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
AN ACT For the Explaining of some DOUBTS Arising upon AN ACT INTITULED An Act for the better execution of His Majesties gracious Declaration for the Settlement of His Kingdom of Ireland and satisfaction of the several interests of Adventurers Souldiers and other his Subjects there AND For making some alterations of and additions unto the said Act for the more speedy and effectual settlement of the said Kingdom C R HONI SOIT QVI MAL V â—â—NSE DIEV ET MON DROIT Dublin Printed by John Crook Printer to the Kings Most Excellent Majestie and are to be sold by Samuel Dancer Bookseller in Castlestreet 1665. An o Regni Caroli Secundi Regis Angliae Scotiae Franciae Hiberniae 17 o. At the Parliament begun at Dublin on the eighth day of May Anno Domini 1661. in the 13 th year of the Reign of our Most Gracious Sovereign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the faith c. And there continued by several Prorogations unto the 26 day of October Anno Domini 1665. and in the 17 year of His Majesties Reign WHereas in the carrying on of that service which was appointed by a former Act intituled An Act for the better execution of His Majesties gracious Declaration for the settlement of His Kingdom of Ireland and satisfaction of the several interests of Adventurers Souldiers and other His Subjects there several doubts and difficulties have arisen partly from the uncertain and ambiguous penning of divers Clauses in the said Act and partly from other accidents which could not then be foreseen to the great obstruction and hinderance of the Publique ends and aims intended by that Act to be promoted and the very great disappointment of several persons interests which were thereby intended to be secured Insomuch that the first and final settlement of this Your Majesties Kingdom can hardly be attained by any further proceedings upon the said Act as is already manifest by the experience which hath been had in the execution thereof To the end therefore that Your Majesties most gracious and just intentions by that Act declared may still be pursued as far as remains possible the Revenues of the Church settled and increased Your Majesties dutiful and loyal Subjects quieted and secured in their just possessions and the minds of all men so composed that there may be a general and universal care and industry by building planting and all other ways of improvement to repair amend the ruines and desolations of this Your Majesties Kingdom May it please Your Most Excellent Majestie that it may be Enacted be it Enacted by Your Most Excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That all Honors Mannors Castles Houses Places Lands Tenements and Hereditaments Right Title Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage right of Redemption of any Mortgages Recognizances Iudgements Forfeitures Extent right of Action right of Entry Stature or any other Estate of what nature or kinde soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns within this Kingdom which at any time from and after the Three and twentieth day of October One thousand six hundred forty and one were seized or sequestred into the hands or to the use of His late Majestie King Charles the first or of Your Most Gracious Majestie that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the late horrid Rebellion or War which began or broke out in this Kingdom upon the three and twentieth of October One thousand six hundred forty one or which were allotted assigned given granted ordered distributed disposed demised set out or set apart to or for any person or persons use or uses for Adventures Arrears Reprizals or otherwise or whereof His late Majestie or Your Majestie that now is or any Adventurer Souldier Reprizable person or others respectively had and received the rents issues and profits by reason or upon account of the said Rebellion or War or whereof the Adventurers Officers or Souldiers now or formerly of the English Army in this Kingdom or transplanted or transplantable persons or any of them or their or any of their Heir Heirs or Assigns or any other person or persons whatsoever upon account of the said Rebellion or War in this Kingdom were in Seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May One thousand six hundred fifty and nine or which were assigned given granted laid out set apart or reserved for or towards the satisfaction of any the said Adventurers Souldiers or other persons for or in consideration of any money or provisions advanced lent or furnished or for arrears of pay or in compensation of any service or reputed services or other account whatsoever or reserved or mentioned to be reserved for or in order to a reprizal or reprizals for such Incumbrances as then were now are or shall be adjudged due to any person or persons out of the said Lands Tenements or Hereditaments or for any other use intent or purpose whatsoever or whereof any Custodiam Lease for year or