said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith restore unto Patrick Archer Merchant all and singular the Lands Tenements and Hereditaments which he or any other person or persons in trust for him had held or enjoyed upon the Two and twentieth of October One thousand six hundred forty one the respective Adventurers or Souldiers their Heirs or Assigns now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid the said Patrick Archer shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so to be restored Any thing in this or the said former Act contained to the contrary notwithstanding And whereas upon the passing of certain Letters Patents under His Majesties Great Seal of England bearing date the eight day of April in the Fourteenth year of His Majesties Reign unto Richard Earl of Clanrickard and his Heirs an use was therein limited or some other provision thereby made for the better securing unto Charles late Lord Vice-count Muskry the sum of Ten thousand pounds by the yearly payment of Two thousand pounds sterling per annum for and during the term of five years next ensuing the date of the said Patent And forasmuch as it may so fall out by reason of sundry emergent occasions that the payments thereby secured may not be fully compleated within the said term of five years according to the true intent and meaning of the said Letters Patents Be it therefore Enacted by the Authority aforesaid That the term of five years in the said Letters Patents mentioned shall be and is hereby enlarged unto the term of three years more next after the said five years ended and determined and that if the several payments in and by the said Letters Patents intended to be secured shall be made and determined within the time hereby enlarged the same shall be as good and effectual in Law as if they had been made within the said five years and that in all other uses limitations matters and things the said Letters Patents and every Clause and Article therein shall be as good and effectual in Law and of like force and effect as the same were before the making of this Act Any thing in this or the said former Act contained to the contrary notwithstanding And to the end that no person or persons who is or shall be restored or intitled unto or confirmed in any Messuages Mannors Lands Tenements or other Hereditaments by virtue of any Clause in this Act contained or by virtue of any Letters Patents Grant Restitution or other Disposition or Allotment herein made or hereafter to be made in pursuance of this Act may by pretense of such new title avoid the payment of any just debts to which they or their respective Testators or Ancestors were or ought to have been lyable Be it therefore Explained and Enacted by the Authority aforesaid That all and every person and persons their Heirs and Assignes having and holding or claiming to have and to hold any messuages Mannors Lands Tenements and Hereditaments as aforesaid shall be and are hereby made Subject unto and charged with all and singular the Debts and summs of money now due and owing by them or any other person or persons whose Heirs Executors or Administrators they are and under whom they claim their several and respective allotments as Heir Executor or Administrator whether the same Debts be due and owing by virtue of any specialty or matter of Record and that all and every the messuages lands Tenements and Hereditaments so held and claimed as aforesaid shall be held and accompted as Assets in Law and are hereby declared to be Assets for and towards the satisfaction and payment of all such Debts to which the first takers thereof are in their own right or as Heirs Executors or Administrators of any other person or persons made lyable by this Act any thing in this or the said former Act or any other Law matter or thing to the contrary notwithstanding Provided alwayes and be it further Enacted That the Heirs or Assignes of Charles late Earl of Mountrath shall have hold and enjoy all such Lands Tenements and Hereditaments which were settled upon or granted unto the said late Earl by any Letters Patents of the late Vsurped Powers whereof he was in possession the seventh of May One thousand six hundred fifty and nine except such as have been decreed or shall be by this Act or restored unto the Irish Proprietor for which he or they shall forthwith have the like quantitie of profitable Acres set out unto him or them respectively and that all the Lands Tenements and Hereditaments and other the advantages by this or the said former Act intended to be given granted or confirmed unto the said late Earl of Mountrath his Heirs or Assignes shall stand and remain disposed and divided among and between the now Earl of Mountrath the relict and younger Children of the said late Earl subject and lyable unto such limitations uses debts portions and legacies as are expressed and contained in a decree made by the Lord Lieutenant and Council bearing date the _____ day of October One thousand six hundred sixty and three any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Audley Mervin Knight Speaker of the House of Commons Sir George Lane Kt. Clerke of the house of Lords Philip Ferneley Esq Clerke of the House of Commons and other the attendants on either of the said Houses do claime certain Fees to be due and payable to them for every Bill containing any grant or restitution of any forfeited Lands to any person or persons Bodies Politick or Corporate their heirs or successors touching the ascertaining whereof and giving