prosecution thereof shall be fully satisfied and discharged but that it shall and may be lawful to and for His Majesty his Heirs and Successors to use and exercise his and their Power Prerogative and Authority Royal in all and every the Cases aforesaid as fully and amply as he or they might have done if this present Indenture had never been had nor made any thing herein before contained to the contrary in any wise notwithstanding PROVIDED also and so it is hereby declared and agreed that it shall and may be lawful to and for His Majesty his Heirs and Successors at any time or times after the date of these presents to issue out such and so many Commissions unto such person and persons as shall be thought fit thereby impowering and authorising them to make such reducements and abatements of the sums of money owing or which hereafter shall grow due unto His Majesty his Heirs or Successors as they shall think fit and hath formerly been accustomed in like Cases so always that all and singular such sum and sums of money which from and after such reducement shall be due and payable to His Majesty his Heirs or Successors or which after such reducements or other lawful deductions and allowances made as aforesaid shall be levied or received by any of His Majesties Officers shall forthwith be answered and paid over unto the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or the Survivors or Survivor of them or the Executors or Administrators of the Survivor of them any thing herein before contained to the contrary in any wise notwithstanding PROVIDED also and so it is hereby declared and agreed His Majesty may demise or grant for any Estate his Royal Mines and any Messuages Houses Mannors Castles Lands Tenements or Hereditaments in Ireland yet undisposed of or whereunto His Majesties Title shall hereafter appear so as such rent be reserved thereupon as may be at least equivalent to the new Quit-rents or the Ancient Crown Rent if it exceed the Quit-rent and no arrears of Quit-rent or mean profits be discharged that it shall and may be lawful to and for His Majesty his Heirs and Successors from time to time and at all times hereafter to give grant demise lease or confirm unto any person or persons all and every or any of His Majesties Royal Mines within the said Kingdom of Ireland * 6. and also any Messuages Houses Mannors Castles Lands Tenements or Hereditaments within the Realm of Ireland which are yet undisposed or whereunto His Majesties Right and Title shall at any time hereafter be made to appear for such Estate or Estates as His Majesty his Heirs or Successors shall think fit whether the same be an Estate of Inheritance Free-hold or term of years or any other less Estate so as upon every such Gift Grant Demise Lease or Conformation such Rents may alwayes be reserved as may be at least equivalent and proportionable to the new Quit-rents which by the late Acts of Settlement and Explanation are payable by Adventurers and Soldiers or to the Antient Crown Rents therefore payable where the Antient Crown Rents shall exceed the proportion of the new Quit-rents and so also that no arrears or mean profits due thereupon be any way remitted released or discharged any thing herein contained to the contrary in any wise notwithstanding If His Majesty grant any Lands c. to the uses of the Declaration 30th November 1660 other then to such or in trust to such who formerly received the issues and profits thereof the same shall be freed from arrears of Quit-rent and mean profits due before 25th December 1668 and V. R. c. shall not molest the Grantees nor the Lands granted but may take their remedy for the same against the former Enjoyers or Pervors of the profits of such Lands c. And if His Majesty his Heirs or Successors shall at any time hereafter for the better promoting the uses intents or purposes of His Majesties late gracious Declaration of the Thirtieth of November in the year One thousand six hundred and sixty give grant or demise any Messuages Mannors Lands Tenements and Hereditaments to any person or persons other then to such person or persons their heirs or assigns or to any in trust for him or them or to his or their use who formerly received the issues and profits thereof Then and in every such case all and every the Messuages Mannors Lands Tenements and Hereditaments so to be given granted demised or disposed as aforesaid shall be freed exonerated and discharged of and from all arrearages of Quit-rent and mean profits grown due incurred or accrued upon or before the Five and twentieth day of December in the year of our Lord One thousand six hundred sixty eight AND the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon nor the Survivors nor Survivor of them nor the Executors or Administrators of the Survivor of them shall in any sort vex or molest or disquiet any such person or persons to whom any Lands or Tenements shall be granted or disposed as aforesaid nor the Lands or Tenements so granted or disposed for or in respect of any such arrears of Quit-rents or mean profits but shall and may pursue and take such other remedy for recovery thereof in His Majesties Name or in their own Names against the former Tenants and Enjoyers of the said Lands and Tenements or the Pervors of the profits thereof as they shall be advised and by their Council learned in the Law Further Covenants from V. R. c. to His Majesty shall be thought expedient And the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon have covenanted and granted and by these presents for themselves and every of them their and every of their Heirs Executors and Administrators do covenant grant and agree to and with our said Sovereign Lord the Kings Majesty his Heirs and Successors That all and every the Farmers of the great Branches of His Majesties Revenue in Ireland The Farmers of the great Branches of the Revenue and those concerned in the Patent of Abatements and all other Farmers by vertue of any Grant under the Great Seal before 25th December 1670 may under their respective Articles Covenants Conditions and Provisoes enjoy their several Farms according to the tenor thereof without any let of V. R. c. by vertue of a Lease thereof made the twelfth day of June in the One and twentieth year of His Majesties Reign and herein before-mentioned And also such of the said Farmers who are again mentioned in His Majesties Letters Patents bearing date the third day of August in the said One and twentieth
and meer motion HATH demised and granted and by these presents for his Highness his heires and successors doth demise and grant unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphry Taylor and Ralph Bucknall all and all manner of chief-rents rents service of Inheritance rents of Assize And also all other rents rents charge rents seck or dry rents fee-farm rents rents reserved upon Leases which were made for 21 years or more Assart rents rents due for Purprestures arented Copyhold-rents and all other certain and ancient Crown-rents yearly payable unto His Majesty his Heirs or Successors within the said Realm of Ireland and which at any time after the Feast of the Nativity of our Lord now last past and before Payable to His Majesty His Heires and Successors from Christmass last to Christmass 1675. or untill the Feast of the Nativity of our Lord which shall be in the year of our Lord God 1675 inclusive shall or may grow due and payable or from time to time during the terme aforesaid of right ought to be paid unto his Majesty his Heirs or Successors by any person or persons bodies politick or corporate by reason of any Tenure Charter Patent Lease Demise or Grant made for the Terme of 21 years or more or to be made of any Messuages Mannors Lands Tenements or Hereditaments or of any Rights Royalties Liberties Priviledges Except all annual quit-rents whereof any grant or release hath been made by His Majesty bearing date before Michaelmass last past Franchises and Immunities whatsoever Except and alwayes reserved out of this present Demise all and every such annual quit-rents and payments of three pence per acre in the Province of Leinster two pence farthing per acre in the Province of Munster two pence half peny per acre in the Province of Connaught and two pence per acre in the Province of Vlster and of one shilling six pence out of every 20 shillings yearly for which any Houses in Corporations which have been allotted towards satisfaction of any arrears due to any Commissioned Officers who served His Majesty or His Royal Father before the 5 of June 1649 in the Wars of Ireland have been or shall be let or demised whereof any Grant or Release hath been made by His Majesty to any person or persons by vertue of any Letters patents under the Great Seal of England or under the Great Seal of Ireland bearing date before the Feast of S. Michael the Arch-angel now last past and next and immediately preceding the date of these presents And also except and alwayes reserved out of this present Demise all and every the yearly rents duties and sums of mony heretofore reserved and which of right still are and ought to be due and payable unto His Majesty his Heirs and Successors for or in respect of one or more Lease or Leases heretofore made and yet in being of all and singular the Customes and Subsidies of Tonnage and Poundage And the present farm of the Customes and all other sums of Mony due and payable in lieu of Custome and of all those Rates and Duties of Excise due and payable to His Majesty his Heirs and Successors for or by reason of any Goods Wares or Merchandizes imported into the Realm of Ireland And also for and in respect of one or more Lease or Leases heretofore made and still in being of all and singular the Rates and Duties of Excise due and payable to His Majesty his Heirs or Successors And also of the Excise for or by reason of any Beer Ale Aqua-vitae and other liquors Exciseable for or by reason of any Goods Wares Merchandizes or other commodities of the growth production or manufacture of the Realm of Ireland commonly called The Inland Excise And of all other rates and duties due and payable unto His Majesty his Heirs or Successors for or in respect of any Licenses granted or to be granted for selling of Ale and Beer by retaile all which rates and duties And Ale and Beer Licenses or the rents thereupon reserved during the continuance of the said several and respective termes and Leases shall remain and be payable unto His Majesty his Heirs and Successors any thing herein before contained to the contrary notwithstanding TO HAVE AND TO HOLD all and every the Rates Charges