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
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
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
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
of Adventures or Arrears or of purchases made in Connaght or any restitution to any Lands Tenements or Hereditaments the Incumbents of the severall Parochial Churches excepted such Fees and no other as the Lord Lieutenant or other chief Governour and Governours of Ireland and Councill there shall think fit and appoint and that after the same Fees so as aforesaid ascertained like remedy shall be given for the recovery thereof as in and by the said former Act is provided any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That no Lease or Custodiam made or granted by the Kings Majestie unto Edward late Lord Bishop of Limerick now Lord Bishop of Corke Cloyne and Rosse or unto any other person or persons of any Lands Tenements or Hereditaments in the Baronie or Baronies of Conello and Pople-Bryan in the County of Limerick or either of them whereof William Barker Esq by himself his Agents or undertenants was in possession the seventh of May One thousand six hundred fifty nine shall any way prejudice the right Title Interest or Possession of the said William Barker of in or to the same but that it shall and may be lawful to and for the said William Barker his Heirs or Assignes to enter into and take possession of all and singular the said lands and Tenements in the said Baronies or either of them whereof he was so in possession not Decreed away by the Commissioners for Execution of the said former Act and the same to have hold and enjoy to him the said William Barker his Heirs and Assignes and that the said William Barker and his heirs shall have like priviledge and advantage in retaining the possession of the Premisses and in retrenching the third part thereof or placing such deficiencies thereupon as are satisfiable by the Rules of this Act as any Adventurer or Souldier ought to have and that the Commissioners for Execution of this Act shall proceed to give such certificates thereof in order to the passing of Letters Patents as may be necessary for the finall Settlement of him the said William Barker his Heirs and Assignes in lieu and satisfaction of his purchase of Gilbert Marshall in as full and ample manner as he the said William Barker his Heirs or Assignes might have held and enjoyed the same if he the said William Barker had still continued in possession and as if no such Lease or Custodiam had ever been made or granted subject nevertheless to such Quitrents Services and Payments as other Adventurers in the said County of Limerick ought to pay and with like benefits and advantages as other adventurers ought to have by this Act any thing in the said Custodiam or in a certain clause for confirmation of the Patent granted to John Lord Kingston herein mentioned or any other matter or thing in this or the said former Act contained to the contrary notwithstanding And whereas it was provided by the said former Act that every of the Adventurers whose estates were to be confirmed should pay such summ or summs of money as the Committee of Adventurers sitting at Grocers-Hall London or any five or more of them should appoint not exceeding two pence for every twenty shillings adventured towards defraying of such publique charges as would conduce to the Settlement of that interest And whereas the same is to be levyed upon such persons as shall make default by distress and sale of their Goods The generality of such persons making default not liveing in this Kingdom the said provision hath been hitherto rendred very much fruitless Be it therefore Enacted by the Authority aforesaid That for better answering of those ends and raising the said summs the several persons hereafter named viz. Sir Charles Lloyd Baronet Sir Stephen White William Barker Esq _____ Gower Esq _____ Ridge Esq _____ Lenthall Esq _____ Radcliffe Edward Smith Esq or the Major part of them or the Survivors or Survivor of them be and are hereby Authorized to be Treasurers of the said moneyes and shall and may by Order under their hands and Seals levy or cause to be levyed any summ or summs of Money that the said Committee of Adventurers or any seaven or more of them shall think fit and appoint upon all and every the Adventurers for lands in Ireland their lands Tenements and Hereditaments Lessees Tenants or Assignes by distress and Sale of their Goods rendering the overplus to the owners which said Lessees Tenants or Assignes shall be discharged of and may retain so much of their Rents in their hands as the said sum to be levyed shall amount unto such sum or sums of money so to be levyed not exceeding two pence for every twenty shillings originally paid and adventured and that shall be satisfied in lands in this Kingdom Provided alwayes that neither this nor any thing herein contained shall extend to charge any person or persons with any summ or summs of Money that hath been paid to any person