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

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forwardness of all the rest of their Brethren in contributing One half years full value of the profits arising of the said lands as aforesaid set out for their respective Adventures and Arrears to be paid in One year towards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for and suffered with Vs And that several of the Adventurers having expressed their own willingness and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness in consideration of Our Grace and Favour in the aforesaid Settlement One other half years Rent more of full value to be paid in One other year We cannot but declare Our Acceptance of such their free and kinde offer and when a Bill shall be tendred unto Vs upon the accompt and for the ends aforesaid it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve And We do lastly declare That Protestant Plantations shall be settled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the land so to be settled on the Adventurers and Souldiers in such manner as by the Commissioners to be nominated and directed by Vs shall be set down Provided always That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dublin in the year One thousand six hundred forty one nor to any person or persons that sate as Iudges in the pretended High Court of Iustice upon the life of Our Royal Father of blessed memory or who sentenced Him or signed or sealed the Warrant for Execution or who were of the Guard of Halbertiers assisting to put the Bloody Sentence of Death in Execution upon the 30. of January One thousand six hundred forty eight Provided lastly and it is hereby declared That this Declaration or any thing therein contained shall not extend to confirm the disposition or setting out to any Adventurer Soldier or other person any of the Lands Tenements or Hereditaments belonging before the 23. of October 1641. to any City or Sea-Town Incorporated but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Favour and the Adventurers Souldiers or others who have any of the said Lands Tenements or Hereditaments set out unto them shall be Reprized in like manner as is provided for them in other cases by this Declaration Given at Our Court at Whitehall the 30. day of November 1660. In the Twelfth Year of Our Reign Signed CHARLES R. INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour Richard Earl of Cork Lord High Treasurer of Our Kingdome of Ireland Our right trusty and right well beloved Cousins and Counsellours Edward Lord Viscount Conway and Kilulta Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Kingdome Hugh Lord Viscount Montgomery of the Ardes Master of Our Ordinance in Our said Kingdome and John Lord Viscount Massereene Our right trusty and well beloved Counsellour Francis Lord Angier John Lord Kingston Richard Lord Baron of Caloony Sir James Barry Knight Lord Chief Justice of Our Court of Chief Place James Donelan Esq Lord Chief Justice of Our Court of Common Pleas John Bysse Esq Lord Chief Baron of Our Court of Exchequer Sir Henry Tichburn Knight Sir Robert Forth Knight Sir James VVare Knight Thomas Pigot Esq Master of Our Court of Wards and Liveries Col. Arthur Hill and Col. Marcus Trevor Our trusty and well beloved Sir Francis Hamilton Knight and Baronet Sir Arthur Forbes Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir Richard Lane Baronet Sir Paul Davys Knight Sir George Lane Knight Sir John Stephens Knight Sir VVilliam Domvile Knight Our Atturney General Sir Allen Brodericke Knight Our Surveyor General Sir Audley Mervin Knight Our chief Serjeant at Law John Temple Esq Our Solicitor General Col. John Ponsonby Henry VVarren and Dudley Cooley Esqs Serjeant Major George Rawden Dr. VVilliam Petty James Cuffe and Thomas Browne Esquires Our Commissioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November One thousand six hundred and sixty C. R. WHEREAS by Our said Declaration of the thirtieth of November One thousand six hundred and sixty We have made provision for the Settlement of Our Kingdome of Ireland and Satisfaction of the several Interests of Adventurers Souldiers and others Our Subjects there which we are minded to put in effectual Execution We have therefore hereby nominated you or any five or more of you whereof two of the persons following to be alwayes present viz. Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Realm Our Trusty and well beloved Counsellour Sir James Barry James Donelan Esq and John Bysse Esq Sir James Ware Our Atturney and Solicitor General Our Commissioners for the putting in Execution the matters and things therein contained according to the Tenor of these following Instructions You are to cast up the whole Debt and Demand of the Adventurers as well those that are satisfied as those that are in part or in whole deficient as also all the forfeited Lands assigned to or for the said Adventurers according to the Survey commonly called Doctor Petty's Down Admeasurement And the said Demands and Lands you are to compare together and what the said Lands fall short of satisfying the said Adventurers according to the Rates Measures and Proportions of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine so much of the forfeited Lands in the County of Lowth in the Province of Leinster except the Barony of Atherdee you are to set apart for satisfaction of the said Adventurers And if the said forfeited Lands shall fall short of satisfying the said Adventurers you are then to add the forfeited Lands undisposed by Our said Declaration in the County of Catherlogh And if those shall fall short then the Lands remaining undisposed of in the County of Kildare to supply all the said Adventurers deficiencies And if those Lands fall short then you are apart other forfeited Lands in some convenient place for the end aforesaid And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers and satisfying their deficiencies ascertaining their respective proportions You are to cause publick Proclamation to be made within the respective Counties Cities Baronies and places in Ireland thereby directing each Adventurer his Assignee or Assignees or his or their Agent or Agents sufficiently authorized that hath received any satisfaction in Land for his Adventure within forty dayes after such Proclamation to deliver unto you in
