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A45975 An act for the better execution of His Majesties gracious declaration for the settlement of his kingdome of Ireland and satisfaction of the several interests of adventurers, souldiers, and other His Majesties subjects there.; Public General Acts. 1662. 14 & 15 Car.II Session 3 c.2 Ireland.; England and Wales. Sovereign (1660-1685 : Charles II). 1662 (1662) Wing I309A; ESTC R223687 110,568 130

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forwardness of all the rest of their Brethren in contributing One half years full value of the profits arising of the said lands as aforesaid set out for their respective Adventures and Arrears to be paid in One year towards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for and suffered with Vs And that several of the Adventurers having expressed their own willingness and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness in consideration of Our Grace and Favour in the aforesaid Settlement One other half years Rent more of full value to be paid in One other year We cannot but declare Our Acceptance of such their free and kinde offer and when a Bill shall be tendred unto Vs upon the accompt and for the ends aforesaid it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve And We do lastly declare That Protestant Plantations shall be settled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the land so to be settled on the Adventurers and Souldiers in such manner as by the Commissioners to be nominated and directed by Vs shall be set down Provided always That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dublin in the year One thousand six hundred forty one nor to any person or persons that sate as Iudges in the pretended High Court of Iustice upon the life of Our Royal Father of blessed memory or who sentenced Him or signed or sealed the Warrant for Execution or who were of the Guard of Halbertiers assisting to put the Bloody Sentence of Death in Execution upon the 30. of January One thousand six hundred forty eight Provided lastly and it is hereby declared That this Declaration or any thing therein contained shall not extend to confirm the disposition or setting out to any Adventurer Soldier or other person any of the Lands Tenements or Hereditaments belonging before the 23. of October 1641. to any City or Sea-Town Incorporated but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Favour and the Adventurers Souldiers or others who have any of the said Lands Tenements or Hereditaments set out unto them shall be Reprized in like manner as is provided for them in other cases by this Declaration Given at Our Court at Whitehall the 30. day of November 1660. In the Twelfth Year of Our Reign Signed CHARLES R. INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour Richard Earl of Cork Lord High Treasurer of Our Kingdome of Ireland Our right trusty and right well beloved Cousins and Counsellours Edward Lord Viscount Conway and Kilulta Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Kingdome Hugh Lord Viscount Montgomery of the Ardes Master of Our Ordinance in Our said Kingdome and John Lord Viscount Massereene Our right trusty and well beloved Counsellour Francis Lord Angier John Lord Kingston Richard Lord Baron of Caloony Sir James Barry Knight Lord Chief Justice of Our Court of Chief Place James Donelan Esq Lord Chief Justice of Our Court of Common Pleas John Bysse Esq Lord Chief Baron of Our Court of Exchequer Sir Henry Tichburn Knight Sir Robert Forth Knight Sir James VVare Knight Thomas Pigot Esq Master of Our Court of Wards and Liveries Col. Arthur Hill and Col. Marcus Trevor Our trusty and well beloved Sir Francis Hamilton Knight and Baronet Sir Arthur Forbes Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir Richard Lane Baronet Sir Paul Davys Knight Sir George Lane Knight Sir John Stephens Knight Sir VVilliam Domvile Knight Our Atturney General Sir Allen Brodericke Knight Our Surveyor General Sir Audley Mervin Knight Our chief Serjeant at Law John Temple Esq Our Solicitor General Col. John Ponsonby Henry VVarren and Dudley Cooley Esqs Serjeant Major George Rawden Dr. VVilliam Petty James Cuffe and Thomas Browne Esquires Our Commissioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November One thousand six hundred and sixty C. R. WHEREAS by Our said Declaration of the thirtieth of November One thousand six hundred and sixty We have made provision for the Settlement of Our Kingdome of Ireland and Satisfaction of the several Interests of Adventurers Souldiers and others Our Subjects there which we are minded to put in effectual Execution We have therefore hereby nominated you or any five or more of you whereof two of the persons following to be alwayes present viz. Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Realm Our Trusty and well beloved Counsellour Sir James Barry James Donelan Esq and John Bysse Esq Sir James Ware Our Atturney and Solicitor General Our Commissioners for the putting in Execution the matters and things therein contained according to the Tenor of these following Instructions You are to cast up the whole Debt and Demand of the Adventurers as well those that are satisfied as those that are in part or in whole deficient as also all the forfeited Lands assigned to or for the said Adventurers according to the Survey commonly called Doctor Petty's Down Admeasurement And the said Demands and Lands you are to compare together and what the said Lands fall short of satisfying the said Adventurers according to the Rates Measures and Proportions of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine so much of the forfeited Lands in the County of Lowth in the Province of Leinster except the Barony of Atherdee you are to set apart for satisfaction of the said Adventurers And if the said forfeited Lands shall fall short of satisfying the said Adventurers you are then to add the forfeited Lands undisposed by Our said Declaration in the County of Catherlogh And if those shall fall short then the Lands remaining undisposed of in the County of Kildare to supply all the said Adventurers deficiencies And if those Lands fall short then you are apart other forfeited Lands in some convenient place for the end aforesaid And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers and satisfying their deficiencies ascertaining their respective proportions You are to cause publick Proclamation to be made within the respective Counties Cities Baronies and places in Ireland thereby directing each Adventurer his Assignee or Assignees or his or their Agent or Agents sufficiently authorized that hath received any satisfaction in Land for his Adventure within forty dayes after such Proclamation to deliver unto you in
respectively given for or concerning any matter Cognizable by them against His Majesty His Heirs and Successors and all and every other person or persons whatsoever their Heirs or Assigns any thing in the said Declaration or Instructions or in this present Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every person and persons who shall at any time hereafter be nominated and appointed by His Majesty His Heirs and Successors to serve in the place of a Commissioner for the putting in execution the said Declaration and Instructions and this present Act shall before they Act any thing in the execution of the said Commission take an Oath before the Lord Chancellor or Lord Keeper or Commissioners for the Custody of His Majesties Great Seal of this Kingdome or before the Lord Chief Iustice of His Majesties Court of Chief place of this Kindome for the time being or before the Lord Chief Iustice of His Majesties Court of Common Pleas of this Kingdome for the time being or before the Lord Chief Baron of His Majesties Court of Exchequer of this Kingdome which Oath they or any of them have hereby power from time to time as there shall be occasion to administer in these words following YOu shall swear That you shall to the best of your skill and knowledge truly and impartially administer Justice between His Majesty and the Subject and between Party and Party in the place of a Commissioner for putting in Execution His Majesties Gracious Declaration and Instructions for the Settlement of IRELAND according to an Act Intituled An Act for the better Execution of His Majesties Gracious Declaration for the Settlement of His Kingdome of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other His Subjects there so long as you shall continue in that Imployment So help you God in Christ Jesus And Be it further Enacted by the Authority aforesaid That all and every the persons who shall be appointed to serve in the Offices or Imployments of Register Clerk Surveyor or any of them or in any other ministerial Office or Imployment relating to the Service of His Majesties Commissioners to be appointed as aforesaid shall before they enter upon any of the said Offices or Imployments take an Oath before some of the Commissioners to be appointed as aforesaid which Oath the said Commissioners or any two of them have hereby power to administer in these words following YOU shall swear That you shall well and truly execute the place of _____ according to the best of your skill and knowledge and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will So help you God in Christ Jesus And Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for all and every the Registers Clerks Surveyors and other the ministerial Officers which at any time hereafter shall be used or imployed in the Service of His Majesties Commissioners to be appointed for Execution of the Declaration and Instructions and this present Act to take as a Recompence for their respective Pains and Industries such Fees Salaries or Rewards onely and no other as by the Lord Lieutenant or other Chief Governour or Governours for the time being shall be limited and appointed And whereas by the said Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty the time limited