of this Kingdom for the time being shall and may assess any sum not exceeding three pence per acre in and out of every acre of profitable land of Plantation measure which is by the late Court of Claims or shall be pursuant to this or the former Act decreed or confirmed or set out or delivered unto any person or persons of the Popish Religion in this Kingdom and the same to cause to be levyed by Distress or otherwise and to be paid unto the receivers herein after mentioned to the intent that Five thousand pounds be paid to Milo Power Esq his Executors Administrators and Assigns and that the residue may afterwards be issued out unto such of the Roman Catholicks of this Kingdom who as Agents or otherwise since His Majesties most happy restitution shall by the Lord Lieutenant or other chief Governour or Governours be judged meriting the same and that in such proportions as the said Lord Lieutenant or other Chief Governour or Governours shall think fit and direct Whereas Colonel Cary Dillon hath been dispossessed of Two thousand and six hundred and four acres of land whereof he was possessed the seventh of May One thousand six hundred fifty and nine as being set out unto him for service in Ireland and which were confirmed unto him by the said former Act amounting to Three hundred and fifty pounds per annum And whereas the late Lords Iustices had by their two Orders bearing date the eighteenth and nineteenth of July One thousand six hundred sixty and two assigned certain lands in the County of Galway unto the said Colonel Cary Dillon for his Reprizal of the whole and also for satisfying of him Three hundred and fifty pounds sterling which was one years rent of what he had lost grown due unto him from the time he had been dispossessed but the said Colonel Dillon received no benefit thereby Be it therefore Enacted by the Authority aforesaid That the Commissioners appointed to put in execution this Act shall forthwith set out and allot unto the said Colonel Cary Dillon his Heirs and Assignes for ever One thousand seven hundred thirty five acres of profitable forfeited lands of twenty one foot to the pearch being two third parts in quantity of what he hath already lost as a Souldier and that the same do in present yield two full third parts of Three hundred and fifty pounds per annum being the value of what he hath lost as aforesaid with as much convenience of building and other advantages thereon as they can in regard of the considerableness of the places and buildings from whence he is removed which shall be granted unto him by like Letters Patents as any other Souldier by this Act are to have And if the said Commissioners shall think it necessary that a Commission be issued for the inquiry into the value of any Lands Castles Tenements or other Hereditaments in order to the setting out of the said Reprize the Chancellour or Keeper of the Great Seal for the time being are hereby required to issue the same Any thing in this Act or the said former Act to the contrary notwithstanding And whereas upon a solemn hearing before His Majestie at His Council Board in England upon a Petition exhibited by several Adventurers and Souldiers against Randall Lord Marquess of Antrim and against the Iudgement and Decree given by the major part of the late Commissioners for execution of the said former Act whereby the said Marquess was adjudged innocent His Majestie after much time spent in the examination of the case declared that he saw no cause why the said Marquess should be adjudged innocent much less that the Commissioners not at all considering the proofs which they heard against the said Marquess should lay the whole weight of their judgement upon His Majesties Certificate the said Certificate being onely to declare that the Marquess was imployed into Ireland to procure what Forces he could from thence to be transported into Scotland for his late Majesties service under the late Marquess of Montross To the end that the conversation of the said Marquess of Antrim in the Rebells quarters which was necessary for that service might not according to the letter of the former Act render him criminal if that had been the onely as it was the least objection against him And therefore His Majestie resolved that the said Marquess of Antrim should undergoe a new tryall to prevent which the said Marquess of Antrim by an humble Petition to His Majestie did acknowledge himself guilty and humbly besought His Majestie That he might be supported by his mercy as being not able to support himself by his own innocence Therefore His Majestie is pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the said Decree and all and every clause therein contained shall be and so is hereby declared to be null and void to all intents and purposes as if the same had never been had or made Nevertheless His Majestie Reflecting upon the many services heretofore performed by the said Marquess towards his Royall Father of Blessed Memory and some eminent services done by the said Marquess for his Majestie himself the said Marquess having besides assisting him with Arms and amunition when he was in the West furnished him with shipps to make his escape into forraign parts when his Armies were defeated in the West and considering that His Majesties mercy is by this Act extended to some who have as much Demerited Is graciously pleased that it may be further Enacted and be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizall set out restore and allot unto the said Marquess of Antrim or cause to be set out restored and allotted unto the said Marquess of Antrim all and singular the Honors Mannors Castles Messuages Lands Tenements and Hereditaments and all other the estate right title and interest whereof the said Randall Lord Marquess of Antrim or any other person in trust for him or to his use was seized or possessed on the two and twentieth of October One thousand six hundred forty and one the lands in the Barony of Glanarme herein after mentioned to be restored to Alexander Macdonell and also all impropriations and appropriat tithes excepted And that the said Marquess of Antrim shall hold and enjoy all and singular the lands Tenements and Hereditaments so restored unto him the said Marquess of Antrim except before excepted and the Heirs males of his Body begotten any thing in this or the said former Act contained to the contrary notwithstanding Subject nevertheless to such Debts and other Incumbrances as the same were or ought to have been Subject unto upon the said two and twentieth day of October One thousand six hundred forty one and to such Leases and estates thereof made for satisfaction of Creditors as are provided for in and by the said former Act and
all singular claims and demands not particularly allowed and provided for in and by this present Act. And whereas some question or doubt hath arisen whether the Lands of any Officers or Souldiers were to be confirmed to them by the said Act unless they had been formerly and were of the Army at the time of the making your Majesties Declaration of the thirtieth of November one thousand six hundred and sixty Be it declared Enacted and Explained by the authority aforesaid that the word And used in that part of the said Act which relates to them shall be taken disjuncttively as if it had been or so that no such Officer or Souldier his Heirs or Assigns shall be excluded the benefit of the said Act or this present Act if he had been formerly of the Army and in Possession as aforesaid the seaventh day of May one thousand six hundred fifty nine though he were not of the Army the thirtieth of November one thousand six hundred and sixty or at any time since And to the end that the persons estates and interests of his Majesties Protestant Subjects of whom his Majestie ever had and still hath greatest care and consideration in the Settlement of this his Kingdom may be first provided for Be it further enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their and every of their Heirs Executors Administrators and Assigns respectively who upon the seaventh day of May One thousand six hundred fifty nine were seized or possessed of any Messuages Mannors Lands Tenements or Hereditaments for or towards the satisfaction of any Adventures or arrears which by the rules of this or the said former Act are allowed to be satisfied And all and every other the Adventurers commonly called deficient Adventurers whether they be deficient in whole or in part that is to say such Adventurers who never had any Lands set out to them in satisfaction of their Adventures or were never fully satisfied for the same And the Heirs Executors Administrators and Assigns of such Adventurers respectively shall have hold and enjoy and be setled and confirmed in so much of the forfeited Lands which by this Act are vested in His Majestie as will amount to two full third parts of what they or those under whom they claim had or in cases of deficiencie ought to have had upon the Seaventh of May One thousand six hundred fifty nine in manner following That is to say The Commissioners for execution of this Act shall diligently examine and compute or cause to be computed what quantity of Land any such Adventurer or Souldier or the Heirs Executors Administrators or Assigns of such Adventurer or Souldier respectively had or were seized or possessed of on the Seaventh of May One thousand six hundred fifty nine or of right ought to have had and been seized and possessed of upon the Seaventh of May One thousand six hundred fifty nine in case he were a deficient Adventurer or the Heir Executor Administrator or Assignee of any deficient Adventurer And shall set out and allot or cause to be set out and allotted unto every such Adventurer and Souldier his and their respective Heirs Executors Administrators and Assigns so much forfeited land as in quantity of Irish profitable Acres to be computed by Irish measure according to the Down Survey or Down admeasurement and not otherwise where the Down Survey hath been taken and where the Down Survey hath not been taken by the Survey taken in the Earl of Straffords time or by some other Survey to be taken according to Irish measure wherein the unprofitable Land is to be cast in together with the profitable according to the method of the said Down Survey will amount unto full two third parts the whole in three parts being divided of what such person or persons to whom such allotment shall be made as aforesaid or those under whom they claim did hold and enjoy or in cases of deficiencie of right ought to have held and enjoyed upon the Seaventh of May One thousand six hundred fifty nine which said two third parts so as aforesaid to be allotted shall be held and enjoyed by the persons to whom such allotment shall be made according to the tenor of their several and respective Letters Patents herein after directed to be granted and in full satisfaction of any right claim or demand which by virtue of the said former Act can or may accrew for or in respect of any Adventures or arrears any retrenchment of a third part by this Act or other matter or thing in the said former Act contained to the contrary notwithstanding And in case any Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Connaght or Clare before the first of September One thousand six hundred sixty and three his or their Heirs Executors or Assigns shall be found to be in possession of any messuages Lands Tenements or Hereditaments which by virtue of any clause herein after following ought to be restored and delivered up to any person or persons herein after named the Commissioners for execution of this Act shall in the first place and before any such Restitution made cause so much other forfeited or vested Land to be set out as in quantitie of Acres will amount to full two third parts of the Land so as aforesaid to be restored and that the persons so to be removed be duly Possessed of and setled in his said two third parts according to the rules of this Act And the Commissioners for execution of this Act are hereby required and enjoyned to take care that the Estates and Interests of His Majesties Protestant Subjects in Ireland be setled with all convenient Speed and that such parts of this Act as have a rendencie thereunto be put in execution in the first place and before any other parts of this or the former Act which relate to other matters And to the end there may be as little change and alteration of Possessions as can consist with the ends and aimes of this present Act And that every persons improvements may be preserved unto him as much as is possible Be it further Enacted by the Authority aforesaid That where any Adventurer or Souldier or the Heir Executor assignee or assignes of any Adventurer or Souldier shall be found to have in his or their possession more Lands undecreed away than his or their full two third parts will amount to according to the aforesaid rules of distribution and allotment that in every such case it shall and may be lawful for him or them to continue possession of so much as the Commissioners shall adjudge his or their two full third parts to amount unto and to cut of the overplus at his or their own election in such manner as that the overplus relinquished or surrendred by him or them may be contiguous and as neer as may be within the same denomination
in which retrenchment the unprofitable Lands as well as profitable are to be reckoned and parted with together in like manner and proportion as the same were set out together according to the said Surveyes and in default of due retrenchment and cutting of the overplus in such manner as the Commissioners shall approve and within such time as the Commissioners shall direct the Commissioners shall cause the overplus to be set out and ascertain the residue whereof possession is to be retained in such manner as they shall think fit observing therein rules of contiguitie and conveniencie asmuch as may be and reserving to him or them his or their house and the improvement about it and the like rule is to be observed in the retrenchment to be made of the overplus of such Lands which have been set out in satisfaction of any Adventurers upon the Ordinances commonly called the doubling Ordinances and in the retrenchment which is to be made from the Protestant purchasors in Connaght and Clare and where any Adventurer or Souldier or the Heir Executor Administrator assignee or assignes of any Adventurer or Souldier shall be found to be possessed of less Land than his or their full two third parts will amount unto according to the rules of this Act that then and in such case it shall and may be lawful for him or them to continue and retain the possession of what he or they have and that the residue of what is wanting to make up his or their full two third parts as aforesaid be forthwith set out and made up out of some other forfeited Land to be allotted set out and ascertained by the Commissioners as aforesaid and as neer as may be with convenience to the Lands in his or their present possession any thing in the former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their heirs Executors assignee or assignes who upon the Seaventh day of May One thousand six hundred fifty and nine were or ought to have been possessed of any Lands Tenements or Hereditaments set out for satisfaction of any Adventurers or arrears not since decreed away by such decrees as are herein confirmed shall and may retain the Lands in his or their possession or so much thereof as by the Commissioners for Execution of this Act shall be adjudged to amount to his or their full two third parts any mistake or Misnomer of the County or Barony wherein the Lands set out for Adventures or arrears and so possest do lie to the contrary notwithstanding And it is likewise declared that the Adventurers and Souldiers their Heirs Executors and assigns who have voluntarily relinquished or been removed from the Estate of James Duke of Ormond and put into possession of any other Lands in the County of Catherlagh not since decreed away from them and all others who have relinquished any Lands whereof they were possest the Seaventh day of May One thousand six hundred fifty and nine in obedience to his Majesties Letters and have since been removed to other Lands not decreed away from them shall have like libertie of retaining the Lands whereof they are now possest or so much thereof as shall be adjudged to amount to his or their full two third parts as he or they might have had if they had been so possessed upon the Seaventh day of May One thousand six hundred fifty and nine and what is wanting of two third parts shall be made up and supplied by the Commissioners out of some other forfeited Lands by them to be allotted And be it further Enacted by the Authority aforesaid that all and every the deficient Adventurers and the Heirs Executors assignee or assignes of such deficient Adventurers who are to be satisfied for two full third parts of such their deficiencies in quantity of acres to be set out and allotted as aforesaid And all and every other the Adventurers Souldiers Protestant