Bodies Politick or Corporate to whom such Certificate shall be given shall during the Space of six Months next insuing the Date thereof diligently prosecute the having and obtaining Letters Patents accordingly but shall thereof be delayed and hindered by the Neglect of any Officer or Officers that then and in such Case the several and respective Persons Bodies Politick and Corporate to whom and in whose behalf such Certificate shall be given or granted shall hold and enjoy the several Mesâ—uages Mannors Lands Tenements and Hereditaments in the several and respective Certificates mentioned and allotted according to such Estate and under such Rent as are therein mentioned as fully and amply to all Intents and Purposes as if Letters Patents thereof had been granted and perfected according to the Directions in the said former Act any thing in this or the said former Act or any other Law Statute or Usage to the contrary notwithstanding And whereas by the Hardships and Oppressions introduced by the said Acts of Settlement and Explanation some ancient Proprietors who would have been restorable by the said Act of Repeal have been necessitated to accept of Leases for Life Lives or Years or Gifts in Tayl or other Conveyances of their own respective Estates and have contracted to pay some Rents Duties or other Reservations out of such their ancient Estates by which Acceptance of Leases or Gifts before-mentioned and by the said Agreements to pay Rents Duties or Reservations for the same the said ancient Proprietors may be barred or stopp'd and concluded from the Benefit of Restitution intended for ancient Proprietors by the said Act of Repeal Be it therefore enacted That the Acceptance of any such Lease or Leases Gift or Gifts in Tayl or any Agreement or Agreements upon any such Account for Payment of Rents Duties or any other Reservation for such their respective ancient Estate or Estates shall be no way prejudicial or binding or conclusive to any such ancient Proprietor or to his or their Heirs Executors or Administrators who have not actually by some legal ways or means released his or their Right to his or their said ancient Estates unto their said Leassors or Donors any thing herein or in the said Act of Repeal to the contrary notwithstanding Whereas some or most of the Lands to be given in Reprizals have not been surveyed by the Surveys commonly called the Down-Survey or Strafford-Survey and that a certain way is necessary to be prescribed for ascertaining the Quit-Rents now made payable thereout Be it therefore enacted by the Authority aforesaid That the Commissioners for the Execution of the said Act of Repeal or any three of them shall and may be impowered to ascertain such Quantities payable out of such Lands so to be given in Reprize and to that Purpose to issue Commissions for Valuations or Surveâ—s as they shall think fit and that such Surveys shall be made according to the Rules and Methods used for the Down-Survey wherein the unprofitable is to be thrown in with the profitable and where the Lands appear barren or the Quit-Rents by the said Act of Repeal proper or fit to be reduced it shall and may be lawful for them to reduce the same in which Case such reduced or reserved Quit-Rents shall be and is hereby the only Quit-Rent payable out of the said Lands if such Quit-Rents be more than the Crown-Rents before this Act payable out of the said Lands But in case the ancient Crown-Rent be more the greater Rent shall be the Rent reserved thereout Provided yet likewise that the Commissioners for the Execution of the said Act of Repeal or in Default of them the Barons of their Majesties Court of Exchequer within five Years after the first sitting of the Commissioners for the Execution of the said Act shall be and are hereby impowered to reduce the Quit-Rents by the said Act due and payable out of Lands by the said Act of Repeal to be restored or formerly restored to the former Proprietors thereof where the Lands are barren or of so small Value that the Quit-Rent doth amount to the fourth part of the Value of the Lands and may be Discouragement to the Plantation of the said Lands and that such ascertaining or abating of Quit-Rents under the Hands and Seals of the said Commissioners or Barons respectively shall be as good and effectual as if the same had been enacted by these Presents any thing herein or in the said Acts of Repeal contained to the contrary notwithstanding And be it further enacted That the Commissioners to be appointed for setling forth Reprizals pursuant to the said Act of Repeal or any three of them shall out of the Stock of Reprizals therein and in this present Act or in either of them mentioned set forth and allot Reprizals to such Person and Persons as by Virtue of this present Act are appointed to be reprized and shall and may also execute such other parts of this Act as are to be executed by Commissioners And whereas divers Lands Tenements and Hereditaments forfeited unto and vested in your Majesty are or may be found to be liable to divers Debts or other entire Payments saved by this Act and for levying and receiving the same the Person or Persons intitled thereunto might charge