due remedy for the recovering of the same some provision was made in and by a clause in the said former Act in which clause the Speaker of the House of Lords and the Clerke of the Council of Ireland are not mentioned Be it therefore explained and Enacted by the Authority aforesaid That the Speaker of the house of Lords and Clerke of the Council of Ireland shall be deemed and adjudged to be comprehended in the said clause and that the said Speaker and Clerke of the Council and Sir Audley Mervin Sir George Lane Philip Ferneley and others mentioned in the said clause contained in the said former Act be paid by such person and persons Bodies Politick and Corporate their Heirs and successors who receive any grant of or Settlement in any forfeited Lands Tenements or Hereditaments by virtue of or in pursuance of this Act or of the said former Act not set out to them in satisfaction
to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act do forthwith restore to John Talbot of Malahyde all and singular the Lands Tenements and Hereditaments in the County of Dublin which he the said John Talbot held and enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since such person or persons who purchased the same of and from Susanna Bastwick or her children or their Assignes being first satisfied out of the forfeited lands undisposed by this Act by an allotment of so many profitable Acres as may be equal in value worth and purchase to the lands so to be restored and after such restitution so made as aforesaid the said John Talbot shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so restored but subject to Quit rents any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir George Harbert of Dorrow in the Kings County Knight and Baronet shall by the Commissioners for Execution of this Act be forthwith restored unto and placed in the present and actual possession of all and singular the Lands Tenements and all other Hereditaments right title and interest whatsoever in the said Kingdome of Ireland which he the said Sir George Harbert or his Vncle Sir Jasper Harbert deceased or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth of October One thousand six hundred forty one or at any time since the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid shall hold and enjoy all and singular the Lands Tenements and Hereditaments so to be restored unto him and his Heirs by such tenures rents and services and no other tenures in Capite or by Knights service excepted as the same were held by on the said two and twentieth day of October One thousand six hundred forty one any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir Henry Tichborne Knight shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments which were set forth unto him in recompense and satisfaction of money and other provisions by him furnished for reliefe of the Army in Ireland between the years One thousand six hundred forty one One thousand six hundred forty three which have not been Decreed away by the Commissioners for Execution of the said former Act And that the Commissioners for Execution of this present Act shall out of the forfeited Lands which shall remain undisposed by this Act to Adventurers or Souldiers set out and allot unto the said Sir Henry Tichborne so many Acres of profitable land as may be equall in quantity to the lands so Decreed away to be held and enjoyed by the said Sir Henry Tichborne and his Heirs and that like effectuall Letters Patents shall be thereof granted any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed set out and allot unto Mabell Countess Dowager of Fingall so much lands as shall be of like yearly value as the lands which she the said Countess Dowager of Fingall formerly held or ought to have held for her joincture to be held and enjoyed by her the said Countess Dowager of Fingall for and during the term of her life any thing herein before contained to the contrary notwithstanding And whereas Samuel Avery late of London Alderman was in his life time an Adventurer for Lands in Ireland and did subscribe and pay in the sum of eleaven hundred pounds or thereabouts The satisfaction of which Adventure was afterwards set out and allotted unto him the said Samuel Avery in the Barony of Conello and County of Limerick who notwithstanding such allotment quitted the possession of his own lot entred upon the lot of Sir Charles Lloyd Baronet another Adventurer satisfied in part within the same Barony of Conello which lot continued in the possession of the said Samuel Avery his Heirs and Assignes until the same was lately restored unto the said Sir Charles Lloyd And whereas the said Samuel Avery did also in his life time contract and agree with the late Vsurpers in England for the Farm or Receipt of certain customs or impositions upon merchandize exported or imported then and there usually paid And upon such his contract and undertaking became indebted and stood charged and chargeable with the summ of Tenn thousand pounds or thereabouts as in and by the Records thereof remaining in the Court of Exchequer in England more fully appears which said Debt and duty stands excepted out of the Act of Parliament passed in England entitled An Act of Free and generall pardon Indemnity and Oblivion and remains vested in his Majestie and is still unsatisfied no lands or Tenements Goods or Chattells of the said Samuel Avery whereupon the said Debt might be levyed being to be found in England and the whole Adventure of the said Samuel Avery and the lands