His Majesties Court of Exchequer at Dublin or by Order of the Council-Board there or otherwise been respited that all such Respits howsoever granted shall cease and are hereby declared to be void and determined AND His Majesty for Himself his Heirs and Successors The Composition with the 49 Officers for the moiety of their 100000 li. payable out of the years va ue shall not be obstructed or delayed but perfected as begun and intended and the whole benefit and advantage thereby to His Majesty shall be enjoyed by the said V. R. c. doth further covenant grant and agree to and with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon That whereas also the Commissioned Officers who served His Majesty or His Royal Father before the year One thousand six hundred forty nine are by vertue of the Act of Explanation entitled to the sum of One hundred thousand pound therein mentioned and charged upon a Fond commonly called the years value which said Officers have by themselves or their Agents begun and entered into a Treaty of Composition with His Majesty thereby offering to assign unto His Majesty one half of the moneys to them respectively due in hope of a better and more speedy payment of the other half that the said Composition shall in no sort be interrupted hindered obstructed or delayed by Him or any of his Officers or Ministers but perfected as begun and intended and that the whole benefit or advantage which can or may pertain arise or accrue to His Majesty thereby shall be received taken held and enjoyed by them the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon or the Survivors or Survivor of them or the Executors or Administrators of the Survivor AND WHEREAS also in and by the said Act of Explanation it is provided that if the moneys to be raised as aforesaid His Majesty will direct the Chief Governour and Council in Ireland to reapplot and levy upon the Lands of Ireland whatsoever the years value shall be found deficient of the 300000 li. and cause the same to be effectually done as by the Act of Explanation is appointed allowing four years time for the payment thereof half yearly at Michaelmas and Easter the last payment to be made at or before the 29tâ— f September 1675. should fall short of Three hundred thousand pounds then it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being to taxe and assess upon all the Lands in Ireland so much more money as together with what hath been before raised and allowed by vertue of the said Act should make up the full and just sum of Three hundred thousand pound Sterling since the passing of which Act it hath been found by experience that the Three hundred thousand pounds so appointed to be raised is not nor ever can be raised without a general Taxation and Assessment of and upon all the Lands there IN ORDER whereunto His Majesty hath heretofore by his several Letters directed unto the Lord Lieutenant or other Chief Governour and Council of Ireland for the time being commanded them to proceed in the speedy rating and assessing all the Lands in Ireland that so the full sum of Three hundred thousand pounds might be raised and compleated as by the said Act is directed His Majesty doth hereby for Himself His Heirs and Successors further covenant and agree to and with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Robert Huntingdon Joseph Deane Iohn Stepney and Richard Kingdon and every of them that His Majesty shall and will forthwith renue and direct other Letters unto the Chief Governour or Governours and Council of Ireland thereby commanding them forthwith to reassess reapplot and levy upon the Lands of Ireland whatsoever shall be found deficient of the Three hundred thousand pounds so as aforesaid appointed to be raised and to cause the same effectually to be done as by the said Act is appointed Nevertheless with this moderation and clemency towards his said Subjects and with this Declaration of his grace and favour to them That they may and shall be allowed Four years time for the payment thereof at every Michaelmas and Easter during the said four years by even and equal portions the last payment whereof to be made at or before the nine and twentieth day of September One thousand six hundred seventy five Provisees Limitations and Restrictions Nothing herein is to restrain His Majesties Prerogative to pardon Offenders or to remit or reduce forfeited Recognizances of the Peace good behaviour appearances or other particulars of the Green-wax or Fines and Forfeitures against the Laws or Outlawries other then what relates to the Revenue unless the 〈◊〉 for which 〈◊〉 same shall â—â—â—pen with thâ— câ—stâ— and charges be fully satisfieâ— but his Majâ—sty may exercise hiâ— Royal Authority in such Câ—sâ—â— as amply as this Indenturâ— had not been made And His Majesty may issue Commissiâ—nâ— for reducement of such sums of money as hath be 〈◊〉 accustomed 〈◊〉 as the sums due to His Majesty after such reducements or levied by his Officers shall be paid to V. R. c. PROVIDED alwayes and so it is hereby declared and agreed that nothing in this present Indenture contained shall be expounded or taken or shall any way extend to hinder weaken lessen or restrain His Majesties Royal Authority Power and Prerogative of pardoning any Offendor or Offendors Criminal or Capital or in the remitting releasing reducing or otherwise suspending or mitigating any forfeited Recognizances concerning the Peace or good Behaviour or concerning appearances or any other Particulars under the Survay of the Green-wax or in the remitting pardoning or discharging any Fines or forfeitures whch are or shall be incurred for or by reason of any offence committed done or suffered against the Penal Laws or Statutes of His Majesties Realm of Ireland or against the Common Laws of the Land or in the remitting pardoning and discharging of any Outlawries which already are or hereafter shall be incurred or any Forfeitures or Penalties by reason thereof other then such Outlawries Penalties and Forfeitures as are or shall be incurred or due by reason or occasion of any Suit commenced or to be commenced touching or concerning any matter or thing relating to any part of His Majesties Revenue in Ireland or in the remitting pardoning or discharging any of those Outlawries Penalties or Forfeitures which have been or shall be incurred for matters concerning His Majesties Revenue as aforesaid from and after such time as the Duty for non-payment whereof any such Outlawry Penalty or Forfeiture did or shall happen together with the Costs and Charges expended in the
duly and wholly applied to the necessary charges of the year commencing from the last of December 1670 Page 4. V. R. c. shall have no defalcations for moneys which from the 25th of December 1670 to the 4th of August 1671 have been applied to the uses only before undertaken Page 5. Such Commissions shall be issued under the Great Seal of England or Ireland and directed to V. R. c. or such others as they shall desire Authorizing them as His Majesties Officers to manage receive compound for and discharge his whole Revenue not pardoned or granted away before the 25th of December 1670 as well in arrear on or before that day and yet unpaid as which shall any way grow due before the 26th of December 1675 including the Payments which shall be due for the time incurred before the said day though payable after Page 5. The said Powers to such Commissioners shall not inable them to interrupt the Farmers of the great Branches in managing the Revenue under their charge nor to receive any money which shall be due to His Majesty by any further Act of Parliament Page 6. Neither the lapsed Money Lands in lieu thereof or the 30000 li. payable for the same nor the English arrears or Lands set out for the same nor the Mean Profits due for Lands set out on the Dublin Ordinances and already disposed of by the Act of Explanation shall be comprehended in these Agreements Page 6. The said Commissioners shall receive and enjoy all the said Arrears and growing Revenue which is or shall be in charge or discovered and other the Premises subject to the Limitations and Restrictions herein and no other Page 6. The Chief Covenants in this Indenture from R. V. Ranelagh and his Partners to His Majesty and the considerations thereof Page 7. V. R. c. shall within 14. dayes after Warrants signed and directed to them defray so much of His Majesties expence of Ireland which from the last of December 1670 to the 4th of August 1671 ought according to the Establishment to have been born by His Majesty if this Indenture had not been made Page 7. V. R. c. shall from the 4th of August 1671 to the 26th of December 1675 defray all the expence of Ireland according to the Establishments as otherwise which by His Majesty ought to have been born if this Indenture had not been made and cause the same to be paid by equal proportions within 40. days after the end of every Quarter as the same shall respectively grow due Page 7. The Moneys to be paid for such Expences are not in any one year to exceed 171843 li. 5 s. 6 d. out of which the Fees and Cheques are to be deducted And there are to be due and legal Warrants signed for the issuing thereof Page 7. If after the 25th of December 1670 and before the 26th of Decemb. 