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A45975 An act for the better execution of His Majesties gracious declaration for the settlement of his kingdome of Ireland and satisfaction of the several interests of adventurers, souldiers, and other His Majesties subjects there.; Public General Acts. 1662. 14 & 15 Car.II Session 3 c.2 Ireland.; England and Wales. Sovereign (1660-1685 : Charles II). 1662 (1662) Wing I309A; ESTC R223687 110,568 130

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any wise notwithstanding And whereas several Clauses Articles Instructions Provisoes and other matters herein before and after mentioned do relate to particular persons and concern the Disposition and Settlement of several lands and Tenements to them wherein and whereby divers innocent persons Bodies Politick and Corporate their innocent Heirs Executors Successors or Assignes may receive great loss and prejudice if due care be not had for saving their Iust Rights and Interests Be it therefore Enacted and Declared That the several and respective Estates Rights Titles and Interests belonging to any innocent person or persons Bodies Politick or Corporate or to their innocent Heirs Executors Successors or Assigns shall be and is hereby saved unto him or them respectively any Clause Article Instruction Provisoe or other Grant or Disposition thereof herein made to the contrary notwithstanding Whereas James Duke of Ormond in the time of his being Lieutenant General and General Governour of this his Majesties Kingdom of Ireland hath from the beginning of the Rebellion here in a most Eminent manner Acted in the Suppression thereof and the Reducing the Persons involved therein unto their due Obedience and hath upon the most abstracted Considerations of Honour and Conscience faithfully adhered to his Majesty and to the Crown of England without any Regard had to his own Estate or Fortune And whereas divers Estates in tayle for life or years whereof the Reversions and Remainders in Fee or Fee tayle is or are in the said Duke or in Elizabeth Dutchess of Ormond his Wife are by means of the said Rebellion or by virtue of this present Act or otherwise become forfeited or vested in his Majesty and divers other Mortgages Leases Statutes Iudgements and other Securities for moneys have been made and acknowledged by the said Duke or some of his Ancestors unto persons whose Estate are by this present Act or otherwise vested in his Majesty and his Majesty is thereby intituled unto the same of which if his Majesty should take advantage the same should not onely be very prejudicial to the said Duke in respect of his own Estate but also in respect of the Estates which he holds and enjoys in the Right of his said Dutchess and would very much hinder the said Duke and Dutchess in the setling of their Estate in such manner that he may provide for the payment of his Debts and make provision for his Children And whereas the said Duke of Ormond and the Lady Elizabeth Dutchess of Ormond his Wife have heretofore made one or more Conveyance or conveyances thereby intending to settle their Estates in the said Kingdom of Ireland in their Posterity and to provide for their younger Children which Conveyance or Conveyances is or are by means of the late troubles in the said Kingdom lost or otherwise miscarried and divers Changes and Alterations relating to their said Estates have happened since the making thereof as well by the Deaths of some of the Children of the said Duke and Dutchess provided for thereby and by the Birth of other Children not yet provided for and divers Debts have been since contracted by the said Duke which he in Honour and Iustice holds himself obliged to pay but by reason of the said former Conveyances and Settlements if they should hereafter rise up in proof or come to light questions and differences might arise thereupon And whereas the said Duke and Dutchess in and by one Indenture Quadrupartite purporting a Deed of Grant or Feoffment bearing date the Twentieth day of December One thousand Sir hundred Sixty one in the Thirteenth year of his Majesties Reign and made or mentioned to be made betwen the said Duke and Dutchess of the first part Hugh Earl of Mount-Alexander Sir George Lane and Sir William Flower of the second part Donnogh Earl of Clancarthy Sir Paul Davys and George Carr Esq of the third part and Thomas Harman Edward Butler John Bourden and Laurence Walsh of the fourth part have settled and limited or made mention to settle and limit the Honours Castles Manors Lordships Lands Tenements and other Hereditaments in that Quadrupartite Indenture mentioned to such uses and in such manner as are therein mentioned And whereas his Maiesty to shew his gracious Acceptance of the Service and hazards by him undergone and performed is willing not onely to restore the said Duke and Dutchess to all their Honours Dignities Sigmories Mannors Castles Lands Tenements and Hereditaments which by the general scope of this Act and by some Construction that might thereupon be made by reason of some Distribution or Allotment that hath been made thereof by the late Vsurped