or any of them or to their or any of their uses were seized or possessed upon the Two and twentieth day of October One thousand six hundred forty one Notwithstanding that the same were not seized sequestred or set apart upon the account of the said late Rebellion or War are and shall be and are hereby declared deemed and adjudged as from the said Three and twentieth day of October One thousand six hundred forty one forfeited and to have been forfeited to Your Majesties Royal Father of ever blessed memory and Your Majestie Your Heirs and Successors and they are hereby from the said Three and twentieth day of October One thousand six hundred forty and one deemed declared and adjudged to have been and to be in the real and actual possession and Seizin of Your Majesties said Royal Father and Your Majestie Your Heirs and Successors without any Office or Inquisition thereof found or to be found freed and absolutely discharged of and from all Estates tail and of and from all Feoffments and other Conveyances made before the Three and twentieth day of October One thousand six hundred forty one by any person or persons being Tenants in tail where the intail was not legally docked or barred by Fine or Recovery before the Three and twentieth of October One thousand six hundred forty and one and of and from all Titles and Estates derived by from or under such Conveyances and also of and from all and singular Remainders Reversions Rights Titles Interests Services Chiefries Vses Trusts Conditions Fees Rent-charges and Chattels real Mortgages Rights of Redemption of Mortgages Recognizances Iudgements Extents Rights of Action Rights of Entry Statutes and all other Estates challenges and demands of what nature or kinde soever to the intent that the same may be settled confirmed and disposed of to and for such use and uses as in and by the said former Act were limited and declared and are not by this present Act changed or altered and to and for such other use and uses as in and by this present Act are declared or appointed and not otherwise Saving to Your Majestie Your Heirs and Successors all and singular such Estate Right Title and Interest of in and unto any Lands Tenements and Hereditaments within this Kingdom which Your Majestie hath or ought to have in right of Your Crown in Ireland other than by virtue of the aforesaid Act or this present Act and otherwise than by one or more Inquisition or Inquisitions of Lands in the Province of Connaught or Counties of Limerick and Clare and the County of Tipperary found and returned in the time of the Earl of Straffords Government in this Kingdom which said Inquisition and Inquisitions is and are hereby declared to have been from the time of the taking thereof absolutely null and void to all intents and purposes as if the same had never been had nor taken other than such Right and Title as in and by a certain Act of Parliament passed in England intituled An Act of free and general Pardon Indemnity and Oblivion are mentioned or intended to be barred or extinguished Any thing in this Act contained to the contrary notwithing Provided always That this Act or any thing therein contained shall not be deemed construed or taken to forfeit unto or vest in Your Majestie Your Heirs and Successors any Honors Mannors Castles Houses Places Lands Tenements Hereditaments or Chattel real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate walled Towns in this Kingdom on the Three and twentieth day of October One thousand six hundred forty one 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 in their Politick capacity or to any other Colledge 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 any other person or persons particularly named in the Proviso contained in the vesting Clause of the said former Act and whose Estate was thereby expresly saved and excepted from being vested in your Majestie Provided likewise that this Act or any thing therein contained shall not vest nor be understood or construed to vest in your Majestie your Heirs or Successors or otherwise be prejudicial unto or take away any Estate Right Title Interest Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever from any Protestant or Protestants their Protestant Heirs Executors Administrators or Assigns whereof upon the Two and twentieth day of October One thousand six hundred forty one they were respectively seized or possessed or otherwise interessed or intituled or wherein they had any other Estate Vse Possession Trust Reversion or Remainder other than such Estate and Interest whereof they or any of them stood seized or possessed for the use of or in trust for any Irish Papist or Roman Catholick who by the Qualifications in the said Act hath not been adjudged innocent or any other forfeiting person or persons nor to any Iudgement or Decree which hath been obtained by any Protestant or Protestants in the late Court or pretended Court for Adjudication of Claims or in the Court of Exchequer or any the four Courts sitting at Dublin before the Two and twentieth of August One thousand six hundred sixty three or for which any Iudgement or Decree hath been confirmed had or made by the Commissioners heretofore appointed by his Majestie for the execution of His late gracious Declaration and Instructions or the aforesaid Act Nor to the vesting any the Lands Tenements Hereditaments or Chattels real Right Title Service Chiefry Vse Trust Condition Fee Rent Charge Chattel real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever of any Papist who by the Commissioners appointed for the execution of the aforesaid Act hath been adjudged innocent or the Heirs Executors Administrators or Assigns of any such Papist who hath been so adjudged innocent And it is hereby declared That no person or persons who by the Qualifications in the said former Act hath not been adjudged innocent shall at any time hereafter be reputed innocent so as to claim any Lands or Tenements hereby vested or be admitted to have any benefit or allowance of any future Adjudications of innocence or any benefit of Articles whatsoever but that they and every of them and all and every person and persons claiming by from or under them or any of them shall be and are hereby barred and excluded of and from
in which retrenchment the unprofitable Lands as well as profitable are to be reckoned and parted with together in like manner and proportion as the same were set out together according to the said Surveyes and in default of due retrenchment and cutting of the overplus in such manner as the Commissioners shall approve and within such time as the Commissioners shall direct the Commissioners shall cause the overplus to be set out and ascertain the residue whereof possession is to be retained in such manner as they shall think fit observing therein rules of contiguitie and conveniencie asmuch as may be and reserving to him or them his or their house and the improvement about it and the like rule is to be observed in the retrenchment to be made of the overplus of such Lands which have been set out in satisfaction of any Adventurers upon the Ordinances commonly called the doubling Ordinances and in the retrenchment which is to be made from the Protestant purchasors in Connaght and Clare and where any Adventurer or Souldier or the Heir Executor Administrator assignee or assignes of any Adventurer or Souldier shall be found to be possessed of less Land than his or their full two third parts will amount unto according to the rules of this Act that then and in such case it shall and may be lawful for him or them to continue and retain the possession of what he or they have and that the residue of what is wanting to make up his or their full two third parts as aforesaid be forthwith set out and made up out of some other forfeited Land to be allotted set out and ascertained by the Commissioners as aforesaid and as neer as may be with convenience to the Lands in his or their present possession any thing in the former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their heirs Executors assignee or assignes who upon the Seaventh day of May One thousand six hundred fifty and nine were or ought to have been possessed of any Lands Tenements or Hereditaments set out for satisfaction of any Adventurers or arrears not since decreed away by such decrees as are herein confirmed shall and may retain the Lands in his or their possession or so much thereof as by the Commissioners for Execution of this Act shall be adjudged to amount to his or their full two third parts any mistake or Misnomer of the County or Barony wherein the Lands set out for Adventures or arrears and so possest do lie to the contrary notwithstanding And it is likewise declared that the Adventurers and Souldiers their Heirs Executors and assigns who have voluntarily relinquished or been removed from the Estate of James Duke of Ormond and put into possession of any other Lands in the County of Catherlagh not since decreed away from them and all others who have relinquished any Lands whereof they were possest the Seaventh day of May One thousand six hundred fifty and nine in obedience to his Majesties Letters and have since been removed to other Lands not decreed away from them shall have like libertie of retaining the Lands whereof they are now possest or so much thereof as shall be adjudged to amount to his or their full two third parts as he or they might have had if they had been so possessed upon the Seaventh day of May One thousand six hundred fifty and nine and what is wanting of two third parts shall be made up and supplied by the Commissioners out of some other forfeited Lands by them to be allotted And be it further Enacted by the Authority aforesaid that all and every the deficient Adventurers and the Heirs Executors assignee or assignes of such deficient Adventurers who are to be satisfied for two full third parts of such their deficiencies in quantity of acres to be set out and allotted as aforesaid And all and every other the Adventurers Souldiers Protestant Purchasors in Conaught and Clare their Heirs Executors Administrators and Assigns respectively to whom any Lands Tenements or Hereditaments are by the rules of this Act to be set out and allotted for the supply and making up of his and their full two third parts shall be satisfied in the same Barony and County or in the next Barony and County neerest in value to their respective deficiencies and allotments if the same can conveniently be done And in order hereunto the Lord Lieutenant or other chief Governor and Governors and Council for the time being are hereby enjoyned to settle and declare the several degrees of values of the respective Counties and Baronies which declaration shall be a rule and guide to the Commissioners in execution of any part of this Act where the considerations of values shall be necessary or material And where any Adventurer his Heirs Executors Assignee or Assignes shall be found to be deficient in part and yet to have more Lands in one particular Barony or County than his or their lot in that particular Barony or County would have amounted to it shall and may be lawful to and for him or them to retain and keep in his or their own possession so much of the overplus whereof he or they shall be possessed in one Barony or County as shall be judged equal by the Commissioners for and towards the satisfaction of his and their deficiency in any other Barony or County so always that the whole which he or they shall so retain exceed not the due proportion of full two third parts which he or they ought to have according to the rules aforesaid And where any Adventurer or Souldier or the Heirs Executors Administrators or Assigns of any Adventurer or Souldier shall be found to have more Lands in his or their possession than will satisfie the two third parts which he or they ought to have by the rules of this Act and yet shall have no deficiencies of their own to place upon such overplus that there and in such cases it shall and may be lawful to and for such Adventurer and Souldier his and their Heirs Executors Administrators or Assigns to buy in and purchase of any other Adventurer or Souldier or the Heir Executor Administrator or Assignee of any Adventurer or Souldier his or their right and title in and to the satisfaction of any deficiencies within the same Province which are satisfiable by the rules of this Act and to be satisfied for the right and title so bought and purchased as aforesaid by retaining the overplus Land whereof he or they were seized or so much thereof as shall not exceed the due proportion of two full third parts which ought to be applied to the satisfaction of such deficiencies And be it further Enacted by the Authority aforesaid That where any Adventurers or Souldiers Commission'd Officers who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Conaught or Clare before the
be as against the said Duke or Dutchess their Heirs and Assignes utterly barred and extinguished Saving nevertheless to the said Duke and Dutchess their Heirs and Assigns and to such other person and persons as are concerned in the uses expressed in one Quadripartite Deed bearing date the twentieth day of December One thousand six hundred sixty one the full benefit and advantage of all such Tenures chief-rents and other services as the said forfeited and forfeitable Lands and Tenements were held by other than the benefits and advantages of Wardships and Tenures by Knights Service in as full and ample manner as the said Duke and Dutchess did hold or enjoy or might have held or enjoyed the same upon the Two and twentieth day of October One thousand six hundred forty one or at any time since Saving also to the said Duke and Dutchess of Ormond their Heirs and Assigns the benefit of all forfeited and forfeitable Estates vested in His Majestie and held of them or either of them as aforesaid their or either of their Ancestors and which were never allotted to any Adventurer or Souldier in which words it is hereby declared That the Estates allotted or set out to any Souldier for service in England or elsewhere other than in Ireland are not to be understood or comprehended nor the Estate of any Adventurer upon the doubling Ordinances for more than such Adventurer is to have by the rules of the said former Act for the sum by him disbursed as other Adventurers nor the estate of any Adventurer who claimeth for sea-service nor the estate allotted to any person whatsoever by the free gift of the late Vsurpers or of the then usurped Government but that all such estates shall be and remain unto the said Duke and Dutchess their Heirs and Assigns as they did or ought to have been at any time before the making of this Act And also saving unto the said Duke and Dutchess their Heirs and Assigns the full benefit and advantage of all other matters and clauses in the said Declaration former Act contained not herein hereby expresly changed and altered and by the said Duke Dutchess waved parted withall which are hereby declared to remain and be in full force as they were before the makng of this Act. And whereas the most part of the Houses and Lands in the City of Kilkenny and in the several Towns of Clonmel Carrick Callin and Inistioge Traly and Dingle and in the Suburbs and Liberties of the said City and Towns were held the Three and twentieth day of October One thousand six hundred forty and one of the said Duke of Ormond either in his own right or in right of the said Duke or Dutchess his wife by reason whereof the forfeited and forfeitable interest of any person or persons in the said houses and lands were not by the said Declaration and former Act to be settled in any Adventurers or Souldiers or any other person whatsoever other than the said James Duke of Ormond and his Heirs of which Concession if the said James Duke of Ormond did take the advantage and full benefit as he might the same would tend to a great diminution of the security designed for satisfaction of the Commissioned Officers serving in Ireland before the fifth day of June One thousand six hundred forty and nine And be the said James Duke of Ormond might likewise as a Commissioned Officer charge the remain of the said security with his arrears amounting to Threescore thousand pounds sterling accompting to the tenth of December One thousand six hundred and fifty yet is content to accept of the said Houses and Lands in full discharge of his said arrears Be it therefore Enacted by the Authority aforesaid That the said James Duke of Ormond shall have hold and enjoy to him and his Heirs in full satisfaction and discharge of the said arrears all and singular the forfeited and forfeitable Houses and Lands lying and being in the said City and in the said several Towns and in the Suburbs and Liberties thereof other than what hath been given out to Adventurers and Souldiers and by them their Heirs or Assigns were possessed upon the seventh day of May One thousand six hundred fifty and nine Any thing in this or the said former Act to the contrary notwithstanding He the said James Duke of Ormond and his Heirs paying and satisfying to His Majestie his Heirs and Successors yearly for ever out of the said Houses and Tenements in the said City and several Towns and in the Suburbs and liberties thereof one shilling six pence yearly out of every twenty shillings yearly rent which shall be had or answered out of the said Houses or Tenements And the said Vice-treasurer is hereby further required and enjoyned to issue out and pay the whole residue of the said three hundred thousand pounds unto such person and persons as his Majestie already hath or hereafter shall appoint as a Reward of their Eminent services and sufferings for His Majestie or His Royal Father And for preventing of all doubts which may arise in the issuing and payment thereof It is hereby declared that the same shall principally and in the first place be applyed to and for the payment and discharge of such summs of money as his Majestie did heretofore appoint to be payd out of the half years Rent payable by Adventurers and Souldiers by the said former Act That is to say to and for the payment and discharge of such summ or summs of money appointed by His Majestie to be payd to his Grace James Duke of Ormond or so much thereof as is in arrear and also for the payment and discharge of so much money as the half years Rent payable by Adventurers and Souldiers in the Counties of East and Westmeath Wexford and Kilkenny would have amounted to in case the same had not been discharged by this present Act which shall now be payd out of the residue of the said three hundred thousand pounds unto the Assignee of the half years Rents in the Counties aforesaid deducting only what hath been already received And be it further Enacted declared and explained by the Authority aforesaid That all the Honors Mannors Castles Messuages Lands Tenements and Hereditaments of the Regicides in the said former Act named and of all other seized or possessed in trust for them or any of them or claiming by from or under them or any of them which by the said former Act were or ought to be vested in His Royal Highness James Duke of York and Albany Earl of Ulster c. and his Heirs and of all other persons excepted in the Act passed in the Parliament of England intituled an Act of free and general pardon Indemnity and Oblivion or His Majesties late gracious Declaration and Instructions in the said former Act mentioned whose estates are not otherwise disposed other than the lands of such purchasors for valuable consideration from any of the said Regicides who have
