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A45975 An act for the better execution of His Majesties gracious declaration for the settlement of his kingdome of Ireland and satisfaction of the several interests of adventurers, souldiers, and other His Majesties subjects there.; Public General Acts. 1662. 14 & 15 Car.II Session 3 c.2 Ireland.; England and Wales. Sovereign (1660-1685 : Charles II). 1662 (1662) Wing I309A; ESTC R223687 110,568 130

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give unto them others for the remaining part not satisfied the which Debentures so delivered upon the said Purchase shall at the making of the Contract be fairly entred in books for that purpose to be kept And if any such Purchaser or Purchasers shall fail so to deliver up Debentures according to his Purchase as aforesaid such Sale or Purchase shall not be good or allowed unto such Purchaser or Purchasers nor such Officers Debentures admitted in any other Purchase Provided alwayes That where any Purchaser shall purchase with Money he shall pay down one fifth part of the Money at the making the said Contract and the remaining part within Eight and twenty dayes and failing of the said payment within Eight and twenty dayes he shall forfeit the said Fifth part paid and the Purchase shall be void and the Money so paid in Purchase shall be towards satisfaction of the Arrears of the said Officers The said Purchase being fully perfected in manner as aforesaid you are to give unto such purchaser or purchasers a Certificate of the particulars thereof which Certificate such persons shall forthwith Record in Our Surveyor Generals Office whereupon Our Court of Exchequer shall forthwith grant an Order for the quiet possession of the Premisses For your more full information as well of the particulars aforesaid as in the Value Worth Quantity Quality Scituation of such Houses Lands Tenements and Hereditaments so to be sold you are to have recourse to the Surveyes taken of them and where you shall suspect such Surveys faulty you are to appoint fit persons to Re-survey and Certifie the same unto you Whereas the Corporation of Bandon-Bridge having formerly issued several sums of Money and Provisions for the Pay and Support of the Army in Ireland to whom in consideration of the said Moneys and Provisions Lands have been assigned and set out upon the Receipt of which Lands they have delivered up their Vouchers you are therefore to examine what Lands have been assigned and set out to them and to settle so much thereof upon the said Corporation as shall amount unto the clear yearly value of One hundred pound by the year You are also to take care that the Lands set out to Susanna Bastick and her Children be accordingly confirmed to them And whereas We have by Our said Declaration assigned the benefit arising from the Redemption of Mortgages Statute Staples and Iudgements where the Lands are not already disposed of to Adventurers or Souldiers for and towards the satisfaction of such Officers who received no satisfaction for their Arrears before the Fifth day of June One thousand Six hundred Forty nine you are therein to observe these following Directions You are to have recourse to the Records of the late Court of Claimes and Our Court of Exchequer or other Courts the better to ascertain your knowledge what Lands were so incumbred as also if you shall see cause you are to make inquiry in all places within Our Kingdom of Ireland for the Discovery of such Mortgages Statute Staples Iudgments and other Incumbrances And after such particular knowledge of the premises obtained on the remaining term you are to make a just Estimate according to the Rates currant of what the Fee-simple of such Lands Tenements and Hereditaments lying under the said Incumbrances are worth alwayes deducting the Moneys to be paid in order to discharge the said Incumbrance and the same particularly and distinctly to enter into one or more Books fitted for that purpose and if the person Entituled to the Incumbrance will pay what the Land amounts to in value above the Moneys payable in discharge of the said Incumbrance then such person is to have the absolute Estate of the said Lands legally setled to him and his Heirs But if such person shall refuse to pay the said Over-plus then if any Officer interested in the said Security will purchase any part thereof he shall after discharge of the Incumbrance out of the common Stock of the said Security enjoy the same as far as his Debenture or so much thereof as he shall place thereupon shall reach And for such part of the benefit arising out of such Incumbred Lands which shall not be purchased by any Officer as aforesaid it shall be put to Sale and the Moneyes by such Sales shall be for the satisfaction as is in Our Declaration expressed And whereas We have assigned a years Rent and a year and a halfs Rent payable by the Souldiery in Ireland towards the satisfaction of such as in our said Declaration are expressed you are therefore to take care that the said Moneys and Rents be paid unto such persons as We shall particularly appoint to receive the same who are hereby Authorized and impowered from time to time by Proclamation or otherwise to cause publick notice to be given to the respective Adventurers Souldiers and others who are to pay the said moneys of the manner place for payment thereof And if any Adventurer Souldier or other person shall refuse or neglect to pay his or their moneys in way or manner and at the place so to be appointed the Lands Tenements and Hereditaments of such person so failing shall be seized into Our Hands and so continue for Security and Satisfaction of the said several Rents And the said Souldiers are to pay the said moneys unto such persons as We shall appoint to collect and receive the same who are to pay over the same unto Our Right Trusty and well Beloved Cousin and Councellour Arthur Lord Viscount Valentia Our Vice-Treasurer of that Our Kingdom who is hereby required to issue forth the same according to such Warrants or Orders as he shall from time to time receive from any five or more of You as aforesaid for and towards the Satisfaction of the aforesaid Arrears And to the end Our said Vice-Treasurer may know what sums of Money he is to receive all Acquittances given by those appointed to collect and receive as aforesaid are to be entered and signed by the several Officers of the Exchequer in the accustomed manner for Acquittances You are also from time to time to take a perfect Accompt from such persons so to be imployed of all the particular Receipts payments relating to the premisses which Accompts so taken are to be kept in a fair Book and returned into Our Court of Exchequer that so they may be ready to be produced for the Satisfaction of such as may be concerned therein Before you admit any Deventure of any Officer who hath Arrears satisfied since June One Thousand Six Hundred Forty Nine You shall satisfie such whose Arrears You shall state and such whose arrears are stated and have not received Satisfaction for their Service before or since June One Thousand Six Hundred Forty Nine twelve Shillings and six Pence in every Pound of their said arrears and then out of the remaining Security as far as it will extend you are to satisfie the remaining part of the arrears of
Our Lord God One Thousand Six hundred Forty One and out of which or any part thereof they or any of them through the fury and violence of the late times have been since dispossessed be forthwith restored setled and delivered into the quiet and peaceable possession of the respective Archbishops Bishops Deans Deans and Chapters and other Ecclesiastical person and persons and their Successors Saving to all and every person and persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successours of every of them other than such person and persons their Heirs Executors Administrators and Assignes who are not or shall not according to the Qualifications in this present Act be adjudged innocent Papists A liberty to implead sue for and recover by due course of Law any Right Title Claim and Interest which they or any of them lawfully have or of right ought to have in all or any part of the said restored Manors Lands Tenements and Rents any thing in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every Lease and Leases set or demised for any certain term of years yet unexpired by any Arch-Bishop Bishop Dean Dean and Chapter or other Ecclesiastical person or persons or their Successors in their politick capacity of any Lands Tenements or Hereditaments so unto them belonging or appertaining and that are by this present Act forfeited or vested in His Majesty that all and every such Land so forfeited and the remainder of the term of years yet to come and unexpired of such Lease or Leases shall be and are hereby given assigned assured and confirmed unto the respective Sees or Bodies Politick to whom the reversion after such Lease or Leases do or shall of right belong except and always reserved out of this Act the remainder of the term of years yet in being upon any such forfeited Lease or Leases of any of the Lands before mentioned or intended which lye within such parts of the Counties of Wickloe Longford Leitrim and Donegal and the of Mile-Line as are by this present Act assigned unto the Officers that served before the Fifth of June One thousand six hundred Forty nine they and their respective Executors Administrators and Assigns paying such Rents and performing such Covenants to the said respective Sees Reversioners as the several Lessees in such respective Leases paid or ought to have paid in the year One thousand six hundred forty one during their respective terms unexpired excepting also all forfeited Leases that exceeded the term of sixty years of any Chauntry Lands or Houses lying within the security of the said Officers who served His late Majesty before the Fifth of June One thousand six hundred Forty nine and were not surrendred nor sentenced to be surrendred to the Church in or before the years One thousand six hundred Forty or One thousand six hundred Forty one the remainder of which term unexpired is to be esteemed as part of the security of the said Officers they paying and performing during the respective terms yet unexpired all such Rents and Duties unto the respective Sees or Churches from which those Leases were held as were paid or performed or ought to be paid and performed in the year One thousand six hundred Forty one or Two Shillings in the Pound at the Improved value to be ascertained as aforesaid at the Election of the Bishop of the Diocess And be it further Enacted by the Authority aforesaid That out of the Lands Tenements and Hereditaments belonging to any Arch-Bishop Bishop Dean Dean and Chapter or other Ecclesiastical person or persons or to his or their successors in their politick capacity which have been by them or any of them granted or conveyed in Fee-farm under the reservation of any Chief●y Rent or other Duty or service and by this Act are forfeited and vested in His Majesty his Heirs and Successors such a proportion of them be allotted and set out for the better Support and Maintenance of such Arch-Bishops and Bishops their and every of their Successors as are hereafter particularly named which shall be and are hereby given assured and confirmed unto them and every of them their and every of their successors for ever that is to say To the most Reverend Father in God James Lord