therefore set out in the said Barony of Conello although no defalcation thereof be made are too little to satisfie the said Debt so long behind and unpaid To the end therefore that full satisfaction may be made unto his Majestie for his said Debt as farr as by the said Adventure is possible Be it Enacted by the Authority aforesaid That all and singular the lands Tenements and Hereditaments in the Barony of Conello set out and allotted unto the said Samuel Avery as aforesaid not already Decreed away by the Commissioners for Execution of the said former Act into whose hands soever the same be come by any right or title derived by from or under the said Samuel Avery his Heirs or Assignes shall remain and continue vested in his Majestie his Heirs and Successors in satisfaction and discharge of the said Debt and if any part of the said lands have been Decreed away by the Commissioners for Execution of the said former Act The Commissioners for Execution of this Act shall forthwith Assigne unto his Majestie by Deed under their hands and Seales to be enrolled in Chancery so much more as may be equal in quantity and number of Acres to the lands so decreed away which lands so
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
Harviestown and the mill thereunto belonging PoleHore Bolgerstown and Muchy-wood and Mullindery with the appurtenances all lying and being in the County of Wexford And that he the said Philip Hore shall have hold possess and enjoy all and singular the premisses to him and his Heirs against the Kings Majestie his Heirs and Successors and against the said Sir George Lane and his Heirs and all claiming by from or under them or any of them by virtue of this or the said former Act with all the rights members and appurtenances Rents issues and profits and all other advantages whatsoever to them and every of them belonging and appertaining to the use of him the said Philip Hore his Heirs Executors and Administrators respectively for ever Subject unto such rents and services as the same are lyable unto by this Act This present Act or any other Act Law Statute Ordinance Order Grant Decree Outlawry Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other clause matter or thing to the contrary notwithstanding His Majestie having taken to his Princely consideration the many faithfull and acceptable services of Sir George Hamilton Knight performed aswell to his late Majestie of Glorious Memory as to himself in the Warrs of Ireland and that in severall qualities as Captain of Horse Colonel and Captain of Foot Governour of the Castle of Nenach and other capacities for which there were arrears to great value accrued to the said Sir George Hamilton before and after the fifth of June One thousand six hundred forty nine which though not stated are by agreement and consent between him and other the Commissioned Officers and Trustees serving in Ireland before that time reduced to five thousand pounds sterling Be it therefore Enacted by the Authority aforesaid That the said Sir George Hamilton shall in full satisfaction of all personal arrears due unto him for his service in Ireland in the several imployments he had there before and after the said fifth day of June One thousand six hundred forty nine be satisfied the summ of five thousand pounds sterling out of the security set a part and designed by this and the said former Act for satisfaction of the arrears of such Commissioned Officers as served His Majestie or his said Royal Father in the Warrs of Ireland at any time before or after the fifth of June One thousand six hundred forty nine in such manner as by the said agreement is directed this Act or any other Act or matter to the contrary notwithstanding Provided Alwayes and be it Enacted by the Authority aforesaid That where any lands Tenements or Hereditaments which were seized sequestred or set apart upon account of the late Rebellion or Warr have been given and granted by any particular clause or provision in the said former Act mentioned or by any Letters Patents under the Great Seal of England or under the Great Seal of Ireland to any person or persons whose estates therein were confirmed by the said former Act or are confirmed by this present Act and whereof a third part hath not been already evicted by some Decrees herein confirmed the lands granted to his Royal Highness James Duke of York George Duke of Albemarle Arthur Earl of Anglesey Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloony Charles late Earl of Falmouth Theobald Earl of Carlingford Henry Lord Arlington John Lord Kingston Chidley Coot and Thomas Coot Esquires the relict and Heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cook Sir William Pen Sir Theophilus Jones Sir George Ayscough the Orphans of Colonel Owen O Conell Sir George Rawdon Baronet Sir George Lane Edward Vernon Esq Erasmus Smith Esq and the lands conveyed or mentioned to be conveyed by John Parker to certain Trustees for pious uses which Trustees are hereby made responsible to the Lord Lieutenant or other Chief Governour and Governours and Council there for the time being touching the execution and performance of the said Charity and the lands granted to any person or persons in satisfaction of arrears due for service done in Ireland or in satisfaction of any debt owing to them for provisions for the Army or Navy in Ireland and the lands which by the said former Act are restored to former Proprietors onely excepted That there and in such cases the said Provisoes Clauses Grants and Letters