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

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from time to time out of the ac●ruing Rents Issues Fines and Profits which shall come into the Receipt of your Majesties Exchequer for or by reason of the licencing or permitting the Sale of Wine Aqua-vitae or Strong-waters or any of them by Retail in this Kingdome pay or cause to be paid without further delay Order or Directions unto the said Sir James Shane his Executors Administrators or Assigns half yearly every Michaelmas and Easter the currant Interest of the said Eight thousand Pounds or so much thereof as shall remain unsatisfied the first payment of the said Interest money to be made at Michaelmas One thousand six hundred sixty two and that the said Sir James Shane his Heirs and Assigns shall have and enjoy the full benefit and advantage and effect of your Majesties Gracious Letters under your Royal Signet bearing date the Twenty fifth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto him his heirs and assigns in satisfaction of Adventures and other Interests according to the Rules of the said Declaration so far forth as the Lord Lieutenant or other chief Governour or Governours of this Kingdome for the time being shall judge the several matters and things therein contained to be consistent with your Majesties said Declaration excepting only what relates unto his said Estate in Irris any clause proviso sentence matter or thing whatsoever in this Act contained in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being by and with the consent of the Privy Council shall have full power and authority out of the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by virtue thereof to settle such a yearly allowance for ever not exceeding one Thousand Pounds Per Annum for the founding erecting and endowing of Hospitals and Work-houses for Souldiers maimed or wounded in the Service of Ireland and in case of deficiency of such persons then towards other publick and pious Vses in such manner and in such places as they shall think most equal and fit Provided also That whereas such Papists as by special Grace are restorable unto their Estates by this Act ought in some measure to manifest their gratitude unto Your Majesty for the Happiness and advantage which they enjoy by Your Majesties wonderful Restauration and thereby the better enable your Majesty to restore or satisfie divers persons who have suffered much in Your Majesties Service and for want of Reprizals may not be restored to their Estates Be it Enacted by the Authority aforesaid that it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being to charge for the use of Your Majesty the Estates of the persons so restorable not exceeding the proportions following viz. All Papists who took no lands in Connaught one half years value and such as took lands in Connaught one years value of the Estates unto which they are or shall respectively be restored what they shall be so charged with to be paid in the same manner and proportion as the respective sums payable by the Adventurers or Souldiers are made payable by this Act and that the same shall be paid unto the Receipt of his Majesties Exchequer to be disposed of for satisfying the said unrestored persons or for the buying and purchasing of Reprizes Adventures Arrears Incumbrances or other allowed Interest confirmed by this Act from such person or persons as shall be willing to sell their respective Rights thereunto whereby the Lands designed for Reprizals may the better hold out to answer the ends of Your Majesties said Declaration any thing in this Act notwithstanding Provided also and be it further Enacted by the Authority aforesaid That in case Reprizals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof cannot or shall not obtain or receive the full Benefit intended them then it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being and they are hereby authorized to order appoint and make distribution amongst them of the Satisfaction or Restitution allotted them in such proportions and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned nevertheless according to the Rules and Directions of the Declaration concerning them in all other points and particularly in that of previous Reprize or Reprizals which Order and Appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the Execution of this Act any thing therein contained to the contrary in any wise notwithstanding Provided always and be it hereby further Enacted That all such Castles Manors Lands Tenements and Hereditaments in the County of Sligo as have been purchased by Sir Philip Percivall Knight deceased or any other person or persons in trust for Thomas late Earl of Strafford and Sir George Ratcliffe Knight deceased or either of them and their Heirs or the Heirs of either of them and whereof they or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed at any time before the Three and Twentieth day of October One thousand Six hundred Forty one shall be and are hereby vested in his Majesty his Heirs and Successors and so remain and continue until the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Council there shall upon hearing of the said Purchasers their Heirs or Assigns and the Heirs and Assigns of the said late Earl of Strafford Sir George Ratcliffe and also upon hearing of the persons their heirs or assigns who sold the premisses or any part thereof declare and adjudge whether the same do belong to Sir Philip Percivall his heirs or assigns in trust for William Earl of Strafford and Thomas Ratcliffe or either of them or to any other person or persons his or their heirs or assigns of whom the same are pretended to be purchased as aforesaid which Declaration and Iudgement shall be as good and effectual in Law to all Intents and Purposes on behalf of the person or persons for whom the same shall be made as if the same had been particularly Enacted by these presents any Distribution or Allotment thereof during the late times of Vsurpation to any Adventurer or Souldier any defect of Conveyance or Assurance to the said Sir Philip Percivall or other the Trustees of the late Earl of Strafford and Sir George Ratcliffe any Right or Title in his Majesty by virtue of the Office or
