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A45983 An act for the explaining of some doubts arising upon an act intituled, An act for the better execution of His Majesties gracious declaration for the settlement of His kingdom of Ireland and satisfaction of the several interests of adventurers, souldiers, and other his subjects there; and for making some alterations of, and additions unto the said act, for the more speedy and effectual settlement of the said kingdom.; Public General Acts. 1665 17 Charles II c. 2. Ireland. 1665 (1665) Wing I316B; ESTC R216259 132,385 160

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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
appurtenances in the said County of Wexford and all other Lordships Mannors Castles Lands Tenements Rents and Arrearages of Rents reserved and payable upon any Lease or Leases for lives or years or otherwise and all Reversions Remainders Services and Hereditaments late of the said Robert Wallop with their and every of their appurtenances in the said County of Wexford and also all that Priory or Rectory and Church Impropriate of Selsker in the said County of Wexford and all Houses Edifices Barns Stables Tythes Oblations Obventions Profits Commodities and Advantages whatsoever thereunto belonging or appertaining and all other Tithes or tenth parts of Corn Grain Hay Wool Lamb Fish and other Tithes whatsoever late of the said Robert Wallop yearly arising coming renewing or happening within the severall Parishes and Towns Vills fields hamletts tytheings and tytheable places of St. Margaret St. Ivern Ishartenon Kilmore Killame St. Peter Carycke Killoryn Ballysonon Ballnalden Killish Ardcavan and Ard-Collme Killmallock St. Nicholas Takillin Skreene Killisk Ballmestaine Selsker and St. Toolirck in the said County of Wexford and also all other Lordships Mannors Castles Abbeyes Towns Vills Territories Messuages Lands Tenements rents and arrearages of rents as aforesaid reversions tythes and hereditaments whatsoever in Ireland late the possessions of the said Robert Wallop and also all other Mannors Messuages Lands Tenements Meadowes feedings pastures woods under-woods tythes rents reversions and hereditaments together with all and singular Courts Courts-leet Courts-Baron viewes of Franckpledge and all that to Courts-Leete and viewes of Franckpledge appertaineth Perquisits and profits of Courts Chattels Waifes Estrayes Rights Iurisdictions Franchises Privileges Commodities Advantages Emoluments Hereditaments whatsoever to the aforesaid Lordships Mannors Castles Abbyes Lands Tenements Hereditaments and other the premisses aforesaid or any of them or any part or parcel of them in the said County of Wexford or elsewhere in this Kingdom of Ireland belonging or appertaining or accepted used reputed taken or known as part parcel or member of them or any part or parcel of them with their and every of their appurtenances late of the said Robert Wallop all which premisses by His Majesties Letters Patents under his Great Seal of England bearing date the six and twentieth day of September in the thirteenth year of his now Majesties Raign were mentioned to be granted by his said Majestie unto the said Thomas Earl of Southampton Lord Ashley Sir Orlando Bridgeman and Sir Henry Vernon and their Heirs and all and singular conditions covenants forfeitures entries titles and rights in any Indenture or Indentures of Lease of the premisses or any of them specified or contained or otherwise And be it further Enacted by the authority aforesaid That all and singular the said Castles Mannors Hereditaments and premisses shall be and are hereby declared and adjudged to be vested and settled in the said Thomas Earl of Southampton Anthony Ashley Lord Ashley Sir Orlando Bridgeman Sir Henry Vernon and their heirs and that as fully and amply as if the said Letters Patents had been good and effectual in law according to the intent and purpose thereof any thing in this or the said former Act to the contrary hereof in any withstanding And be it further Enacted That Sir Maurice Eustace Knight late Lord Chancellor of Ireland Arthur Earl of Essex Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloone Michael late Lord Bishop of Cork now Lord Chancellor of Ireland and Lord Archbishop of Dublin John Lord Vicecount Massareen Marke Lord Vicecount Dungannon Rober Boyle Esq Sir Arthur Forbus Major George Rawdon now Sir George Rawdon Baronet and the relict and heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cooke and the Orphans of Colonell Owen O Conelly Sir George Lane Sir James Waymes Sir George Ascough Sir Theophilus Jones Sir Walter Plunkett Sir George Preston Sir John Bellew Sir Martin Noel Sir St. John Broderick William Legg Esq Edward Vernon Esq Robert Southwell Esq Captain William Hamilton Maurice Keating Esq Erasmus Smith Esq Susanna Bastwick and her Children Sir William Pettie and all others particularly provided for in the said former Act and not particularly mentioned in this present Act and other special provisions made for them their heirs executors and Assigns do hold and enjoy to them their heirs and Assignes all and singular the lands tenements and hereditaments in and by the said former Act settled granted disposed and confirmed or mentioned meant or intended to be settled granted disposed and confirmed to them their heirs and Assignes and not already decreed away by such decrees as are herein confirmed and all other the benefits and advantages of this present Act and the benefits and advantages in and by the said former Act mentioned in any particular clause or other provisoe relating to them or any of them their heirs or Assignes the benefit of reprizals in the said former Act granted onely excepted any retrenchment or alteration thereof made by the Lord Lieutenant and Council of Ireland or any other matter or thing in this Act to the contrary notwithstanding And it is further Enacted that Sir William Penn shall hold and enjoy to him and his heires all and singular the lands Tenements and hereditaments situate in the County of Cork whereof he the said Sir William Penn by himself or his under tenants was upon the first day of March One thousand six hundred sixty and four in possession as tenant to his Majestie and in case the same shall fall short of the full value of One thousand pound per annum over and above all Quit rents charges and reprizes the Commissioners for Execution of this Act shall cause so much other forfeited land to be sett out and allotted unto the said Sir William Penn his Heirs and Assignes as may make up the same to the full cleer yearly value of One thousand pounds per annum as aforesaid and in case the lands