February which shall be in the year of our Lord One thousand six hundred sixty six under the penalty following that is to say every person liable to the payment of any part of the said years Rents and making default and failing to pay the same by the space of twenty days 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 levied by Process out of His Majesties Court of Exchequer in like manner as any the Rents whereof the said Earl of Orrery and Lord Massereen were appointed Receivers by the said former Act might have been levied and if need so require like course is to be taken for the ascertaining of the value of lands charged with the said years rent and of returning the same into the Exchequer to remain and be a charge upon Record as in and by the said former Act in case of the said other rent therein secured was appointed And the said Receivers herein after appointed are to accompt for and pay unto Arthur Earle of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being all and every the summs of money by them to be received Nevertheless it is hereby declared and Enacted that all and every the summs of money formerly paid to the Earl of Orrery and Lord Vice-Count Massareen in pursuance of the said former Act shall be allowed to the person and persons so paying the same his and their Heirs Executors and Assignes in full discharge of so much of the rent payable by this Act as the moneyes so as aforesaid payd do or shall amount unto and the two half years rents payable to the said Earl of Orrery and Lord Vice-Count Massereen by any Adventurer or Souldier their Heirs Executors or Assignes by virtue of the said former Act shall be and are hereby from henceforth discharged And in case the monies to be raised as aforesaid shall fall short of the summ of three hundred thousand pounds then it shall and may be lawful to and for the Lord Lieutenant or other chief Governour and Council there for the time being to tax and assess upon all the lands in Ireland so much more money as together with what hath been before raised and allowed by virtue of this Act shall make up the full and just summ of three hundred thousand pounds sterling and to cause the same to be assessed distributed raised and levied by such wayes and means as they shall think fit observing therein all the equality and indifferency that can be And Arthur Earl of Anglesey Vice-treasurer of Ireland or the Vice-treasurer for the time being is hereby required and enjoyned to pay or cause to be payd out of the moneyes to be received as aforesaid unto the Kings Majestie the summ of fifty thousand pounds and also unto and amongst such Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and have not yet received any satisfaction in lands or money and amongst the Heirs Executors and Assigns of such Commissioned Officers and other persons intitled to be satisfied within their security such summs of money as the Commissioners for Execution of this Act having respect to the arreares already stated shall by any warrant under their hands and Seals or the hands and Seals of the Major part of them direct and appoint until the whole sum of One hundred thousand pounds shall be fully satisfied and payd and the warrant or warrants under the hands and Seals of the said Commissioners or the Major part of them together with the acquittance or acquittances of the party or parties who shall receive any money thereupon shall be unto the said Vice-treasurer a sufficient discharge for so much as the said acquittances extend unto which said One hundred thousand pounds so as aforesaid appointed to be payd is hereby declared to be in lieu and recompence of and in full satisfaction for the years rent payable out of the lands of those Souldiers who had lands set out for their arrears in the year One thousand six hundred fifty three and the year and halfs rent payable by those other Souldiers who had lands set out for their arrears in the years One thousand six hundred fifty five One thousand six hundred fifty six One thousand six hundred fifty seaven One thousand six hundred fifty eight One thousand six hundred fifty nine The payment of which said rents shall from henceforth cease and determine and the persons and estates there with charged or chargeable by the said former Act shall be and are hereby thereof for ever acquitted and discharged And whereas several clauses in His Majesties Gracious Declaration of the thirtieth of November in the twelfth year of his Raign and in the former Act do intitle His Grace James Duke of Ormond and the Lady Dutchess His Wife to great quantities of forfeited lands in the Counties of Catherlagh Galloway Waterford Dublin Kildare Meath Cork Kerry Kilkenny and Tipperary and other places and if the same were extended to the utmost would greatly obstruct and hinder the Settlement now intended Be it therefore Enacted by the Authority aforesaid That the full summ of fifty thousand pounds sterling be payd out of the moneyes aforesaid unto his said Grace James Duke of Ormond now Lord Lieutenant of Ireland His Executors Administrators or Assignes which the said Vice-treasurer is hereby required and enjoyned to pay or cause to be payd out of the moneyes aforesaid unto His said Grace or unto such other person or persons as His Grace shall appoint which is hereby declared to be in lieu and