other persons whose Estates are confirmed by Our said Declaration together with the Rents and Profits payable unto Vs according to Our said Declaration by such Adventurers Souldiers and others And you are carefully and exactly to reduce the measure of such Lands as were set out by Plantation-measure of Twenty one Foot to the Pearch and One hundred and Sixty Pearches to the Acre to Sixteen Foot and an half to the Pearch and One hundred and Sixty Pearches to the Acre and accordingly to ascertain the Rent payable to Vs the which you are likewise to do of all the Estates we are graciously pleased to restore unto any Papist whose Estates were formerly disposed of or remained undisposed of in Our Hands Provided such Estates did not formerly pay unto Our Royal Father a greater Rent in which case the said greater Rent is to be reserved and paid to Vs for the Future which Books so made up you are to lodge as Our Court of Exchequer shall direct with some Officer of Our Revenue that the Rents may be given in Charge And that no prejudice may be to Vs or uncertainty in Our Revenue You are also to prepare Duplicates of the said Books to be kept in the Office of Our Chief Remembrancer and Treasurers Remembrancer And whereas in the Execution hereof it will be necessary to imploy several persons for the inquiry into and preparing several matters hereby committed to your Trust you are therefore hereby Authorized and Impowered from time to time to nominate and appoint such person or persons as you shall finde necessary for Our Service herein unto whom Our Chancellor for the time being for that Our Kingdom is hereby required and authorized to grant One or more Commissions under Our Great Seal of that Our Kingdom for the purposes aforesaid And whereas We have by Our said Declaration provided that Protestant Plantations shall be setled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the Lands to be setled on the Adventurers and Souldiers the same being subject to many intricacies and of universal concernment to that Our Kingdome We do therefore refer the whole consideration thereof unto Our Parliament for their Advice therein And you are hereby strictly required to take special care that the Decrees and the Estates in Lands set out in satisfaction of the same in the Province of Connaught and County of Clare to any Transplanted or Transplantable person and purchased from them or any of them by Charles Earl of Mountrath John Lord Baron of Kingstown Richard Lord Coot Baron of Coloony Carey Dillon Esq Sir George Bingham Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir James Shaen Knight Major Arthur Gore Sir George St. George Sir James Cuffe John Eyres Esquire Henry Waddington Esq Captain Robert Parks Captain Robert Morgan and Captain Owen Lloyd be confirmed unto them and every of them their Heirs and Assigns respectively they paying one full years Value of the Profits of such Estates to Vs Our Heirs and Successors in two years space in such manner and for such Vses as in Our late Declaration is offered to be contributed by the Adventurers and Souldiers and accepted by Vs and that they be not removed from any such Estates in Lands they have so purchased by virtue of such Decrees untill they be duely reprized out of other Forfeited Lands of equal Value Worth and Purchase in the said Province of Connaught or County of Clare or elsewhere as in Our said Declaration is directed for Adventurers and Souldiers Provided that this shall not be construed to confirm the Decree of any person for so much thereof as was obtained by injustice fraud irregularity or oppression in the proceedings but especially of any person who had no Right nor Title by the Rules given for making those Decrees to the Estate in compensation whereof such Decree was granted if the same shall be made appear unto you before the Five and Twentieth day of March One Thousand Six hundred Sixty and Three And in such case it is Our pleasure that any of the aforesaid persons who hath purchased Lands upon any such insufficient Decree shall or may place some other unsatisfied or reprizable Decree upon such Lands Provided also That this Clause shall not extend to confirm unto the said persons any Lands that are restorable by Our Declaration to the former Proprietors Reprizals being given in lieu thereof as in the Declaration is appointed Provided also That such Transplanted Persons who being within Rules of Reprizal have been removed from the Lands to which they have been transplanted without any Reprize therefore first given be forthwith Reprized in the first place and before all other Reprizable persons And that the Lands set out unto Sir Thomas Herbert and Benjamin Worsley Esq for their Salaries in Ireland in relation to their Imployments about the Satisfaction of the Souldiery in stating their Arrears or surveying or setting out Lands be confirmed unto them and their Heirs and Assigns severally and respectively And if the said Lands or any part thereof shall be restored to the former Proprietors That a Reprize be forthwith assigned and set out unto them their Heirs and Assignes severally and