said Letters Patents shall be of like force and effect as any other Letters Patents granted to Adventurers or Souldiers by virtue of this Act are or ought to be but if the lands so granted as aforesaid shall exceed the value of such Augmentation as by the said former Act was intended to be settled on the Archbishop or Bishop to whom the said lands were granted then the Commissioners for execution of this Act shall cause such Retrenchment of the overplus to be made as may leave unto the respective Archbishops and Bishops his and their due Augmentations and Allowances with as much conveniency and contiguity as may be and the Lands and Tenements so left unto the said Archbishops and Bishops shall be held and enjoyed by them and their Successors respectively as fully and amply as the same might have been enjoyed in case the lands granted by the said Letters Patents had not exceeded the value intended by the said former Act and the said Letters Patents as to so much of the lands therein contained which shall be retrench'd by the Commissioners as aforesaid are hereby declared to be null and void and the lands so retrench'd shall remain and be vested in His Majestie to the uses of this present Act And if the lands so granted as aforesaid shall fall short of the value of such Augmentations as in and by the said former Act was intended to be settled the Commissioners for execution of this Act shall cause the same to be supplied and made up by a further allotment out of such lands and in such way and manner as by the said former Act was directed And it is further Enacted That in lieu of such provision for glebes as by the said former Act was intended the said Commissioners shall likewise set out so many Acres of Land more as may be sufficient to endow or supply all and every the Parochial Churches in this Kingdom with ten acres of Glebe at the least except such Parochial Churches as are endowed with the like or a greater quantity of Glebe already and that the same be so allotted as may be most contiguous and convenient to and for the several and respective Parish Churches hereby intended to be endowed in which provision Parishes united or to be united by virtue of an Act intituled An Act for real union and division of Parishes and concerning Free-Schools and Exchanges are to be understood but as one Parish and Parishes within great Cities and walled Towns are not at all intended to be comprehended and the like care both for contiguity and conveniency is to be had in the setting out of the Augmentations of the several Archbishopricks and Bishopricks not already provided for as aforesaid as far as may be without the too great prejudice of the present Possessor who is to be removed and after the lands set out for the several Augmentations and Glebes as aforesaid the Commissioners shall certifie their proceedings to the Lord Lieutenant or other chief Governour and Council for the time being And in case the proceedings of the Commissioners shall be there approved and allowed then the lands set out for Augmentations and Glebes as aforesaid shall be and are hereby vested and settled respectively in the several and respective Archbishops and Bishops and Incumbents of Parochial Churches and their Successors for ever and Letters Patents thereof are to be passed to them and their respective Successors in like manner as is directed in the cases of Adventurers and Souldiers and to be of like effect subject nevertheless to the Quit Rents hereafter mentioned and no other And to the end the Revenues of the Church may be more speedily settled Be it further Enacted by the Authority aforesaid That the Lands held or reputed to be held in Fee Farm of any Archbishop or Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their Politick capacity and by this Act vested in His Majestie and the several Impropriations forfeited to and by these Presents vested in His Majestie shall be permitted to remain and continue in the possession of the several Archbishops Bishops and other Incumbents until the several and respective Augmentations Endowments and Glebes set out and satisfied as aforesaid and from and after the Augmentations satisfied the residue of the lands held in Fee Farm as aforesaid shall remain subject to the uses of the former Act not changed by this Act and to such other uses as in this Act are limited and appointed And all and every the Impropriations or appropriate Tythes vested in His Majestie by these Presents or otherwise escheated to His Majestie in Right of His Crown and by the said former Act vested and settled in the present and future incumbents and their Successors shall likewise remain and be vested in the present and future Incumbents and their Successors Subject nevertheless to such reservations provisoes conditions exceptions and other limitations Authorities and dispositions as by the said former Act the same were made Subject unto so alwayes that all and every the matters and things which by the former Act were limited and appointed to be done within the space of two years from and after the passing of the said Act be likewise done within the space of two years from and after the passing of this present Act. And be it further enacted by the authority aforesaid that all guifts grants feoffments fines and other conveyances hereafter to be made by any Archbishop or Bishop of any Mannors Lands Tenements or Hereditaments which by virtue of or in pursuance of this or the said former Act intituled An Act for the better Execution of His Majesties gracious Declaration for the Settlement of his Kingdom of Ireland and satisfaction of the several interests of Adventurers Souldiers and other his Subjects there have already been or hereafter shall be granted unto or settled upon any Archbishop or Bishop and his Successors as an augmentation of the revenue of such Archbishoprick or Bishoprick respectively other than for the term of one and twenty years or three lives from such time as any such lease grant or assurance shall begin And whereupon the full moyety of the yearly value and improved rent as the same are now worth to be let shall be reserved and payable during the said term of one and twenty years shall be utterly void and of none effect to all intents and purposes This Act or any other Act law custome or usage to the contrary notwithstanding And the Commissioners for Execution of this Act shall likewise set out or cause to be set out so many more acres of profitable Land as may be of the yearly value of three hundred pounds per ann or may be sufficient to answer and secure a yearly rent charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the support and maintenance of the Provost of Trinity Colledge neer Dublin and his Successors
February which shall be in the year of our Lord One thousand six hundred sixty six under the penalty following that is to say every person liable to the payment of any part of the said years Rents and making default and failing to pay the same by the space of twenty days after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levied by Process out of His Majesties Court of Exchequer in like manner as any the Rents whereof the said Earl of Orrery and Lord Massereen were appointed Receivers by the said former Act might have been levied and if need so require like course is to be taken for the ascertaining of the value of lands charged with the said years rent and of returning the same into the Exchequer to remain and be a charge upon Record as in and by the said former Act in case of the said other rent therein secured was appointed And the said Receivers herein after appointed are to accompt for and pay unto Arthur Earle of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being all and every the summs of money by them to be received Nevertheless it is hereby declared and Enacted that all and every the summs of money formerly paid to the Earl of Orrery and Lord Vice-Count Massareen in pursuance of the said former Act shall be allowed to the person and persons so paying the same his and their Heirs Executors and Assignes in full discharge of so much of the rent payable by this Act as the moneyes so as aforesaid payd do or shall amount unto and the two half years rents payable to the said Earl of Orrery and Lord Vice-Count Massereen by any Adventurer or Souldier their Heirs Executors or Assignes by virtue of the said former Act shall be and are hereby from henceforth discharged And in case the monies to be raised as aforesaid shall fall short of the summ of three hundred thousand pounds then it shall and may be lawful to and for the Lord Lieutenant or other chief Governour and Council there for the time being to tax and assess upon all the lands in Ireland so much more money as together with what hath been before raised and allowed by virtue of this Act shall make up the full and just summ of three hundred thousand pounds sterling and to cause the same to be assessed distributed raised and levied by such wayes and means as they shall think fit observing therein all the equality and indifferency that can be And Arthur Earl of Anglesey Vice-treasurer of Ireland or the Vice-treasurer for the time being is hereby required and enjoyned to pay or cause to be payd out of the moneyes to be received as aforesaid unto the Kings Majestie the summ of fifty thousand pounds and also unto and amongst such Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and have not yet received any satisfaction in lands or money and amongst the Heirs Executors and Assigns of such Commissioned Officers and other persons intitled to be satisfied within their security such summs of money as the Commissioners for Execution of this Act having respect to the arreares already stated shall by any warrant under their hands and Seals or the hands and Seals of the Major part of them direct and appoint until the whole sum of One hundred thousand pounds shall be fully satisfied and payd and the warrant or warrants under the hands and Seals of the said Commissioners or the Major part of them together with the acquittance or acquittances of the party or parties who shall receive any money thereupon shall be unto the said Vice-treasurer a sufficient discharge for so much as the said acquittances extend unto which said One hundred thousand pounds so as aforesaid appointed to be payd is hereby declared to be in lieu and recompence of and in full satisfaction for the years rent payable out of the lands of those Souldiers who had lands set out for their arrears in the year One thousand six hundred fifty three and the year and halfs rent payable by those other Souldiers who had lands set out for their arrears in the years One thousand six hundred fifty five One thousand six hundred fifty six One thousand six hundred fifty seaven One thousand six hundred fifty eight One thousand six hundred fifty nine The payment of which said rents shall from henceforth cease and determine and the persons and estates there with charged or chargeable by the said former Act shall be and are hereby thereof for ever acquitted and discharged And whereas several clauses in His Majesties Gracious Declaration of the thirtieth of November in the twelfth year of his Raign and in the former Act do intitle His Grace James Duke of Ormond and the Lady Dutchess His Wife to great quantities of forfeited lands in the Counties of Catherlagh Galloway Waterford Dublin Kildare Meath Cork Kerry Kilkenny and Tipperary and other places and if the same were extended to the utmost would greatly obstruct and hinder the Settlement now intended Be it therefore Enacted by the Authority aforesaid That the full summ of fifty thousand pounds sterling be payd out of the moneyes aforesaid unto his said Grace James Duke of Ormond now Lord Lieutenant of Ireland His Executors Administrators or Assignes which the said Vice-treasurer is hereby required and enjoyned to pay or cause to be payd out of the moneyes aforesaid unto His said Grace or unto such other person or persons as His Grace shall appoint which is hereby declared to be in lieu and recompence of and in full satisfaction for all such forfeited and forfeitable estates titles interests claims or demands in or to any Mannors lands Tenements or Hereditaments mediately or immediately held as of any of the Mannors of the said Duke or the Lady Dutchess of Ormond His Wife or heretofore granted by His Grace or any of his Ancestors or by any of the Ancestors of the said Lady Dutchess in Fee Farm or Fee tail and of all and singular the statutes judgements Mortgages and other real securities for money given made acknowledged or entred into by any person or persons holding as aforesaid to any other forfeiting person or person not declared innocent to all which premises the said Duke and Dutchess respectively hy his Majesties said Declaration and by the said former Act are intitled and of all mean rates issues and profits thereof since incurred and now due to His Grace other than what is already received to his use for which he is hereby acquitted and of all and every the Reversions and Remainders which the said Duke or Dutchess now hath or have expectant upon the said forfeited and forfeitable Estates tail which Estates Interests and other the benefits and advantages herein before mentioned are intended and so are hereby declard to
estate did or might have received upon the sale of the lands in Connaght to which he or they were transplanted shall be paid unto the Receivers herein after constituted and appointed who shall account for and pay the same over unto Arthur Earl of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being And that the said Arthur Earl of Anglesey or the Vice-treasurer of Ireland for the time being shall thereout issue pay these several summs following That is to say To Morough Earl of Inchequin the full summ of Eight thousand pounds sterling as a marke of His Majesties favourable gracious consideration of the losses and sufferings of the said Earl To John Lord Berkeley the summ of four thousand pounds To Charles Lord Vice-count Fitz Harding Treasurer of His Majesties House-hold the summ of two thousand pounds To Henry Coventrey Esq Groom of His Majesties Bedehamber the summ of two thousand pounds To Colonel William Legg the like summ of two thousand pounds in full satisfaction of all the right and interest which they the said Henry Coventrey or William Legg can or may have of in or to any fractions of od aeres pounds shillings or pence in or by the said former Act reserved to His Majestie and by this present Act released and discharged as aforesaid To Colonel Edward Villiers the summ of One thousand pounds To Elizabeth Terrill Wife of Sir Tymothy Terrill the summ of three thousand pounds To Colonel Marmaduke Darcy the summ of three thousand pounds To Sir Connel Farrell the summ of two thousand pounds To Colonel Daniell Treswell Captain of His Majesties Guard of Battle Axes the summ of One thousand pounds Sir William Armorer the summ of five hundred pounds Nicholas Bayly Esq the summ of two thousand pounds Thomas Lynch the summ of One thousand pounds And if any more moneyes shall arise out of the premisses than will be sufficient to discharge the respective summs herein before mentioned the same shall remain in His Majesties Exchequer at Dublin to be further applyed and disposed as His Majestie being informed thereof shall direct and appoint And whereas the Towns and lands of Shamaclone Garons-Brury Garrane Lishanacone Ballifoukin Ballimoran Balliwillin in the Barony of Conello and County of Limerick and also fifteen hundred acres in Garundenny in the Barony of Slewmargye in the Queens County were allotted to Charles Lloyd Esq now Sir Charles Lloyd Baronet as an Adventurer for lands in Ireland the rents issues and profits of which lands have notwithstanding by Samuel Avery and other Adventurers been wrongfully received or in the hands of the Tenants of the said lands detained Be it therefore Enacted and it is Enacted by this present Parliament That the said Sir Charles Lloyd shall have receive and recover all and singular the rents issues and profits of the said lands remaining in the hands of the respective Tenants thereof or in the hands of their Executors or Administrators which have grown due since the lands were allotted as aforesaid any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding And it is here by further Enacted and ordained by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore Sir Richard Bellings Knight unto the present and actual possession of all and singular the Mannors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments interests conditions powers of Redemption right and title whatsoever in the said Kingdome of Ireland which Sir Henry Bellings Knight Grandfather to the said Sir Richard Bellings and Richard Bellings Father of the said Sir Richard Bellings or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth day of October One thousand six hundred forty one and that from and after such Restitution as aforesaid the same shall be granted by Letters Patents and settled upon and confirmed unto the said Sir Richard Bellings the Grandsonn and his Heirs and Assignes for ever This present or any other Act Ordinances Order Vtlary Attainder Record or any other matter cause or thing to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That John Lord Kingston shall hold and enjoy to him and his Heirs for ever all and every the Lands Tenements and Hereditaments in the said former Act ratified and confirmed unto him and all other the benefits and advantages of the said Act the Lands Decreed away by the Commissioners and the full benefit of reprizals and the Lands herein granted or confirmed unto Charles Lord Vice-count Fitz Harding formerly granted to Charles late Lord Vice-count Fitz Harding Earl of Falmouth onely excepted as fully and amply and with the like Confirmations Privileges Immunities and exemptions as any adventurer or Souldier by this or the said former Act may or ought to hold and enjoy any of the Lands whereof they or any of them respectively were possessed the Seaventh day of May One thousand six hundred fifty nine and as if the several clauses and provisoes in the said former Act on that behalf had been in this Act particularly recited and Enacted and shall also have hold and enjoy to him and his Heirs for ever all and every the Towns Lands Tenements and Hereditaments given granted and confirmed or mentioned to be given granted and confirmed unto him in and by His Majesties Letters Patents under the Great Seal of England bearing date at Westminster the five and twentieth day of January in the sixteenth year of His Majesties Raign And that the said Letters Patents and all clauses and things therein contained shall be and are hereby ratified and confirmed and shall be taken most beneficially to and on the behalf of him the said Lord Kingston his Heirs and Assignes according to the tenor and purport thereof to all intents and purposes and as if the same Letters Patents and every clause therein had been in this Act fully and at large recited and particularly Enacted but in case the Lands in the said Letters Patents mentioned which shall be possessed and enjoyed by the said Lord Kingston and not recovered or granted away from him by this or the said former Act shall exceed the present cleer yearly rent of Seaven hundred pounds and two full third parts of all the Lands recovered against him the said Lord Kingston by any Decrees herein confirmed then such overplus shall be reconveyed to such as the Commissioners for Execution of this Act shall appoint And be it also Enacted in case the said Lands shall not be sufficient That then the Commissioners or such person or persons as are or shall be appointed for Execution of this Act doe and shall forthwith cause to be set out and delivered unto him the said
