AN ACT For the better Execution of His MAJESTIES GRACIOVS DECLARATION For The SETTLEMENT Of His Kingdome of IRELAND AND Satisfaction of the several Interests of Adventurers Souldiers and other His Majesties Subjects there C R HONI â—OIT QVI MAL Y PENSE DIEV ET MON DROIT DVBLIN Printed by John Crook Printer to the Kings Most Excellent Majesty 1662. AN ACT FOR THE Better Execution Of His MAjESTIES Gracious Declaration for the Settlement of his Kingdom of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other his Subjects there WHEREAS an unnatural Insurrection did break forth against your Majesties Royal Father of ever blessed Memory his Crown and Dignity in this Your Majesties Kingdome of Ireland upon the 23. of October in the year of our Lord God 1641. and manifest it self by the murther and destructions of many thousands of your said Majesties good and loyal Subjects which afterwards universally spreading and diffusing it self over the whole Kingdome settled into and became a formed and almost National Rebellion of the Irish Papists against Your Royal Father of blessed Memory his Crown and Dignity to the destruction of the English and Protestants inhabiting in Ireland the which Irish Papists being represented in a General assembly chosen by themselves and acting by a Council called by them The Supream Council of the Confederate Roman Catholicks of Ireland did first assume usurp and exercise the power of Life and Death make Peace and War levy and coyn Money and many other Acts of Soveraign Authority treating with forreign Princes and Potentates for their Government and Protection and afterwards acted under a forreign Authority by all the said ways disowning and rejecting your Royal Father and your Majesties undoubted Right to this Kingdom even whilest they treacherously used his and your Majesties Names in the outward forms of their Proceedings withall impiously seeming by words and shows to swear even unto that which by the whole series of their deeds they denied and moreover presuming to pretend his late Majesties most Sacred Authority even for their worst actions all which they did amongst other their evil designs to frighten his good Protestant Subjects from their loyalty to blast his Majesties Honor and to widen the breach between his said Majesty and his seduced Subjects in England The which ends by their said wicked stratagems they did too succesfully and mischievously effect And whereas Almighty God hath given your Majesty by and through your said English and Protestant Subjects absolute Victory and Conquest over the said Irish Popish Rebels and enemies so as they their Lives Liberties and Estates are now wholly at your Majesties disposition by the Laws of this Kingdom And whereas several of your Majesties Subjects by whom as instruments the said Rebels were totally subdued did in the time of your Majesties absence beyond the Seas for supply of the then pressing necessities and to prevent the further desolation of this your Majesties Kingdom enquire into the Authors Contrivers and Abettors of the said Rebellion and War and after much deliberation among themselves and advice from others had thereupon did dispossess such of the said Popish Irish Rebels of their Lands Tenements and Hereditaments as they found guilty of and to have been engaged in the said Rebellion or War aforementioned and did withall distribute and set out the said Lands to be possessed by sundry persons their Agents and Tenants who by advancing of their Moneys and Goods or by hazarding of their Lives had contributed unto the said Conquest or who had been otherwise useful as having served or suffered in the suppression of the said Rebellion and War and whereas several of your Majesties Protestant Subjects as soon as with much difficulty and hazard they had gotten the power of this Kingdom into their hands did according to their bounden duty with all humility and chearfulness invite your Majesty into this your Kingdom with a faithful engagement to serve your Majesty with their Lives and Estates and afterwards when your Sacred Majesty their Soveraign Lord and King by your Gracious Letters from Breda bearing date the 4 14 day of April in the Twelfth Year of your Majesties Reign intimated your Royal Intentions of returning to the exercise of your Regal Authority they with others of your Majesties Protestant Subjects did readily and dutifully yield up themselves and the said subdued people with this your Kingdom of Ireland unto your Majesties absolute obedience and disposition who thereupon after many Moneths Consideration and the publick hearing of all parties concerned in and pretending to Lands and Estates in this your Majesties Kingdom as also after the receiving and weighing of expedient upon expedient in order to an universal accommodation and final settlement did at length in your Princely Wisdom Grace and Iustice set forth a Declaration bearing date the 30. day of November in the Twelfth year of your Majesties Reign with several Explanations and Instructions relating thereunto expressing your Royal pleasure concerning the People and Territories of this your Majesties said Kingdom Declaring it likewise to be your pleasure That all the particulars in the said Declaration mentioned should be effectually recommended unto your Majesties chief Governor or Governors Privy Council and Parliament in this Kingdom for the establishing the same by Law Now We the Lords Spiritual and Temporal and the Commons in this present Parliament assembled having well weighed and considered the nature of the Rebellion and War above mentioned together with the Causes thereof and Motives thereunto and with what Industry and Malice the Regal Authority the Brittish Interest and Protestant Religion were pursued and endeavoured to be eradicated and being withal very sensible of the vast expense of Blood and Treasure and of the unspeakable sufferings which the Brittish and Protestants as well several times heretofore as of late have undergone to reduce this your Majesties Kingdom to a perfect obedience unto the Crown of England do most thankfully acknowledge accept and admire your Sacred Majesties Wisdom Grace and Iustice towards all Interests in that your Majesties said Gracious Declaration and Instructions expressed And forasmuch as the Rapines Depredations and Massacres committed by the said Irish and Popish Rebels Enemies are not only well known to this present Parliament but are notorious to the whole World notwithstanding the many means and artifices which for many years together have been used to murther such witnesses suppress such evidences and also to vitiate and imbezle such Records and Testimonies as might prove the same against particular persons and lastly for that the said Rebels since their throwing off your Royal Fathers and your Majesties Government are become subdued and conquered enemies and have justly forfeited all their Rights Titles and Estates in this Kingdom It is therefore Enacted and be it Enacted by your most Excellent Majesty with the consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the
Service shall may or ought to receive any Clause Article Matter or Thing whatsoever in this present Act mentioned or contained to the contrary thereof notwithstanding Provided always and be it further Enacted by the Authority aforesaid That any Clause Sentence Matter or Thing in this Act or in any other Act or Acts passed or made or to be passed or made in this present Parliament contained mentioned or expressed shall not or may attaint or convict or be otherwise prejudicial unto Dudly Bagnel Esq son and Heir of Walter Bagnel late of Dunlickny in the County of Catherlogh Esq deceased nor to Henry Bagnel Brother of the said Dudly nor to Catherin Corbet alias Bagnel sister of the said Dudly nor to the Heirs or Issues lawfully begotten of the said Walter Bagnel Dudly Bagnel Henry Bagnel or Catherin Corbet alias Bagnel nor of any or either of them and that the said Dudly Bagnel Henry Bagnel and Catherin Corbet alias Bagnel and every of them and the Heirs and Assigns of every of them respectively shall have hold and enjoy their respective Estates and Interests in Law or Equity in all and every the Castles Lordships Mannors Segniories Lands Tenements Rents Reversions Remainders and Hereditaments with their and every of their apportenances which did of right belong or appertain unto the said Walter Bagnel or whereof he was seized as of his Estate of Inheritance in Vse Possession or Remainder on the Three and Twentieth day of October in the year of Our Lord one thousand six hundred Forty one or at any time after any Act or Acts Ordinance or Ordinances Matter or Matters Thing or Things done or to be done in this present Parliament or otherwise at any time since the Three and Twentieth day of October One thousand six hundred Forty one to the Damage Prejudice or Harm of the said Walter Bagnel his Heirs or Assigns to the contrary notwithstanding Provided always and be it Enacted That neither this present Act nor nor any thing therein contained do any ways prejudice or tend in any manner to alter any Right Title Interest Mortgage or Lease that Sir John Temple Master of the Rolls in this Kingdom or his late Mother the Lady Temple had in the year One thousand six hundred and forty to any Lands Tenements or Hereditaments belonging to Walter Bagnel Esq late Father of the said Dudly Bagnel lying or being within the County of Catherlogh Saving nevertheless to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns such Right and Title either in Law or Equity and such benefit and advantage of redemption which they or any of them could or might have had either in Law or Equity as fully and amply as if the Proviso herein last before mentioned had never been had nor made any thing in the said Proviso to the contrary hereof notwithstanding Provided also That so much of the Forfeited Lands in the Towns and Lands of Lispopel Nutstown Wegestown and Cordenstown with their and every of their apurtenances situate in the Barony of Balrothery in the County of Dublin containing according to the Down Survey One thousand two hundred forty nine Acres shall be held possessed and enjoyed by George Rawden Esq his Heirs and Assigns for ever as shall amount unto a full and just satisfaction of the publick Debts due to him by Debentures for Provisions and money disbursed for the use of the Army in Ireland according to His Majesties Gracious Declaration and Instructions which principal Debt with the Interest thereof cast up according to the Rate of six pound per cent amounteth unto Two thousand three hundred twenty four pounds Ten shillings Four pence And that in case the said Lands or so much thereof as will amount unto a full satisfaction of the said sum be not forfeited or if it shall happen that so much thereof shall be restored as that the residue shall not be sufficient to satisfie him the said George Rawden that then he be satisfied and reprized for the same by some other forfeited Lands in the County of Dublin Provided that this Act or any thing therein contained shall not extend nor be construed to extend to the prejudice of any Protestant or Protestants or Innocent Papists their Innocent Executors or Administrators holding Tythes by Lease or Leases derived from the Crown for or by reason or occasion of any advantage or Forfeiture which may be taken for the Non-payment of the Rents reserved to the Crown by such Leases for the time past but that every such Protestant and Protestants and Innocent Papists their and every of their Executors and Administrators holding any of the said Tythes shall and may have hold and enjoy the said respective Tythes during the respective Terms of years thereof yet unexpired without any advantage to be taken against them or any of them for non-payment of the said Rents for the time past as if this Act had never been made Provided That this Act nor any thing therein contained shall not extend or be expounded to extend to the prejudice of Sir Robert Meredith Knight nor his Son Sir William Meredith Baronet nor their Heirs or Assigns nor any persons possessed or interested in their behalfs in the Lands Tenements or Hereditaments of Green Hills heretofore called Bishops Court near the Lissie in the County of Kildare nor any part member or parcel thereof And Be it further Enacted That all the forfeited Lands Tenements and Hereditaments set out assigned or delivered unto Sir William Petty Knight by the name of Doctor William Petty and by him possessed on the seventh day of May One Thousand Six Hundred Fifty Nine be settled upon and confirmed unto him his Heirs and Assgnes for ever any thing in this Act or in his Majesties Instructions of the Nineteenth of February One thousand six hundred and sixty to the contrary notwithstanding the same to be held according to such Tenures Rules Rents Services under such Limitations and Directions for Reprizal and otherwise as in His Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty set down and expressed concerning such as were then of his Army in Ireland And whereas his Sacred Majesty having under his serious consideration the Present Settlement of this Kingdom is very desirous to confirm and inlarge the designed Bounty and Goodness of his late Royal Father of ever blessed Memory by adding to the Revenue of the Church of this Kingdome Be it therefore Enacted and Ordained by the King Our Sovereign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all and every the Manors Lands Tenements and Rents whereof any Arch-Bishop Bishop Dean Dean and Chapter or any other Ecclesiastical person or persons whatsoever in his or their politick Capacity or any of them were actually seized or by themselves or their Tenants possessed in the year of
aforesaid That James Duke of Ormond the Earl of Inchiqueene the Executors of Sir Philip Percivall Knight deceased late Commissary of the Victuals in Ireland who are to be satisfied for what Disbursements were made to the other Commissaries and Officers in the Establishment belonging to the said Imployment by the said Sir Philip Percivall and others who were General Officers Staffe-Officers Officers of the Train Colonels and Majors of Dragoons and Lieutenant Colonels of Horse Be and are hereby intended according to the several Commissions for Satisfaction of their said respective Arrears for Service as aforesaid before the Fifth of June One thousand six hundred forty nine among the rest of the said Officers out of the aforesaid security and are equally to enjoy all benefits and advantages in all particulars whatsoever with any other Commission-Officers serving before the Fifth of June One thousand six hundred forty nine mentioned in this Act according to their respective establishments And be it further Enacted by the Authorized aforesaid That in the Stating of the said Arrears no Officers be allowed for Service in Ulster but such as were of the Army called The Brittish Army and within the establishment of the said Army And that no Company or Troop be allowed but those that were Regimented or Mustered by the Commissary of the Musters as a non-Regimented Company or Troop and actively served during the whole time they pretended unto and received Pay and Quarters with the rest of the Army And be it hereby further Enacted That James Duke of Ormond the Earl of Inchiqueen and such Protestant Officers as served faithfully under his Majesties Lord Lieutenant of Ireland at any time between the Fifth of June One thousand six hundred forty nine and the Tenth of December One thousand six hundred and fifty and never served in any Army since but under his Majesties Authority may have their Arrears stated for that time also and may be allowed satisfaction for the same as for the rest of their respective Arrears and that the Debentures to them respectively for those Arrears be for the whole time without distinction And be it also Enacted That all Adventurers Souldiers their Heirs and Assigns whose Adventures and Lots were set out of the Lands of James Duke of Ormond and who have not been yet reprized shall be satisfied out of the remaining forfeited lands in the County of Catherlogh and also out of the respective moyeties of the ten Counties appointed for satisfaction of Adventurers and Souldiers And further That such Adventurers or Souldiers their Heirs or Assigns as have been or shall be removed upon or by reason of the restitution of the Earl of Roscommon shall be reprized in such sort as deficient and other Adventurers are by this Act intended to be satisfied And be it Enacted That the Right Honourable Arthur Earl of Essex Son and Heir of the Right Honourable Arthur late Lord Capel who in his life time subscribed and paid in his money as an Adventurer for Lands in Ireland and the Right Honourable Thomas Lord Culpeper Son and Heir of the Right Honourable John late Lord Culpeper who also in his life time subscribed and paid in his money as an Adventurer on certain propositions for lands in Ireland and all and every other person or persons their Heirs or Assigns who subscribed and paid in their moneys as Adventurers for lands in Ireland according to the Act or Acts passed in the Parliament begun and held at Westminster on the Third day of November in the sixteenth year of the Reign of Our late Sovereign Lord Charles the First of ever blessed memory and have not yet had Certificates from any Five or more of certain persons late sitting at Grocers-hall shall upon the producing the Original Receipts of the moneys so paid in or making good and sufficient proof therein before the Commissioners to be appointed for execution of the Declaration and Instructions and this present Act be enabled and Intituled to Ask Demand Receive and Have his and their respective satisfaction for their Moneys by a full and equal proportion of Lands out of the moyeties of the ten Counties heretofore set out for Adventurers or elsewhere as fully and amply as any other Adventurer can or may justly claim by vertue of any Certificate or Certificates whatsoever unless he or they have received or accepted satisfaction for the Original moneys so adventured out of Church-lands Crown-lands or other Lands formerly exposed to sale in England And be it further Enacted that where any Adventurer hath delivered up his Original Receipt and taken Certificates from any Five or more of certain persons late sitting at Grocers-Hall such Certificates shall be as effectual in the Law and as available to all intents and purposes as if the Original Receipt had been produced and all and every person and persons having and producing such Certificates shall be and are hereby enabled to have receive possesse and enjoy so much and no more forfeited Lands out of the moyeties of the Ten Counties aforesaid or elsewhere and such number of Acres English or Irish measure respectively as by vertue of the said Certificates shall be certified to be due to him or them respectively Provided alwayes That if it shall be clearly proved before the said Commissioners that the said Certificates do contain a greater quantity of Acres than ought to be given and allowed for the Original money paid that then such Certificates shall not Intitle them to any more Lands then are justly due for the Original subscription and money paid Provided alwayes That nothing in the Declaration Instructions or this present Act herein before or after mentioned shall be expounded construed or taken to give any Right or Title to any Adventurer or Adventurers who adventured their moneys upon certain Ordinances or pretended Ordinances of Parliament made in the years One thousand Six hundred Forty three and One thousand Six hundred forty and seven commonly called The Doubling Ordinances nor to the Heirs or Assigns of any such Adventurer or Adventurers to have hold or enjoy any further or other satisfaction out of the forfeited Lands aforesaid than according to the moneys really and Bona Fide paid in and advanced upon the said Ordinances or pretended Ordinances which moneys shall be satisfied with the like proportion of forfeited Lands according to Irish measure as other Adventurers their Heirs or Assigns who advanced their moneys upon the Act passed in the Parliament held at Westminster the first day of November in the Sixteenth year of the Reign of Charles the First Intituled An Act for the further Advancement of an effectual and speedy Reduction of the Rebels in Ireland to the obedience of His Majesty and the Crown of England may and ought to have any Certificate Allotment Distribution or other possession thereof upon the Seventh of May One Thousand Six Hundred Fifty Nine or any other matter or thing to the contrary hereof in any wise notwithstanding Nevertheless It
William Pen shall be forthwith reprized to the full yearly value worth and purchase of the Lands by him heretofore possest and according to the value of the said Lands in the Barony of Muskry whereof he hath been dispossest in order to the Restitution of the Earl of Clancarty at the time of his Surrender and his Improvements of the same and for the Arrears of Rents quitted to the said Earl as also for the Rent that would or might become due until the said Sir William Pen shall be possest of a full Reprize as aforesaid out of such forfeited Lands and Possessions as he now holdeth as Tenant to His Majesty in the said County of Corke so far as the same will extend thereunto and in case of Defect or Restitution of any of the said Lands the same to be made up out of other forfeited Lands of a good and clear Title and unincumbred with the first that shall be reprized And if the Title of any of the Lands by which he shall be so reprized shall be defective or that the said Lands be liable to Incumbrances that forthwith upon Discovery of the same his Reprize shall be made up fully by other forfeited Lands of a clear Title and free from Incumbrances and so from time to time till the said Reprize be compleated as aforesaid And whereas there was formerly intended to be setled on the Orphans of Colonel Owen O Connely particularly mentioned in the Declaration Lands to the value of Two Hundred Pounds per annum as a Recompence for the Fathers Services performed in the Discovery of the Rebellion which begun the Three and Twentieth of October One Thousand Six Hundred Forty One Be it therefore Enacted by the Authority aforesaid That the Commissioners to be appointed for the Execution of this Act shall and are hereby impowered to set out for the use of Arthur and Martha O Connely Orphans of the said Owen O Connely their Heirs and Assigns out of the Forfeited Lands of Murragh Leestown Westperstown Bernonstown Artaine Bremore alias New Haven in the Baronies of Balruddery and Conlocke or elsewhere in the County of Dublin an Estate of the value of Two Hundred Pounds per annum which Estate of Two Hundred Pounds per annum so to be set out for their use shall be chosen out of such of the aforesaid Lands as are Forfeited for the best conveniency of the Orphans under the like Rents and Tenures and with the like Benefit of Reprizals in case of Restitution Removal or Incumbrance as Adventurers are to have by virtue of this present Act Which Lands so to be set out as aforesaid are to be setled upon the said Orphans their Heirs and Assigns in such manner and proportions and according to such Rates and Values as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint Provided always That neither this Act nor any thing therein contained shall be construed or extend to prejudice Anne Marchioness Dowager of Clanrickard her Right unto any the Lands or Hereditaments setled upon her for her Ioynture but that the said Marchioness of Clanrickard her Tenants and Assigns shall forthwith enter into possess and enjoy the said Lands and Hereditaments according to her Title unto the same in the same manner and form as she and they might have done if this Act had not been had nor made this Act or any thing therein contained notwithstanding Provided always That neither this Act nor any thing therein contained shall be construed to prejudice the Grant made by his Majesties late Father of ever Glorious Memory unto George Lane Esq in Trust for Sir George Hamilton of the Lands Tenements and Hereditaments whereof John Draycot of Mornonstown in the County of Meath Esq attainted of High Treason and since deceased was seized or some other person or persons in trust for him or to his use in the Year One Thousand Six Hundred Forty One but that the same shall be of such and no other effect as if this Act had not been made Provided also and be it Enacted by the Authority aforesaid That Captain William Hamilton of Lough Currine in the County of Tyrone his Heirs and Assigns be forthwith satisfied for all such Arrears as upon stating thereof shall appear to rest due unto him either in his own Right or as Heir Executor Administrator or Assigne to others for his or their respective Services in the War of Ireland Out of the Lands Tenements or Hereditaments lately belonging or reputed to belong unto Sir Phelim O Neile of Kinard Knight lying and being in the Barony of Dungannon in the County of Tyrone according to the Rates of Ten Years purchase free Rent over and above all Incumbrances and Reprizes whatsoever subject nevertheless to the like Rents Payments Tenures and Services as either the Lands of Officers who served before June One Thousand Six Hundred and Forty Nine are subject unto within that Province And if in case the said Lands Tenements and Hereditaments belonging unto the said Phelim O Neile at the Rate aforesaid shall not amount to a full Satisfaction of the said Arrear or Arrears then the remaining part of such Arrear or Arrears shall be satisfied and set forth to him the said William Hamilton his Heirs or Assigns out of the Forfeited Lands Tenements and Hereditaments lying and being in the Baronies of Ardagh and Grannard in the County of Longford at the like rate and in like manner as aforesaid any thing in this Act contained to the contrary in any wise notwithstanding Provided alwayes That such forfeited and unrestorable lands within and contiguous to the Mile-Line in the County of Clare that were set out unto Sir Richard Ingoldsby Kt. of the Bath and Sir Henry Ingoldsby Baronet or either of them in satisfaction of one thousand five hundred and fifteen pounds eleven shillings and two pence with their now dwelling Houses and Gardens in Limrick of which they or either of them were possessed by themselves or Tenants the Seventh of May One thousand six hundred fifty nine in consideration of their great Expence by improvement on the premisses be hereby vested setled and assured in and upon them their Heirs and Assigns for ever they or either of them delivering up to the Lord Chancellor of Ireland who is hereby impowered to receive the same so many Debentures for Pay due to Officers before One thousand six hundred forty nine as at the rate of Twelve shillings Six pence in the Pound shall amount unto the full sum of Two thousand Pounds in lieu of the said One thousand five hundred and fifteen pounds the same to be held and enjoyed by such Tenures Rents and Services as other Lands and Houses set out for Services in the year One thousand six hundred forty and nine are or shall be held by this present Act. And in case they shall be dispossessed of any of the said Houses or Lands by virtue of the Declaration