Inquisition in the time of his Royal Father for vesting Land in the Province of Connaught or any other matter or thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That Maurice Keating Esq Son and Heir of Edmond Keating of Norraughmore in the County of Kildare Esq shall and may have hold and enjoy to him and his heirs all and every the Manors Towns Villages Lands Tenements and Hereditaments in the Kings County purchased by or in trust for his said Father before the three and twentieth day of October One thousand Six hundred Forty one from John Carrol Esq if the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council thereupon hearing the parties concerned shall think fit to adjudge the same accordingly any thing in this Act or in any other Act contained to the contrary thereof notwithstanding Provided always and be it further Enacted That Theobald Lord Viscount Taaff Earl of Carlingford shall have hold possess and enjoy to him and his Heirs all those the Lands Manors Tenements and Hereditaments in the County of Lowth whereof the said Theobald upon the first day of August in the year One thousand six hundred sixty one was possessed or were set out assigned or granted to the said Theobald by way of Custodium or otherwise in Order to a further Settlement thereof to and on the said Theobald and his heirs for and in lieu of the Estate of Coloony in the County of Sligo and also that the said Theobald shall have and enjoy to him and his heirs the Manors Lands Tenements and Hereditaments whereof Christopher Taaff of Bragganstown and Theophilus Taaff of Cookestown or either of them or any of their Ancestors or any other person or persons to their use or in trust for them or any of them stood seized or possessed upon the two and twentieth day of October One thousand six hundred forty one all and singular which premisses the said Theobald Lord Viscount Taaff Earl of Carlingford shall hold to him and his heirs at and under the same or like Tenures Rents and Services as the Officers and Souldiers by this Act are to hold any thing in this Act contained to the contrary notwithstanding And whereas Your Majesty by your Letters Patents under Your Great Seal of England bearing date the eight day of April in the year of our Lord One thousand six hundred sixty two and in the Fourteenth year of Your Majesties Reign was graciously pleased to grant to Richard Earl of Clanrickard and his Heirs the Honours Castles Lordships Seigniories Abbeys Abbey-lands and Impropriate Tythes Lands Tenements and other Hereditaments to the uses and in such manner as is therein mentioned Provided therefore That this Act or any thing therein contained shall not extend to or be construed to extend to vest in Your Majesty Your Heirs or Successors any Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes or other Lands Tenements or Hereditaments whatsoever which are granted or intended or mentioned to be granted by the said Letters Patents any thing in this Act contained to the contrary notwithstanding And be it Enacted by the Authority aforesaid That all and singular the Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes Lands Tenements and other Hereditaments whatsoever which are granted or intended or mentioned to be granted in or by the said Letters Patents shall be immediately without any previous Reprizal or other Incumbrance whatsoever vested setled and established and are hereby vested setled established in the said Richard Earl of Clanrickard his heirs to and for the uses intents purposes in such manner as is expressed set forth in by the said letters Patents to no other use intent or purpose or in any other manner whatsoever that the said Richard Earl of Clanrickard and his Heirs shall and may have hold occupy and enjoy the same to the Vses Intents and Purposes and by and under the Rents and Services in and by the said Letters Patents mentioned and reserved and by no other Rents or Services any thing in this Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or any cause matter or thing had made transacted or done to the contrary notwithstanding Saving to all manner of persons Bodies Politick and Corporate other then Your Majesty your Heirs and Successors and such as shall or may claim from by or under Your Majesty and other then such whose Estate would have vested or been in Your Majesty by the general scope words or intent of this Act if the above-Proviso were not had made inserted or mentioned in this Act and other then such who had held or were possessed of any of the Lands Tenements or Hereditaments by the said Letters Patents granted by or under any defeazable Right Title or Estate and other then such as shall or may pretend or claim any Right or Title thereunto in prejudice of any the Vses limited in and by the said Letters Patents by descent