recompence of and in full satisfaction for all such forfeited and forfeitable estates titles interests claims or demands in or to any Mannors lands Tenements or Hereditaments mediately or immediately held as of any of the Mannors of the said Duke or the Lady Dutchess of Ormond His Wife or heretofore granted by His Grace or any of his Ancestors or by any of the Ancestors of the said Lady Dutchess in Fee Farm or Fee tail and of all and singular the statutes judgements Mortgages and other real securities for money given made acknowledged or entred into by any person or persons holding as aforesaid to any other forfeiting person or person not declared innocent to all which premises the said Duke and Dutchess respectively hy his Majesties said Declaration and by the said former Act are intitled and of all mean rates issues and profits thereof since incurred and now due to His Grace other than what is already received to his use for which he is hereby acquitted and of all and every the Reversions and Remainders which the said Duke or Dutchess now hath or have expectant upon the said forfeited and forfeitable Estates tail which Estates Interests and other the benefits and advantages herein before mentioned are intended and so are hereby declard to
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
imposed or appointed to be levyed And the said Receivers herein after mentioned are to pay the moneyes by them received from time to time unto Arthur Earl of Anglesey Vice-Treasurer of Ireland or unto the Vice-Treasurer of Ireland for the time being And the said Arthur Earl of Anglesey or the Vice-Treasurer of Ireland for the time being is hereby appointed to issue out and pay all and singular the monies which by virtue of this clause shall be received and paid in or otherwise levyed as aforesaid unto such Irish Papists Popish Recusants and Roman Catholicks as served under His Majesties Ensigns abroad and are particularly mentioned in the late Declaration and were seized of or intitled unto any Lands Tenements or Hereditaments upon the three and twentieth of October One thousand six hundred forty and one to which they are not yet restored and in such parts and proportions as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint And whereas in the said former Act it is provided That the sum sums of money which have been forfeited by any Adventurer or Adventurers by reason he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them according to the tenor of the Acts of Parliament of the seventeenth eighteenth of King Charles the first be are hereby vested and settled in His Majestie His Heirs Successors as in by the said Act more fully appeareth which forfeited subscriptions adventures or sums of money are commonly called by the name of lapsed money And whereas His Majestie for the better increasing of the stock of undisposed forfeited lands and to the end that more of the ancient and former Proprietors may come to be restored is graciously pleased to relinquish his satisfaction of the said lapsed money by or out of any forfeited lands to be therefore set out and to accept of the sum of Thirty thousand pounds sterling to be paid unto His Majestie in lieu and recompence thereof Be it therefore Enacted by the Authority aforesaid That His Majesties right and title in and to any forfeited lands in recompense of and satisfaction for the said lapsed moneys shall be and is hereby released and discharged and further that it shall and may be lawful to and for the Lord Lieutenant and other Chief Governour or Governours of Ireland and Council there for the time being to assess and impose upon all and every the Lands Tenements and Hereditaments which by virtue of this Act shall be restored or confirmed to any former Proprietors of the Popish Religion or granted to any the Roman Catholicks of Ireland such further and other sums as they shall think fit for the raising and levying of Thirty thousand pounds sterling in the most equal and indifferent way that may be to be paid unto the Receiver herein after mentioned by two even und equal payments the first payment thereof to begin upon the first day of May which shall be in the year of our Lord God One thousand six hundred sixty and six and the second day of payment to be upon the first day of November in the year of our Lord One thousand six hundred sixty and six and in case any person or persons lyable to the payment of any part of the said Thirty thousand pounds so as aforesaid to be assessed and imposed shall make default of payment by the space of one and twenty days next after any the days and times wherein the same ought to be paid then the person so making default shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid and the Vice-Treasurer of Ireland for the time being shall issue out and pay or cause to be issued out and paid unto Richard Stratford of London Gentleman his Executors Administrators and Assigns the sum of Three thousand pounds sterling and the residue thereof being Twenty seven thousand pounds and all other the forfeitures and penalties which shall be incurred for non payment of the said Thirty thousand pounds unto such person and persons and to and for such uses as the said lapsed moneys or the lands to be set out in satisfaction of the same were or ought to have been granted in