Arch-Bishop of Dublin and his successors Arch-Bishops of Dublin for ever so much of the said forfeited lands as shall make up the Rent of that Arch-bishoprick and the Bishoprick of Glendelough thereunto united of the clear yearly value of Two thousand Pounds Sterling over and above the Mansion House and Gardens of Sepulchers in and near Dublin and Demeasne Lands of the Manor of Tallaght and the Mensal lands thereunto belonging To the right Reverend Father in God Thomas Lord Arch-Bishop of Cashel and his successors for ever Three hundred Pounds Sterling per annum To Thomas Lord Bishop of Kildare and his successors for ever Seven hundred Pounds Sterling per annum To William Lord Bishop of Clonfert and his successors for ever Two hundred Pounds Sterling per annum To Robert Lord Bishop of Fern and Loghlin and his successors for ever Three hundred Pounds Sterling per annum To Edward Lord Bishop of Limrick and his successors for ever Three hundred Pounds Sterling per annum To Griffith Lord Bishop of Ossory Four hundred Pounds Sterling per annum To Edward Lord Bishop of Killalow and his successors for ever Two hundred Pounds Sterling per annum And to the Provost of Trinity Colledge near Dublin out of the forfeited lands in the Arch-Bishoprick of Dublin and to his successors for ever the sum of Three hundred Pounds per annum And be it also further Declared and Enacted That if in every of the said Arch-Bishopricks and Bishopricks there be of the said forfeited lands sufficient to set out to every such Arch-Bishop and Bishop their respective proportions of lands within their own Bishopricks that then it shall be so set forth unto them and if there be not sufficient therein that then such Arch-Bishoprick and Bishoprick as is deficient shall have so much lands more set out and allotted unto it out of the forfeited lands belonging to the Bishopricks that do superabound and which is most contiguous and convenient as will make up such deficiency in proportion to the values aforesaid And for the setting out of the said Lands with most conveniency to every Bishoprick as is aforesaid or Provostship and the valuation of them Be it also hereby Declared and Enacted That the same shall be performed and done in such way and manner as the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being shall prescribe and direct before any part of the said lands be otherwise disposed of And that out of all and every the said lands so to be set out the same Rent is and shall be reserved and payable to His Majesty as by this present Act is reserved
or any Clause in this Act That they shall have reprizal for the same in such manner as other persons are reprizable by this Act any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted That out of the several parcels of Land of and in Cloenogrha Lackleenagh Clenefore Capprogge and Cloonederage with their members and appurtenances in the County of Longford Lands to the clear yearly value of fifty Pounds per annum be setled upon and granted unto John Ferral Esq your Majesties Servant and his Heirs to be held in Capite and by the yearly Rent of Twenty shillings a year any Grant Clause matter or Thing herein contained to the contrary notwithstanding And forasmuch as Captain John Bartlet and Captain Thomas Bartlet have been eminently serviceable in and upon the Coast of Ireland to your Majesty and your Royal Father of blessed memory Be it further enacted by the Authority aforesaid That the said John Bartlet and the Heir of the said Thomas Bartlet their Heirs and Assigns be equally satisfied and paid whatsoever is due unto them or their Heirs or Assigns for their or either of their Disbursements in the said Service before the first day of June One Thousand Six Hundred Forty Nine according to such Accompts and stating thereof as shall be allowed by the Lord Lieutenant and Council of Ireland out of the Lands Houses and other the Security appointed or set apart for Satisfaction of the Commission-Officers that served in Our Kingdom of Ireland before the said Fifth day of June One Thousand Six Hundred Forty and Nine and in such manner as they or any of them are appointed to be satisfied and paid in or by his Majesties Gracious Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty or any Act or Acts made pursuant thereunto any thing herein before mentioned to the contrary notwithstanding Provided always and Be it Enacted That this Act or any thing therein contained shall not extend or be construed to extend to any Manors Castles Towns Villages Messuages Lands Tenements or Hereditaments which are or were of Sir Andrew Aylemer of Donnada in the County of Kiidare Knight and Baronet but that he the said Sir Andrew Aylemer his Heirs and Assigns shall and may have hold and enjoy all and every such Manors Castles Towns Villages Messuages Lands Tenements and Hereditaments whereof he was so seized or possessed the two and twentieth of October One Thousand Six Hundred Forty One according to such Right and Title therein as he or they respectively then had any thing in this Act contained to the contrary thereof notwithstanding Provided always and Be it Enacted by the Authority aforesaid That this Act or any thing or matter therein contained shall not extend to any Lands Tenements or Hereditaments whereof James Lord Audley Earl of Castle-Haven was seized or possest of in this Kingdom on the Two and Twentieth of October One Thousand Six Hundred Forty One nor to prejudice or avoid any Right Title or Interest that the said Earl his Heirs or Assigns had or might have to or in any Lands Tenements or Hereditaments in this Kingdom but that the said Earl his Heirs Executors or Assigns may be are hereby restored to all and singular such Lands Tenements and Hereditaments whereof he or they were lawfully seized or possest and that all and every person or persons their Heirs Executors or Assigns that have had all or any part of such Lands Tenements or Hereditaments set out unto them are hereby immediately to be removed and that such who shall be so removed and are justly capable of Reprize be Reprized as others in like cases are to be reprized any thing in this Act to the contrary notwithstanding And Be it further Enacted by the Authority aforesaid That Colonel John Fitz-Patrick of Castle-Town in the Queens County shall be and is hereby restored in Blood and enabled to make and derive his Pedigree from any Ancestor Lineal or Collateral and shall also be restored unto and vested in the Real and Actual possession and seizin to him and his Heirs of all and every the Castles Manors Lands Tenements and Hereditaments Reversions and Remainders and Leases whereof the said Colonel John Fitz-Patrick or his Father or any other in Trust for them or either of them or to their use were at any time before the Two and Twentieth of October One thousand six hundred forty one lawfully seized or possessed any thing in this Act or otherwise notwithstanding And that all and every the persons to be removed from any of the premisses shall be forthwith reprized for the same according to the merit of his case Provided always That this Act or any thing therein contained shall not extend to prejudice his Majesties Grant under the Great Seal unto Sir George Preston Knight and his Heirs of the forfeited Mills Wares and Fishings upon the River of Shannon or upon any part thereof and upon the Sea Coast in the Province of Connaught and in the County of Leitrim but that the same shall be of such and no other force and effect than as if this Act had not been made And whereas Thomas Cooper and William Row are Purchasers of certain Lands in the Barony of Denifore in the County of Westmeath for which they paid Five thousand Pounds or thereabouts to Edward Carey late of the Middle Temple Esq who had formerly purchased the same of divers other Adventurers And the said Thomas Cooper and William Row their Heirs or Assigns being in possession upon the Seventh day of May in the year One thousand six hundred fifty and nine may happily expect according to some general words in His Majesties Declaration and those His Majesties former Instructions contained that their Estates should be made good to them as well as to any other Adventurers or their Assigns Nevertheless his Majesty being well assured that the purchase made by the said Thomas Cooper and William Row was only in trust for the Wife and Children of Archibald Hamilton then newly executed for Treason in Scotland and the moneys laid out in that purchase for the Wife and Children were given by Cromwel as a Reward of those Treasons hath thought fit to distinguish this Case from the Case of other Adventurers and their Assigns Be it therefore Enacted by the Authority aforesaid That the said Thomas Cooper and William Row be removed from the possession of the premisses and all other persons claiming by from or under them and that the same be delivered unto Thomas Pigot Esq Master of Our Court of Wards and Liveries in Ireland and unto Matthew Lock Esq To Have and to Hold to them and their Heirs subject nevertheless to the payment of the like Rents and Services as the Adventurers for Lands in the Province of Leinster are and granting to them the like Benefit of Reprizals in cases of Restitution as the Adventurers or their Assignes should have had in case they had
of the Lands aforesaid as were set out upon the Ordinance commonly called The Doubling Ordinance over and above the money paid thereon are not intended to be hereby confirmed to the said John Lord Kingston and his Heirs without delivering up or discharging such Receipts or Certificates of deficient Adventurers or such part of his own his late Fathers Arrears or other Debentures for Service in Ireland before the Fifth day of June One thousand six hundred forty and nine provided for by this Act as shall amount unto the value or sum for which such proportion of Lands were or are to be set out to Adventurers in the Province of Leinster but that upon delivering up or discharging such Certificates Receipts or Debentures amounting to such sum or value the said Lands and every part thereof are hereby ratified and confirmed as aforesaid and shall stand remain and be unto the said Lord Kingston his Heirs and Assigns for ever And be it further Enacted by the Authority aforesaid That for all such Lands and Tenements claimed by the said Lord Kingston set out to or possessed by Adventurers Souldiers Transplanted or Transplantable persons their Heirs or Assigns on the said Seventh day of May One thousand six hundred fifty and nine whereof George Lord Baron of Strabane Sir Henry Talbot Sir William Dungan and Thomas Harman Esq or any other former or other proprietor is are or shall be possessed or restored unto he the said Lord Kingston his Heirs and Assigns shall be speedily and effectually reprized for the same out of such Lands and Hereditaments of the like yearly Rents and Profits in the Counties of Dublin Cork and Kildare or some of them as the said lands so possessed restored or to be restored are now worth to be letten any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That nothing in this Act contained shall extend to vest in his Majesty his Heirs and Successors the forfeited Lands Tenements and Hereditaments in the Counties of Westmeath and the Kings County whereof Sir Hardress Waller Isaac Ewer or any of them or any other person or persons in Trust for them or any of them or claiming by from or under them or any of them were on the Seventh of May One