or by virtue of any Estate or Remainder in Tail from any the late Earls of Clanrickard all and every the Right Title Estate and Interest Nevertheless it is hereby declared and enacted That such persons their Heirs and Assigns to whom any of the lands belonging to the said Earl of Clanrickard have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first lands that shall come unto his Majesty in the Province of Connaught and County of Clare either by restoring of any persons to their Estates who were formerly Transplanted or otherwise any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid that the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being by and with the consent of the Privy-Council shall have full power and Authority to erect another College to be of the Vniversity of Dublin to be called by the Name of The Kings College out of all and every the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by vertue thereof to raise a yearly allowance for ever not exceeding Two thousand Pounds per annum by an equal charge upon every One thousand Acres or lesser quantities proportionably and therewith to endow the said College which said College so as aforesaid to be erected shall be setled regulated and governed by such Laws Statutes Ordinances and Constitutions as his Majesty his Heirs or Successors shall under his or their Great Seal of England or Ireland declare or appoint Provided nevertheless and be it Enacted by the Authority aforesaid That Robert Boyl Esq his Executors Administrators and Assignes shall and may for and during the term of Thirty one years have hold and enjoy all and singular the impropriations
to them and every of them their sufficient Warrant and Discharge And whereas we not apprehending that we should arrive at a Settlement of Our Kingdom of Ireland so soon and with so general Satisfaction to all Interests as we have done did upon the petitions of several persons asserting their Innocence grant Our Letters for the re-possessing such Petitioners of their former Estates or any part thereof which Letters may possibly not answer to Our said Declaration and Instructions which now We look upon as the positive and fundamental Rule for the Settlement of that Our Kingdome the Chief Governour and Governours of that Our Kingdom for the time being and Our Privy Council there are therefore in executing the contents of such Our Letters to observe the same as they shall fall under Our several Rules in Our said Declaration and agreeable to the same and as in these Our Instructions are more particularly expressed and not otherwise For your pains and labour herein and for the pains and labour of such Sub-Commissioners as you shall imploy as aforesaid We do hereby authorize you to ask demand and receive from every Adventurer Souldier or other persons his or their Heirs or Assigns now in possession or to be put in possession of any Houses Lands Tenements or Hereditaments one penny for every Acre of land as admeasured assigned or set out to him or them for ascertaining their respective possessions and likewise for every one to be reprized an Estate worth Twenty Pounds per annum the sum of Ten Shillings and after the same Rate for greater or smaller Reprizes and for every Certificate for Lands to be possessed the sum of Ten Shillings and one penny in the pound for every Debenture that shall be satisfied by you and for the Clerks and Officers to be imployed by you and the contingent Charges relating thereunto that the same be paid out of the moneys that shall be received of the Rents due and payable out of the Securities appointed for the Officers before One Thousand Six Hundred Forty and Nine In the ascertaining stating and setling of any sum or sums of Money Debentures Certificates or Decrees for Arrears Adventures publick Debts Reprizes or other allowed Interests pursuant unto Our said Declaration You are to strike off and deduct all Fractions of odd Pounds Shillings and Pence and likewise in the ascertaining and setting out of the respective Proportions of Lands which shall be setled or granted in satisfaction of any of the aforesaid Interests You are to strike off and deduct all Fractions of odd Acres Roods and Pearches taking care that there be not above the one hundred part of any such sum or sums of Money or proportions of Lands respectively deducted from any one person without his own consent and that you do keep an exact and particular accompt of all the said Deductions in Money or Lands and cause the same to be satisfied as intirely as may be in such convenient proportions and in such places as the chief Governour or Governours of Our said Kingdom for the time being shall appoint which proportions are to be reserved to be disposed of unto such use or uses as We Our Heirs or Successors shall appoint The aforesaid Adventurers and Souldiers being satisfied and the Reprizes made and the several business finished as before is directed you are to deliver up your Books not before in these Instructions otherwise disposed of unto Our Auditor General of that Our Kingdome of Ireland and Duplicates of the same to Our Surveyor General in their Offices to remain as of Record In the management of which said Trust you are from time to time as the case shall require to give an accompt to Our Chief Governour or Governours for the time being and Our Council in Ireland of your Proceedings and to observe and follow such further directions as you shall from time to time receive from Vs or from them pursuant to this Act. And for the more due and impartial execution of Our said Declaration