hereafter to be granted shall any way extend to discharge or acquit any arrearages of Quit-Rents reserved by the said former Act and still behind and unpaid nor to acquit that part and proportion of the Three hundred thousand pounds herein hereafter mentioned and intended to be raised and which by the rules of this Act will be payable by such Patentee and leviable upon the Lands in the said Letters Patents contained nor any Measn profits which have been received of lands set out for English arrears or in satisfaction of any adventures upon the doubling Ordinances above what the original money did deserve or in satisfaction of any other Titles or Interests not satisfiable by this or the said former Act nor to discharge any sum or sums of money which persons transplanted into Conaught received upon sale of their estates in Conaught and yet have since been restored to their former estates or some part thereof by virtue of some Clause in the said former Act contained or some Decree or other Proceedings had upon the said Act or shall be so restored by virtue of any Clause contained in these Presents all which arrearages of Quit-Rents Measn profits or other sums of money as aforesaid shall be and are hereby made due and payable unto His Majestie his Heirs and Successors and shall be leviable and recoverable against every person and persons who shall be liable thereunto his and their Heirs Executors and Administrators and all and every their Lands Tenements Goods and Chattels whatsoever Any Grant Patent Settlement or other Disposition made in pursuance of this Act to the contrary notwithstanding And for the prevention of all unnecessary delays and unjust charges which can or may happen to the Subjects of this Realm before their full and final settlement Be it further Enacted by the Authority aforesaid That where the Commissioners for execution of this Act or the major part of them shall give any Certificate under his and their hands and seals to any person or persons Bodies Politick or Corporate in order to the passing of any Letters Patents according to this Act and shall likewise return a Duplicate of such Certificate into His Majesties Court of Exchequer at Dublin to be there inrolled and the person or persons Body Politick or Corporate to whom such Certificate shall be given shall immediatly upon the obtaining of such Certificate and from time to time during the space of six moneths next ensuing the date thereof diligently and without intermission pursue and prosecute the having and obtaining of Letters Patents accordingly and in order thereunto shall pay or tender to such person or persons to whom they shall apply themselves for their assistance towards the passing of such Letters Patents their several and respective fees to them due and payable and shall not obtain such expedition and dispatch that their several and respective Letters Patents may be full perfected and passed under the Great Seal of Ireland within the space of six moneths next after the date of such Certificate but shall be thereof delayed or hindered by the neglect of any Officers or Ministers as aforesaid that there and in such case the several and respective persons Bodies Politick and Corporate to whom or in whose behalf such Certificate shall be given or granted shall hold and enjoy the several Messuages Mannors Lands Tenements and Hereditaments in the several and respective Certificates mentioned and allotted according to such estate and under such rents as are therein mentioned as fully and amply to all intents and purposes as if Letters Patents thereof had been granted and perfected according to the directions of this Act Any thing in this or the said former Act and any other Law Statute or Vsage to the contrary notwithstanding Provided always and be it Enacted That where any Souldier or Souldiers Adventurer or Adventurers his or their Heirs Executors Assignee or Assignes have had any Lands Tenements or Hereditaments formerly set out to him or them as well in satisfaction of arrears due for service done in England as of arrears due for service done in Ireland or in satisfaction of Adventures upon the doubling Ordinances or in satisfaction of any other titles and interests not provided for by this Act together with other Adventures and such setting forth of lands hath been promiscuously and indefinitely as in the gross without any particular application or distinction of the lands shewing which part of the said lands was intended as a satisfaction of the English Arrears and which part as a satisfaction of the Irish Arrears or which part was set out in satisfaction of Adventures upon the doubling Ordinances or of other titles or interests not provided for by this Act and which part for other Adventures and the whole or part of the said lands so promiscuously set out as aforesaid hath been Evicted or Decreed away by virtue of some proceedings of the Commissioners appointed for execution of the said former Act that then and in such case the land so evicted or decreed as aforesaid shall be accounted in Law to be such lands onely as were intended for the satisfaction of English Arrears or Adventures upon the doubling Ordinances or of other titles and interests not provided for by this Act so far as the same will extend and all accompts and payments of the Measn profits of the Lands so evicted are to cease for so much from the time of such Eviction or Decree as aforesaid Nevertheless it is declared That nothing herein contained shall exclude such person or persons from having their full two third parts which are satisfiable by the rules of this Act and from retaining so much whereof they remain possessed for and towards such satisfaction And to the end the Subjects of this Kingdom may be in some measure eased of those charges which are usual and ordinary in passing of Letters Patents Be it further Enacted by the Authority aforesaid that it shall and may be lawful to and for so many of His Majesties Subjects as shall desire the same to be joyned in one and the same Letters Patents the due cautions before mentioned being therein observed so as the Lands thereby granted in case of such being joyned exceed not the quantity of fifteen thousand acres English measure in one Patent Nevertheless it shall and may be lawful to and for the Lord Lieutenant or other chief Governor or Governors of Ireland and Council there for the time being in these and all other cases touching Patents to be granted by virtue of this Act to regulate and moderate the fees of Officers as they shall think fit according to circumstances And be it further Enacted by the Authority aforesaid That where any Lands shall be allotted unto or detained by any Adventurer or Souldier or the Heir Executor Assignee or Assignes of any Adventurer or Souldier for and towards his and their full two third parts or for any part thereof which lands so allotted or detained as aforesaid shall be
subject to any Estate Remainder or other Incumbrance already decreed by the Commissioners for execution of the said former Act or allowed by the rules of the said former or this Act That then and in such case the Commissioners for execution of this present Act shall allot so much other forfeited land as may fully satisfie for such Incumbrance and cause the same to be entred in Books returned into the Exchequer To the end that upon Certificates made in manner aforesaid Letters Patents may be thereof granted and passed as aforesaid And therefore the Commissioners are with all speed to cast up the value of such Incumbrances as by reason of any former Decree shall charge any part of the said two third parts that so a recompence may be provided as aforesaid And in the estimate and valuation of such Incumbrances for which a recompence is to be provided the Commissioners are to proceed by such rules and measures as by the Instructions in the said former Act contained were given for the valuation and estimate of such Incumbrances on the Lands of Adventurers and Souldiers as were therein appointed to be satisfied out of the forfeited lands in the County of Kildare as neer as may be and as far as may stand with equity and justice And it is further Declared and Enacted That where any securities for money have been allowed by the Decrees of the Commissioners for execution of the said former Act wherewith any land set out and allotted or to be set out and allotted to any Adventurer or Souldier his or their Heirs or Assignes shall or may be incumbred that all interest thereupon due before the Nine and twentieth day of May One thousand six hundred and sixty shall be and is hereby discharged Nevertheless the interest already received shall not be repaid and from and after the Nine and twentieth day of May One thousand six hundred and sixty unto the times of the several and respective Decrees no further or greater interest shall be satisfied or paid for any the moneys due upon the said security than after the rate of Forty shillings per cent for one year And from and after the time of the respective Decrees full interest shall be satisfied and paid and further that lands shall be set out in full satisfaction of what shall remain due after such abatement made as aforesaid according to the rate of eight years purchase to such person or persons as shall be prejudiced by such Incumbrances by having his land liable thereunto or by his purchasing and buying in of the same and that no part of the land so allotted or detained as aforesaid may be subject to or charged with any other Incumbrance not Decreed by the Commissioners for execution of the said former Act or already allowed in the said former Act or this Act Be it Enacted That all every such Incumbrances as against the Adventurer or Souldier so setled as aforesaid other than such Incumbrances as are the proper act of the party so to be settled or those under whom he claims be utterly void of none effect And to the end that no person or persons who upon the seventh day of May one thousand six hundred fifty and nine was in possession of any lands Tenements or Hereditaments as an Adventurer or Souldier or as the Heir Executor or Assignee of such Adventurer or Souldier may hereafter be molested or impeached in the making out of his or their title in or to the lands so possessed or debarred of such satisfaction and other the benefits and advantages which by this Act is given to them who were so possessed as aforesaid for want of producing such Measn Conveyances or such legal and formal Assignments as in strictness of Law might otherwise be required Be it Enacted by the Authority aforesaid That where any person or persons or those under whom he or they claim were in possession of any Lands or Tenements upon the seventh day of May One thousand six hundred fifty and nine which were set out or reputed to be held and enjoyed for and towards the satisfaction of any Adventures or Arrears that there and in such cases no proof of the Measn Conveyances or other Assignments shall be required but the possession it self shall be and so is hereby declared a sufficient evidence of the Title unless the same Lands have been likewise claimed by some other Adventurer or Souldier his or their Heirs Executors Administrators or Assignes respectively In which case the Commissioners for execution of this Act shall upon such evidence as can be produced before them determine the Title And because there are several persons who pretend themselves able to discover much land which is detained and concealed by the Adventurers and Souldiers their Heirs or Assigns by false admeasurement although it be probable that after so long a tract of time such discoveries may not produce any great effect Nevertheless for the avoiding the scandal of such frauds and to give just satisfaction to all persons and interests who may pretend themselves to be prejudiced by such concealments Be it Enacted by the Authority aforesaid That the Lord Lieutenant or other chief Governor and Governors of Ireland and Council there for the time being shall have power upon information to them made of any such concealments by false admeasurement as aforesaid to cause a new survey to be made of the parcels and lots wherein such false admeasurement is pretended observing therein these rules and cautions following First That such information be given in within the space of three moneths next after the passing of this Act. Secondly That the Defendant or Defendants against whom such information is given be first heard before any new survey be ordered Thirdly That the Informer or Informers do first put in security by Recognizance acknowledged before the Lord Chief Iustice of the Common Pleas for the time being and with good and sufficient Sureties to be by him allowed to bear the whole charges of the new Survey and over and above to pay and satisfie unto the Defendant or Defendants his and their full Damages and Costs which they shall sustain by such prosecution and shall offer to make Oath of before the said Lord Chief Iustice in case that upon the return of such survey it shall not appear that the Defendant or Defendants against whom such new Survey is ordered were possest of more land by a full tenth part than he or they ought to have Fourthly Where any new Survey is ordered the same shall be taken by two Surveyors to be chosen for that purpose one by the Informer the other by the Defendants and both Surveyors shall be sworn Fifthly Where the Books of Distribution and the Down Survey agree in the satisfactions which have been allotted to any Regiments Troops Societies or persons or do not differ more than in one tenth there no resurvey shall be ordered notwithstanding such information Sixthly What overplus soever shall appear upon
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
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
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
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
thereof granted to the said John Lord Vice-count Massareen his Heirs and Assignes as any other Adventurer or Souldier by the rules of this Act ought to have any thing in this or the said former Act contained to the contrary notwithstanding Provided also and be it further Enacted That the town and lands of Artain alias Tartain with the appurtenances in the County of Dublin containing by estimation two hundred twenty five acres be they more or less be granted ratified and confirmed unto Sir Nicholas Armourer Knight his Executors Administrators and Assignes according to the tenor and effect of your Majesties Letters Patents under the Great Seal of Ireland bearing date the nineteenth day of November in the fifteenth year of your Majesties Raign any thing in this the former or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Messuages Mannors Lands Tenements and Hereditaments whereof Sir John Fitz Gerald Knight dyed seized and whereof Sir Fitz Edmund Gerrarld Knight the Grandchild dyed seized or possessed in the year One thousand six hundred and forty and which were then belonging and of right appertaining to the Bishop of of Cloyne and his successors and were by the last Will and Testament of the said Sir John Fitz Edmund Gerrald and the Schedule and Codicil thereunto annexed dated the first of September One thousand six hundred and forty given and bequeathed or mentioned to be given and bequeathed to His late Majestie King Charles the first shall be and are hereby vested and settled in the now Bishop of Cloyne and His Successors for ever The severall rectories and impropriate tythes therein and thereby bequeathed unto His said late Majestie onely excepted which said rectories and impropriate tythes are hereby declared to be vested and settled in and upon such of the present and future incumbents and their successors who have or shall have actuall cure of Souls in those respective Parishes wherein such impropriations are and such impropriate tythes do arise and renew and in default of an actuall incumbent then in the respective persons now serving the cure and their successors who for that end shall be and are hereby made actual incumbents and capable to take to them and their successors and the presentation to the respective Churches so as aforesaid endowed shall be for ever and the patronage thereof in the Kings Majestie His Heirs and Successors and that all other the Lands Tenements and Hereditaments so given and bequeathed as aforesaid and not formerly belonging or appertaining to the Bishoprick or Sea of Cloyne shall be vested and settled in His Majestie his Heirs and Successors And whereas the right Reverend Father in God Edward Lord Bishop of Corke Cloyne and Rosse and Sir William Flower Knight have been at great pains and charges in discovering of his Majesties title to the premisses as well precedent to the forfeiture by the late Rebellion as by reason and upon the account of the said Rebellion Be it therefore Enacted that the Lord Lieutenant of Ireland or other Chief Governour there for the time being do cause a Lease of so much as is hereby settled in his Majestie to be passed under his Majesties Great Seal of Ireland unto the said Edward Bishop of Corke Cloyne and Rosse and Sir William Flower their Executors and Assigns for the term of one and thirty years rendring yearly unto his Maiestie his Heirs and Successors after the rate of treble such Quitrent as the Adventures and the Souldiers do pay for the like proportions within the said Province of Munster any thing in this or the said former Act contained to the contrary hereof in any wise notwithstanding Saving and reserving nevertheless to Edmund Fitz Gerald of Ballymalowe and his Heirs all such right and title which he the said Edmund Fitz Gerald had unto the premisses or any part thereof upon the two and twentieth of October One thousand six hundred forty one And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot unto the Provost Fellows and Schollars of the College of the holy and undivided Trinity near Dublin the six hundred sixty six Acres two Roods and twenty six Poles English measure in the County of Tipperary and Barony of Elioguarty heretofore allotted to William Sheeres for his Fathers Adventure of three hundred pounds which in pursuance of a Decree in the High-court of Chancery in England were since conveyed or mentioned to be conveyed to the said Provost Fellowes and Schollars of the College of the holy and undivided Trinity neer Dublin towards the satisfaction of a charitable bequest devised to them by Elias Traverse Doctor of Divinity Deceased And that like effectual Letters Patents shall be thereof granted unto the said Provost Fellowes and Schollars and their Successors for ever as any Adventurers or Souldiers by the rules of this Act ought to have to be held by them the said Provost Fellowes and Schollars and their Successors without any defalcation or Deduction whatsoever Subject nevertheless to the Quit-rents by this Act imposed any thing in this Act to the contrary in any wise notwithstanding Whereas Richard Earl of Arran hath purchased from Erasmus Smith Esq his interest which he had as an adventurer in the Isles of Arran commonly called or known by the names of the Great Island the small East Island and the Island of Inishmaine Be it therefore Enacted and provided by the Authority aforesaid That the said Isles of Arran commonly called by the several names aforesaid lying and being in the half Barony of Arran in the County of Gallway together with all the Royalties Mineralls Royall mines excepted Fishings Profits and appurtenances whatsoever thereunto belonging or therewith enjoyed by the former Proprietors thereof before the two and twentieth of October One thousand six hundred forty one be and are hereby vested in setled upon and confirmed unto the said Richard Earl of Arran his Heirs and Assignes for ever any thing in this Act or in the said former Act to the contrary notwithstanding Subject nevertheless to such Quit-rent payable to his Majestie his Heirs and Successors as other the lands lying and being in the province of Connaght allotted to Adventurers or Souldiers are lyable to And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without any previous reprizal restore unto Patrick Lord Baron of Dunsany and his Heirs the possession of the principal and capital messuage or seat and also one third part of all and singular the Castles lands Tenements and Hereditaments Rents Reversions Remainders Right title interest and estate whatsoever which he the said Patrick Lord Baron of Dunsany or any other person to his use or in trust for him were seized or possessed of upon the two and twentieth of October One thousand six hundred forty one except impropriations
