or thing in this or the said former Act contained to the contrary notwithstanding Whereas by a Decree of the late Court of Claims Patrick Coleclough was restored to an Estate in the County of Wexford in Remainder after the death of Dudley his Father part of which was by a clause in the said former Act vested in Robert Clayton John Morris in trust for Sir John Cutler and others in the said Act mentioned had before that time been purchased from Souldiers or other reprizable persons in order to the erecting of Iron workes which have since accordingly been erected and are of publicque benefit to this Nation the increase of His Majesties revenue if the said Decrees should remain in full force the said advantages might be lost for the preservation thereof It is therefore Enacted be it enacted by this Parliament that the said John Morris Robert Clayton shall may have hold enjoy such part of the lands contained in the said Patrick Colcloughs Decree as they were formerly seized of against the said Patrick and Dudley and their Heirs and against the said Decree made as aforesaid And it is further Enacted that in lieu and compensation thereof the said Patrick Colclough shall have the full benefit of the reprizall due to the said John Morris and Robert Clayton upon the said Decree And that untill the said reprizalls shall be set out that the said lands hereby settled on the said John Morris Robert Clayton shall be chargeable and are hereby charged with the annual Rent of One hundred pounds payable yearly on the first dayes of May and November and made lyable to the distress of the said Patrick upon non payment thereof at the said dayes of payment And that as soon as the said reprizalls shall be set out as aforesaid the said yearly Rent shall cease and absolutely determine And to the end that the said Iron workes may be kept up It is likewise Enacted that if the said former or ancient proprietor or his Heir of any the lands whereof the said John Morris and Robert Clayton are now seized in the said County of Wexford shall be or is by this Act restored to his estate then and in such case the said John Morris and Robert Clayton and their Heirs shall notwithstanding have hold and enjoy such part of the said former Proprietors estate as they now stand seized of And the said Proprietor for so much is elsewhere to be reprized any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding Whereas His Majestie by severall Letters Patents under His Great Seal of Ireland whereof one patent was dated the sixteenth February One thousand six hundred and sixty in the thirteenth year of His Majesties Raign the other dated the tenth day of July One thousand six hundred sixty and three in the fifteenth year of His Majesties Raign did amongst other things give grant and confirm or mentioned or intended to give grant and confirm unto Sir George Lane Knight and his Heirs all the Castles Mannors Houses lands Tenements and Hereditaments and other interest whatsoever which Philip Hore late of Kilsalchan attainted of High Treason was seized or possessed of at the time of his said attainder since which time two severall Decrees have been made in the late Court of Claimes in this kingdom to the prejudice of the said Grants one at the suite of the Sonn and Daughters of the said Philip Hore attainted for portions and the other at the suite of the Sonns of Philip Hore the younger Sonn to the said Philip attainted for severall remainders which Decrees were upon a petition exhibited to His Majestie by the said Sir George Lane questioned and on hearing of the cause it was ordered that the said Sir George Lane should be at liberty to impugne the said Decrees by any matter in fact or Law that he could object against them whereupon the said Philip Hore the younger who made defence in the said cause before His Majestie and the said Sir George Lane did mutually agree for avoiding of all future differences touching that matter that all the said estate and interest should be divided and a share thereof settled on the said Sir George Lane and his Heirs for quitting his whole pretense and right to that estate and the remain thereof settled on the said Philip Hore the younger and his Heirs for all his pretenses and the pretenses likewise of his Brothers Sisters and children to that estate which agreement the said parties did by their joint Petition humbly desire to be established by severall provisoes in this Act whereupon His Majesties was graciously pleased that it should be Enacted by the Authority aforesaid And it is hereby Enacted that the said severall Decrees be and are hereby made null and void as if there had never been any such And that the said Sir George Lane shall be and is hereby restored unto settled confirmed and established in the present and actual seizin and possession of the mannor Castle Town and lands of Kilsalchan with a wind-mill and six messuages containing by estimation three hundred acres of land be it more or less within the County of Dublin with a Court Leet and Court Baron to be held within the said Mannor of Kilsalchan the meadow called the Lords mead in the Feilds of Stradbally a messuage ten acres of land in Stradbally aforesaid in the Feilds thereof next adjoyning to the Lords mead aforesaid and all other the said Philip Hores lands in Stradbally aforesaid now or late in the tenure or possession of John Murphy John Quin and Walter Ryan or one of them one Messuage and forty acres of land with the appurtenances in Swords one Messuage and five acres of Land in Rolls Towns two Messuages one Pigeon House one hundred acres of land ten acres of meadow and ten acres of pasture with the appurtenances in Ardlaw nine Messuages nine Gardens and one hundred acres of land with the appurtenances in Stradbally commonly called Bealings Land in Stradbally the village Hamlet and Lands of Great Kingston with the appurtenances containing by estimation one Messuage and fourscore acres of land two houses with Gardens and a Park or Orchard commonly called Pond-Park to them belonging in Newstreet in the Suburbs of the City of Dublin one Close or Park commonly called Barries-Park without Bongans Gate all lying and being in the Parish of St. Nicholas Barony of Uppercross and County of Dublin fifty shillings yearly rent issuing out of the Mannor of Westpalstown nine pence chief rent out of the lands of Criuserath nine pence chief rent out of the lands of Knightfield and thirteen shillings and four pence chief rent out of Dowdes land Bealings land and Talbots land in Stradbally aforesaid the Town and lands of Paslockes-Town and Maces-Town in the aforesaid County the Town and lands of Kilmore in the Barony of Coolook and County aforesaid by virtue
hereafter to be granted shall any way extend to discharge or acquit any arrearages of Quit-Rents reserved by the said former Act and still behind and unpaid nor to acquit that part and proportion of the Three hundred thousand pounds herein hereafter mentioned and intended to be raised and which by the rules of this Act will be payable by such Patentee and leviable upon the Lands in the said Letters Patents contained nor any Measn profits which have been received of lands set out for English arrears or in satisfaction of any adventures upon the doubling Ordinances above what the original money did deserve or in satisfaction of any other Titles or Interests not satisfiable by this or the said former Act nor to discharge any sum or sums of money which persons transplanted into Conaught received upon sale of their estates in Conaught and yet have since been restored to their former estates or some part thereof by virtue of some Clause in the said former Act contained or some Decree or other Proceedings had upon the said Act or shall be so restored by virtue of any Clause contained in these Presents all which arrearages of Quit-Rents Measn profits or other sums of money as aforesaid shall be and are hereby made due and payable unto His Majestie his Heirs and Successors and shall be leviable and recoverable against every person and persons who shall be liable thereunto his and their Heirs Executors and Administrators and all and every their Lands Tenements Goods and Chattels whatsoever Any Grant Patent Settlement or other Disposition made in pursuance of this Act to the contrary notwithstanding And for the prevention of all unnecessary delays and unjust charges which can or may happen to the Subjects of this Realm before their full and final settlement Be it further Enacted by the Authority aforesaid That where the Commissioners for execution of this Act or the major part of them shall give any Certificate under his and their hands and seals to any person or persons Bodies Politick or Corporate in order to the passing of any Letters Patents according to this Act and shall likewise return a Duplicate of such Certificate into His Majesties Court of Exchequer at Dublin to be there inrolled and the person or persons Body Politick or Corporate to whom such Certificate shall be given shall immediatly upon the obtaining of such Certificate and from time to time during the space of six moneths next ensuing the date thereof diligently and without intermission pursue and prosecute the having and obtaining of Letters Patents accordingly and in order thereunto shall pay or tender to such person or persons to whom they shall apply themselves for their assistance towards the passing of such Letters Patents their several and respective fees to them due and payable and shall not obtain such expedition and dispatch that their several and respective Letters Patents may be full perfected and passed under the Great Seal of Ireland within the space of six moneths next after the date of such Certificate but shall be thereof delayed or hindered by the neglect of any Officers or Ministers as aforesaid that there and in such case the several and respective persons Bodies Politick and Corporate to whom or in whose behalf such Certificate shall be given or granted shall hold and enjoy the several Messuages Mannors Lands Tenements and Hereditaments in the several and respective Certificates mentioned and allotted according to such estate and under such rents as are therein mentioned as fully and amply to all intents and purposes as if Letters Patents thereof had been granted and perfected according to the directions of this Act Any thing in this or the said former Act and any other Law Statute or Vsage to the contrary notwithstanding Provided always and be it Enacted That where any Souldier or Souldiers Adventurer or Adventurers his or their Heirs Executors Assignee or Assignes have had any Lands Tenements or Hereditaments formerly set out to him or them as well in satisfaction of arrears due for service done in England as of arrears due for service done in Ireland or in satisfaction of Adventures upon the doubling Ordinances or in satisfaction of any other titles and interests not provided for by this Act together with other Adventures and such setting forth of lands hath been promiscuously and indefinitely as in the gross without any particular application or distinction of the lands shewing which part of the said lands was intended as a satisfaction of the English Arrears and which part as a satisfaction of the Irish Arrears or which part was set out in satisfaction of Adventures upon the doubling Ordinances or of other titles or interests not provided for by this Act and which part for other Adventures and the whole or part of the said lands so promiscuously set out as aforesaid hath been Evicted or Decreed away by virtue of some proceedings of the Commissioners appointed for execution of the said former Act that then and in such case the land so evicted or decreed as aforesaid shall be accounted in Law to be such lands onely as were intended for the satisfaction of English Arrears or Adventures upon the doubling Ordinances or of other titles and interests not provided for by this Act so far as the same will extend and all accompts and payments of the Measn profits of the Lands so evicted are to cease for so much from the time of such Eviction or Decree as aforesaid Nevertheless it is declared That nothing herein contained shall exclude such person or persons from having their full two third parts which are satisfiable by the rules of this Act and from retaining so much whereof they remain possessed for and towards such satisfaction And to the end the Subjects of this Kingdom may be in some measure eased of those charges which are usual and ordinary in passing of Letters Patents Be it further Enacted by the Authority aforesaid that it shall and may be lawful to and for so many of His Majesties Subjects as shall desire the same to be joyned in one and the same Letters Patents the due cautions before mentioned being therein observed so as the Lands thereby granted in case of such being joyned exceed not the quantity of fifteen thousand acres English measure in one Patent Nevertheless it shall and may be lawful to and for the Lord Lieutenant or other chief Governor or Governors of Ireland and Council there for the time being in these and all other cases touching Patents to be granted by virtue of this Act to regulate and moderate the fees of Officers as they shall think fit according to circumstances And be it further Enacted by the Authority aforesaid That where any Lands shall be allotted unto or detained by any Adventurer or Souldier or the Heir Executor Assignee or Assignes of any Adventurer or Souldier for and towards his and their full two third parts or for any part thereof which lands so allotted or detained as aforesaid shall be
and be settled upon the said Provost of Dublin and his Successors in such way and in such manner as the Lord Lieutenant or other cheif Governour or Governours of Ireland and Council for the time being shall direct And the Commissioners shall likewise set out or cause to be set out so many more acres of profitable Lands as may be of the yearly value of three hundred pounds or may be sufficient to answer and secure a yearly rent-charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for and towards the support and maintenance of the Fort at Duncannon and be setled for that purpose in such way and manner as the Lord Lieutenant or other chief Governour or Governours and Council for the time being shall direct and in the setting out of the said Lands the Commissioners shall not be obliged to proceed by any rules of contiguitie but onely to take care that the value intended be secured And the Commissioners shall likewise set out or cause to be set out so many acres more of profitable Lands as may be of the yearly value of one hundred pound per ann or may be sufficient to answer and secure a yearly rent-charge of one hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the Corporation of Bandon Bridg and their Successors and be granted to them by Letters Patents in such manner as other Letters Patents are herein after directed Nevertheless if any Lands have been already set out for that purpose the Commissioners are to cause the same to be valued and to retrench so much thereof as shall exceed the value of One hundred pounds per ann And if the whole fall short of that value to cause the same to be supplyed by further allotments as aforesaid And be it further Enacted by the Authority aforesaid That the Protestant Commissioned Officers who were in Regiments Croops or Companies raised in Ireland or transported out of England and served His Majestie or His Royal Father before the fifth day of June One thousand six hundred forty and nine and are not excluded by the said former Act and all others mentioned and intended by the said former Act to be satisfied equally and together with the said Commissioned Officers out of the fame security who received no Lands or money for their pay due unto them for their said service their Heirs Executors Assigneâ— or Assignes and also John Bartlet and the Heirs of Thomas Bartlet their Heirs and Assignes shall hold and enjoy and be continued and confirmed in all and singular the Messuages Mannors Land Tenements and Hereditaments not already decreed away by the Commissioners for Execution of the said former Act and in the benefit arising from the redemption of Mortgages statutes and judgements and in all other the benefits and advantages whatsoever arising or accruing unto them by any Clause in the said former Act contained other than the years rent and the year and halfs rent therein mentioned which rents are herein after otherwise satisfied and discharged And it is hereby Explained Declared and Enacted That these words The benefits arising from the Redemption of Mortgages Statutes staple and Judgements where the lands are not already disposed of to Adventurers or Souldiers shall be understood and expounded and so are hereby adjudged to be meant and intended of all benefits of that nature which on the two and twentieth of October One thousand six hundred forty and one or at any time since were belonging to any Irish Papist or Roman Catholick not already declared innocent by the Commissioners for execution of the said former Act although the lands were not actually sequestred saving and reserving as herein after is saved and reserved and that the Commissioners for execution of this Act shall cause all and every their securities for satisfaction of such arrears arising by the said former Act or this present Act to be equally divided and distributed amongst all and every the said Commissioned Officers and other the persons aforesaid and the Heirs Executors Assignee or Assigns of such Commissioned Officers and other the persons aforesaid according to the proportion of their respective Arrears stated or appointed to be stated by this Act And therein care is principally to be taken that such Officers who served before the fifth of June One thousand six hundred forty and nine and have yet had no satisfaction for their service in land or money their Heirs Executors Assignee or Assignes may be satisfied in the first place after the rate of Twelve shillings six pence in the pound if the same will so far extend And if there shall be found any surplus then the same shall be equally distributed amongst all the Officers who served before the fifth of June One thousand six hundred forty and nine and have any arrears due to them as well those who have formerly had satisfaction in part as those who have yet had no satisfaction and amongst the respective Heirs Executors and Assigns of such Officers And that all and every the respective securities herein before mentioned shall be forthwith put out of charge without any fees to be therefore paid in order to the distribution aforesaid and until such distribution made shall be managed for the benefit of the persons herein concerned by such persons as in the said former Act is directed And in case any lands or houses within any of the securities aforesaid shall by any particular Clause in this Act be disposed unto or settled upon any person or persons not being a Commissioned Officer as aforesaid nor having the same in satisfaction of arrears due for service before the fifth of June One thousand six hundred forty and nine or by way of confirmation of some Clause in the former Act The Comissioners for execution of this Act shall set apart so much other forfeited land as may be sufficient to reprize the said Commissioned Officers for such loss and damage as they shall sustain by such Clause that so the said securities may remain and continue to and for the benefit of all persons therein concerned as full and ample as the same would have been by virtue of this Act if such particular Clauses or Dispositions had never been had nor made And the Commissioners shall cause the distribution of lands and houses within the security of the said Officers to be fairly entred in Books as is before directed in the Settlement of Adventures and Souldiers to the end that such persons who shall be settled in any of the respective securities may be enabled to demand Letters Patents of the Houses Lands and Tenements Rights of Redemption sums of money and other the premises which shall be allotted to them for their proportion which is hereby Enacted shall be granted accordingly and shall be good and effectual in Law according to the tenor and purport of the
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
appurtenances in the said County of Wexford and all other Lordships Mannors Castles Lands Tenements Rents and Arrearages of Rents reserved and payable upon any Lease or Leases for lives or years or otherwise and all Reversions Remainders Services and Hereditaments late of the said Robert Wallop with their and every of their appurtenances in the said County of Wexford and also all that Priory or Rectory and Church Impropriate of Selsker in the said County of Wexford and all Houses Edifices Barns Stables Tythes Oblations Obventions Profits Commodities and Advantages whatsoever thereunto belonging or appertaining and all other Tithes or tenth parts of Corn Grain Hay Wool Lamb Fish and other Tithes whatsoever late of the said Robert Wallop yearly arising coming renewing or happening within the severall Parishes and Towns Vills fields hamletts tytheings and tytheable places of St. Margaret St. Ivern Ishartenon Kilmore Killame St. Peter Carycke Killoryn Ballysonon Ballnalden Killish Ardcavan and Ard-Collme Killmallock St. Nicholas Takillin Skreene Killisk Ballmestaine Selsker and St. Toolirck in the said County of Wexford and also all other Lordships Mannors Castles Abbeyes Towns Vills Territories Messuages Lands Tenements rents and arrearages of rents as aforesaid reversions tythes and hereditaments whatsoever in Ireland late the possessions of the said Robert Wallop and also all other Mannors Messuages Lands Tenements Meadowes feedings pastures woods under-woods tythes rents reversions and hereditaments together with all and singular Courts Courts-leet Courts-Baron viewes of Franckpledge and all that to Courts-Leete and viewes of Franckpledge appertaineth Perquisits and profits of Courts Chattels Waifes Estrayes Rights Iurisdictions Franchises Privileges Commodities Advantages Emoluments Hereditaments whatsoever to the aforesaid Lordships Mannors Castles Abbyes Lands Tenements Hereditaments and other the premisses aforesaid or any of them or any part or parcel of them in the said County of Wexford or elsewhere in this Kingdom of Ireland belonging or appertaining or accepted used reputed taken or known as part parcel or member of them or any part or parcel of them with their and every of their appurtenances late of the said Robert Wallop all which premisses by His Majesties Letters Patents under his Great Seal of England bearing date the six and twentieth day of September in the thirteenth year of his now Majesties Raign were mentioned to be granted by his said Majestie unto the said Thomas Earl of Southampton Lord Ashley Sir Orlando Bridgeman and Sir Henry Vernon and their Heirs and all and singular conditions covenants forfeitures entries titles and rights in any Indenture or Indentures of Lease of the premisses or any of them specified or contained or otherwise And be it further Enacted by the authority aforesaid That all and singular the said Castles Mannors Hereditaments and premisses shall be and are hereby declared and adjudged to be vested and settled in the said Thomas Earl of Southampton Anthony Ashley Lord Ashley Sir Orlando Bridgeman Sir Henry Vernon and their heirs and that as fully and amply as if the said Letters Patents had been good and effectual in law according to the intent and purpose thereof any thing in this or the said former Act to the contrary hereof in any withstanding And be it further Enacted That Sir Maurice Eustace Knight late Lord Chancellor of Ireland Arthur Earl of Essex Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloone Michael late Lord Bishop of Cork now Lord Chancellor of Ireland and Lord Archbishop of Dublin John Lord Vicecount Massareen Marke Lord Vicecount Dungannon Rober Boyle Esq Sir Arthur Forbus Major George Rawdon now Sir George Rawdon Baronet and the relict and heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cooke and the Orphans of Colonell Owen O Conelly Sir George Lane Sir James Waymes Sir George Ascough Sir Theophilus Jones Sir Walter Plunkett Sir George Preston Sir John Bellew Sir Martin Noel Sir St. John Broderick William Legg Esq Edward Vernon Esq Robert Southwell Esq Captain William Hamilton Maurice Keating Esq Erasmus Smith Esq Susanna Bastwick and her Children Sir William Pettie and all others particularly provided for in the said former Act and not particularly mentioned in this present Act and other special provisions made for them their heirs executors and Assigns do hold and enjoy to them their heirs and Assignes all and singular the lands tenements and hereditaments in and by the said former Act settled granted disposed and confirmed or mentioned meant or intended to be settled granted disposed and confirmed to them their heirs and Assignes and not already decreed away by such decrees as are herein confirmed and all other the benefits and advantages of this present Act and the benefits and advantages in and by the said former Act mentioned in any particular clause or other provisoe relating to them or any of them their heirs or Assignes the benefit of reprizals in the said former Act granted onely excepted any retrenchment or alteration thereof made by the Lord Lieutenant and Council of Ireland or any other matter or thing in this Act to the contrary notwithstanding And it is further Enacted that Sir William Penn shall hold and enjoy to him and his heires all and singular the lands Tenements and hereditaments situate in the County of Cork whereof he the said Sir William Penn by himself or his under tenants was upon the first day of March One thousand six hundred sixty and four in possession as tenant to his Majestie and in case the same shall fall short of the full value of One thousand pound per annum over and above all Quit rents charges and reprizes the Commissioners for Execution of this Act shall cause so much other forfeited land to be sett out and allotted unto the said Sir William Penn his Heirs and Assignes as may make up the same to the full cleer yearly value of One thousand pounds per annum as aforesaid and in case the lands held by the said Sir William Penn his undertenants or Assignes upon the said first day of March One thousand six hundred sixty and four shall exceed the value of One thousand pound per annum over and above all Quit rents charges and reprizes as aforesaid he the said Sir William Penn his Heirs and Assignes shall reconvey unto his Majestie his Heirs and Successors so much thereof as by the Commissioners for the execution of this Act shall be declared or by any Inquisition to be taken within two years after the Royal assent given to this Bill shall be found to be over and above the value of One thousand pounds per annum as aforesaid And it is further Enacted by the Authority aforesaid That the Earl of Clanrickard Earl of Castlehaven Morrough Earl of Inchequin the Earl of Clancarty Lord Vice-Count Dillon Simon Luttrell Dudley Bagnall Esq Henry Bagnall Catherine Corbett Theobald Purcell Esq and such others who are particularly mentioned in the said former Act to be restored to their estates and therein
