mount-Alexander on hearing of which case and on the defence made by Colonel Richard Talbot to whom part of the lands restored by the said Decree were for good and valuable considerations and by sufficient assurances in Law legally conveyed by the said James Allen His Majestie thought not fit to alter the said Decree or weaken any of the said assurances His Majestie is therefore graciously pleased that it may be Enacted and be it 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 the now Earl of Mount-Alexander his Heirs and Assignes so much other undisposed forfeited lands as may be equal in quantity of acres unto two full third parts of the lands so evicted and recovered by Decree as aforesaid and that Letters Patents shall be thereof passed in like manner and shall be of like effect as any other Letters Patents granted by virtue of this Act are or ought to be And whereas in and by certain Letters Patents passed under the Great Seal of Ireland and bearing date the Seaventh day of March in the twelfth year of the Raign of His Majesties Royal Father the Territories and precinct of Feartry in the County of Wicklow and certain other Mannors lands and Tenements in the said Letters Patents contained were thereby given and granted unto Sir John Coke knight and his Heirs his late Majesties principal Secretary of Estate And whereas Thomas Coke late of Grayes-Inn in the County of Middlesex His Majesties Sollicitor Generall sonn of the said Sir John Cooke Deceased was in his life time lawfully seized of or otherwise intitled unto the said Territory and precinct of Feartry and other the lands and Tenements in the said Letters Patents contained the Inheritance whereof after the Death of the said Thomas Coke Deceased did descend and come or of right ought to have descended and came unto _____ Coke an infant onely Sonn and Heir of the said Thomas Coke Deceased Be it therefore Enacted by the Authority aforesaid That no sequestration or allotment of any of the lands or Tenements in the said Letters Patents contained to any Adventurer or Souldier shall any way Barr or weaken the right or title of him the said _____ Coke in or the said lands or Tenements but that he the said _____ Coke shall and may hold enjoy the same to him and his Heirs according to the tenor and effect of the said Letters Patents any thing in this or the said former Act contained to the contrary notwithstanding And whereas in this and the said former Act great care is taken of the relict and Heirs of Sir Simon Harcourt Knight Deceased upon whom his Majesties Royall Father did by Letters under his Privie Signet appoint that lands of the value of four hundred pounds per annum to be taken out of the forfeited estate of Luke Nettervill should be settled part of which estate together with certain Houses in Dublin were set out accordingly and the relict and Heirs of Sir Simon Harcourt thereof possessed at the time of His Majesties late Gracious Declaration and so still are which lands and Houses together are as is alleaged still short of the value of four hundred pounds per annum intended to be settled as aforesaid It is therefore Explained and Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Philip Harcourt Knight son and heir of Sir Simon Harcourt Knight to hold and enjoy to him and his heirs the houses in the City of Dublin so as aforesaid set out and possessed so as the houses and lands together do not exceed the value of Four hundred pounds per annum Any thing in this or the said former Act contained to the contrary notwithstanding And whereas Thomas Cunningham and Captain Lewis Dick in the year One thousand six hundred forty two pretended to have performed acceptable services against the then Rebels in Ireland by hindering provision coming to them by Sea and by relieving the English Garrisons which were in distress wherein they so far gained belief as that they obtained from the Treasurer for the Irish Adventurers and acknowledgement that they paid in Seven thousand pounds as money adventured and for which they likewise had a certificate from the Committee of Adventurers sitting at Grocers-Hall in London And howbeit the said Thomas Cunningham or Captain Lewis Dick never did any service on the coast of Ireland according to the said undertaking nor paid in any money as other Adventurers did yet by colour of the said certificate there were set out for the said Seven thousand pounds the number of fifteen thousand five hundred fifty and five acres of Land in the County of Tipperary and Limerick whereof they the said Thomas Cunningham and Captain Lewis Dick or their Assigns were possessed the seventh of May One thousand six hundred fifty nine Now least by the general rule of the present settlement the said number of acres or two third parts thereof so unduly obtained as aforesaid should be secured to the said Thomas Cunningham and Captain Lewis Dick or their Assigns His Majestie is graciously pleased that it be Enacted and be it Enacted by the Authority aforesaid That the said fifteen thousand five hundred fifty five acres so set out as aforesaid for and on pretence of the said Seven thousand pounds shall be remain and continue and are hereby vested in his Majestie His Heirs and Successors for ever Provided nevertheless That if the said Thomas Cunningham and Captain Lewis Dick their Heirs or Assigns shall within two months after the Royal Assent shall be actually given to this present Bill make it appear by full and clear proof before the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland that the said Adventure money of Seven thousand pounds was really and bona fide issued and paid in pursuant to the several Acts made by His late Sacred Majestie for reducing the Rebels of Ireland then they shall have the like benefit and advantage by the said Adventure and out of the said fifteen thousand five hundred fifty five acres as other Adventurers are to have by virtue of this present Act. Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours
said Vice-Treasurer may know what sums of money he is to receive all Acquittances which shall be given as aforesaid are to be entred and signed by the several Officers of the Exchequer according to the accustomed manner of Acquittances All which payments sum and sums of money the said Receiver or Receivers are to accompt for and pay over unto Arthur Earl of Anglesey His Majesties Receiver General and Vice-Treasurer of this Kingdom or to the Receiver General and Vice-Treasurer of this Kingdom for the time being to be diposed of issued and paid out by him to and for the several uses intents and purposes unto which and in such manner as the same are respectively designed limited or appointed and to no other intent use or purpose upon the issuing whereof the said Earl of Anglesey or the Vice-Treasurer for the time being shall take the usual accustomed fees payable for other moneys And the said Collector or Collectors Receiver or Receivers for their pains care and service herein shall have take receive and deduct out of and for the respective payments sum and sums of money which they shall so receive pay over or accompt for such fees as were formerly allowed unto and taken by the former Receivers of the money payable by the Adventurers and Souldiers Any thing in the said former or this present Act to the contrary in any wise notwithstanding Nevertheless it is hereby declared That the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine shall be and are hereby discharged of and from the payment of any fees due and payable unto the said John Bence and Alexander Bence Receivers aforesaid for or out of any Debentures due to the said Commissioned Officers but that the said John Bence and Alexander Bence shall in lieu of and satisfaction for the same receive such compensation and recompense out of the Rents Issues and Profits of the Security appointed for satisfaction of the said Debentures as the Lord Lieutenant and Council shall think fit Provided alwaies and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act do forthwith and without staying for any previous Reprizal restore unto Theobald Lord Vice-Count Mayo his Heirs and Assigns his and their principal and Capital Messuage with the appurtenances and shall also forthwith restore unto the said Theobald Lord Vice-Count Mayo his Heirs and Assigns all and singular other the Messuages Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments right title condition and other interest and estate whatsoever which he the said Theobald Lord Vice-Count Mayo or his Father or any Ancestor whose heir he is or any other in trust for them or any of them or for any of their uses had held possessed or enjoyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and whereof no Adventurer or Souldier nor the Heir Executor Administrator or Assignee of any Adventurer or Souldier is now in possession Impropriations or Appropriate tythes onely excepted And that all and every the Lands Tenements and Hereditaments whereof the said Theobald Lord Vice-Count Mayo or his Father or any other Ancestor whose heir he is or any other person or persons in trust for them or any of them were seized or possest on the said two and twentieth day of October One thousand six hundred forty one and which are now in the possession of any Adventurer or Souldier or of the Heir Executor Administrator or Assignee of any Adventurer or Souldier shall after their several and respective full two third parts to them set out and allotted out of other forfeited and undisposed lands in satisfaction of their several and respective interest be likewise set out and allotted unto and placed in the possession of him the said Theobald Lord Vice-Count Mayo and his Heirs Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That nothing herein contained shall in any sort prejudice the right title or interest of Captain Owen Mac Carthy of Clogheroe in the County of Cork unto any of the Lands Tenements or Hereditaments in the said County mentioned or specified in his Claim upon which he was adjudged innocent by the late Commissioners but left to the Law for the recovery of the same And that the Lands so claimed by him shall continue and remain in His Majesties hands undisposed of for the space of twelve moneths next after the passing of this Act to the end that the said Owen Mac Carthy may within that time make out his right and title thereunto if any he have and cause the same to be adjudged and determined by due course of Law And in case the said right and title be not made to appear and be determined as aforesaid within the time aforesaid then all and singular the said Lands shall and may be disposed of as any other forfeited lands by this Act ought to be Any thing in the said former Act or this present Act to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the arrears due unto the late Marquess of Clanricard for the several times and imployments he had in this Kingdom before the tenth of December One thousand six hundred and fifty be allowed and satisfied to the Executors or Administrators of the said Marquess of Clanricard out of the Securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine And that the said Executors and Administrators be and are hereby admitted and allowed to state all the said arrears due to the said Marquess of Clanricard before and until the tenth of December One thousand six hundred and fifty before the Commissioners for execution of this Act before any distribution made of the said Securities Any thing in this Act or the said former Act contained to the contrary notwithstanding His Majestie taking into consideration the many good and faithful services performed by Charles late Vice-Count Muskry in Forreign parts and particularly that in consequence of the Disposition of Dunkirk the state of His Majesties affairs did not admit the continuance of the pay of the Regiment of Foot commanded by the said Charles Vice-Count Muskry was therefore graciously pleased by His Royal Letters of the sixth of April in the fifteenth year of His Reign to direct and appoint that all the Lands in the Barony of Muskry in the County of Cork forfeited to His Majestie and not set out to Souldiers or Adventurers nor restored to the former Proprietors the greatest part whereof were held of the estate of Donogh Earl of Clancarty the said Charles his Father should be by one or more Grant or Grants passed under the Great Seal of Ireland unto the said Charles late Vice-Count Muskry his Heirs
