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A37588 Anno regni Caroli regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, decimo septimo at the Parliament begun at Westminster the third day of November, anno Dom. 1640 ... : an act for the speedie and effectuall reducing of the rebells in His Majesties kingdom of Ireland to their due obedience to His Majestie and the Crown of England. England and Wales. 1641 (1641) Wing E1127; ESTC R41133 9,354 15

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Conditions or any other Hereditaments shall by the authoritie aforesaid be deemed vested adjudged and taken to be in the actuall and reall possession of Our Soveraign Lord the King His Heirs and Successors without any Office or Inquisition thereof hereafter to be found And be it further enacted by the Authority aforesaid That two Millions and a half of Acres of Meadow Arable Land and profitable Pasture which are or shall be forfeited by the said Rebels or otherwise by vertue of this Act With Woods Boggs Loughes and barren Mountains cast in over and above and with all the Buildings and Edifices thereupon are and shall be by vertue of this Act for the satisfaction of such person and persons as shall underwrite any sum or sums of Money and pay the same according to the true intent and meaning of this present Act the same to be allotted and apportioned to each Vnderwriter according to the proportion of the sums to be underwritten and paid in and to be holden by such Rent and Tenure as in the said recited Propositions are expressed And be it further enacted That John Warner John Towse and Thomas Andrews Aldermen and Lawrence Halsted Esquire are and shall be hereby appointed and authorised to give their daily attendance at the said Chamber of London to receive all such Subscriptions and sums of Money and to give receipts for the same under their hands as shall be there tendred and paid according to this Act which said persons so appointed to receive the said sums of Money shall enter the names of the Vnderwriters together with the sum and time of Subscription into one or more Books to be kept for that purpose and shall from time to time issue out the said sums of Money in such manner as both Houses of Parliament shall by Order direct And be it further enacted That the Sheriffs of each Countie of England and Dominion of Wales shall receive all such Subscriptions and sums of Money as shall be by vertue of this Act tendred to them in their respective Counties and shall appoint dayes and places for that purpose and shal give receipts for the sums so received under their hands and return the sums subscribed and received together with the names of the Vnderwriters and the times of their Subscriptions to the Chamber of London to the hands of the said John Warner John Towse Thomas Andrewes and Lawrence Halsted or to any two of them with all convenient speed to be by them entred into Books to be kept for that purpose And they the said John Warner John Towse Thomas Andrewes and Lawrence Halsted or any two of them are hereby likewise authorised and required to give acquittances or receipts for all sums received of the said Sheriffs And that the said John Warner John Towse Thomas Andrewes and Lawrence Halsted and the said Sheriffs their officers and ministers their heirs and executors shall accompt for all sums of Money by them received according to this present Act to such persons as both Houses of Parliament shall direct And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said John Warner John Towse Thomas Andrewes and Lawrence Halsted and the said Sheriffs respectively to deduct and retain to their own use one peny out of every pound of all such sums of Money as they shall receive according to this Act towards their charges and pains in attending and receiving the said Subscriptions and sums of Money and in issuing out and returning up the same And be it further Enacted That when the Lords and Commons of this Realm of England shall in Parliament by Order Declare that the said Rebels are subdued and that this present Rebellion in the said Kingdom of Ireland is appeased and ended that forthwith after such Declaration made and sent to the Lord Chancellor or Lord Keeper of the great Seal of England for the time being the said Lord Chancellor or Lord Keeper is hereby authorised and required to issue forth Commissions into all the said four Provinces of that Kingdom of Ireland for the surveying and setting forth of the said two Millions and half of Acres which Commission shall be to such effect and directed to such persons as the said Lords and Commons in Parliament shall appoint Which said Commissioners shall have power by this Act to survey all the Lands of the said Rebels and all the Lands forfeited by vertue of this Act and to assertain and measure forth of the same six hundred and five and twenty thousand Acres in every of the said four Provinces of Meadow Arable and profitable Pasture with Woods Bogs Loughes and barren Mountains cast in over and above with the Houses and Edifices thereupon and after the same