still enjoyed the same Provided always and Be it Enacted by the Authority of this present Parliament That one Grant or Lease made by Randal now Marquess of Antrim on or about the One and Twentieth day of November in the year of Our Lord One Thousand Six Hundred Thirty Seven of the Barony of Carey the Lordship of Bally Castle and the Island of Rachlins and all his Lands and Hereditaments within the said Barony Lordship and Island or any of them unto Alexander Mac Donnel John Moore Archibald Stewart and John Trayleman for ninety nine years from Michaelmas One Thousand Six Hundred Thirty Seven which Lease was made in Trust for payment of and Counter-Security against his Debts shall be and remain of the like effect and force in Law and no other as the same was before the making of this Act any thing in this Act before contained to the contrary notwithstanding And that the said Estate and term of years of and in the said demised premisses shall be and is hereby transferred from the aforesaid Lessees unto and vested and setled in Martin Noel Esq Thomas Carleton Citizen and Mercer of London and John Bradborne of the Middle Temple London Gentleman who shall hold and enjoy the said demised premisses from henceforth for and during such Interest as they legally have by the said Lease upon this Trust reposed in them the said Martin Noel Thomas Carleton and John Bradborne that they their Executors and Administrators shall from time to time dispose and imploy such moneys as they shall raise or receive by or out of the said Premisses for and towards the Satisfaction and Payment of all such Debts of the said Marquess as are yet unpaid and were intended by the said Lease or Ninety nine years to be secured and that all and every person and persons now seized or possessed of any part of the premisses and reprizable by the Rules of the Declaration and Instructions and this present Act shall be forthwith reprized for so much as shall be Adjudged from Them by Virtue of the said Lease Provided always and Be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Right Honourable Thomas Earl of Southampton Lord High Treasurer of England Anthony Ashley Lord Ashley Sir Orlando Bridgman Knight and Baronet Lord Chief Iustice of his Majesties Court of Common Pleas and Sir Henry Vernon To Have Hold and enjoy to them and their Heirs and Assigns all that the Castle Manor and Abby of Eniscorthy in the County of Wexford and all those Manors Townships Lands Tenements Territories and Hereditaments late parcel of the possessions of Robert Wallop commonly called or known by the name of Kilbeck Clony Turnesallough and Effernock and also all that the Priory or Rectory and Church Impropriate of Salsker in the said County of Wexford late parcel of the possessions of the said Robert Wallop with all Tythes Oblations Obventions and all other Profits whatsoever thereunto belonging and all other the Messuages Lands Tenements Tythes Rents Reversions and Hereditaments whatsoever in the Kingdom of Ireland granted or mentioned to be granted unto the said Earl of Southampton Lord Ashley Sir Orlando Bridgman and Sir Henry Vernon and their Heirs in and by certain Letters Patents bearing Date the Six and Twentieth day of September in the Thirteenth year of his Majesties Reign which said Letters Patents shall be and are hereby ratified confirmed and approved according to the Tenor and Purport thereof any thing in this present Act contained to the contrary thereof in any wise notwithstanding Provided always and Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Richard Ingoldsby Knight of the Bath to receive and take to his own use the Rents Issues and Profits of all and singular the Messuages Lands and Tenements formerly belonging to Sir Hardress Waller and now forfeited by the Attainder of the said Sir Hardress Waller for High Treason and also all and singular the Goods and Chattels formerly belonging to the said Sir Hardress Waller and now forfeited wheresoever the same shall be found in the Kingdom of Ireland until the said Sir Richard Ingoldsby shall out of the Rents and Profits or by reason of the said Goods and Chattels be fully satisfied and paid the sum of Two Thousand Pounds with the Interest thereof since the year One thousand Six hundred Fifty eight or so much thereof as remains yet unsatisfied he the said Sir Richard Ingoldsby accompting for and paying the full Overplus thereof if any shall be unto Our Sovereign Lord the King any thing in this Act before contained to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sr. George Lane Knight his Heirs and Assignes to have hold possess and quietly enjoy to the use of him the said Sir George Lane Knight his Heirs and Assigns all the Lands Tenements and Hereditaments wherein the said Sir George Lane had any Estate in Possession Reversion or Remainder on the Fifteenth day of September One thousand six hundred and fifty And also all the Castles Manors Lands Tenements and Hereditaments