whether the said estate tail be not extinct in law by the forfeiture of the said Lord Clanmalira whose claim of innocence hath not been allowed and so by consequence the reversion granted to Sir Henry Bennet now Lord Arlington as aforesaid come to take effect in present possession Be it further Enacted by the Authority aforesaid That the said Sir Henry Bennet now Lord Arlington shall and may enter into and upon and shall have hold and enjoy to him and his Heirs all and singular the Messuages Mannors Lands Tenements and Hereditaments whereof Lewis Lord Vice-Count Clanmalira or any other person in trust for him was seized or possessed the two and twentieth of October One thousand six hundred forty one in as full and ample manner as the said Sir Henry Bennet now Lord Arlington might have held or enjoyed the same by virtue of the said Letters Patents in case the said estate tail had been spent or expired or otherwise determined or extinguished which said Letters Patents and all and every the clauses therein contained are hereby confirmed and declared to be good valid and effectual in law to all intents and purposes and that all and every the Adventurers and Souldiers their Heirs Executors Assignee or Assignes who are to be removed in order to the quiet and peaceable possession of the said Sir Henry Bennet now Lord Arlington shall be satisfied their full two third parts respectively in like order and manner to and with other Adventurers and Souldiers any clause matter or thing in this or the said former Act contained to the contrary in any wise notwithstanding And Whereas Francis Lord Aungier in and by the said former Act was intitled unto some part of the premisses amounting to the value of two hundred pounds per annum or there abouts which as is alleaged lyeth so intermixt with the residue of the said estate that the same cannot without great inconvenience be continued in the possession of the said Francis Lord Aungier in such manner as now it is held Be it therefore Enacted That the said Sir Henry Bennet now Lord Arlington his Heirs or Assignes shall before the first day of January next ensuing convey and assure unto the said Francis Lord Aungier his Heirs and Assignes so much of the premisses as Arthur Earl of Anglesey and Roger Earl of Orrery or the surviver of them shall by any writing under his or their hands and Seals before that time to be made declare and appoint in lieu and recompence of the estate of the said Francis Lord Aungier of and in the premisses and in default of such Declaration and appointment or of the performance thereof the said Francis Lord Aungier shall hold and enjoy to him and his heirs the Messuages Lands and Tenements whereof he is now in possession and to which he stands intitled by the said former Act according to the tenor thereof any thing in this present Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That there shall be and is hereby constituted and erected an office or place of Register to the Commissioners for Execution of this Act who shall take care that due entries be made of all Retrenchments of any third part or other proportion of lands to be cut off from any Adventurer or Souldier their Heirs and Assignes and the valuations thereof and of all Decrees and certificates to be made by the Commissioners for Execution of this Act and of all other the proceedings in order to the service of this Act which are fit and proper to be Registred And that the said Office or place shall be held by Sir John Percival Baronet during his natural life to be exercised by himself or his sufficient Deputy and that the said Sir John Percival by himself or his Deputy shall be and is hereby impowred and required to have the care and custody of all claims certificates plots surveyes except such as relate to the Office and imployment of the Surveyor General Debentures Duplicates Entries and copies of them Returns of Commissions Valuations Examinations Affidavits Reports Rols and all other publique Books Papers writings and Records whatsoever which any the Commissioners or Sub-Commissioners for the service of this Act shall use in such Office or place wherein they sit and which shall be dependant on the said service or relating thereunto and all persons who have any of the like Books or Papers aforesaid which have been used in or towards the Execution of the said former Act shall forthwith deliver the same or cause the same to be delivered to Sir John Percival And to the end that no fraud or deceipt may be used herein nor any of the said writings or Records be imbeizeled the Lord Lieutenant or other chief Governour or Governours of Ireland for the time being and the Council there shall have power to send for any person or persons whom they shall suspect to have any of the writings or Records-aforesaid and to examin him or them upon his or their Oathes touching the same and to commit to prison such person or persons as shall refuse to be examined or being examined shall refuse to deliver such Books Papers and Records relating to the service of the said former Act as shall appear to be in his or their hands or which they can come by And further the said Sir John Percival by himself or his Deputy and by such under Clerks for which he will be responsible shall from time to time attend such Commissioners and transcribe Copy Prepare Register Enter Draw up and enrol or cause to be transcribed Copied Prepared Registred Entred Drawn up and enrolled all and every the Decrees Iudgements Orders Warrants Summons Injunctions Reports and certificates of any of the Commissioners or Sub-Commissioners for Execution of the said former Act not already enrolled or entred or of any the Commissioners or Sub-Commissioners for the service of this Act for the time to come and shall also Act and do or cause to be Acted and don all and every the matters and things which doe or may any way concern the Office of Register or other the premisses as fully and amply as any Register or Registers to the Commissioners for Execution of the said former Act and his and their Clerks did or ought to have done he and they taking therefore such Fees only and no other as by the Lord Lieutenant or other cheif Governour and Governours of Ireland for the time being shall be held reasonable which Fees he and they are hereby enabled to receive and recover accordingly And it is hereby declared and enacted That the said Sir John Percival shall yearly and every year during the Execution of this and the former Act account for and pay unto the Lord Lieutenant or other cheif Governour and Governours of Ireland one full third part of the cleer annual Profits of the said Office the necessary charges to be expended in and about the Execution thereof being
Lord Kingston his Heirs and Assignes so much more other Lands Tenements and Hereditaments in the Counties of Cork Limerick and Tipperary which by virtue of this Act shall or may be Retrenched from any Adventurers Souldiers their Heirs Executors or Assignes or of other forfeited lands within the said Counties or within the Counties of Dublin and Kildare or some of them as together with the lands in the said Letters Patents granted or mentioned to be granted to him as aforesaid and as shall be possessed and enjoyed by him and not recovered or granted away from him by this or the said former Act are of the said present cleer yearly rent of Seaven hundred pounds and as over and above the said yearly rent are equal in value worth and purchase unto two full third parts of all the lands recovered against him by virtue of any Decrees heerein confirmed or that have been delivered up or parted with to William Lord Vice-count Dungan and others in observance of His Majesties Letters To the end that like effectual Letters Patents may thereof also be granted unto the said John Lord Kingston and his Heirs as are herein before appointed to be granted to other Adventurers and Souldiers of their respective allotments any matter or thing whatsoever in this or the said former Act or any other Act contained or otherwise to the contrary in any wise notwithstanding Saving unto Charles Lord Vice-count Fitz Harding and his Heirs such right and title in and to any of the premisses as he or they can or may claim by virtue of any Letters Patents thereof granted unto Charles late Lord Vice-count Fitz Harding after Earl of Falmouth by His Majestie any thing herein before contained to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That Sir John Percivall Baronet his Executors Administrators and Assignes shall and may hold possess and enjoy the Town Lands of Kinsaley in the County of Dublin for the term of sixty one years from the first day of May One thousand six hundred sixty and three according to the tenor and full effect of an Indenture of Lease under the Great Seal of Ireland to him thereof made and under the rents covenants and conditions thereby reserved expressed and limited any thing in the last precedent clause or in this present or any other Act to the contrary thereof in any wise notwithstanding Provided also that nothing in this Act or the Letters Patents granted to the said Lord Kingston shall enable him the said Lord Kingston his Heirs or Assignes to hold or enjoy any mannors lands or Tenements lying or being within the Securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine unless he the said Lord Kingston his Heirs or Assignes shall cause so many Debentures for arrears due to the said Commissioned Officers as are satisfiable by the rules of this Act and have not been satisfied in part to be placed thereupon as after the rate of eight years purchase may be sufficient to purchase the premisses any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the messuages Castles Mannors Lands Tenements and other the Hereditaments whereof Sir Daniel O Bryen now Daniel Lord Vice-count O Bryen of Clare or his Brother Tige O Bryan Esq or Connor O Bryan Esq Sonn and Heir apparent to the said Lord Vice-count or Morough O Bryan one other of the Sonns of the said Vice-count O Bryan or any other person or persons whatsoever to their or any of their use or in trust for them or any of them were upon the two and twentieth day of October One thousand six hundred forty one lawfully seized of any estate of freehold or inheritance or possest for any term of years yet in being as also one stone-house in the City of Limerick impropriations and appropriated tithes excepted shall be by the Commissioners for Execution of this Act set out and allotted unto and placed in the present and actual possession of Daniel O Bryan Esq Sonn and Heir apparent of the said Connor O Bryen and the Heirs and Executors of the said Daniel O Bryen respectively without and before any previous reprizal any clause matter or thing in the said former Act or in this present Act herein before or after contained to the contrary notwithstanding And that the Commissioners for Execution of this Act shall grant unto the said Daniel O Bryen such certificates as may be necessary in Order to the passing of Letters Patents of the premisses and further that until such final Settlement and allotment as aforesaid it shall and may be lawfull to and for the said Daniel O Bryen to enter upon and retain and keep possession of the premisses and all and every the Adventurers and Souldiers Protestant purchasors of Lands in Conaght or Clare and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine their heirs Executors Administrators and Assignes who shall be removed to make way for such restitution or be prejudiced thereby shall after such restitution made be satisfied by the allotment of some other forfeited and undisposed lands as may be equal to their several and respective two full third parts of what they depart from or may be prejudiced in according to the rules of this Act and all and every the persons transplanted into and upon any part of the premisses their Heirs and Assignes shall have full satisfaction out of the forfeited lands undisposed of to the English Protestants as the Lord Lieutenant and Council of Ireland shall think fit after the several interests of His Majesties Protestant Subjects in Ireland have been fully settled and satisfied according to this Act. Provided alwayes and it is further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall restore James Fleming of Staholmock Esq unto all the Lordships Castles Houses Lands Tenements Rents Reversions Remainders Hereditaments Right Title interest and estate whatsoever whereof the said James Fleming or any or others in trust for him or to his use were seized or possessed the three and twentieh of October One thousand six hundred forty one And that after such Restitution the said James Fleming shall hold and enjoy the same to him and his Heirs this Act or any other Act Record Outlary Attainder or any other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall restore unto Captain Charles Farrell all and singular the lands Tenements and Hereditaments in the County of Longford whereof he the said Charles Farrell or his Father or any other in trust for them or either of them were seized upon the two and twentieth day of October One thousand six hundred forty one or at any time since and
that after such Restitution made the said Charles Farrell shall hold and enjoy the same to him and his Heirs Subject nevertheless to the quit-rents by this or the former Act imposed and lyable to all and singular the statutes Mortgages Debts Charges and all other the Acts and Incumbrances whatsoever of him the said Charles Farrell or his Father any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Frances Darcy widow so much land as shall be of like yearly value as the lands which she the said Frances Darcy formerly held or ought to have held for her joincture to be held and enjoyed by the said Frances Darcy during her life any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the summ of Four thousand five hundred pounds due for service done in Ireland before the fifth of June One thousand six hundred forty nine unto Arthur Lord Vice-count Ranelaugh by Debentures already stated and allowed by the Commissioners for Execution of the said former Act shall be paid and satisfied out of the securities thereunto lyable by this present Act unto Richard Earl of Burlington and Cork Lord High Treasurer of Ireland Arthur Earl of Anglesey Roger Earl of Orrery and Sir John Skeffington Baronet and the Survivors and Survivor of them and that they and the Survivors and Survivor of them and the Heirs of the Survivor shall have hold receive and enjoy to his and their Heirs all and singular the Mannors lands Tenements and Hereditaments and all other the satisfaction whatsoever or of what nature or kind soever which shall or may be hereafter appointed allotted or otherwayes set out and Assigned for the satisfaction of the said Four thousand five hundred pounds Nevertheless in trust to and for the onely use benefit and advantage of Frances Jones and Elizabeth Jones Daughters of the said Arthur Lord Vice-count Ranelaugh their Executors and Assignes and to and for no other use intent or purpose whatsoever any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted that all Leases terms and estates which upon the three and twentieth of October One thousand six hundred forty one did not exceed three lives or one and thirtie years and are forfeited to or vested in His Majestie whereof or whereupon the next and immediate Reversion or Remainder doth or shall appertain to any innocent Protestant be and are hereby declared to be ceased determined null and void any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That nothing in this present Act nor in the former Act shall be taken or any wayes construed to weaken or make void all or any of the right title and claim which Lawrence Hide of Henton-Dawbney in the County of Southampton Esq hath by virtue of any Statute Staple Mortgage or otherwise unto the Towns and Town Lands of Ballihenukin Knockanammy and part of Chancellors-town in the Barony of Iffa and Offa and the lands of Quarter-cross parcel of the town and Lands of Clare nor unto two acres great Countrey measure in Burdens-Grange in the Barony of Middle-third in all containing about eight hundred acres lying and being in the County of Tipperary but that it shall and may be lawful to and for the Commissioners for Execution of this Act to examine the right and title of him the said Lawrence Hide of in and to the said lands and Tenements or to any summ of money which can or may be levied thereupon and to make such Order and Decree for the said Lawrence Hide or his Assignes to hold and enjoy all and singular the premisses until he or they shall be fully satisfied and paid the moneys to him due as aforesaid together with what interest shall be due for the same as they shall think fit any thing in this Act or in any former Act to the contrary notwithstanding And whereas Colonel Christopher O Bryen was appointed by His Majestie in his late gracious Declaration to be restored unto his estate as one who in an especial manner had merited his Maiesties Grace and favour and was afterwards in pursuance of His Majesties Orders put into possession thereof by the Sheriff of the County of Clare in which County the said estate doth lye notwithstanding which if the same should be strictly examined according to the Rules of the said former Act It may be doubted whether such delivery of possession were legal and whether the lands so delivered do not still remain Subject to the uses of the said former Act and this present Act And whereas the said Christopher O Bryen is lately Dead without issue and all his estate right title and interest descended unto and upon Morogh Earl of Inchequin his next and immediate Brother and Heir Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto the said Morogh Earl of Inchequin and his Heirs the present and actual possession of all and singular the Castles Houses Mannors Lands Tenements and Hereditaments which the said Colonel Christopher O Bryen or any other in trust for him or to his use had held or enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since the lands Tenements and Hereditaments formerly belonging to the said Christopher O Bryen and now in the possession of Peirce Creagh excepted which are hereby granted and confirmed unto the said Peirce Creagh and his Heirs and shall likewise set out and allot unto the said Earl of Inchequin and his Heirs so many acres more of undisposed and forfeited lands as may be equal in quantity of acres to the said lands held by the said Peirce Creagh and from and after such restitution and allotment so made as aforesaid the said Morogh Earl of Inchequin shall hold and enjoy to him and his Heirs all and singular the messuages lands Tenements and Hereditaments so as aforesaid restored and allotted and all and every the persons transplanted into and upon any part of the premisses their Heirs and Assignes shall have such satisfaction out of the forfeited lands undisposed of to English Protestants as the Lord Lieutenant and Council of Ireland shall think fit after the several interests of His Majesties Protestant Subjects in Ireland have been fully satisfied and settled according to this Act any thing in this or the said former Act contained to the contrary notwithstanding And whereas Sir Thomas Sherlock Knight Deceased was in his life time a very dutifull and Loyall Subject and from the time of the first
said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith restore unto Patrick Archer Merchant all and singular the Lands Tenements and Hereditaments which he or any other person or persons in trust for him had held or enjoyed upon the Two and twentieth of October One thousand six hundred forty one the respective Adventurers or Souldiers their Heirs or Assigns now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid the said Patrick Archer shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so to be restored Any thing in this or the said former Act contained to the contrary notwithstanding And whereas upon the passing of certain Letters Patents under His Majesties Great Seal of England bearing date the eight day of April in the Fourteenth year of His Majesties Reign unto Richard Earl of Clanrickard and his Heirs an use was therein limited or some other provision thereby made for the better securing unto Charles late Lord Vice-count Muskry the sum of Ten thousand pounds by the yearly payment of Two thousand pounds sterling per annum for and during the term of five years next ensuing the date of the said Patent And forasmuch as it may so fall out by reason of sundry emergent occasions that the payments thereby secured may not be fully compleated within the said term of five years according to the true intent and meaning of the said Letters Patents Be it therefore Enacted by the Authority aforesaid That the term of five years in the said Letters Patents mentioned shall be and is hereby enlarged unto the term of three years more next after the said five years ended and determined and that if the several payments in and by the said Letters Patents intended to be secured shall be made and determined within the time hereby enlarged the same shall be as good and effectual in Law as if they had been made within the said five years and that in all other uses limitations matters and things the said Letters Patents and every Clause and Article therein shall be as good and effectual in Law and of like force and effect as the same were before the making of this Act Any thing in this or the said former Act contained to the contrary notwithstanding And to the end that no person or persons who is or shall be restored or intitled unto or confirmed in any Messuages Mannors Lands Tenements or other Hereditaments by virtue of any Clause in this Act contained or by virtue of any Letters Patents Grant Restitution or other Disposition or Allotment herein made or hereafter to be made in pursuance of this Act may by pretense of such new title avoid the payment of any just debts to which they or their respective Testators or Ancestors were or ought to have been lyable Be it therefore Explained and Enacted by the Authority aforesaid That all and every person and persons their Heirs and Assignes having and holding or claiming to have and to hold any messuages Mannors Lands Tenements and Hereditaments as aforesaid shall be and are hereby made Subject unto and charged with all and singular the Debts and summs of money now due and owing by them or any other person or persons whose Heirs Executors or Administrators they are and under whom they claim their several and respective allotments as Heir Executor or Administrator whether the same Debts be due and owing by virtue of any specialty or matter of Record and that all and every the messuages lands Tenements and Hereditaments so held and claimed as aforesaid shall be held and accompted as Assets in Law and are hereby declared to be Assets for and towards the satisfaction and payment of all such Debts to which the first takers thereof are in their own right or as Heirs Executors or Administrators of any other person or persons made lyable by this Act any thing in this or the said former Act or any other Law matter or thing to the contrary notwithstanding Provided alwayes and be it further Enacted That the Heirs or Assignes of Charles late Earl of Mountrath shall have hold and enjoy all such Lands Tenements and Hereditaments which were settled upon or granted unto the said late Earl by any Letters Patents of the late Vsurped Powers whereof he was in possession the seventh of May One thousand six hundred fifty and nine except such as have been decreed or shall be by this Act or restored unto the Irish Proprietor for which he or they shall forthwith have the like quantitie of profitable Acres set out unto him or them respectively and that all the Lands Tenements and Hereditaments and other the advantages by this or the said former Act intended to be given granted or confirmed unto the said late Earl of Mountrath his Heirs or Assignes shall stand and remain disposed and divided among and between the now Earl of Mountrath the relict and younger Children of the said late Earl subject and lyable unto such limitations uses debts portions and legacies as are expressed and contained in a decree made by the Lord Lieutenant and Council bearing date the _____ day of October One thousand six hundred sixty and three any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Audley Mervin Knight Speaker of the House of Commons Sir George Lane Kt. Clerke of the house of Lords Philip Ferneley Esq Clerke of the House of Commons and other the attendants on either of the said Houses do claime certain Fees to be due and payable to them for every Bill containing any grant or restitution of any forfeited Lands to any person or persons Bodies Politick or Corporate their heirs or successors touching the ascertaining whereof and giving due remedy for the recovering of the same some provision was made in and by a clause in the said former Act in which clause the Speaker of the House of Lords and the Clerke of the Council of Ireland are not mentioned Be it therefore explained and Enacted by the Authority aforesaid That the Speaker of the house of Lords and Clerke of the Council of Ireland shall be deemed and adjudged to be comprehended in the said clause and that the said Speaker and Clerke of the Council and Sir Audley Mervin Sir George Lane Philip Ferneley and others mentioned in the said clause contained in the said former Act be paid by such person and persons Bodies Politick and Corporate their Heirs and successors who receive any grant of or Settlement in any forfeited Lands Tenements or Hereditaments by virtue of or in pursuance of this Act or of the said former Act not set out to them in satisfaction
