by them deputed and appointed caused to be allotted and given out unto such person and persons so removed and transplanted such proportions of Land in the said Province of Connaught and County of Clare or one of them as are equall in measure or value to such Lands and for such Estate and Estates as the said person and persons so removed and transplanted ought to have had and enjoyed in any other part of Ireland by vertue of his or their Articles or Qualifications And whereas the said Commissioners of Parliament the Lord Deputy and Council of Ireland and his Highnesse said Council for the Affairs of Ireland or some of them in further pursuance of the said several aforementioned Powers and Authorities have proceeded by themselves and their Commissioners and others by them authorized to allot distribute grant assign set out and deliver several parts shares and proportions of the said forfeited escheated and exchanged Lands of the said Rebels Papist Proprietors and Transplanted persons unto several Officers and Souldiers in full or part of their respective Debentures for the Arrears for their respective Services there and in England and to several other person and persons comprised in the said Commission and Instructions Further Instructions Acts and Ordinances or some of them and have likewise ordered made granted set out distributed and delivered over to several Officers and Souldiers and others whose Lands so to them allotted distributed granted assigned set out and delivered as aforesaid proved to be legally incumbred with any such Rent Service Charge or Duty as in the said Ordinance of Encouragement is expressed other Lands equal to the said Incumbrance by way of reprisal out of the forfeited escheated or exchanged Lands in the said County of Kildare according to the Tenor of the said Ordinance of Encouragement as aforesaid All and every which said person and persons to whom such Allotments Distributions Grants Assignments and Reprisals were and have been made as aforesaid their Lessees or Assigns have entred into their said several shares and proportions of Land and have many of them disbursed severall great sums of Money in Buildings Reparations and Improvements upon the said Lands so to them allotted granted assigned distributed set out and delivered or given in reprisal as aforesaid so that the securing and confirmation of the said Allotments Distributions Grants Assignments and Reprisals is now become of great use and necessity to the Plantation and Peace of Ireland Be it therefore Enacted and Declared by his Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and this present Parliament and the Authority thereof That all and every Act and Acts Thing and Things which have been done by the late Commissioners of the Parliament Commissioners of the Commonwealth Lord Deputy and Council or the Lords of his Highnesse Council there or any of them or by any other person or persons thereunto authorized by them or any of them upon or in pursuance of the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them for the surveying allotting setting forth disposing and distributing of any of the said Rebels and Papists forfeited escheated or exchanged Lands according to the true intent and meaning of the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them And all and every Commission and Commissions or other Authority granted by the said Commissioners of Parliament Commissioners of the Common-wealth Lord Deputy and Council or by his Highnesse said Council for the Affairs of Ireland to any person or persons for the Adjudication of Claims or for the Adjudication of the Qualifications of the Irish or for setting forth of Lands unto them And all and every Iudgment and Iudgments Decree and Decrees Disposition and Dispositions of Lands made by them or any of them in pursuance of their respective Commissions And also all and every Division Allotment Grant Assignment Order Act and Thing already done made executed and performed or caused to be done made executed or performed by the said Commissioners of Parliament Commissioners of the Commonwealth Lord Deputy and Council of Ireland or his Highnesse Council for the Affairs of Ireland or any of them or by any other person or persons by Commission or Authority from them or any of them upon or in pursuance of the said Commission and Instructions further Instructions Act and Ordinance aforementioned or any of them for the disposing of the said Rebels and Papists forfeited escheated or exchanged Lands shall be and are hereby adjudged deemed and declared to be good firm and effectual to all intents and purposes and are hereby for ever ratified and confirmed And be it further Enacted and Declared and it is likewise further Enacted and Declared by the Authority aforesaid That all and every such person and persons their Heirs Executors Administrators and Assigns respectively to whom any such forfeited escheated or exchanged Mannors Castles Houses Lands Tenements and Hereditaments have been so allotted assigned given granted distributed set out delivered or reprized by the said Commissioners of Parliament or Commissioners