the same according to the rules of this Act and are by virtue hereof to be removed from the same shall have so much other forfeited lands set out to them by the Commissioners for the Execution of this Act as may be sufficient to reprize and satisfie them for two full third parts of the lands from whence they are to be removed and certificates shall be thereof granted in order to the passing of Letters Patents which shall be of like force and effect as any other Letters Patents granted in pursuance of this Act are or ought to be And they and every of them are hereby likewise discharged for them their Heirs and Executors respectively of and from all arrears of rent and measne profits received or to be received by them at any time before they shall be removed as aforesaid Provided also That the Town and Lands of Bradcullen and so much lands contiguous about the same as may amount unto three thousand acres of profitable land with the appurtenances which by the said Contract made with the said Teige O Conner were to have been given or assured to the said Teig O Conner and his heirs shall be and are hereby excepted from being settled upon the said William Earl of Strafford and Thomas Radcliffe and their Heirs or any of them and shall remain diposeable between Sir Francis Gore Knight and Captain Robert Parkes according to their several proportions of what they respectively possess of the said estate and what by the rules of this Act shall belong to them respectively and are to be reckoned and numbred out of such lands which are now in their or either of their possessions most contiguous to the said Town of Bradcullen in pursuance of the said Contract And whereas the said Sir Philip Percival and Sir George Ratcliffe or one of them did besides the said Donogh O Connors estate in like manner purchase some other small parcels of lands tenements and hereditaments in the said County of Sligoe from several other persons Be it further Enacted by the Authority aforesaid That the said William Earl of Strafford and Thomas Radcliffe shall be and are hereby restored to all the Estate Right and Title which the said Thomas late Earl of Strafford and Sir George Radcliffe or either of them had either in Law or equity in or to the said last mentioned lands tenements and hereditaments in the year One thousand six and forty And that they the said William Earl of Strafford and Thomas Ratcliffe shall by the said Commissioners for execution of this Act be forthwith restored to the possession of all such of the said last mentioned lands tenements and hereditaments whereof the said Thomas late Earl of Strafford and Sir George Radcliff or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed in the said year One thousand six hundred and forty under the rents and services due and payable thereout to His Majestie in the said year And forasmuch as the Adventurers and Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and are now in possession of or claim the same may the better know whether they may hold the said lands or take themselves to their Reprizals the said Commissioners are required to hear and determine of the said purchases and of the right title and interest either in Law or Equity which they the said William Earl of Strafford and Thomas Radcliffe have or had in or to the said last mentioned lands and to reprize the said Adventurers Officers and Souldiers in other lands of equal value worth and purchase according to the rules of this Act in case the said lands shall be evicted from them as aforesaid who are hereby discharged of and from all arrearages of rent and mean profits received at any time before they shall be removed from the said last mentioned lands Any thing in this or the said former Act to the contrary notwithstanding And be it further Explained Declared and Enacted by by the Authority aforesaid That all and singular the lands tenements and hereditaments and other estates with their and every of their members and appurtenances of within or appertaining to the half Barony of Irris alias Irrus or Erris and the Parish of Dunfiny alias Ducuni adjoyning unto Irris in the County of Mayo and the Parish of Termon-barry alias Tearmonbeary in the County of Roscommon and all and every or any of them vested in settled on forfeited to or belonging upon the said three and twentieth of October One thousand six hundred forty one or at any time since unto Your Majestie or Your Royal Father together with all the Mines and Minerals therein Royal Mines excepted and all Fishings on the Sea coasts of the same as also on the Loughs and fresh Rivers and waters thereunto in any wise belonging or appertaining be and they are hereby as from the five and twentieth day of March One thousand six hundred sixty five in the Seaventeenth year of your Majesties Raign vested in settled on and granted unto Sir Robert Vyner Knight Thomas Vyner Esq James Temple Henry Lewis and Silvanus Hyde of London Gent. their Heirs and Assignes for ever to be held of your Majestie your Heirs and Successors as of your Castle of Dublin in Free and Common Soccage at and under the yearly Rent of fifty pounds to be paid into your Majesties Exchequer at Michaelmas and Easter by equal portions And that Thomas Earl of Ossory Richard Earl of Burlington and Cork Roger Earl of Orrery Richard Earl of Arran and Robert Boyle Esquire their Heirs and Assigns for ever shall possess and enjoy the full benefit advantage and effect of your Majesties gracious Letters under your Royal Signet bearing date the Five and twentieth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto Sir James Shaen his Heirs and Assigns for ever in for or towards satisfaction of Adventures or Arrears for service done in Ireland and other interests confirmed allowed or satisfied by or intended allowed confirmed or satisfied by or in pursuance of your Majesties said gracious Declaration of the Thirtieth of November One thousand six hundred and sixty and other Concessions consistent with and agreeable to the same And also to have hold and enjoy to them their Heirs and Assigns for ever the full benefit advantage and effect of your Majesties Letters under your Royal Signet bearing date the Four and twentieth day of July One thousand six hundred sixty five in the Seventeenth year of your Reign in trust for and to the uses intents and purposes therein expressed mentioned and declared Excepting onely what concerns the lands and premisses in Irris Dunfiny and Tearmonbeary or any of them Any other Clause Provisoe Sentence matter or thing whatsoever in the said former
in which retrenchment the unprofitable Lands as well as profitable are to be reckoned and parted with together in like manner and proportion as the same were set out together according to the said Surveyes and in default of due retrenchment and cutting of the overplus in such manner as the Commissioners shall approve and within such time as the Commissioners shall direct the Commissioners shall cause the overplus to be set out and ascertain the residue whereof possession is to be retained in such manner as they shall think fit observing therein rules of contiguitie and conveniencie asmuch as may be and reserving to him or them his or their house and the improvement about it and the like rule is to be observed in the retrenchment to be made of the overplus of such Lands which have been set out in satisfaction of any Adventurers upon the Ordinances commonly called the doubling Ordinances and in the retrenchment which is to be made from the Protestant purchasors in Connaght and Clare and where any Adventurer or Souldier or the Heir Executor Administrator assignee or assignes of any Adventurer or Souldier shall be found to be possessed of less Land than his or their full two third parts will amount unto according to the rules of this Act that then and in such case it shall and may be lawful for him or them to continue and retain the possession of what he or they have and that the residue of what is wanting to make up his or their full two third parts as aforesaid be forthwith set out and made up out of some other forfeited Land to be allotted set out and ascertained by the Commissioners as aforesaid and as neer as may be with convenience to the Lands in his or their present possession any thing in the former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their heirs Executors assignee or assignes who upon the Seaventh day of May One thousand six hundred fifty and nine were or ought to have been possessed of any Lands Tenements or Hereditaments set out for satisfaction of any Adventurers or arrears not since decreed away by such decrees as are herein confirmed shall and may retain the Lands in his or their possession or so much thereof as by the Commissioners for Execution of this Act shall be adjudged to amount to his or their full two third parts any mistake or Misnomer of the County or Barony wherein the Lands set out for Adventures or arrears and so possest do lie to the contrary notwithstanding And it is likewise declared that the Adventurers and Souldiers their Heirs Executors and assigns who have voluntarily relinquished or been removed from the Estate of James Duke of Ormond and put into possession of any other Lands in the County of Catherlagh not since decreed away from them and all others who have relinquished any Lands whereof they were possest the Seaventh day of May One thousand six hundred fifty and nine in obedience to his Majesties Letters and have since been removed to other Lands not decreed away from them shall have like libertie of retaining the Lands whereof they are now possest or so much thereof as shall be adjudged to amount to his or their full two third parts as he or they might have had if they had been so possessed upon the Seaventh day of May One thousand six hundred fifty and nine and what is wanting of two third parts shall be made up and supplied by the Commissioners out of some other forfeited Lands by them to be allotted And be it further Enacted by the Authority aforesaid that all and every the deficient Adventurers and the Heirs Executors assignee or assignes of such deficient Adventurers who are to be satisfied for two full third parts of such their deficiencies in quantity of acres to be set out and allotted as aforesaid And all and every other the Adventurers Souldiers Protestant Purchasors in Conaught and Clare their Heirs Executors Administrators and Assigns respectively to whom any Lands Tenements or Hereditaments are by the rules of this Act to be set out and allotted for the supply and making up of his and their full two third parts shall be satisfied in the same Barony and County or in the next Barony and County neerest in value to their respective deficiencies and allotments if the same can conveniently be done And in order hereunto the Lord Lieutenant or other chief Governor and Governors and Council for the time being are hereby enjoyned to settle and declare the several degrees of values of the respective Counties and Baronies which declaration shall be a rule and guide to the Commissioners in execution of any part of this Act where the considerations of values shall be necessary or material And where any Adventurer his Heirs Executors Assignee or Assignes shall be found to be deficient in part and yet to have more Lands in one particular Barony or County than his or their lot in that particular Barony or County would have amounted to it shall and may be lawful to and for him or them to retain and keep in his or their own possession so much of the overplus whereof he or they shall be possessed in one Barony or County as shall be judged equal by the Commissioners for and towards the satisfaction of his and their deficiency in any other Barony or County so always that the whole which he or they shall so retain exceed not the due proportion of full two third parts which he or they ought to have according to the rules aforesaid And where any Adventurer or Souldier or the Heirs Executors Administrators or Assigns of any Adventurer or Souldier shall be found to have more Lands in his or their possession than will satisfie the two third parts which he or they ought to have by the rules of this Act and yet shall have no deficiencies of their own to place upon such overplus that there and in such cases it shall and may be lawful to and for such Adventurer and Souldier his and their Heirs Executors Administrators or Assigns to buy in and purchase of any other Adventurer or Souldier or the Heir Executor Administrator or Assignee of any Adventurer or Souldier his or their right and title in and to the satisfaction of any deficiencies within the same Province which are satisfiable by the rules of this Act and to be satisfied for the right and title so bought and purchased as aforesaid by retaining the overplus Land whereof he or they were seized or so much thereof as shall not exceed the due proportion of two full third parts which ought to be applied to the satisfaction of such deficiencies And be it further Enacted by the Authority aforesaid That where any Adventurers or Souldiers Commission'd Officers who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Conaught or Clare before the