1675 any Cheques of pay made by reason of absence want or unserviceableness of Horse or Arms or neglect of duty the Chief Governour may lessen or remit any such Cheques so the same be done within three moneths after the Muster Rolls shall be closed and before any Warrants of Pay be issued upon such Muster Rolls duplicates whereof are to be returned to V. R. c. Page 8. V. R. c. shall within four years after 25th December 1671 discharge the Arrears which on the 25th of December 1670 were unpaid according to the Establishment to any in the Military and Civil Lists and to the Train of Artillery Page 8. And shall cause due payment to be made of the said Arrears within the said time by even and equal portions without composition or deduction the fees and cheques excepted the first payment whereof shall begin and be made the 24th December 1672 Page 9. His Majesty shall be discharged from all such Arrear so as the same deducting the fees and cheques exceed not for the Military List 139001 li. 11 s. 4 d. for the Civil List 4000 li. and for the Train of Artillery 1147 li. Page 9. V. R. c. shall before 25th December 1675 discharge without any Abatement except the Fees so much of these sums as on the 4th of August 1671 shall be unpaid unto these persons and uses  li. s. d. The Present Farmers 70000   Sir William Bucknall 11000   Londonderry Customs 4000   Phoenix Parke 10000   Patrick Archer 6294   Arms and Ammunition 6076   Moiety of the Ten Months Arrears 20394 19  Earl Anglesey 2500   Colonel Lane's Daughters 6000   Earl Arlington 6250   Michael Archbishop of Dublin 2500   Fran. and Eliz. Jones 3500   John St. Leger 400   Rachel Vicountess Falkland 3000   Page 9. Whereas the late Farmers of the Customs Excise imported and Inland and Licences of Ale Beer Wine c. demand defalcations by reason of the war with the United Provinces during two years and three quarters of their respective Farms V. R. c. shall either come to an agreement with them for the same or cause their demands in respect thereof to be examined and setled and take upon themselves the whole loss of the defalcations which upon such agreement or examination shall be allowed and discharge His Majesty from the same Page 11. V. R. c. shall over and above the said sums payments and discharges within two years to commence from the 25th of December 1675 pay unto His Majesty 80000 li. by four equal Portions half yearly Page 11. Further Covenants from His Majesty That V. R. c. performing their Covenants shall enjoy the whole surplus of the Revenue to their own use without any further or other account matter or thing to be given to His Majesty and are hereby acquitted and discharged against His Majesty of all accounts and demands which can or may be made concerning the same Page 12. The Commission for Enquiry into Arrears due to His Majesty is superseded Page 13. All respits of Quit-rents and other sums of money due to His Majesty are declared void and determined Page 13. The Composition with the 49. Officers for the moiety of their 100000 li. payable out of the years value shall not be obstructed or delayed but perfected as begun and intended and the whole benefit and advantage thereby to His Majesty shall be enjoyed by the said V. R. c. Page 13. His Majesty will direct the Chief Governour and Council in Ireland to reapplot and levy upon the Lands of Ireland whatsoever the years value shall be found deficient of the 300000 li. and cause the same to be effectually done as by the Act of Explanation is appointed allowing four years time for the payment thereof half yearly at Michaelmass and Easter the last payment to be made at or before the 29th of September 1675 Page 13 14. Provisoes Limitations and Restrictions Page 14. Nothing herein is to restrain His
Majesties Prerogative to pardon Offendors or to remit or reduce forfeited Recognizances of the Peace good behaviour appearances or other particulars of the Green-Wax or Fines and Forfeitures against the Laws or Outlawries other then what relates to the Revenue unless the duty for which the same shall happen with the Costs and Charges be fully satisfied but His Majesty may exercise his Royal Authority in such Cases as amply as if this Indenture had not been made And His Majesty may issue Commissions for reducement of such sums of Money as hath been accustomed so as the sums due to His Majesty after such reducements or levied by his Officers shall be paid to V. R. c. Page 14 15. His Majesty may demise or grant for any Estate his Royal Mines and any Messuages Houses Mannors Castles Lands Tenements or Hereditaments in Ireland yet undisposed of or whereunto His Majesties Title shall hereafter appear so as such Rent be reserved thereupon as may be at least equivalent to the new Quit-rents or the ancient Crown-rent if it exceed the Quit-rent and no Arrears of Quit-rent or mean profits be discharged Page 15. If His Majesty grant any Lands c. to the uses of the Declarations 30th November 1660 other then to such or in trust to such who formerly received the issues and profits thereof the same shall be freed from Arrears of Quit-rent and mean profits due before 25th December 1668 and V. R. c. shall not molest the Grantees nor the Lands granted but may take their remedy for the same against the former Enjoyers or Pervors of the Profits of such Lands c. Page 16. Further Covenants from V. R. c. to His Majesty Page 16. The Farmers of the great Branches of the Revenue and those concerned in the Patent of Abatements and all other Farmers by vertue of any Grant under the Great Seal before the 25th December 1670 may under their respective Articles Covenants Conditions and Provisoes enjoy their several Farms according to the tenor thereof without any lett of V. R. c. Page 17. V. R. c. shall not demand Defalcations for any sums which are or shall be allowed to such Farmers for the two years ending 25th December 1670 or for or in respect of any other matters or things settled and determined before that time in pursuance of and according to such Grants or for any pretensions of the said Farmers upon the 9th of June 1671 depending in the Exchequer at Dublin for Defalcations for Lands in Certificate and not past in Letters Patents or for the Composition Rents which way soever the same shall be determined Page 17. The Defalcations which may hereafter be pretended unto by the said Farmers shall be only determined in such way as by their several Agreements is appointed Page 17. V. R. c. shall allow the usual Enstallments for payment of First-fruits or Twentieth parts and will be concluded by the values made or to be made by the Commissioners now or hereafter to be appointed under the Great Seal and His Majesty in case any defect of the Commissions will give Order for renewing and rectifying the same and for proceeding thereupon in as ample manner as His Majesty might have done if this Indenture were not made Page 18. Further Provisoes Limitations and Restrictions Page 18. His Majesty may alter the payments in the Civil and Military Lists of the Establishments so as the whole yearly charge do not in any one year exceed 171843 li. 5 s. 6. d. and may appoint the method and precedency of the payment of His Majesties debts so as those for which Interest is payable be first satisfied Page 18. If His Majesty shall not renue any Pension or Temporary Payment in the Establishment which shall cease or be determined V. R. c. shall pay His Majesty so much as the same would have amounted unto if it had not been determined Page 19. His Majesty may dispose of 7155 li. 4 s. 10 d. ½ due on the Ballance of the Earl of Anglesey's Account until second July 1667 And of 19491 li. 5 s. 4 d. due on the Ballance of the Account of Sir Geo. Carteret until 20th January 1669 without allowing of any defalcations for the same Page 19. So much of the 50000 li. payable to the Duke of Ormond by the Act of Explanation as is yet behind And the yearly summe of 5000 li. per annum granted to him out of the Quit-rents for a term unexpired And 30000 li. granted to James E. Suffolke shall be paid unto them respectively out of the several Fonds on which the same are charged as the same would have been if this Indenture had not been made without any Defalcations Page 19. If His Majesty remit unto E. Anglesey the mean profits and Quit-rents of the Lands in Beare and Bantry mentioned in his Certificate reserving the Antient Crown rents from the date of the Certificate until the 25th December 1670 reserving onely the yearly Rent of one half peny out of every Acre of the said Lands V. R. c. shall have no defalcations for the same Page 20. If His Majesty shall pardon or discharge Sir James Shaene and his Estate from any suits or demands concerning any Moneys received from His Majesty towards the Purchase of the Customs of Londonderry or any other debts duties or arrearages whatsoever other then the arrears of Quit-rent Crown-rent the years value or reapplotment of the deficiency thereof V. R. c. shall have no defalcation in respect thereof Page 20. If V. R. c. shall sue in their own or His Majesties name and thereupon cause any Lands to be seized or extended for the Payment of Arrears the same shall be so done that no interruption shall be given to the present Farmers contrary to His Majesties Covenants with them and they will bear the whole loss without any defalcations for the same Page 20. His Majesty further Covenants That all the Moneys which are or shall grow due or be payable unto His Majesty before the 26th of December 1675 shall during the term be brought into the Receipt of the Exchequer at Dublin in the usual manner to the end the same may be applied to the Vses herein mentioned Page 21. His Majesty will commissionate R. V. Ranelagh Sir Alexander Bence Sir James Hayes John Bence and George Dashwood to be His Majesties Officers and Commissioners to have the sole custody of all Moneys so brought in and sole power to receive give discharges for and issue the same to the Vses of this Indenture with clauses therein totally to prohibit any other from intermedling therein during the said time Page 22. All Warrants for payments of any money from the 4th of August 1671 to the 26th of December 1675 shall be so made and signed by the Chief Governour of Ireland and directed to the said R. V. R. Sir A. B. Sir J. H. J. B. and G. D. onely to the intent they may wholly apply the
