Service shall may or ought to receive any Clause Article Matter or Thing whatsoever in this present Act mentioned or contained to the contrary thereof notwithstanding Provided always and be it further Enacted by the Authority aforesaid That any Clause Sentence Matter or Thing in this Act or in any other Act or Acts passed or made or to be passed or made in this present Parliament contained mentioned or expressed shall not or may attaint or convict or be otherwise prejudicial unto Dudly Bagnel Esq son and Heir of Walter Bagnel late of Dunlickny in the County of Catherlogh Esq deceased nor to Henry Bagnel Brother of the said Dudly nor to Catherin Corbet alias Bagnel sister of the said Dudly nor to the Heirs or Issues lawfully begotten of the said Walter Bagnel Dudly Bagnel Henry Bagnel or Catherin Corbet alias Bagnel nor of any or either of them and that the said Dudly Bagnel Henry Bagnel and Catherin Corbet alias Bagnel and every of them and the Heirs and Assigns of every of them respectively shall have hold and enjoy their respective Estates and Interests in Law or Equity in all and every the Castles Lordships Mannors Segniories Lands Tenements Rents Reversions Remainders and Hereditaments with their and every of their apportenances which did of right belong or appertain unto the said Walter Bagnel or whereof he was seized as of his Estate of Inheritance in Vse Possession or Remainder on the Three and Twentieth day of October in the year of Our Lord one thousand six hundred Forty one or at any time after any Act or Acts Ordinance or Ordinances Matter or Matters Thing or Things done or to be done in this present Parliament or otherwise at any time since the Three and Twentieth day of October One thousand six hundred Forty one to the Damage Prejudice or Harm of the said Walter Bagnel his Heirs or Assigns to the contrary notwithstanding Provided always and be it Enacted That neither this present Act nor nor any thing therein contained do any ways prejudice or tend in any manner to alter any Right Title Interest Mortgage or Lease that Sir John Temple Master of the Rolls in this Kingdom or his late Mother the Lady Temple had in the year One thousand six hundred and forty to any Lands Tenements or Hereditaments belonging to Walter Bagnel Esq late Father of the said Dudly Bagnel lying or being within the County of Catherlogh Saving nevertheless to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns such Right and Title either in Law or Equity and such benefit and advantage of redemption which they or any of them could or might have had either in Law or Equity as fully and amply as if the Proviso herein last before mentioned had never been had nor made any thing in the said Proviso to the contrary hereof notwithstanding Provided also That so much of the Forfeited Lands in the Towns and Lands of Lispopel Nutstown Wegestown and Cordenstown with their and every of their apurtenances situate in the Barony of Balrothery in the County of Dublin containing according to the Down Survey One thousand two hundred forty nine Acres shall be held possessed and enjoyed by George Rawden Esq his Heirs and Assigns for ever as shall amount unto a full and just satisfaction of the publick Debts due to him by Debentures for Provisions and money disbursed for the use of the Army in Ireland according to His Majesties Gracious Declaration and Instructions which principal Debt with the Interest thereof cast up according to the Rate of six pound per cent amounteth unto Two thousand three hundred twenty four pounds Ten shillings Four pence And that in case the said Lands or so much thereof as will amount unto a full satisfaction of the said sum be not forfeited or if it shall happen that so much thereof shall be restored as that the residue shall not be sufficient to satisfie him the said George Rawden that then he be satisfied and reprized for the same by some other forfeited Lands in the County of Dublin Provided that this Act or any thing therein contained shall not extend nor be construed to extend to the prejudice of any Protestant or Protestants or Innocent Papists their Innocent Executors or Administrators holding Tythes by Lease or Leases derived from the Crown for or by reason or occasion of any advantage or Forfeiture which may be taken for the Non-payment of the Rents reserved to the Crown by such Leases for the time past but that every such Protestant and Protestants and Innocent Papists their and every of their Executors and Administrators holding any of the said Tythes shall and may have hold and enjoy the said respective Tythes during the respective Terms of years thereof yet unexpired without any advantage to be taken against them or any of them for non-payment of the said Rents for the time past as if this Act had never been made Provided That this Act nor any thing therein contained shall not extend or be expounded to extend to the prejudice of Sir Robert Meredith Knight nor his Son Sir William Meredith Baronet nor their Heirs or Assigns nor any persons possessed or interested in their behalfs in the Lands Tenements or Hereditaments of Green Hills heretofore called Bishops Court near the Lissie in the County of Kildare nor any part member or parcel thereof And Be it further Enacted That all the forfeited Lands Tenements and Hereditaments set out assigned or delivered unto Sir William Petty Knight by the name of Doctor William Petty and by him possessed on the seventh day of May One Thousand Six Hundred Fifty Nine be settled upon and confirmed unto him his Heirs and Assgnes for ever any thing in this Act or in his Majesties Instructions of the Nineteenth of February One thousand six hundred and sixty to the contrary notwithstanding the same to be held according to such Tenures Rules Rents Services under such Limitations and Directions for Reprizal and otherwise as in His Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty set down and expressed concerning such as were then of his Army in Ireland And whereas his Sacred Majesty having under his serious consideration the Present Settlement of this Kingdom is very desirous to confirm and inlarge the designed Bounty and Goodness of his late Royal Father of ever blessed Memory by adding to the Revenue of the Church of this Kingdome Be it therefore Enacted and Ordained by the King Our Sovereign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all and every the Manors Lands Tenements and Rents whereof any Arch-Bishop Bishop Dean Dean and Chapter or any other Ecclesiastical person or persons whatsoever in his or their politick Capacity or any of them were actually seized or by themselves or their Tenants possessed in the year of Our Lord God One Thousand Six hundred Forty One and out of which or any part thereof they or any of them through the fury and violence of the late times have been since dispossessed be forthwith restored setled and delivered into the quiet and peaceable possession of the respective Archbishops Bishops Deans
Deans and Chapters and other Ecclesiastical person and persons and their Successors Saving to all and every person and persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successours of every of them other than such person and persons their Heirs Executors Administrators and Assignes who are not or shall not according to the Qualifications in this present Act be adjudged innocent Papists A liberty to implead sue for and recover by due course of Law any Right Title Claim and Interest which they or any of them lawfully have or of right ought to have in all or any part of the said restored Manors Lands Tenements and Rents any thing in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every Lease and Leases set or demised for any certain term of years yet unexpired by any Arch-Bishop Bishop Dean Dean and Chapter or other Ecclesiastical person or persons or their Successors in their politick capacity of any Lands Tenements or Hereditaments so unto them belonging or appertaining and that are by this present Act forfeited or vested in His Majesty that all and every such Land so forfeited and the remainder of the term of years yet to come and unexpired of such Lease or Leases shall be and are hereby given assigned assured and confirmed unto the respective Sees or Bodies Politick to whom the reversion after such Lease or Leases do or shall of right belong except and always reserved out of this Act the remainder of the term of years yet in being upon any such forfeited Lease or Leases of any of the Lands before mentioned or intended which lye within such parts of the Counties of Wickloe Longford Leitrim and Donegal and the of Mile-Line as are by this present Act assigned unto the Officers that served before the Fifth of June One thousand six hundred Forty nine they and their respective Executors Administrators and Assigns paying such Rents and performing such Covenants to the said respective Sees Reversioners as the several Lessees in such respective Leases paid or ought to have paid in the year One thousand six hundred forty one during their respective terms unexpired excepting also all forfeited Leases that exceeded the term of sixty years of any Chauntry Lands or Houses lying within the security of the said Officers who served His late Majesty before the Fifth of June One thousand six hundred Forty nine and were not surrendred nor sentenced to be surrendred to the Church in or before the years One thousand six hundred Forty or One thousand six hundred Forty one the remainder of which term unexpired is to be esteemed as part of the security of the said Officers they paying and performing during the respective terms yet unexpired all such Rents and Duties unto the respective Sees or Churches from which those Leases were held as were paid or performed or ought to be paid and performed in the year One thousand six hundred Forty one or Two Shillings in the Pound at the Improved value to be ascertained as aforesaid at the Election of the Bishop of the Diocess And be it further Enacted by the Authority aforesaid That out of the Lands Tenements and Hereditaments belonging to any Arch-Bishop Bishop