respectively in lieu thereof in like manner as is provided for such Adventurers and Souldiers as shall be removed from off their present Estates And whereas some Ambiguity or Doubt may arise under what Qualifications such persons may be comprehended who submitted unto Our Articles of Peace and inviolably observed the same yet neither attended Vs in Forreign Parts nor sued out Decrees for Lands in Connaught or County of Clare You are in order to their Settlement to proceed in the same way and method as by Our Declaration is held forth for those that submitted to Our Articles and inviolably observed the same and attended Vs in Forreign parts And for the better quieting setling and securing the several persons and their Interests for whom provision is made in Our said Declaration and Instructions and this present Act the Lord Lieutenant Lord Deputy Lords Iustices or their Chief Governour or Governours of that Our Kingdom for the time being upon Certificate signed by you or any Five or more of you as aforesaid expressing the Name or Names of such persons the quality of their Estates the number of Acres the Barony County and Province in which such Estates are and the â—ents reservable as also the Tenure and Services are hereby authorized and required upon request by the person or persons so concerned to cause effectual Letters Patents under the Great Seal of that Our Kingdome to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons aforesaid by advice of Our Learned Council in the Law for that Our Kingdom or some of them as the case shall require without expecting any further Letters or Warrants from Our Self and for so doing these Our Directions shall be
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-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
Directions as you shall receive herein from Vs or from Our Chief Governour or Governours and Council of that Our Kingdome for the time being agreable to Our said Declaration If such Incumbrance be a Rent-charge or Yearly Rent issuing or payable out of the Estates of the said Adventurers or Souldiers for ever or for years or for life You are then to put a Rate or Value on such Rent-charge not exceeding Ten years Purchase for an Estate for ever or Six years Purchase if for life or for any term under Ten years or Seven years Purchase if for Two lives or any term above Ten years and under Twenty one years or Eight years purchase for any term above Twenty one years and under Thirty one years and Nine years Purchase for all above Thirty one years which shall be satisfied out of the said Forfeited lands in the said County of Kildare after the Rate afore-going If such Incumbrance be by Lease or Leases for term of years or for life or lives you shall as is before directed inquire after the damage such Adventurer or Souldier sustains by virtue of such Lease and if the said term shall not exceed seven years or the damage be not one third part of the full value of the said Lands set out to him you shall not assign any recompence or Reprize but if such damage be for above Seven years or above one third part of the profits of such Estate satisfaction is to be given in way and manner as in the preceding Instructions is directed The which Lands being thus set out allotted and distributed to the said Adventurers and Reprized to the said Adventurers and Souldiers you are to give unto them respectively a Certificate of what Lands are so set out unto them with the number of acres Denominations of the said Lands the Parish Barony and County such Lands are in and who Forfeited the same which Certificate the said Adventurers Souldiers are forthwith to Record in Our Court of Exchequer upon which Our said Court is to give Order to Our respective Sheriffs to put the said Adventurers and Souldiers their Assigns or Agents into the possession of such Lands so allotted divided and set out or reprized as aforesaid Whereas by Our said Declaration the Estates of every 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 who Signed or Sealed the Warrant for Execution or who were of the Guard of Halberteers assisting to put the Bloody Sentence of Death in execution upon the Thirtieth of January One thousand Six hundred Forty eight are not confirmed You are therefore to inquire what Estates any of the said persons had and to return Certificates thereof into Our Court of Exchequer which Court is hereby required to sieze the same to Our use and for the increase of Our Revenue except so much of the same lands Tenements and Hereditaments lately belonging to John Cook as by Our Letters of the Twenty fourth of November last was granted by Vs to Sir George Lane Knight for his faithful Service which it is Our will and pleasure shall be confirmed to him his Heirs and Assigns accordingly and that all proceedings necessary for the finding Our Title thereunto and to the lands Tenements and Hereditaments of Philip Hoare of Kilsalchan in the same letter to the said Sir George Lane granted be speedily made by Our Officers and Ministers intrusted in that behalf and that thereupon letters Patents be past thereof or of any other Forfeited