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A45983 An act for the explaining of some doubts arising upon an act intituled, An act for the better execution of His Majesties gracious declaration for the settlement of His kingdom of Ireland and satisfaction of the several interests of adventurers, souldiers, and other his subjects there; and for making some alterations of, and additions unto the said act, for the more speedy and effectual settlement of the said kingdom.; Public General Acts. 1665 17 Charles II c. 2. Ireland. 1665 (1665) Wing I316B; ESTC R216259 132,385 160

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appurtenances in the said County of Wexford and all other Lordships Mannors Castles Lands Tenements Rents and Arrearages of Rents reserved and payable upon any Lease or Leases for lives or years or otherwise and all Reversions Remainders Services and Hereditaments late of the said Robert Wallop with their and every of their appurtenances in the said County of Wexford and also all that Priory or Rectory and Church Impropriate of Selsker in the said County of Wexford and all Houses Edifices Barns Stables Tythes Oblations Obventions Profits Commodities and Advantages whatsoever thereunto belonging or appertaining and all other Tithes or tenth parts of Corn Grain Hay Wool Lamb Fish and other Tithes whatsoever late of the said Robert Wallop yearly arising coming renewing or happening within the severall Parishes and Towns Vills fields hamletts tytheings and tytheable places of St. Margaret St. Ivern Ishartenon Kilmore Killame St. Peter Carycke Killoryn Ballysonon Ballnalden Killish Ardcavan and Ard-Collme Killmallock St. Nicholas Takillin Skreene Killisk Ballmestaine Selsker and St. Toolirck in the said County of Wexford and also all other Lordships Mannors Castles Abbeyes Towns Vills Territories Messuages Lands Tenements rents and arrearages of rents as aforesaid reversions tythes and hereditaments whatsoever in Ireland late the possessions of the said Robert Wallop and also all other Mannors Messuages Lands Tenements Meadowes feedings pastures woods under-woods tythes rents reversions and hereditaments together with all and singular Courts Courts-leet Courts-Baron viewes of Franckpledge and all that to Courts-Leete and viewes of Franckpledge appertaineth Perquisits and profits of Courts Chattels Waifes Estrayes Rights Iurisdictions Franchises Privileges Commodities Advantages Emoluments Hereditaments whatsoever to the aforesaid Lordships Mannors Castles Abbyes Lands Tenements Hereditaments and other the premisses aforesaid or any of them or any part or parcel of them in the said County of Wexford or elsewhere in this Kingdom of Ireland belonging or appertaining or accepted used reputed taken or known as part parcel or member of them or any part or parcel of them with their and every of their appurtenances late of the said Robert Wallop all which premisses by His Majesties Letters Patents under his Great Seal of England bearing date the six and twentieth day of September in the thirteenth year of his now Majesties Raign were mentioned to be granted by his said Majestie unto the said Thomas Earl of Southampton Lord Ashley Sir Orlando Bridgeman and Sir Henry Vernon and their Heirs and all and singular conditions covenants forfeitures entries titles and rights in any Indenture or Indentures of Lease of the premisses or any of them specified or contained or otherwise And be it further Enacted by the authority aforesaid That all and singular the said Castles Mannors Hereditaments and premisses shall be and are hereby declared and adjudged to be vested and settled in the said Thomas Earl of Southampton Anthony Ashley Lord Ashley Sir Orlando Bridgeman Sir Henry Vernon and their heirs and that as fully and amply as if the said Letters Patents had been good and effectual in law according to the intent and purpose thereof any thing in this or the said former Act to the contrary hereof in any withstanding And be it further Enacted That Sir Maurice Eustace Knight late Lord Chancellor of Ireland Arthur Earl of Essex Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloone Michael late Lord Bishop of Cork now Lord Chancellor of Ireland and Lord Archbishop of Dublin John Lord Vicecount Massareen Marke Lord Vicecount Dungannon Rober Boyle Esq Sir Arthur Forbus Major George Rawdon now Sir George Rawdon Baronet and the relict and heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cooke and the Orphans of Colonell Owen O Conelly Sir George Lane Sir James Waymes Sir George Ascough Sir Theophilus Jones Sir Walter Plunkett Sir George Preston Sir John Bellew Sir Martin Noel Sir St. John Broderick William Legg Esq Edward Vernon Esq Robert Southwell Esq Captain William Hamilton Maurice Keating Esq Erasmus Smith Esq Susanna Bastwick and her Children Sir William Pettie and all others particularly provided for in the said former Act and not particularly mentioned in this present Act and other special provisions made for them their heirs executors and Assigns do hold and enjoy to them their heirs and Assignes all and singular the lands tenements and hereditaments in and by the said former Act settled granted disposed and confirmed or mentioned meant or intended to be settled granted disposed and confirmed to them their heirs and Assignes and not already decreed away by such decrees as are herein confirmed and all other the benefits and advantages of this present Act and the benefits and advantages in and by the said former Act mentioned in any particular clause or other provisoe relating to them or any of them their heirs or Assignes the benefit