Powers might be vested in his Majesty but also to to confer upon the said Duke and free both his and the Estate of the said Dutchess from all Estates in Tayl Mortgages Leases Statutes Iudgments and other Securities which are become forfeited and are vested in his Majesty as aforesaid and to which the Manors Lands or Estate in possession Reversion or Remainder of the said Duke and Dutches or either of them are or may be subject and lyable And his Majesty is also willing that the said Duke and Dutchess should settle their Estate in such manner as the same is or are mentioned to be settled by the said Indenture Quadrupartite For all which Ends and Purposes Be it Enacted by the Authority aforesaid That the said James Duke of Ormond and the Lady Elizabeth Dutchess of Ormond his Wife shall be and are hereby restored unto and shall and may have hold possess and enjoy all and singular the Titles of Honour and Dignities which they had or of Right ought to have held the Two and Twentieth day of October in the year of Our Lord God One thousand Six hundred Forty and one or at any time since and shall be also restored unto and are hereby restored unto and shall and may have hold possess and enjoy all and singular the Seigniories Manors Castles Lordships Lands Tenements Hereditaments Reversions Remainders and all other Hereditaments and Interests whatsoever in the said Kingdom of Ireland which he the said James Duke of Ormond the said Lady Elizabeth Dutchess of Ormond his Wife or either of them in Right of the said Duke or of the said Dutchess or otherwise or any other person or persons in Trust for them or either or any of them had held or enjoyed or of tight ought to have hold or enjoy on the said Two and Twentieth day of October One thousand six hundred forty and one or at any time since as fully and freely and for such Estate and Estates as they or any in Trust for them then had held or enjoyed the same together with al the Rents Issues and Profits thereof since the Four and Twentieth day of April in the year of Our Lord God One thousand six hundred and sixty in as large ample and beneficial manner and form to all intents and purposes as he the said James Duke of Ormond and the said Lady
Declaratione and Proclamations concerning the Army and of the full assurance of the forwardness and readiness of the said Army and loving Subjects in Ireland to contribute as in Duty bound all that in them lay for Our Restauration We are pleased of Our special Grace and Favour to Declare and do hereby Declare That all Officers and Souldiers their Heirs and Assigns who have been and are of the said Army in Ireland and to whom Lands have been given out in satisfaction of their Arrears for their Service in that Our Kingdome and have by the general Convention of Ireland or by any other publick Act declared submission and obedience to Vs according to Our said Declaration of the 4 14 of April last dated at Breda shall enjoy their respective Estates conferred on them for their Arrears for Service in the Kingdome of Ireland according to their respective Possessions on the said Seventh Day of May One thousand Six hundred Fifty nine in full satisfaction of all such Arrears for which Lands were set out to them respectively as aforesaid so that they and every of them having received an equal proportion with others in the like case are and shall be for ever barred from demanding or receiving any further satisfaction therefore although they had allowance but for Thirteen shillings in the Pound or thereabouts Excepting alwayes out of all such Settlements to the said Adventurers and Souldiers all and every such Estate and Estates wherein or in procuring whereof any Bribery Forgery Perjury Subornation of Witnesses hath been used or practised as also such part of any Estate hereby declared to be setled as aforesaid which by false or undue Admeasurement hath been set forth such Offence and Crime being discovered before the Twentieth day of December One Thousand Six hundred Sixty one Excepting also the Estate of all and every such person or persons that is or are excepted in one Act past this present Parliament at Westminster Entituled An Act of Free and General Pardon Indempnity and Oblivion Excepting also all such Lands as are commonly called Church-Lands whether the same belong to Arch-Bishops Bishops or other Ecclesiastical persons whatsoever that have been set out to Adventurers Souldiers or others Neither shall this extend to give any benefit to such person or persons as have or shall by any overt Act proveably done or to be done by him or them subsequent to Our Restauration endeavour the disturbance of the publick Peace or have manifested any aversion to Our Restauration and Government it being but very reasonable that the Abusers of so much Mercy held forth by Vs should not be partakers thereof And excepting all such Estates statutes Mortgages Iudgements Leases Lands Tenements and Hereditaments and other profits and advantages which have been decreed to any of Our Subjects by the respective Courts of Claims and Court of Exchequer in Ireland and the said Decrees not since