of a Mortgage from one Christopher Nugent of Robins-Town in consideration of Fourteen hundred pounds All which Lands Tenements Hereditaments and Chief Rents are situate lying and being within the County of Dublin aforesaid And also of three Messuages two stables one piece of waste ground one Garden and other Edifices neer the said stable in the Parish of St. Bridget sometimes in the possession of William Badger or his Vnder-tenants within the County of the City of Dublin and Suburbs or Liberties thereof two Messuages with the appurtenances in Oxmantown in the Parish of St. Michans sometimes in the possession of Peter Decoster one Brick house three Messuages covered with straw in Oxmantown aforesaid which Patrick Martin and Peter Decoster sometimes held one Messuage or Tenement in Mary Lane in Oxmantown aforesaid which James Lewesly sometimes held one stated Messuage and one stable in Pill Lane in Oxmantown which the aforesaid James Lewesly sometimes held one Brick house with the appurtenances in Pill Lane in Oxmantown sometimes in the possession of Margaret Lewesly deceased one other Brick house and garden two several Cottages upon Cock-Hill neer St. Mary Abbey which John Fisher Taylor formerly held one Messuage with the appurtenances in Mary Lane in Oxmantown sometimes in the possession of John Arundell one Messuage with the appurtenances in Mary Lane aforesaid sometimes in the possession of Barbara Bath two Messuages with the appurtenances in Pill Lane in Oxmantown which Edward May deceased sometimes held one shop or room in Highstreet under the house wherein Robert Dowling formerly lived which shop was held by John Jourdan one thatch't house or messuage with the appurtenances in St. Mary Abbey in the Parish of St. Michans which John Hore sometimes held a messuage with the appurtenances in Highstreet in the Parish of St. Michaels sometimes in the possession of Richard Barry of Dublin Alderman one piece of waste land in Bull Lane in Oxmantown formerly in the possession of John Moor Merchant one piece of waste ground whereon two messuages were built in St. Francis Street formerly in the possession of William Lock one messuage or tenement with one garden and the appurtenances in Oxmantown neer Fishers Lane in the possession of George Carleton Esquire one garden or waste plot of ground in Cookstreet in the Parish of St. Audeons upon which are now houses built by one Robert Eustace and now in the possession of Bryan Jones Esquire one messuage or tenement with the appurtenances on the Merchant Key in the Parish of St. Audeons sometimes in the possession of John James and others which the said Philip Hore held from Christopher Chilham of Drogheda Merchant for certain years yet to come yielding thereout yearly to the said Christopher and his heirs nine pounds sterling at the Feasts of Easter and St. Michael the Archangel which rent the said Christopher did mortgage unto the said Philip for ninety pounds sterling one piece of ground called the Bean Yard in Oxmantown in the Parish of St. Michans late in the possession of Sir Anthony Morgan Knight one house on the Pavement in Oxmantown aforesaid leading to Youngs Castle sometimes in the possession of Walter Scanlan all which houses tenements and premisses are situate lying and being within the City and County of the City of Dublin or in the County of the City of Dublin or in the Suburbs or liberties thereof together with all other the houses lands tenements and and interest formerly belonging or in any ways appertaining to the said Philip Hore within the said City and County of the City of Dublin the Suburbs and Liberties thereof And also the Town and lands of Bulls Town the Town and lands of Clatters Town with a Water-Mill and Pigeon-House and part of the Town and Lands of Cales Town the Towns and Lands of Bewtown and Swines-Deane all lying and being in the County of Meath And all other the lands tenements and hereditaments formerly belonging or appertaining to the said Philip Hore in the said County of Meath And that he the said Sir George Lane his Heirs Executors or Administrators respectively shall have hold possess and enjoy all and singular the premisses with all the rights members and appurtenances Rents Issues and Profits and all other advantages whatsoever to them and every of them belonging or appertaining to the use of him the said Sir George Lane his Heirs Executors Administrators and Assigns respectively subject to such rents and services as the same are lyable unto by this Act And the said several and respective Letters Patents as to all things therein contained and not herein after changed or altered shall be and are hereby ratified and confirmed Any thing in this present Act or any other former Act cause matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Philip Hore the son shall be and is hereby restored to his blood and shall and may derive his pedigree and descent from all and every of his Ancestors lineal and collateral other than as to the premisses so settled on the said Sir George Lane as aforesaid And that he the said Philip Hore shall be and is hereby restored unto settled confirmed and established in the actual and present Seizin and possession of the Town and lands of Castleknock and Irishtown with a Mill and Salmon Wyer thereunto belonging on the Liffy Hartstown Stahenny Castle-Curragh alias Curragh Ballidowde Rickinhead Balliboggan Lusk alias Lusks Land Rath Lucastown The Logh alias Loghes Hill alias Bullogs Land the Rath of Killosery alias Ashborn-Rath two Watermills in the Town of Killosery with three acres of land thereunto belonging Blackhall containing sixty acres lying in the Parish of Killosery Beauford with twenty acres thereunto adjoyning late in the tenure of Walter Ryan and John Ryan and now leased by the said Philip Hore to Richard _____ Shoomaker Correstowne sixty acres Coolcoigh Dunmucky and the twenty acres alias Thornetown Chappell Middway one shilling chief rent out of Killmartin eight pence chief rent out of Ashtowne in the County of Dublin as also shall be and is hereby restored unto settled confirmed and established in the actuall and present seizin and possession of one Burgage in St. Maryes Parish in the town of Wexford one toft called Allens Walls in St. Peters Parish in the said Town of Wexford one wast messuage and fifteen acres of land called Farrans Town alias Lackans land in Taghmon The Mannors of Skallrish alias Ballimaskalrish and Kildowan containing the Castle Town and lands of Drinagh Ablinstown Stapolestown Doumshtown Mil-town Whits-town Levets-town Rows-town Kellis-town Synotts-town in Great Killian twenty Acres in Whits-town called Morrisgate Forty acres in Jacketts-town little Ballifenock Morrens-town Gurtchynininog Quoans-town Polebreane Fardeles-town the Commons of Drynagh containing sixty five acres Bogganstown Carran in Carne containing two acres Cullentragh a plott of ground on the Castle Hills in Wexford Balleshellan Martells-Knock Graigshallagh little Johnstown The Dirr Youngestown
imposed or appointed to be levyed And the said Receivers herein after mentioned are to pay the moneyes by them received from time to time unto Arthur Earl of Anglesey Vice-Treasurer of Ireland or unto the Vice-Treasurer of Ireland for the time being And the said Arthur Earl of Anglesey or the Vice-Treasurer of Ireland for the time being is hereby appointed to issue out and pay all and singular the monies which by virtue of this clause shall be received and paid in or otherwise levyed as aforesaid unto such Irish Papists Popish Recusants and Roman Catholicks as served under His Majesties Ensigns abroad and are particularly mentioned in the late Declaration and were seized of or intitled unto any Lands Tenements or Hereditaments upon the three and twentieth of October One thousand six hundred forty and one to which they are not yet restored and in such parts and proportions as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint And whereas in the said former Act it is provided That the sum sums of money which 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 Acts of Parliament of the seventeenth eighteenth of King Charles the first be are hereby vested and settled in His Majestie His Heirs Successors as in by the said Act more fully appeareth which forfeited subscriptions adventures or sums of money are commonly called by the name of lapsed money And whereas His Majestie for the better increasing of the stock of undisposed forfeited lands and to the end that more of the ancient and former Proprietors may come to be restored is graciously pleased to relinquish his satisfaction of the said lapsed money by or out of any forfeited lands to be therefore set out and to accept of the sum of Thirty thousand pounds sterling to be paid unto His Majestie in lieu and recompence thereof Be it therefore Enacted by the Authority aforesaid That His Majesties right and title in and to any forfeited lands in recompense of and satisfaction for the said lapsed moneys shall be and is hereby released and discharged and further that it shall and may be lawful to and for the Lord Lieutenant and other Chief Governour or Governours of Ireland and Council there for the time being to assess and impose upon all and every the Lands Tenements and Hereditaments which by virtue of this Act shall be restored or confirmed to any former Proprietors of the Popish Religion or granted to any the Roman Catholicks of Ireland such further and other sums as they shall think fit for the raising and levying of Thirty thousand pounds sterling in the most equal and indifferent way that may be to be paid unto the Receiver herein after mentioned by two even und equal payments the first payment thereof to begin upon the first day of May which shall be in the year of our Lord God One thousand six hundred sixty and six and the second day of payment to be upon the first day of November in the year of our Lord One thousand six hundred sixty and six and in case any person or persons lyable to the payment of any part of the said Thirty thousand pounds so as aforesaid to be assessed and imposed shall make default of payment by the space of one and twenty days next after any the days and times wherein the same ought to be paid then the person so making default shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid and the Vice-Treasurer of Ireland for the time being shall issue out and pay or cause to be issued out and paid unto Richard Stratford of London Gentleman his Executors Administrators and Assigns the sum of Three thousand pounds sterling and the residue thereof being Twenty seven thousand pounds and all other the forfeitures and penalties which shall be incurred for non payment of the said Thirty thousand pounds unto such person and persons and to and for such uses as the said lapsed moneys or the lands to be set out in satisfaction of the same were or ought to have been granted in pursuance of His Majesties several and respective Letters under His Royal Signet bearing date upon the tenth or eleventh or the twelfth day of February in the Fourteenth year of His Majesties Reign and in the year of our Lord One thousand six hundred sixty and two or by any other Letters under His Majesties Royal signet or by any Letters Patents to Roger Earl of Orrery or others Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all the customs duties and impositions of what nature or kind soever which are or shall be due for any goods wares or merchandize imported into or exported out of the ports and havens of Strangford and Ardlass or either of them or any the members thereof or Creekes thereunto belonging heretofore the inheritance of Wentworth late Earl of Kildare and by him sold unto His Majestie shall be and are hereby vested in the Kings Majestie and shall be held and enjoyed by His Majestie his Heirs and Successors any defect in the conveyance thereof to his Majestie or other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Capital messuage mills mannors towns and lands of Chappel-Izzard alias Izzod with all the rights members and appurtenances thereof heretofore conveyed or mentioned to be conveyed or contracted for by or in behalf of the Kings Majestie and agreed to be conveyed by Sir Maurice Eustace Knight late Lord Chancellor of Ireland unto the Kings Majestie and for which part of the purchase money hath been paid by the Kings Majestie unto the said Sir Maurice Eustace in his life time shall upon payment of the residue of the purchase money unto the lawfull Executors of him the said Sir Maurice Eustace be and is hereby vested in the Kings Majestie his Heirs and Successors and shall be held and enjoyed by his Majestie his Heirs and Successors against the said Sir Maurice Eustace and his heirs and all and every other person and persons claiming by from or under him them or any of them any defect in the conveyance or assurance of the premisses any thing in the said former Act or this present Act and any other matter or thing whatsoever to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot or cause to be set out and allotted unto Major John Neil so much of the undisposed and forfeited lands in the Barony of Barrymore in the County of Corke as may be sufficient to reprize
alwaies and it is hereby Enacted That it shall and may be lawful to and for Richard Stephens the younger to hold and enjoy to him and his Heirs all and singular the messuages and lands Tenements and other the Hereditaments situat lying and being in and about the Town and Corporation of Kells in the County of Eastmeath whereof he the said Richard Stephens the younger by himself or his under-tenants was seized or possessed upon the Seaventh of May One thousand six hundred fifty nine and which lye within the securities set apart for the satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine he the said Richard Stephens placing thereupon so many Debentures for arrears due for service done before the said fifth of June One thousand six hundred forty nine for which no satisfaction hath yet been given and which are satisfiable by the rules of this or the said former Act as do amount unto the full summ of three hundred pounds any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Theophilus Jones Knight was heretofore settled in and planted upon a Messuage and certain Lands in and about Lucan and now by virtue of some Decree made by the Commissioners for execution of the said former Act and herein confirmed is onely to enjoy the said Messuages and Lands during the life of Patrick Sarsfield who was declared nocent after whose death the said lands are declared to come unto William son of the said Patrick an infant and the heirs males of his body by reason whereof the said Sir Theophilus Jones is likely to sustain great prejudice if due consideration be not had of his improvements Be it declared and Enacted That the Commissioners for execution of this Act shall forthwith set out and allot unto the said Sir Theophilus Jones and his heirs so much forfeited land as may be sufficient in value worth and purchase fully to reprize the said Sir Theophilus Jones for the Messuage Lands and Improvements which have been so evicted and decreed away from him Any clause matter or thing in this or the said former Act to the contrary notwithstanding Provided always That it shall and may be lawful to and for Pierce Creagh to hold and enjoy to him and his Heirs all and singular the Messuages Lands Tenements and Hereditaments in the Province of Connaught and County of Clare or either of them whereof he the said Pierce Creagh is now in possession by himself or his Vnder-tenants and into which the said Pierce Creagh was transplanted by the late Vsurpers Any thing in this or the said former Act to the contrary notwithstanding And because the Adventurers and Souldiers are by this Act exempted from payment of such Fees to the Officers attending both Houses of Parliament and others as in and by the said former Act might have been demanded or pretended to as due Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council there to assess and impose upon all and every the Adventurers and Souldiers who by the said former Act were lyable or might be pretended to be lyable to the payment of such Fees such further and other sums of money not exceeding Five thousand pounds as they shall think fit and to cause the same to be levyed in such manner as any other the sums herein before imposed are levyable and to be paid to the Receivers aforesaid to the end the same may be issued out unto and distributed amongst such Officers in such manner and according to such proportions as the Lord Lieutenant or other Chief Governour and Council after the advice of both Houses of Parliament thereupon had shall direct and appoint Provided always and be it further Cnacted by the Authority aforesaid That Colonel William Leg one of the Grooms of His Majesties Bed-Chamber shall in lieu of what hath been retrenched of his Provisoe in the former Act have hold and enjoy to him and his Heirs for ever all and singular the Lands Tenements and Hereditaments by His Majesties Letters Patents to him granted and passed under the Great Seal of Ireland pursuant to and according to the tenor and effect of His Majesties Letters under His Privy Signet and Sign Manual bearing date at Whitehal the Nineteenth day of January One thousand six hundred sixty and three without any Retrenchment or Defalcation whatsoever Any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted That James Fitz Gerald of Laragh in the County of Westmeath and his Heirs shall have the like restitution priviledges advantages and benefits in all respects as any of the fifty four persons provided for by this Act Any thing therein contained or otherwise to the contrary notwithstanding His Majestie being fully satisfied of the constant loyalty and Innocence of Robert Arthur deceased late of Dublin Alderman and of John Arthur his son and heir who were both Inhabitants of Dublin is graciously pleased That it be Enacted be it further Enacted by the Authority aforesaid That the said John Arthur shall be by the said Commissioners restored unto settled and established in the quiet possession and shall thenceforth have hold possess and enjoy to him and his Heirs Executors Administrators and Assigns respectively all and singular the Mannors Houses Castles Lands Tenements and Hereditaments Reversions Remainders Leases Rights Titles Interests and Estates whatsoever in the Kingdom of Ireland which the said Robert Arthur or any other person or persons in trust for him or to his use had held or enjoyed on the twenty second of October One thousand six hundred forty one or at any time since Except what thereof is in the hands of Adventurers or Souldiers or is in the City of Dublin for which the said John is to be forthwith reprized elsewhere to the full value thereof as neer and contiguous to the said City as conveniently may be and the said John Arthur is likewise restored unto and is hereby enabled to demand recover and receive to his own use all and singular the debts and sums of money which at any time heretofore were due and owing to him the said Robert Arthur and are still unpaid This present or any other Act Clause matter or thing therein to the contrary notwithstanding And whereas Randall Marquess of Antrim did on or about the One and twentieth day of November in the year of our Lord One thousand six hundred thirty seven demise and grant the Barony of Cary the Lordship of Ballycastle and the Island of Rathcline and all the Lands Tenements and Hereditaments within the said Barony Island and Lordship unto Alexander Macdonnell John Moore Archbald Steward and John Trayleman for the term of ninety nine years from Michaelmas One thousand six hundred thirty seven in trust for payment of certain debts
all singular claims and demands not particularly allowed and provided for in and by this present Act. And whereas some question or doubt hath arisen whether the Lands of any Officers or Souldiers were to be confirmed to them by the said Act unless they had been formerly and were of the Army at the time of the making your Majesties Declaration of the thirtieth of November one thousand six hundred and sixty Be it declared Enacted and Explained by the authority aforesaid that the word And used in that part of the said Act which relates to them shall be taken disjuncttively as if it had been or so that no such Officer or Souldier his Heirs or Assigns shall be excluded the benefit of the said Act or this present Act if he had been formerly of the Army and in Possession as aforesaid the seaventh day of May one thousand six hundred fifty nine though he were not of the Army the thirtieth of November one thousand six hundred and sixty or at any time since And to the end that the persons estates and interests of his Majesties Protestant Subjects of whom his Majestie ever had and still hath greatest care and consideration in the Settlement of this his Kingdom may be first provided for Be it further enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their and every of their Heirs Executors Administrators and Assigns respectively who upon the seaventh day of May One thousand six hundred fifty nine were seized or possessed of any Messuages Mannors Lands Tenements or Hereditaments for or towards the satisfaction of any Adventures or arrears which by the rules of this or the said former Act are allowed to be satisfied And all and every other the Adventurers commonly called deficient Adventurers whether they be deficient in whole or in part that is to say such Adventurers who never had any Lands set out to them in satisfaction of their Adventures or were never fully satisfied for the same And the Heirs Executors Administrators and Assigns of such Adventurers respectively shall have hold and enjoy and be setled and confirmed in so much of the forfeited Lands which by this Act are vested in His Majestie as will amount to two full third parts of what they or those under whom they claim had or in cases of deficiencie ought to have had upon the Seaventh of May One thousand six hundred fifty nine in manner following That is to say The Commissioners for execution of this Act shall diligently examine and compute or cause to be computed what quantity of Land any such Adventurer or Souldier or the Heirs Executors Administrators or Assigns of such Adventurer or Souldier respectively had or were seized or possessed of on the Seaventh of May One thousand six hundred fifty nine or of right ought to have had and been seized and possessed of upon the Seaventh of May One thousand six hundred fifty nine in case he were a deficient Adventurer or the Heir Executor Administrator or Assignee of any deficient Adventurer And shall set out and allot or cause to be set out and allotted unto every such Adventurer and Souldier his and their respective Heirs Executors Administrators and Assigns so much forfeited land as in quantity of Irish profitable Acres to be computed by Irish measure according to the Down Survey or Down admeasurement and not otherwise where the Down Survey hath been taken and where the Down Survey hath not been taken by the Survey taken in the Earl of Straffords time or by some other Survey to be taken according to Irish measure wherein the unprofitable Land is to be cast in together with the profitable according to the method of the said Down Survey will amount unto full two third parts the whole in three parts being divided of what such person or persons to whom such allotment shall be made as aforesaid or those under whom they claim did hold and enjoy or in cases of deficiencie of right ought to have held and enjoyed upon the Seaventh of May One thousand six hundred fifty nine which said two third parts so as aforesaid to be allotted shall be held and enjoyed by the persons to whom such allotment shall be made according to the tenor of their several and respective Letters Patents herein after directed to be granted and in full satisfaction of any right claim or demand which by virtue of the said former Act can or may accrew for or in respect of any Adventures or arrears any retrenchment of a third part by this Act or other matter or thing in the said former Act contained to the contrary notwithstanding And in case any Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Connaght or Clare before the first of September One thousand six hundred sixty and three his or their Heirs Executors or Assigns shall be found to be in possession of any messuages Lands Tenements or Hereditaments which by virtue of any clause herein after following ought to be restored and delivered up to any person or persons herein after named the Commissioners for execution of this Act shall in the first place and before any such Restitution made cause so much other forfeited or vested Land to be set out as in quantitie of Acres will amount to full two third parts of the Land so as aforesaid to be restored and that the persons so to be removed be duly Possessed of and setled in his said two third parts according to the rules of this Act And the Commissioners for execution of this Act are hereby required and enjoyned to take care that the Estates and Interests of His Majesties Protestant Subjects in Ireland be setled with all convenient Speed and that such parts of this Act as have a rendencie thereunto be put in execution in the first place and before any other parts of this or the former Act which relate to other matters And to the end there may be as little change and alteration of Possessions as can consist with the ends and aimes of this present Act And that every persons improvements may be preserved unto him as much as is possible Be it further Enacted by the Authority aforesaid That where any Adventurer or Souldier or the Heir Executor assignee or assignes of any Adventurer or Souldier shall be found to have in his or their possession more Lands undecreed away than his or their full two third parts will amount to according to the aforesaid rules of distribution and allotment that in every such case it shall and may be lawful for him or them to continue possession of so much as the Commissioners shall adjudge his or their two full third parts to amount unto and to cut of the overplus at his or their own election in such manner as that the overplus relinquished or surrendred by him or them may be contiguous and as neer as may be within the same denomination