measured and set forth shall indifferently divide the same by Lot among the severall Vnderwriters and among the heirs of such Vnderwriters as shall die before the division and the assignee and assignees of such of the Vnderwriters as shal assigne their shares or any part thereof before the said Division according to the Proportions mentioned in the said recited Propositions and according to the respective sums paid in as aforesaid and according to the purport of this present Act which Division shall be made in such manner as the said Lords and Commons in Parliament shall by Order direct in which division no manner of favour or advantage shall be given or allowed to any person whatsoever but all to be done and determined equally and by Lot and each Vnderwriters Land to be laid together or so neer together as conveniently may be And in case six hundred twenty five thousand Acres of the Rebels profitable Lands and of the profitable Lands forfeited by vertue of this Act shall not be found in each Province then so much of the said six hundred twenty five thousand Acres as shall be wanting in any one Province shall be made up in value out of the said Rebels Lands and for want thereof out of the profitable Lands forfeited by this Act in the other Provinces at the discretion of the said Commissioners respect being had to the value of the Lands in each Province according to the said propositions which said Commissioners shall return the said allotments and all their proceedings therein fairly ingrost in parchment into His Majesties Court of Chancery of this Kingdom there to remain of Record and into His Majesties Court of Chancery of the said Kingdom of Ireland to remain there likewise of Record And be it further Enacted That immediately after every Vnderwriter Heir or Assignee of any Vnderwriter shall have drawne his respective Lot containing the Meadow Arable and profitable Pasture with all the Woods Bogs Loughes and barren Mountains over and above together with the houses and edifices thereupon which shall be appointed for his share such Vnderwriter Heir and Assignee shal be and so shal be adjudged to be by vertue of this Act in the actuall possession
HONI SOIT QVI MAL Y PENSE ANNO REGNI CAROLI REGIS ANGLIae SCOTIae FRANCIae HIBERNIae DECIMO SEPTIMO At the Parliament begun at Westminster the third day of November Anno Dom. 1640. In the 16. yeer of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL 1641. Cum Privilegio C R HONI SOIT QVI MAL Y PEN DIEV ET MON DROIT ❧ ANNO XVII Caroli Regis ¶ An Act for the speedie and effectuall reducing of the Rebells in His Majesties Kingdom of Ireland to their due obedience to His Majestie and the Crown of England WHereas the Lords and Commons taking into their serious considerations as well the necessity of a speedie reducing of the Rebells of Ireland to their due obedience as also the great sums of money that the Commons of this Realm have of late paid for the publike and necessary affairs of this Kingdom whereof the Lords and Commons are very sensible and desirous to imbrace all good and honourable wayes tending to His Majesties greatnesse and profit the setling of that Realm and the ease of His Majesties Subjects of England And whereas divers worthy and well-affected persons perceiving that many Millions of Acres of the Rebells Lands of that Kingdom which go under the name of profitable Lands will be confiscate and to be disposed of And that in case two Millions and a half of those Acres to be equally taken out of the four Provinces of that Kingdom may be allotted for the satisfaction of such persons as shall disburse any sums of money for the reducing of the Rebells there would effectually accomplish the same have made these Propositions ensuing viz. 1. That two Millions and an half of those Acres may be assigned allotted and divided amongst them after this proportion viz. For each Adventure of two hundred pounds one thousand Acres in Ulster For three hundred pounds one thousand Acres in Conaght For four hundred and fifty pounds one thousand Acres in Munster For six hundred pounds one thousand Acres in Leinster All according to the English measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above these two Millions and a half of Acres to be holden in free and common Soccage of the King as of His Castle of Dublin 2. That out of these two Millions and a half of Acres a constant yeerly rent shall be reserved to the Crown of England after this proportion viz. out of each Acre thereof in Ulster one penie Out of each Acre in Conaght three half pence Out of each Acre in Munster two pence farthing And out of each Acre in Leinster three pence whereby His Majesties Revenue out of those Lands will be much improved besides the advantages that he will have by the coming to his hands of all other the Lands of the Robells and their personall Estates without any charge unto His Majestie 3 That for the erecting of Mannors setling of Wasts and Commons maintaining of preaching Ministers Creating of Corporations and Regulating of the severall plantations one or more Commissions be hereafter