or persons upon the account of the two pence in the pound in the said former Act granted but that such person or persons who received the same are to stand and be chargeable with and accountable unto the said Treasurers for all the Money by him or them received and the said Treasurers are to take care to imploy persons of integrity and trust for levying and collecting the said summs under very good security for whom they will answer and not to dispose of any summ or summs without order from the said Committee or any seaven or more of them to whom alone they are hereby made accountable And be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizal restore unto Sir Henry O Neil his Heirs and Assignes all and singular the lands Tenements and Hereditaments in the County of Antrim whereof the said Henry O Neil or any other person in trust for him or to his use were or ought to have been seized or possest upon the two and twentieth day of October One thousand six hundred forty one and that after such restitution in lieu and satisfaction thereof the said Commissioners do likewise with all convenient speed set out and allot or cause to be set out and allotted unto John Lord Vice-count Massareen his Heirs and Assignes so much other forfeited lands as may be of equal value worth and purchase to the lands so as aforesaid to be restored out of the lands in the County of Lowth or if there shall not be found sufficient in that County then out of other lands to be disposed of by this Act and that such further satisfaction be given the said Lord Massareen and his Heirs as is appointed by the said former Act and will stand with the rules of this Act so that the said lands may as neer as may be lye contiguous And that like effectual Letters Patents be
assigned shall be and are hereby vested in his Majestie his Heirs and Successors and discharged of the uses or trusts in this or the said former Act expressed any thing in this or the said former Act or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the fifty four persons herein after named That is to say The Earl of Westmeath the Lord Vice-count Ikerryn The Lord Baron of Dunboyne The Lord Baron of Trymletstown The Lord Baron of Upper-Ossory The Lord Bermingham Baron of Athunry Colonel Richard Butler Sir Richard Barnwell Baronet Sir Redmund Everard Baronet Sir Dermott O Shagnussey Knight Master Edmund Fitz Gerald of Balymalo Master Thomas Butler of Killcomell Master _____ Macnemarra of Crevagh Master David Power of Kibolane Master Donnogh O Callaghan of Clonmeen Master Barnard Talbott of Rathdown Conly Geoghegan of Donore who were mentioned amongst the thirty eight persons in his Majesties late Gracious Declaration and were restored after reprizalls set out and for whom no provision hath yet been made and also the Heirs of Sir Lucas Dillon Knight the Heirs of Sir Valentine Blake Baronet Sir Robert Talbott Knight Sir Richard Blake Knight Doctor Gerrard Fennell Geoffry Browne John Browne of the Neale John walsh Thomas Terrill Edmund Dillon Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourke of Derry-Maclaghney Thomas Arthur Esq Doctor in Physick Gerald Fleming of Castle-Fleming and Bartholemew Stackpoole Esquires who were also mentioned in the said former Act to be restored to their former estates as aforesaid and for whom no provision hath yet been made And also the Lord Baron of Brittas Master Tute Sonn to Andrew Boy Tute of Cullanmore in the County of Westmeath Esq Master _____ Walsh Heir of David Walsh of Bally-Beaghan in the County of Tipperary Esq Sir Edmund Bourke Baronet Sonn to Sir Vlick Bourke of Giusk in the County of Roscomon Baronet Deceased Sir Thomas Esmond Baronet Sir Lucas Dowdall Knight Sonn of Lawrence Dowdall of Athlumney in the County of Meath Esq Master _____ Walsh Heir of Walter Walsh of Castle Hoyle in the County of Kilkenny Esq Edward Wall of Ballinikill in the County of Catherlagh Esq Master _____ Butler Sonn of Theobald Butler Sonn of James Butler of Derry-Luscan in the County of Tipperary Esq James Tobyn of Killaghee in the County of Tipperary Esq Richard Butler of Ballinikill in the County of Tipperary Esq Philip Purcell of Ballyfoyle in the County of Kilkenny Esq Sir Edmund Fitz Gerald of Clanlish in the County of Limerick Baronet Peirce Walsh of Abbey Owhney in the County of Limerick Esq John Power of Doneile in the County of Waterford Esq Peirce Power of Money Largy in the County of Waterford Esquire William Brabazon the Heir of Anthony Brabazon of Balinaslo in the County of Roscomon Esq Daniel O Brien of Dnogh in the County of Clare Esq Lord Vice-count Iveagh Sir Edward Fitz Harris of Clogh-Notefoy in the County of Limerick Baronet John Cantwell of Mokarky in the County of Tipperary Esq and their Heirs and Assignes shall by the Commissioners for Execution of this Act be restored unto their severall and respective principall Seats That is to say unto their severall and respective principal Messuages Houses or Castles Kilmedan and the lands thereunto belonging excepted or in case they have