Purchasors in Conaught and Clare their Heirs Executors Administrators and Assigns respectively to whom any Lands Tenements or Hereditaments are by the rules of this Act to be set out and allotted for the supply and making up of his and their full two third parts shall be satisfied in the same Barony and County or in the next Barony and County neerest in value to their respective deficiencies and allotments if the same can conveniently be done And in order hereunto the Lord Lieutenant or other chief Governor and Governors and Council for the time being are hereby enjoyned to settle and declare the several degrees of values of the respective Counties and Baronies which declaration shall be a rule and guide to the Commissioners in execution of any part of this Act where the considerations of values shall be necessary or material And where any Adventurer his Heirs Executors Assignee or Assignes shall be found to be deficient in part and yet to have more Lands in one particular Barony or County than his or their lot in that particular Barony or County would have amounted to it shall and may be lawful to and for him or them to retain and keep in his or their own possession so much of the overplus whereof he or they shall be possessed in one Barony or County as shall be judged equal by the Commissioners for and towards the satisfaction of his and their deficiency in any other Barony or County so always that the whole which he or they shall so retain exceed not the due proportion of full two third parts which he or they ought to have according to the rules aforesaid And where any Adventurer or Souldier or the Heirs Executors Administrators or Assigns of any Adventurer or Souldier shall be found to have more Lands in his or their possession than will satisfie the two third parts which he or they ought to have by the rules of this Act and yet shall have no deficiencies of their own to place upon such overplus that there and in such cases it shall and may be lawful to and for such Adventurer and Souldier his and their Heirs Executors Administrators or Assigns to buy in and purchase of any other Adventurer or Souldier or the Heir Executor Administrator or Assignee of any Adventurer or Souldier his or their right and title in and to the satisfaction of any deficiencies within the same Province which are satisfiable by the rules of this Act and to be satisfied for the right and title so bought and purchased as aforesaid by retaining the overplus Land whereof he or they were seized or so much thereof as shall not exceed the due proportion of two full third parts which ought to be applied to the satisfaction of such deficiencies And be it further Enacted by the Authority aforesaid That where any Adventurers or Souldiers Commission'd Officers who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Conaught or Clare before the
the new Survey if the same exceed not one tenth part of what is due to the Defendant or Defendants no Retrenchment shall be made Seventhly If the overplus exceed a tenth it shall be lawful to and for such Defendant or Defendants possessed of the overplus to retrench the same where they think fit so as such Retrenchments be contiguous and of unprofitable land together with the profitable but is hereby discharged of all accompts for the Measn profits of the landes so retrenched Eighthly If the information of false admeasurement be against a Souldier or his Heirs or Assigns there the lot of the whole Regiment Troop or Company shall be first surveyed and if the same exceed not one tenth part of what such Regiment Troop or Company ought to have then no survey shall be taken of any individual lot or proportion Ninthly Where the lot of the Regiment Troop or Company shall exceed one tenth part of what they ought to have there the individual parcel to be admeasured if there be cause of Retrenchment may retrench where he thinks fit so as such retrenchment be contiguous Tenthly Whereas some lots for satisfying the Army fall in a good and bad County or Barony such as Kerry and Limerick Dowhallow and Orrery whereas the Souldiers before they came to a particular Dividend of their general lot did mutually consent that when a lot should fall in a bad County or Barony the persons to whom it there fell should have more acres when it fell in a good County they should have less acres or that the acres in the bad County should have a less rate or value set on them And the acres in the good County a greater rate or value should be set on them It is therefore declared that no overplus of acres in the bad County shall be considered as such an overplus as is lyable to retrenchment but with a due respect to such mutual agreements as were made in the general lot of the Regiment Troop Company or Society before the persons concerned in it came to a subdivision Eleaventhly No defendant or defendants whose lotts are not to be found within the books of distribution books of debentures or books of Grocers-Hall shall be liable to any new survey or readmeasurent his evidences being lost Twelfthly and lastly All proceedings in order to a new Survey or readmeasurement which shall not be finished and perfected within nine monthes next after passing this Act shall cease and be void and the defendant to be discharged of all such inquiries for concealments upon such informations And for the further directions of the Commissioners for execution of this Act in their proceedings touching Incumbrances It is â—â—reby declared that where the estate in any messuages Laâ—ds Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is noe other nor greater than for the life of such Claimant onely there and in such case the Commissioners for Execution of this Act shall give the person or persons against whom such decree hath been made or those who claim under them his and their election whether they will accept the reversion in fee of the Lands so incumbred with an estate for life expectant upon the determination of the said estate in lieu of their two third parts for the same or will rather choose to have their full two third parts set out and allotted to them presently out of some other forfeited Lands And the Commissioners shall give them certificates in order to their passing of Letters Patents either of the reversion of the whole or of two third parts in possession according as such election shall be made And where the estate in any Messuages Lands Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is such an estate in remainder or reversion as will leave unto the person or persons against whom such decree hath been made an estate for the life of some other person onely The Commissioners for Execution of this Act shall likewise give the person or persons against whom such decree hath been made or those who claim under them his or their Election whether they will choose to continue the possession of the whole Land during the life of such person and accept the estate for life in the whole Land in satisfaction of one of the third parts which would otherwise be due by the rules of this Act and demand no further allotment of any other forfeited Land than what shall be equal in quantity of acres to one third part onely or whether they would rather desire to have their two full third parts to be set out and allotted presently out of some other forfeited Lands and to relinquish the possession of that estate which they hold for life And the Commissioners are to proceed to give certificates in order to Letters Patents according to the consequence and event of such election And be it further Enacted by the Authority aforesaid that the Commissioners for Execution of this Act do forthwith and with all convenient speed set out and allot or cause to be set out and allotted unto the Archbishops and Bishops in the said former Act in that behalfe named respectively and to their and every of their respective Successors for ever such augmentations and allowances and out of such Lands as were formerly held or reputed to be held in fee farm of any Archbishop Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their politick capacitie under the reservation of any cheifry rent or other duty or service and in such way and manner as by the said former Act is directed and appointed Provided alwayes and be it Enacted that where any Mannors Lands or Tenements not lying within the securitie set a part for the satisfaction of the Commissioned Officers who served in Ireland before the fifth of June One thousand six hundred forty nine nor by the said former Act or this present Act otherwise disposed to any particular person or persons have been given and granted to any such Archbishop or Bishop and his and their Successors by virtue of any Letters Patents under the Great Seal of Ireland bearing date since the passing of the said former Act for or towards his and their respective augmentations and allowances that then and in such cases the Commissioners for Execution of this Act shall cause the Lands so granted as aforesaid to be surveyed and valued and if upon the return of such survey it shall appear that the lands so granted as aforesaid do not exceed the value of such Augmentations and allowances as by the said former Act were intended to be settled upon the respective Archbishops and Bishops to whom such Letters Patents were granted then the lands so granted as aforesaid shall be held and enjoyed by the several and respective Archbishops Bishops and their Successors according to the tenor of their respective Letters Patents And that the
said Letters Patents shall be of like force and effect as any other Letters Patents granted to Adventurers or Souldiers by virtue of this Act are or ought to be but if the lands so granted as aforesaid shall exceed the value of such Augmentation as by the said former Act was intended to be settled on the Archbishop or Bishop to whom the said lands were granted then the Commissioners for execution of this Act shall cause such Retrenchment of the overplus to be made as may leave unto the respective Archbishops and Bishops his and their due Augmentations and Allowances with as much conveniency and contiguity as may be and the Lands and Tenements so left unto the said Archbishops and Bishops shall be held and enjoyed by them and their Successors respectively as fully and amply as the same might have been enjoyed in case the lands granted by the said Letters Patents had not exceeded the value intended by the said former Act and the said Letters Patents as to so much of the lands therein contained which shall be retrench'd by the Commissioners as aforesaid are hereby declared to be null and void and the lands so retrench'd shall remain and be vested in His Majestie to the uses of this present Act And if the lands so granted as aforesaid shall fall short of the value of such Augmentations as in and by the said former Act was intended to be settled the Commissioners for execution of this Act shall cause the same to be supplied and made up by a further allotment out of such lands and in such way and manner as by the said former Act was directed And it is further Enacted That in lieu of such provision for glebes as by the said former Act was intended the said Commissioners shall likewise set out so many Acres of Land more as may be sufficient to endow or supply all and every the Parochial Churches in this Kingdom with ten acres of Glebe at the least except such Parochial Churches as are endowed with the like or a greater quantity of Glebe already and that the same be so allotted as may be most contiguous and convenient to and for the several and respective Parish Churches hereby intended to be endowed in which provision Parishes united or to be united by virtue of an Act intituled An Act for real union and division of Parishes and concerning Free-Schools and Exchanges are to be understood but as one Parish and Parishes within great Cities and walled Towns are not at all intended to be comprehended and the like care both for contiguity and conveniency is to be had in the setting out of the Augmentations of the several Archbishopricks and Bishopricks not already provided for as aforesaid as far as may be without the too great prejudice of the present Possessor who is to be removed and after the lands set out for the several Augmentations and Glebes as aforesaid the Commissioners shall certifie their proceedings to the Lord Lieutenant or other chief Governour and Council for the time being And in case the proceedings of the Commissioners shall be there approved and allowed then the lands set out for Augmentations and Glebes as aforesaid shall be and are hereby vested and settled respectively in the several and respective Archbishops and Bishops and Incumbents of Parochial Churches and their Successors for ever and Letters Patents thereof are to be passed to them and their respective Successors in like manner as is directed in the cases of Adventurers and Souldiers and to be of like effect subject nevertheless to the Quit Rents hereafter mentioned and no other And to the end the Revenues of the Church may be more speedily settled Be it further Enacted by the Authority aforesaid That the Lands held or reputed to be held in Fee Farm of any Archbishop or Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their Politick capacity and by this Act vested in His Majestie and the several Impropriations forfeited to and by these Presents vested in His Majestie shall be permitted to remain and continue in the possession of the several Archbishops Bishops and other Incumbents until the several and respective Augmentations Endowments and Glebes set out and satisfied as aforesaid and from and after the Augmentations satisfied the residue of the lands held in Fee Farm as aforesaid shall remain subject to the uses of the former Act not changed by this Act and to such other uses as in this Act are limited and appointed And all and every the Impropriations or appropriate Tythes vested in His Majestie by these Presents or otherwise escheated to His Majestie in Right of His Crown and by the said former Act vested and settled in the present and future incumbents and their Successors shall likewise remain and be vested in the present and future Incumbents and their Successors Subject nevertheless to such reservations provisoes conditions exceptions and other limitations Authorities and dispositions as by the said former Act the same were made Subject unto so alwayes that all and every the matters and things which by the former Act were limited and appointed to be done within the space of two years from and after the passing of the said Act be likewise done within the space of two years from and after the passing of this present Act. And be it further enacted by the authority aforesaid that all guifts grants feoffments fines and other conveyances hereafter to be made by any Archbishop or Bishop of any Mannors Lands Tenements or Hereditaments which by virtue of or in pursuance of this or the said former Act intituled An Act for the better Execution of His Majesties gracious Declaration for the Settlement of his Kingdom of Ireland and satisfaction of the several interests of Adventurers Souldiers and other his Subjects there have already been or hereafter shall be granted unto or settled upon any Archbishop or Bishop and his Successors as an augmentation of the revenue of such Archbishoprick or Bishoprick respectively other than for the term of one and twenty years or three lives from such time as any such lease grant or assurance shall begin And whereupon the full moyety of the yearly value and improved rent as the same are now worth to be let shall be reserved and payable during the said term of one and twenty years shall be utterly void and of none effect to all intents and purposes This Act or any other Act law custome or usage to the contrary notwithstanding And the Commissioners for Execution of this Act shall likewise set out or cause to be set out so many more acres of profitable Land as may be of the yearly value of three hundred pounds per ann or may be sufficient to answer and secure a yearly rent charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the support and maintenance of the Provost of Trinity Colledge neer Dublin and his Successors