and these Instructions it is Our will and pleasure That no Commissioner or other person imployed acting in this Service shall till the Work be finished purchase by themselves or others in their behalf or to their Vse or in Trust for them or any of them any of the Lands Tenements and Hereditaments that are to be setled confirmed reprized or restored by virtue of Our said Declaration but shall before they enter upon this Trust respectively give in Lists under their Hands of such Lands Tenements and Hereditaments as they are Intituled to or possest of to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being who are to take care for the observing this instruction And you are hereby further required to Reprize John Lord Viscount Massareene and his Heirs with an Estate of like yearly Rent in the Province of Leinster to that of which he stands seized in the Barony of Dunluce in the County of Antrim and to cause Our Letters dated the Eighteenth day of December One thousand six hundred and Sixty and the Fourteenth of August One thousand Six hundred Sixty and one to be put into speedy execution for the full satisfaction of the said Lord Massareene to all intents and purposes which being done you are then to cause the said Estate whereof the said Lord Massareene is seized in the Barony aforesaid to be delivered to Daniel O Neil Groom of Our Bed-Chamber in satisfaction for an Incumbrance of a much greater value wherewith the Barony of Dunluce set out to the Adventurers stands charged for the behoof of the said Daniel O Neil And for the better satisfaction of the Lord Massareene for the Estate of Henry O Neil of Killelaugh in the County of Antrim Esq which he is also to part from You are likewise out of the Forfeited Lands in the County of Dublin to Reprize the said Lord Massareene and his Heirs with an Estate of equal value worth and purchase to that which the said Lord Massareene stands now seized of and which did formerly belong to the said Henry O Neil to hold to him the said Lord Massareene and His Heirs which being done you are then to deliver to the said Henry O Neil the Estate formerly belonging to him whereof the said Lord Massareene is seized as aforesaid as an Adventurer Nevertheless the said several Adventurers shall be subject to such Deductions as other lands according to the Rules of His Majesties Declaration and Instructions and this present Act reserving alwayes liberty and licence to the said Lord Massareene to place and be satisfied on the said deductions such sum of Money as the deductions before mentioned shall amount unto out of what shall be due to him for deficiencies Incumbrances or Arrears before the year One thousand Six hundred Forty and Nine the Arrears to be in such case and manner and at such Rates as are allowed to others before the said year One thousand Six hundred
is hereby further Enacted and Declared That it shall and may be lawful to and for all and every the Adventurers upon the said Ordinances their Heirs and Assignes to receive so much of the Over-plus of those Lands which have been allotted to them in Satisfaction of their said Adventures and shall be sufficient to satisfie and make good any Deficiencies of other Adventures any Right of Recompence or Satisfaction for Incumbrances intended to be satisfied out of the County of Kildare or any Arrears of pay before the year One Thousand Six Hundred Forty Nine due by Debentures for the aforesaid British Army to the said Adventurers their Heirs or Assigns or any of them or purchased by them or any of them and to be satisfied according to the same Rules and Rates with the other Arrears before One Thousand Six Hundred Forty Nine And be it further Enacted and Declared by the Authority aforesaid That if it shall happen that any Adventurer or the Heir or Assignee of any Adventurer shall be possessed of any Lands by Concealment false Admeasurement or by pretence of the Doubling Ordinances over and above what will satisfie the principal moneys advanced upon the said Ordinances according to Irish measure as aforesaid and shall not have any Deficiencies Incumbrances or Arrears to place thereupon or be otherwise intituled to retain the same That then and in such case the Lands to be cut off or taken away from such person or persons shall as near may be be taken away and cut off in such Parts and Proportions as lie most contiguous and so as the person or persons to be removed from such Over-plus as aforesaid may still retain and keep the benefit of his and their respective Improvements And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Commissioners to be appointed by his Majesty for the Execution of the Declaration and Instructions and this present Act to proceed in the Execution of their Commission from time to time against all and every person and persons now having or in this or in any other Parliament hereafter to be held claiming to have any Priviledge and against all and every the Lands Tenements and Hereditaments and other the premisses whatsoever hereby vested in his Majesty his Heirs and Successors or charged or chargeable with any yearly Rent or other sums or payments whatsoever to be issuing out of the same and all Rules Orders Iudgements and Decrees of the said Commissioners made in pursuance of and according to the Declaration and Instructions and this present Act and all other Process and Proceedings whatsoever for the better leavying of any Rents or sums of money charged or chargeable as aforesaid shall be obeyed and executed forthwith as fully and amply against all and every person or persons and all and