years or other Disposition or Grant whatsoever hath been made or unto which Your Royal Father or Your Majestie are any ways intituled by reason of or upon account of the said Rebellion or War or which are wrongfully detained or concealed by any person or persons whatsoever As also all Chantries and all Mannors Lands Tenements Rents Tithes Pensions Portions and other Hereditaments or other things whatsoever belonging to any Ecclesiastical person or persons in his or their Politick capacity and that have formerly by them or any of them been let in Fee-farm the right whereof or title thereunto or interest therein was in any person or persons his or their Heirs or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging to them in their Politick capacity to any person or persons their Executors Admininistrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Impropriations or appropriate Tithes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent And also all and singular the Messuages Mannors Lands Tenements and Hereditaments whatsoever whereof John fitz Gerald alias fitz Gerard of Innishmoore commonly called the Knight of Kerry Captain John Magill of the County of Down Geoffry Fanning of Ballingary or any of them or any of their Ancestors whose Heirs they are or any other person or persons in trust for them
by the Decree of the said Commissioners nor any other person or persons claiming under such Decree shall be permitted to sue or prosecute the person or persons against whom such Decree was made his or their Executors or Administrators or any of their Tenants or Assigns touching or concerning any Measn profits of the Lands and Tenements so as aforesaid decreed but that all Suits Actions and Demands touching or concerning such Measn profits and all prosecutions therefore whether in law or equity shall be and are hereby barred and excluded and all and every person and persons liable to such actions molestations and prosecutions shall be thereof for ever acquitted and discharged Any thing in this or the said former Act contained to the contrary notwithstanding And because many persons did put in their claims before the Commissioners for execution of the said former Act as innocent persons thereby demanding some small parcel of land onely or deriving his or their title to some small part from some Irish Papist and thereupon no opposition being made the said Commissioners declared the said Claimant or the person under whom the Claimant derived to be innocent quo ad hoc since which time the said Claimants and the said persons under whom they derive alleaging themselves to be declared innocent enter upon great estates in several Counties as devested out of the Crown by such Iudgement of Innocence pretending the limitation of that Innocence by the words of the Decree quo ad hoc to be repugnant and impossible contrary to the intention and meaning of the said Commissioners by them publickly declared whereas if the whole estates to which the said persons now pretend had been then in question before the said Commissioners the several Adventurers and Souldiers therein concerned had been summoned to have taken notice thereof and might have made such opposition and produced such proof of their nocency as they thought fit Be it therefore Enacted That no Decree wherein any person or persons have been declared innocent quo ad hoc shall give such person or persons any title by virtue of any such Decree to enter upon or enjoy any more or other lands than what were particularly mentioned in such Decrees but that all other the lands of such person or persons declared innocent quo ad hoc which were sequestred upon the accompt of the late Rebellion or War shall remain and continue in His Majestie to the uses of this and the said former Act Any thing in either of the said Acts to the contrary notwithing Provided also and be it Enacted That nothing herein contained shall extend in any wise to ratifie or confirm the Decree made by the Commissioners for execution of the said former Act wherein and whereby Oliver Earl of Tyreconnel hath been declared to be nocent but that the said Decree and every part thereof shall be and so is hereby declared to be null and void as if the same had never been had or made and that the said Oliver Earl of Tyreconnel and all others who upon the Three and twentieth of October One thousand six hundred forty one or at any time since were or are seized to his use or in trust for him or in trust for Sir Thomas Fitz William late Vicecount Meryon Father to the said Earl or Christopher Fitz Williams Vncle to the said Earl or in trust for the Countess of Tyreconnel Wife of the said Earl of Tyreconnel for her separate maintenance or claiming by from or under him the said Earl of Tyreconnel shall be and continue in such like estate and condition and no other nor better than he or they ought to have been in case no such Decree had ever been made subject nevertheless to such Quit Rents as by this Act are