Lord Lieutenant or other Chief Governour or Gobernours of Ireland and Council there that the said Sir Edward Fitz Harris hath committed any Massacre Murther or other such like Heynous Crime or cruelty upon the persons of any of his Majesties good Subjects shall prove the same by such witnesses or other evidence as the said Lord Lieutenant or other Chief Governour or Governours and Council there shall think good proof that then and in such case it shall and may be lawfull to and for the said Lord Lieutenant or other Chief Governour or Governours and Council there by order of the Council to declare and adjudge him the said Sir Edward Fitz Harris to be guilty of the Crime or cruelty so alleaged and proved as aforesaid and upon such declaration and judgement the said Sir Edward Fitz Harris and his Heirs shall be and are hereby made incapable of any benefit or advantage in and by this present Act given or of any restitution as aforesaid but shall remain and be to all intents and purposes in the same plight and condition as he or they would have been if the said Sir Edward Fitz Harris had not been named in this present Act Any thing herein before contained to the contrary in any wise notwithstanding And it is further Enacted That all and every the Adventurers Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty and nine their Heirs and Assigns who are to be removed to make way for the restitution of the four and fifty persons herein before named or any of them shall be first satisfied by some other forfeited lands to be set out and allotted to them by the Commissioners for execution of this Act equal in value worth and purchase to the Messuages Lands Tenements and Hereditaments from whence they are to be removed and all and every the Protestant Purchasors in Conaght and Clare shall be first satisfied by an allotment of land equal in value unto the lands from whence they are to be removed And be it further Enacted and declared by the Authority aforesaid That where any person or persons now in the possession of any Messuages Lands Tenements or Herements ought to be reprized for the same and after reprizals first set out to be removed from thence to make way for the restitution of any of the fifty four persons herein before named their Heirs or Assigns or for the restitution of any other person or persons herein before or after mentioned who by the Rules of this Act is made restorable after previous reprizals that there and in such case it shall and may be lawful to and for all and every the person or persons so as aforesaid appointed to be removed to have receive and keep the rents issues and profits of all and singular the Messuages Lands Tenements and Hereditaments whereof they are now in possession to their own use and behoof without any accompt to be therefore made or rendred until the Commissioners for execution of this Act shall have set out and allotted unto the person or persons so as aforesaid appointed to be removed such forfeited lands by way of reprizal as they shall adjudge to be due to them by the rules of this Act And all and every person and persons who after reprizals set out and allotted by the Commissioners shall refuse to accept of such reprizalls and shall detain and keep the possession of the lands from which they ought to be removed shall account for and pay unto the person who ought to be restored all the Rents and profits received from the time of setting out such reprizalls untill the restorable person shall be put into actual possession of the same any thing here in before or after contained to the contrary notwithstanding And be it further Enacted That all and every the Leases which have been made Bonâ Fide of any the lands or Tenements which by virtue of any clause in this Act are to be restored shall be held and enjoyed by the several and respective Tenants during their respective Leases they paying the Rents and services thereupon reserved and performing the covenants and agreements therein contained unto the person or persons to whom the Reversion thereof shall appertain but if such Leases have been made in consideration of a fine paid and by reason thereof a Lesser Rent hath been reserved than otherwise the premisses were worth to be let then the person to be removed shall pay or cause to be paid unto the person to be restored the said fine and shall be satisfied for such fine so paid by such an allotment of so much other forfeited lands as after the rate of eight years purchase may be Equivalent thereunto And it is further declared That no Restitution made unto any of the persons herein before named The Restitution of Francis Lord Bermingham Baron of Atthunry excepted shall any way extend to alter or diminish the right which the Officers who served before the fifth of June One thousand six hundred forty and nine can or may claim by virtue of this or the said former Act to the benefit arising from the Redemption of Mortgages Statutes Staple and Iudgements which do or may incumber the premisses so to be restored Nevertheless the four and fifty persons so as aforesaid to be restored their Heirs and Assignes The Lord Bermingham excepted shall have full power and Authority at any time within the space of two years next after the Royall assent to this Bill given to Redeem all and every the Mortgages Statutes and Iudgements which have been entred into by any forfeiting person or person not decreed innocent and do incumber the premisses so as the moneys thereupon due and owing for such part of the incumbrances as are within the security set a part for the Commissioned Officers who served before the fifth of June One thousand six hundred forty and nine be paid and satisfied unto their use the payment whereof shall be and is hereby declared a sufficient discharge of such incumbrance and no possession is to be delivered of the premisses untill the respective forfeited Incumbrances thereupon lying be paid and satisfied as aforesaid And all and every the Mortgages Statutes and Iudgements which have been entred into to any forfeiting person or person not declared innocent and do incumber the premisses or any part thereof herein before appointed to be restored unto the said Francis Lord Bermingham Baron of Atthunry shall be and are hereby released barred discharged and extinguished And the Commissioners for Execution of this Act are to set out so much other forfeited land as may be sufficient to satisfie the Officers who served before June One thousand six hundred forty nine for the several forfeited Incumbrances within their security and extinguished as aforesaid And to the end that the Protestants who upon or since the Seaventh of May One thousand six hundred fifty nine have been in the actual possession of any
Messuages or lands which by virtue of this Act shall be restored or given unto any person or persons herein before or after named may not wholy loose the benefit and charges of their respective improvements Be it further Enacted by the Authority aforesaid That all and every the Protestants so to be removed shall be and are hereby enabled to demand and shall upon their requests have Leases made to them of all and singular the Messuages and lands in their manual occupations for three lives or one and twenty years at a moderate Rent not exceeding three fourthes of the true value of the lands in satisfaction of their improvements except it be a capital messuage and then the party to be restored shall either make such Lease as aforesaid or pay unto the person to be removed in ready money the full value of such improvements and in case of default or refusall to make such Lease as aforesaid upon request or to give such satisfaction in money shall be and are hereby enabled to reenter and to retain the said lands untill such Lease made or satisfaction given as aforesaid And to the end there may not be any difference touching the values of the lands so to be demised or of the improvements to be satisfied as aforesaid The Lord Lieutenant or other Chief Governour or Governours and Council for the time being are hereby enabled upon the Petition of the parties concerned to appoint such Commissioners from time to time as they shall think fit to settle the difference aforesaid Provided alwayes and it is Enacted That nothing herein contained shall enable any of the four and fifty persons herein before mentioned to demand or have or to be restored unto any Impropriations or Appropriate tythes or to any Glebe Lands parcel of any Rectory impropriate but that the same shall remain and be to such uses as they would have been by this and the said former Act if the said fifty and four persons or any of them had not been named Any thing herein contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That those who were in possession of any lands or houses upon the two and twentieth day of August One thousand six hundred sixty and three to which they were restored by virtue of any His Majesties Letters if they or any of them their or any of their Ancestors or any other in trust for them or any of them were thereof seized or possessed upon the Two and twentieth of October One thousand six hundred forty and one and thereunto rightfully intitled and are not otherwise provided for by this Act shall by the Commissioners for execution of this Act be restored unto and put in possession of such houses and so much of the lands lying contiguous and thereunto adjoyning as shall not exceed the quantity of two thousand acres in the doeing whereof the Commissioners are to proceed by the same rules orders and directions and in like manner and form as they ought to proceed in the settlement and restitution of any of the four and fifty persons herein before named and not otherwise And be it further Enacted by the Authority aforesaid That nothing in the said former Act or in this present Act herein before or after contained shall be understood to give restore or confirm to any Irish Papist or Popish Recusant or any other person seized or possessed in trust for any such Irish Papist or Popish Recusant any Advowson or Right of Patronage of or in any Ecclesiastical Benefice or Promotion or any Right of Nomination Presentation or Collation to or Donation of any such Ecclesiastical Benefice or Promotion but that all and every such Advowsons and Rights of Patronage and the Rights of Nomination Presentation or Collation to or Donation of any such Ecclesiastical Benefice or Promotion but that all and every such Advowsons and Rights of Patronage and the rights of Nomination Presentation Donation or Collation of or to any such Ecclesiastical Benefice or Promotion shall vest remain and continue and so are hereby adjudged to vest remain and continue in His Majestie His Heirs and Successors until such Irish Papist or Popish Recusant or the right heir of such Papist or Recusant shall come to Church and receive the Sacrament according to the Rites of the Church of England and from and after such conformity shall be again revestel in the person so conforming and his heirs Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir Edward Smith Knight Chief Iustice of His Majesties Court of Common Pleas Sir Edward Dering Baronet Sir Allen Broderick Sir William Churchill Knights and Edward Cook Esq and such others as upon the death or removal of them or any of them shall be appointed by His Majestie from time to time shall be Commissioners and that they or any three or more of them shall have power to put in execution all and every the matters of this present Act and of the said former Act which remain still in force and are directed to be done by Commissioners or are not particularly entrusted to some others by the said Acts and that they and every of them shall before they act any thing in execution of the said Commission take an Oath before the Lord Chancellour or Lord Keeper of the Great Seal of Ireland or before the Lord Chief Iustice of His Majesties Court of Chief Place or the Lord Chief Iustice of His Majesties Court of Common Pleas or be-before the Lord Chief Baron of His Majesties Court of Exchequer for the time being which Oath they or any of them have hereby power to administer as there shall be occasion in these words following YOu shall swear That you shall to the best of your skill and knowledge truly and impartially execute the place and duty of a Commissioner for putting in execution an Act intituled 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 And of so much as is still in force and remains to be executed of an other 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 so long as you shall continue in that imployment and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will So help you God And that in all cases which shall happen before the Commissioners within the space of two years next after
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
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 C R HONI SOIT QVI MAL V â—â—NSE DIEV ET MON DROIT Dublin Printed by John Crook Printer to the Kings Most Excellent Majestie and are to be sold by Samuel Dancer Bookseller in Castlestreet 1665. An o Regni Caroli Secundi Regis Angliae Scotiae Franciae Hiberniae 17 o. At the Parliament begun at Dublin on the eighth day of May Anno Domini 1661. in the 13 th year of the Reign of our Most Gracious Sovereign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the faith c. And there continued by several Prorogations unto the 26 day of October Anno Domini 1665. and in the 17 year of His Majesties Reign WHereas in the carrying on of that service which was appointed by a former Act intituled An Act for the better execution of His Majesties gracious Declaration for the settlement of His Kingdom of Ireland and satisfaction of the several interests of Adventurers Souldiers and other His Subjects there several doubts and difficulties have arisen partly from the uncertain and ambiguous penning of divers Clauses in the said Act and partly from other accidents which could not then be foreseen to the great obstruction and hinderance of the Publique ends and aims intended by that Act to be promoted and the very great disappointment of several persons interests which were thereby intended to be secured Insomuch that the first and final settlement of this Your Majesties Kingdom can hardly be attained by any further proceedings upon the said Act as is already manifest by the experience which hath been had in the execution thereof To the end therefore that Your Majesties most gracious and just intentions by that Act declared may still be pursued as far as remains possible the Revenues of the Church settled and increased Your Majesties dutiful and loyal Subjects quieted and secured in their just possessions and the minds of all men so composed that there may be a general and universal care and industry by building planting and all other ways of improvement to repair amend the ruines and desolations of this Your Majesties Kingdom May it please Your Most Excellent Majestie that it may be Enacted be it Enacted by Your Most Excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That all Honors Mannors Castles Houses Places Lands Tenements and Hereditaments Right Title Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage right of Redemption of any Mortgages Recognizances Iudgements Forfeitures Extent right of Action right of Entry Stature or any other Estate of what nature or kinde soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns within this Kingdom which at any time from and after the Three and twentieth day of October One thousand six hundred forty and one were seized or sequestred into the hands or to the use of His late Majestie King Charles the first or of Your Most Gracious Majestie that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the late horrid Rebellion or War which began or broke out in this Kingdom upon the three and twentieth of October One thousand six hundred forty one or which were allotted assigned given granted ordered distributed disposed demised set out or set apart to or for any person or persons use or uses for Adventures Arrears Reprizals or otherwise or whereof His late Majestie or Your Majestie that now is or any Adventurer Souldier Reprizable person or others respectively had and received the rents issues and profits by reason or upon account of the said Rebellion or War or whereof the Adventurers Officers or Souldiers now or formerly of the English Army in this Kingdom or transplanted or transplantable persons or any of them or their or any of their Heir Heirs or Assigns or any other person or persons whatsoever upon account of the said Rebellion or War in this Kingdom were in Seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May One thousand six hundred fifty and nine or which were assigned given granted laid out set apart or reserved for or towards the satisfaction of any the said Adventurers Souldiers or other persons for or in consideration of any money or provisions advanced lent or furnished or for arrears of pay or in compensation of any service or reputed services or other account whatsoever or reserved or mentioned to be reserved for or in order to a reprizal or reprizals for such Incumbrances as then were now are or shall be adjudged due to any person or persons out of the said Lands Tenements or Hereditaments or for any other use intent or purpose whatsoever or whereof any Custodiam Lease for year or years or other Disposition or Grant whatsoever hath been made or unto which Your Royal Father or Your Majestie are any ways intituled by reason of or upon account of the said Rebellion or War or which are wrongfully detained or concealed by any person or persons whatsoever As also all Chantries and all Mannors Lands Tenements Rents Tithes Pensions Portions and other Hereditaments or other things whatsoever belonging to any Ecclesiastical person or persons in his or their Politick capacity and that have formerly by them or any of them been let in Fee-farm the right whereof or title thereunto or interest therein was in any person or persons his or their Heirs or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging to them in their Politick capacity to any person or persons their Executors Admininistrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Impropriations or appropriate Tithes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent And also all and singular the Messuages Mannors Lands Tenements and Hereditaments whatsoever whereof John fitz Gerald alias fitz Gerard of Innishmoore commonly called the Knight of Kerry Captain John Magill of the County of Down Geoffry Fanning of Ballingary or any of them or any of their Ancestors whose Heirs they are or any other person or persons in trust for them
all singular claims and demands not particularly allowed and provided for in and by this present Act. And whereas some question or doubt hath arisen whether the Lands of any Officers or Souldiers were to be confirmed to them by the said Act unless they had been formerly and were of the Army at the time of the making your Majesties Declaration of the thirtieth of November one thousand six hundred and sixty Be it declared Enacted and Explained by the authority aforesaid that the word And used in that part of the said Act which relates to them shall be taken disjuncttively as if it had been or so that no such Officer or Souldier his Heirs or Assigns shall be excluded the benefit of the said Act or this present Act if he had been formerly of the Army and in Possession as aforesaid the seaventh day of May one thousand six hundred fifty nine though he were not of the Army the thirtieth of November one thousand six hundred and sixty or at any time since And to the end that the persons estates and interests of his Majesties Protestant Subjects of whom his Majestie ever had and still hath greatest care and consideration in the Settlement of this his Kingdom may be first provided for Be it further enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their and every of their Heirs Executors Administrators and Assigns respectively who upon the seaventh day of May One thousand six hundred fifty nine were seized or possessed of any Messuages Mannors Lands Tenements or Hereditaments for or towards the satisfaction of any Adventures or arrears which by the rules of this or the said former Act are allowed to be satisfied And all and every other the Adventurers commonly called deficient Adventurers whether they be deficient in whole or in part that is to say such Adventurers who never had any Lands set out to them in satisfaction of their Adventures or were never fully satisfied for the same And the Heirs Executors Administrators and Assigns of such Adventurers respectively shall have hold and enjoy and be setled and confirmed in so much of the forfeited Lands which by this Act are vested in His Majestie as will amount to two full third parts of what they or those under whom they claim had or in cases of deficiencie ought to have had upon the Seaventh of May One thousand six hundred fifty nine in manner following That is to say The Commissioners for execution of this Act shall diligently examine and compute or cause to be computed what quantity of Land any such Adventurer or Souldier or the Heirs Executors Administrators or Assigns of such Adventurer or Souldier respectively had or were seized or possessed of on the Seaventh of May One thousand six hundred fifty nine or of right ought to have had and been seized and possessed of upon the Seaventh of May One thousand six hundred fifty nine in case he were a deficient Adventurer or the Heir Executor Administrator or Assignee of any deficient Adventurer And shall set out and allot or cause to be set out and allotted unto every such Adventurer and Souldier his and their respective Heirs Executors Administrators and Assigns so much forfeited land as in quantity of Irish profitable Acres to be computed by Irish measure according to the Down Survey or Down admeasurement and not otherwise where the Down Survey hath been taken and where the Down Survey hath not been taken by the Survey taken in the Earl of Straffords time or by some other Survey to be taken according to Irish measure wherein the unprofitable Land is to be cast in together with the profitable according to the method of the said Down Survey will amount unto full two third parts the whole in three parts being divided of what such person or persons to whom such allotment shall be made as aforesaid or those under whom they claim did hold and enjoy or in cases of deficiencie of right ought to have held and enjoyed upon the Seaventh of May One thousand six hundred fifty nine which said two third parts so as aforesaid to be allotted shall be held and enjoyed by the persons to whom such allotment shall be made according to the tenor of their several and respective Letters Patents herein after directed to be granted and in full satisfaction of any right claim or demand which by virtue of the said former Act can or may accrew for or in respect of any Adventures or arrears any retrenchment of a third part by this Act or other matter or thing in the said former Act contained to the contrary notwithstanding And in case any Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Connaght or Clare before the first of September One thousand six hundred sixty and three his or their Heirs Executors or Assigns shall be found to be in possession of any messuages Lands Tenements or Hereditaments which by virtue of any clause herein after following ought to be restored and delivered up to any person or persons herein after named the Commissioners for execution of this Act shall in the first place and before any such Restitution made cause so much other forfeited or vested Land to be set out as in quantitie of Acres will amount to full two third parts of the Land so as aforesaid to be restored and that the persons so to be removed be duly Possessed of and setled in his said two third parts according to the rules of this Act And the Commissioners for execution of this Act are hereby required and enjoyned to take care that the Estates and Interests of His Majesties Protestant Subjects in Ireland be setled with all convenient Speed and that such parts of this Act as have a rendencie thereunto be put in execution in the first place and before any other parts of this or the former Act which relate to other matters And to the end there may be as little change and alteration of Possessions as can consist with the ends and aimes of this present Act And that every persons improvements may be preserved unto him as much as is possible Be it further Enacted by the Authority aforesaid That where any Adventurer or Souldier or the Heir Executor assignee or assignes of any Adventurer or Souldier shall be found to have in his or their possession more Lands undecreed away than his or their full two third parts will amount to according to the aforesaid rules of distribution and allotment that in every such case it shall and may be lawful for him or them to continue possession of so much as the Commissioners shall adjudge his or their two full third parts to amount unto and to cut of the overplus at his or their own election in such manner as that the overplus relinquished or surrendred by him or them may be contiguous and as neer as may be within the same denomination