reversed although the premisses are yet possest or witheld from those who have obtained the said Decrees by Adventurers Souldiers or others to whom the same were set out who are to be reprized in like manner as others provided for by this Declaration And whereas several legal Incumbrances do and may rest upon the Lands set out to Adventurers and Souldiers as aforesaid We are pleased further graciously to declare That the said Adventurers and Souldiers shall receive satisfaction out of the forfeited Lands in the County of Kildare saving the Lands and Estate of Christopher Eustace commonly called Mad-Eustace in the said County or elsewhere which it is Our Will and Pleasure be forthwith restored to him and his Heirs for all Statutes Recognizances Iudgements Mortgages Dowers Ioyntures Lease for Life or Lives or for Years Rent-Charge or other such Incumbrances charged on their Estates such Incumbrances being made appear by the 22. of October 1661. before such as shall be thereunto Commissioned with all convenient speed after this Declaration Being sensible That several Officers who were engaged in Our Service in Ireland and eminently acted and suffered therein have by the partiality and injustice of the Powers then in being received no satisfaction for the same We are therefore further pleased graciously to declare That all Commissioned Officers their Heirs or Assigns who were in Regiments Troops or Companies raised in Ireland or transported out of England and served Our Royal Father or Our Self in the Wars in Ireland at any time before the Fifth of June 1649. other then those who have received Lands or Money for their pay due unto them since the Fifth Day of June 1649. shall be satisfied their respective personal Arrears out of the particulars following viz. Out of the forfeited Lands Tenements and Hereditaments undisposed of to Adventurers or Souldiers in the Counties of Wickloe Longford Leytrim and Donnegal Out of all the Forfeited Lands Tenements and Hereditaments undisposed of in the Province of Connaught and County of Clare lying within one mile of the River Shanon or of the Sea commonly called the Mile-Line Out of all the Houses and Tenements Forfeited in Ireland in the several Walled Towns and Corporations and Lands thereunto belonging not already set out to the Adventurers or Souldiers in satisfaction of Adventures and Arrears satisfaction being first made to such Protestants who on Leases or Contracts for Leases have built or repaired Houses or planted Orchards or Gardens except the Houses Tenements and Hereditaments in the Town of Wexford already set out unto Martin Noel and John Arthur and now in their possession which shall be confirmed to them their Heirs and Assigns out of the benefit arising from the Redemption of Mortgages Statutes Staples and Iudgements where the Lands are not already disposed of to Adventurers or Souldiers Excepting alwayes hereout such Mortgages Statutes Iudgements as any Forfeiting persons of Ireland hath or had on the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold or the Lady Marchioness his Wife out of one Years Rent and Profits of the Lands set out to the Officers and Souldiers for their Arrears in the Year 1653. And likewise of the Army now in being according as those respective said Estates yielded in the Year 1659. As also out of one year and a halfs Rent and Profits arising out of the Lands for the Arrears of those Officers and Souldiers who were ordered or received satisfaction for their said Arrears in the Years 1655 1656 and 1657. according as the Estates yielded in the Year 1659. And it is further Declared That all Commissioned Officers before One thousand Six hundred Forty nine who have had no satisfaction in Lands or otherwise set out to them for Services since One thousand Six hundred Forty nine shall be immediately out of the whole Security that is above assigned for satisfaction of Arrears before One thousand six hundred Forty nine satisfied Twelve shillings Six pence in the Pound of what is due to them And then the remaining part of all the said respective Securities to
Directions as you shall receive herein from Vs or from Our Chief Governour or Governours and Council of that Our Kingdome for the time being agreable to Our said Declaration If such Incumbrance be a Rent-charge or Yearly Rent issuing or payable out of the Estates of the said Adventurers or Souldiers for ever or for years or for life You are then to put a Rate or Value on such Rent-charge not exceeding Ten years Purchase for an Estate for ever or Six years Purchase if for life or for any term under Ten years or Seven years Purchase if for Two lives or any term above Ten years and under Twenty one years or Eight years purchase for any term above Twenty one years and under Thirty one years and Nine years Purchase for all above Thirty one years which shall be satisfied out of the said Forfeited lands in the said County of Kildare after the Rate afore-going If such Incumbrance be by Lease or Leases for term of years or for life or lives you shall as is before directed inquire after the damage such Adventurer or Souldier