held by the said Sir William Penn his undertenants or Assignes upon the said first day of March One thousand six hundred sixty and four shall exceed the value of One thousand pound per annum over and above all Quit rents charges and reprizes as aforesaid he the said Sir William Penn his Heirs and Assignes shall reconvey unto his Majestie his Heirs and Successors so much thereof as by the Commissioners for the execution of this Act shall be declared or by any Inquisition to be taken within two years after the Royal assent given to this Bill shall be found to be over and above the value of One thousand pounds per annum as aforesaid And it is further Enacted by the Authority aforesaid That the Earl of Clanrickard Earl of Castlehaven Morrough Earl of Inchequin the Earl of Clancarty Lord Vice-Count Dillon Simon Luttrell Dudley Bagnall Esq Henry Bagnall Catherine Corbett Theobald Purcell Esq and such others who are particularly mentioned in the said former Act to be restored to their estates and therein
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
him the said John Neile for the Houses in Waterford whereof his Father was seized and possessed the two and twentieth of October One thousand six hundred forty and one any thing in the said former Act or this present Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall restore unto Sir Luke Bath Baronet and his Heirs all the Castles Houses Mannors Lands Tenements and Hereditaments Rents Reversions or Remainders Right Title Interest and Estate whatsoever which he the said Sir Luke Bath or his deceased Father James Bath or any other in trust for them or either of them or to their or either of their use was seized or possessed on the two and twentieth day of October One thousand six hundred forty one except the houses and lands within the City of Dublin and Liberties thereof and also except all Impropriations and Appropriate tythes which said Mannors Lands Houses and Hereditaments so as aforesaid to be restored shall after such restitution be held by the said Sir Luke Bath and his Heirs and Assignes and shall be subject to such Quit-rents Services and other payments as the same are made lyable unto by this Act and would have been charged with in case the same had continued in the possession of any the Adventurers or Souldiers or of their or any of their Heirs or Assigns And it is hereby Declared and Enacted That the Commissioners for Execution of this Act shall forthwith set out and allot unto the said Sir Luke Bath and his Heirs so much forfeited lands in lieu of the said houses and lands in Dublin formerly belonging to him the said Sir Luke Bath or his Father and to which he is not to be restored as may be sufficient to reprize him the said Sir Luke Bath and his Heirs for the houses and lands aforesaid And the said Commissioners are also to set out and allot unto His Royal Highness James Duke of York and his Heirs so much other forfeited lands as may be equal in value worth and purchase for what he hath in Custodiam of the Estate of Sir Luke Bath and that the Adventurers and Souldiers and the Officers who served before the fifth of June One thousand six hundred and forty nine and all other who are possest of or intitled unto any of the estate of the said Sir Luke Bath according to this Act shall be likewise reprized in two full third parts of the value of their respective interests before the said Sir Luke Bath be restored to such part of his estate from whence they are to be removed Any thing in this Act or the former Act or any other Law Statute Ordinance Vtlary Attainder Record Sequestration Allotment or any other cause matter or thing to the contrary notwithstanding Provided always 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 reprizal restore unto Garret Moor of Mourueene in the County of Mayo Esq His Heirs and Assigns 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 Garret or his Father or any other in trust for them or either of them or for either of their uses had held possessed or enjoyed or ought to have had held possessed or enjoyed on the two and twentieth 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 and Souldiers their Heirs Executors and Assigns respectively who shall be removed to make way for such restitution their several and respective two third parts out of some other undisposed forfeited Lands Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act do forthwith and without staying for any previous Reprizal restore unto Edmond Lord Vice-count Mountgarret his Heirs and Assigns his and their principal and Capital Messuage with the appurtenances and shall also forthwith restore unto the said Edmond Lord Vice-count Mountgarret his Heirs and Assigns all and singular other the Messuages Mannors Castles Lands Tenements Reversions Remainders and other Hereditaments Right Title Condition and other Interest and Estate whatsoever which he the said Edmond Lord Vice-count Mountgarret or his Father or any other in trust for them or either of them or for either of their uses had held possessed and enioyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and whereof no Adventurer or Souldier nor the Heir Executor Administrator or Assignee of any Adventurer or Souldier is now in possession Impropriations or Appropriate tythes onely excepted And that all and every the Lands Tenements and Hereditaments whereof the said Edmond Lord Vice-count Mountgarret or his Father or any other person or persons in trust for him or to his use were seized or possest on the said two and twentieth day of October One thousand six hundred forty one and which are now in the possession of any Adventurer or Souldier or of the Heir Executor Administrator or Assignee of any Adventurer or Souldier shall after their several and respective full two third parts to them set out and allotted out of other forfeited and undisposed lands in satisfaction of their several and respective interests be likewise set out and allotted unto and placed in the possession of him the said Edmond Lord Vice-count Mountgarrett and his Heirs any thing in this or the said former Act to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto Colonel Lucas Taaffe and Elizabeth his Wife all and singular the Ioinctures portions lands Tenements and Hereditaments and other interest whatsoever which the said Elizabeth or any other in trust for her or for her use had or ought to have had held possessed or enjoyed the two and twentieth of October One thousand six hundred forty one or at any time since any thing in this Act or any other Act contained to the contrary notwithstanding Provided Nevertheless that no reprizable Souldier Adventurer Officer serving before the fifth of June One thousand six hundred forty nine or Protestant Purchasor in Connaght or Clare be removed out of any part of the premisses which they are to have by the rule of this Act before they be first reprized for the same according to the said rules And be it further Cnacted by the Authority aforesaid That Richard Earl of Burlington and Corke Lord High-treasurer of Ireland his Heirs and