the new Survey if the same exceed not one tenth part of what is due to the Defendant or Defendants no Retrenchment shall be made Seventhly If the overplus exceed a tenth it shall be lawful to and for such Defendant or Defendants possessed of the overplus to retrench the same where they think fit so as such Retrenchments be contiguous and of unprofitable land together with the profitable but is hereby discharged of all accompts for the Measn profits of the landes so retrenched Eighthly If the information of false admeasurement be against a Souldier or his Heirs or Assigns there the lot of the whole Regiment Troop or Company shall be first surveyed and if the same exceed not one tenth part of what such Regiment Troop or Company ought to have then no survey shall be taken of any individual lot or proportion Ninthly Where the lot of the Regiment Troop or Company shall exceed one tenth part of what they ought to have there the individual parcel to be admeasured if there be cause of Retrenchment may retrench where he thinks fit so as such retrenchment be contiguous Tenthly Whereas some lots for satisfying the Army fall in a good and bad County or Barony such as Kerry and Limerick Dowhallow and Orrery whereas the Souldiers before they came to a particular Dividend of their general lot did mutually consent that when a lot should fall in a bad County or Barony the persons to whom it there fell should have more acres when it fell in a good County they should have less acres or that the acres in the bad County should have a less rate or value set on them And the acres in the good County a greater rate or value should be set on them It is therefore declared that no overplus of acres in the bad County shall be considered as such an overplus as is lyable to retrenchment but with a due respect to such mutual agreements as were made in the general lot of the Regiment Troop Company or Society before the persons concerned in it came to a subdivision Eleaventhly No defendant or defendants whose lotts are not to be found within the books of distribution books of debentures or books of Grocers-Hall shall be liable to any new survey or readmeasurent his evidences being lost Twelfthly and lastly All proceedings in order to a new Survey or readmeasurement which shall not be finished and perfected within nine monthes next after passing this Act shall cease and be void and the defendant to be discharged of all such inquiries for concealments upon such informations And for the further directions of the Commissioners for execution of this Act in their proceedings touching Incumbrances It is â—â—reby declared that where the estate in any messuages Laâ—ds Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is noe other nor greater than for the life of such Claimant onely there and in such case the Commissioners for Execution of this Act shall give the person or persons against whom such decree hath been made or those who claim under them his and their election whether they will accept the reversion in fee of the Lands so incumbred with an estate for life expectant upon the determination of the said estate in lieu of their two third parts for the same or will rather choose to have their full two third parts set out and allotted to them presently out of some other forfeited Lands And the Commissioners shall give them certificates in order to their passing of Letters Patents either of the reversion of the whole or of two third parts in possession according as such election shall be made And where the estate in any Messuages Lands Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is such an estate in remainder or reversion as will leave unto the person or persons against whom such decree hath been made an estate for the life of some other person onely The Commissioners for Execution of this Act shall likewise give the person or persons against whom such decree hath been made or those who claim under them his or their Election whether they will choose to continue the possession of the whole Land during the life of such person and accept the estate for life in the whole Land in satisfaction of one of the third parts which would otherwise be due by the rules of this Act and demand no further allotment of any other forfeited Land than what shall be equal in quantity of acres to one third part onely or whether they would rather desire to have their two full third parts to be set out and allotted presently out of some other forfeited Lands and to relinquish the possession of that estate which they hold for life And the Commissioners are to proceed to give certificates in order to Letters Patents according to the consequence and event of such election And be it further Enacted by the Authority aforesaid that the Commissioners for Execution of this Act do forthwith and with all convenient speed set out and allot or cause to be set out and allotted unto the Archbishops and Bishops in the said former Act in that behalfe named respectively and to their and every of their respective Successors for ever such augmentations and allowances and out of such Lands as were formerly held or reputed to be held in fee farm of any Archbishop Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their politick capacitie under the reservation of any cheifry rent or other duty or service and in such way and manner as by the said former Act is directed and appointed Provided alwayes and be it Enacted that where any Mannors Lands or Tenements not lying within the securitie set a part for the satisfaction of the Commissioned Officers who served in Ireland before the fifth of June One thousand six hundred forty nine nor by the said former Act or this present Act otherwise disposed to any particular person or persons have been given and granted to any such Archbishop or Bishop and his and their Successors by virtue of any Letters Patents under the Great Seal of Ireland bearing date since the passing of the said former Act for or towards his and their respective augmentations and allowances that then and in such cases the Commissioners for Execution of this Act shall cause the Lands so granted as aforesaid to be surveyed and valued and if upon the return of such survey it shall appear that the lands so granted as aforesaid do not exceed the value of such Augmentations and allowances as by the said former Act were intended to be settled upon the respective Archbishops and Bishops to whom such Letters Patents were granted then the lands so granted as aforesaid shall be held and enjoyed by the several and respective Archbishops Bishops and their Successors according to the tenor of their respective Letters Patents And that the
and be settled upon the said Provost of Dublin and his Successors in such way and in such manner as the Lord Lieutenant or other cheif Governour or Governours of Ireland and Council for the time being shall direct And the Commissioners shall likewise set out or cause to be set out so many more acres of profitable Lands as may be of the yearly value of three hundred pounds or may be sufficient to answer and secure a yearly rent-charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for and towards the support and maintenance of the Fort at Duncannon and be setled for that purpose in such way and manner as the Lord Lieutenant or other chief Governour or Governours and Council for the time being shall direct and in the setting out of the said Lands the Commissioners shall not be obliged to proceed by any rules of contiguitie but onely to take care that the value intended be secured And the Commissioners shall likewise set out or cause to be set out so many acres more of profitable Lands as may be of the yearly value of one hundred pound per ann or may be sufficient to answer and secure a yearly rent-charge of one hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the Corporation of Bandon Bridg and their Successors and be granted to them by Letters Patents in such manner as other Letters Patents are herein after directed Nevertheless if any Lands have been already set out for that purpose the Commissioners are to cause the same to be valued and to retrench so much thereof as shall exceed the value of One hundred pounds per ann And if the whole fall short of that value to cause the same to be supplyed by further allotments as aforesaid And be it further Enacted by the Authority aforesaid That the Protestant Commissioned Officers who were in Regiments Croops or Companies raised in Ireland or transported out of England and served His Majestie or His Royal Father before the fifth day of June One thousand six hundred forty and nine and are not excluded by the said former Act and all others mentioned and intended by the said former Act to be satisfied equally and together with the said Commissioned Officers out of the fame security who received no Lands or money for their pay due unto them for their said service their Heirs Executors Assigneâ— or Assignes and also John Bartlet and the Heirs of Thomas Bartlet their Heirs and Assignes shall hold and enjoy and be continued and confirmed in all and singular the Messuages Mannors Land Tenements and Hereditaments not already decreed away by the Commissioners for Execution of the said former Act and in the benefit arising from the redemption of Mortgages statutes and judgements and in all other the benefits and advantages whatsoever arising or accruing unto them by any Clause in the said former Act contained other than the years rent and the year and halfs rent therein mentioned which rents are herein after otherwise satisfied and discharged And it is hereby Explained Declared and Enacted That these words The benefits arising from the Redemption of Mortgages Statutes staple and Judgements where the lands are not already disposed of to Adventurers or Souldiers shall be understood and expounded and so are hereby adjudged to be meant and intended of all benefits of that nature which on the two and twentieth of October One thousand six hundred forty and one or at any time since were belonging to any Irish Papist or Roman Catholick not already declared innocent by the Commissioners for execution of the said former Act although the lands were not actually sequestred saving and reserving as herein after is saved and reserved and that the Commissioners for execution of this Act shall cause all and every their securities for satisfaction of such arrears arising by the said former Act or this present Act to be equally divided and distributed amongst all and every the said Commissioned Officers and other the persons aforesaid and the Heirs Executors Assignee or Assigns of such Commissioned Officers and other the persons aforesaid according to the proportion of their respective Arrears stated or appointed to be stated by this Act And therein care is principally to be taken that such Officers who served before the fifth of June One thousand six hundred forty and nine and have yet had no satisfaction for their service in land or money their Heirs Executors Assignee or Assignes may be satisfied in the first place after the rate of Twelve shillings six pence in the pound if the same will so far extend And if there shall be found any surplus then the same shall be equally distributed amongst all the Officers who served before the fifth of June One thousand six hundred forty and nine and have any arrears due to them as well those who have formerly had satisfaction in part as those who have yet had no satisfaction and amongst the respective Heirs Executors and Assigns of such Officers And that all and every the respective securities herein before mentioned shall be forthwith put out of charge without any fees to be therefore paid in order to the distribution aforesaid and until such distribution made shall be managed for the benefit of the persons herein concerned by such persons as in the said former Act is directed And in case any lands or houses within any of the securities aforesaid shall by any particular Clause in this Act be disposed unto or settled upon any person or persons not being a Commissioned Officer as aforesaid nor having the same in satisfaction of arrears due for service before the fifth of June One thousand six hundred forty and nine or by way of confirmation of some Clause in the former Act The Comissioners for execution of this Act shall set apart so much other forfeited land as may be sufficient to reprize the said Commissioned Officers for such loss and damage as they shall sustain by such Clause that so the said securities may remain and continue to and for the benefit of all persons therein concerned as full and ample as the same would have been by virtue of this Act if such particular Clauses or Dispositions had never been had nor made And the Commissioners shall cause the distribution of lands and houses within the security of the said Officers to be fairly entred in Books as is before directed in the Settlement of Adventures and Souldiers to the end that such persons who shall be settled in any of the respective securities may be enabled to demand Letters Patents of the Houses Lands and Tenements Rights of Redemption sums of money and other the premises which shall be allotted to them for their proportion which is hereby Enacted shall be granted accordingly and shall be good and effectual in Law according to the tenor and purport of the
same but subject to the Quit Rents of Eighteen pence per annum to be paid to His Majestie His Heirs and Successors for every Twenty shillings which any House Orchard or Garden-plot within the security aforesaid is worth to be let according to the said former Act and to such other Quit Rents as any of the land within the said security ought by virtue of the said former Act or this present Act to be charged with Saving nevertheless to all and every the Archbishops Bishops and other the Ministers of the Church such right benefit and advantage of in and to the forfeited houses in Cities walled Towns and Corporations as in and by the said former Act is given the said Houses to be set out by the Commissioners for execution of this Act. And be it Enacted by the Authority aforesaid That the House chosen by Edward Lord Bishop of Limerick in the City of Limerick and set out to him for seven years according to the Act of Settlement together with that small waste plot of ground and two ruinous Tenements thereon which the present Bishop thereof now rents of the Trustees at Twenty shillings per annum lying on the backside of the said dwelling House equal with the front thereof down to the High-way adjoyning to the wall of the said City being from the said back-side in length threescore and six yards and in breadth twenty and nine yards be annexed unto the See of Limerick for ever and be a Mansion House for William the present Bishop thereof and his Successors And be it further Enacted by the Authority aforesaid that the benefit and advantage of all forfeitures by false certificates shall be in the first place applyed to and for the satisfaction of the persons aforesaid who ought to be satisfied twelve shillings and six pence in the pound until twelve shillings six pence in the pound be fully satisfied in case the securities aforesaid shall not be sufficient for that purpose and after twelve shillings and six pence in the pound fully satisfied to the persons aforesaid then the whole benefit of the said forfeitures shall be and remain and shall be applyed unto such uses intents and purposes as in and by the said former Act was appointed so as the said false certificates be found out and discovered within three months after the passing of this present Act. And whereas by the said former Act such Officers or their Assignes who shall purchase any Houses Lands Tenements or Hereditaments within any Corporation are enjoyned to give security to satisfie such as by virtue of any Lease or contract for Lease have built or improved any House or Garden either in money or else by granting to such person or persons a Lease at a Rent proportionable to the said improvement so as the said proportion exceed not a fifth part of the value the same are worth to be sold Messuages built from the ground onely excepted Be it Enacted and explained by the Authority aforesaid that no person or persons shall be admitted to have any satisfaction or security for his or their improvements who upon Leases or contracts for Leases made before His Majesties happy Restauration were bound to make such improvements And have actually enjoyed the said Houses Lands and Tenements during the full time and term of years for which they did contract and agree as aforesaid any thing in this or the said former Act to the contrary notwithstanding And to the end that all and every the Houses in Corporations being part of the aforesaid securities may alwayes continue in the hands of English and Protestant Subjects as neer as may be It is further Enacted by the Authority aforesaid that no Papist or Popish Recusant shall be admitted to purchase any of the Houses in Corporations from the Commissioners for Execution of this Act nor any other person or persons but such who shall take the Oathes of Allegiance and Supremacy which Oathes any of the said Commissioners or any Iustice of Peace hath hereby power to Administer without the Licence and leave of the Lord Lieutenant or other chief Governour or Governours in Ireland and Council there by Act of Council first had and obtained And further that no Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine nor the Heir Executor Assignee or Assignes of such Commissioned Officer or other person to whom any of the Houses within the said security shall be allotted or shall hereafter come shall set grant alien demise lease or otherwise dispose any House or Houses within the security aforesaid to any Papist or Popish Recusant or person refusing the Oathes of Allegiance and Supremacy as aforesaid without Licence as aforesaid under pain of forfeiture of double the value of every such House so conveyed or disposed as aforesaid One moyety thereof the Kings Majestie His Heirs and Successors the other moyety to him or them that will sue for the same to be recovered by action of Debt Bill Plaint or information in any of the four Courts of Record at Dublin wherein no Essoin Protection nor wager of Law to be admitted nor any more than one imparlance and the said Houses and Lands in Corporations together with the summ of One hundred thousand pounds herein after mentioned are with all possible expedition to be distributed by the Commissioners for Execution of this Act according to the rules aforesaid that so the daily ruine and decay of the said Houses may be prevented as soon as it is possible And whereas the Lord Lieutenant and Council of this your Majesties Kingdom have at the humble suite of several of the said Officers conceived an order bearing date at the Council Board of Dublin the twelfth of January One thousand six hundred sixty three wherein they have set down several rules and directions for the stating the arrears of the several Armies which were imployed in the service of your Sacred Majesty or your Royal Father of blessed memory in your warrs in Ireland before the fifth of June One thousand six hundred forty nine which order by reason of the shortness of the time limited for stating the said arrears and issuing debentures unto the said Officers would not be punctually observed by your Majesties Commissioners appointed for Execution of the said Act Be it therefore Enacted by the Authority aforesaid That the said order bearing date as aforesaid shall be and is hereby Enacted in as full and ample manner as if the same were particularly set down and recited in this Act and the Commissioners appointed or to be appointed for the execution of this Act are hereby authorized and required before they proceed to the giving out of any satisfaction for any arrears of pay due unto any of the said Officers or their Assigns to take care that all the accompts of the said Officers be made conformable unto the Rules and Directions of the said Order notwithstanding the Debentures issued as aforesaid that