thousand six hundred Fifty nine seized or possessed but that the same and every of them shall be and are hereby vested in Francis Lord Angier and his heirs subject to the like Tenures Rents Services and Payments as any Adventurers within that Province wherein the Forfeited Lands hereby granted do lie are subject unto and with like benefit of Reprizal in case of Restitution or Incumbrance as any Adventurer ought to have any thing herein contained to the contrary in any wise notwithstanding Provided also and be it Enacted That all and every sum and sums of money due unto John Lord Kingston Richard Lord Baron of Coloony Sir Theophilus Jones Sir Oliver St. George Sir John Cole and Chidley Coote Esq for their respective Arrears for Service in Ireland before the Fifth of June One thousand six hundred forty nine shall be stated and satisfied unto them their Executors or Assigns respectively out of the Security in this Act appointed for satisfying Arrears before One thousand six hundred forty nine in the same manner and by the same Rules and Rates as before in this Act is provided for such as have Arrears due to them before One thousand six hundred forty nine and received no satisfaction for any Arrears since that time although the said persons or any of them have received Lands for Arrears since the said Fifth of June One thousand six hundred forty nine any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That Sir Paul Davys Knight shall have hold and enjoy to him and his heirs and assigns for ever all and every the Towns and Lands of Londonstown formerly belonging to William Fitz-gerrald attainted Barretstown formerly belonging to Christopher Eustace attainted Johnstown formerly belonging to James Flatsburry attainted and Palmerstown formerly belonging to the said James Flatsburry all situate lying and being in the County of Kildare with their and every of their Members and Appurtenances whereof the said late Proprietors respectively were seized or any other persons were seized for their uses or in trust for them respectively on the days of their respective Attaintures or at any time since the said Sir Paul Davys his heirs and assigns yielding and paying therefore yearly to Your Majesty your Heirs and Successors such and the like Rents as are appointed to be paid by Adventurers for Lands in the Province of Leinster by the Act made in the Parliament begun at Westminster on the third day of November One thousand six hundred and forty Intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due Obedience to his Majesty and the Crown of England unless the Rents formerly reserved on the premisses to the Crown on the Three and Twentieth of October One thousand six hundred forty one did exceed that Rent in which case the Rent to be the same it was on the Three and Twentieth of October One thousand six hundred forty one and the premisses to be held of your Majesty Your Heirs and Successors by the same Tenure which by the said Act is appointed for Adventurers for Lands in Ireland any thing in this Act contained to the contrary or any other Act matter or thing whatsoever to the contrary notwithstanding Whereas several Officers in Munster who ingaged themselves in his Majesties Army in the Kingdom of Ireland under the Command of his Excellency the Lord Duke of Ormond in the year One thousand six hundred forty eight were afterwards instrumental in the betraying of several considerable Towns and Garisons into the Vsurpers hands or his Forces Be it therefore Enacted by the Authority aforesaid That all such Betrayers and their actual Assistants the Heirs Executors Administrators or Assigns of them or any of them shall be wholly excluded from any benefit from this Act of Parliament as to their enjoyment of any lands for their Arrears before June One thousand six hundred forty nine or any part of them other than such who within twenty four moneths after the date of this Act shall make it appear to the Lord Lieutenant of that Kingdom or the Chief Governour or Governours thereof with six of the Council that they made some repair for their former faults by their timely and seasonable appearance for Our Restitution in the year One thousand six hundred and sixty And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall forthwith set out or cause to be set so much of the Forfeited Lands as do amount unto the clear yearly value of three hundred pounds per annum and are nearest adjacent and lie most contiguous unto the Fort of Duncannon which lands so
derived their Titles to their Estates from any who dyed guilty of any the aforementioned Crimes nor such as pleaded the Articles of Peace for their Estates nor such as being in the Quarters which were under the authority of Our Royal Father or Our Self held correspondency with or gave Intelligence to such as were then in opposition against Our said Royal Father or Our Self in Ireland nor such as before any of the Peaces in One thousand Six hundred Forty and six or One thousand Six hundred Forty and Eight sate in any of the Confederate Roman-Catholick Assemblies or Councils or acted upon any Commissions or Powers derived from them or any of them nor such as impowered Agents or Commissioners to treat with any Forreign Papal power beyond Seas for bringing into Ireland Forreign Forces or were persons which acted in such Negotiations nor such persons as have been Wood-kernes or Tories before the Marquess of Clanrickards leaving the Government of that Kingdome You are to take care that the Adventurers and Souldiers in the Possessions of the Estates of any innocent Protestant or Papist restored to his said Estate by Our said Declaration be forthwith Reprized as in Our said Declaration is directed therein observing the signification of Our pleasure in Our said Declaration for the Reprizing such as shall be removed from the Estates of innocent Protestants or Papists at the time they shall be so removed In the next place you are to take care That the Adventurers Souldiers or other persons possessed of any of the Estate or Estates of such persons to whom we have by Our said Declaration assigned a particular favour and are in a distinct Branch thereof by name expressed be Reprized as in Our said Declaration is directed and the said persons restored to their former Estates from the time that such Adventurers or Souldiers shall be so Reprized observing alwayes the further cautions and provisions in Our said Declaration expressed referring to the said persons restauration If any who by Our said Declaration are to be restored to their former Estates have or shall without Order molest disturb or unquiet any of the Adventurers Souldiers or other persons in the possession of their respective Estates or for the mean profits thereof contrary to what is directed and provided for in Our said Declaration such person or persons untill they shall surcease such disturbance or having taken possession shall redeliver the same to the person so dispossessed and account and satisfie unto him the Damages sustained thereby shall have no benefit of the Grace and Favour held forth by Our said Declaration to him or them respectively And in case any person or persons that hath so disturbed or dispossessed any Adventurer or Souldier or their Assigns of any Houses Lands or Tenements formerly Assigned for Adventurers or Arrears and by such Adventurers or Souldiers quietly enjoyed shall not as aforesaid quietly resign the possession of such Lands to such Adventurers or Souldiers or their Assigns That you do then forthwith give Order to Our respective Sheriffs to put such Adventurers Souldiers or their Assigns into quiet possession of such Estates which Orders of yours Our said respective Sheriffs are hereby required strictly to observe accordingly Provided nevertheless That where such person or persons so dispossessed and to be restored to his or their former estates by the next preceding instruction shall be contented to submit to a reprize that in such cases you are forthwith to set out lands in some convenient place for the Reprizing him or them accordingly You are to take care that all that by Our said Declaration are to be restored to their former Estates do before such restauration to their said Estates under their Hands and Seals exhibit unto you the ground upon which he or they claim the benefit of Our said Declaration and a particular of their respective Estates in which you are to take care that they claim no other Lands than what did rightfully belong to them and was in their Real possession the Two and Twentieth day of October One thousand Six hundred Forty and one And if any one so to be restored shall make a claim that he or they are not Entituled unto or make and deliver unto you a false particular of his said Estate and therein include other Lands than what he or they so Entituled unto and possessed of as aforesaid or having to any Irish Papist or person excepted from confirmation of his Estate in Our said Declaration Morgaged or otherwise incumbred his or their said Estates either before the said Two and twentieth of October One thousand Six hundred Forty and one or since that day or have sold the same to any such Irish Papist or excepted person and shall not particularly express the same in the said particular so to be delivered in all such cases such person or persons offending herein for such offence shall forfeit the full value of the Land so endeavoured to be gained out of any other Lands to be restored to him by vertue of Our said Declaration You are forthwith to Reprize such Adventurers Souldiers and other persons who are now in the possession of the Estate of the Earl of Clancarty As also to satisfie Erasmus Smith Esq his deficiency as an Adventurer in some convenient Forfeited Lands in the County of Lowth that he may be better inabled and incouraged to answer those publick pious Vses in incorporating Five Free-Schools within that Our Kingdome for which he hath petitioned for Our License and to Reprize him the said Erasmus Smith such Lands now or lately in his possession that are restored or restorable to the former Proprietors And to accept from Peter Wallis Esq a surrender of the great Island near Ross in the County of Wexford and Reprise him the same in the County of Cork on the Lands now in the said Peter Wallis his possession not exceeding the yearly value of what the said Island may be set for And to the end you may the more readily proceed in Reprizing such as in Our said Declaration are to be Reprized being to be removed from off the Estate of any person or persons to be restored to their former Estates you are forthwith to make up Books of all the Forfeited undisposed Lands in Ireland and not before Assigned for satisfaction of the deficient Adventurers or Reprizing the Adventurers and Souldiers the Incumbrances on their Estates in which you are carefully to set down all the Forfeited Lands in the County of Catherlagh by themselves and all the Forfeited Lands in the Baronies of Barrimore and Muskry by themselves the one being apppinted for the Reprizal of such as are removed from ost the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold and the other to satisfie Decrees of the innocent Papists inhabitants of Cork Youghal and Kingsale In the doing whereof you are to appoint what quarter or point of the said County of Catherlagh and the said Baronies of Barrimore