Lands Tenements and Hereditaments given or granted by Our said letters in lieu thereof under Our Great Seal of Ireland to the said Sir George Lane his Heirs and Assignes according to the direction of Our said letters in the most large favourable and benigne acceptation thereof You are by the best way and means you can to inquire after all Forged Debentures or Bills on which any lands have been set out either to Adventurers or Souldiers and forthwith certifie such Forgeries into Our Court of Exchequer that such persons may be proceeded against according to law The like you are to do after the Estates of such as have procured or obtained the possession of any Estate by Perjury Bribery or Subornation of Witnesses or false or undue admeasurement to Our prejudice To the end such Estate or Estates so unjustly obtained may be seized according to the Tenor of Our said Declaration And whereas many being conscious of their own guilt or evil intentions with respect to the most heinous Rebellion begun the Three and Twentieth of October One thousand Six hundred Forty and One have made private Settlements of their Estates and many of Our Protestant Subjects having formerly Mortgaged their Houses Lands Tenements and Hereditaments unto such as have Forfeited the same in these evil and unsetled Times have notwithstanding entred upon and keep possession of Our Right You are therefore in the best way and manner you can to make a Discovery of all such or any other concealments to Our prejudice In Order whereunto Our Officers in Our Four Courts of Dublin or in the Office for Probat of Wills are required to be aiding and assisting to you herein and from time to time to search after such matters or things as you shall judge for Our Service to inquire after and to attend you with such Records as you shall judge needful Whereas by Our said Declaration several innocent Protestants and Papists are to be restored to their Estates and a Reprize of equal value worth and purchase is to be assigned to such Adventurers and Souldiers and other persons as do possesse the same in the doing thereof you are to observe these following directions viz. Not to restore any as an innocent Papist that at or before the Cessation which was made upon the Fifteenth day of September One thousand Six hundred Forty and three were of the Rebels party nor any who being of ful Age and sound Memory enjoyed their Estates Real or Personal in the Rebells Quarters Provided that where any Citizen or Inhabitant of the City of Cork or of the Town of Youghal or any other person or persons were not permitted to live in the English Quarters but were expelled from thence and driven into the Quarters of the Rebels that than and in such case such inhabiting in those Quarters and there receiving any benefit of their Estates shall not be construed or adjudged any bar or impeachment of their Innocence nor such as entred into the Roman-Catholick Confederacy at any time before the Articles of Peace concluded One thousand Six hundred Forty and eight nor such as at any time adhered to the Nuncioes or Clergies party or Papal power in opposition to the Kings Authority nor such as have been Excommunicated for adhering to the Kings Authority and afterwards owned their Offences for so doing and were relaxed thereupon from their Excommunication nor such who
such as hereby are to receive twelve Shillings and six pence in the pound as also the arrears due before One Thousand Six Hundred Forty Nine of such who have received satisfaction for their arrears due since One Thousand Six Hundred Forty Nine and this to be done without any Priority or Distinction in an equal proportion after that you have first made up the Deficiency of those who have been satisfied in part since One Thousand Six Hundred Forty Nine but have not yet Lands set out to them to the full of that proportion which they were to have had at the time when the rest of the Lands were set out unto them and others as aforesaid We having by Our said Declaration assigned the Forfeited Houses Lands Tenements and Hereditaments not already disposed of within any Corporation in Ireland or in the Counties of Wicklow Longford Leitrim and Donegal and within a mile of the River Shannon commonly called or known by the name of Mile-Line for satisfaction of such Officers who served Our Royal Father or Our Self in Ireland before the Fifth of June One Thousand Six Hundred Forty Nine as in Our Declaration is directed In Order thereunto Our Court of Exchequer in Ireland is hereby authorized and required to put the premisses out of Charge from the Three and Twentieth of October last past without Fee or other Charge for the same And towards the carrying on the work hereby appointed and all the contingent Charges thereof the moneys received by Major William Cadowgan and others for the Rents of the Counties of Wicklow Leitrim Longford and Donegal and for the Lands in Connaught and Clare commonly known or called by the name of Mile-Line for several years last past shall be paid into the Hands of such persons as we shall as aforesaid appoint to receive the moneys payable by the