Heirs and Successors to the uses herein before and after mentioned And where any of the lands so purchased have been evicted by any Decrees herein after confirmed or shall be given or restored to any person or persons by any special clause or provisoe herein contained The Commissioners for Execution of this Act shall set out and allot unto the person prejudiced by such Decree or clause so much other forfeited land as may be equal in quantity of acres to two third parts of the lands so evicted or restored as aforesaid And it is likewise further declared and Enacted That the persons to be settled in Connaght and Clare as aforesaid and from whom a third part is to be Retrencht and cut of as aforesaid shall be and are hereby discharged of and from the years rent reserved and payd by Charles Earl of Mountrath and others in a particular clause in the said former Act mentioned and of and from all the arrearages thereof And be it further Enacted by the authority aforesaid That neither Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine Protestant purchasor in Connaght and Clare transplanted person Nor the Heirs Executors Assignee or Assignes of them or any of them nor any other person or persons Body Politick or Corporate who by the said former Act of Settlement is or are any way intituled to reprizals for or in respect of some possession which they have quitted or of some Decrees which have been made against them or otherwise shall at any time hereafter be enabled to demand or have the same reprizals further than what will amount to his and their full two third parts as aforesaid but shall be thereof for ever barred and excluded any thing in the said former Act to the contrary notwithstanding His Royal Highness James Duke of York His Grace George Duke of Albemarle and such others herein after mentioned according to the provision herein after made onely excepted And be it further Enacted by the Authority aforesaid That no Adventurer or Souldier nor the Heir Executor Assignee or Assignes of any Adventurer or Souldier who before any Decree of innocence made by the Commissioners for Execution of the said Act did by himselfe or any other directly or indirectly compound or agree with any Irish claimant whose claim was then depending before the said Commissioners shall ever be admitted to receive or have his two third parts or any other satisfaction for that part of his estate which he so compounded or agreed for but as to so much of his estate for which any agreement was made as aforesaid shall be for ever barred and concluded to demand his two third parts as if the person so agreeing had never been seized or possessed of the same or intitled thereunto so as such Composition or agreement be made to appear before the Commissioners for execution of this Act within three moneths after their first sitting And for the better improvement and ascertaining of His Majesties Revenue Be it further Enacted by the Authority aforesaid That all lands by this or the former Act vested in His Majestie or restored by virtue of any Decrees herein after confirmed or settled or mentioned to be disposed restored confirmed or settled unto or upon any person or persons Bodies Politick or Corporate by virtue of any Clause in this or the said former Act contained and not particularly by plain and express words excepted from Quit Rents in the same Clause and the Lands by this Act appointed to be set out for Augmentation of Bishopricks for endowment of Parochial Churches with Glebe for the better support of the Provost or of the Provost and Fellows of the Colledge of Dublin for the maintenance of the Fort at Duncannon and the benefit of the Corporation at Bandon-Bridge and all the lands enjoyed by transplanted persons in the Province of Conaght or the County of Clare and all other the Lands seized sequestred or set out by reason of or upon accompt of the late Rebellion or War the lands of James Duke of Ormond Elizabeth Lady Dutchess of Ormond the Earl of Burlington and Cork the Earl of Roscommon and other the Protestants of Ireland heretofore sequestred onely excepted be subject and liable to such Quit-Rents to be paid unto His Majestie His Heirs and Successors as in the former Act is directed and appointed Saving onely that the lands in the Province of Ulster which by the former Act were charged with one peny the Acre Quit-Rent shall be and are hereby charged from henceforth with two pence the acre Quit Rent Nevertheless because it may so fall out that in some Counties and Baronies of this Kingdom the Quit Rents which by the Rules of this Act will be chargeable upon and issuing out of the lands therein lying may exceed or at least amount to the full value of the land therewith charged or very neer the full value to the great discouragement of all Plantation and Improvement thereupon Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other chief Governour or Governours and Council for the time being at any time during the space of three years from and after the passing of this present Act to make such abatement and moderation of Quit Rents as they in their judgements shall think fit and that such Order of Council as shall be made touching the abatement of Quit Rents and enrolled in the Court of Exchequer shall be as good and effectual as if the same had been Enacted by these Presents Any thing herein contained to the contrary notwithstanding And for the better carrying on of this present Settlement by raising such a sum of money as may be sufficient to buy of several Estates and Interests which by virtue of the said former Act are now in being and if they should be strictly challenged and demanded according to the tenor of the said Act would in a great measure delay and hinder the execution of this present Act Be it further Enacted by the Authority aforesaid That one years rent of all the lands in Ireland which were returned by the Civil survey to belong to any Irish Papist Popish Recusant or Roman Catholick according to the values of the same lands were let at in the year One thousand six hundred fifty and nine and of all other the lands wherein any Adventurer or Souldier his Heirs Executors or Assigns hath any benefit of Settlement or Confirmation by virtue of this present Act the lands settled by Erasmus Smith to any pious or charitable use onely excepted be forthwith raised and paid unto the Receivers herein after constituted and appointed by two even and equal payments the first payment thereof to begin upon the first day of February which shall be in the year of our Lord One thousand six hundred sixty five the second payment to be upon the first day of
and thereby are actually restored without any Previous reprizall and their and every of their Executors and Assignes shall stand and continue restored to and vested in such their estates thereby intended and shall have and enjoy the lands Tenements and Hereditaments and all other the benefits and advantages of the said former Act in such manner and form and for such estates and with such privileges immunities and discharges respectively as in and by the said former Act are mentioned and expressed Nevertheless it is hereby declared that this restitution and confirmation is not to extend to any lands Tenements or Hereditaments other than such as did truely and without fraud upon the two and twentieth of October One thousand six hundred forty and one belong to and were enjoyed by the said persons or some of them their or some of their Ancestors or Heirs or were in the possession and seizin of some others in trust for them or some of them or be particularly expressed in the several and respective clauses of the said former Act And to the end it may more cleerly appear how much land the persons aforesaid are truely intitled unto by virtue of this or the said former Act and how farr the persons who are or shall be dispossessed by them or any of them ought to be relieved by virtue of this Act It is further Enacted that all and every the persons aforesaid who claim any benefit by the clauses aforesaid shall make out such their title as to the several parcels of land which they demand before the Commissioners for Execution of this Act within such time as shall be limited by the Commissioners and take out their Decrees for so much as shall be allowed upon their Claims and in default thereof shall forfeit two years value of the lands in their or any of their possessions respectively or in the possession of their tenants or Trustees one Moyety to the Kings Majestie the other to the Informer to be recovered in like manner as other forfeitures are by this Act appointed to be recovered And it is further declared and Enacted That Thomas Pigott Esq and Matthew Lock Esq shall have and enjoy to them and their Heirs two full third parts of the lands in Westmeath settled on them by the said former Act with like libertie of Retrenchment retaining possession and of demanding and having Letters Patents as other Adventurers and Souldiers ought to have and as if the said lands in Westmeath had been in the possession of the said Thomas Pigott and Matthew Lock on the Seaventh of May One thousand six hundred fifty and nine and had been allotted to them as original Adventurers any thing herein before to the contrary notwithstanding And it is hereby declared and further Enacted That if any of the said persons herein before mentioned to be restored and appointed to take out Decrees as aforesaid or any others who by virtue of any Decrees heretofore made by the Commissioners for Execution of the said former Act have been restored shall at any time within two years next ensuing be found by colour of some clause in the said former Act or Decree as aforesaid to have entred upon and kept possession of more land than did rightfully belong unto them and was in their possession on the two and twentieth of October One thousand six hundred forty and one unles the same land were particularly expressed and given in some clause in the said former Act contained that then and in such case the person so offending shall forfeit double the value of the land so fraudulently possessed and detained unless the said offendor shall within three months next after the first sitting of the Commissioners for the Execution of this present Act discover and declare the same to the said Commissioners and openly relinquish and surrender the possession so unduely detained as aforesaid of which forfeiture one third part shall be to our Soveraign Lord the King and the other two thirds to him or them that will sue for the same to be recovered by action of Debt Bill Plaint or information in any of the four Courts of Record at Dublin wherein no essoyne Protection or wager of law shall be or any more than one imparlance And be it further Enacted by the Authority aforesaid That all and every the clauses in the said former Act contained and not herein altered explained or repealed and which will consist with the Execution of this Act shall be and so are hereby declared to remain and be of such like force and effect as the same were before the passing of this Act and that all other the clauses which will not consist with the effectual Execution of this Act shall be and are hereby repealed any thing herein before contained to the contrary notwithstanding And further that all and every the clauses in this or the said former Act contained so farr as the same remain in force shall be construed expounded and taken in all Courts and places whatsoever most liberally and beneficially for the protecting settling and establishing the persons estates and interests of Protestants who are principally intended by these presents to be settled and secured And be it further Enacted by the Authority aforesaid That all Decrees made by the Commissioners for Execution of the said former Act whereby any Protestant or Protestants have been declared innocent shall be and are hereby absolutely confirmed and also that all Decrees whereby any Papist or Papists have been declared innocent and which shall be taken out within three months after the first sitting of the Commissioners for Execution of this present Act shall be and are hereby absolutely confirmed according to the tenor purport and effect of the same any exception touching the time wherein the same Decrees were made and any irregularity or pretended irregularity in not pursuing the Declaration Instructions and the said former Act to the contrary notwithstanding such Decrees wherein any lands are comprehended or which any Protestant or Protestants was or were possessed before the two and twentieth of October One thousand six hundred forty one and which were never seized or sequestred or set apart upon the accompt of the late Rebellion or warr and such Decrees wherein more lands are Decreed to the Claimant than were claimed by him as to those lands so Decreed beyond the claim onely excepted which are hereby declared as for so much to be utterly void so as the same be discovered within six moneths next after the first sitting of the Commissioners subject nevertheless to such penalties as in this and the said former Act are contained touching false and fraudulent Claims so as the same be discovered within two years next ensuing the passing of this present Act. Provided always and be it Enacted That no person or persons who by the Commissioners for execution of the said former Act have been adjudged and declared innocent and to whom any Land Tenements or Hereditaments have been adjudged and restored
by the Decree of the said Commissioners nor any other person or persons claiming under such Decree shall be permitted to sue or prosecute the person or persons against whom such Decree was made his or their Executors or Administrators or any of their Tenants or Assigns touching or concerning any Measn profits of the Lands and Tenements so as aforesaid decreed but that all Suits Actions and Demands touching or concerning such Measn profits and all prosecutions therefore whether in law or equity shall be and are hereby barred and excluded and all and every person and persons liable to such actions molestations and prosecutions shall be thereof for ever acquitted and discharged Any thing in this or the said former Act contained to the contrary notwithstanding And because many persons did put in their claims before the Commissioners for execution of the said former Act as innocent persons thereby demanding some small parcel of land onely or deriving his or their title to some small part from some Irish Papist and thereupon no opposition being made the said Commissioners declared the said Claimant or the person under whom the Claimant derived to be innocent quo ad hoc since which time the said Claimants and the said persons under whom they derive alleaging themselves to be declared innocent enter upon great estates in several Counties as devested out of the Crown by such Iudgement of Innocence pretending the limitation of that Innocence by the words of the Decree quo ad hoc to be repugnant and impossible contrary to the intention and meaning of the said Commissioners by them publickly declared whereas if the whole estates to which the said persons now pretend had been then in question before the said Commissioners the several Adventurers and Souldiers therein concerned had been summoned to have taken notice thereof and might have made such opposition and produced such proof of their nocency as they thought fit Be it therefore Enacted That no Decree wherein any person or persons have been declared innocent quo ad hoc shall give such person or persons any title by virtue of any such Decree to enter upon or enjoy any more or other lands than what were particularly mentioned in such Decrees but that all other the lands of such person or persons declared innocent quo ad hoc which were sequestred upon the accompt of the late Rebellion or War shall remain and continue in His Majestie to the uses of this and the said former Act Any thing in either of the said Acts to the contrary notwithing Provided also and be it Enacted That nothing herein contained shall extend in any wise to ratifie or confirm the Decree made by the Commissioners for execution of the said former Act wherein and whereby Oliver Earl of Tyreconnel hath been declared to be nocent but that the said Decree and every part thereof shall be and so is hereby declared to be null and void as if the same had never been had or made and that the said Oliver Earl of Tyreconnel and all others who upon the Three and twentieth of October One thousand six hundred forty one or at any time since were or are seized to his use or in trust for him or in trust for Sir Thomas Fitz William late Vicecount Meryon Father to the said Earl or Christopher Fitz Williams Vncle to the said Earl or in trust for the Countess of Tyreconnel Wife of the said Earl of Tyreconnel for her separate maintenance or claiming by from or under him the said Earl of Tyreconnel shall be and continue in such like estate and condition and no other nor better than he or they ought to have been in case no such Decree had ever been made subject nevertheless to such Quit Rents as by this Act are imposed Any thing herein or in the said former Act contained to the contrary notwithstanding And be it further Enacted That the said Oliver Earl of Tyreconnel shall hold and enjoy to him and his heirs the lands in Cappock in the County of Dublin and Hanlaston and Athronan in the County of Meath mortgaged by the Lord Vicecount fitzs William his Father now forfeited to His Majestie and that His Majesties Letters Patents under the Great Seal of England bearing date the eight day of June in the sixteenth year of His Majesties Reign containing His Majesties gracious pardon to the said Earl of Tyreconnel and a clause of Restitution of all the lands and Tenements of the said Earl shall be and is hereby confirmed and shall be held and enjoyed accordingly subject to Quit Rents as aforesaid Provided always and it is hereby Enacted and Explained That no lands whereof the Provost Fellows and Scholars of the Colledge of the holy and undivided Trinity of Queen Elizabeth neer Dublin were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession nor any lands held by virtue of any Grant Lease or Fee Farm from the said Provost Fellows and Scholars and forfeited to His Majestie shall be disposed by virtue of this or the said former Act but that they and every of them remain and be in the said Provost fellowes and scholars and their Successors for ever Subject nevertheless to the payment of such Quit rents for the said forfeited lands as Adventurers or Souldiers by virtue of this or the former Act ought to pay any thing in this or the said former Act contained to the contrary notwithstanding And because several persons have been decreed innocent but nevertheless have not been restored to the lands which they claimed before the Commissioners for Execution of the said former Act but have been left to the course of law for the recovery of their possessions by trying their titles grounded upon the validity of those evidences by which they pretended to claim Be it therefore Enacted by the Authority aforesaid That all and every person persons who were defendant or defendants in the suit or claim upon which such decree was made as aforesaid and those claiming by from and under them shall within three months next after the sitting of the Commissioners for Execution of this Act declare and make his and their election by writing under his and their hands and Seals or under the hands and Seals of his and their Atturneys or Agents thereunto lawfully authorized whether they will immediately deliver up and relinquish the possession of the lands in controversy unto the Kings Majestie and resort to their proportionable satisfaction out of other forfeited lands which if they do elect they are to be admitted accordingly and shall be satisfied his and their full two third parts and so much more as may be Equivalent to his and their buildings and improvements and then shall part with the said lands or whether they will rather abide the tryal at law which if they do elect and the Irish claimant should fail to prosecute his title or a verdict or judgement shall be given against