imposed Any thing herein or in the said former Act contained to the contrary notwithstanding And be it further Enacted That the said Oliver Earl of Tyreconnel shall hold and enjoy to him and his heirs the lands in Cappock in the County of Dublin and Hanlaston and Athronan in the County of Meath mortgaged by the Lord Vicecount fitzs William his Father now forfeited to His Majestie and that His Majesties Letters Patents under the Great Seal of England bearing date the eight day of June in the sixteenth year of His Majesties Reign containing His Majesties gracious pardon to the said Earl of Tyreconnel and a clause of Restitution of all the lands and Tenements of the said Earl shall be and is hereby confirmed and shall be held and enjoyed accordingly subject to Quit Rents as aforesaid Provided always and it is hereby Enacted and Explained That no lands whereof the Provost Fellows and Scholars of the Colledge of the holy and undivided Trinity of Queen Elizabeth neer Dublin were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession nor any lands held by virtue of any Grant Lease or Fee Farm from the said Provost Fellows and Scholars and forfeited to His Majestie shall be disposed by virtue of this or the said former Act but that they and every of them remain and be in the said Provost fellowes and scholars and their Successors for ever Subject nevertheless to the payment of such Quit rents for the said forfeited lands as Adventurers or Souldiers by virtue of this or the former Act ought to pay any thing in this or the said former Act contained to the contrary notwithstanding And because several persons have been decreed innocent but nevertheless have not been restored to the lands which they claimed before the Commissioners for Execution of the said former Act but have been left to the course of law for the recovery of their possessions by trying their titles grounded upon the validity of those evidences by which they pretended to claim Be it therefore Enacted by the Authority aforesaid That all and every person persons who were defendant or defendants in the suit or claim upon which such decree was made as aforesaid and those claiming by from and under them shall within three months next after the sitting of the Commissioners for Execution of this Act declare and make his and their election by writing under his and their hands and Seals or under the hands and Seals of his and their Atturneys or Agents thereunto lawfully authorized whether they will immediately deliver up and relinquish the possession of the lands in controversy unto the Kings Majestie and resort to their proportionable satisfaction out of other forfeited lands which if they do elect they are to be admitted accordingly and shall be satisfied his and their full two third parts and so much more as may be Equivalent to his and their buildings and improvements and then shall part with the said lands or whether they will rather abide the tryal at law which if they do elect and the Irish claimant should fail to prosecute his title or a verdict or judgement shall be given against
in a Schedule thereunto annexed for which the said Alexander Macdonnell John Moore Archibald Steward and John Trayleman or some of them were joyntly bound for the said Marquess and for their Counter security against those ingagements which said Lease of ninety nine years was in and by a Clause in the said former Act enacted to be of the effect and force in Law and no other as the same was before the making of the said Act and was also therein and thereby transferred from the said Leasees unto and vested and settled in Martin Noell then Esq now Sir Martin Noell Knight Thomas Carleton Citizen and Mercer of London and John Bradburne of the Middle Temple London Gentleman in trust to dispose the Rents and profits thereof towards the payment of all such Debts as were intended by the said Lease to be secured which Debts are yet but very ill secured in regard the said Marquess was but tenant in taile of the premisses at the time of the making of the said Lease and so still continues by reason whereof the said Lease will become of no force and effect in Law after the Death of the said Marquess nevertheless to the end that some more certain and lasting provision may be made for the payment of such Debts as were thereby intended to be secured in such proportions and upon such terms and conditions as are herein after mentioned Be it Enacted by the Authority aforesaid That the Reversion and Inheritance of all and singular the premisses shall be and hereby is vested and settled in Martin Noell Esq Sonn and Heir apparent of the said Sir Martin Noell George Blake and John Robinson of the City of London Esquires upon these trusts following that is to say if any person or persons their Executors Administrators or Assignes to whom any Debt is owing which was intended by that Lease to be secured will at any time before the nine and twentieth of September One thousand six hundred