His Majesties said Debts so alwayes that such debts for which Interest is or shall be payable be satisfied and paid in the first place and before any other debts for which no Interest is or shall be due or payable any thing herein before or after contained to the contrary notwithstanding Provided also That if any Pention Annuity If His Majesty shall not renue any Pention or Temporary payment in the Establishment which shall cease or be determined V.R. c. shall pay His Majesty so much as the same would have amounted unto if it had not been determined or Temporary payment so as aforesaid determined shall not be thought fit to be renued that then and in every such case the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon and all and every Person and Persons claiming by from or under them or any of them * 7 shall pay or cause to be paid unto His Majesty His Heirs and Successors so much Money over and above all the sums and payments herein before agreed to be paid as the said Annuity or Pention so as aforesaid determined would have amounted to and in such manner and forme and at such times as the same Annuity or Pention should have been paid if it had not been determined any thing herein before contained to the contrary notwithstanding Provided also And it is further Concluded and Agreed His Majesty may dispose of 7155 l. 4 s. 10d ½ due on the Ballance of the Earl of Angleseys account untill 2d July 67 And of 19491 l. 5 s. 4 d. due on the Ballance of the Accompt of Sir George Carteret untill 20 January 69 without allowing of any Defalcations for the same and so is hereby declared That it shall and may be lawfull to and for His Majesty His Heirs and Successors to have receive and dispose of the full benefit and advantage of Seven thousand one hundred fifty five pounds four shillings ten pence half penny remaining upon the ballance of the Earl of Angleseys account untill the second day of Iuly One thousand six hundred sixty seven and also of the sum of Nineteen thousand four hundred ninety one pounds five shillings and four pence remaining due upon the ballance of the Accompt of Sir George Carteret untill the twentieth day of Ianuary One thousand six hundred sixty nine without making or allowing any Defalcations or abatements therefore out of the said Eighty thousand pounds or any other the sums of money herein before agreed to be paid to or for His Majesty His Heirs or Successors any thing herein contained to the contrary in any wise notwithstanding Provided also and it is further concluded and agreed So much of the 50000 l. payable to the Duke of Ormond by the Act of Explanation as is yet behind And the yearly sum of 5000 l. per annum granted to him out of the Quit-rents for a terme unexpired And 30000l. granted to James E. of Suffolke shall be paid unto them respectively out of the several Fonds on which the same are charged as the same would have been if this Indenture had not been made without any Defalcations and so is hereby Declared that the sum of Fifty thousand pounds payable to James Duke of Ormond or his Assignes by the Act of Explanation or so much thereof as is yet behind and unpaid and also the yearly sum of Five thousand pounds per annum granted by His Majesty to the said Iames Duke of Ormond out of the Quit-rents for a terme of years yet unexpired And also the sum of Thirty thousand pounds granted by His Majesty unto Iames Earl of Suffolke shall remain and continue payable and be duely satisfied and paid unto the said James Duke of Ormond and James Earl of Suffolke respectively and to their several and respective Executors Administrators and Assignes out of the several and respective Fonds whereon the same are charged by such person and persons and with such preferences and in such order manner and forme as the said several and respective sums would or ought to have been paid if this present Indenture had not been made deducting onely thereout the due Fees and Charges therefore payable without making or allowing any Defalcations or Abatements therefore out of the said Eighty thousand pounds or any other the sums of Mony herein before agreed to be paid to or for His Majesty His Heires or Successors any thing herein contained to the contrary in any wise notwithstanding If His Majesty remit unto E. Anglesey the Meane-Profits and Quit-rents of the Lands in Beare and Bantry mentioned in his Certificate reserving the antient Crown-rents from the date of the Certificate untill the 25th December 70 reserving only the yearly rent of one half penny out of every Acre of the said Lands V.R. c. shall have no defalcations for the same Provided also and it is hereby further agreed and so declared That if His Majesty shall graciously please to grant pardon remitt and discharge unto Arthur Earl of Anglesey all and every or any the Meane-profits and Quit-rents due on out of or for the Lands in the Barrony of Beare and Bantry in the County of Corke mentioned in his Certificate reserving only the antient Crown-rents from the date of the said Certificate untill the Five and twentieth day of December One thousand six hundred and seventy reserving only the yearly Rent of one half-penny out of every Acre of the said Lands that then and in such case the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon nor any of them nor any claiming under them or any of them shall have any Abatement or Defalcation in respect thereof out of the said Eighty thousand pounds or any the sums of Mony herein Covenanted or undertaken to be discharged and paid by them any thing herein contained to the contrary in any wise notwithstanding If His Majesty shall pardon or discharge Sir James Shaen and His Estate from any Suites or Demands concerning any Moneys received from His Majesty towards the Purchase of the Customes of Londonderry or any other debts duties or arrearages whatsoever other then the arrears of Quitrent Crown rent the years value or reapplotment of the deficiency thereof V. R. c. shall have no defalcation in respect thereof If V. R. c. shall sue in their own or His Majesties name and thereupon cause any Lands to be seized or extended for the Payment of Arrears the same shall be so done that no interruption shall be given to the present Farmers contrary to His Majesties Covenants with them and they will beare the whole loss without any Defalcations for the same Provided likewise That if His Majesty shall gratiously please to remit pardon release or otherwise discharge Sir Iames Shaen Knight
of St. Michael the Archangel now last past or for or in respect of any Quit-rents due or payable for any Land inclosed in his Majesties Park near Dublin called the Phoenix Park or any other his Majesties Parks whatsoever And whereas much time hath been already spent since the said Proposals first made to his Majesty by the said Lessees and Farmers and his Majesties acceptance thereof before the Covenants Provisoes and Agreements in these presents contained could be setled and made ready for his Majesties great Seal to be thereunto affixed By reason whereof a great part of the first year of the Lease for seven years hereby granted which was to take effect in possession and to Commence from the Feast of the Nativity of our Lord Christ now last past is elapsed and gone No advantage to be taken of any forfeiture so as the Rent which was to have been paid before Midsummer 1669 be paid in six months after the date hereof and that some doubt may arise whether the said Lessees and Farmers will not immediately upon the sealing hereof incurre some danger of forfeiture for breach of some Proviso or Condition herein before mentioned by reason of their non-payment of their Rent and other sums of money which should have been paid at such days and times as are now past His Majesty is hereby pleased to declare that no advantage shall be taken of any forfeiture for non-payment of any Rent or other sums of money which should have been paid before the Feast of the Nativity of St. John Baptist one thousand six hundred sixty and nine so as the same be paid in to his Majesties Receipt of Exchequer at Dublin within the space of six months next ensuing the date of these presents any thing before contained in these presents to the contrary notwithstanding And his Majesty doth hereby further declare and agree that for the better and more effectual impowering and enabling the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall to have take receive collect and enjoy the said Quit-rents and all other the rents hereby demised as the same shall from time to time grow due and payable during the term hereby granted It shall and may be lawful to and for the said John Forth The Farmers or any five or more of them to give Acquittances for Quit-rents c. William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall or any five or more of them from time to time and at all times during the term hereby demised to make and give under their or any five or more of their hands Acquittance or Acquittances to all or any person or persons whatsoever paying the said Quit-rents and other the rents hereby demised And the Acquittance or Acquittances of them the said John Forth And the same to be to these paying the same a sufficient discharge