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
whether the said estate tail be not extinct in law by the forfeiture of the said Lord Clanmalira whose claim of innocence hath not been allowed and so by consequence the reversion granted to Sir Henry Bennet now Lord Arlington as aforesaid come to take effect in present possession Be it further Enacted by the Authority aforesaid That the said Sir Henry Bennet now Lord Arlington shall and may enter into and upon and shall have hold and enjoy to him and his Heirs all and singular the Messuages Mannors Lands Tenements and Hereditaments whereof Lewis Lord Vice-Count Clanmalira or any other person in trust for him was seized or possessed the two and twentieth of October One thousand six hundred forty one in as full and ample manner as the said Sir Henry Bennet now Lord Arlington might have held or enjoyed the same by virtue of the said Letters Patents in case the said estate tail had been spent or expired or otherwise determined or extinguished which said Letters Patents and all and every the clauses therein contained are hereby confirmed and declared to be good valid and effectual in law to all intents and purposes and that all and every the Adventurers and Souldiers their Heirs Executors Assignee or Assignes who are to be removed in order to the quiet and peaceable possession of the said Sir Henry Bennet now Lord Arlington shall be satisfied their full two third parts respectively in like order and manner to and with other Adventurers and Souldiers any clause matter or thing in this or the said former Act contained to the contrary in any wise notwithstanding And Whereas Francis Lord Aungier in and by the said former Act was intitled unto some part of the premisses amounting to the value of two hundred pounds per annum or there abouts which as is alleaged lyeth so intermixt with the residue of the said estate that the same cannot without great inconvenience be continued in the possession of the said Francis Lord Aungier in such manner as now it is held Be it therefore Enacted That the said Sir Henry Bennet now Lord Arlington his Heirs or Assignes shall before the first day of January next ensuing convey and assure unto the said Francis Lord Aungier his Heirs and Assignes so much of the premisses as Arthur Earl of Anglesey and Roger Earl of Orrery or the surviver of them shall by any writing under his or their hands and Seals before that time to be made declare and appoint in lieu and recompence of the estate of the said Francis Lord Aungier of and in the premisses and in default of such Declaration and appointment or of the performance thereof the said Francis Lord Aungier shall hold and enjoy to him and his heirs the Messuages Lands and Tenements whereof he is now in possession and to which he stands intitled by the said former Act according to the tenor thereof any thing in this present Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That there shall be and is hereby constituted and erected an office or place of Register to the Commissioners for Execution of this Act who shall take care that due entries be made of all Retrenchments of any third part or other proportion of lands to be cut off from any Adventurer or Souldier their Heirs and Assignes and the valuations thereof and of all Decrees and certificates to be made by the Commissioners for Execution of this Act and of all other the proceedings in order to the service of this Act which are fit and proper to be Registred And that the said Office or place shall be held by Sir John Percival Baronet during his natural life to be exercised by himself or his sufficient Deputy and that the said Sir John Percival by himself or his Deputy shall be and is hereby impowred and required to have the care and custody of all claims certificates plots surveyes except such as relate to the Office and imployment of the Surveyor General Debentures Duplicates Entries and copies of them Returns of Commissions Valuations Examinations Affidavits Reports Rols and all other publique Books Papers writings and Records whatsoever which any the Commissioners or Sub-Commissioners for the service of this Act shall use in such Office or place wherein they sit and which shall be dependant on the said service or relating thereunto and all persons who have any of the like Books or Papers aforesaid which have been used in or towards the Execution of the said former Act shall forthwith deliver the same or cause the same to be delivered to Sir John Percival And to the end that no fraud or deceipt may be used herein nor any of the said writings or Records be imbeizeled the Lord Lieutenant or other chief Governour or Governours of Ireland for the time being and the Council there shall have power to send for any person or persons whom they shall suspect to have any of the writings or Records-aforesaid and to examin him or them upon his or their Oathes touching the same and to commit to prison such person or persons as shall refuse to be examined or being examined shall refuse to deliver such Books Papers and Records relating to the service of the said former Act as shall appear to be in his or their hands or which they can come by And further the said Sir John Percival by himself or his Deputy and by such under Clerks for which he will be responsible shall from time to time attend such Commissioners and transcribe Copy Prepare Register Enter Draw up and enrol or cause to be transcribed Copied Prepared Registred Entred Drawn up and enrolled all and every the Decrees Iudgements Orders Warrants Summons Injunctions Reports and certificates of any of the Commissioners or Sub-Commissioners for Execution of the said former Act not already enrolled or entred or of any the Commissioners or Sub-Commissioners for the service of this Act for the time to come and shall also Act and do or cause to be Acted and don all and every the matters and things which doe or may any way concern the Office of Register or other the premisses as fully and amply as any Register or Registers to the Commissioners for Execution of the said former Act and his and their Clerks did or ought to have done he and they taking therefore such Fees only and no other as by the Lord Lieutenant or other cheif Governour and Governours of Ireland for the time being shall be held reasonable which Fees he and they are hereby enabled to receive and recover accordingly And it is hereby declared and enacted That the said Sir John Percival shall yearly and every year during the Execution of this and the former Act account for and pay unto the Lord Lieutenant or other cheif Governour and Governours of Ireland one full third part of the cleer annual Profits of the said Office the necessary charges to be expended in and about the Execution thereof being
have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to Agmondisham Muschamp Esq his deceased Father as Lieutenant of the Ordinance in Munster and a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty and nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Sir Alexander Keith Knight would have been lawfully intitled to the payment of and satisfaction for the Arrears due to Lieutenant Colonel George Keith as a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been stated and allowed within the time limited as aforesaid And whereas also Captain John Annesley served in Ireland as a Commissioned Officer before the fifth of June One thousand six hundred forty nine and ought to be satisfied and paid the Arrears due to him for such service if the same had been timely stated and allowed as aforesaid And whereas also Margery Symmes the relict of Major John Symmes would have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to the said Major John Symmes her deceased Husband as a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Colonel Robert Broughton and Widow Cooper late wife of Josuah Cooper Major in Sir Foulke Huncks Regiment would have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to them the said Robert Broughton and Josuah Cooper for service done in Ireland before the fifth of June One thousand six hundred forty nine that is to say from the four and twentieth of May One thousand six hundred forty two until the six and twentieth of January One thousand six hundred forty three if the same had been duely stated so farr and allowed within the time limited by the said Act And whereas Horatio Woodhouse Brother and Administrator of Sir Michael Woodhouse would have been lawfully intitled unto the payment of and satisfaction for the arrears which were due to him the said Sir Michael Woodhouse for service done in Ireland as a Commissioned Officer before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said Act which several arrears could not be stated or allowed within the time limited by the said former Act for stating arrears by reason that the Commissioners for Execution of the said former Act was streightned in time when they entred upon that worke and by reason of some other accidents which did intervene Be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and before any distribution made of the Securities set apart for the satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine cast up and state the respective arrears which were due to David late Earl of Barrymore James Barry Agmondisham Muschamp and Lieutenant Colonel George Keith and Captain John Annesly Major John Symmes Colonel Robert Broughton and Josuah Cooper and Sir Michael Woodhouse for service as aforesaid and after the arrears so stated the said Alice Countess of Barrymore Denny Muschamp Sir Alexander Keith Captain John Annesly Margery Symmes Colonel Robert Broughton and Widow Cooper and Horatio Woodhouse respectively shall be satisfied and paid for all and every the respective arrears to which they are mentioned to be intitled as aforesaid as fully amply and in like proportion and manner as any other Commissioned Officer who served before the fifth of June One thousand six hundred forty nine ought to be and as if the said respective arrears had been stated and allowed within the time limited by the said former Act any thing in this or the said former Act to the contrary notwithstanding Provided alwayes and be it Enacted That all and singular the lands Tenements and Hereditaments in the Barony of Imokelly in the County of Cork granted or mentioned to be granted by his Majestie in and by certain Letters Patents under the Great Seal of Ireland bearing date _____ unto Sir Henry Tint Deceased which have not been Decreed away by the Commissioners for the Execution of the said former Act shall be held and enjoyed by the Lady Mabel Tint relict of the said Sir Henry Tint for and during her life and after her Decease by the Son and Heir of the said Sir Henry Tint and his Heirs during the estate granted by the said Letters Patents and that where any of the lands in the said Letters Patents mentioned have been evicted or hereafter shall be evicted by virtue of any Decrees made by the said Commissioners it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governours and Council there for the time being to make and Order such proportionable Defalcation of the Rent reserved in and by the said Letters Patents as they in their judgement shall think fit and such Order of Defalcation enrolled in His Majesties Court of Exchequer shall be as good and effectual as if it had been Enacted by these presents any thing in the said Letters Patents or this Act to the contrary notwithstanding Provided also and be it Enacted That Francis Lye of Rathbride Esq Son of John Lye Deceased shall hold and enjoy to him and his Heirs all and singular the lands Tenements and Hereditaments situate in the County of Kildare or elsewhere in the Kingdom of Ireland granted or mentioned to be granted in and by certain Letters Patents under the Great Seal of Ireland bearing date the tenth day of May in the fifteenth year of His Majesties Raign and not since Decreed away by the Commissioners for Execution of the said former Act in as full and ample manner as in and by the said Letters Patents is mentioned any thing in this or the said former Act to the contrary notwithstanding And Whereas Nicholas Lord Vice-count Nettervill who claimed an estate Call to him and the Heirs males of his body of and in certain lands in Ireland was by the Commissioners for Execution of the said former Act adjudged nocent but the younger Brothers and Sisters of the said Lord Vice-count have by the judgement and Decree of the said Commissioners recovered their several and respective remainders expectant upon the Death of the said Lord Vice-count without issue Male and also their several and respective portions chargeable on the estate of the said Lord Vice-count and by reason thereof were intitled to the present possession of the said estate in order to the satisfaction of their respective portions and when the said portions should be satisfied Edward Smith Esq
Hugh Earl of Mount-Alexander and his Hiers with benefit of reprizal in case of restitution as Adventurers by the said former Act ought to have had as in and by the said former Act more at large appears since which time the Commissioners for execution of the said former Act have by their Decree adjudged James Allen to be innocent and restored the said Lands to the said James Allen and his Heirs against which Decree an appeal was made to His Majestie by a Petition exhibited by William Montgomery Esq on the behalf of the now Earl of Mount-Alexander an Infant Sonn Heir of Hugh late Earl of Mount-Alexander on hearing of which case and on the defence made by Colonel Richard Talbot to whom part of the lands restored by the said Decree were for good and valuable considerations and by sufficient assurances in Law legally conveyed by the said James Allen His Majestie thought not fit to alter the said Decree or weaken any of the said assurances His Majestie is therefore graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot or cause to be set out and allotted unto the now Earl of Mount-Alexander his Heirs and Assignes so much other undisposed forfeited lands as may be equal in quantity of acres unto two full third parts of the lands so evicted and recovered by Decree as aforesaid and that Letters Patents shall be thereof passed in like manner and shall be of like effect as any other Letters Patents granted by virtue of this Act are or ought to be And whereas in and by certain Letters Patents passed under the Great Seal of Ireland and bearing date the Seaventh day of March in the twelfth year of the Raign of His Majesties Royal Father the Territories and precinct of Feartry in the County of Wicklow and certain other Mannors lands and Tenements in the said Letters Patents contained were thereby given and granted unto Sir John Coke knight and his Heirs his late Majesties principal Secretary of Estate And whereas Thomas Coke late of Grayes-Inn in the County of Middlesex His Majesties Sollicitor Generall sonn of the said Sir John Cooke Deceased was in his life time lawfully seized of or otherwise intitled unto the said Territory and precinct of Feartry and other the lands and Tenements in the said Letters Patents contained the Inheritance whereof after the Death of the said Thomas Coke Deceased did descend and come or of right ought to have descended and came unto _____ Coke an infant onely Sonn and Heir of the said Thomas Coke Deceased Be it therefore Enacted by the Authority aforesaid That no sequestration or allotment of any of the lands or Tenements in the said Letters Patents contained to any Adventurer or Souldier shall any way Barr or weaken the right or title of him the said _____ Coke in or the said lands or Tenements but that he the said _____ Coke shall and may hold enjoy the same to him and his Heirs according to the tenor and effect of the said Letters Patents any thing in this or the said former Act contained to the contrary notwithstanding And whereas in this and the said former Act great care is taken of the relict and Heirs of Sir Simon Harcourt Knight Deceased upon whom his Majesties Royall Father did by Letters under his Privie Signet appoint that lands of the value of four hundred pounds per annum to be taken out of the forfeited estate of Luke Nettervill should be settled part of which estate together with certain Houses in Dublin were set out accordingly and the relict and Heirs of Sir Simon Harcourt thereof possessed at the time of His Majesties late Gracious Declaration and so still are which lands and Houses together are as is alleaged still short of the value of four hundred pounds per annum intended to be settled as aforesaid It is therefore Explained and Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Philip Harcourt Knight son and heir of Sir Simon Harcourt Knight to hold and enjoy to him and his heirs the houses in the City of Dublin so as aforesaid set out and possessed so as the houses and lands together do not exceed the value of Four hundred pounds per annum Any thing in this or the said former Act contained to the contrary notwithstanding And whereas Thomas Cunningham and Captain Lewis Dick in the year One thousand six hundred forty two pretended to have performed acceptable services against the then Rebels in Ireland by hindering provision coming to them by Sea and by relieving the English Garrisons which were in distress wherein they so far gained belief as that they obtained from the Treasurer for the Irish Adventurers and acknowledgement that they paid in Seven thousand pounds as money adventured and for which they likewise had a certificate from the Committee of Adventurers sitting at Grocers-Hall in London And howbeit the said Thomas Cunningham or Captain Lewis Dick never did any service on the coast of Ireland according to the said undertaking nor paid in any money as other Adventurers did yet by colour of the said certificate there were set out for the said Seven thousand pounds the number of fifteen thousand five hundred fifty and five acres of Land in the County of Tipperary and Limerick whereof they the said Thomas Cunningham and Captain Lewis Dick or their Assigns were possessed the seventh of May One thousand six hundred fifty nine Now least by the general rule of the present settlement the said number of acres or two third parts thereof so unduly obtained as aforesaid should be secured to the said Thomas Cunningham and Captain Lewis Dick or their Assigns His Majestie is graciously pleased that it be Enacted and be it Enacted by the Authority aforesaid That the said fifteen thousand five hundred fifty five acres so set out as aforesaid for and on pretence of the said Seven thousand pounds shall be remain and continue and are hereby vested in his Majestie His Heirs and Successors for ever Provided nevertheless That if the said Thomas Cunningham and Captain Lewis Dick their Heirs or Assigns shall within two months after the Royal Assent shall be actually given to this present Bill make it appear by full and clear proof before the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland that the said Adventure money of Seven thousand pounds was really and bona fide issued and paid in pursuant to the several Acts made by His late Sacred Majestie for reducing the Rebels of Ireland then they shall have the like benefit and advantage by the said Adventure and out of the said fifteen thousand five hundred fifty five acres as other Adventurers are to have by virtue of this present Act. Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours
to the payment of such further Quit-rents as any other lands within the same County or Province are Subject unto And the Commissioners for Execution of this Act are hereby required with all convenient Speed to set out and allot unto all and every the Adventurers and Souldiers their Heirs and Assignes who shall be dispossessed by the restitution of the said Marquess so much other forfeited land as may be sufficient to reprize and satisfie the persons so to be removed for their several and respective two full third parts which will be due to them by the rules of this Act And for the better enabling the said Marquess of Antrim to pay his Debts when he shall be restored by sale of land or otherwise which cannot well be done unless the Reversion or remainder in Fee expectant upon the said estate Tayle be taken out of the Crown It is therefore Enacted by the Authority aforesaid That all and singular the lands and Tenements so as aforesaid appointed to be restored And all and every the reversion and reversions remainder and remainders thereof shall be and are hereby vested and settled in Alexander MacDonnell Brother of the said Marquess and his Heirs as a remainder in Fee expectant upon the Death of the said Marquess without issue male Provided alwayes and it is hereby Enacted that no fine recovery or other Act or thing whatsoever to be done or suffered by the said Marquess other than Leases for one and forty years or three lives in possession and not in reversion whereupon the Highest improved Rent which the same were let for in the year One thousand six hundred thirty and five shall be reserved touching or concerning any the Messuages lands Tenements or Hereditaments situat lying within the Barony of Donluce in the County of Antrim shall any way extend to Barr discontinue defeat or incumber the remainder thereof intended by this Act to be settled upon the said Alexander but that the said messuages lands Tenements and Hereditaments in the Barony of Donluce in the County of Antrim shall after the Death of the said Marquess without issue male of his Body remain and be in the said Alexander Mac Donnel and his Heirs Any such Fine Recovery or other Act or thing done or suffered to the contrary notwithstanding Nevertheless it is hereby declared That as to all other the Lands and Tenements so as aforesaid to be restored it shall and may be lawful to and for the said Marquess by Fine Recovery or any other way be shall think fit to bar discontinue defeat or incumber the remainder thereof so limited and settled as aforesaid Provided always and it is Enacted That nothing herein contained shall any way extend to restore the said Marquess of Antrim to the possession of any Lands which he the said Marquess or his father did heretofore grant or convey in Fee Farm to any forfeiting person or persons not declared innocent or to the possession of any lands whereof he the said Marquess or His Father did make any Lease for lives or years to any forfeiting person or person not declared innocent during the lawful continuance of such Lease but that the Lands so granted in Fee Farm or Demised as aforesaid shall be put into the possession of such person and persons for and towards the satisfaction of their two third parts as would have been intitled to the same if the said Decree had not been made nor the said Marquess hereby restored Any thing herein before contained to the contrary notwithstanding saving to the said Marquess and his heirs the Rents and Services due and to be due for the premisses Provided also That nothing herein contained shall any way extend to bar or hinder Rose Lady Marquess of Antrim of her Right and Title of Dower of in or to any the Lands Tenements or Hereditaments so as aforesaid to be restored but that it shall and may be lawful to and for the said Lady Marquess after the death of the said Lord Marquess her husband to sue for and recover her Dower of the said Lands and Tenements Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith and without staying for any previous Reprizal set out restore and allot or cause to be set out restored and allotted unto the said Alexander Mac Donnel and his Heirs all and singular the Lands Tenements and Hereditaments in the Barony of Glanarm in the County of Antrim which were settled or intended to be settled upon him the said Alexander Mac Donnel by his late father and all other the Estate Right Title and Interest whereof he the said Alexander Mac Donnel or any other in trust for him was seized or possessed upon the two and twentieth day of October One thousand six hundred forty and one Impropriations and appropriate tythes excepted subject to the debts and Incumbrances of him the said Alexander Mac Donnel and such other debts as were thereupon charged by the Father of the said Alexander and lyable to a proportionable part of the Rent-charge granted to Alice Countess of Antrim and to such Quit-Rents as by this Act are payable for lands in the same Province Any thing in this or the said former Act contained to the contrary notwithstanding And to prevent all Riots or Disturbances which may happen in taking or keeping possession of the premisses before the final settlement thereof It is further Declared That so much of the premisses hereby intended to be restored to the said Marquess whereof the said Marquess by himself or his Vnder-tenants was in possession upon the first of July One thousand six hundred sixty and five shall remain and continue in his and their possession until restitution be thereof made by the Commissioners as aforesaid And that the Adventures and Souldiers their Heirs and Assigns may retain so much of the premisses hereby intended to be restored to the said Marquess and the said Alexander Mac Donnel whereof they were in in possession the said first of July One thousand six hundred sixty five until restitution be thereof made by the said Commissioners as aforesaid And that Alexander mac Donnel may enter upon all the premisses hereby intended to be restored to him which are not in possession of Adventurers or Souldiers their Heirs or Assigns and the same to retain and keep in his possession until restitution thereof be made by the Commissioners as aforesaid And be it further Enacted by the Authority aforesaid That the Mannor of Edenduffcarick and all other the Lands Tenements and Hereditaments in the Baronies of Toom and Antrim which were given and bequeathed to Rose Lady Marquess of Antrim by the last Will and Testament of Sir Henry O Neile her deceased Father shall be held and enjoyed by the said Lady Marquess and her Heirs Any Prosecution had against the said Lord Marquess her Husband or any other matter
Assignes in the distribution and setting forth of the securitie appointed for the satisfaction of the arrears of the Commissioned Officers who served your Majestie and your late Royal Father in Ireland before the fifth of June One thousand six hundred forty nine shall have the preference preemption of all the forfeited houses lands tenements and Hereditaments in the town of Youghill or the liberties thereof belonging unto and which are part of the said securities at the rate of Eight years purchase as they are or shall be found to be really and Bonâ Fide worth and that Arthur Earl of Anglesey Vice-treasurer of Ireland his heirs and Assignes shall have like preference and preemption of all the forfeited houses lands tenements and hereditaments in the town of Rosse in the County of Wexford or the liberties thereof belonging unto and which are part of the said securities at the rate of eight years purchase as they are or shall be found to be really and Bonâ Fide worth and if any doubt or difficulty shall arise concerning the value of the said houses or lands so as the Trustees for the said Officers shall not be satisfied with the return already made of the value of the same that in such case upon the desire and request of the said Trustees there shall be a new Survey and valuation of the said towns liberties thereof by such persons as shall be appointed by the Commissioners for the Execution of this Act by and with the consent of the said Trustees according to which return the said Houses Lands Tenements and Hereditaments are to be sold and not otherwise And in case the said Earls their Heirs and Assignes or any of them shall offer unto the said Commissioners for the execution of this Act any Debentures of Officers who served as aforesaid before the fifth of June One thousand six hundred forty nine for or in part of payment for all or so much of the said Houses and premisses in the said several towns as shall be by them respectively contracted and agreed for that the same shall be allowed and the said Commissioners are hereby authorized and required to accept and receive the same for all or in part of the purchase money so as the said Debentures are capable of prior satisfaction and there has been such Deductions and defalcations made as are directed by this Act and the said former Act and shall not be accepted to satisfie more in the pound than the whole security will hold out to satisfie the Debentures of the rest of the said Officers the said Commissioners are also required authorized to give such certificates as are necessary for the passing of Patents thereof according to the rules of this Act. And whereas there is a Lease granted of a House in Dublin called Corke house with the appurtenances unto the Right Honourable Richard Earl of Corke and Burlington by the name of Richard Earl of Corke Lord High-treasurer of Ireland from James Margetson Doctor of Divinity Treasurer of the Cathedral Church of St. Patricks Dublin by the approbation of the Archbishop of the same Diocess and in obedience to his Majesties Letters of Recommendation to that purpose dated the twentieth of July One thousand six hundred sixty and confirmed by the several Deans and Chapters both of the Holy Trinity Dublin and St. Patricks Dublin bearing date the three and twentieth of January One thousand six hundred sixty for the term of forty years from the Feast of the Nativity of our Blessed Saviour then last past which was made upon good and valueable considerations Be it therefore Enacted and it is hereby Enacted and ordained by the Authority aforesaid That the said Richard Earl of Cork and Burlington his Executors and Assigns shall and may have hold and enjoy the said house with the appurtenances mentioned in the said Lease for and during the years therein mentioned at the Reservations thereby reserved Any thing in this Act or any other former Act or Statute to the contrary notwithstanding Provided alwayes and be it Enacted That all and singular the Lands Tenements and Hereditaments which Arthur Lord Vice-Count of Valentia and Earl of Anglesey hath purchased from any person or persons in actual possession thereof by virtue of any Grant Order or Disposition of the late Vsurped Powers or any of them the Lands and Tenements Decreed away by the Commissioners for the execution of the said former Act onely excepted shall be settled and are hereby granted and confirmed unto him his Heirs and Assigns and he and they shall have hold and enjoy the same and that for such of the said estates or any part thereof as have or hath been Decreed away as aforesaid or shall be decreed away in pursuance of this Act by the Commissioners appointed or to be appointed for the execution thereof the said Earl His Heirs and Assigns shall forthwith be fully reprized for the same and without any Retrenchment by the said Commissioners by so much forfeited lands as may be sufficient to make up and supply unto the said Arthur Earl of Anglesey his Heirs and Assigns what was or is granted or intended to be granted by the said Act or by this Act And the said Earl his Heirs and Assigns shall have hold and enjoy all other the benefits and advantages in and by the said former Act given granted or provided or intended to be given granted or provided to or for the said Earl his Heirs or Assigns Any thing in the said former Act or in this present Act or otherwise to the contrary notwithstanding And be it further Explained Declared and Enacted by the Authority aforesaid That all and every payment and payments sum and sums of money which are and shall be made by any Adventurer Officer and Souldier Connaght-Purchasor Irish Papist Popish Recusant Roman Catholick or others out of or for any of the said forfeited vested or escheated Lands Tenements Hereditaments and Estates by virtue or in pursuance of His Majesties said Declaration Instructions the said former or this present Act or by all every or any of them to or for any use or uses intent end or purpose therein respectively mentioned expressed declared limited or appointed Excepting onely the Quit-Rents and other Chief-Rents reserved and payable unto His Majestie His Heirs and Successors and such other sums as are herein otherwise directed to be paid shall be paid for the said uses intents and purposes into the hands of John Bence and Alexander Bence Esquires or either of them who are hereby constituted and appointed joyntly and severally to collect and receive the same and to be Collectors and Receivers thereof by themselves or their Deputy or Deputies respectively whose Acquittance or Acquittances Receipt or Receipts for the said several and respective payments sum and sums of money being entred and signed as after is directed shall be firm valid effectual and sufficient discharges in Law for the same respectively And to the end our