The Habendum Duties and Impositions of two shillings sterling by the year which by vertue of the said late Act for the establishing an additional Revenue upon His Majesty his Heirs and Successors for the better support of His and their Crown and Dignity and by vertue of the said late additional Act for the better ordering and collecting the Revenue arising by Hearth-mony are due and payable or may grow due and payable unto His Majesty his Heirs or Successors for or by reason of any Fire-hearth or other place used for firing and Stoves within any House or Edifice or other place within the Realm of Ireland except before excepted And also all those Rates Charges Duties Impositions and sums of Mony which by vertue of the late Act for the better ordering the selling of Wines and Aqua-vitae together with all sorts of strong waters by retaile are due and payable or may grow due and payable by such person or persons who now are or hereafter may be licensed to utter or sell by way of Retaile in their respective houses any Wine Aqua-vitae Vsquebagh Brandy Balkan or any kind of distilled strong-waters or spirits except before excepted and also all and every the several and respective annual Quit-rents and payments of three pence per acre for every Acre in the Province of Leinster and two pence farthing per acre for every acre in the Province of Munster and one penny half-penny per Acre for every acre in the Province of Connaught and two pence per acre for every acre in the Province of Vlster and of one shilling and six pence yearly for every twenty shillings rent for which any houses in any Corporation in Ireland allotted to any person his heirs or assigns in satisfaction of any arrears hath been or shall be let or demised and all other the annual Quit-rents and payments which by vertue of the said two late Acts of Parliament commonly called The Act of Settlement and The Act of Explanation or either of them are or may grow due and payable unto his Majesty his Heirs or Successors and are charged upon and made to be issuing out of the several and respective Lands therein specified and declared except before excepted and also all manner of chief rents rents service of Inheritance rents of assize rents charge rents seck or dry rents fee-farm-rents and all other ancient Crown-rents yearly payable unto his Majesty his Heirs or Successors within the Realm of Ireland except before excepted and all other the premises herein before mentioned with their and every of
said Annual Quit-rents of such Lands shall or may amount unto any Continuance of such Lands in the hands and possession of his Majesty or any granting thereof in Custodium or other letting or devising of the same to the contrary notwithstanding Saving alwayes to his Majesty such Rents as are or shall be reserved of any such Grant in Custodium or other Lease thereof made or to be made for any less Term than one and twenty years PROVIDED lastly that if the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Buck-nall their Executors Administrators or Assigns shall not within the space of Twelve moneths next ensuing the date hereof cause this present Indenture to be enrolled in his Majesties High Court of Chancery in Ireland and also in the Court of Exchequer in Ireland in the Office of the Treasurers Remembrancer there That then and in such case and for every such default the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them shall forfeit and lose unto His Majesty his Heirs and Successors the sum of One hundred pounds for each moneth after the said year expired wherein the said Indenture shall remain and continue without Enrolment thereof made in manner and form aforesaid IN WITNESS WHEREOF Our said Sovereign Lord the King to one part of this present Indenture remaining in the hands of the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall hath caused his Great Seal of England to be affixed And to the other part thereof remaining in the hands of our said Sovereign Lord the King the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall have interchangably set their Hands and Seals the Day and Year first above written By the King May it please Your most Excellent Majesty YOur Majesty in consideration of 70000 pounds advanced by 10000 pounds per mensem and covenanted to be left in Your Majesties hands for four years at 10 pounds per cent and good security to be given for payment of your Rent when any part of it shall be taken out and in consideration of the Rents reserved Is hereby gratiously pleased to Demise unto John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall Your Revenue in Ireland arising by Hearth-money Licenses to retaile Wine and Strong-waters the new Quit-rents given to Your Majesty by the Acts of Settlement and Explanation the Chief-rents Fee-farme-rents Rents service Rents charge Rents secke Rents reserved upon Leases exceeding one and twenty years Coppyhold and all other ancient Crown-rents except such Quit-rents as have been granted or released by your Majesty since Michaelmas last and except the Rents reserved upon the Farms of the Customs and Excise which are yet in being To have and to hold from Christmass-day last for seven years Rendering yearly 91500 pounds at the four usual Feasts The first payment was to begin at our Lady-day last past And your Majesty is further pleased to Demise unto them your Revenue arising by Customes and imported Excise To have and to hold from Christmass-day next ensuing for six years rendering yearly seventy five thousand pounds But the times of payment thereof are to be monethly according to the rate of 6000 pounds a moneth at two several payments in the moneth by Equal portions The first payment is to begin on the 31 of January next but every 15 of January following during the Terme and also upon the 15 of January after the Terme there must be paid 6000 pounds And your Majesty is further pleased to demise unto them your Revenue arising by Inland Excise and by Licenses to Retaile Ale and Beer To have and to hold for four years and three quarters from the 25 of March 1671 Rendering yearly 53000 pounds for the first four years by four quartely payments and 39750 pounds during the last three quarters with Covenants and Provisoes suitable to the respective Terms which have been seen and examined by the Lords Commissioners of His Majesties Treasury and by some of the Lords of His Majesties Privy Council in England and some of the Lords and others of His Majesties Privy Council in Ireland HENEAGE FINCH THE PATENT FOR THE ABATEMENT CARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all to whom these presents shall come Greeting Recital of the aforesaid Indenture c. Whereas We in and by one Indenture of Demise bearing date the Twelfth Day of July last past before the date hereof made or mentioned to be made between Our-self of the one part and John Forth Alderman and now one of the Sheriffs of the City of London William Bucknall William Dashwood Philip Jemmet John Breedon of the City of London Esquires James Hayes of Lincolns Inne in the County of Middlesex Esquire Dannet Forth George Dashwood of the City of London Esquires William Muschamp and Humphrey Taylor of Dublin in the Kingdom of Ireland Esquires and Ralph Bucknall of the City of London Esquire of the other part for the considerations therein mentioned have demised granted and to Farm lett unto the said John Forth and other the Persons last before mentioned the Duty arising by Hearth-money the Duties arising by Licences to retail Wine and Strong-waters all the New Quit-rents given to Us by the late Acts commonly called The Acts of Settlement and Explanation all Chief Rents and Fee-farm Rents all Rents Service Rents Charge Rents Seck Rents reserved upon Leases Exceeding 21. years at the making hereof Assart Rents Rents due for Purprestures arrented Copyhold Rents and all other certain Rents Annuities and Sums of Money yearly payable to Us within Our said Kingdom of Ireland whether the same be due by the Common Law Statutes Custom or Prescription or by our Ancient Prerogative Right and Inheritance of the Crown or otherwise howsoever Except the Rents payable upon the Farm of the Customs and Imported Excize within our said Kingdom of Ireland still in being and the Rents due and payable upon the Farm of Beer and Ale and other the In-land Excize and of the Moneys payable for Licences to retail Ale and Beer which is still also in being To have and to hold from Christmass-day last for seven years from thence next ensuing under the yearly Rent of Fourscore and Eleven thousand and five hundred pounds of lawfull English Money or lawful Irish Money equivalent thereto at the four usual feasts by equal portions And the first payment thereof
duplicates to be signed without Fee 15 v. Oath v. Payment Due to the Exchequer Officers upon Exchequer Receipts the Farmers to pay them 102 Foaring Beer to be allowed 60 Forfeitures v. Transportation Of Securities by those licensed to retaile Wine and Strong-waters or by Collectors of the Rents to be to the Farmers 19 And all executions thereupon ib. And then to be delivered to the Farmers without further Account and the Officers discharged 20 If hindred therein to have Defalcation 21 Moderation of forfeitures of Customes to be made by the Lord Lieutenant c. 58 Of Compositions 72 Of all the duties Such Grants to be made of them to the Farmers as they shall desire 76 Judges c. commanded to put the Laws in execution and to levy them and therefore the Farmers are made Collectors 81 To be paid quarterly or within one and twenty dayes after over and above the rent ib. Or so much as remaines in their hands after all defalcations c. satisfied ib. And are to defalk so much 82 If the Rents be not paid at the dayes and times limitted 96 97 And then the Lord Lieutenant c. may discharge the Farmers and the lease to be void 98 But the profits received between the last rent paid and such avoidance to be answered to His Majesty ib If the farme be seized a provision for the 70000 l. and interest ib. French shipping v. Exception G. Gold v. Transportation Gifts of honour 37 H. Habendum The Quit-rents c. Hearth-money Wine-licenses 7 From Christmass last for seven years 8 The Customes and imported Excize from Christmass next 25 The Inland Excise and Ale and Beer licenses 69 The Abatement of the Rents reserved upon the lease of the Farme 109 I. Imposition No new Imposition without the Farmers consent unless by Authority of Parliament 51 Increase of the duties by Act of Parliament the rent to increase and to account for the Overplus 95 K. King Goods imported