of the true yearly value of all and every the Messuages Manors Lands Tenements and Hereditaments possessed by any Adventurer or Souldier or any other person claiming by from or under them any benefit by vertue of this present Act as the same were worth in the year One thousand six hundred Fifty nine and to Order and Declare the true and full yearly value of the same which Declaration and Order of the said Commissioners or of so many of them as shall be thereunto Impowered shall be entred in a Book to be kept for that purpose and a Duplicate thereof shall be returned into his Majesties Court of Exchequer there to remain as a Record and shall be and is hereby made a Charge upon all and every the Messuages Lands and Tenements therein mentioned described or referred unto and shall be sufficient to Intitle his Majesty to have and receive a years value or a halfe years value according to that rate and in such manner as is herein before limited which several and respective sums so ascertained as aforesaid shall under the Penalties herein before mentioned be paid unto the Right Honourable Roger Earl of Orrery and John Lord Viscount Massareene whom his Majesty hath appointed to be his Receivers of the same or to such other persons as his Majesty shall hereafter appoint for that purpose who shall accompt for and pay unto his Majesty in his Court of Exchequer all and every the sums of money by them received And it is hereby further Declared and Enacted that the Receivers for the time being shall observe and follow such Directions and Instructions as his Majesty hath heretofore given or at any time hereafter shall give Provided nevertheless and be it Enacted That all Lands Tenements and Hereditaments which are or shall be before the First day of May One thousand six hundred sixty and two setled or conveyed by Erasmus Smith Esq for any pious or charitable use shall be and are hereby exempted and freed from paying the years Rent or full years value of the profits herein before assessed imposed or reserved any thing in this present Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Enacted That where any Lease or Leases of any Messuages Manors Lands or Tenements whereof the next or immediate reversion or remainder doth or shall appertain to any innocent Protestant or Papist not exceeding the time and term of One and Thirty years or Three lives from the Three and Twentieth day of October One thousand Sir hundred Forty one or other sooner time of making thereof are forfeited to and vested in his Majesty It shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governors for the time being by any D●ed under his or their Hands and Seals to grant the rest and residue of such lease or leases unto such innocent person or persons as are or shall be Intituled unto the next or immediate reversion or remainder which Grants shall be sufficient to Intitle the persons to whom they shall be respectively made to enjoy the said lease or leases against Vs Our Heirs and Successors and against all and every other person And be it further Enacted by the Authority aforesaid That Donnough Earl of Clancarthy and Charles Viscount Muskry his Son and both of them respectively shall be and are hereby restored unto their Blood and Honour and shall and may derive their Pedigree and Descent from their and every of their Ancestors Lineal and Collateral and shall be and are hereby restored unto and shall and may have hold possess and enjoy unto them and their Heirs respectively all and singular the Titles of Honour Dignities Honours Manors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdome of Ireland which he the said Donnough Earl of Clancarthy or the said Charles Viscount Muskry 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 or at any time since according to by and under the same Tenure Rents and Services as the same were then held and by and under no other Tenure Rents or Services this present or any other Act Law Statute Ordinance Order Outla●y Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other Cause Matter or Thing to the contrary notwithstanding Saving to all and every person or persons Bodies Politick and Corporate their Heirs and Successors other than to his Majesty his Heirs and Successors and those who shall or may claim by from or under his Majesty his Heirs and Successors or any of them all such Right Title or Interests which they or either of them had before the passing of this Act. And be it further Enacted That all such persons as are or shall be dispossessed of any part of his or their Estates in order to the said Earl of Clancarty and Lord Viscount Muskry's restitution who are reprizable by the rules of his Majesties Declaration shall be forthwith reprized in lands of equal worth and value Be it further Enacted by the Authority aforesaid That Sir Connel Farrel Knight for his faithful and eminent Services and constant adherence to Vs in the Parts beyond the Seas be and hereby is restored to and setled in so much of the Manors Towns and Lands of Tulickin Lackin Kiltaffery Lisanisky in the County of Longford the Towns and Lands of Rosmore and Ferry-Glass in the County of Leytrim the Towns and Lands of Loghil Ederagh Creagh Carromoare Linnen Derryartwood Ballyglaslan Mullacorny alias Mullaghwerny and Larach in the said County of Longford as were belonging to John Farrel Father to the said Sir Connel and unto him the said Sir Connel or either of them the Two and Twentieth day of October One thousand six hundred forty one or at any time since to have and to hold unto the said Sir Connel Farrel his Heirs Assigns for ever under such Rents Tenures and Services as they were formerly held And it is further Enacted by the Authority aforesaid That Cornet Robert Meredith and such others to whom the premisses were set out for Arrears be forthwith reprized for the same by other forfeited lands of equal value worth and purchase by Our Commissioners appointed or to be appointed for putting Our Gracious Declaration and Instructions in execution and that the lands so to be set and given for reprizals unto the said Cornet Robert Meredith and the others interested in the lands aforesaid be by the Authority aforesaid on the setting out thereof vested and setled in the said Robert Meredith and the rest of the said persons to be reprized and their Heirs respectively And be it further Enacted by the Authority aforesaid That Sir
Authority thereof That all Honors Manors 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 Recognizance Iudgements Forfeitures Extent Right of Action Right of Entry Statute or any other Estate of what nature or kind soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom which at any time from and after the said 23. day of October in the year of our Lord 1641. were seized or sequestred into the hands or to the use of his late Majesty King Charles the First or of your most Gracious Majesty that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the said Rebellion or War 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 Majesty or your Majesty that now is or any Adventurer Souldier reprizal person or others respectively had and received the Rent Issue or 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 Assignes or any other person or persons whatsoever upon account of the said Rebellion or War were in seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May 1659 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 Reprisal or Reprisals 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 Majesty that now is are any ways entituled 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 Chanteries and all Manors Lands Tenements Rents Tythes Pensions Portions and other Hereditaments or things whatsoever belonging to them or any of them which were in the seizin possession or occupation and out of which any Rent Duty Tenure or other Service was reserved of any person or persons who by the Qualifications in this Act shall not be adjudged innocent persons as also all Lands Tenements and Hereditaments 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 this Act expressed shall not be adjudged innocent persons as also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging unto them in their politick capacity to any person or persons their Executors Administrators or Assigns who by the Qualifications in this Act expressed shall not be adjudged innocent persons as also all Impropriations or appropriate Tythes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in this present Act expressed shall not be adjudged innocent are and shall be and are hereby declared deemed and adjudged as from the said 23. day of October 1641. forfeited and to have been forfeited to your Majesty your Heirs and Successors and they hereby are from the said 23. day of October 1641. vested and settled in the real and actual possession and seizin of your Majesty your Heirs and Successors without any Office or Inquisition thereof found or hereafter to be found notwithstanding that the persons who were the former Proprietors or reputed Proprietors of the said Estates or any of them are not hereby or have not been heretofore attainted for and by reason of the said most hainous and unnatural Rebellion and War Provided That this Act shall not extend to the avoiding of any Contract Conveyance Assurance or disposition of for or concerning any of the said forfeited Lands Tenements or Hereditaments made since the 23. day of October 1641. by any Protestant Adventurer or Souldier or other person of or from such persons whose Estates if they had not so as aforesaid disposed them would have been confirmed unto them by the Rules in this Act herein after limited or appointed nor to the avoiding of any Contract for Lands in Connaught or Clare set out by virtue of Decrees made by Protestants or others that purchased any Lands Tenements or Hereditaments from persons transplanted into the Province of Connaught or County of Clare or their Assignes nor to intitle your Majesty to the mean Profits of any of the said forfetied Castles Manors Lands Tenements or Hereditaments since the 23. of Oct. 1641. allotted assigned enjoyed or set out to any Adventurer for adventures or to Souldiers for arrears to persons transplanted into the Province of Connaught or County of Clare or their Assignes or let by the late Vsurpers for yearly Rents or granted by the late usurped powers confirmed by your Majesties said Declaration of the 30. of November 1660. and by this present Act other than such of the Rents reserved on the premisses as were not paid to the late Vsurpers or to your Majesty since your Majesties happy restauration but are yet in arrear and unpaid and other than forfeited Lands Tenements or Hereditaments concealed Provided also That this Act or any thing therein contained shall not be deemed construed or taken to forfeit or vest in your Majesty your Heirs and Successors any Honors Manors Castles Houses Places Lands Tenements and Hereditaments or Chattels real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom on the 23. day of October 1641. belonging in Possession Reversion or Remainder unto the Vniversity of Dublin or to any Archbishop Bishop Dean Prebend Dean and Chapter or other Ecclesiastical person or persons in his or their politick capacity or to any other College Hospital Church Collegiate or Parochial or to the Church-wardens and Parishioners of any Parish-Church for the use of the said Church or to any Guild Corporation or Fraternity Ecclesiastical or Lay or to any Parson Rector or Vicar of any Parish-Church or to the most