every their Lands Tenements Goods and Chattels as the same ought to have been if no Parliament had been then sitting and all Officers and Ministers of Iustice and all other persons whatsoever any way aiding and assisting in the Execution thereof shall be and are hereby indemnified and saved harmless any priviledge of Parliament or other immunity or exemption to the contrary hereof in any wise notwithstanding Provided alwayes and be it further Enacted and Ordained That the several Grants and Letters Patents made unto Sir Maurice Eustace Knight Lord Chancellor of Ireland Edward Vernon Esq Michael Lord Bishop of Cork and Sir George Lane and all and singular other the Letters Patents whereby any of the premisses hereby vested have been given or granted by his Majesty unto any other person or persons Bodies Politick or Corporate under the Great Seal of England or under the Great Seal of Ireland before the Thirtieth day of November One thousand six hundred and sixty or since the 30. day of November One thousand six hundred sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual dated before the said Thirtieth day of November One thousand six hundred and sixty shall be and are hereby ratified and confirmed and shall be deemed taken to be good valid and effectual in the Law according to the tenor and purport thereof against the Kings Majesty his Heirs and Successors and against all persons Bodies Politick and Corporate whose rights are not saved by this Act any thing in this Act contained to the contrary hereof in any wise notwithstanding Nevertheless it is hereby Enacted and Declared That all and singular the Lands and Tenements given and granted or mentioned to be given and granted in and by the several Letters Patents herein before confirmed shall be and remain and continue subject to such Rents and Payments and shall be held by such tenures and services as any other lands intended to be confirmed by his Majesties gracious Declaration or Instructions or by this present Act ought to yield pay render or perform And in case any of the aforesaid Grants or Demises be made at a less Rent than such a proportion of Acres ought to pay according to this direction then a Survey being first taken an addition is to be made to the reserved Rent of so much as will equal it therewith and make it agreable to this Rule without any further prejudice to the said Grants or Demises Saving to all and every person and persons Bodies politick and Corporate their Heirs Executors Successors and Assigns other than to the Kings Majesty his Heirs and Successors and other then to such person or persons Bodies politick and Corporate who by the Qualifications in this Act expressed shall not be adjudged innocent and other then to such person or persons who shall or may claim to the use of or in trust for them or any of them and other then to John Blackwell his Heirs and Assigns and those claiming by from or under him them or any of them any Estate or Interest of in or to the Manor Town or Island of Clantraffe or any part thereof All such Estate Right Title and Interest of in or to the several Lands and Tenements in and by the said Letters Patents respectively granted or mentioned to be granted as they or any of them have or ought to have the same as fully and amply to all Intents and Purposes as if this Act had never been had nor made And Be it further Enacted That all Letters Patents whatsoever whereby any of the premisses hereby vested have been given or granted under the Great Seals of England or Ireland respectively since the Thirtieth of November One Thousand Six Hundred and Sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual Dated since the said Thirtieth day of November One Thousand Six Hundred and Sixty shall be and are hereby Ratified and Confirmed and shall be held and enjoyed in like manner and under the like Rents and Payments Tenures and Services and subject to the like Saving of Rights
William Pen shall be forthwith reprized to the full yearly value worth and purchase of the Lands by him heretofore possest and according to the value of the said Lands in the Barony of Muskry whereof he hath been dispossest in order to the Restitution of the Earl of Clancarty at the time of his Surrender and his Improvements of the same and for the Arrears of Rents quitted to the said Earl as also for the Rent that would or might become due until the said Sir William Pen shall be possest of a full Reprize as aforesaid out of such forfeited Lands and Possessions as he now holdeth as Tenant to His Majesty in the said County of Corke so far as the same will extend thereunto and in case of Defect or Restitution of any of the said Lands the same to be made up out of other forfeited Lands of a good and clear Title and unincumbred with the first that shall be reprized And if the Title of any of the Lands by which he shall be so reprized shall be defective or that the said Lands be liable to Incumbrances that forthwith upon Discovery of the same his Reprize shall be made up fully by other forfeited Lands of a clear Title and free from Incumbrances and so from time to time till the said Reprize be compleated as aforesaid And whereas there was formerly intended to be setled on the Orphans of Colonel Owen O Connely particularly mentioned in the Declaration Lands to the value of Two Hundred Pounds per annum as a Recompence for the Fathers Services performed in the Discovery of the Rebellion which begun the Three and Twentieth of October One Thousand Six Hundred Forty One Be it therefore Enacted by the Authority aforesaid That the Commissioners