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
and be settled upon the said Provost of Dublin and his Successors in such way and in such manner as the Lord Lieutenant or other cheif Governour or Governours of Ireland and Council for the time being shall direct And the Commissioners shall likewise set out or cause to be set out so many more acres of profitable Lands as may be of the yearly value of three hundred pounds 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 and towards the support and maintenance of the Fort at Duncannon and be setled for that purpose in such way and manner as the Lord Lieutenant or other chief Governour or Governours and Council for the time being shall direct and in the setting out of the said Lands the Commissioners shall not be obliged to proceed by any rules of contiguitie but onely to take care that the value intended be secured And the Commissioners shall likewise set out or cause to be set out so many acres more of profitable Lands as may be of the yearly value of one hundred pound per ann or may be sufficient to answer and secure a yearly rent-charge of one hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the Corporation of Bandon Bridg and their Successors and be granted to them by Letters Patents in such manner as other Letters Patents are herein after directed Nevertheless if any Lands have been already set out for that purpose the Commissioners are to cause the same to be valued and to retrench so much thereof as shall exceed the value of One hundred pounds per ann And if the whole fall short of that value to cause the same to be supplyed by further allotments as aforesaid And be it further Enacted by the Authority aforesaid That the Protestant Commissioned Officers who were in Regiments Croops or Companies raised in Ireland or transported out of England and served His Majestie or His Royal Father before the fifth day of June One thousand six hundred forty and nine and are not excluded by the said former Act and all others mentioned and intended by the said former Act to be satisfied equally and together with the said Commissioned Officers out of the fame security who received no Lands or money for their pay due unto them for their said service their Heirs Executors Assigneâ— or Assignes and also John Bartlet and the Heirs of Thomas Bartlet their Heirs and Assignes shall hold and enjoy and be continued and confirmed in all and singular the Messuages Mannors Land Tenements and Hereditaments not already decreed away by the Commissioners for Execution of the said former Act and in the benefit arising from the redemption of Mortgages statutes and judgements and in all other the benefits and advantages whatsoever arising or accruing unto them by any Clause in the said former Act contained other than the years rent and the year and halfs rent therein mentioned which rents are herein after otherwise satisfied and discharged And it is hereby Explained Declared and Enacted That these words The benefits arising from the Redemption of Mortgages Statutes staple and Judgements where the lands are not already disposed of to Adventurers or Souldiers shall be understood and expounded and so are hereby adjudged to be meant and intended of all benefits of that nature which on the two and twentieth of October One thousand six hundred forty and one or at any time since were belonging to any Irish Papist or Roman Catholick not already declared innocent by the Commissioners for execution of the said former Act although the lands were not actually sequestred saving and reserving as herein after is saved and reserved and that the Commissioners for execution of this Act shall cause all and every their securities for satisfaction of such arrears arising by the said former Act or this present Act to be equally divided and distributed amongst all and every the said Commissioned Officers and other the persons aforesaid and the Heirs Executors Assignee or Assigns of such Commissioned Officers and other the persons aforesaid according to the proportion of their respective Arrears stated or appointed to be stated by this Act And therein care is principally to be taken that such Officers who served before the fifth of June One thousand six hundred forty and nine and have yet had no satisfaction for their service in land or money their Heirs Executors Assignee or Assignes may be satisfied in the first place after the rate of Twelve shillings six pence in the pound if the same will so far extend And if there shall be found any surplus then the same shall be equally distributed amongst all the Officers who served before the fifth of June One thousand six hundred forty and nine and have any arrears due to them as well those who have formerly had satisfaction in part as those who have yet had no satisfaction and amongst the respective Heirs Executors and Assigns of such Officers And that all and every the respective securities herein before mentioned shall be forthwith put out of charge without any fees to be therefore paid in order to the distribution aforesaid and until such distribution made shall be managed for the benefit of the persons herein concerned by such persons as in the said former Act is directed And in case any lands or houses within any of the securities aforesaid shall by any particular Clause in this Act be disposed unto or settled upon any person or persons not being a Commissioned Officer as aforesaid nor having the same in satisfaction of arrears due for service before the fifth of June One thousand six hundred forty and nine or by way of confirmation of some Clause in the former Act The Comissioners for execution of this Act shall set apart so much other forfeited land as may be sufficient to reprize the said Commissioned Officers for such loss and damage as they shall sustain by such Clause that so the said securities may remain and continue to and for the benefit of all persons therein concerned as full and ample as the same would have been by virtue of this Act if such particular Clauses or Dispositions had never been had nor made And the Commissioners shall cause the distribution of lands and houses within the security of the said Officers to be fairly entred in Books as is before directed in the Settlement of Adventures and Souldiers to the end that such persons who shall be settled in any of the respective securities may be enabled to demand Letters Patents of the Houses Lands and Tenements Rights of Redemption sums of money and other the premises which shall be allotted to them for their proportion which is hereby Enacted shall be granted accordingly and shall be good and effectual in Law according to the tenor and purport of the
same but subject to the Quit Rents of Eighteen pence per annum to be paid to His Majestie His Heirs and Successors for every Twenty shillings which any House Orchard or Garden-plot within the security aforesaid is worth to be let according to the said former Act and to such other Quit Rents as any of the land within the said security ought by virtue of the said former Act or this present Act to be charged with Saving nevertheless to all and every the Archbishops Bishops and other the Ministers of the Church such right benefit and advantage of in and to the forfeited houses in Cities walled Towns and Corporations as in and by the said former Act is given the said Houses to be set out by the Commissioners for execution of this Act. And be it Enacted by the Authority aforesaid That the House chosen by Edward Lord Bishop of Limerick in the City of Limerick and set out to him for seven years according to the Act of Settlement together with that small waste plot of ground and two ruinous Tenements thereon which the present Bishop thereof now rents of the Trustees at Twenty shillings per annum lying on the backside of the said dwelling House equal with the front thereof down to the High-way adjoyning to the wall of the said City being from the said back-side in length threescore and six yards and in breadth twenty and nine yards be annexed unto the See of Limerick for ever and be a Mansion House for William the present Bishop thereof and his Successors And be it further Enacted by the Authority aforesaid that the benefit and advantage of all forfeitures by false certificates shall be in the first place applyed to and for the satisfaction of the persons aforesaid who ought to be satisfied twelve shillings and six pence in the pound until twelve shillings six pence in the pound be fully satisfied in case the securities aforesaid shall not be sufficient for that purpose and after twelve shillings and six pence in the pound fully satisfied to the persons aforesaid then the whole benefit of the said forfeitures shall be and remain and shall be applyed unto such uses intents and purposes as in and by the said former Act was appointed so as the said false certificates be found out and discovered within three months after the passing of this present Act. And whereas by the said former Act such Officers or their Assignes who shall purchase any Houses Lands Tenements or Hereditaments within any Corporation are enjoyned to give security to satisfie such as by virtue of any Lease or contract for Lease have built or improved any House or Garden either in money or else by granting to such person or persons a Lease at a Rent proportionable to the said improvement so as the said proportion exceed not a fifth part of the value the same are worth to be sold Messuages built from the ground onely excepted Be it Enacted and explained by the Authority aforesaid that no person or persons shall be admitted to have any satisfaction or security for his or their improvements who upon Leases or contracts for Leases made before His Majesties happy Restauration were bound to make such improvements And have actually enjoyed the said Houses Lands and Tenements during the full time and term of years for which they did contract and agree as aforesaid any thing in this or the said former Act to the contrary notwithstanding And to the end that all and every the Houses in Corporations being part of the aforesaid securities may alwayes continue in the hands of English and Protestant Subjects as neer as may be It is further Enacted by the Authority aforesaid that no Papist or Popish Recusant shall be admitted to purchase any of the Houses in Corporations from the Commissioners for Execution of this Act nor any other person or persons but such who shall take the Oathes of Allegiance and Supremacy which Oathes any of the said Commissioners or any Iustice of Peace hath hereby power to Administer without the Licence and leave of the Lord Lieutenant or other chief Governour or Governours in Ireland and Council there by Act of Council first had and obtained And further that no Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine nor the Heir Executor Assignee or Assignes of such Commissioned Officer or other person to whom any of the Houses within the said security shall be allotted or shall hereafter come shall set grant alien demise lease or otherwise dispose any House or Houses within the security aforesaid to any Papist or Popish Recusant or person refusing the Oathes of Allegiance and Supremacy as aforesaid without Licence as aforesaid under pain of forfeiture of double the value of every such House so conveyed or disposed as aforesaid One moyety thereof the