of or belonging to the respective Abbies late dissolved Monasteries Religious Houses Priories or Parishes of Ballytabber in the County of Mayo Knockmoy Kilcreulta Oran alias St. Maries Athenry and Dunmore in the County of Galway and Tyhone in the County of Tipperary or any of them together with all the Impropriate Tythes and Rectories and appurtenances of the said Impropriations Tythes and Rectories or belonging thereunto which belong unto or by this Act are vested in your Majesty to any of the aforesaid Vses according to the tenor and effect of such grant or grants as hath or have been or hereafter shall be past unto him thereof by your Majesties letters Patents in that behalf he or they paying yearly for the same double the Exchequer or Crown Rent reserved thereupon in the year One thousand six hundred forty One Provided alwayes and it is further Enacted by the Authority aforesaid That in all cases of grants of lands made since the date of his Majesties Declaration and Instructions or in case of Provisoes in this Act which give Reprizals to any person or persons of meer Grace that could not claim Reprizals by virtue of the said Declaration or Instructions and not as Adventurers or Souldiers the person or persons concerned in such grants or provisoes shall not have benefit of Reprizals till after such persons and Interests Reprizable by the said Declaration and Instructions be first reprized And whereas during the passing of this present Act Charles Earl of Mountrah died whereby some Questions have arisen between the Countess Dowager of Mountrath and the Heirs and Younger Children of the said Charles Earl of Mountrah concerning the Settlements and Dispositions of the said Charles Earl of Mountrath and his Intentions to dispose of his new acquired Estate be it further Enacted by the Authority aforesaid That all and singular the Manors lands Tenements and Hereditaments and all benefits of Reprizals and other the advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall accrue unto and remain be and continue in his Majesty his Heirs and Successors until such time as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Privy Council there shall upon Examination of the Settlement and the last Will and Testament of the said Charles Earl of Mountrath if any such Will there be and of any other matters or things whereby the Intentions of the said Charles Earl of Mountrath in disposing of his said Estate may appear and according to such dispositions as the said Charles Earl of Mountrath did make in his life time make a final judgement and determination therein and that such judgement and determination and all Grants and Letters Patents that shall be thereupon made shall be as good and as effectual in Law to all intents and purposes as if the same had been particularly mentioned in this present Act. Provided alwayes That if such iudgment and determination shall not be made within Two Moneths after the sitting of the Commissioners for execution of this Act in Ireland that then all and singular the manors lands tenemens and hereditaments and all other the benefits and advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall go and enure according to the general purport provision and meaning of this Act herein before expressed to such person or persons as by this Act can make best Title thereunto and that in such case the foregoing Clause shall be of no effect and utterly void and that in the mean time the possession of and in the premisses hereby vested in his Majesty shall not be disturbed but be and remain where it now is And that the Arrears of Rent and mean profit of the same shall and may be received by those that are in possession thereof subject to the said final judgement and determination any thing in this Act to the contrary thereof in any wise notwithstanding And be it further enacted by the Authority aforesaid That all the Lands Tenements and Hereditaments lying in the Baronies of Dunboyne and Rathtooth and County of Meath whereof Henry Cromwel was by himself his Tenants or Assigns possessed the Seventh of May One thousand six hundred fifty nine be setled upon and confirmed unto Sir William Russel of Laughorn Baronet and Doctor Jonathan Goddard their Heirs and Assigns for ever And that the Lands Tenements and Hereditaments lying in the Province of Connaught whereof the said Henry Cromwel was in the like manner possessed on the said Seventh of May be setled upon and confirmed unto John Russel of Chipuham Esq his Heirs and Assigns for ever any thing in this Act to the contrary notwithstanding the same together with all Arrears of Rent to be had and held by and according to such Rents Tenures and Directions for restitutions Incumbrances and Reprizals as by his Majesties Declaration of the Thirtieth of November One thousand six hundred and sixty is expressed concerning such as were then of his Army in Ireland and moreover That Eight hundred and Fifty Pounds be satisfied unto the said John Russel as an Adventurer in such manner as by this Act is appointed in the case of any other Adventurers Provided also and it is Enacted by the Authority aforesaid That the Heirs of Sir Lucas Dillon Knight Sir Robert Talbot Baronet the Heirs of Sir Valentine Blake Baronet Sir Richard Blake Knight Doctor Gerrald Fennel Geoffry Brown John Brown of the Neal John Walsh Thomas Terril Edmond Dillon John Talbot of Mallahide Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourk of Derry Maclaghney Thomas Arthur Esq Doctor in Physick Gerrald Flemming of Castle-Fleming Luke â—ath of Ackarne and Bartholomew Stackpoole Esqs who or their respective Fathers have eminently suffered for their adhering to the Authority of his Majesty or his late Father of blessed memory in this Kingdom against the Nuntio and his party shall be forthwith restored to their former respective Estates Houses Manors Lands Tenements Hereditaments Rents Priviledges and Services by them claimed as respective Inheritors and Proprietors or as Heirs to their respective Fathers and whereof they or any of their said Fathers were dispossessed by the late Vsurped Power and be therein setled and quieted in possession to them and their Heirs respectively as fully freely and beneficially and with the same Advantages Benefits and Assurances to all intents and purposes as the Lord Viscount Nettervil and the Lord Viscount Galmoy and the rest with them in the Declaration herein before-mentioned ought by virtue of the said Declaration and this present Act to be restored to their respective Estates any thing herein contained to the contrary notwithstanding Provided always That as to all and every the Clauses and Provisoes herein before-mentioned wherein or whereby the Estates or Interests of any private persons are setled and confirmed and the several and respective Grants thereby made to any person or persons It shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being at any time before the first day of December One thousand six hundred sixty two to suspend the Execution thereof or of any of them till they have examined and informed themselves concerning the same and such of them as they shall finde contrary to or inconsistent with the aforesaid Declaration and Instructions or inconvenient for the general Settlement hereby intended to be allowed in their full latitude they have full power and Authority hereby granted to them to retrench alter or change and by their Direction or Order to the Commissioners for Execution of this Act to disallow such of them as they shall think meet in part or in whole or to order how far and in what manner the same shall be executed or observed Which Direction or Orders of the said Lord Lieutenant or other Chief Governour or Governours and Council shall be final and are to be obeyed by the said Commissioners whose proceedings thereupon or in pursuance thereof shall be as valid to all intents and purposes as if they had been particularly appointed or directed by this Act any thing therein contained to the contrary notwithstanding FINIS
Authority thereof That all Honors Manors Castles Houses Places Lands Tenements and Hereditaments Right Title Service Chiefry Vse Trust Condition Fee Rent-Charge Chattels real Mortgage Right of Redemption of any Mortgages Recognizance Iudgements Forfeitures Extent Right of Action Right of Entry Statute or any other Estate of what nature or kind soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom which at any time from and after the said 23. day of October in the year of our Lord 1641. were seized or sequestred into the hands or to the use of his late Majesty King Charles the First or of your most Gracious Majesty that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the said Rebellion or War or which were allotted assigned given granted ordered distributed disposed demised set out or set apart to or for any person or persons use or uses for Adventures Arrears Reprizals or otherwise or whereof his late Majesty or your Majesty that now is or any Adventurer Souldier reprizal person or others respectively had and received the Rent Issue or Profits by reason or upon account of the said Rebellion or War or whereof the Adventurers Officers or Souldiers now or formerly of the English Army in this Kingdom or transplanted or transplantable persons or any of them or their or any of their Heir Heirs or Assignes or any other person or persons whatsoever upon account of the said Rebellion or War were in seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May 1659 or which were assigned given granted laid out set apart or reserved for or towards the satisfaction of any the said Adventurers Souldiers or other persons for or in consideration of any money or provisions advanced lent or furnished or for Arrears of pay or in compensation of any Service or reputed Services or other account whatsoever or reserved or mentioned to be reserved for or in order to a Reprisal or Reprisals for such Incumbrances as then were now are or shall be adjudged due to any person or persons out of the said Lands Tenements or Hereditaments or for any other use intent or purpose whatsoever or whereof any Custodiam Lease for year or years or other Disposition or Grant whatsoever hath been made or unto which your Royal Father or your Majesty that now is are any ways entituled by reason of or upon account of the said Rebellion or War or which are wrongfully detained or concealed by any person or persons whatsoever as also all Chanteries and all Manors Lands Tenements Rents Tythes Pensions Portions and other Hereditaments or things whatsoever belonging to them or any of them which were in the seizin possession or occupation and out of which any Rent Duty Tenure or other Service was reserved of any person or persons who by the Qualifications in this Act shall not be adjudged innocent persons as also all Lands Tenements and Hereditaments belonging to any Ecclesiastical person or persons in his or their politick capacity and that have formerly by them or any of them been let in Fee-farm the right whereof or Title thereunto or Interest therein was in any person or persons his or their Heirs or Assigns who by the Qualifications in this Act expressed shall not be adjudged innocent persons as also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging unto them in their politick capacity to any person or persons their Executors Administrators or Assigns who by the Qualifications in this Act expressed shall not be adjudged innocent persons as also all Impropriations or appropriate Tythes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in this present Act expressed shall not be adjudged innocent are and shall be and are hereby declared deemed and adjudged as from the said 23. day of October 1641. forfeited and to have been forfeited to your Majesty your Heirs and Successors and they hereby are from the said 23. day of October 1641. vested and settled in the real and actual possession and seizin of your Majesty your Heirs and Successors without any Office or Inquisition thereof found or hereafter to be found notwithstanding that the persons who were the former Proprietors or reputed Proprietors of the said Estates or any of them are not hereby or have not been heretofore attainted for and by reason of the said most hainous and unnatural Rebellion and War Provided That this Act shall not extend to the avoiding of any Contract Conveyance Assurance or disposition of for or concerning any of the said forfeited Lands Tenements or Hereditaments made since the 23. day of October 1641. by any Protestant Adventurer or Souldier or other person of or from such persons whose Estates if they had not so as aforesaid disposed them would have been confirmed unto them by the Rules in this Act herein after limited or appointed nor to the avoiding of any Contract for Lands in Connaught or Clare set out by virtue of Decrees made by Protestants or others that purchased any Lands Tenements or Hereditaments from persons transplanted into the Province of Connaught or County of Clare or their Assignes nor to intitle your Majesty to the mean Profits of any of the said forfetied Castles Manors Lands Tenements or Hereditaments since the 23. of Oct. 1641. allotted assigned enjoyed or set out to any Adventurer for adventures or to Souldiers for arrears to persons transplanted into the Province of Connaught or County of Clare or their Assignes or let by the late Vsurpers for yearly Rents or granted by the late usurped powers confirmed by your Majesties said Declaration of the 30. of November 1660. and by this present Act other than such of the Rents reserved on the premisses as were not paid to the late Vsurpers or to your Majesty since your Majesties happy restauration but are yet in arrear and unpaid and other than forfeited Lands Tenements or Hereditaments concealed Provided also That this Act or any thing therein contained shall not be deemed construed or taken to forfeit or vest in your Majesty your Heirs and Successors any Honors Manors Castles Houses Places Lands Tenements and Hereditaments or Chattels real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom on the 23. day of October 1641. belonging in Possession Reversion or Remainder unto the Vniversity of Dublin or to any Archbishop Bishop Dean Prebend Dean and Chapter or other Ecclesiastical person or persons in his or their politick capacity or to any other College Hospital Church Collegiate or Parochial or to the Church-wardens and Parishioners of any Parish-Church for the use of the said Church or to any Guild Corporation or Fraternity Ecclesiastical or Lay or to any Parson Rector or Vicar of any Parish-Church or to the most
Reverend Father in God John Lord Arch-Bishop of Armagh Primate and Metropolitan of all Ireland or to James Duke of Ormond or the Lady Elizabeth Dutchess of Ormond his Wife or to any of their Children or to James late Earl of Roscomon William Earl of Strafford Murrough Earl of Inchiquin Sir George Hamilton Sir Richard Lane Sir George Lane Sir James Montgomery or his Heirs or Thomas Radcliffe Esquire Provided likewise that this Act or any thing therein contained shall not vest nor be understood or construed to vest in your Majesty your Heirs or Successors or otherwise be prejudicial unto or take away any Estate Right Title Interest Service Cheifry Vse Trust Condition Fee Rent-Charge Chattel Real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever from any Protestant or Protestants their Heirs Executors Administrators or Assigns who did not joyn with the said Rebels before the 15th day of September 1643. whereof upon the said 22. day of October 1641. they were respectively seized or possessed or otherwise interested or Entituled or wherein they had any other Estate Vse Possession Trust Reversion or Remainder other then such Estate Interest whereof they or any of them stood seized or possessed for the use of or in trust for any of the Rebels aforesaid nor unto any Iudgement or Decree which hath been obtained by any such Protestant or Protestants in the late Courts or Pretended Courts for Abjudication of Claims or in the Court of Exchequer or any other of the four Courts sitting at Dublin or for which any Iudgement or Decree is or shall be confirmed had or made by the Commissioners heretofore appointed by His Majesty for the execution of His late Gracious Declaration and Instructions herein after recited or at any time hereafter to be appointed by His Majesty for the executing of the said Declaration and Instructions and this present Act who are hereby enabled and Authorized to receive hear and determine the same Nor to the vesting any of the Lands Tenements Hereditaments or Chattels real Right Title Service Cheifry Vse Trust Condition Fee Rent-Charge Chattel real Mortgage right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever or any innocent Papist or their innocent Heirs Executors Administrators or Assigns And be it further Enacted by the Authority aforesaid That all and every such Person or Persons his and their Executors Administrators and Assigns to whom any Lands Tenements or Hereditaments belonging unto such Protestant or innocent Papist have been assigned or distributed set out or enjoyed shall forthwith and before any other Reprizals whatsoever to be set out be reprized any thing in this Act to the contrary notwithstanding Provided also That no Person or Persons their Heirs Executors or Administrators who enjoyed all or any of the said Lands Tenements or Hereditaments which by this present Act are vested or setled in your Majesty your Heirs or Successors shall be accountable for any the Rents Issues or Profits of the same from the said 23. Day of October 1641. until the time of the passing of this present Act other then such Rents Issues and Profits as by new Contracts stand charged in His Majesties Court of Exchequer since the year 1650. or the profits of concealed Lands enjoyed without Title allowed and confirmed by this present Act. And whereas Your Sacred Majesty hath by your said Gracious Declaration Instructions declared your Royal pleasure and Intentions how the said Honors Manors Castles Houses Lands Tenements and Hereditaments and all other the Estates and Interests hereby forfeited unto and vested in Your Majesty your Heirs and Successors should be disposed of and also by Commission under your Great Seal of this Your Kingdome bearing date the 30th Day of April in the 13th year of your Majesties Reign appointed certain Commissioners for putting in execution all the matters and things in the said Declaration and Instructions contained Be it Enacted by the Authority aforesaid That all the said Honors Manors Lands Castles Houses Tenements Hereditaments and all other the Estates and Interests hereby vested and setled in Your Majesty your Heirs and Successors except before excepted or provided for as aforesaid shall be and remain in your Sacred Majesty your Heirs and Successors to the intent to be setled confirmed restored or disposed to and for such use and uses and in such manner as in and by the said Declaration and Instructions hereafter following and by this present Act and the true intent and meaning thereof is declared limited meant intended or appointed His Majesties GRACIOUS DECLARATION FOR The Settlement of His Kingdome of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other His Subjects there CHarles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Our loving Subjects of Our Kingdome of Ireland of what degree or quality soever Greeting It having pleased Almighty God out of his great mercy and compassion towards Vs and all Our Subjects to restore Vs in so wonderful a manner to each other and with so wonderful circumstances of affection and confidence in each other as must for ever fill Our Hearts if We are in any degree sensible of such Blessings with an humble and grateful acknowledgement of the Obligation We owe to His Divine Providence That he would vouchsafe to work that miracle for Vs himself which no endeavours of Our own could bring to pass We think it agreable to the just sense We have and ought to have of the good affection of all Our good Subjects who have contributed so much in bringing this unspeakable Blessing upon Vs themselves that We acknowledge that our good Subjects in Our Kingdome of Ireland have born a very good part in procuring this happiness that they were early in their dutiful Addresses to Vs and made the same professions of a resolution to return to their Duty and Obedience to Vs during the time of Our being beyond the Seas which they have since so eminently made good and put in practise However it was not easy for us to make any publick Declaration with reference to that Our Kingdome there being many difficulties in the providing for and complying with the several Interests and Pretences there which We were bound in Honour and Iustice in some degree to take care of and which were different from the difficulties We were to contend with in this Kingdome We well knew the Acts of Parliament which had formerly past for the security of the Adventurers in that Kingdom had heard of the proceedings which had been thereupon by which very many Officers Souldiers and others as well of this as that Our Kingdome were in possession of a great part of the Lands of that Our Kingdom and
Declaratione and Proclamations concerning the Army and of the full assurance of the forwardness and readiness of the said Army and loving Subjects in Ireland to contribute as in Duty bound all that in them lay for Our Restauration We are pleased of Our special Grace and Favour to Declare and do hereby Declare That all Officers and Souldiers their Heirs and Assigns who have been and are of the said Army in Ireland and to whom Lands have been given out in satisfaction of their Arrears for their Service in that Our Kingdome and have by the general Convention of Ireland or by any other publick Act declared submission and obedience to Vs according to Our said Declaration of the 4 14 of April last dated at Breda shall enjoy their respective Estates conferred on them for their Arrears for Service in the Kingdome of Ireland according to their respective Possessions on the said Seventh Day of May One thousand Six hundred Fifty nine in full satisfaction of all such Arrears for which Lands were set out to them respectively as aforesaid so that they and every of them having received an equal proportion with others in the like case are and shall be for ever barred from demanding or receiving any further satisfaction therefore although they had allowance but for Thirteen shillings in the Pound or thereabouts Excepting alwayes out of all such Settlements to the said Adventurers and Souldiers all and every such Estate and Estates wherein or in procuring whereof any Bribery Forgery Perjury Subornation of Witnesses hath been used or practised as also such part of any Estate hereby declared to be setled as aforesaid which by false or undue Admeasurement hath been set forth such Offence and Crime being discovered before the Twentieth day of December One Thousand Six hundred Sixty one Excepting also the Estate of all and every such person or persons that is or are excepted in one Act past this present Parliament at Westminster Entituled An Act of Free and General Pardon Indempnity and Oblivion Excepting also all such Lands as are commonly called Church-Lands whether the same belong to Arch-Bishops Bishops or other Ecclesiastical persons whatsoever that have been set out to Adventurers Souldiers or others Neither shall this extend to give any benefit to such person or persons as have or shall by any overt Act proveably done or to be done by him or them subsequent to Our Restauration endeavour the disturbance of the publick Peace or have manifested any aversion to Our Restauration and Government it being but very reasonable that the Abusers of so much Mercy held forth by Vs should not be partakers thereof And excepting all such Estates statutes Mortgages Iudgements Leases Lands Tenements and Hereditaments and other profits and advantages which have been decreed to any of Our Subjects by the respective Courts of Claims and Court of Exchequer in Ireland and the said Decrees not since reversed although the premisses are yet possest or witheld from those who have obtained the said Decrees by Adventurers Souldiers or others to whom the same were set out who are to be reprized in like manner as others provided for by this Declaration And whereas several legal Incumbrances do and may rest upon the Lands set out to Adventurers and Souldiers as aforesaid We are pleased further graciously to declare That the said Adventurers and Souldiers shall receive satisfaction out of the forfeited Lands in the County of Kildare saving the Lands and Estate of Christopher Eustace commonly called Mad-Eustace in the said County or elsewhere which it is Our Will and Pleasure be forthwith restored to him and his Heirs for all Statutes Recognizances Iudgements Mortgages Dowers Ioyntures Lease for Life or Lives or for Years Rent-Charge or other such Incumbrances charged on their Estates such Incumbrances being made appear by the 22. of October 1661. before such as shall be thereunto Commissioned with all convenient speed after this Declaration Being sensible That several Officers who were engaged in Our Service in Ireland and eminently acted and suffered therein have by the partiality and injustice of the Powers then in being received no satisfaction for the same We are therefore further pleased graciously to declare That all Commissioned Officers their Heirs or Assigns who were in Regiments Troops or Companies raised in Ireland or transported out of England and served Our Royal Father or Our Self in the Wars in Ireland at any time before the Fifth of June 1649. other then those who have received Lands or Money for their pay due unto them since the Fifth Day of June 1649. shall be satisfied their respective personal Arrears out of the particulars following viz. Out of the forfeited Lands Tenements and Hereditaments undisposed of to Adventurers or Souldiers in the Counties of Wickloe Longford Leytrim and Donnegal Out of all the Forfeited Lands Tenements and Hereditaments undisposed of in the Province of Connaught and County of Clare lying within one mile of the River Shanon or of the Sea commonly called the Mile-Line Out of all the Houses and Tenements Forfeited in Ireland in the several Walled Towns and Corporations and Lands thereunto belonging not already set out to the Adventurers or Souldiers in satisfaction of Adventures and Arrears satisfaction being first made to such Protestants who on Leases or Contracts for Leases have built or repaired Houses or planted Orchards or Gardens except the Houses Tenements and Hereditaments in the Town of Wexford already set out unto Martin Noel and John Arthur and now in their possession which shall be confirmed to them their Heirs and Assigns out of the benefit arising from the Redemption of Mortgages Statutes Staples and Iudgements where the Lands are not already disposed of to Adventurers or Souldiers Excepting alwayes hereout such Mortgages Statutes Iudgements as any Forfeiting persons of Ireland hath or had on the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold or the Lady Marchioness his Wife out of one Years Rent and Profits of the Lands set out to the Officers and Souldiers for their Arrears in the Year 1653. And likewise of the Army now in being according as those respective said Estates yielded in the Year 1659. As also out of one year and a halfs Rent and Profits arising out of the Lands for the Arrears of those Officers and Souldiers who were ordered or received satisfaction for their said Arrears in the Years 1655 1656 and 1657. according as the Estates yielded in the Year 1659. And it is further Declared That all Commissioned Officers before One thousand Six hundred Forty nine who have had no satisfaction in Lands or otherwise set out to them for Services since One thousand Six hundred Forty nine shall be immediately out of the whole Security that is above assigned for satisfaction of Arrears before One thousand six hundred Forty nine satisfied Twelve shillings Six pence in the Pound of what is due to them And then the remaining part of all the said respective Securities to
be equally divided amongst all and every the said Commissioned Officers who have any Arrears due for Services in Ireland before One thousand Six hundred Forty nine All which Rents above said and profits shall be paid in such way and manner as shall be by Vs appointed And also the said Houses Lands and Tenements distributed and set out in such way and manner as we shall appoint for the ends and uses aforesaid the said Years Rent to be paid in the space of Two Years by even and equal proportions half yearly And the said Year and a halfs Rent in three years by even and equal portions half yearly For which Service as also for stating the Arrears of the Commissioned Officers aforesaid not yet stated fit persons shall be speedily by Vs Authorized All which said Arrears so to be stated shall be stated before the Twenty nineth day of September One thousand Six hundred Sixty one And the several particulars for the above security for Officers serving before One thousand Six hundred Forty nine shall be immediately put out of Charge in Our Court of Exchequer Whereof Our Chief Baron and other Our Ministers of the said Court are hereby required to take notice and put the same in execution accordingly And the said Securities are hereby committed and intrusted into the hands of such persons for the uses aforesaid As the Duke of Albermarle General of all Our Armies and the Lord Marquess of Ormond Lord Steward of Our Houshold by Vs hereby thereunto Authorized shal appoint to be by them Let and set for the best advantage and to the ends aforesaid And they are also to Assign sit and convenient Salaries for such persons as shall be imployed therein The said Salaries to be assigned unto them out of the Profits of the said Securities That such Protestants whose Estates have been given out for satisfaction of Adventurers or Souldiers or otherwise disposed of to any other persons shall be forthwith restored to their former Estates and a Reprizal of equal Value Worth and Purchase forthwith Assigned to such Adventurers or Souldiers as shall be removed out of their said Estates Provided no person or persons shall have the benefit hereof who were in the Rebellion before the Fifteenth of September One thousand Six hundred Forty and three and have taken out Decrees for Lands in the Province of Connaught or County of Clare in recompence of their former Estates And that such Adventurer Souldier or other persons who have been or shall be removed from the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold for what he possest therefore for Adventure or Arrears shall be Reprized in the County of Catherlaugh for the same every person so to be removed shall not be accomptable for the Profits he received whilest he or they enjoyed such Estates Provided alwayes That this Our Declaration or any thing or matter therein contained shall not extend to any Lands Tenements or Hereditaments which James Lord Marquess of Ormond Lord Steward of Our Houshold or any of his Ancestors Barons of Arckloe Viscounts of Thurles or Earles of Ormond or Ossory did at any time heretofore Mortgage Grant or Demise unto any person or persons in Fee Fee-Farm Fee-Tail for Life or for Years or for any other Estate or Interest nor to any Lands Tenements or Hereditaments held of the said James Lord Marquess of Ormond mediately or immediately as of any of his Manors whereby the Forfeited or Forfeitable Interest of any person or persons in such Lands Tenements or Hereditaments as aforesaid may be setled in any Adventurer Souldier or any person whatsoever other than the said James Marquess of Ormond and his Heirs Provided that this shall not extend to any of the Lands held of James Marquess of Ormond or the Lady Marchioness his Wife as of any their Manors but that all such Lands shall be held of the said James and the Lady Marchioness and their Heirs by the same Tenure and at the same Rents and Services as heretofore any thing in this Our Declaration to the contrary contained notwithstanding And whereas the Earl of Inchequin hath been dispossessed of his Estate for his eminent Service and adhering unto Vs and is now by Act of Parliament ordered to be restored to his said Estate We are graciously pleased hereby further to Declare That he be accordingly restored to his said Estate and that such who shall thereby â—e removed and are justly capable of reprize that they shall be reprized as others in lâ—ke cases are to be reprised And whereas we understand that by the â—â—te usurped Powers during the Distempers of these Tiâ—â—â— several Irish Proprietors of the Popish Religion have been dispossessed of their Estates meerly for being Papists and have shed out Decrees and are possessed of Lands in the Province of Connaught and County of Clare in compensation of their former Estates which being an Act of their own We might without any injustice deny to relieve them in yet so willing We are that any Interest intituling in self to Equitable mercy mâ—ght not be disappointed that We declare That all innocent Papists being such as shall prove themselves to have been Faithful and Loyal unto and never acted against Our Royal Father or Our Self since the two and twentieth day of October One thousand six hundred forty one though they have sued out Decrees and are possessed of Lands in the Province of Connaught or County of Clare in lieu of their former Estates shall notwithstanding be restored to their said Estates by the second of May One thousand six hundred Sixty one Provided that the said Lands in Connaught and Clare so allotted to the said Papists be restored unto Vs to Reprise others or for satisfaction of such Irish Proprietors thereof so far as this Declaration excludes them not or if the said Lands in Connaught and Clare or any part thereof have been sold by any such Papist that the said Papist out of his Estate to which he is to be restored shall pay the Purchase-Money to the said Purchaser his Heirs or Assigns and whosoever either by Reprize or Restauration shall enjoy the said Lands shall make satisfaction to the said Purchaser for all necessary Reparations and Improvements upon the said Lands before he be admitted to the possession of them Provided also That whatsoever Adventurer or Souldier that shall be removed from his present possession to make room for any such Papist shall forthwith have a Reprize of equal value worth and purchase in other Forfeited Lands Provided alwayes That whereas the Corporations of Ireland are now planted with English who have considerably improved at their own Charges and brought Trade and Manufacture into that Our Kingdom and by their Settlment there do not a little contribute to the Peace and Settlement of that Country the disturbing or removal of which English would in many respects be very prejudicial That all such of the Popish Religion of any Corporations in Ireland