of the Commonwealth the said Lord Deputy and Council or his Highnesse said Council for the Affairs of Ireland or any of them or by any other person or persons by Commission or Authority from them or any of them are and shall be and are hereby respectively adjudged and declared to be in real and actual Seisin and Possession of all and every such Manors Castles Houses Lands Tenements and Hereditaments so to him and them allotted assigned given granted distributed set out delivered or reprized respectively as aforesaid And that all and every such person and persons their Heirs and Assigns shall and may for ever hereafter have hold and enjoy the same to him and them respectively and to his and their respective Heirs and Assigns in free and common Soccage as of the Castle of Dublin under such Rents Services Covenants Conditions Qualifications Remittals and Abatements as in and by the said several Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them are expressed Provided That neither this Act nor any thing therein nor in the said aforementioned Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them contained shall any wayes extend to the forfeiture extinguishment defeating making void or prejudicing of any Contract Bargain Sale Grant Demise Lease Release Rent or Exchange heretofore made or granted of or out of any the said forfeited escheated or exchanged Lands by any the said Officers or Souldiers or others to whom the same have been so formerly allotted assigned given granted distributed set out delivered or reprized as aforesaid or of any Contract Bargain or Sale of any Debenture or Debentures in satisfaction whereof any the said forfeited escheated or exchanged Lands Tenements or Hereditaments are have been or
shall be allotted granted given out or distributed to any person or persons whatsoever but that all and every such person and persons to whom any such Contract Bargain Sale Grant Demise Lease Release Rent or Exchange hath or have been so made or granted and the Heirs Executors Administrators and Assigns of all and every such person and persons respectively shall and may at all times hereafter peaceably and quietly enjoy to his and their respective Vse and Vses the benefit and advantage of every such Bargain and Contract so to him and them respectively made as aforesaid Any thing in this Act or in the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them contained to the contrary notwithstanding And to the end the said Commission and Instructions Further Instructions Act of Settlement Act of Satisfaction and Ordinance for Encouragement may be further put in execution as to the said Officers and Souldiers whose Arrears or any part thereof are yet to be satisfied in Ireland Be it further Enacted and Declared and it is further Enacted and declared by the Authority aforesaid That the Lord Deputy and Council or other chief Governor or Governors of Ireland with the Council there for the time being or the Council there in the absence of the chief Governor shall be and are hereby required and authorized at all and every time and times hereafter to do and execute or cause to be done and executed all such further Act and Acts thing and things necessary to be done in pursuance of and according to the tenor of the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them as the said Commissioners of Parliament could might or ought to have done thereupon for the setting forth allotting distributing or assigning of the remainder of the said forfeited escheated or exchanged Lands to such of the Officers Souldiers and others in the said Act of Satisfaction mentioned who have not yet received satisfaction of their respective Arrears All and every which said Act and Acts thing and things hereafter so to be done or caused to be done by the said Lord Deputy and Council or the chief Governor or Governors of Ireland with the Council there for the time being or by the Council there in the absence of the chief Governor according to and in pursuance of the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance of Encouragement or any of them to the purposes aforesaid shall be and are hereby declared to be good binding and effectual in Law to all intents and purposes Provided and it is hereby declared That no such further Act or Acts thing or things so to be done or caused to be done by the said Lord Deputy and Council or by the chief Governor or Governors of Ireland with the Council there for the time being or by the Council there in the absence of the chief Governor or by any of them or by any other person or persons whatsoever by Order Commission Authority or Direction of them or any of them shall any wayes alter change impeach destroy defeat extinguish or make void all or any the said former Allotments Assignments Grants Distributions and Reprisals or any of them made to any the said Officers and Souldiers or other persons afore-mentioned by the said Commissioners of Parliament Commissioners of the Commonwealth Lord Deputy and Council of Ireland and his Highnesse said Council there or any of them or by any other person or persons by Commission or