and be settled upon the said Provost of Dublin and his Successors in such way and in such manner as the Lord Lieutenant or other cheif Governour or Governours of Ireland and Council for the time being shall direct And the Commissioners shall likewise set out or cause to be set out so many more acres of profitable Lands as may be of the yearly value of three hundred pounds or may be sufficient to answer and secure a yearly rent-charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for and towards the support and maintenance of the Fort at Duncannon and be setled for that purpose in such way and manner as the Lord Lieutenant or other chief Governour or Governours and Council for the time being shall direct and in the setting out of the said Lands the Commissioners shall not be obliged to proceed by any rules of contiguitie but onely to take care that the value intended be secured And the Commissioners shall likewise set out or cause to be set out so many acres more of profitable Lands as may be of the yearly value of one hundred pound per ann or may be sufficient to answer and secure a yearly rent-charge of one hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the Corporation of Bandon Bridg and their Successors and be granted to them by Letters Patents in such manner as other Letters Patents are herein after directed Nevertheless if any Lands have been already set out for that purpose the Commissioners are to cause the same to be valued and to retrench so much thereof as shall exceed the value of One hundred pounds per ann And if the whole fall short of that value to cause the same to be supplyed by further allotments as aforesaid And be it further Enacted by the Authority aforesaid That the Protestant Commissioned Officers who were in Regiments Croops or Companies raised in Ireland or transported out of England and served His Majestie or His Royal Father before the fifth day of June One thousand six hundred forty and nine and are not excluded by the said former Act and all others mentioned and intended by the said former Act to be satisfied equally and together with the said Commissioned Officers out of the fame security who received no Lands or money for their pay due unto them for their said service their Heirs Executors Assigneâ— or Assignes and also John Bartlet and the Heirs of Thomas Bartlet their Heirs and Assignes shall hold and enjoy and be continued and confirmed in all and singular the Messuages Mannors Land Tenements and Hereditaments not already decreed away by the Commissioners for Execution of the said former Act and in the benefit arising from the redemption of Mortgages statutes and judgements and in all other the benefits and advantages whatsoever arising or accruing unto them by any Clause in the said former Act contained other than the years rent and the year and halfs rent therein mentioned which rents are herein after otherwise satisfied and discharged And it is hereby Explained Declared and Enacted That these words The benefits arising from the Redemption of Mortgages Statutes staple and Judgements where the lands are not already disposed of to Adventurers or Souldiers shall be understood and expounded and so are hereby adjudged to be meant and intended of all benefits of that nature which on the two and twentieth of October One thousand six hundred forty and one or at any time since were belonging to any Irish Papist or Roman Catholick not already declared innocent by the Commissioners for execution of the said former Act although the lands were not actually sequestred saving and reserving as herein after is saved and reserved and that the Commissioners for execution of this Act shall cause all and every their securities for satisfaction of such arrears arising by the said former Act or this present Act to be equally divided and distributed amongst all and every the said Commissioned Officers and other the persons aforesaid and the Heirs Executors Assignee or Assigns of such Commissioned Officers and other the persons aforesaid according to the proportion of their respective Arrears stated or appointed to be stated by this Act And therein care is principally to be taken that such Officers who served before the fifth of June One thousand six hundred forty and nine and have yet had no satisfaction for their service in land or money their Heirs Executors Assignee or Assignes may be satisfied in the first place after the rate of Twelve shillings six pence in the pound if the same will so far extend And if there shall be found any surplus then the same shall be equally distributed amongst all the Officers who served before the fifth of June One thousand six hundred forty and nine and have any arrears due to them as well those who have formerly had satisfaction in part as those who have yet had no satisfaction and amongst the respective Heirs Executors and Assigns of such Officers And that all and every the respective securities herein before mentioned shall be forthwith put out of charge without any fees to be therefore paid in order to the distribution aforesaid and until such distribution made shall be managed for the benefit of the persons herein concerned by such persons as in the said former Act is directed And in case any lands or houses within any of the securities aforesaid shall by any particular Clause in this Act be disposed unto or settled upon any person or persons not being a Commissioned Officer as aforesaid nor having the same in satisfaction of arrears due for service before the fifth of June One thousand six hundred forty and nine or by way of confirmation of some Clause in the former Act The Comissioners for execution of this Act shall set apart so much other forfeited land as may be sufficient to reprize the said Commissioned Officers for such loss and damage as they shall sustain by such Clause that so the said securities may remain and continue to and for the benefit of all persons therein concerned as full and ample as the same would have been by virtue of this Act if such particular Clauses or Dispositions had never been had nor made And the Commissioners shall cause the distribution of lands and houses within the security of the said Officers to be fairly entred in Books as is before directed in the Settlement of Adventures and Souldiers to the end that such persons who shall be settled in any of the respective securities may be enabled to demand Letters Patents of the Houses Lands and Tenements Rights of Redemption sums of money and other the premises which shall be allotted to them for their proportion which is hereby Enacted shall be granted accordingly and shall be good and effectual in Law according to the tenor and purport of the
Heirs and Successors to the uses herein before and after mentioned And where any of the lands so purchased have been evicted by any Decrees herein after confirmed or shall be given or restored to any person or persons by any special clause or provisoe herein contained The Commissioners for Execution of this Act shall set out and allot unto the person prejudiced by such Decree or clause so much other forfeited land as may be equal in quantity of acres to two third parts of the lands so evicted or restored as aforesaid And it is likewise further declared and Enacted That the persons to be settled in Connaght and Clare as aforesaid and from whom a third part is to be Retrencht and cut of as aforesaid shall be and are hereby discharged of and from the years rent reserved and payd by Charles Earl of Mountrath and others in a particular clause in the said former Act mentioned and of and from all the arrearages thereof And be it further Enacted by the authority aforesaid That neither Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine Protestant purchasor in Connaght and Clare transplanted person Nor the Heirs Executors Assignee or Assignes of them or any of them nor any other person or persons Body Politick or Corporate who by the said former Act of Settlement is or are any way intituled to reprizals for or in respect of some possession which they have quitted or of some Decrees which have been made against them or otherwise shall at any time hereafter be enabled to demand or have the same reprizals further than what will amount to his and their full two third parts as aforesaid but shall be thereof for ever barred and excluded any thing in the said former Act to the contrary notwithstanding His Royal Highness James Duke of York His Grace George Duke of Albemarle and such others herein after mentioned according to the provision herein after made onely excepted And be it further Enacted by the Authority aforesaid That no Adventurer or Souldier nor the Heir Executor Assignee or Assignes of any Adventurer or Souldier who before any Decree of innocence made by the Commissioners for Execution of the said Act did by himselfe or any other directly or indirectly compound or agree with any Irish claimant whose claim was then depending before the said Commissioners shall ever be admitted to receive or have his two third parts or any other satisfaction for that part of his estate which he so compounded or agreed for but as to so much of his estate for which any agreement was made as aforesaid shall be for ever barred and concluded to demand his two third parts as if the person so agreeing had never been seized or possessed of the same or intitled thereunto so as such Composition or agreement be made to appear before the Commissioners for execution of this Act within three moneths after their first sitting And for the better improvement and ascertaining of His Majesties Revenue Be it further Enacted by the Authority aforesaid That all lands by this or the former Act vested in His Majestie or restored by virtue of any Decrees herein after confirmed or settled or mentioned to be disposed restored confirmed or settled unto or upon any person or persons Bodies Politick or Corporate by virtue of any Clause in this or the said former Act contained and not particularly by plain and express words excepted from Quit Rents in the same Clause and the Lands by this Act appointed to be set out for Augmentation of Bishopricks for endowment of Parochial Churches with Glebe for the better support of the Provost or of the Provost and Fellows of the Colledge of Dublin for the maintenance of the Fort at Duncannon and the benefit of the Corporation at Bandon-Bridge and all the lands enjoyed by transplanted persons in the Province of Conaght or the County of Clare and all other the Lands seized sequestred or set out by reason of or upon accompt of the late Rebellion or War the lands of James Duke of Ormond Elizabeth Lady Dutchess of Ormond the Earl of Burlington and Cork the Earl of Roscommon and other the Protestants of Ireland heretofore sequestred onely excepted be subject and liable to such Quit-Rents to be paid unto His Majestie His Heirs and Successors as in the former Act is directed and appointed Saving onely that the lands in the Province of Ulster which by the former Act were charged with one peny the Acre Quit-Rent shall be and are hereby charged from henceforth with two pence the acre Quit Rent Nevertheless because it may so fall out that in some Counties and Baronies of this Kingdom the Quit Rents which by the Rules of this Act will be chargeable upon and issuing out of the lands therein lying may exceed or at least amount to the full value of the land therewith charged or very neer the full value to the great discouragement of all Plantation and Improvement thereupon Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other chief Governour or Governours and Council for the time being at any time during the space of three years from and after the passing of this present Act to make such abatement and moderation of Quit Rents as they in their judgements shall think fit and that such Order of Council as shall be made touching the abatement of Quit Rents and enrolled in the Court of Exchequer shall be as good and effectual as if the same had been Enacted by these Presents Any thing herein contained to the contrary notwithstanding And for the better carrying on of this present Settlement by raising such a sum of money as may be sufficient to buy of several Estates and Interests which by virtue of the said former Act are now in being and if they should be strictly challenged and demanded according to the tenor of the said Act would in a great measure delay and hinder the execution of this present Act Be it further Enacted by the Authority aforesaid That one years rent of all the lands in Ireland which were returned by the Civil survey to belong to any Irish Papist Popish Recusant or Roman Catholick according to the values of the same lands were let at in the year One thousand six hundred fifty and nine and of all other the lands wherein any Adventurer or Souldier his Heirs Executors or Assigns hath any benefit of Settlement or Confirmation by virtue of this present Act the lands settled by Erasmus Smith to any pious or charitable use onely excepted be forthwith raised and paid unto the Receivers herein after constituted and appointed by two even and equal payments the first payment thereof to begin upon the first day of February which shall be in the year of our Lord One thousand six hundred sixty five the second payment to be upon the first day of
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
Sir Courtney Pool Baronet and other the persons intitled to the said estate so long as the said Lord Vice-count shall have issue male of his body were still to continue their possession Nevertheless His Majestie being desirous that all just interests should be provided for and being willing to extend his mercy unto the said Nicholas Lord Vice-count Nettervill as far as may stand with His Iustice is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act doe forthwith set out unto the said Edward Smith Esq Sir Courtney Pool Baronet and other the persons intitled to the lands of the said Lord Vice-count their Heirs and Assigns their several and respective two third parts which by the rules of this Act they ought to have and after such two third parts set out shall restore the said Lord Vice-count Nettervill unto the possession of all and singular the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdom of Ireland with his deceased Father and Grandfather or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses or any other or others to whom he may or can derive as heir or otherwise had held or enjoyed or of right ought to have held or enjoyed on the Two and twentieth of October One thousand six hundred forty one Rectories and Parsonages Impropriated and Appropriate Tythes excepted and that the said Lord Vice-count shall hold and enjoy all and singular the Lands Tenements and Hereditaments so restored according to such Estate Right and Title as he ought to have had in the same in case he had been adjudged innocent and no other and also shall be and is hereby restored in blood to all intents and purposes Any thing in this present Act or the said former Act or any other Act Law Statute Ordinance Order Outlary Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or Decree or any other matter clause or thing to the contrary notwithstanding And because the Estate Right and Inheritance of in and unto several Lands Tenements and Hereditaments is by several clauses in this Act vested and settled in or otherwise disposed of unto several persons in the said several and respective clauses particularly named and mentioned whereby great prejudice may arise unto others whose right was not intended to be barred or extinguished if a timely remedye be not provided Be it therefore Enacted by the Authority aforesaid That in all and every such clauses it shall be understood and so is hereby Declared That all the right title and interest either in law or equity which any person or persons Body Politick or Corporate their Heirs Executors Successors or Assignes or any of them had on the Two and twentieth day of October One thousand six hundred forty one or at any time since other than His Majestie His Heirs and Successors and those who shall or may claim by from or under His Majestie His Heirs and Successors or any of them by virtue of this or the said former Act and other than such person or persons Bodies Politick or Corporate their Heirs Executors Successors and Assigns whose right is particularly mentioned to be barred and excluded shall be and is hereby preserved unto them their Heirs Executors Successors and Assignes respectively as fully and amply as if a particular saving of Rights had been annexed to and repeated in every such clause any thing in this Act contained to the contrary notwithstanding And whereas in and by the said former Act the fractions of od pounds shillings and pence were to be struck off and deducted out of all sums of money Debentures Certificates or Decrees for Arrears Adventures Publick Debts Reprizes or other allowed Interests which according to the said Act were to be ascertained stated or settled and the fractions of od acres roods and pearches were also to be deducted out of the respective proportions of lands which should be granted or settled in satisfaction of any of the aforesaid interests so as such deductions did not exceed the hundredth part of the money or lands out of which such Deductions were to be made which Deductions were appointed to be satisfied as intirely as might be in such convenient proportions and places as the Chief Governour or Governours of Ireland for the time being should appoint and reserved to be disposed to such uses as His Majestie His Heirs or Successors should appoint His Majestie is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That no fractions of od pounds shillings or pence or of od acres roods or pearches or any satisfaction for the same be at any time hereafter made or given unto His Majestie His Heirs or Successors or unto any other person or persons claiming the benefit thereof by virtue of any Patent Grant or other Assignment from His Majestie but that the same be for ever released and discharged and that all and every the clauses in the said former Act touching and concerning the giving or reserving such fractions and the satisfaction thereof unto His Majestie His Heirs and Successors shall be and are hereby repealed and made void to all intents and purposes as if the same had never been had nor made Any thing in this or the said former Act to the contrary notwithstanding And whereas the survey admeasurement of certain lands in Ireland was heretofore undertaken and finished by Sir William Petty Knight upon an agreement made with the Souldiers to have for his pains one penny for every acre so surveyed and admeasured as aforesaid whereof part hath been already paid and some doth still remain in arrear to the end therefore that satisfaction be made to Sir William Petty for what remains unpaid by the Souldiers their Heirs or Assigns and for His better encouragement to finish the several Mapps and Descriptions of this Kingdom Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being with any six or more of His Majesties Privy Council shall have power to examine how much of the said penny the acre hath been already paid and for what lands and how much thereof remains behind and unpaid and to give Order or Orders Warrant or Warrants for the levying and receiving one penny per acre out of all the lands in the admeasurement whereof he was imployed that have been or shall be appointed to be set out for satisfaction of arrears out of which such acrige was agreed or ought in justice to be paid and hath not been already paid and to give such further encouragement to the said Sir William for the finishing of the said Mapps as they shall think fit And that it shall and may be lawful to and for Sir