solely on his account or jointly with others to have defalcation 35 36 v. Officers His Officers power preserved as to the Customes 41 L. Lands enclosed in Phaenix-park 101 Logwood v. Exception Leather v. Act Licence v. Wool-flocks M. Marque 27 Market not to be filled towards the end of the Farm 67 N. Non obstante The clause in the Act for Hearth-money 8 The Act for Excise 30 The clause in the Act for Ale and Beer-licences 70 And the Act of Excise 71. And every Order Custom Ordinance c. ib. His Majesty will accept Assignment non obstante any Privy Seal c. 75 Non-recitals mis-recitals 91 Non-recitals and mis-recitals in the first Patent 112 Notice to the Kings Officers upon goods landed 67 O. Oath to examine Shippers 42 Power to administer as to the Customs ib. The Fees how to be paid 43 Obstruction In the Duties of the first Demise to have Defalcation with interest and damages 18. Lord Lieutenant upon proof to allow the same ib. If hindred in the first Demise to have Defalcation 21 In the Customs by His Majesty or his Ancestors or hereafter shall discharge any unless by their consent to have Defalcation by Retayner 32 33 34 In the having the Forfeitures of Bonds for Excise Defalcation by Retayner 73 Officers entry of goods 27 Kings Officers to do no prejudice to the Farmers in taking the Customs 38 And the penalty thereupon 39 v. King Offices publique the Farmers and their Officers are freed from 85 Publique the Farmers to have the use of them and may expend 3000 l. for repairs to be deducted out of the last Quarters Rent 92 And they are to keep and leave them in good repair 93 P. Payments On the first Demise 13 On the Customs 30 By monethly payments 31 The Fees Salaries c. of Customers Controllers c. 54 And the Exchequer Officers 55 Annuities Pensions c. issuing out of the Customs ib. And to have Defalcation ib. On the Excise and for Ale and Beer-licences 69 No advantage to be taken if the first Quarters Rent be paid within six moneths after the date 101 v. Forfeiture If any mony be payed into the Exchequer it shall be accepted in part of Rent if any due 17 If none due or not so much as is payd in to have it out again without Fee ib. Pardon his Majesty will not pardon any of the Duties 89 The King may pardon offences against the 11 and 13 Eliz 100 Power to do what the Kings Officers can do 13 To put the Acts in execution 14 Pirates 27 Prizage v. Exception Port-Corne v. Exception Presents Custome-free 37 Practices in the Customes how reformed 44 Port-Bonds 46 One port to be free in each Province 66 Plague whereby the Duties lessened Defalcation 83 Q. Quit-rents granted or released before Michaelmas last to have no Defalcation 101 Quiet Enjoyment v. Rent R. Rates v. Diminish Repairs v. Offices Rent during the whole terme recited 2 If cease by the Kings seizing or by judgement in the Exchequer for Innocent Papists to have defalcation 22 If Rents concealed except the new Quit-rents what for their paines and how payd 23. 24 Quiet enjoyment 91 The Farmers to have only the Rents of Lands vested in his Majesty by the Acts and granted in Custodiam or demised for years and in default to pay themselves by retayner 103 Saving the Rent upon leases for one and twenty years or a lesser terme ib. Power to detayne so much as abated by the Patent of Abatement 110 Records and Returns To have the Custody 14 To be signed withont Fee ib. And placed in the Farmers Head-Office 15 All persons except such as have not finished their Accounts are to deliver them to the Farmers c. 16 A discharge for the delivery of them ib Retayner If obstructed in the duties of the first demise 18 Or in the Customs v. Obstruction in the second demise 32 v. King For victual apparel c. 37 v. Bonds v. Rents S. Saffers v. Exception v. Fofeitures Power to sue them en the first demise in the Kings name 20 For Wine licenses who to take them and who answerable ib. For the Excise the Commissioners to take none but what they will answer for without the Farmers consent 72 Search v. Customes Seizures for Customes 45 How to be laid up and discharged ib. Of the Farme v. Forfeiture Shop keepers v. Bonds Ships v. French shipping That shall be built there of three decks what to be allowed 61 Smaults v. Exception Suites to be in the Kings name and the Farmers to have the benefit 89 22 Store-bils to be allowed 59 And differences thereupon to be decided by the Lord Lieutenant c. ib. T. Transportation Bonds of Merchants not to transport Gold or Silver if forfeited Farmers to have the benefit 46 47 Those Bonds to be prosecuted in the Kings name 44 Exchequer Officers to deliver the moneys upon such Bonds ib Merchants strangers to import within eight moneths what they exported Custome-free 61 And subjects borne within twelve moneths if the property be not altered ib. Taxes publick the Farmers c. freed from 85 U. Unlading of Goods without Entry 27 Victual 37 W. Warrants v. Customes Warehouse-roome 46 Wool v. Act. War to suspend or lessen the duties v. Defalcation Wool-flocks license to transport them to continue 99 FINIS
it stands And that I would besides give Your Majesty Fourscore thousand pounds sterling to be paid in two years from the end of the Farm by equal Portions half yearly Your Majesty superceding the Commission of Enquiry lately issued and impowering me to Receive the Benefit of all that is or shall be due or payable to You until the 26 of December 1675. excepting any Addition to Your Revenue that shall hereafter be made by Act of Parliament and excepting 7000 l. being the Ballance of the Earl of Anglesey's Account and about 20000 l. being the Ballance of Sir George Carteret's Account This I do now Humbly offer to Your Majesty that my Proposal may not be either forgotten or mistaken whilst I am preparing to put it into better form TO THE KINGS Most Excellent MAJESTY The Humble Proposals of Richard Lord Viscount Ranelagh THat the Charge of His Majesties Kingdom of Ireland not exceeding what it is computed to be in a Paper styled The State of Your Majesties Revenue delivered in by your Vice-Treasurer shall from the 25 of December 1670. until the 26 of December 1675. be fully and duely answered and discharged excepting what ought to be deducted for Cheques made by your Majesties sworn Officers That all arrears of Pay due to your Martial and Civil Lists at or on the last day of December last past according to the establishment and all other Debts mentioned in the aforesaid State which your Majesty is obliged to pay shall before the 25 of December 1675. be fully paid and discharged and that without any Composition or Defalcation except the Fees and Cheques usually and duely made and except what shall be found to be still due of the Ten months Arrears in the Lords Justices time which hath all along been compounded for one half and so much every body concerned therein shall have That all such Defalcations as shall appear to be justly due unto the late Farmers of your Majesties Customs Imported Inland Excize Licenses for Ale and Beer Licenses for Wine Aquavitae and Strong-waters during the two years and three quarters of the late War with the Dutch shall be adjusted and setled in such manner as your Majesty shall be wholly freed and discharged from any Demand for or concerning the same That the present Farmers of His Majesties Revenue in Ireland may continue their Farms under the Articles Covenants Conditions and Provisions mentioned in their several Grants and that any pretence of Defalcation by them shall be solely determined in such manner as by their several Agreements is and was appointed without any Lett or Interruption therein That your Majesty shall have and dispose of as you shall think fit the Ballances of the Earl of Anglesey's Account and the Ballance of Sir George Carteret's Account being 20000 l. or thereabouts That as to any addition which shall hereafter be made to your Majesties Revenue by Act of Parliament the Proposer will in no wise pretend thereunto or intermeddle therewith That the Proposer over and above the Payments and Discharges to be made as aforesaid will be engaged to pay your Majesty 80000 l. sterling within the space of two years to commence from the 25 of December 1675. by four equal Portions half yearly That Your Majesty may continue the Excize of Your Royal Prerogative and Power to Suspend Mitigate Reduce or Pardon any Particulars under the survey of the Greenwax and any Fines and Forfeitures upon Penal Laws other then such as relate to your Revenue and for appointing Commissioners for reducements thereof But that all such Moneys which after such reducements shall be Payable Levied or Received by Your Majesties Officers shall belong to the Proposer That as for any payment due to Your Majesty from the Clergy for First Fruits or Twentieth Parts the Proposer will be concluded by such Returns as shall be made by the Commissioners lately impowred for that purpose under the Great Seal of Ireland That to the end Your Majesties Revenue may not be diverted out of its proper and usual Channel The Proposer Declares That all Moneys due and payable to Your Majesty whither upon the account of the present Farms Arrears or otherwise shall be answered and brought into the Receipt of Your Majesties Exchequer in the same manner as formerly to be there ready to answer the Vses herein undertaken That all Warrants for the issuing out of any of Your Majesties said Revenue shall be Signed and Ordered as formerly by your Majesty or Chief Governor and directed to the Proposer who will forthwith answer the same according to the intent of these Proposals That the 30000 l. Granted by Your Majesty to the Earl of Suffolk shall be satisfied out of the proper Fond whereon it is Charged That it is not intended hereby to abridge Your Majesty from Granting Leasing or Confirming unto any Person or Persons c. any Messuages Lands Tenements or Hereditaments within Your said Kingdom which are yet undisposed of or to which Your Majesties Title hereafter shall be made appear so that the Quit-Rents or the crown-Crown-Rents which shall be found most for Your Majesties profit be reserved and no Arrears or mean Profits due thereon be remitted That to prevent and avoid the many and sad consequences which may happen by a speedy and rigid Levying and bringing in of Your Majesties Debts and Dues and to secure and ease Your Subjects from any unnecessary trouble unjust vexations or double payments It is Humbly Proposed 1. THat all Persons in Arrears for Quit-Rents shall have the full benefit and effect of a Covenant for Instalments already made between Your Majesty and the present Farmers of Your Revenue 2. That a Power may be given to Your Governors and such others whom Your Majesty shall think fit to appoint for Installing all other the Debts Arrears c. due to Your Majesty on or before the 25 of December 1670. where they shall see cause upon consideration had upon every respective Case so that none of them be installed for above eight half yearly Payments of which none to extend beyond the 24 day of June 1675. And that the payment so Installed be sufficiently secured But this Power not to extend to any Farmers Receivers or Collectors who either are or have been of Your Majesties Revenue nor to any small or inconsiderable Sums except the Debtors be found very unable nor to any who shall not own the Debts or will not consent to secure the Payments thereof by such Installments without Suits at Law 3. That nothing which is not now in charge shall be sued for or Levied until satisfaction be first given to the chief Governor and such others whom Your Majesty shall please to appoint that there is good grounds for so doing and that Your Majesty is justly entituled thereunto 4. That the chief Governour may be directed to issue out Proclamations as occasion shall require whereby all Collectors Receivers and Accomptants may be warned within a reasonable time to come in