pursuance of His Majesties several and respective Letters under His Royal Signet bearing date upon the tenth or eleventh or the twelfth day of February in the Fourteenth year of His Majesties Reign and in the year of our Lord One thousand six hundred sixty and two or by any other Letters under His Majesties Royal signet or by any Letters Patents to Roger Earl of Orrery or others Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all the customs duties and impositions of what nature or kind soever which are or shall be due for any goods wares or merchandize imported into or exported out of the ports and havens of Strangford and Ardlass or either of them or any the members thereof or Creekes thereunto belonging heretofore the inheritance of Wentworth late Earl of Kildare and by him sold unto His Majestie shall be and are hereby vested in the Kings Majestie and shall be held and enjoyed by His Majestie his Heirs and Successors any defect in the conveyance thereof to his Majestie or other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Capital messuage mills mannors towns and lands of Chappel-Izzard alias Izzod with all the rights members and appurtenances thereof heretofore conveyed or mentioned to be conveyed or contracted for by or in behalf of the Kings Majestie and agreed to be conveyed by Sir Maurice Eustace Knight late Lord Chancellor of Ireland unto the Kings Majestie and for which part of the purchase money hath been paid by the Kings Majestie unto the said Sir Maurice Eustace in his life time shall upon payment of the residue of the purchase money unto the lawfull Executors of him the said Sir Maurice Eustace be and is hereby vested in the Kings Majestie his Heirs and Successors and shall be held and enjoyed by his Majestie his Heirs and Successors against the said Sir Maurice Eustace and his heirs and all and every other person and persons claiming by from or under him them or any of them any defect in the conveyance or assurance of the premisses any thing in the said former Act or this present Act and any other matter or thing whatsoever to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot or cause to be set out and allotted unto Major John Neil so much of the undisposed and forfeited lands in the Barony of Barrymore in the County of Corke as may be sufficient to reprize
all singular claims and demands not particularly allowed and provided for in and by this present Act. And whereas some question or doubt hath arisen whether the Lands of any Officers or Souldiers were to be confirmed to them by the said Act unless they had been formerly and were of the Army at the time of the making your Majesties Declaration of the thirtieth of November one thousand six hundred and sixty Be it declared Enacted and Explained by the authority aforesaid that the word And used in that part of the said Act which relates to them shall be taken disjuncttively as if it had been or so that no such Officer or Souldier his Heirs or Assigns shall be excluded the benefit of the said Act or this present Act if he had been formerly of the Army and in Possession as aforesaid the seaventh day of May one thousand six hundred fifty nine though he were not of the Army the thirtieth of November one thousand six hundred and sixty or at any time since And to the end that the persons estates and interests of his Majesties Protestant Subjects of whom his Majestie ever had and still hath greatest care and consideration in the Settlement of this his Kingdom may be first provided for Be it further enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their and every of their Heirs Executors Administrators and Assigns respectively who upon the seaventh day of May One thousand six hundred fifty nine were seized or possessed of any Messuages Mannors Lands Tenements or Hereditaments for or towards the satisfaction of any Adventures or arrears which by the rules of this or the said former Act are allowed to be satisfied And all and every other the Adventurers commonly called deficient Adventurers whether they be deficient in whole or in part that is to say such Adventurers who never had any Lands set out to them in satisfaction of their Adventures or were never fully satisfied for the same And the Heirs Executors Administrators and Assigns of such Adventurers respectively shall have hold and enjoy and be setled and confirmed in so much of the forfeited Lands which by this Act are vested in His Majestie as will amount to two full third parts of what they or those under whom they claim had or in cases of deficiencie ought to have had upon the Seaventh of May One thousand six hundred fifty nine in manner following That is to say The Commissioners for execution of this Act shall diligently examine and compute or cause to be computed what quantity of Land any such Adventurer or Souldier or the Heirs Executors Administrators or Assigns of such Adventurer or Souldier respectively had or were seized or possessed of on the Seaventh of May One thousand six hundred fifty nine or of right ought to have had and been seized and possessed of upon the Seaventh of May One thousand six hundred fifty nine in case he were a deficient Adventurer or the Heir Executor Administrator or Assignee of any deficient Adventurer And shall set out and allot or cause to be set out and allotted unto every