Dean Dean and Chapter or other Ecclesiastical person or persons or to his or their successors in their politick capacity which have been by them or any of them granted or conveyed in Fee-farm under the reservation of any Chiefâ—y Rent or other Duty or service and by this Act are forfeited and vested in His Majesty his Heirs and Successors such a proportion of them be allotted and set out for the better Support and Maintenance of such Arch-Bishops and Bishops their and every of their Successors as are hereafter particularly named which shall be and are hereby given assured and confirmed unto them and every of them their and every of their successors for ever that is to say To the most Reverend Father in God James Lord Arch-Bishop of Dublin and his successors arch-Arch-Bishops of Dublin for ever so much of the said forfeited lands as shall make up the Rent of that Arch-bishoprick and the Bishoprick of Glendelough thereunto united of the clear yearly value of Two thousand Pounds Sterling over and above the Mansion House and Gardens of Sepulchers in and near Dublin and Demeasne Lands of the Manor of Tallaght and the Mensal lands thereunto belonging To the right Reverend Father in God Thomas Lord Arch-Bishop of Cashel and his successors for ever Three hundred Pounds Sterling per annum To Thomas Lord Bishop of Kildare and his successors for ever Seven hundred Pounds Sterling per annum To William Lord Bishop of Clonfert and his successors for ever Two hundred Pounds Sterling per annum To Robert Lord Bishop of Fern and Loghlin and his successors for ever Three hundred Pounds Sterling per annum To Edward Lord Bishop of Limrick and his successors for ever Three hundred Pounds Sterling per annum To Griffith Lord Bishop of Ossory Four hundred Pounds Sterling per annum To Edward Lord Bishop of Killalow and his successors for ever Two hundred Pounds Sterling per annum And to the Provost of Trinity Colledge near Dublin out of the forfeited lands in the Arch-Bishoprick of Dublin and to his successors for ever the sum of Three hundred Pounds per annum And be it also further Declared and Enacted That if in every of the said Arch-Bishopricks and Bishopricks there be of the said forfeited lands sufficient to set out to every such Arch-Bishop and Bishop their respective proportions of lands within their own Bishopricks that then it shall be so set forth unto them and if there be not sufficient therein that then such Arch-Bishoprick and Bishoprick as is deficient shall have so much lands more set out and allotted unto it out of the forfeited lands belonging to the Bishopricks that do superabound and which is most contiguous and convenient as will make up such deficiency in proportion to the values aforesaid And for the setting out of the said Lands with most conveniency to every Bishoprick as is aforesaid or Provostship and the valuation of them Be it also hereby Declared and Enacted That the same shall be performed and done in such way and manner as the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being shall prescribe and direct before any part of the said lands be otherwise disposed of And that out of all and every the said lands so to be set out the same Rent is and shall be reserved and payable to His Majesty as by this present Act is reserved
that such persons their Heirs or Assignes may and shall hold the said lands until they are satisfied and contented of and for the same And that none of the persons so to be removed shall be accountable for the Rents or Profits of the Estates out of which they shall be so removed which Rents and Profits and Arrears of Rents they are respectively to receive until they are possest of other Estates as aforesaid as also reasonable consideration for reparations of Houses and other necessary improvements made and to be seen upon the premisses wherein like regard is to be had to the respective Tenants and Lessees for their Improvements but where the Landlord took Fine he is to be accountable for the same towards satisfaction for their Improvements who paid the said Fine And lest such Restorations and Reprizes if not speedily effected might be attended with many prejudices to all parties concerned therein We declare that the farthest time for accomplishing thereof shall be by the Three and Twentieth day of October One thousand Six hundred Sixty and one And whereas divers persons for most of whom a general provision is made by this Our Declaration have for Reasons known unto Vs in an especial manner merited Our Grace and Favour particularly the Earl of Clanricard the Earl of Westmeath the Earl of Fingal the Earl of Clancartie the Lord Viscount Gormanstown the Lord Viscount Mountgarret the Lord Viscount Dillon the Lord Viscount Taaffe the Lord Viscount Ikerryn the Lord Viscount Nettervill the Lord Viscount Galmoy the Lord Viscount Mayo the Lord Baron of Dunboyn the Lord Baron of Trimletstown the Lord Baron of Dunsany the Lord Baron of Vpper Ossory the Lord Bermingham Baron of Arthunry the Lord Baron of Strabane Colonel Richard Butler Sir George Hamilton Knight and Baronet Sir Richard Barnewel Baronet Sir Redmund Everard Baronet Sir Valentine Brown Knight Sir Thomas Sherlock Knight Sir Dermot O Shaghnussey Knight Sir Daniel O Bryon Knight Colonel Christopher O Bryan Mr. Richard Belling Son to Sir Henry Belling Knight Righard Lane of Tulske Esquire Mr. Edmund Fitzgerald of Balymalo Mr. Thomas Butler of Kilconnel Mr. _____ Macnemarra of Creevagh Mr. David Powre of Kilbolane Mr. Donnogh O Calaghane of Clonmeen Mr. James Copinger of Cloghane in the County of Cork Mr. George Fitgerrald of Ticrochane Mr. Barnard Talbot of Rathdown and Conly Geoghegan of Donore We do hereby declare That they and every of them without being put to any further proof shall be restored to their former Estates according to the Rules and Directions in the last fore-going Clause of this Our Declaration concerning such as continued with Vs or served faithfully under Our Ensigns beyond the Seas many of whose Names hereafter follow viz. The Lord Viscount Muskry Colonel Lieutenant Colonel Legg Serjeant Major Edward Scott Captain John O Neile of Carrick in the County of Tipperary Captain Terence Bryan of Palace Greeny in the County of Limrick Captain Teige Mac Carty for Mortgage onely in the County of Cork Captain Daniel Boy O Donovane of Killcellman in the said County Captain Edmund O Murriane of Dulish Murrian in the County of Tipperary Captain John White of Loyhall in the County of Limrik Captain Daniel O Keef of Drumagh in the Barony of Dullhally and County of Cork Captain Philip Barry of Dunbagy in the said County Cap. Thomas Brown of the Baronies of Bear and Bantry in the Counties of Cork and Kerry Captain Francis Hacket of Dully in the County of Tipperary Captain Charles O Shiell in the County of Antrim Captain Davie Dannan of Davenstown in the Barony of Fermoy and County of Cork Captain Dermot O Brien of Carrickcouquis in the County of Clare Lieutenant Pierce Walsh Lieutenant Richard Barry of Robertstown in the Barony of Barrimore and County of Cork Lieutenant Dermot O Murriane of the County of Tipperary Lieutenant Edward Mandevill of Ballyyne in the County of Tipperary Lieutenant Daniel O Driscol of Carbury in the County of Cork Lieutenant Teige O Cullaine aliàs Totave of the County of Cork Ensign Morris Fitzgerald of Balynemart in the said County Ensign Daniel Carthy of Dunedarrick in the said County Ensign George Cumerton of the County of Killkenny Ensign Walter Butler of Shan-bally-duff in the County of Tipperary Ensign Piers Quirk and William Quirk of the said County Ensign John Mac Tiege aliàs Mac Tiege of Carbury Ensign Pierce duff Buttler in the County of Tipperary Ensign Theobald Butler of Barnane in the said County Ensign Miles Roach of the County of Cork and Barony of Fermoy Ensign Philip Hogan of Hally in the County of Tipperary Ensign Turlagh O Her of Balime in the County of Clare Owen Oge Mac Egan of the County of Cork Adjutant The Lord Castle Connel of the County of Limrick Colonel Charles Mac Carty Rieagh of Kilbretan in the County of Cork Colonel Richard Fitzgerald of Balenemartery in the said County Colonel Cornelius O Driscol of Donesaide in the said County Lieutenant Colonel William Buttler of Ballifoqui Captain Willam Barry of Ringquaran in the County of Cork Captain Peirce Nagle of Monaneme in the said County Captain Arthur O Kinfe of Glanefriacan in the said County Captain Owen Mac Carty of Clocerre in the said County Captain Edmond Mac Cuiny of Massanglashy in the said County Captain Charles Mac Carthy of Cloncalaih in the said County Captain Dermot O Shinan of the County of Limrick Captain Edmund Power of Intch in the County of Cork Captain John Fox of Baligaden in the County of Limrick Captain Michael Morisey of the County of Clare Captain Dermot O Sulivan of Kilmalac in the County of Kerry Lieutenant Der. O Sulivan of Fermoyle in the said County Lieutenant Richard Stapleton of Lynestowne in the County of Tipperary Lieutenant James Purcel of Knockinroe in the said County Lieutenant Henry Wies of _____ in the County of Waterford Lieutenant Garret Fitzgarret of Lickfour in the County of Kerry Ensign George Shaie of Kilkeny Ensign Philip Hogane of Aylehie in the County of Tipperary Ensign Moilmory O Holy of the County of Armagh Ensign Daniel O Donman of Forneise in the County of Cork Ensign Donee O Culan of Baly Coursy in the said County Ensign Florence O Driscol of Ballyhan in the said County Captain _____ Gorman David Bourk of Barnanlahie in the County of Tipperary Captain Stephen Butler Ensign Alexander Berne of the County of Roscomon Colonel William Taaffe Lieutenant Bryan Mac Donough of the County of Sleigo Ensign Edward Dillon of the County of Westmeath Lieutenant Colonel James Fitz-Patrick Lieutenant John Cassin Ensign Edmund Brenane Major Owen O Conner of Baylynagare in the County of Roscomon Lieutenant VValter Costelloe of the County of Mayo Ensign Daniel O Conner of the same County Captain VValter Hope of Molingare Lieutenant Terlogh Mac Donough of the County of Sleigo Ensign Christopher Mac Donough of the same Captain Gerald Ferall Lieutenant Charles Mac Donnel Ensign Richard Farral Captain Charles O Molloy
