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

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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 ●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
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
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
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 ●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
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
Inquisition in the time of his Royal Father for vesting Land in the Province of Connaught or any other matter or thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That Maurice Keating Esq Son and Heir of Edmond Keating of Norraughmore in the County of Kildare Esq shall and may have hold and enjoy to him and his heirs all and every the Manors Towns Villages Lands Tenements and Hereditaments in the Kings County purchased by or in trust for his said Father before the three and twentieth day of October One thousand Six hundred Forty one from John Carrol Esq if the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council thereupon hearing the parties concerned shall think fit to adjudge the same accordingly any thing in this Act or in any other Act contained to the contrary thereof notwithstanding Provided always and be it further Enacted That Theobald Lord Viscount Taaff Earl of Carlingford shall have hold possess and enjoy to him and his Heirs all those the Lands Manors Tenements and Hereditaments in the County of Lowth whereof the said Theobald upon the first day of August in the year One thousand six hundred sixty one was possessed or were set out assigned or granted to the said Theobald by way of Custodium or otherwise in Order to a further Settlement thereof to and on the said Theobald and his heirs for and in lieu of the Estate of Coloony in the County of Sligo and also that the said Theobald shall have and enjoy to him and his heirs the Manors Lands Tenements and Hereditaments whereof Christopher Taaff of Bragganstown and Theophilus Taaff of Cookestown or either of them or any of their Ancestors or any other person or persons to their use or in trust for them or any of them stood seized or possessed upon the two and twentieth day of October One thousand six hundred forty one all and singular which premisses the said Theobald Lord Viscount Taaff Earl of Carlingford shall hold to him and his heirs at and under the same or like Tenures Rents and Services as the Officers and Souldiers by this Act are to hold any thing in this Act contained to the contrary notwithstanding And whereas Your Majesty by your Letters Patents under Your Great Seal of England bearing date the eight day of April in the year of our Lord One thousand six hundred sixty two and in the Fourteenth year of Your Majesties Reign was graciously pleased to grant to Richard Earl of Clanrickard and his Heirs the Honours Castles Lordships Seigniories Abbeys Abbey-lands and Impropriate Tythes Lands Tenements and other Hereditaments to the uses and in such manner as is therein mentioned Provided therefore That this Act or any thing therein contained shall not extend to or be construed to extend to vest in Your Majesty Your Heirs or Successors any Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes or other Lands Tenements or Hereditaments whatsoever which are granted or intended or mentioned to be granted by the said Letters Patents any thing in this Act contained to the contrary notwithstanding And be it Enacted by the Authority aforesaid That all and singular the Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes Lands Tenements and other Hereditaments whatsoever which are granted or intended or mentioned to be granted in or by the said Letters Patents shall be immediately without any previous Reprizal or other Incumbrance whatsoever vested setled and established and are hereby vested setled established in the said Richard Earl of Clanrickard his heirs to and for the uses intents purposes in such manner as is expressed set forth in by the said letters Patents to no other use intent or purpose or in any other manner whatsoever that the said Richard Earl of Clanrickard and his Heirs shall and may have hold occupy and enjoy the same to the Vses Intents and Purposes and by and under the Rents and Services in and by the said Letters Patents mentioned and reserved and by no other Rents or Services any thing in this Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or any cause matter or thing had made transacted or done to the contrary notwithstanding Saving to all manner of persons Bodies Politick and Corporate other then Your Majesty your Heirs and Successors and such as shall or may claim from by or under Your Majesty and other then such whose Estate would have vested or been in Your Majesty by the general scope words or intent of this Act if the above-Proviso were not had made inserted or mentioned in this Act and other then such who had held or were possessed of any of the Lands Tenements or Hereditaments by the said Letters Patents granted by or under any defeazable Right Title or Estate and other then such as shall or may pretend or claim any Right or Title thereunto in prejudice of any the Vses limited in and by the said Letters Patents by descent or by virtue of any Estate or Remainder in Tail from any the late Earls of Clanrickard all and every the Right Title Estate and Interest Nevertheless it is hereby declared and enacted That such persons their Heirs and Assigns to whom any of the lands belonging to the said Earl of Clanrickard have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first lands that shall come unto his Majesty in the Province of Connaught and County of Clare either by restoring of any persons to their Estates who were formerly Transplanted or otherwise any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid that the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being by and with the consent of the Privy-Council shall have full power and Authority to erect another College to be of the Vniversity of Dublin to be called by the Name of The Kings College out of all and every the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by vertue thereof to raise a yearly allowance for ever not exceeding Two thousand Pounds per annum by an equal charge upon every One thousand Acres or lesser quantities proportionably and therewith to endow the said College which said College so as aforesaid to be erected shall be setled regulated and governed by such Laws Statutes Ordinances and Constitutions as his Majesty his Heirs or Successors shall under his or their Great Seal of England or Ireland declare or appoint Provided nevertheless and be it Enacted by the Authority aforesaid That Robert Boyl Esq his Executors Administrators and Assignes shall and may for and during the term of Thirty one years have hold and enjoy all and singular the impropriations
Authority thereof That all Honors Manors 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 Recognizance Iudgements Forfeitures Extent Right of Action Right of Entry Statute or any other Estate of what nature or kind soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom which at any time from and after the said 23. day of October in the year of our Lord 1641. were seized or sequestred into the hands or to the use of his late Majesty King Charles the First or of your most Gracious Majesty that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the said Rebellion or War 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 Majesty or your Majesty that now is or any Adventurer Souldier reprizal person or others respectively had and received the Rent Issue or 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 Assignes or any other person or persons whatsoever upon account of the said Rebellion or War were in seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May 1659 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 Reprisal or Reprisals 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 Majesty that now is are any ways entituled 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 Chanteries and all Manors Lands Tenements Rents Tythes Pensions Portions and other Hereditaments or things whatsoever belonging to them or any of them which were in the seizin possession or occupation and out of which any Rent Duty Tenure or other Service was reserved of any person or persons who by the Qualifications in this Act shall not be adjudged innocent persons as also all Lands Tenements and Hereditaments 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 this Act expressed shall not be adjudged innocent persons as also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging unto them in their politick capacity to any person or persons their Executors Administrators or Assigns who by the Qualifications in this Act expressed shall not be adjudged innocent persons as also all Impropriations or appropriate Tythes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in this present Act expressed shall not be adjudged innocent are and shall be and are hereby declared deemed and adjudged as from the said 23. day of October 1641. forfeited and to have been forfeited to your Majesty your Heirs and Successors and they hereby are from the said 23. day of October 1641. vested and settled in the real and actual possession and seizin of your Majesty your Heirs and Successors without any Office or Inquisition thereof found or hereafter to be found notwithstanding that the persons who were the former Proprietors or reputed Proprietors of the said Estates or any of them are not hereby or have not been heretofore attainted for and by reason of the said most hainous and unnatural Rebellion and War Provided That this Act shall not extend to the avoiding of any Contract Conveyance Assurance or disposition of for or concerning any of