which he the said Sir George Lane or any other person or persons in Trust for him the said Sir George Lane or to his Vse hath or have purchased of or from Thomas Dutton Esq Son and Heir of Sir Thomas Dutton Kt. deceased and also of and from Sir John Norton of Rotherfield in the County of Southampton Baronet situate lying and being in the Counties of Longford and Leitrim containing by Estimation Two Thousand Six hundred Acres of profitable land be it more or less And also all other the Messuages Lands Tenements and Hereditaments whereof John Cook and Philip Hore lately attained for High Treason or either of them or any other person or persons to the use of or in Trust for them or either of them was or were seized or possessed on the Day they the said John and Philip respectively committed their several Treasons or at any time since and which were given and granted or mentioned to be given and granted by his Majesties Letters Patents under the Great Seal of Ireland unto the said Sir George Lane and his Heirs according to the purport and meaning of the said Letters Patents all which said Manors Castles Lands Tenements and Hereditaments are to be held and enjoyed by the said Sir George Lane his heirs and assigns with like benefit of Reprizal in case of Restitution as any Adventurers ought to have Saving to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns other then to the Kings Maiesty his Heirs and Successors and other then to the said Thomas Dutton Sir John Norton John Cook and Philip Hore or any of them or the Heirs Executors Administrators or Assigns of them or any of them and other than such person
writing under his Hand and Seal a particular of the Houses Lands Tenements and Hereditaments possessed by him together with the content or number of Acres both profitable and unprofitable in each Town-Land Village Balybo or Quarter of Land as the same were admeasured to him or for his use and in the Right of whom he claimeth such Adventure And if such Adventure be for Houses in any city such Adventurer is to deliver in not onely the particular Houses Tenements and Hereditaments by him possessed but also the value of them respectively as set out to him or any other for his use And if any Adventurer or the Assignee or Assignees of such Adventurers as aforesaid shall neglect to return a Certificate as above-said or shall wittingly make and deliver a false Certificate of the sums he was to be satisfied according to the several Acts past in the Parliament begun at Westminster the third day of November in the year of Our Lord One thousand six hundred and Forty and in the sixteenth Year of the Reign of Our Royal Father entituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty and the Crown of England An Act for adding unto and explaining of certain clauses in another Act made this Parliament intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty and the Crown of England An Act for the further advancement of an effectual and speedy reduction of the Rebels in Ireland to the obedience of his Majesty and the Crown of England An Act for a speedy Contribution and Loan towards the relief of his Majesties distressed Subjects of the Kingdom of Ireland An Act to enable Corporations and Bodies Politick to participate of the benefit of an Act lately passed intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty and the Crown of England Or shall neglect to return a Certificate as aforesaid or willingly make and deliver a false Certificate of the Town-Lands Villages Balyboes Quarters or other Denominations of Land assigned or given out for satisfaction of the said Debt or Demand or of the content or number of Acres according as the same was set out to him or them such Adventurer or his Assignee shall forfeit for three years the Rents and Profits that such Houses Lands Tenements Hereditaments shall yeild that he shall so omit to certifie or that he shall not rightly certifie such Forfeiture to be one Moyety to Vs and the other to be for and towards the defraying the charges in executing this Our Commission Provided a Discovery be made thereof before the three and twentieth of October One Thousand Six Hundred Sixty Three That such of the said Adventurers and Souldiers as have taken Surveys of their Lands do at or before the nine and twentieth day of September One thousand six hundred sixty two bring in to you the said Surveys or Duplicates thereof together with the Field-Books if in their possessions the which you are carefully and exactly to compare with the Surveys taken by Order of the late pretended Powers And if you shall find any considerable difference between the said Surveys you are to ascertain such Adventurers and Souldiers possessions by such of the Surveys as shall appear most for Our advantage and furtherance of this Service Yet so that if such Adventurer or Souldier shall think himself aggrieved thereat You shall appoint one or more sworn Surveyors to re-survey the said Lands in