said Vice-Treasurer may know what sums of money he is to receive all Acquittances which shall be given as aforesaid are to be entred and signed by the several Officers of the Exchequer according to the accustomed manner of Acquittances All which payments sum and sums of money the said Receiver or Receivers are to accompt for and pay over unto Arthur Earl of Anglesey His Majesties Receiver General and Vice-Treasurer of this Kingdom or to the Receiver General and Vice-Treasurer of this Kingdom for the time being to be diposed of issued and paid out by him to and for the several uses intents and purposes unto which and in such manner as the same are respectively designed limited or appointed and to no other intent use or purpose upon the issuing whereof the said Earl of Anglesey or the Vice-Treasurer for the time being shall take the usual accustomed fees payable for other moneys And the said Collector or Collectors Receiver or Receivers for their pains care and service herein shall have take receive and deduct out of and for the respective payments sum and sums of money which they shall so receive pay over or accompt for such fees as were formerly allowed unto and taken by the former Receivers of the money payable by the Adventurers and Souldiers Any thing in the said former or this present Act to the contrary in any wise notwithstanding Nevertheless it is hereby declared That the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine shall be and are hereby discharged of and from the payment of any fees due and payable unto the said John Bence and Alexander Bence Receivers aforesaid for or out of any Debentures due to the said Commissioned Officers but that the said John Bence and Alexander Bence shall in lieu of and satisfaction for the same receive such compensation and recompense out of the Rents Issues and Profits of the Security appointed for satisfaction of the said Debentures as the Lord Lieutenant and Council shall think fit Provided alwaies and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act do forthwith and without staying for any previous Reprizal restore unto Theobald Lord Vice-Count Mayo his Heirs and Assigns his and their principal and Capital Messuage with the appurtenances and shall also forthwith restore unto the said Theobald Lord Vice-Count Mayo his Heirs and Assigns all and singular other the Messuages Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments right title condition and other interest and estate whatsoever which he the said Theobald Lord Vice-Count Mayo or his Father or any Ancestor whose heir he is or any other in trust for them or any of them or for any of their uses had held possessed or enjoyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and whereof no Adventurer or Souldier nor the Heir Executor Administrator or Assignee of any Adventurer or Souldier is now in possession Impropriations or Appropriate tythes onely excepted And that all and every the Lands Tenements and Hereditaments whereof the said Theobald Lord Vice-Count Mayo or his Father or any other Ancestor whose heir he is or any other person or persons in trust for them or any of them were seized or possest on the said two and twentieth day of October One thousand six hundred forty one and which are now in the possession of any Adventurer or Souldier or of the Heir Executor Administrator or Assignee of any Adventurer or Souldier shall after their several and respective full two third parts to them set out and allotted out of other forfeited and undisposed lands in satisfaction of their several and respective interest be likewise set out and allotted unto and placed in the possession of him the said Theobald Lord Vice-Count Mayo and his Heirs Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That nothing herein contained shall in any sort prejudice the right title or interest of Captain Owen Mac Carthy of Clogheroe in the County of Cork unto any of the Lands Tenements or Hereditaments in the said County mentioned or specified in his Claim upon which he was adjudged innocent by the late Commissioners but left to the Law for the recovery of the same And that the Lands so claimed by him shall continue and remain in His Majesties hands undisposed of for the space of twelve moneths next after the passing of this Act to the end that the said Owen Mac Carthy may within that time make out his right and title thereunto if any he have and cause the same to be adjudged and determined by due course of Law And in case the said right and title be not made to appear and be determined as aforesaid within the time aforesaid then all and singular the said Lands shall and may be disposed of as any other forfeited lands by this Act ought to be Any thing in the said former Act or this present Act to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the arrears due unto the late Marquess of Clanricard for the several times and imployments he had in this Kingdom before the tenth of December One thousand six hundred and fifty be allowed and satisfied to the Executors or Administrators of the said Marquess of Clanricard out of the Securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine And that the said Executors and Administrators be and are hereby admitted and allowed to state all the said arrears due to the said Marquess of Clanricard before and until the tenth of December One thousand six hundred and fifty before the Commissioners for execution of this Act before any distribution made of the said Securities Any thing in this Act or the said former Act contained to the contrary notwithstanding His Majestie taking into consideration the many good and faithful services performed by Charles late Vice-Count Muskry in Forreign parts and particularly that in consequence of the Disposition of Dunkirk the state of His Majesties affairs did not admit the continuance of the pay of the Regiment of Foot commanded by the said Charles Vice-Count Muskry was therefore graciously pleased by His Royal Letters of the sixth of April in the fifteenth year of His Reign to direct and appoint that all the Lands in the Barony of Muskry in the County of Cork forfeited to His Majestie and not set out to Souldiers or Adventurers nor restored to the former Proprietors the greatest part whereof were held of the estate of Donogh Earl of Clancarty the said Charles his Father should be by one or more Grant or Grants passed under the Great Seal of Ireland unto the said Charles late Vice-Count Muskry his Heirs