any part of the Lands Tenements or Hereditaments originally liable to the said Debts or Payments with more than a just Proportion thereof whereby some of the Persons to whom part of the said Lands Tenements or Hereditaments shall be allotted or granted in Reprizal may be overcharged in such Part or Proportion of the said Lands Tenements or Hereditaments as shall be so to him or them granted or allotted which may occasion great Prejudice and Loss to some of the said reprizable Persons if due Course be not taken for apportioning the said Debts and Payments For Remedy whereof Be it enacted by the Authority aforesaid That the Commissioners for Execution of the said Act of Repeal and this present Act or any three or more of them be and are hereby impowered and required equally to apportion such Debts and Payments as shall appear to them to be chargeable upon or levyable out of any Lands Tenements and Hereditaments to be set forth for Reprizals as aforesaid and to ascertain what Proportion of such Debts or Payments each and every Proportion of the Lands Tenements and Hereditaments which were originally liable thereunto and which shall be separately set forth for Reprizals as aforesaid shall remain liable to pay or discharge and the respective Grantees and every of them and their respective Proportions of the said Lands Tenements and Hereditaments to them allotted for Reprizals shall not be liable to any more of the said Debts or Payments than by the said Apportionment shall be appointed and directed which Proportion of the said Debts or Payments is to be inserted in the Certificate to be granted of the Lands liable thereunto if the Person or Persons obtaining such Certificate shall desire the
this Minister that he frequently both in his Proclamations and Acts of Parliament ascribes the saving of Ireland to him and assigned him above the value of 20 m. Pounds per Annum to support his new Title of Duke out of the forfeited Estates of Protestants most of them Condemned unheard on publick Fame only This Person therefore was the true Enemy of King James he drove his Master out of his Kingdoms he destroyed him by his pernicious Councils and the Kingdom of Ireland by his exorbitant and illegal Management and therefore he and such other wicked Councellors and Ministers are only answerable for all the Mischiefs that have sollow'd and it is much more reasonable the destruction should fall on them who were the Authors than on the Protestants against whom they design'd it APPENDIX AN ACT For the Attainder of divers Rebels and for preserving the Interest of Loyal Subjects HUMBLY beseech your Majesty the Commons in this present Parliament assembled That whereas a most horrid Invasion was made by your unnatural Enemy the Prince of Orange invited thereunto and assisted by many of your Majesty's rebellious and trayterous Subjects of your Majesty's Dominions and such their inviting and assisting made manifest by their perfidious deserting your Majesty's Service in which by your many Princely Obligations besides their natural Duties they were bounden and having likewise to obtain their wicked ends raised and levied open Rebellion and War in several places in this Kingdom and entered into Associations and met in Conventions in order to call in and set up the said Prince of Orange as well in Ulster and Connaught as in the other Provinces of Munster and Lienster To quell which your Sacred Majesty's late Deputy in this Kingdom Richard then Earl and now Duke of Tyrconnel before your Majesty's happy Arrival in this Kingdom and your Sacred Majesty since your Arrival here have been necessitated to raise an Army to your Majesty's great Charge and Expence And though the said Rebels and Traitors after their having the impudence to declare for the Prince and Princess of Orange against your Sacred Majesty were with all mildness and humanity called in to their Allegiance by Proclamations and Promises of Pardon for their past Offences and Protection for the future And though some of the said Proclamations assured Pardon to all such as should submit themselves and that no Persons were excepted in the last Proclamation besides very few not exceeding Ten in number and few or none of any note came in in obedience thereto and that very many of the Persons who came in upon Protections and took the Oath of Allegiance to your Majesty were afterwards found amongst the Rebels in open Arms and Hostility when taken Prisoners or killed such Protections being found with them So villanous were they by adding Perjury to their former Crimes That it may be Enacted and be it Enacted by your most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same that the Persons hereafter named being Persons who have notoriously joined in the said Rebellion and Invasion and some of which are upon Indictments condemned some executed for High Treason and the rest ran away or abscond or are now in the actual Service of the Prince of Orange against your Majesty and others kill'd in open Rebellion viz. Francis Marsh Lord Archbishop of Dublin James Butler Duke of Ormond Richard Boyle Earl of Cork Cary Dillon Earl of Roscomon William Earl of Strafford Edward Brabazon Earl