who have been for Publick security dispossessed of their Estates within any Corporation shall be forthwith Reprized in Forfeited Lands Tenements and Hereditaments neer the said Corporations to the full Value Worth and Purchase of such Estate as he was dispossest of within such Corporation And that particularly the Popish Inhabitants of Cork Youghall and Kingsale shall have undisposed Forfeited Lands set out to them in the Baronies of Barrimore and Muskerry in the County of Cork according to their respective Decrees past in that behalf Provided that in the case of innocent Papists within the said respective Corporations that were dispossessed as aforesaid it shall remain in His Majesties Power to grant restitution in like manner as is provided in the case of other innocent Papists We are also graciously pleased that the Lands and Houses set out to any person or persons for satisfaction of any Money lent or publick Debts incurred for Provisions Armes or Ammunition furnished for support of Our Army in Ireland in the beginning of the Rebellion shall be and remain disposeable for the satisfaction of such of the said Debts and Debentures for such Debts as upon examination of the respective Cases shall appear most deserving consideration and satisfaction in such proportions as shall be thought most equal and just We are likewise graciously pleased to declare That the Lands set out to George Duke of Albermarle Captain General of Our Armies of England Scotland and Ireland for his Arrears and Service in Ireland as also the Lands being for Arrears purchased by him and whereof he is now possessed and the Lands setled upon Roger Earl of Orrery Charles Earl of Mountrath Richard Lord Baron of Caloony Chidley Coote and Thomas Coote Esquires the Relict and Heirs of Sir Simon Harcourt Sir William Penn and the Relict and Children of Col. George Cook Sir Theophilus Jones Sir George Ayscough and the Orphans of Colonel Owen O Connelly for their Service and Sufferings in the War of Ireland As also the Lands set out to Richard Urial and Thomas Crostthwart of One hundred Pounds per annum As also all such Lands Tenements and Hereditaments as Arthur Lord Viscount of Valentia hath purchased from any persons in actual possession thereof by virtue of any Grant Order or disposition of the late Vsurped Powers or any of them shall be setled and confirmed unto them their Heirs and Assigns respectively And also that Lands be set out to Major George Rawdoh in satisfaction of Debentures due to him for Arrears and Provisions furnished for Ireland Provided alwayes and We do hereby declare that it is not Our intention thereby to weaken or avoid the Iust and Legal Citie of any Person that is restoreable by this Our Declaration But that if any of the said Estates shall be accordingly restored to the former Proprietor that then a Reprize of equal Value Worth and Purchase shall forthwith be assigned in lieu thereof And as We cannot but with extraordinary sadness of heart remember and even at present behold the desolate and distracted condition that Our Kingdome of Ireland hath been and is reduced unto by the unnatural Insurrection begun in the Year One thousand Six hundred Forty one and consequently abhor and detest the Contrivers and obstinate Promoters of the same against Vs Our Crown and Dignity So We cannot upon the considerations formerly exprest in this Our Declaration deny all Iust and Reasonable Provision that may stand with the present Iuncture of Our Affairs unto such of the Irish Nation who not onely gave early Evidences of their Repentance for their Crimes but also persevered in their Loyalty to Vs and Our Commands And that as near as We can Our Iustice and Our Mercy in accommodating this Interest might not justle each other We are in a different manner to consider of such of them as are justly Entituled to the Benefit of those Articles of Peace formerly mentioned and such who did not submit unto the same or after a submission made a departue from the same which two latter sorts have justly forfeited that Favour which otherwise they might have received We are also further to consider of those who embraced the said Articles and submitted to the said Peace without any Apostacy in a different notion as of those who remained in that Our Kingdome who sued out Decrees and received Lands in satisfaction of their ancient Estates and those who being Transported into Forreign parts through many difficulties Vnited Rendevouzed and served under Our Obedience So that upon these considerations We think fit and declare and accordingly do declare That as to those who imbraced the said Articles and submitted to the said Peace and constantly adhered thereunto and remaining at home sued out Decrees and obtained possession of Lands in the Province of Connaught or County of Clare that they are to stand bound by them and not to be relieved against their own Act who contented themselves to enjoy a part of satisfaction for their own rather than to attend our Restitution or submit themselves to Our Command in Forreign parts as others did And yet if the conditions of those seem hard they can no more reasonably expect that We should further relieve them than Our friends in England and Ireland can expect that we should pay back to them all the Moneys they were compelled in the evil Times to pay for their Compositions which they would have avoided had it been in their power And in case any justly Entituled to the said Peace have obtained Decrees for Lands in the Province of Connaught or County of Clare in lieu of their former Estateâ— and have not been possest of lands according to such their respective Decrees We further declare That if by the First day of November One thousand Six hundred Sixty one they shall not be possest of such Decreed lands they shall immediately after the said day he otherwise satisfied for the same And as to those who continued with Vs or served faithfully under Our Ensignes beyond the Seas We think fit and accordingly declare That they shall be restored to their former Estates if they by themselves or Agents Authorised by them have not prosecuted and obtained Decrees and lands in the Province of Connaught or County of Clare in compensation of their former Estates a Reprize being first assigned and legally set out of the remaining Forfeited lands undisposed of to such Adventurer or Souldier or other person before named of equal Value Worth and Purchase to the Estate out of which such Adventurer or Souldier or other person aforesaid shall be so removed Yet so that if any Charge Debt or other legal incumbrance have been due upon or out of any such lands so to be restored which by law or good Conscience ought to be discharged by the party so to be restored And that the said Charges Debts or Incumbrances have been discharged or satisfied by the party his Heirs or Assigns from whom such lands are now to be Reprized
that such persons their Heirs or Assignes may and shall hold the said lands until they are satisfied and contented of and for the same And that none of the persons so to be removed shall be accountable for the Rents or Profits of the Estates out of which they shall be so removed which Rents and Profits and Arrears of Rents they are respectively to receive until they are possest of other Estates as aforesaid as also reasonable consideration for reparations of Houses and other necessary improvements made and to be seen upon the premisses wherein like regard is to be had to the respective Tenants and Lessees for their Improvements but where the Landlord took Fine he is to be accountable for the same towards satisfaction for their Improvements who paid the said Fine And lest such Restorations and Reprizes if not speedily effected might be attended with many prejudices to all parties concerned therein We declare that the farthest time for accomplishing thereof shall be by the Three and Twentieth day of October One thousand Six hundred Sixty and one And whereas divers persons for most of whom a general provision is made by this Our Declaration have for Reasons known unto Vs in an especial manner merited Our Grace and Favour particularly the Earl of Clanricard the Earl of Westmeath the Earl of Fingal the Earl of Clancartie the Lord Viscount Gormanstown the Lord Viscount Mountgarret the Lord Viscount Dillon the Lord Viscount Taaffe the Lord Viscount Ikerryn the Lord Viscount Nettervill the Lord Viscount Galmoy the Lord Viscount Mayo the Lord Baron of Dunboyn the Lord Baron of Trimletstown the Lord Baron of Dunsany the Lord Baron of Vpper Ossory the Lord Bermingham Baron of Arthunry the Lord Baron of Strabane Colonel Richard Butler Sir George Hamilton Knight and Baronet Sir Richard Barnewel Baronet Sir Redmund Everard Baronet Sir Valentine Brown Knight Sir Thomas Sherlock Knight Sir Dermot O Shaghnussey Knight Sir Daniel O Bryon Knight Colonel Christopher O Bryan Mr. Richard Belling Son to Sir Henry Belling Knight Righard Lane of Tulske Esquire Mr. Edmund Fitzgerald of Balymalo Mr. Thomas Butler of Kilconnel Mr. _____ Macnemarra of Creevagh Mr. David Powre of Kilbolane Mr. Donnogh O Calaghane of Clonmeen Mr. James Copinger of Cloghane in the County of Cork Mr. George Fitgerrald of Ticrochane Mr. Barnard Talbot of Rathdown and Conly Geoghegan of Donore We do hereby declare That they and every of them without being put to any further proof shall be restored to their former Estates according to the Rules and Directions in the last fore-going Clause of this Our Declaration concerning such as continued with Vs or served faithfully under Our Ensigns beyond the Seas many of whose Names hereafter follow viz. The Lord Viscount Muskry Colonel Lieutenant Colonel Legg Serjeant Major Edward Scott Captain John O Neile of Carrick in the County of Tipperary Captain Terence Bryan of Palace Greeny in the County of Limrick Captain Teige Mac Carty for Mortgage onely in the County of Cork Captain Daniel Boy O Donovane of Killcellman in the said County Captain Edmund O Murriane of Dulish Murrian in the County of Tipperary Captain John White of Loyhall in the County of Limrik Captain Daniel O Keef of Drumagh in the Barony of Dullhally and County of Cork Captain Philip Barry of Dunbagy in the said County Cap. Thomas Brown of the Baronies of Bear and Bantry in the Counties of Cork and Kerry Captain Francis Hacket of Dully in the County of Tipperary Captain Charles O Shiell in the County of Antrim Captain Davie Dannan of Davenstown in the Barony of Fermoy and County of Cork Captain Dermot O Brien of Carrickcouquis in the County of Clare Lieutenant Pierce Walsh Lieutenant Richard Barry of Robertstown in the Barony of Barrimore and County of Cork Lieutenant Dermot O Murriane of the County of Tipperary Lieutenant Edward Mandevill of Ballyyne in the County of Tipperary Lieutenant Daniel O Driscol of Carbury in the County of Cork Lieutenant Teige O Cullaine aliàs Totave of the County of Cork Ensign Morris Fitzgerald of Balynemart in the said County Ensign Daniel Carthy of Dunedarrick in the said County Ensign George Cumerton of the County of Killkenny Ensign Walter Butler of Shan-bally-duff in the County of Tipperary Ensign Piers Quirk and William Quirk of the said County Ensign John Mac Tiege aliàs Mac Tiege of Carbury Ensign Pierce duff Buttler in the County of Tipperary Ensign Theobald Butler of Barnane in the said County Ensign Miles Roach of the County of Cork and Barony of Fermoy Ensign Philip Hogan of Hally in the County of Tipperary Ensign Turlagh O Her of Balime in the County of Clare Owen Oge Mac Egan of the County of Cork Adjutant The Lord Castle Connel of the County of Limrick Colonel Charles Mac Carty Rieagh of Kilbretan in the County of Cork Colonel Richard Fitzgerald of Balenemartery in the said County Colonel Cornelius O Driscol of Donesaide in the said County Lieutenant Colonel William Buttler of Ballifoqui Captain Willam Barry of Ringquaran in the County of Cork Captain Peirce Nagle of Monaneme in the said County Captain Arthur O Kinfe of Glanefriacan in the said County Captain Owen Mac Carty of Clocerre in the said County Captain Edmond Mac Cuiny of Massanglashy in the said County Captain Charles Mac Carthy of Cloncalaih in the said County Captain Dermot O Shinan of the County of Limrick Captain Edmund Power of Intch in the County of Cork Captain John Fox of Baligaden in the County of Limrick Captain Michael Morisey of the County of Clare Captain Dermot O Sulivan of Kilmalac in the County of Kerry Lieutenant Der. O Sulivan of Fermoyle in the said County Lieutenant Richard Stapleton of Lynestowne in the County of Tipperary Lieutenant James Purcel of Knockinroe in the said County Lieutenant Henry Wies of _____ in the County of Waterford Lieutenant Garret Fitzgarret of Lickfour in the County of Kerry Ensign George Shaie of Kilkeny Ensign Philip Hogane of Aylehie in the County of Tipperary Ensign Moilmory O Holy of the County of Armagh Ensign Daniel O Donman of Forneise in the County of Cork Ensign Donee O Culan of Baly Coursy in the said County Ensign Florence O Driscol of Ballyhan in the said County Captain _____ Gorman David Bourk of Barnanlahie in the County of Tipperary Captain Stephen Butler Ensign Alexander Berne of the County of Roscomon Colonel William Taaffe Lieutenant Bryan Mac Donough of the County of Sleigo Ensign Edward Dillon of the County of Westmeath Lieutenant Colonel James Fitz-Patrick Lieutenant John Cassin Ensign Edmund Brenane Major Owen O Conner of Baylynagare in the County of Roscomon Lieutenant VValter Costelloe of the County of Mayo Ensign Daniel O Conner of the same County Captain VValter Hope of Molingare Lieutenant Terlogh Mac Donough of the County of Sleigo Ensign Christopher Mac Donough of the same Captain Gerald Ferall Lieutenant Charles Mac Donnel Ensign Richard Farral Captain Charles O Molloy
to be settled with them in that Our Kingdome And least any Ambiguity or controversy might arise for precedency in restitution to their former Rights We do Declare That first all innocent Protestants and those persons termed innocent Papists who never took out any Decree or had lands assigned to them in Connaught or Clare be first restored In the next place That those innocent Protestants and Papists who took out Decrees and had lands allotted to them in pursuance thereof in Connaught or Clare shall be restored And that such transplanted persons as shall be dispossest of their Decreed Estates in Connaught or Clare by virtue of this Our Declaration shall be Reprized out of other Forfeited lands of equal value worth and purchase in the said Province of Connaught or County of Clare or elsewhere before they be dispossest of their said Estates And that then such of the Irish Papists who constantly served under Our Ensigns abroad having right to the Articles of Peace are to be restored of which if any dispute shall be of their Capacity of Priviledge herein We shall by further intimation of Our pleasure to Our Chief Governour or Governours in that Our Kingdome and Council there give a final Resolve and Determination therein Yet this is alwayes so to be understood That whatsoever person or persons in the next precedent Qualifications shall find any part of his or their Estates not already disposed or not designed to be disposed to the ends aforesaid exprest in this Our Declaration That such person or persons their Heirs or Assigns shall be respectively restored to his or their said Estates And We further declare That in respect many have contracted very just Debts for furnishing Armes Ammunition and other necessary provisions for carrying on the War in Ireland before One thousand Six hundred Forty nine for which they have given security and so made themselves liable to suit and hazard which in all equity ought to be provided for That after such Reprizals made as aforesaid satisfaction shall be set forth out of the remaining lands in Our disposal to such persons their Heirs and Assigns And We are graciously pleased further to Declare That every Adventurer and Souldier their Heirs and Assigns setled in lands Tenements and Hereditaments as aforesaid And every person restored unto or Reprized for his Estate as is formerly mentioned shall pay unto Vs Our Heires and Successors yearly for ever the Rents following viz. For every Acre in the Province of Leinster Three pence For every Acre in the Province of Munster Two pence Farthing For every Acre in the Province of Connaught One penny Half penny And for every Acre in the Province of Ulster One penny accounting as to the payment of the said Rent only One hundred and Sixty Pearches to the Acre and Sixteen Foot and a half to the Pearch And all such as receive satisfaction for their Arrears out of the Houses and Tenements in the several corporations in Ireland one shilling six pence yearly out of every Twenty shillings Rent so that the Rent formerly reserved on such Estates so to be restored exceed not the Rent hereby reserved But if the said Rent formerly reserved do exceed the Rent hereby to be reserved the said former Rent only shall be paid and the said Estates respectively shall be discharged from payment of the Rent or Rents hereby reserved And it is Our further pleasure and We do hereby declare That all Lands Tenements and Hereditaments thus settled and to be settled upon Adventurers shall be held of Vs Our Heirs and Successors in Free and common Soccage as in the Statute of the Seventeenth Caroli is limited and appointed And that all Lands Tenements and Hereditaments setled or to be setled on the Souldiers who are out of the said Act and not provided for by it shall be held of Vs Our Heirs and Successors by Knights service in Capite All other particulars above mentioned being fully effected we trust through the goodness of God that that near ruined Kingdom will be restored to peace plenty And that by such signal evidences of our justice favor mercy the wicked will be deterred from their wickedness the good encouraged confirmed in resolutions of loyalty towards us and peace among one another And as in this Our Declaration we have made choice of those means which in Our Wisdome and Iudgement We have esteemed most conducible to the Quiet and Settlement of that Our Kingdome so We esteem it necessary further to declare That it is Our firm intention forthwith to call a Parliament in that Our Kingdom and effectually to recommend unto Our Chief Governour or Governours Privy Council and Our said Parliament the establishing by Laws there all the particulars mentioned in this Our Declaration and such others as shall be found necessary for the good of Our People there and after such Bills are past that then an Act of Free and General Pardon Indempnity and Oblivâ—on shall be granted to all Our Subjects of and in Ireland notorious Murderers only excepted And because We are too credibly assured That in the Decrees and Iudgements given for Forfeited lands in the Province of Connaught and County of Clare much injustice and fraud hath been used We shall recommend the whole review of that business to Our Chief Governour or Governours for the time being and Our Privy Council and Commissioners or some of them to the end that whatever irregularity shall be found in those proceedings may by their Care and Wisdome be rectified and the Iust part thereof confirmed As also that a suitable Act for Ireland for confirming Iudicial proceedings there in the four Courts may be there past And another Act for ratifying all Decrees and Iudgements in the Court of Claims and Exchequer of Dublin and the Claims of Our Protestant Subjects of Ireland that so all Our Subjects being legally setled and confirmed in their lives properties and Estates they may without fear for the Future betake themselves to mend the Ruines and Desolations of so long and bloody War and live in comfort and unity And We more than hope that by Our thus proceeding the World will believe nothing of Our own Advantage can come in competition with the Peace and Good of Our Subjects for We reserve little to Our Self but the satisfaction of contenting all Interests at the price of freely parting with almost all the great Forfeitures vested in Vs by Law in that Our Kingdom And if by this Indulgence We shall attain that desired end it will be much more considerable unto Vs than the rate at which We purchase it And We further Declare That whereas several of the Adventurers and Souldiers having made a thankful estimation of our grace and favour expressed by this our Declaration in settling them in a peaceable possession and right of what they enjoy by Our waving those many advantages devolved upon us by law have voluntarily exprest their own willingness and confidence of the
Directions as you shall receive herein from Vs or from Our Chief Governour or Governours and Council of that Our Kingdome for the time being agreable to Our said Declaration If such Incumbrance be a Rent-charge or Yearly Rent issuing or payable out of the Estates of the said Adventurers or Souldiers for ever or for years or for life You are then to put a Rate or Value on such Rent-charge not exceeding Ten years Purchase for an Estate for ever or Six years Purchase if for life or for any term under Ten years or Seven years Purchase if for Two lives or any term above Ten years and under Twenty one years or Eight years purchase for any term above Twenty one years and under Thirty one years and Nine years Purchase for all above Thirty one years which shall be satisfied out of the said Forfeited lands in the said County of Kildare after the Rate afore-going If such Incumbrance be by Lease or Leases for term of years or for life or lives you shall as is before directed inquire after the damage such Adventurer or Souldier sustains by virtue of such Lease and if the said term shall not exceed seven years or the damage be not one third part of the full value of the said Lands set out to him you shall not assign any recompence or Reprize but if such damage be for above Seven years or above one third part of the profits of such Estate satisfaction is to be given in way and manner as in the preceding Instructions is directed The which Lands being thus set out allotted and distributed to the said Adventurers and Reprized to the said Adventurers and Souldiers you are to give unto them respectively a Certificate of what Lands are so set out unto them with the number of acres Denominations of the said Lands the Parish Barony and County such Lands are in and who Forfeited the same which Certificate the said Adventurers Souldiers are forthwith to Record in Our Court of Exchequer upon which Our said Court is to give Order to Our respective Sheriffs to put the said Adventurers and Souldiers their Assigns or Agents into the possession of such Lands so allotted divided and set out or reprized as aforesaid Whereas by Our said Declaration the Estates of every person or persons that sate as Iudges in the pretended High Court of Iustice upon the Life of Our Royal Father of blessed Memory or who Sentenced him or who Signed or Sealed the Warrant for Execution or who were of the Guard of Halberteers assisting to put the Bloody Sentence of Death in execution upon the Thirtieth of January One thousand Six hundred Forty eight are not confirmed You are therefore to inquire what Estates any of the said persons had and to return Certificates thereof into Our Court of Exchequer which Court is hereby required to sieze the same to Our use and for the increase of Our Revenue except so much of the same lands Tenements and Hereditaments lately belonging to John Cook as by Our Letters of the Twenty fourth of November last was granted by Vs to Sir George Lane Knight for his faithful Service which it is Our will and pleasure shall be confirmed to him his Heirs and Assigns accordingly and that all proceedings necessary for the finding Our Title thereunto and to the lands Tenements and Hereditaments of Philip Hoare of Kilsalchan in the same letter to the said Sir George Lane granted be speedily made by Our Officers and Ministers intrusted in that behalf and that thereupon letters Patents be past thereof or of any other Forfeited Lands Tenements and Hereditaments given or granted by Our said letters in lieu thereof under Our Great Seal of Ireland to the said Sir George Lane his Heirs and Assignes according to the direction of Our said letters in the most large favourable and benigne acceptation thereof You are by the best way and means you can to inquire after all Forged Debentures or Bills on which any lands have been set out either to Adventurers or Souldiers and forthwith certifie such Forgeries into Our Court of Exchequer that such persons may be proceeded against according to law The like you are to do after the Estates of such as have procured or obtained the possession of any Estate by Perjury Bribery or Subornation of Witnesses or false or undue admeasurement to Our prejudice To the end such Estate or Estates so unjustly obtained may be seized according to the Tenor of Our said Declaration And whereas many being conscious of their own guilt or evil intentions with respect to the most heinous Rebellion begun the Three and Twentieth of October One thousand Six hundred Forty and One have made private Settlements of their Estates and many of Our Protestant Subjects having formerly Mortgaged their Houses Lands Tenements and Hereditaments unto such as have Forfeited the same in these evil and unsetled Times have notwithstanding entred upon and keep possession of Our Right You are therefore in the best way and manner you can to make a Discovery of all such or any other concealments to Our prejudice In Order whereunto Our Officers in Our Four Courts of Dublin or in the Office for Probat of Wills are required to be aiding and assisting to you herein and from time to time to search after such matters or things as you shall judge for Our Service to inquire after and to attend you with such Records as you shall judge needful Whereas by Our said Declaration several innocent Protestants and Papists are to be restored to their Estates and a Reprize of equal value worth and purchase is to be assigned to such Adventurers and Souldiers and other persons as do possesse the same in the doing thereof you are to observe these following directions viz. Not to restore any as an innocent Papist that at or before the Cessation which was made upon the Fifteenth day of September One thousand Six hundred Forty and three were of the Rebels party nor any who being of ful Age and sound Memory enjoyed their Estates Real or Personal in the Rebells Quarters Provided that where any Citizen or Inhabitant of the City of Cork or of the Town of Youghal or any other person or persons were not permitted to live in the English Quarters but were expelled from thence and driven into the Quarters of the Rebels that than and in such case such inhabiting in those Quarters and there receiving any benefit of their Estates shall not be construed or adjudged any bar or impeachment of their Innocence nor such as entred into the Roman-Catholick Confederacy at any time before the Articles of Peace concluded One thousand Six hundred Forty and eight nor such as at any time adhered to the Nuncioes or Clergies party or Papal power in opposition to the Kings Authority nor such as have been Excommunicated for adhering to the Kings Authority and afterwards owned their Offences for so doing and were relaxed thereupon from their Excommunication nor such who