the said forfeited Lands Tenements or Hereditaments made since the 23. day of October 1641. by any Protestant Adventurer or Souldier or other person of or from such persons whose Estates if they had not so as aforesaid disposed them would have been confirmed unto them by the Rules in this Act herein after limited or appointed nor to the avoiding of any Contract for Lands in Connaught or Clare set out by virtue of Decrees made by Protestants or others that purchased any Lands Tenements or Hereditaments from persons transplanted into the Province of Connaught or County of Clare or their Assignes nor to intitle your Majesty to the mean Profits of any of the said forfetied Castles Manors Lands Tenements or Hereditaments since the 23. of Oct. 1641. allotted assigned enjoyed or set out to any Adventurer for adventures or to Souldiers for arrears to persons transplanted into the Province of Connaught or County of Clare or their Assignes or let by the late Vsurpers for yearly Rents or granted by the late usurped powers confirmed by your Majesties said Declaration of the 30. of November 1660. and by this present Act other than such of the Rents reserved on the premisses as were not paid to the late Vsurpers or to your Majesty since your Majesties happy restauration but are yet in arrear and unpaid and other than forfeited Lands Tenements or Hereditaments concealed Provided also That this Act or any thing therein contained shall not be deemed construed or taken to forfeit or vest in your Majesty your Heirs and Successors any Honors Manors Castles Houses Places Lands Tenements and Hereditaments or Chattels real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom on the 23. day of October 1641. belonging in Possession Reversion or Remainder unto the Vniversity of Dublin or to any Archbishop Bishop Dean Prebend Dean and Chapter or other Ecclesiastical person or persons in his or their politick capacity or to any other College Hospital Church Collegiate or Parochial or to the Church-wardens and Parishioners of any Parish-Church for the use of the said Church or to any Guild Corporation or Fraternity Ecclesiastical or Lay or to any Parson Rector or Vicar of any Parish-Church or to the most
Reverend Father in God John Lord Arch-Bishop of Armagh Primate and Metropolitan of all Ireland or to James Duke of Ormond or the Lady Elizabeth Dutchess of Ormond his Wife or to any of their Children or to James late Earl of Roscomon William Earl of Strafford Murrough Earl of Inchiquin Sir George Hamilton Sir Richard Lane Sir George Lane Sir James Montgomery or his Heirs or Thomas Radcliffe Esquire Provided likewise that this Act or any thing therein contained shall not vest nor be understood or construed to vest in your Majesty your Heirs or Successors or otherwise be prejudicial unto or take away any Estate Right Title Interest Service Cheifry Vse Trust Condition Fee Rent-Charge Chattel Real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever from any Protestant or Protestants their Heirs Executors Administrators or Assigns who did not joyn with the said Rebels before the 15th day of September 1643. whereof upon the said 22. day of October 1641. they were respectively seized or possessed or otherwise interested or Entituled or wherein they had any other Estate Vse Possession Trust Reversion or Remainder other then such Estate Interest whereof they or any of them stood seized or possessed for the use of or in trust for any of the Rebels aforesaid nor unto any Iudgement or Decree which hath been obtained by any such Protestant or Protestants in the late Courts or Pretended Courts for Abjudication of Claims or in the Court of Exchequer or any other of the four Courts sitting at Dublin or for which any Iudgement or Decree is or shall be confirmed had or made by the Commissioners heretofore appointed by His Majesty for the execution of His late Gracious Declaration and Instructions herein after recited or at any time hereafter to be appointed by His Majesty for the executing of the said Declaration and Instructions and this present Act who are hereby enabled and Authorized to receive hear and determine the same Nor to the vesting any of the Lands Tenements Hereditaments or Chattels real Right Title Service Cheifry Vse Trust Condition Fee Rent-Charge Chattel real Mortgage right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever or any innocent Papist or their innocent Heirs Executors Administrators or Assigns And be it further Enacted by the Authority aforesaid That all and every such Person or Persons his and their Executors Administrators and Assigns to whom any Lands Tenements or Hereditaments belonging unto such Protestant or innocent Papist have been assigned or distributed set out or enjoyed shall forthwith and before any other Reprizals whatsoever to be set out be reprized any thing in this Act to the contrary notwithstanding Provided also That no Person or Persons their Heirs Executors or Administrators who enjoyed all or any of the said Lands Tenements or Hereditaments which by this present Act are vested or setled in your Majesty your Heirs or Successors shall be accountable for any the Rents Issues or Profits of the same from the said 23. Day of October 1641. until the time of the passing of this present Act other then such Rents Issues and Profits as by new Contracts stand charged in His Majesties Court of Exchequer since the year 1650. or the profits of concealed Lands enjoyed without Title allowed and confirmed by this present Act. And whereas Your Sacred Majesty hath by your said Gracious Declaration Instructions declared your Royal pleasure and Intentions how the said Honors Manors Castles Houses Lands Tenements and Hereditaments and all other the Estates and Interests hereby forfeited unto and vested in Your Majesty your Heirs and Successors should be disposed of and also by Commission under your Great Seal of this Your Kingdome bearing date the 30th Day of April in the 13th year of your Majesties Reign appointed certain Commissioners for putting in execution all the matters and things in the said Declaration and Instructions contained Be it Enacted by the Authority aforesaid That all the said Honors Manors Lands Castles Houses Tenements Hereditaments and all other the Estates and Interests hereby vested and setled in Your Majesty your Heirs and Successors except before excepted or provided for as aforesaid shall be and remain in your Sacred Majesty your Heirs and Successors to the intent to be setled confirmed restored or disposed to and for such use and uses and in such manner as in and by the said Declaration and Instructions hereafter following and by this present Act and the true intent and meaning thereof is declared limited meant intended or appointed His Majesties GRACIOUS DECLARATION FOR The Settlement of His Kingdome of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other His Subjects there CHarles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Our loving Subjects of Our Kingdome of Ireland of what degree or quality soever Greeting It having pleased Almighty God out of his great mercy and compassion towards Vs and all Our Subjects to restore Vs in so wonderful a manner to each other and with so wonderful circumstances of affection and confidence in each other as must for ever fill Our Hearts if We are in any degree sensible of such Blessings with an humble and grateful acknowledgement of the Obligation We owe to His Divine Providence That he would vouchsafe to work that miracle for Vs himself which no endeavours of Our own could bring to pass We think it agreable to the just sense We have and ought to have of the good affection of all Our good Subjects who have contributed so much in bringing this unspeakable Blessing upon Vs themselves that We acknowledge that our good Subjects in Our Kingdome of Ireland have born a very good part in procuring this happiness that they were early in their dutiful Addresses to Vs and made the same professions of a resolution to return to their Duty and Obedience to Vs during the time of Our being beyond the Seas which they have since so eminently made good and put in practise However it was not easy for us to make any publick Declaration with reference to that Our Kingdome there being many difficulties in the providing for and complying with the several Interests and Pretences there which We were bound in Honour and Iustice in some degree to take care of and which were different from the difficulties We were to contend with in this Kingdome We well knew the Acts of Parliament which had formerly past for the security of the Adventurers in that Kingdom had heard of the proceedings which had been thereupon by which very many Officers Souldiers and others as well of this as that Our Kingdome were in possession of a great part of the Lands of that Our Kingdom and