Lieutenant Edmond O Molloy Ensign Alexander Mac Donnel Captain Edward Sartfield Lieutenant James Enis Ensign Phellem Dempsey Captain Bryan Fitz-Patrick Lieutenant Jeffery Fitz-Patrick Lieutenant Miles Bremmingham Ensign Connor Mac Gwier Captain Hugh O Conner Dun of Balin Tober Lieutenant Robert Misser Ensign John Ferral the Lord Viscount Iveagh Lieutenant Henry Tute Ensign Phellim Curtane Captain Walter Phillips of Clunmore Ensign Hugh O Conner Captain Dudley Costello Lieutenant Roger O Conner Captain Gerald Dillon of Portleck Lieutenant John Dillon Ensign Robert Dillon Captain Mathew Moony Lieutenant John Flanelly Ensign Owen Sullivane Adjutant Roger Brenane Adjutant John Dillon Anthony French Iudge Advocate Sir Uillick Bourk Knight and Baronet of Glinsk in the County of Galway Captain Fran Berne of Rodin in the County of Roscomon Captain Hugh Oneile of the Province of Ulster Captain Phelim Mac Genis of the said Province Captain Hugh Omeignine Captain Theobald Dillon of Bracklon in the County of Roscomon Captain Mâ—â—tagh Clanchy of Castlekeale in the County of Clare Captain Cun O Neile of Ardgonel in the County of Armagh Lieutenant William Bourke of Turlagh in the County of Mayo Lieutenant John Mac Donough of Cusca in the County of Sleigo Captain John Caesy Lieutenant Brian Mac Genis of the Province of Ulster Ensign Brian Mac Genis of the said Province Ensign Lowys Mac Dowel of the County of Roscomon Ensign Thomas Birne of the said County Ensign William Talbot of Hagertown in the County of Lowth Ensign Roger O Malreanin of Tully Mulreanin in the County of Roscomon Ensign Owen O Keny of Clanboren in the County of Galway Lieutenant Patrick Clenton of the County of Lowth Lieutenant Michael Mac Donagh of Coloony in the County of Sleigo Charles O Flyne of Celtabar in the County of Roscomon Nicholas Walsh Esquire of Traly in the County of Kerry Francis Coghlane of Belclare in the Kings County Henry Birne of Dangan in the County of Roscomon Patrick Mac Gwire of Balykilcuny in the County of Ineskilyn John Brady of the County of Cavan Colonel Richard Grace Lieutenant Colonel Charles Molloy Colonel Wil. Bourke Captain Stephen Molloy Captain Edmund Fitz Patrick Captain Art Mac Terlogh Molloy Capt. John Caroll Capt. Neal Morris Capt. William Dullany Capt. Edmund Bourke Captain Owen Flattery Captain Walter Walsh Captain Walter Butler Capt. Teige Carol Capt. Gerrot Aylmer Capt. William Mac Redmund Bourke Capt. Theobald Butler Capt. William Stapleton Capt. Philip Kennedy Capt. James Devin Capt. Art Molloy Lieute Patrick Dallachanty Lieut. John Molloy Lieut. Brian Flattery Lieut. Alexander Dalton Lieut. John Mac Gerrot Molloy Lieut. Symon Coghlane Lieut. Daniel Kennedy Lieut. Edward Molloy Lieut. Nicholas Sweetman Lieut. James Hynane Lieut. Oliver Grace Lieut. James Cummerford Lieut. Thurlogh Carrol Lieut. John Molloy Lieut William Fogurthy Ensign Anthony Gosse Ensign Fanagh Molloy Ensign William Tute Ensign Christopher Russel Ensign Owen Gilmer Ensign Richard Coddy Ensign Daniel Higgen Ensign Will. Carrol Ensign John Fitz Patrick Ensign Eneas Reardan Ensign _____ Kelly Ensign Piers Walle Ensign John Pyndergast Ensign Teige Carrol Ensign Thomas Butler Col. Hoyle Walsh of Ardery in the Barony Iverke in the Countie of Kilkeny Col. Wil. Brown of Balrankan in the County of Wexford Major Oliver Fitzharryes in the County of Limreik Capt. Robert Walsh of Borredstown in the Barony of Knocktofer in the Countie of Kilkeny Captain Therlagh Molloy in the Barony of Balyboy in the Kings County Capt. Nicholas Plunket of Dunsoghly Lieut. John Meagher of Grange in the Barony of Ikerin in the County of Tipperary Henry Rochford of Kilbred in the County of Kildare Col. Lewis O Farrol Sir Connel Farrol of Tirlickin in the County of Longford Kt. Lieut. Col. Capt. Terence Feral of the County of Longford Capt. Faghna Feral of the said County Capt. Charles Kelly of Skryne in the County of Roscomon Capt. John Mac Rory Farel of the County of Longford Charles Feral of the said County Capt. Jasper Tute of the County of Westmeath Lieut. Farriagh O Hanly of Slewbane in the County of Roscomon Lieut. Morogh O Flaherty of Uma in the Barony of Balenehenzey in the County of Galway Capt. Bryan Lennan of Fale in the County of Antrim Lieut. Con Mac Gennis of Iveagh in the County of Down Ensign Andrew Fallon of Miltown in the County of Roscomon Capt. Tiege O Flaherty Col. George Cusack Col. Piers Lacy of the Broof in the County of Limrick Capt. James Weldon Lieut. John Talbot of Belgard in the County of Dublin Mr. Christopher Russel of Seaton in the same County Mr. Wil. Talbot of Hagerstown in the County of Lowth Mr. Thomas Cusack of Carick in the County of Kildare Mr. Harald of Kilnekeuge in the County of Dublin Capt. Wil. Skelton Terence Molloy of Gortachutrey in the Kings County James Eustace of Culadain in the County of Wexford Owen Waddrick of Kilchecle in the County of Wexford Arthur Linch of _____ in the County of Meath Roger Duygin of Corr in the Kings County Lawrence Bellew of _____ in the County of Lowth And though some not sensible of the great perplexities We have laboured under to reconcile these Iarring Interests may infer That where We judge persons sitting to be restored to their Estates yet the limitation of a previous Reprizal may Eclipse much of Our Grace To this We say That the laying of the Foundations is not now before Vs when We might design the Model of the Structure answerable to Our own thoughts And how hard it would be that the English after so many expensive difficulties in Suits of Law and finding several Officers in Order to get the present possession they enjoy And that after so many thousands of Families who have sold their Interests in England have transported and settled themselves in Ireland and have made great improvements in Buildings and otherwise should in the Interval of these accommodations Reprisal not being first provided for be dispossessed of their Houses and their Stocks the sole subsistance of them and their Families exposed to certainty of loss though greater inconveniencies We pretermit may easily be judged To this We might adde That since the persons of the Irish for whom we do hereby intend satisfaction are such who have been abroad with Vs who probably being not furnished with Stock and other Provisions may with less inconveniencies wait for a Reprizal than to dispossess others especially since we are fully assured that a very short time may and will Assign them their respective Reprizals there being so good and large a proportion of undisposed Forfeited lands in Our Power reserved for this purpose and We doubt not but the persons most concerned in this supposed prejudice throughly weighing these inconveniencies and that they will be but of a short duration and how great and reasonable a dissatisfaction a contrary acting in Vs will produce will acquiesce therein by such a forbearance lay the Foundation of a good Vnderstanding between themselves those other their fellow-subjects who are
forwardness of all the rest of their Brethren in contributing One half years full value of the profits arising of the said lands as aforesaid set out for their respective Adventures and Arrears to be paid in One year towards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for and suffered with Vs And that several of the Adventurers having expressed their own willingness and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness in consideration of Our Grace and Favour in the aforesaid Settlement One other half years Rent more of full value to be paid in One other year We cannot but declare Our Acceptance of such their free and kinde offer and when a Bill shall be tendred unto Vs upon the accompt and for the ends aforesaid it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve And We do lastly declare That Protestant Plantations shall be settled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the land so to be settled on the Adventurers and Souldiers in such manner as by the Commissioners to be nominated and directed by Vs shall be set down Provided always That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dublin in the year One thousand six hundred forty one nor to any 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 signed or sealed the Warrant for Execution or who were of the Guard of Halbertiers assisting to put the Bloody Sentence of Death in Execution upon the 30. of January One thousand six hundred forty eight Provided lastly and it is hereby declared That this Declaration or any thing therein contained shall not extend to confirm the disposition or setting out to any Adventurer Soldier or other person any of the Lands Tenements or Hereditaments belonging before the 23. of October 1641. to any City or Sea-Town Incorporated but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Favour and the Adventurers Souldiers or others who have any of the said Lands Tenements or Hereditaments set out unto them shall be Reprized in like manner as is provided for them in other cases by this Declaration Given at Our Court at Whitehall the 30. day of November 1660. In the Twelfth Year of Our Reign Signed CHARLES R. INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour Richard Earl of Cork Lord High Treasurer of Our Kingdome of Ireland Our right trusty and right well beloved Cousins and Counsellours Edward Lord Viscount Conway and Kilulta Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Kingdome Hugh Lord Viscount Montgomery of the Ardes Master of Our Ordinance in Our said Kingdome and John Lord Viscount Massereene Our right trusty and well beloved Counsellour Francis Lord Angier John Lord Kingston Richard Lord Baron of Caloony Sir James Barry Knight Lord Chief Justice of Our Court of Chief Place James Donelan Esq Lord Chief Justice of Our Court of Common Pleas John Bysse Esq Lord Chief Baron of Our Court of Exchequer Sir Henry Tichburn Knight Sir Robert Forth Knight Sir James VVare Knight Thomas Pigot Esq Master of Our Court of Wards and Liveries Col. Arthur Hill and Col. Marcus Trevor Our trusty and well beloved Sir Francis Hamilton Knight and Baronet Sir Arthur Forbes Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir Richard Lane Baronet Sir Paul Davys Knight Sir George Lane Knight Sir John Stephens Knight Sir VVilliam Domvile Knight Our Atturney General Sir Allen Brodericke Knight Our Surveyor General Sir Audley Mervin Knight Our chief Serjeant at Law John Temple Esq Our Solicitor General Col. John Ponsonby Henry VVarren and Dudley Cooley Esqs Serjeant Major George Rawden Dr. VVilliam Petty James Cuffe and Thomas Browne Esquires Our Commissioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November One thousand six hundred and sixty C. R. WHEREAS by Our said Declaration of the thirtieth of November One thousand six hundred and sixty We have made provision for the Settlement of Our Kingdome of Ireland and Satisfaction of the several Interests of Adventurers Souldiers and others Our Subjects there which we are minded to put in effectual Execution We have therefore hereby nominated you or any five or more of you whereof two of the persons following to be alwayes present viz. Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Realm Our Trusty and well beloved Counsellour Sir James Barry James Donelan Esq and John Bysse Esq Sir James Ware Our Atturney and Solicitor General Our Commissioners for the putting in Execution the matters and things therein contained according to the Tenor of these following Instructions You are to cast up the whole Debt and Demand of the Adventurers as well those that are satisfied as those that are in part or in whole deficient as also all the forfeited Lands assigned to or for the said Adventurers according to the Survey commonly called Doctor Petty's Down Admeasurement And the said Demands and Lands you are to compare together and what the said Lands fall short of satisfying the said Adventurers according to the Rates Measures and Proportions of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine so much of the forfeited Lands in the County of Lowth in the Province of Leinster except the Barony of Atherdee you are to set apart for satisfaction of the said Adventurers And if the said forfeited Lands shall fall short of satisfying the said Adventurers you are then to add the forfeited Lands undisposed by Our said Declaration in the County of Catherlogh And if those shall fall short then the Lands remaining undisposed of in the County of Kildare to supply all the said Adventurers deficiencies And if those Lands fall short then you are apart other forfeited Lands in some convenient place for the end aforesaid And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers and satisfying their deficiencies ascertaining their respective proportions You are to cause publick Proclamation to be made within the respective Counties Cities Baronies and places in Ireland thereby directing each Adventurer his Assignee or Assignees or his or their Agent or Agents sufficiently authorized that hath received any satisfaction in Land for his Adventure within forty dayes after such Proclamation to deliver unto you in
other persons whose Estates are confirmed by Our said Declaration together with the Rents and Profits payable unto Vs according to Our said Declaration by such Adventurers Souldiers and others And you are carefully and exactly to reduce the measure of such Lands as were set out by Plantation-measure of Twenty one Foot to the Pearch and One hundred and Sixty Pearches to the Acre to Sixteen Foot and an half to the Pearch and One hundred and Sixty Pearches to the Acre and accordingly to ascertain the Rent payable to Vs the which you are likewise to do of all the Estates we are graciously pleased to restore unto any Papist whose Estates were formerly disposed of or remained undisposed of in Our Hands Provided such Estates did not formerly pay unto Our Royal Father a greater Rent in which case the said greater Rent is to be reserved and paid to Vs for the Future which Books so made up you are to lodge as Our Court of Exchequer shall direct with some Officer of Our Revenue that the Rents may be given in Charge And that no prejudice may be to Vs or uncertainty in Our Revenue You are also to prepare Duplicates of the said Books to be kept in the Office of Our Chief Remembrancer and Treasurers Remembrancer And whereas in the Execution hereof it will be necessary to imploy several persons for the inquiry into and preparing several matters hereby committed to your Trust you are therefore hereby Authorized and Impowered from time to time to nominate and appoint such person or persons as you shall finde necessary for Our Service herein unto whom Our Chancellor for the time being for that Our Kingdom is hereby required and authorized to grant One or more Commissions under Our Great Seal of that Our Kingdom for the purposes aforesaid And whereas We have by Our said Declaration provided that Protestant Plantations shall be setled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the Lands to be setled on the Adventurers and Souldiers the same being subject to many intricacies and of universal concernment to that Our Kingdome We do therefore refer the whole consideration thereof unto Our Parliament for their Advice therein And you are hereby strictly required to take special care that the Decrees and the Estates in Lands set out in satisfaction of the same in the Province of Connaught and County of Clare to any Transplanted or Transplantable person and purchased from them or any of them by Charles Earl of Mountrath John Lord Baron of Kingstown Richard Lord Coot Baron of Coloony Carey Dillon Esq Sir George Bingham Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir James Shaen Knight Major Arthur Gore Sir George St. George Sir James Cuffe John Eyres Esquire Henry Waddington Esq Captain Robert Parks Captain Robert Morgan and Captain Owen Lloyd be confirmed unto them and every of them their Heirs and Assigns respectively they paying one full years Value of the Profits of such Estates to Vs Our Heirs and Successors in two years space in such manner and for such Vses as in Our late Declaration is offered to be contributed by the Adventurers and Souldiers and accepted by Vs and that they be not removed from any such Estates in Lands they have so purchased by virtue of such Decrees untill they be duely reprized out of other Forfeited Lands of equal Value Worth and Purchase in the said Province of Connaught or County of Clare or elsewhere as in Our said Declaration is directed for Adventurers and Souldiers Provided that this shall not be construed to confirm the Decree of any person for so much thereof as was obtained by injustice fraud irregularity or oppression in the proceedings but especially of any person who had no Right nor Title by the Rules given for making those Decrees to the Estate in compensation whereof such Decree was granted if the same shall be made appear unto you before the Five and Twentieth day of March One Thousand Six hundred Sixty and Three And in such case it is Our pleasure that any of the aforesaid persons who hath purchased Lands upon any such insufficient Decree shall or may place some other unsatisfied or reprizable Decree upon such Lands Provided also That this Clause shall not extend to confirm unto the said persons any Lands that are restorable by Our Declaration to the former Proprietors Reprizals being given in lieu thereof as in the Declaration is appointed Provided also That such Transplanted Persons who being within Rules of Reprizal have been removed from the Lands to which they have been transplanted without any Reprize therefore first given be forthwith Reprized in the first place and before all other Reprizable persons And that the Lands set out unto Sir Thomas Herbert and Benjamin Worsley Esq for their Salaries in Ireland in relation to their Imployments about the Satisfaction of the Souldiery in stating their Arrears or surveying or setting out Lands be confirmed unto them and their Heirs and Assigns severally and respectively And if the said Lands or any part thereof shall be restored to the former Proprietors That a Reprize be forthwith assigned and set out unto them their Heirs and Assignes severally and respectively in lieu thereof in like manner as is provided for such Adventurers and Souldiers as shall be removed from off their present Estates And whereas some Ambiguity or Doubt may arise under what Qualifications such persons may be comprehended who submitted unto Our Articles of Peace and inviolably observed the same yet neither attended Vs in Forreign Parts nor sued out Decrees for Lands in Connaught or County of Clare You are in order to their Settlement to proceed in the same way and method as by Our Declaration is held forth for those that submitted to Our Articles and inviolably observed the same and attended Vs in Forreign parts And for the better quieting setling and securing the several persons and their Interests for whom provision is made in Our said Declaration and Instructions and this present Act the Lord Lieutenant Lord Deputy Lords Iustices or their Chief Governour or Governours of that Our Kingdom for the time being upon Certificate signed by you or any Five or more of you as aforesaid expressing the Name or Names of such persons the quality of their Estates the number of Acres the Barony County and Province in which such Estates are and the â—ents reservable as also the Tenure and Services are hereby authorized and required upon request by the person or persons so concerned to cause effectual Letters Patents under the Great Seal of that Our Kingdome to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons aforesaid by advice of Our Learned Council in the Law for that Our Kingdom or some of them as the case shall require without expecting any further Letters or Warrants from Our Self and for so doing these Our Directions shall be