of reprizals in the said former Act granted onely excepted any retrenchment or alteration thereof made by the Lord Lieutenant and Council of Ireland or any other matter or thing in this Act to the contrary notwithstanding And it is further Enacted that Sir William Penn shall hold and enjoy to him and his heires all and singular the lands Tenements and hereditaments situate in the County of Cork whereof he the said Sir William Penn by himself or his under tenants was upon the first day of March One thousand six hundred sixty and four in possession as tenant to his Majestie and in case the same shall fall short of the full value of One thousand pound per annum over and above all Quit rents charges and reprizes the Commissioners for Execution of this Act shall cause so much other forfeited land to be sett out and allotted unto the said Sir William Penn his Heirs and Assignes as may make up the same to the full cleer yearly value of One thousand pounds per annum as aforesaid and in case the lands held by the said Sir William Penn his undertenants or Assignes upon the said first day of March One thousand six hundred sixty and four shall exceed the value of One thousand pound per annum over and above all Quit rents charges and reprizes as aforesaid he the said Sir William Penn his Heirs and Assignes shall reconvey unto his Majestie his Heirs and Successors so much thereof as by the Commissioners for the execution of this Act shall be declared or by any Inquisition to be taken within two years after the Royal assent given to this Bill shall be found to be over and above the value of One thousand pounds per annum as aforesaid And it is further Enacted by the Authority aforesaid That the Earl of Clanrickard Earl of Castlehaven Morrough Earl of Inchequin the Earl of Clancarty Lord Vice-Count Dillon Simon Luttrell Dudley Bagnall Esq Henry Bagnall Catherine Corbett Theobald Purcell Esq and such others who are particularly mentioned in the said former Act to be restored to their estates and therein
AN ACT For the Explaining of some DOUBTS Arising upon AN ACT INTITULED An Act for the better execution of His Majesties gracious Declaration for the Settlement of His Kingdom of Ireland and satisfaction of the several interests of Adventurers Souldiers and other his Subjects there AND For making some alterations of and additions unto the said Act for the more speedy and effectual settlement of the said Kingdom C R HONI SOIT QVI MAL V ●●NSE DIEV ET MON DROIT Dublin Printed by John Crook Printer to the Kings Most Excellent Majestie and are to be sold by Samuel Dancer Bookseller in Castlestreet 1665. An o Regni Caroli Secundi Regis Angliae Scotiae Franciae Hiberniae 17 o. At the Parliament begun at Dublin on the eighth day of May Anno Domini 1661. in the 13 th year of the Reign of our Most Gracious Sovereign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the faith c. And there continued by several Prorogations unto the 26 day of October Anno Domini 1665. and in the 17 year of His Majesties Reign WHereas in the carrying on of that service which was appointed by a former Act intituled An Act for the better execution of His Majesties gracious Declaration for the settlement of His Kingdom of Ireland and satisfaction of the several interests of Adventurers Souldiers and other His Subjects there several doubts and difficulties have arisen partly from the uncertain and ambiguous penning of divers Clauses in the said Act and partly from other accidents which could not then be foreseen to the great obstruction and hinderance of the Publique ends and aims intended by that Act to be promoted and the very great disappointment of several persons interests which were thereby intended to be secured Insomuch that the first and final settlement of this Your Majesties Kingdom can hardly be attained by any further proceedings upon the said Act as is already manifest by the experience which hath been had in the execution thereof To the end therefore that Your Majesties most gracious and just intentions by that Act declared may still be pursued as far as remains possible the Revenues of the Church settled and increased Your Majesties dutiful and loyal Subjects quieted and secured in their just possessions and the minds of all men so composed that there may be a general and universal care and industry by building planting and all other ways of improvement to repair amend the ruines and desolations of this Your Majesties Kingdom May it please Your Most Excellent Majestie that it may be Enacted be it Enacted by Your Most Excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That all Honors Mannors Castles Houses Places Lands Tenements and Hereditaments Right Title Service Chiefry Vse Trust Condition Fee Rent-charge Chattels real Mortgage right of Redemption of any Mortgages Recognizances Iudgements Forfeitures Extent right of Action right of Entry Stature or any other Estate of what nature or kinde soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns within this Kingdom which at any time from and after the Three and twentieth day of October One thousand six hundred forty and one were seized or sequestred into the hands or to the use of His late Majestie King Charles the first or of Your Most Gracious Majestie that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the late horrid Rebellion or War which began or broke out in this Kingdom upon the three and twentieth of October One thousand six hundred forty one or which were allotted assigned given granted ordered distributed disposed demised set out or set apart to or for any person or persons use or uses for Adventures Arrears