Kings Majestie His Heirs and Successors the other moyety 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 Essoin Protection nor wager of Law to be admitted nor any more than one imparlance and the said Houses and Lands in Corporations together with the summ of One hundred thousand pounds herein after mentioned are with all possible expedition to be distributed by the Commissioners for Execution of this Act according to the rules aforesaid that so the daily ruine and decay of the said Houses may be prevented as soon as it is possible And whereas the Lord Lieutenant and Council of this your Majesties Kingdom have at the humble suite of several of the said Officers conceived an order bearing date at the Council Board of Dublin the twelfth of January One thousand six hundred sixty three wherein they have set down several rules and directions for the stating the arrears of the several Armies which were imployed in the service of your Sacred Majesty or your Royal Father of blessed memory in your warrs in Ireland before the fifth of June One thousand six hundred forty nine which order by reason of the shortness of the time limited for stating the said arrears and issuing debentures unto the said Officers would not be punctually observed by your Majesties Commissioners appointed for Execution of the said Act Be it therefore Enacted by the Authority aforesaid That the said order bearing date as aforesaid shall be and is hereby Enacted in as full and ample manner as if the same were particularly set down and recited in this Act and the Commissioners appointed or to be appointed for the execution of this Act are hereby authorized and required before they proceed to the giving out of any satisfaction for any arrears of pay due unto any of the said Officers or their Assigns to take care that all the accompts of the said Officers be made conformable unto the Rules and Directions of the said Order notwithstanding the Debentures issued as aforesaid that
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
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
appurtenances in the said County of Wexford and all other Lordships Mannors Castles Lands Tenements Rents and Arrearages of Rents reserved and payable upon any Lease or Leases for lives or years or otherwise and all Reversions Remainders Services and Hereditaments late of the said Robert Wallop with their and every of their appurtenances in the said County of Wexford and also all that Priory or Rectory and Church Impropriate of Selsker in the said County of Wexford and all Houses Edifices Barns Stables Tythes Oblations Obventions Profits Commodities and Advantages whatsoever thereunto belonging or appertaining and all other Tithes or tenth parts of Corn Grain Hay Wool Lamb Fish and other Tithes whatsoever late of the said Robert Wallop yearly arising coming renewing or happening within the severall Parishes and Towns Vills fields hamletts tytheings and tytheable places of St. Margaret St. Ivern Ishartenon Kilmore Killame St. Peter Carycke Killoryn Ballysonon Ballnalden Killish Ardcavan and Ard-Collme Killmallock St. Nicholas Takillin Skreene Killisk Ballmestaine Selsker and St. Toolirck in the said County of Wexford and also all other Lordships Mannors Castles Abbeyes Towns Vills Territories Messuages Lands Tenements rents and arrearages of rents as aforesaid reversions tythes and hereditaments whatsoever in Ireland late the possessions of the said Robert Wallop and also all other Mannors Messuages Lands Tenements Meadowes feedings pastures woods under-woods tythes rents reversions and hereditaments together with all and singular Courts Courts-leet Courts-Baron viewes of Franckpledge and all that to Courts-Leete and viewes of Franckpledge appertaineth Perquisits and profits of Courts Chattels Waifes Estrayes Rights Iurisdictions Franchises Privileges Commodities Advantages Emoluments Hereditaments whatsoever to the aforesaid Lordships Mannors Castles Abbyes Lands Tenements Hereditaments and other the premisses aforesaid or any of them or any part or parcel of them in the said County of Wexford or elsewhere in this Kingdom of Ireland belonging or appertaining or accepted used reputed taken or known as part parcel or member of them or any part or parcel of them with their and every of their appurtenances late of the said Robert Wallop all which premisses by His Majesties Letters Patents under his Great Seal of England bearing date the six and twentieth day of September in the thirteenth year of his now Majesties Raign were mentioned to be granted by his said Majestie unto the said Thomas Earl of Southampton Lord Ashley Sir Orlando Bridgeman and Sir Henry Vernon and their Heirs and all and singular conditions covenants forfeitures entries titles and rights in any Indenture or Indentures of Lease of the premisses or any of them specified or contained or otherwise And be it further Enacted by the authority aforesaid That all and singular the said Castles Mannors Hereditaments and premisses shall be and are hereby declared and adjudged to be vested and settled in the said Thomas Earl of Southampton Anthony Ashley Lord Ashley Sir Orlando Bridgeman Sir Henry Vernon and their heirs and that as fully and amply as if the said Letters Patents had been good and effectual in law according to the intent and purpose thereof any thing in this or the said former Act to the contrary hereof in any withstanding And be it further Enacted That Sir Maurice Eustace Knight late Lord Chancellor of Ireland Arthur Earl of Essex Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloone Michael late Lord Bishop of Cork now Lord Chancellor of Ireland and Lord Archbishop of Dublin John Lord Vicecount Massareen Marke Lord Vicecount Dungannon Rober Boyle Esq Sir Arthur Forbus Major George Rawdon now Sir George Rawdon Baronet and the relict and heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cooke and the Orphans of Colonell Owen O Conelly Sir George Lane Sir James Waymes Sir George Ascough Sir Theophilus Jones Sir Walter Plunkett Sir George Preston Sir John Bellew Sir Martin Noel Sir St. John Broderick William Legg Esq Edward Vernon Esq Robert Southwell Esq Captain William Hamilton Maurice Keating Esq Erasmus Smith Esq Susanna Bastwick and her Children Sir William Pettie and all others particularly provided for in the said former Act and not particularly mentioned in this present Act and other special provisions made for them their heirs executors and Assigns do hold and enjoy to them their heirs and Assignes all and singular the lands tenements and hereditaments in and by the said former Act settled granted disposed and confirmed or mentioned meant or intended to be settled granted disposed and confirmed to them their heirs and Assignes and not already decreed away by such decrees as are herein confirmed and all other the benefits and advantages of this present Act and the benefits and advantages in and by the said former Act mentioned in any particular clause or other provisoe relating to them or any of them their heirs or Assignes the benefit of reprizals in the said former Act granted onely excepted any retrenchment or alteration thereof made by the Lord Lieutenant and Council of Ireland or any other matter or thing in this Act to the contrary notwithstanding And it is further Enacted that Sir William Penn shall hold and enjoy to him and his heires all and singular the lands Tenements and hereditaments situate in the County of Cork whereof he the said Sir William Penn by himself or his under tenants was upon the first day of March One thousand six hundred sixty and four in possession as tenant to his Majestie and in case the same shall fall short of the full value of One thousand pound per annum over and above all Quit rents charges and reprizes the Commissioners for Execution of this Act shall cause so much other forfeited land to be sett out and allotted unto the said Sir William Penn his Heirs and Assignes as may make up the same to the full cleer yearly value of One thousand pounds per annum as aforesaid and in case the lands held by the said Sir William Penn his undertenants or Assignes upon the said first day of March One thousand six hundred sixty and four shall exceed the value of One thousand pound per annum over and above all Quit rents charges and reprizes as aforesaid he the said Sir William Penn his Heirs and Assignes shall reconvey unto his Majestie his Heirs and Successors so much thereof as by the Commissioners for the execution of this Act shall be declared or by any Inquisition to be taken within two years after the Royal assent given to this Bill shall be found to be over and above the value of One thousand pounds per annum as aforesaid And it is further Enacted by the Authority aforesaid That the Earl of Clanrickard Earl of Castlehaven Morrough Earl of Inchequin the Earl of Clancarty Lord Vice-Count Dillon Simon Luttrell Dudley Bagnall Esq Henry Bagnall Catherine Corbett Theobald Purcell Esq and such others who are particularly mentioned in the said former Act to be restored to their estates and therein
whether the said estate tail be not extinct in law by the forfeiture of the said Lord Clanmalira whose claim of innocence hath not been allowed and so by consequence the reversion granted to Sir Henry Bennet now Lord Arlington as aforesaid come to take effect in present possession Be it further Enacted by the Authority aforesaid That the said Sir Henry Bennet now Lord Arlington shall and may enter into and upon and shall have hold and enjoy to him and his Heirs all and singular the Messuages Mannors Lands Tenements and Hereditaments whereof Lewis Lord Vice-Count Clanmalira or any other person in trust for him was seized or possessed the two and twentieth of October One thousand six hundred forty one in as full and ample manner as the said Sir Henry Bennet now Lord Arlington might have held or enjoyed the same by virtue of the said Letters Patents in case the said estate tail had been spent or expired or otherwise determined or extinguished which said Letters Patents and all and every the clauses therein contained are hereby confirmed and declared to be good valid and effectual in law to all intents and purposes and that all and every the Adventurers and Souldiers their Heirs Executors Assignee or Assignes who are to be removed in order to the quiet and peaceable possession of the said Sir Henry Bennet now Lord Arlington shall be satisfied their full two third parts respectively in like order and manner to and with other Adventurers and Souldiers any clause matter or thing in this or the said former Act contained to the contrary in any wise notwithstanding And Whereas Francis Lord Aungier in and by the said former Act was intitled unto some part of the premisses amounting to the value of two hundred pounds per annum or there abouts which as is alleaged lyeth so intermixt with the residue of the said estate that the same cannot without great inconvenience be continued in the possession of the said Francis Lord Aungier in such manner as now it is held Be it therefore Enacted That the said Sir Henry Bennet now Lord Arlington his Heirs or Assignes shall before the first day of January next ensuing convey and assure unto the said Francis Lord Aungier his Heirs and Assignes so much of the premisses as Arthur Earl of Anglesey and Roger Earl of Orrery or the surviver of them shall by any writing under his or their hands and Seals before that time to be made declare and appoint in lieu and recompence of the estate of the said Francis Lord Aungier of and in the premisses and in default of such Declaration and appointment or of the performance thereof the said Francis Lord Aungier shall hold and enjoy to him and his heirs the Messuages Lands and Tenements whereof he is now in possession and to which he stands intitled by the said former Act according to the tenor thereof any thing in this present Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That there shall be and is hereby constituted and erected an office or place of Register to the Commissioners for Execution of this Act who shall take care that due entries be made of all Retrenchments of any third part or other proportion of lands to be cut off from any Adventurer or Souldier their Heirs and Assignes and the valuations thereof and of all Decrees and certificates