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
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 Assigne● 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
four Courts in Dublin between two and five of the Clock in the afternoon shall think fit and assess which said sum or sums so to be assessed and raised shall not exceed two pence for every profitable Acre which shall be by virtue of this Act confirmed unto them their Heirs and Assignes now in their possessions or at any time hereafter shall be confirmed upon them respectively and shall be paid unto the Receivers herein after mentioned and shall be disposed by them or any three or more of them for and toward the end aforesaid and not otherwise Provided alwayes that of the three there be alwayes one of the Peers and two of the Commoners before specified and for default of payment of any summ or summs so assessed it shall and may be lawful to and for the persons aforesaid or any three or more of them or such other person or persons as they shall direct and appoint to levy by distress and Sale of the Goods and Chattels of such person or persons so making default double the summ that shall be upon him or them assessed and in arrears rendering the overplus to the partie distrained And whereas amongst several Bils certified and transmitted under the Great Seal of Ireland unto his Majestie in his High Court of Chancery in England by a certificate bearing date at Dublin the thirteenth day of May in the sixteenth year of His Majesties Raign a Bill is transmitted intitled an Act for settling of Certain lands of Erasmus Smith Esq for charitable uses Be it further Enacted by the Authority aforesaid That all the lands Tenements and Hereditaments in the said Bill mentioned and thereby intended to be disposed for charitable uses and not already Decreed away by the Commissioners for Execution of the said former Act shall be continued applyed unto and preserved intirely for such pious and charitable uses and that the Commissioners for Execution of this Act shall not allot or distribute the said lands or any part thereof or suffer the same to be allotted or distributed to any Adventurer or Souldier in pursuance of this Act And where any of the lands set out by the said Erasmus Smith to pious or charitable uses have been evicted recovered or charged by any Decrees which are confirmed by this Act the Commissioners for Execution of this Act shall cause a like quantity of forfeited and profitable Acres within the County of Lowth if so much can there be found or otherwise elsewhere to be set our and allotted to the same pious uses as may be sufficient to recompence the loss which hath hapned by such Decrees as aforesaid any thing in this or the said former Act to the contrary notwithstanding and Whereas several lands and Tenements in the County of Tipperary heretofore in the possession of Erasmus Smith upon the Seaventh day of May One thousand six hundred fifty and nine and claimed by him as an Adventurer according to the rules of His Majesties late Gracious Declaration and the said former Act were after the said Declaration and before the passing of the said Act granted by His Majesties Letters Patents unto Sir John Stephens and his Heirs as lands concealed which grant nevertheless might at any time by the rules of the said former Act have been revoked by His Majestie if His Majestie had not been pleased since the passing of the said Act to release his power of Revocation by reason whereof great suits and controversies are likely to arise between the said Erasmus Smith and the said Sir John Stephens and such as do or may hereafter claim under them respectively to the end therefore that speedy right and justice may be done and the said controversies appeased and determined Be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall examine the right and title of the said Erasmus Smith and of the said Sir John Stephens in and to the said lands and Tenements and if they shall find that the said Erasmus Smith or those under whom he claims were on the Seaventh of May One thousand six hundred fifty and nine seized or possest of all or any the said lands as an Adventurer or Adventurers or as the Heir or Assignee of any Aduenturer then they shall forthwith restore the possession to the said Erasmus Smith to be held by him and his Heirs and Assignes in like manner and proportion as other Adventurers ought to enjoy their several and respective proportions according to this Act in which case the said Erasmus Smith is hereby enabled to sue for and recover the Measne profit thereof received but if they shall find the said lands to have been held by the said Erasmus Smith without any such title as aforesaid and that the same were concealed from his Majestie at the time of the passing of the said Letters Patents then they shall adjudge the said lands or so much thereof as they shall find to be so concealed to Sir John Stephens and his Heirs to be held by him and his Heirs according to the tenor of his said Letters Patents and such judgement and Decree as the said Commissioners shall make touching the premisses shall be and is hereby made concluding to the said Erasmus Smith and the said Sir John Stephens their Heirs and Assignes any thing in the said Letters Patents or in the said former Act contained to the contrary notwithstanding And whereas William Mountgomery of Rosemound in the County of Down Esq did purchase of several persons certain Debentures which were due for service done in Ireland since the fifth of June One thousand six hundred forty and nine and placed the same in and upon the purchase of a part of his own Estate called or known by the name of the Mannor of Florida in the County aforesaid then set out or set a part by reason of or upon accompt of the said late Rebellion or warr since which time the said William Mountgomery hath by the Commissioners for the Execution of the said former Act been declared adjudged an innocent Protestant and thereupon the said Mannor of Florida together with the rest of the Estate of the said William Mountgomery hath been decreed unto him by reason whereof the Debentures so purchased and placed thereupon as aforesaid do remain wholy unsatisfied Be it therefore Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out or cause to be set out unto the said William Mountgomery so much forfeited Land as may be sufficient to satisfie the said Debentures in like manner and form and according to such Rates and proportions as any other like Debentures ought by the Rules of this Act to be satisfied as fully amply as any other purchaser or Assignee of the said Deventures ought to have been satisfied in case the same had been placed on the said Mannor so evicted or decreed as aforesaid And whereas in and by a certain Clause in the said former
Act Colonel John Fitz Patrick of Castle-Town in the Queens County is restored in blood and also restored unto and vested in the real and actual possession and seizin to him and his Heirs of all and every the Castles Mannors Lands Tenements and Hereditaments reversions remainders and Leases whereof the said Colonel John Fitz Patrick or his Father or any other in trust for them or either of them or to their use were at any time before the two and twentieth of October One thousand six hundred forty one Lawfully seized or possessed upon which words Seized or possessed some doubt or question in law may arise how far the said clause may avail the said Colonel Fitz Patrick by reason that a certain Office or Inquisition was found in the nineteenth year of King James by which His Majestie is or may be intiled or presented to be intitled to the whole Territory of Upper Ossery within which place the Lands intended to be restored to the said Colonel John Fitz Patrick do lye and so by consequence the seizin and possession thereof which was in the said Colonel John Fitz Patricks Grandfather at the time of the said Office or Inquisition found may be from the said nineteenth year of King James conceived to have been in the Kings Majestie and not not in the said Colonel Fitz Patricks Grandfather or any other in trust for him although he or some of them were then in the Actual possession and occupation thereof and received the profits Be it therefore Enacted and explained by the Authority aforesaid that the said Colonel John Fitz Patrick shall hold and enjoy to him and his Heirs the full benefit of the clause and provisoe in the said former Act contained the said Office of Inquisition or any other matter or thing in the said former Act or this present Act to the contrary notwithstanding And it is hereby declared and Enacted that all and every the Adventurers and Souldiers their Heirs and Assigns to whom any Lands or Tenements in the Queens County were set out and allotted and whereof they were possest the seventh of May One thousand six hundred fifty and nine the Lands of the said John Fitz Patrick excepted shall hold and enjoy such part of the said Lands and Tenements as will be due to them by the Rules of this Act the said Office or Inquisition in the nineteenth year of King James to the contrary notwithstanding Provided alwaies that all and singular the Clauses in the said former Act contained wherein or whereby any Mannors Lands Tenements or Hereditaments are granted to or vested in Theobald Earl of Carlingford or whereby any other benefit or advantage can or may accrue unto the said Earl of Carlingford shall be and are hereby again confirmed and shall be enioyed by the said Earl of Carlingford in as full and ample manner as in the said Act is contained any retrenchment change or other alteration thereof made by the Lord Lieutenant and Council of Ireland and any other clause matter or thing in the said former Act or this present Act contained to the contrary thereof in any wise notwithstanding Provided alwaies and it is hereby declared and Enacted That Sir Richard Ingoldsby Knight of the Bath and Sir Henry Ingoldsby Baronet shall hold enjoy to them and their Heirs all and singular the Lands within and contiguous to the Mileline in the County of Clare which were set out to them or either of them in satisfaction of fifteen hundred and fifteen pounds eleaven shillings two pence with their Houses and Gardens in Limerick and also all and every their Lands of which they or either of them were possessed by themselves or their Tenants the seventh of May One thousand six hundred fifty and nine such part of the Premisses onely excepted as have been Decreed away by the Commissioners for Execution of the said former Act any thing in this or the said former Act contained to the contrary notwithstanding And Whereas Captain Henry Finch late of Londonderry Deceased in pursuance of a Commission from Sir William Parsons and Sir John Birlacy sometimes Lords Iustices of Ireland did in the moneth of November One thousand six hundred forty one levy and Arm a Company of Foot consisting of One hundred Men besides Officers in the County of the City of Londonderry and maintained the said Company for three years at his own charges and continued in the command of the said Company against the Rebels from the moneth of November One thousand six hundred forty one until the moneth of October One thousand six hundred forty and eight and was then disbanded without receiving any the least satisfaction and yet nevertheless the arrears due to the said Henry Finch for his service before the fifth of June One thousand six hundred forty nine have not been cast up nor stated by the Commissioners for Execution of the said former Act partly by reason of some doubt conceived that the said Company was not upon the establishment of the Ulster Army Whereas in truth the said Company was received into the said establishment though the Order whereby the same should be made appear could not then be produced and partly by reason of other accidents Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and before any distribution made of the Houses lands Tenements Hereditaments or summs of money herein before appointed for the security and satisfaction of such Commissioned Officers as served before the fifth of June One thousand six hundred forty nine cast up and state the arrears which were due to the said Henry Finch Deceased for the service aforesaid and that after the arrears so stated William Finch and Henry Finch Sonns and Administrators of the said Henry Finch Deceased shall be satisfied and paid and are hereby Enabled to demand and receive satisfaction equally and proportionably having respect to the arrears stated and in like manner as any other Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine and whose arrears are stated and allowed by the Commissioners for Execution of the said former Act may or ought to be satisfied and as fully and amply as if the arrears which were due to the said Henry Finch Deceased had been stated and allowed within the time limited by the said former Act any thing in the said former Act or this present Act contained to the contrary notwithstanding And whereas Alice Countess Dowager of Barrimore would have been lawfully intitled unto the payment of and satisfaction for the several respective arrears which were due unto David late Earl of Barrimore ber Husband and to James Barry her son deceased as Commissioned Officers for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Dennis Muschampe Esq would