first of September One thousand six hundred sixty and three his or their Heirs Executors Assignee or Assignes who are not by the rules of this Act to be removed have been already removed or kept out from the possession of what they held or ought to have held on the Seventh of May One thousand six hundred fifty and nine yet neither by virtue of any Decrees made by the Commissioners for execution of the said former Act nor by virtue of any Proviso or Clause in the said Act contained or any other legal proceedings in which words Legal Proceedings Custodiams or any other Grant or Patent not confirmed or otherwise provided for by this Act and the proceedings thereupon are not intended to be comprehended that then it shall and may be lawful to and for the Commissioners for execution of this Act to order and decree all and every such person and persons so removed or kept out as aforesaid to be again restored and put into their possessions pro tempore until the last and final Decree touching the settlement of such person and persons shall be made and the respective Sheriffs and all other Officers and Ministers of Iustice whom it may concern and to whom any Precept or other Warrant in that behalf shall be directed are hereby required and enjoyned to see the some executed accordingly to the end that all and every person and persons so as aforesaid removed or kept out may by such temporary restitution be enabled to retain so much of the Land whereof they shall be so possessed together with their improvements as their two full third parts according to the aforesaid rules shall or may amount unto And be it further Enacted by the Authority aforesaid That all and every the Adventurer and Adventurers who adventured their money upon certain Ordinances or pretended Ordinances of Parliament made in the years One thousand six hundred forty three and One thousand six hundred forty seven commonly called the Doubling Ordinances shall be esteemed and are hereby declared Adventurers for no more than the principal money bonâ fide paid amounts to and that they their Heirs Executors Assignee or Assignes shall receive satisfaction for the moneys really and bonâ fide paid in and advanced upon the said Ordinances or pretended Ordinances in like proportion and manner as other Adventurers are to have by this Act and no otherwise that is to say by an allotment of so much land as may be sufficient to satisfie full two third parts of the principal money so paid in and advanced as aforesaid and no more to the intent that he and they may be equally gainers or loosers with other Adventurers and in the setting out of this proportionable satisfaction no regard is to be had of the quantity of Land whereof the Adventures upon the doubling Ordinances their Heirs Executors Assignee or Assignes were possessed the seventh of May One thousand six hundred fifty nine but onely of the original money truly paid in as aforesaid in the satisfaction whereof one third part is likewise to be retrenched and onely two full third parts to be satisfied as aforesaid Nevertheless it shall and may be lawful for him or them to continue the possession of so much as the Commissioners shall adjudge to amount unto his or their full two third parts in like manner as other Adventurers by this Act are enabled to do in case so much shall be left in his or their possession not decreed away by the Commissioners for execution of the said former Act. And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall cause one or more books to be made wherein the portion allotted to each Adventurer or Souldier or the Heir Executor Assignee or Assignes of such Adventurer or Souldier for and towards his and their two full third parts and the several Augmentations of any Archbishoprick or Bishoprick the allotment of Glebes and the provisions made for the Colledge of Dublin the maintenance of the Fort at Duncannon and the Corporation of Bandonbridge shall be particularly and fairly set down and entred and shall cause a Duplicate thereof to be made and returned into the Exchequer there to remain of Record and that upon a Certificate under the hands and seals of the Commissioners or the major part of them containing the lands allotted to any the persons or purposes aforesaid or to any Adventurer or Souldier or to the Heir Executor Assignee or Assignes of any Adventurer or Souldier for his or their two third parts and expressing the name or names of such persons with convenient descriptions and denominations thereof as to the number of Acres the Barony County and Province wherein the same do lie and the rents reservable as also the Tenure and Services and presented unto the Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being he the said Lord Lieutenant and other chief Governor or Governors of this Kingdom for the time being shall be and are hereby authorized and required upon request of the person or persons so producing and presenting the Certificate aforesaid to cause effectual Letters Patents under the Great Seal of Ireland to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons concerned by advice of His Majesties learned Council in the Law or some of them as the case shall require without expecting any further Letters or Warrants from His Majestie And for so doing this present Act shall be to them and every of them their sufficient discharge And be it further Enacted by the Authority aforesaid That all Letters Patents granted by virtue of this Act shall be and are hereby confirmed unto the several persons therein named according to the several and respective estates therein granted against the Kings Majestie his Heirs and Successors and all other persons claiming by from or under him or them and shall stand and be discharged of and from all forfeitures or pretended forfeitures for non-payment of rent or any sum of money now due or not putting in of Claims or not bringing in Field-books or Surveys and of and from all further inquiries into false admeasurements holding of lands profitable for unprofitable or any other Qualifications whatsoeuer and of and from all Measn profits arrearages and incumbrances not herein after excepted and shall stand and be good against all persons Bodies Politick and Corporate and discharged of all Estates tail and all other Estates of Freehold or Inheritance and all Reversions Remainders Titles and Interests whatsoever not Decreed by the Commissioners for execution of the said former Act or in the said former Act already allowed whereby the Patentees can or may be incumbred and discharged of all demands other than what are intended to be preserved by this Act and shall be reserved in the same Letters Patents Nevertheless it is hereby declared to be excepted and is further Enacted That no Letters Patents
subject to any Estate Remainder or other Incumbrance already decreed by the Commissioners for execution of the said former Act or allowed by the rules of the said former or this Act That then and in such case the Commissioners for execution of this present Act shall allot so much other forfeited land as may fully satisfie for such Incumbrance and cause the same to be entred in Books returned into the Exchequer To the end that upon Certificates made in manner aforesaid Letters Patents may be thereof granted and passed as aforesaid And therefore the Commissioners are with all speed to cast up the value of such Incumbrances as by reason of any former Decree shall charge any part of the said two third parts that so a recompence may be provided as aforesaid And in the estimate and valuation of such Incumbrances for which a recompence is to be provided the Commissioners are to proceed by such rules and measures as by the Instructions in the said former Act contained were given for the valuation and estimate of such Incumbrances on the Lands of Adventurers and Souldiers as were therein appointed to be satisfied out of the forfeited lands in the County of Kildare as neer as may be and as far as may stand with equity and justice And it is further Declared and Enacted That where any securities for money have been allowed by the Decrees of the Commissioners for execution of the said former Act wherewith any land set out and allotted or to be set out and allotted to any Adventurer or Souldier his or their Heirs or Assignes shall or may be incumbred that all interest thereupon due before the Nine and twentieth day of May One thousand six hundred and sixty shall be and is hereby discharged Nevertheless the interest already received shall not be repaid and from and after the Nine and twentieth day of May One thousand six hundred and sixty unto the times of the several and respective Decrees no further or greater interest shall be satisfied or paid for any the moneys due upon the said security than after the rate of Forty shillings per cent for one year And from and after the time of the respective Decrees full interest shall be satisfied and paid and further that lands shall be set out in full satisfaction of what shall remain due after such abatement made as aforesaid according to the rate of eight years purchase to such person or persons as shall be prejudiced by such Incumbrances by having his land liable thereunto or by his purchasing and buying in of the same and that no part of the land so allotted or detained as aforesaid may be subject to or charged with any other Incumbrance not Decreed by the Commissioners for execution of the said former Act or already allowed in the said former Act or this Act Be it Enacted That all every such Incumbrances as against the Adventurer or Souldier so setled as aforesaid other than such Incumbrances as are the proper act of the party so to be settled or those under whom he claims be utterly void of none effect And to the end that no person or persons who upon the seventh day of May one thousand six hundred fifty and nine was in possession of any lands Tenements or Hereditaments as an Adventurer or Souldier or as the Heir Executor or Assignee of such Adventurer or Souldier may hereafter be molested or impeached in the making out of his or their title in or to the lands so possessed or debarred of such satisfaction and other the benefits and advantages which by this Act is given to them who were so possessed as aforesaid for want of producing such Measn Conveyances or such legal and formal Assignments as in strictness of Law might otherwise be required Be it Enacted by the Authority aforesaid That where any person or persons or those under whom he or they claim were in possession of any Lands or Tenements upon the seventh day of May One thousand six hundred fifty and nine which were set out or reputed to be held and enjoyed for and towards the satisfaction of any Adventures or Arrears that there and in such cases no proof of the Measn Conveyances or other Assignments shall be required but the possession it self shall be and so is hereby declared a sufficient evidence of the Title unless the same Lands have been likewise claimed by some other Adventurer or Souldier his or their Heirs Executors Administrators or Assignes respectively In which case the Commissioners for execution of this Act shall upon such evidence as can be produced before them determine the Title And because there are several persons who pretend themselves able to discover much land which is detained and concealed by the Adventurers and Souldiers their Heirs or Assigns by false admeasurement although it be probable that after so long a tract of time such discoveries may not produce any great effect Nevertheless for the avoiding the scandal of such frauds and to give just satisfaction to all persons and interests who may pretend themselves to be prejudiced by such concealments Be it Enacted by the Authority aforesaid That the Lord Lieutenant or other chief Governor and Governors of Ireland and Council there for the time being shall have power upon information to them made of any such concealments by false admeasurement as aforesaid to cause a new survey to be made of the parcels and lots wherein such false admeasurement is pretended observing therein these rules and cautions following First That such information be given in within the space of three moneths next after the passing of this Act. Secondly That the Defendant or Defendants against whom such information is given be first heard before any new survey be ordered Thirdly That the Informer or Informers do first put in security by Recognizance acknowledged before the Lord Chief Iustice of the Common Pleas for the time being and with good and sufficient Sureties to be by him allowed to bear the whole charges of the new Survey and over and above to pay and satisfie unto the Defendant or Defendants his and their full Damages and Costs which they shall sustain by such prosecution and shall offer to make Oath of before the said Lord Chief Iustice in case that upon the return of such survey it shall not appear that the Defendant or Defendants against whom such new Survey is ordered were possest of more land by a full tenth part than he or they ought to have Fourthly Where any new Survey is ordered the same shall be taken by two Surveyors to be chosen for that purpose one by the Informer the other by the Defendants and both Surveyors shall be sworn Fifthly Where the Books of Distribution and the Down Survey agree in the satisfactions which have been allotted to any Regiments Troops Societies or persons or do not differ more than in one tenth there no resurvey shall be ordered notwithstanding such information Sixthly What overplus soever shall appear upon
the new Survey if the same exceed not one tenth part of what is due to the Defendant or Defendants no Retrenchment shall be made Seventhly If the overplus exceed a tenth it shall be lawful to and for such Defendant or Defendants possessed of the overplus to retrench the same where they think fit so as such Retrenchments be contiguous and of unprofitable land together with the profitable but is hereby discharged of all accompts for the Measn profits of the landes so retrenched Eighthly If the information of false admeasurement be against a Souldier or his Heirs or Assigns there the lot of the whole Regiment Troop or Company shall be first surveyed and if the same exceed not one tenth part of what such Regiment Troop or Company ought to have then no survey shall be taken of any individual lot or proportion Ninthly Where the lot of the Regiment Troop or Company shall exceed one tenth part of what they ought to have there the individual parcel to be admeasured if there be cause of Retrenchment may retrench where he thinks fit so as such retrenchment be contiguous Tenthly Whereas some lots for satisfying the Army fall in a good and bad County or Barony such as Kerry and Limerick Dowhallow and Orrery whereas the Souldiers before they came to a particular Dividend of their general lot did mutually consent that when a lot should fall in a bad County or Barony the persons to whom it there fell should have more acres when it fell in a good County they should have less acres or that the acres in the bad County should have a less rate or value set on them And the acres in the good County a greater rate or value should be set on them It is therefore declared that no overplus of acres in the bad County shall be considered as such an overplus as is lyable to retrenchment but with a due respect to such mutual agreements as were made in the general lot of the Regiment Troop Company or Society before the persons concerned in it came to a subdivision Eleaventhly No defendant or defendants whose lotts are not to be found within the books of distribution books of debentures or books of Grocers-Hall shall be liable to any new survey or readmeasurent his evidences being lost Twelfthly and lastly All proceedings in order to a new Survey or readmeasurement which shall not be finished and perfected within nine monthes next after passing this Act shall cease and be void and the defendant to be discharged of all such inquiries for concealments upon such informations And for the further directions of the Commissioners for execution of this Act in their proceedings touching Incumbrances It is â—â—reby declared that where the estate in any messuages Laâ—ds Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is noe other nor greater than for the life of such Claimant onely there and in such case the Commissioners for Execution of this Act shall give the person or persons against whom such decree hath been made or those who claim under them his and their election whether they will accept the reversion in fee of the Lands so incumbred with an estate for life expectant upon the determination of the said estate in lieu of their two third parts for the same or will rather choose to have their full two third parts set out and allotted to them presently out of some other forfeited Lands And the Commissioners shall give them certificates in order to their passing of Letters Patents either of the reversion of the whole or of two third parts in possession according as such election shall be made And where the estate in any Messuages Lands Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is such an estate in remainder or reversion as will leave unto the person or persons against whom such decree hath been made an estate for the life of some other person onely The Commissioners for Execution of this Act shall likewise give the person or persons against whom such decree hath been made or those who claim under them his or their Election whether they will choose to continue the possession of the whole Land during the life of such person and accept the estate for life in the whole Land in satisfaction of one of the third parts which would otherwise be due by the rules of this Act and demand no further allotment of any other forfeited Land than what shall be equal in quantity of acres to one third part onely or whether they would rather desire to have their two full third parts to be set out and allotted presently out of some other forfeited Lands and to relinquish the possession of that estate which they hold for life And the Commissioners are to proceed to give certificates in order to Letters Patents according to the consequence and event of such election And be it further Enacted by the Authority aforesaid that the Commissioners for Execution of this Act do forthwith and with all convenient speed set out and allot or cause to be set out and allotted unto the Archbishops and Bishops in the said former Act in that behalfe named respectively and to their and every of their respective Successors for ever such augmentations and allowances and out of such Lands as were formerly held or reputed to be held in fee farm of any Archbishop Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their politick capacitie under the reservation of any cheifry rent or other duty or service and in such way and manner as by the said former Act is directed and appointed Provided alwayes and be it Enacted that where any Mannors Lands or Tenements not lying within the securitie set a part for the satisfaction of the Commissioned Officers who served in Ireland before the fifth of June One thousand six hundred forty nine nor by the said former Act or this present Act otherwise disposed to any particular person or persons have been given and granted to any such Archbishop or Bishop and his and their Successors by virtue of any Letters Patents under the Great Seal of Ireland bearing date since the passing of the said former Act for or towards his and their respective augmentations and allowances that then and in such cases the Commissioners for Execution of this Act shall cause the Lands so granted as aforesaid to be surveyed and valued and if upon the return of such survey it shall appear that the lands so granted as aforesaid do not exceed the value of such Augmentations and allowances as by the said former Act were intended to be settled upon the respective Archbishops and Bishops to whom such Letters Patents were granted then the lands so granted as aforesaid shall be held and enjoyed by the several and respective Archbishops Bishops and their Successors according to the tenor of their respective Letters Patents And that the