such Adventurer and Souldier his and their respective Heirs Executors Administrators and Assigns so much forfeited land as in quantity of Irish profitable Acres to be computed by Irish measure according to the Down Survey or Down admeasurement and not otherwise where the Down Survey hath been taken and where the Down Survey hath not been taken by the Survey taken in the Earl of Straffords time or by some other Survey to be taken according to Irish measure wherein the unprofitable Land is to be cast in together with the profitable according to the method of the said Down Survey will amount unto full two third parts the whole in three parts being divided of what such person or persons to whom such allotment shall be made as aforesaid or those under whom they claim did hold and enjoy or in cases of deficiencie of right ought to have held and enjoyed upon the Seaventh of May One thousand six hundred fifty nine which said two third parts so as aforesaid to be allotted shall be held and enjoyed by the persons to whom such allotment shall be made according to the tenor of their several and respective Letters Patents herein after directed to be granted and in full satisfaction of any right claim or demand which by virtue of the said former Act can or may accrew for or in respect of any Adventures or arrears any retrenchment of a third part by this Act or other matter or thing in the said former Act contained to the contrary notwithstanding And in case any Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Connaght or Clare before the first of September One thousand six hundred sixty and three his or their Heirs Executors or Assigns shall be found to be in possession of any messuages Lands Tenements or Hereditaments which by virtue of any clause herein after following ought to be restored and delivered up to any person or persons herein after named the Commissioners for execution of this Act shall in the first place and before any such Restitution made cause so much other forfeited or vested Land to be set out as in quantitie of Acres will amount to full two third parts of the Land so as aforesaid to be restored and that the persons so to be removed be duly Possessed of and setled in his said two third parts according to the rules of this Act And the Commissioners for execution of this Act are hereby required and enjoyned to take care that the Estates and Interests of His Majesties Protestant Subjects in Ireland be setled with all convenient Speed and that such parts of this Act as have a rendencie thereunto be put in execution in the first place and before any other parts of this or the former Act which relate to other matters And to the end there may be as little change and alteration of Possessions as can consist with the ends and aimes of this present Act And that every persons improvements may be preserved unto him as much as is possible Be it further Enacted by the Authority aforesaid That where any Adventurer or Souldier or the Heir Executor assignee or assignes of any Adventurer or Souldier shall be found to have in his or their possession more Lands undecreed away than his or their full two third parts will amount to according to the aforesaid rules of distribution and allotment that in every such case it shall and may be lawful for him or them to continue possession of so much as the Commissioners shall adjudge his or their two full third parts to amount unto and to cut of the overplus at his or their own election in such manner as that the overplus relinquished or surrendred by him or them may be contiguous and as neer as may be within the same denomination
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
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
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
in a Schedule thereunto annexed for which the said Alexander Macdonnell John Moore Archibald Steward and John Trayleman or some of them were joyntly bound for the said Marquess and for their Counter security against those ingagements which said Lease of ninety nine years was in and by a Clause in the said former Act enacted to be of the effect and force in Law and no other as the same was before the making of the said Act and was also therein and thereby transferred from the said Leasees unto and vested and settled in Martin Noell then Esq now Sir Martin Noell Knight Thomas Carleton Citizen and Mercer of London and John Bradburne of the Middle Temple London Gentleman in trust to dispose the Rents and profits thereof towards the payment of all such Debts as were intended by the said Lease to be secured which Debts are yet but very ill secured in regard the said Marquess was but tenant in taile of the premisses at the time of the making of the said Lease and so still continues by reason whereof the said Lease will become of no force and effect in Law after the Death of the said Marquess nevertheless to the end that some more certain and lasting provision may be made for the payment of such Debts as were thereby intended to be secured in such proportions and upon such terms and conditions as are herein after mentioned Be it Enacted by the Authority aforesaid That the Reversion and Inheritance of all and singular the premisses shall be and hereby is vested and settled in Martin Noell Esq Sonn and Heir apparent of the said