be equally divided amongst all and every the said Commissioned Officers who have any Arrears due for Services in Ireland before One thousand Six hundred Forty nine All which Rents above said and profits shall be paid in such way and manner as shall be by Vs appointed And also the said Houses Lands and Tenements distributed and set out in such way and manner as we shall appoint for the ends and uses aforesaid the said Years Rent to be paid in the space of Two Years by even and equal proportions half yearly And the said Year and a halfs Rent in three years by even and equal portions half yearly For which Service as also for stating the Arrears of the Commissioned Officers aforesaid not yet stated fit persons shall be speedily by Vs Authorized All which said Arrears so to be stated shall be stated before the Twenty nineth day of September One thousand Six hundred Sixty one And the several particulars for the above security for Officers serving before One thousand Six hundred Forty nine shall be immediately put out of Charge in Our Court of Exchequer Whereof Our Chief Baron and other Our Ministers of the said Court are hereby required to take notice and put the same in execution accordingly And the said Securities are hereby committed and intrusted into the hands of such persons for the uses aforesaid As the Duke of Albermarle General of all Our Armies and the Lord Marquess of Ormond Lord Steward of Our Houshold by Vs hereby thereunto Authorized shal appoint to be by them Let and set for the best advantage and to the ends aforesaid And they are also to Assign sit and convenient Salaries for such persons as shall be imployed therein The said Salaries to be assigned unto them out of the Profits of the said Securities That such Protestants whose Estates have been given out for satisfaction of Adventurers or Souldiers or otherwise disposed of to any other persons shall be forthwith restored to their former Estates and a Reprizal of equal Value Worth and Purchase forthwith Assigned to such Adventurers or Souldiers as shall be removed out of their said Estates Provided no person or persons shall have the benefit hereof who were in the Rebellion before the Fifteenth of September One thousand Six hundred Forty and three and have taken out Decrees for Lands in the Province of Connaught or County of Clare in recompence of their former Estates And that such Adventurer Souldier or other persons who have been or shall be removed from the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold for what he possest therefore for Adventure or Arrears shall be Reprized in the County of Catherlaugh for the same every person so to be removed shall not be accomptable for the Profits he received whilest he or they enjoyed such Estates Provided alwayes That this Our Declaration or any thing or matter therein contained shall not extend to any Lands Tenements or Hereditaments which James Lord Marquess of Ormond Lord Steward of Our Houshold or any of his Ancestors Barons of Arckloe Viscounts of Thurles or Earles of Ormond or Ossory did at any time heretofore Mortgage Grant or Demise unto any person or persons in Fee Fee-Farm Fee-Tail for Life or for Years or for any other Estate or Interest nor to any Lands Tenements or Hereditaments held of the said James Lord Marquess of Ormond mediately or immediately as of any of his Manors whereby the Forfeited or Forfeitable Interest of any person or persons in such Lands Tenements or Hereditaments as aforesaid may be setled in any Adventurer Souldier or any person whatsoever other than the said James Marquess of Ormond and his Heirs Provided that this shall not extend to any of the Lands held of James Marquess of Ormond or the Lady Marchioness his Wife as of any their Manors but that all such Lands shall be held of the said James and the Lady Marchioness and their Heirs by the same Tenure and at the same Rents and Services as heretofore any thing in this Our Declaration to the contrary contained notwithstanding And whereas the Earl of Inchequin hath been dispossessed of his Estate for his eminent Service and adhering unto Vs and is now by Act of Parliament ordered to be restored to his said Estate We are graciously pleased hereby further to Declare That he be accordingly restored to his said Estate and that such who shall thereby ●e removed and are justly capable of reprize that they shall be reprized as others in l●ke cases are to be reprised And whereas we understand that by the ●●te usurped Powers during the Distempers of these Ti●●● several Irish Proprietors of the Popish Religion have been dispossessed of their Estates meerly for being Papists and have shed out Decrees and are possessed of Lands in the Province of Connaught and County of Clare in compensation of their former Estates which being an Act of their own We might without any injustice deny to relieve them in yet so willing We are that any Interest intituling in self to Equitable mercy m●ght not be disappointed that We declare That all innocent Papists being such as shall prove themselves to have been Faithful and Loyal unto and never acted against Our Royal Father or Our Self since the two and twentieth day of October One thousand six hundred forty one though they have sued out Decrees and are possessed of Lands in the Province of Connaught or County of Clare in lieu of their former Estates shall notwithstanding be restored to their said Estates by the second of May One thousand six hundred Sixty one Provided that the said Lands in Connaught and Clare so allotted to the said Papists be restored unto Vs to Reprise others or for satisfaction of such Irish Proprietors thereof so far as this Declaration excludes them not or if the said Lands in Connaught and Clare or any part thereof have been sold by any such Papist that the said Papist out of his Estate to which he is to be restored shall pay the Purchase-Money to the said Purchaser his Heirs or Assigns and whosoever either by Reprize or Restauration shall enjoy the said Lands shall make satisfaction to the said Purchaser for all necessary Reparations and Improvements upon the said Lands before he be admitted to the possession of them Provided also That whatsoever Adventurer or Souldier that shall be removed from his present possession to make room for any such Papist shall forthwith have a Reprize of equal value worth and purchase in other Forfeited Lands Provided alwayes That whereas the Corporations of Ireland are now planted with English who have considerably improved at their own Charges and brought Trade and Manufacture into that Our Kingdom and by their Settlment there do not a little contribute to the Peace and Settlement of that Country the disturbing or removal of which English would in many respects be very prejudicial That all such of the Popish Religion of any Corporations in Ireland
who have been for Publick security dispossessed of their Estates within any Corporation shall be forthwith Reprized in Forfeited Lands Tenements and Hereditaments neer the said Corporations to the full Value Worth and Purchase of such Estate as he was dispossest of within such Corporation And that particularly the Popish Inhabitants of Cork Youghall and Kingsale shall have undisposed Forfeited Lands set out to them in the Baronies of Barrimore and Muskerry in the County of Cork according to their respective Decrees past in that behalf Provided that in the case of innocent Papists within the said respective Corporations that were dispossessed as aforesaid it shall remain in His Majesties Power to grant restitution in like manner as is provided in the case of other innocent Papists We are also graciously pleased that the Lands and Houses set out to any person or persons for satisfaction of any Money lent or publick Debts incurred for Provisions Armes or Ammunition furnished for support of Our Army in Ireland in the beginning of the Rebellion shall be and remain disposeable for the satisfaction of such of the said Debts and Debentures for such Debts as upon examination of the respective Cases shall appear most deserving consideration and satisfaction in such proportions as shall be thought most equal and just We are likewise graciously pleased to declare That the Lands set out to George Duke of Albermarle Captain General of Our Armies of England Scotland and Ireland for his Arrears and Service in Ireland as also the Lands being for Arrears purchased by him and whereof he is now possessed and the Lands setled upon Roger Earl of Orrery Charles Earl of Mountrath Richard Lord Baron of Caloony Chidley Coote and Thomas Coote Esquires the Relict and Heirs of Sir Simon Harcourt Sir William Penn and the Relict and Children of Col. George Cook Sir Theophilus Jones Sir George Ayscough and the Orphans of Colonel Owen O Connelly for their Service and Sufferings in the War of Ireland As also the Lands set out to Richard Urial and Thomas Crostthwart of One hundred Pounds per annum As also all such Lands Tenements and Hereditaments as Arthur Lord Viscount of Valentia hath purchased from any persons in actual possession thereof by virtue of any Grant Order or disposition of the late Vsurped Powers or any of them shall be setled and confirmed unto them their Heirs and Assigns respectively And also that Lands be set out to Major George Rawdoh in satisfaction of Debentures due to him for Arrears and Provisions furnished for Ireland Provided alwayes and We do hereby declare that it is not Our intention thereby to weaken or avoid the Iust and Legal Citie of any Person that is restoreable by this Our Declaration But that if any of the said Estates shall be accordingly restored to the former Proprietor that then a Reprize of equal Value Worth and Purchase shall forthwith be assigned in lieu thereof And as We cannot but with extraordinary sadness of heart remember and even at present behold the desolate and distracted condition that Our Kingdome of Ireland hath been and is reduced unto by the unnatural Insurrection begun in the Year One thousand Six hundred Forty one and consequently abhor and detest the Contrivers and obstinate Promoters of the same against Vs Our Crown and Dignity So We cannot upon the considerations formerly exprest in this Our Declaration deny all Iust and Reasonable Provision that may stand with the present Iuncture of Our Affairs unto such of the Irish Nation who not onely gave early Evidences of their Repentance for their Crimes but also persevered in their Loyalty to Vs and Our Commands And that as near as We can Our Iustice and Our Mercy in accommodating this Interest might not justle each other We are in a different manner to consider of such of them as are justly Entituled to the Benefit of those Articles of Peace formerly mentioned and such who did not submit unto the same or after a submission made a departue from the same which two latter sorts have justly forfeited that Favour which otherwise they might have received We are also further to consider of