for Adventurers claiming and making their Deficiencies appear is the first day of May now last past Be it Enacted and it is hereby Enacted That that time be inlarged to the Nine and Twentieth day of September One Thousand Six Hundred Sixty and Two And whereas by the said Declaration the time limited for discovering Bribery Forgery Subornation of Witnesses and False or undue Admeasurement is the Twentieth day of December One Thousand Six Hundred Sixty One Be it Enacted and it is hereby Enacted that the time being be inlarged to the Three and Twentieth day of October which shall be in the year One Thousand Six Hundred Sixty Three And whereas by the said Declaration legal Incumbrances resting upon Lands set out to Adventurers and Souldiers are to be satisfied out of Forfeited Lands in the County of Kildare except as in the said Declaration is excepted such Incumbrances being made appear by the Three and Twentieth of October One Thousand Six Hundred Sixty One Be it Enacted and it is hereby Enacted That that time be inlarged to the Three and Twentieth day of October One Thousand Six Hundred Sixty Two And whereas all Commissioned Officers before One Thousand Six Hundred Forty Nine whose Arrears were not stated on the Thirtieth day of November One thousand Six hundred and Sixty are by the said Declaration to have their Arrears stated before the Nine and Twentieth day of September One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the first day of May One thousand Six hundred Sixty three And whereas by the said Declaration all innocent Papists are to be restored to their Estates by the Second of May One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the First day of August One thousand Six hundred Sixty two And whereas by the said Declaration it is declared That in case any justly Intituled to the Peace in the said Declaration mentioned have obtained Decrees for Lands in the Province of Connaught or County of Clare in lieu of their former Estates and have not been possessed of Lands according to their respective Decrees That if by the First day of November One thousand Six hundred Sixty one they shall not be possessed of such Decreed Lands they shall immediately after the said day be otherwise satisfied for the same Be it Enacted and it is hereby Enacted That that time be inlarged to the First day of August One thousand Six hundred Sixty three And whereas as to those who continued with His Majesty and served faithfully under His Ensigns beyond the Seas who were by the said Declaration to be restored to their former Estates a Reprize being first assigned and legally set out of the remaining Forfeited Lands undisposed of to Adventurer or Souldier or other person as in the said Declaration is mentioned And that the furthest time for such Restaurations and Reprizes is by the said Declaration limited to be by the Twenty third day of October One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the Three and Twentieth day of April One thousand Six hundred Sixty three And be it further Enacted and it is hereby Enacted by the Authority aforesaid That all other persons Bodies Politick and Corporate who have not already put in their Claims before the Commissioners heretofore appointed for execution of the said Declaration do put in the same within
and payable to him by the Adventurers and Souldiers to be held of his Majesty his Heirs and Successors by the tenure of Frank Almoyne or other service and tenures as the same were held before the making of this Act. And be it also Enacted by the Authority aforesaid That all and every Impropriations or Appropriate Tythes forfeited to or vested in His Majesty his Heirs and Successors by this Act or otherwise forfeited or Escheated to his Majesty in right of his Crown if there be no lease or leases thereof in being unforfeited or otherwise as soon as the unforfeited lease or leases shall be expired or otherwise determined are hereby given to the Church for ever and hereby are and for ever shall be setled and established upon the present and future Incumbents and their Successors which have or shall have actual cure of Souls in those respective Parishes wherein such Impropriations are and such Impropriate Tythes do arise and renew reserving such a proportion of them to be disposed and setled upon the Vicars and Quire-men of each Cathedral Church as an Additional provision for the increase of their Maintenance as to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being at any time before the First of January One thousand six hundred sixty four shall be thought fit and convenient They the said Incumbents and their Successors paying to His Majesty his Heirs and Successors for the same such Rents Reservations and Duties as formerly were paid for the same with such increase of Rents as by the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being with six or more of the Council shall be adjudged reasonable and convenient within the space of Two years from the passing of this Act and not