William Petty his Executors Administrators or Assignes from time to time as often as any such Order or warrant shall be made to enter into all and every the lands in such Order or warrant mentioned and to levy the respective summs therein appointed to be paid not exceeding one penny the acre by distress and sale of such distress as shall there be found belonging to the occupiers of the said lands returning the overplus and whatsoever the Tenants or occupiers of the lands shall pay or shall otherwise be levied upon them as aforesaid not exceeding one penny the acre shall and may be deducted out of the rents by them respectively payable and for so much they and every of them shall be and are hereby discharged against their several and respective Landlords And because the Settlement now intended and endeavoured to be perfected would be very much obstructed if the Heirs or Assignes of Wentworth late Earl of Kildare should hold and enjoy the full benefit of a certain clause in the said former Act contained whereby the Preemption of all forfeited estates and interests held of or from Wentworth Earl of Kildare or George Earl of Kildare or either of them and of all other lands lying intermixt with the said Earl of Kildares estate is given to the said Wentworth late Earl of Kildare his Heirs and Assignes and further the arrears due to George Earl of Kildare for service before the fifth of June One thousand six hundred forty nine were appointed to be satisfied in the County of Kildare and else where lying most convenient to the said Earl of Kildares estate as the said Wentworth late Earl of Kildare should make choice of Be it therefore Enacted by the Authority aforesaid That so much of the said clause as concerns the preemption of forfeited estates and interests held of and intermixt with the Earl of Kildares grant as aforesaid or appoints the satisfaction of personal arrears for service to be within the County of Kildare or elsewhere at election as aforesaid shall be and is hereby repealed which arrears of the said George Earl of Kildare now belonging to Sir James Shaen Knight and Baronet Administrator of the said George Earl of Kildare are to be satisfied as in and by another clause herein after following and providing for the satisfaction of the interests of the said Sir James Shaen is declared and that in lieu and satisfaction of those privileges and advantages in and by the said clause given or intended to be given the Commissioners for execution of this Act shall forthwith set out or cause to be set out unto John now Earl of Kildare and his Heirs so much undisposed forfeited lands as shall be of the cleer yearly value of five hundred pounds per annum over and above all charges and reprizes therein shall take care that the same may be set out as neer unto the said Earls estate and as contiguous to the Lordship of Kilka in the County of Kildare as the same can conveniently be done and after such allotment and setting forth the same shall be granted by Letters Patents under the Great Seal of Ireland unto John Earl of Kildare and the Heirs Males of his body And for want of such issue to remain and be to Robert Fitz Gerald Esq uncle of the said John Earl of Kildare and the Heirs Males of his body and for default of such issue to the right Heirs of Wentworth late Earl of Kildare for ever subject nevertheless to the payment reimbursement and discharge in the first place of all such summ and summs of Money with interest for the same as upon any contract or bargain heretofore made by the said Wentworth late Earl of Kildare touching the benefit of the said former provisoe or touching the benefit of any part thereof have been paid unto the said late Earl or shall be paid hereafter to such Contractors during the minority of the the said John Earl of Kildare and lyable also to such other charges and payments as shall be necessarily made and disbursed in and for the settling and securing the premisses And that the Letters Patents so as aforesaid to be granted shall be of like force and effect as any other Letters Patents herein before appointed to be granted are or ought to be Provided alwayes and be it Enacted by the Authority aforesaid That out of the estates of John Fitz Gerald John Magill and Ieoffrey Faning before by this Act vested in His Majestie his Heirs and Successors It shall and may be lawful for the Lord Lieutenant or other Chief Governours of Ireland to restore unto and settle upon them and their Heirs respectively such part or parts of the said respective estates as they shall think fit Provided also and be it further Enacted by the Authority aforesaid That Sir John Stephens Knight Governour of His Majesties Castle of Dublin shall and may have hold and enjoy to him his Executors and Assignes all and every the lands Tenements and Hereditaments in the County of Cork which at any time were reputed to belong to Sir Brice Coghran by colour of any grant or guift of the late Vsurped powers and which are or have been possessed by the said Sir John Stephens by virtue of Letters Patents under the Great Seal or otherwise for and during such time and term of years and under such rents onely as in the said Letters Patents are expressed and no other so as he the said Sir John Stephens do place or cause to be placed upon so much of the premisses as shall be found to be within the securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine so much of the stated arrears due to such Officers which are satisfiable and for which no satisfaction hath yet been given as the value of the premisses may amount unto any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Moneyes which by virtue of this or the said former Act shall or may growe due unto His Majestie for or in respect of the measne profits of those lands which have been set out and received in satisfaction of any arrears for service done in England commonly called English arrears or for or in respect of the measne profits of those lands which have been set out to any person or persons in satisfaction of any Adventures upon the Ordinances commonly called the doubling Ordinances or for or in respect of any other measne profits which by this Act are made due and payable unto His Majestie as being received out of lands set out in satisfaction of interests not satisfiable by this or the said former Act and also all and every the summs of Money now due unto His Majestie which any person or persons transplanted into Connaght and since restored or hereafter to be restored to his former
estate did or might have received upon the sale of the lands in Connaght to which he or they were transplanted shall be paid unto the Receivers herein after constituted and appointed who shall account for and pay the same over unto Arthur Earl of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being And that the said Arthur Earl of Anglesey or the Vice-treasurer of Ireland for the time being shall thereout issue pay these several summs following That is to say To Morough Earl of Inchequin the full summ of Eight thousand pounds sterling as a marke of His Majesties favourable gracious consideration of the losses and sufferings of the said Earl To John Lord Berkeley the summ of four thousand pounds To Charles Lord Vice-count Fitz Harding Treasurer of His Majesties House-hold the summ of two thousand pounds To Henry Coventrey Esq Groom of His Majesties Bedehamber the summ of two thousand pounds To Colonel William Legg the like summ of two thousand pounds in full satisfaction of all the right and interest which they the said Henry Coventrey or William Legg can or may have of in or to any fractions of od aeres pounds shillings or pence in or by the said former Act reserved to His Majestie and by this present Act released and discharged as aforesaid To Colonel Edward Villiers the summ of One thousand pounds To Elizabeth Terrill Wife of Sir Tymothy Terrill the summ of three thousand pounds To Colonel Marmaduke Darcy the summ of three thousand pounds To Sir Connel Farrell the summ of two thousand pounds To Colonel Daniell Treswell Captain of His Majesties Guard of Battle Axes the summ of One thousand pounds Sir William Armorer the summ of five hundred pounds Nicholas Bayly Esq the summ of two thousand pounds Thomas Lynch the summ of One thousand pounds And if any more moneyes shall arise out of the premisses than will be sufficient to discharge the respective summs herein before mentioned the same shall remain in His Majesties Exchequer at Dublin to be further applyed and disposed as His Majestie being informed thereof shall direct and appoint And whereas the Towns and lands of Shamaclone Garons-Brury Garrane Lishanacone Ballifoukin Ballimoran Balliwillin in the Barony of Conello and County of Limerick and also fifteen hundred acres in Garundenny in the Barony of Slewmargye in the Queens County were allotted to Charles Lloyd Esq now Sir Charles Lloyd Baronet as an Adventurer for lands in Ireland the rents issues and profits of which lands have notwithstanding by Samuel Avery and other Adventurers been wrongfully received or in the hands of the Tenants of the said lands detained Be it therefore Enacted and it is Enacted by this present Parliament That the said Sir Charles Lloyd shall have receive and recover all and singular the rents issues and profits of the said lands remaining in the hands of the respective Tenants thereof or in the hands of their Executors or Administrators which have grown due since the lands were allotted as aforesaid any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding And it is here by further Enacted and ordained by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore Sir Richard Bellings Knight unto the present and actual possession of all and singular the Mannors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments interests conditions powers of Redemption right and title whatsoever in the said Kingdome of Ireland which Sir Henry Bellings Knight Grandfather to the said Sir Richard Bellings and Richard Bellings Father of the said Sir Richard Bellings or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth day of October One thousand six hundred forty one and that from and after such Restitution as aforesaid the same shall be granted by Letters Patents and settled upon and confirmed unto the said Sir Richard Bellings the Grandsonn and his Heirs and Assignes for ever This present or any other Act Ordinances Order Vtlary Attainder Record or any other matter cause or thing to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That John Lord Kingston shall hold and enjoy to him and his Heirs for ever all and every the Lands Tenements and Hereditaments in the said former Act ratified and confirmed unto him and all other the benefits and advantages of the said Act the Lands Decreed away by the Commissioners and the full benefit of reprizals and the Lands herein granted or confirmed unto Charles Lord Vice-count Fitz Harding formerly granted to Charles late Lord Vice-count Fitz Harding Earl of Falmouth onely excepted as fully and amply and with the like Confirmations Privileges Immunities and exemptions as any adventurer or Souldier by this or the said former Act may or ought to hold and enjoy any of the Lands whereof they or any of them respectively were possessed the Seaventh day of May One thousand six hundred fifty nine and as if the several clauses and provisoes in the said former Act on that behalf had been in this Act particularly recited and Enacted and shall also have hold and enjoy to him and his Heirs for ever all and every the Towns Lands Tenements and Hereditaments given granted and confirmed or mentioned to be given granted and confirmed unto him in and by His Majesties Letters Patents under the Great Seal of England bearing date at Westminster the five and twentieth day of January in the sixteenth year of His Majesties Raign And that the said Letters Patents and all clauses and things therein contained shall be and are hereby ratified and confirmed and shall be taken most beneficially to and on the behalf of him the said Lord Kingston his Heirs and Assignes according to the tenor and purport thereof to all intents and purposes and as if the same Letters Patents and every clause therein had been in this Act fully and at large recited and particularly Enacted but in case the Lands in the said Letters Patents mentioned which shall be possessed and enjoyed by the said Lord Kingston and not recovered or granted away from him by this or the said former Act shall exceed the present cleer yearly rent of Seaven hundred pounds and two full third parts of all the Lands recovered against him the said Lord Kingston by any Decrees herein confirmed then such overplus shall be reconveyed to such as the Commissioners for Execution of this Act shall appoint And be it also Enacted in case the said Lands shall not be sufficient That then the Commissioners or such person or persons as are or shall be appointed for Execution of this Act doe and shall forthwith cause to be set out and delivered unto him the said