Authority from them or any of them as aforesaid saving nevertheless to the said Lord Deputy and Council of Ireland and the chief Governor or Governors of Ireland with the Councill there for the time being all such Power and Authority of Resurveying any the said forfeited escheated or exchanged Lands so already allotted set out and disposed of to the Officers and Souldiers as aforesaid as in and by the said Act of Satisfaction is expressed and contained And saving likewise to his Highness and the Commonwealth all such benefits and advantages of the surplusage of Land which shall be found on the returns of the said Surveys according to the tenor of the said Act of Satisfaction in that behalf And for the better and more perfect Execution of all and every the former Branches of this Act Be it Enacted and Declared and it is likewise Enacted and Declared by the Authority aforesaid That the said Lord Deputy and Council or the chief Governor or Governors of Ireland with the Council there for the time being or the Council there in the absence of such chief Governor or Governors shall be and are hereby further authorized and required at all times hereafter upon request to them to be made to cause Letters Patents under the Great-Seal of Ireland to be made unto such of the Grand Allottees or other persons to whom the said Allotments Assignments Grants Distributions or Reprisals of the said forfeited escheated or exchanged Lands in Ireland have been or shall be respectively made as aforesaid or to the respective Heir or Heirs of such Grand Allottees or other persons aforesaid in case of his or their Decease or to so many of them as shall desire the same for the better more perfect and effectual Conveyance and Assurance of all and every such Manors Castles Houses Lands Tenements and Hereditaments to every such person and persons his and their Heirs and Assigns to be held by such Tenures and under such Rents Services Conditions Qualifications Indulgences Remittals and Abatements as in and by the said severall Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement are expressed and declared and in and by the said Letters Patents to create such Manors constituted and made up of such proportion and number of Acres in the several Provinces of Ireland and with such Iurisdictions Liberties Priviledges and Immunities as in and by the said Commission and Instructions Further Instructions Act of Satisfaction and Ordinance for Encouragement or any of them is declared And that the said Grand Allottee or Allottees or other the said Patentee or Patentees in case of his or their decease shall for so much of the said forfeited escheated or exchanged Manors Castles Houses Lands Tenements and Hereditaments to him and them so allotted granted assigned set out distributed and delivered as shall justly belong to any other person or persons whose shares and proportions were comprehended within the General Lot of every such Grand Allottee shall after the perfection of the said Letters Patents upon Thirty dayes warning to him or them in that behalf respectively given by the said person or persons so concerned or any other person for their use as aforesaid and at the Costs and Charges of him or them so concerned make execute and perfect any such Assurance or Conveyance in the Law by Deed Fine Feoffment Release Confirmation or otherwise
for the sure granting assuring and conveying of all and every the said share and proportion of such several person and persons so concerned in all and every the said respective Grand Lots to all and every the said person and persons so concerned and to their Heirs and Assigns for ever with Warranty against every such Patentee and Patentees and his and their Heirs and all and every person and persons lawfully claiming by from or under him and them respectively as by the said several person and persons concerned his or their Heirs and Assigns or by his or their Counsel learned in the Law shall be reasonably devised advised or required And that all and every the said person or persons to whom such Assurance or Assurances shall be so made as aforesaid and his and their Heirs and Assigns shall and may and are hereby declared immediately from and after such the said Assurance so to him or them perfected by the said Patentee or Patentees or his or their Heirs as aforesaid to stand and be seized of all and every such share and proportion of the said forfeited escheated and exchanged Lands so to him and them granted and conveyed as aforesaid to the several use and uses of every such Grantee and of his and their Heirs freed and discharged of and from all former Gifts Grants Bargains Sales Leases Ioyntures Dowers Charges Debts Statutes Iudgments Extents Executions and Incumbrances whatsoever for or by reason of being so vested as aforesaid in the said Patentee or Patentees or any of them and shall accordingly hold and enjoy the same for ever freed and discharged of and from all and every the said incumbrances Provided nevertheless and it is hereby likewise further Declared That all and every person and persons of the Protestant Religion Bodies Politick or