Lord Kingston his Heirs and Assignes so much more other Lands Tenements and Hereditaments in the Counties of Cork Limerick and Tipperary which by virtue of this Act shall or may be Retrenched from any Adventurers Souldiers their Heirs Executors or Assignes or of other forfeited lands within the said Counties or within the Counties of Dublin and Kildare or some of them as together with the lands in the said Letters Patents granted or mentioned to be granted to him as aforesaid and as shall be possessed and enjoyed by him and not recovered or granted away from him by this or the said former Act are of the said present cleer yearly rent of Seaven hundred pounds and as over and above the said yearly rent are equal in value worth and purchase unto two full third parts of all the lands recovered against him by virtue of any Decrees heerein confirmed or that have been delivered up or parted with to William Lord Vice-count Dungan and others in observance of His Majesties Letters To the end that like effectual Letters Patents may thereof also be granted unto the said John Lord Kingston and his Heirs as are herein before appointed to be granted to other Adventurers and Souldiers of their respective allotments any matter or thing whatsoever in this or the said former Act or any other Act contained or otherwise to the contrary in any wise notwithstanding Saving unto Charles Lord Vice-count Fitz Harding and his Heirs such right and title in and to any of the premisses as he or they can or may claim by virtue of any Letters Patents thereof granted unto Charles late Lord Vice-count Fitz Harding after Earl of Falmouth by His Majestie any thing herein before contained to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That Sir John Percivall Baronet his Executors Administrators and Assignes shall and may hold possess and enjoy the Town Lands of Kinsaley in the County of Dublin for the term of sixty one years from the first day of May One thousand six hundred sixty and three according to the tenor and full effect of an Indenture of Lease under the Great Seal of Ireland to him thereof made and under the rents covenants and conditions thereby reserved expressed and limited any thing in the last precedent clause or in this present or any other Act to the contrary thereof in any wise notwithstanding Provided also that nothing in this Act or the Letters Patents granted to the said Lord Kingston shall enable him the said Lord Kingston his Heirs or Assignes to hold or enjoy any mannors lands or Tenements lying or being within the Securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine unless he the said Lord Kingston his Heirs or Assignes shall cause so many Debentures for arrears due to the said Commissioned Officers as are satisfiable by the rules of this Act and have not been satisfied in part to be placed thereupon as after the rate of eight years purchase may be sufficient to purchase the premisses any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the messuages Castles Mannors Lands Tenements and other the Hereditaments whereof Sir Daniel O Bryen now Daniel Lord Vice-count O Bryen of Clare or his Brother Tige O Bryan Esq or Connor O Bryan Esq Sonn and Heir apparent to the said Lord Vice-count or Morough O Bryan one other of the Sonns of the said Vice-count O Bryan or any other person or persons whatsoever to their or any of their use or in trust for them or any of them were upon the two and twentieth day of October One thousand six hundred forty one lawfully seized of any estate of freehold or inheritance or possest for any term of years yet in being as also one stone-house in the City of Limerick impropriations and appropriated tithes excepted shall be by the Commissioners for Execution of this Act set out and allotted unto and placed in the present and actual possession of Daniel O Bryan Esq Sonn and Heir apparent of the said Connor O Bryen and the Heirs and Executors of the said Daniel O Bryen respectively without and before any previous reprizal any clause matter or thing in the said former Act or in this present Act herein before or after contained to the contrary notwithstanding And that the Commissioners for Execution of this Act shall grant unto the said Daniel O Bryen such certificates as may be necessary in Order to the passing of Letters Patents of the premisses and further that until such final Settlement and allotment as aforesaid it shall and may be lawfull to and for the said Daniel O Bryen to enter upon and retain and keep possession of the premisses and all and every the Adventurers and Souldiers Protestant purchasors of Lands in Conaght or Clare and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine their heirs Executors Administrators and Assignes who shall be removed to make way for such restitution or be prejudiced thereby shall after such restitution made be satisfied by the allotment of some other forfeited and undisposed lands as may be equal to their several and respective two full third parts of what they depart from or may be prejudiced in according to the rules of this Act and all and every the persons transplanted into and upon any part of the premisses their Heirs and Assignes shall have full satisfaction out of the forfeited lands undisposed of to the 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 settled and satisfied according to this Act. Provided alwayes and it is further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall restore James Fleming of Staholmock Esq unto all the Lordships Castles Houses Lands Tenements Rents Reversions Remainders Hereditaments Right Title interest and estate whatsoever whereof the said James Fleming or any or others in trust for him or to his use were seized or possessed the three and twentieh of October One thousand six hundred forty one And that after such Restitution the said James Fleming shall hold and enjoy the same to him and his Heirs this Act or any other Act Record Outlary 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 restore unto Captain Charles Farrell all and singular the lands Tenements and Hereditaments in the County of Longford whereof he the said Charles Farrell or his Father or any other in trust for them or either of them were seized upon the two and twentieth day of October One thousand six hundred forty one or at any time since and
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