to be ingrossed And in case Our chief Governour or Governours for the time being in Ireland shall judge it for Our Service he or they shall Order the issuing forth Commissions under Our Great Seal of that our Kingdom of Ireland for the ends and to the persons so to be nominated and appointed as aforesaid That in order to the discovering the full value of the premisses every such Adventurer Officer or Souldier or other person the confirmation of whose Estates is held forth by Our said Declaration shall within Forty dayes after publick notice by you to be given deliver in Writing under his Hand and Seal to the persons to be imployed in the respective Counties Baronies Cities and Places a particular of their Estates with the respective Names of their Tenants and the Rents they were to pay in the said year One thousand Six hundred Fifty nine and the respective Tenants to every such adventurer Souldier or other person shall also deliver to the said persons a particular of the Lands and Tenements held by them with the Names of the Land-lords and the Rent they were to pay for the said year One Thousand Six hundred Fifty Nine That if any adventurer Officer or Souldier or other persons so returning the Value and Profits of his said Estate shall fail to return the full value thereof or any part thereof that for such Offence he shall forfeit half a years Rent of the Estate so concealed one fourth part to the person discovering the same and the other three parts towards the Relief and Support of such as have suffered for Our Royal Father or Our self And for the better Discovery of the Truth in the premisses Our Chancellour of Ireland for the time being is hereby authorized and required to issue forth Commissions from time to time as occasion shall require to impower and Authorize you or such as shall be by the Chief Governour or Governours of that Our Kingdom for the time being and Our Council there nominated thereunto in the respective Counties Baronies Cities and Places as aforesaid to administer an Oath or Oaths as often as it shall be needful And You and such as shall be imployed as aforesaid shall as often as occasion shall require send for Persons Leases Papers and Records that any way tend to the Discovery of the full Value of the said Estates or any other matter or thing hereby committed to your trust and then you are to return Duplicates fairly ingrossed under your hands and Seals or the Hands and Seals of the major part of you of the aforesaid Rents and to such persons as we shall nominate to be the Receivers of the several Rents and sums of mony payable by Our said Declaration and also to Our said Vice-Treasurer and Receiver General You are also to prepare a particular of all the Forfeited Houses Lands Tenements and Hereditaments within the Counties of Wicklow Longford Leitrim and Donegal as also of the forfeited Lands Tenements and Hereditaments not already disposed of in the Province of Connought and County of Clare lying and being within a Mile of the River of Shannon or of the Sea commonly called the Mile-Line and within any Corporation in Ireland except as in Our said Declaration is excepted and by Inquest or other lawful means put a reasonable and just value on all and every the said Houses Lands Tenements and Hereditaments first deducting what shall be made appear to have been laid out by any Person on Leases or Contracts for Leases in any Corporation in building or improving Houses or in planting Orchards or Gardens all which said Improvements shall be ascertained in a moderate way either by the Surveys formerly taken of them or that shall hereafter be taken where you shall see cause to appoint the same That you do with all possible speed prepare an Accompt of the Personal Arrears of such Officers or their Assigns serving before the said Fifth day of June One Thousand Six Hundred Forty Nine and who have not received any lands or moneys in satisfaction for their Arrears before or since the said Fifth day of June One thousand Six Hundred Forty Nine as also an Estimate of the respective Securities appointed by our said Declaration for satisfying the said Arrears In Order whereunto you are to value the Houses Lands Tenements and Hereditaments at eight years purchase deducting the value of such Improvements as shall appear as aforesaid to have been made on Houses Orchards or Gardens And if by the said Estimate you shall find the said Security will not extend to satisfie twelve shillings six pence in every pound of the said arrears you are to proportion the said satisfaction according to the said Security with equality indifferencie You shall then expose all such Houses Lands Tenements and Hereditaments to sale first giving publick notice of the time place of such sale to the end that all persons concerned may give their attendance In which sale You are to make special provision that such Officer or Officers or their Assignes who shall so purchase any of the said Houses Lands Tenements or Hereditaments within any Corporation do enter Security before you grant to him or them any Certificate as is hereafter directed to satisfie such as by vertue of any Lease or Contract for Lease have built or improved any house or planted any Orchard or Garden either in money or else by granting unto such person or persons a Lease or Leases of the premisses at a Rent proportionable to the said Improvements and that if any Controversie shall happen therein the same shall be determined by You or such as the Chief Governour or Governours of that Our Kingdom for the time being and Our Council there shall appoint upon the place to hear and determine the same You are to sell all the said Houses Lands Tenements and Hereditaments publikly and at the time and place appointed to such person or persons who will give most for the same which being sold You shall forthwith enter such Sales in Books for that purpose to be prepared and provided Nevertheless that no such sale shall be good or allowed where the purchase shall not amount unto eight years purchase or upwards according to the Rates set by you on such Houses Lands Tenements and Hereditaments Deductions or Allowance being made for the improvements as aforesaid Provided alwayes that there be for every Twenty Shillings that such House Orchard or Garden-plot is worth to be let Eighteeen pence yearly reserved to Vs Our Heirs and Successours for ever And you are to return Duplicates of Our said Books to Our Vice-Treasurer and Receiver-General You are to take care that all such Officers who shall purchase any of the said Houses Lands Tenements or Hereditaments do within Fourteen dayes after the Contract or Bargain for the same deliver up unto you so many Debentures as such Purchase doth amount unto which Debentures you shall cancel and if any thing remain above the Purchase-Money
such as hereby are to receive twelve Shillings and six pence in the pound as also the arrears due before One Thousand Six Hundred Forty Nine of such who have received satisfaction for their arrears due since One Thousand Six Hundred Forty Nine and this to be done without any Priority or Distinction in an equal proportion after that you have first made up the Deficiency of those who have been satisfied in part since One Thousand Six Hundred Forty Nine but have not yet Lands set out to them to the full of that proportion which they were to have had at the time when the rest of the Lands were set out unto them and others as aforesaid We having by Our said Declaration assigned the Forfeited Houses Lands Tenements and Hereditaments not already disposed of within any Corporation in Ireland or in the Counties of Wicklow Longford Leitrim and Donegal and within a mile of the River Shannon commonly called or known by the name of Mile-Line for satisfaction of such Officers who served Our Royal Father or Our Self in Ireland before the Fifth of June One Thousand Six Hundred Forty Nine as in Our Declaration is directed In Order thereunto Our Court of Exchequer in Ireland is hereby authorized and required to put the premisses out of Charge from the Three and Twentieth of October last past without Fee or other Charge for the same And towards the carrying on the work hereby appointed and all the contingent Charges thereof the moneys received by Major William Cadowgan and others for the Rents of the Counties of Wicklow Leitrim Longford and Donegal and for the Lands in Connaught and Clare commonly known or called by the name of Mile-Line for several years last past shall be paid into the Hands of such persons as we shall as aforesaid appoint to receive the moneys payable by the Adventurers or Souldiers and the accompts thereof forthwith delivered unto you The which accompts you are hereby required to Audit and Examine All the Rents and Profits of the Houses Lands Tenements and Hereditaments by Our said Declaration appointed for Satisfaction of the said Officers before the Fifth of June One Thousand Six Hundred Forty Nine until the same be sold as is before directed shall be paid into the Hands of such persons as we shall appoint as aforesaid to collect and receive the same for the Ends and Vses above mentioned as also towards the Satisfaction of such persons as are to receive Satisfaction for their Improvements in building or repairing Houses planting Orchards or Gardens All which said moneys shall be paid by Warrant from You or any five or more of you aforesaid directed to Our said Vice-Treasurer for the Ends and Vses aforesaid Whereas several Lands have been set out for satisfaction of Money lent or publick Debts incurred for Provisions Arms and Ammunition furnished before the year One thousand Six hundred Forty four the which Lands so set out We have by Our said Declaration reserved for that purpose and to the end the persons to whom the said Lands are so set out may receive satisfaction for their said Moneys and Provisions according to the Tenor of Our said Declaration you are to compute the Money that ought to have been paid for the said Provision Arms and Ammunition together with the Interest for the same unto the time the said Lands were set out after the rate of 6. pounds per centum per annum You shall inquire of the Value of the said Lands what improvements there are made since they were set out what worth to be sold when set out at the rate of Ten years purchase and who now in possession and under what Title You shall assign so much of the said Lands so set out as according to Ten years purchase the aforesaid Money for the said provision c. with the Interest thereof as aforesaid will amount unto first deducting the Improvements made on the premisses since they were set out as aforesaid And whereas James Duke of Ormond Lord Steward of Our Household together with Sir Philip Percivall and Sir George Lane Knights and also others at the instance and request of the said Duke of Ormond became bound for certain Moneys lent and publick Debts incurred for Provision Arms and Amunition and furnished and delivered in Provisions and other Necessaries in Order to the carrying on of the War in that Our Kingdom whereby they have made themselves their Heirs Executors and Administrators lyable to Suit Hazard and Loss if not provided for and satisfaction set out for the same which in all equity ought to be done you are therefore required forthwith to set out Forfeited Lands in the Counties of Kildare and Dublin or one of them for satisfaction of the said Debts Provisions and other necessaries according to the last fore-going Rules and that in the mean time neither the said Duke of Ormond nor any other bound for the said Debts at his instance and request their Heirs Executors or Admistrators be sued molested or troubled for or concerning the same And if any of the said Lands already set or which shall be set out be restored to former Proprietors you are forthwith to assign other Lands of equal Value Worth and Purchase in lieu thereof You are likewise after the same rate of Ten years purchase to assign set out some convenient Forfeited lands unto Major George Rayden in satisfaction of Debentures for Arrears and Moneys paid by him for Provisions furnished as aforesaid and for which no satisfaction as yet hath been assigned as also to Doctor William Petty for his deficient Debentures according to the direction of Our Letter of the Second of January One thousand Six hundred and sixty Whereas there is a Rent payable to Vs out of every Acre of Land assigned or to be assigned to any Adventurer Souldier or other person as by Our Declaration appears in order to the ascertaining thereof you are to observe these following directions viz. Where there is no certain Record of the Lands assigned or set out to the Souldiers or other persons so that the Rent payable to Vs cannot be ascertained in all such cases you are to cause Proclamation to be made and Certificates to be returned of all such respective Possessions Debentures and Debts for which the said Lands were set out to them in way and manner as by Our aforesaid Instructions is directed with respect unto the Method to be observed concerning the Lands assigned unto the Adventurers wherein you are expresly to distinguish betwixt what Lands are set out for satisfaction of Arrears grown due in England from what is set out for satisfaction of Arrears grown due in Ireland you are out of the said Certificates and out of the Surveys and Books of Debentures or Books of Distributions or Subdivisions of Lands to any Office or place in Ireland forthwith to cause fair Books to be made up of all the Houses Lands Tenements and Hereditaments set out to the Adventurers Souldiers and
other persons whose Estates are confirmed by Our said Declaration together with the Rents and Profits payable unto Vs according to Our said Declaration by such Adventurers Souldiers and others And you are carefully and exactly to reduce the measure of such Lands as were set out by Plantation-measure of Twenty one Foot to the Pearch and One hundred and Sixty Pearches to the Acre to Sixteen Foot and an half to the Pearch and One hundred and Sixty Pearches to the Acre and accordingly to ascertain the Rent payable to Vs the which you are likewise to do of all the Estates we are graciously pleased to restore unto any Papist whose Estates were formerly disposed of or remained undisposed of in Our Hands Provided such Estates did not formerly pay unto Our Royal Father a greater Rent in which case the said greater Rent is to be reserved and paid to Vs for the Future which Books so made up you are to lodge as Our Court of Exchequer shall direct with some Officer of Our Revenue that the Rents may be given in Charge And that no prejudice may be to Vs or uncertainty in Our Revenue You are also to prepare Duplicates of the said Books to be kept in the Office of Our Chief Remembrancer and Treasurers Remembrancer And whereas in the Execution hereof it will be necessary to imploy several persons for the inquiry into and preparing several matters hereby committed to your Trust you are therefore hereby Authorized and Impowered from time to time to nominate and appoint such person or persons as you shall finde necessary for Our Service herein unto whom Our Chancellor for the time being for that Our Kingdom is hereby required and authorized to grant One or more Commissions under Our Great Seal of that Our Kingdom for the purposes aforesaid And whereas We have by Our said Declaration provided that Protestant Plantations shall be setled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the Lands to be setled on the Adventurers and Souldiers the same being subject to many intricacies and of universal concernment to that Our Kingdome We do therefore refer the whole consideration thereof unto Our Parliament for their Advice therein And you are hereby strictly required to take special care that the Decrees and the Estates in Lands set out in satisfaction of the same in the Province of Connaught and County of Clare to any Transplanted or Transplantable person and purchased from them or any of them by Charles Earl of Mountrath John Lord Baron of Kingstown Richard Lord Coot Baron of Coloony Carey Dillon Esq Sir George Bingham Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir James Shaen Knight Major Arthur Gore Sir George St. George Sir James Cuffe John Eyres Esquire Henry Waddington Esq Captain Robert Parks Captain Robert Morgan and Captain Owen Lloyd be confirmed unto them and every of them their Heirs and Assigns respectively they paying one full years Value of the Profits of such Estates to Vs Our Heirs and Successors in two years space in such manner and for such Vses as in Our late Declaration is offered to be contributed by the Adventurers and Souldiers and accepted by Vs and that they be not removed from any such Estates in Lands they have so purchased by virtue of such Decrees untill they be duely reprized out of other Forfeited Lands of equal Value Worth and Purchase in the said Province of Connaught or County of Clare or elsewhere as in Our said Declaration is directed for Adventurers and Souldiers Provided that this shall not be construed to confirm the Decree of any person for so much thereof as was obtained by injustice fraud irregularity or oppression in the proceedings but especially of any person who had no Right nor Title by the Rules given for making those Decrees to the Estate in compensation whereof such Decree was granted if the same shall be made appear unto you before the Five and Twentieth day of March One Thousand Six hundred Sixty and Three And in such case it is Our pleasure that any of the aforesaid persons who hath purchased Lands upon any such insufficient Decree shall or may place some other unsatisfied or reprizable Decree upon such Lands Provided also That this Clause shall not extend to confirm unto the said persons any Lands that are restorable by Our Declaration to the former Proprietors Reprizals being given in lieu thereof as in the Declaration is appointed Provided also That such Transplanted Persons who being within Rules of Reprizal have been removed from the Lands to which they have been transplanted without any Reprize therefore first given be forthwith Reprized in the first place and before all other Reprizable persons And that the Lands set out unto Sir Thomas Herbert and Benjamin Worsley Esq for their Salaries in Ireland in relation to their Imployments about the Satisfaction of the Souldiery in stating their Arrears or surveying or setting out Lands be confirmed unto them and their Heirs and Assigns severally and respectively And if the said Lands or any part thereof shall be restored to the former Proprietors That a Reprize be forthwith assigned and set out unto them their Heirs and Assignes severally and respectively in lieu thereof in like manner as is provided for such Adventurers and Souldiers as shall be removed from off their present Estates And whereas some Ambiguity or Doubt may arise under what Qualifications such persons may be comprehended who submitted unto Our Articles of Peace and inviolably observed the same yet neither attended Vs in Forreign Parts nor sued out Decrees for Lands in Connaught or County of Clare You are in order to their Settlement to proceed in the same way and method as by Our Declaration is held forth for those that submitted to Our Articles and inviolably observed the same and attended Vs in Forreign parts And for the better quieting setling and securing the several persons and their Interests for whom provision is made in Our said Declaration and Instructions and this present Act the Lord Lieutenant Lord Deputy Lords Iustices or their Chief Governour or Governours of that Our Kingdom for the time being upon Certificate signed by you or any Five or more of you as aforesaid expressing the Name or Names of such persons the quality of their Estates the number of Acres the Barony County and Province in which such Estates are and the â—ents reservable as also the Tenure and Services are hereby authorized and required upon request by the person or persons so concerned to cause effectual Letters Patents under the Great Seal of that Our Kingdome to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons aforesaid by advice of Our Learned Council in the Law for that Our Kingdom or some of them as the case shall require without expecting any further Letters or Warrants from Our Self and for so doing these Our Directions shall be
to them and every of them their sufficient Warrant and Discharge And whereas we not apprehending that we should arrive at a Settlement of Our Kingdom of Ireland so soon and with so general Satisfaction to all Interests as we have done did upon the petitions of several persons asserting their Innocence grant Our Letters for the re-possessing such Petitioners of their former Estates or any part thereof which Letters may possibly not answer to Our said Declaration and Instructions which now We look upon as the positive and fundamental Rule for the Settlement of that Our Kingdome the Chief Governour and Governours of that Our Kingdom for the time being and Our Privy Council there are therefore in executing the contents of such Our Letters to observe the same as they shall fall under Our several Rules in Our said Declaration and agreeable to the same and as in these Our Instructions are more particularly expressed and not otherwise For your pains and labour herein and for the pains and labour of such Sub-Commissioners as you shall imploy as aforesaid We do hereby authorize you to ask demand and receive from every Adventurer Souldier or other persons his or their Heirs or Assigns now in possession or to be put in possession of any Houses Lands Tenements or Hereditaments one penny for every Acre of land as admeasured assigned or set out to him or them for ascertaining their respective possessions and likewise for every one to be reprized an Estate worth Twenty Pounds per annum the sum of Ten Shillings and after the same Rate for greater or smaller Reprizes and for every Certificate for Lands to be possessed the sum of Ten Shillings and one penny in the pound for every Debenture that shall be satisfied by you and for the Clerks and Officers to be imployed by you and the contingent Charges relating thereunto that the same be paid out of the moneys that shall be received of the Rents due and payable out of the Securities appointed for the Officers before One Thousand Six Hundred Forty and Nine In the ascertaining stating and setling of any sum or sums of Money Debentures Certificates or Decrees for Arrears Adventures publick Debts Reprizes or other allowed Interests pursuant unto Our said Declaration You are to strike off and deduct all Fractions of odd Pounds Shillings and Pence and likewise in the ascertaining and setting out of the respective Proportions of Lands which shall be setled or granted in satisfaction of any of the aforesaid Interests You are to strike off and deduct all Fractions of odd Acres Roods and Pearches taking care that there be not above the one hundred part of any such sum or sums of Money or proportions of Lands respectively deducted from any one person without his own consent and that you do keep an exact and particular accompt of all the said Deductions in Money or Lands and cause the same to be satisfied as intirely as may be in such convenient proportions and in such places as the chief Governour or Governours of Our said Kingdom for the time being shall appoint which proportions are to be reserved to be disposed of unto such use or uses as We Our Heirs or Successors shall appoint The aforesaid Adventurers and Souldiers being satisfied and the Reprizes made and the several business finished as before is directed you are to deliver up your Books not before in these Instructions otherwise disposed of unto Our Auditor General of that Our Kingdome of Ireland and Duplicates of the same to Our Surveyor General in their Offices to remain as of Record In the management of which said Trust you are from time to time as the case shall require to give an accompt to Our Chief Governour or Governours for the time being and Our Council in Ireland of your Proceedings and to observe and follow such further directions as you shall from time to time receive from Vs or from them pursuant to this Act. And for the more due and impartial execution of Our said Declaration and these Instructions it is Our will and pleasure That no Commissioner or other person imployed acting in this Service shall till the Work be finished purchase by themselves or others in their behalf or to their Vse or in Trust for them or any of them any of the Lands Tenements and Hereditaments that are to be setled confirmed reprized or restored by virtue of Our said Declaration but shall before they enter upon this Trust respectively give in Lists under their Hands of such Lands Tenements and Hereditaments as they are Intituled to or possest of to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being who are to take care for the observing this instruction And you are hereby further required to Reprize John Lord Viscount Massareene and his Heirs with an Estate of like yearly Rent in the Province of Leinster to that of which he stands seized in the Barony of Dunluce in the County of Antrim and to cause Our Letters dated the Eighteenth day of December One thousand six hundred and Sixty and the Fourteenth of August One thousand Six hundred Sixty and one to be put into speedy execution for the full satisfaction of the said Lord Massareene to all intents and purposes which being done you are then to cause the said Estate whereof the said Lord Massareene is seized in the Barony aforesaid to be delivered to Daniel O Neil Groom of Our Bed-Chamber in satisfaction for an Incumbrance of a much greater value wherewith the Barony of Dunluce set out to the Adventurers stands charged for the behoof of the said Daniel O Neil And for the better satisfaction of the Lord Massareene for the Estate of Henry O Neil of Killelaugh in the County of Antrim Esq which he is also to part from You are likewise out of the Forfeited Lands in the County of Dublin to Reprize the said Lord Massareene and his Heirs with an Estate of equal value worth and purchase to that which the said Lord Massareene stands now seized of and which did formerly belong to the said Henry O Neil to hold to him the said Lord Massareene and His Heirs which being done you are then to deliver to the said Henry O Neil the Estate formerly belonging to him whereof the said Lord Massareene is seized as aforesaid as an Adventurer Nevertheless the said several Adventurers shall be subject to such Deductions as other lands according to the Rules of His Majesties Declaration and Instructions and this present Act reserving alwayes liberty and licence to the said Lord Massareene to place and be satisfied on the said deductions such sum of Money as the deductions before mentioned shall amount unto out of what shall be due to him for deficiencies Incumbrances or Arrears before the year One thousand Six hundred Forty and Nine the Arrears to be in such case and manner and at such Rates as are allowed to others before the said year One thousand Six hundred