to them and every of them their sufficient Warrant and Discharge And whereas we not apprehending that we should arrive at a Settlement of Our Kingdom of Ireland so soon and with so general Satisfaction to all Interests as we have done did upon the petitions of several persons asserting their Innocence grant Our Letters for the re-possessing such Petitioners of their former Estates or any part thereof which Letters may possibly not answer to Our said Declaration and Instructions which now We look upon as the positive and fundamental Rule for the Settlement of that Our Kingdome the Chief Governour and Governours of that Our Kingdom for the time being and Our Privy Council there are therefore in executing the contents of such Our Letters to observe the same as they shall fall under Our several Rules in Our said Declaration and agreeable to the same and as in these Our Instructions are more particularly expressed and not otherwise For your pains and labour herein and for the pains and labour of such Sub-Commissioners as you shall imploy as aforesaid We do hereby authorize you to ask demand and receive from every Adventurer Souldier or other persons his or their Heirs or Assigns now in possession or to be put in possession of any Houses Lands Tenements or Hereditaments one penny for every Acre of land as admeasured assigned or set out to him or them for ascertaining their respective possessions and likewise for every one to be reprized an Estate worth Twenty Pounds per annum the sum of Ten Shillings and after the same Rate for greater or smaller Reprizes and for every Certificate for Lands to be possessed the sum of Ten Shillings and one penny in the pound for every Debenture that shall be satisfied by you and for the Clerks and Officers to be imployed by you and the contingent Charges relating thereunto that the same be paid out of the moneys that shall be received of the Rents due and payable out of the Securities appointed for the Officers before One Thousand Six Hundred Forty and Nine In the ascertaining stating and setling of any sum or sums of Money Debentures Certificates or Decrees for Arrears Adventures publick Debts Reprizes or other allowed Interests pursuant unto Our said Declaration You are to strike off and deduct all Fractions of odd Pounds Shillings and Pence and likewise in the ascertaining and setting out of the respective Proportions of Lands which shall be setled or granted in satisfaction of any of the aforesaid Interests You are to strike off and deduct all Fractions of odd Acres Roods and Pearches taking care that there be not above the one hundred part of any such sum or sums of Money or proportions of Lands respectively deducted from any one person without his own consent and that you do keep an exact and particular accompt of all the said Deductions in Money or Lands and cause the same to be satisfied as intirely as may be in such convenient proportions and in such places as the chief Governour or Governours of Our said Kingdom for the time being shall appoint which proportions are to be reserved to be disposed of unto such use or uses as We Our Heirs or Successors shall appoint The aforesaid Adventurers and Souldiers being satisfied and the Reprizes made and the several business finished as before is directed you are to deliver up your Books not before in these Instructions otherwise disposed of unto Our Auditor General of that Our Kingdome of Ireland and Duplicates of the same to Our Surveyor General in their Offices to remain as of Record In the management of which said Trust you are from time to time as the case shall require to give an accompt to Our Chief Governour or Governours for the time being and Our Council in Ireland of your Proceedings and to observe and follow such further directions as you shall from time to time receive from Vs or from them pursuant to this Act. And for the more due and impartial execution of Our said Declaration and these Instructions it is Our will and pleasure That no Commissioner or other person imployed acting in this Service shall till the Work be finished purchase by themselves or others in their behalf or to their Vse or in Trust for them or any of them any of the Lands Tenements and Hereditaments that are to be setled confirmed reprized or restored by virtue of Our said Declaration but shall before they enter upon this Trust respectively give in Lists under their Hands of such Lands Tenements and Hereditaments as they are Intituled to or possest of to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being who are to take care for the observing this instruction And you are hereby further required to Reprize John Lord Viscount Massareene and his Heirs with an Estate of like yearly Rent in the Province of Leinster to that of which he stands seized in the Barony of Dunluce in the County of Antrim and to cause Our Letters dated the Eighteenth day of December One thousand six hundred and Sixty and the Fourteenth of August One thousand Six hundred Sixty and one to be put into speedy execution for the full satisfaction of the said Lord Massareene to all intents and purposes which being done you are then to cause the said Estate whereof the said Lord Massareene is seized in the Barony aforesaid to be delivered to Daniel O Neil Groom of Our Bed-Chamber in satisfaction for an Incumbrance of a much greater value wherewith the Barony of Dunluce set out to the Adventurers stands charged for the behoof of the said Daniel O Neil And for the better satisfaction of the Lord Massareene for the Estate of Henry O Neil of Killelaugh in the County of Antrim Esq which he is also to part from You are likewise out of the Forfeited Lands in the County of Dublin to Reprize the said Lord Massareene and his Heirs with an Estate of equal value worth and purchase to that which the said Lord Massareene stands now seized of and which did formerly belong to the said Henry O Neil to hold to him the said Lord Massareene and His Heirs which being done you are then to deliver to the said Henry O Neil the Estate formerly belonging to him whereof the said Lord Massareene is seized as aforesaid as an Adventurer Nevertheless the said several Adventurers shall be subject to such Deductions as other lands according to the Rules of His Majesties Declaration and Instructions and this present Act reserving alwayes liberty and licence to the said Lord Massareene to place and be satisfied on the said deductions such sum of Money as the deductions before mentioned shall amount unto out of what shall be due to him for deficiencies Incumbrances or Arrears before the year One thousand Six hundred Forty and Nine the Arrears to be in such case and manner and at such Rates as are allowed to others before the said year One thousand Six hundred
One thousand Six hundred Forty nine in the Counties of Wicklow Longford Donnegal Leytrim the Mile-Line in Connaught and Clare and the Houses in the Cities Walled Towns and Corporations in Ireland It is Enacted and be it Enacted That all such persons and all and every the Heirs Executors Administrators and Assigns of such persons who have lent Mony or furnished any Provisions Clothes Armes or Ammunition for the Support of the Army in Ireland before the Sixteenth of September One thousand Six hundred Forty three shall be satisfied their just Debts of the aforesaid Securities And be it further Enacted That all such Persons their Heirs Executors and Administrators who have entred into Bonds or given any Security by Bills of Exchange or otherwise for the Debts afore-mentioned shall be in the mean time till Satisfaction be made and granted as aforesaid saved discharged and kept harmless and not liable to any Suit or Prosecution against them or any of them their Heirs Executors Administrators or Assignes respectively Provided alwayes and it is hereby Enacted That the Town and Lands of Ballyanin Garriduff East Ballivodicke West Ballivodicke and West Ballintobride in the Barony of Barrimore and County of Corke set out and disposed to Sir St. John Brodericke Knight in the year of Our Lord One Thousand Six Hundred Fifty Four and now in his possession shall be and are hereby vested in and settled upon the said Sir St. John Brodericke his Heirs and Assignes for ever by and under such Tenures Rents and Services as are appointed by Your Majesties said Gracious Declaration and this Act for Lands set out in the Province of Munster in Satisfaction of Arrears for Service in Ireland Provided nevertheless and it is hereby Declared and Enacted That Your Majesties Lieutenant Deputy Iustices or Iustice or other chief Governour or Governours of this Kingdom for the time being shall and may and hereby are impowred and authorized to apportion and divide from time to time the cost and charges which have been or shall be necessarily expended by the Commissioners or others in for and concerning the Execution of the said Declaration that the same shall be equally satisfied by the whole Adventurers Officers and Souldiers that have or shall have Lands for Adventures or Arrears either before One Thousand Six Hundred Forty Nine or since without any Distinction and that the Officers who served in Ireland before the Fifth of June One thousand Six Hundred Forty Nine or their Securities he not charged with more then their â—ateable Shares and due Proportion any thing herein formerly mentioned to the contrary thereof notwithstanding And whereas the Committee of Adventurers sitting at Grocers Hall London for the better management of their affairs in relation to their Adventures are necessitated in Order thereunto to endeavour the raising of a considerable sum of money of and from the said respective Adventurers as well for paying of the Debts already contracted as for the defraying the publick Charges for the better carrying on of the said Service for the future and for as much as some of the said Adventurers may prove to be refractory in paying and allowing their reasonable proportions of money towards the Charges aforesaid It being nevertheless expedient that a Service of such publick and common advantage should be equally born and paid by all persons concerned therein according to their respective Interests Be it therefore further Enacted by the Authority aforesaid That every of the said Adventurers their Heirs or Assignes whose Estates are to be