be equally divided amongst all and every the said Commissioned Officers who have any Arrears due for Services in Ireland before One thousand Six hundred Forty nine All which Rents above said and profits shall be paid in such way and manner as shall be by Vs appointed And also the said Houses Lands and Tenements distributed and set out in such way and manner as we shall appoint for the ends and uses aforesaid the said Years Rent to be paid in the space of Two Years by even and equal proportions half yearly And the said Year and a halfs Rent in three years by even and equal portions half yearly For which Service as also for stating the Arrears of the Commissioned Officers aforesaid not yet stated fit persons shall be speedily by Vs Authorized All which said Arrears so to be stated shall be stated before the Twenty nineth day of September One thousand Six hundred Sixty one And the several particulars for the above security for Officers serving before One thousand Six hundred Forty nine shall be immediately put out of Charge in Our Court of Exchequer Whereof Our Chief Baron and other Our Ministers of the said Court are hereby required to take notice and put the same in execution accordingly And the said Securities are hereby committed and intrusted into the hands of such persons for the uses aforesaid As the Duke of Albermarle General of all Our Armies and the Lord Marquess of Ormond Lord Steward of Our Houshold by Vs hereby thereunto Authorized shal appoint to be by them Let and set for the best advantage and to the ends aforesaid And they are also to Assign sit and convenient Salaries for such persons as shall be imployed therein The said Salaries to be assigned unto them out of the Profits of the said Securities That such Protestants whose Estates have been given out for satisfaction of Adventurers or Souldiers or otherwise disposed of to any other persons shall be forthwith restored to their former Estates and a Reprizal of equal Value Worth and Purchase forthwith Assigned to such Adventurers or Souldiers as shall be removed out of their said Estates Provided no person or persons shall have the benefit hereof who were in the Rebellion before the Fifteenth of September One thousand Six hundred Forty and three and have taken out Decrees for Lands in the Province of Connaught or County of Clare in recompence of their former Estates And that such Adventurer Souldier or other persons who have been or shall be removed from the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold for what he possest therefore for Adventure or Arrears shall be Reprized in the County of Catherlaugh for the same every person so to be removed shall not be accomptable for the Profits he received whilest he or they enjoyed such Estates Provided alwayes That this Our Declaration or any thing or matter therein contained shall not extend to any Lands Tenements or Hereditaments which James Lord Marquess of Ormond Lord Steward of Our Houshold or any of his Ancestors Barons of Arckloe Viscounts of Thurles or Earles of Ormond or Ossory did at any time heretofore Mortgage Grant or Demise unto any person or persons in Fee Fee-Farm Fee-Tail for Life or for Years or for any other Estate or Interest nor to any Lands Tenements or Hereditaments held of the said James Lord Marquess of Ormond mediately or immediately as of any of his Manors whereby the Forfeited or Forfeitable Interest of any person or persons in such Lands Tenements or Hereditaments as aforesaid may be setled in any Adventurer Souldier or any person whatsoever other than the said James Marquess of Ormond and his Heirs Provided that this shall not extend to any of the Lands held of James Marquess of Ormond or the Lady Marchioness his Wife as of any their Manors but that all such Lands shall be held of the said James and the Lady Marchioness and their Heirs by the same Tenure and at the same Rents and Services as heretofore any thing in this Our Declaration to the contrary contained notwithstanding And whereas the Earl of Inchequin hath been dispossessed of his Estate for his eminent Service and adhering unto Vs and is now by Act of Parliament ordered to be restored to his said Estate We are graciously pleased hereby further to Declare That he be accordingly restored to his said Estate and that such who shall thereby ●e removed and are justly capable of reprize that they shall be reprized as others in l●ke cases are to be reprised And whereas we understand that by the ●●te usurped Powers during the Distempers of these Ti●●● several Irish Proprietors of the Popish Religion have been dispossessed of their Estates meerly for being Papists and have shed out Decrees and are possessed of Lands in the Province of Connaught and County of Clare in compensation of their former Estates which being an Act of their own We might without any injustice deny to relieve them in yet so willing We are that any Interest intituling in self to Equitable mercy m●ght not be disappointed that We declare That all innocent Papists being such as shall prove themselves to have been Faithful and Loyal unto and never acted against Our Royal Father or Our Self since the two and twentieth day of October One thousand six hundred forty one though they have sued out Decrees and are possessed of Lands in the Province of Connaught or County of Clare in lieu of their former Estates shall notwithstanding be restored to their said Estates by the second of May One thousand six hundred Sixty one Provided that the said Lands in Connaught and Clare so allotted to the said Papists be restored unto Vs to Reprise others or for satisfaction of such Irish Proprietors thereof so far as this Declaration excludes them not or if the said Lands in Connaught and Clare or any part thereof have been sold by any such Papist that the said Papist out of his Estate to which he is to be restored shall pay the Purchase-Money to the said Purchaser his Heirs or Assigns and whosoever either by Reprize or Restauration shall enjoy the said Lands shall make satisfaction to the said Purchaser for all necessary Reparations and Improvements upon the said Lands before he be admitted to the possession of them Provided also That whatsoever Adventurer or Souldier that shall be removed from his present possession to make room for any such Papist shall forthwith have a Reprize of equal value worth and purchase in other Forfeited Lands Provided alwayes That whereas the Corporations of Ireland are now planted with English who have considerably improved at their own Charges and brought Trade and Manufacture into that Our Kingdom and by their Settlment there do not a little contribute to the Peace and Settlement of that Country the disturbing or removal of which English would in many respects be very prejudicial That all such of the Popish Religion of any Corporations in Ireland
to be settled with them in that Our Kingdome And least any Ambiguity or controversy might arise for precedency in restitution to their former Rights We do Declare That first all innocent Protestants and those persons termed innocent Papists who never took out any Decree or had lands assigned to them in Connaught or Clare be first restored In the next place That those innocent Protestants and Papists who took out Decrees and had lands allotted to them in pursuance thereof in Connaught or Clare shall be restored And that such transplanted persons as shall be dispossest of their Decreed Estates in Connaught or Clare by virtue of this Our Declaration shall be Reprized out of other Forfeited lands of equal value worth and purchase in the said Province of Connaught or County of Clare or elsewhere before they be dispossest of their said Estates And that then such of the Irish Papists who constantly served under Our Ensigns abroad having right to the Articles of Peace are to be restored of which if any dispute shall be of their Capacity of Priviledge herein We shall by further intimation of Our pleasure to Our Chief Governour or Governours in that Our Kingdome and Council there give a final Resolve and Determination therein Yet this is alwayes so to be understood That whatsoever person or persons in the next precedent Qualifications shall find any part of his or their Estates not already disposed or not designed to be disposed to the ends aforesaid exprest in this Our Declaration That such person or persons their Heirs or Assigns shall be respectively restored to his or their said Estates And We further declare That in respect many have contracted very just Debts for furnishing Armes Ammunition and other necessary provisions for carrying on the War in Ireland before One thousand Six hundred Forty nine for which they have given security and so made themselves liable to suit and hazard which in all equity ought to be provided for That after such Reprizals made as aforesaid satisfaction shall be set forth out of the remaining lands in Our disposal to such persons their Heirs and Assigns And We are graciously pleased further to Declare That every Adventurer and Souldier their Heirs and Assigns setled in lands Tenements and Hereditaments as aforesaid And every person restored unto or Reprized for his Estate as is formerly mentioned shall pay unto Vs Our Heires and Successors yearly for ever the Rents following viz. For every Acre in the Province of Leinster Three pence For every Acre in the Province of Munster Two pence Farthing For every Acre in the Province of Connaught One penny Half penny And for every Acre in the Province of Ulster One penny accounting as to the payment of the said Rent only One hundred and Sixty Pearches to the Acre and Sixteen Foot and a half to the Pearch And all such as receive satisfaction for their Arrears out of the Houses and Tenements in the several corporations in Ireland one shilling six pence yearly out of every Twenty shillings Rent so that the Rent formerly reserved on such Estates so to be restored exceed not the Rent hereby reserved But if the said Rent formerly reserved do exceed the Rent hereby to be reserved the said former Rent only shall be paid and the said Estates respectively shall be discharged from payment of the Rent or Rents hereby reserved And it is Our further pleasure and We do hereby declare That all Lands Tenements and Hereditaments thus settled and to be settled upon Adventurers shall be held of Vs Our Heirs and Successors in Free and common Soccage as in the Statute of the Seventeenth Caroli is limited and appointed And that all Lands Tenements and Hereditaments setled or to be setled on the Souldiers who are out of the said Act and not provided for by it shall be held of Vs Our Heirs and Successors by Knights service in Capite All other particulars above mentioned being fully effected we trust through the goodness of God that that near ruined Kingdom will be restored to peace plenty And that by such signal evidences of our justice favor mercy the wicked will be deterred from their wickedness the good encouraged confirmed in resolutions of loyalty towards us and peace among one another And as in this Our Declaration we have made choice of those means which in Our Wisdome and Iudgement We have esteemed most conducible to the Quiet and Settlement of that Our Kingdome so We esteem it necessary further to declare That it is Our firm intention forthwith to call a Parliament in that Our Kingdom and effectually to recommend unto Our Chief Governour or Governours Privy Council and Our said Parliament the establishing by Laws there all the particulars mentioned in this