first of September One thousand six hundred sixty and three his or their Heirs Executors Assignee or Assignes who are not by the rules of this Act to be removed have been already removed or kept out from the possession of what they held or ought to have held on the Seventh of May One thousand six hundred fifty and nine yet neither by virtue of any Decrees made by the Commissioners for execution of the said former Act nor by virtue of any Proviso or Clause in the said Act contained or any other legal proceedings in which words Legal Proceedings Custodiams or any other Grant or Patent not confirmed or otherwise provided for by this Act and the proceedings thereupon are not intended to be comprehended that then it shall and may be lawful to and for the Commissioners for execution of this Act to order and decree all and every such person and persons so removed or kept out as aforesaid to be again restored and put into their possessions pro tempore until the last and final Decree touching the settlement of such person and persons shall be made and the respective Sheriffs and all other Officers and Ministers of Iustice whom it may concern and to whom any Precept or other Warrant in that behalf shall be directed are hereby required and enjoyned to see the some executed accordingly to the end that all and every person and persons so as aforesaid removed or kept out may by such temporary restitution be enabled to retain so much of the Land whereof they shall be so possessed together with their improvements as their two full third parts according to the aforesaid rules shall or may amount unto And be it further Enacted by the Authority aforesaid That all and every the Adventurer and Adventurers who adventured their money upon certain Ordinances or pretended Ordinances of Parliament made in the years One thousand six hundred forty three and One thousand six hundred forty seven commonly called the Doubling Ordinances shall be esteemed and are hereby declared Adventurers for no more than the principal money bonâ fide paid amounts to and that they their Heirs Executors Assignee or Assignes shall receive satisfaction for the moneys really and bonâ fide paid in and advanced upon the said Ordinances or pretended Ordinances in like proportion and manner as other Adventurers are to have by this Act and no otherwise that is to say by an allotment of so much land as may be sufficient to satisfie full two third parts of the principal money so paid in and advanced as aforesaid and no more to the intent that he and they may be equally gainers or loosers with other Adventurers and in the setting out of this proportionable satisfaction no regard is to be had of the quantity of Land whereof the Adventures upon the doubling Ordinances their Heirs Executors Assignee or Assignes were possessed the seventh of May One thousand six hundred fifty nine but onely of the original money truly paid in as aforesaid in the satisfaction whereof one third part is likewise to be retrenched and onely two full third parts to be satisfied as aforesaid Nevertheless it shall and may be lawful for him or them to continue the possession of so much as the Commissioners shall adjudge to amount unto his or their full two third parts in like manner as other Adventurers by this Act are enabled to do in case so much shall be left in his or their possession not decreed away by the Commissioners for execution of the said former Act. And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall cause one or more books to be made wherein the portion allotted to each Adventurer or Souldier or the Heir Executor Assignee or Assignes of such Adventurer or Souldier for and towards his and their two full third parts and the several Augmentations of any Archbishoprick or Bishoprick the allotment of Glebes and the provisions made for the Colledge of Dublin the maintenance of the Fort at Duncannon and the Corporation of Bandonbridge shall be particularly and fairly set down and entred and shall cause a Duplicate thereof to be made and returned into the Exchequer there to remain of Record and that upon a Certificate under the hands and seals of the Commissioners or the major part of them containing the lands allotted to any the persons or purposes aforesaid or to any Adventurer or Souldier or to the Heir Executor Assignee or Assignes of any Adventurer or Souldier for his or their two third parts and expressing the name or names of such persons with convenient descriptions and denominations thereof as to the number of Acres the Barony County and Province wherein the same do lie and the rents reservable as also the Tenure and Services and presented unto the Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being he the said Lord Lieutenant and other chief Governor or Governors of this Kingdom for the time being shall be and are hereby authorized and required upon request of the person or persons so producing and presenting the Certificate aforesaid to cause effectual Letters Patents under the Great Seal of Ireland to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons concerned by advice of His Majesties learned Council in the Law or some of them as the case shall require without expecting any further Letters or Warrants from His Majestie And for so doing this present Act shall be to them and every of them their sufficient discharge And be it further Enacted by the Authority aforesaid That all Letters Patents granted by virtue of this Act shall be and are hereby confirmed unto the several persons therein named according to the several and respective estates therein granted against the Kings Majestie his Heirs and Successors and all other persons claiming by from or under him or them and shall stand and be discharged of and from all forfeitures or pretended forfeitures for non-payment of rent or any sum of money now due or not putting in of Claims or not bringing in Field-books or Surveys and of and from all further inquiries into false admeasurements holding of lands profitable for unprofitable or any other Qualifications whatsoeuer and of and from all Measn profits arrearages and incumbrances not herein after excepted and shall stand and be good against all persons Bodies Politick and Corporate and discharged of all Estates tail and all other Estates of Freehold or Inheritance and all Reversions Remainders Titles and Interests whatsoever not Decreed by the Commissioners for execution of the said former Act or in the said former Act already allowed whereby the Patentees can or may be incumbred and discharged of all demands other than what are intended to be preserved by this Act and shall be reserved in the same Letters Patents Nevertheless it is hereby declared to be excepted and is further Enacted That no Letters Patents
subject to any Estate Remainder or other Incumbrance already decreed by the Commissioners for execution of the said former Act or allowed by the rules of the said former or this Act That then and in such case the Commissioners for execution of this present Act shall allot so much other forfeited land as may fully satisfie for such Incumbrance and cause the same to be entred in Books returned into the Exchequer To the end that upon Certificates made in manner aforesaid Letters Patents may be thereof granted and passed as aforesaid And therefore the Commissioners are with all speed to cast up the value of such Incumbrances as by reason of any former Decree shall charge any part of the said two third parts that so a recompence may be provided as aforesaid And in the estimate and valuation of such Incumbrances for which a recompence is to be provided the Commissioners are to proceed by such rules and measures as by the Instructions in the said former Act contained were given for the valuation and estimate of such Incumbrances on the Lands of Adventurers and Souldiers as were therein appointed to be satisfied out of the forfeited lands in the County of Kildare as neer as may be and as far as may stand with equity and justice And it is further Declared and Enacted That where any securities for money have been allowed by the Decrees of the Commissioners for execution of the said former Act wherewith any land set out and allotted or to be set out and allotted to any Adventurer or Souldier his or their Heirs or Assignes shall or may be incumbred that all interest thereupon due before the Nine and twentieth day of May One thousand six hundred and sixty shall be and is hereby discharged Nevertheless the interest already received shall not be repaid and from and after the Nine and twentieth day of May One thousand six hundred and sixty unto the times of the several and respective Decrees no further or greater interest shall be satisfied or paid for any the moneys due upon the said security than after the rate of Forty shillings per cent for one year And from and after the time of the respective Decrees full interest shall be satisfied and paid and further that lands shall be set out in full satisfaction of what shall remain due after such abatement made as aforesaid according to the rate of eight years purchase to such person or persons as shall be prejudiced by such Incumbrances by having his land liable thereunto or by his purchasing and buying in of the same and that no part of the land so allotted or detained as aforesaid may be subject to or charged with any other Incumbrance not Decreed by the Commissioners for execution of the said former Act or already allowed in the said former Act or this Act Be it Enacted That all every such Incumbrances as against the Adventurer or Souldier so setled as aforesaid other than such Incumbrances as are the proper act of the party so to be settled or those under whom he claims be utterly void of none effect And to the end that no person or persons who upon the seventh day of May one thousand six hundred fifty and nine was in possession of any lands Tenements or Hereditaments as an Adventurer or Souldier or as the Heir Executor or Assignee of such Adventurer or Souldier may hereafter be molested or impeached in the making out of his or their title in or to the lands so possessed or debarred of such satisfaction and other the benefits and advantages which by this Act is given to them who were so possessed as aforesaid for want of producing such Measn Conveyances or such legal and formal Assignments as in strictness of Law might otherwise be required Be it Enacted by the Authority aforesaid That where any person or persons or those under whom he or they claim were in possession of any Lands or Tenements upon the seventh day of May One thousand six hundred fifty and nine which were set out or reputed to be held and enjoyed for and towards the satisfaction of any Adventures or Arrears that there and in such cases no proof of the Measn Conveyances or other Assignments shall be required but the possession it self shall be and so is hereby declared a sufficient evidence of the Title unless the same Lands have been likewise claimed by some other Adventurer or Souldier his or their Heirs Executors Administrators or Assignes respectively In which case the Commissioners for execution of this Act shall upon such evidence as can be produced before them determine the Title And because there are several persons who pretend themselves able to discover much land which is detained and concealed by the Adventurers and Souldiers their Heirs or Assigns by false admeasurement although it be probable that after so long a tract of time such discoveries may not produce any great effect Nevertheless for the avoiding the scandal of such frauds and to give just satisfaction to all persons and interests who may pretend themselves to be prejudiced by such concealments Be it Enacted by the Authority aforesaid That the Lord Lieutenant or other chief Governor and Governors of Ireland and Council there for the time being shall have power upon information to them made of any such concealments by false admeasurement as aforesaid to cause a new survey to be made of the parcels and lots wherein such false admeasurement is pretended observing therein these rules and cautions following First That such information be given in within the space of three moneths next after the passing of this Act. Secondly That the Defendant or Defendants against whom such information is given be first heard before any new survey be ordered Thirdly That the Informer or Informers do first put in security by Recognizance acknowledged before the Lord Chief Iustice of the Common Pleas for the time being and with good and sufficient Sureties to be by him allowed to bear the whole charges of the new Survey and over and above to pay and satisfie unto the Defendant or Defendants his and their full Damages and Costs which they shall sustain by such prosecution and shall offer to make Oath of before the said Lord Chief Iustice in case that upon the return of such survey it shall not appear that the Defendant or Defendants against whom such new Survey is ordered were possest of more land by a full tenth part than he or they ought to have Fourthly Where any new Survey is ordered the same shall be taken by two Surveyors to be chosen for that purpose one by the Informer the other by the Defendants and both Surveyors shall be sworn Fifthly Where the Books of Distribution and the Down Survey agree in the satisfactions which have been allotted to any Regiments Troops Societies or persons or do not differ more than in one tenth there no resurvey shall be ordered notwithstanding such information Sixthly What overplus soever shall appear upon
said Letters Patents shall be of like force and effect as any other Letters Patents granted to Adventurers or Souldiers by virtue of this Act are or ought to be but if the lands so granted as aforesaid shall exceed the value of such Augmentation as by the said former Act was intended to be settled on the Archbishop or Bishop to whom the said lands were granted then the Commissioners for execution of this Act shall cause such Retrenchment of the overplus to be made as may leave unto the respective Archbishops and Bishops his and their due Augmentations and Allowances with as much conveniency and contiguity as may be and the Lands and Tenements so left unto the said Archbishops and Bishops shall be held and enjoyed by them and their Successors respectively as fully and amply as the same might have been enjoyed in case the lands granted by the said Letters Patents had not exceeded the value intended by the said former Act and the said Letters Patents as to so much of the lands therein contained which shall be retrench'd by the Commissioners as aforesaid are hereby declared to be null and void and the lands so retrench'd shall remain and be vested in His Majestie to the uses of this present Act And if the lands so granted as aforesaid shall fall short of the value of such Augmentations as in and by the said former Act was intended to be settled the Commissioners for execution of this Act shall cause the same to be supplied and made up by a further allotment out of such lands and in such way and manner as by the said former Act was directed And it is further Enacted That in lieu of such provision for glebes as by the said former Act was intended the said Commissioners shall likewise set out so many Acres of Land more as may be sufficient to endow or supply all and every the Parochial Churches in this Kingdom with ten acres of Glebe at the least except such Parochial Churches as are endowed with the like or a greater quantity of Glebe already and that the same be so allotted as may be most contiguous and convenient to and for the several and respective Parish Churches hereby intended to be endowed in which provision Parishes united or to be united by virtue of an Act intituled An Act for real union and division of Parishes and concerning Free-Schools and Exchanges are to be understood but as one Parish and Parishes within great Cities and walled Towns are not at all intended to be comprehended and the like care both for contiguity and conveniency is to be had in the setting out of the Augmentations of the several Archbishopricks and Bishopricks not already provided for as aforesaid as far as may be without the too great prejudice of the present Possessor who is to be removed and after the lands set out for the several Augmentations and Glebes as aforesaid the Commissioners shall certifie their proceedings to the Lord Lieutenant or other chief Governour and Council for the time being And in case the proceedings of the Commissioners shall be there approved and allowed then the lands set out for Augmentations and Glebes as aforesaid shall be and are hereby vested and settled respectively in the several and respective Archbishops and Bishops and Incumbents of Parochial Churches and their Successors for ever and Letters Patents thereof are to be passed to them and their respective Successors in like manner as is directed in the cases of Adventurers and Souldiers and to be of like effect subject nevertheless to the Quit Rents hereafter mentioned and no other And to the end the Revenues of the Church may be more speedily settled Be it further Enacted by the Authority aforesaid That the Lands held or reputed to be held in Fee Farm of any Archbishop or Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their Politick capacity and by this Act vested in His Majestie and the several Impropriations forfeited to and by these Presents vested in His Majestie shall be permitted to remain and continue in the possession of the several Archbishops Bishops and other Incumbents until the several and respective Augmentations Endowments and Glebes set out and satisfied as aforesaid and from and after the Augmentations satisfied the residue of the lands held in Fee Farm as aforesaid shall remain subject to the uses of the former Act not changed by this Act and to such other uses as in this Act are limited and appointed And all and every the Impropriations or appropriate Tythes vested in His Majestie by these Presents or otherwise escheated to His Majestie in Right of His Crown and by the said former Act vested and settled in the present and future incumbents and their Successors shall likewise remain and be vested in the present and future Incumbents and their Successors Subject nevertheless to such reservations provisoes conditions exceptions and other limitations Authorities and dispositions as by the said former Act the same were made Subject unto so alwayes that all and every the matters and things which by the former Act were limited and appointed to be done within the space of two years from and after the passing of the said Act be likewise done within the space of two years from and after the passing of this present Act. And be it further enacted by the authority aforesaid that all guifts grants feoffments fines and other conveyances hereafter to be made by any Archbishop or Bishop of any Mannors Lands Tenements or Hereditaments which by virtue of or in pursuance of this or the said former Act intituled 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 have already been or hereafter shall be granted unto or settled upon any Archbishop or Bishop and his Successors as an augmentation of the revenue of such Archbishoprick or Bishoprick respectively other than for the term of one and twenty years or three lives from such time as any such lease grant or assurance shall begin And whereupon the full moyety of the yearly value and improved rent as the same are now worth to be let shall be reserved and payable during the said term of one and twenty years shall be utterly void and of none effect to all intents and purposes This Act or any other Act law custome or usage to the contrary notwithstanding And the Commissioners for Execution of this Act shall likewise set out or cause to be set out so many more acres of profitable Land as may be of the yearly value of three hundred pounds per ann or may be sufficient to answer and secure a yearly rent charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the support and maintenance of the Provost of Trinity Colledge neer Dublin and his Successors
all deductions by the said Order appointed to be made be made accordingly which being done the said Commissioners are to proceed to the setting out of satisfaction to the said Officers or their Assignes pursuant to the Rules of this Act and the said Order and not otherwise Saving to Charles late Earl of Mountrath his Executors and Assigns the benefit of six thousand pounds due for service before the fifth of June One thousand six hundred forty nine which is hereby declared shall be satisfied and paid out of the securities aforesaid equally and in like proportion to and with any other persons who are to be satisfied their arrears and have yet received no satisfaction for the same Any thing in the said Order of the Twelfth of January or herein before contained to the contrary notwithstanding Saving also unto Edward Lord Vicecount Conway and Kilulta the satisfaction of such arrears as are due to him for his own service or for his Fathers service in Ireland before the fifth of June One thousand six hundred forty nine in such manner and form as the same ought to have been satisfied if no such Order had been made by the Lord Lieutenant and Council upon the twelfth of January One thousand six hundred sixty three Any thing in the said Order or in this Act to the contrary notwithstanding And whereas your Majestie taking into your Princely consideration of how great importance it is to the security peace and good settlement of this your Kingdom of Ireland that the Maritime Towns and other places of strength should be put into such hands are are capable to carry on the plantation and settlement of those places whereby the further ruine of the houses in those Towns will be prevented and Commerce and Trade recovered to the great encrease of your Majesties Revenue was graciously pleased by one or more Letters under your Royal signature to direct and appoint that Wentworth Earl of Roscommon and Roger Earl of Orrery should have the priviledge of preemption and be first satisfied out of the forfeited houses of your Majesties City of Limerick Be it therefore Enacted by the Authority aforesaid That Wentworth Earl of Roscommon and Roger Earl of Orrery their Heirs and Assigns in the distribution and setting forth of the security appointed for the satisfaction of the arrears of the Commissioned Officers who served your Majestie and your Royal Father in Ireland before the fifth of June One thousand six hundred forty nine shall have the preference and primer satisfaction of Fifty thousand pounds of their own personal arrears or other arrears purchased by them out of the forfeited Houses Lands Tenements and Hereditaments in the City Suburbs and Liberties of Limerick which are part of the said securities at the rate of eight years purchase as they are or should be found to be really and bonâ fide worth and if any doubt or difficulty should arise concerning the value of the said Houses or Lands so as the Trustees for the said Officers shall not be satisfied with the return already made of the value of the same that in such case upon the desire and request of the said Trustees there shall be a new survey and valuation of the said Town and Liberties by such persons as shall be appointed by your Majesties Commissioners for the execution of this Act by and with the consent of the said Trustees according to which return the said Houses Lands Tenements and Hereditaments are to be sold and not otherwise And in case the said Earls their Heirs and Assigns or any of them shall offer unto your Majesties said Commissioners for the execution of this Act any Debentures of Officers who served as aforesaid before the fifth of June One thousand six hundred forty nine for or in part of payment for all or so much of so much of the said houses and premises as shall be valued to be worth Fifty thousand pounds as aforesaid the same shall be allowed and the said Commissioners are hereby authorized and required to accept and receive the same for all or in part of the said Fifty thousand pound so as the said Debentures are capable of Prior satisfaction and there has been such deductions and defalcations made as are directed by this Act and the said former Act and shall not be accepted to satisfie more in the pound than the whole security will hold out to satisfie the Debentures of the rest of the said Officers And the said Commissioners are also required and authorized to give such Certificate as is necessary for the passing of Patents thereof according to the Rules in this Act. And be it further Enacted by the Authority aforesaid That all and every the Protestants who before the first day of September One thousand six hundred sixty three purchased lands in the Province of Connaght or County of Clare from any transplanted or transplantable person and the Heirs Executors Assignee or Assignes of such Protestant purchasor shall hold and enjoy and be continued and confirmed in such two third parts of all and singular the lands Tenements and Hereditaments so by them purchased as aforesaid whereof they are now in possession which by the Commissioners for the Execution of this Act shall be allotted to them and shall hold the same for and during such respective estates as were purchased freed and discharged from all penalties and forfeitures and all inquiries or qualifications whatsoever and of and from all estates titles and interests claims or demands as fully and amply as any Adventurer or Souldier ought to enjoy his or their full two third parts herein before expressed And that the Commissioners for Execution of this Act do proceed with all expedition possible to the setting out of the two thirds and cause the same to be entred in Books in like manner as is before prescribed in the Settlement of Adventurers and Souldiers to the end that the persons concerned in the said two thirds and their Settlement thereupon may be enabled to demand Letters Patents thereof in like manner as any Adventurer or Souldier may demand for his part which is hereby Enacted shall be granted accordingly and be as effectual to the respective persons therein mentioned to all intents and purposes as any Letters Patents granted to any Adventurer or Souldier in pursuance of this Act are or ought to be Nevertheless it is hereby declared That the persons to be settled as aforesaid shall have the benefit of all their respective improvements as neer as may be And shall have like liberty and advantage in Retrenchment of that third part which they are to relinquish and upon like terms and conditions as the Adventurers and Souldiers are to have in the Retrenchment of that part of their possessions which shall exceed their full two third parts and whatever shall be so Retrencht from the said Protestant purchasors or from any Adventurer or Souldier his or their Heirs Executors Administrators or Assignes shall remain in His Majestie his