Majesties Prerogative to pardon Offendors or to remit or reduce forfeited Recognizances of the Peace good behaviour appearances or other particulars of the Green-Wax or Fines and Forfeitures against the Laws or Outlawries other then what relates to the Revenue unless the duty for which the same shall happen with the Costs and Charges be fully satisfied but His Majesty may exercise his Royal Authority in such Cases as amply as if this Indenture had not been made And His Majesty may issue Commissions for reducement of such sums of Money as hath been accustomed so as the sums due to His Majesty after such reducements or levied by his Officers shall be paid to V. R. c. Page 14 15. His Majesty may demise or grant for any Estate his Royal Mines and any Messuages Houses Mannors Castles Lands Tenements or Hereditaments in Ireland yet undisposed of or whereunto His Majesties Title shall hereafter appear so as such Rent be reserved thereupon as may be at least equivalent to the new Quit-rents or the ancient Crown-rent if it exceed the Quit-rent and no Arrears of Quit-rent or mean profits be discharged Page 15. If His Majesty grant any Lands c. to the uses of the Declarations 30th November 1660 other then to such or in trust to such who formerly received the issues and profits thereof the same shall be freed from Arrears of Quit-rent and mean profits due before 25th December 1668 and V. R. c. shall not molest the Grantees nor the Lands granted but may take their remedy for the same against the former Enjoyers or Pervors of the Profits of such Lands c. Page 16. Further Covenants from V. R. c. to His Majesty Page 16. The Farmers of the great Branches of the Revenue and those concerned in the Patent of Abatements and all other Farmers by vertue of any Grant under the Great Seal before the 25th December 1670 may under their respective Articles Covenants Conditions and Provisoes enjoy their several Farms according to the tenor thereof without any lett of V. R. c. Page 17. V. R. c. shall not demand Defalcations for any sums which are or shall be allowed to such Farmers for the two years ending 25th December 1670 or for or in respect of any other matters or things settled and determined before that time in pursuance of and according to such Grants or for any pretensions of the said Farmers upon the 9th of June 1671 depending in the Exchequer at Dublin for Defalcations for Lands in Certificate and not past in Letters Patents or for the Composition Rents which way soever the same shall be determined Page 17. The Defalcations which may hereafter be pretended unto by the said Farmers shall be only determined in such way as by their several Agreements is appointed Page 17. V. R. c. shall allow the usual Enstallments for payment of First-fruits or Twentieth parts and will be concluded by the values made or to be made by the Commissioners now or hereafter to be appointed under the Great Seal and His Majesty in case any defect of the Commissions will give Order for renewing and rectifying the same and for proceeding thereupon in as ample manner as His Majesty might have done if this Indenture were not made Page 18. Further Provisoes Limitations and Restrictions Page 18. His Majesty may alter the payments in the Civil and Military Lists of the Establishments so as the whole yearly charge do not in any one year exceed 171843 li. 5 s. 6. d. and may appoint the method and precedency of the payment of His Majesties debts so as those for which Interest is payable be first satisfied Page 18. If His Majesty shall not renue any Pension or Temporary Payment in the Establishment which shall cease or be determined V. R. c. shall pay His Majesty so much as the same would have amounted unto if it had not been determined Page 19. His Majesty may dispose of 7155 li. 4 s. 10 d. ½ due on the Ballance of the Earl of Anglesey's Account until second July 1667 And of 19491 li. 5 s. 4 d. due on the Ballance of the Account of Sir Geo. Carteret until 20th January 1669 without allowing of any defalcations for the same Page 19. So much of the 50000 li. payable to the Duke of Ormond by the Act of Explanation as is yet behind And the yearly summe of 5000 li. per annum granted to him out of the Quit-rents for a term unexpired And 30000 li. granted to James E. Suffolke shall be paid unto them respectively out of the several Fonds on which the same are charged as the same would have been if this Indenture had not been made without any Defalcations Page 19. If His Majesty remit unto E. Anglesey the mean profits and Quit-rents of the Lands in Beare and Bantry mentioned in his Certificate reserving the Antient Crown rents from the date of the Certificate until the 25th December 1670 reserving onely the yearly Rent of one half peny out of every Acre of the said Lands V. R. c. shall have no defalcations for the same Page 20. If His Majesty shall pardon or discharge Sir James Shaene and his Estate from any suits or demands concerning any Moneys received from His Majesty towards the Purchase of the Customs of Londonderry or any other debts duties or arrearages whatsoever other then the arrears of Quit-rent Crown-rent the years value or reapplotment of the deficiency thereof V. R. c. shall have no defalcation in respect thereof Page 20. If V. R. c. shall sue in their own or His Majesties name and thereupon cause any Lands to be seized or extended for the Payment of Arrears the same shall be so done that no interruption shall be given to the present Farmers contrary to His Majesties Covenants with them and they will bear the whole loss without any defalcations for the same Page 20. His Majesty further Covenants That all the Moneys which are or shall grow due or be payable unto His Majesty before the 26th of December 1675 shall during the term be brought into the Receipt of the Exchequer at Dublin in the usual manner to the end the same may be applied to the Vses herein mentioned Page 21. His Majesty will commissionate R. V. Ranelagh Sir Alexander Bence Sir James Hayes John Bence and George Dashwood to be His Majesties Officers and Commissioners to have the sole custody of all Moneys so brought in and sole power to receive give discharges for and issue the same to the Vses of this Indenture with clauses therein totally to prohibit any other from intermedling therein during the said time Page 22. All Warrants for payments of any money from the 4th of August 1671 to the 26th of December 1675 shall be so made and signed by the Chief Governour of Ireland and directed to the said R. V. R. Sir A. B. Sir J. H. J. B. and G. D. onely to the intent they may wholly apply the
His Majesties said Debts so alwayes that such debts for which Interest is or shall be payable be satisfied and paid in the first place and before any other debts for which no Interest is or shall be due or payable any thing herein before or after contained to the contrary notwithstanding Provided also That if any Pention Annuity If His Majesty shall not renue any Pention or Temporary payment in the Establishment which shall cease or be determined V.R. c. shall pay His Majesty so much as the same would have amounted unto if it had not been determined or Temporary payment so as aforesaid determined shall not be thought fit to be renued that then and in every such case the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon and all and every Person and Persons claiming by from or under them or any of them * 7 shall pay or cause to be paid unto His Majesty His Heirs and Successors so much Money over and above all the sums and payments herein before agreed to be paid as the said Annuity or Pention so as aforesaid determined would have amounted to and in such manner and forme and at such times as the same Annuity or Pention should have been paid if it had not been determined any thing herein before contained to the contrary notwithstanding Provided also And it is further Concluded and Agreed His Majesty may dispose of 7155 l. 4 s. 10d ½ due on the Ballance of the Earl of Angleseys account untill 2d July 67 And of 19491 l. 5 s. 4 d. due on the Ballance of the Accompt of Sir George Carteret untill 20 January 69 without allowing of any Defalcations for the same and so is hereby declared That it shall and may be lawfull to and for His Majesty His Heirs and Successors to have receive and dispose of the full benefit and advantage of Seven thousand one hundred fifty five pounds four shillings ten pence half penny remaining upon the ballance of the Earl of Angleseys account untill the second day of Iuly One thousand six hundred sixty seven and also of the sum of Nineteen thousand four hundred ninety one pounds five shillings and four pence remaining due upon the ballance of the Accompt of Sir George Carteret untill the twentieth day of Ianuary One thousand six hundred sixty nine without making or allowing any Defalcations or abatements therefore out of the said Eighty thousand pounds or any other the sums of money herein before agreed to be paid to or for His Majesty His Heirs or Successors any thing herein contained to the contrary in any wise notwithstanding Provided also and it is further concluded and agreed So much of the 50000 l. payable to the Duke of Ormond by the Act of Explanation as is yet behind And the yearly sum of 5000 l. per annum granted to him out of the Quit-rents