confirmed pursuant to your Majesties said Gracious Declaration shall allow satisfie and pay such sum and sums of money as the said Committee or any five or more of them shall think sit and appoint for the carrying on of the said Service such sum and sums of money not exceeding Two Pence in every Twenty Shillings adventured by such Adventurer and in default of such appointment That Two Pence in every Twenty Shillings adventured by such Adventurer be raised and levied and that the same shall be paid to Erasmus Smith Esq Martin Noel of London Esq William Barker of London Esq Thomas Gower of St. Mary Woll Church of London Esq Edward Smith of St. Mary Overies Esq and Hugh Ratcliffe of St. Martins Esq or to such person or persons as they the said Committee of Adventurers sitting at Grocers Hall or any five or more of them from time to time shall direct and appoint and in default of payment thereof it shall and may be lawful to and for the persons aforesaid or any of them or such other person or persons as they shall direct or appoint to leavy by Distress and Sale of the Goods and Chattels of such persons so making default double the sum in arrears rendering the Over-plus to the party distrained And whereas Sir Francis Willoghby Knight lately deceased by the Tyranny and Oppression of the late Vsurpers was in his life time cast out of all Commands in this Kingdome and enforced to give up all his Debentures and Warrants of full pay for his Service in Ireland before the year One Thousand Six Hundred Forty Nine they assigning him only Two Thousand Acres in the County of Clare for Two Thousand Pounds in full Satisfaction of his whole arrears Be it hereby further Provided and Enacted by this present Parliament and by the Authority of the same that no less prejudice or damage whatsoever shall arise to or befall Dame Elizabeth Willoghby the Relict and sole Executrix of the said Sir Francis Willoghby for or by reason or in respect of her said Husbands necessitated accepting of the said Lands in the County of Clare in Satisfaction of all his said Debentures or Warrants of full Pay in manner as aforesaid other than the abating out of his whole arrears the aforesaid sum of Two Thousand pounds and the Issues of Profits of the said Lands and Tenements since the time of the said abatement and acceptance had and received But as to the residue of the said arrears due unto the said Sir Francis Willoghby before the Fifth of June One Thousand Six Hundred Forty Nine for his Service in Ireland the said Dame Elizabeth Willoghby and her Assigns according to Your Majesties Gracious Intentions declared by Your Letters of the Thirtieth of March One Thousand Six Hundred Sixty One in her behalf shall be admitted and accepted to have ask demand and receive as full and ample Satisfaction for the same out of the Securities by this Act set apart for satisfying the arrears of the Commissioned Officers before the Fifth of June One Thousand Six Hundred Forty Nine to all intents and purposes as if she were to that end named provided for and saved in Your Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty and as any Commissioned Officer or Officers whatsoever who served in Ireland before the year One Thousand Six Hundred Forty Nine and hath hitherto received no part of satisfaction for such his
aforesaid That James Duke of Ormond the Earl of Inchiqueene the Executors of Sir Philip Percivall Knight deceased late Commissary of the Victuals in Ireland who are to be satisfied for what Disbursements were made to the other Commissaries and Officers in the Establishment belonging to the said Imployment by the said Sir Philip Percivall and others who were General Officers Staffe-Officers Officers of the Train Colonels and Majors of Dragoons and Lieutenant Colonels of Horse Be and are hereby intended according to the several Commissions for Satisfaction of their said respective Arrears for Service as aforesaid before the Fifth of June One thousand six hundred forty nine among the rest of the said Officers out of the aforesaid security and are equally to enjoy all benefits and advantages in all particulars whatsoever with any other Commission-Officers serving before the Fifth of June One thousand six hundred forty nine mentioned in this Act according to their respective establishments And be it further Enacted by the Authorized aforesaid That in the Stating of the said Arrears no Officers be allowed for Service in Ulster but such as were of the Army called The Brittish Army and within the establishment of the said Army And that no Company or Troop be allowed but those that were Regimented or Mustered by the Commissary of the Musters as a non-Regimented Company or Troop and actively served during the whole time they pretended unto and received Pay and Quarters with the rest of the Army And be it hereby further Enacted That James Duke of Ormond the Earl of Inchiqueen and such Protestant Officers as served faithfully under his Majesties Lord Lieutenant of Ireland at any time between the Fifth of June One thousand six hundred forty nine and the Tenth of December One thousand six hundred and fifty and never served in any Army since but under his Majesties Authority may have their Arrears stated for that time also and may be allowed satisfaction for the same as for the rest of their respective Arrears and that the Debentures to them respectively for those Arrears be for the whole time without distinction And be it also Enacted That all Adventurers Souldiers their Heirs and Assigns whose Adventures and Lots were set out of the Lands of James Duke of Ormond and who have not been yet reprized shall be satisfied out of the remaining forfeited lands in the County of Catherlogh and also out of the respective moyeties of the ten Counties appointed for satisfaction of Adventurers and Souldiers And further That such Adventurers or Souldiers their Heirs or Assigns as have been or shall be removed upon or by reason of the restitution of the Earl of Roscommon shall be reprized in such sort as deficient and other Adventurers are by this Act intended to be satisfied And be it Enacted That the Right Honourable Arthur Earl of Essex Son and Heir of the Right Honourable Arthur late Lord Capel who in his life time subscribed and paid in his money as an Adventurer for Lands in Ireland and the Right Honourable Thomas Lord Culpeper Son and Heir of the Right Honourable John late Lord Culpeper who also in his life time subscribed and paid in his money as an Adventurer on certain propositions for lands in Ireland and all and every other person or persons their Heirs or Assigns who subscribed and paid in their moneys as Adventurers for lands in Ireland according to the Act or Acts passed in the Parliament begun and held at Westminster on the Third day of November in the sixteenth year of the Reign of Our late Sovereign Lord Charles the First of ever blessed memory and have not yet had Certificates from any Five or more of certain persons late sitting at Grocers-hall shall upon the producing the Original Receipts of the moneys so paid in or making good and sufficient proof therein before the Commissioners to be appointed for execution of the Declaration and Instructions and this present Act be enabled and Intituled to Ask Demand Receive and Have his and their respective satisfaction for their Moneys by a full and equal proportion of Lands out of the moyeties of the ten Counties heretofore set out for Adventurers or elsewhere as fully and amply as any other Adventurer can or may justly claim by vertue of any Certificate or Certificates whatsoever unless he or they have received or accepted satisfaction for the Original moneys so adventured out of Church-lands Crown-lands or other Lands formerly exposed to sale in England And be it further Enacted that where any Adventurer hath delivered up his Original Receipt and taken Certificates from any Five or more of certain persons late sitting at Grocers-Hall such Certificates shall be as effectual in the Law and as available to all intents and purposes as if the Original Receipt had been produced and all and every person and persons having and producing such Certificates shall be and are hereby enabled to have receive possesse and enjoy so much and no more forfeited Lands out of the moyeties of the Ten Counties aforesaid or elsewhere and such number of Acres English or Irish measure respectively as by vertue of the said Certificates shall be certified to be due to him or them respectively Provided alwayes That if it shall be clearly proved before the said Commissioners that the said Certificates do contain a greater quantity of Acres than ought to be given and allowed for the Original money paid that then such Certificates shall not Intitle them to any more Lands then are justly due for the Original subscription and money paid Provided alwayes That nothing in the Declaration Instructions or this present Act herein before or after mentioned shall be expounded construed or taken to give any Right or Title to any Adventurer or Adventurers who adventured their moneys upon certain Ordinances or pretended Ordinances of Parliament made in the years One thousand Six hundred Forty three and One thousand Six hundred forty and seven commonly called The Doubling Ordinances nor to the Heirs or Assigns of any such Adventurer or Adventurers to have hold or enjoy any further or other satisfaction out of the forfeited Lands aforesaid than according to the moneys really and Bona Fide paid in and advanced upon the said Ordinances or pretended Ordinances which moneys shall be satisfied with the like proportion of forfeited Lands according to Irish measure as other Adventurers their Heirs or Assigns who advanced their moneys upon the Act passed in the Parliament held at Westminster the first day of November in the Sixteenth year of the Reign of Charles the First Intituled An Act for the further Advancement of an effectual and speedy Reduction of the Rebels in Ireland to the obedience of His Majesty and the Crown of England may and ought to have any Certificate Allotment Distribution or other possession thereof upon the Seventh of May One Thousand Six Hundred Fifty Nine or any other matter or thing to the contrary hereof in any wise notwithstanding Nevertheless It