Corporate and their respective Heirs and Successors Executors Administrators and Assigns who have already obtained any Decree or Decrees in the late Court of Adjudication of Claims in Ireland or in the Court of Exchequer there for any part of the said forfeited escheated or exchanged Manors Castles Houses Lands Tenements or Hereditaments or for any Rent out of the same or for any Charge or Incumbrance thereupon lying and being within any the Ten Counties appointed in and by the said Act of Satisfaction for the satisfaction of the Adventurers Souldiers and others or in the County of Lowth or in any other County or Counties in Ireland or who have before the Three and twentieth of October One thousand six hundred fifty four exhibited his or their Claim or Claims in the said late Court for Adjudication of Claims in Ireland and shall at or before the First day of December One thousand six hundred fifty seven obtain any Decree or Decrees for any the said forfeited Manors Castles Houses Lands Tenements or Hereditaments or for any Debt Rent Charge Duty Profit or Incumbrance arising growing due out of or charged upon the same by reason of any Deed Grant Mortgage Statute-Staple Recognizance Iudgment or other Incumbrance whatsoever in the said Court of Exchequer or who shall on or before the first day of June which shall be in the year of our Lord God One thousand six hundred fifty eight obtain any Decree or Decrees for any part of the said forfeited escheated or exchanged Lands Tenements or Hereditaments lying and being in any other County or Counties in Ireland besides the said Ten Counties and the said County of Lowth or for any Debt Rent Charge Duty or Incumbrance arising or growing due out of the same or thereon charged or chargeable as aforesaid shall and may for ever hereafter have hold possess and enjoy all and every such of the said forfeited escheated or exchanged Manors Castles Houses Lands Tenements and Hereditaments or the said Debt Rent Charge Annuity Duty or Profit arising or growing due out of the same so to him or them decreed or to be decreed as aforesaid for and during the respective Estate and Estates so to him and them decreed according to the tenor and effect of every such Decree so by him or them obtained or to be obtained as aforesaid Any thing afore in this Act contained to the contrary notwithstanding Provided nevertheless and it is Enacted and Declared by the Authority aforesaid That if any the said Person or Persons Bodies Politick and Corporate who have any such Incumbrance upon any the said forfeited escheated or exchanged Manors Castles Houses Lands Tenements or Hereditaments shall not exhibit and prosecute his or their Claim to the same with effect to the obtaining his or their Decree or Decrees for the same within the respective times to that end appointed as aforesaid That then and from thenceforth all and every such the said person and persons Bodies Politick and Corporate who had any such right to any such Incumbrance as aforesaid and the Heirs and Successors Executors and Administrators of every such person and persons Bodies Politick and Corporate and every of them respectively shall for ever be from thenceforth respectively barred to make his or their Claim to the same And that then and from thenceforth the said forfeited escheated and exchanged Manors Castles Houses Lands Tenements and Hereditaments shall be and are hereby adjudged and declared to be for ever freed and discharged of and from all and every the said Incumbrances respectively Any thing afore in this Bill contained to the contrary notwithstanding Saving likewise and reserving out of this Bill unto the Provost Fellows and Scholars of the Colledge of the Holy and Vn-divided Trinity at Dublin all such Right of Action and Entry Condition Possession Reversion Remainder Annuity Rent and Common which they have or ought to have in or out of the said forfeited escheated or exchanged Lands in this Act mentioned or any of them And also saving and reserving to all and every person and persons who were Protestants on the said three and twentieth day of October One thousand six hundred fourty one and have so continued ever since all such Right Title Interest Benefit and Advantage which they or their Heirs or the Executors or Administrators of them or any of them have or may have in to or out of any the said forfeited escheated or exchanged Lands Tenements or Hereditaments by vertue of any Articles or by vertue of any Composition Indempnity or Exemption upon or in pursuance of any Articles or of one Ordinance of his Highness the Lord Protector and his Council dated the first day of August one thousand six hundred fifty four Entituled An Ordinance for Indempnity to the English Protestants of the Province of Munster in Ireland or by vertue of one other Ordinance of his said Highnesse and Council dated the second day of September one thousand six hundred fifty four Entituled An Ordinance for admitting Protestants in Ireland to Compound which said Articles and last mentioned Ordinances and all Compositions made or to be made thereupon or in pursuance thereof are hereby likewise