for a terme unexpired And 30000l. granted to James E. of Suffolke shall be paid unto them respectively out of the several Fonds on which the same are charged as the same would have been if this Indenture had not been made without any Defalcations and so is hereby Declared that the sum of Fifty thousand pounds payable to James Duke of Ormond or his Assignes by the Act of Explanation or so much thereof as is yet behind and unpaid and also the yearly sum of Five thousand pounds per annum granted by His Majesty to the said Iames Duke of Ormond out of the Quit-rents for a terme of years yet unexpired And also the sum of Thirty thousand pounds granted by His Majesty unto Iames Earl of Suffolke shall remain and continue payable and be duely satisfied and paid unto the said James Duke of Ormond and James Earl of Suffolke respectively and to their several and respective Executors Administrators and Assignes out of the several and respective Fonds whereon the same are charged by such person and persons and with such preferences and in such order manner and forme as the said several and respective sums would or ought to have been paid if this present Indenture had not been made deducting onely thereout the due Fees and Charges therefore payable without making or allowing any Defalcations or Abatements therefore out of the said Eighty thousand pounds or any other the sums of Mony herein before agreed to be paid to or for His Majesty His Heires or Successors any thing herein contained to the contrary in any wise notwithstanding If His Majesty remit unto E. Anglesey the Meane-Profits and Quit-rents of the Lands in Beare and Bantry mentioned in his Certificate reserving the antient crown-Crown-rents from the date of the Certificate untill the 25th December 70 reserving only the yearly rent of one half penny out of every Acre of the said Lands V.R. c. shall have no defalcations for the same Provided also and it is hereby further agreed and so declared That if His Majesty shall graciously please to grant pardon remitt and discharge unto Arthur Earl of Anglesey all and every or any the Meane-profits and Quit-rents due on out of or for the Lands in the Barrony of Beare and Bantry in the County of Corke mentioned in his Certificate reserving only the antient crown-Crown-rents from the date of the said Certificate untill the Five and twentieth day of December One thousand six hundred and seventy reserving only the yearly Rent of one half-penny out of every Acre of the said Lands that then and in such case the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon nor any of them nor any claiming under them or any of them shall have any Abatement or Defalcation in respect thereof out of the said Eighty thousand pounds or any the sums of Mony herein Covenanted or undertaken to be discharged and paid by them any thing herein contained to the contrary in any wise notwithstanding If His Majesty shall pardon or discharge Sir James Shaen and His Estate from any Suites or Demands concerning any Moneys received from His Majesty towards the Purchase of the Customes of Londonderry or any other debts duties or arrearages whatsoever other then the arrears of Quitrent Crown rent the years value or reapplotment of the deficiency thereof V. R. c. shall have no defalcation in respect thereof If V. R. c. shall sue in their own or His Majesties name and thereupon cause any Lands to be seized or extended for the Payment of Arrears the same shall be so done that no interruption shall be given to the present Farmers contrary to His Majesties Covenants with them and they will beare the whole loss without any Defalcations for the same Provided likewise That if His Majesty shall gratiously please to remit pardon release or otherwise discharge Sir Iames Shaen Knight
forfeitures of the said Obligations or Recognizances shall be levied or paid into the Court of Exchequer And when the forfeitures are levyed they are to be delivered to the Farmers without further account so often all and every the said penalties and forfeitures be delivered unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes to their onely use and benefit without any other or further account And for so doing these Presents And the Officers discharged Commissioners for licenses to sell VVine c. not take Securities but such as they will answer for without the Farmers consent or the Enrolment thereof shall be to them and every of them and to all other Officers and Ministers to whom it shall appertain a sufficient Warrant and Discharge in that behalf And our said Soveraign Lord the King doth further charge and command all and every the Commissioners for granting of Licenses to persons to sell Wine Aquavitae or Strong-waters by Retaile that they presume not to take any Bonds or Recognizances by vertue of the said Act but of such sufficient persons for whom they will undertake if the parties prove unable unless the said Bonds and Recognizances be taken with or by the consent and good liking of the said John Forth William Bucknall VVilliam Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood VVilliam Muschamp Vnder their hands or the hands of some of them Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes or some of them thereunto first had by writing under their or some of their hands And that they do not deliver cancel or make void the said Bonds or Recognizances or any of them unless it be after notice first given to and with the consent and good liking of the said John Forth VVilliam Bucknall VVilliam Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes or some of them in writing first had and obtained And if any act done or to be done by His Majesty his Heires or Successors or by the Lord Lieutenant or other Chief Governor or Governors of Ireland and Council there for the time being or by the Lord Treasurer the Vice-Treasurer Chancellor and Barons of the Exchequer or by any other Officers or Ministers of his Majesties Revenues there for the time being or by any of them shall be any obstruction or hinderance unto them the said John Forth William Bucknall William Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood William Muschamp If they are hindred in receiving the forfeitures Fees of the Court excepted they are to have Defalcation by retainer Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assignes in the having or receiving the full benefit of such forfeited Obligations and the penalties thereof or of the Iudgments and Executions thereupon had the due and lawful Fees of the Officers of the said Court onely excepted Then his Majesty is pleased that there shall be an allowance and Defalcation made by way of recouper and retainer of so much of the rate by these presents reserved as may be sufficient to give recompence and satisfaction for the same And his Majesty doth hereby authorize the Lord Lieutenant or other chief Governor and Governors of Ireland VVhich the Lord Lieutenant c. upon proof are to allow of without further VVarrant and Council there for the time being or any six or more of them whereof the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being to be alwayes one or more upon due proof thereof made to grant unto them an Order in writing for the allowance of such Defalcations without any other or further Warrant from his Majesty to be therefore had or obtained And his Majesty for himself his Heires and Successors is further pleased to covenant and grant to and with the said Iohn Forth William Bucknall VVilliam Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood VVilliam Muschamp Humphrey Taylor and Ralph Bucknall and every of them that it shall and may be lawful to and for the said Iohn Forth VVilliam Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes and every of them from time to time and at all times during the continuance of this present Demise to sue for distreyne levy prosecute and recover all and every the Quit-rents and Annual payments hereby demised Power to sue in the Kings name and to have the benefit of all Process seizure execution c. of which all Iudges and Officers are to take notice and the arrearages thereof in his Majesties name or in their own names as they shall be advised And further that they and every of them shall have the full benefit and advantage of all such Process seizure execution power and prerogative as his Majesty might have used and exercised for the due and legal recovery of the premises or any part thereof if this present Demise had not been made And hereof all Iudges Officers and Ministers of His Majesties revenue are required to take notice and to be aiding and assisting to them accordingly And his said Majesty doth hereby further for him his Heirs and Successors covenant promise and grant to and with the said Iohn Forth William Bucknall VVilliam Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood VVilliam Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes that if any Lands tenements or hereditaments within the said Realme of Ireland charged or chargeable with any Rents If Rents by the Kings seizing of Land Quit-rents or other payments hereby demised shall at any time hereafter come into the possession of his Majesty his Heires or Successors by vertue of any Grant Surrender or other Conveyance or of any Attainder of Treason Misprision of Treason Felony Premunire or otherwise howsoever whereby or by reason whereof any of the Rents Quit-rents or other payments hereby granted or any of them shall cease determine or otherwise be extinguished or if any Iudgment hath been or shall hereafter be given in his Majesties Court of Exchequer or any other of his Courts at Dublin whereby any Lands which were vested in his Majesty or restored by any Decrees which are confirmed by the Explanatory Act or setled by any Clause or Proviso without a particular exemption from Quit-rents in the same clause expresly mentioned shall be discharg'd from payment of quit-rents the quit-rents of all such Lands whether they be the Lands of innocent Papists or others being hereby intended to be demised then in all and every such case and cases the said