that after such Restitution made the said Charles Farrell shall hold and enjoy the same to him and his Heirs Subject nevertheless to the quit-rents by this or the former Act imposed and lyable to all and singular the statutes Mortgages Debts Charges and all other the Acts and Incumbrances whatsoever of him the said Charles Farrell or his Father any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Frances Darcy widow so much land as shall be of like yearly value as the lands which she the said Frances Darcy formerly held or ought to have held for her joincture to be held and enjoyed by the said Frances Darcy during her life any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the summ of Four thousand five hundred pounds due for service done in Ireland before the fifth of June One thousand six hundred forty nine unto Arthur Lord Vice-count Ranelaugh by Debentures already stated and allowed by the Commissioners for Execution of the said former Act shall be paid and satisfied out of the securities thereunto lyable by this present Act unto Richard Earl of Burlington and Cork Lord High Treasurer of Ireland Arthur Earl of Anglesey Roger Earl of Orrery and Sir John Skeffington Baronet and the Survivors and Survivor of them and that they and the Survivors and Survivor of them and the Heirs of the Survivor shall have hold receive and enjoy to his and their Heirs all and singular the Mannors lands Tenements and Hereditaments and all other the satisfaction whatsoever or of what nature or kind soever which shall or may be hereafter appointed allotted or otherwayes set out and Assigned for the satisfaction of the said Four thousand five hundred pounds Nevertheless in trust to and for the onely use benefit and advantage of Frances Jones and Elizabeth Jones Daughters of the said Arthur Lord Vice-count Ranelaugh their Executors and Assignes and to and for no other use intent or purpose whatsoever any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted that all Leases terms and estates which upon the three and twentieth of October One thousand six hundred forty one did not exceed three lives or one and thirtie years and are forfeited to or vested in His Majestie whereof or whereupon the next and immediate Reversion or Remainder doth or shall appertain to any innocent Protestant be and are hereby declared to be ceased determined null and void any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That nothing in this present Act nor in the former Act shall be taken or any wayes construed to weaken or make void all or any of the right title and claim which Lawrence Hide of Henton-Dawbney in the County of Southampton Esq hath by virtue of any Statute Staple Mortgage or otherwise unto the Towns and Town Lands of Ballihenukin Knockanammy and part of Chancellors-town in the Barony of Iffa and Offa and the lands of Quarter-cross parcel of the town and Lands of Clare nor unto two acres great Countrey measure in Burdens-Grange in the Barony of Middle-third in all containing about eight hundred acres lying and being in the County of Tipperary but that it shall and may be lawful to and for the Commissioners for Execution of this Act to examine the right and title of him the said Lawrence Hide of in and to the said lands and Tenements or to any summ of money which can or may be levied thereupon and to make such Order and Decree for the said Lawrence Hide or his Assignes to hold and enjoy all and singular the premisses until he or they shall be fully satisfied and paid the moneys to him due as aforesaid together with what interest shall be due for the same as they shall think fit any thing in this Act or in any former Act to the contrary notwithstanding And whereas Colonel Christopher O Bryen was appointed by His Majestie in his late gracious Declaration to be restored unto his estate as one who in an especial manner had merited his Maiesties Grace and favour and was afterwards in pursuance of His Majesties Orders put into possession thereof by the Sheriff of the County of Clare in which County the said estate doth lye notwithstanding which if the same should be strictly examined according to the Rules of the said former Act It may be doubted whether such delivery of possession were legal and whether the lands so delivered do not still remain Subject to the uses of the said former Act and this present Act And whereas the said Christopher O Bryen is lately Dead without issue and all his estate right title and interest descended unto and upon Morogh Earl of Inchequin his next and immediate Brother and Heir Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto the said Morogh Earl of Inchequin and his Heirs the present and actual possession of all and singular the Castles Houses Mannors Lands Tenements and Hereditaments which the said Colonel Christopher O Bryen or any other in trust for him or to his use had held or enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since the lands Tenements and Hereditaments formerly belonging to the said Christopher O Bryen and now in the possession of Peirce Creagh excepted which are hereby granted and confirmed unto the said Peirce Creagh and his Heirs and shall likewise set out and allot unto the said Earl of Inchequin and his Heirs so many acres more of undisposed and forfeited lands as may be equal in quantity of acres to the said lands held by the said Peirce Creagh and from and after such restitution and allotment so made as aforesaid the said Morogh Earl of Inchequin shall hold and enjoy to him and his Heirs all and singular the messuages lands Tenements and Hereditaments so as aforesaid restored and allotted and all and every the persons transplanted into and upon any part of the premisses their Heirs and Assignes shall have such satisfaction out of the forfeited lands undisposed of to English Protestants as the Lord Lieutenant and Council of Ireland shall think fit after the several interests of His Majesties Protestant Subjects in Ireland have been fully satisfied and settled according to this Act any thing in this or the said former Act contained to the contrary notwithstanding And whereas Sir Thomas Sherlock Knight Deceased was in his life time a very dutifull and Loyall Subject and from the time of the first
breaking out of the said Rebellion and Warr unto the last end thereof behaved himself with great courage and diligence in His Majesties service and suffered great hardships and extremities from the said Irish Rebells by reason of such his fidelity and Obedience to the Crown of England until at last being taken prisoner by them he was forced for fear of his life to subscribe their Oath of association and having so gained his Liberty did immediately fly unto Dublin and there submitted himself to the now Lord Duke then Lord Marquess of Ormond His Majesties Lord Lieutenant of Ireland and continued there ever after serving His Majestie and his Authority to the uttermost of his power The consideration whereof inclined His Majestie to mention the said Sir Thomas Sherlock in his late gracious Declaration amongst the names of those few persons whom His Majestie was pleased to appoint to be restored to their former estate without any further Proof of their innocency which said Sir Thomas Sherlock was afterward by the Commissioners for Execution of the said former Act adjudged a nocent person upon no other grounds or evidence than the enforced subscription of the Oath of association as aforesaid His Majestie therefore being very unwilling to proceed with such rigour and strictness towards any of his good Subjects or to suffer a Decree so severe to continue any longer in force to the ruine of the said Sir Thomas Sherlock and his Family is graciously pleased That it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without any previous reprizall restore unto Paul Sherlock Esq sonn and Heir of the said Sir Thomas Sherlock and his Heirs the possession of the principal and capital Messuage or seat and also one third part of all and singular the Messuages Mannors lands Tenements and Hereditaments whereof the said Sir Thomas Sherlock or any other person or persons in trust for him or to his use were seized or possessed upon the two and twentieth of October One thousand six hundred forty one Impropriations and appropriat tithes excepted and shall also with all convenient speed restore the whose residue of the said lands and Tenements Impropriations and appropriate tithes excepted the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof or claiming the same being first satisfied their respective two third parts and for their several and respective improvements which will be due to them by the rules of this Act and from and after such restitution so made as aforesaid the said Paul Sherlock shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored in as full and ample manner as he or they might have done if no such Decree had ever been had or made any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall restore unto Nicholas Bourke of Limerick Sonn and Heir of James Bourke his Heirs and Assignes the principal and capital Messuage whereof he the said Nicholas or his Father or any other in trust for them or either of them or to their use were seized or possest the two and twentieth of October One thousand six hundred forty one and also two thousand acres thereunto adjoyning or so much thereof as they or either of them or any other to their use were seized or possest of on the said two and twentieth of October and that so much other forfeited and undisposed land be likewise set out and allotted unto the said Nicholas Bourke and his Heirs and within such County and Barony as the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there shall direct and appoint And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto the Lord Vice-count Gormanston and his Heirs all and singular the Messuages Mannors lands Tenements Rents Reversions Remainders and Hereditaments to which he is not already restored by some Decree of the Commissioners for Execution of the said former Act herein confirmed and all other the estate Right Title and interest whatsoever whereof the said Lord Vice-count Gormanston or Nicholas late Lord Vice-count Gormanston his Father or any other person or persons to their use or in trust for them or either of them were seized or possessed the two and twentieth of October One thousand six hundred forty one Impropriations and appropriate tithes excepted the Heirs or Assignes of Charles late Earl of Mountrath now having or claiming the same being first satisfied by an allotment to them and their Heirs of so much forfeited lands as may be equal in quantity and number of profitable acres to the lands so as aforesaid to be restored and being also first satisfied and paid or otherwise secured for the Rents issues and measne profits received and detained by the said Lord Vice-count Gormanston and his Agents since his entry on the premisses or to be received and detained until such allotment shall be made as aforesaid according as the same shall be ascertained by the Commissioners for Execution of this Act and at such times and in such manner as they shall appoint and from and after such Restitution made as aforesaid the said Lord Vice-count Gormanston shall hold and enjoy to him his Heirs and Assignes all and singular the lands Tenements and Hereditaments so restored this Act or any other Act Record Vtlary or Attainder or any other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto John Grace of Court-stown Esq and Colonel Richard Grace and their respective Heirs all and singular the Messuages lands Tenements and Hereditaments except Impropriations and appropriate tithes and except the houses in Kilkenny which they or either of them respectively or any other person or persons in trust for them or either of them respectively had held or enjoyed upon the Two and twentieth of October One thousand six hundred forty one and which are not already restored to the said Richard Grace by some decree of the Commissioners for execution of the said former Act herein confirmed the respective Adventurers or Souldiers their Heirs or Assigns now in possession thereof or claiming the same being first satisfied their respective charges and proportions and for their several and respective improvements which will be due to them by the rules of this Act and from and after such restitution so made as aforesaid the said John Grace shall hold and enjoy to him and his heirs all and singular the Lands Tenements and Hereditaments so to be restored and the said Richard Grace shall hold enjoy to him and his Heirs the lands so to be restored Any thing in this or the
said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith restore unto Patrick Archer Merchant all and singular the Lands Tenements and Hereditaments which he or any other person or persons in trust for him had held or enjoyed upon the Two and twentieth of October One thousand six hundred forty one the respective Adventurers or Souldiers their Heirs or Assigns now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid the said Patrick Archer shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so to be restored Any thing in this or the said former Act contained to the contrary notwithstanding And whereas upon the passing of certain Letters Patents under His Majesties Great Seal of England bearing date the eight day of April in the Fourteenth year of His Majesties Reign unto Richard Earl of Clanrickard and his Heirs an use was therein limited or some other provision thereby made for the better securing unto Charles late Lord Vice-count Muskry the sum of Ten thousand pounds by the yearly payment of Two thousand pounds sterling per annum for and during the term of five years next ensuing the date of the said Patent And forasmuch as it may so fall out by reason of sundry emergent occasions that the payments thereby secured may not be fully compleated within the said term of five years according to the true intent and meaning of the said Letters Patents Be it therefore Enacted by the Authority aforesaid That the term of five years in the said Letters Patents mentioned shall be and is hereby enlarged unto the term of three years more next after the said five years ended and determined and that if the several payments in and by the said Letters Patents intended to be secured shall be made and determined within the time hereby enlarged the same shall be as good and effectual in Law as if they had been made within the said five years and that in all other uses limitations matters and things the said Letters Patents and every Clause and Article therein shall be as good and effectual in Law and of like force and effect as the same were before the making of this Act Any thing in this or the said former Act contained to the contrary notwithstanding And to the end that no person or persons who is or shall be restored or intitled unto or confirmed in any Messuages Mannors Lands Tenements or other Hereditaments by virtue of any Clause in this Act contained or by virtue of any Letters Patents Grant Restitution or other Disposition or Allotment herein made or hereafter to be made in pursuance of this Act may by pretense of such new title avoid the payment of any just debts to which they or their respective Testators or Ancestors were or ought to have been lyable Be it therefore Explained and Enacted by the Authority aforesaid That all and every person and persons their Heirs and Assignes having and holding or claiming to have and to hold any messuages Mannors Lands Tenements and Hereditaments as aforesaid shall be and are hereby made Subject unto and charged with all and singular the Debts and summs of money now due and owing by them or any other person or persons whose Heirs Executors or Administrators they are and under whom they claim their several and respective allotments as Heir Executor or Administrator whether the same Debts be due and owing by virtue of any specialty or matter of Record and that all and every the messuages lands Tenements and Hereditaments so held and claimed as aforesaid shall be held and accompted as Assets in Law and are hereby declared to be Assets for and towards the satisfaction and payment of all such Debts to which the first takers thereof are in their own right or as Heirs Executors or Administrators of any other person or persons made lyable by this Act any thing in this or the said former Act or any other Law matter or thing to the contrary notwithstanding Provided alwayes and be it further Enacted That the Heirs or Assignes of Charles late Earl of Mountrath shall have hold and enjoy all such Lands Tenements and Hereditaments which were settled upon or granted unto the said late Earl by any Letters Patents of the late Vsurped Powers whereof he was in possession the seventh of May One thousand six hundred fifty and nine except such as have been decreed or shall be by this Act or restored unto the Irish Proprietor for which he or they shall forthwith have the like quantitie of profitable Acres set out unto him or them respectively and that all the Lands Tenements and Hereditaments and other the advantages by this or the said former Act intended to be given granted or confirmed unto the said late Earl of Mountrath his Heirs or Assignes shall stand and remain disposed and divided among and between the now Earl of Mountrath the relict and younger Children of the said late Earl subject and lyable unto such limitations uses debts portions and legacies as are expressed and contained in a decree made by the Lord Lieutenant and Council bearing date the _____ day of October One thousand six hundred sixty and three any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Audley Mervin Knight Speaker of the House of Commons Sir George Lane Kt. Clerke of the house of Lords Philip Ferneley Esq Clerke of the House of Commons and other the attendants on either of the said Houses do claime certain Fees to be due and payable to them for every Bill containing any grant or restitution of any forfeited Lands to any person or persons Bodies Politick or Corporate their heirs or successors touching the ascertaining whereof and giving due remedy for the recovering of the same some provision was made in and by a clause in the said former Act in which clause the Speaker of the House of Lords and the Clerke of the Council of Ireland are not mentioned Be it therefore explained and Enacted by the Authority aforesaid That the Speaker of the house of Lords and Clerke of the Council of Ireland shall be deemed and adjudged to be comprehended in the said clause and that the said Speaker and Clerke of the Council and Sir Audley Mervin Sir George Lane Philip Ferneley and others mentioned in the said clause contained in the said former Act be paid by such person and persons Bodies Politick and Corporate their Heirs and successors who receive any grant of or Settlement in any forfeited Lands Tenements or Hereditaments by virtue of or in pursuance of this Act or of the said former Act not set out to them in satisfaction