still enjoyed the same Provided always and Be it Enacted by the Authority of this present Parliament That one Grant or Lease made by Randal now Marquess of Antrim on or about the One and Twentieth day of November in the year of Our Lord One Thousand Six Hundred Thirty Seven of the Barony of Carey the Lordship of Bally Castle and the Island of Rachlins and all his Lands and Hereditaments within the said Barony Lordship and Island or any of them unto Alexander Mac Donnel John Moore Archibald Stewart and John Trayleman for ninety nine years from Michaelmas One Thousand Six Hundred Thirty Seven which Lease was made in Trust for payment of and Counter-Security against his Debts shall be and remain of the like effect and force in Law and no other as the same was before the making of this Act any thing in this Act before contained to the contrary notwithstanding And that the said Estate and term of years of and in the said demised premisses shall be and is hereby transferred from the aforesaid Lessees unto and vested and setled in Martin Noel Esq Thomas Carleton Citizen and Mercer of London and John Bradborne of the Middle Temple London Gentleman who shall hold and enjoy the said demised premisses from henceforth for and during such Interest as they legally have by the said Lease upon this Trust reposed in them the said Martin Noel Thomas Carleton and John Bradborne that they their Executors and Administrators shall from time to time dispose and imploy such moneys as they shall raise or receive by or out of the said Premisses for and towards the Satisfaction and Payment of all such Debts of the said Marquess as are yet unpaid and were intended by the said Lease or Ninety nine years to be secured and that all and every person and persons now seized or possessed of any part of the premisses and reprizable by the Rules of the Declaration and Instructions and this present Act shall be forthwith reprized for so much as shall be Adjudged from Them by Virtue of the said Lease Provided always and Be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Right Honourable Thomas Earl of Southampton Lord High Treasurer of England Anthony Ashley Lord Ashley Sir Orlando Bridgman Knight and Baronet Lord Chief Iustice of his Majesties Court of Common Pleas and Sir Henry Vernon To Have Hold and enjoy to them and their Heirs and Assigns all that the Castle Manor and Abby of Eniscorthy in the County of Wexford and all those Manors Townships Lands Tenements Territories and Hereditaments late parcel of the possessions of Robert Wallop commonly called or known by the name of Kilbeck Clony Turnesallough and Effernock and also all that the Priory or Rectory and Church Impropriate of Salsker in the said County of Wexford late parcel of the possessions of the said Robert Wallop with all Tythes Oblations Obventions and all other Profits whatsoever thereunto belonging and all other the Messuages Lands Tenements Tythes Rents Reversions and Hereditaments whatsoever in the Kingdom of Ireland granted or mentioned to be granted unto the said Earl of Southampton Lord Ashley Sir Orlando Bridgman and Sir Henry Vernon and their Heirs in and by certain Letters Patents bearing Date the Six and Twentieth day of September in the Thirteenth year of his Majesties Reign which said Letters Patents shall be and are hereby ratified confirmed and approved according to the Tenor and Purport thereof any thing in this present Act contained to the contrary thereof in any wise notwithstanding Provided always and Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Richard Ingoldsby Knight of the Bath to receive and take to his own use the Rents Issues and Profits of all and singular the Messuages Lands and Tenements formerly belonging to Sir Hardress Waller and now forfeited by the Attainder of the said Sir Hardress Waller for High Treason and also all and singular the Goods and Chattels formerly belonging to the said Sir Hardress Waller and now forfeited wheresoever the same shall be found in the Kingdom of Ireland until the said Sir Richard Ingoldsby shall out of the Rents and Profits or by reason of the said Goods and Chattels be fully satisfied and paid the sum of Two Thousand Pounds with the Interest thereof since the year One thousand Six hundred Fifty eight or so much thereof as remains yet unsatisfied he the said Sir Richard Ingoldsby accompting for and paying the full Overplus thereof if any shall be unto Our Sovereign Lord the King any thing in this Act before contained to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sr. George Lane Knight his Heirs and Assignes to have hold possess and quietly enjoy to the use of him the said Sir George Lane Knight his Heirs and Assigns all the Lands Tenements and Hereditaments wherein the said Sir George Lane had any Estate in Possession Reversion or Remainder on the Fifteenth day of September One thousand six hundred and fifty And also all the Castles Manors Lands Tenements and Hereditaments which he the said Sir George Lane or any other person or persons in Trust for him the said Sir George Lane or to his Vse hath or have purchased of or from Thomas Dutton Esq Son and Heir of Sir Thomas Dutton Kt. deceased and also of and from Sir John Norton of Rotherfield in the County of Southampton Baronet situate lying and being in the Counties of Longford and Leitrim containing by Estimation Two Thousand Six hundred Acres of profitable land be it more or less And also all other the Messuages Lands Tenements and Hereditaments whereof John Cook and Philip Hore lately attained for High Treason or either of them or any other person or persons to the use of or in Trust for them or either of them was or were seized or possessed on the Day they the said John and Philip respectively committed their several Treasons or at any time since and which were given and granted or mentioned to be given and granted by his Majesties Letters Patents under the Great Seal of Ireland unto the said Sir George Lane and his Heirs according to the purport and meaning of the said Letters Patents all which said Manors Castles Lands Tenements and Hereditaments are to be held and enjoyed by the said Sir George Lane his heirs and assigns with like benefit of Reprizal in case of Restitution as any Adventurers ought to have Saving to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns other then to the Kings Maiesty his Heirs and Successors and other then to the said Thomas Dutton Sir John Norton John Cook and Philip Hore or any of them or the Heirs Executors Administrators or Assigns of them or any of them and other than such person
reason he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them according to the Tenor of the said respective Acts of Decimo Septimo and Decimo Octavo Caroli But that all such forfeited Subscriptions be and they are here by vested and settled in your Majesty your Heirs and Successors and be set out and satisfied according unto the respective Rates in the said Acts mentioned within the aforesaid Security set apart or designed for Satisfaction of the Adventurers immediately after the other Adventurers who have duely paid in the respective sums by them subscribed in pursuance of the said Acts are satisfied and that the same be granted and disposed of by your Majesty unto such uses and in such manner as your Majesty shall think fit any thing in this or any other Act to the contrary notwithstanding And be it further Enacted That those Adventurers and Souldiers their Heirs or Assigns whose Adventures or Lots were set out of the Lands of James Duke of Ormond and have been since removed from the same and have had by his Majesties Commissioners for Executing his Gracious Declaration other Lands set out ordered or appointed in the County of Catherlogh towards their Reprizal and Satisfaction be and are hereby confirmed in so much of the said lands in their respective Orders named as shall be equal in value worth and purchase with those from which they have been removed as aforesaid and shall hold and enjoy the same to them their heirs and assigns for ever which said lands shall be immediately put out of charge in his Majesties Court of Exchequer in Ireland reserving the chief Rents according to his Majesties Declaration any thing in this present Act contained or otherwise to the contrary thereof in any wise notwithstanding Whereas Lands in the County of Lowth have been appointed by the Lords Iustices of Ireland to Erasmus Smith Esq towards satisfaction of his Adventures for Lands in Ireland and the possession thereof ordered accordingly Be it Enacted That the Lands so ordered and appointed be setled confirmed and established to and upon him the said Erasmus Smith his Heirs and Assigns with all Advantages and Priviledges allowed by this Act to Adventurers any thing in this Act contamed to the contrary notwithstanding Provided nevertheless that if any of the said Lands be restored pursuant to the Rules of this Act or otherwise to any person restorable the said Erasmus Smith his Heirs and Assigns shall be first reprized for such Lands so restored by other Lands in the said County of Lowth and for want thereof by other forfeited lands in some other convenient place of equal value worth and purchase Provided that by colour hereof no more lands be setled and confirmed to the said Erasmus Smith his Heirs and Assigns then according to the Rates for satisfying of Adventurers Provided alwayes and it is hereby further Enacted That nothing in this Act contained shall extend to vest in his Majesty his Heirs or Successors any the Honours Castles Messuages Manors Lands Tenements and Hereditaments whereof Oliver Cromwel deceased Henry Ireton deceased John Jones deceased Daniel Axtel deceased Gregory Clement deceased Isaac Ewer deceased John Bradshaw deceased Thomas Andrews deceased Thomas Hamond deceased Sir Hardress Waller John Hewson Miles Corbet Thomas Wogan Edmond Ludlow Edward Dendy John Lisle William late Lord Mounson Cornelius Holland