sustains by virtue of such Lease and if the said term shall not exceed seven years or the damage be not one third part of the full value of the said Lands set out to him you shall not assign any recompence or Reprize but if such damage be for above Seven years or above one third part of the profits of such Estate satisfaction is to be given in way and manner as in the preceding Instructions is directed The which Lands being thus set out allotted and distributed to the said Adventurers and Reprized to the said Adventurers and Souldiers you are to give unto them respectively a Certificate of what Lands are so set out unto them with the number of acres Denominations of the said Lands the Parish Barony and County such Lands are in and who Forfeited the same which Certificate the said Adventurers Souldiers are forthwith to Record in Our Court of Exchequer upon which Our said Court is to give Order to Our respective Sheriffs to put the said Adventurers and Souldiers their Assigns or Agents into the possession of such Lands so allotted divided and set out or reprized as aforesaid Whereas by Our said Declaration the Estates of every person or persons that sate as Iudges in the pretended High Court of Iustice upon the Life of Our Royal Father of blessed Memory or who Sentenced him or who Signed or Sealed the Warrant for Execution or who were of the Guard of Halberteers assisting to put the Bloody Sentence of Death in execution upon the Thirtieth of January One thousand Six hundred Forty eight are not confirmed You are therefore to inquire what Estates any of the said persons had and to return Certificates thereof into Our Court of Exchequer which Court is hereby required to sieze the same to Our use and for the increase of Our Revenue except so much of the same lands Tenements and Hereditaments lately belonging to John Cook as by Our Letters of the Twenty fourth of November last was granted by Vs to Sir George Lane Knight for his faithful Service which it is Our will and pleasure shall be confirmed to him his Heirs and Assigns accordingly and that all proceedings necessary for the finding Our Title thereunto and to the lands Tenements and Hereditaments of Philip Hoare of Kilsalchan in the same letter to the said Sir George Lane granted be speedily made by Our Officers and Ministers intrusted in that behalf and that thereupon letters Patents be past thereof or of any other Forfeited Lands Tenements and Hereditaments given or granted by Our said letters in lieu thereof under Our Great Seal of Ireland to the said Sir George Lane his Heirs and Assignes according to the direction of Our said letters in the most large favourable and benigne acceptation thereof You are by the best way and means you can to inquire after all Forged Debentures or Bills on which any lands have been set out either to Adventurers or Souldiers and forthwith certifie such Forgeries into Our Court of Exchequer that such persons may be proceeded against according to law The like you are to do after the Estates of such as have procured or obtained the possession of any Estate by Perjury Bribery or Subornation of Witnesses or false or undue admeasurement to Our prejudice To the end such Estate or Estates so unjustly obtained may be seized according to the Tenor of Our said Declaration And whereas many being conscious of their own guilt or evil intentions with respect to the most heinous Rebellion begun the Three and Twentieth of October One thousand Six hundred Forty and One have made private Settlements of their Estates and many of Our Protestant Subjects having formerly Mortgaged their Houses Lands Tenements and Hereditaments unto such as have Forfeited the same in these evil and unsetled Times have notwithstanding entred upon and keep possession of Our Right You are therefore in the best way and manner you can to make a Discovery of all such or any other concealments to Our prejudice In Order whereunto Our Officers in Our Four Courts of Dublin or in the Office for Probat of Wills are required to be aiding and assisting to you herein and from time to time to search after such matters or things as you shall judge for Our Service to inquire after and to attend you with such Records as you shall judge needful Whereas by Our said Declaration several innocent Protestants and Papists are to be restored to their Estates and a Reprize of equal value worth and purchase is to be assigned to such Adventurers and Souldiers and other persons as do possesse the same in the doing thereof you are to observe these following directions viz. Not to restore any as an innocent Papist that at or before the Cessation which was made upon the Fifteenth day of September One thousand Six hundred Forty and three were of the Rebels party nor any who being of ful Age and sound Memory enjoyed their Estates Real or Personal in the Rebells Quarters Provided that where any Citizen or Inhabitant of the City of Cork or of the Town of Youghal or any other person or persons were not permitted to live in the English Quarters but were expelled from thence and driven into the Quarters of the Rebels that than and in such case such inhabiting in those Quarters and there receiving any benefit of their Estates shall not be construed or adjudged any bar or impeachment of their Innocence nor such as entred into the Roman-Catholick Confederacy at any time before the Articles of Peace concluded One thousand Six hundred Forty and eight nor such as at any time adhered to the Nuncioes or Clergies party or Papal power in opposition to the Kings Authority nor such as have been Excommunicated for adhering to the Kings Authority and afterwards owned their Offences for so doing and were relaxed thereupon from their Excommunication nor such who