sixty seaven accept of one moyety or half of his or their principal money due and have interest for the said moyety from the time of such acceptance at the rate of ten pounds per centum in full satisfaction of his or their whole debt intended by the said Lease to be secured and shall declare his or their acceptance by writing under their hands and Seals to be acknowledged before the Lord Chancellor Master of the Rolls or any Master in Chancery either in England or Ireland and to be registred in the Rolls of either Kingdom and if the said Marquess shall happen to dye after such acceptance declared and before the said moyety of the principal money interest at the rate aforesaid be fully satisfied and paid then the said Trustees of the Reversion and inheritance of the premisses the survivor and survivors of them and the Heir of the survivor shall out of the Rents issues and profits thereof pay or cause to be paid the said Moyetie of the principal with interest as aforesaid or so much thereof as at the time of the said Marquesses Death shall be behind and unpaid And if the said Marquess or his Heirs shall at any time before the nine and twentieth of September Which shall be in the year of our Lord One thousand six hundred seaventy five pay or cause to be paid all and every such Creditors their Executors or Assignes who before the nine and twentieth of September One thousand six hundred sixty seaven shall compound as aforesaid their full composition money with interest as aforesaid then the Reversion and Inheritance of the premisses shall be and is hereby transferred unto and vested and settled in the said Marquess and his Heirs Nevertheless it is hereby declared and Enacted That no settlement of the Reversion and inheritance by this Act nor any fine Recovery or other Act or thing done or suffered or to be done or suffered by the said Trustees of the Reversion and inheritance of the premisses without the privity and consent of him the said Marquess shall any wayes extend or be construed to give any strength or continuance to the said lease for ninety nine years further than during the life of the said Marquess but that the said Lease from and after the Death of the said Marquess shall be and so hereby is declared to be fully determined both in Law and equity to all intents and purposes And it is further declared that no Creditor who shall refuse to come in and compound as aforesaid shall be admitted to have any benefit in or by the trust of the reversion and inheritance as aforesaid And where any Debts secured by the said Lease shall be compounded and agreed at one moyety of the principal with interest as aforesaid to the end that such composition may not availe or profit such other Creditors who shall refuse to compound as aforesaid It is further declared and Enacted That the other moyety of the said principal Debt with the interest thereof shall be and is hereby vested in and made payable to the said Marquess and that he the said Marquess shall have the like benefit for the payment and satisfaction thereof out of the Lease of ninety nine years as any other Creditor refusing to compound can or may have and the Trustees of the said Lease shall pay and satisfie the said Marquesses Executors and Administrators the other Moyety of the said Debt so compounded with the interest thereof equally and in like manner and proportion as the not compounding Creditor can or may be satisfied this Act or any other Law to the contrary notwithstanding And it is further Declared by the Authority aforesaid That the said Alexander MacDonnell John Moore Archibald Steward and John Trayleman Suerties for the said Marquess and counter secured by the said Lease for ninety nine years until the same was transferred as aforesaid and every of them their and every of their Heirs Executors and Administrators shall be and are hereby discharged of and from all actions suites executions and demands which can or may be had against them or any of them their or any of their Lands Tenements Goods or Chattells for or in respect of any of the said Debts intended by the said Lease to be secured as aforesaid His Majestie taking notice of the Barbarous and uncouth names by which most of the Towns and places in his Kingdom of Ireland are called which hath occasioned much damage to diverse of his good Subjects and are very troublesome in the use thereof and much Retards the reformation of that Kingdom for Remedy thereof is pleased that it be Enacted And be it Enacted by the Authority aforesaid That the Lord Lieutenant and Council shall and may advise of settle and direct in the passing of all Letters Patents in that Kingdom for the future how new and proper names more suitable to the English tongue may be inserted with an alias for all Towns Lands and places in that Kingdom that shall be granted by Letters Patents which new names shall thenceforth be the onely names to be used any Law Statute Custome or usage to the contrary notwithstanding FINIS