and appropriate tithes And shall also with all convenient Speed restore the whole residue of the said lands and Tenements impropriations and appropriate tithes excepted unto the said Lord Dunsany and his Heirs the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid the said Patrick Lord Baron of Dunsany shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored any thing in this or the former Act contained to the contrary notwithstanding And whereas one thousand Acres of forfeited lands in the Barony of Slane were heretofore set out in satisfaction of an Adventure of six hundred pounds advanced by Sir William Massam Baronet Deceased and as is alleaged was possessed accordingly until about Michaelmas in the year One thousand six hundred fifty eight at which time the said Sir William Massam being Dead and the interest in the said Adventure being come unto Elizabeth Massam the widow and relict of William Massam Esq Sonn and Heir of the said Sir William and then Deceased also Sir Robert Forth Knight pretending some interest in the said lands got possession thereof by an execution or executions issued upon a Iudgement or Iudgements in an action of Ejectment being as is alleaged Surreptitiously obtained without any due notice or legal proceedings the said Elizabeth by reason thereof having no possession upon the Seaventh of May One thousand six hundred fifty nine could claim no benefit of confirmation by the said sormer Act and it is much to be doubted whether she could demand any satisfaction as a deficient Adventurer the Lot being once set out and enjoyed for remedy hereof Be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith examine the truth of the Allegations aforesaid and if they shall find the possession of the premisses to have been wrongfully taken from the said Elizabeth Massam they shall cause the said Elizabeth Massam to be put into possession thereof And the said Elizabeth Massam shall hold the same to her and her Heirs as fully as any other Adventurer by this Act ought to do until the Commissioners for execution of this Act shall set out and allot to her and her Heirs so much thereof as they shall adjudge to amount to her proportion And if the said Commissioners shall find the said Sir Robert Forths title to possess the said lands to be good and valid then they shall set forth such satisfaction of land for the said Adventure as shall be according to the rules and proportions limited for other Adventurers by this Act And Letters Patents shall be thereof granted to the said Elizabeth and the said Elizabeth shall enjoy the same to her and her Heirs and Assignes accordingly any thing in this or the former Act to the contrary notwithstanding And whereas Captain John Wakeham and Lieutenant Richard Wakeham were seized or possessed before the Seaventh of May One thousand six hundred fifty nine of certain lands set out to them in satisfaction of their arrears and were thereof put out and dispossest before the said Seaventh of May by virtue of an extent Be it therefore Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot to the said John Wakeham and Richard Wakeham their Heirs and Assignes so much forfeited and undisposed land as may be equal in quantity of Acres unto two full third parts of the lands whereof they were so possest as fully and amply as if they had been thereof possest upon the Seaventh of May One thousand six hundred fifty nine any thing in this or the former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall restore unto James Reynold of Loghscurr in the County of Letrim Esq and his Heirs the possession of all and singular the lands Tenements and Hereditaments which the Father of the said James Reynolds or any other person to his use or in trust for him were seized or possessed upon the two and twentieth of October One thousand six hundred forty one or at any time since the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be to them by the rules of this Act And from and after such restitution so made as aforesaid the said James Reynolds shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored any thing in this or the former Act contained to the contrary notwithstanding And be it further explained and Enacted by the Authority aforesaid That nothing in this or the said former Act contained shall any way extend to Barr any right or title of Escheat which his Majestie hath unto the lands Tenements and Hereditaments of Con O Rourk in the County of Letrim lately Deceased without Heirs and which is found by Inquisition now remaining upon Record in his Majesties High-court of Chancery But that his Majesties right and title thereunto by Escheat as aforesaid be fully saved and preserved unto his Majestie his Heirs and Successors any seizure or sequestration of the premisses or any part thereof upon the account of the said late Rebellion or Warr or any other matter or thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Mary Coghlan widow the relict of Terence Coghlan of Kilcolgan in the Kings County Esq Deceased so much land as shall be of like yearly value as the lands which she the said Mary Coghlan formerly held or ought to have held for her joincture to be held and enjoyed by the said Mary Coghlan during her life any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Anne Lady Dowager of Slane so much lands as shall be of like yearly value as the lands she formerly held or ought to have held for her joincture as widow and relict of the Lord Delvin her former husband to be held and enjoyed by the said Lady Dowager of Slane during her life any thing herein before contained
to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act do forthwith restore to John Talbot of Malahyde all and singular the Lands Tenements and Hereditaments in the County of Dublin which he the said John Talbot held and enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since such person or persons who purchased the same of and from Susanna Bastwick or her children or their Assignes being first satisfied out of the forfeited lands undisposed by this Act by an allotment of so many profitable Acres as may be equal in value worth and purchase to the lands so to be restored and after such restitution so made as aforesaid the said John Talbot shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so restored but subject to Quit rents any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir George Harbert of Dorrow in the Kings County Knight and Baronet shall by the Commissioners for Execution of this Act be forthwith restored unto and placed in the present and actual possession of all and singular the Lands Tenements and all other Hereditaments right title and interest whatsoever in the said Kingdome of Ireland which he the said Sir George Harbert or his Vncle Sir Jasper Harbert deceased or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth of October One thousand six hundred forty one or at any time since the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid shall hold and enjoy all and singular the Lands Tenements and Hereditaments so to be restored unto him and his Heirs by such tenures rents and services and no other tenures in Capite or by Knights service excepted as the same were held by on the said two and twentieth day of October One thousand six hundred forty one any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir Henry Tichborne Knight shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments which were set forth unto him in recompense and satisfaction of money and other provisions by him furnished for reliefe of the Army in Ireland between the years One thousand six hundred forty one One thousand six hundred forty three which have not been Decreed away by the Commissioners for Execution of the said former Act And that the Commissioners for Execution of this present Act shall out of the forfeited Lands which shall remain undisposed by this Act to Adventurers or Souldiers set out and allot unto the said Sir Henry Tichborne so many Acres of profitable land as may be equall in quantity to the lands so Decreed away to be held and enjoyed by the said Sir Henry Tichborne and his Heirs and that like effectuall Letters Patents shall be thereof granted any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed set out and allot unto Mabell Countess Dowager of Fingall so much lands as shall be of like yearly value as the lands which she the said Countess Dowager of Fingall formerly held or ought to have held for her joincture to be held and enjoyed by her the said Countess Dowager of Fingall for and during the term of her life any thing herein before contained to the contrary notwithstanding And whereas Samuel Avery late of London Alderman was in his life time an Adventurer for Lands in Ireland and did subscribe and pay in the sum of eleaven hundred pounds or thereabouts The satisfaction of which Adventure was afterwards set out and allotted unto him the said Samuel Avery in the Barony of Conello and County of Limerick who notwithstanding such allotment quitted the possession of his own lot entred upon the lot of Sir Charles Lloyd Baronet another Adventurer satisfied in part within the same Barony of Conello which lot continued in the possession of the said Samuel Avery his Heirs and Assignes until the same was lately restored unto the said Sir Charles Lloyd And whereas the said Samuel Avery did also in his life time contract and agree with the late Vsurpers in England for the Farm or Receipt of certain customs or impositions upon merchandize exported or imported then and there usually paid And upon such his contract and undertaking became indebted and stood charged and chargeable with the summ of Tenn thousand pounds or thereabouts as in and by the Records thereof remaining in the Court of Exchequer in England more fully appears which said Debt and duty stands excepted out of the Act of Parliament passed in England entitled An Act of Free and generall pardon Indemnity and Oblivion and remains vested in his Majestie and is still unsatisfied no lands or Tenements Goods or Chattells of the said Samuel Avery whereupon the said Debt might be levyed being to be found in England and the whole Adventure of the said Samuel Avery and the lands therefore set out in the said Barony of Conello although no defalcation thereof be made are too little to satisfie the said Debt so long behind and unpaid To the end therefore that full satisfaction may be made unto his Majestie for his said Debt as farr as by the said Adventure is possible Be it Enacted by the Authority aforesaid That all and singular the lands Tenements and Hereditaments in the Barony of Conello set out and allotted unto the said Samuel Avery as aforesaid not already Decreed away by the Commissioners for Execution of the said former Act into whose hands soever the same be come by any right or title derived by from or under the said Samuel Avery his Heirs or Assignes shall remain and continue vested in his Majestie his Heirs and Successors in satisfaction and discharge of the said Debt and if any part of the said lands have been Decreed away by the Commissioners for Execution of the said former Act The Commissioners for Execution of this Act shall forthwith Assigne unto his Majestie by Deed under their hands and Seales to be enrolled in Chancery so much more as may be equal in quantity and number of Acres to the lands so decreed away which lands so
assigned shall be and are hereby vested in his Majestie his Heirs and Successors and discharged of the uses or trusts in this or the said former Act expressed any thing in this or the said former Act or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the fifty four persons herein after named That is to say The Earl of Westmeath the Lord Vice-count Ikerryn The Lord Baron of Dunboyne The Lord Baron of Trymletstown The Lord Baron of Upper-Ossory The Lord Bermingham Baron of Athunry Colonel Richard Butler Sir Richard Barnwell Baronet Sir Redmund Everard Baronet Sir Dermott O Shagnussey Knight Master Edmund Fitz Gerald of Balymalo Master Thomas Butler of Killcomell Master _____ Macnemarra of Crevagh Master David Power of Kibolane Master Donnogh O Callaghan of Clonmeen Master Barnard Talbott of Rathdown Conly Geoghegan of Donore who were mentioned amongst the thirty eight persons in his Majesties late Gracious Declaration and were restored after reprizalls set out and for whom no provision hath yet been made and also the Heirs of Sir Lucas Dillon Knight the Heirs of Sir Valentine Blake Baronet Sir Robert Talbott Knight Sir Richard Blake Knight Doctor Gerrard Fennell Geoffry Browne John Browne of the Neale John walsh Thomas Terrill Edmund Dillon Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourke of Derry-Maclaghney Thomas Arthur Esq Doctor in Physick Gerald Fleming of Castle-Fleming and Bartholemew Stackpoole Esquires who were also mentioned in the said former Act to be restored to their former estates as aforesaid and for whom no provision hath yet been made And also the Lord Baron of Brittas Master Tute Sonn to Andrew Boy Tute of Cullanmore in the County of Westmeath Esq Master _____ Walsh Heir of David Walsh of Bally-Beaghan in the County of Tipperary Esq Sir Edmund Bourke Baronet Sonn to Sir Vlick Bourke of Giusk in the County of Roscomon Baronet Deceased Sir Thomas Esmond Baronet Sir Lucas Dowdall Knight Sonn of Lawrence Dowdall of Athlumney in the County of Meath Esq Master _____ Walsh Heir of Walter Walsh of Castle Hoyle in the County of Kilkenny Esq Edward Wall of Ballinikill in the County of Catherlagh Esq Master _____ Butler Sonn of Theobald Butler Sonn of James Butler of Derry-Luscan in the County of Tipperary Esq James Tobyn of Killaghee in the County of Tipperary Esq Richard Butler of Ballinikill in the County of Tipperary Esq Philip Purcell of Ballyfoyle in the County of Kilkenny Esq Sir Edmund Fitz Gerald of Clanlish in the County of Limerick Baronet Peirce Walsh of Abbey Owhney in the County of Limerick Esq John Power of Doneile in the County of Waterford Esq Peirce Power of Money Largy in the County of Waterford Esquire William Brabazon the Heir of Anthony Brabazon of Balinaslo in the County of Roscomon Esq Daniel O Brien of Dnogh in the County of Clare Esq Lord Vice-count Iveagh Sir Edward Fitz Harris of Clogh-Notefoy in the County of Limerick Baronet John Cantwell of Mokarky in the County of Tipperary Esq and their Heirs and Assignes shall by the Commissioners for Execution of this Act be restored unto their severall and respective principall Seats That is to say unto their severall and respective principal Messuages Houses or Castles Kilmedan and the lands thereunto belonging excepted or in case they have severall Messuages Houses or Castles to such of their severall messuages Houses or Castles Kilmedan and the land thereunto belonging excepted as they shall respectively choose within two months after the first sitting of the Commissioners for Execution of this Act and unto two thousand acres of land thereunto adjoyning if they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their or any of their use were seized or possessed of so much upon the two and twentieth of October One thousand six hundred forty one and were thereunto lawfully and rightfully intitled And in case they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their use were not seized or possessed upon the two and twentieth of October One thousand six hundred forty one of two thousand acres as aforesaid then unto so much thereof as they were seized or possessed of as aforesaid and which lyes contiguous to their respective principall Seats and if any of the four and fifty Persons herein before named shall be found to be in possession of any messuage and lands thereunto adjoyning which to them or any of them did rightfully belong upon the said two and twentieth day of October One thousand six hundred forty one and the lands so possessed shall be found to exceed the quantity of two thousand acres it shall and may be lawfull to and for the Lord Lieutenant or other Cheif Governour or Governours of Ireland and Councill there for the time being to cause so much thereof as shall exceed the quantity of two thousand acres to be retrenched and cut off in such way and manner as they shall think fit and the land so retrencht shall remain and be vested in His Majestie to the end that the same may be further disposed to the uses of this Act And for the better support of such of the four and fifty Persons herein before named who shall not have two thousand acres near adjoyning and lying contiguous unto his and their respective Seats to which they are to be restored or having two thousand acres shall not be thought to be thereby sufficiently provided for It is further declared and Enacted That it shall and may be lawfull to and for the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there for the time being upon due consideration had of the several and respective cases and merits of the persons aforesaid to direct and appoint the Commissioners for Execution of this Act to set out and allot or cause to be set out and allotted unto any of the persons aforesaid or their Heirs so much of the forfeited lands which shall remain undisposed after the several Protestant interests herein before provided for shall be satisfied as the said Lord Lieutenant or other Chief Governour or Governours Council shall think fit Provided alwayes That nothing herein contained shall extend to restore or intitle the said Sir Thomas Esmond Baronet to the possession of any Messuages Mannors lands Tenements or Hereditaments whereof George Duke of Albemarle is now in possession by himself or his under-tenants or any wayes intitled thereunto but that the same shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assignes any thing herein before contained to the contrary in any wise notwithstanding Provided also That if any person or persons shall within the space of six monthes next after the Royal assent to this Bill actually given alleage before the