those who embraced the said Articles and submitted to the said Peace without any Apostacy in a different notion as of those who remained in that Our Kingdome who sued out Decrees and received Lands in satisfaction of their ancient Estates and those who being Transported into Forreign parts through many difficulties Vnited Rendevouzed and served under Our Obedience So that upon these considerations We think fit and declare and accordingly do declare That as to those who imbraced the said Articles and submitted to the said Peace and constantly adhered thereunto and remaining at home sued out Decrees and obtained possession of Lands in the Province of Connaught or County of Clare that they are to stand bound by them and not to be relieved against their own Act who contented themselves to enjoy a part of satisfaction for their own rather than to attend our Restitution or submit themselves to Our Command in Forreign parts as others did And yet if the conditions of those seem hard they can no more reasonably expect that We should further relieve them than Our friends in England and Ireland can expect that we should pay back to them all the Moneys they were compelled in the evil Times to pay for their Compositions which they would have avoided had it been in their power And in case any justly Entituled to the said Peace have obtained Decrees for Lands in the Province of Connaught or County of Clare in lieu of their former Estate● and have not been possest of lands according to such their respective Decrees We further declare That if by the First day of November One thousand Six hundred Sixty one they shall not be possest of such Decreed lands they shall immediately after the said day he otherwise satisfied for the same And as to those who continued with Vs or served faithfully under Our Ensignes beyond the Seas We think fit and accordingly declare That they shall be restored to their former Estates if they by themselves or Agents Authorised by them have not prosecuted and obtained Decrees and lands in the Province of Connaught or County of Clare in compensation of their former Estates a Reprize being first assigned and legally set out of the remaining Forfeited lands undisposed of to such Adventurer or Souldier or other person before named of equal Value Worth and Purchase to the Estate out of which such Adventurer or Souldier or other person aforesaid shall be so removed Yet so that if any Charge Debt or other legal incumbrance have been due upon or out of any such lands so to be restored which by law or good Conscience ought to be discharged by the party so to be restored And that the said Charges Debts or Incumbrances have been discharged or satisfied by the party his Heirs or Assigns from whom such lands are now to be Reprized
derived their Titles to their Estates from any who dyed guilty of any the aforementioned Crimes nor such as pleaded the Articles of Peace for their Estates nor such as being in the Quarters which were under the authority of Our Royal Father or Our Self held correspondency with or gave Intelligence to such as were then in opposition against Our said Royal Father or Our Self in Ireland nor such as before any of the Peaces in One thousand Six hundred Forty and six or One thousand Six hundred Forty and Eight sate in any of the Confederate Roman-Catholick Assemblies or Councils or acted upon any Commissions or Powers derived from them or any of them nor such as impowered Agents or Commissioners to treat with any Forreign Papal power beyond Seas for bringing into Ireland Forreign Forces or were persons which acted in such Negotiations nor such persons as have been Wood-kernes or Tories before the Marquess of Clanrickards leaving the Government of that Kingdome You are to take care that the Adventurers and Souldiers in the Possessions of the Estates of any innocent Protestant or Papist restored to his said Estate by Our said Declaration be forthwith Reprized as in Our said Declaration is directed therein observing the signification of Our pleasure in Our said Declaration for the Reprizing such as shall be removed from the Estates of innocent Protestants or Papists at the time they shall be so removed In the next place you are to take care That the Adventurers Souldiers or other persons possessed of any of the Estate or Estates of such persons to whom we have by Our said Declaration assigned a particular favour and are in a distinct Branch thereof by name expressed be Reprized as in Our said Declaration is directed and the said persons restored to their former Estates from the time that such Adventurers or Souldiers shall be so Reprized observing alwayes the further cautions and provisions in Our said Declaration expressed referring to the said persons restauration If any who by Our said Declaration are to be restored to their former Estates have or shall without Order molest disturb or unquiet any of the Adventurers Souldiers or other persons in the possession of their respective Estates or for the mean profits thereof contrary to what is directed and provided for in Our said Declaration such person or persons untill they shall surcease such disturbance or having taken possession shall redeliver the same to the person so dispossessed and account and satisfie unto him the Damages sustained thereby shall have no benefit of the Grace and Favour held forth by Our said Declaration to him or them respectively And in case any person or persons that hath so disturbed or dispossessed any Adventurer or Souldier or their Assigns of any Houses Lands or Tenements formerly Assigned for Adventurers or Arrears and by such Adventurers or Souldiers quietly enjoyed shall not as aforesaid quietly resign the possession of such Lands to such Adventurers or Souldiers or their Assigns That you do then forthwith give Order to Our respective Sheriffs to put such Adventurers Souldiers or their Assigns into quiet possession of such Estates which Orders of yours Our said respective Sheriffs are hereby required strictly to observe accordingly Provided nevertheless That where such person or persons so dispossessed and to be restored to his or their former estates by the next preceding instruction shall be contented to submit to a reprize that in such cases you are forthwith to set out lands in some convenient place for the Reprizing him or them accordingly You are to take care that all that by Our said Declaration are to be restored to their former Estates do before such restauration to their said Estates under their Hands and Seals exhibit unto you the ground upon which he or they claim the benefit of Our said Declaration and a particular of their respective Estates in which you are to take care that they claim no other Lands than what did rightfully belong to them and was in their Real possession the Two and Twentieth day of October One thousand Six hundred Forty and one And if any one so to be restored shall make a claim that he or they are not Entituled unto or make and deliver unto you a false particular of his said Estate and therein include other Lands than what he or they so Entituled unto and possessed of as aforesaid or having to any Irish Papist or person excepted from confirmation of his Estate in Our said Declaration Morgaged or otherwise incumbred his or their said Estates either before the said Two and twentieth of October One thousand Six hundred Forty and one or since that day or have sold the same to any such Irish Papist or excepted person and shall not particularly express the same in the said particular so to be delivered in all such cases such person or persons offending herein for such offence shall forfeit the full value of the Land so endeavoured to be gained out of any other Lands to be restored to him by vertue of Our said Declaration You are forthwith to Reprize such Adventurers Souldiers and other persons who are now in the possession of the Estate of the Earl of Clancarty As also to satisfie Erasmus Smith Esq his deficiency as an Adventurer in some convenient Forfeited Lands in the County of Lowth that he may be better inabled and incouraged to answer those publick pious Vses in incorporating Five Free-Schools within that Our Kingdome for which he hath petitioned for Our License and to Reprize him the said Erasmus Smith such Lands now or lately in his possession that are restored or restorable to the former Proprietors And to accept from Peter Wallis Esq a surrender of the great Island near Ross in the County of Wexford and Reprise him the same in the County of Cork on the Lands now in the said Peter Wallis his possession not exceeding the yearly value of what the said Island may be set for And to the end you may the more readily proceed in Reprizing such as in Our said Declaration are to be Reprized being to be removed from off the Estate of any person or persons to be restored to their former Estates you are forthwith to make up Books of all the Forfeited undisposed Lands in Ireland and not before Assigned for satisfaction of the deficient Adventurers or Reprizing the Adventurers and Souldiers the Incumbrances on their Estates in which you are carefully to set down all the Forfeited Lands in the County of Catherlagh by themselves and all the Forfeited Lands in the Baronies of Barrimore and Muskry by themselves the one being apppinted for the Reprizal of such as are removed from ost the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold and the other to satisfie Decrees of the innocent Papists inhabitants of Cork Youghal and Kingsale In the doing whereof you are to appoint what quarter or point of the said County of Catherlagh and the said Baronies of Barrimore