be as against the said Duke or Dutchess their Heirs and Assignes utterly barred and extinguished Saving nevertheless to the said Duke and Dutchess their Heirs and Assigns and to such other person and persons as are concerned in the uses expressed in one Quadripartite Deed bearing date the twentieth day of December One thousand six hundred sixty one the full benefit and advantage of all such Tenures chief-rents and other services as the said forfeited and forfeitable Lands and Tenements were held by other than the benefits and advantages of Wardships and Tenures by Knights Service in as full and ample manner as the said Duke and Dutchess did hold or enjoy or might have held or enjoyed the same upon the Two and twentieth day of October One thousand six hundred forty one or at any time since Saving also to the said Duke and Dutchess of Ormond their Heirs and Assigns the benefit of all forfeited and forfeitable Estates vested in His Majestie and held of them or either of them as aforesaid their or either of their Ancestors and which were never allotted to any Adventurer or Souldier in which words it is hereby declared That the Estates allotted or set out to any Souldier for service in England or elsewhere other than in Ireland are not to be understood or comprehended nor the Estate of any Adventurer upon the doubling Ordinances for more than such Adventurer is to have by the rules of the said former Act for the sum by him disbursed as other Adventurers nor the estate of any Adventurer who claimeth for sea-service nor the estate allotted to any person whatsoever by the free gift of the late Vsurpers or of the then usurped Government but that all such estates shall be and remain unto the said Duke and Dutchess their Heirs and Assigns as they did or ought to have been at any time before the making of this Act And also saving unto the said Duke and Dutchess their Heirs and Assigns the full benefit and advantage of all other matters and clauses in the said Declaration former Act contained not herein hereby expresly changed and altered and by the said Duke Dutchess waved parted withall which are hereby declared to remain and be in full force as they were before the makng of this Act. And whereas the most part of the Houses and Lands in the City of Kilkenny and in the several Towns of Clonmel Carrick Callin and Inistioge Traly and Dingle and in the Suburbs and Liberties of the said City and Towns were held the Three and twentieth day of October One thousand six hundred forty and one of the said Duke of Ormond either in his own right or in right of the said Duke or Dutchess his wife by reason whereof the forfeited and forfeitable interest of any person or persons in the said houses and lands were not by the said Declaration and former Act to be settled in any Adventurers or Souldiers or any other person whatsoever other than the said James Duke of Ormond and his Heirs of which Concession if the said James Duke of Ormond did take the advantage and full benefit as he might the same would tend to a great diminution of the security designed for satisfaction of the Commissioned Officers serving in Ireland before the fifth day of June One thousand six hundred forty and nine And be the said James Duke of Ormond might likewise as a Commissioned Officer charge the remain of the said security with his arrears amounting to Threescore thousand pounds sterling accompting to the tenth of December One thousand six hundred and fifty yet is content to accept of the said Houses and Lands in full discharge of his said arrears Be it therefore Enacted by the Authority aforesaid That the said James Duke of Ormond shall have hold and enjoy to him and his Heirs in full satisfaction and discharge of the said arrears all and singular the forfeited and forfeitable Houses and Lands lying and being in the said City and in the said several Towns and in the Suburbs and Liberties thereof other than what hath been given out to Adventurers and Souldiers and by them their Heirs or Assigns were possessed upon the seventh day of May One thousand six hundred fifty and nine Any thing in this or the said former Act to the contrary notwithstanding He the said James Duke of Ormond and his Heirs paying and satisfying to His Majestie his Heirs and Successors yearly for ever out of the said Houses and Tenements in the said City and several Towns and in the Suburbs and liberties thereof one shilling six pence yearly out of every twenty shillings yearly rent which shall be had or answered out of the said Houses or Tenements And the said Vice-treasurer is hereby further required and enjoyned to issue out and pay the whole residue of the said three hundred thousand pounds unto such person and persons as his Majestie already hath or hereafter shall appoint as a Reward of their Eminent services and sufferings for His Majestie or His Royal Father And for preventing of all doubts which may arise in the issuing and payment thereof It is hereby declared that the same shall principally and in the first place be applyed to and for the payment and discharge of such summs of money as his Majestie did heretofore appoint to be payd out of the half years Rent payable by Adventurers and Souldiers by the said former Act That is to say to and for the payment and discharge of such summ or summs of money appointed by His Majestie to be payd to his Grace James Duke of Ormond or so much thereof as is in arrear and also for the payment and discharge of so much money as the half years Rent payable by Adventurers and Souldiers in the Counties of East and Westmeath Wexford and Kilkenny would have amounted to in case the same had not been discharged by this present Act which shall now be payd out of the residue of the said three hundred thousand pounds unto the Assignee of the half years Rents in the Counties aforesaid deducting only what hath been already received And be it further Enacted declared and explained by the Authority aforesaid That all the Honors Mannors Castles Messuages Lands Tenements and Hereditaments of the Regicides in the said former Act named and of all other seized or possessed in trust for them or any of them or claiming by from or under them or any of them which by the said former Act were or ought to be vested in His Royal Highness James Duke of York and Albany Earl of Ulster c. and his Heirs and of all other persons excepted in the Act passed in the Parliament of England intituled an Act of free and general pardon Indemnity and Oblivion or His Majesties late gracious Declaration and Instructions in the said former Act mentioned whose estates are not otherwise disposed other than the lands of such purchasors for valuable consideration from any of the said Regicides who have
by the Decree of the said Commissioners nor any other person or persons claiming under such Decree shall be permitted to sue or prosecute the person or persons against whom such Decree was made his or their Executors or Administrators or any of their Tenants or Assigns touching or concerning any Measn profits of the Lands and Tenements so as aforesaid decreed but that all Suits Actions and Demands touching or concerning such Measn profits and all prosecutions therefore whether in law or equity shall be and are hereby barred and excluded and all and every person and persons liable to such actions molestations and prosecutions shall be thereof for ever acquitted and discharged Any thing in this or the said former Act contained to the contrary notwithstanding And because many persons did put in their claims before the Commissioners for execution of the said former Act as innocent persons thereby demanding some small parcel of land onely or deriving his or their title to some small part from some Irish Papist and thereupon no opposition being made the said Commissioners declared the said Claimant or the person under whom the Claimant derived to be innocent quo ad hoc since which time the said Claimants and the said persons under whom they derive alleaging themselves to be declared innocent enter upon great estates in several Counties as devested out of the Crown by such Iudgement of Innocence pretending the limitation of that Innocence by the words of the Decree quo ad hoc to be repugnant and impossible contrary to the intention and meaning of the said Commissioners by them publickly declared whereas if the whole estates to which the said persons now pretend had been then in question before the said Commissioners the several Adventurers and Souldiers therein concerned had been summoned to have taken notice thereof and might have made such opposition and produced such proof of their nocency as they thought fit Be it therefore Enacted That no Decree wherein any person or persons have been declared innocent quo ad hoc shall give such person or persons any title by virtue of any such Decree to enter upon or enjoy any more or other lands than what were particularly mentioned in such Decrees but that all other the lands of such person or persons declared innocent quo ad hoc which were sequestred upon the accompt of the late Rebellion or War shall remain and continue in His Majestie to the uses of this and the said former Act Any thing in either of the said Acts to the contrary notwithing Provided also and be it Enacted That nothing herein contained shall extend in any wise to ratifie or confirm the Decree made by the Commissioners for execution of the said former Act wherein and whereby Oliver Earl of Tyreconnel hath been declared to be nocent but that the said Decree and every part thereof shall be and so is hereby declared to be null and void as if the same had never been had or made and that the said Oliver Earl of Tyreconnel and all others who upon the Three and twentieth of October One thousand six hundred forty one or at any time since were or are seized to his use or in trust for him or in trust for Sir Thomas Fitz William late Vicecount Meryon Father to the said Earl or Christopher Fitz Williams Vncle to the said Earl or in trust for the Countess of Tyreconnel Wife of the said Earl of Tyreconnel for her separate maintenance or claiming by from or under him the said Earl of Tyreconnel shall be and continue in such like estate and condition and no other nor better than he or they ought to have been in case no such Decree had ever been made subject nevertheless to such Quit Rents as by this Act are imposed Any thing herein or in the said former Act contained to the contrary notwithstanding And be it further Enacted That the said Oliver Earl of Tyreconnel shall hold and enjoy to him and his heirs the lands in Cappock in the County of Dublin and Hanlaston and Athronan in the County of Meath mortgaged by the Lord Vicecount fitzs William his Father now forfeited to His Majestie and that His Majesties Letters Patents under the Great Seal of England bearing date the eight day of June in the sixteenth year of His Majesties Reign containing His Majesties gracious pardon to the said Earl of Tyreconnel and a clause of Restitution of all the lands and Tenements of the said Earl shall be and is hereby confirmed and shall be held and enjoyed accordingly subject to Quit Rents as aforesaid Provided always and it is hereby Enacted and Explained That no lands whereof the Provost Fellows and Scholars of the Colledge of the holy and undivided Trinity of Queen Elizabeth neer Dublin were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession nor any lands held by virtue of any Grant Lease or Fee Farm from the said Provost Fellows and Scholars and forfeited to His Majestie shall be disposed by virtue of this or the said former Act but that they and every of them remain and be in the said Provost fellowes and scholars and their Successors for ever Subject nevertheless to the payment of such Quit rents for the said forfeited lands as Adventurers or Souldiers by virtue of this or the former Act ought to pay any thing in this or the said former Act contained to the contrary notwithstanding And because several persons have been decreed innocent but nevertheless have not been restored to the lands which they claimed before the Commissioners for Execution of the said former Act but have been left to the course of law for the recovery of their possessions by trying their titles grounded upon the validity of those evidences by which they pretended to claim Be it therefore Enacted by the Authority aforesaid That all and every person persons who were defendant or defendants in the suit or claim upon which such decree was made as aforesaid and those claiming by from and under them shall within three months next after the sitting of the Commissioners for Execution of this Act declare and make his and their election by writing under his and their hands and Seals or under the hands and Seals of his and their Atturneys or Agents thereunto lawfully authorized whether they will immediately deliver up and relinquish the possession of the lands in controversy unto the Kings Majestie and resort to their proportionable satisfaction out of other forfeited lands which if they do elect they are to be admitted accordingly and shall be satisfied his and their full two third parts and so much more as may be Equivalent to his and their buildings and improvements and then shall part with the said lands or whether they will rather abide the tryal at law which if they do elect and the Irish claimant should fail to prosecute his title or a verdict or judgement shall be given against
such Irish claimants or the person or persons who shall derive under such Irish claimant then shall such Adventurer or Souldier or other person or persons his or their Heirs Executors or Assignes who shall be concerned in that suit for ever and finally hold the said land in question and every part thereof to him and his Heirs but in case verdict or judgement be given for the title of the Irish claimant or no such election be made as aforesaid the Adventurer or Souldier or other person his or their Heirs Executors or Assignes shall be excluded from demanding or having his two third parts or any other satisfaction which otherwise he might have had in respect of such land so recovered as aforesaid Nevertheless it is hereby declared that no other title shall be admitted to be alleaged or given in evidence by such Irish claimant or any claiming under them but such title as was alleaged in the claim exhibited before the Commissioners for the Execution of the said former Act Provided that if any secret agreement be made between the Irish Claimant and the partie concerned as aforesaid directly or indirectly and the person so agreeing shall obtain any satisfaction for or in respect of the lands so agreed for that then and in such case the party so offending shall forfeit double the value of the lands so obtained one Moyety to the Kings Majestie the other Moyety to the Informer to be recovered in like manner as other forfeitures are herein appointed to be recovered And be it further Enacted that all and every person and persons who now have any grants or Patents of any lands Tenements or Hereditaments or of any titles of honour or dignity or of any annuity pension office or imployment within this Kingdom not already enrolled do cause the same to be enrolled in the Chancery of Ireland within the space of two years next after the Royal assent to this Bill actually given under pain of forfeiture of two years value of any lands Tenements annuities pensions or offices whereof the Patents shall not be enrolled as aforesaid one Moyety to the Kings Majestie his Heirs and Successors the other Moyety to him or them that shall will sue for the same to be recovered by action of Debt Bill Plaint or information in any Court of Record wherein no essoyne protection or wager of law to be allowed or any more than one imparlance and that all every person persons having any Patents touching or concerning any title of honour or dignity not already enrolled or to be enrolled within the time aforesaid shall forfeit and loose the summ of one hundred pounds sterling one Moyety thereof to the Kings Majestie his Heirs Successors the other moyety to him or them that shall will sue for the same to be recovered as aforesaid And it is further Enacted by the Authority aforesaid That all Letters Patents hereafter to be granted of any titles of honour offices or lands whatsoever shall contain in the same Letters Patents a clause requiring and compelling the said Patentees to cause the said Letters Patents to be enrolled in the Chancery of Ireland within a time therein to be limited and all Letters Patents wherein such clause shall be omitted are declared to be utterly void and of no effect Provided alwayes and be it Enacted that nothing in this or the said former Act contained shall extend to prejudice or alter the right title or interest which Elizabeth Countess of Guilford hath or ought to have in the Mannors Castles Towns Villages Messuages lands Tenements or herediments lying or beeing in the County of Cork and now in the actual possession of her the said Countess or her Assignes as the jointure or Dower of her the said Countess the relict of the late Lord ViceCount Kynalmeaky but that the same be possessed and enjoyed by her the said Countess and her Assignes in the same state and condition and no other as she held and enjoyed the same before the first sitting of this present Parliament any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Charles Lord ViceCount Fitz Harding Treasurer of His Maiesties House-hold shall hold and enjoy to him and his Heirs all and singular the lands Tenements and Hereditaments lately granted or mentioned to be granted unto Charles late Lord ViceCount Fitz Harding afterwards Earl of Falmouth and his heirs in and by certain Letters Patents thereof passed under the Great Seal of Ireland And it is hereby declared that the Adventurers and Souldiers and Protestant purchasors of lands in Conaght and Clare their Heirs and Assignes who shall be thence removed shall be satisfied his and their two third parts in like manner as any other Adventurer or Souldier ought to be satisfied by the rules of this Act Provided alwayes that if His Majestie shall at any time within the space of two years next and immediately ensuing pay or cause to be paid unto the said Charles Lord ViceCount Fitz Harding his heirs or Assignes the summ of twenty thousand pounds at or in the middle Temple-Hall in London upon notice thereof first given to the said Charles Lord ViceCount Fitz Harding and his heirs by the space of one week before such payment then all and singular the lands in the said Letters Patents mentioned shall return to and remain in his Majestie his heirs and Successors to the uses of this Act and that until the whole summ of twenty thousand pounds shall be paid and satisfied as aforesaid it shall and may be lawful to and for the said Charles Lord ViceCount Fitz Harding and his Heirs to retain and keep possession of the premisses and the profits thereof to receive and convert to his and their own use without any account to be therefore made any thing herein before to the contrary notwithstanding And whereas Lewis Lord Vicecount Clanmalira being but tenant in tail of certain lands in Ireland exhibited his claim before the Commissioners for Execution of the said former Act but the same remained undetermined and no other claim was exhibited by any other person to any part of the lands of the said Lewis Lord Vicecount Clanmalira either in possession or reversion or remainder except only the claim of Sir Henry Bennet Knight now Lord Arlington His Majesties principal Secretary of State to the reversion thereof in fee being granted to him the said Sir Henry Bennet now Lord Arlington by His Majesties Letters Patents bearing date the fifth day of November in the fourteenth year of his Majesties Raign which claim was by the said Commissioners allowed in so much that the estate and interest of such Adventurers and Souldiers who were formerly planted thereupon are become very doubtful and that as at the best they were not to continue longer than during the said estate tail so now it may be doubted in law whether they be of any continuance at all and
four Courts in Dublin between two and five of the Clock in the afternoon shall think fit and assess which said sum or sums so to be assessed and raised shall not exceed two pence for every profitable Acre which shall be by virtue of this Act confirmed unto them their Heirs and Assignes now in their possessions or at any time hereafter shall be confirmed upon them respectively and shall be paid unto the Receivers herein after mentioned and shall be disposed by them or any three or more of them for and toward the end aforesaid and not otherwise Provided alwayes that of the three there be alwayes one of the Peers and two of the Commoners before specified and for default of payment of any summ or summs so assessed it shall and may be lawful to and for the persons aforesaid or any three or more of them or such other person or persons as they shall direct and appoint to levy by distress and Sale of the Goods and Chattels of such person or persons so making default double the summ that shall be upon him or them assessed and in arrears rendering the overplus to the partie distrained And whereas amongst several Bils certified and transmitted under the Great Seal of Ireland unto his Majestie in his High Court of Chancery in England by a certificate bearing date at Dublin the thirteenth day of May in the sixteenth year of His Majesties Raign a Bill is transmitted intitled an Act for settling of Certain lands of Erasmus Smith Esq for charitable uses Be it further Enacted by the Authority aforesaid That all the lands Tenements and Hereditaments in the said Bill mentioned and thereby intended to be disposed for charitable uses and not already Decreed away by the Commissioners for Execution of the said former Act shall be continued applyed unto and preserved intirely for such pious and charitable uses and that the Commissioners for Execution of this Act shall not allot or distribute the said lands or any part thereof or suffer the same to be allotted or distributed to any Adventurer or Souldier in pursuance of this Act And where any of the lands set out by the said Erasmus Smith to pious or charitable uses have been evicted recovered or charged by any Decrees which are confirmed by this Act the Commissioners for Execution of this Act shall cause a like quantity of forfeited and profitable Acres within the County of Lowth if so much can there be found or otherwise elsewhere to be set our and allotted to the same pious uses as may be sufficient to recompence the loss which hath hapned by such Decrees as aforesaid any thing in this or the said former Act to the contrary notwithstanding and Whereas several lands and Tenements in the County of Tipperary heretofore in the possession of Erasmus Smith upon the Seaventh day of May One thousand six hundred fifty and nine and claimed by him as an Adventurer according to the rules of His Majesties late Gracious Declaration and the said former Act were after the said Declaration and before the passing of the said Act granted by His Majesties Letters Patents unto Sir John Stephens and his Heirs as lands concealed which grant nevertheless might at any time by the rules of the said former Act have been revoked by His Majestie if His Majestie had not been pleased since the passing of the said Act to release his power of Revocation by reason whereof great suits and controversies are likely to arise between the said Erasmus Smith and the said Sir John Stephens and such as do or may hereafter claim under them respectively to the end therefore that speedy right and justice may be done and the said controversies appeased and determined Be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall examine the right and title of the said Erasmus Smith and of the said Sir John Stephens in and to the said lands and Tenements and if they shall find that the said Erasmus Smith or those under whom he claims were on the Seaventh of May One thousand six hundred fifty and nine seized or possest of all or any the said lands as an Adventurer or Adventurers or as the Heir or Assignee of any Aduenturer then they shall forthwith restore the possession to the said Erasmus Smith to be held by him and his Heirs and Assignes in like manner and proportion as other Adventurers ought to enjoy their several and respective proportions according to this Act in which case the said Erasmus Smith is hereby enabled to sue for and recover the Measne profit thereof received but if they shall find the said lands to have been held by the said Erasmus Smith without any such title as aforesaid and that the same were concealed from his Majestie at the time of the passing of the said Letters Patents then they shall adjudge the said lands or so much thereof as they shall find to be so concealed to Sir John Stephens and his Heirs to be held by him and his Heirs according to the tenor of his said Letters Patents and such judgement and Decree as the said Commissioners shall make touching the premisses shall be and is hereby made concluding to the said Erasmus Smith and the said Sir John Stephens their Heirs and Assignes any thing in the said Letters Patents or in the said former Act contained to the contrary notwithstanding And whereas William Mountgomery of Rosemound in the County of Down Esq did purchase of several persons certain Debentures which were due for service done in Ireland since the fifth of June One thousand six hundred forty and nine and placed the same in and upon the purchase of a part of his own Estate called or known by the name of the Mannor of Florida in the County aforesaid then set out or set a part by reason of or upon accompt of the said late Rebellion or warr since which time the said William Mountgomery hath by the Commissioners for the Execution of the said former Act been declared adjudged an innocent Protestant and thereupon the said Mannor of Florida together with the rest of the Estate of the said William Mountgomery hath been decreed unto him by reason whereof the Debentures so purchased and placed thereupon as aforesaid do remain wholy unsatisfied Be it therefore Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out or cause to be set out unto the said William Mountgomery so much forfeited Land as may be sufficient to satisfie the said Debentures in like manner and form and according to such Rates and proportions as any other like Debentures ought by the Rules of this Act to be satisfied as fully amply as any other purchaser or Assignee of the said Deventures ought to have been satisfied in case the same had been placed on the said Mannor so evicted or decreed as aforesaid And whereas in and by a certain Clause in the said former