Hugh Earl of Mount-Alexander and his Hiers with benefit of reprizal in case of restitution as Adventurers by the said former Act ought to have had as in and by the said former Act more at large appears since which time the Commissioners for execution of the said former Act have by their Decree adjudged James Allen to be innocent and restored the said Lands to the said James Allen and his Heirs against which Decree an appeal was made to His Majestie by a Petition exhibited by William Montgomery Esq on the behalf of the now Earl of Mount-Alexander an Infant Sonn Heir of Hugh late Earl of Mount-Alexander on hearing of which case and on the defence made by Colonel Richard Talbot to whom part of the lands restored by the said Decree were for good and valuable considerations and by sufficient assurances in Law legally conveyed by the said James Allen His Majestie thought not fit to alter the said Decree or weaken any of the said assurances His Majestie is therefore graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot or cause to be set out and allotted unto the now Earl of Mount-Alexander his Heirs and Assignes so much other undisposed forfeited lands as may be equal in quantity of acres unto two full third parts of the lands so evicted and recovered by Decree as aforesaid and that Letters Patents shall be thereof passed in like manner and shall be of like effect as any other Letters Patents granted by virtue of this Act are or ought to be And whereas in and by certain Letters Patents passed under the Great Seal of Ireland and bearing date the Seaventh day of March in the twelfth year of the Raign of His Majesties Royal Father the Territories and precinct of Feartry in the County of Wicklow and certain other Mannors lands and Tenements in the said Letters Patents contained were thereby given and granted unto Sir John Coke knight and his Heirs his late Majesties principal Secretary of Estate And whereas Thomas Coke late of Grayes-Inn in the County of Middlesex His Majesties Sollicitor Generall sonn of the said Sir John Cooke Deceased was in his life time lawfully seized of or otherwise intitled unto the said Territory and precinct of Feartry and other the lands and Tenements in the said Letters Patents contained the Inheritance whereof after the Death of the said Thomas Coke Deceased did descend and come or of right ought to have descended and came unto _____ Coke an infant onely Sonn and Heir of the said Thomas Coke Deceased Be it therefore Enacted by the Authority aforesaid That no sequestration or allotment of any of the lands or Tenements in the said Letters Patents contained to any Adventurer or Souldier shall any way Barr or weaken the right or title of him the said _____ Coke in or the said lands or Tenements but that he the said _____ Coke shall and may hold enjoy the same to him and his Heirs according to the tenor and effect of the said Letters Patents any thing in this or the said former Act contained to the contrary notwithstanding And whereas in this and the said former Act great care is taken of the relict and Heirs of Sir Simon Harcourt Knight Deceased upon whom his Majesties Royall Father did by Letters under his Privie Signet appoint that lands of the value of four hundred pounds per annum to be taken out of the forfeited estate of Luke Nettervill should be settled part of which estate together with certain Houses in Dublin were set out accordingly and the relict and Heirs of Sir Simon Harcourt thereof possessed at the time of His Majesties late Gracious Declaration and so still are which lands and Houses together are as is alleaged still short of the value of four hundred pounds per annum intended to be settled as aforesaid It is therefore Explained and Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Philip Harcourt Knight son and heir of Sir Simon Harcourt Knight to hold and enjoy to him and his heirs the houses in the City of Dublin so as aforesaid set out and possessed so as the houses and lands together do not exceed the value of Four hundred pounds per annum Any thing in this or the said former Act contained to the contrary notwithstanding And whereas Thomas Cunningham and Captain Lewis Dick in the year One thousand six hundred forty two pretended to have performed acceptable services against the then Rebels in Ireland by hindering provision coming to them by Sea and by relieving the English Garrisons which were in distress wherein they so far gained belief as that they obtained from the Treasurer for the Irish Adventurers and acknowledgement that they paid in Seven thousand pounds as money adventured and for which they likewise had a certificate from the Committee of Adventurers sitting at Grocers-Hall in London And howbeit the said Thomas Cunningham or Captain Lewis Dick never did any service on the coast of Ireland according to the said undertaking nor paid in any money as other Adventurers did yet by colour of the said certificate there were set out for the said Seven thousand pounds the number of fifteen thousand five hundred fifty and five acres of Land in the County of Tipperary and Limerick whereof they the said Thomas Cunningham and Captain Lewis Dick or their Assigns were possessed the seventh of May One thousand six hundred fifty nine Now least by the general rule of the present settlement the said number of acres or two third parts thereof so unduly obtained as aforesaid should be secured to the said Thomas Cunningham and Captain Lewis Dick or their Assigns His Majestie is graciously pleased that it be Enacted and be it Enacted by the Authority aforesaid That the said fifteen thousand five hundred fifty five acres so set out as aforesaid for and on pretence of the said Seven thousand pounds shall be remain and continue and are hereby vested in his Majestie His Heirs and Successors for ever Provided nevertheless That if the said Thomas Cunningham and Captain Lewis Dick their Heirs or Assigns shall within two months after the Royal Assent shall be actually given to this present Bill make it appear by full and clear proof before the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland that the said Adventure money of Seven thousand pounds was really and bona fide issued and paid in pursuant to the several Acts made by His late Sacred Majestie for reducing the Rebels of Ireland then they shall have the like benefit and advantage by the said Adventure and out of the said fifteen thousand five hundred fifty five acres as other Adventurers are to have by virtue of this present Act. Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours
or thing in this or the said former Act contained to the contrary notwithstanding Whereas by a Decree of the late Court of Claims Patrick Coleclough was restored to an Estate in the County of Wexford in Remainder after the death of Dudley his Father part of which was by a clause in the said former Act vested in Robert Clayton John Morris in trust for Sir John Cutler and others in the said Act mentioned had before that time been purchased from Souldiers or other reprizable persons in order to the erecting of Iron workes which have since accordingly been erected and are of publicque benefit to this Nation the increase of His Majesties revenue if the said Decrees should remain in full force the said advantages might be lost for the preservation thereof It is therefore Enacted be it enacted by this Parliament that the said John Morris Robert Clayton shall may have hold enjoy such part of the lands contained in the said Patrick Colcloughs Decree as they were formerly seized of against the said Patrick and Dudley and their Heirs and against the said Decree made as aforesaid And it is further Enacted that in lieu and compensation thereof the said Patrick Colclough shall have the full benefit of the reprizall due to the said John Morris and Robert Clayton upon the said Decree And that untill the said reprizalls shall be set out that the said lands hereby settled on the said John Morris Robert Clayton shall be chargeable and are hereby charged with the annual Rent of One hundred pounds payable yearly on the first dayes of May and November and made lyable to the distress of the said Patrick upon non payment thereof at the said dayes of payment And that as soon as the said reprizalls shall be set out as aforesaid the said yearly Rent shall cease and absolutely determine And to the end that the said Iron workes may be kept up It is likewise Enacted that if the said former or ancient proprietor or his Heir of any the lands whereof the said John Morris and Robert Clayton are now seized in the said County of Wexford shall be or is by this Act restored to his estate then and in such case the said John Morris and Robert Clayton and their Heirs shall notwithstanding have hold and enjoy such part of the said former Proprietors estate as they now stand seized of And the said Proprietor for so much is elsewhere to be reprized any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding Whereas His Majestie by severall Letters Patents under His Great Seal of Ireland whereof one patent was dated the sixteenth February One thousand six hundred and sixty in the thirteenth year of His Majesties Raign the other dated the tenth day of July One thousand six hundred sixty and three in the fifteenth year of His Majesties Raign did amongst other things give grant and confirm or mentioned or intended to give grant and confirm unto Sir George Lane Knight and his Heirs all the Castles Mannors Houses lands Tenements and Hereditaments and other interest whatsoever which Philip Hore late of Kilsalchan attainted of High Treason was seized or possessed of at the time of his said attainder since which time two severall Decrees have been made in the late Court of Claimes in this kingdom to the prejudice of the said Grants one at the suite of the Sonn and Daughters of the said Philip Hore attainted for portions and the other at the suite of the Sonns of Philip Hore the younger Sonn to the said Philip attainted for severall remainders which Decrees were upon a petition exhibited to His Majestie by the said Sir George Lane questioned and on hearing of the cause it was ordered that the said Sir George Lane should be at liberty to impugne the said Decrees by any matter in fact or Law that he could object against them whereupon the said Philip Hore the younger who made defence in the said cause before His Majestie and the said Sir George Lane did mutually agree for avoiding of all future differences touching that matter that all the said estate and interest should be divided and a share thereof settled on the said Sir George Lane and his Heirs for quitting his whole pretense and right to that estate and the remain thereof settled on the said Philip Hore the younger and his Heirs for all his pretenses and the pretenses likewise of his Brothers Sisters and children to that estate which agreement the said parties did by their joint Petition humbly desire to be established by severall provisoes in this Act whereupon His Majesties was graciously pleased that it should be Enacted by the Authority aforesaid And it is hereby Enacted that the said severall Decrees be and are hereby made null and void as if there had never been any such And that the said Sir George Lane shall be and is hereby restored unto settled confirmed and established in the present and actual seizin and possession of the mannor Castle Town and lands of Kilsalchan with a wind-mill and six messuages containing by estimation three hundred acres of land be it more or less within the County of Dublin with a Court Leet and Court Baron to be held within the said Mannor of Kilsalchan the meadow called the Lords mead in the Feilds of Stradbally a messuage ten acres of land in Stradbally aforesaid in the Feilds thereof next adjoyning to the Lords mead aforesaid and all other the said Philip Hores lands in Stradbally aforesaid now or late in the tenure or possession of John Murphy John Quin and Walter Ryan or one of them one Messuage and forty acres of land with the appurtenances in Swords one Messuage and five acres of Land in Rolls Towns two Messuages one Pigeon House one hundred acres of land ten acres of meadow and ten acres of pasture with the appurtenances in Ardlaw nine Messuages nine Gardens and one hundred acres of land with the appurtenances in Stradbally commonly called Bealings Land in Stradbally the village Hamlet and Lands of Great Kingston with the appurtenances containing by estimation one Messuage and fourscore acres of land two houses with Gardens and a Park or Orchard commonly called Pond-Park to them belonging in Newstreet in the Suburbs of the City of Dublin one Close or Park commonly called Barries-Park without Bongans Gate all lying and being in the Parish of St. Nicholas Barony of Uppercross and County of Dublin fifty shillings yearly rent issuing out of the Mannor of Westpalstown nine pence chief rent out of the lands of Criuserath nine pence chief rent out of the lands of Knightfield and thirteen shillings and four pence chief rent out of Dowdes land Bealings land and Talbots land in Stradbally aforesaid the Town and lands of Paslockes-Town and Maces-Town in the aforesaid County the Town and lands of Kilmore in the Barony of Coolook and County aforesaid by virtue
of a Mortgage from one Christopher Nugent of Robins-Town in consideration of Fourteen hundred pounds All which Lands Tenements Hereditaments and Chief Rents are situate lying and being within the County of Dublin aforesaid And also of three Messuages two stables one piece of waste ground one Garden and other Edifices neer the said stable in the Parish of St. Bridget sometimes in the possession of William Badger or his Vnder-tenants within the County of the City of Dublin and Suburbs or Liberties thereof two Messuages with the appurtenances in Oxmantown in the Parish of St. Michans sometimes in the possession of Peter Decoster one Brick house three Messuages covered with straw in Oxmantown aforesaid which Patrick Martin and Peter Decoster sometimes held one Messuage or Tenement in Mary Lane in Oxmantown aforesaid which James Lewesly sometimes held one stated Messuage and one stable in Pill Lane in Oxmantown which the aforesaid James Lewesly sometimes held one Brick house with the appurtenances in Pill Lane in Oxmantown sometimes in the possession of Margaret Lewesly deceased one other Brick house and garden two several Cottages upon Cock-Hill neer St. Mary Abbey which John Fisher Taylor formerly held one Messuage with the appurtenances in Mary Lane in Oxmantown sometimes in the possession of John Arundell one Messuage with the appurtenances in Mary Lane aforesaid sometimes in the possession of Barbara Bath two Messuages with the appurtenances in Pill Lane in Oxmantown which Edward May deceased sometimes held one shop or room in Highstreet under the house wherein Robert Dowling formerly lived which shop was held by John Jourdan one thatch't house or messuage with the appurtenances in St. Mary Abbey in the Parish of St. Michans which John Hore sometimes held a messuage with the appurtenances in Highstreet in the Parish of St. Michaels sometimes in the possession of Richard Barry of Dublin Alderman one piece of waste land in Bull Lane in Oxmantown formerly in the possession of John Moor Merchant one piece of waste ground whereon two messuages were built in St. Francis Street formerly in the possession of William Lock one messuage or tenement with one garden and the appurtenances in Oxmantown neer Fishers Lane in the possession of George Carleton Esquire one garden or waste plot of ground in Cookstreet in the Parish of St. Audeons upon which are now houses built by one Robert Eustace and now in the possession of Bryan Jones Esquire one messuage or tenement with the appurtenances on the Merchant Key in the Parish of St. Audeons sometimes in the possession of John James and others which the said Philip Hore held from Christopher Chilham of Drogheda Merchant for certain years yet to come yielding thereout yearly to the said Christopher and his heirs nine pounds sterling at the Feasts of Easter and St. Michael the Archangel which rent the said Christopher did mortgage unto the said Philip for ninety pounds sterling one piece of ground called the Bean Yard in Oxmantown in the Parish of St. Michans late in the possession of Sir Anthony Morgan Knight one house on the Pavement in Oxmantown aforesaid