to be appointed for the Execution of this Act shall and are hereby impowered to set out for the use of Arthur and Martha O Connely Orphans of the said Owen O Connely their Heirs and Assigns out of the Forfeited Lands of Murragh Leestown Westperstown Bernonstown Artaine Bremore alias New Haven in the Baronies of Balruddery and Conlocke or elsewhere in the County of Dublin an Estate of the value of Two Hundred Pounds per annum which Estate of Two Hundred Pounds per annum so to be set out for their use shall be chosen out of such of the aforesaid Lands as are Forfeited for the best conveniency of the Orphans under the like Rents and Tenures and with the like Benefit of Reprizals in case of Restitution Removal or Incumbrance as Adventurers are to have by virtue of this present Act Which Lands so to be set out as aforesaid are to be setled upon the said Orphans their Heirs and Assigns in such manner and proportions and according to such Rates and Values as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint Provided always That neither this Act nor any thing therein contained shall be construed or extend to prejudice Anne Marchioness Dowager of Clanrickard her Right unto any the Lands or Hereditaments setled upon her for her Ioynture but that the said Marchioness of Clanrickard her Tenants and Assigns shall forthwith enter into possess and enjoy the said Lands and Hereditaments according to her Title unto the same in the same manner and form as she and they might have done if this Act had not been had nor made this Act or any thing therein contained notwithstanding Provided always That neither this Act nor any thing therein contained shall be construed to prejudice the Grant made by his Majesties late Father of ever Glorious Memory unto George Lane Esq in Trust for Sir George Hamilton of the Lands Tenements and Hereditaments whereof John Draycot of Mornonstown in the County of Meath Esq attainted of High Treason and since deceased was seized or some other person or persons in trust for him or to his use in the Year One Thousand Six Hundred Forty One but that the same shall be of such and no other effect as if this Act had not been made Provided also and be it Enacted by the Authority aforesaid That Captain William Hamilton of Lough Currine in the County of Tyrone his Heirs and Assigns be forthwith satisfied for all such Arrears as upon stating thereof shall appear to rest due unto him either in his own Right or as Heir Executor Administrator or Assigne to others for his or their respective Services in the War of Ireland Out of the Lands Tenements or Hereditaments lately belonging or reputed to belong unto Sir Phelim O Neile of Kinard Knight lying and being in the Barony of Dungannon in the County of Tyrone according to the Rates of Ten Years purchase free Rent over and above all Incumbrances and Reprizes whatsoever subject nevertheless to the like Rents Payments Tenures and Services as either the Lands of Officers who served before June One Thousand Six Hundred and Forty Nine are subject unto within that Province And if in case the said Lands Tenements and Hereditaments belonging unto the said Phelim O Neile at the Rate aforesaid shall not amount to a full Satisfaction of the said Arrear or Arrears then the remaining part of such Arrear or Arrears shall be satisfied and set forth to him the said William Hamilton his Heirs or Assigns out of the Forfeited Lands Tenements and Hereditaments lying and being in the Baronies of Ardagh and Grannard in the County of Longford at the like rate and in like manner as aforesaid any thing in this Act contained to the contrary in any wise notwithstanding Provided alwayes That such forfeited and unrestorable lands within and contiguous to the Mile-Line in the County of Clare that were set out unto Sir Richard Ingoldsby Kt. of the Bath and Sir Henry Ingoldsby Baronet or either of them in satisfaction of one thousand five hundred and fifteen pounds eleven shillings and two pence with their now dwelling Houses and Gardens in Limrick of which they or either of them were possessed by themselves or Tenants the Seventh of May One thousand six hundred fifty nine in consideration of their great Expence by improvement on the premisses be hereby vested setled and assured in and upon them their Heirs and Assigns for ever they or either of them delivering up to the Lord Chancellor of Ireland who is hereby impowered to receive the same so many Debentures for Pay due to Officers before One thousand six hundred forty nine as at the rate of Twelve shillings Six pence in the Pound shall amount unto the full sum of Two thousand Pounds in lieu of the said One thousand five hundred and fifteen pounds the same to be held and enjoyed by such Tenures Rents and Services as other Lands and Houses set out for Services in the year One thousand six hundred forty and nine are or shall be held by this present Act. And in case they shall be dispossessed of any of the said Houses or Lands by virtue of the Declaration