William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall or any five or more of them shall be unto aâ—l and every such person or persons so paying the same from time to time a sufficient discharge for the same And the Lord Treasurer Vice-Treasurer Chancellor and Barons of the Court of Exchequer in Ireland and all other Officers and Ministers of the Revenue there for the time being are hereby authorized and impowered to admit allow and approve of all such Acquittance or Acquittances by them the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall or any five or more of them from time to time so made and given as aforesaid and to exonerate and discharge all and every the person and persons of and for all and every such Quit-rents and other rents sum and sums of money in all and every Acquittance or Acquitcances mentioned and contained in as full and effectual manner and form as if the same Quit-rents and other rents sum and sums of money had been really paid by such person or persons into the recept of his Majesties Exchequer in Ireland And for so doing these presents or the Inrolment thereof shall be to them and every of them a sufficient Warrant and Authority in that behalf The persons making and giving the said Acquittances to any the Officers their just fees c. PROVIDED always that the several persons who shall make or give such Acquittances do pay or secure to be paid unto all and every the Officers and Ministers of his Majesties Court of Exchequer aforesaid all such just and usual Fees Allowances and Duties for and in respect of such Rents and sums of money for which such Exonerations and Discharges shall be made by them as aforesaid as they the said Officers and Ministers ought to have had and received in case the said Quit-rents and other rents and sums of money in such Acquittances mentioned and contained had been actually paid into his Majesties Receipt of Exchequer as aforesaid And for the better ascertaining and securing the payment of the Quit-rents hereby demised Where Lands vested in his Majesty by the Acts of Settlement and Explanation and subject hereby to the payment of Quit-rents or are or shall be granted in Custodium or demised for years The Farmers to receive so much yearly Quit-rents as by the said Acts are due and in default thereof to pay themselves by way of Retayner c. Saving to his Majesty such Rents as shall be reserved on any such Grant in Custodium or other Lease for any less term than one and twenty years The Patent to be inrolled in Chancery and Exchequer in Ireland within a year after the date hereof on pain of losing 100 l. a moneth after the said year expired His Majesty is graciously pleased further to declare and agree that where any Lands vested in His Majesty by the Acts of Settlement and Explanation or either of them and subject to the payment of such Quit-rents as are hereby demised do or shall remain in his Majesties hands or are or shall be granted in Custodiâ—um or otherwise let or demised for any term of years That then and in all and every such case and cases it shall and may be lawful to and for the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns to have and receive so much yearly Quit-rent as by the said Acts of Parliament or either of them are due and payable for such Lands or in default thereof to pay themselves the said Annual Quit-rents by way of Retainer of so much of the yearly rent reserved by these presents as the
same to the Vses of this Indenture Page 22. R. V. R. Sir A. B. Sir J. H. J. B. and G. D. will during the Vndertaking quarterly or within 40 dayes after each Quarter pay unto the Vice-Treasurer the usual Fees and Profits for any money paid out as the Vice-Treasurer ought to receive if such Warrants had been directed to himself Page 22. Further Covenants from R. V. R. c. Page 23. All those from whom any Arrears of Quit-rents are due shall have the benefit of a Clause in the Grant to the Farmers of the great Branches concerning the levying thereof and no prosecution shall be made for recovering thereof otherwise than His Majesty might do if this Indenture had not been made Page 23. No Arrears of Quit-rents before the 25th December 1668 shall be demanded for unprofitable Lands Page 23. His Majesty may authorize the Chief Governour and others to install any other debts or arrears due before 25th December 1670 so the same be not above eight half yearly payments the first to be made the 25th of December 1671 and none to extend beyond the 24th of June 1675 and so the same be not sufficiently secured Page 23 24. The Power of Enstallments not to extend to Farmers or Receivers of the Revenue to small sums to such who deny or dispute the debt or refuse without suit to give security for payment by Enstallments Page 24. No suit at Law shall be made for any debt which is not of Record or already charged unless the Chief Governour be first satisfied that there are probable grounds and that His Majesty is justly intitled and might have sued for the same if this Indenture had not been made Page 24. The Chief Governour to issue Proclamations for Accomptants within a limited time to come in and clear Accounts and declaring to other debtors the favorable Enstallments intended them and requiring them to take effectual course to state and secure their respective debts Page 25. R. V. R. c. shall give unto the Chief Governour and such others as His Majesty shall appoint an account of their proceedings in the management of the premisses and will observe their directions for the better and more easie execution of the Powers and accomplishing the ends of this Indenture Page 25. Further Covenants and Powers from His Majesty Page 25. The general Clause concerning Defalcations in case of War Plague c. Page 25. Full power given to R. V. R. c. in their own or His Majesties name to sue for recover and take execution for all Debts and Arrears in any of His Majesties Courts as His Majesty by Law Prerogative or otherwise might do if this Indenture were not made and to apply the same to the uses undertaken and to detain the surplus to their own use without any account to be therefore rendred to His Majesty in any wise Page 27. Power to R. V. R. c. their Deputies Agents and Servants to view search examine and take Copies of all Records Books Papers or other Memorials concerning the Premisses without charge or paying of any Fee for the same Page 27. R. V. R. c. to be freed from all publick employments which would hinder their attendance on this service Page 28. R. V. R. c. may at their own cost and charges have Constats Exemplifications and Duplicates of this Indenture without any further Order or Direction Page 28. His Majesty commands all his Officers and Ministers to be aiding and assisting to the said R. V. R. c. in as ample manner as they ought to do unto His Majesty if this Indenture had not been made Page 28. His Majesty commands the Judges of the Exchequer to award Writs and to cause Process to be executed concerning the premisses Page 29. His Majesty will give R. V. R. c. such further Covenants and Grants as shall be reasonably advised for the full and quiet having and enjoying and such other Powers and Authorities for levying and collecting the premisses and such aid and assistance from His Majesty his Privy Council Exchequer Courts of Justice and all other his Officers and Ministers as any Commissioners Receivers Collectors Farmers and other Ministers of His Majesties Revenue in England or Ireland ever had or ought to have and as in this case shall be thought fit and reasonable Page 30. This Indenture to be inrolled in Ireland within six months Page 30. His Majesty or Chief Governour will after 25th December 1675 until 25th December 1677 authorize R. V. R. c. to levy receive compound or discharge all moneys and arrears comprehended in this agreement which before 25th December 1675 shall be brought in charge upon Record as amply as His Majesty might if this Indenture were not made Page 30 31. This Indenture shall be construed and taken most favourably and beneficially for the said R. V. R. c. and for the better enabling them to execute and perform this Vndertaking Page 31. His Majesty to one part of the Indenture hath affixed the Great Seal of England and R. V. R. c. have put their Hands and Seals to the other part Page 31. 1. THIS INDENTVRE made the fourth day of August in the Three and twentieth year of the Reign of Our most Gracious Sovereign Lord CHARLES the Second The Preamble of this Indenture dated the 4th of August 1671. by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Annoque Domini One Thousand six hundred seventy one Between the said Kings most Excellent Majesty on the one part Parties to the Indenture and Richard Lord Viscount Ranelagh in the Kingdom of Ireland Sir Alexander Bence Knight Sir James Hayes Knight John Bence of London Esquire George Dashwood Esquire Joseph Dean Esquire Robert Huntingdon Esquire John Stepney Esquire and Richard Kingdon Esquire one other part Recital of a former Indenture or Grant 12 July 1669. to John Forth and ten others of the great Branches of the Revenue in Ireland for seven years from 25th December 1675. at 206250 li. for the year ending the 25th December 1671. and 219500 li. per annum the remaining four years WHEREAS the great Branches of His Majesties Revenue in Ireland that is to say the Customs and Subsidies of Tonnage and Poundage the Duties of Excise for Goods Imported commonly called the Foreign Excise the Duties of Excise arising from Beer Ale Strong-waters and other Excisable Liquors commonly called the Inland Excise the Duties arising by Hearthmony the Duties arising by Licences to Retail Wines and Strong-waters and by Licences for Selling Ale and Beer by Retail as also all the new Quit-rent given to His Majesty by the late Acts of Settlement and Explanation all Chief-rents and Feefarm-rents all Rents Service-rents Charge-rents Seck-rents reserved upon Leases for one and twenty years or more Assart-rents due for Purprestures arented Copyhold-rents and all other certain and ancient Crown-rents yearly payable to His Majesty