Patents shall be understood and so are hereby declared to be good and valid for no more than two full third parts of the Lands Tenements and Hereditaments therein mentioned and thereby granted and as to one third part of the Lands Tenements and Hereditaments therein contained shall be and so are hereby declared to be null and void Any thing in the said Provisoes Clauses Letters Patents or in the said former Act or in this present Act contained to the contrary notwithstanding Nevertheless such Grantees and all those who claim under them shall have like liberty of Retrenchment and in like manner and form as Adventurers and Souldiers are to have by the rules of this Act and the third part so as aforesaid to be retrencht shall remain and be vested in His Majestie His Heirs and Successors to be disposed and applyed to such uses as other forfeited lands by this Act ought to be Any thing herein before contained to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That out of all the Lands which have been decreed to any Irish Papist Popish Recusant or Roman Catholick by virtue of any Decrees not grounded upon some particular Proviso in the said former Act and made by the Commissioners for execution of the said former Act after the second day of July in the year of our Lord One thousand six hundred sixty three and herein confirmed one years rent according to the values the same were let at in the year One thousand six hundred fifty nine over and above all other the rents and payments by this Act imposed or made levyable shall be raised and levyed and paid unto the Receivers herein after mentioned by two even and equal payments the first payment thereof to begin upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and seven and the second payment thereof to be upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and eight under the penalty following That is to say every person lyable to the payment of any part of the said years rent and making default and failing to pay the same by the space of twenty days next after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levyed by Process out of His Majesties Court of Exchequer in like manner as any other the rents herein before
or any of them or to their or any of their uses were seized or possessed upon the Two and twentieth day of October One thousand six hundred forty one Notwithstanding that the same were not seized sequestred or set apart upon the account of the said late Rebellion or War are and shall be and are hereby declared deemed and adjudged as from the said Three and twentieth day of October One thousand six hundred forty one forfeited and to have been forfeited to Your Majesties Royal Father of ever blessed memory and Your Majestie Your Heirs and Successors and they are hereby from the said Three and twentieth day of October One thousand six hundred forty and one deemed declared and adjudged to have been and to be in the real and actual possession and Seizin of Your Majesties said Royal Father and Your Majestie Your Heirs and Successors without any Office or Inquisition thereof found or to be found freed and absolutely discharged of and from all Estates tail and of and from all Feoffments and other Conveyances made before the Three and twentieth day of October One thousand six hundred forty one by any person or persons being Tenants in tail where the intail was not legally docked or barred by Fine or Recovery before the Three and twentieth of October One thousand six hundred forty and one and of and from all Titles and Estates derived by from or under such Conveyances and also of and from all and singular Remainders Reversions Rights Titles Interests Services Chiefries Vses Trusts Conditions Fees Rent-charges and Chattels real Mortgages Rights of Redemption of Mortgages Recognizances Iudgements Extents Rights of Action Rights of Entry Statutes and all other Estates challenges and demands of what nature or kinde soever to the intent that the same may be settled confirmed and disposed of to and for such use and uses as in and by the said former Act were limited and declared and are not by this present Act changed or altered and to and for such other use and uses as in and by this present Act are declared or appointed and not otherwise Saving to Your Majestie Your Heirs and Successors all and singular such Estate Right Title and Interest of in and unto any Lands Tenements and Hereditaments within this Kingdom which Your Majestie hath or ought to have in right of Your Crown in Ireland other than by virtue of the aforesaid Act or this present Act and otherwise than by one or more Inquisition or Inquisitions of Lands in the Province of Connaught or Counties of Limerick and Clare and the County of Tipperary found and returned in the time of the Earl of Straffords Government in this Kingdom which said Inquisition and Inquisitions is and are hereby declared to have been from the time of the taking thereof absolutely null and void to all intents and purposes as if the same had never been had nor taken other than such Right and Title as in and by a certain Act of Parliament passed in England intituled An Act of free and general Pardon Indemnity and Oblivion are mentioned or intended to be barred or extinguished Any thing in this Act contained to the contrary notwithing Provided always That this Act or any thing therein contained shall not be deemed construed or taken to forfeit unto or vest in Your Majestie Your Heirs and Successors any Honors Mannors Castles Houses Places Lands Tenements