such Irish claimants or the person or persons who shall derive under such Irish claimant then shall such Adventurer or Souldier or other person or persons his or their Heirs Executors or Assignes who shall be concerned in that suit for ever and finally hold the said land in question and every part thereof to him and his Heirs but in case verdict or judgement be given for the title of the Irish claimant or no such election be made as aforesaid the Adventurer or Souldier or other person his or their Heirs Executors or Assignes shall be excluded from demanding or having his two third parts or any other satisfaction which otherwise he might have had in respect of such land so recovered as aforesaid Nevertheless it is hereby declared that no other title shall be admitted to be alleaged or given in evidence by such Irish claimant or any claiming under them but such title as was alleaged in the claim exhibited before the Commissioners for the Execution of the said former Act Provided that if any secret agreement be made between the Irish Claimant and the partie concerned as aforesaid directly or indirectly and the person so agreeing shall obtain any satisfaction for or in respect of the lands so agreed for that then and in such case the party so offending shall forfeit double the value of the lands so obtained one Moyety to the Kings Majestie the other Moyety to the Informer to be recovered in like manner as other forfeitures are herein appointed to be recovered And be it further Enacted that all and every person and persons who now have any grants or Patents of any lands Tenements or Hereditaments or of any titles of honour or dignity or of any annuity pension office or imployment within this Kingdom not already enrolled do cause the same to be enrolled in the Chancery of Ireland within the space of two years next after the Royal assent to this Bill actually given under pain of forfeiture of two years value of any lands Tenements annuities pensions or offices whereof the Patents shall not be enrolled as aforesaid one Moyety to the Kings Majestie his Heirs and Successors the other Moyety to him or them that shall will sue for the same to be recovered by action of Debt Bill Plaint or information in any Court of Record wherein no essoyne protection or wager of law to be allowed or any more than one imparlance and that all every person persons having any Patents touching or concerning any title of honour or dignity not already enrolled or to be enrolled within the time aforesaid shall forfeit and loose the summ of one hundred pounds sterling one Moyety thereof to the Kings Majestie his Heirs Successors the other moyety to him or them that shall will sue for the same to be recovered as aforesaid And it is further Enacted by the Authority aforesaid That all Letters Patents hereafter to be granted of any titles of honour offices or lands whatsoever shall contain in the same Letters Patents a clause requiring and compelling the said Patentees to cause the said Letters Patents to be enrolled in the Chancery of Ireland within a time therein to be limited and all Letters Patents wherein such clause shall be omitted are declared to be utterly void and of no effect Provided alwayes and be it Enacted that nothing in this or the said former Act contained shall extend to prejudice or alter the right title or interest which Elizabeth Countess of Guilford hath or ought to have in the Mannors Castles Towns Villages Messuages lands Tenements or herediments lying or beeing in the County of Cork and now in the actual possession of her the said Countess or her Assignes as the jointure or Dower of her the said Countess the relict of the late Lord ViceCount Kynalmeaky but that the same be possessed and enjoyed by her the said Countess and her Assignes in the same state and condition and no other as she held and enjoyed the same before the first sitting of this present Parliament any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Charles Lord ViceCount Fitz Harding Treasurer of His Maiesties House-hold shall hold and enjoy to him and his Heirs all and singular the lands Tenements and Hereditaments lately granted or mentioned to be granted unto Charles late Lord ViceCount Fitz Harding afterwards Earl of Falmouth and his heirs in and by certain Letters Patents thereof passed under the Great Seal of Ireland And it is hereby declared that the Adventurers and Souldiers and Protestant purchasors of lands in Conaght and Clare their Heirs and Assignes who shall be thence removed shall be satisfied his and their two third parts in like manner as any other Adventurer or Souldier ought to be satisfied by the rules of this Act Provided alwayes that if His Majestie shall at any time within the space of two years next and immediately ensuing pay or cause to be paid unto the said Charles Lord ViceCount Fitz Harding his heirs or Assignes the summ of twenty thousand pounds at or in the middle Temple-Hall in London upon notice thereof first given to the said Charles Lord ViceCount Fitz Harding and his heirs by the space of one week before such payment then all and singular the lands in the said Letters Patents mentioned shall return to and remain in his Majestie his heirs and Successors to the uses of this Act and that until the whole summ of twenty thousand pounds shall be paid and satisfied as aforesaid it shall and may be lawful to and for the said Charles Lord ViceCount Fitz Harding and his Heirs to retain and keep possession of the premisses and the profits thereof to receive and convert to his and their own use without any account to be therefore made any thing herein before to the contrary notwithstanding And whereas Lewis Lord Vicecount Clanmalira being but tenant in tail of certain lands in Ireland exhibited his claim before the Commissioners for Execution of the said former Act but the same remained undetermined and no other claim was exhibited by any other person to any part of the lands of the said Lewis Lord Vicecount Clanmalira either in possession or reversion or remainder except only the claim of Sir Henry Bennet Knight now Lord Arlington His Majesties principal Secretary of State to the reversion thereof in fee being granted to him the said Sir Henry Bennet now Lord Arlington by His Majesties Letters Patents bearing date the fifth day of November in the fourteenth year of his Majesties Raign which claim was by the said Commissioners allowed in so much that the estate and interest of such Adventurers and Souldiers who were formerly planted thereupon are become very doubtful and that as at the best they were not to continue longer than during the said estate tail so now it may be doubted in law whether they be of any continuance at all and
first deducted And the said Lord Lieutenant or other chief Governour or Governours of Ireland are hereby required to cause all the moneyes so as aforesaid received to be issued out and paid from time to time to such person or persons as his Majestie already hath appointed or hereafter shall appoint And it is further declared That an acquittance or receipt signed with the sign manual of the said Lord Lieutenant or other chief Gouernour or Governours of Ireland shall be for so much as is therein contained a sufficient discharge unto the said Sir John Percival his heirs Executors and Administrators and every of them And for the more just regulation of proceedings in this Office the Commissioners for Execution of this Act are hereby impowered and required to Administer an Oath to the said Sir John Percival and all others who shall be imployed in any ministerial Office or imployment relating to the service of this Act in these words following You shall sweare that you shall well and truely execute the place of _____ according to the best of your skil and knowledge and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will so help you God And whereas there is one clause contained in the said former Act in these words following And for the better prevention of all future Rebellions and to the end our good Subjects of Ireland may be likewise secured against all Insurrections or attempts for the time to come and the said Kingdom be the better planted and improved Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other chief Governour or Governours and Council of Ireland for the time being from time to time and at all times hereafter during the space of seven years to be accompted from the first day of May One thousand six hundred sixty five to make and establish such rules orders and directions for the better planting with Protestants the Lands by this Act vested in His Majesty and not appointed to be restored to innocent persons And for the better regulation of Cities walled Towns and Corporations and the electing of Magistrates and Officers there and to inflict such penalties for the breach thereof as they in their wisdom shall think fit so as the penalties for breach of the rules of plantation do not extend further than to treble the Quit-rents due for the lands which shall be planted otherwise than those rules shall direct the said penalties to continue and be yearly paid to the King His Heirs and Successors till the said Rules of plantation be performed and thenceforth the rent by this Act reserved to be onely payable and so as the penalty for breach of the rules to be made touching Corporations do not extend further than to the removeall or disfranchisement of such persons as shall be found guilty of the breach thereof which Rules Orders and directions so as aforesaid to be made shall be as good and effectuall in Law to all intents and purposes as if the same had been established by authority of this present Parliament and shall remain continue and abide in force for such and so long time as in and by the said Rules Orders and directions shall be limited and appointed And whereas some doubt doth arise whether the Lord Lieutenant Chief Governour or Governours and Council of Ireland for the time being may make and establish Rules Orders and directions for the better regulating of such Cities walled Towns and Corporations as have been anciently incorporated or onely for the better regulating such corporations as shal or may hereafter be created according to the Tenor purport of His Majesties Gracious Declaration for the Settlement of His Kingdom of Ireland and satisfaction of the severall interests of Adventurers Souldiers and other his Majesties Subjects there for the cleering whereof Be it further Enacted and it is hereby declared and Enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same that it shall and may be lawfull to and for the Lord Lieutenant or other chief Governour Governours and Council of Ireland for the time being from time to time and at all times to come during the space of seven years to be accompted from the nine and twentieth day of September One thousand six hundred sixty five to make and establish such Rules Orders and Directions for the better regulating of all Cities Walled Towns and Corporations both new and old and such as shall be created within this Kingdom and the electing of Magistrates and Officers there and to inflict such penalties for the breach thereof as they in their wisdom shall think fit so as the penalties for breach of the Rules Orders and Directions to be made touching such Corporations do not extend further than to the removeall and disfranchisement of such persons as shall be found guilty of the breach thereof and such Rules Orders and directions so to be made as aforesaid shall be as good and effectual in law to all intents and purposes as if the same had been specially and particularly established by Authority of this present Parliament and shall remain continue and abide in force for such and so long time as in the said Rules Orders and Directions shall be limited and appointed any thing in the said Act or otherwise to the contrary thereof in any wise notwithstanding And whereas the Officers and Souldiers who served in Ireland since the fifth of June One thousand six hundred forty nine and the Connaght purchasors for the better furtherance and management of their common interest have by their humble address represented the necessity of raising of monies and supplicated leave for so doing as was formerly granted to the Adventurers and their Assigns in the like case and least some of the said Officers and Souldiers or some of their respective Assigns may prove to be refractory in paying and allowing their just proportions of money for the said ends and for defraying of the publique charge there about it being nevertheless very expedient that a service of such a publique and common advantage should be equally born by all persons concerned therein Be it therefore Enacted by the Authority aforesaid that the said Officers and Souldiers and Connaght purchasors their Heirs and Assigns shall allow satisfie and pay such sum and sums of money as Arthur Earl of Anglesey Roger Earl of Orrery the Lord Vice Count Conway Lord Kingston Sir John Skeffington Baronet Sir Thomas Clarges Knight Sir Thomas Stanley Knight Sir Richard Kerle Sir William Petty Doctor Robert Gorges Henry Nicoll John Brett and Miles Cooke Esq or any three or more of them meeting at Dublin the first Thursday in Hillary Term One thousand six hundred fifty and five or any other Term after at 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
William Petty his Executors Administrators or Assignes from time to time as often as any such Order or warrant shall be made to enter into all and every the lands in such Order or warrant mentioned and to levy the respective summs therein appointed to be paid not exceeding one penny the acre by distress and sale of such distress as shall there be found belonging to the occupiers of the said lands returning the overplus and whatsoever the Tenants or occupiers of the lands shall pay or shall otherwise be levied upon them as aforesaid not exceeding one penny the acre shall and may be deducted out of the rents by them respectively payable and for so much they and every of them shall be and are hereby discharged against their several and respective Landlords And because the Settlement now intended and endeavoured to be perfected would be very much obstructed if the Heirs or Assignes of Wentworth late Earl of Kildare should hold and enjoy the full benefit of a certain clause in the said former Act contained whereby the Preemption of all forfeited estates and interests held of or from Wentworth Earl of Kildare or George Earl of Kildare or either of them and of all other lands lying intermixt with the said Earl of Kildares estate is given to the said Wentworth late Earl of Kildare his Heirs and Assignes and further the arrears due to George Earl of Kildare for service before the fifth of June One thousand six hundred forty nine were appointed to be satisfied in the County of Kildare and else where lying most convenient to the said Earl of Kildares estate as the said Wentworth late Earl of Kildare should make choice of Be it therefore Enacted by the Authority aforesaid That so much of the said clause as concerns the preemption of forfeited estates and interests held of and intermixt with the Earl of Kildares grant as aforesaid or appoints the satisfaction of personal arrears for service to be within the County of Kildare or elsewhere at election as aforesaid shall be and is hereby repealed which arrears of the said George Earl of Kildare now belonging to Sir James Shaen Knight and Baronet Administrator of the said George Earl of Kildare are to be satisfied as in and by another clause herein after following and providing for the satisfaction of the interests of the said Sir James Shaen is declared and that in lieu and satisfaction of those privileges and advantages in and by the said clause given or intended to be given the Commissioners for execution of this Act shall forthwith set out or cause to be set out unto John now Earl of Kildare and his Heirs so much undisposed forfeited lands as shall be of the cleer yearly value of five hundred pounds per annum over and above all charges and reprizes therein shall take care that the same may be set out as neer unto the said Earls estate and as contiguous to the Lordship of Kilka in the County of Kildare as the same can conveniently be done and after such allotment and setting forth the same shall be granted by Letters Patents under the Great Seal of Ireland unto John Earl of Kildare and the Heirs Males of his body And for want of such issue to remain and be to Robert Fitz Gerald Esq uncle of the said John Earl of Kildare and the Heirs Males of his body and for default of such issue to the right Heirs of Wentworth late Earl of Kildare for ever subject nevertheless to the payment reimbursement and discharge in the first place of all such summ and summs of Money with interest for the same as upon any contract or bargain heretofore made by the said Wentworth late Earl of Kildare touching the benefit of the said former provisoe or touching the benefit of any part thereof have been paid unto the said late Earl or shall be paid hereafter to such Contractors during the minority of the the said John Earl of Kildare and lyable also to such other charges and payments as shall be necessarily made and disbursed in and for the settling and securing the premisses And that the Letters Patents so as aforesaid to be granted shall be of like force and effect as any other Letters Patents herein before appointed to be granted are or ought to be Provided alwayes and be it Enacted by the Authority aforesaid That out of the estates of John Fitz Gerald John Magill and Ieoffrey Faning before by this Act vested in His Majestie his Heirs and Successors It shall and may be lawful for the Lord Lieutenant or other Chief Governours of Ireland to restore unto and settle upon them and their Heirs respectively such part or parts of the said respective estates as they shall think fit Provided also and be it further Enacted by the Authority aforesaid That Sir John Stephens Knight Governour of His Majesties Castle of Dublin shall and may have hold and enjoy to him his Executors and Assignes all and every the lands Tenements and Hereditaments in the County of Cork which at any time were reputed to belong to Sir Brice Coghran by colour of any grant or guift of the late Vsurped powers and which are or have been possessed by the said Sir John Stephens by virtue of Letters Patents under the Great Seal or otherwise for and during such time and term of years and under such rents onely as in the said Letters Patents are expressed and no other so as he the said Sir John Stephens do place or cause to be placed upon so much of the premisses as shall be found to be within the securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine so much of the stated arrears due to such Officers which are satisfiable and for which no satisfaction hath yet been given as the value of the premisses may amount unto any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Moneyes which by virtue of this or the said former Act shall or may growe due unto His Majestie for or in respect of the measne profits of those lands which have been set out and received in satisfaction of any arrears for service done in England commonly called English arrears or for or in respect of the measne profits of those lands which have been set out to any person or persons in satisfaction of any Adventures upon the Ordinances commonly called the doubling Ordinances or for or in respect of any other measne profits which by this Act are made due and payable unto His Majestie as being received out of lands set out in satisfaction of interests not satisfiable by this or the said former Act and also all and every the summs of Money now due unto His Majestie which any person or persons transplanted into Connaght and since restored or hereafter to be restored to his former