Ratified and Confirmed or by any or either of them And also saving to all other person and persons who have been pardoned by his said Highnesse or admitted to compound for his or their Estates in Ireland the benefit of his and their respective Pardons and Compositions Any Law Ordinance or Act of Parliament to the contrary notwithstanding Provided alwayes That this Act or any thing therein contained shall not be prejudicial to any person or persons their Heirs or Assigns for any Lands Tenements or Hereditaments given or granted to him or them or any in trust for him or them or his or their Heirs since the first day of November one thousand six hundred fourty one by or in pursuance of any Act or Acts Ordinance or Ordinances Order or Orders of Parliament or of his Highnesse and Council or either of them but that every such person and persons and his and their respective Heirs or such as they are intrusted for and their Heirs shall and may have and enjoy all and every the said Lands Tenements and Hereditaments according to the purport true intent and meaning of all and every the said Acts Ordinances and Orders respectively Any thing in this Act or any other Act of Parliament to the contrary in any wise notwithstanding Provided alwayes That this Act or any thing therein contained shall not settle upon any Officer Souldier or any other person more then his or their first Proportions and due Allotments Provided alwayes and be it hereby Declared That nothing in this present Act contained shall be construed or taken to Ratifie Confirm or Establish the Estate or Possession of Edward Dendy Serjeant at Arms in any Manors Lands Tenements or Hereditaments in the Barony of Slayn in the County of East-Meath in Ireland against Sir John Barington Knight and Baronet Sir Gilbert Gerard Sir William Masham Sir Richard Everard Baronets Sir William Waller Sir Thomas Wharton Sir Jacob Garet Knights Alexander Pym Edward Turner Esqs William and John Arnold or any others who were Adventurers for the reducing of the said Nation by vertue of the Act made in the seventeenth year of the late King Charls and whose Lots are fallen in the said Barony of Slayn or against any of their Heirs or Assigns but that they be left to their several Remedies and Proceedings for the making good of their Rights and Titles according to the Law Provided alwayes That neither this Act nor any thing therein contained shall extend to the prejudice of any Adventurer or Adventurers for Lands in Ireland their or any of their Heirs or Assigns nor to any Honors Castles Manors Lands Tenements or Hereditaments in Ireland that are granted assigned or duely set apart allotted or fallen by Lot according to the Surveys and Returns by which the same was made for toward the satisfaction of the said Adventurers their Heirs or Assigns or any of them within the Moiety of the said Ten Counties assigned to the Adventurers and within the County of Lowth except the Barony of Atherdy and except all such Lands and Hereditaments as are already duely Compounded for by Protestants within the said Ten Counties and County of Lowth by vertue of the aforesaid Ordinances of his Highnesse and Council of the first of August and second of September One thousand six hundred fifty and four EDINBVRGH Re-printed by Christopher Higgins in Harts Close over against the Trone Church Anno Dom. 1657.
AN ACT FOR THE Assuring Confirming and Setling OF Lands and Estates IN IRELAND At the Parliament begun at Westminster the 17th day of September An. Dom. 1656. EDINBVRGH Re-printed by Christopher Higgins in Harts Close over against the Trone Church 1657. AN ACT FOR THE Assuring Confirming and Setling of Lands and Estates IN IRELAND WHereas by a Commission under the Great-Seal of England and Instructions thereunto annexed Entituled A Commission and Instructions to Charles Fleetwood Esq Lieutenant General of the Army in Ireland Edmond Ludlow Esq Lieutenant General of the Horse Miles Corbet Esq and John Jones Esq Impowering them to cause all the Lands therein mentioned to be forfeited to the Commonwealth to be forthwith surveyed in order to the satisfying of Adventurers for Ireland and Arrears of Officers and Souldiers and for the Setling and Planting of Ireland with security to the Inhabitants and such as shall Plant the same the said Commissioners therein named are thereby authorized to cause the said forfeited Lands to be surveyed accordingly And whereas by further Instructions Entituled Further Instructions unto Charles Fleetwood Esquire Lieutenant General of the Army in IRELAND Edmond Ludlow Esquire Lieutenant General of the Horse Miles Corbet Esquire and John Jones Esquire the said Commissioners are thereby further authorized and required for the better security of all those parts of Ireland which were to be planted with English Protestants And to the end that all persons in Ireland who had right to Articles or to any Favor or Mercy held forth by any the Qualifications in an Act of Parliament Entituled An Act for the setling of Ireland might enjoy the benefit intended unto them respectively to publish and declare That all and every the