to the payment of such further Quit-rents as any other lands within the same County or Province are Subject unto And the Commissioners for Execution of this Act are hereby required with all convenient Speed to set out and allot unto all and every the Adventurers and Souldiers their Heirs and Assignes who shall be dispossessed by the restitution of the said Marquess so much other forfeited land as may be sufficient to reprize and satisfie the persons so to be removed for their several and respective two full third parts which will be due to them by the rules of this Act And for the better enabling the said Marquess of Antrim to pay his Debts when he shall be restored by sale of land or otherwise which cannot well be done unless the Reversion or remainder in Fee expectant upon the said estate Tayle be taken out of the Crown It is therefore Enacted by the Authority aforesaid That all and singular the lands and Tenements so as aforesaid appointed to be restored And all and every the reversion and reversions remainder and remainders thereof shall be and are hereby vested and settled in Alexander MacDonnell Brother of the said Marquess and his Heirs as a remainder in Fee expectant upon the Death of the said Marquess without issue male Provided alwayes and it is hereby Enacted that no fine recovery or other Act or thing whatsoever to be done or suffered by the said Marquess other than Leases for one and forty years or three lives in possession and not in reversion whereupon the Highest improved Rent which the same were let for in the year One thousand six hundred thirty and five shall be reserved touching or concerning any the Messuages lands Tenements or Hereditaments situat lying within the Barony of Donluce in the County of Antrim shall any way extend to Barr discontinue defeat or incumber the remainder thereof intended by this Act to be settled upon the said Alexander but that the said messuages lands Tenements and Hereditaments in the Barony of Donluce in the County of Antrim shall after the Death of the said Marquess without issue male of his Body remain and be in the said Alexander Mac Donnel and his Heirs Any such Fine Recovery or other Act or thing done or suffered to the contrary notwithstanding Nevertheless it is hereby declared That as to all other the Lands and Tenements so as aforesaid to be restored it shall and may be lawful to and for the said Marquess by Fine Recovery or any other way be shall think fit to bar discontinue defeat or incumber the remainder thereof so limited and settled as aforesaid Provided always and it is Enacted That nothing herein contained shall any way extend to restore the said Marquess of Antrim to the possession of any Lands which he the said Marquess or his father did heretofore grant or convey in Fee Farm to any forfeiting person or persons not declared innocent or to the possession of any lands whereof he the said Marquess or His Father did make any Lease for lives or years to any forfeiting person or person not declared innocent during the lawful continuance of such Lease but that the Lands so granted in Fee Farm or Demised as aforesaid shall be put into the possession of such person and persons for and towards the satisfaction of their two third parts as would have been intitled to the same if the said Decree had not been made nor the said Marquess hereby restored Any thing herein before contained to the contrary notwithstanding saving to the said Marquess and his heirs the Rents and Services due and to be due for the premisses Provided also That nothing herein contained shall any way extend to bar or hinder Rose Lady Marquess of Antrim of her Right and Title of Dower of in or to any the Lands Tenements or Hereditaments so as aforesaid to be restored but that it shall and may be lawful to and for the said Lady Marquess after the death of the said Lord Marquess her husband to sue for and recover her Dower of the said Lands and Tenements 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 and without staying for any previous Reprizal set out restore and allot or cause to be set out restored and allotted unto the said Alexander Mac Donnel and his Heirs all and singular the Lands Tenements and Hereditaments in the Barony of Glanarm in the County of Antrim which were settled or intended to be settled upon him the said Alexander Mac Donnel by his late father and all other the Estate Right Title and Interest whereof he the said Alexander Mac Donnel or any other in trust for him was seized or possessed upon the two and twentieth day of October One thousand six hundred forty and one Impropriations and appropriate tythes excepted subject to the debts and Incumbrances of him the said Alexander Mac Donnel and such other debts as were thereupon charged by the Father of the said Alexander and lyable to a proportionable part of the Rent-charge granted to Alice Countess of Antrim and to such Quit-Rents as by this Act are payable for lands in the same Province Any thing in this or the said former Act contained to the contrary notwithstanding And to prevent all Riots or Disturbances which may happen in taking or keeping possession of the premisses before the final settlement thereof It is further Declared That so much of the premisses hereby intended to be restored to the said Marquess whereof the said Marquess by himself or his Vnder-tenants was in possession upon the first of July One thousand six hundred sixty and five shall remain and continue in his and their possession until restitution be thereof made by the Commissioners as aforesaid And that the Adventures and Souldiers their Heirs and Assigns may retain so much of the premisses hereby intended to be restored to the said Marquess and the said Alexander Mac Donnel whereof they were in in possession the said first of July One thousand six hundred sixty five until restitution be thereof made by the said Commissioners as aforesaid And that Alexander mac Donnel may enter upon all the premisses hereby intended to be restored to him which are not in possession of Adventurers or Souldiers their Heirs or Assigns and the same to retain and keep in his possession until restitution thereof be made by the Commissioners as aforesaid And be it further Enacted by the Authority aforesaid That the Mannor of Edenduffcarick and all other the Lands Tenements and Hereditaments in the Baronies of Toom and Antrim which were given and bequeathed to Rose Lady Marquess of Antrim by the last Will and Testament of Sir Henry O Neile her deceased Father shall be held and enjoyed by the said Lady Marquess and her Heirs Any Prosecution had against the said Lord Marquess her Husband or any other matter