Adventurers or Souldiers and the accompts thereof forthwith delivered unto you The which accompts you are hereby required to Audit and Examine All the Rents and Profits of the Houses Lands Tenements and Hereditaments by Our said Declaration appointed for Satisfaction of the said Officers before the Fifth of June One Thousand Six Hundred Forty Nine until the same be sold as is before directed shall be paid into the Hands of such persons as we shall appoint as aforesaid to collect and receive the same for the Ends and Vses above mentioned as also towards the Satisfaction of such persons as are to receive Satisfaction for their Improvements in building or repairing Houses planting Orchards or Gardens All which said moneys shall be paid by Warrant from You or any five or more of you aforesaid directed to Our said Vice-Treasurer for the Ends and Vses aforesaid Whereas several Lands have been set out for satisfaction of Money lent or publick Debts incurred for Provisions Arms and Ammunition furnished before the year One thousand Six hundred Forty four the which Lands so set out We have by Our said Declaration reserved for that purpose and to the end the persons to whom the said Lands are so set out may receive satisfaction for their said Moneys and Provisions according to the Tenor of Our said Declaration you are to compute the Money that ought to have been paid for the said Provision Arms and Ammunition together with the Interest for the same unto the time the said Lands were set out after the rate of 6. pounds per centum per annum You shall inquire of the Value of the said Lands what improvements there are made since they were set out what worth to be sold when set out at the rate of Ten years purchase and who now in possession and under what Title You shall assign so much of the said Lands so set out as according to Ten years purchase the aforesaid Money for the said provision c. with the Interest thereof as aforesaid will amount unto first deducting the Improvements made on the premisses since they were set out as aforesaid And whereas James Duke of Ormond Lord Steward of Our Household together with Sir Philip Percivall and Sir George Lane Knights and also others at the instance and request of the said Duke of Ormond became bound for certain Moneys lent and publick Debts incurred for Provision Arms and Amunition and furnished and delivered in Provisions and other Necessaries in Order to the carrying on of the War in that Our Kingdom whereby they have made themselves their Heirs Executors and Administrators lyable to Suit Hazard and Loss if not provided for and satisfaction set out for the same which in all equity ought to be done you are therefore required forthwith to set out Forfeited Lands in the Counties of Kildare and Dublin or one of them for satisfaction of the said Debts Provisions and other necessaries according to the last fore-going Rules and that in the mean time neither the said Duke of Ormond nor any other bound for the said Debts at his instance and request their Heirs Executors or Admistrators be sued molested or troubled for or concerning the same And if any of the said Lands already set or which shall be set out be restored to former Proprietors you are forthwith to assign other Lands of equal Value Worth and Purchase in lieu thereof You are likewise after the same rate of Ten years purchase to assign set out some convenient Forfeited lands unto Major George Rayden in satisfaction of Debentures for Arrears and Moneys paid by him for Provisions furnished as aforesaid and for which no satisfaction as yet hath been assigned as also to Doctor William Petty for his deficient Debentures according to the direction of Our Letter of the Second of January One thousand Six hundred and sixty Whereas there is a Rent payable to Vs out of every Acre of Land assigned or to be assigned to any Adventurer Souldier or other person as by Our Declaration appears in order to the ascertaining thereof you are to observe these following directions viz. Where there is no certain Record of the Lands assigned or set out to the Souldiers or other persons so that the Rent payable to Vs cannot be ascertained in all such cases you are to cause Proclamation to be made and Certificates to be returned of all such respective Possessions Debentures and Debts for which the said Lands were set out to them in way and manner as by Our aforesaid Instructions is directed with respect unto the Method to be observed concerning the Lands assigned unto the Adventurers wherein you are expresly to distinguish betwixt what Lands are set out for satisfaction of Arrears grown due in England from what is set out for satisfaction of Arrears grown due in Ireland you are out of the said Certificates and out of the Surveys and Books of Debentures or Books of Distributions or Subdivisions of Lands to any Office or place in Ireland forthwith to cause fair Books to be made up of all the Houses Lands Tenements and Hereditaments set out to the Adventurers Souldiers and