Reprizals or otherwise or whereof His late Majestie or Your Majestie that now is or any Adventurer Souldier Reprizable person or others respectively had and received the rents issues and profits by reason or upon account of the said Rebellion or War or whereof the Adventurers Officers or Souldiers now or formerly of the English Army in this Kingdom or transplanted or transplantable persons or any of them or their or any of their Heir Heirs or Assigns or any other person or persons whatsoever upon account of the said Rebellion or War in this Kingdom were in Seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May One thousand six hundred fifty and nine or which were assigned given granted laid out set apart or reserved for or towards the satisfaction of any the said Adventurers Souldiers or other persons for or in consideration of any money or provisions advanced lent or furnished or for arrears of pay or in compensation of any service or reputed services or other account whatsoever or reserved or mentioned to be reserved for or in order to a reprizal or reprizals for such Incumbrances as then were now are or shall be adjudged due to any person or persons out of the said Lands Tenements or Hereditaments or for any other use intent or purpose whatsoever or whereof any Custodiam Lease for year or years or other Disposition or Grant whatsoever hath been made or unto which Your Royal Father or Your Majestie are any ways intituled by reason of or upon account of the said Rebellion or War or which are wrongfully detained or concealed by any person or persons whatsoever As also all Chantries and all Mannors Lands Tenements Rents Tithes Pensions Portions and other Hereditaments or other things whatsoever belonging to any Ecclesiastical person or persons in his or their Politick capacity and that have formerly by them or any of them been let in Fee-farm the right whereof or title thereunto or interest therein was in any person or persons his or their Heirs or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging to them in their Politick capacity to any person or persons their Executors Admininistrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent persons As also all Impropriations or appropriate Tithes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in the said Act expressed have not been adjudged innocent And also all and singular the Messuages Mannors Lands Tenements and Hereditaments whatsoever whereof John fitz Gerald alias fitz Gerard of Innishmoore commonly called the Knight of Kerry Captain John Magill of the County of Down Geoffry Fanning of Ballingary or any of them or any of their Ancestors whose Heirs they are or any other person or persons in trust for them
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
and thereby are actually restored without any Previous reprizall and their and every of their Executors and Assignes shall stand and continue restored to and vested in such their estates thereby intended and shall have and enjoy the lands Tenements and Hereditaments and all other the benefits and advantages of the said former Act in such manner and form and for such estates and with such privileges immunities and discharges respectively as in and by the said former Act are mentioned and expressed Nevertheless it is hereby declared that this restitution and confirmation is not to extend to any lands Tenements or Hereditaments other than such as did truely and without fraud upon the two and twentieth of October One thousand six hundred forty and one belong to and were enjoyed by the said persons or some of them their or some of their Ancestors or Heirs or were in the possession and seizin of some others in trust for them or some of them or be particularly expressed in the several and respective clauses of the said former Act And to the end it may more cleerly appear how much land the persons aforesaid are truely intitled unto by virtue of this or the said former Act and how farr the persons who are or shall be dispossessed by them or any of them ought to be relieved by virtue of this Act It is further Enacted that all and every the persons aforesaid who claim any benefit by the clauses aforesaid shall make out such their title as to the several parcels of land which they demand before the Commissioners for Execution of this Act within such time as shall be limited by the Commissioners and take out their Decrees for so much as shall be allowed upon their Claims and in default thereof shall forfeit two years value of the lands in their or any of their possessions respectively or in the possession of their tenants or Trustees one Moyety to the Kings Majestie the other to the Informer to be recovered in like manner as other forfeitures are by this Act appointed to be recovered And it is further declared and Enacted That Thomas Pigott Esq and Matthew Lock Esq shall have and enjoy to them and their Heirs two full third parts of the lands in Westmeath settled on them by the said former Act with like libertie of Retrenchment retaining possession and of demanding and having Letters Patents as other Adventurers and Souldiers ought to have and as if the said lands in Westmeath had been in the possession of the said Thomas Pigott and Matthew Lock on the Seaventh of May One thousand six hundred fifty and nine and had been allotted to them as original Adventurers any thing herein before to the contrary notwithstanding And it is hereby declared and further Enacted That if any of the said persons herein before mentioned to be restored and appointed to take out Decrees as aforesaid or any others who by virtue of any Decrees heretofore made by