leading to Youngs Castle sometimes in the possession of Walter Scanlan all which houses tenements and premisses are situate lying and being within the City and County of the City of Dublin or in the County of the City of Dublin or in the Suburbs or liberties thereof together with all other the houses lands tenements and and interest formerly belonging or in any ways appertaining to the said Philip Hore within the said City and County of the City of Dublin the Suburbs and Liberties thereof And also the Town and lands of Bulls Town the Town and lands of Clatters Town with a Water-Mill and Pigeon-House and part of the Town and Lands of Cales Town the Towns and Lands of Bewtown and Swines-Deane all lying and being in the County of Meath And all other the lands tenements and hereditaments formerly belonging or appertaining to the said Philip Hore in the said County of Meath And that he the said Sir George Lane his Heirs Executors or Administrators respectively shall have hold possess and enjoy all and singular the premisses with all the rights members and appurtenances Rents Issues and Profits and all other advantages whatsoever to them and every of them belonging or appertaining to the use of him the said Sir George Lane his Heirs Executors Administrators and Assigns respectively subject to such rents and services as the same are lyable unto by this Act And the said several and respective Letters Patents as to all things therein contained and not herein after changed or altered shall be and are hereby ratified and confirmed Any thing in this present Act or any other former Act cause matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Philip Hore the son shall be and is hereby restored to his blood and shall and may derive his pedigree and descent from all and every of his Ancestors lineal and collateral other than as to the premisses so settled on the said Sir George Lane as aforesaid And that he the said Philip Hore shall be and is hereby restored unto settled confirmed and established in the actual and present Seizin and possession of the Town and lands of Castleknock and Irishtown with a Mill and Salmon Wyer thereunto belonging on the Liffy Hartstown Stahenny Castle-Curragh alias Curragh Ballidowde Rickinhead Balliboggan Lusk alias Lusks Land Rath Lucastown The Logh alias Loghes Hill alias Bullogs Land the Rath of Killosery alias Ashborn-Rath two Watermills in the Town of Killosery with three acres of land thereunto belonging Blackhall containing sixty acres lying in the Parish of Killosery Beauford with twenty acres thereunto adjoyning late in the tenure of Walter Ryan and John Ryan and now leased by the said Philip Hore to Richard _____ Shoomaker Correstowne sixty acres Coolcoigh Dunmucky and the twenty acres alias Thornetown Chappell Middway one shilling chief rent out of Killmartin eight pence chief rent out of Ashtowne in the County of Dublin as also shall be and is hereby restored unto settled confirmed and established in the actuall and present seizin and possession of one Burgage in St. Maryes Parish in the town of Wexford one toft called Allens Walls in St. Peters Parish in the said Town of Wexford one wast messuage and fifteen acres of land called Farrans Town alias Lackans land in Taghmon The Mannors of Skallrish alias Ballimaskalrish and Kildowan containing the Castle Town and lands of Drinagh Ablinstown Stapolestown Doumshtown Mil-town Whits-town Levets-town Rows-town Kellis-town Synotts-town in Great Killian twenty Acres in Whits-town called Morrisgate Forty acres in Jacketts-town little Ballifenock Morrens-town Gurtchynininog Quoans-town Polebreane Fardeles-town the Commons of Drynagh containing sixty five acres Bogganstown Carran in Carne containing two acres Cullentragh a plott of ground on the Castle Hills in Wexford Balleshellan Martells-Knock Graigshallagh little Johnstown The Dirr Youngestown
the same according to the rules of this Act and are by virtue hereof to be removed from the same shall have so much other forfeited lands set out to them by the Commissioners for the Execution of this Act as may be sufficient to reprize and satisfie them for two full third parts of the lands from whence they are to be removed and certificates shall be thereof granted in order to the passing of Letters Patents which shall be of like force and effect as any other Letters Patents granted in pursuance of this Act are or ought to be And they and every of them are hereby likewise discharged for them their Heirs and Executors respectively of and from all arrears of rent and measne profits received or to be received by them at any time before they shall be removed as aforesaid Provided also That the Town and Lands of Bradcullen and so much lands contiguous about the same as may amount unto three thousand acres of profitable land with the appurtenances which by the said Contract made with the said Teige O Conner were to have been given or assured to the said Teig O Conner and his heirs shall be and are hereby excepted from being settled upon the said William Earl of Strafford and Thomas Radcliffe and their Heirs or any of them and shall remain diposeable between Sir Francis Gore Knight and Captain Robert Parkes according to their several proportions of what they respectively possess of the said estate and what by the rules of this Act shall belong to them respectively and are to be reckoned and numbred out of such lands which are now in their or either of their possessions most contiguous to the said Town of Bradcullen in pursuance of the said Contract And whereas the said Sir Philip Percival and Sir George Ratcliffe or one of them did besides the said Donogh O Connors estate in like manner purchase some other small parcels of lands tenements and hereditaments in the said County of Sligoe from several other persons Be it further Enacted by the Authority aforesaid That the said William Earl of Strafford and Thomas Radcliffe shall be and are hereby restored to all the Estate Right and Title which the said Thomas late Earl of Strafford and Sir George Radcliffe or either of them had either in Law or equity in or to the said last mentioned lands tenements and hereditaments in the year One thousand six and forty And that they the said William Earl of Strafford and Thomas Ratcliffe shall by the said Commissioners for execution of this Act be forthwith restored to the possession of all such of the said last mentioned lands tenements and hereditaments whereof the said Thomas late Earl of Strafford and Sir George Radcliff or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed in the said year One thousand six hundred and forty under the rents and services due and payable thereout to His Majestie in the said year And forasmuch as the Adventurers and Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and are now in possession of or claim the same may the better know whether they may hold the said lands or take themselves to their Reprizals the said Commissioners are required to hear and determine of the said purchases and of the right title and interest either in Law or Equity which they the said William Earl of Strafford and Thomas Radcliffe have or had in or to the said last mentioned lands and to reprize the said Adventurers Officers and Souldiers in other lands of equal value worth and purchase according to the rules of this Act in case the said lands shall be evicted from them as aforesaid who are hereby discharged of and from all arrearages of rent and mean profits received at any time before they shall be removed from the said last mentioned lands Any thing in this or the said former Act to the contrary notwithstanding And be it further Explained Declared and Enacted by by the Authority aforesaid That all and singular the lands tenements and hereditaments and other estates with their and every of their members and appurtenances of within or appertaining to the half Barony of Irris alias Irrus or Erris and the Parish of Dunfiny alias Ducuni adjoyning unto Irris in the County of Mayo and the Parish of Termon-barry alias Tearmonbeary in the County of Roscommon and all and every or any of them vested in settled on forfeited to or belonging upon the said three and twentieth of October One thousand six hundred forty one or at any time since unto Your Majestie or Your Royal Father together with all the Mines and Minerals therein Royal Mines excepted and all Fishings on the Sea coasts of the same as also on the Loughs and fresh Rivers and waters thereunto in any wise belonging or appertaining be and they are hereby as from the five and twentieth day of March One thousand six hundred sixty five in the Seaventeenth year of your Majesties Raign vested in settled on and granted unto Sir Robert Vyner Knight Thomas Vyner Esq James Temple Henry Lewis and Silvanus Hyde of London Gent. their Heirs and Assignes for ever to be held of your Majestie your Heirs and Successors as of your Castle of Dublin in Free and Common Soccage at and under the yearly Rent of fifty pounds to be paid into your Majesties Exchequer at Michaelmas and Easter by equal portions And that Thomas Earl of Ossory Richard Earl of Burlington and Cork Roger Earl of Orrery Richard Earl of Arran and Robert Boyle Esquire their Heirs and Assigns for ever shall possess and enjoy the full benefit advantage and effect of your Majesties gracious Letters under your Royal Signet bearing date the Five and twentieth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto Sir James Shaen his Heirs and Assigns for ever in for or towards satisfaction of Adventures or Arrears for service done in Ireland and other interests confirmed allowed or satisfied by or intended allowed confirmed or satisfied by or in pursuance of your Majesties said gracious Declaration of the Thirtieth of November One thousand six hundred and sixty and other Concessions consistent with and agreeable to the same And also to have hold and enjoy to them their Heirs and Assigns for ever the full benefit advantage and effect of your Majesties Letters under your Royal Signet bearing date the Four and twentieth day of July One thousand six hundred sixty five in the Seventeenth year of your Reign in trust for and to the uses intents and purposes therein expressed mentioned and declared Excepting onely what concerns the lands and premisses in Irris Dunfiny and Tearmonbeary or any of them Any other Clause Provisoe Sentence matter or thing whatsoever in the said former
or this present Act contained or any retrenchment order or other matter or thing to the contrary in any wise notwithstanding so far forth as the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall finde the several matters and things herein contained to be consisted with or agreeable unto your Majesties said Declaration the said former or this Act or any of them And be it further Enacted by the Authority aforesaid That nothing in the said former or this present Act may or shall in any sort impeach the innocency of or otherwise prejudice Francis Ferrall of Mornine in the County of Longford Esq but that he shall be and he is hereby restored unto all and every the Lands Tenements and Hereditaments claimed by him whereof he was possessed the Three and twentieth of October One thousand six hundred forty one and thereunto rightfully intitled and are particularly recited and mentioned in his Decree from the late Commissioners whereby he is adjudged an Innocent person Notwithstanding his taking of lands in Conaght or any other cause matter or thing to the contrary And be it further Enacted by the Authority aforesaid That the Commissioners for the execution of this Act shall forthwith set out and restore to Sir Connel Farrell Knight and his Heirs all and singular the Messuages Mannors Lands Tenements and Hereditaments which in and by the said former Act were granted and restored or mentioned meant or intended to be granted and restored unto the said Sir Connell Farrell and all other the benefits and advantages of the said former Act And that certificates be thereof granted unto the said Sir Connell Farrell in order to the passing of Letters Patents accordingly And the said Commissioners are likewise to set out to Cornet Robert Meredith and all others who were or are seized or possessed of any of the said Lands Tenements or Hereditaments in satisfaction of any Adventures or Arrears such other forfeited lands as may be equal in quantity of Acres unto two full third parts of the lands so to be restored any thing herein before contained to the contrary notwithstanding Provided also and be it further Enacted that the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizal restore unto Colonel John Kelly of Skryne in the Barony of Athlone and County of Roscomon his heirs and Assignes all and every the Mannors Castles lands Tenements reversions remainders and all other hereditaments Right title condition and other interest and estate whatsoever which he the said John Kelly or any other in trust for him or to his use had held possessed or enjoyed or of Right ought to have had held possessed or enjoyed upon the two and twentieth day of October One thousand six hundred forty one And that after such Restitution and in lieu and satisfaction thereof the Commissioners do likewise with all convenient Speed set out and allot or cause to be set out and allotted unto the Adventurers Souldiers Protestant purchasors of lands in Connaght and Clare before the first day of September One thousand six hundred forty nine or their Trustees and their heirs Executors and Assignes respectively who shall be removed to make way for such restitution their several and respective two third parts or such other satisfaction as will be due to them by the rules of this Act out of some other forfeited and undisposed lands any thing in this or the said former Act contained to the contrary notwithstanding And whereas His Majestie in and by certain Letters Patents under the Great Seal of Ireland did give and grant unto Sir Henry Talbott Knight certain lands in Connaght in Exchange of and for certain other lands of his the said Sir Henry Talbott adjoyning to the Castle of Dublin and convenient for His Majesties service It is therefore hereby provided and Enacted That it shall and may be lawful to and for the said Sir Henry Talbott to have hold and enjoy to him and his heirs all and singular the lands Tenements and Hereditaments in Connaught in and by the said Letters Patents granted according to the tenor and effect of the same Letters Patents any thing in this Act contained to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith set out and allot unto all and every the Adventurers Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine their heirs and Assignes who now are seized or possessed of any Castles Houses lands Tenements and Hereditaments Rents interests and estates whatsoever in this Kingdom which Nicholas Plunkett of Balrath in the County of Meath Esq now Sir Nicholas Plunkett Knight rightfully had and enjoyed upon the two and twentieth of October One thousand six hundred forty one so much other forfeited lands as may be equal in value worth and purchase to two full third parts of the lands whereof they are so possest if they shall be willing to accept of such reprize and to be removed from the same And that all and every the messuages lands Tenements and Hereditaments for which they or any of them shall accept of such reprize and from which they or any of them shall be removed as aforesaid and the other third part of the premisses and all other messuages lands Tenements and Hereditaments Rents Interests trusts and estates whatsoever which at the time aforesaid did belong to the said Nicholas Plunkett shall be by the said Commissioners set out and allotted and granted unto James Hamilton Esq one of the Grooms of His Majesties Bedchamber his heirs Executors Administrators and Assignes respectively And in case any person or persons seized or possessed of the premisses or any part thereof shall not be willing to be reprized for or removed from the same as aforesaid the Commissioners for Execution of this Act shall forthwith set out and allot unto the said James Hamilton and his Heirs so much forfeited lands in some other convenient place as may be equal in value worth purchase to the said lands Tenements and Hereditaments or to so much thereof as the said Adventurers and Souldiers or other persons aforesaid shall be unwilling to be removed from and herein they are required to proceed with all convenient speed any thing in the said former or this present Act to the contrary notwithstanding And whereas in and by the said former Act and the Declaration therein recited it was provided that it should and might be lawful to and for his Majestie to restore any innocent Papists who were dispossessed of their Houses in Corporations to their several and respective Houses within the said Corporations His Majestie is graciously pleased that it may be Enacted And be it Enacted That the said clause and the power thereby reserved to His Majestie shall be and is hereby repealed released and discharged Provided