and Interests as any other Letters Patents herein before mentioned to be Confirmed are subject unto Provided nevertheless That if his Majesty his Heirs or Successors or any of them shall think it fit or expedient for the better promoting of the Ends of the Declaration and Instructions and this present Act to revoke determine or make void all or any the said Letters Patents granted since the said Thirtieth day of November by vertue of any Warrants or Commands under his Majesties Signet or Sign Manual dated likewise since the said Thirtieth of November shall under the Great Seal of England or Ireland signifie or declare his or their Royal Will and Pleasure to revoke determine or make void them or any of them that then and immediately from and after such signification or Declaration of his or their Royal Will and Pleasure such and so many of the said Letters Patents as shall be therein Declared to be void shall cease and determine and become utterly void and of none effect and all and singular the Lands and Tenements in the said Letters Patents mentioned shall be again vested in his Majesty his Heirs and Successors for and to the same intent and purpose as the other lands hereby vested are vested and setled any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Declared and Enacted That where any Lands or Tenements shall be disposed of or any person or persons shall happen to be restored unto his or their Lands or Tenements by vertue of this present Act or by vertue of any Order Sentence or Decree made by the Commissioners for the execution thereof that then and in such case all and every the person and persons formerly seized or possessed of any the Lands or Tenements so as aforesaid restored or disposed of shall be and are hereby discharged and indemnified of and from all Suits Actions Prosecutions and Demands whatsoever touching or concerning the mean Rents Issues and Profits of the same this Act or any other Law Matter or Thing to the contrary notwithstanding Saving nevertheless unto all innocent persons their Heirs Executors and Assigns the Right and Title to the mean profits of their respective Lands and Tenements which have been received since the time of their several and respective Claims put in before the Commissioners heretofore appointed Provided alwayes and be it Enacted That the Forfeited Houses Lands Tenements and Hereditaments in the Town and County of Galway and elsewhere within the Province of Connaught now or late in the possession of Sir Thomas Clarges Knight or his Assigns shall remain and continue in his Majesty his Heirs and Successors to be disposed of as he or they shall think fit any thing in this Act contained to the contrary notwithstanding And be it futher Enacted by the Authority aforesaid That all and every the Adventurers their Heirs and Assigns respectively and all and every other person or persons having or claiming to have any Lands or Tenements for and towards satisfaction of moneyes adventured for Lands in Ireland or having or claiming to have as an Original Adventurer or by from or under any Adventurer his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty One full years value of the profits arising out of the lands possessed enjoyed or to be possessed or enjoyed as aforesaid to be paid at two several Payments within the space of two years by even equal payments the first payment thereof to be upon the first day of November which shall be in the year of Our Lord One thousand six hundred sixty two and the second day of payment to be upon the First day of November which shall be in the year of Our Lord one thousand six hundred sixty three And be it also Enacted by the Authority aforesaid That all and every the Souldiers their Heirs and Assigns respectively and all every other person or persons having or claiming to have any Lands or Tenements in Ireland for and towards satisfaction of any Arrears or Debentures or having or claiming to have as a Souldier or by from or under any Souldier his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty one full half years value of the profits arising out of the Lands possessed or enjoyed or to be possessed and enjoyed as aforesaid to be paid at one intire payment upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty two And if it shall happen that any Adventurer or Souldier or any other person claiming by from or under them or any of them shall make default of payment of all or any part of the said years value or half years value respectively herein before mentioned to be paid by the space of Twenty dayes after any of the said respective dayes or times wherein the same ought to be paid that then and immediately from and after such default made all and every the benefit and advantage which by vertue of this present Act doth or may accrue unto the person so making default his Heirs Executors or Assigns shall cease determine and be utterly void and of no effect and that it shall and may be lawful to proceed against such person and persons his Heirs Executors and Assigns and against his and their Lands and Tenements whereof he or they stand possessed as fully and amply as if he or they had not been comprized within this present Act any thing in this Act herein before contained to the contrary in any wise notwithstanding And to the end a due care may be had for the assessing and ascertaining the several and respective sums which ought to be paid by the Adventurers and Souldiers and those who claim by from or under them or any of them and likewise for the safe and orderly receipt collection thereof Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty at any time hereafter according to His good pleasure to issue out such other Commission and Commissions to be directed to such other persons not being any of the Commissioners for execution of the Declaration and Instructions and this present Act as his Majesty shall think fit which said other Commissioners so as aforesaid to be appointed or so many of them as in the said Commission or Commissions shall be directed shall have Power and Authority by vertue of this Act to impannel Iuries and examine Witnesses to administer Oathes to the parties concerned to cause the Lands to be viewed and surveyed and by al● or any of these wayes or by any other lawful way or means whatsoever to inquire into and inform themselves