severall Messuages Houses or Castles to such of their severall messuages Houses or Castles Kilmedan and the land thereunto belonging excepted as they shall respectively choose within two months after the first sitting of the Commissioners for Execution of this Act and unto two thousand acres of land thereunto adjoyning if they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their or any of their use were seized or possessed of so much upon the two and twentieth of October One thousand six hundred forty one and were thereunto lawfully and rightfully intitled And in case they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their use were not seized or possessed upon the two and twentieth of October One thousand six hundred forty one of two thousand acres as aforesaid then unto so much thereof as they were seized or possessed of as aforesaid and which lyes contiguous to their respective principall Seats and if any of the four and fifty Persons herein before named shall be found to be in possession of any messuage and lands thereunto adjoyning which to them or any of them did rightfully belong upon the said two and twentieth day of October One thousand six hundred forty one and the lands so possessed shall be found to exceed the quantity of two thousand acres it shall and may be lawfull to and for the Lord Lieutenant or other Cheif Governour or Governours of Ireland and Councill there for the time being to cause so much thereof as shall exceed the quantity of two thousand acres to be retrenched and cut off in such way and manner as they shall think fit and the land so retrencht shall remain and be vested in His Majestie to the end that the same may be further disposed to the uses of this Act And for the better support of such of the four and fifty Persons herein before named who shall not have two thousand acres near adjoyning and lying contiguous unto his and their respective Seats to which they are to be restored or having two thousand acres shall not be thought to be thereby sufficiently provided for It is further declared and Enacted That it shall and may be lawfull to and for the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there for the time being upon due consideration had of the several and respective cases and merits of the persons aforesaid to direct and appoint the Commissioners for Execution of this Act to set out and allot or cause to be set out and allotted unto any of the persons aforesaid or their Heirs so much of the forfeited lands which shall remain undisposed after the several Protestant interests herein before provided for shall be satisfied as the said Lord Lieutenant or other Chief Governour or Governours Council shall think fit Provided alwayes That nothing herein contained shall extend to restore or intitle the said Sir Thomas Esmond Baronet to the possession of any Messuages Mannors lands Tenements or Hereditaments whereof George Duke of Albemarle is now in possession by himself or his under-tenants or any wayes intitled thereunto but that the same shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assignes any thing herein before contained to the contrary in any wise notwithstanding Provided also That if any person or persons shall within the space of six monthes next after the Royal assent to this Bill actually given alleage before the
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
or thing in this or the said former Act contained to the contrary notwithstanding Whereas by a Decree of the late Court of Claims Patrick Coleclough was restored to an Estate in the County of Wexford in Remainder after the death of Dudley his Father part of which was by a clause in the said former Act vested in Robert Clayton John Morris in trust for Sir John Cutler and others in the said Act mentioned had before that time been purchased from Souldiers or other reprizable persons in order to the erecting of Iron workes which have since accordingly been erected and are of publicque benefit to this Nation the increase of His Majesties revenue if the said Decrees should remain in full force the said advantages might be lost for the preservation thereof It is therefore Enacted be it enacted by this Parliament that the said John Morris Robert Clayton shall may have hold enjoy such part of the lands contained in the said Patrick Colcloughs Decree as they were formerly seized of against the said Patrick and Dudley and their Heirs and against the said Decree made as aforesaid And it is further Enacted that in lieu and compensation thereof the said Patrick Colclough shall have the full benefit of the reprizall due to the said John Morris and Robert Clayton upon the said Decree And that untill the said reprizalls shall be set out that the said lands hereby settled on the said John Morris Robert Clayton shall be chargeable and are hereby charged with the annual Rent of One hundred pounds payable yearly on the first dayes of May and November and made lyable to the distress of the said Patrick upon non payment thereof at the said dayes of payment And