Hereditaments or Chattel real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate walled Towns in this Kingdom on the Three and twentieth day of October One thousand six hundred forty one belonging in Possession Reversion or Remainder unto the Vniversity of Dublin or to any Archbishop Bishop Dean Prebend Dean and Chapter or other Ecclesiastical person or persons in his or in their Politick capacity or to any other Colledge Hospital Church Collegiate or Parochial or to the Church Wardens and Parishioners of any Parish Church for the use of the said Church or to any Guild Corporation or Fraternity Ecclesiastical or Lay or to any Parson Rector or Vicar of any Parish Church or to any other person or persons particularly named in the Proviso contained in the vesting Clause of the said former Act and whose Estate was thereby expresly saved and excepted from being vested in your Majestie Provided likewise that this Act or any thing therein contained shall not vest nor be understood or construed to vest in your Majestie your Heirs or Successors or otherwise be prejudicial unto or take away any Estate Right Title Interest Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever from any Protestant or Protestants their Protestant Heirs Executors Administrators or Assigns whereof upon the Two and twentieth day of October One thousand six hundred forty one they were respectively seized or possessed or otherwise interessed or intituled or wherein they had any other Estate Vse Possession Trust Reversion or Remainder other than such Estate and Interest whereof they or any of them stood seized or possessed for the use of or in trust for any Irish Papist or Roman Catholick who by the Qualifications in the said Act hath not been adjudged innocent or any other forfeiting person or persons nor to any Iudgement or Decree which hath been obtained by any Protestant or Protestants in the late Court or pretended Court for Adjudication of Claims or in the Court of Exchequer or any the four Courts sitting at Dublin before the Two and twentieth of August One thousand six hundred sixty three or for which any Iudgement or Decree hath been confirmed had or made by the Commissioners heretofore appointed by his Majestie for the execution of His late gracious Declaration and Instructions or the aforesaid Act Nor to the vesting any the Lands Tenements Hereditaments or Chattels real Right Title Service Chiefry Vse Trust Condition Fee Rent Charge Chattel real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever of any Papist who by the Commissioners appointed for the execution of the aforesaid Act hath been adjudged innocent or the Heirs Executors Administrators or Assigns of any such Papist who hath been so adjudged innocent And it is hereby declared That no person or persons who by the Qualifications in the said former Act hath not been adjudged innocent shall at any time hereafter be reputed innocent so as to claim any Lands or Tenements hereby vested or be admitted to have any benefit or allowance of any future Adjudications of innocence or any benefit of Articles whatsoever but that they and every of them and all and every person and persons claiming by from or under them or any of them shall be and are hereby barred and excluded of and from
be as against the said Duke or Dutchess their Heirs and Assignes utterly barred and extinguished Saving nevertheless to the said Duke and Dutchess their Heirs and Assigns and to such other person and persons as are concerned in the uses expressed in one Quadripartite Deed bearing date the twentieth day of December One thousand six hundred sixty one the full benefit and advantage of all such Tenures chief-rents and other services as the said forfeited and forfeitable Lands and Tenements were held by other than the benefits and advantages of Wardships and Tenures by Knights Service in as full and ample manner as the said Duke and Dutchess did hold or enjoy or might have held or enjoyed the same upon the Two and twentieth day of October One thousand six hundred forty one or at any time since Saving also to the said Duke and Dutchess of Ormond their Heirs and Assigns the benefit of all forfeited and forfeitable Estates vested in His Majestie and held of them or either of them as aforesaid their or either of their Ancestors and which were never allotted to any Adventurer or Souldier in which words it is hereby declared That the Estates allotted or set out to any Souldier for service in England or elsewhere other than in Ireland are not to be understood or comprehended nor the Estate of any Adventurer upon the doubling Ordinances for more than such Adventurer is to have by the rules of the said former Act for the sum by him disbursed as other Adventurers nor the estate of any Adventurer who claimeth for sea-service nor the estate allotted to any person whatsoever by the free gift of the late Vsurpers or of the then usurped Government but that all such estates shall be and remain unto the said Duke and Dutchess their Heirs and Assigns as they did or ought to have been at any time before the making of this Act And also saving unto the said Duke and Dutchess their Heirs and Assigns the full benefit and advantage of all other matters and clauses in the said Declaration former Act contained not herein hereby expresly changed and altered and by the said Duke Dutchess waved parted withall which are hereby declared to remain and be in full force as they were before the makng of this Act. And whereas the most part of the Houses and