after or from the expiration of the said unforfeited leases respectively Provided that neither this Act nor any thing therein contained shall extend to the disposing or altering of any Impropriate Rectories or Tythes or Rents now or lately enjoyed or possessed by or setled on the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being or which at any time hath been or now is enjoyed possessed or received by the Lords Presidents of Munster and Connaught in the right of their respective places any thing in this Act to the contrary in any wise notwithstanding And that the Lord Chief Iustice of His Majesties Court of Kings Bench the Lord Chief Baron of His Majesties Court of Exchequer and the Master of the Rolls or any other of His Majesties Officers of this Kingdome for the time being shall and may have and receive such Port-Corn of the several Rectories which formerly have been formerly paid and reserved And to the end that this present annexation of the said Rectories impropriate unto the several and respective Churches as aforesaid may not be too prejudicial unto those persons who by the Rules of this present Act might otherwise expect to be restored thereunto It is hereby further Declared and Enacted That it shall and may be lawful to for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being to allot assign and appoint unto all and every person and persons who by the Rules of this present Act shall or may be restored thereunto in case no such annexation hath been made such recompence and satisfaction out of the said respective Impropriations as to him or them shall be thought most fit and reasonable which Recompence and Satisfaction so as aforesaid to be assigned shall be by virtue of this present Act received and enjoyed accordingly And whereas by Act of Parliament held at Westminster the Third of November in the Year of Our Lord God One Thousand Six Hundred and Forty Intituled An Act c. as also by His Majesties Gracious Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty It was carefully provided amongst other things That care should be had for erecting of Churches and that maintenance for preaching Ministers should be provided In pursuance whereof Be it Enacted by the Authority aforesaid That out of every one hundred Acres of Forfeited and Escheated Lands vested in his Majesty by this ●ct which are not yet actually disposed and distributed two Acres shall be allowed and set apart for Glebe in every Parish Barony and County as shall be most contiguous and convenient for the several Parish Churches in such places situate or to be situated and that out of all Forfeited and Escheated Lands so vested as aforesaid which are already disposed distributed or assigned and by this Act confirmed to the respective Possessors their Heirs or Assigns the said respective Possessors their Heirs and Assigns shall pay so much moneys as shall be sufficient to purchase such a number of Acres of the aforesaid measure and of the same Quality within the said Parish as the land out of which the said Acres should have been taken and assigned for Glebes at that present shall be adjudged the same Rent to be reserved payable to His Majesty his Heirs and Successors and in the same manner by the respective Incumbents and their Successors enjoying the said Lands so to be assigned to them for Glebes as the said Forfeited or Escheated Lands out of which they are taken shall be and are by this Act ordained for to pay And Be it further Enacted by the Authority aforesaid That out of all Forfeited Chauntries and all Lands Tenements and Hereditaments belonging unto the said Chauntries and vested in his Majesty his Heirs and Successors by this Act that are by this present Act set out assigned or intended to be set out or assigned to any Commissioned Officers their Heirs or Assigns who served His Majesty or His Royal Father of ever blessed Memory in the late of Wars of Ireland at any time before the Fifth of June One Thousand Six Hundred Forty Nine and received no satisfaction for the same and which paid any Rent to the Church in the Years One Thousand Six Hundred and Forty and One thousand Six Hundred Forty and One there shall be paid for ever by such Officer or person his Heirs or Assigns so enjoying the said Chauntries or the Lands Tenements or Hereditaments to them belonging the Rent and all other Duties formerly upon or out of them paid or received unto the Church or in lieu and satisfaction thereof Two shillings for every pound of improved value at the Election of the Bishop of the Diocess which Rents are to be ascertained with all convenient speed by the Chief Governour or Governours of Ireland for the time being and Six of the Council or whom they shall appoint and the Rent so payable by such Officer or Person his Heirs or Assigns to the Church shall be paid to such Rectory or Vicarage that either is or shall be of the Church wherein such Chauntry was erected or otherwise to such Ministers of
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