question such Surveyor returning his Field-Book to some other sworn Surveyor to examine cast up and make up the same such Adventurer or Souldier paying the said Surveyor for their said work and in the mean such Adventurer and Souldier to be continued in possession according to the Survey which shall appear as aforesaid most for Our Advantage and if any one shall without cause complain and obtain a re-survey he shall as a penalty for so doing forfeit so much land as he claims to want and shall not be found wanting And if any suggestion or information shall be made to the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being That profitable lands are held and possessed as unprofitable the same shall be inquired of by a Iury and such lands as were surveyed and set out to Adventurers and Souldiers or their Assigns as unprofitable and shall by such inquiry be found profitable shall be re-assumed to supply Deficiencies or make Reprisals Out of which said Certificates and Surveys and by such other lawful ways and means as you shall think fit you are to make up Books of what is due to each Adventurer and to ascertain the possession of such to whom lands are assigned therein expressing who was the former Proprietor who forfeited the same the three and twentieth of October One thousand six hundred forty one or since the Town-land Village Balyboe Quarter or other Denomination of Land the content or number of Acres the Parish Barony County and Province in which such Lands do lye respectively and where you shall find any Adventurer or his Assign to have more Lands than will satisfie his Adventure and that such Adventurer be in any other place deficient or shall buy the Right of any deficient Adventurer that such Over-plus Lands shall be assigned unto him towards satisfaction of such deficiencies and having brought things to this certainty you are to set out Lands to the deficient Adventurer in such way as shall be most indifferent and impartial and pursuant to the Acts of Parliament Whereas We have been graciously pleased to appoint the Forfeited Lands in the County of Kildare for satisfaction of Incumbrances on the Estates of Adventurers and Souldiers according to Our said Declaration in the satisfying thereof you are to observe these following Directions viz. To examine in the Books and Records of the late Court of Claims or Exchequer or other Courts what Decrees or Iudgements were passed and allowed to be satisfied out of the Estates of the said Adventurers and Souldiers the Adventurer and Souldier claiming satisfaction for such Incumbrance shall make it appear that the said Decreed Lands are set out unto him as part of his lot and he thereby Entituled to the Reprize for the said Incumbrance If such Incumbrance be by Mortgage Statute Staple Iudgement Recognizance or of any sum of Money on the payment whereof the Land so Incumbred is to be free and discharged you are then to set out Lands in the said County of Kildare for satisfaction of the said Incumbrance after the rate of Ten years purchase to be ascertained by inquiry in way and manner as is hereafter directed for the Reprize of such Adventurers and Souldiers as shall be removed from off their present Estates or according to such other particular
is hereby further Enacted and Declared That it shall and may be lawful to and for all and every the Adventurers upon the said Ordinances their Heirs and Assignes to receive so much of the Over-plus of those Lands which have been allotted to them in Satisfaction of their said Adventures and shall be sufficient to satisfie and make good any Deficiencies of other Adventures any Right of Recompence or Satisfaction for Incumbrances intended to be satisfied out of the County of Kildare or any Arrears of pay before the year One Thousand Six Hundred Forty Nine due by Debentures for the aforesaid British Army to the said Adventurers their Heirs or Assigns or any of them or purchased by them or any of them and to be satisfied according to the same Rules and Rates with the other Arrears before One Thousand Six Hundred Forty Nine And be it further Enacted and Declared by the Authority aforesaid That if it shall happen that any Adventurer or the Heir or Assignee of any Adventurer shall be possessed of any Lands by Concealment false Admeasurement or by pretence of the Doubling Ordinances over and above what will satisfie the principal moneys advanced upon the said Ordinances according to Irish measure as aforesaid and shall not have any Deficiencies Incumbrances or Arrears to place thereupon or be otherwise intituled to retain the same That then and in such case the Lands to be cut off or taken away from such person or persons shall as near may be be taken away and cut off in such Parts and Proportions as lie most contiguous and so as the person or persons to be removed from such Over-plus as aforesaid may still retain and keep the benefit of his and their respective Improvements