the Commissioners for Execution of the said former Act have been restored shall at any time within two years next ensuing be found by colour of some clause in the said former Act or Decree as aforesaid to have entred upon and kept possession of more land than did rightfully belong unto them and was in their possession on the two and twentieth of October One thousand six hundred forty and one unles the same land were particularly expressed and given in some clause in the said former Act contained that then and in such case the person so offending shall forfeit double the value of the land so fraudulently possessed and detained unless the said offendor shall within three months next after the first sitting of the Commissioners for the Execution of this present Act discover and declare the same to the said Commissioners and openly relinquish and surrender the possession so unduely detained as aforesaid of which forfeiture one third part shall be to our Soveraign Lord the King and the other two thirds to him or them that will sue for the same to be recovered by action of Debt Bill Plaint or information in any of the four Courts of Record at Dublin wherein no essoyne Protection or wager of law shall be or any more than one imparlance And be it further Enacted by the Authority aforesaid That all and every the clauses in the said former Act contained and not herein altered explained or repealed and which will consist with the Execution of this Act shall be and so are hereby declared to remain and be of such like force and effect as the same were before the passing of this Act and that all other the clauses which will not consist with the effectual Execution of this Act shall be and are hereby repealed any thing herein before contained to the contrary notwithstanding And further that all and every the clauses in this or the said former Act contained so farr as the same remain in force shall be construed expounded and taken in all Courts and places whatsoever most liberally and beneficially for the protecting settling and establishing the persons estates and interests of Protestants who are principally intended by these presents to be settled and secured And be it further Enacted by the Authority aforesaid That all Decrees made by the Commissioners for Execution of the said former Act whereby any Protestant or Protestants have been declared innocent shall be and are hereby absolutely confirmed and also that all Decrees whereby any Papist or Papists have been declared innocent and which shall be taken out within three months after the first sitting of the Commissioners for Execution of this present Act shall be and are hereby absolutely confirmed according to the tenor purport and effect of the same any exception touching the time wherein the same Decrees were made and any irregularity or pretended irregularity in not pursuing the Declaration Instructions and the said former Act to the contrary notwithstanding such Decrees wherein any lands are comprehended or which any Protestant or Protestants was or were possessed before the two and twentieth of October One thousand six hundred forty one and which were never seized or sequestred or set apart upon the accompt of the late Rebellion or warr and such Decrees wherein more lands are Decreed to the Claimant than were claimed by him as to those lands so Decreed beyond the claim onely excepted which are hereby declared as for so much to be utterly void so as the same be discovered within six moneths next after the first sitting of the Commissioners subject nevertheless to such penalties as in this and the said former Act are contained touching false and fraudulent Claims so as the same be discovered within two years next ensuing the passing of this present Act. Provided always and be it Enacted That no person or persons who by the Commissioners for execution of the said former Act have been adjudged and declared innocent and to whom any Land Tenements or Hereditaments have been adjudged and restored
of Adventures or Arrears or of purchases made in Connaght or any restitution to any Lands Tenements or Hereditaments the Incumbents of the severall Parochial Churches excepted such Fees and no other as the Lord Lieutenant or other chief Governour and Governours of Ireland and Councill there shall think fit and appoint and that after the same Fees so as aforesaid ascertained like remedy shall be given for the recovery thereof as in and by the said former Act is provided any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That no Lease or Custodiam made or granted by the Kings Majestie unto Edward late Lord Bishop of Limerick now Lord Bishop of Corke Cloyne and Rosse or unto any other person or persons of any Lands Tenements or Hereditaments in the Baronie or Baronies of Conello and Pople-Bryan in the County of Limerick or either of them whereof William Barker Esq by himself his Agents or undertenants was in possession the seventh of May One thousand six hundred fifty nine shall any way prejudice the right Title Interest or Possession of the said William Barker of in or to the same but that it shall and may be lawful to and for the said William Barker his Heirs or Assignes to enter into and take possession of all and singular the said lands and Tenements in the said Baronies or either of them whereof he was so in possession not Decreed away by the Commissioners for Execution of the said former Act and the same to have hold and enjoy to him the said William Barker his Heirs and Assignes and that the said William Barker and his heirs shall have like priviledge and advantage in retaining the possession of the Premisses