Elizabeth Dutchess of Ormond or either of them or any other person or persons in Trust for him or her or to his or her use had held or enjoyed this present Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any Clause Matter or thing had made Transacted or done to the contrary notwithstanding And to the end that the said Duke and Dutchess may have hold possess and enjoy their Estate and Estates free from all Estates Taile Morgages Leases Statutes and Iudgements and other securities for moneys forfeited to his Majesty to which their Estate or Estates are or may be lyable Be it therefore further Enacted by the Authority aforesaid That all Estates Tail for life or lives or for years and all other Estates whatsoever whereof the said Duke or Dutchess of Ormond or any other person in Trust for them or either of them had the reversion or the remainder the Two and Twentieth of October in the year of Our Lord One thousand Six hundred forty and one or at any time since and which by virtue of this present Act or otherwise are become forfeited to his Majesty And all Iudgments Statutes Recognizances and all other Securities for money of any kind or nature whatsoever which may in any kind impeach charge or incumber any of the Seigniories Manors Castles Lordships Lands Tenements Reversions Remainders or other Hereditaments or Interests whatsoever of the said Duke or Dutchess of Ormond or of any other person or persons in Trust for them or either of them in the said Kingdom of Ireland which by this present Act or otherwise are become forfeited or vested in his Maiesty shall be vested settled and given and are hereby vested settled and given to the said Duke of Ormond as fully and ample and in as large ample beneficial manner to all intents and purposes and for such Estate and Estates in Fee-simple or otherwise as his Majesty by virtue of this present Act or any Clause therein contained or by any other means had or might have had held or enjoyed the same any former or other Clause or Provision in this present Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other Cause Matter or Thing had made Transacted or done to the contrary notwithstanding And to the end that the Estate and Estates of the said Duke and Dutchess may be settled in such manner as the same by the said Quadrupartite Indenture are intended to be settled Be it therefore further enacted by the Authority aforesaid That all and every Conveyance and Conveyances Settlement and Settlements Assurance and Assurances whatsoever at any time heretofore made by the said Duke and Dutchess or either of them by themselves or joyntly with any other persons Trusted on the behalf of them or any of their Children for the settling of any the Honours Seigniories Castles Lordships Manors Lands Tenements or any other of the Hereditaments in the said Quadrupartite Indenture mentioned upon the said Duke or Dutchess or either of them or upon their or any of their Children and Blood with or without Remainders to any other person or persons whatsoever shall be revoked repealed adnulled and made void and are hereby revoked repealed adnulled and made void And be it further enacted by the Authority aforesaid That all and singular the Honours Seigniories Castles Lordships Manors Lands Tenements and Hereditaments mentioned in the said Indenture Quadrupartite and intended to be granted settled or conveyed or mentioned to be thereby granted settled or conveyed shall be by the authority of this present Act vested settled and established and are hereby vested settled and established in the several respective persons and for the several and respective Estate and Estates Vse and Vses and Intents and under and subject to the same powers Limitations and Trusts as are expressed touching the same and contained in the said Quadrupartite Indenture as fully as if the said Quadrupartite Indenture were executed by Fine Common Recovery Livery of Seizin Atturnement of Tenants or by any other way or means whatsoever requisite or necessary for the doing thereof and as fully as if the said Quadrupartite Indenture had been particularly recited expressed and enacted in this Act notwithstanding the said Elizabeth Dutchess of Ormond be a Feme Covert And although there be no other execution of the said Quadrupartite Indenture then the Power and Authority of this present Act any other matter or thing whatsoever to the contrary notwithstanding Saving to all and every person and persons Bodies Politick and Corporate their Heirs and Successors