to them and every of them their sufficient Warrant and Discharge And whereas we not apprehending that we should arrive at a Settlement of Our Kingdom of Ireland so soon and with so general Satisfaction to all Interests as we have done did upon the petitions of several persons asserting their Innocence grant Our Letters for the re-possessing such Petitioners of their former Estates or any part thereof which Letters may possibly not answer to Our said Declaration and Instructions which now We look upon as the positive and fundamental Rule for the Settlement of that Our Kingdome the Chief Governour and Governours of that Our Kingdom for the time being and Our Privy Council there are therefore in executing the contents of such Our Letters to observe the same as they shall fall under Our several Rules in Our said Declaration and agreeable to the same and as in these Our Instructions are more particularly expressed and not otherwise For your pains and labour herein and for the pains and labour of such Sub-Commissioners as you shall imploy as aforesaid We do hereby authorize you to ask demand and receive from every Adventurer Souldier or other persons his or their Heirs or Assigns now in possession or to be put in possession of any Houses Lands Tenements or Hereditaments one penny for every Acre of land as admeasured assigned or set out to him or them for ascertaining their respective possessions and likewise for every one to be reprized an Estate worth Twenty Pounds per annum the sum of Ten Shillings and after the same Rate for greater or smaller Reprizes and for every Certificate for Lands to be possessed the sum of Ten Shillings and one penny in the pound for every Debenture that shall be satisfied by you and for the Clerks and Officers to be imployed by you and the contingent Charges relating thereunto that the same be paid out of the moneys that shall be received of the Rents due and payable out of the Securities appointed for the Officers before One Thousand Six Hundred Forty and Nine In the ascertaining stating and setling of any sum or sums of Money Debentures Certificates or Decrees for Arrears Adventures publick Debts Reprizes or other allowed Interests pursuant unto Our said Declaration You are to strike off and deduct all Fractions of odd Pounds Shillings and Pence and likewise in the ascertaining and setting out of the respective Proportions of Lands which shall be setled or granted in satisfaction of any of the aforesaid Interests You are to strike off and deduct all Fractions of odd Acres Roods and Pearches taking care that there be not above the one hundred part of any such sum or sums of Money or proportions of Lands respectively deducted from any one person without his own consent and that you do keep an exact and particular accompt of all the said Deductions in Money or Lands and cause the same to be satisfied as intirely as may be in such convenient proportions and in such places as the chief Governour or Governours of Our said Kingdom for the time being shall appoint which proportions are to be reserved to be disposed of unto such use or uses as We Our Heirs or Successors shall appoint The aforesaid Adventurers and Souldiers being satisfied and the Reprizes made and the several business finished as before is directed you are to deliver up your Books not before in these Instructions otherwise disposed of unto Our Auditor General of that Our Kingdome of Ireland and Duplicates of the same to Our Surveyor General in their Offices to remain as of Record In the management of which said Trust you are from time to time as the case shall require to give an accompt to Our Chief Governour or Governours for the time being and Our Council in Ireland of your Proceedings and to observe and follow such further directions as you shall from time to time receive from Vs or from them pursuant to this Act. And for the more due and impartial execution of Our said Declaration and these Instructions it is Our will and pleasure That no Commissioner or other person imployed acting in this Service shall till the Work be finished purchase by themselves or others in their behalf or to their Vse or in Trust for them or any of them any of the Lands Tenements and Hereditaments that are to be setled confirmed reprized or restored by virtue of Our said Declaration but shall before they enter upon this Trust respectively give in Lists under their Hands of such Lands Tenements and Hereditaments as they are Intituled to or possest of to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being who are to take care for the observing this instruction And you are hereby further required to Reprize John Lord Viscount Massareene and his Heirs with an Estate of like yearly Rent in the Province of Leinster to that of which he stands seized in the Barony of Dunluce in the County of Antrim and to cause Our Letters dated the Eighteenth day of December One thousand six hundred and Sixty and the Fourteenth of August One thousand Six hundred Sixty and one to be put into speedy execution for the full satisfaction of the said Lord Massareene to all intents and purposes which being done you are then to cause the said Estate whereof the said Lord Massareene is seized in the Barony aforesaid to