February which shall be in the year of our Lord One thousand six hundred sixty six under the penalty following that is to say every person liable to the payment of any part of the said years Rents and making default and failing to pay the same by the space of twenty days after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levied by Process out of His Majesties Court of Exchequer in like manner as any the Rents whereof the said Earl of Orrery and Lord Massereen were appointed Receivers by the said former Act might have been levied and if need so require like course is to be taken for the ascertaining of the value of lands charged with the said years rent and of returning the same into the Exchequer to remain and be a charge upon Record as in and by the said former Act in case of the said other rent therein secured was appointed And the said Receivers herein after appointed are to accompt for and pay unto Arthur Earle of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being all and every the summs of money by them to be received Nevertheless it is hereby declared and Enacted that all and every the summs of money formerly paid to the Earl of Orrery and Lord Vice-Count Massareen in pursuance of the said former Act shall be allowed to the person and persons so paying the same his and their Heirs Executors and Assignes in full discharge of so much of the rent payable by this Act as the moneyes so as aforesaid payd do or shall amount unto and the two half years rents payable to the said Earl of Orrery and Lord Vice-Count Massereen by any Adventurer or Souldier their Heirs Executors or Assignes by virtue of the said former Act shall be and are hereby from henceforth discharged And in case the monies to be raised as aforesaid shall fall short of the summ of three hundred thousand pounds then it shall and may be lawful to and for the Lord Lieutenant or other chief Governour and Council there for the time being to tax and assess upon all the lands in Ireland so much more money as together with what hath been before raised and allowed by virtue of this Act shall make up the full and just summ of three hundred thousand pounds sterling and to cause the same to be assessed distributed raised and levied by such wayes and means as they shall think fit observing therein all the equality and indifferency that can be And Arthur Earl of Anglesey Vice-treasurer of Ireland or the Vice-treasurer for the time being is hereby required and enjoyned to pay or cause to be payd out of the moneyes to be received as aforesaid unto the Kings Majestie the summ of fifty thousand pounds and also unto and amongst such Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and have not yet received any satisfaction in lands or money and amongst the Heirs Executors and Assigns of such Commissioned Officers and other persons intitled to be satisfied within their security such summs of money as the Commissioners for Execution of this Act having respect to the arreares already stated shall by any warrant under their hands and Seals or the hands and Seals of the Major part of them direct and appoint until the whole sum of One hundred thousand pounds shall be fully satisfied and payd and the warrant or warrants under the hands and Seals of the said Commissioners or the Major part of them together with the acquittance or acquittances of the party or parties who shall receive any money thereupon shall be unto the said Vice-treasurer a sufficient discharge for so much as the said acquittances extend unto which said One hundred thousand pounds so as aforesaid appointed to be payd is hereby declared to be in lieu and recompence of and in full satisfaction for the years rent payable out of the lands of those Souldiers who had lands set out for their arrears in the year One thousand six hundred fifty three and the year and halfs rent payable by those other Souldiers who had lands set out for their arrears in the years One thousand six hundred fifty five One thousand six hundred fifty six One thousand six hundred fifty seaven One thousand six hundred fifty eight One thousand six hundred fifty nine The payment of which said rents shall from henceforth cease and determine and the persons and estates there with charged or chargeable by the said former Act shall be and are hereby thereof for ever acquitted and discharged And whereas several clauses in His Majesties Gracious Declaration of the thirtieth of November in the twelfth year of his Raign and in the former Act do intitle His Grace James Duke of Ormond and the Lady Dutchess His Wife to great quantities of forfeited lands in the Counties of Catherlagh Galloway Waterford Dublin Kildare Meath Cork Kerry Kilkenny and Tipperary and other places and if the same were extended to the utmost would greatly obstruct and hinder the Settlement now intended Be it therefore Enacted by the Authority aforesaid That the full summ of fifty thousand pounds sterling be payd out of the moneyes aforesaid unto his said Grace James Duke of Ormond now Lord Lieutenant of Ireland His Executors Administrators or Assignes which the said Vice-treasurer is hereby required and enjoyned to pay or cause to be payd out of the moneyes aforesaid unto His said Grace or unto such other person or persons as His Grace shall appoint which is hereby declared to be in lieu and recompence of and in full satisfaction for all such forfeited and forfeitable estates titles interests claims or demands in or to any Mannors lands Tenements or Hereditaments mediately or immediately held as of any of the Mannors of the said Duke or the Lady Dutchess of Ormond His Wife or heretofore granted by His Grace or any of his Ancestors or by any of the Ancestors of the said Lady Dutchess in Fee Farm or Fee tail and of all and singular the statutes judgements Mortgages and other real securities for money given made acknowledged or entred into by any person or persons holding as aforesaid to any other forfeiting person or person not declared innocent to all which premises the said Duke and Dutchess respectively hy his Majesties said Declaration and by the said former Act are intitled and of all mean rates issues and profits thereof since incurred and now due to His Grace other than what is already received to his use for which he is hereby acquitted and of all and every the Reversions and Remainders which the said Duke or Dutchess now hath or have expectant upon the said forfeited and forfeitable Estates tail which Estates Interests and other the benefits and advantages herein before mentioned are intended and so are hereby declard to
and thereby are actually restored without any Previous reprizall and their and every of their Executors and Assignes shall stand and continue restored to and vested in such their estates thereby intended and shall have and enjoy the lands Tenements and Hereditaments and all other the benefits and advantages of the said former Act in such manner and form and for such estates and with such privileges immunities and discharges respectively as in and by the said former Act are mentioned and expressed Nevertheless it is hereby declared that this restitution and confirmation is not to extend to any lands Tenements or Hereditaments other than such as did truely and without fraud upon the two and twentieth of October One thousand six hundred forty and one belong to and were enjoyed by the said persons or some of them their or some of their Ancestors or Heirs or were in the possession and seizin of some others in trust for them or some of them or be particularly expressed in the several and respective clauses of the said former Act And to the end it may more cleerly appear how much land the persons aforesaid are truely intitled unto by virtue of this or the said former Act and how farr the persons who are or shall be dispossessed by them or any of them ought to be relieved by virtue of this Act It is further Enacted that all and every the persons aforesaid who claim any benefit by the clauses aforesaid shall make out such their title as to the several parcels of land which they demand before the Commissioners for Execution of this Act within such time as shall be limited by the Commissioners and take out their Decrees for so much as shall be allowed upon their Claims and in default thereof shall forfeit two years value of the lands in their or any of their possessions respectively or in the possession of their tenants or Trustees one Moyety to the Kings Majestie the other to the Informer to be recovered in like manner as other forfeitures are by this Act appointed to be recovered And it is further declared and Enacted That Thomas Pigott Esq and Matthew Lock Esq shall have and enjoy to them and their Heirs two full third parts of the lands in Westmeath settled on them by the said former Act with like libertie of Retrenchment retaining possession and of demanding and having Letters Patents as other Adventurers and Souldiers ought to have and as if the said lands in Westmeath had been in the possession of the said Thomas Pigott and Matthew Lock on the Seaventh of May One thousand six hundred fifty and nine and had been allotted to them as original Adventurers any thing herein before to the contrary notwithstanding And it is hereby declared and further Enacted That if any of the said persons herein before mentioned to be restored and appointed to take out Decrees as aforesaid or any others who by virtue of any Decrees heretofore made by the Commissioners for Execution of the said former Act have been restored shall at any time within two years next ensuing be found by colour of some clause in the said former Act or Decree as aforesaid to have entred upon and kept possession of more land than did rightfully belong unto them and was in their possession on the two and twentieth of October One thousand six hundred forty and one unles the same land were particularly expressed and given in some clause in the said former Act contained that then and in such case the person so offending shall forfeit double the value of the land so fraudulently possessed and detained unless the said offendor shall within three months next after the first sitting of the Commissioners for the Execution of this present Act discover and declare the same to the said Commissioners and openly relinquish and surrender the possession so unduely detained as aforesaid of which forfeiture one third part shall be to our Soveraign Lord the King and the other two thirds to him or them that will sue for the same to be recovered by action of Debt Bill Plaint or information in any of the four Courts of Record at Dublin wherein no essoyne Protection or wager of law shall be or any more than one imparlance And be it further Enacted by the Authority aforesaid That all and every the clauses in the said former Act contained and not herein altered explained or repealed and which will consist with the Execution of this Act shall be and so are hereby declared to remain and be of such like force and effect as the same were before the passing of this Act and that all other the clauses which will not consist with the effectual Execution of this Act shall be and are hereby repealed any thing herein before contained to the contrary notwithstanding And further that all and every the clauses in this or the said former Act contained so farr as the same remain in force shall be construed expounded and taken in all Courts and places whatsoever most liberally and beneficially for the protecting settling and establishing the persons estates and interests of Protestants who are principally intended by these presents to be settled and secured And be it further Enacted by the Authority aforesaid That all Decrees made by the Commissioners for Execution of the said former Act whereby any Protestant or Protestants have been declared innocent shall be and are hereby absolutely confirmed and also that all Decrees whereby any Papist or Papists have been declared innocent and which shall be taken out within three months after the first sitting of the Commissioners for Execution of this present Act shall be and are hereby absolutely confirmed according to the tenor purport and effect of the same any exception touching the time wherein the same Decrees were made and any irregularity or pretended irregularity in not pursuing the Declaration Instructions and the said former Act to the contrary notwithstanding such Decrees wherein any lands are comprehended or which any Protestant or Protestants was or were possessed before the two and twentieth of October One thousand six hundred forty one and which were never seized or sequestred or set apart upon the accompt of the late Rebellion or warr and such Decrees wherein more lands are Decreed to the Claimant than were claimed by him as to those lands so Decreed beyond the claim onely excepted which are hereby declared as for so much to be utterly void so as the same be discovered within six moneths next after the first sitting of the Commissioners subject nevertheless to such penalties as in this and the said former Act are contained touching false and fraudulent Claims so as the same be discovered within two years next ensuing the passing of this present Act. Provided always and be it Enacted That no person or persons who by the Commissioners for execution of the said former Act have been adjudged and declared innocent and to whom any Land Tenements or Hereditaments have been adjudged and restored
Sir Courtney Pool Baronet and other the persons intitled to the said estate so long as the said Lord Vice-count shall have issue male of his body were still to continue their possession Nevertheless His Majestie being desirous that all just interests should be provided for and being willing to extend his mercy unto the said Nicholas Lord Vice-count Nettervill as far as may stand with His Iustice is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act doe forthwith set out unto the said Edward Smith Esq Sir Courtney Pool Baronet and other the persons intitled to the lands of the said Lord Vice-count their Heirs and Assigns their several and respective two third parts which by the rules of this Act they ought to have and after such two third parts set out shall restore the said Lord Vice-count Nettervill unto the possession of all and singular the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdom of Ireland with his deceased Father and Grandfather or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses or any other or others to whom he may or can derive as heir or otherwise had held or enjoyed or of right ought to have held or enjoyed on the Two and twentieth of October One thousand six hundred forty one Rectories and Parsonages Impropriated and Appropriate Tythes excepted and that the said Lord Vice-count shall hold and enjoy all and singular the Lands Tenements and Hereditaments so restored according to such Estate Right and Title as he ought to have had in the same in case he had been adjudged innocent and no other and also shall be and is hereby restored in blood to all intents and purposes Any thing in this present Act or the said former Act or any other Act Law Statute Ordinance Order Outlary Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or Decree or any other matter clause or thing to the contrary notwithstanding And because the Estate Right and Inheritance of in and unto several Lands Tenements and Hereditaments is by several clauses in this Act vested and settled in or otherwise disposed of unto several persons in the said several and respective clauses particularly named and mentioned whereby great prejudice may arise unto others whose right was not intended to be barred or extinguished if a timely remedye be not provided Be it therefore Enacted by the Authority aforesaid That in all and every such clauses it shall be understood and so is hereby Declared That all the right title and interest either in law or equity which any person or persons Body Politick or Corporate their Heirs Executors Successors or Assignes or any of them had on the Two and twentieth day of October One thousand six hundred forty one or at any time since other than His Majestie His Heirs and Successors and those who shall or may claim by from or under His Majestie His Heirs and Successors or any of them by virtue of this or the said former Act and other than such person or persons Bodies Politick or Corporate their Heirs Executors Successors and Assigns whose right is particularly mentioned to be barred and excluded shall be and is hereby preserved unto them their Heirs Executors Successors and Assignes respectively as fully and amply as if a particular saving of Rights had been annexed to and repeated in every such clause any thing in this Act contained to the contrary notwithstanding And whereas in and by the said former Act the fractions of od pounds shillings and pence were to be struck off and deducted out of all sums of money Debentures Certificates or Decrees for Arrears Adventures Publick Debts Reprizes or other allowed Interests which according to the said Act were to be ascertained stated or settled and the fractions of od acres roods and pearches were also to be deducted out of the respective proportions of lands which should be granted or settled in satisfaction of any of the aforesaid interests so as such deductions did not exceed the hundredth part of the money or lands out of which such Deductions were to be made which Deductions were appointed to be satisfied as intirely as might be in such convenient proportions and places as the Chief Governour or Governours of Ireland for the time being should appoint and reserved to be disposed to such uses as His Majestie His Heirs or Successors should appoint His Majestie is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That no fractions of od pounds shillings or pence or of od acres roods or pearches or any satisfaction for the same be at any time hereafter made or given unto His Majestie His Heirs or Successors or unto any other person or persons claiming the benefit thereof by virtue of any Patent Grant or other Assignment from His Majestie but that the same be for ever released and discharged and that all and every the clauses in the said former Act touching and concerning the giving or reserving such fractions and the satisfaction thereof unto His Majestie His Heirs and Successors shall be and are hereby repealed and made void to all intents and purposes as if the same had never been had nor made Any thing in this or the said former Act to the contrary notwithstanding And whereas the survey admeasurement of certain lands in Ireland was heretofore undertaken and finished by Sir William Petty Knight upon an agreement made with the Souldiers to have for his pains one penny for every acre so surveyed and admeasured as aforesaid whereof part hath been already paid and some doth still remain in arrear to the end therefore that satisfaction be made to Sir William Petty for what remains unpaid by the Souldiers their Heirs or Assigns and for His better encouragement to finish the several Mapps and Descriptions of this Kingdom Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being with any six or more of His Majesties Privy Council shall have power to examine how much of the said penny the acre hath been already paid and for what lands and how much thereof remains behind and unpaid and to give Order or Orders Warrant or Warrants for the levying and receiving one penny per acre out of all the lands in the admeasurement whereof he was imployed that have been or shall be appointed to be set out for satisfaction of arrears out of which such acrige was agreed or ought in justice to be paid and hath not been already paid and to give such further encouragement to the said Sir William for the finishing of the said Mapps as they shall think fit And that it shall and may be lawful to and for Sir