Assignes in the distribution and setting forth of the securitie appointed for the satisfaction of the arrears of the Commissioned Officers who served your Majestie and your late Royal Father in Ireland before the fifth of June One thousand six hundred forty nine shall have the preference preemption of all the forfeited houses lands tenements and Hereditaments in the town of Youghill or the liberties thereof belonging unto and which are part of the said securities at the rate of Eight years purchase as they are or shall be found to be really and Bonâ Fide worth and that Arthur Earl of Anglesey Vice-treasurer of Ireland his heirs and Assignes shall have like preference and preemption of all the forfeited houses lands tenements and hereditaments in the town of Rosse in the County of Wexford or the liberties thereof belonging unto and which are part of the said securities at the rate of eight years purchase as they are or shall be found to be really and Bonâ Fide worth and if any doubt or difficulty shall arise concerning the value of the said houses or lands so as the Trustees for the said Officers shall not be satisfied with the return already made of the value of the same that in such case upon the desire and request of the said Trustees there shall be a new Survey and valuation of the said towns liberties thereof by such persons as shall be appointed by the Commissioners for the Execution of this Act by and with the consent of the said Trustees according to which return the said Houses Lands Tenements and Hereditaments are to be sold and not otherwise And in case the said Earls their Heirs and Assignes or any of them shall offer unto the said Commissioners for the execution of this Act any Debentures of Officers who served as aforesaid before the fifth of June One thousand six hundred forty nine for or in part of payment for all or so much of the said Houses and premisses in the said several towns as shall be by them respectively contracted and agreed for that the same shall be allowed and the said Commissioners are hereby authorized and required to accept and receive the same for all or in part of the purchase money so as the said Debentures are capable of prior satisfaction and there has been such Deductions and defalcations made as are directed by this Act and the said former Act and shall not be accepted to satisfie more in the pound than the whole security will hold out to satisfie the Debentures of the rest of the said Officers the said Commissioners are also required authorized to give such certificates as are necessary for the passing of Patents thereof according to the rules of this Act. And whereas there is a Lease granted of a House in Dublin called Corke house with the appurtenances unto the Right Honourable Richard Earl of Corke and Burlington by the name of Richard Earl of Corke Lord High-treasurer of Ireland from James Margetson Doctor of Divinity Treasurer of the Cathedral Church of St. Patricks Dublin by the approbation of the Archbishop of the same Diocess and in obedience to his Majesties Letters of Recommendation to that purpose dated the twentieth of July One thousand six hundred sixty and confirmed by the several Deans and Chapters both of the Holy Trinity Dublin and St. Patricks Dublin bearing date the three and twentieth of January One thousand six hundred sixty for the term of forty years from the Feast of the Nativity of our Blessed Saviour then last past which was made upon good and valueable considerations Be it therefore Enacted and it is hereby Enacted and ordained by the Authority aforesaid That the said Richard Earl of Cork and Burlington his Executors and Assigns shall and may have hold and enjoy the said house with the appurtenances mentioned in the said Lease for and during the years therein mentioned at the Reservations thereby reserved Any thing in this Act or any other former Act or Statute to the contrary notwithstanding Provided alwayes and be it Enacted That all and singular the Lands Tenements and Hereditaments which Arthur Lord Vice-Count of Valentia and Earl of Anglesey hath purchased from any person or persons in actual possession thereof by virtue of any Grant Order or Disposition of the late Vsurped Powers or any of them the Lands and Tenements Decreed away by the Commissioners for the execution of the said former Act onely excepted shall be settled and are hereby granted and confirmed unto him his Heirs and Assigns and he and they shall have hold and enjoy the same and that for such of the said estates or any part thereof as have or hath been Decreed away as aforesaid or shall be decreed away in pursuance of this Act by the Commissioners appointed or to be appointed for the execution thereof the said Earl His Heirs and Assigns shall forthwith be fully reprized for the same and without any Retrenchment by the said Commissioners by so much forfeited lands as may be sufficient to make up and supply unto the said Arthur Earl of Anglesey his Heirs and Assigns what was or is granted or intended to be granted by the said Act or by this Act And the said Earl his Heirs and Assigns shall have hold and enjoy all other the benefits and advantages in and by the said former Act given granted or provided or intended to be given granted or provided to or for the said Earl his Heirs or Assigns Any thing in the said former Act or in this present Act or otherwise to the contrary notwithstanding And be it further Explained Declared and Enacted by the Authority aforesaid That all and every payment and payments sum and sums of money which are and shall be made by any Adventurer Officer and Souldier Connaght-Purchasor Irish Papist Popish Recusant Roman Catholick or others out of or for any of the said forfeited vested or escheated Lands Tenements Hereditaments and Estates by virtue or in pursuance of His Majesties said Declaration Instructions the said former or this present Act or by all every or any of them to or for any use or uses intent end or purpose therein respectively mentioned expressed declared limited or appointed Excepting onely the Quit-Rents and other Chief-Rents reserved and payable unto His Majestie His Heirs and Successors and such other sums as are herein otherwise directed to be paid shall be paid for the said uses intents and purposes into the hands of John Bence and Alexander Bence Esquires or either of them who are hereby constituted and appointed joyntly and severally to collect and receive the same and to be Collectors and Receivers thereof by themselves or their Deputy or Deputies respectively whose Acquittance or Acquittances Receipt or Receipts for the said several and respective payments sum and sums of money being entred and signed as after is directed shall be firm valid effectual and sufficient discharges in Law for the same respectively And to the end our
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