othen then to his Majesty his Heirs and Successors and other then to such whose Estates are forfeited to his Majesty or are by this Act vested in his Majesty and those who claim by from or under his Majesty or them or any of them all such Right Title or Interest as they or any of them had before the passing of this Act and also saving to all and every person and persons Bodies Politick and Corporate other then the Children of the said Duke or Dutchess and such others as claim any estate or estates in Trust for them or any of their Children and such as claimes estates in Remainder in Tail or Fee-simple by vertue of any conveyance or conveyances at any time heretofore made of the said Honours Castles Lordships Manors and Lands in and by the said Quadrupartite Indenture settled or mentioned or intended to be setled all such Right Title and Interest as they or any of them had before at the passing of this Act. Provided alwayes and be it further Enacted by the Authority aforesaid That Wentworth Earl of Kildare his Heirs and Assigns shall and may have the preemption and be preferred unto the purchase of and enjoy the Forfeited Interests and Estates in and of all such Lands Tenements and Hereditaments by this present Act vested in his Majesty his Heirs and Successors and not restored to the former Proprietors as were or are held of or from George late Earl of Kildare or the said Wentworth Earl of Kildare or either of them or of their or any of their Manors or whereout Chief Rent Service or Duty was or is reserved unto the said George Earl of Kildare Wentworth Earl of Kildare or either of them as also of any other Lands Tenements or Hereditaments surrounded by or intermixt with the said Earl of Kildares Estate which he the said Earl shall desire by placing thereon such Adventures Arrears Decrees Incumbrances or other publick Debts or Interests as are confirmed and allowed by this present Act and according to the Tenor thereof are satisfiable thereupon and that the personal Arrears of George late Earl of Kildare for Service in Ireland before the Fifth day of June One Thousand Six Hundred Forty Nine be satisfied out of such Forfeited Houses Lands Tenements or Hereditaments and other Security
of or belonging to the respective Abbies late dissolved Monasteries Religious Houses Priories or Parishes of Ballytabber in the County of Mayo Knockmoy Kilcreulta Oran alias St. Maries Athenry and Dunmore in the County of Galway and Tyhone in the County of Tipperary or any of them together with all the Impropriate Tythes and Rectories and appurtenances of the said Impropriations Tythes and Rectories or belonging thereunto which belong unto or by this Act are vested in your Majesty to any of the aforesaid Vses according to the tenor and effect of such grant or grants as hath or have been or hereafter shall be past unto him thereof by your Majesties letters Patents in that behalf he or they paying yearly for the same double the Exchequer or Crown Rent reserved thereupon in the year One thousand six hundred forty One Provided alwayes and it is further Enacted by the Authority aforesaid That in all cases of grants of lands made since the date of his Majesties Declaration and Instructions or in case of Provisoes in this Act which give Reprizals to any person or persons of meer Grace that could not claim Reprizals by virtue of the said Declaration or Instructions and not as Adventurers or Souldiers the person or persons concerned in such grants or provisoes shall not have benefit of Reprizals till after such persons and Interests Reprizable by the said Declaration and Instructions be first reprized And whereas during the passing of this present Act Charles Earl of Mountrah died whereby some Questions have arisen between the Countess Dowager of Mountrath and the Heirs and Younger Children of the said Charles Earl of Mountrah concerning the Settlements and Dispositions of the said Charles Earl of Mountrath and his Intentions to dispose of his new acquired Estate be it further Enacted by the Authority aforesaid That all and singular the Manors lands Tenements and Hereditaments and all benefits of Reprizals and other the advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall accrue unto and remain be and continue in his Majesty his Heirs and Successors until such time as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Privy Council there shall upon Examination of the Settlement and the last Will and Testament of the said Charles Earl of Mountrath if any such Will there be and of any other matters or things whereby the Intentions of the said Charles Earl of Mountrath in disposing of his said Estate may appear and according to such dispositions as the said Charles Earl of Mountrath did make in his life time make a final judgement and determination therein and that such judgement and determination and all Grants and Letters Patents that shall be thereupon made shall be as good and as effectual in Law to all intents and purposes as if the same had been particularly mentioned in this present Act. Provided alwayes That if such iudgment and determination shall not be made