prosecution thereof shall be fully satisfied and discharged but that it shall and may be lawful to and for His Majesty his Heirs and Successors to use and exercise his and their Power Prerogative and Authority Royal in all and every the Cases aforesaid as fully and amply as he or they might have done if this present Indenture had never been had nor made any thing herein before contained to the contrary in any wise notwithstanding PROVIDED also and so it is hereby declared and agreed that it shall and may be lawful to and for His Majesty his Heirs and Successors at any time or times after the date of these presents to issue out such and so many Commissions unto such person and persons as shall be thought fit thereby impowering and authorising them to make such reducements and abatements of the sums of money owing or which hereafter shall grow due unto His Majesty his Heirs or Successors as they shall think fit and hath formerly been accustomed in like Cases so always that all and singular such sum and sums of money which from and after such reducement shall be due and payable to His Majesty his Heirs or Successors or which after such reducements or other lawful deductions and allowances made as aforesaid shall be levied or received by any of His Majesties Officers shall forthwith be answered and paid over unto the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or the Survivors or Survivor of them or the Executors or Administrators of the Survivor of them any thing herein before contained to the contrary in any wise notwithstanding PROVIDED also and so it is hereby declared and agreed His Majesty may demise or grant for any Estate his Royal Mines and any Messuages Houses Mannors Castles Lands Tenements or Hereditaments in Ireland yet undisposed of or whereunto His Majesties Title shall hereafter appear so as such rent be reserved thereupon as may be at least equivalent to the new Quit-rents or the Ancient Crown Rent if it exceed the Quit-rent and no arrears of Quit-rent or mean profits be discharged that it shall and may be lawful to and for His Majesty his Heirs and Successors from time to time and at all times hereafter to give grant demise lease or confirm unto any person or persons all and every or any of His Majesties Royal Mines within the said Kingdom of Ireland * 6. and also any Messuages Houses Mannors Castles Lands Tenements or Hereditaments within the Realm of Ireland which are yet undisposed or whereunto His Majesties Right and Title shall at any time hereafter be made to appear for such Estate or Estates as His Majesty his Heirs or Successors shall think fit whether the same be an Estate of Inheritance Free-hold or term of years or any other less Estate so as upon every such Gift Grant Demise Lease or Conformation such Rents may alwayes be reserved as may be at least equivalent and proportionable to the new Quit-rents which by the late Acts of Settlement and Explanation are payable by Adventurers and Soldiers or to the Antient Crown Rents therefore payable where the Antient Crown Rents shall exceed the proportion of the new Quit-rents and so also that no arrears or mean profits due thereupon be any way remitted released or discharged any thing herein contained to the contrary in any wise notwithstanding If His Majesty grant any Lands c. to the uses of the Declaration 30th November 1660 other then to such or in trust to such who formerly received the issues and profits thereof the same shall be freed from arrears of Quit-rent and mean profits due before 25th December 1668 and V. R. c. shall not molest the Grantees nor the Lands granted but may take their remedy for the same against the former Enjoyers or Pervors of the profits of such Lands c. And if His Majesty his Heirs or Successors shall at any time hereafter for the better promoting the uses intents or purposes of His Majesties late gracious Declaration of the Thirtieth of November in the year One thousand six hundred and sixty give grant or demise any Messuages Mannors Lands Tenements and Hereditaments to any person or persons other then to such person or persons their heirs or assigns or to any in trust for him or them or to his or their use who formerly received the issues and profits thereof Then and in every such case all and every the Messuages Mannors Lands Tenements and Hereditaments so to be given granted demised or disposed as aforesaid shall be freed exonerated and discharged of and from all arrearages of Quit-rent and mean profits grown due incurred or accrued upon or before the Five and twentieth day of December in the year of our Lord One thousand six hundred sixty eight AND the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon nor the Survivors nor Survivor of them nor the Executors or Administrators of the Survivor of them shall in any sort vex or molest or disquiet any such person or persons to whom any Lands or Tenements shall be granted or disposed as aforesaid nor the Lands or Tenements so granted or disposed for or in respect of any such arrears of Quit-rents or mean profits but shall and may pursue and take such other remedy for recovery thereof in His Majesties Name or in their own Names against the former Tenants and Enjoyers of the said Lands and Tenements or the Pervors of the profits thereof as they shall be advised and by their Council learned in the Law Further Covenants from V. R. c. to His Majesty shall be thought expedient And the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon have covenanted and granted and by these presents for themselves and every of them their and every of their Heirs Executors and Administrators do covenant grant and agree to and with our said Sovereign Lord the Kings Majesty his Heirs and Successors That all and every the Farmers of the great Branches of His Majesties Revenue in Ireland The Farmers of the great Branches of the Revenue and those concerned in the Patent of Abatements and all other Farmers by vertue of any Grant under the Great Seal before 25th December 1670 may under their respective Articles Covenants Conditions and Provisoes enjoy their several Farms according to the tenor thereof without any let of V. R. c. by vertue of a Lease thereof made the twelfth day of June in the One and twentieth year of His Majesties Reign and herein before-mentioned And also such of the said Farmers who are again mentioned in His Majesties Letters Patents bearing date the third day of August in the said One and twentieth
year of His Majesties Reign herein before recited and all other Farmers by vertue of any Grant under the Great Seal of England or Ireland before the five and twentieth day of December in the year of our Lord One thousand six hundred and seventy shall and may under the Articles Covenants Conditions and Provisoes mentioned in their several Grants peaceably and quietly have hold and enjoy their several and respective Grants and Farms according to the tenor and purport thereof and the full benefit of all sums of money therein granted and demised without any lett or interruption of them the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon John Stepney and Richard Kingdon or any of them or of any other person or persons claiming by from or under them And further V. R. c. shall not demand defalcations for any sums which are or shall be allowed to such Farmers for the two years ending 25th Decemb. 1670 or for or in respect of any other matters or things setled and determined before that time in pursuance of and according to such Grants or for any pretensions of the said Farmers upon the 9th of June 1671 depending in the Exchequer at Dublin for defalcations for Lands in Certificate and not past in Letters Patents or for the Composition Rents which way soever the same shall be determined The defalcations which may hereafter be pretended unto by the said Farmers shall be onely determined in such way as by their several Agreements is appointed that neither they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon nor any of them nor any other person or persons claiming or to claim by from or under them or any of them shall or will at any time or times hereafter ask demand receive or have any Abatement or Defalcations for or in respect of any sum or sums of money which are or shall be allowed or given to such Farmers by vertue or colour of such Leases or Grants for or in respect of the two years ending the five and twentieth day of December One thousand six hundred and seventy or for or in respect of any other matters or things settled and determined before the said time in pursuance of and according to such Grants respectively or for or in respect of any pretensions of the said Farmers upon the ninth day of June One thousand six hundred seventy one depending in the Court of Exchequer at Dublin for Defalcations for Lands in Certificate not passed in Letters Patents or for the Composition Rents which way soever the same is or shall be determined And moreover all and every the Defalcations which may hereafter be pretended unto by the said Farmers or any of them shall be solely and onely determined in such way and manner as by the several agreements relating