Forty and nine and the deducted Lands upon which such Deficiencies Incumbrances or Arrears shall be so placed shall be injoyed by the said Lord Massareene and His Heirs as if they had been given out for an Original Adventure And the said Lord Massareene shall injoy the several lands wherein he shall be so as aforesaid reprized to him his Heirs subject to the like Rents Services Payments and Tenures as other Adventurers for lands within the Province where the reprize shall be given are subject unto and with the like benefit of new Reprizal in case of Restitution Removal or Incumbrance as other Adventurers are to have by this present Act. And in case the Manor Castle Town and Lands of S. Wolstownes alias Allens Court in the County of Kildare or any other the Castles Manors Towns Lands Advowsons Tenements and Hereditaments in the County of Kildare and County of Dublin or either of them formerly the Inheritance of Sir Thomas Allen Knight deceased or now belonging to the Lady Allen his Wife for term of life or years yet to come and the Remainder or Remainders thereof unto Robert Allen John Allen William Allen and James Allen some or one of them shall upon inquiry be found to be forfeited You are hereby required to cause the same to be delivered unto Our Right Trusty and Right well Beloved Cousin and Counsellour Hugh Earl of Mount-Alexander To Have and to Hold to him the said Hugh Earl of Mount-Alexander his Heirs and Assigns for ever subject nevertheless to the payment of the like Rents and Services as the Adventurers for Lands in the Province of Leinster are subject unto and with the like benefit of Reprizal in case of restitution as any Adventurers their Heirs and Assigns have or ought to have and also with benefit of Reprizal in case any Adventurer be Intituled to the same or any part thereof Provided alwayes That whensoever We shall declare under Our Great Seal of England or Ireland Our Will and Pleasure to revoke the Estate hereby granted in all or any part of the premisses that then and immediately from and after such Declaration the Estate so revoked shall cease and determine and remain subject unto the Rules and Ends of this Declaration as if this grant had not been made And whereas Sir Charles Lloyd Baronet became an Adventurer for Lands in Ireland upon the Acts passed in the Reign of Our Royal Father and afterwards according to the Rules and Method used in the late times of Vsurpation had a Lot for Nine hundred Pounds parcel of the said Adventure fallen within the Barony of Slewmargy in the Queens County and for One thousand Pounds residue of the said Adventure had an other Lot fallen unto him in the Barony of Conello in the County of Lymerick and Certificates delivered unto him accordingly Notwithstanding all which Proceedings no Possession hath ever been yet delivered unto the said Sir Charles Lloyd but the same hath been detained from him by others who have left their own Lots to enter upon his Our Will and Pleasure therefore is That you cause speedy Right to be done to the said Sir Charles Lloyd and possession to be delivered to him according to the Rules formerly used to have and to hold to him the said Sir Charles Lloyd and his Heirs under the like Rents and Tenures and with the like benefit of Reprizals as other Adventurers ought to have PRovided also and Be it further Enacted by the Authority aforesaid That all singular the Forfeited Lands Tenements Hereditaments of or within the Half Barony of Irris in the County of Mayo wherein the Harbour of Broad Haven is scituated together with all the Mines and Mineral therein and all Fishings on the Sea-Coasts of the same as also on the Loughs and Fresh Rivers thereunto in any wise belonging or appertaining be and they are hereby vested setled and continued in Your Majesty Your Heirs and Successors to be disposed of to such Vse or Vses as Your Majesty shall think fit Any thing in this Act contained to the contrary in any wise notwithstanding And You are hereby required not proceed upon the Return of any Commission of Inquiries after the value of Estates to be restored or reprized issued out before the first of March One Thousand Six Hundred Sixty and One until the Lord Lieutenant or other chief Governour or Governours of Our Kingdom of Ireland for the time being shall have issued out new Commissions of Inquiry which We do hereby authorize him or them to do And that such Commissions shall be likewise returned and after the Return of such new Commissions You are then to proceed either upon the former or later Returns as You in Your Discretions shall judge to be most expedient And We do hereby give further Power and Authority to the Lord Lieutenant or other Chief Governour or Governours of Our said Kingdom for the time being to issue or cause to be issued such other Commission of Inquiry as shall be necessary for the Information and Instruction of the Commissioners to be appointed for the Execution of the said Declaration Instructions and this Act. And be it further Enacted by the Authority aforesaid That the said Declaration Instructions and all and every Article Clause and Thing Powers and Authorities therein or thereby given or contained with and under the Proviso's Additions and Alterations in this Act mentioned and expressed be and are hereby Enacted Ratified and Confirmed And Be it further Enacted by the Authority aforesaid That notwithstanding any mention of Commissioners Names herein before made It shall and may be lawful for the Kings most Excellent Majesty His Heirs and Successors from time to time to nominate and appoint such and so many other Commissioners as His Majesty shall think fit for putting in execution His Majesties said Declaration and Instructions and this present Act which Commissioners so to be appointed from time to time and no other or so many of them as by His Majesty his Heirs and Successors shall be therein directed shall have full Power and Authority to put the said Declaration and Instructions and this present Act in execution according to the Tenour and effect thereof and to administer Oaths and further that whatsoever Act or Acts Thing or Things any Commissioners heretofore Lawfully Authorized have done or caused to be done or any other Commissioners hereafter to be appointed as aforesaid shall do or cause to be done according to and in pursuance of the said Declaration and Instructions and this present Act shall be hereby judged and declared and are hereby judged and declared to be good firm and effectual in the Law to all intents and purposes And that they and every of them shall be and are hereby ratified and confirmed to the final Settlement of every such person or persons their Heirs and Assigns according to such Decrees Sentences Orders or Iudgements as have been or shall be by the said Commissioners as aforesaid
One thousand Six hundred Forty nine in the Counties of Wicklow Longford Donnegal Leytrim the Mile-Line in Connaught and Clare and the Houses in the Cities Walled Towns and Corporations in Ireland It is Enacted and be it Enacted That all such persons and all and every the Heirs Executors Administrators and Assigns of such persons who have lent Mony or furnished any Provisions Clothes Armes or Ammunition for the Support of the Army in Ireland before the Sixteenth of September One thousand Six hundred Forty three shall be satisfied their just Debts of the aforesaid Securities And be it further Enacted That all such Persons their Heirs Executors and Administrators who have entred into Bonds or given any Security by Bills of Exchange or otherwise for the Debts afore-mentioned shall be in the mean time till Satisfaction be made and granted as aforesaid saved discharged and kept harmless and not liable to any Suit or Prosecution against them or any of them their Heirs Executors Administrators or Assignes respectively Provided alwayes and it is hereby Enacted That the Town and Lands of Ballyanin Garriduff East Ballivodicke West Ballivodicke and West Ballintobride in the Barony of Barrimore and County of Corke set out and disposed to Sir St. John Brodericke Knight in the year of Our Lord One Thousand Six Hundred Fifty Four and now in his possession shall be and are hereby vested in and settled upon the said Sir St. John Brodericke his Heirs and Assignes for ever by and under such Tenures Rents and Services as are appointed by Your Majesties said Gracious Declaration and this Act for Lands set out in the Province of Munster in Satisfaction of Arrears for Service in Ireland Provided nevertheless and it is hereby Declared and Enacted That Your Majesties Lieutenant Deputy Iustices or Iustice or other chief Governour or Governours of this Kingdom for the time being shall and may and hereby are impowred and authorized to apportion and divide from time to time the cost and charges which have been or shall be necessarily expended by the Commissioners or others in for and concerning the Execution of the said Declaration that the same shall be equally satisfied by the whole Adventurers Officers and Souldiers that have or shall have Lands for Adventures or Arrears either before One Thousand Six Hundred Forty Nine or since without any Distinction and that the Officers who served in Ireland before the Fifth of June One thousand Six Hundred Forty Nine or their Securities he not charged with more then their â—ateable Shares and due Proportion any thing herein formerly mentioned to the contrary thereof notwithstanding And whereas the Committee of Adventurers sitting at Grocers Hall London for the better management of their affairs in relation to their Adventures are necessitated in Order thereunto to endeavour the raising of a considerable sum of money of and from the said respective Adventurers as well for paying of the Debts already contracted as for the defraying the publick Charges for the better carrying on of the said Service for the future and for as much as some of the said Adventurers may prove to be refractory in paying and allowing their reasonable proportions of money towards the Charges aforesaid It being nevertheless expedient that a Service of such publick and common advantage should be equally born and paid by all persons concerned therein according to their respective Interests Be it therefore further Enacted by the Authority aforesaid That every of the said Adventurers their Heirs or Assignes whose Estates are to be confirmed pursuant to your Majesties said Gracious Declaration shall allow satisfie and pay such sum and sums of money as the said Committee or any five or more of them shall think sit and appoint for the carrying on of the said Service such sum and sums of money not exceeding Two Pence in every Twenty Shillings adventured by such Adventurer and in default of such appointment That Two Pence in every Twenty Shillings adventured by such Adventurer be raised and levied and that the same shall be paid to Erasmus Smith Esq Martin Noel of London Esq William Barker of London Esq Thomas Gower of St. Mary Woll Church of London Esq Edward Smith of St. Mary Overies Esq and Hugh Ratcliffe of St. Martins Esq or to such person or persons as they the said Committee of Adventurers sitting at Grocers Hall or any five or more of them from time to time shall direct and appoint and in default of payment thereof it shall and may be lawful to and for the persons aforesaid or any of them or such other person or persons as they shall direct or appoint to leavy by Distress and Sale of the Goods and Chattels of such persons so making default double the sum in arrears rendering the Over-plus to the party distrained And whereas Sir Francis Willoghby Knight lately deceased by the Tyranny and Oppression of the late Vsurpers was in his life time cast out of all Commands in this Kingdome and enforced to give up all his Debentures and Warrants of full pay for his Service in Ireland before the year One Thousand Six Hundred Forty Nine they assigning him only Two Thousand Acres in the County of Clare for Two Thousand Pounds in full Satisfaction of his whole arrears Be it hereby further Provided and Enacted by this present Parliament and by the Authority of the same that no less prejudice or damage whatsoever shall arise to or befall Dame Elizabeth Willoghby the Relict and sole Executrix of the said Sir Francis Willoghby for or by reason or in respect of her said Husbands necessitated accepting of the said Lands in the County of Clare in Satisfaction of all his said Debentures or Warrants of full Pay in manner as aforesaid other than the abating out of his whole arrears the aforesaid sum of Two Thousand pounds and the Issues of Profits of the said Lands and Tenements since the time of the said abatement and acceptance had and received But as to the residue of the said arrears due unto the said Sir Francis Willoghby before the Fifth of June One Thousand Six Hundred Forty Nine for his Service in Ireland the said Dame Elizabeth Willoghby and her Assigns according to Your Majesties Gracious Intentions declared by Your Letters of the Thirtieth of March One Thousand Six Hundred Sixty One in her behalf shall be admitted and accepted to have ask demand and receive as full and ample Satisfaction for the same out of the Securities by this Act set apart for satisfying the arrears of the Commissioned Officers before the Fifth of June One Thousand Six Hundred Forty Nine to all intents and purposes as if she were to that end named provided for and saved in Your Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty and as any Commissioned Officer or Officers whatsoever who served in Ireland before the year One Thousand Six Hundred Forty Nine and hath hitherto received no part of satisfaction for such his
and payable to him by the Adventurers and Souldiers to be held of his Majesty his Heirs and Successors by the tenure of Frank Almoyne or other service and tenures as the same were held before the making of this Act. And be it also Enacted by the Authority aforesaid That all and every Impropriations or Appropriate Tythes forfeited to or vested in His Majesty his Heirs and Successors by this Act or otherwise forfeited or Escheated to his Majesty in right of his Crown if there be no lease or leases thereof in being unforfeited or otherwise as soon as the unforfeited lease or leases shall be expired or otherwise determined are hereby given to the Church for ever and hereby are and for ever shall be setled and established upon the present and future Incumbents and their Successors which have or shall have actual cure of Souls in those respective Parishes wherein such Impropriations are and such Impropriate Tythes do arise and renew reserving such a proportion of them to be disposed and setled upon the Vicars and Quire-men of each Cathedral Church as an Additional provision for the increase of their Maintenance as to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being at any time before the First of January One thousand six hundred sixty four shall be thought fit and convenient They the said Incumbents and their Successors paying to His Majesty his Heirs and Successors for the same such Rents Reservations and Duties as formerly were paid for the same with such increase of Rents as by the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being with six or more of the Council shall be adjudged reasonable and convenient within the space of Two years from the passing of this Act and not after or from the expiration of the said unforfeited leases respectively Provided that neither this Act nor any thing therein contained shall extend to the disposing or altering of any Impropriate Rectories or Tythes or Rents now or lately enjoyed or possessed by or setled on the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being or which at any time hath been or now is enjoyed possessed or received by the Lords Presidents of Munster and Connaught in the right of their respective places any thing in this Act to the contrary in any wise notwithstanding And that the Lord Chief Iustice of His Majesties Court of Kings Bench the Lord Chief Baron of His Majesties Court of Exchequer and the Master of the Rolls or any other of His Majesties Officers of this Kingdome for the time being shall and may have and receive such Port-Corn of the several Rectories which formerly have been formerly paid and reserved And to the end that this present annexation of the said Rectories impropriate unto the several and respective Churches as aforesaid may not be too prejudicial unto those persons who by the Rules of this present Act might otherwise expect to be restored thereunto It is hereby further Declared and Enacted That it shall and may be lawful to for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being to allot assign and appoint unto all and every person and persons who by the Rules of this present Act shall or may be restored thereunto in case no such annexation hath been made such recompence and satisfaction out of the said respective Impropriations as to him or them shall be thought most fit and reasonable which Recompence and Satisfaction so as aforesaid to be assigned shall be by virtue of this present Act received and enjoyed accordingly And whereas by Act of Parliament held at Westminster the Third of November in the Year of Our Lord God One Thousand Six Hundred and Forty Intituled An Act c. as also by His Majesties Gracious Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty It was carefully provided amongst other things That care should be had for erecting of Churches and that maintenance for preaching Ministers should be provided In pursuance whereof Be it Enacted by the Authority aforesaid That out of every one hundred Acres of Forfeited and Escheated Lands vested in his Majesty by this â—ct which are not yet actually disposed and distributed two Acres shall be allowed and set apart for Glebe in every Parish Barony and County as shall be most contiguous and convenient for the several Parish Churches in such places situate or to be situated and that out of all Forfeited and Escheated Lands so vested as aforesaid which are already disposed distributed or assigned and by this Act confirmed to the respective Possessors their Heirs or Assigns the said respective Possessors their Heirs and Assigns shall pay so much moneys as shall be sufficient to purchase such a number of Acres of the aforesaid measure and of the same Quality within the said Parish as the land out of which the said Acres should have been taken and assigned for Glebes at that present shall be adjudged the same Rent to be reserved payable to His Majesty his Heirs and Successors and in the same manner by the respective Incumbents and their Successors enjoying the said Lands so to be assigned to them for Glebes as the said Forfeited or Escheated Lands out of which they are taken shall be and are by this Act ordained for to pay And Be it further Enacted by the Authority aforesaid That out of all Forfeited Chauntries and all Lands Tenements and Hereditaments belonging unto the said Chauntries and vested in his Majesty his Heirs and Successors by this Act that are by this present Act set out assigned or intended to be set out or assigned to any Commissioned Officers their Heirs or Assigns who served His Majesty or His Royal Father of ever blessed Memory in the late of Wars of Ireland at any time before the Fifth of June One Thousand Six Hundred Forty Nine and received no satisfaction for the same and which paid any Rent to the Church in the Years One Thousand Six Hundred and Forty and One thousand Six Hundred Forty and One there shall be paid for ever by such Officer or person his Heirs or Assigns so enjoying the said Chauntries or the Lands Tenements or Hereditaments to them belonging the Rent and all other Duties formerly upon or out of them paid or received unto the Church or in lieu and satisfaction thereof Two shillings for every pound of improved value at the Election of the Bishop of the Diocess which Rents are to be ascertained with all convenient speed by the Chief Governour or Governours of Ireland for the time being and Six of the Council or whom they shall appoint and the Rent so payable by such Officer or Person his Heirs or Assigns to the Church shall be paid to such Rectory or Vicarage that either is or shall be of the Church wherein such Chauntry was erected or otherwise to such Ministers of
the said Diocess as the Bishop thereof shall judge most convenient and such Rents payable as aforesaid are to be in lieu of all Crown-Rent and other Challenges and Acknowledgements whatsoever payable by the said Officers out of such Chauntries or Lands belonging to them And Be it Enacted by the Authority aforesaid That out of all and every the Lands Tenements and Hereditaments set in Fee Farm by the Bishop of the Diocess wherein such Lands Tenements and Hereditaments are upon which any Rent was paid unto the Church in the Years One Thousand Six Hundred and Forty or One Thousand Six Hundred Forty and One and which are Forfeited and Vested by this Act in His Majesty his Heirs and Successors and that are by this present Act set out assigned or intended to be set out and assigned unto any Commissioned Officer or Officers that served his late Majesty before the Fifth of June One Thousand Six Hundred Forty Nine as aforesaid his or their Heirs or Assigns there shall be paid for ever by such Commissioned Officer or Officers his or their Heirs or Assigns in lieu of all Crown-Rents and all other Acknowledgements whatsoever due or payable out of the said Lands the sum of Two Shillings in the Pound at the improved value to be ascertained as aforesaid of such Lands and Tenements so possessed and enjoyâ—d by him or them his or their Heirs or Assigns of which they were or shall be respectively holden And Be it further Enacted by the Authority aforesaid That out of the several houses forfeited and vested in his Majesty by this Act being in several walled Towns Cities Corporations and Burroughs in this Kingdome and by this Act are set out assigned and allotted for the satisfaction of the Commissioned Officers their Heirs and Assigns as aforesaid That all and every Archbishop and Bishop and Minister whose Houses in any of their respective Sees or Church-Livings within the said Town or Suburbs are wasted or not habitable shall have set out unto them an handsome convenient House Rent free other than the Rent payable to his Majesty which by the said Archbishop Bishop his or their Successors and by the Ministers aforesaid is hereby payable to his Majesty during the said Term at and according to the same values that shall be set upon the yearly Rent of such Houses set out and given into the possession of such Archbishop or Bishop his or their Successors as also to such Ministers as abovesaid for the space of Seven Years to begin from the day such possession is given such House or Houses to be in the most convenient place for the Ministers residence and every Archbishop or Bishop to have his own choice of the best Forfeited House and Garden within the City or Suburbs where his Cathedral is during the aforesaid time And if such Archbishop or Bishop or other Minister have no House or House-stead belonging to their Sees or Rectories lying within the said Town That then a convenient House out of the Houses aforesaid or House-stead at the Election of the Bishop or Minister shall be set out to such Archbishop Bishop or Minister his or their Successors for ever under the rent reservable to his Majesty out of such house or houses by this Act to be paid to his Majesty by such Archbishop Bishop or Minister his or their Successors for ever And also be it Ordained and Enacted by the Authority aforesaid That the Commissioners to be appointed by his Majesty for the execution of the said Declaration and Instructions and this present Act shall have full Power and Authority by Virtue of this Act and of the said Commission with the greatest indifference that may be to all persons therein concerned to do and execute all and every Act and Acts Thing and Things as may conduce to the manner of executing all and every Clause or Câ—auses contained in this Act that have express reference to the Settlement of the Interests of the Church and that all manner of Proceedings and Orders to be made by the said Commissioners in pursuance of their Commission and according to the said Declaration and Instructions and this present Act shall by Virtue of this Act be as good and effectual in the Law to all intents constructions and purposes as though the same had been particularly and distinctly mentioned or set down by Authority of this present Parliament And be it further Enacted by the Authority aforesaid That the recompence or satisfaction to be made or given by any of the Protestant Officers who served in the Irish Wars before the Fifth day of June One thousand six hundred forty nine for or in respect of any Buildings or Reparations of any Messuages or Tenements herein before appointed as a security for their respective Arrears shall not exceed a Fifth part of that sum which is the true and real value of such messuages and Tenements in case the Inheritance thereof were to be sold messuages new built from the ground onely excepted nor shall any recompence or satisfaction be made or given for or in respect of any Buildings or Reparations which have been begun since the Thirtieth day of November One thousand six hundred and sixty And it is hereby further Enacted That where choice or particular lands or houses within the said Security are or shall be appointed for satisfying Arrears of any Officers the same may be set out to them in all other things according to the Valuation and Rules given by your Majesty for setting the rest of the Security not otherwise excepting the houses and lands granted to Sir George Lane Knight And whereas there have been several Baronies reserved to reprize such Inhabitants and Natives of Cities and Walled Towns in Ireland as were excluded from their Proprieties in the said Towns or Cities some of whom may perhaps be restorable by this Act to their ancient proprieties Be it therefore Enacted by the Authority aforesaid That if any such shall be restored to their ancient proprieties that then so much of the Lands reserved in those Baronies of equal value worth and purchase to the lands and houses so to be restored to the said Inhabitants and Natives be and shall be reprized to the said Officers serving before the Fifth of June One thousand six hundred forty nine for and in lieu of what lands and houses shall be so restored back to the said former Proprietors And be it further Enacted by the Authority aforesaid That where any Burroughs Corporations or Towns being and continuing actually Incorporated in the year One thousand Six Hundred Forty One and were allotted and set out to Adventurers or Souldiers not as Burroughs Corporations or Towns Corporate but measured as part of their Land assigned them the said Burroughs Corporations and Towns Corporate respectively are hereby assigned towards the satisfying the Arrears of the said Offâ—cers before the Fifth of June One Thousand Six Hundred Forty Nine And be it hereby further Declared and Enacted by the Authority
is hereby further Enacted and Declared That it shall and may be lawful to and for all and every the Adventurers upon the said Ordinances their Heirs and Assignes to receive so much of the Over-plus of those Lands which have been allotted to them in Satisfaction of their said Adventures and shall be sufficient to satisfie and make good any Deficiencies of other Adventures any Right of Recompence or Satisfaction for Incumbrances intended to be satisfied out of the County of Kildare or any Arrears of pay before the year One Thousand Six Hundred Forty Nine due by Debentures for the aforesaid British Army to the said Adventurers their Heirs or Assigns or any of them or purchased by them or any of them and to be satisfied according to the same Rules and Rates with the other Arrears before One Thousand Six Hundred Forty Nine And be it further Enacted and Declared by the Authority aforesaid That if it shall happen that any Adventurer or the Heir or Assignee of any Adventurer shall be possessed of any Lands by Concealment false Admeasurement or by pretence of the Doubling Ordinances over and above what will satisfie the principal moneys advanced upon the said Ordinances according to Irish measure as aforesaid and shall not have any Deficiencies Incumbrances or Arrears to place thereupon or be otherwise intituled to retain the same That then and in such case the Lands to be cut off or taken away from such person or persons shall as near may be be taken away and cut off in such Parts and Proportions as lie most contiguous and so as the person or persons to be removed from such Over-plus as aforesaid may still retain and keep the benefit of his and their respective Improvements And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Commissioners to be appointed by his Majesty for the Execution of the Declaration and Instructions and this present Act to proceed in the Execution of their Commission from time to time against all and every person and persons now having or in this or in any other Parliament hereafter to be held claiming to have any Priviledge and against all and every the Lands Tenements and Hereditaments and other the premisses whatsoever hereby vested in his Majesty his Heirs and Successors or charged or chargeable with any yearly Rent or other sums or payments whatsoever to be issuing out of the same and all Rules Orders Iudgements and Decrees of the said Commissioners made in pursuance of and according to the Declaration and Instructions and this present Act and all other Process and Proceedings whatsoever for the better leavying of any Rents or sums of money charged or chargeable as aforesaid shall be obeyed and executed forthwith as fully and amply against all and every person or persons and all and every their Lands Tenements Goods and Chattels as the same ought to have been if no Parliament had been then sitting and all Officers and Ministers of Iustice and all other persons whatsoever any way aiding and assisting in the Execution thereof shall be and are hereby indemnified and saved harmless any priviledge of Parliament or other immunity or exemption to the contrary hereof in any wise notwithstanding Provided alwayes and be it further Enacted and Ordained That the several Grants and Letters Patents made unto Sir Maurice Eustace Knight Lord Chancellor of Ireland Edward Vernon Esq Michael Lord Bishop of Cork and Sir George Lane and all and singular other the Letters Patents whereby any of the premisses hereby vested have been given or granted by his Majesty unto any other person or persons Bodies Politick or Corporate under the Great Seal of England or under the Great Seal of Ireland before the Thirtieth day of November One thousand six hundred and sixty or since the 30. day of November One thousand six hundred sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual dated before the said Thirtieth day of November One thousand six hundred and sixty shall be and are hereby ratified and confirmed and shall be deemed taken to be good valid and effectual in the Law according to the tenor and purport thereof against the Kings Majesty his Heirs and Successors and against all persons Bodies Politick and Corporate whose rights are not saved by this Act any thing in this Act contained to the contrary hereof in any wise notwithstanding Nevertheless it is hereby Enacted and Declared That all and singular the Lands and Tenements given and granted or mentioned to be given and granted in and by the several Letters Patents herein before confirmed shall be and remain and continue subject to such Rents and Payments and shall be held by such tenures and services as any other lands intended to be confirmed by his Majesties gracious Declaration or Instructions or by this present Act ought to yield pay render or perform And in case any of the aforesaid Grants or Demises be made at a less Rent than such a proportion of Acres ought to pay according to this direction then a Survey being first taken an addition is to be made to the reserved Rent of so much as will equal it therewith and make it agreable to this Rule without any further prejudice to the said Grants or Demises Saving to all and every person and persons Bodies politick and Corporate their Heirs Executors Successors and Assigns other than to the Kings Majesty his Heirs and Successors and other then to such person or persons Bodies politick and Corporate who by the Qualifications in this Act expressed shall not be adjudged innocent and other then to such person or persons who shall or may claim to the use of or in trust for them or any of them and other then to John Blackwell his Heirs and Assigns and those claiming by from or under him them or any of them any Estate or Interest of in or to the Manor Town or Island of Clantraffe or any part thereof All such Estate Right Title and Interest of in or to the several Lands and Tenements in and by the said Letters Patents respectively granted or mentioned to be granted as they or any of them have or ought to have the same as fully and amply to all Intents and Purposes as if this Act had never been had nor made And Be it further Enacted That all Letters Patents whatsoever whereby any of the premisses hereby vested have been given or granted under the Great Seals of England or Ireland respectively since the Thirtieth of November One Thousand Six Hundred and Sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual Dated since the said Thirtieth day of November One Thousand Six Hundred and Sixty shall be and are hereby Ratified and Confirmed and shall be held and enjoyed in like manner and under the like Rents and Payments Tenures and Services and subject to the like Saving of Rights