of Meath John Earl of Mulgrave Vaughan Earl of Carberry William O Bryan Earl of Inchiquin Charles Coote Earl of Mountrath Henry Moor Earl of Drogheda Charles Talbot Earl of Waterford and Wexford Hugh Montgomery Earl of Mountalexander Richard Earl of Ranelagh Sidney Earl of Leicester Villers Viscount Grandison James Annesly Viscount Valentia and Earl of Anglesey George Viscount Castleton Sâ—udamore Viscount Sâ—udamore of Sligoe Luâ—bly Viscount Luâ—bly of Waterford Wenman Viscount Wenman of Tuam Buckley Viscount Buckley of Cashel Francis Boyle Viscount Shannon John Skevington Viscount Mâ—ssareene Cholmundy Viscount Cholmundy of Kells Richard Boyle Viscount Dungarvâ—n alias Lord Clifford Maurice Berkeley Viscount Fitz-Harding of â—eerehaven William Caulfield Viscount Charlemont Morrough Boyle Viscount Blessington James Lane Viscount Lanesborough Daâ—ney Viscount Down William Stewart Viscount Mount joy Adam Loftus Lord Lisburn Ezekiel Hopkins Lord Bishop of Derry William Sheridan Lord Bishop of Killmore William Digby Lord Digby of Geashell Henry Lord Blany of Monoghan Henry Lord Herbert of Castle-Island Sherrard Lord Sherrard of Leytrim Lord Wâ—rton Robert King Lord Baron of Kingston Richard Coote Lord Baron of Coloony Charles Petty Lord Shelburne Henry O Bryan commonly called Lord Ibrickan Robert Dillon commonly called Lord Kilkenny-West William O Bryan commonly called Lord O Bryan Son to the Earl of Inchiquin Robert Lord Lucas Sir Arthur Royden of Moyra Baronet Sir Arthur Cole of Newland Baronet Sir Robert Reading of Brareil Baronet Sir William Temple Baronet late Master of the Rolls Sir Francis Blundell of Edenderry Baronet Sir Laurence Parsons of Bi r Baronet Sir Richard Reynells of Dublin Baronet Sir Christopher Wandesford of Castle Comber Baronet Sir Thomas Southwell of Castlematres Baronet Sir Simon Eaton of Dunmoylen Baronet Sir Emanuel Moore of Ross Baronet Sir Robert Southwell of Kinsale Baronet Sir John Osborne of Baronet Sir Robert Staples of Lissane Baronet Sir James Caldwell of Bellick Baronet Sir John Humes of Castle-Humes Baronet Sir Francis Hamilton of Castle-Hamilton Baronet Sir Arthur Longford of Summer-Hill Baronet Sir William Francklin of Belfast Baronet Sir Oliver St. George of Headford Baronet Sir Robert King of Rockingham Baronet Sir William Gâ—re of Mannâ—r-Hamilton Baronet Sir William Courtney of New-Castle Baronet Sir William Tichburn of Bewly Baronet Sir Samuel Barnadiston Baronet Sir Robert Cottrill of New-town Knight Sir Joshua Allen of Dublin Knight Sir Matthew Bridges of the same Knight Sir Phillips Coote of Killester Knight Sir John Temple of Palmerstown Knight Sir Charles Meredith of Green-Hills Knight Sir Richard Ryves of Dublin Knight Sir Richard Stevens late of Dublin Knight Sir John Edgeworth of Lissane Knight Sir Robert Clayton Knight Sir Richard Buckley of Dunlavan Baronet Sir Henry Fane of Loghgurr Knight Sir Robert Holmes of Ardagh Knight Sir Richard Hull of Leamcon Knight Sir Matthew Dean of Cork Knight Sir Henry Ingoldesby of Dangen Knight Sir John Topham Knight Sir Francis Brewster of Brewsterfield Knight Sir Albert Cunningham of Mount-Charles Knight Sir Tristrum Beresford of Ballykelly Baronet Sir John Magill of Gill-Hall Knight Sir Nicholas Atcheson of Mullaghbrack Knight Sir George St. George of Dummore Knight Thomas Coote of the City of Dublin Esq Richard Foster Esq William Worth Esq lately one of the Barons of the Exchequer John Eaton Esq Counsellor at Law Lieutenant Joseph Stopford Ensign Thomas Stanly Captain Oliver Long Captain Thomas Flower Lieutenant Buckridge Lieutenant
at once inriched and civilized it would hardly be believed it were the same Spot of Earth Nay Over-flown and Moorish Grounds were reduced to the bettering of the Soyl and Air. The Purchasers who brought the Kingdom to this flourishing Condition fly to your Majesty for Succour offering not only their Estates and Fortunes but even their Lives to any Legal Trial within this your Majesties Kingdom being ready to submit their Persons and Estates to any established Judicature where if it shall be found that they enjoy any thing without Legal Title or done any thing that may forfeit what they have Purchased they will sit down and most willingly acquiesce in the Judgments But to have their Purchases made void their Lands and Improvements taken from them their Securities and Assurances for Money Lent declar'd Null and Void by a Law made ex post facto is what was never practised in any Kingdom or Countrey If the Bill now design'd to be made a Law had been attempted within two three four or five years after the Court for the execution of these Acts was ended the Purchasers would not have laid out their Estates in acquiring of Lands or in Building or Improving on them Thousands who had sold small Estates and Free-holds in England and brought the Price of them to Purchase or Plant here wou'd have stayed at home And your Majesties Revenue with that of the Nobility and Gentry had never come to the Height it did If your Majesty please to consider upon what Grounds and Assurances the Purchasers of Lands and Tenements in this Kingdom proceed you will soon conclude that never any proceeded upon securer