and persons their Heirs Executors or Assigns as do or may claim to the use of or in trust for them or any of them and other than to such person and persons their Heirs Executors and Assigns who shall not be adjudged innocent according to the Qualifications of this present Act all such Estate Right Title and Interest either in Law or Equity as they or any of them had before the making of this Act any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That the Lands Tenement and Hereditaments now in the possession of George Duke of Albemarle or his Assigns which are or shall be confirmed to him his Heirs and Assigns by or in pursuance of this or any other Act of this Parliament or any other Grant from his Majesty his Heirs and Successors shall be continue and remain to him his heirs and assigns for ever to be held in free and common Soccage as of his Majesties Castle of Dublin by Fealty and the yearly Rent of Ten pounds payable at the Two most usual Feasts in the Year viz. Saint Michael the Arch-Angel and our Lady Day by Two most equal Portions at his Majesties Receipt of the Exchequer and freed and discharged from all other Rents Accompts or other Services to his Majesty his Heirs or Successors any thing in this or any other Law Statute or Ordinance to the contrary in any wise notwithstanding Provided also and be it Enacted That the Town of Mollingar in the County of Westmeath with all the houses Castles Tenements Lands and Commons thereunto belonging and forfeited to his Majesty be and they are hereby settled upon Sir Arthur Forbess Baronet and his heires for ever according to a Grant thereof passed unto him by Letters Patents under his Majesties Great Seal of Ireland bearing Date the Seven and Twentieth day of July in the Thirteenth year of his said Majesties Reign And whereas some doubt may arise upon the words of that Clause relating to the satisfaction of such Commissioned-Officers their heirs or assigns who were in Regiments Troops or Companies raised in Ireland or Transported out of England and served his late Royal Majesty of Glorious memory or his now Majesty in the Wars in Ireland at any time before the Fifth day of June One thousand six hundred forty nine whether provision be thereby made for satisfaction of the Arrears due to James Duke of Ormond Robert Earl of Leicester according to their several Commands they bore in the said Kingdom of Ireland Be it therefore Enacted by the Authority aforesaid That all and several Arrears due to the said James Duke of Ormond and Robert Earl of Leicester or either of them by or upon all or any their Entertainments or Allowances according to their Commands aforesaid be and shall be satisfied out of the lands Tenements and Hereditaments and other securities by this present Act laid out and ascertained for the satisfaction of such Officers unto the said Duke and Earl their Heirs or Assigns according to the same rate and in the same manner as such Arrears by this present Act are to be satisfied any Clause or thing in this Act to the contrary notwithstanding And for the better satisfaction of Robert Southwel of Kingsale in the Kingdom of Ireland Esq the sum of Seven hundred pounds by him heretofore furnished for the supply of Our Fleet in the year One thousand six hundred forty eight being then in the Port of Kingsale aforesaid Be it therefore Enacted by the Authority aforesaid That the Forfeited Lands late the freehold and inheritance of Philip Barrioge lying in the Liberty of Kingsale and Barony of Kinalea in the County of Cork in the said Kingdome of Ireland situate lying and being in the several Plow-lands and Places herein after mentioned One Plow-land called Rincorran One Plow-land called Raghmore and one Plow-land called Preehaus lying in the liberty of Kingsale one half of a Plow-land called Toghermeshim half a Plow-land called Currentry Leshane half a Plow-land called Knocknenaffe half a Plow-land called Ballineclashy and one quarter of a Plow-land called Ballinvallin lying and being in the Barrony of Kinelea in the County of Cork all containing by estimation One thousand Three hundred Seventy and two Acres as also parcel of the forfeited lands of James Melliphont videl One Plow-land called Southwaters land wherein is the place called Cilly and Bensons Cow containing about One hundred and Sixty Acres and lying and being in the said liberty of Kingsale be held and emoyed by the said Robert Southwel His Heirs and Assigns in satisfaction and full recompence of his said Debt to hold the same to the said Robert Southwel his Heirs and Assigns for ever subject nevertheless to the like Rents and Services and with like benefit of Reprizal in case of restitution as any adventurer ought to have and also with like benefit or reprizal in case the same be due to any Adventurer or Souldier by virtue of this Act any thing in this present Act contained to the contrary notwithstanding Provided alwayes and be it Enacted by this present Parliament and by the Authority of the same That the Lord ships of Templetown Mooretown and Mouclogh in Cowly in the Diocess of Ardmagh the Lordship of Kilsaran the Rectories of Monasterboies Desert Clougegan and the Lands and Hereditaments of Terman Feigham Doulier and Downam or by what other Name or Names they or any of them are known or called with their and every of their appurtenances shall be and are hereby settled and vested in William Legge Esq one of the Grooms of his Majesties Bed-Chamber his Executors and Assigns for the term of Ninety nine Years to be accompted from the determination of one or more lease or leases heretofore made unto Sir Thomas Plunket Lord of Lowth or to any other person or persons under such Yearly Rents and services as any Adventurers ought to pay within the Province where the premisses do lye unless the Rent formerly reserved were greater in which case the highest Rent is to be paid And whereas there was set out and assigned unto Colonel Carey Dillon certain Lands Tenements and Hereditaments within the Mile-line of Connaught and Clare in satisfaction of a small part of his Arrears due unto him for Service in Ireland before the Fifth of June One thousand six hundred forty nine and by the Declaration confirmed unto him Be it therefore hereby further Provided and Enacted by the Authority aforesaid That the said Carey Dillon his Heirs Executors Administrators and Assignes shall and may receive for the remainder of his Arrears unsatisfied for Service in Ireland before the Fifth of June One thousand six hundred forty nine farther and equal satisfaction with other the Commissioned Officers that shall or are to receive satisfaction for their respective Arrears due before the said Fifth of June One thousand six hundred forty nine by virtue of this Act any thing in this Act contained to the contrary in