and Muskry to begin withal and accordingly to make up the said Book or Catalogue of the said Lands by way of contiguity with as much indifferency and impartiality as may be And to the end the said Adventurers and Souldiers so to be removed may be reprised with all indifferency as in Our said Declaration is directed Where We appoint not a particular Reprize You shall forthwith nominate and appoint fit and indifferent persons in each Corporation County and Place in Ireland where any of the said Estates are to examine upon Oath and by all other good Wayes and Means the value of such Estates and the Improvements made thereon and to return a Certificate thereof under their hands and seals to you accordingly in due form therein distinguishing the Value of such Estate from the Improvements made thereon by the said persons to be removed The same to be returned unto You by a short time to be by You limited upon return whereof you are by like Wayes and Means to inquire of the Value of some other Forfeited Lands not already disposed of and forthwith assigne the same to such Adventurers Souldiers or other persons so to be removed as in Our said Declaration is expressed taking care to reserve the Forfeited lands in the County of Dublin till all other Forfeited Lands be disposed of unless we shall otherwise direct to the end such of the Inhabitants of any Corporation as have been removed for security may be Reprized as far as Our Declaration provides for his or their Estates in such Corporation in some convenient place near such Corporations You are to take care that the undisposed Forfeited Lands near such Corporations be preserved to reprize such Inhabitants except the Lands near Cork Youghal and Kinsale for which Lands are assigned as aforesaid You are to prepare an exact List of the respective Adventurers Souldiers and others removed from off the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold by themselves And another of such of the Inhabitants of the said Town of Cork Youghal and Kinsale whose Decrees for Lands are by Our said Declaration to be satisfied and to appoint how the said Adventurers Souldiers or other persons and Inhabitants aforesaid shall be reprized respectively and accordingly so much of the Lands in the said County of Catherlagh as will suffice shall be set out to the said Adventurers and souldiers removed from off the Lord Marquess of Ormonds Estate as aforesaid and so much in like manner of the said Baronies of Barrimore and Muskry as will suffice set out to the Inhabitants aforesaid Whereas We have been graciously pleased to make provision for the Satisfaction of the Personal Arrears of such Protestant Officers who served in Our Kingdom of Ireland at any time from the three and twentieth of October One thousand six hundred forty one as by the partiality of the Times have received no satisfaction for their Service before the Fifth of June One thousand Six Hundred Forty Nine and for the stating the Arrears of such of them as have not had their Arrears stated as in Our Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty is provided for You or any five or more of you as aforesaid are therefore to observe and follow therein these Instructions following Viz. You shall state the Accompts or Arrears of such Commissioned Officers or their Assigns as are not stated for their own Personal Service in Ireland During the time of their Service every such Commissioned Officer whose Accompts You shall so state shall evidence his being an Officer and his Quality either by his Commission or Commissions or by Muster-Rolls or by the Certificates of two or more Commissioned Officers whereof one to be a Field-Officer such Certificate to be under the Hands and Seals of such Officers Every such Officer whose Accompts You shall state shall exhibit unto You under his own Hand and Seal the State of his own Accompt therein expressing the time of his Service the money or pay received the Regiment Troop Company or Garison or Service in which he served and what he demands as due to him for his said Service If any Officer shall knowingly produce a false or counterfeit Certificate thereby attempting to mis-guide You in the stating his Arrears such person producing such false Certificate and also the person giving the same shall forfeit their respective Arrears and all Lands Tenements and Hereditaments to be set out to such Officer for his Arrears You shall allow the Accompts of such Officers but according to their Commissions and Establishment of Pay allowed by Our Royal Father or by both Houses of the Parliament at Westminster begun in the Sixteenth year of Our late Royal Fathers Reign For which Accompts or Arrears so stated You are to give unto every such Officer or his Assigns one or more Debentures under Your Hands and Seals for the respective sums that shall be due to him or them to be satisfied out of the Securities appointed by Our said Declaration for such Officers aforesaid that served in Ireland within the time aforesaid If any Obstruction or Difficulty shall happen in stating the Accompts of the said Officers not hereby provided against You are from time to time in all such cases to certifie the same to our Chief Governour or Governours for the time being and our Privy Council in Ireland who are hereby authorized to set down and in Writing give unto you such further Rules and Directions therein as to them shall seem meet the which you are hereby required to observe In order to the ascertaining the Rents as well payable by the Adventurers as by the Officers and Souldiers now or late of the Army in Ireland toward the present satisfaction of Arrears and other Vses in Our said Declaration expressed You shall nominate and appoint fit persons to be imployed in the respective Counties Baronies Cities and places in Ireland where any Houses Lands Tenements or Hereditaments are already disposed of either to Adventurers or Souldiers or other persons with fitting instructions unto them to prepare a particular and distinct Rent-Roll of what the same did yield above all Reprizes for the year One thousand six hundred Fifty nine the which within a certain time to be limited and appointed are to be returned unto you And if any mistake shall happen to be in the said Rent-Roll so returned you are to amend the same in such way and manner as shall be just therein distinguishing the Houses Lands Tenements and Hereditaments set out to the Adventurers from those set out to Souldiers and those of the Souldiers now of Our Army in Ireland or disbanded in the year One thousand Six hundred Fifty three from those Souldiers formerly of the Army in Ireland who received satisfaction for their Arrears in the years One thousand Six hundred Fifty five One thousand Six hundred Fifty six One thousand six hundred and Fifty seven which Rent-Rolls are fairly
such as hereby are to receive twelve Shillings and six pence in the pound as also the arrears due before One Thousand Six Hundred Forty Nine of such who have received satisfaction for their arrears due since One Thousand Six Hundred Forty Nine and this to be done without any Priority or Distinction in an equal proportion after that you have first made up the Deficiency of those who have been satisfied in part since One Thousand Six Hundred Forty Nine but have not yet Lands set out to them to the full of that proportion which they were to have had at the time when the rest of the Lands were set out unto them and others as aforesaid We having by Our said Declaration assigned the Forfeited Houses Lands Tenements and Hereditaments not already disposed of within any Corporation in Ireland or in the Counties of Wicklow Longford Leitrim and Donegal and within a mile of the River Shannon commonly called or known by the name of Mile-Line for satisfaction of such Officers who served Our Royal Father or Our Self in Ireland before the Fifth of June One Thousand Six Hundred Forty Nine as in Our Declaration is directed In Order thereunto Our Court of Exchequer in Ireland is hereby authorized and required to put the premisses out of Charge from the Three and Twentieth of October last past without Fee or other Charge for the same And towards the carrying on the work hereby appointed and all the contingent Charges thereof the moneys received by Major William Cadowgan and others for the Rents of the Counties of Wicklow Leitrim Longford and Donegal and for the Lands in Connaught and Clare commonly known or called by the name of Mile-Line for several years last past shall be paid into the Hands of such persons as we shall as aforesaid appoint to receive the moneys payable by the Adventurers or Souldiers and the accompts thereof forthwith delivered unto you The which accompts you are hereby required to Audit and Examine All the Rents and Profits of the Houses Lands Tenements and Hereditaments by Our said Declaration appointed for Satisfaction of the said Officers before the Fifth of June One Thousand Six Hundred Forty Nine until the same be sold as is before directed shall be paid into the Hands of such persons as we shall appoint as aforesaid to collect and receive the same for the Ends and Vses above mentioned as also towards the Satisfaction of such persons as are to receive Satisfaction for their Improvements in building or repairing Houses planting Orchards or Gardens All which said moneys shall be paid by Warrant from You or any five or more of you aforesaid directed to Our said Vice-Treasurer for the Ends and Vses aforesaid Whereas several Lands have been set out for satisfaction of Money lent or publick Debts incurred for Provisions Arms and Ammunition furnished before the year One thousand Six hundred Forty four the which Lands so set out We have by Our said Declaration reserved for that purpose and to the end the persons to whom the said Lands are so set out may receive satisfaction for their said Moneys and Provisions according to the Tenor of Our said Declaration you are to compute the Money that ought to have been paid for the said Provision Arms and Ammunition together with the Interest for the same unto the time the said Lands were set out after the rate of 6. pounds per centum per annum You shall