Henry Smith Owen Row Edmond Harvy Nicholas Love Edward Whaley Thomas Pride deceased William Say Valentine Walton John Berkstead Sir Michael Livesey John Okey William Gouffe Thomas Challinor William Cawley John Dixwel Andrew Braughton Thomas Harrison Adrian Scroop John Carew Thomas Scot Hugh Peters Francis Hacker Isaac Pennington Henry Martin Gilbert Millington Robert Tichburn Robert Lilborn John Downs Vincent Potter Augustine Garland George Fleetwood Simon Mayne James Temple Peter Temple Thomas Wait Sir John Danvers John Blackston Sir William Constable Richard Dean Francis Allyn deceased Peregrine Pelham John Aldred alias Alured Humphrey Edwards John Vynn Anthony Stapely Thomas Horton John Frey James Challiner Sir Henry Mildmay Sir James Harrington John Phelps or any of them were at any time heretofore seized or possessed in their own Right or any other in Trust for them or to their use or which at any time heretofore were given and granted alloted assigned distributed disposed or conveyed to them or any of them or any other in Trust for them or any of them or to any other person or persons claiming by from or under them or any of them in satisfaction of any Adventures or Arrears due unto them or any of them or for any other Recompence or Reward whatsoever but the same and every of them other than the Lands and Tenements given and granted unto Michael Lord Bishop of Cork and other than the Lands and Tenements hereafter disposed to Francis Lord Anger shall be and are hereby vested and setled in and upon his Royal Highness James Duke of York and Albain Earl of Ulster c. to have and hold to his said Highness his Heirs and Assigns freed exempted and discharged so long as the same remain in the possession of his Highness or his Heirs of and to from any new or increased Rent Services and Payments in and by this Act assessed imposed and reserved but with like benefit and advantage of Reprizal in case of restitution as any Adventurer or Souldier by virtue of this present Act may or ought to have and also with further and other benefit of Reprizal for so much of the premisses as by virtue of the Declaration and Instructions or this present Act shall be held or enjoyed by any Adventurer or Souldier And if his Royal Highness or his Heirs shall grant or alien all or any the lands or premisses herein before mentioned otherwise than by lease or leases for lives or years upon which the full moyety of the improved Rent shall be reserved then so much as shall be aliened or granted shall be subject to and charged with such Tenures Rents Services and other Payments as other Lands by this Act ought to be subject to and charged with Provided and it is Enacted by the Authority aforesaid That all such forfeited Lands Tenements and Hereditaments with their appurtenances and all and every the Estate Right Title and Interest therein which were heretofore set out in the said Kingdome of Ireland to John Lord Kingston Baron of Kingston or to Sir Robert King his late Father deceased or which were purchased by them or either of them from any Adventurers Souldiers Transplanted or Transplantable persons their Heirs and Assigns and set out unto or possessed by them or any of them on the Seventh day of May One thousand six hundred Fifty nine shall be and are hereby ratified and confirmed unto the said Lord Kingston his Heirs and Assigns lyable to such Rules and Directions as are hereby prescribed for restoring of Lands to former proprietors Provided and it is declared That such part
of the Lands aforesaid as were set out upon the Ordinance commonly called The Doubling Ordinance over and above the money paid thereon are not intended to be hereby confirmed to the said John Lord Kingston and his Heirs without delivering up or discharging such Receipts or Certificates of deficient Adventurers or such part of his own his late Fathers Arrears or other Debentures for Service in Ireland before the Fifth day of June One thousand six hundred forty and nine provided for by this Act as shall amount unto the value or sum for which such proportion of Lands were or are to be set out to Adventurers in the Province of Leinster but that upon delivering up or discharging such Certificates Receipts or Debentures amounting to such sum or value the said Lands and every part thereof are hereby ratified and confirmed as aforesaid and shall stand remain and be unto the said Lord Kingston his Heirs and Assigns for ever And be it further Enacted by the Authority aforesaid That for all such Lands and Tenements claimed by the said Lord Kingston set out to or possessed by Adventurers Souldiers Transplanted or Transplantable persons their Heirs or Assigns on the said Seventh day of May One thousand six hundred fifty and nine whereof George Lord Baron of Strabane Sir Henry Talbot Sir William Dungan and Thomas Harman Esq or any other former or other proprietor is are or shall be possessed or restored unto he the said Lord Kingston his Heirs and Assigns shall be speedily and effectually reprized for the same out of such Lands and Hereditaments of the like yearly Rents and Profits in the Counties of Dublin Cork and Kildare or some of them as the said lands so possessed restored or to be restored are now worth to be letten any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That nothing in this Act contained shall extend to vest in his Majesty his Heirs and Successors the forfeited Lands Tenements and Hereditaments in the Counties of Westmeath and the Kings County whereof Sir Hardress Waller Isaac Ewer or any of them or any other person or persons in Trust for them or any of them or claiming by from or under them or any of them were on the Seventh of May One thousand six hundred Fifty nine seized or possessed but that the same and every of them shall be and are hereby vested in Francis Lord Angier and his heirs subject to the like Tenures Rents Services and Payments as any Adventurers within that Province wherein the Forfeited Lands hereby granted do lie are subject unto and with like benefit of Reprizal in case of Restitution or Incumbrance as any Adventurer ought to have any thing herein contained to the contrary in any wise notwithstanding Provided also and be it Enacted That all and every sum and sums of money due unto John Lord Kingston Richard Lord Baron of Coloony Sir Theophilus Jones Sir Oliver St. George Sir John Cole and Chidley Coote Esq for their respective Arrears for Service in Ireland before the Fifth of June One thousand six hundred forty nine shall be stated and satisfied unto them their Executors or Assigns respectively out of the Security in this Act appointed for satisfying Arrears before One thousand six hundred forty nine in the same manner and by the same Rules and Rates as before in this Act is provided for such as have Arrears due to them before One thousand six hundred forty nine and received no satisfaction for any Arrears since that time although the said persons or any of them have received Lands for Arrears since the said Fifth of June One thousand six hundred forty nine any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That Sir Paul Davys Knight shall have hold and enjoy to him and his heirs and assigns for ever all and every the Towns and Lands of Londonstown formerly belonging to William Fitz-gerrald attainted Barretstown formerly belonging to Christopher Eustace attainted Johnstown formerly belonging to James Flatsburry attainted and Palmerstown formerly belonging to the said James Flatsburry all situate lying and being in the County of Kildare with their and every of their Members and Appurtenances whereof the said late Proprietors respectively were seized or any other persons were seized for their uses or in trust for them respectively on the days of their respective Attaintures or at any time since the said Sir Paul Davys his heirs and assigns yielding and paying therefore yearly to Your Majesty your Heirs and Successors such and the like Rents as are appointed to be paid by Adventurers for Lands in the Province of Leinster by the Act made in the Parliament begun at Westminster on the third day of November One thousand six hundred and forty Intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due Obedience to his Majesty and the Crown of England unless the Rents formerly reserved on the premisses to the Crown on the Three and Twentieth of October One thousand six hundred forty one did exceed that Rent in which case the Rent to be the same it was on the Three and Twentieth of October One thousand six hundred forty one and the premisses to be held of your Majesty Your Heirs and Successors by the same Tenure which by the said Act is appointed for Adventurers for Lands in Ireland any thing in this Act contained to the contrary or any other Act matter or thing whatsoever to the contrary notwithstanding Whereas several Officers in Munster who ingaged themselves in his Majesties Army in the Kingdom of Ireland under the Command of his Excellency the Lord Duke of Ormond in the year One thousand six hundred forty eight were afterwards instrumental in the betraying of several considerable Towns and Garisons into the Vsurpers hands or his Forces Be it therefore Enacted by the Authority aforesaid That all such Betrayers and their actual Assistants the Heirs Executors Administrators or Assigns of them or any of them shall be wholly excluded from any benefit from this Act of Parliament as to their enjoyment of any lands for their Arrears before June One thousand six hundred forty nine or any part of them other than such who within twenty four moneths after the date of this Act shall make it appear to the Lord Lieutenant of that Kingdom or the Chief Governour or Governours thereof with six of the Council that they made some repair for their former faults by their timely and seasonable appearance for Our Restitution in the year One thousand six hundred and sixty And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall forthwith set out or cause to be set so much of the Forfeited Lands as do amount unto the clear yearly value of three hundred pounds per annum and are nearest adjacent and