Our Declaration and such others as shall be found necessary for the good of Our People there and after such Bills are past that then an Act of Free and General Pardon Indempnity and Obliv●on shall be granted to all Our Subjects of and in Ireland notorious Murderers only excepted And because We are too credibly assured That in the Decrees and Iudgements given for Forfeited lands in the Province of Connaught and County of Clare much injustice and fraud hath been used We shall recommend the whole review of that business to Our Chief Governour or Governours for the time being and Our Privy Council and Commissioners or some of them to the end that whatever irregularity shall be found in those proceedings may by their Care and Wisdome be rectified and the Iust part thereof confirmed As also that a suitable Act for Ireland for confirming Iudicial proceedings there in the four Courts may be there past And another Act for ratifying all Decrees and Iudgements in the Court of Claims and Exchequer of Dublin and the Claims of Our Protestant Subjects of Ireland that so all Our Subjects being legally setled and confirmed in their lives properties and Estates they may without fear for the Future betake themselves to mend the Ruines and Desolations of so long and bloody War and live in comfort and unity And We more than hope that by Our thus proceeding the World will believe nothing of Our own Advantage can come in competition with the Peace and Good of Our Subjects for We reserve little to Our Self but the satisfaction of contenting all Interests at the price of freely parting with almost all the great Forfeitures vested in Vs by Law in that Our Kingdom And if by this Indulgence We shall attain that desired end it will be much more considerable unto Vs than the rate at which We purchase it And We further Declare That whereas several of the Adventurers and Souldiers having made a thankful estimation of our grace and favour expressed by this our Declaration in settling them in a peaceable possession and right of what they enjoy by Our waving those many advantages devolved upon us by law have voluntarily exprest their own willingness and confidence of the
is hereby further Enacted and Declared That it shall and may be lawful to and for all and every the Adventurers upon the said Ordinances their Heirs and Assignes to receive so much of the Over-plus of those Lands which have been allotted to them in Satisfaction of their said Adventures and shall be sufficient to satisfie and make good any Deficiencies of other Adventures any Right of Recompence or Satisfaction for Incumbrances intended to be satisfied out of the County of Kildare or any Arrears of pay before the year One Thousand Six Hundred Forty Nine due by Debentures for the aforesaid British Army to the said Adventurers their Heirs or Assigns or any of them or purchased by them or any of them and to be satisfied according to the same Rules and Rates with the other Arrears before One Thousand Six Hundred Forty Nine And be it further Enacted and Declared by the Authority aforesaid That if it shall happen that any Adventurer or the Heir or Assignee of any Adventurer shall be possessed of any Lands by Concealment false Admeasurement or by pretence of the Doubling Ordinances over and above what will satisfie the principal moneys advanced upon the said Ordinances according to Irish measure as aforesaid and shall not have any Deficiencies Incumbrances or Arrears to place thereupon or be otherwise intituled to retain the same That then and in such case the Lands to be cut off or taken away from such person or persons shall as near may be be taken away and cut off in such Parts and Proportions as lie most contiguous and so as the person or persons to be removed from such Over-plus as aforesaid may still retain and keep the benefit of his and their respective Improvements And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Commissioners to be appointed by his Majesty for the Execution of the Declaration and Instructions and this present Act to proceed in the Execution of their Commission from time to time against all and every person and persons now having or in this or in any other Parliament hereafter to be held claiming to have any Priviledge and against all and every the Lands Tenements and Hereditaments and other the premisses whatsoever hereby vested in his Majesty his Heirs and Successors or charged or chargeable with any yearly Rent or other sums or payments whatsoever to be issuing out of the same and all Rules Orders Iudgements and Decrees of the said Commissioners made in pursuance of and according to the Declaration and Instructions and this present Act and all other Process and Proceedings whatsoever for the better leavying of any Rents or sums of money charged or chargeable as aforesaid shall be obeyed and executed forthwith as fully and amply against all and every person or persons and all and every their Lands Tenements Goods and Chattels as the same ought to have been if no Parliament had been then sitting and all Officers and Ministers of Iustice and all other persons whatsoever any way aiding and assisting in the Execution thereof shall be and are hereby indemnified and saved harmless any priviledge of Parliament or other immunity or exemption to the contrary hereof in any wise notwithstanding Provided alwayes and be it further Enacted and Ordained That the several Grants and Letters Patents made unto Sir Maurice Eustace Knight Lord Chancellor of Ireland Edward Vernon Esq Michael Lord Bishop of Cork and Sir George Lane and all and singular other the Letters Patents whereby any of the premisses hereby vested have been given or granted by his Majesty unto any other person or persons Bodies Politick or Corporate under the Great Seal of England or under the Great Seal of Ireland before the Thirtieth day of November One thousand six hundred and sixty or since the 30. day of November One thousand six hundred sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual dated before the said Thirtieth day of November One thousand six hundred and sixty shall be and are hereby ratified and confirmed and shall be deemed taken to be good valid and effectual in the Law according to the tenor and purport thereof against the Kings Majesty his Heirs and Successors and against all persons Bodies Politick and Corporate whose rights are not saved by this Act any thing in this Act contained to the contrary hereof in any wise notwithstanding Nevertheless it is hereby Enacted and Declared That all and singular the Lands and Tenements given and granted or mentioned to be given and granted in and by the several Letters Patents herein before confirmed shall be and remain and continue subject to such Rents and Payments and shall be held by such tenures and services as any other lands intended to be confirmed by his Majesties gracious Declaration or Instructions or by this present Act ought to yield pay render or perform And in case any of the aforesaid Grants or Demises be made at a less Rent than such a proportion of Acres ought to pay according to this direction then a Survey being first taken an addition is to be made to the reserved Rent of so much as will equal it therewith and make it agreable to this Rule without any further prejudice to the said Grants or Demises Saving to all and every person and persons Bodies politick and Corporate their Heirs Executors Successors and Assigns other than to the Kings Majesty his Heirs and Successors and other then to such person or persons Bodies politick and Corporate who by the Qualifications in this Act expressed shall not be adjudged innocent and other then to such person or persons who shall or may claim to the use of or in trust for them or any of them and other then to John Blackwell his Heirs and Assigns and those claiming by from or under him them or any of them any Estate or Interest of in or to the Manor Town or Island of Clantraffe or any part thereof All such Estate Right Title and Interest of in or to the several Lands and Tenements in and by the said Letters Patents respectively granted or mentioned to be granted as they or any of them have or ought to have the same as fully and amply to all Intents and Purposes as if this Act had never been had nor made And Be it further Enacted That all Letters Patents whatsoever whereby any of the premisses hereby vested have been given or granted under the Great Seals of England or Ireland respectively since the Thirtieth of November One Thousand Six Hundred and Sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual Dated since the said Thirtieth day of November One Thousand Six Hundred and Sixty shall be and are hereby Ratified and Confirmed and shall be held and enjoyed in like manner and under the like Rents and Payments Tenures and Services and subject to the like Saving of Rights
William Pen shall be forthwith reprized to the full yearly value worth and purchase of the Lands by him heretofore possest and according to the value of the said Lands in the Barony of Muskry whereof he hath been dispossest in order to the Restitution of the Earl of Clancarty at the time of his Surrender and his Improvements of the same and for the Arrears of Rents quitted to the said Earl as also for the Rent that would or might become due until the said Sir William Pen shall be possest of a full Reprize as aforesaid out of such forfeited Lands and Possessions as he now holdeth as Tenant to His Majesty in the said County of Corke so far as the same will extend thereunto and in case of Defect or Restitution of any of the said Lands the same to be made up out of other forfeited Lands of a good and clear Title and unincumbred with the first that shall be reprized And if the Title of any of the Lands by which he shall be so reprized shall be defective or that the said Lands be liable to Incumbrances that forthwith upon Discovery of the same his Reprize shall be made up fully by other forfeited Lands of a clear Title and free from Incumbrances and so from time to time till the said Reprize be compleated as aforesaid And whereas there was formerly intended to be setled on the Orphans of Colonel Owen O Connely particularly mentioned in the Declaration Lands to the value of Two Hundred Pounds per annum as a Recompence for the Fathers Services performed in the Discovery of the Rebellion which begun the Three and Twentieth of October One Thousand Six Hundred Forty One Be it therefore Enacted by the Authority aforesaid That the Commissioners to be appointed for the Execution of this Act shall and are hereby impowered to set out for the use of Arthur and Martha O Connely Orphans of the said Owen O Connely their Heirs and Assigns out of the Forfeited Lands of Murragh Leestown Westperstown Bernonstown Artaine Bremore alias New Haven in the Baronies of Balruddery and Conlocke or elsewhere in the County of Dublin an Estate of the value of Two Hundred Pounds per annum which Estate of Two Hundred Pounds per annum so to be set out for their use shall be chosen out of such of the aforesaid Lands as are Forfeited for the best conveniency of the Orphans under the like Rents and Tenures and with the like Benefit of Reprizals in case of Restitution Removal or Incumbrance as Adventurers are to have by virtue of this present Act Which Lands so to be set out as aforesaid are to be setled upon the said Orphans their Heirs and Assigns in such manner and proportions and according to such Rates and Values