inquire of the Value of the said Lands what improvements there are made since they were set out what worth to be sold when set out at the rate of Ten years purchase and who now in possession and under what Title You shall assign so much of the said Lands so set out as according to Ten years purchase the aforesaid Money for the said provision c. with the Interest thereof as aforesaid will amount unto first deducting the Improvements made on the premisses since they were set out as aforesaid And whereas James Duke of Ormond Lord Steward of Our Household together with Sir Philip Percivall and Sir George Lane Knights and also others at the instance and request of the said Duke of Ormond became bound for certain Moneys lent and publick Debts incurred for Provision Arms and Amunition and furnished and delivered in Provisions and other Necessaries in Order to the carrying on of the War in that Our Kingdom whereby they have made themselves their Heirs Executors and Administrators lyable to Suit Hazard and Loss if not provided for and satisfaction set out for the same which in all equity ought to be done you are therefore required forthwith to set out Forfeited Lands in the Counties of Kildare and Dublin or one of them for satisfaction of the said Debts Provisions and other necessaries according to the last fore-going Rules and that in the mean time neither the said Duke of Ormond nor any other bound for the said Debts at his instance and request their Heirs Executors or Admistrators be sued molested or troubled for or concerning the same And if any of the said Lands already set or which shall be set out be restored to former Proprietors you are forthwith to assign other Lands of equal Value Worth and Purchase in lieu thereof You are likewise after the same rate of Ten years purchase to assign set out some convenient Forfeited lands unto Major George Rayden in satisfaction of Debentures for Arrears and Moneys paid by him for Provisions furnished as aforesaid and for which no satisfaction as yet hath been assigned as also to Doctor William Petty for his deficient Debentures according to the direction of Our Letter of the Second of January One thousand Six hundred and sixty Whereas there is a Rent payable to Vs out of every Acre of Land assigned or to be assigned to any Adventurer Souldier or other person as by Our Declaration appears in order to the ascertaining thereof you are to observe these following directions viz. Where there is no certain Record of the Lands assigned or set out to the Souldiers or other persons so that the Rent payable to Vs cannot be ascertained in all such cases you are to cause Proclamation to be made and Certificates to be returned of all such respective Possessions Debentures and Debts for which the said Lands were set out to them in way and manner as by Our aforesaid Instructions is directed with respect unto the Method to be observed concerning the Lands assigned unto the Adventurers wherein you are expresly to distinguish betwixt what Lands are set out for satisfaction of Arrears grown due in England from what is set out for satisfaction of Arrears grown due in Ireland you are out of the said Certificates and out of the Surveys and Books of Debentures or Books of Distributions or Subdivisions of Lands to any Office or place in Ireland forthwith to cause fair Books to be made up of all the Houses Lands Tenements and Hereditaments set out to the Adventurers Souldiers and
is hereby further Enacted and Declared That it shall and may be lawful to and for all and every the Adventurers upon the said Ordinances their Heirs and Assignes to receive so much of the Over-plus of those Lands which have been allotted to them in Satisfaction of their said Adventures and shall be sufficient to satisfie and make good any Deficiencies of other Adventures any Right of Recompence or Satisfaction for Incumbrances intended to be satisfied out of the County of Kildare or any Arrears of pay before the year One Thousand Six Hundred Forty Nine due by Debentures for the aforesaid British Army to the said Adventurers their Heirs or Assigns or any of them or purchased by them or any of them and to be satisfied according to the same Rules and Rates with the other Arrears before One Thousand Six Hundred Forty Nine And be it further Enacted and Declared by the Authority aforesaid That if it shall happen that any Adventurer or the Heir or Assignee of any Adventurer shall be possessed of any Lands by Concealment false Admeasurement or by pretence of the Doubling Ordinances over and above what will satisfie the principal moneys advanced upon the said Ordinances according to Irish measure as aforesaid and shall not have any Deficiencies Incumbrances or Arrears to place thereupon or be otherwise intituled to retain the same That then and in such case the Lands to be cut off or taken away from such person or persons shall as near may be be taken away and cut off in such Parts and Proportions as lie most contiguous and so as the person or persons to be removed from such Over-plus as aforesaid may still retain and keep the benefit of his and their respective Improvements And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Commissioners to be appointed by his Majesty for the Execution of the Declaration and Instructions and this present Act to proceed in the Execution of their Commission from time to time against all and every person and persons now having or in this or in any other Parliament hereafter to be held claiming to have any Priviledge and against all and every the Lands Tenements and Hereditaments and other the premisses whatsoever hereby vested in his Majesty his Heirs and Successors or charged or chargeable with any yearly Rent or other sums or payments whatsoever to be issuing out of the same and all Rules Orders Iudgements and Decrees of the said Commissioners made in pursuance of and according to the Declaration and Instructions and this present Act and all other Process and Proceedings whatsoever for the better leavying of any Rents or sums of money charged or chargeable as aforesaid shall be obeyed and executed forthwith as fully and amply against all and every person or persons and all and every their Lands Tenements Goods and Chattels as the same ought to have been if no Parliament had been then sitting and all Officers and Ministers of Iustice and all other persons whatsoever any way aiding and assisting in the Execution thereof shall be and are hereby indemnified and saved harmless any priviledge of Parliament or other immunity or exemption to the contrary hereof in any wise notwithstanding Provided alwayes and be it further Enacted and Ordained That the several Grants and Letters Patents made unto Sir Maurice Eustace Knight Lord Chancellor of Ireland Edward Vernon Esq Michael Lord Bishop of Cork and Sir George Lane and all and singular other the Letters Patents whereby any of the premisses hereby vested have been given or granted by his Majesty unto any other person or persons Bodies Politick or Corporate under the Great Seal of England or under the Great Seal of Ireland before the Thirtieth day of November One thousand six hundred and sixty or since the 30. day of November One thousand six hundred sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual dated before the said Thirtieth day of November One thousand six hundred and sixty shall be and are hereby ratified and confirmed and shall be deemed taken to be good valid and effectual in the Law according to the tenor and purport thereof against the Kings Majesty his Heirs and Successors and against all persons Bodies Politick and Corporate whose rights are not saved by this Act any thing in this Act contained to the contrary hereof in any wise notwithstanding Nevertheless it is hereby Enacted and Declared That all and singular the Lands and Tenements given and granted or mentioned to be given and granted in and by the several Letters Patents herein before confirmed shall be and remain and continue subject to such Rents and Payments and shall be held by such tenures and services as any other lands intended to be confirmed by his Majesties gracious Declaration or Instructions or by this present Act ought to yield pay render or perform And in case any of the aforesaid Grants or Demises be made at a less Rent than such a proportion of Acres ought to pay according to this direction then a Survey being first taken an addition is to be made to the reserved Rent of so much as will equal it therewith and make it agreable to this Rule without any further prejudice to the said Grants or Demises Saving to all and every person and persons Bodies politick and Corporate their Heirs Executors Successors and Assigns other than to the Kings Majesty his Heirs and Successors and other then to such person or persons Bodies politick and Corporate who by the Qualifications in this Act expressed shall not be adjudged innocent and other then to such person or persons who shall or may claim to the use of or in trust for them or any of them and other then to John Blackwell his Heirs and Assigns and those claiming by from or under him them or any of them any Estate or Interest of in or to the Manor Town or Island of Clantraffe or any part thereof All such Estate Right Title and Interest of in or to the several Lands and Tenements in and by the said Letters Patents respectively granted or mentioned to be granted as they or any of them have or ought to have the same as fully and amply to all Intents and Purposes as if this Act had never been had nor made And Be it further Enacted That all Letters Patents whatsoever whereby any of the premisses hereby vested have been given or granted under the Great Seals of England or Ireland respectively since the Thirtieth of November One Thousand Six Hundred and Sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual Dated since the said Thirtieth day of November One Thousand Six Hundred and Sixty shall be and are hereby Ratified and Confirmed and shall be held and enjoyed in like manner and under the like Rents and Payments Tenures and Services and subject to the like Saving of Rights
of the true yearly value of all and every the Messuages Manors Lands Tenements and Hereditaments possessed by any Adventurer or Souldier or any other person claiming by from or under them any benefit by vertue of this present Act as the same were worth in the year One thousand six hundred Fifty nine and to Order and Declare the true and full yearly value of the same which Declaration and Order of the said Commissioners or of so many of them as shall be thereunto Impowered shall be entred in a Book to be kept for that purpose and a Duplicate thereof shall be returned into his Majesties Court of Exchequer there to remain as a Record and shall be and is hereby made a Charge upon all and every the Messuages Lands and Tenements therein mentioned described or referred unto and shall be sufficient to Intitle his Majesty to have and receive a years value or a halfe years value according to that rate and in such manner as is herein before limited which several and respective sums so ascertained as aforesaid shall under the Penalties herein before mentioned be paid unto the Right Honourable Roger Earl of Orrery and John Lord Viscount Massareene whom his Majesty hath appointed to be his Receivers of the same or to such other persons as his Majesty shall hereafter appoint for that purpose who shall accompt for and pay unto his Majesty in his Court of Exchequer all and every the sums of money by them received And it is hereby further Declared and Enacted that the Receivers for the time being shall observe and follow such Directions and Instructions as his Majesty hath heretofore given or at any time hereafter shall give Provided nevertheless and be it Enacted That all Lands Tenements and Hereditaments which are or shall be before the First day of May One thousand six hundred sixty and two setled or conveyed by Erasmus Smith Esq for any pious or charitable use shall be and are hereby exempted and freed from paying the years Rent or full years value of the profits herein before assessed imposed or reserved any thing in this present Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Enacted That where any Lease or Leases of any Messuages Manors Lands or Tenements whereof the next or immediate reversion or remainder doth or shall appertain to any innocent Protestant or Papist not exceeding the time and term of One and Thirty years or Three lives from the Three and Twentieth day of October One thousand Sir hundred Forty one or other sooner time of making thereof are forfeited to and vested in his Majesty It shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governors for the time being by any D●ed under his or their Hands and Seals to grant the rest and residue of such lease or leases unto such innocent person or persons as are or shall be Intituled unto the next or immediate reversion or remainder which Grants shall be sufficient to Intitle the persons to whom they shall be respectively made to enjoy the said lease or leases against Vs Our Heirs and Successors and against all and every other person And be it further Enacted by the Authority aforesaid That Donnough Earl of Clancarthy and Charles Viscount Muskry his Son and both of them respectively shall be and are hereby restored unto their Blood and Honour and shall and may derive their Pedigree and Descent from their and every of their Ancestors Lineal and Collateral and shall be and are hereby restored unto and shall and may have hold possess and enjoy unto them and their Heirs respectively all and singular the Titles of Honour Dignities Honours Manors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdome of Ireland which he the said Donnough Earl of Clancarthy or the said Charles Viscount Muskry or either of them or any other person or persons in Trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the Two and Twentieth day of October One thousand six hundred forty one or at any time since according to by and under the same Tenure Rents and Services as the same were then held and by and under no other Tenure Rents or Services this present or any other Act Law Statute Ordinance Order Outla●y Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other Cause Matter or Thing to the contrary notwithstanding Saving to all and every person or persons Bodies Politick and Corporate their Heirs and Successors other than to his Majesty his Heirs and Successors and those who shall or may claim by from or under his Majesty his Heirs and Successors or any of them all such Right Title or Interests which they or either of them had before the passing of this Act. And be it further Enacted That all such persons as are or shall be dispossessed of any part of his or their Estates in order to the said Earl of Clancarty and Lord Viscount Muskry's restitution who are reprizable by the rules of his Majesties Declaration shall be forthwith reprized in lands of equal worth and value Be it further Enacted by the Authority aforesaid That Sir Connel Farrel Knight for his faithful and eminent Services and constant adherence to Vs in the Parts beyond the Seas be and hereby is restored to and setled in so much of the Manors Towns and Lands of Tulickin Lackin Kiltaffery Lisanisky in the County of Longford the Towns and Lands of Rosmore and Ferry-Glass in the County of Leytrim the Towns and Lands of Loghil Ederagh Creagh Carromoare Linnen Derryartwood Ballyglaslan Mullacorny alias Mullaghwerny and Larach in the said County of Longford as were belonging to John Farrel Father to the said Sir Connel and unto him the said Sir Connel or either of them the Two and Twentieth day of October One thousand six hundred forty one or at any time since to have and to hold unto the said Sir Connel Farrel his Heirs Assigns for ever under such Rents Tenures and Services as they were formerly held And it is further Enacted by the Authority aforesaid That Cornet Robert Meredith and such others to whom the premisses were set out for Arrears be forthwith reprized for the same by other forfeited lands of equal value worth and purchase by Our Commissioners appointed or to be appointed for putting Our Gracious Declaration and Instructions in execution and that the lands so to be set and given for reprizals unto the said Cornet Robert Meredith and the others interested in the lands aforesaid be by the Authority aforesaid on the setting out thereof vested and setled in the said Robert Meredith and the rest of the said persons to be reprized and their Heirs respectively And be it further Enacted by the Authority aforesaid That Sir
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
lyable to the Satisfaction of such Arrears in the County of Kildare and elsewhere in the Kingdom of Ireland lying most convenient unto the Estate of the said Earl of Kildare which he the said Wentworth Earl of Kildare shall make choice of all which said Satisfactions are to be made at the same Rates and Proportions and according to the same Rules as are directed by this Act in Cases of the like Nature any thing in this present Act or any clause therein contained to the contrary in any wise notwithstanding Provided always and be it further Enacted That all such Adventurers who are or shall be removed from any of the Lands Tenements and Hereditaments belonging to Theobald Purcell of Loghmoe in the County of Tipperary lately deceased shall be only reprized out of Surplusage Lands within the Security of the Adventurers any thing in this Act to the contrary thereof in any wise notwithstanding Provided alwayes That nothing in this Act contained shall prejudice the Right Title or Interest of Martin Noel or John Arthur in any the forfeited houses tenements or hereditaments in the Town of Wexford And it is hereby Enacted That such of the said Houses Tenements and Hereditaments in the said Town of Wexford as shall be found to be forfeited and already set out unto the said Martin Noel and John Arthur shall be and are hereby vested in and setled upon the said Martin Noel and John Arthur their Heirs and Assigns for ever under such Rents and according to such respective Rules as were set down in his Majesties said Declaration and Instructions Provided alwayes That this Act or any thing therein contained shall not extend to any person or persons Bodies Politick or Corporate any Manors Lands Tenements Rents Reversions Services or Hereditaments which did belong unto any Hospital Almes-house Lepers or Lazars or other charitable Vse within the said Kingdom of Ireland on the Two and Twentieth day of October in the year of our Lord One Thousand Six Hundred Forty one but that all such Manors Lands Tenements Rents Reversions and Hereditaments and every of them shall be restored setled and disposed to the respective Hospitals Almes-houses Lepers Lazars or other charitable Vse to which they or any of them did belong before the said year One Thousand Six Hundred Forty and One and that to be done by the Inspection Direction and Regulation of the Lord Lieutenant or other chief Governour Governours and Council for the time being any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it further Enacted That Arthur now Earl of Anglesey and Lord Viscount Valentia his Heirs and Assigns in his and their respective Settlements and Satisfactions pursuant to this Act shall and may enjoy the ful benefit and advantage of his Majesties respective Gracious Letters in the behalf of the said Lord Viscount Valentia under his Majesties Royal Signet Inrolled in his Majesties high Court of Chancery in Ireland so far forth as the same are consistent with his Majesties said Declaration any thing in this Act to the contrary notwithstanding Provided alwayes and be it enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend or be construed to extend to any Manors Castles Towns Villages Messuages Houses Lands Tenements or Hereditaments whereof Simon Luttrel of Luttrelstown in the County of Dublin Esq deceased or Thomas Luttrel Son of the said Simon or either of them were or was seized in Fee or Fee Tail in Vse Possession Remainder or Reversion on the Two and Twentieth day of October One thousand six hundred forty and one or whereof they or either of them or their or any of their Tenant or Tenants was or were dispossessed expulsed or removed by or under colour of any Actings of the late Vsurped Power in the Kingdome of Ireland but that the said Thomas Luttrel his Heirs and Assigns shall and may from henceforth have hold and enjoy all and singular the said Manors Castles Towns Villages Messuages Houses Lands Tenements and Hereditaments with appurtenances without and before any previous Reprizals and at the ancient Rents and Tenures any thing in this Act contained to the contrary thereof notwithstrnding Provided alwayes and be it hereby enacted That John Bellew of Castletown in the County of Lowth Esq his Heirs and Assigns shall have hold possess and enjoy all the Houses Lands Tenements Rents Services and Hereditaments whatsoever which did belong in Possession Reversion or Remainder to Sir Christopher Bellew late of Castletown aforesaid Knight Father to the said John on the Two and Twentieth of October in the year of Our Lord God One thousand six hundred forty and one in as large and ample manner as the said Sir Christopher or any other in his Right or to his Vse enjoyed the same subject nevertheless to such Charges and Incumbrances as were justly laid upon or issuing out of the said Estate before the said Two and Twentieth day of October One thousand Six hundred forty and one any Clause Proviso matter or thing in this Act whatsoever to the contrary notwithstanding Provided alwayes That John Morrish and Robert Clayton and their Heirs Executors and Assigns shall have hold and enjoy all and singular the forfeited Manors Lands Tenements and Hereditaments in the County of Wexford in Ireland whereof they or One of them stand seized or possessed in Trust for Sir John Cutler Knight and Baronet Sir Edward Heath Knight of the Bath Thomas Yate Doctor in Divinity Robert Abbot Gentleman Didier Fouchant Gentleman and Timothy Stamp Esquire and whereon or on some part whereof Iron-works and other necessary Improvements have been erected and made and which were formerly purchased or taken in Lease in the Names of any of the parties above-named from Officers Souldiers or others to whom the same were set out or allotted in satisfaction of Adventures or Arrears or did otherwise of right appertain according to the effect and purport of the several and respective Deeds of Purchase and Demise and with such benefit of Reprizal in case of restitution or incumbrance and with such other Advantages as any Adventurer or Souldier their Heirs or Assigns within the Province of Leinster ought to have any thing herein contained to the contrary notwithstanding Provided alwayes and be it further enacted That the Lands and Estate formerly set out in the County of Cork unto Hercules Huncks Esq for his Arrears due for his Service in Ireland be established on and confirmed unto Edward Adams of London Merchant his Heirs and Assigns for ever according to such Tenures Rents and Services and under such Limitations and Directions for Reprizal as are set down and expressed for any other Officer or Souldier in this present Act any thing herein to the contrary notwithstanding And whereas several of the Inhabitants and Proprietors of the City of Dublin and Town of Drogheda who constantly adhered unto the Royal Authority until the withdrawing
from time to time out of the ac●ruing Rents Issues Fines and Profits which shall come into the Receipt of your Majesties Exchequer for or by reason of the licencing or permitting the Sale of Wine Aqua-vitae or Strong-waters or any of them by Retail in this Kingdome pay or cause to be paid without further delay Order or Directions unto the said Sir James Shane his Executors Administrators or Assigns half yearly every Michaelmas and Easter the currant Interest of the said Eight thousand Pounds or so much thereof as shall remain unsatisfied the first payment of the said Interest money to be made at Michaelmas One thousand six hundred sixty two and that the said Sir James Shane his Heirs and Assigns shall have and enjoy the full benefit and advantage and effect of your Majesties Gracious Letters under your Royal Signet bearing date the Twenty fifth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto him his heirs and assigns in satisfaction of Adventures and other Interests according to the Rules of the said Declaration so far forth as the Lord Lieutenant or other chief Governour or Governours of this Kingdome for the time being shall judge the several matters and things therein contained to be consistent with your Majesties said Declaration excepting only what relates unto his said Estate in Irris any clause proviso sentence matter or thing whatsoever in this Act contained in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being by and with the consent of the Privy Council shall have full power and authority out of the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by virtue thereof to settle such a yearly allowance for ever not exceeding one Thousand Pounds Per Annum for the founding erecting and endowing of Hospitals and Work-houses for Souldiers maimed or wounded in the Service of Ireland and in case of deficiency of such persons then towards other publick and pious Vses in such manner and in such places as they shall think most equal and fit Provided also That whereas such Papists as by special Grace are restorable unto their Estates by this Act ought in some measure to manifest their gratitude unto Your Majesty for the Happiness and advantage which they enjoy by Your Majesties wonderful Restauration and thereby the better enable your Majesty to restore or satisfie divers persons who have suffered much in Your Majesties Service and for want of Reprizals may not be restored to their Estates Be it Enacted by the Authority aforesaid that it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being to charge for the use of Your Majesty the Estates of the persons so restorable not exceeding the proportions following viz. All Papists who took no lands in Connaught one half years value and such as took lands in Connaught one years value of the Estates unto which they are or shall respectively be restored what they shall be so charged with to be paid in the same manner and proportion as the respective sums payable by the Adventurers or Souldiers are made payable by this Act and that the same shall be paid unto the Receipt of his Majesties Exchequer to be disposed of for satisfying the said unrestored persons or for the buying and purchasing of Reprizes Adventures Arrears Incumbrances or other allowed Interest confirmed by this Act from such person or persons as shall be willing to sell their respective Rights thereunto whereby the Lands designed for Reprizals may the better hold out to answer the ends of Your Majesties said Declaration any thing in this Act notwithstanding Provided also and be it further Enacted by the Authority aforesaid That in case Reprizals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof cannot or shall not obtain or receive the full Benefit intended them then it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being and they are hereby authorized to order appoint and make distribution amongst them of the Satisfaction or Restitution allotted them in such proportions and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned nevertheless according to the Rules and Directions of the Declaration concerning them in all other points and particularly in that of previous Reprize or Reprizals which Order and Appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the Execution of this Act any thing therein contained to the contrary in any wise notwithstanding Provided always and be it hereby further Enacted That all such Castles Manors Lands Tenements and Hereditaments in the County of Sligo as have been purchased by Sir Philip Percivall Knight deceased or any other person or persons in trust for Thomas late Earl of Strafford and Sir George Ratcliffe Knight deceased or either of them and their Heirs or the Heirs of either of them and whereof they or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed at any time before the Three and Twentieth day of October One thousand Six hundred Forty one shall be and are hereby vested in his Majesty his Heirs and Successors and so remain and continue until the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Council there shall upon hearing of the said Purchasers their Heirs or Assigns and the Heirs and Assigns of the said late Earl of Strafford Sir George Ratcliffe and also upon hearing of the persons their heirs or assigns who sold the premisses or any part thereof declare and adjudge whether the same do belong to Sir Philip Percivall his heirs or assigns in trust for William Earl of Strafford and Thomas Ratcliffe or either of them or to any other person or persons his or their heirs or assigns of whom the same are pretended to be purchased as aforesaid which Declaration and Iudgement shall be as good and effectual in Law to all Intents and Purposes on behalf of the person or persons for whom the same shall be made as if the same had been particularly Enacted by these presents any Distribution or Allotment thereof during the late times of Vsurpation to any Adventurer or Souldier any defect of Conveyance or Assurance to the said Sir Philip Percivall or other the Trustees of the late Earl of Strafford and Sir George Ratcliffe any Right or Title in his Majesty by virtue of the Office or