Sir Martin Noell George Blake and John Robinson of the City of London Esquires upon these trusts following that is to say if any person or persons their Executors Administrators or Assignes to whom any Debt is owing which was intended by that Lease to be secured will at any time before the nine and twentieth of September One thousand six hundred sixty seaven accept of one moyety or half of his or their principal money due and have interest for the said moyety from the time of such acceptance at the rate of ten pounds per centum in full satisfaction of his or their whole debt intended by the said Lease to be secured and shall declare his or their acceptance by writing under their hands and Seals to be acknowledged before the Lord Chancellor Master of the Rolls or any Master in Chancery either in England or Ireland and to be registred in the Rolls of either Kingdom and if the said Marquess shall happen to dye after such acceptance declared and before the said moyety of the principal money interest at the rate aforesaid be fully satisfied and paid then the said Trustees of the Reversion and inheritance of the premisses the survivor and survivors of them and the Heir of the survivor shall out of the Rents issues and profits thereof pay or cause to be paid the said Moyetie of the principal with interest as aforesaid or so much thereof as at the time of the said Marquesses Death shall be behind and unpaid And if the said Marquess or his Heirs shall at any time before the nine and twentieth of September Which shall be in the year of our Lord One thousand six hundred seaventy five pay or cause to be paid all and every such Creditors their Executors or Assignes who before the nine and twentieth of September One thousand six hundred sixty seaven shall compound as aforesaid their full composition money with interest as aforesaid then the Reversion and Inheritance of the premisses shall be and is hereby transferred unto and vested and settled in the said Marquess and his Heirs Nevertheless it is hereby declared and Enacted That no settlement of the Reversion and inheritance by this Act nor any fine Recovery or other Act or thing done or suffered or to be done or suffered by the said Trustees of the Reversion and inheritance of the premisses without the privity and consent of him the said Marquess shall any wayes extend or be construed to give any strength or continuance to the said lease for ninety nine years further than during the life of the said Marquess but that the said Lease from and after the Death of the said Marquess shall be and so hereby is declared to be fully determined both in Law and equity to all intents and purposes And it is further declared that no Creditor who shall refuse to come in and compound as aforesaid shall be admitted to have any benefit in or by the trust of the reversion and inheritance as aforesaid And where any Debts secured by the said Lease shall be compounded and agreed at one moyety of the principal with interest as aforesaid to the end that such composition may not availe or profit such other Creditors who shall refuse to compound as aforesaid It is further declared and Enacted That the other moyety of the said principal Debt with the interest thereof shall be and is hereby vested in and made payable to the said Marquess and that he the said Marquess shall have the like benefit for the payment and satisfaction thereof out of the Lease of ninety nine years as any other Creditor refusing to compound can or may have and the Trustees of the said Lease shall pay and satisfie the said Marquesses Executors and Administrators the other Moyety of the said Debt so compounded with the interest thereof equally and in like manner and proportion as the not compounding Creditor can or may be satisfied this Act or any other Law to the contrary notwithstanding And it is further Declared by the Authority aforesaid That the said Alexander MacDonnell John Moore Archibald Steward and John Trayleman Suerties for the said Marquess and counter secured by the said Lease for ninety nine years until the same was transferred as aforesaid and every of them their and every of their Heirs Executors and Administrators shall be and are hereby discharged of and from all actions suites executions and demands which can or may be had against them or any of them their or any of their Lands Tenements Goods or Chattells for or in respect of any of the said Debts intended by the said Lease to be secured as aforesaid His Majestie taking notice of the Barbarous and uncouth names by which most of the Towns and places in his Kingdom of Ireland are called which hath occasioned much damage to diverse of his good Subjects and are very troublesome in the use thereof and much Retards the reformation of that Kingdom for Remedy thereof is pleased that it be Enacted And be it Enacted by the Authority aforesaid That the Lord Lieutenant and Council shall and may advise of settle and direct in the passing of all Letters Patents in that Kingdom for the future how new and proper names more suitable to the English tongue may be inserted with an alias for all Towns Lands and places in that Kingdom that shall be granted by Letters Patents which new names shall thenceforth be the onely names to be used any Law Statute Custome or usage to the contrary notwithstanding FINIS