William Petty his Executors Administrators or Assignes from time to time as often as any such Order or warrant shall be made to enter into all and every the lands in such Order or warrant mentioned and to levy the respective summs therein appointed to be paid not exceeding one penny the acre by distress and sale of such distress as shall there be found belonging to the occupiers of the said lands returning the overplus and whatsoever the Tenants or occupiers of the lands shall pay or shall otherwise be levied upon them as aforesaid not exceeding one penny the acre shall and may be deducted out of the rents by them respectively payable and for so much they and every of them shall be and are hereby discharged against their several and respective Landlords And because the Settlement now intended and endeavoured to be perfected would be very much obstructed if the Heirs or Assignes of Wentworth late Earl of Kildare should hold and enjoy the full benefit of a certain clause in the said former Act contained whereby the Preemption of all forfeited estates and interests held of or from Wentworth Earl of Kildare or George Earl of Kildare or either of them and of all other lands lying intermixt with the said Earl of Kildares estate is given to the said Wentworth late Earl of Kildare his Heirs and Assignes and further the arrears due to George Earl of Kildare for service before the fifth of June One thousand six hundred forty nine were appointed to be satisfied in the County of Kildare and else where lying most convenient to the said Earl of Kildares estate as the said Wentworth late Earl of Kildare should make choice of Be it therefore Enacted by the Authority aforesaid That so much of the said clause as concerns the preemption of forfeited estates and interests held of and intermixt with the Earl of Kildares grant as aforesaid or appoints the satisfaction of personal arrears for service to be within the County of Kildare or elsewhere at election as aforesaid shall be and is hereby repealed which arrears of the said George Earl of Kildare now belonging to Sir James Shaen Knight and Baronet Administrator of the said George Earl of Kildare are to be satisfied as in and by another clause herein after following and providing for the satisfaction of the interests of the said Sir James Shaen is declared and that in lieu and satisfaction of those privileges and advantages in and by the said clause given or intended to be given the Commissioners for execution of this Act shall forthwith set out or cause to be set out unto John now Earl of Kildare and his Heirs so much undisposed forfeited lands as shall be of the cleer yearly value of five hundred pounds per annum over and above all charges and reprizes therein shall take care that the same may be set out as neer unto the said Earls estate and as contiguous to the Lordship of Kilka in the County of Kildare as the same can conveniently be done and after such allotment and setting forth the same shall be granted by Letters Patents under the Great Seal of Ireland unto John Earl of Kildare and the Heirs Males of his body And for want of such issue to remain and be to Robert Fitz Gerald Esq uncle of the said John Earl of Kildare and the Heirs Males of his body and for default of such issue to the right Heirs of Wentworth late Earl of Kildare for ever subject nevertheless to the payment reimbursement and discharge in the first place of all such summ and summs of Money with interest for the same as upon any contract or bargain heretofore made by the said Wentworth late Earl of Kildare touching the benefit of the said former provisoe or touching the benefit of any part thereof have been paid unto the said late Earl or shall be paid hereafter to such Contractors during the minority of the the said John Earl of Kildare and lyable also to such other charges and payments as shall be necessarily made and disbursed in and for the settling and securing the premisses And that the Letters Patents so as aforesaid to be granted shall be of like force and effect as any other Letters Patents herein before appointed to be granted are or ought to be Provided alwayes and be it Enacted by the Authority aforesaid That out of the estates of John Fitz Gerald John Magill and Ieoffrey Faning before by this Act vested in His Majestie his Heirs and Successors It shall and may be lawful for the Lord Lieutenant or other Chief Governours of Ireland to restore unto and settle upon them and their Heirs respectively such part or parts of the said respective estates as they shall think fit Provided also and be it further Enacted by the Authority aforesaid That Sir John Stephens Knight Governour of His Majesties Castle of Dublin shall and may have hold and enjoy to him his Executors and Assignes all and every the lands Tenements and Hereditaments in the County of Cork which at any time were reputed to belong to Sir Brice Coghran by colour of any grant or guift of the late Vsurped powers and which are or have been possessed by the said Sir John Stephens by virtue of Letters Patents under the Great Seal or otherwise for and during such time and term of years and under such rents onely as in the said Letters Patents are expressed and no other so as he the said Sir John Stephens do place or cause to be placed upon so much of the premisses as shall be found to be within the securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine so much of the stated arrears due to such Officers which are satisfiable and for which no satisfaction hath yet been given as the value of the premisses may amount unto any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Moneyes which by virtue of this or the said former Act shall or may growe due unto His Majestie for or in respect of the measne profits of those lands which have been set out and received in satisfaction of any arrears for service done in England commonly called English arrears or for or in respect of the measne profits of those lands which have been set out to any person or persons in satisfaction of any Adventures upon the Ordinances commonly called the doubling Ordinances or for or in respect of any other measne profits which by this Act are made due and payable unto His Majestie as being received out of lands set out in satisfaction of interests not satisfiable by this or the said former Act and also all and every the summs of Money now due unto His Majestie which any person or persons transplanted into Connaght and since restored or hereafter to be restored to his former
estate did or might have received upon the sale of the lands in Connaght to which he or they were transplanted shall be paid unto the Receivers herein after constituted and appointed who shall account for and pay the same over unto Arthur Earl of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being And that the said Arthur Earl of Anglesey or the Vice-treasurer of Ireland for the time being shall thereout issue pay these several summs following That is to say To Morough Earl of Inchequin the full summ of Eight thousand pounds sterling as a marke of His Majesties favourable gracious consideration of the losses and sufferings of the said Earl To John Lord Berkeley the summ of four thousand pounds To Charles Lord Vice-count Fitz Harding Treasurer of His Majesties House-hold the summ of two thousand pounds To Henry Coventrey Esq Groom of His Majesties Bedehamber the summ of two thousand pounds To Colonel William Legg the like summ of two thousand pounds in full satisfaction of all the right and interest which they the said Henry Coventrey or William Legg can or may have of in or to any fractions of od aeres pounds shillings or pence in or by the said former Act reserved to His Majestie and by this present Act released and discharged as aforesaid To Colonel Edward Villiers the summ of One thousand pounds To Elizabeth Terrill Wife of Sir Tymothy Terrill the summ of three thousand pounds To Colonel Marmaduke Darcy the summ of three thousand pounds To Sir Connel Farrell the summ of two thousand pounds To Colonel Daniell Treswell Captain of His Majesties Guard of Battle Axes the summ of One thousand pounds Sir William Armorer the summ of five hundred pounds Nicholas Bayly Esq the summ of two thousand pounds Thomas Lynch the summ of One thousand pounds And if any more moneyes shall arise out of the premisses than will be sufficient to discharge the respective summs herein before mentioned the same shall remain in His Majesties Exchequer at Dublin to be further applyed and disposed as His Majestie being informed thereof shall direct and appoint And whereas the Towns and lands of Shamaclone Garons-Brury Garrane Lishanacone Ballifoukin Ballimoran Balliwillin in the Barony of Conello and County of Limerick and also fifteen hundred acres in Garundenny in the Barony of Slewmargye in the Queens County were allotted to Charles Lloyd Esq now Sir Charles Lloyd Baronet as an Adventurer for lands in Ireland the rents issues and profits of which lands have notwithstanding by Samuel Avery and other Adventurers been wrongfully received or in the hands of the Tenants of the said lands detained Be it therefore Enacted and it is Enacted by this present Parliament That the said Sir Charles Lloyd shall have receive and recover all and singular the rents issues and profits of the said lands remaining in the hands of the respective Tenants thereof or in the hands of their Executors or Administrators which have grown due since the lands were allotted as aforesaid any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding And it is here by further Enacted and ordained by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore Sir Richard Bellings Knight unto the present and actual possession of all and singular the Mannors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments interests conditions powers of Redemption right and title whatsoever in the said Kingdome of Ireland which Sir Henry Bellings Knight Grandfather to the said Sir Richard Bellings and Richard Bellings Father of the said Sir Richard Bellings or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth day of October One thousand six hundred forty one and that from and after such Restitution as aforesaid the same shall be granted by Letters Patents and settled upon and confirmed unto the said Sir Richard Bellings the Grandsonn and his Heirs and Assignes for ever This present or any other Act Ordinances Order Vtlary Attainder Record or any other matter cause or thing to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That John Lord Kingston shall hold and enjoy to him and his Heirs for ever all and every the Lands Tenements and Hereditaments in the said former Act ratified and confirmed unto him and all other the benefits and advantages of the said Act the Lands Decreed away by the Commissioners and the full benefit of reprizals and the Lands herein granted or confirmed unto Charles Lord Vice-count Fitz Harding formerly granted to Charles late Lord Vice-count Fitz Harding Earl of Falmouth onely excepted as fully and amply and with the like Confirmations Privileges Immunities and exemptions as any adventurer or Souldier by this or the said former Act may or ought to hold and enjoy any of the Lands whereof they or any of them respectively were possessed the Seaventh day of May One thousand six hundred fifty nine and as if the several clauses and provisoes in the said former Act on that behalf had been in this Act particularly recited and Enacted and shall also have hold and enjoy to him and his Heirs for ever all and every the Towns Lands Tenements and Hereditaments given granted and confirmed or mentioned to be given granted and confirmed unto him in and by His Majesties Letters Patents under the Great Seal of England bearing date at Westminster the five and twentieth day of January in the sixteenth year of His Majesties Raign And that the said Letters Patents and all clauses and things therein contained shall be and are hereby ratified and confirmed and shall be taken most beneficially to and on the behalf of him the said Lord Kingston his Heirs and Assignes according to the tenor and purport thereof to all intents and purposes and as if the same Letters Patents and every clause therein had been in this Act fully and at large recited and particularly Enacted but in case the Lands in the said Letters Patents mentioned which shall be possessed and enjoyed by the said Lord Kingston and not recovered or granted away from him by this or the said former Act shall exceed the present cleer yearly rent of Seaven hundred pounds and two full third parts of all the Lands recovered against him the said Lord Kingston by any Decrees herein confirmed then such overplus shall be reconveyed to such as the Commissioners for Execution of this Act shall appoint And be it also Enacted in case the said Lands shall not be sufficient That then the Commissioners or such person or persons as are or shall be appointed for Execution of this Act doe and shall forthwith cause to be set out and delivered unto him the said
that after such Restitution made the said Charles Farrell shall hold and enjoy the same to him and his Heirs Subject nevertheless to the quit-rents by this or the former Act imposed and lyable to all and singular the statutes Mortgages Debts Charges and all other the Acts and Incumbrances whatsoever of him the said Charles Farrell or his Father any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Frances Darcy widow so much land as shall be of like yearly value as the lands which she the said Frances Darcy formerly held or ought to have held for her joincture to be held and enjoyed by the said Frances Darcy during her life any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the summ of Four thousand five hundred pounds due for service done in Ireland before the fifth of June One thousand six hundred forty nine unto Arthur Lord Vice-count Ranelaugh by Debentures already stated and allowed by the Commissioners for Execution of the said former Act shall be paid and satisfied out of the securities thereunto lyable by this present Act unto Richard Earl of Burlington and Cork Lord High Treasurer of Ireland Arthur Earl of Anglesey Roger Earl of Orrery and Sir John Skeffington Baronet and the Survivors and Survivor of them and that they and the Survivors and Survivor of them and the Heirs of the Survivor shall have hold receive and enjoy to his and their Heirs all and singular the Mannors lands Tenements and Hereditaments and all other the satisfaction whatsoever or of what nature or kind soever which shall or may be hereafter appointed allotted or otherwayes set out and Assigned for the satisfaction of the said Four thousand five hundred pounds Nevertheless in trust to and for the onely use benefit and advantage of Frances Jones and Elizabeth Jones Daughters of the said Arthur Lord Vice-count Ranelaugh their Executors and Assignes and to and for no other use intent or purpose whatsoever any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted that all Leases terms and estates which upon the three and twentieth of October One thousand six hundred forty one did not exceed three lives or one and thirtie years and are forfeited to or vested in His Majestie whereof or whereupon the next and immediate Reversion or Remainder doth or shall appertain to any innocent Protestant be and are hereby declared to be ceased determined null and void any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That nothing in this present Act nor in the former Act shall be taken or any wayes construed to weaken or make void all or any of the right title and claim which Lawrence Hide of Henton-Dawbney in the County of Southampton Esq hath by virtue of any Statute Staple Mortgage or otherwise unto the Towns and Town Lands of Ballihenukin Knockanammy and part of Chancellors-town in the Barony of Iffa and Offa and the lands of Quarter-cross parcel of the town and Lands of Clare nor unto two acres great Countrey measure in Burdens-Grange in the Barony of Middle-third in all containing about eight hundred acres lying and being in the County of Tipperary but that it shall and may be lawful to and for the Commissioners for Execution of this Act to examine the right and title of him the said Lawrence Hide of in and to the said lands and Tenements or to any summ of money which can or may