be delivered to Daniel O Neil Groom of Our Bed-Chamber in satisfaction for an Incumbrance of a much greater value wherewith the Barony of Dunluce set out to the Adventurers stands charged for the behoof of the said Daniel O Neil And for the better satisfaction of the Lord Massareene for the Estate of Henry O Neil of Killelaugh in the County of Antrim Esq which he is also to part from You are likewise out of the Forfeited Lands in the County of Dublin to Reprize the said Lord Massareene and his Heirs with an Estate of equal value worth and purchase to that which the said Lord Massareene stands now seized of and which did formerly belong to the said Henry O Neil to hold to him the said Lord Massareene and His Heirs which being done you are then to deliver to the said Henry O Neil the Estate formerly belonging to him whereof the said Lord Massareene is seized as aforesaid as an Adventurer Nevertheless the said several Adventurers shall be subject to such Deductions as other lands according to the Rules of His Majesties Declaration and Instructions and this present Act reserving alwayes liberty and licence to the said Lord Massareene to place and be satisfied on the said deductions such sum of Money as the deductions before mentioned shall amount unto out of what shall be due to him for deficiencies Incumbrances or Arrears before the year One thousand Six hundred Forty and Nine the Arrears to be in such case and manner and at such Rates as are allowed to others before the said year One thousand Six hundred
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 â—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
aforesaid That James Duke of Ormond the Earl of Inchiqueene the Executors of Sir Philip Percivall Knight deceased late Commissary of the Victuals in Ireland who are to be satisfied for what Disbursements were made to the other Commissaries and Officers in the Establishment belonging to the said Imployment by the said Sir Philip Percivall and others who were General Officers Staffe-Officers Officers of the Train Colonels and Majors of Dragoons and Lieutenant Colonels of Horse Be and are hereby intended according to the several Commissions for Satisfaction of their said respective Arrears for Service as aforesaid before the Fifth of June One thousand six hundred forty nine among the rest of the said Officers out of the aforesaid security and are equally to enjoy all benefits and advantages in all particulars whatsoever with any other Commission-Officers serving before the Fifth of June One thousand six hundred forty nine mentioned in this Act according to their respective establishments And be it further Enacted by the Authorized aforesaid That in the Stating of the said Arrears no Officers be allowed for Service in Ulster but such as were of the Army called The Brittish Army and within the establishment of the said Army And that no Company or Troop be allowed but those that were Regimented or Mustered by the Commissary of the Musters as a non-Regimented Company or Troop and actively served during the whole time they pretended unto and received Pay and Quarters with the rest of the Army And be it hereby further Enacted That James Duke of Ormond the Earl of Inchiqueen and such Protestant Officers as served faithfully under his Majesties Lord Lieutenant of Ireland at any time between the Fifth of June One thousand six hundred forty nine and the Tenth of December One thousand six hundred and fifty and never served in any Army since but under his Majesties Authority may have their Arrears stated for that time also and may be allowed satisfaction for the same as for the rest of their respective Arrears and that the Debentures to them respectively for those Arrears be for the whole time without distinction And be it also Enacted That all Adventurers Souldiers their Heirs and Assigns whose Adventures and Lots were set out of the Lands of James Duke of Ormond and who have not been yet reprized shall be satisfied out of the remaining forfeited lands in the County of Catherlogh and also out of the respective moyeties of the ten Counties appointed for satisfaction of Adventurers and Souldiers And further That such Adventurers or Souldiers their Heirs or Assigns as have been or shall be removed upon or by reason of the restitution of the Earl of Roscommon shall be reprized in such sort as deficient and other Adventurers are by this Act intended to be satisfied And be it Enacted That the Right Honourable Arthur Earl of Essex Son and Heir of the Right Honourable Arthur late Lord Capel who in his life time subscribed and paid in his money as an Adventurer for Lands in Ireland and the Right Honourable Thomas Lord Culpeper Son and Heir of the Right Honourable John late Lord Culpeper who also in his life time subscribed and paid in his money as an Adventurer on certain propositions for lands in Ireland and all and every other person or persons their Heirs or Assigns who subscribed and paid in their moneys as Adventurers for lands in Ireland according to the Act or Acts passed in the Parliament begun and held at Westminster on the Third day of November