as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint Provided always That neither this Act nor any thing therein contained shall be construed or extend to prejudice Anne Marchioness Dowager of Clanrickard her Right unto any the Lands or Hereditaments setled upon her for her Ioynture but that the said Marchioness of Clanrickard her Tenants and Assigns shall forthwith enter into possess and enjoy the said Lands and Hereditaments according to her Title unto the same in the same manner and form as she and they might have done if this Act had not been had nor made this Act or any thing therein contained notwithstanding Provided always That neither this Act nor any thing therein contained shall be construed to prejudice the Grant made by his Majesties late Father of ever Glorious Memory unto George Lane Esq in Trust for Sir George Hamilton of the Lands Tenements and Hereditaments whereof John Draycot of Mornonstown in the County of Meath Esq attainted of High Treason and since deceased was seized or some other person or persons in trust for him or to his use in the Year One Thousand Six Hundred Forty One but that the same shall be of such and no other effect as if this Act had not been made Provided also and be it Enacted by the Authority aforesaid That Captain William Hamilton of Lough Currine in the County of Tyrone his Heirs and Assigns be forthwith satisfied for all such Arrears as upon stating thereof shall appear to rest due unto him either in his own Right or as Heir Executor Administrator or Assigne to others for his or their respective Services in the War of Ireland Out of the Lands Tenements or Hereditaments lately belonging or reputed to belong unto Sir Phelim O Neile of Kinard Knight lying and being in the Barony of Dungannon in the County of Tyrone according to the Rates of Ten Years purchase free Rent over and above all Incumbrances and Reprizes whatsoever subject nevertheless to the like Rents Payments Tenures and Services as either the Lands of Officers who served before June One Thousand Six Hundred and Forty Nine are subject unto within that Province And if in case the said Lands Tenements and Hereditaments belonging unto the said Phelim O Neile at the Rate aforesaid shall not amount to a full Satisfaction of the said Arrear or Arrears then the remaining part of such Arrear or Arrears shall be satisfied and set forth to him the said William Hamilton his Heirs or Assigns out of the Forfeited Lands Tenements and Hereditaments lying and being in the Baronies of Ardagh and Grannard in the County of Longford at the like rate and in like manner as aforesaid any thing in this Act contained to the contrary in any wise notwithstanding Provided alwayes That such forfeited and unrestorable lands within and contiguous to the Mile-Line in the County of Clare that were set out unto Sir Richard Ingoldsby Kt. of the Bath and Sir Henry Ingoldsby Baronet or either of them in satisfaction of one thousand five hundred and fifteen pounds eleven shillings and two pence with their now dwelling Houses and Gardens in Limrick of which they or either of them were possessed by themselves or Tenants the Seventh of May One thousand six hundred fifty nine in consideration of their great Expence by improvement on the premisses be hereby vested setled and assured in and upon them their Heirs and Assigns for ever they or either of them delivering up to the Lord Chancellor of Ireland who is hereby impowered to receive the same so many Debentures for Pay due to Officers before One thousand six hundred forty nine as at the rate of Twelve shillings Six pence in the Pound shall amount unto the full sum of Two thousand Pounds in lieu of the said One thousand five hundred and fifteen pounds the same to be held and enjoyed by such Tenures Rents and Services as other Lands and Houses set out for Services in the year One thousand six hundred forty and nine are or shall be held by this present Act. And in case they shall be dispossessed of any of the said Houses or Lands by virtue of the Declaration
from time to time out of the ac●ruing Rents Issues Fines and Profits which shall come into the Receipt of your Majesties Exchequer for or by reason of the licencing or permitting the Sale of Wine Aqua-vitae or Strong-waters or any of them by Retail in this Kingdome pay or cause to be paid without further delay Order or Directions unto the said Sir James Shane his Executors Administrators or Assigns half yearly every Michaelmas and Easter the currant Interest of the said Eight thousand Pounds or so much thereof as shall remain unsatisfied the first payment of the said Interest money to be made at Michaelmas One thousand six hundred sixty two and that the said Sir James Shane his Heirs and Assigns shall have and enjoy the full benefit and advantage and effect of your Majesties Gracious Letters under your Royal Signet bearing date the Twenty fifth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto him his heirs and assigns in satisfaction of Adventures and other Interests according to the Rules of the said Declaration so far forth as the Lord Lieutenant or other chief Governour or Governours of this Kingdome for the time being shall judge the several matters and things therein contained to be consistent with your Majesties said Declaration excepting only what relates unto his said Estate in Irris any clause proviso sentence matter or thing whatsoever in this Act contained in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being by and with the consent of the Privy Council shall have full power and authority out of the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by virtue thereof to settle such a yearly allowance for ever not exceeding one Thousand Pounds Per Annum for the founding erecting and endowing of Hospitals and Work-houses for Souldiers maimed or wounded in the Service of Ireland and in case of deficiency of such persons then towards other publick and pious Vses in such manner and in such places as they shall think most equal and fit Provided also That whereas such Papists as by special Grace are restorable unto their Estates by this Act ought in some measure to manifest their gratitude unto Your Majesty for the Happiness and advantage which they enjoy by Your Majesties wonderful Restauration and thereby the better enable your Majesty to restore or satisfie divers persons who have suffered much in Your Majesties Service and for want of Reprizals may not be restored to their Estates Be it Enacted by the Authority aforesaid that it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being to charge for the use of Your Majesty the Estates of the persons so restorable not exceeding the proportions following viz. All Papists who took no lands in Connaught one half years value and such as took lands in Connaught one years value of the Estates unto which they are or shall respectively be restored what they shall be so charged with to be paid in the same manner and proportion as the respective sums payable by the Adventurers or Souldiers are made payable by this Act and that the same shall be paid unto the Receipt of his Majesties Exchequer to be disposed of for satisfying the said unrestored persons or for the buying and purchasing of Reprizes Adventures Arrears Incumbrances or other allowed Interest confirmed by this Act from such person or persons as shall be willing to sell their respective Rights thereunto whereby the Lands designed for Reprizals may the better hold out to answer the ends of Your Majesties said Declaration any thing in this Act notwithstanding Provided also and be it further Enacted by the Authority aforesaid That in case Reprizals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof cannot or shall not obtain or receive the full Benefit intended them then it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being and they are hereby authorized to order appoint and make distribution amongst them of the Satisfaction or Restitution allotted them in such proportions and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned nevertheless according to the Rules and Directions of the Declaration concerning them in all other points and particularly in that of previous Reprize or Reprizals which Order and Appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the Execution of this Act any thing therein contained to the contrary in any wise notwithstanding Provided always and be it hereby further Enacted That all such Castles Manors Lands Tenements and Hereditaments in the County of Sligo as have been purchased by Sir Philip Percivall Knight deceased or any other person or persons in trust for Thomas late Earl of Strafford and Sir George Ratcliffe Knight deceased or either of them and their Heirs or the Heirs of either of them and whereof they 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 at any time before the Three and Twentieth day of October One thousand Six hundred Forty one shall be and are hereby vested in his Majesty his Heirs and Successors and so remain and continue until the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Council there shall upon hearing of the said Purchasers their Heirs or Assigns and the Heirs and Assigns of the said late Earl of Strafford Sir George Ratcliffe and also upon hearing of the persons their heirs or assigns who sold the premisses or any part thereof declare and adjudge whether the same do belong to Sir Philip Percivall his heirs or assigns in trust for William Earl of Strafford and Thomas Ratcliffe or either of them or to any other person or persons his or their heirs or assigns of whom the same are pretended to be purchased as aforesaid which Declaration and Iudgement shall be as good and effectual in Law to all Intents and Purposes on behalf of the person or persons for whom the same shall be made as if the same had been particularly Enacted by these presents any Distribution or Allotment thereof during the late times of Vsurpation to any Adventurer or Souldier any defect of Conveyance or Assurance to the said Sir Philip Percivall or other the Trustees of the late Earl of Strafford and Sir George Ratcliffe any Right or Title in his Majesty by virtue of the Office or
