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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
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
to be settled with them in that Our Kingdome And least any Ambiguity or controversy might arise for precedency in restitution to their former Rights We do Declare That first all innocent Protestants and those persons termed innocent Papists who never took out any Decree or had lands assigned to them in Connaught or Clare be first restored In the next place That those innocent Protestants and Papists who took out Decrees and had lands allotted to them in pursuance thereof in Connaught or Clare shall be restored And that such transplanted persons as shall be dispossest of their Decreed Estates in Connaught or Clare by virtue of this Our Declaration shall be Reprized out of other Forfeited lands of equal value worth and purchase in the said Province of Connaught or County of Clare or elsewhere before they be dispossest of their said Estates And that then such of the Irish Papists who constantly served under Our Ensigns abroad having right to the Articles of Peace are to be restored of which if any dispute shall be of their Capacity of Priviledge herein We shall by further intimation of Our pleasure to Our Chief Governour or Governours in that Our Kingdome and Council there give a final Resolve and Determination therein Yet this is alwayes so to be understood That whatsoever person or persons in the next precedent Qualifications shall find any part of his or their Estates not already disposed or not designed to be disposed to the ends aforesaid exprest in this Our Declaration That such person or persons their Heirs or Assigns shall be respectively restored to his or their said Estates And We further declare That in respect many have contracted very just Debts for furnishing Armes Ammunition and other necessary provisions for carrying on the War in Ireland before One thousand Six hundred Forty nine for which they have given security and so made themselves liable to suit and hazard which in all equity ought to be provided for That after such Reprizals made as aforesaid satisfaction shall be set forth out of the remaining lands in Our disposal to such persons their Heirs and Assigns And We are graciously pleased further to Declare That every Adventurer and Souldier their Heirs and Assigns setled in lands Tenements and Hereditaments as aforesaid And every person restored unto or Reprized for his Estate as is formerly mentioned shall pay unto Vs Our Heires and Successors yearly for ever the Rents following viz. For every Acre in the Province of Leinster Three pence For every Acre in the Province of Munster Two pence Farthing For every Acre in the Province of Connaught One penny Half penny And for every Acre in the Province of Ulster One penny accounting as to the payment of the said Rent only One hundred and Sixty Pearches to the Acre and Sixteen Foot and a half to the Pearch And all such as receive satisfaction for their Arrears out of the Houses and Tenements in the several corporations in Ireland one shilling six pence yearly out of every Twenty shillings Rent so that the Rent formerly reserved on such Estates so to be restored exceed not the Rent hereby reserved But if the said Rent formerly reserved do exceed the Rent hereby to be reserved the said former Rent only shall be paid and the said Estates respectively shall be discharged from payment of the Rent or Rents hereby reserved And it is Our further pleasure and We do hereby declare That all Lands Tenements and Hereditaments thus settled and to be settled upon Adventurers shall be held of Vs Our Heirs and Successors in Free and common Soccage as in the Statute of the Seventeenth Caroli is limited and appointed And that all Lands Tenements and Hereditaments setled or to be setled on the Souldiers who are out of the said Act and not provided for by it shall be held of Vs Our Heirs and Successors by Knights service in Capite All other particulars above mentioned being fully effected we trust through the goodness of God that that near ruined Kingdom will be restored to peace plenty And that by such signal evidences of our justice favor mercy the wicked will be deterred from their wickedness the good encouraged confirmed in resolutions of loyalty towards us and peace among one another And as in this Our Declaration we have made choice of those means which in Our Wisdome and Iudgement We have esteemed most conducible to the Quiet and Settlement of that Our Kingdome so We esteem it necessary further to declare That it is Our firm intention forthwith to call a Parliament in that Our Kingdom and effectually to recommend unto Our Chief Governour or Governours Privy Council and Our said Parliament the establishing by Laws there all the particulars mentioned in this Our Declaration and such others as shall be found necessary for the good of Our People there and after such Bills are past that then an Act of Free and General Pardon Indempnity and Obliv●on shall be granted to all Our Subjects of and in Ireland notorious Murderers only excepted And because We are too credibly assured That in the Decrees and Iudgements given for Forfeited lands in the Province of Connaught and County of Clare much injustice and fraud hath been used We shall recommend the whole review of that business to Our Chief Governour or Governours for the time being and Our Privy Council and Commissioners or some of them to the end that whatever irregularity shall be found in those proceedings may by their Care and Wisdome be rectified and the Iust part thereof confirmed As also that a suitable Act for Ireland for confirming Iudicial proceedings there in the four Courts may be there past And another Act for ratifying all Decrees and Iudgements in the Court of Claims and Exchequer of Dublin and the Claims of Our Protestant Subjects of Ireland that so all Our Subjects being legally setled and confirmed in their lives properties and Estates they may without fear for the Future betake themselves to mend the Ruines and Desolations of so long and bloody War and live in comfort and unity And We more than hope that by Our thus proceeding the World will believe nothing of Our own Advantage can come in competition with the Peace and Good of Our Subjects for We reserve little to Our Self but the satisfaction of contenting all Interests at the price of freely parting with almost all the great Forfeitures vested in Vs by Law in that Our Kingdom And if by this Indulgence We shall attain that desired end it will be much more considerable unto Vs than the rate at which We purchase it And We further Declare That whereas several of the Adventurers and Souldiers having made a thankful estimation of our grace and favour expressed by this our Declaration in settling them in a peaceable possession and right of what they enjoy by Our waving those many advantages devolved upon us by law have voluntarily exprest their own willingness and confidence of the