and Interests as any other Letters Patents herein before mentioned to be Confirmed are subject unto Provided nevertheless That if his Majesty his Heirs or Successors or any of them shall think it fit or expedient for the better promoting of the Ends of the Declaration and Instructions and this present Act to revoke determine or make void all or any the said Letters Patents granted since the said Thirtieth day of November by vertue of any Warrants or Commands under his Majesties Signet or Sign Manual dated likewise since the said Thirtieth of November shall under the Great Seal of England or Ireland signifie or declare his or their Royal Will and Pleasure to revoke determine or make void them or any of them that then and immediately from and after such signification or Declaration of his or their Royal Will and Pleasure such and so many of the said Letters Patents as shall be therein Declared to be void shall cease and determine and become utterly void and of none effect and all and singular the Lands and Tenements in the said Letters Patents mentioned shall be again vested in his Majesty his Heirs and Successors for and to the same intent and purpose as the other lands hereby vested are vested and setled any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Declared and Enacted That where any Lands or Tenements shall be disposed of or any person or persons shall happen to be restored unto his or their Lands or Tenements by vertue of this present Act or by vertue of any Order Sentence or Decree made by the Commissioners for the execution thereof that then and in such case all and every the person and persons formerly seized or possessed of any the Lands or Tenements so as aforesaid restored or disposed of shall be and are hereby discharged and indemnified of and from all Suits Actions Prosecutions and Demands whatsoever touching or concerning the mean Rents Issues and Profits of the same this Act or any other Law Matter or Thing to the contrary notwithstanding Saving nevertheless unto all innocent persons their Heirs Executors and Assigns the Right and Title to the mean profits of their respective Lands and Tenements which have been received since the time of their several and respective Claims put in before the Commissioners heretofore appointed Provided alwayes and be it Enacted That the Forfeited Houses Lands Tenements and Hereditaments in the Town and County of Galway and elsewhere within the Province of Connaught now or late in the possession of Sir Thomas Clarges Knight or his Assigns shall remain and continue in his Majesty his Heirs and Successors to be disposed of as he or they shall think fit any thing in this Act contained to the contrary notwithstanding And be it futher Enacted by the Authority aforesaid That all and every the Adventurers their Heirs and Assigns respectively and all and every other person or persons having or claiming to have any Lands or Tenements for and towards satisfaction of moneyes adventured for Lands in Ireland or having or claiming to have as an Original Adventurer or by from or under any Adventurer his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty One full years value of the profits arising out of the lands possessed enjoyed or to be possessed or enjoyed as aforesaid to be paid at two several Payments within the space of two years by even equal payments the first payment thereof to be upon the first day of November which shall be in the year of Our Lord One thousand six hundred sixty two and the second day of payment to be upon the First day of November which shall be in the year of Our Lord one thousand six hundred sixty three And be it also Enacted by the Authority aforesaid That all and every the Souldiers their Heirs and Assigns respectively and all every other person or persons having or claiming to have any Lands or Tenements in Ireland for and towards satisfaction of any Arrears or Debentures or having or claiming to have as a Souldier or by from or under any Souldier his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty one full half years value of the profits arising out of the Lands possessed or enjoyed or to be possessed and enjoyed as aforesaid to be paid at one intire payment upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty two And if it shall happen that any Adventurer or Souldier or any other person claiming by from or under them or any of them shall make default of payment of all or any part of the said years value or half years value respectively herein before mentioned to be paid by the space of Twenty dayes after any of the said respective dayes or times wherein the same ought to be paid that then and immediately from and after such default made all and every the benefit and advantage which by vertue of this present Act doth or may accrue unto the person so making default his Heirs Executors or Assigns shall cease determine and be utterly void and of no effect and that it shall and may be lawful to proceed against such person and persons his Heirs Executors and Assigns and against his and their Lands and Tenements whereof he or they stand possessed as fully and amply as if he or they had not been comprized within this present Act any thing in this Act herein before contained to the contrary in any wise notwithstanding And to the end a due care may be had for the assessing and ascertaining the several and respective sums which ought to be paid by the Adventurers and Souldiers and those who claim by from or under them or any of them and likewise for the safe and orderly receipt collection thereof Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty at any time hereafter according to His good pleasure to issue out such other Commission and Commissions to be directed to such other persons not being any of the Commissioners for execution of the Declaration and Instructions and this present Act as his Majesty shall think fit which said other Commissioners so as aforesaid to be appointed or so many of them as in the said Commission or Commissions shall be directed shall have Power and Authority by vertue of this Act to impannel Iuries and examine Witnesses to administer Oathes to the parties concerned to cause the Lands to be viewed and surveyed and by alâ— or any of these wayes or by any other lawful way or means whatsoever to inquire into and inform themselves
of the true yearly value of all and every the Messuages Manors Lands Tenements and Hereditaments possessed by any Adventurer or Souldier or any other person claiming by from or under them any benefit by vertue of this present Act as the same were worth in the year One thousand six hundred Fifty nine and to Order and Declare the true and full yearly value of the same which Declaration and Order of the said Commissioners or of so many of them as shall be thereunto Impowered shall be entred in a Book to be kept for that purpose and a Duplicate thereof shall be returned into his Majesties Court of Exchequer there to remain as a Record and shall be and is hereby made a Charge upon all and every the Messuages Lands and Tenements therein mentioned described or referred unto and shall be sufficient to Intitle his Majesty to have and receive a years value or a halfe years value according to that rate and in such manner as is herein before limited which several and respective sums so ascertained as aforesaid shall under the Penalties herein before mentioned be paid unto the Right Honourable Roger Earl of Orrery and John Lord Viscount Massareene whom his Majesty hath appointed to be his Receivers of the same or to such other persons as his Majesty shall hereafter appoint for that purpose who shall accompt for and pay unto his Majesty in his Court of Exchequer all and every the sums of money by them received And it is hereby further Declared and Enacted that the Receivers for the time being shall observe and follow such Directions and Instructions as his Majesty hath heretofore given or at any time hereafter shall give Provided nevertheless and be it Enacted That all Lands Tenements and Hereditaments which are or shall be before the First day of May One thousand six hundred sixty and two setled or conveyed by Erasmus Smith Esq for any pious or charitable use shall be and are hereby exempted and freed from paying the years Rent or full years value of the profits herein before assessed imposed or reserved any thing in this present Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Enacted That where any Lease or Leases of any Messuages Manors Lands or Tenements whereof the next or immediate reversion or remainder doth or shall appertain to any innocent Protestant or Papist not exceeding the time and term of One and Thirty years or Three lives from the Three and Twentieth day of October One thousand Sir hundred Forty one or other sooner time of making thereof are forfeited to and vested in his Majesty It shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governors for the time being by any Dâ—ed under his or their Hands and Seals to grant the rest and residue of such lease or leases unto such innocent person or persons as are or shall be Intituled unto the next or immediate reversion or remainder which Grants shall be sufficient to Intitle the persons to whom they shall be respectively made to enjoy the said lease or leases against Vs Our Heirs and Successors and against all and every other person And be it further Enacted by the Authority aforesaid That Donnough Earl of Clancarthy and Charles Viscount Muskry his Son and both of them respectively shall be and are hereby restored unto their Blood and Honour and shall and may derive their Pedigree and Descent from their and every of their Ancestors Lineal and Collateral and shall be and are hereby restored unto and shall and may have hold possess and enjoy unto them and their Heirs respectively all and singular the Titles of Honour Dignities Honours Manors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdome of Ireland which he the said Donnough Earl of Clancarthy or the said Charles Viscount Muskry or either of them or any other person or persons in Trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the Two and Twentieth day of October One thousand six hundred forty one or at any time since according to by and under the same Tenure Rents and Services as the same were then held and by and under no other Tenure Rents or Services this present or any other Act Law Statute Ordinance Order Outlaâ—y Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other Cause Matter or Thing to the contrary notwithstanding Saving to all and every person or persons Bodies Politick and Corporate their Heirs and Successors other than to his Majesty his Heirs and Successors and those who shall or may claim by from or under his Majesty his Heirs and Successors or any of them all such Right Title or Interests which they or either of them had before the passing of this Act. And be it further Enacted That all such persons as are or shall be dispossessed of any part of his or their Estates in order to the said Earl of Clancarty and Lord Viscount Muskry's restitution who are reprizable by the rules of his Majesties Declaration shall be forthwith reprized in lands of equal worth and value Be it further Enacted by the Authority aforesaid That Sir Connel Farrel Knight for his faithful and eminent Services and constant adherence to Vs in the Parts beyond the Seas be and hereby is restored to and setled in so much of the Manors Towns and Lands of Tulickin Lackin Kiltaffery Lisanisky in the County of Longford the Towns and Lands of Rosmore and Ferry-Glass in the County of Leytrim the Towns and Lands of Loghil Ederagh Creagh Carromoare Linnen Derryartwood Ballyglaslan Mullacorny alias Mullaghwerny and Larach in the said County of Longford as were belonging to John Farrel Father to the said Sir Connel and unto him the said Sir Connel or either of them the Two and Twentieth day of October One thousand six hundred forty one or at any time since to have and to hold unto the said Sir Connel Farrel his Heirs Assigns for ever under such Rents Tenures and Services as they were formerly held And it is further Enacted by the Authority aforesaid That Cornet Robert Meredith and such others to whom the premisses were set out for Arrears be forthwith reprized for the same by other forfeited lands of equal value worth and purchase by Our Commissioners appointed or to be appointed for putting Our Gracious Declaration and Instructions in execution and that the lands so to be set and given for reprizals unto the said Cornet Robert Meredith and the others interested in the lands aforesaid be by the Authority aforesaid on the setting out thereof vested and setled in the said Robert Meredith and the rest of the said persons to be reprized and their Heirs respectively And be it further Enacted by the Authority aforesaid That Sir
or any Clause in this Act That they shall have reprizal for the same in such manner as other persons are reprizable by this Act any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted That out of the several parcels of Land of and in Cloenogrha Lackleenagh Clenefore Capprogge and Cloonederage with their members and appurtenances in the County of Longford Lands to the clear yearly value of fifty Pounds per annum be setled upon and granted unto John Ferral Esq your Majesties Servant and his Heirs to be held in Capite and by the yearly Rent of Twenty shillings a year any Grant Clause matter or Thing herein contained to the contrary notwithstanding And forasmuch as Captain John Bartlet and Captain Thomas Bartlet have been eminently serviceable in and upon the Coast of Ireland to your Majesty and your Royal Father of blessed memory Be it further enacted by the Authority aforesaid That the said John Bartlet and the Heir of the said Thomas Bartlet their Heirs and Assigns be equally satisfied and paid whatsoever is due unto them or their Heirs or Assigns for their or either of their Disbursements in the said Service before the first day of June One Thousand Six Hundred Forty Nine according to such Accompts and stating thereof as shall be allowed by the Lord Lieutenant and Council of Ireland out of the Lands Houses and other the Security appointed or set apart for Satisfaction of the Commission-Officers that served in Our Kingdom of Ireland before the said Fifth day of June One Thousand Six Hundred Forty and Nine and in such manner as they or any of them are appointed to be satisfied and paid in or by his Majesties Gracious Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty or any Act or Acts made pursuant thereunto any thing herein before mentioned to the contrary notwithstanding Provided always and Be it Enacted That this Act or any thing therein contained shall not extend or be construed to extend to any Manors Castles Towns Villages Messuages Lands Tenements or Hereditaments which are or were of Sir Andrew Aylemer of Donnada in the County of Kiidare Knight and Baronet but that he the said Sir Andrew Aylemer his Heirs and Assigns shall and may have hold and enjoy all and every such Manors Castles Towns Villages Messuages Lands Tenements and Hereditaments whereof he was so seized or possessed the two and twentieth of October One Thousand Six Hundred Forty One according to such Right and Title therein as he or they respectively then had any thing in this Act contained to the contrary thereof notwithstanding Provided always and Be it Enacted by the Authority aforesaid That this Act or any thing or matter therein contained shall not extend to any Lands Tenements or Hereditaments whereof James Lord Audley Earl of Castle-Haven was seized or possest of in this Kingdom on the Two and Twentieth of October One Thousand Six Hundred Forty One nor to prejudice or avoid any Right Title or Interest that the said Earl his Heirs or Assigns had or might have to or in any Lands Tenements or Hereditaments in this Kingdom but that the said Earl his Heirs Executors or Assigns may be are hereby restored to all and singular such Lands Tenements and Hereditaments whereof he or they were lawfully seized or possest and that all and every person or persons their Heirs Executors or Assigns that have had all or any part of such Lands Tenements or Hereditaments set out unto them are hereby immediately to be removed and that such who shall be so removed and are justly capable of Reprize be Reprized as others in like cases are to be reprized any thing in this Act to the contrary notwithstanding And Be it further Enacted by the Authority aforesaid That Colonel John Fitz-Patrick of Castle-Town in the Queens County shall be and is hereby restored in Blood and enabled to make and derive his Pedigree from any Ancestor Lineal or Collateral and shall also be restored unto and vested in the Real and Actual possession and seizin to him and his Heirs of all and every the Castles Manors Lands Tenements and Hereditaments Reversions and Remainders and Leases whereof the said Colonel John Fitz-Patrick or his Father or any other in Trust for them or either of them or to their use were at any time before the Two and Twentieth of October One thousand six hundred forty one lawfully seized or possessed any thing in this Act or otherwise notwithstanding And that all and every the persons to be removed from any of the premisses shall be forthwith reprized for the same according to the merit of his case Provided always That this Act or any thing therein contained shall not extend to prejudice his Majesties Grant under the Great Seal unto Sir George Preston Knight and his Heirs of the forfeited Mills Wares and Fishings upon the River of Shannon or upon any part thereof and upon the Sea Coast in the Province of Connaught and in the County of Leitrim but that the same shall be of such and no other force and effect than as if this Act had not been made And whereas Thomas Cooper and William Row are Purchasers of certain Lands in the Barony of Denifore in the County of Westmeath for which they paid Five thousand Pounds or thereabouts to Edward Carey late of the Middle Temple Esq who had formerly purchased the same of divers other Adventurers And the said Thomas Cooper and William Row their Heirs or Assigns being in possession upon the Seventh day of May in the year One thousand six hundred fifty and nine may happily expect according to some general words in His Majesties Declaration and those His Majesties former Instructions contained that their Estates should be made good to them as well as to any other Adventurers or their Assigns Nevertheless his Majesty being well assured that the purchase made by the said Thomas Cooper and William Row was only in trust for the Wife and Children of Archibald Hamilton then newly executed for Treason in Scotland and the moneys laid out in that purchase for the Wife and Children were given by Cromwel as a Reward of those Treasons hath thought fit to distinguish this Case from the Case of other Adventurers and their Assigns Be it therefore Enacted by the Authority aforesaid That the said Thomas Cooper and William Row be removed from the possession of the premisses and all other persons claiming by from or under them and that the same be delivered unto Thomas Pigot Esq Master of Our Court of Wards and Liveries in Ireland and unto Matthew Lock Esq To Have and to Hold to them and their Heirs subject nevertheless to the payment of the like Rents and Services as the Adventurers for Lands in the Province of Leinster are and granting to them the like Benefit of Reprizals in cases of Restitution as the Adventurers or their Assignes should have had in case they had
still enjoyed the same Provided always and Be it Enacted by the Authority of this present Parliament That one Grant or Lease made by Randal now Marquess of Antrim on or about the One and Twentieth day of November in the year of Our Lord One Thousand Six Hundred Thirty Seven of the Barony of Carey the Lordship of Bally Castle and the Island of Rachlins and all his Lands and Hereditaments within the said Barony Lordship and Island or any of them unto Alexander Mac Donnel John Moore Archibald Stewart and John Trayleman for ninety nine years from Michaelmas One Thousand Six Hundred Thirty Seven which Lease was made in Trust for payment of and Counter-Security against his Debts shall be and remain of the like effect and force in Law and no other as the same was before the making of this Act any thing in this Act before contained to the contrary notwithstanding And that the said Estate and term of years of and in the said demised premisses shall be and is hereby transferred from the aforesaid Lessees unto and vested and setled in Martin Noel Esq Thomas Carleton Citizen and Mercer of London and John Bradborne of the Middle Temple London Gentleman who shall hold and enjoy the said demised premisses from henceforth for and during such Interest as they legally have by the said Lease upon this Trust reposed in them the said Martin Noel Thomas Carleton and John Bradborne that they their Executors and Administrators shall from time to time dispose and imploy such moneys as they shall raise or receive by or out of the said Premisses for and towards the Satisfaction and Payment of all such Debts of the said Marquess as are yet unpaid and were intended by the said Lease or Ninety nine years to be secured and that all and every person and persons now seized or possessed of any part of the premisses and reprizable by the Rules of the Declaration and Instructions and this present Act shall be forthwith reprized for so much as shall be Adjudged from Them by Virtue of the said Lease Provided always and Be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Right Honourable Thomas Earl of Southampton Lord High Treasurer of England Anthony Ashley Lord Ashley Sir Orlando Bridgman Knight and Baronet Lord Chief Iustice of his Majesties Court of Common Pleas and Sir Henry Vernon To Have Hold and enjoy to them and their Heirs and Assigns all that the Castle Manor and Abby of Eniscorthy in the County of Wexford and all those Manors Townships Lands Tenements Territories and Hereditaments late parcel of the possessions of Robert Wallop commonly called or known by the name of Kilbeck Clony Turnesallough and Effernock and also all that the Priory or Rectory and Church Impropriate of Salsker in the said County of Wexford late parcel of the possessions of the said Robert Wallop with all Tythes Oblations Obventions and all other Profits whatsoever thereunto belonging and all other the Messuages Lands Tenements Tythes Rents Reversions and Hereditaments whatsoever in the Kingdom of Ireland granted or mentioned to be granted unto the said Earl of Southampton Lord Ashley Sir Orlando Bridgman and Sir Henry Vernon and their Heirs in and by certain Letters Patents bearing Date the Six and Twentieth day of September in the Thirteenth year of his Majesties Reign which said Letters Patents shall be and are hereby ratified confirmed and approved according to the Tenor and Purport thereof any thing in this present Act contained to the contrary thereof in any wise notwithstanding Provided always and Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Richard Ingoldsby Knight of the Bath to receive and take to his own use the Rents Issues and Profits of all and singular the Messuages Lands and Tenements formerly belonging to Sir Hardress Waller and now forfeited by the Attainder of the said Sir Hardress Waller for High Treason and also all and singular the Goods and Chattels formerly belonging to the said Sir Hardress Waller and now forfeited wheresoever the same shall be found in the Kingdom of Ireland until the said Sir Richard Ingoldsby shall out of the Rents and Profits or by reason of the said Goods and Chattels be fully satisfied and paid the sum of Two Thousand Pounds with the Interest thereof since the year One thousand Six hundred Fifty eight or so much thereof as remains yet unsatisfied he the said Sir Richard Ingoldsby accompting for and paying the full Overplus thereof if any shall be unto Our Sovereign Lord the King any thing in this Act before contained to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sr. George Lane Knight his Heirs and Assignes to have hold possess and quietly enjoy to the use of him the said Sir George Lane Knight his Heirs and Assigns all the Lands Tenements and Hereditaments wherein the said Sir George Lane had any Estate in Possession Reversion or Remainder on the Fifteenth day of September One thousand six hundred and fifty And also all the Castles Manors Lands Tenements and Hereditaments which he the said Sir George Lane or any other person or persons in Trust for him the said Sir George Lane or to his Vse hath or have purchased of or from Thomas Dutton Esq Son and Heir of Sir Thomas Dutton Kt. deceased and also of and from Sir John Norton of Rotherfield in the County of Southampton Baronet situate lying and being in the Counties of Longford and Leitrim containing by Estimation Two Thousand Six hundred Acres of profitable land be it more or less And also all other the Messuages Lands Tenements and Hereditaments whereof John Cook and Philip Hore lately attained for High Treason or either of them or any other person or persons to the use of or in Trust for them or either of them was or were seized or possessed on the Day they the said John and Philip respectively committed their several Treasons or at any time since and which were given and granted or mentioned to be given and granted by his Majesties Letters Patents under the Great Seal of Ireland unto the said Sir George Lane and his Heirs according to the purport and meaning of the said Letters Patents all which said Manors Castles Lands Tenements and Hereditaments are to be held and enjoyed by the said Sir George Lane his heirs and assigns with like benefit of Reprizal in case of Restitution as any Adventurers ought to have Saving to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns other then to the Kings Maiesty his Heirs and Successors and other then to the said Thomas Dutton Sir John Norton John Cook and Philip Hore or any of them or the Heirs Executors Administrators or Assigns of them or any of them and other than such person