Grounds The Acts of xvij and xviij of King Charles your Father of blessed Memory the First takes notice that there was a Rebellion begun in this Kingdom on the 23d of October 1641 And so doth a Bill once read in the House of Lords whoever looks into the Royal Martyrs Discourse upon that Occasion will see with what an abhorrence he laments it and that he had once thoughts of coming over in Person to suppress it Those Acts promise Satisfaction out of Forfeited Lands to such as would advance Money for reducing these disturbers of the publick Peace unto their Duty The Invitation was his late Majesties your Royal Brothers Letters from Breda some few weeks before his Restauration which hapned the 29th of May 1660 And within six Months after came forth his Majesties most Gracious Declaration for the Settlement of this Kingdom This may it please your Majesty is the Basis and Foundation of the Settlement and was some years after Enacted and made a Law by two several Acts of Parliament It is true that the Usurping Powers in the Year 1653. having by the permission of the Almighty as a just Judgment on us for our Sins prevailed here did dispose and set out the Estates of Catholicks unto Adventurers and Soldiers and in a year or two after transplanted out Catholick Free-holders for no other Reason but their being so in Connought where Lands were set out unto them under divers Qualifications which they and their Heirs or those deriving under them as Purchasers enjoy'd and still do enjoy under the Security of the before mentioned Acts of Parliament and Declaration His Majesties gracious Declaration of the 30th of November 1660. which I call the Foundation of the Settlement was before it was concluded on under the Consideration of that great Prince and the Lords of his Council of England where all Persons concerned for the Proprietors as well old as new were heard whoever reads will find the many Difficulties which he and his Council met with from the different and several Pretenders what Consideration was had and Care taken to reconcile the jarring Interests and to accommodate and settle as well as was possible the Mass and Body of Subjects here It was some years after before the Act for the Execution of his Majesties most Gracious Declaration became a Law It was neer two years upon the Anvil It was not a Law that past in few days or sub silentio It was first according to the then Course of passing Laws here framed by the Chief Governour and Council of this Kingdom by the Advice and with the Assistance of all the Judges and of his Majesties Council Learned in the Law and then transmitted into England to be further consider'd of by his Majesty and Lords of his Council there where the Counsel at Law and Agents of all Pretenders to the Propriety of Lands in this Kingdom were heard and that Act commonly called the Act of Settlement approved of and retransmitted under the Seal of England to receive the Royal Assent which it did after having passed both Houses of Parliament The Innocent Proprietors being restored pursuant to thiâ— Act and some Difficulties appearing as to the further execution of it Another Act passed commonly called the Act of Explanation which went the same Course and under the same Scrutiny It is confessed that though they are two Acts it was by the same Parliament who were chosen according to the ancient Course of Chusing Parliaments But if any miscarriage were in bringing that Parliament together or the procuring the aforesaid Acts of Parliament to pass which we can in no wise admit and the less for that your Majesties Revenue was granted and settled by the same Parliament and many good and wholsom Laws therein Enacted Yet it is manifest that nothing of that kind ought to affect the Plain and honest Purchaser who for great and valuable Considerations acquired Lands under the Security aforesaid and expended the remainder of his Means in Building Improving and Planting on them and that for the following Reasons First The Purchaser advising with his Counsel how to lay out or secure his Money that it may not lie dead not only to his but the publick detriment tells him that he is offer'd a Purchase of Lands in Fee or desired by his Neighbours to accommodate him with Money upon the Security of Judgment or Statute Staple and upon the enquiry into the Title he finds a good and Secure Estate as firm in Law as two Acts of Parliament in force in this Kingdom can make it and in many Cases Letters Patents upon a Commission of Grace for remedying of defective Titles he finds Possession both of many years gone along with this Title several descents past and possibly that the Lands have been purchased and passed through the hands of divers Purchasers He resorts to the Records where he meets with Fines and Common Recoveries the great Assurance known to the Laws of England Under which by the Blessing of God we live and tells him there is no scruple nor difficulty of Purchasing under this Title since he hath Security under two Acts of Parliament Certificates and Letters Patents Fines and Recoveries and that no Law of force in this Kingdom can stir much less shake this Title How is it possible to imagine that the