year of His Majesties Reign herein before recited and all other Farmers by vertue of any Grant under the Great Seal of England or Ireland before the five and twentieth day of December in the year of our Lord One thousand six hundred and seventy shall and may under the Articles Covenants Conditions and Provisoes mentioned in their several Grants peaceably and quietly have hold and enjoy their several and respective Grants and Farms according to the tenor and purport thereof and the full benefit of all sums of money therein granted and demised without any lett or interruption of them the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon John Stepney and Richard Kingdon or any of them or of any other person or persons claiming by from or under them And further V. R. c. shall not demand defalcations for any sums which are or shall be allowed to such Farmers for the two years ending 25th Decemb. 1670 or for or in respect of any other matters or things setled and determined before that time in pursuance of and according to such Grants or for any pretensions of the said Farmers upon the 9th of June 1671 depending in the Exchequer at Dublin for defalcations for Lands in Certificate and not past in Letters Patents or for the Composition Rents which way soever the same shall be determined The defalcations which may hereafter be pretended unto by the said Farmers shall be onely determined in such way as by their several Agreements is appointed that neither they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon nor any of them nor any other person or persons claiming or to claim by from or under them or any of them shall or will at any time or times hereafter ask demand receive or have any Abatement or Defalcations for or in respect of any sum or sums of money which are or shall be allowed or given to such Farmers by vertue or colour of such Leases or Grants for or in respect of the two years ending the five and twentieth day of December One thousand six hundred and seventy or for or in respect of any other matters or things settled and determined before the said time in pursuance of and according to such Grants respectively or for or in respect of any pretensions of the said Farmers upon the ninth day of June One thousand six hundred seventy one depending in the Court of Exchequer at Dublin for Defalcations for Lands in Certificate not passed in Letters Patents or for the Composition Rents which way soever the same is or shall be determined And moreover all and every the Defalcations which may hereafter be pretended unto by the said Farmers or any of them shall be solely and onely determined in such way and manner as by the several agreements relating thereunto was and is appointed any thing in these presents before or after contained to the contrary in any wise notwithstanding V. R. c. shall allow the usual Enstallments for payment of First-fruits or Twentieth parts And will be concluded by the values made or to be made by the Commissioners now or hereafter to be appointed under the great Seal And His Majesty in case any defect of the Commissions will give order for renewing and rectifying the same and for proceeding thereupon in as ample manner as His Majesty might have done if this Indenture were not made AND the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon for themselves and every of them their and every of their Heirs Executors and Administrators do further covenant and agree to and with His Majesty his Heirs and Successors by these presents that they and every of them and all others claiming by from or under them shall and will in all Cases where any payments are or shall be due from any Spiritual or Ecclesiastical Persons in Ireland for or in respect of any First-fruits or Twentieth parts permit and allow all and every such persons to have receive and enjoy the full use and benefits of such Enstallments for the payment thereof as by Law or the usual Course and Practice in such Cases is or hath been allowed they doing and performing on their parts what in like Cases hath been accustomed And also shall and will accept of and be contented with and concluded by such values of the First-fruits and Twentieth Parts due from and payable by the said Spiritual and Ecclesiastical Persons as shall appear upon the returns thereof made or to be made by such Commissioners who now are or hereafter shall be in that behalf authorized and appointed under His Majesties Great Seal of Ireland NEVERTHELESS if any defect is or shall be found in the Commissions which now are or hereafter shall be issued out His Majesty is pleased to covenant and agree by these presents That upon humble Petition to him made by the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon or such as do or shall claim by from or under them or any of them effectual Order shall be forthwith given for the rectifying and renuing of such Commissions and for the proceeding thereupon in as full and ample manner as His Majesty could or might lawfully have done if this present Indenture had not been made Further Provisoes Limitations and Restrictions His Majesty may alter the payments in the Civil and Military Lists of the Establishments so as the whole yearly charge do not in any one year exceed 171843 li. 5 s. 6 d. and may appoint the method and precedency of the payment of His Majesties debts so as those for which interest is payable be first satisfied PROVIDED ALSO and it is further concluded and agreed and so is hereby declared that it shall and may be lawful to and for His Majesty his Heirs and Successors from time to time and at all times hereafter to alter reduce change or encrease any of the Wages Sallaries Pensions Payments or other Entertainments whatsoever mentioned in the several and respective Establishments of the Civil and Military Lists so as the whole yearly charge thereby made do not in any one year exceed the sum of One hundred seventy one thousand eight hundred forty three pounds five shillings and six pence and also where any Annuity Pension or Temporary Payment now comprehended in either of the said Lists shall cease or determine to renue the same and make it payable to such other person or persons and for such further time as His Majesty his Heirs or Successors shall think fit and also to regulate settle and appoint the Method Order and Precedency of the payment of all or any of
the deficiency of the years value allowing his Subjects four years time for the payment thereof with several Provisoes Restrictions and Qualifications herein particularly expressed viz. inter alias That his Majesty notwithstanding may pardon Criminal or Capital Offences forfeited Recognizances Fines or Forfeitures upon Penal Laws or Outlawries That his Majesty may appoint Commissioners for Reducements as formerly but the moneys due thereupon to belong to the Grantees That his Majesty may let Leases of any his Royal Mines Messuages Lands Tenements or Hereditaments in Ireland yet undisposed or to which his Majesties Title hereafter may be made appear under such Rents as shall be equal to the Quit-rents payable by Adventurers or else the Old Crown Rents and in case his Majesty dispose of any his Lands to the uses of his Declaration of the 30th of November 1660 to any but such their heirs or assigns who received the profits thereof then the arrears of Quit-rents due thereupon before the 25th of December 1668 not to be charged on the Lands but to be recovered of the former Enjoyers and Pervors of the Profits thereof That the present Farmers of his Majesties Revenue in Ireland may continue their Farms without interruption by the Grantees who are to have no abatement for Defalcations to be allowed the said Farmers for the years ended the 25th of December 1670 and the Defalcations hereafter to be made the said Farmers to be determined onely as by the several agreements relating thereunto is appointed That the Grantees upon payments of First-fruits and twentieth parts by the Clergy shall allow usual installments and be concluded by the returns of the Commissioners for that purpose but if their Commissions shall be found defective his Majesty covenants to give order for the rectifying thereof That his Majesty may renew alter or encrease any annuity temporary payments or entertainments in his Majesties Establishments so as the yearly charge exceed not 171843 li. 5 s. 6 d. and also regulate and appoint the method of payment of his Majesties debts so as such for which Interest is payable be first satisfied That if his Majesty shall not think fit to renew any such annuity or payment the Grantees to pay his Majesty his Heirs and Successors such sum as the same will come to over and above the payments aforesaid All moneys are to be brought into the Treasury and the Lord Ranelagh Sir Alexander Bence Sir James Hayes John Bence and George Dashwood are to be commissionated to have the sole Custody thereof during the continuance of their Undertaking All Warrants for issuing out of moneys are to be directed to them and they covenant with his Majesty to pay the Vice-Treasurer for the time being his usual Fees quarterly or 40 days after The Covenants with the Farmers for installment of arrears of Quit-rents are to continue and the Chief Governour of Ireland and such others whom his Majesty shall appoint are to have power to enstall any other debts or arrears under certain qualifications Nothing which is not now in Charge on Record can be sued for without first satisfying the Chief Governour of Ireland of the grounds of the proceedings A just account is to be given from time to time of all the proceedings in the managing of the Revenue and the directions of the Chief Governour to be observed No Defalcation is to be expected for any pardon or release which may be made to the Earl of Anglesey or Sir James Shaen In case of Plague War Fire or other unavoidable Calamity there is to be defalcation and they are to be enabled to levy what shall appear due upon Record at any time within two years after the term expired and the Patent is to be expounded most beneficial for the Undertakers and to enable them to perform their Contract And these are the Clauses of Assistance and other beneficial Clauses fit and proper Subscribed by Mr. Attorney General by Warrant under his Majesties Sign Manual and Procur ' by Mr. Secretary Trevor LETTERS PATENTS GRANTED BY HIS MAJESTY CONTAINING A Demise of His Revenue OF IRELAND FOR SEVEN YEARS Bearing Date the Twelfth day of July 1669. AS ALSO LETTERS PATENTS Granted by His MAJESTY CONTAINING AN ABATEMENT OF RENT Bearing Date the Third day of August 1669. TOGETHER WITH MARGINAL NOTES and an ALPHABETICAL TABLE Prosperè succedant Regi Vobisque C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT In the SAVOY Printed by Tho. Newcomb 1672. THIS INDENTURE made the Twelfth day of July An. Dom. 1669. and in the One and twentieth year of the Reign of our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. BETWEEN the said Kings Most Excellent Majesty on the one part and John Forth Alderman and now one of the Sheriffs of the City of London William Bucknall