be levied thereupon and to make such Order and Decree for the said Lawrence Hide or his Assignes to hold and enjoy all and singular the premisses until he or they shall be fully satisfied and paid the moneys to him due as aforesaid together with what interest shall be due for the same as they shall think fit any thing in this Act or in any former Act to the contrary notwithstanding And whereas Colonel Christopher O Bryen was appointed by His Majestie in his late gracious Declaration to be restored unto his estate as one who in an especial manner had merited his Maiesties Grace and favour and was afterwards in pursuance of His Majesties Orders put into possession thereof by the Sheriff of the County of Clare in which County the said estate doth lye notwithstanding which if the same should be strictly examined according to the Rules of the said former Act It may be doubted whether such delivery of possession were legal and whether the lands so delivered do not still remain Subject to the uses of the said former Act and this present Act And whereas the said Christopher O Bryen is lately Dead without issue and all his estate right title and interest descended unto and upon Morogh Earl of Inchequin his next and immediate Brother and Heir Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto the said Morogh Earl of Inchequin and his Heirs the present and actual possession of all and singular the Castles Houses Mannors Lands Tenements and Hereditaments which the said Colonel Christopher O Bryen or any other in trust for him or to his use had held or enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since the lands Tenements and Hereditaments formerly belonging to the said Christopher O Bryen and now in the possession of Peirce Creagh excepted which are hereby granted and confirmed unto the said Peirce Creagh and his Heirs and shall likewise set out and allot unto the said Earl of Inchequin and his Heirs so many acres more of undisposed and forfeited lands as may be equal in quantity of acres to the said lands held by the said Peirce Creagh and from and after such restitution and allotment so made as aforesaid the said Morogh Earl of Inchequin shall hold and enjoy to him and his Heirs all and singular the messuages lands Tenements and Hereditaments so as aforesaid restored and allotted and all and every the persons transplanted into and upon any part of the premisses their Heirs and Assignes shall have such satisfaction out of the forfeited lands undisposed of to English Protestants as the Lord Lieutenant and Council of Ireland shall think fit after the several interests of His Majesties Protestant Subjects in Ireland have been fully satisfied and settled according to this Act any thing in this or the said former Act contained to the contrary notwithstanding And whereas Sir Thomas Sherlock Knight Deceased was in his life time a very dutifull and Loyall Subject and from the time of the first
of this Kingdom for the time being shall and may assess any sum not exceeding three pence per acre in and out of every acre of profitable land of Plantation measure which is by the late Court of Claims or shall be pursuant to this or the former Act decreed or confirmed or set out or delivered unto any person or persons of the Popish Religion in this Kingdom and the same to cause to be levyed by Distress or otherwise and to be paid unto the receivers herein after mentioned to the intent that Five thousand pounds be paid to Milo Power Esq his Executors Administrators and Assigns and that the residue may afterwards be issued out unto such of the Roman Catholicks of this Kingdom who as Agents or otherwise since His Majesties most happy restitution shall by the Lord Lieutenant or other chief Governour or Governours be judged meriting the same and that in such proportions as the said Lord Lieutenant or other Chief Governour or Governours shall think fit and direct Whereas Colonel Cary Dillon hath been dispossessed of Two thousand and six hundred and four acres of land whereof he was possessed the seventh of May One thousand six hundred fifty and nine as being set out unto him for service in Ireland and which were confirmed unto him by the said former Act amounting to Three hundred and fifty pounds per annum And whereas the late Lords Iustices had by their two Orders bearing date the eighteenth and nineteenth of July One thousand six hundred sixty and two assigned certain lands in the County of Galway unto the said Colonel Cary Dillon for his Reprizal of the whole and also for satisfying of him Three hundred and fifty pounds sterling which was one years rent of what he had lost grown due unto him from the time he had been dispossessed but the said Colonel Dillon received no benefit thereby Be it therefore Enacted by the Authority aforesaid That the Commissioners appointed to put in execution this Act shall forthwith set out and allot unto the said Colonel Cary Dillon his Heirs and Assignes for ever One thousand seven hundred thirty five acres of profitable forfeited lands of twenty one foot to the pearch being two third parts in quantity of what he hath already lost as a Souldier and that the same do in present yield two full third parts of Three hundred and fifty pounds per annum being the value of what he hath lost as aforesaid with as much convenience of building and other advantages thereon as they can in regard of the considerableness of the places and buildings from whence he is removed which shall be granted unto him by like Letters Patents as any other Souldier by this Act are to have And if the said Commissioners shall think it necessary that a Commission be issued for the inquiry into the value of any Lands Castles Tenements or other Hereditaments in order to the setting out of the said Reprize the Chancellour or Keeper of the Great Seal for the time being are hereby required to issue the same Any thing in this Act or the said former Act to the contrary notwithstanding And whereas upon a solemn hearing before His Majestie at His Council Board in England upon a Petition exhibited by several Adventurers and Souldiers against Randall Lord Marquess of Antrim and against the Iudgement and Decree given by the major part of the late Commissioners for execution of the said former Act whereby the said Marquess was adjudged innocent His Majestie after much time spent in the examination of the case declared that he saw no cause why the said Marquess should be adjudged innocent much less that the Commissioners not at all considering the proofs which they heard against the said Marquess should lay the whole weight of their judgement upon His Majesties Certificate the said Certificate being onely to declare that the Marquess was imployed into Ireland to procure what Forces he could from thence to be transported into Scotland for his late Majesties service under the late Marquess of Montross To the end that the conversation of the said Marquess of Antrim in the Rebells quarters which was necessary for that service might not according to the letter of the former Act render him criminal if that had been the onely as it was the least objection against him And therefore His Majestie resolved that the said Marquess of Antrim should undergoe a new tryall to prevent which the said Marquess of Antrim by an humble Petition to His Majestie did acknowledge himself guilty and humbly besought His Majestie That he might be supported by his mercy as being not able to support himself by his own innocence Therefore His Majestie is pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the said Decree and all and every clause therein contained shall be and so is hereby declared to be null and void to all intents and purposes as if the same had never been had or made Nevertheless His Majestie Reflecting upon the many services heretofore performed by the said Marquess towards his Royall Father of Blessed Memory and some eminent services done by the said Marquess for his Majestie himself the said Marquess having besides assisting him with Arms and amunition when he was in the West furnished him with shipps to make his escape into forraign parts when his Armies were defeated in the West and considering that His Majesties mercy is by this Act extended to some who have as much Demerited Is graciously pleased that it may be further Enacted and be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizall set out restore and allot unto the said Marquess of Antrim or cause to be set out restored and allotted unto the said Marquess of Antrim all and singular the Honors Mannors Castles Messuages Lands Tenements and Hereditaments and all other the estate right title and interest whereof the said Randall Lord Marquess of Antrim or any other person in trust for him or to his use was seized or possessed on the two and twentieth of October One thousand six hundred forty and one the lands in the Barony of Glanarme herein after mentioned to be restored to Alexander Macdonell and also all impropriations and appropriat tithes excepted And that the said Marquess of Antrim shall hold and enjoy all and singular the lands Tenements and Hereditaments so restored unto him the said Marquess of Antrim except before excepted and the Heirs males of his Body begotten any thing in this or the said former Act contained to the contrary notwithstanding Subject nevertheless to such Debts and other Incumbrances as the same were or ought to have been Subject unto upon the said two and twentieth day of October One thousand six hundred forty one and to such Leases and estates thereof made for satisfaction of Creditors as are provided for in and by the said former Act and
Harviestown and the mill thereunto belonging PoleHore Bolgerstown and Muchy-wood and Mullindery with the appurtenances all lying and being in the County of Wexford And that he the said Philip Hore shall have hold possess and enjoy all and singular the premisses to him and his Heirs against the Kings Majestie his Heirs and Successors and against the said Sir George Lane and his Heirs and all claiming by from or under them or any of them by virtue of this or the said former Act with all the rights members and appurtenances Rents issues and profits and all other advantages whatsoever to them and every of them belonging and appertaining to the use of him the said Philip Hore his Heirs Executors and Administrators respectively for ever Subject unto such rents and services as the same are lyable unto by this Act This present Act or any other Act Law Statute Ordinance Order Grant Decree Outlawry Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other clause matter or thing to the contrary notwithstanding His Majestie having taken to his Princely consideration the many faithfull and acceptable services of Sir George Hamilton Knight performed aswell to his late Majestie of Glorious Memory as to himself in the Warrs of Ireland and that in severall qualities as Captain of Horse Colonel and Captain of Foot Governour of the Castle of Nenach and other capacities for which there were arrears to great value accrued to the said Sir George Hamilton before and after the fifth of June One thousand six hundred forty nine which though not stated are by agreement and consent between him and other the Commissioned Officers and Trustees serving in Ireland before that time reduced to five thousand pounds sterling Be it therefore Enacted by the Authority aforesaid That the said Sir George Hamilton shall in full satisfaction of all personal arrears due unto him for his service in Ireland in the several imployments he had there before and after the said fifth day of June One thousand six hundred forty nine be satisfied the summ of five thousand pounds sterling out of the security set a part and designed by this and the said former Act for satisfaction of the arrears of such Commissioned Officers as served His Majestie or his said Royal Father in the Warrs of Ireland at any time before or after the fifth of June One thousand six hundred forty nine in such manner as by the said agreement is directed this Act or any other Act or matter to the contrary notwithstanding Provided Alwayes and be it Enacted by the Authority aforesaid That where any lands Tenements or Hereditaments which were seized sequestred or set apart upon account of the late Rebellion or Warr have been given and granted by any particular clause or provision in the said former Act mentioned or by any Letters Patents under the Great Seal of England or under the Great Seal of Ireland to any person or persons whose estates therein were confirmed by the said former Act or are confirmed by this present Act and whereof a third part hath not been already evicted by some Decrees herein confirmed the lands granted to his Royal Highness James Duke of York George Duke of Albemarle Arthur Earl of Anglesey Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloony Charles late Earl of Falmouth Theobald Earl of Carlingford Henry Lord Arlington John Lord Kingston Chidley Coot and Thomas Coot Esquires the relict and Heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cook Sir William Pen Sir Theophilus Jones Sir George Ayscough the Orphans of Colonel Owen O Conell Sir George Rawdon Baronet Sir George Lane Edward Vernon Esq Erasmus Smith Esq and the lands conveyed or mentioned to be conveyed by John Parker to certain Trustees for pious uses which Trustees are hereby made responsible to the Lord Lieutenant or other Chief Governour and Governours and Council there for the time being touching the execution and performance of the said Charity and the lands granted to any person or persons in satisfaction of arrears due for service done in Ireland or in satisfaction of any debt owing to them for provisions for the Army or Navy in Ireland and the lands which by the said former Act are restored to former Proprietors onely excepted That there and in such cases the said Provisoes Clauses Grants and Letters Patents shall be understood and so are hereby declared to be good and valid for no more than two full third parts of the Lands Tenements and Hereditaments therein mentioned and thereby granted and as to one third part of the Lands Tenements and Hereditaments therein contained shall be and so are hereby declared to be null and void Any thing in the said Provisoes Clauses Letters Patents or in the said former Act or in this present Act contained to the contrary notwithstanding Nevertheless such Grantees and all those who claim under them shall have like liberty of Retrenchment and in like manner and form as Adventurers and Souldiers are to have by the rules of this Act and the third part so as aforesaid to be retrencht shall remain and be vested in His Majestie His Heirs and Successors to be disposed and applyed to such uses as other forfeited lands by this Act ought to be Any thing herein before contained to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That out of all the Lands which have been decreed to any Irish Papist Popish Recusant or Roman Catholick by virtue of any Decrees not grounded upon some particular Proviso in the said former Act and made by the Commissioners for execution of the said former Act after the second day of July in the year of our Lord One thousand six hundred sixty three and herein confirmed one years rent according to the values the same were let at in the year One thousand six hundred fifty nine over and above all other the rents and payments by this Act imposed or made levyable shall be raised and levyed and paid unto the Receivers herein after mentioned by two even and equal payments the first payment thereof to begin upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and seven and the second payment thereof to be upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and eight under the penalty following That is to say every person lyable to the payment of any part of the said years rent and making default and failing to pay the same by the space of twenty days next after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levyed by Process out of His Majesties Court of Exchequer in like manner as any other the rents herein before