Lands in the City of Kilkenny and in the several Towns of Clonmel Carrick Callin and Inistioge Traly and Dingle and in the Suburbs and Liberties of the said City and Towns were held the Three and twentieth day of October One thousand six hundred forty and one of the said Duke of Ormond either in his own right or in right of the said Duke or Dutchess his wife by reason whereof the forfeited and forfeitable interest of any person or persons in the said houses and lands were not by the said Declaration and former Act to be settled in any Adventurers or Souldiers or any other person whatsoever other than the said James Duke of Ormond and his Heirs of which Concession if the said James Duke of Ormond did take the advantage and full benefit as he might the same would tend to a great diminution of the security designed for satisfaction of the Commissioned Officers serving in Ireland before the fifth day of June One thousand six hundred forty and nine And be the said James Duke of Ormond might likewise as a Commissioned Officer charge the remain of the said security with his arrears amounting to Threescore thousand pounds sterling accompting to the tenth of December One thousand six hundred and fifty yet is content to accept of the said Houses and Lands in full discharge of his said arrears Be it therefore Enacted by the Authority aforesaid That the said James Duke of Ormond shall have hold and enjoy to him and his Heirs in full satisfaction and discharge of the said arrears all and singular the forfeited and forfeitable Houses and Lands lying and being in the said City and in the said several Towns and in the Suburbs and Liberties thereof other than what hath been given out to Adventurers and Souldiers and by them their Heirs or Assigns were possessed upon the seventh day of May One thousand six hundred fifty and nine Any thing in this or the said former Act to the contrary notwithstanding He the said James Duke of Ormond and his Heirs paying and satisfying to His Majestie his Heirs and Successors yearly for ever out of the said Houses and Tenements in the said City and several Towns and in the Suburbs and liberties thereof one shilling six pence yearly out of every twenty shillings yearly rent which shall be had or answered out of the said Houses or Tenements And the said Vice-treasurer is hereby further required and enjoyned to issue out and pay the whole residue of the said three hundred thousand pounds unto such person and persons as his Majestie already hath or hereafter shall appoint as a Reward of their Eminent services and sufferings for His Majestie or His Royal Father And for preventing of all doubts which may arise in the issuing and payment thereof It is hereby declared that the same shall principally and in the first place be applyed to and for the payment and discharge of such summs of money as his Majestie did heretofore appoint to be payd out of the half years Rent payable by Adventurers and Souldiers by the said former Act That is to say to and for the payment and discharge of such summ or summs of money appointed by His Majestie to be payd to his Grace James Duke of Ormond or so much thereof as is in arrear and also for the payment and discharge of so much money as the half years Rent payable by Adventurers and Souldiers in the Counties of East and Westmeath Wexford and Kilkenny would have amounted to in case the same had not been discharged by this present Act which shall now be payd out of the residue of the said three hundred thousand pounds unto the Assignee of the half years Rents in the Counties aforesaid deducting only what hath been already received And be it further Enacted declared and explained by the Authority aforesaid That all the Honors Mannors Castles Messuages Lands Tenements and Hereditaments of the Regicides in the said former Act named and of all other seized or possessed in trust for them or any of them or claiming by from or under them or any of them which by the said former Act were or ought to be vested in His Royal Highness James Duke of York and Albany Earl of Ulster c. and his Heirs and of all other persons excepted in the Act passed in the Parliament of England intituled an Act of free and general pardon Indemnity and Oblivion or His Majesties late gracious Declaration and Instructions in the said former Act mentioned whose estates are not otherwise disposed other than the lands of such purchasors for valuable consideration from any of the said Regicides who have
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
William Petty his Executors Administrators or Assignes from time to time as often as any such Order or warrant shall be made to enter into all and every the lands in such Order or warrant mentioned and to levy the respective summs therein appointed to be paid not exceeding one penny the acre by distress and sale of such distress as shall there be found belonging to the occupiers of the said lands returning the overplus and whatsoever the Tenants or occupiers of the lands shall pay or shall otherwise be levied upon them as aforesaid not exceeding one penny the acre shall and may be deducted out of the rents by them respectively payable and for so much they and every of them shall be and are hereby discharged against their several and respective Landlords And because the Settlement now intended and endeavoured to be perfected would be very much obstructed if the Heirs or Assignes of Wentworth late Earl of Kildare should hold and enjoy the full benefit of a certain clause in the said former