said persons which had such right to Articles or to any Favor or Mercy held forth by any the said Qualifications should before the first day of May 1654. remove and transplant themselves into the Province of Connaught and County of Clare or one of them there to inhabit and abide and to have set forth to them and every of them respectively such Proportions of Land and for such Estates and Terms and under such Conditions Reservations and Covenants as should be answerable in value unto so much of his and their Estates as by such Articles or Qualifications he or they were to enjoy in such place and manner as the said Commissioners or such as they should Authorize should appoint and direct And to that end the said Commissioners were likewise authorized and impowered to nominate Commissioners under them and to authorize them to allot to any such person or persons who by Articles granted unto them or by vertue of any the said Qualifications were to enjoy any part of their Estates a like proportion of Land by measure or in value in the said Province of Connaught or County of Clare of like Estate of Inheritance Free-hold Term of Years or number of Lives to be by them held and enjoyed in lieu or satisfaction of such part of their Estate which by such Articles or Qualifications he or they were to enjoy And whereas by a late Act Entituled An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland and of the Arrears due to the Soldiery there and of other Publick Debts and for the Encouragement of Protestants to plant and inhabit Ireland It is Declared That by the Blessing of God upon the Forces of the Common-wealth the Rebels of Ireland are subdued and the Rebellion there appeased and ended And that therefore to the end all just Satisfaction might be made unto the Adventurers Officers and Souldiers and other persons in the said last recited Act mentioned and that the Country of Ireland might be planted and setled with security unto such as should plant and inhabit the same the said Commission and Instructions and Further Instructions are ratified and confirmed And whereas by the said Act of Satisfaction it is declared to whom how and in what manner and at what Rates the forfeited Lands in Ireland shall be divided allotted given granted set out and distributed to the said Adventurers and Souldiers and others in the said Act of Satisfaction expressed and that for so much of the said Lands as should be assigned or set out to the said Officers and Souldiers in satisfaction of their Arrears for their Service there and in England by vertue of the said Act of Satisfaction the Ordering Allotting Granting Disposing and setling thereof unto and upon such the said Officers and Souldiers should be mannaged by the then Commissioners of Parliament in Ireland in such sort and manner as in and by the said Act of Satisfaction is declared And whereas by an Ordinance of his Highness the Lord Protector and his Council dated the Twenty third of June One thousand six hundred fifty four Entituled An Ordinance for the further Encouragement of the Adventurers for Lands in Ireland and of the Souldiers and other Planters there It is thereby amongst other things Ordained That for and in consideration of every Rent Service Charge or Duty issuing reserved charged due or payable on or out of the Lands or other the Hereditaments granted or intended to and for the said Souldiers and Adventurers or either of them to any person or persons who have duely claimed the same and according to this Ordinance shall have the same allowed and ordered Every such Adventurer and Souldier on or out of whose Lands or Hereditaments the same shall be issuing reserved charged due or payable shall have set forth and enjoyed to him and his Heirs for ever so much Land in the County of Kildare according to the Values of Adventurers at such measure as was allowed to such person for his Adventure in satisfaction whereof such Lands so charged were allotted unto them as would have been produced or due for an Adventure of such certain sum of Money as the Purchase or buying out of such Rent Service Charge or Duty shall be computed to amount unto computation being thereof made and certified by such person and persons as shall be authorized by his Highnesse the Lord Protector with the Consent of his Council And whereas in pursuance of all and every the said Commission and Instructions further Instructions Act of Satisfaction and Ordinance for Encouragement the said Commissioners of Parliament the Lord Deputy and Councill of Ireland and his Highnesse Council for the Affairs of Ireland or some of them have caused the said forfeited Lands in Ireland to be Surveyed and have caused the Papist Proprietors in the Province of Leynster Ulster and Munster Except those in the County of Clare who had any such Right to Articles or who fell within any the Qualifications aforesaid to remove and transplant themselves and Families into the said Province of Connaught or County of Clare and have likewise caused the Lands of all and every such person and person so transplanted to be surveyed and have likewise by their Commissioners thereunto