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B09027 An act for the assuring, confirming and setling of lands and estates in Ireland at the Parliament begun at Westminster, the 17th day of September, An. Dom. 1656. England and Wales. Laws, statues, etc. 1657 (1657) Wing E1091A; ESTC R175030 10,693 23

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by them deputed and appointed caused to be allotted and given out unto such person and persons so removed and transplanted such proportions of Land in the said Province of Connaught and County of Clare or one of them as are equall in measure or value to such Lands and for such Estate and Estates as the said person and persons so removed and transplanted ought to have had and enjoyed in any other part of Ireland by vertue of his or their Articles or Qualifications And whereas the said Commissioners of Parliament the Lord Deputy and Council of Ireland and his Highnesse said Council for the Affairs of Ireland or some of them in further pursuance of the said several aforementioned Powers and Authorities have proceeded by themselves and their Commissioners and others by them authorized to allot distribute grant assign set out and deliver several parts shares and proportions of the said forfeited escheated and exchanged Lands of the said Rebels Papist Proprietors and Transplanted persons unto several Officers and Souldiers in full or part of their respective Debentures for the Arrears for their respective Services there and in England and to several other person and persons comprised in the said Commission and Instructions Further Instructions Acts and Ordinances or some of them and have likewise ordered made granted set out distributed and delivered over to several Officers and Souldiers and others whose Lands so to them allotted distributed granted assigned set out and delivered as aforesaid proved to be legally incumbred with any such Rent Service Charge or Duty as in the said Ordinance of Encouragement is expressed other Lands equal to the said Incumbrance by way of reprisal out of the forfeited escheated or exchanged Lands in the said County of Kildare according to the Tenor of the said Ordinance of Encouragement as aforesaid All and every which said person and persons to whom such Allotments Distributions Grants Assignments and Reprisals were and have been made as aforesaid their Lessees or Assigns have entred into their said several shares and proportions of Land and have many of them disbursed severall great sums of Money in Buildings Reparations and Improvements upon the said Lands so to them allotted granted assigned distributed set out and delivered or given in reprisal as aforesaid so that the securing and confirmation of the said Allotments Distributions Grants Assignments and Reprisals is now become of great use and necessity to the Plantation and Peace of Ireland Be it therefore Enacted and Declared by his Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and this present Parliament and the Authority thereof That all and every Act and Acts Thing and Things which have been done by the late Commissioners of the Parliament Commissioners of the Commonwealth Lord Deputy and Council or the Lords of his Highnesse Council there or any of them or by any other person or persons thereunto authorized by them or any of them upon or in pursuance of the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them for the surveying allotting setting forth disposing and distributing of any of the said Rebels and Papists forfeited escheated or exchanged Lands according to the true intent and meaning of the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them And all and every Commission and Commissions or other Authority granted by the said Commissioners of Parliament Commissioners of the Common-wealth Lord Deputy and Council or by his Highnesse said Council for the Affairs of Ireland to any person or persons for the Adjudication of Claims or for the Adjudication of the Qualifications of the Irish or for setting forth of Lands unto them And all and every Iudgment and Iudgments Decree and Decrees Disposition and Dispositions of Lands made by them or any of them in pursuance of their respective Commissions And also all and every Division Allotment Grant Assignment Order Act and Thing already done made executed and performed or caused to be done made executed or performed by the said Commissioners of Parliament Commissioners of the Commonwealth Lord Deputy and Council of Ireland or his Highnesse Council for the Affairs of Ireland or any of them or by any other person or persons by Commission or Authority from them or any of them upon or in pursuance of the said Commission and Instructions further Instructions Act and Ordinance aforementioned or any of them for the disposing of the said Rebels and Papists forfeited escheated or exchanged Lands shall be and are hereby adjudged deemed and declared to be good firm and effectual to all intents and purposes and are hereby for ever ratified and confirmed And be it further Enacted and Declared and it is likewise further Enacted and Declared by the Authority aforesaid That all and every such person and persons their Heirs Executors Administrators and Assigns respectively to whom any such forfeited escheated or exchanged Mannors Castles Houses Lands Tenements and Hereditaments have been so allotted assigned given granted distributed set out delivered or reprized by the said Commissioners of Parliament or Commissioners of the Commonwealth the said Lord Deputy and Council or his Highnesse said Council for the Affairs of Ireland or any of them or by any other person or persons by Commission or Authority from them or any of them are and shall be and are hereby respectively adjudged and declared to be in real and actual Seisin and Possession of all and every such Manors Castles Houses Lands Tenements and Hereditaments so to him and them allotted assigned given granted distributed set out delivered or reprized respectively as aforesaid And that all and every such person and persons their Heirs and Assigns shall and may for ever hereafter have hold and enjoy the same to him and them respectively and to his and their respective Heirs and Assigns in free and common Soccage as of the Castle of Dublin under such Rents Services Covenants Conditions Qualifications Remittals and Abatements as in and by the said several Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them are expressed Provided That neither this Act nor any thing therein nor in the said aforementioned Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them contained shall any wayes extend to the forfeiture extinguishment defeating making void or prejudicing of any Contract Bargain Sale Grant Demise Lease Release Rent or Exchange heretofore made or granted of or out of any the said forfeited escheated or exchanged Lands by any the said Officers or Souldiers or others to whom the same have been so formerly allotted assigned given granted distributed set out delivered or reprized as aforesaid or of any Contract Bargain or Sale of any Debenture or Debentures in satisfaction whereof any the said forfeited escheated or exchanged Lands Tenements or Hereditaments are have been or