Act Colonel John Fitz Patrick of Castle-Town in the Queens County is restored in blood and also restored unto and vested in the real and actual possession and seizin to him and his Heirs of all and every the Castles Mannors Lands Tenements and Hereditaments reversions 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 upon which words Seized or possessed some doubt or question in law may arise how far the said clause may avail the said Colonel Fitz Patrick by reason that a certain Office or Inquisition was found in the nineteenth year of King James by which His Majestie is or may be intiled or presented to be intitled to the whole Territory of Upper Ossery within which place the Lands intended to be restored to the said Colonel John Fitz Patrick do lye and so by consequence the seizin and possession thereof which was in the said Colonel John Fitz Patricks Grandfather at the time of the said Office or Inquisition found may be from the said nineteenth year of King James conceived to have been in the Kings Majestie and not not in the said Colonel Fitz Patricks Grandfather or any other in trust for him although he or some of them were then in the Actual possession and occupation thereof and received the profits Be it therefore Enacted and explained by the Authority aforesaid that the said Colonel John Fitz Patrick shall hold and enjoy to him and his Heirs the full benefit of the clause and provisoe in the said former Act contained the said Office of Inquisition or any other matter or thing in the said former Act or this present Act to the contrary notwithstanding And it is hereby declared and Enacted that all and every the Adventurers and Souldiers their Heirs and Assigns to whom any Lands or Tenements in the Queens County were set out and allotted and whereof they were possest the seventh of May One thousand six hundred fifty and nine the Lands of the said John Fitz Patrick excepted shall hold and enjoy such part of the said Lands and Tenements as will be due to them by the Rules of this Act the said Office or Inquisition in the nineteenth year of King James to the contrary notwithstanding Provided alwaies that all and singular the Clauses in the said former Act contained wherein or whereby any Mannors Lands Tenements or Hereditaments are granted to or vested in Theobald Earl of Carlingford or whereby any other benefit or advantage can or may accrue unto the said Earl of Carlingford shall be and are hereby again confirmed and shall be enioyed by the said Earl of Carlingford in as full and ample manner as in the said Act is contained any retrenchment change or other alteration thereof made by the Lord Lieutenant and Council of Ireland and any other clause matter or thing in the said former Act or this present Act contained to the contrary thereof in any wise notwithstanding Provided alwaies and it is hereby declared and Enacted That Sir Richard Ingoldsby Knight of the Bath and Sir Henry Ingoldsby Baronet shall hold enjoy to them and their Heirs all and singular the Lands within and contiguous to the Mileline in the County of Clare which were set out to them or either of them in satisfaction of fifteen hundred and fifteen pounds eleaven shillings two pence with their Houses and Gardens in Limerick and also all and every their Lands of which they or either of them were possessed by themselves or their Tenants the seventh of May One thousand six hundred fifty and nine such part of the Premisses onely excepted as have been Decreed away by the Commissioners for Execution of the said former Act any thing in this or the said former Act contained to the contrary notwithstanding And Whereas Captain Henry Finch late of Londonderry Deceased in pursuance of a Commission from Sir William Parsons and Sir John Birlacy sometimes Lords Iustices of Ireland did in the moneth of November One thousand six hundred forty one levy and Arm a Company of Foot consisting of One hundred Men besides Officers in the County of the City of Londonderry and maintained the said Company for three years at his own charges and continued in the command of the said Company against the Rebels from the moneth of November One thousand six hundred forty one until the moneth of October One thousand six hundred forty and eight and was then disbanded without receiving any the least satisfaction and yet nevertheless the arrears due to the said Henry Finch for his service before the fifth of June One thousand six hundred forty nine have not been cast up nor stated by the Commissioners for Execution of the said former Act partly by reason of some doubt conceived that the said Company was not upon the establishment of the Ulster Army Whereas in truth the said Company was received into the said establishment though the Order whereby the same should be made appear could not then be produced and partly by reason of other accidents Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and before any distribution made of the Houses lands Tenements Hereditaments or summs of money herein before appointed for the security and satisfaction of such Commissioned Officers as served before the fifth of June One thousand six hundred forty nine cast up and state the arrears which were due to the said Henry Finch Deceased for the service aforesaid and that after the arrears so stated William Finch and Henry Finch Sonns and Administrators of the said Henry Finch Deceased shall be satisfied and paid and are hereby Enabled to demand and receive satisfaction equally and proportionably having respect to the arrears stated and in like manner as any other Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine and whose arrears are stated and allowed by the Commissioners for Execution of the said former Act may or ought to be satisfied and as fully and amply as if the arrears which were due to the said Henry Finch Deceased had been stated and allowed within the time limited by the said former Act any thing in the said former Act or this present Act contained to the contrary notwithstanding And whereas Alice Countess Dowager of Barrimore would have been lawfully intitled unto the payment of and satisfaction for the several respective arrears which were due unto David late Earl of Barrimore ber Husband and to James Barry her son deceased as Commissioned Officers for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Dennis Muschampe Esq would
have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to Agmondisham Muschamp Esq his deceased Father as Lieutenant of the Ordinance in Munster and a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty and nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Sir Alexander Keith Knight would have been lawfully intitled to the payment of and satisfaction for the Arrears due to Lieutenant Colonel George Keith as a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been stated and allowed within the time limited as aforesaid And whereas also Captain John Annesley served in Ireland as a Commissioned Officer before the fifth of June One thousand six hundred forty nine and ought to be satisfied and paid the Arrears due to him for such service if the same had been timely stated and allowed as aforesaid And whereas also Margery Symmes the relict of Major John Symmes would have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to the said Major John Symmes her deceased Husband as a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Colonel Robert Broughton and Widow Cooper late wife of Josuah Cooper Major in Sir Foulke Huncks Regiment would have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to them the said Robert Broughton and Josuah Cooper for service done in Ireland before the fifth of June One thousand six hundred forty nine that is to say from the four and twentieth of May One thousand six hundred forty two until the six and twentieth of January One thousand six hundred forty three if the same had been duely stated so farr and allowed within the time limited by the said Act And whereas Horatio Woodhouse Brother and Administrator of Sir Michael Woodhouse would have been lawfully intitled unto the payment of and satisfaction for the arrears which were due to him the said Sir Michael Woodhouse for service done in Ireland as a Commissioned Officer before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said Act which several arrears could not be stated or allowed within the time limited by the said former Act for stating arrears by reason that the Commissioners for Execution of the said former Act was streightned in time when they entred upon that worke and by reason of some other accidents which did intervene Be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and before any distribution made of the Securities set apart for the satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine cast up and state the respective arrears which were due to David late Earl of Barrymore James Barry Agmondisham Muschamp and Lieutenant Colonel George Keith and Captain John Annesly Major John Symmes Colonel Robert Broughton and Josuah Cooper and Sir Michael Woodhouse for service as aforesaid and after the arrears so stated the said Alice Countess of Barrymore Denny Muschamp Sir Alexander Keith Captain John Annesly Margery Symmes Colonel Robert Broughton and Widow Cooper and Horatio Woodhouse respectively shall be satisfied and paid for all and every the respective arrears to which they are mentioned to be intitled as aforesaid as fully amply and in like proportion and manner as any other Commissioned Officer who served before the fifth of June One thousand six hundred forty nine ought to be and as if the said respective arrears had been stated and allowed within the time limited by the said former Act any thing in this or the said former Act to the contrary notwithstanding Provided alwayes and be it Enacted That all and singular the lands Tenements and Hereditaments in the Barony of Imokelly in the County of Cork granted or mentioned to be granted by his Majestie in and by certain Letters Patents under the Great Seal of Ireland bearing date _____ unto Sir Henry Tint Deceased which have not been Decreed away by the Commissioners for the Execution of the said former Act shall be held and enjoyed by the Lady Mabel Tint relict of the said Sir Henry Tint for and during her life and after her Decease by the Son and Heir of the said Sir Henry Tint and his Heirs during the estate granted by the said Letters Patents and that where any of the lands in the said Letters Patents mentioned have been evicted or hereafter shall be evicted by virtue of any Decrees made by the said Commissioners it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governours and Council there for the time being to make and Order such proportionable Defalcation of the Rent reserved in and by the said Letters Patents as they in their judgement shall think fit and such Order of Defalcation enrolled in His Majesties Court of Exchequer shall be as good and effectual as if it had been Enacted by these presents any thing in the said Letters Patents or this Act to the contrary notwithstanding Provided also and be it Enacted That Francis Lye of Rathbride Esq Son of John Lye Deceased shall hold and enjoy to him and his Heirs all and singular the lands Tenements and Hereditaments situate in the County of Kildare or elsewhere in the Kingdom of Ireland granted or mentioned to be granted in and by certain Letters Patents under the Great Seal of Ireland bearing date the tenth day of May in the fifteenth year of His Majesties Raign and not since Decreed away by the Commissioners for Execution of the said former Act in as full and ample manner as in and by the said Letters Patents is mentioned any thing in this or the said former Act to the contrary notwithstanding And Whereas Nicholas Lord Vice-count Nettervill who claimed an estate Call to him and the Heirs males of his body of and in certain lands in Ireland was by the Commissioners for Execution of the said former Act adjudged nocent but the younger Brothers and Sisters of the said Lord Vice-count have by the judgement and Decree of the said Commissioners recovered their several and respective remainders expectant upon the Death of the said Lord Vice-count without issue Male and also their several and respective portions chargeable on the estate of the said Lord Vice-count and by reason thereof were intitled to the present possession of the said estate in order to the satisfaction of their respective portions and when the said portions should be satisfied Edward Smith Esq
Sir Courtney Pool Baronet and other the persons intitled to the said estate so long as the said Lord Vice-count shall have issue male of his body were still to continue their possession Nevertheless His Majestie being desirous that all just interests should be provided for and being willing to extend his mercy unto the said Nicholas Lord Vice-count Nettervill as far as may stand with His Iustice is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act doe forthwith set out unto the said Edward Smith Esq Sir Courtney Pool Baronet and other the persons intitled to the lands of the said Lord Vice-count their Heirs and Assigns their several and respective two third parts which by the rules of this Act they ought to have and after such two third parts set out shall restore the said Lord Vice-count Nettervill unto the possession of all and singular the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdom of Ireland with his deceased Father and Grandfather or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses or any other or others to whom he may or can derive as heir or otherwise had held or enjoyed or of right ought to have held or enjoyed on the Two and twentieth of October One thousand six hundred forty one Rectories and Parsonages Impropriated and Appropriate Tythes excepted and that the said Lord Vice-count shall hold and enjoy all and singular the Lands Tenements and Hereditaments so restored according to such Estate Right and Title as he ought to have had in the same in case he had been adjudged innocent and no other and also shall be and is hereby restored in blood to all intents and purposes Any thing in this present Act or the said former Act or any other Act Law Statute Ordinance Order Outlary Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or Decree or any other matter clause or thing to the contrary notwithstanding And because the Estate Right and Inheritance of in and unto several Lands Tenements and Hereditaments is by several clauses in this Act vested and settled in or otherwise disposed of unto several persons in the said several and respective clauses particularly named and mentioned whereby great prejudice may arise unto others whose right was not intended to be barred or extinguished if a timely remedye be not provided Be it therefore Enacted by the Authority aforesaid That in all and every such clauses it shall be understood and so is hereby Declared That all the right title and interest either in law or equity which any person or persons Body Politick or Corporate their Heirs Executors Successors or Assignes or any of them had on the Two and twentieth day of October One thousand six hundred forty one or at any time since other than His Majestie His Heirs and Successors and those who shall or may claim by from or under His Majestie His Heirs and Successors or any of them by virtue of this or the said former Act and other than such person or persons Bodies Politick or Corporate their Heirs Executors Successors and Assigns whose right is particularly mentioned to be barred and excluded shall be and is hereby preserved unto them their Heirs Executors Successors and Assignes respectively as fully and amply as if a particular saving of Rights had been annexed to and repeated in every such clause any thing in this Act contained to the contrary notwithstanding And whereas in and by the said former Act the fractions of od pounds shillings and pence were to be struck off and deducted out of all sums of money Debentures Certificates or Decrees for Arrears Adventures Publick Debts Reprizes or other allowed Interests which according to the said Act were to be ascertained stated or settled and the fractions of od acres roods and pearches were also to be deducted out of the respective proportions of lands which should be granted or settled in satisfaction of any of the aforesaid interests so as such deductions did not exceed the hundredth part of the money or lands out of which such Deductions were to be made which Deductions were appointed to be satisfied as intirely as might be in such convenient proportions and places as the Chief Governour or Governours of Ireland for the time being should appoint and reserved to be disposed to such uses as His Majestie His Heirs or Successors should appoint His Majestie is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That no fractions of od pounds shillings or pence or of od acres roods or pearches or any satisfaction for the same be at any time hereafter made or given unto His Majestie His Heirs or Successors or unto any other person or persons claiming the benefit thereof by virtue of any Patent Grant or other Assignment from His Majestie but that the same be for ever released and discharged and that all and every the clauses in the said former Act touching and concerning the giving or reserving such fractions and the satisfaction thereof unto His Majestie His Heirs and Successors shall be and are hereby repealed and made void to all intents and purposes as if the same had never been had nor made Any thing in this or the said former Act to the contrary notwithstanding And whereas the survey admeasurement of certain lands in Ireland was heretofore undertaken and finished by Sir William Petty Knight upon an agreement made with the Souldiers to have for his pains one penny for every acre so surveyed and admeasured as aforesaid whereof part hath been already paid and some doth still remain in arrear to the end therefore that satisfaction be made to Sir William Petty for what remains unpaid by the Souldiers their Heirs or Assigns and for His better encouragement to finish the several Mapps and Descriptions of this Kingdom Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being with any six or more of His Majesties Privy Council shall have power to examine how much of the said penny the acre hath been already paid and for what lands and how much thereof remains behind and unpaid and to give Order or Orders Warrant or Warrants for the levying and receiving one penny per acre out of all the lands in the admeasurement whereof he was imployed that have been or shall be appointed to be set out for satisfaction of arrears out of which such acrige was agreed or ought in justice to be paid and hath not been already paid and to give such further encouragement to the said Sir William for the finishing of the said Mapps as they shall think fit And that it shall and may be lawful to and for Sir
William Petty his Executors Administrators or Assignes from time to time as often as any such Order or warrant shall be made to enter into all and every the lands in such Order or warrant mentioned and to levy the respective summs therein appointed to be paid not exceeding one penny the acre by distress and sale of such distress as shall there be found belonging to the occupiers of the said lands returning the overplus and whatsoever the Tenants or occupiers of the lands shall pay or shall otherwise be levied upon them as aforesaid not exceeding one penny the acre shall and may be deducted out of the rents by them respectively payable and for so much they and every of them shall be and are hereby discharged against their several and respective Landlords And because the Settlement now intended and endeavoured to be perfected would be very much obstructed if the Heirs or Assignes of Wentworth late Earl of Kildare should hold and enjoy the full benefit of a certain clause in the said former Act contained whereby the Preemption of all forfeited estates and interests held of or from Wentworth Earl of Kildare or George Earl of Kildare or either of them and of all other lands lying intermixt with the said Earl of Kildares estate is given to the said Wentworth late Earl of Kildare his Heirs and Assignes and further the arrears due to George Earl of Kildare for service before the fifth of June One thousand six hundred forty nine were appointed to be satisfied in the County of Kildare and else where lying most convenient to the said Earl of Kildares estate as the said Wentworth late Earl of Kildare should make choice of Be it therefore Enacted by the Authority aforesaid That so much of the said clause as concerns the preemption of forfeited estates and interests held of and intermixt with the Earl of Kildares grant as aforesaid or appoints the satisfaction of personal arrears for service to be within the County of Kildare or elsewhere at election as aforesaid shall be and is hereby repealed which arrears of the said George Earl of Kildare now belonging to Sir James Shaen Knight and Baronet Administrator of the said George Earl of Kildare are to be satisfied as in and by another clause herein after following and providing for the satisfaction of the interests of the said Sir James Shaen is declared and that in lieu and satisfaction of those privileges and advantages in and by the said clause given or intended to be given the Commissioners for execution of this Act shall forthwith set out or cause to be set out unto John now Earl of Kildare and his Heirs so much undisposed forfeited lands as shall be of the cleer yearly value of five hundred pounds per annum over and above all charges and reprizes therein shall take care that the same may be set out as neer unto the said Earls estate and as contiguous to the Lordship of Kilka in the County of Kildare as the same can conveniently be done and after such allotment and setting forth the same shall be granted by Letters Patents under the Great Seal of Ireland unto John Earl of Kildare and the Heirs Males of his body And for want of such issue to remain and be to Robert Fitz Gerald Esq uncle of the said John Earl of Kildare and the Heirs Males of his body and for default of such issue to the right Heirs of Wentworth late Earl of Kildare for ever subject nevertheless to the payment reimbursement and discharge in the first place of all such summ and summs of Money with interest for the same as upon any contract or bargain heretofore made by the said Wentworth late Earl of Kildare touching the benefit of the said former provisoe or touching the benefit of any part thereof have been paid unto the said late Earl or shall be paid hereafter to such Contractors during the minority of the the said John Earl of Kildare and lyable also to such other charges and payments as shall be necessarily made and disbursed in and for the settling and securing the premisses And that the Letters Patents so as aforesaid to be granted shall be of like force and effect as any other Letters Patents herein before appointed to be granted are or ought to be Provided alwayes and be it Enacted by the Authority aforesaid That out of the estates of John Fitz Gerald John Magill and Ieoffrey Faning before by this Act vested in His Majestie his Heirs and Successors It shall and may be lawful for the Lord Lieutenant or other Chief Governours of Ireland to restore unto and settle upon them and their Heirs respectively such part or parts of the said respective estates as they shall think fit Provided also and be it further Enacted by the Authority aforesaid That Sir John Stephens Knight Governour of His Majesties Castle of Dublin shall and may have hold and enjoy to him his Executors and Assignes all and every the lands Tenements and Hereditaments in the County of Cork which at any time were reputed to belong to Sir Brice Coghran by colour of any grant or guift of the late Vsurped powers and which are or have been possessed by the said Sir John Stephens by virtue of Letters Patents under the Great Seal or otherwise for and during such time and term of years and under such rents onely as in the said Letters Patents are expressed and no other so as he the said Sir John Stephens do place or cause to be placed upon so much of the premisses as shall be found to be within the securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine so much of the stated arrears due to such Officers which are satisfiable and for which no satisfaction hath yet been given as the value of the premisses may amount unto any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Moneyes which by virtue of this or the said former Act shall or may growe due unto His Majestie for or in respect of the measne profits of those lands which have been set out and received in satisfaction of any arrears for service done in England commonly called English arrears or for or in respect of the measne profits of those lands which have been set out to any person or persons in satisfaction of any Adventures upon the Ordinances commonly called the doubling Ordinances or for or in respect of any other measne profits which by this Act are made due and payable unto His Majestie as being received out of lands set out in satisfaction of interests not satisfiable by this or the said former Act and also all and every the summs of Money now due unto His Majestie which any person or persons transplanted into Connaght and since restored or hereafter to be restored to his former