and in retrenching the third part thereof or placing such deficiencies thereupon as are satisfiable by the Rules of this Act as any Adventurer or Souldier ought to have and that the Commissioners for Execution of this Act shall proceed to give such certificates thereof in order to the passing of Letters Patents as may be necessary for the finall Settlement of him the said William Barker his Heirs and Assignes in lieu and satisfaction of his purchase of Gilbert Marshall in as full and ample manner as he the said William Barker his Heirs or Assignes might have held and enjoyed the same if he the said William Barker had still continued in possession and as if no such Lease or Custodiam had ever been made or granted subject nevertheless to such Quitrents Services and Payments as other Adventurers in the said County of Limerick ought to pay and with like benefits and advantages as other adventurers ought to have by this Act any thing in the said Custodiam or in a certain clause for confirmation of the Patent granted to John Lord Kingston herein mentioned or any other matter or thing in this or the said former Act contained to the contrary notwithstanding And whereas it was provided by the said former Act that every of the Adventurers whose estates were to be confirmed should pay such summ or summs of money as the Committee of Adventurers sitting at Grocers-Hall London or any five or more of them should appoint not exceeding two pence for every twenty shillings adventured towards defraying of such publique charges as would conduce to the Settlement of that interest And whereas the same is to be levyed upon such persons as shall make default by distress and sale of their Goods The generality of such persons making default not liveing in this Kingdom the said provision hath been hitherto rendred very much fruitless Be it therefore Enacted by the Authority aforesaid That for better answering of those ends and raising the said summs the several persons hereafter named viz. Sir Charles Lloyd Baronet Sir Stephen White William Barker Esq _____ Gower Esq _____ Ridge Esq _____ Lenthall Esq _____ Radcliffe Edward Smith Esq or the Major part of them or the Survivors or Survivor of them be and are hereby Authorized to be Treasurers of the said moneyes and shall and may by Order under their hands and Seals levy or cause to be levyed any summ or summs of Money that the said Committee of Adventurers or any seaven or more of them shall think fit and appoint upon all and every the Adventurers for lands in Ireland their lands Tenements and Hereditaments Lessees Tenants or Assignes by distress and Sale of their Goods rendering the overplus to the owners which said Lessees Tenants or Assignes shall be discharged of and may retain so much of their Rents in their hands as the said sum to be levyed shall amount unto such sum or sums of money so to be levyed not exceeding two pence for every twenty shillings originally paid and adventured and that shall be satisfied in lands in this Kingdom Provided alwayes that neither this nor any thing herein contained shall extend to charge any person or persons with any summ or summs of Money that hath been paid to any person or persons upon the account of the two pence in the pound in the said former Act granted but that such person or persons who received the same are to stand and be chargeable with and accountable unto the said Treasurers for all the Money by him or them received and the said Treasurers are to take care to imploy persons of integrity and trust for levying and collecting the said summs under very good security for whom they will answer and not to dispose of any summ or summs without order from the said Committee or any seaven or more of them to whom alone they are hereby made accountable And be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizal restore unto Sir Henry O Neil his Heirs and Assignes all and singular the lands Tenements and Hereditaments in the County of Antrim whereof the said Henry O Neil or any other person in trust for him or to his use were or ought to have been seized or possest upon the two and twentieth day of October One thousand six hundred forty one and that after such restitution in lieu and satisfaction thereof the said Commissioners do likewise with all convenient speed set out and allot or cause to be set out and allotted unto John Lord Vice-count Massareen his Heirs and Assignes so much other forfeited lands as may be of equal value worth and purchase to the lands so as aforesaid to be restored out of the lands in the County of Lowth or if there shall not be found sufficient in that County then out of other lands to be disposed of by this Act and that such further satisfaction be given the said Lord Massareen and his Heirs as is appointed by the said former Act and will stand with the rules of this Act so that the said lands may as neer as may be lye contiguous And that like effectual Letters Patents be