William Dashwood Philip Jemmet and John Breedon of the City of London Esquires Iames Hayes of Lincolns-Inn in the County of Middlesex Esq Dannet Forth and George Dashwood of the City of London Esquires William Muschamp and Humphry Taylor of Dublin in the Kingdom of Ireland Esquires and Ralph Bucknall of the City of London Esq on the other part WHEREAS in our Parliament begun and held at Dublin upon the eighth day of May in the thirteenth year of His Majesties Reign and there continued by several Proroguations unto the twenty sixth day of October in the seventeenth year of His Majesties Reign several Acts of Parliament were passed during the several Sessions of the said Parliament for the better ascertaining setling establishing and declaring of His Majesties Revenue in His said Kingdom of Ireland and amongst others one Act was passed Entituled A recital of the Acts touching the Kings Revenue in Ireland from the 8. of May in the 13 to the 6th of Octo. in the 17 year of His Reign An Act for setling the Subsidie of Poundage and granting a Subsidie of Tunnage and other sums of Money unto His Royal Majesty His Heirs and Successors the same to be paid upon Merchandizes imported and exported into or out of the Kingdom of Ireland according to a book of Rates hereunto annexed And also one other Act Entituled An Act for the setling of the Excise or New Impost upon his Majesty his Heires and Successors according to the book of Rates therein inserted And also one other Act Entituled An Act for the Improvement of his Majesties Revenues upon the granting of Licenses for the selling of Ale and Beer And also one other Act Entituled An Act for establishing an additional Revenue upon his Majesty his Heirs and Successors for the better support of his and their Crown and Dignity And also one other Act Entituled An Additional Act for the better ordering and collecting the revenue arising by Hearth-mony And also one other Act Entituled An Act for the better ordering the selling of Wines and Aqua-vitae together with all
at all times and places when and where the said Officers or Ministers or any of them shall by reason of any their said several Offices have an occasion or an Authority to view search or see and also in every such place to see provide and use lawful and reasonable ways orders and means whereby the said John Forth William Bucknal William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknal their Executors Administrators and Assigns and every of them shall and may be justly and truly contented Free access to all Books or Registers Bonds or other Writings taken made kept or preserved by any Customer Comptroller Surveyor c. answered and paid without any fraud concealment or diminution of all and every the Customs Subsidies Sums of Money Profits and other things and Duties before in and by these presents mentioned to be demised granted or Leased And that they the said John Forth William Bucknal William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them their and every of their Deputies and Servants shall and may from time to time during the continuance of this present Demise or Lease have free access unto all Books or Registers Bonds or other Writings whatsoever taken made kept or preserved or to be taken made kept or preserved by any Customer Comptroller Surveyor Commissioner or Collector of Excise or other Officers of his Majesty his Heirs and Successors whomsoever serving or attending or which during the continuance of this present Demise or Lease in force shall serve or have any charge in any Custom-house or to for or about any Custom Subsidie or Impost or the Collection of any Custom Susidie or Impost or Duty of Excise for Goods Imported or other the premisses hereby demised or mentioned to be demised or any of them concerning And that the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknal their Executors Administrators and Assigns and every of them their and every of their Servants and Deputies shall and may from time to time during the continuance of this Demise or Lease in force at their wills and pleasures takes Notes and Copies of the said Books Registers Bonds or Writings And to take Notes and Copies of the said Books c. for the better Collection c. of the Duties to the intent thereby to be the better informed of such Customs Subsidies Imposts Duties of Excise Sum and Sums of Money as are in and by these presents mentioned to be demised and for the better recovery collection having and enjoying of the same without the lett hinderance denyal or disturbance of the said Customers Comptrollers and other the Officers aforesaid And that the said John Forth William Bucknal William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Kalph Bucknal their Executors Administrators Assigns Deputies Servants and Factors and every of them before by these presents shall have full power and Authority at all time and times from time to time during the continuance of this present Demise or Lease in force when it shall seem good meet and expedient to them the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators Deputies Servants and Assigns with the privity and knowledge of the Customer or Comptroller of the Customs in every of the Ports within the Realm of Ireland respectively they attending on their Offices to do make and execute all and all manner of Compositions Power to make Compositions give Discharges and Warrants for Landing Goods and to do all other Acts concerning the Duties Discharges and Agreements which by Law may be done for and concerning the Customs Subsidies and other Duties before by these presents demised or granted or mentioned to be thereby demised and granted as aforesaid except before excepted and to give order for the Landing of the same Wares and Merchandizes the Customs Subsidies and other Duties whereof are by these presents mentioned to be demised or granted at the places used for the same And to do all other act and acts thing and things that to the Office of any Customer Collector Comptroller Searcher Surveyor General or any other Officer and every or any of them of and in all and every the Creeks and Members thereunto belonging doth or shall appertain to be done for or concerning the said Customs Subsidies or Imposts Profits and other Duties before in and by these presents mentioned to be demised granted and to Farm letten or any of them Preserving the power of the Kings Surveyor General Customers Collectors or Comptrollers except as is before excepted so always as the power of the Surveyor General Customer Collector or Comptroller of our said Soveraign Lord the King his Heirs or Successors belonging to them by the Laws and Statutes of the Realm of Ireland do and shall stand in force according to the purport and true meaning and intent of these presents And the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them shall and may receive take The Farmers may receive the Customs by their own hands or of their Agents collect and levy to and for their own proper use as well all and all manner of Customs Subsidies Imposts Profits Sums of Money and other Duties before by these presents demised or granted except before excepted which during the continuance of this Demise or Lease shall grow due or be payable for the same Goods Wares and Merchandizes or any of them except before excepted as well at and by all and every the Owner and Owners of the said Goods Wares and Merchandizes and every of them as also at and by the hands of any of their Deputies Factors and Servants or any other person or persons conveying and bringing inward as aforesaid or transporting conveying or shipping outward as is also aforesaid the said Merchandize Wares or Goods whatsoever or by the hands of the Customers Collectors and every other Officers for the time being of and in every the said Ports and places the Customs and other Duties whereof and wherein are in and by these presents mentioned to be demised or granted unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall as aforesaid at the free will and liberty of the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George
yearly Rents herein before reserved or for non-payment of any part thereof or for any other the causes aforesaid or that these presents shall by Act of Parliament or Act of State hereafter to be made or any other way cease or become void by reason of any breach of the before mentioned provisoes covenants and agreements or any of them or be demised to let to Farme to any other person or persons Then his Majesty doth hereby declare That the sum of threescore and ten thousand pounds so as aforesaid advanced and paid and the Interest thereof then due or so much thereof as shall be then remaining in his Majesties hands behind and unpaid shall be accepted by his Majesty his Heirs and Successors for and towards the satisfaction of such arrears of Rent as shall be then owing and unpaid and the residue thereof if any such be together with the Interest thereof then due the said arrears being first deducted shall be repaid and satisfied out of such part of his Majesties Revenue as shall grow due and payable after such avoidance or determination as aforesaid And the Lord Treasurer Vice-Treasurer Chancellor and Barons of the Exchequer and all and every the Farmers And the Lord Treasurer c. on sight hereof to pay the same accordingly Commissioners Collectors and Receivers thereof or any part thereof are hereby impowred and required to pay the same accordingly upon the sight of this present Grant or the Inrolment thereof without any other or further Warrant PROVIDED always nevertheless The Power of granting Licences to transport Wool-flocks to continue and it is hereby declared to be the true intent and meaning of all parties to these presents that nothing herein contained shall extend or be construed to extend to lessen abate interrupt make void or give any disturbance to the execution of any Orders Directions or Authorities lately granted by his Majesty under the great Seal of Ireland to make Licences or Dispensations for the transportation of Wool-flocks and other Commodities therein mentioned into his Majesties Kingdom of England onely and not elsewhere nor into any forreign parts out of his Majesties Dominions And to grant pardons of the offences committed against the Statutes of the 11. and 13. Eliz. and to grant pardons of the offences committed against the Statutes of the Eleventh and Thirteenth of Queen Elizabeth in that case made and provided and of the forfeitures and penalties forfeited to his Majesty by the said Acts or either of them nor to give any