in the sixteenth year of the Reign of Our late Sovereign Lord Charles the First of ever blessed memory and have not yet had Certificates from any Five or more of certain persons late sitting at Grocers-hall shall upon the producing the Original Receipts of the moneys so paid in or making good and sufficient proof therein before the Commissioners to be appointed for execution of the Declaration and Instructions and this present Act be enabled and Intituled to Ask Demand Receive and Have his and their respective satisfaction for their Moneys by a full and equal proportion of Lands out of the moyeties of the ten Counties heretofore set out for Adventurers or elsewhere as fully and amply as any other Adventurer can or may justly claim by vertue of any Certificate or Certificates whatsoever unless he or they have received or accepted satisfaction for the Original moneys so adventured out of Church-lands Crown-lands or other Lands formerly exposed to sale in England And be it further Enacted that where any Adventurer hath delivered up his Original Receipt and taken Certificates from any Five or more of certain persons late sitting at Grocers-Hall such Certificates shall be as effectual in the Law and as available to all intents and purposes as if the Original Receipt had been produced and all and every person and persons having and producing such Certificates shall be and are hereby enabled to have receive possesse and enjoy so much and no more forfeited Lands out of the moyeties of the Ten Counties aforesaid or elsewhere and such number of Acres English or Irish measure respectively as by vertue of the said Certificates shall be certified to be due to him or them respectively Provided alwayes That if it shall be clearly proved before the said Commissioners that the said Certificates do contain a greater quantity of Acres than ought to be given and allowed for the Original money paid that then such Certificates shall not Intitle them to any more Lands then are justly due for the Original subscription and money paid Provided alwayes That nothing in the Declaration Instructions or this present Act herein before or after mentioned shall be expounded construed or taken to give any Right or Title to any Adventurer or Adventurers who adventured their moneys upon certain Ordinances or pretended Ordinances of Parliament made in the years One thousand Six hundred Forty three and One thousand Six hundred forty and seven commonly called The Doubling Ordinances nor to the Heirs or Assigns of any such Adventurer or Adventurers to have hold or enjoy any further or other satisfaction out of the forfeited Lands aforesaid than according to the moneys really and Bona Fide paid in and advanced upon the said Ordinances or pretended Ordinances which moneys shall be satisfied with the like proportion of forfeited Lands according to Irish measure as other Adventurers their Heirs or Assigns who advanced their moneys upon the Act passed in the Parliament held at Westminster the first day of November in the Sixteenth year of the Reign of Charles the First Intituled 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 may and ought to have any Certificate Allotment Distribution or other possession thereof upon the Seventh of May One Thousand Six Hundred Fifty Nine or any other matter or thing to the contrary hereof in any wise notwithstanding Nevertheless It
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
and persons their Heirs Executors or Assigns as do or may claim to the use of or in trust for them or any of them and other than to such person and persons their Heirs Executors and Assigns who shall not be adjudged innocent according to the Qualifications of this present Act all such Estate Right Title and Interest either in Law or Equity as they or any of them had before the making of this Act any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That the Lands Tenement and Hereditaments now in the possession of George Duke of Albemarle or his Assigns which are or shall be confirmed to him his Heirs and Assigns by or in pursuance of this or any other Act of this Parliament or any other Grant from his Majesty his Heirs and Successors shall be continue and remain to him his heirs and assigns for ever to be held in free and common Soccage as of his Majesties Castle of Dublin by Fealty and the yearly Rent of Ten pounds payable at the Two most usual Feasts in the Year viz. Saint Michael the Arch-Angel and our Lady Day by Two most equal Portions at his Majesties Receipt of the Exchequer and freed and discharged from all other Rents Accompts or other Services to his Majesty his Heirs or Successors any thing in this or any other Law Statute or Ordinance to the contrary in any wise notwithstanding Provided also and be it Enacted That the Town of Mollingar in the County of Westmeath with all the houses Castles Tenements Lands and Commons thereunto belonging and forfeited to his Majesty be and they are hereby settled upon Sir Arthur Forbess Baronet and his heires for ever according to a Grant thereof passed unto him by Letters Patents under his Majesties Great Seal