and persons their Heirs Executors or Assigns as do or may claim to the use of or in trust for them or any of them and other than to such person and persons their Heirs Executors and Assigns who shall not be adjudged innocent according to the Qualifications of this present Act all such Estate Right Title and Interest either in Law or Equity as they or any of them had before the making of this Act any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That the Lands Tenement and Hereditaments now in the possession of George Duke of Albemarle or his Assigns which are or shall be confirmed to him his Heirs and Assigns by or in pursuance of this or any other Act of this Parliament or any other Grant from his Majesty his Heirs and Successors shall be continue and remain to him his heirs and assigns for ever to be held in free and common Soccage as of his Majesties Castle of Dublin by Fealty and the yearly Rent of Ten pounds payable at the Two most usual Feasts in the Year viz. Saint Michael the Arch-Angel and our Lady Day by Two most equal Portions at his Majesties Receipt of the Exchequer and freed and discharged from all other Rents Accompts or other Services to his Majesty his Heirs or Successors any thing in this or any other Law Statute or Ordinance to the contrary in any wise notwithstanding Provided also and be it Enacted That the Town of Mollingar in the County of Westmeath with all the houses Castles Tenements Lands and Commons thereunto belonging and forfeited to his Majesty be and they are hereby settled upon Sir Arthur Forbess Baronet and his heires for ever according to a Grant thereof passed unto him by Letters Patents under his Majesties Great Seal of Ireland bearing Date the Seven and Twentieth day of July in the Thirteenth year of his said Majesties Reign And whereas some doubt may arise upon the words of that Clause relating to the satisfaction of such Commissioned-Officers their heirs or assigns who were in Regiments Troops or Companies raised in Ireland or Transported out of England and served his late Royal Majesty of Glorious memory or his now Majesty in the Wars in Ireland at any time before the Fifth day of June One thousand six hundred forty nine whether provision be thereby made for satisfaction of the Arrears due to James Duke of Ormond Robert Earl of Leicester according to their several Commands they bore in the said Kingdom of Ireland Be it therefore Enacted by the Authority aforesaid That all and several Arrears due to the said James Duke of Ormond and Robert Earl of Leicester or either of them by or upon all or any their Entertainments or Allowances according to their Commands aforesaid be and shall be satisfied out of the lands Tenements and Hereditaments and other securities by this present Act laid out and ascertained for the satisfaction of such Officers unto the said Duke and Earl their Heirs or Assigns according to the same rate and in the same manner as such Arrears by this present Act are to be satisfied any Clause or thing in this Act to the contrary notwithstanding And for the better satisfaction of Robert Southwel of Kingsale in the Kingdom of Ireland Esq the sum of Seven hundred pounds by him heretofore furnished for the supply of Our Fleet in the year One thousand six hundred forty eight being then in the Port of Kingsale aforesaid Be it therefore Enacted by the Authority aforesaid That the Forfeited Lands late the freehold and inheritance of Philip Barrioge lying in the Liberty of Kingsale and Barony of Kinalea in the County of Cork in the said Kingdome of Ireland situate lying and being in the several Plow-lands and Places herein after mentioned One Plow-land called Rincorran One Plow-land called Raghmore and one Plow-land called Preehaus lying in the liberty of Kingsale one half of a Plow-land called Toghermeshim half a Plow-land called Currentry Leshane half a Plow-land called Knocknenaffe half a Plow-land called Ballineclashy and one quarter of a Plow-land called Ballinvallin lying and being in the Barrony of Kinelea in the County of Cork all containing by estimation One thousand Three hundred Seventy and two Acres as also parcel of the forfeited lands of James Melliphont videl One Plow-land called Southwaters land wherein is the place called Cilly and Bensons Cow containing about One hundred and Sixty Acres and lying and being in the said liberty of Kingsale be held and emoyed by the said Robert Southwel His Heirs and Assigns in satisfaction and full recompence of his said Debt to hold the same to the said Robert Southwel his Heirs and Assigns for ever subject nevertheless to the like Rents and Services and with like benefit of Reprizal in case of restitution as any adventurer ought to have and also with like benefit or reprizal in case the same be due to any Adventurer or Souldier by virtue of this Act any thing in this present Act contained to the contrary notwithstanding Provided alwayes and be it Enacted by this present Parliament and by the Authority of the same That the Lord ships of Templetown Mooretown and Mouclogh in Cowly in the Diocess of Ardmagh the Lordship of Kilsaran the Rectories of Monasterboies Desert Clougegan and the Lands and Hereditaments of Terman Feigham Doulier and Downam or by what other Name or Names they or any of them are known or called with their and every of their appurtenances shall be and are hereby settled and vested in William Legge Esq one of the Grooms of his Majesties Bed-Chamber his Executors and Assigns for the term of Ninety nine Years to be accompted from the determination of one or more lease or leases heretofore made unto Sir Thomas Plunket Lord of Lowth or to any other person or persons under such Yearly Rents and services as any Adventurers ought to pay within the Province where the premisses do lye unless the Rent formerly reserved were greater in which case the highest Rent is to be paid And whereas there was set out and assigned unto Colonel Carey Dillon certain Lands Tenements and Hereditaments within the Mile-line of Connaught and Clare in satisfaction of a small part of his Arrears due unto him for Service in Ireland before the Fifth of June One thousand six hundred forty nine and by the Declaration confirmed unto him Be it therefore hereby further Provided and Enacted by the Authority aforesaid That the said Carey Dillon his Heirs Executors Administrators and Assignes shall and may receive for the remainder of his Arrears unsatisfied for Service in Ireland before the Fifth of June One thousand six hundred forty nine farther and equal satisfaction with other the Commissioned Officers that shall or are to receive satisfaction for their respective Arrears due before the said Fifth of June One thousand six hundred forty nine by virtue of this Act any thing in this Act contained to the contrary in
Elizabeth Dutchess of Ormond or either of them or any other person or persons in Trust for him or her or to his or her use had held or enjoyed this present Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any Clause Matter or thing had made Transacted or done to the contrary notwithstanding And to the end that the said Duke and Dutchess may have hold possess and enjoy their Estate and Estates free from all Estates Taile Morgages Leases Statutes and Iudgements and other securities for moneys forfeited to his Majesty to which their Estate or Estates are or may be lyable Be it therefore further Enacted by the Authority aforesaid That all Estates Tail for life or lives or for years and all other Estates whatsoever whereof the said Duke or Dutchess of Ormond or any other person in Trust for them or either of them had the reversion or the remainder the Two and Twentieth of October in the year of Our Lord One thousand Six hundred forty and one or at any time since and which by virtue of this present Act or otherwise are become forfeited to his Majesty And all Iudgments Statutes Recognizances and all other Securities for money of any kind or nature whatsoever which may in any kind impeach charge or incumber any of the Seigniories Manors Castles Lordships Lands Tenements Reversions Remainders or other Hereditaments or Interests whatsoever of the said Duke or Dutchess of Ormond or of any other person or persons in Trust for them or either of them in the said Kingdom of Ireland which by this present Act or otherwise are become forfeited or vested in his Maiesty shall be vested settled and given and are hereby vested settled and given to the said Duke of Ormond as fully and ample and in as large ample beneficial manner to all intents and purposes and for such Estate and Estates in Fee-simple or otherwise as his Majesty by virtue of this present Act or any Clause therein contained or by any other means had or might have had held or enjoyed the same any former or other Clause or Provision in this present Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other Cause Matter or Thing had made Transacted or done to the contrary notwithstanding And to the end that the Estate and Estates of the said Duke and Dutchess may be settled in such manner as the same by the said Quadrupartite Indenture are intended to be settled Be it therefore further enacted by the Authority aforesaid That all and every Conveyance and Conveyances Settlement and Settlements Assurance and Assurances whatsoever at any time heretofore made by the said Duke and Dutchess or either of them by themselves or joyntly with any other persons Trusted on the behalf of them or any of their Children for the settling of any the Honours Seigniories Castles Lordships Manors Lands Tenements or any other of the Hereditaments in the said Quadrupartite Indenture mentioned upon the said Duke or Dutchess or either of them or upon their or any of their Children and Blood with or without Remainders to any other person or persons whatsoever shall be revoked repealed adnulled and made void and are hereby revoked repealed adnulled and made void And be it further enacted by the Authority aforesaid That all and singular the Honours Seigniories Castles Lordships Manors Lands Tenements and Hereditaments mentioned in the said Indenture Quadrupartite and intended to be granted settled or conveyed or mentioned to be thereby granted settled or conveyed shall be by the authority of this present Act vested settled and established and are hereby vested settled and established in the several respective persons and for the several and respective Estate and Estates Vse and Vses and Intents and under and subject to the same powers Limitations and Trusts as are expressed touching the same and contained in the said Quadrupartite Indenture as fully as if the said Quadrupartite Indenture were executed by Fine Common Recovery Livery of Seizin Atturnement of Tenants or by any other way or means whatsoever requisite or necessary for the doing thereof and as fully as if the said Quadrupartite Indenture had been particularly recited expressed and enacted in this Act notwithstanding the said Elizabeth Dutchess of Ormond be a Feme Covert And although there be no other execution of the said Quadrupartite Indenture then the Power and Authority of this present Act any other matter or thing whatsoever to the contrary notwithstanding Saving to all and every person and persons Bodies Politick and Corporate their Heirs and Successors othen then to his Majesty his Heirs and Successors and other then to such whose Estates are forfeited to his Majesty or are by this Act vested in his Majesty and those who claim by from or under his Majesty or them or any of them all such Right Title or Interest as they or any of them had before the passing of this Act and also saving to all and every person and persons Bodies Politick and Corporate other then the Children of the said Duke or Dutchess and such others as claim any estate or estates in Trust for them or any of their Children and such as claimes estates in Remainder in Tail or Fee-simple by vertue of any conveyance or conveyances at any time heretofore made of the said Honours Castles Lordships Manors and Lands in and by the said Quadrupartite Indenture settled or mentioned or intended to be setled all such Right Title and Interest as they or any of them had before at the passing of this Act. Provided alwayes and be it further Enacted by the Authority aforesaid That Wentworth Earl of Kildare his Heirs and Assigns shall and may have the preemption and be preferred unto the purchase of and enjoy the Forfeited Interests and Estates in and of all such Lands Tenements and Hereditaments by this present Act vested in his Majesty his Heirs and Successors and not restored to the former Proprietors as were or are held of or from George late Earl of Kildare or the said Wentworth Earl of Kildare or either of them or of their or any of their Manors or whereout Chief Rent Service or Duty was or is reserved unto the said George Earl of Kildare Wentworth Earl of Kildare or either of them as also of any other Lands Tenements or Hereditaments surrounded by or intermixt with the said Earl of Kildares Estate which he the said Earl shall desire by placing thereon such Adventures Arrears Decrees Incumbrances or other publick Debts or Interests as are confirmed and allowed by this present Act and according to the Tenor thereof are satisfiable thereupon and that the personal Arrears of George late Earl of Kildare for Service in Ireland before the Fifth day of June One Thousand Six Hundred Forty Nine be satisfied out of such Forfeited Houses Lands Tenements or Hereditaments and other Security
lyable to the Satisfaction of such Arrears in the County of Kildare and elsewhere in the Kingdom of Ireland lying most convenient unto the Estate of the said Earl of Kildare which he the said Wentworth Earl of Kildare shall make choice of all which said Satisfactions are to be made at the same Rates and Proportions and according to the same Rules as are directed by this Act in Cases of the like Nature any thing in this present Act or any clause therein contained to the contrary in any wise notwithstanding Provided always and be it further Enacted That all such Adventurers who are or shall be removed from any of the Lands Tenements and Hereditaments belonging to Theobald Purcell of Loghmoe in the County of Tipperary lately deceased shall be only reprized out of Surplusage Lands within the Security of the Adventurers any thing in this Act to the contrary thereof in any wise notwithstanding Provided alwayes That nothing in this Act contained shall prejudice the Right Title or Interest of Martin Noel or John Arthur in any the forfeited houses tenements or hereditaments in the Town of Wexford And it is hereby Enacted That such of the said Houses Tenements and Hereditaments in the said Town of Wexford as shall be found to be forfeited and already set out unto the said Martin Noel and John Arthur shall be and are hereby vested in and setled upon the said Martin Noel and John Arthur their Heirs and Assigns for ever under such Rents and according to such respective Rules as were set down in his Majesties said Declaration and Instructions Provided alwayes That this Act or any thing therein contained shall not extend to any person or persons Bodies Politick or Corporate any Manors Lands Tenements Rents Reversions Services or Hereditaments which did belong unto any Hospital Almes-house Lepers or Lazars or other charitable Vse within the said Kingdom of Ireland on the Two and Twentieth day of October in the year of our Lord One Thousand Six Hundred Forty one but that all such Manors Lands Tenements Rents Reversions and Hereditaments and every of them shall be restored setled and disposed to the respective Hospitals Almes-houses Lepers Lazars or other charitable Vse to which they or any of them did belong before the said year One Thousand Six Hundred Forty and One and that to be done by the Inspection Direction and Regulation of the Lord Lieutenant or other chief Governour Governours and Council for the time being any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it further Enacted That Arthur now Earl of Anglesey and Lord Viscount Valentia his Heirs and Assigns in his and their respective Settlements and Satisfactions pursuant to this Act shall and may enjoy the ful benefit and advantage of his Majesties respective Gracious Letters in the behalf of the said Lord Viscount Valentia under his Majesties Royal Signet Inrolled in his Majesties high Court of Chancery in Ireland so far forth as the same are consistent with his Majesties said Declaration any thing in this Act to the contrary notwithstanding Provided alwayes and be it enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend or be construed to extend to any Manors Castles Towns Villages Messuages Houses Lands Tenements or Hereditaments whereof Simon Luttrel of Luttrelstown in the County of Dublin Esq deceased or Thomas Luttrel Son of the said Simon or either of them were or was seized in Fee or Fee Tail in Vse Possession Remainder or Reversion on the Two and Twentieth day of October One thousand six hundred forty and one or whereof they or either of them or their or any of their Tenant or Tenants was or were dispossessed expulsed or removed by or under colour of any Actings of the late Vsurped Power in the Kingdome of Ireland but that the said Thomas Luttrel his Heirs and Assigns shall and may from henceforth have hold and enjoy all and singular the said Manors Castles Towns Villages Messuages Houses Lands Tenements and Hereditaments with appurtenances without and before any previous Reprizals and at the ancient Rents and Tenures any thing in this Act contained to the contrary thereof notwithstrnding Provided alwayes and be it hereby enacted That John Bellew of Castletown in the County of Lowth Esq his Heirs and Assigns shall have hold possess and enjoy all the Houses Lands Tenements Rents Services and Hereditaments whatsoever which did belong in Possession Reversion or Remainder to Sir Christopher Bellew late of Castletown aforesaid Knight Father to the said John on the Two and Twentieth of October in the year of Our Lord God One thousand six hundred forty and one in as large and ample manner as the said Sir Christopher or any other in his Right or to his Vse enjoyed the same subject nevertheless to such Charges and Incumbrances as were justly laid upon or issuing out of the said Estate before the said Two and Twentieth day of October One thousand Six hundred forty and one any Clause Proviso matter or thing in this Act whatsoever to the contrary notwithstanding Provided alwayes That John Morrish and Robert Clayton and their Heirs Executors and Assigns shall have hold and enjoy all and singular the forfeited Manors Lands Tenements and Hereditaments in the County of Wexford in Ireland whereof they or One of them stand seized or possessed in Trust for Sir John Cutler Knight and Baronet Sir Edward Heath Knight of the Bath Thomas Yate Doctor in Divinity Robert Abbot Gentleman Didier Fouchant Gentleman and Timothy Stamp Esquire and whereon or on some part whereof Iron-works and other necessary Improvements have been erected and made and which were formerly purchased or taken in Lease in the Names of any of the parties above-named from Officers Souldiers or others to whom the same were set out or allotted in satisfaction of Adventures or Arrears or did otherwise of right appertain according to the effect and purport of the several and respective Deeds of Purchase and Demise and with such benefit of Reprizal in case of restitution or incumbrance and with such other Advantages as any Adventurer or Souldier their Heirs or Assigns within the Province of Leinster ought to have any thing herein contained to the contrary notwithstanding Provided alwayes and be it further enacted That the Lands and Estate formerly set out in the County of Cork unto Hercules Huncks Esq for his Arrears due for his Service in Ireland be established on and confirmed unto Edward Adams of London Merchant his Heirs and Assigns for ever according to such Tenures Rents and Services and under such Limitations and Directions for Reprizal as are set down and expressed for any other Officer or Souldier in this present Act any thing herein to the contrary notwithstanding And whereas several of the Inhabitants and Proprietors of the City of Dublin and Town of Drogheda who constantly adhered unto the Royal Authority until the withdrawing
thereof from the Kingdome of Ireland in the year One thousand Six hundred Forty seven were since expulsed from their Habitations and Estates in the time of the Vsurped Power Be it further enacted by the Authority aforesaid That such of the Inhabitants and Proprietors of the said City and Town as constantly adhered to the Royal Authority until their respective deaths or withdrawing of the same Royal Authority from the said Kingdome in the year One thousand six hundred forty seven and did not at any time after adhere to the Papal Clergy or other the Irish Rebels in opposition to the Royal Authority and the Heirs and Widows of such of them as are dead shall be restored unto and have and enjoy as of their former estates all and every their and every of their Houses Lands Tenements and Hereditaments Freedomes and Immunities respectively in the said City of Dublin and Town of Drogheda and elsewhere any thing in this Act or in any other Act contained to the contrary or any other matter or proceedings against them or any of them at any time since the said withdrawing of the Royal Authority until his Majesties restitution notwithstanding And for the better prevention of all future Rebellions and to the end Our good Subjects of Ireland may be likewise secured against all Insurrections or Attempts for the time to come and the said Kingdome be the better planted and improved Be it further enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour and Governours and Council of Ireland for the time being from time to time and at all times hereafter during the space of Seven years to be accompted from the first of May One thousand six hundred sixty two to make and establish such Rules Orders and Directions for the better planting with Protestants the Lands by this Act vested in his Majesty and not appointed to be restored to innocent persons And for the better Regulation of Cities Walled Towns and Corporations and the electing of Magistrates and Officers there and to inflict such Penalties for the breach thereof as they in their wisdome shall think fit so as the Penalties for breach of the Rules of Plantation do not extend further then to treble the Quit-rents due for the Lands which shall be planted otherwise then those Rules shall direct the said Penalties to continue and be yearly paid to the King his Heirs and Successors till the said Rules of Plantation be performed and thenceforth the Rent by this Act reserved to be only payable and so as the Penalties for breach of the Rules to be made touching Corporations do not extend further then to the removal and disfranchizment of such persons as shall be found guilty of the breach thereof which Rules Orders and Directions so as aforesaid to be made shall be as good and effectual in Law to all intents and purposes as if the same had been established by Authority of this present Parliament and shall remain continue and abide in force for such and so long time as in the said Rules Orders and Directions shall be limited and appointed Provided nevertheless That no undisposed nor unconfirmed Lands Tenements or Hereditaments in the Province of Ulster which are or shall come unto your Majesties hands shall be set out in satisfaction of deficient Adventures but that the same may be wholly reserved and disposed of for Reprizal according to the full value worth and purchase of the same unless the forfeited Lands in other Provinces shall not be found sufficient to satisfie those deficiencies And be it further enacted by the Authority aforesaid That all and singular the Lands and Tenements in Ireland given and granted by his Majesty under his Great Seal of England or Ireland and any way ratified confirmed or approved by this present Act shall stand charged and be chargeable with a years Rent or a year and a halfs Rent and such like other Quit-rents and annual Payments wherewith any the Lands of Adventurers or Souldiers stand respectively charged to be raised levied and paid in like manner as other the like Rents and Payments by this Act before mentioned are appointed Provided alwayes That where any greater Rent is reserved upon any such Grants and Letters Patents as aforesaid than the Quit-rents reserved by this Act would amount unto that then and in such case the Rent reserved by the said Letters Patents shall be duely answered and paid and no other Quit-rents any thing before contained to the contrary notwithstanding Saving to his Majesty his Heirs and Successors all and singular the Estate Right Title and Interest of in and to any Honours Manors Castles Lands and Tenements which his Majesties Royal Father had upon the Two and Twentieth day of October One thousand six hundred Forty and one in Right of his Crown of Ireland and which were then or at any time within ten years before in charge in his Majesties Court of Exchequer otherwise then by any Inquisition of Lands in Connaught found and returned in the time of the Earl of Straffords Government and which have not since been granted or disposed by his Majesty or his Royal Father by Letters Patents under the Great Seal of England or Ireland and other then such Rights and Titles as in and by a certain Act of Parliament pasted in England Intituled An Act of Free and General Pardon Indemnity and Oblivion are mentioned or intended to be barred or extinguisht any thing in this Act contained to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid That Theobald Earl of Garlingford and Thomas Lord Viscount Dillon shall be and are hereby restored unto and vested in all and singular the messuages manors lands tenements and hereditaments respectively whereof they or either of them or any other person or persons to the use of or in trust for them or either of them were seized or possessed upon the Two and Twentieth day of October One thousand Six hundred Forty one or at any time since and that such persons and their heirs and assigns to whom any of the lands belonging to the said Earl of Carlingford and Lord Viscount Dillon or either of them have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first Lands that shall come unto his Majesty in the Province of Connaught or County of Clare either by the restoring of any persons to their Estates who weâ—e formerly transplanted or otherwise any thing in this Act contained to the contrary notwithstanding Provided Nevertheless and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to settle upon or give or be construed to settle upon or give unto all or any of the said Adventurers any benefit part or portion of such sum or sums of money as have been forfeited by any Adventurer or Adventurers by