that as soon as the said reprizalls shall be set out as aforesaid the said yearly Rent shall cease and absolutely determine And to the end that the said Iron workes may be kept up It is likewise Enacted that if the said former or ancient proprietor or his Heir of any the lands whereof the said John Morris and Robert Clayton are now seized in the said County of Wexford shall be or is by this Act restored to his estate then and in such case the said John Morris and Robert Clayton and their Heirs shall notwithstanding have hold and enjoy such part of the said former Proprietors estate as they now stand seized of And the said Proprietor for so much is elsewhere to be reprized any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding Whereas His Majestie by severall Letters Patents under His Great Seal of Ireland whereof one patent was dated the sixteenth February One thousand six hundred and sixty in the thirteenth year of His Majesties Raign the other dated the tenth day of July One thousand six hundred sixty and three in the fifteenth year of His Majesties Raign did amongst other things give grant and confirm or mentioned or intended to give grant and confirm unto Sir George Lane Knight and his Heirs all the Castles Mannors Houses lands Tenements and Hereditaments and other interest whatsoever which Philip Hore late of Kilsalchan attainted of High Treason was seized or possessed of at the time of his said attainder since which time two severall Decrees have been made in the late Court of Claimes in this kingdom to the prejudice of the said Grants one at the suite of the Sonn and Daughters of the said Philip Hore attainted for portions and the other at the suite of the Sonns of Philip Hore the younger Sonn to the said Philip attainted for severall remainders which Decrees were upon a petition exhibited to His Majestie by the said Sir George Lane questioned and on hearing of the cause it was ordered that the said Sir George Lane should be at liberty to impugne the said Decrees by any matter in fact or Law that he could object against them whereupon the said Philip Hore the younger who made defence in the said cause before His Majestie and the said Sir George Lane did mutually agree for avoiding of all future differences touching that matter that all the said estate and interest should be divided and a share thereof settled on the said Sir George Lane and his Heirs for quitting his whole pretense and right to that estate and the remain thereof settled on the said Philip Hore the younger and his Heirs for all his pretenses and the pretenses likewise of his Brothers Sisters and children to that estate which agreement the said parties did by their joint Petition humbly desire to be established by severall provisoes in this Act whereupon His Majesties was graciously pleased that it should be Enacted by the Authority aforesaid And it is hereby Enacted that the said severall Decrees be and are hereby made null and void as if there had never been any such And that the said Sir George Lane shall be and is hereby restored unto settled confirmed and established in the present and actual seizin and possession of the mannor Castle Town and lands of Kilsalchan with a wind-mill and six messuages containing by estimation three hundred acres of land be it more or less within the County of Dublin with a Court Leet and Court Baron to be held within the said Mannor of Kilsalchan the meadow called the Lords mead in the Feilds of Stradbally a messuage ten acres of land in Stradbally aforesaid in the Feilds thereof next adjoyning to the Lords mead aforesaid and all other the said Philip Hores lands in Stradbally aforesaid now or late in the tenure or possession of John Murphy John Quin and Walter Ryan or one of them one Messuage and forty acres of land with the appurtenances in Swords one Messuage and five acres of Land in Rolls Towns two Messuages one Pigeon House one hundred acres of land ten acres of meadow and ten acres of pasture with the appurtenances in Ardlaw nine Messuages nine Gardens and one hundred acres of land with the appurtenances in Stradbally commonly called Bealings Land in Stradbally the village Hamlet and Lands of Great Kingston with the appurtenances containing by estimation one Messuage and fourscore acres of land two houses with Gardens and a Park or Orchard commonly called Pond-Park to them belonging in Newstreet in the Suburbs of the City of Dublin one Close or Park commonly called Barries-Park without Bongans Gate all lying and being in the Parish of St. Nicholas Barony of Uppercross and County of Dublin fifty shillings yearly rent issuing out of the Mannor of Westpalstown nine pence chief rent out of the lands of Criuserath nine pence chief rent out of the lands of Knightfield and thirteen shillings and four pence chief rent out of Dowdes land Bealings land and Talbots land in Stradbally aforesaid the Town and lands of Paslockes-Town and Maces-Town in the aforesaid County the Town and lands of Kilmore in the Barony of Coolook and County aforesaid by virtue