imposed or appointed to be levyed And the said Receivers herein after mentioned are to pay the moneyes by them received from time to time unto Arthur Earl of Anglesey Vice-Treasurer of Ireland or unto the Vice-Treasurer of Ireland for the time being And the said Arthur Earl of Anglesey or the Vice-Treasurer of Ireland for the time being is hereby appointed to issue out and pay all and singular the monies which by virtue of this clause shall be received and paid in or otherwise levyed as aforesaid unto such Irish Papists Popish Recusants and Roman Catholicks as served under His Majesties Ensigns abroad and are particularly mentioned in the late Declaration and were seized of or intitled unto any Lands Tenements or Hereditaments upon the three and twentieth of October One thousand six hundred forty and one to which they are not yet restored and in such parts and proportions as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint And whereas in the said former Act it is provided That the sum sums of money which have been forfeited by any Adventurer or Adventurers by reason he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them according to the tenor of the Acts of Parliament of the seventeenth eighteenth of King Charles the first be are hereby vested and settled in His Majestie His Heirs Successors as in by the said Act more fully appeareth which forfeited subscriptions adventures or sums of money are commonly called by the name of lapsed money And whereas His Majestie for the better increasing of the stock of undisposed forfeited lands and to the end that more of the ancient and former Proprietors may come to be restored is graciously pleased to relinquish his satisfaction of the said lapsed money by or out of any forfeited lands to be therefore set out and to accept of the sum of Thirty thousand pounds sterling to be paid unto His Majestie in lieu and recompence thereof Be it therefore Enacted by the Authority aforesaid That His Majesties right and title in and to any forfeited lands in recompense of and satisfaction for the said lapsed moneys shall be and is hereby released and discharged and further that it shall and may be lawful to and for the Lord Lieutenant and other Chief Governour or Governours of Ireland and Council there for the time being to assess and impose upon all and every the Lands Tenements and Hereditaments which by virtue of this Act shall be restored or confirmed to any former Proprietors of the Popish Religion or granted to any the Roman Catholicks of Ireland such further and other sums as they shall think fit for the raising and levying of Thirty thousand pounds sterling in the most equal and indifferent way that may be to be paid unto the Receiver herein after mentioned by two even und equal payments the first payment thereof to begin upon the first day of May which shall be in the year of our Lord God One thousand six hundred sixty and six and the second day of payment to be upon the first day of November in the year of our Lord One thousand six hundred sixty and six and in case any person or persons lyable to the payment of any part of the said Thirty thousand pounds so as aforesaid to be assessed and imposed shall make default of payment by the space of one and twenty days next after any the days and times wherein the same ought to be paid then the person so making default shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid and the Vice-Treasurer of Ireland for the time being shall issue out and pay or cause to be issued out and paid unto Richard Stratford of London Gentleman his Executors Administrators and Assigns the sum of Three thousand pounds sterling and the residue thereof being Twenty seven thousand pounds and all other the forfeitures and penalties which shall be incurred for non payment of the said Thirty thousand pounds unto such person and persons and to and for such uses as the said lapsed moneys or the lands to be set out in satisfaction of the same were or ought to have been granted in pursuance of His Majesties several and respective Letters under His Royal Signet bearing date upon the tenth or eleventh or the twelfth day of February in the Fourteenth year of His Majesties Reign and in the year of our Lord One thousand six hundred sixty and two or by any other Letters under His Majesties Royal signet or by any Letters Patents to Roger Earl of Orrery or others Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all the customs duties and impositions of what nature or kind soever which are or shall be due for any goods wares or merchandize imported into or exported out of the ports and havens of Strangford and Ardlass or either of them or any the members thereof or Creekes thereunto belonging heretofore the inheritance of Wentworth late Earl of Kildare and by him sold unto His Majestie shall be and are hereby vested in the Kings Majestie and shall be held and enjoyed by His Majestie his Heirs and Successors any defect in the conveyance thereof to his Majestie or other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Capital messuage mills mannors towns and lands of Chappel-Izzard alias Izzod with all the rights members and appurtenances thereof heretofore conveyed or mentioned to be conveyed or contracted for by or in behalf of the Kings Majestie and agreed to be conveyed by Sir Maurice Eustace Knight late Lord Chancellor of Ireland unto the Kings Majestie and for which part of the purchase money hath been paid by the Kings Majestie unto the said Sir Maurice Eustace in his life time shall upon payment of the residue of the purchase money unto the lawfull Executors of him the said Sir Maurice Eustace be and is hereby vested in the Kings Majestie his Heirs and Successors and shall be held and enjoyed by his Majestie his Heirs and Successors against the said Sir Maurice Eustace and his heirs and all and every other person and persons claiming by from or under him them or any of them any defect in the conveyance or assurance of the premisses any thing in the said former Act or this present Act and any other matter or thing whatsoever to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot or cause to be set out and allotted unto Major John Neil so much of the undisposed and forfeited lands in the Barony of Barrymore in the County of Corke as may be sufficient to reprize