reason he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them according to the Tenor of the said respective Acts of Decimo Septimo and Decimo Octavo Caroli But that all such forfeited Subscriptions be and they are here by vested and settled in your Majesty your Heirs and Successors and be set out and satisfied according unto the respective Rates in the said Acts mentioned within the aforesaid Security set apart or designed for Satisfaction of the Adventurers immediately after the other Adventurers who have duely paid in the respective sums by them subscribed in pursuance of the said Acts are satisfied and that the same be granted and disposed of by your Majesty unto such uses and in such manner as your Majesty shall think fit any thing in this or any other Act to the contrary notwithstanding And be it further Enacted That those Adventurers and Souldiers their Heirs or Assigns whose Adventures or Lots were set out of the Lands of James Duke of Ormond and have been since removed from the same and have had by his Majesties Commissioners for Executing his Gracious Declaration other Lands set out ordered or appointed in the County of Catherlogh towards their Reprizal and Satisfaction be and are hereby confirmed in so much of the said lands in their respective Orders named as shall be equal in value worth and purchase with those from which they have been removed as aforesaid and shall hold and enjoy the same to them their heirs and assigns for ever which said lands shall be immediately put out of charge in his Majesties Court of Exchequer in Ireland reserving the chief Rents according to his Majesties Declaration any thing in this present Act contained or otherwise to the contrary thereof in any wise notwithstanding Whereas Lands in the County of Lowth have been appointed by the Lords Iustices of Ireland to Erasmus Smith Esq towards satisfaction of his Adventures for Lands in Ireland and the possession thereof ordered accordingly Be it Enacted That the Lands so ordered and appointed be setled confirmed and established to and upon him the said Erasmus Smith his Heirs and Assigns with all Advantages and Priviledges allowed by this Act to Adventurers any thing in this Act contamed to the contrary notwithstanding Provided nevertheless that if any of the said Lands be restored pursuant to the Rules of this Act or otherwise to any person restorable the said Erasmus Smith his Heirs and Assigns shall be first reprized for such Lands so restored by other Lands in the said County of Lowth and for want thereof by other forfeited lands in some other convenient place of equal value worth and purchase Provided that by colour hereof no more lands be setled and confirmed to the said Erasmus Smith his Heirs and Assigns then according to the Rates for satisfying of Adventurers Provided alwayes and it is hereby further Enacted That nothing in this Act contained shall extend to vest in his Majesty his Heirs or Successors any the Honours Castles Messuages Manors Lands Tenements and Hereditaments whereof Oliver Cromwel deceased Henry Ireton deceased John Jones deceased Daniel Axtel deceased Gregory Clement deceased Isaac Ewer deceased John Bradshaw deceased Thomas Andrews deceased Thomas Hamond deceased Sir Hardress Waller John Hewson Miles Corbet Thomas Wogan Edmond Ludlow Edward Dendy John Lisle William late Lord Mounson Cornelius Holland Henry Smith Owen Row Edmond Harvy Nicholas Love Edward Whaley Thomas Pride deceased William Say Valentine Walton John Berkstead Sir Michael Livesey John Okey William Gouffe Thomas Challinor William Cawley John Dixwel Andrew Braughton Thomas Harrison Adrian Scroop John Carew Thomas Scot Hugh Peters Francis Hacker Isaac Pennington Henry Martin Gilbert Millington Robert Tichburn Robert Lilborn John Downs Vincent Potter Augustine Garland George Fleetwood Simon Mayne James Temple Peter Temple Thomas Wait Sir John Danvers John Blackston Sir William Constable Richard Dean Francis Allyn deceased Peregrine Pelham John Aldred alias Alured Humphrey Edwards John Vynn Anthony Stapely Thomas Horton John Frey James Challiner Sir Henry Mildmay Sir James Harrington John Phelps or any of them were at any time heretofore seized or possessed in their own Right or any other in Trust for them or to their use or which at any time heretofore were given and granted alloted assigned distributed disposed or conveyed to them or any of them or any other in Trust for them or any of them or to any other person or persons claiming by from or under them or any of them in satisfaction of any Adventures or Arrears due unto them or any of them or for any other Recompence or Reward whatsoever but the same and every of them other than the Lands and Tenements given and granted unto Michael Lord Bishop of Cork and other than the Lands and Tenements hereafter disposed to Francis Lord Anger shall be and are hereby vested and setled in and upon his Royal Highness James Duke of York and Albain Earl of Ulster c. to have and hold to his said Highness his Heirs and Assigns freed exempted and discharged so long as the same remain in the possession of his Highness or his Heirs of and to from any new or increased Rent Services and Payments in and by this Act assessed imposed and reserved but with like benefit and advantage of Reprizal in case of restitution as any Adventurer or Souldier by virtue of this present Act may or ought to have and also with further and other benefit of Reprizal for so much of the premisses as by virtue of the Declaration and Instructions or this present Act shall be held or enjoyed by any Adventurer or Souldier And if his Royal Highness or his Heirs shall grant or alien all or any the lands or premisses herein before mentioned otherwise than by lease or leases for lives or years upon which the full moyety of the improved Rent shall be reserved then so much as shall be aliened or granted shall be subject to and charged with such Tenures Rents Services and other Payments as other Lands by this Act ought to be subject to and charged with Provided and it is Enacted by the Authority aforesaid That all such forfeited Lands Tenements and Hereditaments with their appurtenances and all and every the Estate Right Title and Interest therein which were heretofore set out in the said Kingdome of Ireland to John Lord Kingston Baron of Kingston or to Sir Robert King his late Father deceased or which were purchased by them or either of them from any Adventurers Souldiers Transplanted or Transplantable persons their Heirs and Assigns and set out unto or possessed by them or any of them on the Seventh day of May One thousand six hundred Fifty nine shall be and are hereby ratified and confirmed unto the said Lord Kingston his Heirs and Assigns lyable to such Rules and Directions as are hereby prescribed for restoring of Lands to former proprietors Provided and it is declared That such part
of the Lands aforesaid as were set out upon the Ordinance commonly called The Doubling Ordinance over and above the money paid thereon are not intended to be hereby confirmed to the said John Lord Kingston and his Heirs without delivering up or discharging such Receipts or Certificates of deficient Adventurers or such part of his own his late Fathers Arrears or other Debentures for Service in Ireland before the Fifth day of June One thousand six hundred forty and nine provided for by this Act as shall amount unto the value or sum for which such proportion of Lands were or are to be set out to Adventurers in the Province of Leinster but that upon delivering up or discharging such Certificates Receipts or Debentures amounting to such sum or value the said Lands and every part thereof are hereby ratified and confirmed as aforesaid and shall stand remain and be unto the said Lord Kingston his Heirs and Assigns for ever And be it further Enacted by the Authority aforesaid That for all such Lands and Tenements claimed by the said Lord Kingston set out to or possessed by Adventurers Souldiers Transplanted or Transplantable persons their Heirs or Assigns on the said Seventh day of May One thousand six hundred fifty and nine whereof George Lord Baron of Strabane Sir Henry Talbot Sir William Dungan and Thomas Harman Esq or any other former or other proprietor is are or shall be possessed or restored unto he the said Lord Kingston his Heirs and Assigns shall be speedily and effectually reprized for the same out of such Lands and Hereditaments of the like yearly Rents and Profits in the Counties of Dublin Cork and Kildare or some of them as the said lands so possessed restored or to be restored are now worth to be letten any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That nothing in this Act contained shall extend to vest in his Majesty his Heirs and Successors the forfeited Lands Tenements and Hereditaments in the Counties of Westmeath and the Kings County whereof Sir Hardress Waller Isaac Ewer or any of them or any other person or persons in Trust for them or any of them or claiming by from or under them or any of them were on the Seventh of May One thousand six hundred Fifty nine seized or possessed but that the same and every of them shall be and are hereby vested in Francis Lord Angier and his heirs subject to the like Tenures Rents Services and Payments as any Adventurers within that Province wherein the Forfeited Lands hereby granted do lie are subject unto and with like benefit of Reprizal in case of Restitution or Incumbrance as any Adventurer ought to have any thing herein contained to the contrary in any wise notwithstanding Provided also and be it Enacted That all and every sum and sums of money due unto John Lord Kingston Richard Lord Baron of Coloony Sir Theophilus Jones Sir Oliver St. George Sir John Cole and Chidley Coote Esq for their respective Arrears for Service in Ireland before the Fifth of June One thousand six hundred forty nine shall be stated and satisfied unto them their Executors or Assigns respectively out of the Security in this Act appointed for satisfying Arrears before One thousand six hundred forty nine in the same manner and by the same Rules and Rates as before in this Act is provided for such as have Arrears due to them before One thousand six hundred forty nine and received no satisfaction for any Arrears since that time although the said persons or any of them have received Lands for Arrears since the said Fifth of June One thousand six hundred forty nine any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That Sir Paul Davys Knight shall have hold and enjoy to him and his heirs and assigns for ever all and every the Towns and Lands of Londonstown formerly belonging to William Fitz-gerrald attainted Barretstown formerly belonging to Christopher Eustace attainted Johnstown formerly belonging to James Flatsburry attainted and Palmerstown formerly belonging to the said James Flatsburry all situate lying and being in the County of Kildare with their and every of their Members and Appurtenances whereof the said late Proprietors respectively were seized or any other persons were seized for their uses or in trust for them respectively on the days of their respective Attaintures or at any time since the said Sir Paul Davys his heirs and assigns yielding and paying therefore yearly to Your Majesty your Heirs and Successors such and the like Rents as are appointed to be paid by Adventurers for Lands in the Province of Leinster by the Act made in the Parliament begun at Westminster on the third day of November One thousand six hundred and forty Intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due Obedience to his Majesty and the Crown of England unless the Rents formerly reserved on the premisses to the Crown on the Three and Twentieth of October One thousand six hundred forty one did exceed that Rent in which case the Rent to be the same it was on the Three and Twentieth of October One thousand six hundred forty one and the premisses to be held of your Majesty Your Heirs and Successors by the same Tenure which by the said Act is appointed for Adventurers for Lands in Ireland any thing in this Act contained to the contrary or any other Act matter or thing whatsoever to the contrary notwithstanding Whereas several Officers in Munster who ingaged themselves in his Majesties Army in the Kingdom of Ireland under the Command of his Excellency the Lord Duke of Ormond in the year One thousand six hundred forty eight were afterwards instrumental in the betraying of several considerable Towns and Garisons into the Vsurpers hands or his Forces Be it therefore Enacted by the Authority aforesaid That all such Betrayers and their actual Assistants the Heirs Executors Administrators or Assigns of them or any of them shall be wholly excluded from any benefit from this Act of Parliament as to their enjoyment of any lands for their Arrears before June One thousand six hundred forty nine or any part of them other than such who within twenty four moneths after the date of this Act shall make it appear to the Lord Lieutenant of that Kingdom or the Chief Governour or Governours thereof with six of the Council that they made some repair for their former faults by their timely and seasonable appearance for Our Restitution in the year One thousand six hundred and sixty And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall forthwith set out or cause to be set so much of the Forfeited Lands as do amount unto the clear yearly value of three hundred pounds per annum and are nearest adjacent and
lie most contiguous unto the Fort of Duncannon which lands so as aforesaid to be set out shall be reserved unto his Majesty his Heirs and Successors to the intent that the Rents Issues and Profits thereof may for ever be imployed for and towards the better support and maintenance of the Fort aforesaid and all and every the Adventurers and Souldiers and other reprizable persons to whom any of the said Lands so as aforesaid to be set out have been heretofore allotted or disposed shall be forthwith reprized out of some other forfeited lands of an Estate of equal value worth and purchase any thing herein before contained to the contrary notwithstanding Provided alwayes and be it further Enacted That all and singular the forfeited Messuages Manors Lands Tenements and Hereditaments whereof Henry Jones Lord Bishop of Meath or any other person or persons in Trust for him or to his Vse were seized or possessed on or before the Nine and Twentieth day of May One thousand six hundred and sixty shall be and are hereby vested and setled in and confirmed unto the said Henry Lord Bishop of Meath in his natural capacity and shall be held and enjoyed by him the said Henry Lord Bishop of Meath and his Heirs subject to the like Rents Tenures and Payments as any Adventurer for lands in the Province of Leinster ought to be and in case any of the forfeited lands hereby vested in the said Lord Bishop of Meath did heretofore belong to any restorable person other than innocent persons that then and in such case no restitution shall be made until the said Henry Lord Bishop of Meath be first reprized with an estate in value worth and purchase equal to that which ought to be restored any thing in this Act to the contrary notwithstanding Provided alwayes and be it Enacted and Declared by the Authority aforesaid That nothing in this Act contained shall extend to the disposal of any lands tenements or hereditaments whereof the Provost Fellows and Scholars of the holy and individed Trinity near Dublin of the Foundation of Queen Elizabeth were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession but that the said lands tenements and hereditaments together with the Right Title and Interest of all and every person and persons to any of the said lands tenements and hereditaments which they held by virtue of any Grant Lease or Fee-farm from the Provost Fellows and Scholars of the said Colledge and which is forfeited to his Majesty by the late Rebellion shall remain and are hereby granted and confirmed to the said Provost Fellows and Scholars and their Successors for ever paying for the same such Rents as Adventurers ought to pay for lands within the Provinces where the lands hereby granted and confirmed lye any thing in this Act contained to the contrary thereof in any wise notwithstanding And whereas there are Fees claimed to be due to Sir Audley Mervyn Knight Speaker of the House of Commons Sir George Lane Knight Clerk of the House of Lords Philip Fernly Esq Clerk of the Houss of Commons and other Attendants on either of the said Houses out of every Bill past in Parliament wherein or whereby any person or persons Bodies Politick or Corporate receive any Grant of or restitution to any forfeited lands tenements or hereditaments to them or any of them their Heirs and Successors being particularly Named or included in the said Bill Be it therefore Enacted by the Authority aforesaid That the ascertaining the respective Fees payable by the said persons Bodies Politick and Corporate not particularly named by this Act though included therein both as to the sum and sums and the way time manner and paying thereof be and is hereby left to the consideration of the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being after Advice therein had with both Houses of Parliament there and what Order or Orders shall be by them after such Advice resolved upon and recorded in the High Court of Chancery shall be as good effectual and binding to all intents and purposes for the demanding Levying and Payment of the said Fees to the persons aforesaid their and every of their Executors and Assigns as if the said Order or Orders were particularly and distinctly set down and expressed in this present Act. Provided also that any thing in this Act contained shall not avoid the grant of a Remainder of a term of years in certain Lands Tenements and Hereditaments lying in the Parish of Finglasse and County of Dublin forfeited by William Hewlet and passed by Letters Patents under the Great Seal of this Kingdome to Sir Timothy Terril Knight but the same are hereby confirmed for and during the term aforesaid to the said Sir Timothy Terril his Executors Administrators and Assigns Provided also and be it further Enacted by the Authority aforesaid That neither this Act nor the Act enabling Ecclesiastical persons to make Leases for Sixty years for the encouragement of Planters nor any matter or thing contained in either of them shall prejudice the Right Title or Interest of Richard Earl of Cork or of Michael Lord Bishop of Cork in or unto the Town and Lands of Ballymulcask in the County of Cork but that the same may continue and be in such state and no other as if the said Acts or either of them had never been made any thing in this Act or the said other Act notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid that Randal now Marquess of Antrim shall be restored to all and singular the Manors Lands Tenements and Hereditaments whereof he or any other in Trust for him stood seized or possessed upon the Three and Twentieth day of October in the year of Our Lord One thousand Six hundred forty one in such manner and form and according to such order and method and no other as the Lord Viscount Nettervil and the Lord Viscount Galmoy and the rest with them in the Declaration herein before mentioned ought by virtue of the said Declaration and this present Act to be restored to their respective Estates any thing herein contained to the contrary in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the sum of Eight thousand Pounds Sterling shall be fully satisfied and paid at such times and in such way as your Majesty or your Successors shall appoint or direct unto Sir James Shane Knight his Executors Administrators or Assigns for and in recompence of his Estate in the half Barony of Irris which by this Act is absolutely vested and continued in your Majesty your Heirs and Successors and that in the mean time until the same be fully satisfied Arthur Earl of Anglesey you Majesties Vice-Treasurer and Receiver General or any other Vice-Treasurer or Receiver General of this Kingdome that hereafter shall be and is hereby Authorized and required
from time to time out of the acâ—ruing Rents Issues Fines and Profits which shall come into the Receipt of your Majesties Exchequer for or by reason of the licencing or permitting the Sale of Wine Aqua-vitae or Strong-waters or any of them by Retail in this Kingdome pay or cause to be paid without further delay Order or Directions unto the said Sir James Shane his Executors Administrators or Assigns half yearly every Michaelmas and Easter the currant Interest of the said Eight thousand Pounds or so much thereof as shall remain unsatisfied the first payment of the said Interest money to be made at Michaelmas One thousand six hundred sixty two and that the said Sir James Shane his Heirs and Assigns shall have and enjoy the full benefit and advantage and effect of your Majesties Gracious Letters under your Royal Signet bearing date the Twenty fifth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto him his heirs and assigns in satisfaction of Adventures and other Interests according to the Rules of the said Declaration so far forth as the Lord Lieutenant or other chief Governour or Governours of this Kingdome for the time being shall judge the several matters and things therein contained to be consistent with your Majesties said Declaration excepting only what relates unto his said Estate in Irris any clause proviso sentence matter or thing whatsoever in this Act contained in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being by and with the consent of the Privy Council shall have full power and authority out of the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by virtue thereof to settle such a yearly allowance for ever not exceeding one Thousand Pounds Per Annum for the founding erecting and endowing of Hospitals and Work-houses for Souldiers maimed or wounded in the Service of Ireland and in case of deficiency of such persons then towards other publick and pious Vses in such manner and in such places as they shall think most equal and fit Provided also That whereas such Papists as by special Grace are restorable unto their Estates by this Act ought in some measure to manifest their gratitude unto Your Majesty for the Happiness and advantage which they enjoy by Your Majesties wonderful Restauration and thereby the better enable your Majesty to restore or satisfie divers persons who have suffered much in Your Majesties Service and for want of Reprizals may not be restored to their Estates Be it Enacted by the Authority aforesaid that it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being to charge for the use of Your Majesty the Estates of the persons so restorable not exceeding the proportions following viz. All Papists who took no lands in Connaught one half years value and such as took lands in Connaught one years value of the Estates unto which they are or shall respectively be restored what they shall be so charged with to be paid in the same manner and proportion as the respective sums payable by the Adventurers or Souldiers are made payable by this Act and that the same shall be paid unto the Receipt of his Majesties Exchequer to be disposed of for satisfying the said unrestored persons or for the buying and purchasing of Reprizes Adventures Arrears Incumbrances or other allowed Interest confirmed by this Act from such person or persons as shall be willing to sell their respective Rights thereunto whereby the Lands designed for Reprizals may the better hold out to answer the ends of Your Majesties said Declaration any thing in this Act notwithstanding Provided also and be it further Enacted by the Authority aforesaid That in case Reprizals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof cannot or shall not obtain or receive the full Benefit intended them then it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being and they are hereby authorized to order appoint and make distribution amongst them of the Satisfaction or Restitution allotted them in such proportions and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned nevertheless according to the Rules and Directions of the Declaration concerning them in all other points and particularly in that of previous Reprize or Reprizals which Order and Appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the Execution of this Act any thing therein contained to the contrary in any wise notwithstanding Provided always and be it hereby further Enacted That all such Castles Manors Lands Tenements and Hereditaments in the County of Sligo as have been purchased by Sir Philip Percivall Knight deceased or any other person or persons in trust for Thomas late Earl of Strafford and Sir George Ratcliffe Knight deceased or either of them and their Heirs or the Heirs of either of them and whereof they or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed at any time before the Three and Twentieth day of October One thousand Six hundred Forty one shall be and are hereby vested in his Majesty his Heirs and Successors and so remain and continue until the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Council there shall upon hearing of the said Purchasers their Heirs or Assigns and the Heirs and Assigns of the said late Earl of Strafford Sir George Ratcliffe and also upon hearing of the persons their heirs or assigns who sold the premisses or any part thereof declare and adjudge whether the same do belong to Sir Philip Percivall his heirs or assigns in trust for William Earl of Strafford and Thomas Ratcliffe or either of them or to any other person or persons his or their heirs or assigns of whom the same are pretended to be purchased as aforesaid which Declaration and Iudgement shall be as good and effectual in Law to all Intents and Purposes on behalf of the person or persons for whom the same shall be made as if the same had been particularly Enacted by these presents any Distribution or Allotment thereof during the late times of Vsurpation to any Adventurer or Souldier any defect of Conveyance or Assurance to the said Sir Philip Percivall or other the Trustees of the late Earl of Strafford and Sir George Ratcliffe any Right or Title in his Majesty by virtue of the Office or
Inquisition in the time of his Royal Father for vesting Land in the Province of Connaught or any other matter or thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That Maurice Keating Esq Son and Heir of Edmond Keating of Norraughmore in the County of Kildare Esq shall and may have hold and enjoy to him and his heirs all and every the Manors Towns Villages Lands Tenements and Hereditaments in the Kings County purchased by or in trust for his said Father before the three and twentieth day of October One thousand Six hundred Forty one from John Carrol Esq if the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council thereupon hearing the parties concerned shall think fit to adjudge the same accordingly any thing in this Act or in any other Act contained to the contrary thereof notwithstanding Provided always and be it further Enacted That Theobald Lord Viscount Taaff Earl of Carlingford shall have hold possess and enjoy to him and his Heirs all those the Lands Manors Tenements and Hereditaments in the County of Lowth whereof the said Theobald upon the first day of August in the year One thousand six hundred sixty one was possessed or were set out assigned or granted to the said Theobald by way of Custodium or otherwise in Order to a further Settlement thereof to and on the said Theobald and his heirs for and in lieu of the Estate of Coloony in the County of Sligo and also that the said Theobald shall have and enjoy to him and his heirs the Manors Lands Tenements and Hereditaments whereof Christopher Taaff of Bragganstown and Theophilus Taaff of Cookestown or either of them or any of their Ancestors or any other person or persons to their use or in trust for them or any of them stood seized or possessed upon the two and twentieth day of October One thousand six hundred forty one all and singular which premisses the said Theobald Lord Viscount Taaff Earl of Carlingford shall hold to him and his heirs at and under the same or like Tenures Rents and Services as the Officers and Souldiers by this Act are to hold any thing in this Act contained to the contrary notwithstanding And whereas Your Majesty by your Letters Patents under Your Great Seal of England bearing date the eight day of April in the year of our Lord One thousand six hundred sixty two and in the Fourteenth year of Your Majesties Reign was graciously pleased to grant to Richard Earl of Clanrickard and his Heirs the Honours Castles Lordships Seigniories Abbeys abbey-Abbey-lands and Impropriate Tythes Lands Tenements and other Hereditaments to the uses and in such manner as is therein mentioned Provided therefore That this Act or any thing therein contained shall not extend to or be construed to extend to vest in Your Majesty Your Heirs or Successors any Honours Castles Manors Lordships Seigniories Abbeys abbey-Abbey-Lands Impropriate Tythes or other Lands Tenements or Hereditaments whatsoever which are granted or intended or mentioned to be granted by the said Letters Patents any thing in this Act contained to the contrary notwithstanding And be it Enacted by the Authority aforesaid That all and singular the Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes Lands Tenements and other Hereditaments whatsoever which are granted or intended or mentioned to be granted in or by the said Letters Patents shall be immediately without any previous Reprizal or other Incumbrance whatsoever vested setled and established and are hereby vested setled established in the said Richard Earl of Clanrickard his heirs to and for the uses intents purposes in such manner as is expressed set forth in by the said letters Patents to no other use intent or purpose or in any other manner whatsoever that the said Richard Earl of Clanrickard and his Heirs shall and may have hold occupy and enjoy the same to the Vses Intents and Purposes and by and under the Rents and Services in and by the said Letters Patents mentioned and reserved and by no other Rents or Services any thing in this Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or any cause matter or thing had made transacted or done to the contrary notwithstanding Saving to all manner of persons Bodies Politick and Corporate other then Your Majesty your Heirs and Successors and such as shall or may claim from by or under Your Majesty and other then such whose Estate would have vested or been in Your Majesty by the general scope words or intent of this Act if the above-Proviso were not had made inserted or mentioned in this Act and other then such who had held or were possessed of any of the Lands Tenements or Hereditaments by the said Letters Patents granted by or under any defeazable Right Title or Estate and other then such as shall or may pretend or claim any Right or Title thereunto in prejudice of any the Vses limited in and by the said Letters Patents by descent or by virtue of any Estate or Remainder in Tail from any the late Earls of Clanrickard all and every the Right Title Estate and Interest Nevertheless it is hereby declared and enacted That such persons their Heirs and Assigns to whom any of the lands belonging to the said Earl of Clanrickard have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first lands that shall come unto his Majesty in the Province of Connaught and County of Clare either by restoring of any persons to their Estates who were formerly Transplanted or otherwise any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid that the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being by and with the consent of the Privy-Council shall have full power and Authority to erect another College to be of the Vniversity of Dublin to be called by the Name of The Kings College out of all and every the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by vertue thereof to raise a yearly allowance for ever not exceeding Two thousand Pounds per annum by an equal charge upon every One thousand Acres or lesser quantities proportionably and therewith to endow the said College which said College so as aforesaid to be erected shall be setled regulated and governed by such Laws Statutes Ordinances and Constitutions as his Majesty his Heirs or Successors shall under his or their Great Seal of England or Ireland declare or appoint Provided nevertheless and be it Enacted by the Authority aforesaid That Robert Boyl Esq his Executors Administrators and Assignes shall and may for and during the term of Thirty one years have hold and enjoy all and singular the impropriations