thereunto was and is appointed any thing in these presents before or after contained to the contrary in any wise notwithstanding V. R. c. shall allow the usual Enstallments for payment of First-fruits or Twentieth parts And will be concluded by the values made or to be made by the Commissioners now or hereafter to be appointed under the great Seal And His Majesty in case any defect of the Commissions will give order for renewing and rectifying the same and for proceeding thereupon in as ample manner as His Majesty might have done if this Indenture were not made AND the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon for themselves and every of them their and every of their Heirs Executors and Administrators do further covenant and agree to and with His Majesty his Heirs and Successors by these presents that they and every of them and all others claiming by from or under them shall and will in all Cases where any payments are or shall be due from any Spiritual or Ecclesiastical Persons in Ireland for or in respect of any First-fruits or Twentieth parts permit and allow all and every such persons to have receive and enjoy the full use and benefits of such Enstallments for the payment thereof as by Law or the usual Course and Practice in such Cases is or hath been allowed they doing and performing on their parts what in like Cases hath been accustomed And also shall and will accept of and be contented with and concluded by such values of the First-fruits and Twentieth Parts due from and payable by the said Spiritual and Ecclesiastical Persons as shall appear upon the returns thereof made or to be made by such Commissioners who now are or hereafter shall be in that behalf authorized and appointed under His Majesties Great Seal of Ireland NEVERTHELESS if any defect is or shall be found in the Commissions which now are or hereafter shall be issued out His Majesty is pleased to covenant and agree by these presents That upon humble Petition to him made by the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon or such as do or shall claim by from or under them or any of them effectual Order shall be forthwith given for the rectifying and renuing of such Commissions and for the proceeding thereupon in as full and ample manner as His Majesty could or might lawfully have done if this present Indenture had not been made Further Provisoes Limitations and Restrictions His Majesty may alter the payments in the Civil and Military Lists of the Establishments so as the whole yearly charge do not in any one year exceed 171843 li. 5 s. 6 d. and may appoint the method and precedency of the payment of His Majesties debts so as those for which interest is payable be first satisfied PROVIDED ALSO and it is further concluded and agreed and so is hereby declared that it shall and may be lawful to and for His Majesty his Heirs and Successors from time to time and at all times hereafter to alter reduce change or encrease any of the Wages Sallaries Pensions Payments or other Entertainments whatsoever mentioned in the several and respective Establishments of the Civil and Military Lists so as the whole yearly charge thereby made do not in any one year exceed the sum of One hundred seventy one thousand eight hundred forty three pounds five shillings and six pence and also where any Annuity Pension or Temporary Payment now comprehended in either of the said Lists shall cease or determine to renue the same and make it payable to such other person or persons and for such further time as His Majesty his Heirs or Successors shall think fit and also to regulate settle and appoint the Method Order and Precedency of the payment of all or any of
of the undertaking herein before mentioned And yet nevertheless the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence and George Dashwood have Covenanted and Granted by these presents for themselves and every of them their and every of their Heires Executors and Administrators do Covenant and grant to and with His Majesty His Heires and Successors that they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence and George Dashwood or the survivors or survivor of them shall and will from time to time during the continuance of this present undertaking Quarterly or within Forty dayes after each Quarter R. V.R. Sir A.B. Sir I. H. J. B. and G. D. will during the undertaking Quarterly or within 40 dayes after each Quarter pay unto the Vice-Treasurer the usuall Fees and Profits for any Money paid out as the Vice-Treasurer ought to receive if such Warrants had been directed to himself well and truly pay or cause to be paid unto His Majesties Vice-Treasurer of Ireland for the time being all and every the usual and accustomed Fees and Profit for or in respect of any sums of Money by them to be issued and paid out as aforesaid as such Vice-Treasurer for the time being could or ought to have received if such Warrants had been directed unto or such payments had been made by the said Vice-Treasurer himself for the time being any thing herein before contained to the contrary notwithstanding AND BECAUSE a rigorous and speedy Collection levying and bringing in of such debts arrears and other sums of money as are now due and owing to His Majesty would in all probability be attended with many evil consequences and inconveniences to His Majesties Government therefore for the prevention thereof and for the better securing all His Majesties Subjects in Ireland from all unnecessary trouble unjust vexation or double payments the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon have covenanted and granted Further Covenants from R. V. R. c. and by these presents for themselves and every of them their and every of their Executors and Administrators do covenant and grant to and with His Majesty his Heirs and Successors All those from whom any arrears of Quit-rents are due shall have the benefit of a clause in the Grant to the Farmers of the great Branches concerning the levying thereof and no prosecution shall be made for recovery thereof otherwise than His Majesty might do if this Indenture had not been made that whereas in His Majesties Letters Patents herein before mentioned bearing date the third day of August in the one and twentieth year of his Reign amongst other things therein contained there is a Covenant on the part of His Majesty That His Majesty shall not in any one year during the term of seven years therein mentioned collect or receive or suffer to be collected or received from any person or persons above the seventh part of any arrear of Quit-rents by them or any of them then due and in arrear that all and every person and persons from whom any arrear of Quit-rents is now due and payable shall have the full benefit ease and effect of the said Covenant and that no prosecution shall be had or made for the recovery of any arrears of Quit-rents otherwise or in any other manner than His Majesty his Heirs or Successors could or might have prosecuted if this present Indenture had not been made without breach of the said Covenant but that His Majesty his Heirs and Successors shall be from time to time saved harmless of and from all Breaches of the said Covenant which may happen and of and from all Defalcations which can or may be demanded by the said Farmers for or by reason thereof and moreover No arrears of Quit-rents before 25th December 1668 shall be demanded for unprofitable Lands that no arrears of Quit-rents issuing out of or due or payable for or in respect of any unprofitable Lands upon or before the five and twentieth day of December in the year of our Lord one thousand six hundred sixty eight shall at any time hereafter be sued for prosecuted or any way demanded AND FURTHER that it shall and may be lawful to and for His Majesty his Heirs and Successors His Majesty may authorize the Chief Governour and others to install any other debts or arrears due before 25th Decemb. 1670. so the same be not above eight half yearly payments the first to be made the 25th of December 1671 and none to extend beyond the 24th of June 1675 and so the same be not sufficiently secured from time to time and at all times hereafter to give full power and authority to the Lord Lieutenant or other Chief Governour or Governours of Ireland and such other person and persons as His Majesty his Heirs and Successors shall think fit to appoint to order the payment of any other debts or arrears which upon or before the five and twentieth day of December now last past were due and owing to His Majesty by such leasurely and proportionable payments and Enstallments as they in their wisdoms shall think just and equitable upon consideration had of each several and respective Case so alwayes that none of the said debts or arrears so to be installed be installed for any other or longer time then eight equal half yearly payments the first whereof to begin and to be made upon the five and twentieth day of December now next ensuing and no allowance of time or Enstallment hereafter to be made do extend beyond the four and twentieth day of June in the year of our Lord One thousand six hundred seventy-five and so also as that the payment so to be installed be at the time of the installment thereof sufficiently secured The power of Enstallments not to extend to Farmers or Receivers of the Revenue to small sums to such who deny or dispute the debt or refuse without Suit to give security for payment by instalments NEVERTHELESS IT IS hereby declared That the Power and Authority so to be given as aforesaid shall in no sort extend to the installing of any debts or arrears due or to be due from any Farmers Receivers or Collectors of any part of His Majesties Revenue nor to the enstalling of any small or inconsiderable sums except the debtors thereof shall be found to be very poor and unable nor to give any benefit or ease of payment to such person or persons who shall deny or any way contest or dispute the debt in demand and will not own or acknowledge the same or shall refuse to give security for payment thereof by such Enstallments as shall be allowed without any further Process or Suit of Law AND for the further prevention of all disquiet or vexation which can or may happen to any of His Majesties Subjects
Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall all that the Annual rate duty charge or imposition of two shillings sterling by the year due and payable to His Majesty his Heires and Successors for or in respect of any Fire-hearth or other place used for Firing and Stoves within any House or Edifice and which at any time after the Feast of the Nativity now last past unto the Feast of the Nativity which shall be in the year of our Lord One thousand six hundred seventy five shall or may from time to time during the terme aforesaid become due and payable or are appointed to be paid unto His Majesty His Heires and Successors by virtue of the said late Act Intituled An Act for establishing an Additional Revenue upon His Majesty His Heires and Successors for the better support of His and their Crown and Dignity And of the said other Act Intituled An Additional Act for the better ordering and collecting the Revenue arising by Hearth-Money or otherwise howsoever And also all and every the powers liberties priviledges profits and advantages in and by the said Acts or either of them vested in His Majesty and also all those Rates Charges Duties Impositions Payments and Sums of Mony due and payable to His Majesty by such person or persons who now are or at any time before the Feast of the Nativity which shall be in the year of our Lord 1675 shall be licensed to utter and sell by way of Retaile in their respective houses any Wine or Aqua-vitae Vsquebagh Brandy Balkan or any kind of distilled strong-waters or spirits and all other duties and sums of Money of that nature which by vertue of the said late Act of Parliament Entituled An Act for the better ordering the selling of Wines and Aqua-vitae together with all sorts of strong-waters by retaile or otherwise howsoever have grown due or shall or may at any time after the Feast of the Nativity of our Lord now last past unto the Feast of the Nativity of our Lord which shall be in the year of our Lord 1675 inclusive grow due and renew or from time to time during the terme aforesaid ought to become due and payable and are appointed to be paid to His Majesty His Heirs and Successors or any of them and all other the benefits profits and advantages of the said Act and also all those annual Quit-rents and payments of three pence per Acre yearly for every acre of English measure within the Province of Leinster in the Realm of Ireland and of two pence farthing per acre yearly for every acre of English Measure within the Province of Munster in the Realm of Ireland and of one penny half peny per acre yearly for every acre of English measure within the Province of Connaught in the Realm of Ireland and of two pence per acre yearly for every acre of English measure within the Province of Ulster in the Realm of Ireland and of one shilling six pence yearly out of every twenty shillings Rent for which any Houses or Tenements in any the Corporations in Ireland which have been allotted to any person or persons their heirs or assigns in or towards satisfaction of any arrears due to any Commissioned Officers who served his Majesty or his Royal Father in the Wars of Ireland upon or before the fifth of June 1649 have been or shall be let or demised And all and every the Annual Quit-rents and payments of that nature which by vertue of the said late Act entituled 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 And of the said other Act Entituled An Act for the explaining of some doubts arising upon an Act Entituled 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 Soldiers and other his Subjects there and for making some Alterations of and additions unto the said Act for the more speedy and effectual settlement of the said Kingdom or by any other Act of Parliament whatsoever or otherwise howsoever From Christmass last untill Christmass 1675 inclusive shall or may at any time after the Feast of the Nativity of our Lord God now last past and before and untill the Feast of the Nativity of our Lord God which shall be in the year of our Lord 1675 inclusive grow due and payable or from time to time during the terme aforesaid ought to become due and payable and are appointed to be paid unto his Majesty his Heires and Successors or any of them by or from all every or any of the Adventurers or Soldiers their Heires or Assignes setled in any Lands Tenements or Hereditaments by vertue of the two Acts of Parliament last before mentioned or either of them and by or from all and every person and persons restored unto and reprized for his and their estate and estates and by vertue of both or either of the Acts aforesaid and by or from such Commissioned Officers who served his Majesty or his Royal Father in the Wars in Ireland at any time before the fifth of June 1649 their heirs or assigns respectively and by or from any other person or persons whatsoever All which said annual quit-rents and payments are by the latter of the said two Acts of Parliament last mentioned commonly called the Explanatory Act charged upon and enacted to be issuing out of all Lands whatsoever which by the said Explanatory Act or by the said former Act commonly called the Act of Settlement were vested in his Majesty or restored by any Decrees in the said Explanatory Act confirmed or setled or mentioned to be disposed restored confirmed or setled unto or upon any person or persons bodies politick or corporate by vertue of any clause in both or either of the said Acts contained and not particularly by plain and express words excepted from quit-rents in the same clause and no other person or persons bodies politick or corporate whatsoever and out of all and singular the Lands appointed to be set out for augmentation of Bishopricks for endowment of Parochial Churches with Gleabe for the better support of the Provost or of the Provost and Fellows of the Colledge of Dublin for the maintainance of the Fort at Duncannon and the benefit of the Corporation at Bandon Bridge and out of all the Lands injoyed by transplanted persons in the Province of Connaught or the County of Clare and out of all other the Lands seized sequestred or set out by reason of or upon account of the late Rebellion or War the Lands of James Duke of Ormond Elizabeth Lady Duchess of Ormond the Earl of Burlington and Cork the Earl of Roscomon and other the Protestants of Ireland heretofore sequestred only excepted AND His Majesty of his further especial grace certain knowledge
forfeitures of the said Obligations or Recognizances shall be levied or paid into the Court of Exchequer And when the forfeitures are levyed they are to be delivered to the Farmers without further account so often all and every the said penalties and forfeitures be delivered unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes to their onely use and benefit without any other or further account And for so doing these Presents And the Officers discharged Commissioners for licenses to sell VVine c. not take Securities but such as they will answer for without the Farmers consent or the Enrolment thereof shall be to them and every of them and to all other Officers and Ministers to whom it shall appertain a sufficient Warrant and Discharge in that behalf And our said Soveraign Lord the King doth further charge and command all and every the Commissioners for granting of Licenses to persons to sell Wine Aquavitae or Strong-waters by Retaile that they presume not to take any Bonds or Recognizances by vertue of the said Act but of such sufficient persons for whom they will undertake if the parties prove unable unless the said Bonds and Recognizances be taken with or by the consent and good liking of the said John Forth William Bucknall VVilliam Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood VVilliam Muschamp Vnder their hands or the hands of some of them Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes or some of them thereunto first had by writing under their or some of their hands And that they do not deliver cancel or make void the said Bonds or Recognizances or any of them unless it be after notice first given to and with the consent and good liking of the said John Forth VVilliam Bucknall VVilliam Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes or some of them in writing first had and obtained And if any act done or to be done by His Majesty his Heires or Successors or by the Lord Lieutenant or other Chief Governor or Governors of Ireland and Council there for the time being or by the Lord Treasurer the Vice-Treasurer Chancellor and Barons of the Exchequer or by any other Officers or Ministers of his Majesties Revenues there for the time being or by any of them shall be any obstruction or hinderance unto them the said John Forth William Bucknall William Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood William Muschamp If they are hindred in receiving the forfeitures Fees of the Court excepted they are to have Defalcation by retainer Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assignes in