estate did or might have received upon the sale of the lands in Connaght to which he or they were transplanted shall be paid unto the Receivers herein after constituted and appointed who shall account for and pay the same over unto Arthur Earl of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being And that the said Arthur Earl of Anglesey or the Vice-treasurer of Ireland for the time being shall thereout issue pay these several summs following That is to say To Morough Earl of Inchequin the full summ of Eight thousand pounds sterling as a marke of His Majesties favourable gracious consideration of the losses and sufferings of the said Earl To John Lord Berkeley the summ of four thousand pounds To Charles Lord Vice-count Fitz Harding Treasurer of His Majesties House-hold the summ of two thousand pounds To Henry Coventrey Esq Groom of His Majesties Bedehamber the summ of two thousand pounds To Colonel William Legg the like summ of two thousand pounds in full satisfaction of all the right and interest which they the said Henry Coventrey or William Legg can or may have of in or to any fractions of od aeres pounds shillings or pence in or by the said former Act reserved to His Majestie and by this present Act released and discharged as aforesaid To Colonel Edward Villiers the summ of One thousand pounds To Elizabeth Terrill Wife of Sir Tymothy Terrill the summ of three thousand pounds To Colonel Marmaduke Darcy the summ of three thousand pounds To Sir Connel Farrell the summ of two thousand pounds To Colonel Daniell Treswell Captain of His Majesties Guard of Battle Axes the summ of One thousand pounds Sir William Armorer the summ of five hundred pounds Nicholas Bayly Esq the summ of two thousand pounds Thomas Lynch the summ of One thousand pounds And if any more moneyes shall arise out of the premisses than will be sufficient to discharge the respective summs herein before mentioned the same shall remain in His Majesties Exchequer at Dublin to be further applyed and disposed as His Majestie being informed thereof shall direct and appoint And whereas the Towns and lands of Shamaclone Garons-Brury Garrane Lishanacone Ballifoukin Ballimoran Balliwillin in the Barony of Conello and County of Limerick and also fifteen hundred acres in Garundenny in the Barony of Slewmargye in the Queens County were allotted to Charles Lloyd Esq now Sir Charles Lloyd Baronet as an Adventurer for lands in Ireland the rents issues and profits of which lands have notwithstanding by Samuel Avery and other Adventurers been wrongfully received or in the hands of the Tenants of the said lands detained Be it therefore Enacted and it is Enacted by this present Parliament That the said Sir Charles Lloyd shall have receive and recover all and singular the rents issues and profits of the said lands remaining in the hands of the respective Tenants thereof or in the hands of their Executors or Administrators which have grown due since the lands were allotted as aforesaid any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding And it is here by further Enacted and ordained by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore Sir Richard Bellings Knight unto the present and actual possession of all and singular the Mannors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments interests conditions powers of Redemption right and title whatsoever in the said Kingdome of Ireland which Sir Henry Bellings Knight Grandfather to the said Sir Richard Bellings and Richard Bellings Father of the said Sir Richard Bellings or either of them or any other person or persons in trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the two and twentieth day of October One thousand six hundred forty one and that from and after such Restitution as aforesaid the same shall be granted by Letters Patents and settled upon and confirmed unto the said Sir Richard Bellings the Grandsonn and his Heirs and Assignes for ever This present or any other Act Ordinances Order Vtlary Attainder Record or any other matter cause or thing to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That John Lord Kingston shall hold and enjoy to him and his Heirs for ever all and every the Lands Tenements and Hereditaments in the said former Act ratified and confirmed unto him and all other the benefits and advantages of the said Act the Lands Decreed away by the Commissioners and the full benefit of reprizals and the Lands herein granted or confirmed unto Charles Lord Vice-count Fitz Harding formerly granted to Charles late Lord Vice-count Fitz Harding Earl of Falmouth onely excepted as fully and amply and with the like Confirmations Privileges Immunities and exemptions as any adventurer or Souldier by this or the said former Act may or ought to hold and enjoy any of the Lands whereof they or any of them respectively were possessed the Seaventh day of May One thousand six hundred fifty nine and as if the several clauses and provisoes in the said former Act on that behalf had been in this Act particularly recited and Enacted and shall also have hold and enjoy to him and his Heirs for ever all and every the Towns Lands Tenements and Hereditaments given granted and confirmed or mentioned to be given granted and confirmed unto him in and by His Majesties Letters Patents under the Great Seal of England bearing date at Westminster the five and twentieth day of January in the sixteenth year of His Majesties Raign And that the said Letters Patents and all clauses and things therein contained shall be and are hereby ratified and confirmed and shall be taken most beneficially to and on the behalf of him the said Lord Kingston his Heirs and Assignes according to the tenor and purport thereof to all intents and purposes and as if the same Letters Patents and every clause therein had been in this Act fully and at large recited and particularly Enacted but in case the Lands in the said Letters Patents mentioned which shall be possessed and enjoyed by the said Lord Kingston and not recovered or granted away from him by this or the said former Act shall exceed the present cleer yearly rent of Seaven hundred pounds and two full third parts of all the Lands recovered against him the said Lord Kingston by any Decrees herein confirmed then such overplus shall be reconveyed to such as the Commissioners for Execution of this Act shall appoint And be it also Enacted in case the said Lands shall not be sufficient That then the Commissioners or such person or persons as are or shall be appointed for Execution of this Act doe and shall forthwith cause to be set out and delivered unto him the said
breaking out of the said Rebellion and Warr unto the last end thereof behaved himself with great courage and diligence in His Majesties service and suffered great hardships and extremities from the said Irish Rebells by reason of such his fidelity and Obedience to the Crown of England until at last being taken prisoner by them he was forced for fear of his life to subscribe their Oath of association and having so gained his Liberty did immediately fly unto Dublin and there submitted himself to the now Lord Duke then Lord Marquess of Ormond His Majesties Lord Lieutenant of Ireland and continued there ever after serving His Majestie and his Authority to the uttermost of his power The consideration whereof inclined His Majestie to mention the said Sir Thomas Sherlock in his late gracious Declaration amongst the names of those few persons whom His Majestie was pleased to appoint to be restored to their former estate without any further Proof of their innocency which said Sir Thomas Sherlock was afterward by the Commissioners for Execution of the said former Act adjudged a nocent person upon no other grounds or evidence than the enforced subscription of the Oath of association as aforesaid His Majestie therefore being very unwilling to proceed with such rigour and strictness towards any of his good Subjects or to suffer a Decree so severe to continue any longer in force to the ruine of the said Sir Thomas Sherlock and his Family is graciously pleased That it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without any previous reprizall restore unto Paul Sherlock Esq sonn and Heir of the said Sir Thomas Sherlock and his Heirs the possession of the principal and capital Messuage or seat and also one third part of all and singular the Messuages Mannors lands Tenements and Hereditaments whereof the said Sir Thomas Sherlock or any other person or persons in trust for him or to his use were seized or possessed upon the two and twentieth of October One thousand six hundred forty one Impropriations and appropriat tithes excepted and shall also with all convenient speed restore the whose residue of the said lands and Tenements Impropriations and appropriate tithes excepted the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof or claiming the same being first satisfied their respective two third parts and for their several and respective improvements which will be due to them by the rules of this Act and from and after such restitution so made as aforesaid the said Paul Sherlock shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored in as full and ample manner as he or they might have done if no such Decree had ever been had or made any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall restore unto Nicholas Bourke of Limerick Sonn and Heir of James Bourke his Heirs and Assignes the principal and capital Messuage whereof he the said Nicholas or his Father or any other in trust for them or either of them or to their use were seized or possest the two and twentieth of October One thousand six hundred forty one and also two thousand acres thereunto adjoyning or so much thereof as they or either of them or any other to their use were seized or possest of on the said two and twentieth of October and that so much other forfeited and undisposed land be likewise set out and allotted unto the said Nicholas Bourke and his Heirs and within such County and Barony as the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there shall direct and appoint And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto the Lord Vice-count Gormanston and his Heirs all and singular the Messuages Mannors lands Tenements Rents Reversions Remainders and Hereditaments to which he is not already restored by some Decree of the Commissioners for Execution of the said former Act herein confirmed and all other the estate Right Title and interest whatsoever whereof the said Lord Vice-count Gormanston or Nicholas late Lord Vice-count Gormanston his Father or any other person or persons to their use or in trust for them or either of them were seized or possessed the two and twentieth of October One thousand six hundred forty one Impropriations and appropriate tithes excepted the Heirs or Assignes of Charles late Earl of Mountrath now having or claiming the same being first satisfied by an allotment to them and their Heirs of so much forfeited lands as may be equal in quantity and number of profitable acres to the lands so as aforesaid to be restored and being also first satisfied and paid or otherwise secured for the Rents issues and measne profits received and detained by the said Lord Vice-count Gormanston and his Agents since his entry on the premisses or to be received and detained until such allotment shall be made as aforesaid according as the same shall be ascertained by the Commissioners for Execution of this Act and at such times and in such manner as they shall appoint and from and after such Restitution made as aforesaid the said Lord Vice-count Gormanston shall hold and enjoy to him his Heirs and Assignes all and singular the lands Tenements and Hereditaments so restored this Act or any other Act Record Vtlary or Attainder or any other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto John Grace of Court-stown Esq and Colonel Richard Grace and their respective Heirs all and singular the Messuages lands Tenements and Hereditaments except Impropriations and appropriate tithes and except the houses in Kilkenny which they or either of them respectively or any other person or persons in trust for them or either of them respectively had held or enjoyed upon the Two and twentieth of October One thousand six hundred forty one and which are not already restored to the said Richard Grace by some decree of the Commissioners for execution of the said former Act herein confirmed the respective Adventurers or Souldiers their Heirs or Assigns now in possession thereof or claiming the same being first satisfied their respective charges and proportions and for their several and respective improvements which will be due to them by the rules of this Act and from and after such restitution so made as aforesaid the said John Grace shall hold and enjoy to him and his heirs all and singular the Lands Tenements and Hereditaments so to be restored and the said Richard Grace shall hold enjoy to him and his Heirs the lands so to be restored Any thing in this or the
and appropriate tithes And shall also with all convenient Speed restore the whole residue of the said lands and Tenements impropriations and appropriate tithes excepted unto the said Lord Dunsany and his Heirs the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid the said Patrick Lord Baron of Dunsany shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored any thing in this or the former Act contained to the contrary notwithstanding And whereas one thousand Acres of forfeited lands in the Barony of Slane were heretofore set out in satisfaction of an Adventure of six hundred pounds advanced by Sir William Massam Baronet Deceased and as is alleaged was possessed accordingly until about Michaelmas in the year One thousand six hundred fifty eight at which time the said Sir William Massam being Dead and the interest in the said Adventure being come unto Elizabeth Massam the widow and relict of William Massam Esq Sonn and Heir of the said Sir William and then Deceased also Sir Robert Forth Knight pretending some interest in the said lands got possession thereof by an execution or executions issued upon a Iudgement or Iudgements in an action of Ejectment being as is alleaged Surreptitiously obtained without any due notice or legal proceedings the said Elizabeth by reason thereof having no possession upon the Seaventh of May One thousand six hundred fifty nine could claim no benefit of confirmation by the said sormer Act and it is much to be doubted whether she could demand any satisfaction as a deficient Adventurer the Lot being once set out and enjoyed for remedy hereof Be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith examine the truth of the Allegations aforesaid and if they shall find the possession of the premisses to have been wrongfully taken from the said Elizabeth Massam they shall cause the said Elizabeth Massam to be put into possession thereof And the said Elizabeth Massam shall hold the same to her and her Heirs as fully as any other Adventurer by this Act ought to do until the Commissioners for execution of this Act shall set out and allot to her and her Heirs so much thereof as they shall adjudge to amount to her proportion And if the said Commissioners shall find the said Sir Robert Forths title to possess the said lands to be good and valid then they shall set forth such satisfaction of land for the said Adventure as shall be according to the rules and proportions limited for other Adventurers by this Act And Letters Patents shall be thereof granted to the said Elizabeth and the said Elizabeth shall enjoy the same to her and her Heirs and Assignes accordingly any thing in this or the former Act to the contrary notwithstanding And whereas Captain John Wakeham and Lieutenant Richard Wakeham were seized or possessed before the Seaventh of May One thousand six hundred fifty nine of certain lands set out to them in satisfaction of their arrears and were thereof put out and dispossest before the said Seaventh of May by virtue of an extent Be it therefore Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot to the said John Wakeham and Richard Wakeham their Heirs and Assignes so much forfeited and undisposed land as may be equal in quantity of Acres unto two full third parts of the lands whereof they were so possest as fully and amply as if they had been thereof possest upon the Seaventh of May One thousand six hundred fifty nine any thing in this or the former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall restore unto James Reynold of Loghscurr in the County of Letrim Esq and his Heirs the possession of all and singular the lands Tenements and Hereditaments which the Father of the said James Reynolds or any other person to his use or in trust for him were seized or possessed upon the two and twentieth of October One thousand six hundred forty one or at any time since the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be to them by the rules of this Act And from and after such restitution so made as aforesaid the said James Reynolds shall hold and enjoy to him his Heirs and Assignes all and singular the lands and Tenements so restored any thing in this or the former Act contained to the contrary notwithstanding And be it further explained and Enacted by the Authority aforesaid That nothing in this or the said former Act contained shall any way extend to Barr any right or title of Escheat which his Majestie hath unto the lands Tenements and Hereditaments of Con O Rourk in the County of Letrim lately Deceased without Heirs and which is found by Inquisition now remaining upon Record in his Majesties High-court of Chancery But that his Majesties right and title thereunto by Escheat as aforesaid be fully saved and preserved unto his Majestie his Heirs and Successors any seizure or sequestration of the premisses or any part thereof upon the account of the said late Rebellion or Warr or any other matter or thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Mary Coghlan widow the relict of Terence Coghlan of Kilcolgan in the Kings County Esq Deceased so much land as shall be of like yearly value as the lands which she the said Mary Coghlan formerly held or ought to have held for her joincture to be held and enjoyed by the said Mary Coghlan during her life any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Anne Lady Dowager of Slane so much lands as shall be of like yearly value as the lands she formerly held or ought to have held for her joincture as widow and relict of the Lord Delvin her former husband to be held and enjoyed by the said Lady Dowager of Slane during her life any thing herein before contained
to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act do forthwith restore to John Talbot of Malahyde all and singular the Lands Tenements and Hereditaments in the County of Dublin which he the said John Talbot held and enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since such person or persons who purchased the same of and from Susanna Bastwick or her children or their Assignes being first satisfied out of the forfeited lands undisposed by this Act by an allotment of so many profitable Acres as may be equal in value worth and purchase to the lands so to be restored and after such restitution so made as aforesaid the said John Talbot shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so restored but subject to Quit rents any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir George Harbert of Dorrow in the Kings County Knight and Baronet shall by the Commissioners for Execution of this Act be forthwith restored unto and placed in the present and actual possession of all and singular the Lands Tenements and all other Hereditaments right title and interest whatsoever in the said Kingdome of Ireland which he the said Sir George Harbert or his Vncle Sir Jasper Harbert deceased 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 of October One thousand six hundred forty one or at any time since the respective Adventurers or Souldiers their Heirs or Assignes now in possession thereof claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid shall hold and enjoy all and singular the Lands Tenements and Hereditaments so to be restored unto him and his Heirs by such tenures rents and services and no other tenures in Capite or by Knights service excepted as the same were held by on the said two and twentieth day of October One thousand six hundred forty one any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir Henry Tichborne Knight shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments which were set forth unto him in recompense and satisfaction of money and other provisions by him furnished for reliefe of the Army in Ireland between the years One thousand six hundred forty one One thousand six hundred forty three which have not been Decreed away by the Commissioners for Execution of the said former Act And that the Commissioners for Execution of this present Act shall out of the forfeited Lands which shall remain undisposed by this Act to Adventurers or Souldiers set out and allot unto the said Sir Henry Tichborne so many Acres of profitable land as may be equall in quantity to the lands so Decreed away to be held and enjoyed by the said Sir Henry Tichborne and his Heirs and that like effectuall Letters Patents shall be thereof granted any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed set out and allot unto Mabell Countess Dowager of Fingall so much lands as shall be of like yearly value as the lands which she the said Countess Dowager of Fingall formerly held or ought to have held for her joincture to be held and enjoyed by her the said Countess Dowager of Fingall for and during the term of her life any thing herein before contained to the contrary notwithstanding And whereas Samuel Avery late of London Alderman was in his life time an Adventurer for Lands in Ireland and did subscribe and pay in the sum of eleaven hundred pounds or thereabouts The satisfaction of which Adventure was afterwards set out and allotted unto him the said Samuel Avery in the Barony of Conello and County of Limerick who notwithstanding such allotment quitted the possession of his own lot entred upon the lot of Sir Charles Lloyd Baronet another Adventurer satisfied in part within the same Barony of Conello which lot continued in the possession of the said Samuel Avery his Heirs and Assignes until the same was lately restored unto the said Sir Charles Lloyd And whereas the said Samuel Avery did also in his life time contract and agree with the late Vsurpers in England for the Farm or Receipt of certain customs or impositions upon merchandize exported or imported then and there usually paid And upon such his contract and undertaking became indebted and stood charged and chargeable with the summ of Tenn thousand pounds or thereabouts as in and by the Records thereof remaining in the Court of Exchequer in England more fully appears which said Debt and duty stands excepted out of the Act of Parliament passed in England entitled An Act of Free and generall pardon Indemnity and Oblivion and remains vested in his Majestie and is still unsatisfied no lands or Tenements Goods or Chattells of the said Samuel Avery whereupon the said Debt might be levyed being to be found in England and the whole Adventure of the said Samuel Avery and the lands therefore set out in the said Barony of Conello although no defalcation thereof be made are too little to satisfie the said Debt so long behind and unpaid To the end therefore that full satisfaction may be made unto his Majestie for his said Debt as farr as by the said Adventure is possible Be it Enacted by the Authority aforesaid That all and singular the lands Tenements and Hereditaments in the Barony of Conello set out and allotted unto the said Samuel Avery as aforesaid not already Decreed away by the Commissioners for Execution of the said former Act into whose hands soever the same be come by any right or title derived by from or under the said Samuel Avery his Heirs or Assignes shall remain and continue vested in his Majestie his Heirs and Successors in satisfaction and discharge of the said Debt and if any part of the said lands have been Decreed away by the Commissioners for Execution of the said former Act The Commissioners for Execution of this Act shall forthwith Assigne unto his Majestie by Deed under their hands and Seales to be enrolled in Chancery so much more as may be equal in quantity and number of Acres to the lands so decreed away which lands so
Hugh Earl of Mount-Alexander and his Hiers with benefit of reprizal in case of restitution as Adventurers by the said former Act ought to have had as in and by the said former Act more at large appears since which time the Commissioners for execution of the said former Act have by their Decree adjudged James Allen to be innocent and restored the said Lands to the said James Allen and his Heirs against which Decree an appeal was made to His Majestie by a Petition exhibited by William Montgomery Esq on the behalf of the now Earl of Mount-Alexander an Infant Sonn Heir of Hugh late Earl of Mount-Alexander on hearing of which case and on the defence made by Colonel Richard Talbot to whom part of the lands restored by the said Decree were for good and valuable considerations and by sufficient assurances in Law legally conveyed by the said James Allen His Majestie thought not fit to alter the said Decree or weaken any of the said assurances His Majestie is therefore graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot or cause to be set out and allotted unto the now Earl of Mount-Alexander his Heirs and Assignes so much other undisposed forfeited lands as may be equal in quantity of acres unto two full third parts of the lands so evicted and recovered by Decree as aforesaid and that Letters Patents shall be thereof passed in like manner and shall be of like effect as any other Letters Patents granted by virtue of this Act are or ought to be And whereas in and by certain Letters Patents passed under the Great Seal of Ireland and bearing date the Seaventh day of March in the twelfth year of the Raign of His Majesties Royal Father the Territories and precinct of Feartry in the County of Wicklow and certain other Mannors lands and Tenements in the said Letters Patents contained were thereby given and granted unto Sir John Coke knight and his Heirs his late Majesties principal Secretary of Estate And whereas Thomas Coke late of Grayes-Inn in the County of Middlesex His Majesties Sollicitor Generall sonn of the said Sir John Cooke Deceased was in his life time lawfully seized of or otherwise intitled unto the said Territory and precinct of Feartry and other the lands and Tenements in the said Letters Patents contained the Inheritance whereof after the Death of the said Thomas Coke Deceased did descend and come or of right ought to have descended and came unto _____ Coke an infant onely Sonn and Heir of the said Thomas Coke Deceased Be it therefore Enacted by the Authority aforesaid That no sequestration or allotment of any of the lands or Tenements in the said Letters Patents contained to any Adventurer or Souldier shall any way Barr or weaken the right or title of him the said _____ Coke in or the said lands or Tenements but that he the said _____ Coke shall and may hold enjoy the same to him and his Heirs according to the tenor and effect of the said Letters Patents any thing in this or the said former Act contained to the contrary notwithstanding And whereas in this and the said former Act great care is taken of the relict and Heirs of Sir Simon Harcourt Knight Deceased upon whom his Majesties Royall Father did by Letters under his Privie Signet appoint that lands of the value of four hundred pounds per annum to be taken out of the forfeited estate of Luke Nettervill should be settled part of which estate together with certain Houses in Dublin were set out accordingly and the relict and Heirs of Sir Simon Harcourt thereof possessed at the time of His Majesties late Gracious Declaration and so still are which lands and Houses together are as is alleaged still short of the value of four hundred pounds per annum intended to be settled as aforesaid It is therefore Explained and Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Philip Harcourt Knight son and heir of Sir Simon Harcourt Knight to hold and enjoy to him and his heirs the houses in the City of Dublin so as aforesaid set out and possessed so as the houses and lands together do not exceed the value of Four hundred pounds per annum Any thing in this or the said former Act contained to the contrary notwithstanding And whereas Thomas Cunningham and Captain Lewis Dick in the year One thousand six hundred forty two pretended to have performed acceptable services against the then Rebels in Ireland by hindering provision coming to them by Sea and by relieving the English Garrisons which were in distress wherein they so far gained belief as that they obtained from the Treasurer for the Irish Adventurers and acknowledgement that they paid in Seven thousand pounds as money adventured and for which they likewise had a certificate from the Committee of Adventurers sitting at Grocers-Hall in London And howbeit the said Thomas Cunningham or Captain Lewis Dick never did any service on the coast of Ireland according to the said undertaking nor paid in any money as other Adventurers did yet by colour of the said certificate there were set out for the said Seven thousand pounds the number of fifteen thousand five hundred fifty and five acres of Land in the County of Tipperary and Limerick whereof they the said Thomas Cunningham and Captain Lewis Dick or their Assigns were possessed the seventh of May One thousand six hundred fifty nine Now least by the general rule of the present settlement the said number of acres or two third parts thereof so unduly obtained as aforesaid should be secured to the said Thomas Cunningham and Captain Lewis Dick or their Assigns His Majestie is graciously pleased that it be Enacted and be it Enacted by the Authority aforesaid That the said fifteen thousand five hundred fifty five acres so set out as aforesaid for and on pretence of the said Seven thousand pounds shall be remain and continue and are hereby vested in his Majestie His Heirs and Successors for ever Provided nevertheless That if the said Thomas Cunningham and Captain Lewis Dick their Heirs or Assigns shall within two months after the Royal Assent shall be actually given to this present Bill make it appear by full and clear proof before the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland that the said Adventure money of Seven thousand pounds was really and bona fide issued and paid in pursuant to the several Acts made by His late Sacred Majestie for reducing the Rebels of Ireland then they shall have the like benefit and advantage by the said Adventure and out of the said fifteen thousand five hundred fifty five acres as other Adventurers are to have by virtue of this present Act. Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours
of this Kingdom for the time being shall and may assess any sum not exceeding three pence per acre in and out of every acre of profitable land of Plantation measure which is by the late Court of Claims or shall be pursuant to this or the former Act decreed or confirmed or set out or delivered unto any person or persons of the Popish Religion in this Kingdom and the same to cause to be levyed by Distress or otherwise and to be paid unto the receivers herein after mentioned to the intent that Five thousand pounds be paid to Milo Power Esq his Executors Administrators and Assigns and that the residue may afterwards be issued out unto such of the Roman Catholicks of this Kingdom who as Agents or otherwise since His Majesties most happy restitution shall by the Lord Lieutenant or other chief Governour or Governours be judged meriting the same and that in such proportions as the said Lord Lieutenant or other Chief Governour or Governours shall think fit and direct Whereas Colonel Cary Dillon hath been dispossessed of Two thousand and six hundred and four acres of land whereof he was possessed the seventh of May One thousand six hundred fifty and nine as being set out unto him for service in Ireland and which were confirmed unto him by the said former Act amounting to Three hundred and fifty pounds per annum And whereas the late Lords Iustices had by their two Orders bearing date the eighteenth and nineteenth of July One thousand six hundred sixty and two assigned certain lands in the County of Galway unto the said Colonel Cary Dillon for his Reprizal of the whole and also for satisfying of him Three hundred and fifty pounds sterling which was one years rent of what he had lost grown due unto him from the time he had been dispossessed but the said Colonel Dillon received no benefit thereby Be it therefore Enacted by the Authority aforesaid That the Commissioners appointed to put in execution this Act shall forthwith set out and allot unto the said Colonel Cary Dillon his Heirs and Assignes for ever One thousand seven hundred thirty five acres of profitable forfeited lands of twenty one foot to the pearch being two third parts in quantity of what he hath already lost as a Souldier and that the same do in present yield two full third parts of Three hundred and fifty pounds per annum being the value of what he hath lost as aforesaid with as much convenience of building and other advantages thereon as they can in regard of the considerableness of the places and buildings from whence he is removed which shall be granted unto him by like Letters Patents as any other Souldier by this Act are to have And if the said Commissioners shall think it necessary that a Commission be issued for the inquiry into the value of any Lands Castles Tenements or other Hereditaments in order to the setting out of the said Reprize the Chancellour or Keeper of the Great Seal for the time being are hereby required to issue the same Any thing in this Act or the said former Act to the contrary notwithstanding And whereas upon a solemn hearing before His Majestie at His Council Board in England upon a Petition exhibited by several Adventurers and Souldiers against Randall Lord Marquess of Antrim and against the Iudgement and Decree given by the major part of the late Commissioners for execution of the said former Act whereby the said Marquess was adjudged innocent His Majestie after much time spent in the examination of the case declared that he saw no cause why the said Marquess should be adjudged innocent much less that the Commissioners not at all considering the proofs which they heard against the said Marquess should lay the whole weight of their judgement upon His Majesties Certificate the said Certificate being onely to declare that the Marquess was imployed into Ireland to procure what Forces he could from thence to be transported into Scotland for his late Majesties service under the late Marquess of Montross To the end that the conversation of the said Marquess of Antrim in the Rebells quarters which was necessary for that service might not according to the letter of the former Act render him criminal if that had been the onely as it was the least objection against him And therefore His Majestie resolved that the said Marquess of Antrim should undergoe a new tryall to prevent which the said Marquess of Antrim by an humble Petition to His Majestie did acknowledge himself guilty and humbly besought His Majestie That he might be supported by his mercy as being not able to support himself by his own innocence Therefore His Majestie is pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the said Decree and all and every clause therein contained shall be and so is hereby declared to be null and void to all intents and purposes as if the same had never been had or made Nevertheless His Majestie Reflecting upon the many services heretofore performed by the said Marquess towards his Royall Father of Blessed Memory and some eminent services done by the said Marquess for his Majestie himself the said Marquess having besides assisting him with Arms and amunition when he was in the West furnished him with shipps to make his escape into forraign parts when his Armies were defeated in the West and considering that His Majesties mercy is by this Act extended to some who have as much Demerited Is graciously pleased that it may be further Enacted and be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizall set out restore and allot unto the said Marquess of Antrim or cause to be set out restored and allotted unto the said Marquess of Antrim all and singular the Honors Mannors Castles Messuages Lands Tenements and Hereditaments and all other the estate right title and interest whereof the said Randall Lord Marquess of Antrim or any other person in trust for him or to his use was seized or possessed on the two and twentieth of October One thousand six hundred forty and one the lands in the Barony of Glanarme herein after mentioned to be restored to Alexander Macdonell and also all impropriations and appropriat tithes excepted And that the said Marquess of Antrim shall hold and enjoy all and singular the lands Tenements and Hereditaments so restored unto him the said Marquess of Antrim except before excepted and the Heirs males of his Body begotten any thing in this or the said former Act contained to the contrary notwithstanding Subject nevertheless to such Debts and other Incumbrances as the same were or ought to have been Subject unto upon the said two and twentieth day of October One thousand six hundred forty one and to such Leases and estates thereof made for satisfaction of Creditors as are provided for in and by the said former Act and
him the said John Neile for the Houses in Waterford whereof his Father was seized and possessed the two and twentieth of October One thousand six hundred forty and one any thing in the said former Act or this present Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall restore unto Sir Luke Bath Baronet and his Heirs all the Castles Houses Mannors Lands Tenements and Hereditaments Rents Reversions or Remainders Right Title Interest and Estate whatsoever which he the said Sir Luke Bath or his deceased Father James Bath or any other in trust for them or either of them or to their or either of their use was seized or possessed on the two and twentieth day of October One thousand six hundred forty one except the houses and lands within the City of Dublin and Liberties thereof and also except all Impropriations and Appropriate tythes which said Mannors Lands Houses and Hereditaments so as aforesaid to be restored shall after such restitution be held by the said Sir Luke Bath and his Heirs and Assignes and shall be subject to such Quit-rents Services and other payments as the same are made lyable unto by this Act and would have been charged with in case the same had continued in the possession of any the Adventurers or Souldiers or of their or any of their Heirs or Assigns And it is hereby Declared and Enacted That the Commissioners for Execution of this Act shall forthwith set out and allot unto the said Sir Luke Bath and his Heirs so much forfeited lands in lieu of the said houses and lands in Dublin formerly belonging to him the said Sir Luke Bath or his Father and to which he is not to be restored as may be sufficient to reprize him the said Sir Luke Bath and his Heirs for the houses and lands aforesaid And the said Commissioners are also to set out and allot unto His Royal Highness James Duke of York and his Heirs so much other forfeited lands as may be equal in value worth and purchase for what he hath in Custodiam of the Estate of Sir Luke Bath and that the Adventurers and Souldiers and the Officers who served before the fifth of June One thousand six hundred and forty nine and all other who are possest of or intitled unto any of the estate of the said Sir Luke Bath according to this Act shall be likewise reprized in two full third parts of the value of their respective interests before the said Sir Luke Bath be restored to such part of his estate from whence they are to be removed Any thing in this Act or the former Act or any other Law Statute Ordinance Vtlary Attainder Record Sequestration Allotment or any other cause matter or thing to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith and without staying for any previous reprizal restore unto Garret Moor of Mourueene in the County of Mayo Esq His Heirs and Assigns all and every the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title Condition and other Interest and Estate whatsoever which he the said Garret or his Father or any other in trust for them or either of them or for either of their uses had held possessed or enjoyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and that after such restitution and in lieu and satisfaction thereof the Commissioners do likewise with all convenient speed set out and allot or cause to be set out and allotted unto the Adventurers and Souldiers their Heirs Executors and Assigns respectively who shall be removed to make way for such restitution their several and respective two third parts out of some other undisposed forfeited Lands Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act do forthwith and without staying for any previous Reprizal restore unto Edmond Lord Vice-count Mountgarret his Heirs and Assigns his and their principal and Capital Messuage with the appurtenances and shall also forthwith restore unto the said Edmond Lord Vice-count Mountgarret his Heirs and Assigns all and singular other the Messuages Mannors Castles Lands Tenements Reversions Remainders and other Hereditaments Right Title Condition and other Interest and Estate whatsoever which he the said Edmond Lord Vice-count Mountgarret or his Father or any other in trust for them or either of them or for either of their uses had held possessed and enioyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and whereof no Adventurer or Souldier nor the Heir Executor Administrator or Assignee of any Adventurer or Souldier is now in possession Impropriations or Appropriate tythes onely excepted And that all and every the Lands Tenements and Hereditaments whereof the said Edmond Lord Vice-count Mountgarret or his Father or any other person or persons in trust for him or to his use were seized or possest on the said two and twentieth day of October One thousand six hundred forty one and which are now in the possession of any Adventurer or Souldier or of the Heir Executor Administrator or Assignee of any Adventurer or Souldier shall after their several and respective full two third parts to them set out and allotted out of other forfeited and undisposed lands in satisfaction of their several and respective interests be likewise set out and allotted unto and placed in the possession of him the said Edmond Lord Vice-count Mountgarrett and his Heirs any thing in this or the said former Act to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto Colonel Lucas Taaffe and Elizabeth his Wife all and singular the Ioinctures portions lands Tenements and Hereditaments and other interest whatsoever which the said Elizabeth or any other in trust for her or for her use had or ought to have had held possessed or enjoyed the two and twentieth of October One thousand six hundred forty one or at any time since any thing in this Act or any other Act contained to the contrary notwithstanding Provided Nevertheless that no reprizable Souldier Adventurer Officer serving before the fifth of June One thousand six hundred forty nine or Protestant Purchasor in Connaght or Clare be removed out of any part of the premisses which they are to have by the rule of this Act before they be first reprized for the same according to the said rules And be it further Cnacted by the Authority aforesaid That Richard Earl of Burlington and Corke Lord High-treasurer of Ireland his Heirs and
said Vice-Treasurer may know what sums of money he is to receive all Acquittances which shall be given as aforesaid are to be entred and signed by the several Officers of the Exchequer according to the accustomed manner of Acquittances All which payments sum and sums of money the said Receiver or Receivers are to accompt for and pay over unto Arthur Earl of Anglesey His Majesties Receiver General and Vice-Treasurer of this Kingdom or to the Receiver General and Vice-Treasurer of this Kingdom for the time being to be diposed of issued and paid out by him to and for the several uses intents and purposes unto which and in such manner as the same are respectively designed limited or appointed and to no other intent use or purpose upon the issuing whereof the said Earl of Anglesey or the Vice-Treasurer for the time being shall take the usual accustomed fees payable for other moneys And the said Collector or Collectors Receiver or Receivers for their pains care and service herein shall have take receive and deduct out of and for the respective payments sum and sums of money which they shall so receive pay over or accompt for such fees as were formerly allowed unto and taken by the former Receivers of the money payable by the Adventurers and Souldiers Any thing in the said former or this present Act to the contrary in any wise notwithstanding Nevertheless it is hereby declared That the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine shall be and are hereby discharged of and from the payment of any fees due and payable unto the said John Bence and Alexander Bence Receivers aforesaid for or out of any Debentures due to the said Commissioned Officers but that the said John Bence and Alexander Bence shall in lieu of and satisfaction for the same receive such compensation and recompense out of the Rents Issues and Profits of the Security appointed for satisfaction of the said Debentures as the Lord Lieutenant and Council shall think fit Provided alwaies and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act do forthwith and without staying for any previous Reprizal restore unto Theobald Lord Vice-Count Mayo his Heirs and Assigns his and their principal and Capital Messuage with the appurtenances and shall also forthwith restore unto the said Theobald Lord Vice-Count Mayo his Heirs and Assigns all and singular other the Messuages Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments right title condition and other interest and estate whatsoever which he the said Theobald Lord Vice-Count Mayo or his Father or any Ancestor whose heir he is or any other in trust for them or any of them or for any of their uses had held possessed or enjoyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and whereof no Adventurer or Souldier nor the Heir Executor Administrator or Assignee of any Adventurer or Souldier is now in possession Impropriations or Appropriate tythes onely excepted And that all and every the Lands Tenements and Hereditaments whereof the said Theobald Lord Vice-Count Mayo or his Father or any other Ancestor whose heir he is or any other person or persons in trust for them or any of them were seized or possest on the said two and twentieth day of October One thousand six hundred forty one and which are now in the possession of any Adventurer or Souldier or of the Heir Executor Administrator or Assignee of any Adventurer or Souldier shall after their several and respective full two third parts to them set out and allotted out of other forfeited and undisposed lands in satisfaction of their several and respective interest be likewise set out and allotted unto and placed in the possession of him the said Theobald Lord Vice-Count Mayo and his Heirs Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That nothing herein contained shall in any sort prejudice the right title or interest of Captain Owen Mac Carthy of Clogheroe in the County of Cork unto any of the Lands Tenements or Hereditaments in the said County mentioned or specified in his Claim upon which he was adjudged innocent by the late Commissioners but left to the Law for the recovery of the same And that the Lands so claimed by him shall continue and remain in His Majesties hands undisposed of for the space of twelve moneths next after the passing of this Act to the end that the said Owen Mac Carthy may within that time make out his right and title thereunto if any he have and cause the same to be adjudged and determined by due course of Law And in case the said right and title be not made to appear and be determined as aforesaid within the time aforesaid then all and singular the said Lands shall and may be disposed of as any other forfeited lands by this Act ought to be Any thing in the said former Act or this present Act to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the arrears due unto the late Marquess of Clanricard for the several times and imployments he had in this Kingdom before the tenth of December One thousand six hundred and fifty be allowed and satisfied to the Executors or Administrators of the said Marquess of Clanricard out of the Securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine And that the said Executors and Administrators be and are hereby admitted and allowed to state all the said arrears due to the said Marquess of Clanricard before and until the tenth of December One thousand six hundred and fifty before the Commissioners for execution of this Act before any distribution made of the said Securities Any thing in this Act or the said former Act contained to the contrary notwithstanding His Majestie taking into consideration the many good and faithful services performed by Charles late Vice-Count Muskry in Forreign parts and particularly that in consequence of the Disposition of Dunkirk the state of His Majesties affairs did not admit the continuance of the pay of the Regiment of Foot commanded by the said Charles Vice-Count Muskry was therefore graciously pleased by His Royal Letters of the sixth of April in the fifteenth year of His Reign to direct and appoint that all the Lands in the Barony of Muskry in the County of Cork forfeited to His Majestie and not set out to Souldiers or Adventurers nor restored to the former Proprietors the greatest part whereof were held of the estate of Donogh Earl of Clancarty the said Charles his Father should be by one or more Grant or Grants passed under the Great Seal of Ireland unto the said Charles late Vice-Count Muskry his Heirs
the same according to the rules of this Act and are by virtue hereof to be removed from the same shall have so much other forfeited lands set out to them by the Commissioners for the Execution of this Act as may be sufficient to reprize and satisfie them for two full third parts of the lands from whence they are to be removed and certificates shall be thereof granted in order to the passing of Letters Patents which shall be of like force and effect as any other Letters Patents granted in pursuance of this Act are or ought to be And they and every of them are hereby likewise discharged for them their Heirs and Executors respectively of and from all arrears of rent and measne profits received or to be received by them at any time before they shall be removed as aforesaid Provided also That the Town and Lands of Bradcullen and so much lands contiguous about the same as may amount unto three thousand acres of profitable land with the appurtenances which by the said Contract made with the said Teige O Conner were to have been given or assured to the said Teig O Conner and his heirs shall be and are hereby excepted from being settled upon the said William Earl of Strafford and Thomas Radcliffe and their Heirs or any of them and shall remain diposeable between Sir Francis Gore Knight and Captain Robert Parkes according to their several proportions of what they respectively possess of the said estate and what by the rules of this Act shall belong to them respectively and are to be reckoned and numbred out of such lands which are now in their or either of their possessions most contiguous to the said Town of Bradcullen in pursuance of the said Contract And whereas the said Sir Philip Percival and Sir George Ratcliffe or one of them did besides the said Donogh O Connors estate in like manner purchase some other small parcels of lands tenements and hereditaments in the said County of Sligoe from several other persons Be it further Enacted by the Authority aforesaid That the said William Earl of Strafford and Thomas Radcliffe shall be and are hereby restored to all the Estate Right and Title which the said Thomas late Earl of Strafford and Sir George Radcliffe or either of them had either in Law or equity in or to the said last mentioned lands tenements and hereditaments in the year One thousand six and forty And that they the said William Earl of Strafford and Thomas Ratcliffe shall by the said Commissioners for execution of this Act be forthwith restored to the possession of all such of the said last mentioned lands tenements and hereditaments whereof the said Thomas late Earl of Strafford and Sir George Radcliff or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed in the said year One thousand six hundred and forty under the rents and services due and payable thereout to His Majestie in the said year And forasmuch as the Adventurers and Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and are now in possession of or claim the same may the better know whether they may hold the said lands or take themselves to their Reprizals the said Commissioners are required to hear and determine of the said purchases and of the right title and interest either in Law or Equity which they the said William Earl of Strafford and Thomas Radcliffe have or had in or to the said last mentioned lands and to reprize the said Adventurers Officers and Souldiers in other lands of equal value worth and purchase according to the rules of this Act in case the said lands shall be evicted from them as aforesaid who are hereby discharged of and from all arrearages of rent and mean profits received at any time before they shall be removed from the said last mentioned lands Any thing in this or the said former Act to the contrary notwithstanding And be it further Explained Declared and Enacted by by the Authority aforesaid That all and singular the lands tenements and hereditaments and other estates with their and every of their members and appurtenances of within or appertaining to the half Barony of Irris alias Irrus or Erris and the Parish of Dunfiny alias Ducuni adjoyning unto Irris in the County of Mayo and the Parish of Termon-barry alias Tearmonbeary in the County of Roscommon and all and every or any of them vested in settled on forfeited to or belonging upon the said three and twentieth of October One thousand six hundred forty one or at any time since unto Your Majestie or Your Royal Father together with all the Mines and Minerals therein Royal Mines excepted and all Fishings on the Sea coasts of the same as also on the Loughs and fresh Rivers and waters thereunto in any wise belonging or appertaining be and they are hereby as from the five and twentieth day of March One thousand six hundred sixty five in the Seaventeenth year of your Majesties Raign vested in settled on and granted unto Sir Robert Vyner Knight Thomas Vyner Esq James Temple Henry Lewis and Silvanus Hyde of London Gent. their Heirs and Assignes for ever to be held of your Majestie your Heirs and Successors as of your Castle of Dublin in Free and Common Soccage at and under the yearly Rent of fifty pounds to be paid into your Majesties Exchequer at Michaelmas and Easter by equal portions And that Thomas Earl of Ossory Richard Earl of Burlington and Cork Roger Earl of Orrery Richard Earl of Arran and Robert Boyle Esquire their Heirs and Assigns for ever shall possess and enjoy the full benefit advantage and effect of your Majesties gracious Letters under your Royal Signet bearing date the Five and twentieth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto Sir James Shaen his Heirs and Assigns for ever in for or towards satisfaction of Adventures or Arrears for service done in Ireland and other interests confirmed allowed or satisfied by or intended allowed confirmed or satisfied by or in pursuance of your Majesties said gracious Declaration of the Thirtieth of November One thousand six hundred and sixty and other Concessions consistent with and agreeable to the same And also to have hold and enjoy to them their Heirs and Assigns for ever the full benefit advantage and effect of your Majesties Letters under your Royal Signet bearing date the Four and twentieth day of July One thousand six hundred sixty five in the Seventeenth year of your Reign in trust for and to the uses intents and purposes therein expressed mentioned and declared Excepting onely what concerns the lands and premisses in Irris Dunfiny and Tearmonbeary or any of them Any other Clause Provisoe Sentence matter or thing whatsoever in the said former