Inquisition in the time of his Royal Father for vesting Land in the Province of Connaught or any other matter or thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That Maurice Keating Esq Son and Heir of Edmond Keating of Norraughmore in the County of Kildare Esq shall and may have hold and enjoy to him and his heirs all and every the Manors Towns Villages Lands Tenements and Hereditaments in the Kings County purchased by or in trust for his said Father before the three and twentieth day of October One thousand Six hundred Forty one from John Carrol Esq if the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council thereupon hearing the parties concerned shall think fit to adjudge the same accordingly any thing in this Act or in any other Act contained to the contrary thereof notwithstanding Provided always and be it further Enacted That Theobald Lord Viscount Taaff Earl of Carlingford shall have hold possess and enjoy to him and his Heirs all those the Lands Manors Tenements and Hereditaments in the County of Lowth whereof the said Theobald upon the first day of August in the year One thousand six hundred sixty one was possessed or were set out assigned or granted to the said Theobald by way of Custodium or otherwise in Order to a further Settlement thereof to and on the said Theobald and his heirs for and in lieu of the Estate of Coloony in the County of Sligo and also that the said Theobald shall have and enjoy to him and his heirs the Manors Lands Tenements and Hereditaments whereof Christopher Taaff of Bragganstown and Theophilus Taaff of Cookestown or either of them or any of their Ancestors or any other person or persons to their use or in trust for them or any of them stood seized or possessed upon the two and twentieth day of October One thousand six hundred forty one all and singular which premisses the said Theobald Lord Viscount Taaff Earl of Carlingford shall hold to him and his heirs at and under the same or like Tenures Rents and Services as the Officers and Souldiers by this Act are to hold any thing in this Act contained to the contrary notwithstanding And whereas Your Majesty by your Letters Patents under Your Great Seal of England bearing date the eight day of April in the year of our Lord One thousand six hundred sixty two and in the Fourteenth year of Your Majesties Reign was graciously pleased to grant to Richard Earl of Clanrickard and his Heirs the Honours Castles Lordships Seigniories Abbeys Abbey-lands and Impropriate Tythes Lands Tenements and other Hereditaments to the uses and in such manner as is therein mentioned Provided therefore That this Act or any thing therein contained shall not extend to or be construed to extend to vest in Your Majesty Your Heirs or Successors any Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes or other Lands Tenements or Hereditaments whatsoever which are granted or intended or mentioned to be granted by the said Letters Patents any thing in this Act contained to the contrary notwithstanding And be it Enacted by the Authority aforesaid That all and singular the Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes Lands Tenements and other Hereditaments whatsoever which are granted or intended or mentioned to be granted in or by the said Letters Patents shall be immediately without any previous Reprizal or other Incumbrance whatsoever vested setled and established and are hereby vested setled established in the said Richard Earl of Clanrickard his heirs to and for the uses intents purposes in such manner as is expressed set forth in by the said letters Patents to no other use intent or purpose or in any other manner whatsoever that the said Richard Earl of Clanrickard and his Heirs shall and may have hold occupy and enjoy the same to the Vses Intents and Purposes and by and under the Rents and Services in and by the said Letters Patents mentioned and reserved and by no other Rents or Services any thing in this Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or any cause matter or thing had made transacted or done to the contrary notwithstanding Saving to all manner of persons Bodies Politick and Corporate other then Your Majesty your Heirs and Successors and such as shall or may claim from by or under Your Majesty and other then such whose Estate would have vested or been in Your Majesty by the general scope words or intent of this Act if the above-Proviso were not had made inserted or mentioned in this Act and other then such who had held or were possessed of any of the Lands Tenements or Hereditaments by the said Letters Patents granted by or under any defeazable Right Title or Estate and other then such as shall or may pretend or claim any Right or Title thereunto in prejudice of any the Vses limited in and by the said Letters Patents by descent or by virtue of any Estate or Remainder in Tail from any the late Earls of Clanrickard all and every the Right Title Estate and Interest Nevertheless it is hereby declared and enacted That such persons their Heirs and Assigns to whom any of the lands belonging to the said Earl of Clanrickard have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first lands that shall come unto his Majesty in the Province of Connaught and County of Clare either by restoring of any persons to their Estates who were formerly Transplanted or otherwise any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid that the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being by and with the consent of the Privy-Council shall have full power and Authority to erect another College to be of the Vniversity of Dublin to be called by the Name of The Kings College out of all and every the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by vertue thereof to raise a yearly allowance for ever not exceeding Two thousand Pounds per annum by an equal charge upon every One thousand Acres or lesser quantities proportionably and therewith to endow the said College which said College so as aforesaid to be erected shall be setled regulated and governed by such Laws Statutes Ordinances and Constitutions as his Majesty his Heirs or Successors shall under his or their Great Seal of England or Ireland declare or appoint Provided nevertheless and be it Enacted by the Authority aforesaid That Robert Boyl Esq his Executors Administrators and Assignes shall and may for and during the term of Thirty one years have hold and enjoy all and singular the impropriations
and Interests as any other Letters Patents herein before mentioned to be Confirmed are subject unto Provided nevertheless That if his Majesty his Heirs or Successors or any of them shall think it fit or expedient for the better promoting of the Ends of the Declaration and Instructions and this present Act to revoke determine or make void all or any the said Letters Patents granted since the said Thirtieth day of November by vertue of any Warrants or Commands under his Majesties Signet or Sign Manual dated likewise since the said Thirtieth of November shall under the Great Seal of England or Ireland signifie or declare his or their Royal Will and Pleasure to revoke determine or make void them or any of them that then and immediately from and after such signification or Declaration of his or their Royal Will and Pleasure such and so many of the said Letters Patents as shall be therein Declared to be void shall cease and determine and become utterly void and of none effect and all and singular the Lands and Tenements in the said Letters Patents mentioned shall be again vested in his Majesty his Heirs and Successors for and to the same intent and purpose as the other lands hereby vested are vested and setled any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Declared and Enacted That where any Lands or Tenements shall be disposed of or any person or persons shall happen to be restored unto his or their Lands or Tenements by vertue of this present Act or by vertue of any Order Sentence or Decree made by the Commissioners for the execution thereof that then and in such case all and every the person and persons formerly seized or possessed of any the Lands or Tenements so as aforesaid restored or disposed of shall be and are hereby discharged and indemnified of and from all Suits Actions Prosecutions and Demands whatsoever touching or concerning the mean Rents Issues and Profits of the same this Act or any other Law Matter or Thing to the contrary notwithstanding Saving nevertheless unto all innocent persons their Heirs Executors and Assigns the Right and Title to the mean profits of their respective Lands and Tenements which have been received since the time of their several and respective Claims put in before the Commissioners heretofore appointed Provided alwayes and be it Enacted That the Forfeited Houses Lands Tenements and Hereditaments in the Town and County of Galway and elsewhere within the Province of Connaught now or late in the possession of Sir Thomas Clarges Knight or his Assigns shall remain and continue in his Majesty his Heirs and Successors to be disposed of as he or they shall think fit any thing in this Act contained to the contrary notwithstanding And be it futher Enacted by the Authority aforesaid That all and every the Adventurers their Heirs and Assigns respectively and all and every other person or persons having or claiming to have any Lands or Tenements for and towards satisfaction of moneyes adventured for Lands in Ireland or having or claiming to have as an Original Adventurer or by from or under any Adventurer his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty One full years value of the profits arising out of the lands possessed enjoyed or to be possessed or enjoyed as aforesaid to be paid at two several Payments within the space of two years by even equal payments the first payment thereof to be upon the first day of November which shall be in the year of Our Lord One thousand six hundred sixty two and the second day of payment to be upon the First day of November which shall be in the year of Our Lord one thousand six hundred sixty three And be it also Enacted by the Authority aforesaid That all and every the Souldiers their Heirs and Assigns respectively and all every other person or persons having or claiming to have any Lands or Tenements in Ireland for and towards satisfaction of any Arrears or Debentures or having or claiming to have as a Souldier or by from or under any Souldier his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty one full half years value of the profits arising out of the Lands possessed or enjoyed or to be possessed and enjoyed as aforesaid to be paid at one intire payment upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty two And if it shall happen that any Adventurer or Souldier or any other person claiming by from or under them or any of them shall make default of payment of all or any part of the said years value or half years value respectively herein before mentioned to be paid by the space of Twenty dayes after any of the said respective dayes or times wherein the same ought to be paid that then and immediately from and after such default made all and every the benefit and advantage which by vertue of this present Act doth or may accrue unto the person so making default his Heirs Executors or Assigns shall cease determine and be utterly void and of no effect and that it shall and may be lawful to proceed against such person and persons his Heirs Executors and Assigns and against his and their Lands and Tenements whereof he or they stand possessed as fully and amply as if he or they had not been comprized within this present Act any thing in this Act herein before contained to the contrary in any wise notwithstanding And to the end a due care may be had for the assessing and ascertaining the several and respective sums which ought to be paid by the Adventurers and Souldiers and those who claim by from or under them or any of them and likewise for the safe and orderly receipt collection thereof Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty at any time hereafter according to His good pleasure to issue out such other Commission and Commissions to be directed to such other persons not being any of the Commissioners for execution of the Declaration and Instructions and this present Act as his Majesty shall think fit which said other Commissioners so as aforesaid to be appointed or so many of them as in the said Commission or Commissions shall be directed shall have Power and Authority by vertue of this Act to impannel Iuries and examine Witnesses to administer Oathes to the parties concerned to cause the Lands to be viewed and surveyed and by al● or any of these wayes or by any other lawful way or means whatsoever to inquire into and inform themselves