Act contained whereby the Preemption of all forfeited estates and interests held of or from Wentworth Earl of Kildare or George Earl of Kildare or either of them and of all other lands lying intermixt with the said Earl of Kildares estate is given to the said Wentworth late Earl of Kildare his Heirs and Assignes and further the arrears due to George Earl of Kildare for service before the fifth of June One thousand six hundred forty nine were appointed to be satisfied in the County of Kildare and else where lying most convenient to the said Earl of Kildares estate as the said Wentworth late Earl of Kildare should make choice of Be it therefore Enacted by the Authority aforesaid That so much of the said clause as concerns the preemption of forfeited estates and interests held of and intermixt with the Earl of Kildares grant as aforesaid or appoints the satisfaction of personal arrears for service to be within the County of Kildare or elsewhere at election as aforesaid shall be and is hereby repealed which arrears of the said George Earl of Kildare now belonging to Sir James Shaen Knight and Baronet Administrator of the said George Earl of Kildare are to be satisfied as in and by another clause herein after following and providing for the satisfaction of the interests of the said Sir James Shaen is declared and that in lieu and satisfaction of those privileges and advantages in and by the said clause given or intended to be given the Commissioners for execution of this Act shall forthwith set out or cause to be set out unto John now Earl of Kildare and his Heirs so much undisposed forfeited lands as shall be of the cleer yearly value of five hundred pounds per annum over and above all charges and reprizes therein shall take care that the same may be set out as neer unto the said Earls estate and as contiguous to the Lordship of Kilka in the County of Kildare as the same can conveniently be done and after such allotment and setting forth the same shall be granted by Letters Patents under the Great Seal of Ireland unto John Earl of Kildare and the Heirs Males of his body And for want of such issue to remain and be to Robert Fitz Gerald Esq uncle of the said John Earl of Kildare and the Heirs Males of his body and for default of such issue to the right Heirs of Wentworth late Earl of Kildare for ever subject nevertheless to the payment reimbursement and discharge in the first place of all such summ and summs of Money with interest for the same as upon any contract or bargain heretofore made by the said Wentworth late Earl of Kildare touching the benefit of the said former provisoe or touching the benefit of any part thereof have been paid unto the said late Earl or shall be paid hereafter to such Contractors during the minority of the the said John Earl of Kildare and lyable also to such other charges and payments as shall be necessarily made and disbursed in and for the settling and securing the premisses And that the Letters Patents so as aforesaid to be granted shall be of like force and effect as any other Letters Patents herein before appointed to be granted are or ought to be Provided alwayes and be it Enacted by the Authority aforesaid That out of the estates of John Fitz Gerald John Magill and Ieoffrey Faning before by this Act vested in His Majestie his Heirs and Successors It shall and may be lawful for the Lord Lieutenant or other Chief Governours of Ireland to restore unto and settle upon them and their Heirs respectively such part or parts of the said respective estates as they shall think fit Provided also and be it further Enacted by the Authority aforesaid That Sir John Stephens Knight Governour of His Majesties Castle of Dublin shall and may have hold and enjoy to him his Executors and Assignes all and every the lands Tenements and Hereditaments in the County of Cork which at any time were reputed to belong to Sir Brice Coghran by colour of any grant or guift of the late Vsurped powers and which are or have been possessed by the said Sir John Stephens by virtue of Letters Patents under the Great Seal or otherwise for and during such time and term of years and under such rents onely as in the said Letters Patents are expressed and no other so as he the said Sir John Stephens do place or cause to be placed upon so much of the premisses as shall be found to be within the securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine so much of the stated arrears due to such Officers which are satisfiable and for which no satisfaction hath yet been given as the value of the premisses may amount unto any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Moneyes which by virtue of this or the said former Act shall or may growe due unto His Majestie for or in respect of the measne profits of those lands which have been set out and received in satisfaction of any arrears for service done in England commonly called English arrears or for or in respect of the measne profits of those lands which have been set out to any person or persons in satisfaction of any Adventures upon the Ordinances commonly called the doubling Ordinances or for or in respect of any other measne profits which by this Act are made due and payable unto His Majestie as being received out of lands set out in satisfaction of interests not satisfiable by this or the said former Act and also all and every the summs of Money now due unto His Majestie which any person or persons transplanted into Connaght and since restored or hereafter to be restored to his former