of Ireland bearing Date the Seven and Twentieth day of July in the Thirteenth year of his said Majesties Reign And whereas some doubt may arise upon the words of that Clause relating to the satisfaction of such Commissioned-Officers their heirs or assigns who were in Regiments Troops or Companies raised in Ireland or Transported out of England and served his late Royal Majesty of Glorious memory or his now Majesty in the Wars in Ireland at any time before the Fifth day of June One thousand six hundred forty nine whether provision be thereby made for satisfaction of the Arrears due to James Duke of Ormond Robert Earl of Leicester according to their several Commands they bore in the said Kingdom of Ireland Be it therefore Enacted by the Authority aforesaid That all and several Arrears due to the said James Duke of Ormond and Robert Earl of Leicester or either of them by or upon all or any their Entertainments or Allowances according to their Commands aforesaid be and shall be satisfied out of the lands Tenements and Hereditaments and other securities by this present Act laid out and ascertained for the satisfaction of such Officers unto the said Duke and Earl their Heirs or Assigns according to the same rate and in the same manner as such Arrears by this present Act are to be satisfied any Clause or thing in this Act to the contrary notwithstanding And for the better satisfaction of Robert Southwel of Kingsale in the Kingdom of Ireland Esq the sum of Seven hundred pounds by him heretofore furnished for the supply of Our Fleet in the year One thousand six hundred forty eight being then in the Port of Kingsale aforesaid Be it therefore Enacted by the Authority aforesaid That the Forfeited Lands late the freehold and inheritance of Philip Barrioge lying in the Liberty of Kingsale and Barony of Kinalea in the County of Cork in the said Kingdome of Ireland situate lying and being in the several Plow-lands and Places herein after mentioned One Plow-land called Rincorran One Plow-land called Raghmore and one Plow-land called Preehaus lying in the liberty of Kingsale one half of a Plow-land called Toghermeshim half a Plow-land called Currentry Leshane half a Plow-land called Knocknenaffe half a Plow-land called Ballineclashy and one quarter of a Plow-land called Ballinvallin lying and being in the Barrony of Kinelea in the County of Cork all containing by estimation One thousand Three hundred Seventy and two Acres as also parcel of the forfeited lands of James Melliphont videl One Plow-land called Southwaters land wherein is the place called Cilly and Bensons Cow containing about One hundred and Sixty Acres and lying and being in the said liberty of Kingsale be held and emoyed by the said Robert Southwel His Heirs and Assigns in satisfaction and full recompence of his said Debt to hold the same to the said Robert Southwel his Heirs and Assigns for ever subject nevertheless to the like Rents and Services and with like benefit of Reprizal in case of restitution as any adventurer ought to have and also with like benefit or reprizal in case the same be due to any Adventurer or Souldier by virtue of this Act any thing in this present Act contained to the contrary notwithstanding Provided alwayes and be it Enacted by this present Parliament and by the Authority of the same That the Lord ships of Templetown Mooretown and Mouclogh in Cowly in the Diocess of Ardmagh the Lordship of Kilsaran the Rectories of Monasterboies Desert Clougegan and the Lands and Hereditaments of Terman Feigham Doulier and Downam or by what other Name or Names they or any of them are known or called with their and every of their appurtenances shall be and are hereby settled and vested in William Legge Esq one of the Grooms of his Majesties Bed-Chamber his Executors and Assigns for the term of Ninety nine Years to be accompted from the determination of one or more lease or leases heretofore made unto Sir Thomas Plunket Lord of Lowth or to any other person or persons under such Yearly Rents and services as any Adventurers ought to pay within the Province where the premisses do lye unless the Rent formerly reserved were greater in which case the highest Rent is to be paid And whereas there was set out and assigned unto Colonel Carey Dillon certain Lands Tenements and Hereditaments within the Mile-line of Connaught and Clare in satisfaction of a small part of his Arrears due unto him for Service in Ireland before the Fifth of June One thousand six hundred forty nine and by the Declaration confirmed unto him Be it therefore hereby further Provided and Enacted by the Authority aforesaid That the said Carey Dillon his Heirs Executors Administrators and Assignes shall and may receive for the remainder of his Arrears unsatisfied for Service in Ireland before the Fifth of June One thousand six hundred forty nine farther and equal satisfaction with other the Commissioned Officers that shall or are to receive satisfaction for their respective Arrears due before the said Fifth of June One thousand six hundred forty nine by virtue of this Act any thing in this Act contained to the contrary in