graunted by authoritie of Parliament 4 That Moneys for this great occasion may be the more speedily advanced All the Vndertakers in the Citie of London and within twentie miles distant thereof shall underwrite their severall sums before the twentieth day of March one thousand six hundred fourtie one and all within sixtie miles of London before the first day of Aprill one thousand six hundred fourtie two and the rest of the Kingdom before the first day of May one thousand six hundred fourtie two 5 That the severall sums to be underwritten shall be paid in at four paiments viz. One fourth part within ten dayes after such underwriting and the other three parts at three Moneths and three Moneths all to be paid into the Chamber of London 6 That for the better securing of the said severall sums accordingly every one that doth so Vnderwrite shall at the time of his Subscription pay down the twentieth part of the totall sum that shall be by him then underwritten And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten dayes before limited then such party shall not onely forfeit the twentieth part of the sum totall formerly deposited but so much more of his first fourth payment to be added thereunto as shall make up the one Moyetie of the said fi●●t payment And if the same person shall fail in any other of the three paiments he shall then forfeit his entire first fourth part and all the benefit of his Subscription which forfeiture shall accrue to the common benefit of the rest of the underwriters And whereas aswell our Soveraign Lord the King as the Lords and Commons have approved of the said Propositions and assented that the said Propositions and all other things necessarily conducing thereunto shall be ratifyed and confirmed by authoritie of Parliament Be it therefore Enacted by Our Soveraign Lord the King with the assent of the Lords and Commons in this present Parliament assembled and by authoritie of the same That all and every of the said Propositions and every clause therein contained are and shall be according to the tenour and purport thereof hereby ratified established and confirmed with such explanations alterations and additions as in this Act are exprest And be it further Enacted That all and every person and persons which upon the three and twentieth day of October in the yeer one thousand six hundred fourtie one or at any time after shall be in Rebellion or levie war against the Kings Majestie within His Realm of Ireland or shall willingly aid assist or countenance any person or persons in Rebellion against the Kings Majestie shall lose and forfeit unto the Kings Majestie His Heires and Successors all such right title interest use and possession which they or any of them or any other person or persons in trust for them or any of them on the said three and twentieth day of October or at any time after shall have of in or unto any Honours Castles Mannors Messuages Lands Tenements Rents Annuities Reversions Remainders Vses Possessions Offices Rights Conditions or any other Hereditaments of what name nature or qualitie soever they be and that all such right title interest use and possession which they or any of them or any other person or persons in trust for them or any of them on the said three and twentieth day of October or at any time after shall have or of right ought to have of in or to the same Honours Castles Mannors Messuages Lands Tenements Rents Annuities Reversions Remainders Vses Possessions Offices Rights
and seisin of all the said lands with all things thereunto belonging mentioned in his said Lot and that he shall may forthwith after his Lot so drawn as aforesaid enter upon have and enjoy to him and his heires all and singular the Meadow Arable profitable Pasture Woods Bogs Loughes Waters Fishings and barren Mountains together with the Houses and Edifices thereupon and in his said Lot contained with all Easements and Commodities thereunto belonging And be it further Enacted by the authority aforesaid That all and every person and persons which within three moneths after the allotment so to be made as aforesaid shall have one thousand Acres or more of the said two millions half of Acres lying together in the Province of Leinster or two thousand Acres or more lying together in the Province of Conaght or one thousand five hundred Acres or more lying together in the Province of Munster or three thousand Acres or more lying together in the Province of Ulster shall have power by vertue of this Act for every such thousand two thousand fifteen hundred and three thousand Acres to create a Mannor within the limits of the said lands respectively and to reserve tenures to hold of himself and his heirs as of his said Mannor or Mannors at his will and pleasure And that every such person shall have a Court Leete and Court Baron and shall have full power to hold a Court Leete and Court Baron within the Precincts of every such Mannor and to enjoy all such Royalties Franchises Fines and Amerciaments Suites Services and Immunities as to view of Franke pledge or Court Baron is usuall and belonging And also