And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Commissioners to be appointed by his Majesty for the Execution of the Declaration and Instructions and this present Act to proceed in the Execution of their Commission from time to time against all and every person and persons now having or in this or in any other Parliament hereafter to be held claiming to have any Priviledge and against all and every the Lands Tenements and Hereditaments and other the premisses whatsoever hereby vested in his Majesty his Heirs and Successors or charged or chargeable with any yearly Rent or other sums or payments whatsoever to be issuing out of the same and all Rules Orders Iudgements and Decrees of the said Commissioners made in pursuance of and according to the Declaration and Instructions and this present Act and all other Process and Proceedings whatsoever for the better leavying of any Rents or sums of money charged or chargeable as aforesaid shall be obeyed and executed forthwith as fully and amply against all and every person or persons and all and every their Lands Tenements Goods and Chattels as the same ought to have been if no Parliament had been then sitting and all Officers and Ministers of Iustice and all other persons whatsoever any way aiding and assisting in the Execution thereof shall be and are hereby indemnified and saved harmless any priviledge of Parliament or other immunity or exemption to the contrary hereof in any wise notwithstanding Provided alwayes and be it further Enacted and Ordained That the several Grants and Letters Patents made unto Sir Maurice Eustace Knight Lord Chancellor of Ireland Edward Vernon Esq Michael Lord Bishop of Cork and Sir George Lane and all and singular other the Letters Patents whereby any of the premisses hereby vested have been given or granted by his Majesty unto any other person or persons Bodies Politick or Corporate under the Great Seal of England or under the Great Seal of Ireland before the Thirtieth day of November One thousand six hundred and sixty or since the 30. day of November One thousand six hundred sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual dated before the said Thirtieth day of November One thousand six hundred and sixty shall be and are hereby ratified and confirmed and shall be deemed taken to be good valid and effectual in the Law according to the tenor and purport thereof against the Kings Majesty his Heirs and Successors and against all persons Bodies Politick and Corporate whose rights are not saved by this Act any thing in this Act contained to the contrary hereof in any wise notwithstanding Nevertheless it is hereby Enacted and Declared That all and singular the Lands and Tenements given and granted or mentioned to be given and granted in and by the several Letters Patents herein before confirmed shall be and remain and continue subject to such Rents and Payments and shall be held by such tenures and services as any other lands intended to be confirmed by his Majesties gracious Declaration or Instructions or by this present Act ought to yield pay render or perform And in case any of the aforesaid Grants or Demises be made at a less Rent than such a proportion of Acres ought to pay according to this direction then a Survey being first taken an addition is to be made to the reserved Rent of so much as will equal it therewith and make it agreable to this Rule without any further prejudice to the said Grants or Demises Saving to all and every person and persons Bodies politick and Corporate their Heirs Executors Successors and Assigns other than to the Kings Majesty his Heirs and Successors and other then to such person or persons Bodies politick and Corporate who by the Qualifications in this Act expressed shall not be adjudged innocent and other then to such person or persons who shall or may claim to the use of or in trust for them or any of them and other then to John Blackwell his Heirs and Assigns and those claiming by from or under him them or any of them any Estate or Interest of in or to the Manor Town or Island of Clantraffe or any part thereof All such Estate Right Title and Interest of in or to the several Lands and Tenements in and by the said Letters Patents respectively granted or mentioned to be granted as they or any of them have or ought to have the same as fully and amply to all Intents and Purposes as if this Act had never been had nor made And Be it further Enacted That all Letters Patents whatsoever whereby any of the premisses hereby vested have been given or granted under the Great Seals of England or Ireland respectively since the Thirtieth of November One Thousand Six Hundred and Sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual Dated since the said Thirtieth day of November One Thousand Six Hundred and Sixty shall be and are hereby Ratified and Confirmed and shall be held and enjoyed in like manner and under the like Rents and Payments Tenures and Services and subject to the like Saving of Rights