the having or receiving the full benefit of such forfeited Obligations and the penalties thereof or of the Iudgments and Executions thereupon had the due and lawful Fees of the Officers of the said Court onely excepted Then his Majesty is pleased that there shall be an allowance and Defalcation made by way of recouper and retainer of so much of the rate by these presents reserved as may be sufficient to give recompence and satisfaction for the same And his Majesty doth hereby authorize the Lord Lieutenant or other chief Governor and Governors of Ireland VVhich the Lord Lieutenant c. upon proof are to allow of without further VVarrant and Council there for the time being or any six or more of them whereof the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being to be alwayes one or more upon due proof thereof made to grant unto them an Order in writing for the allowance of such Defalcations without any other or further Warrant from his Majesty to be therefore had or obtained And his Majesty for himself his Heires and Successors is further pleased to covenant and grant to and with the said Iohn Forth William Bucknall VVilliam Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood VVilliam Muschamp Humphrey Taylor and Ralph Bucknall and every of them that it shall and may be lawful to and for the said Iohn Forth VVilliam Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes and every of them from time to time and at all times during the continuance of this present Demise to sue for distreyne levy prosecute and recover all and every the Quit-rents and Annual payments hereby demised Power to sue in the Kings name and to have the benefit of all Process seizure execution c. of which all Iudges and Officers are to take notice and the arrearages thereof in his Majesties name or in their own names as they shall be advised And further that they and every of them shall have the full benefit and advantage of all such Process seizure execution power and prerogative as his Majesty might have used and exercised for the due and legal recovery of the premises or any part thereof if this present Demise had not been made And hereof all Iudges Officers and Ministers of His Majesties revenue are required to take notice and to be aiding and assisting to them accordingly And his said Majesty doth hereby further for him his Heirs and Successors covenant promise and grant to and with the said Iohn Forth William Bucknall VVilliam Dashwood Philip Iemmet Iohn Breedon Iames Hayes Dannet Forth George Dashwood VVilliam Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes that if any Lands tenements or hereditaments within the said Realme of Ireland charged or chargeable with any Rents If Rents by the Kings seizing of Land Quit-rents or other payments hereby demised shall at any time hereafter come into the possession of his Majesty his Heires or Successors by vertue of any Grant Surrender or other Conveyance or of any Attainder of Treason Misprision of Treason Felony Premunire or otherwise howsoever whereby or by reason whereof any of the Rents Quit-rents or other payments hereby granted or any of them shall cease determine or otherwise be extinguished or if any Iudgment hath been or shall hereafter be given in his Majesties Court of Exchequer or any other of his Courts at Dublin whereby any Lands which were vested in his Majesty or restored by any Decrees which are confirmed by the Explanatory Act or setled by any Clause or Proviso without a particular exemption from Quit-rents in the same clause expresly mentioned shall be discharg'd from payment of quit-rents the quit-rents of all such Lands whether they be the Lands of innocent Papists or others being hereby intended to be demised then in all and every such case and cases the said
or for any of the said annual Rents or Payments Duties arising by Licenses for retailing Wine or Strong-waters Duties of Hearth-money of or for any of the said Customes Subsidies Imposts Sums of Money Duties of Excize for Goods imported Duties of Excize for Beer and Ale or other Duties for In-land Excize or any Duties arising by Licenses for retailing of Beer and Ale or any other Duties by these presents respectively demised or granted or mentioned to be demised or granted to the said John Forth William Bucknall William Dashwood Philip Jemmet Iohn Breedon James Hayes Dannet Forth George Dashwood VVilliam Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assigns And the said John Forth William Bucknall William Dashwood The Farmers may sue and prosecute in their own or His Majesties name Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them shall have full power and authority either in their or any of their name or names or in the name of his Highness his Heirs or Successors or any of them at the pleasure of the said John Forth VVilliam Bucknall VVilliam Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them to implead sue and prosecute as well all and every such Person and Persons their Heires Executors and Assigns and every or any of them as shall or may by any means be found not to have paid or to be indebted charged or answerable to our said Lord the King his Heires or Successors or to the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes or any of them for the annual Rents Payments Duties of Hearth-money Duties arising by Licenses Customes Subsidies Imposts Sums of Money Duties of Excize for goods imported Duties for Inland Excize and other Duties in and by these presents respectively demised and granted or mentioned to be demised and granted unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes as is aforesaid or any part or parcel of the same in the Court of Exchequer of his Highness his Heires or Successors or in any other Court or Courts of Record whatsoever And the said several annual Rents Payments Revenues Customes Subsidies Imposts Sums of money Duties and other things before in these presents demised or granted or mentioned to be demised or granted as aforesaid and every part and parcel thereof for so much and such part thereof as by the true intent and meaning of these presents the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns ought to have take or receive to their own uses to take recover and levy upon the Bodies Goods Chattels Lands Tenements or Hereditaments of them or any of them their or any of their Heires Executors Administrators and Assignes and every of them from whom any of the Sums of money Revenues or Duties aforesaid shall be due or payable and to take Execution thereof to the proper use of the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes and every of them and to do make and prosecute for and concerning the same respectively in such and in the like manner and form as our said Soveraign Lord the Kings Majesty his Heires or Successors of his or their Regal power Prerogative and Authority as by the Laws of the Realm of Ireland in his or their Name or Names should or might have done if the said several and respective Demises or Leases had never been had nor made And that these presents or the enrollment of the same from time to time shall be as well to the Lord Treasurer of Ireland Chancellor and Barons of the Court of Exchequer in Ireland for the time being and all other Officers and Ministers of the same Court as also to the Barons Justices Officers and Ministers of his Majesty his Heires and Successors of the same Court for the time being or of any other Court or Courts of Record and to every of them a sufficient warrant in that behalf without any accompt or other profit or thing whatsoever to our said Sovereign Lord the King his Heirs or Successors thereof or therefore to be had paid or done other than the said several and respective yearly Rents which in and by these presents are mentioned to be reserved and covenanted to be paid as aforesaid and other than such as are hereby excepted reserved or saved to our said Lord the King his Heirs and Successors And that they the said John Forth William Bucknall And paying their Rents and performing their Covenants are quietly to enjoy William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them well and truly paying and satisfying the several and respective yearly Rents and Sums of Money hereby reserved as aforesaid and performing fulfilling and keeping all and singular the Covenants Provisoes and Agreements in these presents mentioned which on their parts ought to be performed shall and may at all times during the continuance of the several and respective Demises or Leases hereby granted fully and freely have levy take use receive and enjoy all and every the said Annual Rents or Payments Duties of Hearth-money Duties arising by Licences for Retailing Wine or Strong-waters Customs Subsidies Imposts Sums of Money and Duties of Excize for Goods imported Duties of Excize for Ale and Beer and other the Duties of In-land Excize Duties arising by Licences for Retailing Ale and Beer and all other the Duties Revenues and Premises by these presents respectively granted or demised or mentioned to be granted or demised as aforesaid except before excepted to their own proper uses and benefits and that all and every the Covenants Articles and Clauses in these Presents contained on the behalf of our said Soveraign Lord the Kings Majesty his Heirs and Successors to be performed in all things and from time to time shall be most strongly and largely construed taken and expounded against the Kings Majesty his Heirs and Successors and largely beneficially and favourably for the avail benefit and advantage of the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall