Harviestown and the mill thereunto belonging PoleHore Bolgerstown and Muchy-wood and Mullindery with the appurtenances all lying and being in the County of Wexford And that he the said Philip Hore shall have hold possess and enjoy all and singular the premisses to him and his Heirs against the Kings Majestie his Heirs and Successors and against the said Sir George Lane and his Heirs and all claiming by from or under them or any of them by virtue of this or the said former Act with all the rights members and appurtenances Rents issues and profits and all other advantages whatsoever to them and every of them belonging and appertaining to the use of him the said Philip Hore his Heirs Executors and Administrators respectively for ever Subject unto such rents and services as the same are lyable unto by this Act This present Act or any other Act Law Statute Ordinance Order Grant Decree Outlawry Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other clause matter or thing to the contrary notwithstanding His Majestie having taken to his Princely consideration the many faithfull and acceptable services of Sir George Hamilton Knight performed aswell to his late Majestie of Glorious Memory as to himself in the Warrs of Ireland and that in severall qualities as Captain of Horse Colonel and Captain of Foot Governour of the Castle of Nenach and other capacities for which there were arrears to great value accrued to the said Sir George Hamilton before and after the fifth of June One thousand six hundred forty nine which though not stated are by agreement and consent between him and other the Commissioned Officers and Trustees serving in Ireland before that time reduced to five thousand pounds sterling Be it therefore Enacted by the Authority aforesaid That the said Sir George Hamilton shall in full satisfaction of all personal arrears due unto him for his service in Ireland in the several imployments he had there before and after the said fifth day of June One thousand six hundred forty nine be satisfied the summ of five thousand pounds sterling out of the security set a part and designed by this and the said former Act for satisfaction of the arrears of such Commissioned Officers as served His Majestie or his said Royal Father in the Warrs of Ireland at any time before or after the fifth of June One thousand six hundred forty nine in such manner as by the said agreement is directed this Act or any other Act or matter to the contrary notwithstanding Provided Alwayes and be it Enacted by the Authority aforesaid That where any lands Tenements or Hereditaments which were seized sequestred or set apart upon account of the late Rebellion or Warr have been given and granted by any particular clause or provision in the said former Act mentioned or by any Letters Patents under the Great Seal of England or under the Great Seal of Ireland to any person or persons whose estates therein were confirmed by the said former Act or are confirmed by this present Act and whereof a third part hath not been already evicted by some Decrees herein confirmed the lands granted to his Royal Highness James Duke of York George Duke of Albemarle Arthur Earl of Anglesey Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloony Charles late Earl of Falmouth Theobald Earl of Carlingford Henry Lord Arlington John Lord Kingston Chidley Coot and Thomas Coot Esquires the relict and Heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cook Sir William Pen Sir Theophilus Jones Sir George Ayscough the Orphans of Colonel Owen O Conell Sir George Rawdon Baronet Sir George Lane Edward Vernon Esq Erasmus Smith Esq and the lands conveyed or mentioned to be conveyed by John Parker to certain Trustees for pious uses which Trustees are hereby made responsible to the Lord Lieutenant or other Chief Governour and Governours and Council there for the time being touching the execution and performance of the said Charity and the lands granted to any person or persons in satisfaction of arrears due for service done in Ireland or in satisfaction of any debt owing to them for provisions for the Army or Navy in Ireland and the lands which by the said former Act are restored to former Proprietors onely excepted That there and in such cases the said Provisoes Clauses Grants and Letters Patents shall be understood and so are hereby declared to be good and valid for no more than two full third parts of the Lands Tenements and Hereditaments therein mentioned and thereby granted and as to one third part of the Lands Tenements and Hereditaments therein contained shall be and so are hereby declared to be null and void Any thing in the said Provisoes Clauses Letters Patents or in the said former Act or in this present Act contained to the contrary notwithstanding Nevertheless such Grantees and all those who claim under them shall have like liberty of Retrenchment and in like manner and form as Adventurers and Souldiers are to have by the rules of this Act and the third part so as aforesaid to be retrencht shall remain and be vested in His Majestie His Heirs and Successors to be disposed and applyed to such uses as other forfeited lands by this Act ought to be Any thing herein before contained to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That out of all the Lands which have been decreed to any Irish Papist Popish Recusant or Roman Catholick by virtue of any Decrees not grounded upon some particular Proviso in the said former Act and made by the Commissioners for execution of the said former Act after the second day of July in the year of our Lord One thousand six hundred sixty three and herein confirmed one years rent according to the values the same were let at in the year One thousand six hundred fifty nine over and above all other the rents and payments by this Act imposed or made levyable shall be raised and levyed and paid unto the Receivers herein after mentioned by two even and equal payments the first payment thereof to begin upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and seven and the second payment thereof to be upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and eight under the penalty following That is to say every person lyable to the payment of any part of the said years rent and making default and failing to pay the same by the space of twenty days next after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levyed by Process out of His Majesties Court of Exchequer in like manner as any other the rents herein before
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
appurtenances in the said County of Wexford and all other Lordships Mannors Castles Lands Tenements Rents and Arrearages of Rents reserved and payable upon any Lease or Leases for lives or years or otherwise and all Reversions Remainders Services and Hereditaments late of the said Robert Wallop with their and every of their appurtenances in the said County of Wexford and also all that Priory or Rectory and Church Impropriate of Selsker in the said County of Wexford and all Houses Edifices Barns Stables Tythes Oblations Obventions Profits Commodities and Advantages whatsoever thereunto belonging or appertaining and all other Tithes or tenth parts of Corn Grain Hay Wool Lamb Fish and other Tithes whatsoever late of the said Robert Wallop yearly arising coming renewing or happening within the severall Parishes and Towns Vills fields hamletts tytheings and tytheable places of St. Margaret St. Ivern Ishartenon Kilmore Killame St. Peter Carycke Killoryn Ballysonon Ballnalden Killish Ardcavan and Ard-Collme Killmallock St. Nicholas Takillin Skreene Killisk Ballmestaine Selsker and St. Toolirck in the said County of Wexford and also all other Lordships Mannors Castles Abbeyes Towns Vills Territories Messuages Lands Tenements rents and arrearages of rents as aforesaid reversions tythes and hereditaments whatsoever in Ireland late the possessions of the said Robert Wallop and also all other Mannors Messuages Lands Tenements Meadowes feedings pastures woods under-woods tythes rents reversions and hereditaments together with all and singular Courts Courts-leet Courts-Baron viewes of Franckpledge and all that to Courts-Leete and viewes of Franckpledge appertaineth Perquisits and profits of Courts Chattels Waifes Estrayes Rights Iurisdictions Franchises Privileges Commodities Advantages Emoluments Hereditaments whatsoever to the aforesaid Lordships Mannors Castles Abbyes Lands Tenements Hereditaments and other the premisses aforesaid or any of them or any part or parcel of them in the said County of Wexford or elsewhere in this Kingdom of Ireland belonging or appertaining or accepted used reputed taken or known as part parcel or member of them or any part or parcel of them with their and every of their appurtenances late of the said Robert Wallop all which premisses by His Majesties Letters Patents under his Great Seal of England bearing date the six and twentieth day of September in the thirteenth year of his now Majesties Raign were mentioned to be granted by his said Majestie unto the said Thomas Earl of Southampton Lord Ashley Sir Orlando Bridgeman and Sir Henry Vernon and their Heirs and all and singular conditions covenants forfeitures entries titles and rights in any Indenture or Indentures of Lease of the premisses or any of them specified or contained or otherwise And be it further Enacted by the authority aforesaid That all and singular the said Castles Mannors Hereditaments and premisses shall be and are hereby declared and adjudged to be vested and settled in the said Thomas Earl of Southampton Anthony Ashley Lord Ashley Sir Orlando Bridgeman Sir Henry Vernon and their heirs and that as fully and amply as if the said Letters Patents had been good and effectual in law according to the intent and purpose thereof any thing in this or the said former Act to the contrary hereof in any withstanding And be it further Enacted That Sir Maurice Eustace Knight late Lord Chancellor of Ireland Arthur Earl of Essex Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloone Michael late Lord Bishop of Cork now Lord Chancellor of Ireland and Lord Archbishop of Dublin John Lord Vicecount Massareen Marke Lord Vicecount Dungannon Rober Boyle Esq Sir Arthur Forbus Major George Rawdon now Sir George Rawdon Baronet and the relict and heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cooke and the Orphans of Colonell Owen O Conelly Sir George Lane Sir James Waymes Sir George Ascough Sir Theophilus Jones Sir Walter Plunkett Sir George Preston Sir John Bellew Sir Martin Noel Sir St. John Broderick William Legg Esq Edward Vernon Esq Robert Southwell Esq Captain William Hamilton Maurice Keating Esq Erasmus Smith Esq Susanna Bastwick and her Children Sir William Pettie and all others particularly provided for in the said former Act and not particularly mentioned in this present Act and other special provisions made for them their heirs executors and Assigns do hold and enjoy to them their heirs and Assignes all and singular the lands tenements and hereditaments in and by the said former Act settled granted disposed and confirmed or mentioned meant or intended to be settled granted disposed and confirmed to them their heirs and Assignes and not already decreed away by such decrees as are herein confirmed and all other the benefits and advantages of this present Act and the benefits and advantages in and by the said former Act mentioned in any particular clause or other provisoe relating to them or any of them their heirs or Assignes the benefit of reprizals in the said former Act granted onely excepted any retrenchment or alteration thereof made by the Lord Lieutenant and Council of Ireland or any other matter or thing in this Act to the contrary notwithstanding And it is further Enacted that Sir William Penn shall hold and enjoy to him and his heires all and singular the lands Tenements and hereditaments situate in the County of Cork whereof he the said Sir William Penn by himself or his under tenants was upon the first day of March One thousand six hundred sixty and four in possession as tenant to his Majestie and in case the same shall fall short of the full value of One thousand pound per annum over and above all Quit rents charges and reprizes the Commissioners for Execution of this Act shall cause so much other forfeited land to be sett out and allotted unto the said Sir William Penn his Heirs and Assignes as may make up the same to the full cleer yearly value of One thousand pounds per annum as aforesaid and in case the lands held by the said Sir William Penn his undertenants or Assignes upon the said first day of March One thousand six hundred sixty and four shall exceed the value of One thousand pound per annum over and above all Quit rents charges and reprizes as aforesaid he the said Sir William Penn his Heirs and Assignes shall reconvey unto his Majestie his Heirs and Successors so much thereof as by the Commissioners for the execution of this Act shall be declared or by any Inquisition to be taken within two years after the Royal assent given to this Bill shall be found to be over and above the value of One thousand pounds per annum as aforesaid And it is further Enacted by the Authority aforesaid That the Earl of Clanrickard Earl of Castlehaven Morrough Earl of Inchequin the Earl of Clancarty Lord Vice-Count Dillon Simon Luttrell Dudley Bagnall Esq Henry Bagnall Catherine Corbett Theobald Purcell Esq and such others who are particularly mentioned in the said former Act to be restored to their estates and therein
Sir Courtney Pool Baronet and other the persons intitled to the said estate so long as the said Lord Vice-count shall have issue male of his body were still to continue their possession Nevertheless His Majestie being desirous that all just interests should be provided for and being willing to extend his mercy unto the said Nicholas Lord Vice-count Nettervill as far as may stand with His Iustice is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act doe forthwith set out unto the said Edward Smith Esq Sir Courtney Pool Baronet and other the persons intitled to the lands of the said Lord Vice-count their Heirs and Assigns their several and respective two third parts which by the rules of this Act they ought to have and after such two third parts set out shall restore the said Lord Vice-count Nettervill unto the possession of all and singular the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdom of Ireland with his deceased Father and Grandfather 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 or any other or others to whom he may or can derive as heir or otherwise had held or enjoyed or of right ought to have held or enjoyed on the Two and twentieth of October One thousand six hundred forty one Rectories and Parsonages Impropriated and Appropriate Tythes excepted and that the said Lord Vice-count shall hold and enjoy all and singular the Lands Tenements and Hereditaments so restored according to such Estate Right and Title as he ought to have had in the same in case he had been adjudged innocent and no other and also shall be and is hereby restored in blood to all intents and purposes Any thing in this present Act or the said former Act or any other Act Law Statute Ordinance Order Outlary Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or Decree or any other matter clause or thing to the contrary notwithstanding And because the Estate Right and Inheritance of in and unto several Lands Tenements and Hereditaments is by several clauses in this Act vested and settled in or otherwise disposed of unto several persons in the said several and respective clauses particularly named and mentioned whereby great prejudice may arise unto others whose right was not intended to be barred or extinguished if a timely remedye be not provided Be it therefore Enacted by the Authority aforesaid That in all and every such clauses it shall be understood and so is hereby Declared That all the right title and interest either in law or equity which any person or persons Body Politick or Corporate their Heirs Executors Successors or Assignes or any of them had on the Two and twentieth day of October One thousand six hundred forty one or at any time since other than His Majestie His Heirs and Successors and those who shall or may claim by from or under His Majestie His Heirs and Successors or any of them by virtue of this or the said former Act and other than such person or persons Bodies Politick or Corporate their Heirs Executors Successors and Assigns whose right is particularly mentioned to be barred and excluded shall be and is hereby preserved unto them their Heirs Executors Successors and Assignes respectively as fully and amply as if a particular saving of Rights had been annexed to and repeated in every such clause any thing in this Act contained to the contrary notwithstanding And whereas in and by the said former Act the fractions of od pounds shillings and pence were to be struck off and deducted out of all sums of money Debentures Certificates or Decrees for Arrears Adventures Publick Debts Reprizes or other allowed Interests which according to the said Act were to be ascertained stated or settled and the fractions of od acres roods and pearches were also to be deducted out of the respective proportions of lands which should be granted or settled in satisfaction of any of the aforesaid interests so as such deductions did not exceed the hundredth part of the money or lands out of which such Deductions were to be made which Deductions were appointed to be satisfied as intirely as might be in such convenient proportions and places as the Chief Governour or Governours of Ireland for the time being should appoint and reserved to be disposed to such uses as His Majestie His Heirs or Successors should appoint His Majestie is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That no fractions of od pounds shillings or pence or of od acres roods or pearches or any satisfaction for the same be at any time hereafter made or given unto His Majestie His Heirs or Successors or unto any other person or persons claiming the benefit thereof by virtue of any Patent Grant or other Assignment from His Majestie but that the same be for ever released and discharged and that all and every the clauses in the said former Act touching and concerning the giving or reserving such fractions and the satisfaction thereof unto His Majestie His Heirs and Successors shall be and are hereby repealed and made void to all intents and purposes as if the same had never been had nor made Any thing in this or the said former Act to the contrary notwithstanding And whereas the survey admeasurement of certain lands in Ireland was heretofore undertaken and finished by Sir William Petty Knight upon an agreement made with the Souldiers to have for his pains one penny for every acre so surveyed and admeasured as aforesaid whereof part hath been already paid and some doth still remain in arrear to the end therefore that satisfaction be made to Sir William Petty for what remains unpaid by the Souldiers their Heirs or Assigns and for His better encouragement to finish the several Mapps and Descriptions of this Kingdom Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being with any six or more of His Majesties Privy Council shall have power to examine how much of the said penny the acre hath been already paid and for what lands and how much thereof remains behind and unpaid and to give Order or Orders Warrant or Warrants for the levying and receiving one penny per acre out of all the lands in the admeasurement whereof he was imployed that have been or shall be appointed to be set out for satisfaction of arrears out of which such acrige was agreed or ought in justice to be paid and hath not been already paid and to give such further encouragement to the said Sir William for the finishing of the said Mapps as they shall think fit And that it shall and may be lawful to and for Sir
and Assigns for ever To his and their use and uses without any accompt to be given for the same to His Majestie His Heirs or Successors as by the tenor of the said Letter more at large may appear since which time the said Charles late Vice-Count Muskry hath ended his long continued Services by the loss of his life in the late expedition at Sea against the Hollander His Majestie is therefore graciously pleased pursuant to His said former Royal intentions That it be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot unto Charles-James Mac Carthy now Vice-Count Muskry Son and Heir to the said Charles Vice-Count Muskry all the forfeited lands in the said Barony not set out formerly to Adventurers and Souldiers nor restored to the former Proprietors And that the said Commissioners shall quiet and establish the said Charles-James Vice-Count Muskry in the possession thereof which he is to hold possess and enjoy to him and the heirs males of his body and for want of such issue the Remainder to the said Donogh Earl of Clancarty and the heirs males of his body begotten the Remainder in Fee to the right heirs of the said Earl Any thing in this Act or the said former Act to the contrary notwithstanding And that Certificates be thereof granted in order to the passing of Letters Patents Provided nevertheless That the said Donogh Earl of Clancarty Grandfather to the said Charles-James now Vice-Count Muskry or the now Countess of Clancarty if she survive the said Earl may by way of Lease for years of any part of the premisses or by grant of a Rent-charge for years out of the premisses or or otherwise as to him the said Donogh or to her the said Countess if she survive shall seem meet afford such relief out of the premisses to the former Proprietors thereof as he or she shall finde do best merit the same And what he or she shall do therein is hereby allowed of and made good and valid in Law And whereas Sir Philip Percival Knight Deceased for and on the behalf of of Thomas late Earl of Strafford and Sir George Radcliffe Knight Deceased and their Heirs in or about the year One thousand six hundred thirty and six did contract and agree with Teige O Connor Sligoe Vncle and Heir in taile to Donogh O Connor Sligoe then lately Deceased and also with Edmond Mac Iordan and Dorothy his Wife sole Sister and Heir General to the said Donogh for divers Lordships Mannors Castles Lands Tenements and Hereditaments in the County of Sligoe being formerly the estate of the said Donogh O Connor Sligoe whereupon several summs of money were paid disbursed and secured to be paid by the said Sir Philip Percival to the said Teige O Connor Edmond Mac Iordan and Dorothy his Wife and to some other person or persons by their or some of their consent direction or appointment for the freeing discharging and disingaging the said premisses of or from some mortgages Leases or Incumbrances thereupon or some of them but no legal conveyance were or could then be made or perfected to him the said Sir Philip Percival by reason of the Grand Office then lately found in the Province of Connaght whereby his Majestie was intitled to the said lands amongst divers others in the said Province Be it therefore further Enacted by the Authority aforesaid That all and singular the said Lordships Mannors Castles Lands Tenements and Hereditaments with the appurtenances formerly belonging to the said Donogh O Connor Sligo and the said Teige O Connor Sligo or to either of them shall be and are hereby settled upon William Earl of Strafford Sonn and Heir of the said Thomas Earl of Strafford and Thomas Radcliffe Esq Sonn and heir of the said Sir George Radcliffe and their heirs under the Rents and services due and payable thereout to his Majestie in the year One thousand six hundred forty one And that they the said William Earl of Strafford and Thomas Radcliffe and their heirs be forthwith settled in the possession of all and singular the said Lordships Mannors Castles Lands Tenements and hereditaments by the Commissioners appointed or to be appointed for the Execution of this Act any thing in the aforesaid Act or in this Act contained to the contrary in any wise notwithstanding And be it further Enacted that all depositions and examinations of witnesses that have been taken in a cause lately depending before the Lord Lieutenant and Council of Ireland between the said William Earl of Strafford and Thomas Radcliffe Esq and Sir John Percival plaintiffs against Martin O Connor Grandsonn and heir to Teige O Connor Sligoe Esq Deceased Richard Lord Baron of Coloony and others defendants shall and may be read and made use of as good proof for all such lands Tenements and hereditaments as by the said Depositions have been proved to be part of the said Donogh O Conners estate And be it further Enacted by the Authority aforesaid That the said William Earl of Strafford and Thomas Radcliffe or either of them their heirs or Assignes shall within six monthes time after the passing of this Act pay or cause to be paid all such summ or summs of money as shall within the time of the said six monthes be made appear to be iustly due from the said Teige O Conner Sligoe Edmond Mac Jordan and Dorothy his Wife Sir Philip Percival Thomas late Earl of Strafford and Sir George Radcliffe or any of them their heirs or Assignes of any of them and not by them or some of them allready paid for and towards the purchasing and buying off of any of the said Mortgages Leases or Incumbrances which were upon the estate of the said Donogh O Conner at the time of the said contract made as aforesaid which summ or summs of money so made appear to be due as aforesaid from the said Teige O Conner Edmond Mac Jordan and Dorothy his Wife Sir Philip Percival Thomas late Earl of Strafford and Sir George Radcliffe their heirs or Assignes or any of them or by them or any of them deposited in the Clerk of the Councils hands in Order to the buying off of any of the said Mortgages Leases or incumbrances shall be and are hereby vested in and made payable unto his Majestie his Heirs and Successors to be disposed of by his Majestie as by his Signet and Sign manual he shall declare and appoint Saving and excepting hereour such summ and summs of money as shall appear to be justly and legally due by one Mortgage upon part of the said estate made by the said Donogh O Conner to certain Feoffees to the use of the children of Sir Francis Blundell their heirs or Assignes Provided that the Adventurers Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and Souldiers who are now in possession of all or any the said lands or ought to have
February which shall be in the year of our Lord One thousand six hundred sixty six under the penalty following that is to say every person liable to the payment of any part of the said years Rents and making default and failing to pay the same by the space of twenty days after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levied by Process out of His Majesties Court of Exchequer in like manner as any the Rents whereof the said Earl of Orrery and Lord Massereen were appointed Receivers by the said former Act might have been levied and if need so require like course is to be taken for the ascertaining of the value of lands charged with the said years rent and of returning the same into the Exchequer to remain and be a charge upon Record as in and by the said former Act in case of the said other rent therein secured was appointed And the said Receivers herein after appointed are to accompt for and pay unto Arthur Earle of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being all and every the summs of money by them to be received Nevertheless it is hereby declared and Enacted that all and every the summs of money formerly paid to the Earl of Orrery and Lord Vice-Count Massareen in pursuance of the said former Act shall be allowed to the person and persons so paying the same his and their Heirs Executors and Assignes in full discharge of so much of the rent payable by this Act as the moneyes so as aforesaid payd do or shall amount unto and the two half years rents payable to the said Earl of Orrery and Lord Vice-Count Massereen by any Adventurer or Souldier their Heirs Executors or Assignes by virtue of the said former Act shall be and are hereby from henceforth discharged And in case the monies to be raised as aforesaid shall fall short of the summ of three hundred thousand pounds then it shall and may be lawful to and for the Lord Lieutenant or other chief Governour and Council there for the time being to tax and assess upon all the lands in Ireland so much more money as together with what hath been before raised and allowed by virtue of this Act shall make up the full and just summ of three hundred thousand pounds sterling and to cause the same to be assessed distributed raised and levied by such wayes and means as they shall think fit observing therein all the equality and indifferency that can be And Arthur Earl of Anglesey Vice-treasurer of Ireland or the Vice-treasurer for the time being is hereby required and enjoyned to pay or cause to be payd out of the moneyes to be received as aforesaid unto the Kings Majestie the summ of fifty thousand pounds and also unto and amongst such Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and have not yet received any satisfaction in lands or money and amongst the Heirs Executors and Assigns of such Commissioned Officers and other persons intitled to be satisfied within their security such summs of money as the Commissioners for Execution of this Act having respect to the arreares already stated shall by any warrant under their hands and Seals or the hands and Seals of the Major part of them direct and appoint until the whole sum of One hundred thousand pounds shall be fully satisfied and payd and the warrant or warrants under the hands and Seals of the said Commissioners or the Major part of them together with the acquittance or acquittances of the party or parties who shall receive any money thereupon shall be unto the said Vice-treasurer a sufficient discharge for so much as the said acquittances extend unto which said One hundred thousand pounds so as aforesaid appointed to be payd is hereby declared to be in lieu and recompence of and in full satisfaction for the years rent payable out of the lands of those Souldiers who had lands set out for their arrears in the year One thousand six hundred fifty three and the year and halfs rent payable by those other Souldiers who had lands set out for their arrears in the years One thousand six hundred fifty five One thousand six hundred fifty six One thousand six hundred fifty seaven One thousand six hundred fifty eight One thousand six hundred fifty nine The payment of which said rents shall from henceforth cease and determine and the persons and estates there with charged or chargeable by the said former Act shall be and are hereby thereof for ever acquitted and discharged And whereas several clauses in His Majesties Gracious Declaration of the thirtieth of November in the twelfth year of his Raign and in the former Act do intitle His Grace James Duke of Ormond and the Lady Dutchess His Wife to great quantities of forfeited lands in the Counties of Catherlagh Galloway Waterford Dublin Kildare Meath Cork Kerry Kilkenny and Tipperary and other places and if the same were extended to the utmost would greatly obstruct and hinder the Settlement now intended Be it therefore Enacted by the Authority aforesaid That the full summ of fifty thousand pounds sterling be payd out of the moneyes aforesaid unto his said Grace James Duke of Ormond now Lord Lieutenant of Ireland His Executors Administrators or Assignes which the said Vice-treasurer is hereby required and enjoyned to pay or cause to be payd out of the moneyes aforesaid unto His said Grace or unto such other person or persons as His Grace shall appoint which is hereby declared to be in lieu and recompence of and in full satisfaction for all such forfeited and forfeitable estates titles interests claims or demands in or to any Mannors lands Tenements or Hereditaments mediately or immediately held as of any of the Mannors of the said Duke or the Lady Dutchess of Ormond His Wife or heretofore granted by His Grace or any of his Ancestors or by any of the Ancestors of the said Lady Dutchess in Fee Farm or Fee tail and of all and singular the statutes judgements Mortgages and other real securities for money given made acknowledged or entred into by any person or persons holding as aforesaid to any other forfeiting person or person not declared innocent to all which premises the said Duke and Dutchess respectively hy his Majesties said Declaration and by the said former Act are intitled and of all mean rates issues and profits thereof since incurred and now due to His Grace other than what is already received to his use for which he is hereby acquitted and of all and every the Reversions and Remainders which the said Duke or Dutchess now hath or have expectant upon the said forfeited and forfeitable Estates tail which Estates Interests and other the benefits and advantages herein before mentioned are intended and so are hereby declard to
by the Decree of the said Commissioners nor any other person or persons claiming under such Decree shall be permitted to sue or prosecute the person or persons against whom such Decree was made his or their Executors or Administrators or any of their Tenants or Assigns touching or concerning any Measn profits of the Lands and Tenements so as aforesaid decreed but that all Suits Actions and Demands touching or concerning such Measn profits and all prosecutions therefore whether in law or equity shall be and are hereby barred and excluded and all and every person and persons liable to such actions molestations and prosecutions shall be thereof for ever acquitted and discharged Any thing in this or the said former Act contained to the contrary notwithstanding And because many persons did put in their claims before the Commissioners for execution of the said former Act as innocent persons thereby demanding some small parcel of land onely or deriving his or their title to some small part from some Irish Papist and thereupon no opposition being made the said Commissioners declared the said Claimant or the person under whom the Claimant derived to be innocent quo ad hoc since which time the said Claimants and the said persons under whom they derive alleaging themselves to be declared innocent enter upon great estates in several Counties as devested out of the Crown by such Iudgement of Innocence pretending the limitation of that Innocence by the words of the Decree quo ad hoc to be repugnant and impossible contrary to the intention and meaning of the said Commissioners by them publickly declared whereas if the whole estates to which the said persons now pretend had been then in question before the said Commissioners the several Adventurers and Souldiers therein concerned had been summoned to have taken notice thereof and might have made such opposition and produced such proof of their nocency as they thought fit Be it therefore Enacted That no Decree wherein any person or persons have been declared innocent quo ad hoc shall give such person or persons any title by virtue of any such Decree to enter upon or enjoy any more or other lands than what were particularly mentioned in such Decrees but that all other the lands of such person or persons declared innocent quo ad hoc which were sequestred upon the accompt of the late Rebellion or War shall remain and continue in His Majestie to the uses of this and the said former Act Any thing in either of the said Acts to the contrary notwithing Provided also and be it Enacted That nothing herein contained shall extend in any wise to ratifie or confirm the Decree made by the Commissioners for execution of the said former Act wherein and whereby Oliver Earl of Tyreconnel hath been declared to be nocent but that the said Decree and every part thereof shall be and so is hereby declared to be null and void as if the same had never been had or made and that the said Oliver Earl of Tyreconnel and all others who upon the Three and twentieth of October One thousand six hundred forty one or at any time since were or are seized to his use or in trust for him or in trust for Sir Thomas Fitz William late Vicecount Meryon Father to the said Earl or Christopher Fitz Williams Vncle to the said Earl or in trust for the Countess of Tyreconnel Wife of the said Earl of Tyreconnel for her separate maintenance or claiming by from or under him the said Earl of Tyreconnel shall be and continue in such like estate and condition and no other nor better than he or they ought to have been in case no such Decree had ever been made subject nevertheless to such Quit Rents as by this Act are imposed Any thing herein or in the said former Act contained to the contrary notwithstanding And be it further Enacted That the said Oliver Earl of Tyreconnel shall hold and enjoy to him and his heirs the lands in Cappock in the County of Dublin and Hanlaston and Athronan in the County of Meath mortgaged by the Lord Vicecount fitzs William his Father now forfeited to His Majestie and that His Majesties Letters Patents under the Great Seal of England bearing date the eight day of June in the sixteenth year of His Majesties Reign containing His Majesties gracious pardon to the said Earl of Tyreconnel and a clause of Restitution of all the lands and Tenements of the said Earl shall be and is hereby confirmed and shall be held and enjoyed accordingly subject to Quit Rents as aforesaid Provided always and it is hereby Enacted and Explained That no lands whereof the Provost Fellows and Scholars of the Colledge of the holy and undivided Trinity of Queen Elizabeth neer Dublin were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession nor any lands held by virtue of any Grant Lease or Fee Farm from the said Provost Fellows and Scholars and forfeited to His Majestie shall be disposed by virtue of this or the said former Act but that they and every of them remain and be in the said Provost fellowes and scholars and their Successors for ever Subject nevertheless to the payment of such Quit rents for the said forfeited lands as Adventurers or Souldiers by virtue of this or the former Act ought to pay any thing in this or the said former Act contained to the contrary notwithstanding And because several persons have been decreed innocent but nevertheless have not been restored to the lands which they claimed before the Commissioners for Execution of the said former Act but have been left to the course of law for the recovery of their possessions by trying their titles grounded upon the validity of those evidences by which they pretended to claim Be it therefore Enacted by the Authority aforesaid That all and every person persons who were defendant or defendants in the suit or claim upon which such decree was made as aforesaid and those claiming by from and under them shall within three months next after the sitting of the Commissioners for Execution of this Act declare and make his and their election by writing under his and their hands and Seals or under the hands and Seals of his and their Atturneys or Agents thereunto lawfully authorized whether they will immediately deliver up and relinquish the possession of the lands in controversy unto the Kings Majestie and resort to their proportionable satisfaction out of other forfeited lands which if they do elect they are to be admitted accordingly and shall be satisfied his and their full two third parts and so much more as may be Equivalent to his and their buildings and improvements and then shall part with the said lands or whether they will rather abide the tryal at law which if they do elect and the Irish claimant should fail to prosecute his title or a verdict or judgement shall be given against
whether the said estate tail be not extinct in law by the forfeiture of the said Lord Clanmalira whose claim of innocence hath not been allowed and so by consequence the reversion granted to Sir Henry Bennet now Lord Arlington as aforesaid come to take effect in present possession Be it further Enacted by the Authority aforesaid That the said Sir Henry Bennet now Lord Arlington shall and may enter into and upon and shall have hold and enjoy to him and his Heirs all and singular the Messuages Mannors Lands Tenements and Hereditaments whereof Lewis Lord Vice-Count Clanmalira or any other person in trust for him was seized or possessed the two and twentieth of October One thousand six hundred forty one in as full and ample manner as the said Sir Henry Bennet now Lord Arlington might have held or enjoyed the same by virtue of the said Letters Patents in case the said estate tail had been spent or expired or otherwise determined or extinguished which said Letters Patents and all and every the clauses therein contained are hereby confirmed and declared to be good valid and effectual in law to all intents and purposes and that all and every the Adventurers and Souldiers their Heirs Executors Assignee or Assignes who are to be removed in order to the quiet and peaceable possession of the said Sir Henry Bennet now Lord Arlington shall be satisfied their full two third parts respectively in like order and manner to and with other Adventurers and Souldiers any clause matter or thing in this or the said former Act contained to the contrary in any wise notwithstanding And Whereas Francis Lord Aungier in and by the said former Act was intitled unto some part of the premisses amounting to the value of two hundred pounds per annum or there abouts which as is alleaged lyeth so intermixt with the residue of the said estate that the same cannot without great inconvenience be continued in the possession of the said Francis Lord Aungier in such manner as now it is held Be it therefore Enacted That the said Sir Henry Bennet now Lord Arlington his Heirs or Assignes shall before the first day of January next ensuing convey and assure unto the said Francis Lord Aungier his Heirs and Assignes so much of the premisses as Arthur Earl of Anglesey and Roger Earl of Orrery or the surviver of them shall by any writing under his or their hands and Seals before that time to be made declare and appoint in lieu and recompence of the estate of the said Francis Lord Aungier of and in the premisses and in default of such Declaration and appointment or of the performance thereof the said Francis Lord Aungier shall hold and enjoy to him and his heirs the Messuages Lands and Tenements whereof he is now in possession and to which he stands intitled by the said former Act according to the tenor thereof any thing in this present Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That there shall be and is hereby constituted and erected an office or place of Register to the Commissioners for Execution of this Act who shall take care that due entries be made of all Retrenchments of any third part or other proportion of lands to be cut off from any Adventurer or Souldier their Heirs and Assignes and the valuations thereof and of all Decrees and certificates to be made by the Commissioners for Execution of this Act and of all other the proceedings in order to the service of this Act which are fit and proper to be Registred And that the said Office or place shall be held by Sir John Percival Baronet during his natural life to be exercised by himself or his sufficient Deputy and that the said Sir John Percival by himself or his Deputy shall be and is hereby impowred and required to have the care and custody of all claims certificates plots surveyes except such as relate to the Office and imployment of the Surveyor General Debentures Duplicates Entries and copies of them Returns of Commissions Valuations Examinations Affidavits Reports Rols and all other publique Books Papers writings and Records whatsoever which any the Commissioners or Sub-Commissioners for the service of this Act shall use in such Office or place wherein they sit and which shall be dependant on the said service or relating thereunto and all persons who have any of the like Books or Papers aforesaid which have been used in or towards the Execution of the said former Act shall forthwith deliver the same or cause the same to be delivered to Sir John Percival And to the end that no fraud or deceipt may be used herein nor any of the said writings or Records be imbeizeled the Lord Lieutenant or other chief Governour or Governours of Ireland for the time being and the Council there shall have power to send for any person or persons whom they shall suspect to have any of the writings or Records-aforesaid and to examin him or them upon his or their Oathes touching the same and to commit to prison such person or persons as shall refuse to be examined or being examined shall refuse to deliver such Books Papers and Records relating to the service of the said former Act as shall appear to be in his or their hands or which they can come by And further the said Sir John Percival by himself or his Deputy and by such under Clerks for which he will be responsible shall from time to time attend such Commissioners and transcribe Copy Prepare Register Enter Draw up and enrol or cause to be transcribed Copied Prepared Registred Entred Drawn up and enrolled all and every the Decrees Iudgements Orders Warrants Summons Injunctions Reports and certificates of any of the Commissioners or Sub-Commissioners for Execution of the said former Act not already enrolled or entred or of any the Commissioners or Sub-Commissioners for the service of this Act for the time to come and shall also Act and do or cause to be Acted and don all and every the matters and things which doe or may any way concern the Office of Register or other the premisses as fully and amply as any Register or Registers to the Commissioners for Execution of the said former Act and his and their Clerks did or ought to have done he and they taking therefore such Fees only and no other as by the Lord Lieutenant or other cheif Governour and Governours of Ireland for the time being shall be held reasonable which Fees he and they are hereby enabled to receive and recover accordingly And it is hereby declared and enacted That the said Sir John Percival shall yearly and every year during the Execution of this and the former Act account for and pay unto the Lord Lieutenant or other cheif Governour and Governours of Ireland one full third part of the cleer annual Profits of the said Office the necessary charges to be expended in and about the Execution thereof being
first deducted And the said Lord Lieutenant or other chief Governour or Governours of Ireland are hereby required to cause all the moneyes so as aforesaid received to be issued out and paid from time to time to such person or persons as his Majestie already hath appointed or hereafter shall appoint And it is further declared That an acquittance or receipt signed with the sign manual of the said Lord Lieutenant or other chief Gouernour or Governours of Ireland shall be for so much as is therein contained a sufficient discharge unto the said Sir John Percival his heirs Executors and Administrators and every of them And for the more just regulation of proceedings in this Office the Commissioners for Execution of this Act are hereby impowered and required to Administer an Oath to the said Sir John Percival and all others who shall be imployed in any ministerial Office or imployment relating to the service of this Act in these words following You shall sweare that you shall well and truely execute the place of _____ according to the best of your skil and knowledge and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will so help you God And whereas there is one clause contained in the said former Act in these words following And for the better prevention of all future Rebellions and to the end our good Subjects of Ireland may be likewise secured against all Insurrections or attempts for the time to come and the said Kingdom be the better planted and improved Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other chief Governour or Governours and Council of Ireland for the time being from time to time and at all times hereafter during the space of seven years to be accompted from the first day of May One thousand six hundred sixty five to make and establish such rules orders and directions for the better planting with Protestants the Lands by this Act vested in His Majesty and not appointed to be restored to innocent persons And for the better regulation of Cities walled Towns and Corporations and the electing of Magistrates and Officers there and to inflict such penalties for the breach thereof as they in their wisdom shall think fit so as the penalties for breach of the rules of plantation do not extend further than to treble the Quit-rents due for the lands which shall be planted otherwise than those rules shall direct the said penalties to continue and be yearly paid to the King His Heirs and Successors till the said Rules of plantation be performed and thenceforth the rent by this Act reserved to be onely payable and so as the penalty for breach of the rules to be made touching Corporations do not extend further than to the removeall or disfranchisement of such persons as shall be found guilty of the breach thereof which Rules Orders and directions so as aforesaid to be made shall be as good and effectuall in Law to all intents and purposes as if the same had been established by authority of this present Parliament and shall remain continue and abide in force for such and so long time as in and by the said Rules Orders and directions shall be limited and appointed And whereas some doubt doth arise whether the Lord Lieutenant Chief Governour or Governours and Council of Ireland for the time being may make and establish Rules Orders and directions for the better regulating of such Cities walled Towns and Corporations as have been anciently incorporated or onely for the better regulating such corporations as shal or may hereafter be created according to the Tenor purport of His Majesties Gracious Declaration for the Settlement of His Kingdom of Ireland and satisfaction of the severall interests of Adventurers Souldiers and other his Majesties Subjects there for the cleering whereof Be it further Enacted and it is hereby declared and Enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same that it shall and may be lawfull to and for the Lord Lieutenant or other chief Governour Governours and Council of Ireland for the time being from time to time and at all times to come during the space of seven years to be accompted from the nine and twentieth day of September One thousand six hundred sixty five to make and establish such Rules Orders and Directions for the better regulating of all Cities Walled Towns and Corporations both new and old and such as shall be created within this Kingdom and the electing of Magistrates and Officers there and to inflict such penalties for the breach thereof as they in their wisdom shall think fit so as the penalties for breach of the Rules Orders and Directions to be made touching such Corporations do not extend further than to the removeall and disfranchisement of such persons as shall be found guilty of the breach thereof and such Rules Orders and directions so to be made as aforesaid shall be as good and effectual in law to all intents and purposes as if the same had been specially and particularly established by Authority of this present Parliament and shall remain continue and abide in force for such and so long time as in the said Rules Orders and Directions shall be limited and appointed any thing in the said Act or otherwise to the contrary thereof in any wise notwithstanding And whereas the Officers and Souldiers who served in Ireland since the fifth of June One thousand six hundred forty nine and the Connaght purchasors for the better furtherance and management of their common interest have by their humble address represented the necessity of raising of monies and supplicated leave for so doing as was formerly granted to the Adventurers and their Assigns in the like case and least some of the said Officers and Souldiers or some of their respective Assigns may prove to be refractory in paying and allowing their just proportions of money for the said ends and for defraying of the publique charge there about it being nevertheless very expedient that a service of such a publique and common advantage should be equally born by all persons concerned therein Be it therefore Enacted by the Authority aforesaid that the said Officers and Souldiers and Connaght purchasors their Heirs and Assigns shall allow satisfie and pay such sum and sums of money as Arthur Earl of Anglesey Roger Earl of Orrery the Lord Vice Count Conway Lord Kingston Sir John Skeffington Baronet Sir Thomas Clarges Knight Sir Thomas Stanley Knight Sir Richard Kerle Sir William Petty Doctor Robert Gorges Henry Nicoll John Brett and Miles Cooke Esq or any three or more of them meeting at Dublin the first Thursday in Hillary Term One thousand six hundred fifty and five or any other Term after at the
Act Colonel John Fitz Patrick of Castle-Town in the Queens County is restored in blood and also restored unto and vested in the real and actual possession and seizin to him and his Heirs of all and every the Castles Mannors Lands Tenements and Hereditaments reversions remainders and Leases whereof the said Colonel John Fitz Patrick or his Father or any other in trust for them or either of them or to their use were at any time before the two and twentieth of October One thousand six hundred forty one Lawfully seized or possessed upon which words Seized or possessed some doubt or question in law may arise how far the said clause may avail the said Colonel Fitz Patrick by reason that a certain Office or Inquisition was found in the nineteenth year of King James by which His Majestie is or may be intiled or presented to be intitled to the whole Territory of Upper Ossery within which place the Lands intended to be restored to the said Colonel John Fitz Patrick do lye and so by consequence the seizin and possession thereof which was in the said Colonel John Fitz Patricks Grandfather at the time of the said Office or Inquisition found may be from the said nineteenth year of King James conceived to have been in the Kings Majestie and not not in the said Colonel Fitz Patricks Grandfather or any other in trust for him although he or some of them were then in the Actual possession and occupation thereof and received the profits Be it therefore Enacted and explained by the Authority aforesaid that the said Colonel John Fitz Patrick shall hold and enjoy to him and his Heirs the full benefit of the clause and provisoe in the said former Act contained the said Office of Inquisition or any other matter or thing in the said former Act or this present Act to the contrary notwithstanding And it is hereby declared and Enacted that all and every the Adventurers and Souldiers their Heirs and Assigns to whom any Lands or Tenements in the Queens County were set out and allotted and whereof they were possest the seventh of May One thousand six hundred fifty and nine the Lands of the said John Fitz Patrick excepted shall hold and enjoy such part of the said Lands and Tenements as will be due to them by the Rules of this Act the said Office or Inquisition in the nineteenth year of King James to the contrary notwithstanding Provided alwaies that all and singular the Clauses in the said former Act contained wherein or whereby any Mannors Lands Tenements or Hereditaments are granted to or vested in Theobald Earl of Carlingford or whereby any other benefit or advantage can or may accrue unto the said Earl of Carlingford shall be and are hereby again confirmed and shall be enioyed by the said Earl of Carlingford in as full and ample manner as in the said Act is contained any retrenchment change or other alteration thereof made by the Lord Lieutenant and Council of Ireland and any other clause matter or thing in the said former Act or this present Act contained to the contrary thereof in any wise notwithstanding Provided alwaies and it is hereby declared and Enacted That Sir Richard Ingoldsby Knight of the Bath and Sir Henry Ingoldsby Baronet shall hold enjoy to them and their Heirs all and singular the Lands within and contiguous to the Mileline in the County of Clare which were set out to them or either of them in satisfaction of fifteen hundred and fifteen pounds eleaven shillings two pence with their Houses and Gardens in Limerick and also all and every their Lands of which they or either of them were possessed by themselves or their Tenants the seventh of May One thousand six hundred fifty and nine such part of the Premisses onely excepted as have been Decreed away by the Commissioners for Execution of the said former Act any thing in this or the said former Act contained to the contrary notwithstanding And Whereas Captain Henry Finch late of Londonderry Deceased in pursuance of a Commission from Sir William Parsons and Sir John Birlacy sometimes Lords Iustices of Ireland did in the moneth of November One thousand six hundred forty one levy and Arm a Company of Foot consisting of One hundred Men besides Officers in the County of the City of Londonderry and maintained the said Company for three years at his own charges and continued in the command of the said Company against the Rebels from the moneth of November One thousand six hundred forty one until the moneth of October One thousand six hundred forty and eight and was then disbanded without receiving any the least satisfaction and yet nevertheless the arrears due to the said Henry Finch for his service before the fifth of June One thousand six hundred forty nine have not been cast up nor stated by the Commissioners for Execution of the said former Act partly by reason of some doubt conceived that the said Company was not upon the establishment of the Ulster Army Whereas in truth the said Company was received into the said establishment though the Order whereby the same should be made appear could not then be produced and partly by reason of other accidents Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and before any distribution made of the Houses lands Tenements Hereditaments or summs of money herein before appointed for the security and satisfaction of such Commissioned Officers as served before the fifth of June One thousand six hundred forty nine cast up and state the arrears which were due to the said Henry Finch Deceased for the service aforesaid and that after the arrears so stated William Finch and Henry Finch Sonns and Administrators of the said Henry Finch Deceased shall be satisfied and paid and are hereby Enabled to demand and receive satisfaction equally and proportionably having respect to the arrears stated and in like manner as any other Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine and whose arrears are stated and allowed by the Commissioners for Execution of the said former Act may or ought to be satisfied and as fully and amply as if the arrears which were due to the said Henry Finch Deceased had been stated and allowed within the time limited by the said former Act any thing in the said former Act or this present Act contained to the contrary notwithstanding And whereas Alice Countess Dowager of Barrimore would have been lawfully intitled unto the payment of and satisfaction for the several respective arrears which were due unto David late Earl of Barrimore ber Husband and to James Barry her son deceased as Commissioned Officers for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Dennis Muschampe Esq would
have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to Agmondisham Muschamp Esq his deceased Father as Lieutenant of the Ordinance in Munster and a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty and nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Sir Alexander Keith Knight would have been lawfully intitled to the payment of and satisfaction for the Arrears due to Lieutenant Colonel George Keith as a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been stated and allowed within the time limited as aforesaid And whereas also Captain John Annesley served in Ireland as a Commissioned Officer before the fifth of June One thousand six hundred forty nine and ought to be satisfied and paid the Arrears due to him for such service if the same had been timely stated and allowed as aforesaid And whereas also Margery Symmes the relict of Major John Symmes would have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to the said Major John Symmes her deceased Husband as a Commissioned Officer for service done in Ireland before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said former Act And whereas also Colonel Robert Broughton and Widow Cooper late wife of Josuah Cooper Major in Sir Foulke Huncks Regiment would have been lawfully intitled to the payment of and satisfaction for the Arrears which were due to them the said Robert Broughton and Josuah Cooper for service done in Ireland before the fifth of June One thousand six hundred forty nine that is to say from the four and twentieth of May One thousand six hundred forty two until the six and twentieth of January One thousand six hundred forty three if the same had been duely stated so farr and allowed within the time limited by the said Act And whereas Horatio Woodhouse Brother and Administrator of Sir Michael Woodhouse would have been lawfully intitled unto the payment of and satisfaction for the arrears which were due to him the said Sir Michael Woodhouse for service done in Ireland as a Commissioned Officer before the fifth of June One thousand six hundred forty nine if the same had been duely stated and allowed within the time limited by the said Act which several arrears could not be stated or allowed within the time limited by the said former Act for stating arrears by reason that the Commissioners for Execution of the said former Act was streightned in time when they entred upon that worke and by reason of some other accidents which did intervene Be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and before any distribution made of the Securities set apart for the satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine cast up and state the respective arrears which were due to David late Earl of Barrymore James Barry Agmondisham Muschamp and Lieutenant Colonel George Keith and Captain John Annesly Major John Symmes Colonel Robert Broughton and Josuah Cooper and Sir Michael Woodhouse for service as aforesaid and after the arrears so stated the said Alice Countess of Barrymore Denny Muschamp Sir Alexander Keith Captain John Annesly Margery Symmes Colonel Robert Broughton and Widow Cooper and Horatio Woodhouse respectively shall be satisfied and paid for all and every the respective arrears to which they are mentioned to be intitled as aforesaid as fully amply and in like proportion and manner as any other Commissioned Officer who served before the fifth of June One thousand six hundred forty nine ought to be and as if the said respective arrears had been stated and allowed within the time limited by the said former Act any thing in this or the said former Act to the contrary notwithstanding Provided alwayes and be it Enacted That all and singular the lands Tenements and Hereditaments in the Barony of Imokelly in the County of Cork granted or mentioned to be granted by his Majestie in and by certain Letters Patents under the Great Seal of Ireland bearing date _____ unto Sir Henry Tint Deceased which have not been Decreed away by the Commissioners for the Execution of the said former Act shall be held and enjoyed by the Lady Mabel Tint relict of the said Sir Henry Tint for and during her life and after her Decease by the Son and Heir of the said Sir Henry Tint and his Heirs during the estate granted by the said Letters Patents and that where any of the lands in the said Letters Patents mentioned have been evicted or hereafter shall be evicted by virtue of any Decrees made by the said Commissioners it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governours and Council there for the time being to make and Order such proportionable Defalcation of the Rent reserved in and by the said Letters Patents as they in their judgement shall think fit and such Order of Defalcation enrolled in His Majesties Court of Exchequer shall be as good and effectual as if it had been Enacted by these presents any thing in the said Letters Patents or this Act to the contrary notwithstanding Provided also and be it Enacted That Francis Lye of Rathbride Esq Son of John Lye Deceased shall hold and enjoy to him and his Heirs all and singular the lands Tenements and Hereditaments situate in the County of Kildare or elsewhere in the Kingdom of Ireland granted or mentioned to be granted in and by certain Letters Patents under the Great Seal of Ireland bearing date the tenth day of May in the fifteenth year of His Majesties Raign and not since Decreed away by the Commissioners for Execution of the said former Act in as full and ample manner as in and by the said Letters Patents is mentioned any thing in this or the said former Act to the contrary notwithstanding And Whereas Nicholas Lord Vice-count Nettervill who claimed an estate Call to him and the Heirs males of his body of and in certain lands in Ireland was by the Commissioners for Execution of the said former Act adjudged nocent but the younger Brothers and Sisters of the said Lord Vice-count have by the judgement and Decree of the said Commissioners recovered their several and respective remainders expectant upon the Death of the said Lord Vice-count without issue Male and also their several and respective portions chargeable on the estate of the said Lord Vice-count and by reason thereof were intitled to the present possession of the said estate in order to the satisfaction of their respective portions and when the said portions should be satisfied Edward Smith Esq
estate did or might have received upon the sale of the lands in Connaght to which he or they were transplanted shall be paid unto the Receivers herein after constituted and appointed who shall account for and pay the same over unto Arthur Earl of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being And that the said Arthur Earl of Anglesey or the Vice-treasurer of Ireland for the time being shall thereout issue pay these several summs following That is to say To Morough Earl of Inchequin the full summ of Eight thousand pounds sterling as a marke of His Majesties favourable gracious consideration of the losses and sufferings of the said Earl To John Lord Berkeley the summ of four thousand pounds To Charles Lord Vice-count Fitz Harding Treasurer of His Majesties House-hold the summ of two thousand pounds To Henry Coventrey Esq Groom of His Majesties Bedehamber the summ of two thousand pounds To Colonel William Legg the like summ of two thousand pounds in full satisfaction of all the right and interest which they the said Henry Coventrey or William Legg can or may have of in or to any fractions of od aeres pounds shillings or pence in or by the said former Act reserved to His Majestie and by this present Act released and discharged as aforesaid To Colonel Edward Villiers the summ of One thousand pounds To Elizabeth Terrill Wife of Sir Tymothy Terrill the summ of three thousand pounds To Colonel Marmaduke Darcy the summ of three thousand pounds To Sir Connel Farrell the summ of two thousand pounds To Colonel Daniell Treswell Captain of His Majesties Guard of Battle Axes the summ of One thousand pounds Sir William Armorer the summ of five hundred pounds Nicholas Bayly Esq the summ of two thousand pounds Thomas Lynch the summ of One thousand pounds And if any more moneyes shall arise out of the premisses than will be sufficient to discharge the respective summs herein before mentioned the same shall remain in His Majesties Exchequer at Dublin to be further applyed and disposed as His Majestie being informed thereof shall direct and appoint And whereas the Towns and lands of Shamaclone Garons-Brury Garrane Lishanacone Ballifoukin Ballimoran Balliwillin in the Barony of Conello and County of Limerick and also fifteen hundred acres in Garundenny in the Barony of Slewmargye in the Queens County were allotted to Charles Lloyd Esq now Sir Charles Lloyd Baronet as an Adventurer for lands in Ireland the rents issues and profits of which lands have notwithstanding by Samuel Avery and other Adventurers been wrongfully received or in the hands of the Tenants of the said lands detained Be it therefore Enacted and it is Enacted by this present Parliament That the said Sir Charles Lloyd shall have receive and recover all and singular the rents issues and profits of the said lands remaining in the hands of the respective Tenants thereof or in the hands of their Executors or Administrators which have grown due since the lands were allotted as aforesaid any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding And it is here by further Enacted and ordained by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore Sir Richard Bellings Knight unto the present and actual possession of all and singular the Mannors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments interests conditions powers of Redemption right and title whatsoever in the said Kingdome of Ireland which Sir Henry Bellings Knight Grandfather to the said Sir Richard Bellings and Richard Bellings Father of the said Sir Richard Bellings 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 and that from and after such Restitution as aforesaid the same shall be granted by Letters Patents and settled upon and confirmed unto the said Sir Richard Bellings the Grandsonn and his Heirs and Assignes for ever This present or any other Act Ordinances Order Vtlary Attainder Record or any other matter cause or thing to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That John Lord Kingston shall hold and enjoy to him and his Heirs for ever all and every the Lands Tenements and Hereditaments in the said former Act ratified and confirmed unto him and all other the benefits and advantages of the said Act the Lands Decreed away by the Commissioners and the full benefit of reprizals and the Lands herein granted or confirmed unto Charles Lord Vice-count Fitz Harding formerly granted to Charles late Lord Vice-count Fitz Harding Earl of Falmouth onely excepted as fully and amply and with the like Confirmations Privileges Immunities and exemptions as any adventurer or Souldier by this or the said former Act may or ought to hold and enjoy any of the Lands whereof they or any of them respectively were possessed the Seaventh day of May One thousand six hundred fifty nine and as if the several clauses and provisoes in the said former Act on that behalf had been in this Act particularly recited and Enacted and shall also have hold and enjoy to him and his Heirs for ever all and every the Towns Lands Tenements and Hereditaments given granted and confirmed or mentioned to be given granted and confirmed unto him in and by His Majesties Letters Patents under the Great Seal of England bearing date at Westminster the five and twentieth day of January in the sixteenth year of His Majesties Raign And that the said Letters Patents and all clauses and things therein contained shall be and are hereby ratified and confirmed and shall be taken most beneficially to and on the behalf of him the said Lord Kingston his Heirs and Assignes according to the tenor and purport thereof to all intents and purposes and as if the same Letters Patents and every clause therein had been in this Act fully and at large recited and particularly Enacted but in case the Lands in the said Letters Patents mentioned which shall be possessed and enjoyed by the said Lord Kingston and not recovered or granted away from him by this or the said former Act shall exceed the present cleer yearly rent of Seaven hundred pounds and two full third parts of all the Lands recovered against him the said Lord Kingston by any Decrees herein confirmed then such overplus shall be reconveyed to such as the Commissioners for Execution of this Act shall appoint And be it also Enacted in case the said Lands shall not be sufficient That then the Commissioners or such person or persons as are or shall be appointed for Execution of this Act doe and shall forthwith cause to be set out and delivered unto him the said
that after such Restitution made the said Charles Farrell shall hold and enjoy the same to him and his Heirs Subject nevertheless to the quit-rents by this or the former Act imposed and lyable to all and singular the statutes Mortgages Debts Charges and all other the Acts and Incumbrances whatsoever of him the said Charles Farrell or his Father any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall out of such forfeited lands as shall remain undisposed after all the English interests herein provided for shall be satisfied set out and allot unto Frances Darcy widow so much land as shall be of like yearly value as the lands which she the said Frances Darcy formerly held or ought to have held for her joincture to be held and enjoyed by the said Frances Darcy during her life any thing herein before contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the summ of Four thousand five hundred pounds due for service done in Ireland before the fifth of June One thousand six hundred forty nine unto Arthur Lord Vice-count Ranelaugh by Debentures already stated and allowed by the Commissioners for Execution of the said former Act shall be paid and satisfied out of the securities thereunto lyable by this present Act unto Richard Earl of Burlington and Cork Lord High Treasurer of Ireland Arthur Earl of Anglesey Roger Earl of Orrery and Sir John Skeffington Baronet and the Survivors and Survivor of them and that they and the Survivors and Survivor of them and the Heirs of the Survivor shall have hold receive and enjoy to his and their Heirs all and singular the Mannors lands Tenements and Hereditaments and all other the satisfaction whatsoever or of what nature or kind soever which shall or may be hereafter appointed allotted or otherwayes set out and Assigned for the satisfaction of the said Four thousand five hundred pounds Nevertheless in trust to and for the onely use benefit and advantage of Frances Jones and Elizabeth Jones Daughters of the said Arthur Lord Vice-count Ranelaugh their Executors and Assignes and to and for no other use intent or purpose whatsoever any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted that all Leases terms and estates which upon the three and twentieth of October One thousand six hundred forty one did not exceed three lives or one and thirtie years and are forfeited to or vested in His Majestie whereof or whereupon the next and immediate Reversion or Remainder doth or shall appertain to any innocent Protestant be and are hereby declared to be ceased determined null and void any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That nothing in this present Act nor in the former Act shall be taken or any wayes construed to weaken or make void all or any of the right title and claim which Lawrence Hide of Henton-Dawbney in the County of Southampton Esq hath by virtue of any Statute Staple Mortgage or otherwise unto the Towns and Town Lands of Ballihenukin Knockanammy and part of Chancellors-town in the Barony of Iffa and Offa and the lands of Quarter-cross parcel of the town and Lands of Clare nor unto two acres great Countrey measure in Burdens-Grange in the Barony of Middle-third in all containing about eight hundred acres lying and being in the County of Tipperary but that it shall and may be lawful to and for the Commissioners for Execution of this Act to examine the right and title of him the said Lawrence Hide of in and to the said lands and Tenements or to any summ of money which can or may be levied thereupon and to make such Order and Decree for the said Lawrence Hide or his Assignes to hold and enjoy all and singular the premisses until he or they shall be fully satisfied and paid the moneys to him due as aforesaid together with what interest shall be due for the same as they shall think fit any thing in this Act or in any former Act to the contrary notwithstanding And whereas Colonel Christopher O Bryen was appointed by His Majestie in his late gracious Declaration to be restored unto his estate as one who in an especial manner had merited his Maiesties Grace and favour and was afterwards in pursuance of His Majesties Orders put into possession thereof by the Sheriff of the County of Clare in which County the said estate doth lye notwithstanding which if the same should be strictly examined according to the Rules of the said former Act It may be doubted whether such delivery of possession were legal and whether the lands so delivered do not still remain Subject to the uses of the said former Act and this present Act And whereas the said Christopher O Bryen is lately Dead without issue and all his estate right title and interest descended unto and upon Morogh Earl of Inchequin his next and immediate Brother and Heir Be it therefore Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto the said Morogh Earl of Inchequin and his Heirs the present and actual possession of all and singular the Castles Houses Mannors Lands Tenements and Hereditaments which the said Colonel Christopher O Bryen or any other in trust for him or to his use had held or enjoyed upon the two and twentieth day of October One thousand six hundred forty one or at any time since the lands Tenements and Hereditaments formerly belonging to the said Christopher O Bryen and now in the possession of Peirce Creagh excepted which are hereby granted and confirmed unto the said Peirce Creagh and his Heirs and shall likewise set out and allot unto the said Earl of Inchequin and his Heirs so many acres more of undisposed and forfeited lands as may be equal in quantity of acres to the said lands held by the said Peirce Creagh and from and after such restitution and allotment so made as aforesaid the said Morogh Earl of Inchequin shall hold and enjoy to him and his Heirs all and singular the messuages lands Tenements and Hereditaments so as aforesaid restored and allotted and all and every the persons transplanted into and upon any part of the premisses their Heirs and Assignes shall have such satisfaction out of the forfeited lands undisposed of to English Protestants as the Lord Lieutenant and Council of Ireland shall think fit after the several interests of His Majesties Protestant Subjects in Ireland have been fully satisfied and settled according to this Act any thing in this or the said former Act contained to the contrary notwithstanding And whereas Sir Thomas Sherlock Knight Deceased was in his life time a very dutifull and Loyall Subject and from the time of the first
said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith restore unto Patrick Archer Merchant all and singular the Lands Tenements and Hereditaments which he or any other person or persons in trust for him had held or enjoyed upon the Two and twentieth of October One thousand six hundred forty one the respective Adventurers or Souldiers their Heirs or Assigns now in possession thereof or claiming the same being first satisfied their respective shares and proportions and for their several and respective improvements which will be due to them by the rules of this Act And from and after such restitution so made as aforesaid the said Patrick Archer shall hold and enjoy to him and his Heirs all and singular the Lands Tenements and Hereditaments so to be restored Any thing in this or the said former Act contained to the contrary notwithstanding And whereas upon the passing of certain Letters Patents under His Majesties Great Seal of England bearing date the eight day of April in the Fourteenth year of His Majesties Reign unto Richard Earl of Clanrickard and his Heirs an use was therein limited or some other provision thereby made for the better securing unto Charles late Lord Vice-count Muskry the sum of Ten thousand pounds by the yearly payment of Two thousand pounds sterling per annum for and during the term of five years next ensuing the date of the said Patent And forasmuch as it may so fall out by reason of sundry emergent occasions that the payments thereby secured may not be fully compleated within the said term of five years according to the true intent and meaning of the said Letters Patents Be it therefore Enacted by the Authority aforesaid That the term of five years in the said Letters Patents mentioned shall be and is hereby enlarged unto the term of three years more next after the said five years ended and determined and that if the several payments in and by the said Letters Patents intended to be secured shall be made and determined within the time hereby enlarged the same shall be as good and effectual in Law as if they had been made within the said five years and that in all other uses limitations matters and things the said Letters Patents and every Clause and Article therein shall be as good and effectual in Law and of like force and effect as the same were before the making of this Act Any thing in this or the said former Act contained to the contrary notwithstanding And to the end that no person or persons who is or shall be restored or intitled unto or confirmed in any Messuages Mannors Lands Tenements or other Hereditaments by virtue of any Clause in this Act contained or by virtue of any Letters Patents Grant Restitution or other Disposition or Allotment herein made or hereafter to be made in pursuance of this Act may by pretense of such new title avoid the payment of any just debts to which they or their respective Testators or Ancestors were or ought to have been lyable Be it therefore Explained and Enacted by the Authority aforesaid That all and every person and persons their Heirs and Assignes having and holding or claiming to have and to hold any messuages Mannors Lands Tenements and Hereditaments as aforesaid shall be and are hereby made Subject unto and charged with all and singular the Debts and summs of money now due and owing by them or any other person or persons whose Heirs Executors or Administrators they are and under whom they claim their several and respective allotments as Heir Executor or Administrator whether the same Debts be due and owing by virtue of any specialty or matter of Record and that all and every the messuages lands Tenements and Hereditaments so held and claimed as aforesaid shall be held and accompted as Assets in Law and are hereby declared to be Assets for and towards the satisfaction and payment of all such Debts to which the first takers thereof are in their own right or as Heirs Executors or Administrators of any other person or persons made lyable by this Act any thing in this or the said former Act or any other Law matter or thing to the contrary notwithstanding Provided alwayes and be it further Enacted That the Heirs or Assignes of Charles late Earl of Mountrath shall have hold and enjoy all such Lands Tenements and Hereditaments which were settled upon or granted unto the said late Earl by any Letters Patents of the late Vsurped Powers whereof he was in possession the seventh of May One thousand six hundred fifty and nine except such as have been decreed or shall be by this Act or restored unto the Irish Proprietor for which he or they shall forthwith have the like quantitie of profitable Acres set out unto him or them respectively and that all the Lands Tenements and Hereditaments and other the advantages by this or the said former Act intended to be given granted or confirmed unto the said late Earl of Mountrath his Heirs or Assignes shall stand and remain disposed and divided among and between the now Earl of Mountrath the relict and younger Children of the said late Earl subject and lyable unto such limitations uses debts portions and legacies as are expressed and contained in a decree made by the Lord Lieutenant and Council bearing date the _____ day of October One thousand six hundred sixty and three any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Audley Mervin Knight Speaker of the House of Commons Sir George Lane Kt. Clerke of the house of Lords Philip Ferneley Esq Clerke of the House of Commons and other the attendants on either of the said Houses do claime certain Fees to be due and payable to them for every Bill containing any grant or restitution of any forfeited Lands to any person or persons Bodies Politick or Corporate their heirs or successors touching the ascertaining whereof and giving due remedy for the recovering of the same some provision was made in and by a clause in the said former Act in which clause the Speaker of the House of Lords and the Clerke of the Council of Ireland are not mentioned Be it therefore explained and Enacted by the Authority aforesaid That the Speaker of the house of Lords and Clerke of the Council of Ireland shall be deemed and adjudged to be comprehended in the said clause and that the said Speaker and Clerke of the Council and Sir Audley Mervin Sir George Lane Philip Ferneley and others mentioned in the said clause contained in the said former Act be paid by such person and persons Bodies Politick and Corporate their Heirs and successors who receive any grant of or Settlement in any forfeited Lands Tenements or Hereditaments by virtue of or in pursuance of this Act or of the said former Act not set out to them in satisfaction
assigned shall be and are hereby vested in his Majestie his Heirs and Successors and discharged of the uses or trusts in this or the said former Act expressed any thing in this or the said former Act or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the fifty four persons herein after named That is to say The Earl of Westmeath the Lord Vice-count Ikerryn The Lord Baron of Dunboyne The Lord Baron of Trymletstown The Lord Baron of Upper-Ossory The Lord Bermingham Baron of Athunry Colonel Richard Butler Sir Richard Barnwell Baronet Sir Redmund Everard Baronet Sir Dermott O Shagnussey Knight Master Edmund Fitz Gerald of Balymalo Master Thomas Butler of Killcomell Master _____ Macnemarra of Crevagh Master David Power of Kibolane Master Donnogh O Callaghan of Clonmeen Master Barnard Talbott of Rathdown Conly Geoghegan of Donore who were mentioned amongst the thirty eight persons in his Majesties late Gracious Declaration and were restored after reprizalls set out and for whom no provision hath yet been made and also the Heirs of Sir Lucas Dillon Knight the Heirs of Sir Valentine Blake Baronet Sir Robert Talbott Knight Sir Richard Blake Knight Doctor Gerrard Fennell Geoffry Browne John Browne of the Neale John walsh Thomas Terrill Edmund Dillon Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourke of Derry-Maclaghney Thomas Arthur Esq Doctor in Physick Gerald Fleming of Castle-Fleming and Bartholemew Stackpoole Esquires who were also mentioned in the said former Act to be restored to their former estates as aforesaid and for whom no provision hath yet been made And also the Lord Baron of Brittas Master Tute Sonn to Andrew Boy Tute of Cullanmore in the County of Westmeath Esq Master _____ Walsh Heir of David Walsh of Bally-Beaghan in the County of Tipperary Esq Sir Edmund Bourke Baronet Sonn to Sir Vlick Bourke of Giusk in the County of Roscomon Baronet Deceased Sir Thomas Esmond Baronet Sir Lucas Dowdall Knight Sonn of Lawrence Dowdall of Athlumney in the County of Meath Esq Master _____ Walsh Heir of Walter Walsh of Castle Hoyle in the County of Kilkenny Esq Edward Wall of Ballinikill in the County of Catherlagh Esq Master _____ Butler Sonn of Theobald Butler Sonn of James Butler of Derry-Luscan in the County of Tipperary Esq James Tobyn of Killaghee in the County of Tipperary Esq Richard Butler of Ballinikill in the County of Tipperary Esq Philip Purcell of Ballyfoyle in the County of Kilkenny Esq Sir Edmund Fitz Gerald of Clanlish in the County of Limerick Baronet Peirce Walsh of Abbey Owhney in the County of Limerick Esq John Power of Doneile in the County of Waterford Esq Peirce Power of Money Largy in the County of Waterford Esquire William Brabazon the Heir of Anthony Brabazon of Balinaslo in the County of Roscomon Esq Daniel O Brien of Dnogh in the County of Clare Esq Lord Vice-count Iveagh Sir Edward Fitz Harris of Clogh-Notefoy in the County of Limerick Baronet John Cantwell of Mokarky in the County of Tipperary Esq and their Heirs and Assignes shall by the Commissioners for Execution of this Act be restored unto their severall and respective principall Seats That is to say unto their severall and respective principal Messuages Houses or Castles Kilmedan and the lands thereunto belonging excepted or in case they have severall Messuages Houses or Castles to such of their severall messuages Houses or Castles Kilmedan and the land thereunto belonging excepted as they shall respectively choose within two months after the first sitting of the Commissioners for Execution of this Act and unto two thousand acres of land thereunto adjoyning if they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their or any of their use were seized or possessed of so much upon the two and twentieth of October One thousand six hundred forty one and were thereunto lawfully and rightfully intitled And in case they or any of them their or any of their Ancestors or any other in trust for them or any of them or to their use were not seized or possessed upon the two and twentieth of October One thousand six hundred forty one of two thousand acres as aforesaid then unto so much thereof as they were seized or possessed of as aforesaid and which lyes contiguous to their respective principall Seats and if any of the four and fifty Persons herein before named shall be found to be in possession of any messuage and lands thereunto adjoyning which to them or any of them did rightfully belong upon the said two and twentieth day of October One thousand six hundred forty one and the lands so possessed shall be found to exceed the quantity of two thousand acres it shall and may be lawfull to and for the Lord Lieutenant or other Cheif Governour or Governours of Ireland and Councill there for the time being to cause so much thereof as shall exceed the quantity of two thousand acres to be retrenched and cut off in such way and manner as they shall think fit and the land so retrencht shall remain and be vested in His Majestie to the end that the same may be further disposed to the uses of this Act And for the better support of such of the four and fifty Persons herein before named who shall not have two thousand acres near adjoyning and lying contiguous unto his and their respective Seats to which they are to be restored or having two thousand acres shall not be thought to be thereby sufficiently provided for It is further declared and Enacted That it shall and may be lawfull to and for the Lord Lieutenant or other Chief Governour and Governours of Ireland and Council there for the time being upon due consideration had of the several and respective cases and merits of the persons aforesaid to direct and appoint the Commissioners for Execution of this Act to set out and allot or cause to be set out and allotted unto any of the persons aforesaid or their Heirs so much of the forfeited lands which shall remain undisposed after the several Protestant interests herein before provided for shall be satisfied as the said Lord Lieutenant or other Chief Governour or Governours Council shall think fit Provided alwayes That nothing herein contained shall extend to restore or intitle the said Sir Thomas Esmond Baronet to the possession of any Messuages Mannors lands Tenements or Hereditaments whereof George Duke of Albemarle is now in possession by himself or his under-tenants or any wayes intitled thereunto but that the same shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assignes any thing herein before contained to the contrary in any wise notwithstanding Provided also That if any person or persons shall within the space of six monthes next after the Royal assent to this Bill actually given alleage before the
him the said John Neile for the Houses in Waterford whereof his Father was seized and possessed the two and twentieth of October One thousand six hundred forty and one any thing in the said former Act or this present Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall restore unto Sir Luke Bath Baronet and his Heirs all the Castles Houses Mannors Lands Tenements and Hereditaments Rents Reversions or Remainders Right Title Interest and Estate whatsoever which he the said Sir Luke Bath or his deceased Father James Bath or any other in trust for them or either of them or to their or either of their use was seized or possessed on the two and twentieth day of October One thousand six hundred forty one except the houses and lands within the City of Dublin and Liberties thereof and also except all Impropriations and Appropriate tythes which said Mannors Lands Houses and Hereditaments so as aforesaid to be restored shall after such restitution be held by the said Sir Luke Bath and his Heirs and Assignes and shall be subject to such Quit-rents Services and other payments as the same are made lyable unto by this Act and would have been charged with in case the same had continued in the possession of any the Adventurers or Souldiers or of their or any of their Heirs or Assigns And it is hereby Declared and Enacted That the Commissioners for Execution of this Act shall forthwith set out and allot unto the said Sir Luke Bath and his Heirs so much forfeited lands in lieu of the said houses and lands in Dublin formerly belonging to him the said Sir Luke Bath or his Father and to which he is not to be restored as may be sufficient to reprize him the said Sir Luke Bath and his Heirs for the houses and lands aforesaid And the said Commissioners are also to set out and allot unto His Royal Highness James Duke of York and his Heirs so much other forfeited lands as may be equal in value worth and purchase for what he hath in Custodiam of the Estate of Sir Luke Bath and that the Adventurers and Souldiers and the Officers who served before the fifth of June One thousand six hundred and forty nine and all other who are possest of or intitled unto any of the estate of the said Sir Luke Bath according to this Act shall be likewise reprized in two full third parts of the value of their respective interests before the said Sir Luke Bath be restored to such part of his estate from whence they are to be removed Any thing in this Act or the former Act or any other Law Statute Ordinance Vtlary Attainder Record Sequestration Allotment or any other cause matter or thing to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall forthwith and without staying for any previous reprizal restore unto Garret Moor of Mourueene in the County of Mayo Esq His Heirs and Assigns all and every the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title Condition and other Interest and Estate whatsoever which he the said Garret or his Father or any other in trust for them or either of them or for either of their uses had held possessed or enjoyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and that after such restitution and in lieu and satisfaction thereof the Commissioners do likewise with all convenient speed set out and allot or cause to be set out and allotted unto the Adventurers and Souldiers their Heirs Executors and Assigns respectively who shall be removed to make way for such restitution their several and respective two third parts out of some other undisposed forfeited Lands Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act do forthwith and without staying for any previous Reprizal restore unto Edmond Lord Vice-count Mountgarret his Heirs and Assigns his and their principal and Capital Messuage with the appurtenances and shall also forthwith restore unto the said Edmond Lord Vice-count Mountgarret his Heirs and Assigns all and singular other the Messuages Mannors Castles Lands Tenements Reversions Remainders and other Hereditaments Right Title Condition and other Interest and Estate whatsoever which he the said Edmond Lord Vice-count Mountgarret or his Father or any other in trust for them or either of them or for either of their uses had held possessed and enioyed or ought to have had held possessed or enjoyed on the two and twentieth of October One thousand six hundred forty one and whereof no Adventurer or Souldier nor the Heir Executor Administrator or Assignee of any Adventurer or Souldier is now in possession Impropriations or Appropriate tythes onely excepted And that all and every the Lands Tenements and Hereditaments whereof the said Edmond Lord Vice-count Mountgarret or his Father or any other person or persons in trust for him or to his use were seized or possest on the said two and twentieth day of October One thousand six hundred forty one and which are now in the possession of any Adventurer or Souldier or of the Heir Executor Administrator or Assignee of any Adventurer or Souldier shall after their several and respective full two third parts to them set out and allotted out of other forfeited and undisposed lands in satisfaction of their several and respective interests be likewise set out and allotted unto and placed in the possession of him the said Edmond Lord Vice-count Mountgarrett and his Heirs any thing in this or the said former Act to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith restore unto Colonel Lucas Taaffe and Elizabeth his Wife all and singular the Ioinctures portions lands Tenements and Hereditaments and other interest whatsoever which the said Elizabeth or any other in trust for her or for her use had or ought to have had held possessed or enjoyed the two and twentieth of October One thousand six hundred forty one or at any time since any thing in this Act or any other Act contained to the contrary notwithstanding Provided Nevertheless that no reprizable Souldier Adventurer Officer serving before the fifth of June One thousand six hundred forty nine or Protestant Purchasor in Connaght or Clare be removed out of any part of the premisses which they are to have by the rule of this Act before they be first reprized for the same according to the said rules And be it further Cnacted by the Authority aforesaid That Richard Earl of Burlington and Corke Lord High-treasurer of Ireland his Heirs and
Assignes in the distribution and setting forth of the securitie appointed for the satisfaction of the arrears of the Commissioned Officers who served your Majestie and your late Royal Father in Ireland before the fifth of June One thousand six hundred forty nine shall have the preference preemption of all the forfeited houses lands tenements and Hereditaments in the town of Youghill or the liberties thereof belonging unto and which are part of the said securities at the rate of Eight years purchase as they are or shall be found to be really and Bonâ Fide worth and that Arthur Earl of Anglesey Vice-treasurer of Ireland his heirs and Assignes shall have like preference and preemption of all the forfeited houses lands tenements and hereditaments in the town of Rosse in the County of Wexford or the liberties thereof belonging unto and which are part of the said securities at the rate of eight years purchase as they are or shall be found to be really and Bonâ Fide worth and if any doubt or difficulty shall arise concerning the value of the said houses or lands so as the Trustees for the said Officers shall not be satisfied with the return already made of the value of the same that in such case upon the desire and request of the said Trustees there shall be a new Survey and valuation of the said towns liberties thereof by such persons as shall be appointed by the Commissioners for the Execution of this Act by and with the consent of the said Trustees according to which return the said Houses Lands Tenements and Hereditaments are to be sold and not otherwise And in case the said Earls their Heirs and Assignes or any of them shall offer unto the said Commissioners for the execution of this Act any Debentures of Officers who served as aforesaid before the fifth of June One thousand six hundred forty nine for or in part of payment for all or so much of the said Houses and premisses in the said several towns as shall be by them respectively contracted and agreed for that the same shall be allowed and the said Commissioners are hereby authorized and required to accept and receive the same for all or in part of the purchase money so as the said Debentures are capable of prior satisfaction and there has been such Deductions and defalcations made as are directed by this Act and the said former Act and shall not be accepted to satisfie more in the pound than the whole security will hold out to satisfie the Debentures of the rest of the said Officers the said Commissioners are also required authorized to give such certificates as are necessary for the passing of Patents thereof according to the rules of this Act. And whereas there is a Lease granted of a House in Dublin called Corke house with the appurtenances unto the Right Honourable Richard Earl of Corke and Burlington by the name of Richard Earl of Corke Lord High-treasurer of Ireland from James Margetson Doctor of Divinity Treasurer of the Cathedral Church of St. Patricks Dublin by the approbation of the Archbishop of the same Diocess and in obedience to his Majesties Letters of Recommendation to that purpose dated the twentieth of July One thousand six hundred sixty and confirmed by the several Deans and Chapters both of the Holy Trinity Dublin and St. Patricks Dublin bearing date the three and twentieth of January One thousand six hundred sixty for the term of forty years from the Feast of the Nativity of our Blessed Saviour then last past which was made upon good and valueable considerations Be it therefore Enacted and it is hereby Enacted and ordained by the Authority aforesaid That the said Richard Earl of Cork and Burlington his Executors and Assigns shall and may have hold and enjoy the said house with the appurtenances mentioned in the said Lease for and during the years therein mentioned at the Reservations thereby reserved Any thing in this Act or any other former Act or Statute to the contrary notwithstanding Provided alwayes and be it Enacted That all and singular the Lands Tenements and Hereditaments which Arthur Lord Vice-Count of Valentia and Earl of Anglesey hath purchased from any person or persons in actual possession thereof by virtue of any Grant Order or Disposition of the late Vsurped Powers or any of them the Lands and Tenements Decreed away by the Commissioners for the execution of the said former Act onely excepted shall be settled and are hereby granted and confirmed unto him his Heirs and Assigns and he and they shall have hold and enjoy the same and that for such of the said estates or any part thereof as have or hath been Decreed away as aforesaid or shall be decreed away in pursuance of this Act by the Commissioners appointed or to be appointed for the execution thereof the said Earl His Heirs and Assigns shall forthwith be fully reprized for the same and without any Retrenchment by the said Commissioners by so much forfeited lands as may be sufficient to make up and supply unto the said Arthur Earl of Anglesey his Heirs and Assigns what was or is granted or intended to be granted by the said Act or by this Act And the said Earl his Heirs and Assigns shall have hold and enjoy all other the benefits and advantages in and by the said former Act given granted or provided or intended to be given granted or provided to or for the said Earl his Heirs or Assigns Any thing in the said former Act or in this present Act or otherwise to the contrary notwithstanding And be it further Explained Declared and Enacted by the Authority aforesaid That all and every payment and payments sum and sums of money which are and shall be made by any Adventurer Officer and Souldier Connaght-Purchasor Irish Papist Popish Recusant Roman Catholick or others out of or for any of the said forfeited vested or escheated Lands Tenements Hereditaments and Estates by virtue or in pursuance of His Majesties said Declaration Instructions the said former or this present Act or by all every or any of them to or for any use or uses intent end or purpose therein respectively mentioned expressed declared limited or appointed Excepting onely the Quit-Rents and other Chief-Rents reserved and payable unto His Majestie His Heirs and Successors and such other sums as are herein otherwise directed to be paid shall be paid for the said uses intents and purposes into the hands of John Bence and Alexander Bence Esquires or either of them who are hereby constituted and appointed joyntly and severally to collect and receive the same and to be Collectors and Receivers thereof by themselves or their Deputy or Deputies respectively whose Acquittance or Acquittances Receipt or Receipts for the said several and respective payments sum and sums of money being entred and signed as after is directed shall be firm valid effectual and sufficient discharges in Law for the same respectively And to the end our