within each respective Mannors to have and enjoy as aforesaid all Deodands Felons goods and goods of Felons of themselves together with all Wayfes and Strayes And be it further enacted by the authority aforesaid That no part of the monie which shall be paid in according to this Act shall be imploied to any other purpose then the reducing of the said Rebels untill the said Rebels shall be declared to be subdued by the said Lords and Commons as aforesaid And that the said monies shall be imploied for the speedie and effectuall subduing of the said Rebels by sending over into the said Realme of Ireland and disposing there such forces of Foot and Horse Monies Ammunition Victuall and all other things necessary to a warre in such manner as the said Lords and Commons in Parliament shall from time to time direct and the overplus of the said money if any shall be to be disposed as the said Lords and Commons shall likewise direct And be it likewise enacted by the authority aforesaid That Plantations shall be regulated Corporations created Churches erected and Preaching Ministers maintained within the Limits and Precincts of the Lands so to be divided in such manner as by Commissioners to be nominated and directed by the said Lords and Commons in Parliament shall be ordered and provided And it is further enacted That the Lord Chancellour or Lord Keeper of the Great Seal of England for the time being shall upon direction to him given by the said Lords and Commons in Parliament issue out one or more Commissions for this purpose directed to such persons and in such manner as the said Lords and Commons in Parliament shall order and appoint And for the further encouraging and securing of all such persons as shall pay any sum of money towards the perfecting of this great Work Be it likewise enacted by the authority aforesaid That all Patents which shall be granted of any of the said Rebells goods or Lands or of any goods or Lands forfeited by vertue of this Act and all Pardons which shall be granted to any of the said Rebells before attainder after the three and twentieth of October one thousand six hundred fourty and one without the assent of the said Lords and Commons in Parliament shall be adjudged void and of none effect And be it further enacted by the authority aforesaid That the Commissioners authorised by this Act to set forth the underwriters Lands as aforesaid shall fourty dayes before they set forth the same or any part thereof cause Proclamations to be made by vertue of this Act in every Countie of the said Kingdom of Ireland to this effect viz That every person which had any right title or interest the three and twentieth of October one thousand six hundred fourty one in or out of any of the said Rebells Lands or the Lands forfeited by this Act lying within the Countie where any such Proclamation shall be made shall enter his claim to the same upon record in His Majesties Court of Chancery in the said Kingdom of Ireland within twenty dayes after the said Proclamation so made in the said Countie And be it further enacted by the authority aforesaid That every person which after the first day of March one thousand six hundred and fourty shall make enter into or take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realm of Ireland the authority of the Sea of Rome in any case whatsoever or to maintain or defend the same shall by vertue of this Act forfeit to His Majestie His Heirs and Successours all his Lands Tenements and Hereditaments entailed or not entailed Goods and Chattels which he had or shall have in his own name or any other person or persons had or shall have in trust for him at the time of the making entring into or taking any such Compact Bond Covenant Oath Promise or Agreement other then such Lands Tenements Hereditaments Goods and Chattells as shall be bona fide and for valuable consideration sold before the said three and twentieth of October one thousand six hundred fourty one And further be it enacted by the Authority aforesaid That if any person since the three and twentieth day of October one thousand six hundred fourty one be or hereafter shal be in Rebellion within the said Kingdom of Ireland and be dead or shall die before attaindor or pardon for the same All the Lands Tenements and Hereditaments Estate or Estates Goods or Chattells which such person had or shall have or any other person had or shall have in trust for or to his use the said three and twentieth of October or at any time thereafter shall be by vertue of this Act forfeited to His Majestie His Heirs and Successours and shall be adjudged to be in the actuall seisin and possession of the King His Heirs and Successours by vertue of this Act. And further be it enacted by the Authority aforesaid That all Lands Tenements and Hereditaments whereof any person in the said Kingdom of Ireland was seised the three and twentieth of October one thousand six hundred fourty one or at any time after shall be seised of any Estate tail or whereof any other person or persons shall be seised in trust for him for any trust of inheritance who shall be