the same according to the rules of this Act and are by virtue hereof to be removed from the same shall have so much other forfeited lands set out to them by the Commissioners for the Execution of this Act as may be sufficient to reprize and satisfie them for two full third parts of the lands from whence they are to be removed and certificates shall be thereof granted in order to the passing of Letters Patents which shall be of like force and effect as any other Letters Patents granted in pursuance of this Act are or ought to be And they and every of them are hereby likewise discharged for them their Heirs and Executors respectively of and from all arrears of rent and measne profits received or to be received by them at any time before they shall be removed as aforesaid Provided also That the Town and Lands of Bradcullen and so much lands contiguous about the same as may amount unto three thousand acres of profitable land with the appurtenances which by the said Contract made with the said Teige O Conner were to have been given or assured to the said Teig O Conner and his heirs shall be and are hereby excepted from being settled upon the said William Earl of Strafford and Thomas Radcliffe and their Heirs or any of them and shall remain diposeable between Sir Francis Gore Knight and Captain Robert Parkes according to their several proportions of what they respectively possess of the said estate and what by the rules of this Act shall belong to them respectively and are to be reckoned and numbred out of such lands which are now in their or either of their possessions most contiguous to the said Town of Bradcullen in pursuance of the said Contract And whereas the said Sir Philip Percival and Sir George Ratcliffe or one of them did besides the said Donogh O Connors estate in like manner purchase some other small parcels of lands tenements and hereditaments in the said County of Sligoe from several other persons Be it further Enacted by the Authority aforesaid That the said William Earl of Strafford and Thomas Radcliffe shall be and are hereby restored to all the Estate Right and Title which the said Thomas late Earl of Strafford and Sir George Radcliffe or either of them had either in Law or equity in or to the said last mentioned lands tenements and hereditaments in the year One thousand six and forty And that they the said William Earl of Strafford and Thomas Ratcliffe shall by the said Commissioners for execution of this Act be forthwith restored to the possession of all such of the said last mentioned lands tenements and hereditaments whereof the said Thomas late Earl of Strafford and Sir George Radcliff or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed in the said year One thousand six hundred and forty under the rents and services due and payable thereout to His Majestie in the said year And forasmuch as the Adventurers and Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and are now in possession of or claim the same may the better know whether they may hold the said lands or take themselves to their Reprizals the said Commissioners are required to hear and determine of the said purchases and of the right title and interest either in Law or Equity which they the said William Earl of Strafford and Thomas Radcliffe have or had in or to the said last mentioned lands and to reprize the said Adventurers Officers and Souldiers in other lands of equal value worth and purchase according to the rules of this Act in case the said lands shall be evicted from them as aforesaid who are hereby discharged of and from all arrearages of rent and mean profits received at any time before they shall be removed from the said last mentioned lands Any thing in this or the said former Act to the contrary notwithstanding And be it further Explained Declared and Enacted by by the Authority aforesaid That all and singular the lands tenements and hereditaments and other estates with their and every of their members and appurtenances of within or appertaining to the half Barony of Irris alias Irrus or Erris and the Parish of Dunfiny alias Ducuni adjoyning unto Irris in the County of Mayo and the Parish of Termon-barry alias Tearmonbeary in the County of Roscommon and all and every or any of them vested in settled on forfeited to or belonging upon the said three and twentieth of October One thousand six hundred forty one or at any time since unto Your Majestie or Your Royal Father together with all the Mines and Minerals therein Royal Mines excepted and all Fishings on the Sea coasts of the same as also on the Loughs and fresh Rivers and waters thereunto in any wise belonging or appertaining be and they are hereby as from the five and twentieth day of March One thousand six hundred sixty five in the Seaventeenth year of your Majesties Raign vested in settled on and granted unto Sir Robert Vyner Knight Thomas Vyner Esq James Temple Henry Lewis and Silvanus Hyde of London Gent. their Heirs and Assignes for ever to be held of your Majestie your Heirs and Successors as of your Castle of Dublin in Free and Common Soccage at and under the yearly Rent of fifty pounds to be paid into your Majesties Exchequer at Michaelmas and Easter by equal portions And that Thomas Earl of Ossory Richard Earl of Burlington and Cork Roger Earl of Orrery Richard Earl of Arran and Robert Boyle Esquire their Heirs and Assigns for ever shall possess and enjoy the full benefit advantage and effect of your Majesties gracious Letters under your Royal Signet bearing date the Five and twentieth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto Sir James Shaen his Heirs and Assigns for ever in for or towards satisfaction of Adventures or Arrears for service done in Ireland and other interests confirmed allowed or satisfied by or intended allowed confirmed or satisfied by or in pursuance of your Majesties said gracious Declaration of the Thirtieth of November One thousand six hundred and sixty and other Concessions consistent with and agreeable to the same And also to have hold and enjoy to them their Heirs and Assigns for ever the full benefit advantage and effect of your Majesties Letters under your Royal Signet bearing date the Four and twentieth day of July One thousand six hundred sixty five in the Seventeenth year of your Reign in trust for and to the uses intents and purposes therein expressed mentioned and declared Excepting onely what concerns the lands and premisses in Irris Dunfiny and Tearmonbeary or any of them Any other Clause Provisoe Sentence matter or thing whatsoever in the said former
or this present Act contained or any retrenchment order or other matter or thing to the contrary in any wise notwithstanding so far forth as the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall finde the several matters and things herein contained to be consisted with or agreeable unto your Majesties said Declaration the said former or this Act or any of them And be it further Enacted by the Authority aforesaid That nothing in the said former or this present Act may or shall in any sort impeach the innocency of or otherwise prejudice Francis Ferrall of Mornine in the County of Longford Esq but that he shall be and he is hereby restored unto all and every the Lands Tenements and Hereditaments claimed by him whereof he was possessed the Three and twentieth of October One thousand six hundred forty one and thereunto rightfully intitled and are particularly recited and mentioned in his Decree from the late Commissioners whereby he is adjudged an Innocent person Notwithstanding his taking of lands in Conaght or any other cause matter or thing to the contrary And be it further Enacted by the Authority aforesaid That the Commissioners for the execution of this Act shall forthwith set out and restore to Sir Connel Farrell Knight and his Heirs all and singular the Messuages Mannors Lands Tenements and Hereditaments which in and by the said former Act were granted and restored or mentioned meant or intended to be granted and restored unto the said Sir Connell Farrell and all other the benefits and advantages of the said former Act And that certificates be thereof granted unto the said Sir Connell Farrell in order to the passing of Letters Patents accordingly And the said Commissioners are likewise to set out to Cornet Robert Meredith and all others who were or are seized or possessed of any of the said Lands Tenements or Hereditaments in satisfaction of any Adventures or Arrears such other forfeited lands as may be equal in quantity of Acres unto two full third parts of the lands so to be restored any thing herein before contained to the contrary notwithstanding Provided also and be it further Enacted that the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizal restore unto Colonel John Kelly of Skryne in the Barony of Athlone and County of Roscomon his heirs and Assignes all and every the Mannors Castles lands Tenements reversions remainders and all other hereditaments Right title condition and other interest and estate whatsoever which he the said John Kelly or any other in trust for him or to his use had held possessed or enjoyed or of Right ought to have had held possessed or enjoyed upon the two and twentieth day of October One thousand six hundred forty one And that after such Restitution and in lieu and satisfaction thereof the Commissioners do likewise with all convenient Speed set out and allot or cause to be set out and allotted unto the Adventurers Souldiers Protestant purchasors of lands in Connaght and Clare before the first day of September One thousand six hundred forty nine or their Trustees and their heirs Executors and Assignes respectively who shall be removed to make way for such restitution their several and respective two third parts or such other satisfaction as will be due to them by the rules of this Act out of some other forfeited and undisposed lands any thing in this or the said former Act contained to the contrary notwithstanding And whereas His Majestie in and by certain Letters Patents under the Great Seal of Ireland did give and grant unto Sir Henry Talbott Knight certain lands in Connaght in Exchange of and for certain other lands of his the said Sir Henry Talbott adjoyning to the Castle of Dublin and convenient for His Majesties service It is therefore hereby provided and Enacted That it shall and may be lawful to and for the said Sir Henry Talbott to have hold and enjoy to him and his heirs all and singular the lands Tenements and Hereditaments in Connaught in and by the said Letters Patents granted according to the tenor and effect of the same Letters Patents any thing in this Act contained to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith set out and allot unto all and every the Adventurers Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine their heirs and Assignes who now are seized or possessed of any Castles Houses lands Tenements and Hereditaments Rents interests and estates whatsoever in this Kingdom which Nicholas Plunkett of Balrath in the County of Meath Esq now Sir Nicholas Plunkett Knight rightfully had and enjoyed upon the two and twentieth of October One thousand six hundred forty one so much other forfeited lands as may be equal in value worth and purchase to two full third parts of the lands whereof they are so possest if they shall be willing to accept of such reprize and to be removed from the same And that all and every the messuages lands Tenements and Hereditaments for which they or any of them shall accept of such reprize and from which they or any of them shall be removed as aforesaid and the other third part of the premisses and all other messuages lands Tenements and Hereditaments Rents Interests trusts and estates whatsoever which at the time aforesaid did belong to the said Nicholas Plunkett shall be by the said Commissioners set out and allotted and granted unto James Hamilton Esq one of the Grooms of His Majesties Bedchamber his heirs Executors Administrators and Assignes respectively And in case any person or persons seized or possessed of the premisses or any part thereof shall not be willing to be reprized for or removed from the same as aforesaid the Commissioners for Execution of this Act shall forthwith set out and allot unto the said James Hamilton and his Heirs so much forfeited lands in some other convenient place as may be equal in value worth purchase to the said lands Tenements and Hereditaments or to so much thereof as the said Adventurers and Souldiers or other persons aforesaid shall be unwilling to be removed from and herein they are required to proceed with all convenient speed any thing in the said former or this present Act to the contrary notwithstanding And whereas in and by the said former Act and the Declaration therein recited it was provided that it should and might be lawful to and for his Majestie to restore any innocent Papists who were dispossessed of their Houses in Corporations to their several and respective Houses within the said Corporations His Majestie is graciously pleased that it may be Enacted And be it Enacted That the said clause and the power thereby reserved to His Majestie shall be and is hereby repealed released and discharged Provided
appurtenances in the said County of Wexford and all other Lordships Mannors Castles Lands Tenements Rents and Arrearages of Rents reserved and payable upon any Lease or Leases for lives or years or otherwise and all Reversions Remainders Services and Hereditaments late of the said Robert Wallop with their and every of their appurtenances in the said County of Wexford and also all that Priory or Rectory and Church Impropriate of Selsker in the said County of Wexford and all Houses Edifices Barns Stables Tythes Oblations Obventions Profits Commodities and Advantages whatsoever thereunto belonging or appertaining and all other Tithes or tenth parts of Corn Grain Hay Wool Lamb Fish and other Tithes whatsoever late of the said Robert Wallop yearly arising coming renewing or happening within the severall Parishes and Towns Vills fields hamletts tytheings and tytheable places of St. Margaret St. Ivern Ishartenon Kilmore Killame St. Peter Carycke Killoryn Ballysonon Ballnalden Killish Ardcavan and Ard-Collme Killmallock St. Nicholas Takillin Skreene Killisk Ballmestaine Selsker and St. Toolirck in the said County of Wexford and also all other Lordships Mannors Castles Abbeyes Towns Vills Territories Messuages Lands Tenements rents and arrearages of rents as aforesaid reversions tythes and hereditaments whatsoever in Ireland late the possessions of the said Robert Wallop and also all other Mannors Messuages Lands Tenements Meadowes feedings pastures woods under-woods tythes rents reversions and hereditaments together with all and singular Courts Courts-leet Courts-Baron viewes of Franckpledge and all that to Courts-Leete and viewes of Franckpledge appertaineth Perquisits and profits of Courts Chattels Waifes Estrayes Rights Iurisdictions Franchises Privileges Commodities Advantages Emoluments Hereditaments whatsoever to the aforesaid Lordships Mannors Castles Abbyes Lands Tenements Hereditaments and other the premisses aforesaid or any of them or any part or parcel of them in the said County of Wexford or elsewhere in this Kingdom of Ireland belonging or appertaining or accepted used reputed taken or known as part parcel or member of them or any part or parcel of them with their and every of their appurtenances late of the said Robert Wallop all which premisses by His Majesties Letters Patents under his Great Seal of England bearing date the six and twentieth day of September in the thirteenth year of his now Majesties Raign were mentioned to be granted by his said Majestie unto the said Thomas Earl of Southampton Lord Ashley Sir Orlando Bridgeman and Sir Henry Vernon and their Heirs and all and singular conditions covenants forfeitures entries titles and rights in any Indenture or Indentures of Lease of the premisses or any of them specified or contained or otherwise And be it further Enacted by the authority aforesaid That all and singular the said Castles Mannors Hereditaments and premisses shall be and are hereby declared and adjudged to be vested and settled in the said Thomas Earl of Southampton Anthony Ashley Lord Ashley Sir Orlando Bridgeman Sir Henry Vernon and their heirs and that as fully and amply as if the said Letters Patents had been good and effectual in law according to the intent and purpose thereof any thing in this or the said former Act to the contrary hereof in any withstanding And be it further Enacted That Sir Maurice Eustace Knight late Lord Chancellor of Ireland Arthur Earl of Essex Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloone Michael late Lord Bishop of Cork now Lord Chancellor of Ireland and Lord Archbishop of Dublin John Lord Vicecount Massareen Marke Lord Vicecount Dungannon Rober Boyle Esq Sir Arthur Forbus Major George Rawdon now Sir George Rawdon Baronet and the relict and heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cooke and the Orphans of Colonell Owen O Conelly Sir George Lane Sir James Waymes Sir George Ascough Sir Theophilus Jones Sir Walter Plunkett Sir George Preston Sir John Bellew Sir Martin Noel Sir St. John Broderick William Legg Esq Edward Vernon Esq Robert Southwell Esq Captain William Hamilton Maurice Keating Esq Erasmus Smith Esq Susanna Bastwick and her Children Sir William Pettie and all others particularly provided for in the said former Act and not particularly mentioned in this present Act and other special provisions made for them their heirs executors and Assigns do hold and enjoy to them their heirs and Assignes all and singular the lands tenements and hereditaments in and by the said former Act settled granted disposed and confirmed or mentioned meant or intended to be settled granted disposed and confirmed to them their heirs and Assignes and not already decreed away by such decrees as are herein confirmed and all other the benefits and advantages of this present Act and the benefits and advantages in and by the said former Act mentioned in any particular clause or other provisoe relating to them or any of them their heirs or Assignes the benefit of reprizals in the said former Act granted onely excepted any retrenchment or alteration thereof made by the Lord Lieutenant and Council of Ireland or any other matter or thing in this Act to the contrary notwithstanding And it is further Enacted that Sir William Penn shall hold and enjoy to him and his heires all and singular the lands Tenements and hereditaments situate in the County of Cork whereof he the said Sir William Penn by himself or his under tenants was upon the first day of March One thousand six hundred sixty and four in possession as tenant to his Majestie and in case the same shall fall short of the full value of One thousand pound per annum over and above all Quit rents charges and reprizes the Commissioners for Execution of this Act shall cause so much other forfeited land to be sett out and allotted unto the said Sir William Penn his Heirs and Assignes as may make up the same to the full cleer yearly value of One thousand pounds per annum as aforesaid and in case the lands held by the said Sir William Penn his undertenants or Assignes upon the said first day of March One thousand six hundred sixty and four shall exceed the value of One thousand pound per annum over and above all Quit rents charges and reprizes as aforesaid he the said Sir William Penn his Heirs and Assignes shall reconvey unto his Majestie his Heirs and Successors so much thereof as by the Commissioners for the execution of this Act shall be declared or by any Inquisition to be taken within two years after the Royal assent given to this Bill shall be found to be over and above the value of One thousand pounds per annum as aforesaid And it is further Enacted by the Authority aforesaid That the Earl of Clanrickard Earl of Castlehaven Morrough Earl of Inchequin the Earl of Clancarty Lord Vice-Count Dillon Simon Luttrell Dudley Bagnall Esq Henry Bagnall Catherine Corbett Theobald Purcell Esq and such others who are particularly mentioned in the said former Act to be restored to their estates and therein