within Two Moneths after the sitting of the Commissioners for execution of this Act in Ireland that then all and singular the manors lands tenemens and hereditaments and all other the benefits and advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall go and enure according to the general purport provision and meaning of this Act herein before expressed to such person or persons as by this Act can make best Title thereunto and that in such case the foregoing Clause shall be of no effect and utterly void and that in the mean time the possession of and in the premisses hereby vested in his Majesty shall not be disturbed but be and remain where it now is And that the Arrears of Rent and mean profit of the same shall and may be received by those that are in possession thereof subject to the said final judgement and determination any thing in this Act to the contrary thereof in any wise notwithstanding And be it further enacted by the Authority aforesaid That all the Lands Tenements and Hereditaments lying in the Baronies of Dunboyne and Rathtooth and County of Meath whereof Henry Cromwel was by himself his Tenants or Assigns possessed the Seventh of May One thousand six hundred fifty nine be setled upon and confirmed unto Sir William Russel of Laughorn Baronet and Doctor Jonathan Goddard their Heirs and Assigns for ever And that the Lands Tenements and Hereditaments lying in the Province of Connaught whereof the said Henry Cromwel was in the like manner possessed on the said Seventh of May be setled upon and confirmed unto John Russel of Chipuham Esq his Heirs and Assigns for ever any thing in this Act to the contrary notwithstanding the same together with all Arrears of Rent to be had and held by and according to such Rents Tenures and Directions for restitutions Incumbrances and Reprizals as by his Majesties Declaration of the Thirtieth of November One thousand six hundred and sixty is expressed concerning such as were then of his Army in Ireland and moreover That Eight hundred and Fifty Pounds be satisfied unto the said John Russel as an Adventurer in such manner as by this Act is appointed in the case of any other Adventurers Provided also and it is Enacted by the Authority aforesaid That the Heirs of Sir Lucas Dillon Knight Sir Robert Talbot Baronet the Heirs of Sir Valentine Blake Baronet Sir Richard Blake Knight Doctor Gerrald Fennel Geoffry Brown John Brown of the Neal John Walsh Thomas Terril Edmond Dillon John Talbot of Mallahide Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourk of Derry Maclaghney Thomas Arthur Esq Doctor in Physick Gerrald Flemming of Castle-Fleming Luke ●ath of Ackarne and Bartholomew Stackpoole Esqs who or their respective Fathers have eminently suffered for their adhering to the Authority of his Majesty or his late Father of blessed memory in this Kingdom against the Nuntio and his party shall be forthwith restored to their former respective Estates Houses Manors Lands Tenements Hereditaments Rents Priviledges and Services by them claimed as respective Inheritors and Proprietors or as Heirs to their respective Fathers and whereof they or any of their said Fathers were dispossessed by the late Vsurped Power and be therein setled and quieted in possession to them and their Heirs respectively as fully freely and beneficially and with the same Advantages Benefits and Assurances to all intents and purposes as the Lord Viscount Nettervil and the Lord Viscount Galmoy and the rest with them in the Declaration herein before-mentioned ought by virtue of the said Declaration and this present Act to be restored to their respective Estates any thing herein contained to the contrary notwithstanding Provided always That as to all and every the Clauses and Provisoes herein before-mentioned wherein or whereby the Estates or Interests of any private persons are setled and confirmed and the several and respective Grants thereby made to any person or persons It shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being at any time before the first day of December One thousand six hundred sixty two to suspend the Execution thereof or of any of them till they have examined and informed themselves concerning the same and such of them as they shall finde contrary to or inconsistent with the aforesaid Declaration and Instructions or inconvenient for the general Settlement hereby intended to be allowed in their full latitude they have full power and Authority hereby granted to them to retrench alter or change and by their Direction or Order to the Commissioners for Execution of this Act to disallow such of them as they shall think meet in part or in whole or to order how far and in what manner the same shall be executed or observed Which Direction or Orders of the said Lord Lieutenant or other Chief Governour or Governours and Council shall be final and are to be obeyed by the said Commissioners whose proceedings thereupon or in pursuance thereof shall be as valid to all intents and purposes as if they had been particularly appointed or directed by this Act any thing therein contained to the contrary notwithstanding FINIS