to be made by the Commissioners for Execution of this Act and of all other the proceedings in order to the service of this Act which are fit and proper to be Registred And that the said Office or place shall be held by Sir John Percival Baronet during his natural life to be exercised by himself or his sufficient Deputy and that the said Sir John Percival by himself or his Deputy shall be and is hereby impowred and required to have the care and custody of all claims certificates plots surveyes except such as relate to the Office and imployment of the Surveyor General Debentures Duplicates Entries and copies of them Returns of Commissions Valuations Examinations Affidavits Reports Rols and all other publique Books Papers writings and Records whatsoever which any the Commissioners or Sub-Commissioners for the service of this Act shall use in such Office or place wherein they sit and which shall be dependant on the said service or relating thereunto and all persons who have any of the like Books or Papers aforesaid which have been used in or towards the Execution of the said former Act shall forthwith deliver the same or cause the same to be delivered to Sir John Percival And to the end that no fraud or deceipt may be used herein nor any of the said writings or Records be imbeizeled the Lord Lieutenant or other chief Governour or Governours of Ireland for the time being and the Council there shall have power to send for any person or persons whom they shall suspect to have any of the writings or Records-aforesaid and to examin him or them upon his or their Oathes touching the same and to commit to prison such person or persons as shall refuse to be examined or being examined shall refuse to deliver such Books Papers and Records relating to the service of the said former Act as shall appear to be in his or their hands or which they can come by And further the said Sir John Percival by himself or his Deputy and by such under Clerks for which he will be responsible shall from time to time attend such Commissioners and transcribe Copy Prepare Register Enter Draw up and enrol or cause to be transcribed Copied Prepared Registred Entred Drawn up and enrolled all and every the Decrees Iudgements Orders Warrants Summons Injunctions Reports and certificates of any of the Commissioners or Sub-Commissioners for Execution of the said former Act not already enrolled or entred or of any the Commissioners or Sub-Commissioners for the service of this Act for the time to come and shall also Act and do or cause to be Acted and don all and every the matters and things which doe or may any way concern the Office of Register or other the premisses as fully and amply as any Register or Registers to the Commissioners for Execution of the said former Act and his and their Clerks did or ought to have done he and they taking therefore such Fees only and no other as by the Lord Lieutenant or other cheif Governour and Governours of Ireland for the time being shall be held reasonable which Fees he and they are hereby enabled to receive and recover accordingly And it is hereby declared and enacted That the said Sir John Percival shall yearly and every year during the Execution of this and the former Act account for and pay unto the Lord Lieutenant or other cheif Governour and Governours of Ireland one full third part of the cleer annual Profits of the said Office the necessary charges to be expended in and about the Execution thereof being
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
four Courts in Dublin between two and five of the Clock in the afternoon shall think fit and assess which said sum or sums so to be assessed and raised shall not exceed two pence for every profitable Acre which shall be by virtue of this Act confirmed unto them their Heirs and Assignes now in their possessions or at any time hereafter shall be confirmed upon them respectively and shall be paid unto the Receivers herein after mentioned and shall be disposed by them or any three or more of them for and toward the end aforesaid and not otherwise Provided alwayes that of the three there be alwayes one of the Peers and two of the Commoners before specified and for default of payment of any summ or summs so assessed it shall and may be lawful to and for the persons aforesaid or any three or more of them or such other person or persons as they shall direct and appoint to levy by distress and Sale of the Goods and Chattels of such person or persons so making default double the summ that shall be upon him or them assessed and in arrears rendering the overplus to the partie distrained And whereas amongst several Bils certified and transmitted under the Great Seal of Ireland unto his Majestie in his High Court of Chancery in England by a certificate bearing date at Dublin the thirteenth day of May in the sixteenth year of His Majesties Raign a Bill is transmitted intitled an Act for settling of Certain lands of Erasmus Smith Esq for charitable uses Be it further Enacted by the Authority aforesaid That all the lands Tenements and Hereditaments in the said Bill mentioned and thereby intended to be disposed for charitable uses and not already Decreed away by the Commissioners for Execution of the said former Act shall be continued applyed unto and preserved intirely for such pious and charitable uses and that the Commissioners for Execution of this Act shall not allot or distribute the said lands or any part thereof or suffer the same to be allotted or distributed to any Adventurer or Souldier in pursuance of this Act And where any of the lands set out by the said Erasmus Smith to pious or charitable uses have been evicted recovered or charged by any Decrees which are confirmed by this Act the Commissioners for Execution of this Act shall cause a like quantity of forfeited and profitable Acres within the County of Lowth if so much can there be found or otherwise elsewhere to be set our and allotted to the same pious uses as may be sufficient to recompence the loss which hath hapned by such Decrees as aforesaid any thing in this or the said former Act to the contrary notwithstanding and Whereas several lands and Tenements in the County of Tipperary heretofore in the possession of Erasmus Smith upon the Seaventh day of May One thousand six hundred fifty and nine and claimed by him as an Adventurer according to the rules of His Majesties late Gracious Declaration and the said former Act were after the said Declaration and before the passing of the said Act granted by His Majesties Letters Patents unto Sir John Stephens and his Heirs as lands concealed which grant nevertheless might at any time by the rules of the said former Act have been revoked by His Majestie if His Majestie had not been pleased since the passing of the said Act to release his power of Revocation by reason whereof great suits and controversies are likely to arise between the said Erasmus Smith and the said Sir John Stephens and such as do or may hereafter claim under them respectively to the end therefore that speedy right and justice may be done and the said controversies appeased and determined Be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall examine the right and title of the said Erasmus Smith and of the said Sir John Stephens in and to the said lands and Tenements and if they shall find that the said Erasmus Smith or those under whom he claims were on the Seaventh of May One thousand six hundred fifty and nine seized or possest of all or any the said lands as an Adventurer or Adventurers or as the Heir or Assignee of any Aduenturer then they shall forthwith restore the possession to the said Erasmus Smith to be held by him and his Heirs and Assignes in like manner and proportion as other Adventurers ought to enjoy their several and respective proportions according to this Act in which case the said Erasmus Smith is hereby enabled to sue for and recover the Measne profit thereof received but if they shall find the said lands to have been held by the said Erasmus Smith without any such title as aforesaid and that the same were concealed from his Majestie at the time of the passing of the said Letters Patents then they shall adjudge the said lands or so much thereof as they shall find to be so concealed to Sir John Stephens and his Heirs to be held by him and his Heirs according to the tenor of his said Letters Patents and such judgement and Decree as the said Commissioners shall make touching the premisses shall be and is hereby made concluding to the said Erasmus Smith and the said Sir John Stephens their Heirs and Assignes any thing in the said Letters Patents or in the said former Act contained to the contrary notwithstanding And whereas William Mountgomery of Rosemound in the County of Down Esq did purchase of several persons certain Debentures which were due for service done in Ireland since the fifth of June One thousand six hundred forty and nine and placed the same in and upon the purchase of a part of his own Estate called or known by the name of the Mannor of Florida in the County aforesaid then set out or set a part by reason of or upon accompt of the said late Rebellion or warr since which time the said William Mountgomery hath by the Commissioners for the Execution of the said former Act been declared adjudged an innocent Protestant and thereupon the said Mannor of Florida together with the rest of the Estate of the said William Mountgomery hath been decreed unto him by reason whereof the Debentures so purchased and placed thereupon as aforesaid do remain wholy unsatisfied Be it therefore Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out or cause to be set out unto the said William Mountgomery so much forfeited Land as may be sufficient to satisfie the said Debentures in like manner and form and according to such Rates and proportions as any other like Debentures ought by the Rules of this Act to be satisfied as fully amply as any other purchaser or Assignee of the said Deventures ought to have been satisfied in case the same had been placed on the said Mannor so evicted or decreed as aforesaid And whereas in and by a certain Clause in the said former
estate did or might have received upon the sale of the lands in Connaght to which he or they were transplanted shall be paid unto the Receivers herein after constituted and appointed who shall account for and pay the same over unto Arthur Earl of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being And that the said Arthur Earl of Anglesey or the Vice-treasurer of Ireland for the time being shall thereout issue pay these several summs following That is to say To Morough Earl of Inchequin the full summ of Eight thousand pounds sterling as a marke of His Majesties favourable gracious consideration of the losses and sufferings of the said Earl To John Lord Berkeley the summ of four thousand pounds To Charles Lord Vice-count Fitz Harding Treasurer of His Majesties House-hold the summ of two thousand pounds To Henry Coventrey Esq Groom of His Majesties Bedehamber the summ of two thousand pounds To Colonel William Legg the like summ of two thousand pounds in full satisfaction of all the right and interest which they the said Henry Coventrey or William Legg can or may have of in or to any fractions of od aeres pounds shillings or pence in or by the said former Act reserved to His Majestie and by this present Act released and discharged as aforesaid To Colonel Edward Villiers the summ of One thousand pounds To Elizabeth Terrill Wife of Sir Tymothy Terrill the summ of three thousand pounds To Colonel Marmaduke Darcy the summ of three thousand pounds To Sir Connel Farrell the summ of two thousand pounds To Colonel Daniell Treswell Captain of His Majesties Guard of Battle Axes the summ of One thousand pounds Sir William Armorer the summ of five hundred pounds Nicholas Bayly Esq the summ of two thousand pounds Thomas Lynch the summ of One thousand pounds And if any more moneyes shall arise out of the premisses than will be sufficient to discharge the respective summs herein before mentioned the same shall remain in His Majesties Exchequer at Dublin to be further applyed and disposed as His Majestie being informed thereof shall direct and appoint And whereas the Towns and lands of Shamaclone Garons-Brury Garrane Lishanacone Ballifoukin Ballimoran Balliwillin in the Barony of Conello and County of Limerick and also fifteen hundred acres in Garundenny in the Barony of Slewmargye in the Queens County were allotted to Charles Lloyd Esq now Sir Charles Lloyd Baronet as an Adventurer for lands in Ireland the rents issues and profits of which lands have notwithstanding by Samuel Avery and other Adventurers been wrongfully received or in the hands of the Tenants of the said lands detained Be it therefore Enacted and it is Enacted by this present Parliament That the said Sir Charles Lloyd shall have receive and recover all and singular the rents issues and profits of the said lands remaining in the hands of the respective Tenants thereof or in the hands of their Executors or Administrators which have grown due since the lands were allotted as aforesaid any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding And it is here by further Enacted and ordained by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore Sir Richard Bellings Knight unto the present and actual possession of all and singular the Mannors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments interests conditions powers of Redemption right and title whatsoever in the said Kingdome of Ireland which Sir Henry Bellings Knight Grandfather to the said Sir Richard Bellings and Richard Bellings Father of the said Sir Richard Bellings 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 day of October One thousand six hundred forty one and that from and after such Restitution as aforesaid the same shall be granted by Letters Patents and settled upon and confirmed unto the said Sir Richard Bellings the Grandsonn and his Heirs and Assignes for ever This present or any other Act Ordinances Order Vtlary Attainder Record or any other matter cause or thing to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That John Lord Kingston shall hold and enjoy to him and his Heirs for ever all and every the Lands Tenements and Hereditaments in the said former Act ratified and confirmed unto him and all other the benefits and advantages of the said Act the Lands Decreed away by the Commissioners and the full benefit of reprizals and the Lands herein granted or confirmed unto Charles Lord Vice-count Fitz Harding formerly granted to Charles late Lord Vice-count Fitz Harding Earl of Falmouth onely excepted as fully and amply and with the like Confirmations Privileges Immunities and exemptions as any adventurer or Souldier by this or the said former Act may or ought to hold and enjoy any of the Lands whereof they or any of them respectively were possessed the Seaventh day of May One thousand six hundred fifty nine and as if the several clauses and provisoes in the said former Act on that behalf had been in this Act particularly recited and Enacted and shall also have hold and enjoy to him and his Heirs for ever all and every the Towns Lands Tenements and Hereditaments given granted and confirmed or mentioned to be given granted and confirmed unto him in and by His Majesties Letters Patents under the Great Seal of England bearing date at Westminster the five and twentieth day of January in the sixteenth year of His Majesties Raign And that the said Letters Patents and all clauses and things therein contained shall be and are hereby ratified and confirmed and shall be taken most beneficially to and on the behalf of him the said Lord Kingston his Heirs and Assignes according to the tenor and purport thereof to all intents and purposes and as if the same Letters Patents and every clause therein had been in this Act fully and at large recited and particularly Enacted but in case the Lands in the said Letters Patents mentioned which shall be possessed and enjoyed by the said Lord Kingston and not recovered or granted away from him by this or the said former Act shall exceed the present cleer yearly rent of Seaven hundred pounds and two full third parts of all the Lands recovered against him the said Lord Kingston by any Decrees herein confirmed then such overplus shall be reconveyed to such as the Commissioners for Execution of this Act shall appoint And be it also Enacted in case the said Lands shall not be sufficient That then the Commissioners or such person or persons as are or shall be appointed for Execution of this Act doe and shall forthwith cause to be set out and delivered unto him the said
and appropriate tithes And shall also with all convenient Speed restore the whole residue of the said lands and Tenements impropriations and appropriate tithes excepted unto the said Lord Dunsany and his Heirs the respective Adventurers or Souldiers their Heirs or Assignes 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 Lord Baron of Dunsany shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored any thing in this or the former Act contained to the contrary notwithstanding And whereas one thousand Acres of forfeited lands in the Barony of Slane were heretofore set out in satisfaction of an Adventure of six hundred pounds advanced by Sir William Massam Baronet Deceased and as is alleaged was possessed accordingly until about Michaelmas in the year One thousand six hundred fifty eight at which time the said Sir William Massam being Dead and the interest in the said Adventure being come unto Elizabeth Massam the widow and relict of William Massam Esq Sonn and Heir of the said Sir William and then Deceased also Sir Robert Forth Knight pretending some interest in the said lands got possession thereof by an execution or executions issued upon a Iudgement or Iudgements in an action of Ejectment being as is alleaged Surreptitiously obtained without any due notice or legal proceedings the said Elizabeth by reason thereof having no possession upon the Seaventh of May One thousand six hundred fifty nine could claim no benefit of confirmation by the said sormer Act and it is much to be doubted whether she could demand any satisfaction as a deficient Adventurer the Lot being once set out and enjoyed for remedy hereof Be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith examine the truth of the Allegations aforesaid and if they shall find the possession of the premisses to have been wrongfully taken from the said Elizabeth Massam they shall cause the said Elizabeth Massam to be put into possession thereof And the said Elizabeth Massam shall hold the same to her and her Heirs as fully as any other Adventurer by this Act ought to do until the Commissioners for execution of this Act shall set out and allot to her and her Heirs so much thereof as they shall adjudge to amount to her proportion And if the said Commissioners shall find the said Sir Robert Forths title to possess the said lands to be good and valid then they shall set forth such satisfaction of land for the said Adventure as shall be according to the rules and proportions limited for other Adventurers by this Act And Letters Patents shall be thereof granted to the said Elizabeth and the said Elizabeth shall enjoy the same to her and her Heirs and Assignes accordingly any thing in this or the former Act to the contrary notwithstanding And whereas Captain John Wakeham and Lieutenant Richard Wakeham were seized or possessed before the Seaventh of May One thousand six hundred fifty nine of certain lands set out to them in satisfaction of their arrears and were thereof put out and dispossest before the said Seaventh of May by virtue of an extent Be it therefore Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot to the said John Wakeham and Richard Wakeham their Heirs and Assignes so much forfeited and undisposed land as may be equal in quantity of Acres unto two full third parts of the lands whereof they were so possest as fully and amply as if they had been thereof possest upon the Seaventh of May One thousand six hundred fifty nine any thing in this or the 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 restore unto James Reynold of Loghscurr in the County of Letrim Esq and his Heirs the possession of all and singular the lands Tenements and Hereditaments which the Father of the said James Reynolds or any other person to his use or in trust for him were seized or possessed upon 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 or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be to them by the rules of this Act And from and after such restitution so made as aforesaid the said James Reynolds shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored any thing in this or the former Act contained to the contrary notwithstanding And be it further explained and Enacted by the Authority aforesaid That nothing in this or the said former Act contained shall any way extend to Barr any right or title of Escheat which his Majestie hath unto the lands Tenements and Hereditaments of Con O Rourk in the County of Letrim lately Deceased without Heirs and which is found by Inquisition now remaining upon Record in his Majesties High-court of Chancery But that his Majesties right and title thereunto by Escheat as aforesaid be fully saved and preserved unto his Majestie his Heirs and Successors any seizure or sequestration of the premisses or any part thereof upon the account of the said late Rebellion or Warr or any other matter or thing in this or the 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 out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Mary Coghlan widow the relict of Terence Coghlan of Kilcolgan in the Kings County Esq Deceased so much land as shall be of like yearly value as the lands which she the said Mary Coghlan formerly held or ought to have held for her joincture to be held and enjoyed by the said Mary Coghlan during her life any thing herein before contained 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 after all the English interests herein provided for shall be satisfied set out and allot unto Anne Lady Dowager of Slane so much lands as shall be of like yearly value as the lands she formerly held or ought to have held for her joincture as widow and relict of the Lord Delvin her former husband to be held and enjoyed by the said Lady Dowager of Slane during her life any thing herein before contained
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
Lord Lieutenant or other Chief Governour or Gobernours of Ireland and Council there that the said Sir Edward Fitz Harris hath committed any Massacre Murther or other such like Heynous Crime or cruelty upon the persons of any of his Majesties good Subjects shall prove the same by such witnesses or other evidence as the said Lord Lieutenant or other Chief Governour or Governours and Council there shall think good proof that then and in such case it shall and may be lawfull to and for the said Lord Lieutenant or other Chief Governour or Governours and Council there by order of the Council to declare and adjudge him the said Sir Edward Fitz Harris to be guilty of the Crime or cruelty so alleaged and proved as aforesaid and upon such declaration and judgement the said Sir Edward Fitz Harris and his Heirs shall be and are hereby made incapable of any benefit or advantage in and by this present Act given or of any restitution as aforesaid but shall remain and be to all intents and purposes in the same plight and condition as he or they would have been if the said Sir Edward Fitz Harris had not been named in this present Act Any thing herein before contained to the contrary in any wise notwithstanding And it is further Enacted That all and every the Adventurers Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty and nine their Heirs and Assigns who are to be removed to make way for the restitution of the four and fifty persons herein before named or any of them shall be first satisfied by some other forfeited lands to be set out and allotted to them by the Commissioners for execution of this Act equal in value worth and purchase to the Messuages Lands Tenements and Hereditaments from whence they are to be removed and all and every the Protestant Purchasors in Conaght and Clare shall be first satisfied by an allotment of land equal in value unto the lands from whence they are to be removed And be it further Enacted and declared by the Authority aforesaid That where any person or persons now in the possession of any Messuages Lands Tenements or Herements ought to be reprized for the same and after reprizals first set out to be removed from thence to make way for the restitution of any of the fifty four persons herein before named their Heirs or Assigns or for the restitution of any other person or persons herein before or after mentioned who by the Rules of this Act is made restorable after previous reprizals that there and in such case it shall and may be lawful to and for all and every the person or persons so as aforesaid appointed to be removed to have receive and keep the rents issues and profits of all and singular the Messuages Lands Tenements and Hereditaments whereof they are now in possession to their own use and behoof without any accompt to be therefore made or rendred until the Commissioners for execution of this Act shall have set out and allotted unto the person or persons so as aforesaid appointed to be removed such forfeited lands by way of reprizal as they shall adjudge to be due to them by the rules of this Act And all and every person and persons who after reprizals set out and allotted by the Commissioners shall refuse to accept of such reprizalls and shall detain and keep the possession of the lands from which they ought to be removed shall account for and pay unto the person who ought to be restored all the Rents and profits received from the time of setting out such reprizalls untill the restorable person shall be put into actual possession of the same any thing here in before or after contained to the contrary notwithstanding And be it further Enacted That all and every the Leases which have been made Bonâ Fide of any the lands or Tenements which by virtue of any clause in this Act are to be restored shall be held and enjoyed by the several and respective Tenants during their respective Leases they paying the Rents and services thereupon reserved and performing the covenants and agreements therein contained unto the person or persons to whom the Reversion thereof shall appertain but if such Leases have been made in consideration of a fine paid and by reason thereof a Lesser Rent hath been reserved than otherwise the premisses were worth to be let then the person to be removed shall pay or cause to be paid unto the person to be restored the said fine and shall be satisfied for such fine so paid by such an allotment of so much other forfeited lands as after the rate of eight years purchase may be Equivalent thereunto And it is further declared That no Restitution made unto any of the persons herein before named The Restitution of Francis Lord Bermingham Baron of Atthunry excepted shall any way extend to alter or diminish the right which the Officers who served before the fifth of June One thousand six hundred forty and nine can or may claim by virtue of this or the said former Act to the benefit arising from the Redemption of Mortgages Statutes Staple and Iudgements which do or may incumber the premisses so to be restored Nevertheless the four and fifty persons so as aforesaid to be restored their Heirs and Assignes The Lord Bermingham excepted shall have full power and Authority at any time within the space of two years next after the Royall assent to this Bill given to Redeem all and every the Mortgages Statutes and Iudgements which have been entred into by any forfeiting person or person not decreed innocent and do incumber the premisses so as the moneys thereupon due and owing for such part of the incumbrances as are within the security set a part for the Commissioned Officers who served before the fifth of June One thousand six hundred forty and nine be paid and satisfied unto their use the payment whereof shall be and is hereby declared a sufficient discharge of such incumbrance and no possession is to be delivered of the premisses untill the respective forfeited Incumbrances thereupon lying be paid and satisfied as aforesaid And all and every the Mortgages Statutes and Iudgements which have been entred into to any forfeiting person or person not declared innocent and do incumber the premisses or any part thereof herein before appointed to be restored unto the said Francis Lord Bermingham Baron of Atthunry shall be and are hereby released barred discharged and extinguished And the Commissioners for Execution of this Act are to set out so much other forfeited land as may be sufficient to satisfie the Officers who served before June One thousand six hundred forty nine for the several forfeited Incumbrances within their security and extinguished as aforesaid And to the end that the Protestants who upon or since the Seaventh of May One thousand six hundred fifty nine have been in the actual possession of any
to the payment of such further Quit-rents as any other lands within the same County or Province are Subject unto And the Commissioners for Execution of this Act are hereby required with all convenient Speed to set out and allot unto all and every the Adventurers and Souldiers their Heirs and Assignes who shall be dispossessed by the restitution of the said Marquess so much other forfeited land as may be sufficient to reprize and satisfie the persons so to be removed for their several and respective two full third parts which will be due to them by the rules of this Act And for the better enabling the said Marquess of Antrim to pay his Debts when he shall be restored by sale of land or otherwise which cannot well be done unless the Reversion or remainder in Fee expectant upon the said estate Tayle be taken out of the Crown It is therefore Enacted by the Authority aforesaid That all and singular the lands and Tenements so as aforesaid appointed to be restored And all and every the reversion and reversions remainder and remainders thereof shall be and are hereby vested and settled in Alexander MacDonnell Brother of the said Marquess and his Heirs as a remainder in Fee expectant upon the Death of the said Marquess without issue male Provided alwayes and it is hereby Enacted that no fine recovery or other Act or thing whatsoever to be done or suffered by the said Marquess other than Leases for one and forty years or three lives in possession and not in reversion whereupon the Highest improved Rent which the same were let for in the year One thousand six hundred thirty and five shall be reserved touching or concerning any the Messuages lands Tenements or Hereditaments situat lying within the Barony of Donluce in the County of Antrim shall any way extend to Barr discontinue defeat or incumber the remainder thereof intended by this Act to be settled upon the said Alexander but that the said messuages lands Tenements and Hereditaments in the Barony of Donluce in the County of Antrim shall after the Death of the said Marquess without issue male of his Body remain and be in the said Alexander Mac Donnel and his Heirs Any such Fine Recovery or other Act or thing done or suffered to the contrary notwithstanding Nevertheless it is hereby declared That as to all other the Lands and Tenements so as aforesaid to be restored it shall and may be lawful to and for the said Marquess by Fine Recovery or any other way be shall think fit to bar discontinue defeat or incumber the remainder thereof so limited and settled as aforesaid Provided always and it is Enacted That nothing herein contained shall any way extend to restore the said Marquess of Antrim to the possession of any Lands which he the said Marquess or his father did heretofore grant or convey in Fee Farm to any forfeiting person or persons not declared innocent or to the possession of any lands whereof he the said Marquess or His Father did make any Lease for lives or years to any forfeiting person or person not declared innocent during the lawful continuance of such Lease but that the Lands so granted in Fee Farm or Demised as aforesaid shall be put into the possession of such person and persons for and towards the satisfaction of their two third parts as would have been intitled to the same if the said Decree had not been made nor the said Marquess hereby restored Any thing herein before contained to the contrary notwithstanding saving to the said Marquess and his heirs the Rents and Services due and to be due for the premisses Provided also That nothing herein contained shall any way extend to bar or hinder Rose Lady Marquess of Antrim of her Right and Title of Dower of in or to any the Lands Tenements or Hereditaments so as aforesaid to be restored but that it shall and may be lawful to and for the said Lady Marquess after the death of the said Lord Marquess her husband to sue for and recover her Dower of the said Lands and Tenements Any thing in this or the 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 and without staying for any previous Reprizal set out restore and allot or cause to be set out restored and allotted unto the said Alexander Mac Donnel and his Heirs all and singular the Lands Tenements and Hereditaments in the Barony of Glanarm in the County of Antrim which were settled or intended to be settled upon him the said Alexander Mac Donnel by his late father and all other the Estate Right Title and Interest whereof he the said Alexander Mac Donnel or any other in trust for him was seized or possessed upon the two and twentieth day of October One thousand six hundred forty and one Impropriations and appropriate tythes excepted subject to the debts and Incumbrances of him the said Alexander Mac Donnel and such other debts as were thereupon charged by the Father of the said Alexander and lyable to a proportionable part of the Rent-charge granted to Alice Countess of Antrim and to such Quit-Rents as by this Act are payable for lands in the same Province Any thing in this or the said former Act contained to the contrary notwithstanding And to prevent all Riots or Disturbances which may happen in taking or keeping possession of the premisses before the final settlement thereof It is further Declared That so much of the premisses hereby intended to be restored to the said Marquess whereof the said Marquess by himself or his Vnder-tenants was in possession upon the first of July One thousand six hundred sixty and five shall remain and continue in his and their possession until restitution be thereof made by the Commissioners as aforesaid And that the Adventures and Souldiers their Heirs and Assigns may retain so much of the premisses hereby intended to be restored to the said Marquess and the said Alexander Mac Donnel whereof they were in in possession the said first of July One thousand six hundred sixty five until restitution be thereof made by the said Commissioners as aforesaid And that Alexander mac Donnel may enter upon all the premisses hereby intended to be restored to him which are not in possession of Adventurers or Souldiers their Heirs or Assigns and the same to retain and keep in his possession until restitution thereof be made by the Commissioners as aforesaid And be it further Enacted by the Authority aforesaid That the Mannor of Edenduffcarick and all other the Lands Tenements and Hereditaments in the Baronies of Toom and Antrim which were given and bequeathed to Rose Lady Marquess of Antrim by the last Will and Testament of Sir Henry O Neile her deceased Father shall be held and enjoyed by the said Lady Marquess and her Heirs Any Prosecution had against the said Lord Marquess her Husband or any other matter
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
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
and Assigns for ever To his and their use and uses without any accompt to be given for the same to His Majestie His Heirs or Successors as by the tenor of the said Letter more at large may appear since which time the said Charles late Vice-Count Muskry hath ended his long continued Services by the loss of his life in the late expedition at Sea against the Hollander His Majestie is therefore graciously pleased pursuant to His said former Royal intentions That it be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot unto Charles-James Mac Carthy now Vice-Count Muskry Son and Heir to the said Charles Vice-Count Muskry all the forfeited lands in the said Barony not set out formerly to Adventurers and Souldiers nor restored to the former Proprietors And that the said Commissioners shall quiet and establish the said Charles-James Vice-Count Muskry in the possession thereof which he is to hold possess and enjoy to him and the heirs males of his body and for want of such issue the Remainder to the said Donogh Earl of Clancarty and the heirs males of his body begotten the Remainder in Fee to the right heirs of the said Earl Any thing in this Act or the said former Act to the contrary notwithstanding And that Certificates be thereof granted in order to the passing of Letters Patents Provided nevertheless That the said Donogh Earl of Clancarty Grandfather to the said Charles-James now Vice-Count Muskry or the now Countess of Clancarty if she survive the said Earl may by way of Lease for years of any part of the premisses or by grant of a Rent-charge for years out of the premisses or or otherwise as to him the said Donogh or to her the said Countess if she survive shall seem meet afford such relief out of the premisses to the former Proprietors thereof as he or she shall finde do best merit the same And what he or she shall do therein is hereby allowed of and made good and valid in Law And whereas Sir Philip Percival Knight Deceased for and on the behalf of of Thomas late Earl of Strafford and Sir George Radcliffe Knight Deceased and their Heirs in or about the year One thousand six hundred thirty and six did contract and agree with Teige O Connor Sligoe Vncle and Heir in taile to Donogh O Connor Sligoe then lately Deceased and also with Edmond Mac Iordan and Dorothy his Wife sole Sister and Heir General to the said Donogh for divers Lordships Mannors Castles Lands Tenements and Hereditaments in the County of Sligoe being formerly the estate of the said Donogh O Connor Sligoe whereupon several summs of money were paid disbursed and secured to be paid by the said Sir Philip Percival to the said Teige O Connor Edmond Mac Iordan and Dorothy his Wife and to some other person or persons by their or some of their consent direction or appointment for the freeing discharging and disingaging the said premisses of or from some mortgages Leases or Incumbrances thereupon or some of them but no legal conveyance were or could then be made or perfected to him the said Sir Philip Percival by reason of the Grand Office then lately found in the Province of Connaght whereby his Majestie was intitled to the said lands amongst divers others in the said Province Be it therefore further Enacted by the Authority aforesaid That all and singular the said Lordships Mannors Castles Lands Tenements and Hereditaments with the appurtenances formerly belonging to the said Donogh O Connor Sligo and the said Teige O Connor Sligo or to either of them shall be and are hereby settled upon William Earl of Strafford Sonn and Heir of the said Thomas Earl of Strafford and Thomas Radcliffe Esq Sonn and heir of the said Sir George Radcliffe and their heirs under the Rents and services due and payable thereout to his Majestie in the year One thousand six hundred forty one And that they the said William Earl of Strafford and Thomas Radcliffe and their heirs be forthwith settled in the possession of all and singular the said Lordships Mannors Castles Lands Tenements and hereditaments by the Commissioners appointed or to be appointed for the Execution of this Act any thing in the aforesaid Act or in this Act contained to the contrary in any wise notwithstanding And be it further Enacted that all depositions and examinations of witnesses that have been taken in a cause lately depending before the Lord Lieutenant and Council of Ireland between the said William Earl of Strafford and Thomas Radcliffe Esq and Sir John Percival plaintiffs against Martin O Connor Grandsonn and heir to Teige O Connor Sligoe Esq Deceased Richard Lord Baron of Coloony and others defendants shall and may be read and made use of as good proof for all such lands Tenements and hereditaments as by the said Depositions have been proved to be part of the said Donogh O Conners estate And be it further Enacted by the Authority aforesaid That the said William Earl of Strafford and Thomas Radcliffe or either of them their heirs or Assignes shall within six monthes time after the passing of this Act pay or cause to be paid all such summ or summs of money as shall within the time of the said six monthes be made appear to be iustly due from the said Teige O Conner Sligoe Edmond Mac Jordan and Dorothy his Wife Sir Philip Percival Thomas late Earl of Strafford and Sir George Radcliffe or any of them their heirs or Assignes of any of them and not by them or some of them allready paid for and towards the purchasing and buying off of any of the said Mortgages Leases or Incumbrances which were upon the estate of the said Donogh O Conner at the time of the said contract made as aforesaid which summ or summs of money so made appear to be due as aforesaid from the said Teige O Conner Edmond Mac Jordan and Dorothy his Wife Sir Philip Percival Thomas late Earl of Strafford and Sir George Radcliffe their heirs or Assignes or any of them or by them or any of them deposited in the Clerk of the Councils hands in Order to the buying off of any of the said Mortgages Leases or incumbrances shall be and are hereby vested in and made payable unto his Majestie his Heirs and Successors to be disposed of by his Majestie as by his Signet and Sign manual he shall declare and appoint Saving and excepting hereour such summ and summs of money as shall appear to be justly and legally due by one Mortgage upon part of the said estate made by the said Donogh O Conner to certain Feoffees to the use of the children of Sir Francis Blundell their heirs or Assignes Provided that the Adventurers Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and Souldiers who are now in possession of all or any the said lands or ought to have
of this Kingdom for the time being shall and may assess any sum not exceeding three pence per acre in and out of every acre of profitable land of Plantation measure which is by the late Court of Claims or shall be pursuant to this or the former Act decreed or confirmed or set out or delivered unto any person or persons of the Popish Religion in this Kingdom and the same to cause to be levyed by Distress or otherwise and to be paid unto the receivers herein after mentioned to the intent that Five thousand pounds be paid to Milo Power Esq his Executors Administrators and Assigns and that the residue may afterwards be issued out unto such of the Roman Catholicks of this Kingdom who as Agents or otherwise since His Majesties most happy restitution shall by the Lord Lieutenant or other chief Governour or Governours be judged meriting the same and that in such proportions as the said Lord Lieutenant or other Chief Governour or Governours shall think fit and direct Whereas Colonel Cary Dillon hath been dispossessed of Two thousand and six hundred and four acres of land whereof he was possessed the seventh of May One thousand six hundred fifty and nine as being set out unto him for service in Ireland and which were confirmed unto him by the said former Act amounting to Three hundred and fifty pounds per annum And whereas the late Lords Iustices had by their two Orders bearing date the eighteenth and nineteenth of July One thousand six hundred sixty and two assigned certain lands in the County of Galway unto the said Colonel Cary Dillon for his Reprizal of the whole and also for satisfying of him Three hundred and fifty pounds sterling which was one years rent of what he had lost grown due unto him from the time he had been dispossessed but the said Colonel Dillon received no benefit thereby Be it therefore Enacted by the Authority aforesaid That the Commissioners appointed to put in execution this Act shall forthwith set out and allot unto the said Colonel Cary Dillon his Heirs and Assignes for ever One thousand seven hundred thirty five acres of profitable forfeited lands of twenty one foot to the pearch being two third parts in quantity of what he hath already lost as a Souldier and that the same do in present yield two full third parts of Three hundred and fifty pounds per annum being the value of what he hath lost as aforesaid with as much convenience of building and other advantages thereon as they can in regard of the considerableness of the places and buildings from whence he is removed which shall be granted unto him by like Letters Patents as any other Souldier by this Act are to have And if the said Commissioners shall think it necessary that a Commission be issued for the inquiry into the value of any Lands Castles Tenements or other Hereditaments in order to the setting out of the said Reprize the Chancellour or Keeper of the Great Seal for the time being are hereby required to issue the same Any thing in this Act or the said former Act to the contrary notwithstanding And whereas upon a solemn hearing before His Majestie at His Council Board in England upon a Petition exhibited by several Adventurers and Souldiers against Randall Lord Marquess of Antrim and against the Iudgement and Decree given by the major part of the late Commissioners for execution of the said former Act whereby the said Marquess was adjudged innocent His Majestie after much time spent in the examination of the case declared that he saw no cause why the said Marquess should be adjudged innocent much less that the Commissioners not at all considering the proofs which they heard against the said Marquess should lay the whole weight of their judgement upon His Majesties Certificate the said Certificate being onely to declare that the Marquess was imployed into Ireland to procure what Forces he could from thence to be transported into Scotland for his late Majesties service under the late Marquess of Montross To the end that the conversation of the said Marquess of Antrim in the Rebells quarters which was necessary for that service might not according to the letter of the former Act render him criminal if that had been the onely as it was the least objection against him And therefore His Majestie resolved that the said Marquess of Antrim should undergoe a new tryall to prevent which the said Marquess of Antrim by an humble Petition to His Majestie did acknowledge himself guilty and humbly besought His Majestie That he might be supported by his mercy as being not able to support himself by his own innocence Therefore His Majestie is pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the said Decree and all and every clause therein contained shall be and so is hereby declared to be null and void to all intents and purposes as if the same had never been had or made Nevertheless His Majestie Reflecting upon the many services heretofore performed by the said Marquess towards his Royall Father of Blessed Memory and some eminent services done by the said Marquess for his Majestie himself the said Marquess having besides assisting him with Arms and amunition when he was in the West furnished him with shipps to make his escape into forraign parts when his Armies were defeated in the West and considering that His Majesties mercy is by this Act extended to some who have as much Demerited Is graciously pleased that it may be further Enacted and be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizall set out restore and allot unto the said Marquess of Antrim or cause to be set out restored and allotted unto the said Marquess of Antrim all and singular the Honors Mannors Castles Messuages Lands Tenements and Hereditaments and all other the estate right title and interest whereof the said Randall Lord Marquess of Antrim or any other person in trust for him or to his use was seized or possessed on the two and twentieth of October One thousand six hundred forty and one the lands in the Barony of Glanarme herein after mentioned to be restored to Alexander Macdonell and also all impropriations and appropriat tithes excepted And that the said Marquess of Antrim shall hold and enjoy all and singular the lands Tenements and Hereditaments so restored unto him the said Marquess of Antrim except before excepted and the Heirs males of his Body begotten any thing in this or the said former Act contained to the contrary notwithstanding Subject nevertheless to such Debts and other Incumbrances as the same were or ought to have been Subject unto upon the said two and twentieth day of October One thousand six hundred forty one and to such Leases and estates thereof made for satisfaction of Creditors as are provided for in and by the said former Act and