disturbance to the execution of the like Authority granted or to be granted by his Majesty his Heirs or Successors at any time during the continuance of the said several and respective Leases unto any other Lieutenant Deputy chief Governor or Governors of Ireland for the time being nor to lessen or make void any powers or authorities given or granted to the Commissioners of Appeals And the Power granted the Commissioners of Appeals or to his Majesties Court of Exchequer but that they and every of them shall and may at all times during the continuance of the said several Leases lessen abate mitigate compound for or discharge such fines penalties and forfeitures as by Law they are authorized to do any thing herein contained to the contrary thereof notwithstanding And because in this present Indenture several demises are contained wherein several Duties and Revenues of a different kind and nature are demised for several and different terms of years and provision is likewise made that Defalcations of Rent shall be allowed in several cases in such manner and form as herein before is expressed Notwithstanding which Provisions some doubt may arise whether they to whom the power of making such allowances by way of Defalcation is intrusted and committed may not or ought not upon every demand of Defalcation to be made have a respect to and consideration of all and every the Branches of Revenue hereby severally and respectively demised as aforesaid and then refuse to make any Defalcation unless the Farmers so demanding the same shall make it appear that they have sustained great loss upon the whole Revenue severally demised as aforesaid although they should make it appear that they have sustained great loss by that Branch of Revenue for which a Defalcation is demanded For better Explanation therefore of this doubt his Majesty is pleased hereby to declare and agree that when and as often as any Defalcation shall be demanded by vertue of any Covenant Clause or Article in these presents contained for and in respect of dammage suffered in any particular Branch of Revenue herein before mentioned and demised All Defalcations to be considered in every particular branch for which Defalcation is demanded not collectively by computing what is got or lost upon the several branches but distributively by computing what is got or lost by that particular which Defalcation c. That then and in every such case the Lord Lieutenant or other chief Governor or Governors of Ireland and Council there for the time being or any six or more of them whereof the Lord Lieutenant or other chief Governor or Governors for the time being to be always one or more shall from time to time proceed to consider of such Defalcations without any respect of or inquiry into what hath been or may be gotten or lost upon the whole contract for taking to farm all the several Branches of Revenue herein before mentioned but shall onely take into consideration that Branch of Revenue for which a Defalcation is particularly demanded and upon consideration thereof had if it shall be found that the Farmers and Lessees thereof their Executors and Assigns have sustained great loss and Damage in that Branch of the Revenue for which a Defalcation is demanded by reason of such Accidents for which a Defalcation is intended according to the true meaning of these presents Then and in every such Case a reasonable Defalcation shall be made and allowed as aforesaid It being the true intent and meaning of these presents That in cases of Defalcations each several Branch of Revenue comprised in any of the several Demises and Terms of years shall be considered severally and apart by it self without any respect to or consideration had of any Profit or Advantege which may have been made of any other Branch of Revenue for which no Defalcation is demanded Provided always and it is hereby declared and agreed No Defalcation for Quit-rents granted away before Michaelmas last that nothing herein contained shall any way Entitle the said Farmers or Lessees their Executors Administrators or Assigns or any of them to ask demand or have any defalcation for or in respect of any new Quit-rents which by vertue of any Letters Patents under his Majesties great Seal of England or under his Majesties great Seal of Ireland have been Granted Released Or for the Quit-rents of the Lands inclosed in Phoenix Park or Discharged at any time before the Feast
of St. Michael the Archangel now last past or for or in respect of any Quit-rents due or payable for any Land inclosed in his Majesties Park near Dublin called the Phoenix Park or any other his Majesties Parks whatsoever And whereas much time hath been already spent since the said Proposals first made to his Majesty by the said Lessees and Farmers and his Majesties acceptance thereof before the Covenants Provisoes and Agreements in these presents contained could be setled and made ready for his Majesties great Seal to be thereunto affixed By reason whereof a great part of the first year of the Lease for seven years hereby granted which was to take effect in possession and to Commence from the Feast of the Nativity of our Lord Christ now last past is elapsed and gone No advantage to be taken of any forfeiture so as the Rent which was to have been paid before Midsummer 1669 be paid in six months after the date hereof and that some doubt may arise whether the said Lessees and Farmers will not immediately upon the sealing hereof incurre some danger of forfeiture for breach of some Proviso or Condition herein before mentioned by reason of their non-payment of their Rent and other sums of money which should have been paid at such days and times as are now past His Majesty is hereby pleased to declare that no advantage shall be taken of any forfeiture for non-payment of any Rent or other sums of money which should have been paid before the Feast of the Nativity of St. John Baptist one thousand six hundred sixty and nine so as the same be paid in to his Majesties Receipt of Exchequer at Dublin within the space of six months next ensuing the date of these presents any thing before contained in these presents to the contrary notwithstanding And his Majesty doth hereby further declare and agree that for the better and more effectual impowering and enabling the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall to have take receive collect and enjoy the said Quit-rents and all other the rents hereby demised as the same shall from time to time grow due and payable during the term hereby granted It shall and may be lawful to and for the said John Forth The Farmers or any five or more of them to give Acquittances for Quit-rents c. William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall or any five or more of them from time to time and at all times during the term hereby demised to make and give under their or any five or more of their hands Acquittance or Acquittances to all or any person or persons whatsoever paying the said Quit-rents and other the rents hereby demised And the Acquittance or Acquittances of them the said John Forth And the same to be to these paying the same a sufficient discharge William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall or any five or more of them shall be unto aâ—l and every such person or persons so paying the same from time to time a sufficient discharge for the same And the Lord Treasurer Vice-Treasurer Chancellor and Barons of the Court of Exchequer in Ireland and all other Officers and Ministers of the Revenue there for the time being are hereby authorized and impowered to admit allow and approve of all such Acquittance or Acquittances by them the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall or any five or more of them from time to time so made and given as aforesaid and to exonerate and discharge all and every the person and persons of and for all and every such Quit-rents and other rents sum and sums of money in all and every Acquittance or Acquitcances mentioned and contained in as full and effectual manner and form as if the same Quit-rents and other rents sum and sums of money had been really paid by such person or persons into the recept of his Majesties Exchequer in Ireland And for so doing these presents or the Inrolment thereof shall be to them and every of them a sufficient Warrant and Authority in that behalf The persons making and giving the said Acquittances to any the Officers their just fees c. PROVIDED always that the several persons who shall make or give such Acquittances do pay or secure to be paid unto all and every the Officers and Ministers of his Majesties Court of Exchequer aforesaid all such just and usual Fees Allowances and Duties for and in respect of such Rents and sums of money for which such Exonerations and Discharges shall be made by them as aforesaid as they the said Officers and Ministers ought to have had and received in case the said Quit-rents and other rents and sums of money in such Acquittances mentioned and contained had been actually paid into his Majesties Receipt of Exchequer as aforesaid And for the better ascertaining and securing the payment of the Quit-rents hereby demised Where Lands vested in his Majesty by the Acts of Settlement and Explanation and subject hereby to the payment of Quit-rents or are or shall be granted in Custodium or demised for years The Farmers to receive so much yearly Quit-rents as by the said Acts are due and in default thereof to pay themselves by way of Retayner c. Saving to his Majesty such Rents as shall be reserved on any such Grant in Custodium or other Lease for any less term than one and twenty years The Patent to be inrolled in Chancery and Exchequer in Ireland within a year after the date hereof on pain of losing 100 l. a moneth after the said year expired His Majesty is graciously pleased further to declare and agree that where any Lands vested in His Majesty by the Acts of Settlement and Explanation or either of them and subject to the payment of such Quit-rents as are hereby demised do or shall remain in his Majesties hands or are or shall be granted in Custodiâ—um or otherwise let or demised for any term of years That then and in all and every such case and cases it shall and may be lawful to and for the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns to have and receive so much yearly Quit-rent as by the said Acts of Parliament or either of them are due and payable for such Lands or in default thereof to pay themselves the said Annual Quit-rents by way of Retainer of so much of the yearly rent reserved by these presents as the