of Adventures or Arrears or of purchases made in Connaght or any restitution to any Lands Tenements or Hereditaments the Incumbents of the severall Parochial Churches excepted such Fees and no other as the Lord Lieutenant or other chief Governour and Governours of Ireland and Councill there shall think fit and appoint and that after the same Fees so as aforesaid ascertained like remedy shall be given for the recovery thereof as in and by the said former Act is provided any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That no Lease or Custodiam made or granted by the Kings Majestie unto Edward late Lord Bishop of Limerick now Lord Bishop of Corke Cloyne and Rosse or unto any other person or persons of any Lands Tenements or Hereditaments in the Baronie or Baronies of Conello and Pople-Bryan in the County of Limerick or either of them whereof William Barker Esq by himself his Agents or undertenants was in possession the seventh of May One thousand six hundred fifty nine shall any way prejudice the right Title Interest or Possession of the said William Barker of in or to the same but that it shall and may be lawful to and for the said William Barker his Heirs or Assignes to enter into and take possession of all and singular the said lands and Tenements in the said Baronies or either of them whereof he was so in possession not Decreed away by the Commissioners for Execution of the said former Act and the same to have hold and enjoy to him the said William Barker his Heirs and Assignes and that the said William Barker and his heirs shall have like priviledge and advantage in retaining the possession of the Premisses and in retrenching the third part thereof or placing such deficiencies thereupon as are satisfiable by the Rules of this Act as any Adventurer or Souldier ought to have and that the Commissioners for Execution of this Act shall proceed to give such certificates thereof in order to the passing of Letters Patents as may be necessary for the finall Settlement of him the said William Barker his Heirs and Assignes in lieu and satisfaction of his purchase of Gilbert Marshall in as full and ample manner as he the said William Barker his Heirs or Assignes might have held and enjoyed the same if he the said William Barker had still continued in possession and as if no such Lease or Custodiam had ever been made or granted subject nevertheless to such Quitrents Services and Payments as other Adventurers in the said County of Limerick ought to pay and with like benefits and advantages as other adventurers ought to have by this Act any thing in the said Custodiam or in a certain clause for confirmation of the Patent granted to John Lord Kingston herein mentioned or any other matter or thing in this or the said former Act contained to the contrary notwithstanding And whereas it was provided by the said former Act that every of the Adventurers whose estates were to be confirmed should pay such summ or summs of money as the Committee of Adventurers sitting at Grocers-Hall London or any five or more of them should appoint not exceeding two pence for every twenty shillings adventured towards defraying of such publique charges as would conduce to the Settlement of that interest And whereas the same is to be levyed upon such persons as shall make default by distress and sale of their Goods The generality of such persons making default not liveing in this Kingdom the said provision hath been hitherto rendred very much fruitless Be it therefore Enacted by the Authority aforesaid That for better answering of those ends and raising the said summs the several persons hereafter named viz. Sir Charles Lloyd Baronet Sir Stephen White William Barker Esq _____ Gower Esq _____ Ridge Esq _____ Lenthall Esq _____ Radcliffe Edward Smith Esq or the Major part of them or the Survivors or Survivor of them be and are hereby Authorized to be Treasurers of the said moneyes and shall and may by Order under their hands and Seals levy or cause to be levyed any summ or summs of Money that the said Committee of Adventurers or any seaven or more of them shall think fit and appoint upon all and every the Adventurers for lands in Ireland their lands Tenements and Hereditaments Lessees Tenants or Assignes by distress and Sale of their Goods rendering the overplus to the owners which said Lessees Tenants or Assignes shall be discharged of and may retain so much of their Rents in their hands as the said sum to be levyed shall amount unto such sum or sums of money so to be levyed not exceeding two pence for every twenty shillings originally paid and adventured and that shall be satisfied in lands in this Kingdom Provided alwayes that neither this nor any thing herein contained shall extend to charge any person or persons with any summ or summs of Money that hath been paid to any person or persons upon the account of the two pence in the pound in the said former Act granted but that such person or persons who received the same are to stand and be chargeable with and accountable unto the said Treasurers for all the Money by him or them received and the said Treasurers are to take care to imploy persons of integrity and trust for levying and collecting the said summs under very good security for whom they will answer and not to dispose of any summ or summs without order from the said Committee or any seaven or more of them to whom alone they are hereby made accountable And be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizal restore unto Sir Henry O Neil his Heirs and Assignes all and singular the lands Tenements and Hereditaments in the County of Antrim whereof the said Henry O Neil or any other person in trust for him or to his use were or ought to have been seized or possest upon the two and twentieth day of October One thousand six hundred forty one and that after such restitution in lieu and satisfaction thereof the said Commissioners do likewise with all convenient speed set out and allot or cause to be set out and allotted unto John Lord Vice-count Massareen his Heirs and Assignes so much other forfeited lands as may be of equal value worth and purchase to the lands so as aforesaid to be restored out of the lands in the County of Lowth or if there shall not be found sufficient in that County then out of other lands to be disposed of by this Act and that such further satisfaction be given the said Lord Massareen and his Heirs as is appointed by the said former Act and will stand with the rules of this Act so that the said lands may as neer as may be lye contiguous And that like effectual Letters Patents be
to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act do forthwith restore to John Talbot of Malahyde all and singular the Lands Tenements and Hereditaments in the County of Dublin which he the said John Talbot held and enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since such person or persons who purchased the same of and from Susanna Bastwick or her children or their Assignes being first satisfied out of the forfeited lands undisposed by this Act by an allotment of so many profitable Acres as may be equal in value worth and purchase to the lands so to be restored and after such restitution so made as aforesaid the said John Talbot shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so restored but subject to Quit rents any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir George Harbert of Dorrow in the Kings County Knight and Baronet shall by the Commissioners for Execution of this Act be forthwith restored unto and placed in the present and actual possession of all and singular the Lands Tenements and all other Hereditaments right title and interest whatsoever in the said Kingdome of Ireland which he the said Sir George Harbert or his Vncle Sir Jasper Harbert deceased or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth of October One thousand six hundred forty one or at any time since the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid shall hold and enjoy all and singular the Lands Tenements and Hereditaments so to be restored unto him and his Heirs by such tenures rents and services and no other tenures in Capite or by Knights service excepted as the same were held by on the said two and twentieth day of October One thousand six hundred forty one any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir Henry Tichborne Knight shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments which were set forth unto him in recompense and satisfaction of money and other provisions by him furnished for reliefe of the Army in Ireland between the years One thousand six hundred forty one One thousand six hundred forty three which have not been Decreed away by the Commissioners for Execution of the said former Act And that the Commissioners for Execution of this present Act shall out of the forfeited Lands which shall remain undisposed by this Act to Adventurers or Souldiers set out and allot unto the said Sir Henry Tichborne so many Acres of profitable land as may be equall in quantity to the lands so Decreed away to be held and enjoyed by the said Sir Henry Tichborne and his Heirs and that like effectuall Letters Patents shall be thereof granted any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed set out and allot unto Mabell Countess Dowager of Fingall so much lands as shall be of like yearly value as the lands which she the said Countess Dowager of Fingall formerly held or ought to have held for her joincture to be held and enjoyed by her the said Countess Dowager of Fingall for and during the term of her life any thing herein before contained to the contrary notwithstanding And whereas Samuel Avery late of London Alderman was in his life time an Adventurer for Lands in Ireland and did subscribe and pay in the sum of eleaven hundred pounds or thereabouts The satisfaction of which Adventure was afterwards set out and allotted unto him the said Samuel Avery in the Barony of Conello and County of Limerick who notwithstanding such allotment quitted the possession of his own lot entred upon the lot of Sir Charles Lloyd Baronet another Adventurer satisfied in part within the same Barony of Conello which lot continued in the possession of the said Samuel Avery his Heirs and Assignes until the same was lately restored unto the said Sir Charles Lloyd And whereas the said Samuel Avery did also in his life time contract and agree with the late Vsurpers in England for the Farm or Receipt of certain customs or impositions upon merchandize exported or imported then and there usually paid And upon such his contract and undertaking became indebted and stood charged and chargeable with the summ of Tenn thousand pounds or thereabouts as in and by the Records thereof remaining in the Court of Exchequer in England more fully appears which said Debt and duty stands excepted out of the Act of Parliament passed in England entitled An Act of Free and generall pardon Indemnity and Oblivion and remains vested in his Majestie and is still unsatisfied no lands or Tenements Goods or Chattells of the said Samuel Avery whereupon the said Debt might be levyed being to be found in England and the whole Adventure of the said Samuel Avery and the lands therefore set out in the said Barony of Conello although no defalcation thereof be made are too little to satisfie the said Debt so long behind and unpaid To the end therefore that full satisfaction may be made unto his Majestie for his said Debt as farr as by the said Adventure is possible Be it Enacted by the Authority aforesaid That all and singular the lands Tenements and Hereditaments in the Barony of Conello set out and allotted unto the said Samuel Avery as aforesaid not already Decreed away by the Commissioners for Execution of the said former Act into whose hands soever the same be come by any right or title derived by from or under the said Samuel Avery his Heirs or Assignes shall remain and continue vested in his Majestie his Heirs and Successors in satisfaction and discharge of the said Debt and if any part of the said lands have been Decreed away by the Commissioners for Execution of the said former Act The Commissioners for Execution of this Act shall forthwith Assigne unto his Majestie by Deed under their hands and Seales to be enrolled in Chancery so much more as may be equal in quantity and number of Acres to the lands so decreed away which lands so
assigned shall be and are hereby vested in his Majestie his Heirs and Successors and discharged of the uses or trusts in this or the said former Act expressed any thing in this or the said former Act or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the fifty four persons herein after named That is to say The Earl of Westmeath the Lord Vice-count Ikerryn The Lord Baron of Dunboyne The Lord Baron of Trymletstown The Lord Baron of Upper-Ossory The Lord Bermingham Baron of Athunry Colonel Richard Butler Sir Richard Barnwell Baronet Sir Redmund Everard Baronet Sir Dermott O Shagnussey Knight Master Edmund Fitz Gerald of Balymalo Master Thomas Butler of Killcomell Master _____ Macnemarra of Crevagh Master David Power of Kibolane Master Donnogh O Callaghan of Clonmeen Master Barnard Talbott of Rathdown Conly Geoghegan of Donore who were mentioned amongst the thirty eight persons in his Majesties late Gracious Declaration and were restored after reprizalls set out and for whom no provision hath yet been made and also the Heirs of Sir Lucas Dillon Knight the Heirs of Sir Valentine Blake Baronet Sir Robert Talbott Knight Sir Richard Blake Knight Doctor Gerrard Fennell Geoffry Browne John Browne of the Neale John walsh Thomas Terrill Edmund Dillon Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourke of Derry-Maclaghney Thomas Arthur Esq Doctor in Physick Gerald Fleming of Castle-Fleming and Bartholemew Stackpoole Esquires who were also mentioned in the said former Act to be restored to their former estates as aforesaid and for whom no provision hath yet been made And also the Lord Baron of Brittas Master Tute Sonn to Andrew Boy Tute of Cullanmore in the County of Westmeath Esq Master _____ Walsh Heir of David Walsh of Bally-Beaghan in the County of Tipperary Esq Sir Edmund Bourke Baronet Sonn to Sir Vlick Bourke of Giusk in the County of Roscomon Baronet Deceased Sir Thomas Esmond Baronet Sir Lucas Dowdall Knight Sonn of Lawrence Dowdall of Athlumney in the County of Meath Esq Master _____ Walsh Heir of Walter Walsh of Castle Hoyle in the County of Kilkenny Esq Edward Wall of Ballinikill in the County of Catherlagh Esq Master _____ Butler Sonn of Theobald Butler Sonn of James Butler of Derry-Luscan in the County of Tipperary Esq James Tobyn of Killaghee in the County of Tipperary Esq Richard Butler of Ballinikill in the County of Tipperary Esq Philip Purcell of Ballyfoyle in the County of Kilkenny Esq Sir Edmund Fitz Gerald of Clanlish in the County of Limerick Baronet Peirce Walsh of Abbey Owhney in the County of Limerick Esq John Power of Doneile in the County of Waterford Esq Peirce Power of Money Largy in the County of Waterford Esquire William Brabazon the Heir of Anthony Brabazon of Balinaslo in the County of Roscomon Esq Daniel O Brien of Dnogh in the County of Clare Esq Lord Vice-count Iveagh Sir Edward Fitz Harris of Clogh-Notefoy in the County of Limerick Baronet John Cantwell of Mokarky in the County of Tipperary Esq and their Heirs and Assignes shall by the Commissioners for Execution of this Act be restored unto their severall and respective principall Seats That is to say unto their severall and respective principal Messuages Houses or Castles Kilmedan and the lands thereunto belonging excepted or in case they have severall Messuages Houses or Castles to such of their severall messuages Houses or Castles Kilmedan and the land thereunto belonging excepted as they shall respectively choose within two months after the first sitting of the Commissioners for Execution of this Act and unto two thousand acres of land thereunto adjoyning if they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their or any of their use were seized or possessed of so much upon the two and twentieth of October One thousand six hundred forty one and were thereunto lawfully and rightfully intitled And in case they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their use were not seized or possessed upon the two and twentieth of October One thousand six hundred forty one of two thousand acres as aforesaid then unto so much thereof as they were seized or possessed of as aforesaid and which lyes contiguous to their respective principall Seats and if any of the four and fifty Persons herein before named shall be found to be in possession of any messuage and lands thereunto adjoyning which to them or any of them did rightfully belong upon the said two and twentieth day of October One thousand six hundred forty one and the lands so possessed shall be found to exceed the quantity of two thousand acres it shall and may be lawfull to and for the Lord Lieutenant or other Cheif Governour or Governours of Ireland and Councill there for the time being to cause so much thereof as shall exceed the quantity of two thousand acres to be retrenched and cut off in such way and manner as they shall think fit and the land so retrencht shall remain and be vested in His Majestie to the end that the same may be further disposed to the uses of this Act And for the better support of such of the four and fifty Persons herein before named who shall not have two thousand acres near adjoyning and lying contiguous unto his and their respective Seats to which they are to be restored or having two thousand acres shall not be thought to be thereby sufficiently provided for It is further declared and Enacted That it shall and may be lawfull to and for the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there for the time being upon due consideration had of the several and respective cases and merits of the persons aforesaid to direct and appoint the Commissioners for Execution of this Act to set out and allot or cause to be set out and allotted unto any of the persons aforesaid or their Heirs so much of the forfeited lands which shall remain undisposed after the several Protestant interests herein before provided for shall be satisfied as the said Lord Lieutenant or other Chief Governour or Governours Council shall think fit Provided alwayes That nothing herein contained shall extend to restore or intitle the said Sir Thomas Esmond Baronet to the possession of any Messuages Mannors lands Tenements or Hereditaments whereof George Duke of Albemarle is now in possession by himself or his under-tenants or any wayes intitled thereunto but that the same shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assignes any thing herein before contained to the contrary in any wise notwithstanding Provided also That if any person or persons shall within the space of six monthes next after the Royal assent to this Bill actually given alleage before the
Hugh Earl of Mount-Alexander and his Hiers with benefit of reprizal in case of restitution as Adventurers by the said former Act ought to have had as in and by the said former Act more at large appears since which time the Commissioners for execution of the said former Act have by their Decree adjudged James Allen to be innocent and restored the said Lands to the said James Allen and his Heirs against which Decree an appeal was made to His Majestie by a Petition exhibited by William Montgomery Esq on the behalf of the now Earl of Mount-Alexander an Infant Sonn Heir of Hugh late Earl of Mount-Alexander on hearing of which case and on the defence made by Colonel Richard Talbot to whom part of the lands restored by the said Decree were for good and valuable considerations and by sufficient assurances in Law legally conveyed by the said James Allen His Majestie thought not fit to alter the said Decree or weaken any of the said assurances His Majestie is therefore graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot or cause to be set out and allotted unto the now Earl of Mount-Alexander his Heirs and Assignes so much other undisposed forfeited lands as may be equal in quantity of acres unto two full third parts of the lands so evicted and recovered by Decree as aforesaid and that Letters Patents shall be thereof passed in like manner and shall be of like effect as any other Letters Patents granted by virtue of this Act are or ought to be And whereas in and by certain Letters Patents passed under the Great Seal of Ireland and bearing date the Seaventh day of March in the twelfth year of the Raign of His Majesties Royal Father the Territories and precinct of Feartry in the County of Wicklow and certain other Mannors lands and Tenements in the said Letters Patents contained were thereby given and granted unto Sir John Coke knight and his Heirs his late Majesties principal Secretary of Estate And whereas Thomas Coke late of Grayes-Inn in the County of Middlesex His Majesties Sollicitor Generall sonn of the said Sir John Cooke Deceased was in his life time lawfully seized of or otherwise intitled unto the said Territory and precinct of Feartry and other the lands and Tenements in the said Letters Patents contained the Inheritance whereof after the Death of the said Thomas Coke Deceased did descend and come or of right ought to have descended and came unto _____ Coke an infant onely Sonn and Heir of the said Thomas Coke Deceased Be it therefore Enacted by the Authority aforesaid That no sequestration or allotment of any of the lands or Tenements in the said Letters Patents contained to any Adventurer or Souldier shall any way Barr or weaken the right or title of him the said _____ Coke in or the said lands or Tenements but that he the said _____ Coke shall and may hold enjoy the same to him and his Heirs according to the tenor and effect of the said Letters Patents any thing in this or the said former Act contained to the contrary notwithstanding And whereas in this and the said former Act great care is taken of the relict and Heirs of Sir Simon Harcourt Knight Deceased upon whom his Majesties Royall Father did by Letters under his Privie Signet appoint that lands of the value of four hundred pounds per annum to be taken out of the forfeited estate of Luke Nettervill should be settled part of which estate together with certain Houses in Dublin were set out accordingly and the relict and Heirs of Sir Simon Harcourt thereof possessed at the time of His Majesties late Gracious Declaration and so still are which lands and Houses together are as is alleaged still short of the value of four hundred pounds per annum intended to be settled as aforesaid It is therefore Explained and Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Philip Harcourt Knight son and heir of Sir Simon Harcourt Knight to hold and enjoy to him and his heirs the houses in the City of Dublin so as aforesaid set out and possessed so as the houses and lands together do not exceed the value of Four hundred pounds per annum Any thing in this or the said former Act contained to the contrary notwithstanding And whereas Thomas Cunningham and Captain Lewis Dick in the year One thousand six hundred forty two pretended to have performed acceptable services against the then Rebels in Ireland by hindering provision coming to them by Sea and by relieving the English Garrisons which were in distress wherein they so far gained belief as that they obtained from the Treasurer for the Irish Adventurers and acknowledgement that they paid in Seven thousand pounds as money adventured and for which they likewise had a certificate from the Committee of Adventurers sitting at Grocers-Hall in London And howbeit the said Thomas Cunningham or Captain Lewis Dick never did any service on the coast of Ireland according to the said undertaking nor paid in any money as other Adventurers did yet by colour of the said certificate there were set out for the said Seven thousand pounds the number of fifteen thousand five hundred fifty and five acres of Land in the County of Tipperary and Limerick whereof they the said Thomas Cunningham and Captain Lewis Dick or their Assigns were possessed the seventh of May One thousand six hundred fifty nine Now least by the general rule of the present settlement the said number of acres or two third parts thereof so unduly obtained as aforesaid should be secured to the said Thomas Cunningham and Captain Lewis Dick or their Assigns His Majestie is graciously pleased that it be Enacted and be it Enacted by the Authority aforesaid That the said fifteen thousand five hundred fifty five acres so set out as aforesaid for and on pretence of the said Seven thousand pounds shall be remain and continue and are hereby vested in his Majestie His Heirs and Successors for ever Provided nevertheless That if the said Thomas Cunningham and Captain Lewis Dick their Heirs or Assigns shall within two months after the Royal Assent shall be actually given to this present Bill make it appear by full and clear proof before the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland that the said Adventure money of Seven thousand pounds was really and bona fide issued and paid in pursuant to the several Acts made by His late Sacred Majestie for reducing the Rebels of Ireland then they shall have the like benefit and advantage by the said Adventure and out of the said fifteen thousand five hundred fifty five acres as other Adventurers are to have by virtue of this present Act. Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours
or thing in this or the said former Act contained to the contrary notwithstanding Whereas by a Decree of the late Court of Claims Patrick Coleclough was restored to an Estate in the County of Wexford in Remainder after the death of Dudley his Father part of which was by a clause in the said former Act vested in Robert Clayton John Morris in trust for Sir John Cutler and others in the said Act mentioned had before that time been purchased from Souldiers or other reprizable persons in order to the erecting of Iron workes which have since accordingly been erected and are of publicque benefit to this Nation the increase of His Majesties revenue if the said Decrees should remain in full force the said advantages might be lost for the preservation thereof It is therefore Enacted be it enacted by this Parliament that the said John Morris Robert Clayton shall may have hold enjoy such part of the lands contained in the said Patrick Colcloughs Decree as they were formerly seized of against the said Patrick and Dudley and their Heirs and against the said Decree made as aforesaid And it is further Enacted that in lieu and compensation thereof the said Patrick Colclough shall have the full benefit of the reprizall due to the said John Morris and Robert Clayton upon the said Decree And that untill the said reprizalls shall be set out that the said lands hereby settled on the said John Morris Robert Clayton shall be chargeable and are hereby charged with the annual Rent of One hundred pounds payable yearly on the first dayes of May and November and made lyable to the distress of the said Patrick upon non payment thereof at the said dayes of payment And that as soon as the said reprizalls shall be set out as aforesaid the said yearly Rent shall cease and absolutely determine And to the end that the said Iron workes may be kept up It is likewise Enacted that if the said former or ancient proprietor or his Heir of any the lands whereof the said John Morris and Robert Clayton are now seized in the said County of Wexford shall be or is by this Act restored to his estate then and in such case the said John Morris and Robert Clayton and their Heirs shall notwithstanding have hold and enjoy such part of the said former Proprietors estate as they now stand seized of And the said Proprietor for so much is elsewhere to be reprized any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding Whereas His Majestie by severall Letters Patents under His Great Seal of Ireland whereof one patent was dated the sixteenth February One thousand six hundred and sixty in the thirteenth year of His Majesties Raign the other dated the tenth day of July One thousand six hundred sixty and three in the fifteenth year of His Majesties Raign did amongst other things give grant and confirm or mentioned or intended to give grant and confirm unto Sir George Lane Knight and his Heirs all the Castles Mannors Houses lands Tenements and Hereditaments and other interest whatsoever which Philip Hore late of Kilsalchan attainted of High Treason was seized or possessed of at the time of his said attainder since which time two severall Decrees have been made in the late Court of Claimes in this kingdom to the prejudice of the said Grants one at the suite of the Sonn and Daughters of the said Philip Hore attainted for portions and the other at the suite of the Sonns of Philip Hore the younger Sonn to the said Philip attainted for severall remainders which Decrees were upon a petition exhibited to His Majestie by the said Sir George Lane questioned and on hearing of the cause it was ordered that the said Sir George Lane should be at liberty to impugne the said Decrees by any matter in fact or Law that he could object against them whereupon the said Philip Hore the younger who made defence in the said cause before His Majestie and the said Sir George Lane did mutually agree for avoiding of all future differences touching that matter that all the said estate and interest should be divided and a share thereof settled on the said Sir George Lane and his Heirs for quitting his whole pretense and right to that estate and the remain thereof settled on the said Philip Hore the younger and his Heirs for all his pretenses and the pretenses likewise of his Brothers Sisters and children to that estate which agreement the said parties did by their joint Petition humbly desire to be established by severall provisoes in this Act whereupon His Majesties was graciously pleased that it should be Enacted by the Authority aforesaid And it is hereby Enacted that the said severall Decrees be and are hereby made null and void as if there had never been any such And that the said Sir George Lane shall be and is hereby restored unto settled confirmed and established in the present and actual seizin and possession of the mannor Castle Town and lands of Kilsalchan with a wind-mill and six messuages containing by estimation three hundred acres of land be it more or less within the County of Dublin with a Court Leet and Court Baron to be held within the said Mannor of Kilsalchan the meadow called the Lords mead in the Feilds of Stradbally a messuage ten acres of land in Stradbally aforesaid in the Feilds thereof next adjoyning to the Lords mead aforesaid and all other the said Philip Hores lands in Stradbally aforesaid now or late in the tenure or possession of John Murphy John Quin and Walter Ryan or one of them one Messuage and forty acres of land with the appurtenances in Swords one Messuage and five acres of Land in Rolls Towns two Messuages one Pigeon House one hundred acres of land ten acres of meadow and ten acres of pasture with the appurtenances in Ardlaw nine Messuages nine Gardens and one hundred acres of land with the appurtenances in Stradbally commonly called Bealings Land in Stradbally the village Hamlet and Lands of Great Kingston with the appurtenances containing by estimation one Messuage and fourscore acres of land two houses with Gardens and a Park or Orchard commonly called Pond-Park to them belonging in Newstreet in the Suburbs of the City of Dublin one Close or Park commonly called Barries-Park without Bongans Gate all lying and being in the Parish of St. Nicholas Barony of Uppercross and County of Dublin fifty shillings yearly rent issuing out of the Mannor of Westpalstown nine pence chief rent out of the lands of Criuserath nine pence chief rent out of the lands of Knightfield and thirteen shillings and four pence chief rent out of Dowdes land Bealings land and Talbots land in Stradbally aforesaid the Town and lands of Paslockes-Town and Maces-Town in the aforesaid County the Town and lands of Kilmore in the Barony of Coolook and County aforesaid by virtue
of a Mortgage from one Christopher Nugent of Robins-Town in consideration of Fourteen hundred pounds All which Lands Tenements Hereditaments and Chief Rents are situate lying and being within the County of Dublin aforesaid And also of three Messuages two stables one piece of waste ground one Garden and other Edifices neer the said stable in the Parish of St. Bridget sometimes in the possession of William Badger or his Vnder-tenants within the County of the City of Dublin and Suburbs or Liberties thereof two Messuages with the appurtenances in Oxmantown in the Parish of St. Michans sometimes in the possession of Peter Decoster one Brick house three Messuages covered with straw in Oxmantown aforesaid which Patrick Martin and Peter Decoster sometimes held one Messuage or Tenement in Mary Lane in Oxmantown aforesaid which James Lewesly sometimes held one stated Messuage and one stable in Pill Lane in Oxmantown which the aforesaid James Lewesly sometimes held one Brick house with the appurtenances in Pill Lane in Oxmantown sometimes in the possession of Margaret Lewesly deceased one other Brick house and garden two several Cottages upon Cock-Hill neer St. Mary Abbey which John Fisher Taylor formerly held one Messuage with the appurtenances in Mary Lane in Oxmantown sometimes in the possession of John Arundell one Messuage with the appurtenances in Mary Lane aforesaid sometimes in the possession of Barbara Bath two Messuages with the appurtenances in Pill Lane in Oxmantown which Edward May deceased sometimes held one shop or room in Highstreet under the house wherein Robert Dowling formerly lived which shop was held by John Jourdan one thatch't house or messuage with the appurtenances in St. Mary Abbey in the Parish of St. Michans which John Hore sometimes held a messuage with the appurtenances in Highstreet in the Parish of St. Michaels sometimes in the possession of Richard Barry of Dublin Alderman one piece of waste land in Bull Lane in Oxmantown formerly in the possession of John Moor Merchant one piece of waste ground whereon two messuages were built in St. Francis Street formerly in the possession of William Lock one messuage or tenement with one garden and the appurtenances in Oxmantown neer Fishers Lane in the possession of George Carleton Esquire one garden or waste plot of ground in Cookstreet in the Parish of St. Audeons upon which are now houses built by one Robert Eustace and now in the possession of Bryan Jones Esquire one messuage or tenement with the appurtenances on the Merchant Key in the Parish of St. Audeons sometimes in the possession of John James and others which the said Philip Hore held from Christopher Chilham of Drogheda Merchant for certain years yet to come yielding thereout yearly to the said Christopher and his heirs nine pounds sterling at the Feasts of Easter and St. Michael the Archangel which rent the said Christopher did mortgage unto the said Philip for ninety pounds sterling one piece of ground called the Bean Yard in Oxmantown in the Parish of St. Michans late in the possession of Sir Anthony Morgan Knight one house on the Pavement in Oxmantown aforesaid leading to Youngs Castle sometimes in the possession of Walter Scanlan all which houses tenements and premisses are situate lying and being within the City and County of the City of Dublin or in the County of the City of Dublin or in the Suburbs or liberties thereof together with all other the houses lands tenements and and interest formerly belonging or in any ways appertaining to the said Philip Hore within the said City and County of the City of Dublin the Suburbs and Liberties thereof And also the Town and lands of Bulls Town the Town and lands of Clatters Town with a Water-Mill and Pigeon-House and part of the Town and Lands of Cales Town the Towns and Lands of Bewtown and Swines-Deane all lying and being in the County of Meath And all other the lands tenements and hereditaments formerly belonging or appertaining to the said Philip Hore in the said County of Meath And that he the said Sir George Lane his Heirs Executors or Administrators respectively shall have hold possess and enjoy all and singular the premisses with all the rights members and appurtenances Rents Issues and Profits and all other advantages whatsoever to them and every of them belonging or appertaining to the use of him the said Sir George Lane his Heirs Executors Administrators and Assigns respectively subject to such rents and services as the same are lyable unto by this Act And the said several and respective Letters Patents as to all things therein contained and not herein after changed or altered shall be and are hereby ratified and confirmed Any thing in this present Act or any other former Act cause matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Philip Hore the son shall be and is hereby restored to his blood and shall and may derive his pedigree and descent from all and every of his Ancestors lineal and collateral other than as to the premisses so settled on the said Sir George Lane as aforesaid And that he the said Philip Hore shall be and is hereby restored unto settled confirmed and established in the actual and present Seizin and possession of the Town and lands of Castleknock and Irishtown with a Mill and Salmon Wyer thereunto belonging on the Liffy Hartstown Stahenny Castle-Curragh alias Curragh Ballidowde Rickinhead Balliboggan Lusk alias Lusks Land Rath Lucastown The Logh alias Loghes Hill alias Bullogs Land the Rath of Killosery alias Ashborn-Rath two Watermills in the Town of Killosery with three acres of land thereunto belonging Blackhall containing sixty acres lying in the Parish of Killosery Beauford with twenty acres thereunto adjoyning late in the tenure of Walter Ryan and John Ryan and now leased by the said Philip Hore to Richard _____ Shoomaker Correstowne sixty acres Coolcoigh Dunmucky and the twenty acres alias Thornetown Chappell Middway one shilling chief rent out of Killmartin eight pence chief rent out of Ashtowne in the County of Dublin as also shall be and is hereby restored unto settled confirmed and established in the actuall and present seizin and possession of one Burgage in St. Maryes Parish in the town of Wexford one toft called Allens Walls in St. Peters Parish in the said Town of Wexford one wast messuage and fifteen acres of land called Farrans Town alias Lackans land in Taghmon The Mannors of Skallrish alias Ballimaskalrish and Kildowan containing the Castle Town and lands of Drinagh Ablinstown Stapolestown Doumshtown Mil-town Whits-town Levets-town Rows-town Kellis-town Synotts-town in Great Killian twenty Acres in Whits-town called Morrisgate Forty acres in Jacketts-town little Ballifenock Morrens-town Gurtchynininog Quoans-town Polebreane Fardeles-town the Commons of Drynagh containing sixty five acres Bogganstown Carran in Carne containing two acres Cullentragh a plott of ground on the Castle Hills in Wexford Balleshellan Martells-Knock Graigshallagh little Johnstown The Dirr Youngestown
Harviestown and the mill thereunto belonging PoleHore Bolgerstown and Muchy-wood and Mullindery with the appurtenances all lying and being in the County of Wexford And that he the said Philip Hore shall have hold possess and enjoy all and singular the premisses to him and his Heirs against the Kings Majestie his Heirs and Successors and against the said Sir George Lane and his Heirs and all claiming by from or under them or any of them by virtue of this or the said former Act with all the rights members and appurtenances Rents issues and profits and all other advantages whatsoever to them and every of them belonging and appertaining to the use of him the said Philip Hore his Heirs Executors and Administrators respectively for ever Subject unto such rents and services as the same are lyable unto by this Act This present Act or any other Act Law Statute Ordinance Order Grant Decree Outlawry Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other clause matter or thing to the contrary notwithstanding His Majestie having taken to his Princely consideration the many faithfull and acceptable services of Sir George Hamilton Knight performed aswell to his late Majestie of Glorious Memory as to himself in the Warrs of Ireland and that in severall qualities as Captain of Horse Colonel and Captain of Foot Governour of the Castle of Nenach and other capacities for which there were arrears to great value accrued to the said Sir George Hamilton before and after the fifth of June One thousand six hundred forty nine which though not stated are by agreement and consent between him and other the Commissioned Officers and Trustees serving in Ireland before that time reduced to five thousand pounds sterling Be it therefore Enacted by the Authority aforesaid That the said Sir George Hamilton shall in full satisfaction of all personal arrears due unto him for his service in Ireland in the several imployments he had there before and after the said fifth day of June One thousand six hundred forty nine be satisfied the summ of five thousand pounds sterling out of the security set a part and designed by this and the said former Act for satisfaction of the arrears of such Commissioned Officers as served His Majestie or his said Royal Father in the Warrs of Ireland at any time before or after the fifth of June One thousand six hundred forty nine in such manner as by the said agreement is directed this Act or any other Act or matter to the contrary notwithstanding Provided Alwayes and be it Enacted by the Authority aforesaid That where any lands Tenements or Hereditaments which were seized sequestred or set apart upon account of the late Rebellion or Warr have been given and granted by any particular clause or provision in the said former Act mentioned or by any Letters Patents under the Great Seal of England or under the Great Seal of Ireland to any person or persons whose estates therein were confirmed by the said former Act or are confirmed by this present Act and whereof a third part hath not been already evicted by some Decrees herein confirmed the lands granted to his Royal Highness James Duke of York George Duke of Albemarle Arthur Earl of Anglesey Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloony Charles late Earl of Falmouth Theobald Earl of Carlingford Henry Lord Arlington John Lord Kingston Chidley Coot and Thomas Coot Esquires the relict and Heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cook Sir William Pen Sir Theophilus Jones Sir George Ayscough the Orphans of Colonel Owen O Conell Sir George Rawdon Baronet Sir George Lane Edward Vernon Esq Erasmus Smith Esq and the lands conveyed or mentioned to be conveyed by John Parker to certain Trustees for pious uses which Trustees are hereby made responsible to the Lord Lieutenant or other Chief Governour and Governours and Council there for the time being touching the execution and performance of the said Charity and the lands granted to any person or persons in satisfaction of arrears due for service done in Ireland or in satisfaction of any debt owing to them for provisions for the Army or Navy in Ireland and the lands which by the said former Act are restored to former Proprietors onely excepted That there and in such cases the said Provisoes Clauses Grants and Letters Patents shall be understood and so are hereby declared to be good and valid for no more than two full third parts of the Lands Tenements and Hereditaments therein mentioned and thereby granted and as to one third part of the Lands Tenements and Hereditaments therein contained shall be and so are hereby declared to be null and void Any thing in the said Provisoes Clauses Letters Patents or in the said former Act or in this present Act contained to the contrary notwithstanding Nevertheless such Grantees and all those who claim under them shall have like liberty of Retrenchment and in like manner and form as Adventurers and Souldiers are to have by the rules of this Act and the third part so as aforesaid to be retrencht shall remain and be vested in His Majestie His Heirs and Successors to be disposed and applyed to such uses as other forfeited lands by this Act ought to be Any thing herein before contained to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That out of all the Lands which have been decreed to any Irish Papist Popish Recusant or Roman Catholick by virtue of any Decrees not grounded upon some particular Proviso in the said former Act and made by the Commissioners for execution of the said former Act after the second day of July in the year of our Lord One thousand six hundred sixty three and herein confirmed one years rent according to the values the same were let at in the year One thousand six hundred fifty nine over and above all other the rents and payments by this Act imposed or made levyable shall be raised and levyed and paid unto the Receivers herein after mentioned by two even and equal payments the first payment thereof to begin upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and seven and the second payment thereof to be upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and eight under the penalty following That is to say every person lyable to the payment of any part of the said years rent and making default and failing to pay the same by the space of twenty days next after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levyed by Process out of His Majesties Court of Exchequer in like manner as any other the rents herein before
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