AN ACT FOR THE Assuring Confirming and Setling OF Lands and Estates IN IRELAND At the Parliament begun at Westminster the 17th day of September An. Dom. 1656. EDINBVRGH Re-printed by Christopher Higgins in Harts Close over against the Trone Church 1657. AN ACT FOR THE Assuring Confirming and Setling of Lands and Estates IN IRELAND WHereas by a Commission under the Great-Seal of England and Instructions thereunto annexed Entituled A Commission and Instructions to Charles Fleetwood Esq Lieutenant General of the Army in Ireland Edmond Ludlow Esq Lieutenant General of the Horse Miles Corbet Esq and John Jones Esq Impowering them to cause all the Lands therein mentioned to be forfeited to the Commonwealth to be forthwith surveyed in order to the satisfying of Adventurers for Ireland and Arrears of Officers and Souldiers and for the Setling and Planting of Ireland with security to the Inhabitants and such as shall Plant the same the said Commissioners therein named are thereby authorized to cause the said forfeited Lands to be surveyed accordingly And whereas by further Instructions Entituled Further Instructions unto Charles Fleetwood Esquire Lieutenant General of the Army in IRELAND Edmond Ludlow Esquire Lieutenant General of the Horse Miles Corbet Esquire and John Jones Esquire the said Commissioners are thereby further authorized and required for the better security of all those parts of Ireland which were to be planted with English Protestants And to the end that all persons in Ireland who had right to Articles or to any Favor or Mercy held forth by any the Qualifications in an Act of Parliament Entituled An Act for the setling of Ireland might enjoy the benefit intended unto them respectively to publish and declare That all and every the said persons which had such right to Articles or to any Favor or Mercy held forth by any the said Qualifications should before the first day of May 1654. remove and transplant themselves into the Province of Connaught and County of Clare or one of them there to inhabit and abide and to have set forth to them and every of them respectively such Proportions of Land and for such Estates and Terms and under such Conditions Reservations and Covenants as should be answerable in value unto so much of his and their Estates as by such Articles or Qualifications he or they were to enjoy in such place and manner as the said Commissioners or such as they should Authorize should appoint and direct And to that end the said Commissioners were likewise authorized and impowered to nominate Commissioners under them and to authorize them to allot to any such person or persons who by Articles granted unto them or by vertue of any the said Qualifications were to enjoy any part of their Estates a like proportion of Land by measure or in value in the said Province of Connaught or County of Clare of like Estate of Inheritance Free-hold Term of Years or number of Lives to be by them held and enjoyed in lieu or satisfaction of such part of their Estate which by such Articles or Qualifications he or they were to enjoy And whereas by a late Act Entituled An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland and of the Arrears due to the Soldiery there and of other Publick Debts and for the Encouragement of Protestants to plant and inhabit Ireland It is Declared That by the Blessing of God upon the Forces of the Common-wealth the Rebels of Ireland are subdued and the Rebellion there appeased and ended And that therefore to the end all just Satisfaction might be made unto the Adventurers Officers and Souldiers and other persons in the said last recited Act mentioned and that the Country of Ireland might be planted and setled with security unto such as should plant and inhabit the same the said Commission and Instructions and Further Instructions are ratified and confirmed And whereas by the said Act of Satisfaction it is declared to whom how and in what manner and at what Rates the forfeited Lands in Ireland shall be divided allotted given granted set out and distributed to the said Adventurers and Souldiers and others in the said Act of Satisfaction expressed and that for so much of the said Lands as should be assigned or set out to the said Officers and Souldiers in satisfaction of their Arrears for their Service there and in England by vertue of the said Act of Satisfaction the Ordering Allotting Granting Disposing and setling thereof unto and upon such the said Officers and Souldiers should be mannaged by the then Commissioners of Parliament in Ireland in such sort and manner as in and by the said Act of Satisfaction is declared And whereas by an Ordinance of his Highness the Lord Protector and his Council dated the Twenty third of June One thousand six hundred fifty four Entituled An Ordinance for the further Encouragement of the Adventurers for Lands in Ireland and of the Souldiers and other Planters there It is thereby amongst other things Ordained That for and in consideration of every Rent Service Charge or Duty issuing reserved charged due or payable on or out of the Lands or other the Hereditaments granted or intended to and for the said Souldiers and Adventurers or either of them to any person or persons who have duely claimed the same and according to this Ordinance shall have the same allowed and ordered Every such Adventurer and Souldier on or out of whose Lands or Hereditaments the same shall be issuing reserved charged due or payable shall have set forth and enjoyed to him and his Heirs for ever so much Land in the County of Kildare according to the Values of Adventurers at such measure as was allowed to such person for his Adventure in satisfaction whereof such Lands so charged were allotted unto them as would have been produced or due for an Adventure of such certain sum of Money as the Purchase or buying out of such Rent Service Charge or Duty shall be computed to amount unto computation being thereof made and certified by such person and persons as shall be authorized by his Highnesse the Lord Protector with the Consent of his Council And whereas in pursuance of all and every the said Commission and Instructions further Instructions Act of Satisfaction and Ordinance for Encouragement the said Commissioners of Parliament the Lord Deputy and Councill of Ireland and his Highnesse Council for the Affairs of Ireland or some of them have caused the said forfeited Lands in Ireland to be Surveyed and have caused the Papist Proprietors in the Province of Leynster Ulster and Munster Except those in the County of Clare who had any such Right to Articles or who fell within any the Qualifications aforesaid to remove and transplant themselves and Families into the said Province of Connaught or County of Clare and have likewise caused the Lands of all and every such person and person so transplanted to be surveyed and have likewise by their Commissioners thereunto