of the Lands aforesaid as were set out upon the Ordinance commonly called The Doubling Ordinance over and above the money paid thereon are not intended to be hereby confirmed to the said John Lord Kingston and his Heirs without delivering up or discharging such Receipts or Certificates of deficient Adventurers or such part of his own his late Fathers Arrears or other Debentures for Service in Ireland before the Fifth day of June One thousand six hundred forty and nine provided for by this Act as shall amount unto the value or sum for which such proportion of Lands were or are to be set out to Adventurers in the Province of Leinster but that upon delivering up or discharging such Certificates Receipts or Debentures amounting to such sum or value the said Lands and every part thereof are hereby ratified and confirmed as aforesaid and shall stand remain and be unto the said Lord Kingston his Heirs and Assigns for ever And be it further Enacted by the Authority aforesaid That for all such Lands and Tenements claimed by the said Lord Kingston set out to or possessed by Adventurers Souldiers Transplanted or Transplantable persons their Heirs or Assigns on the said Seventh day of May One thousand six hundred fifty and nine whereof George Lord Baron of Strabane Sir Henry Talbot Sir William Dungan and Thomas Harman Esq or any other former or other proprietor is are or shall be possessed or restored unto he the said Lord Kingston his Heirs and Assigns shall be speedily and effectually reprized for the same out of such Lands and Hereditaments of the like yearly Rents and Profits in the Counties of Dublin Cork and Kildare or some of them as the said lands so possessed restored or to be restored are now worth to be letten any thing in this Act contained to the contrary notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid That nothing in this Act contained shall extend to vest in his Majesty his Heirs and Successors the forfeited Lands Tenements and Hereditaments in the Counties of Westmeath and the Kings County whereof Sir Hardress Waller Isaac Ewer or any of them or any other person or persons in Trust for them or any of them or claiming by from or under them or any of them were on the Seventh of May One thousand six hundred Fifty nine seized or possessed but that the same and every of them shall be and are hereby vested in Francis Lord Angier and his heirs subject to the like Tenures Rents Services and Payments as any Adventurers within that Province wherein the Forfeited Lands hereby granted do lie are subject unto and with like benefit of Reprizal in case of Restitution or Incumbrance as any Adventurer ought to have any thing herein contained to the contrary in any wise notwithstanding Provided also and be it Enacted That all and every sum and sums of money due unto John Lord Kingston Richard Lord Baron of Coloony Sir Theophilus Jones Sir Oliver St. George Sir John Cole and Chidley Coote Esq for their respective Arrears for Service in Ireland before the Fifth of June One thousand six hundred forty nine shall be stated and satisfied unto them their Executors or Assigns respectively out of the Security in this Act appointed for satisfying Arrears before One thousand six hundred forty nine in the same manner and by the same Rules and Rates as before in this Act is provided for such as have Arrears due to them before One thousand six hundred forty nine and received no satisfaction for any Arrears since that time although the said persons or any of them have received Lands for Arrears since the said Fifth of June One thousand six hundred forty nine any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That Sir Paul Davys Knight shall have hold and enjoy to him and his heirs and assigns for ever all and every the Towns and Lands of Londonstown formerly belonging to William Fitz-gerrald attainted Barretstown formerly belonging to Christopher Eustace attainted Johnstown formerly belonging to James Flatsburry attainted and Palmerstown formerly belonging to the said James Flatsburry all situate lying and being in the County of Kildare with their and every of their Members and Appurtenances whereof the said late Proprietors respectively were seized or any other persons were seized for their uses or in trust for them respectively on the days of their respective Attaintures or at any time since the said Sir Paul Davys his heirs and assigns yielding and paying therefore yearly to Your Majesty your Heirs and Successors such and the like Rents as are appointed to be paid by Adventurers for Lands in the Province of Leinster by the Act made in the Parliament begun at Westminster on the third day of November One thousand six hundred and forty Intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due Obedience to his Majesty and the Crown of England unless the Rents formerly reserved on the premisses to the Crown on the Three and Twentieth of October One thousand six hundred forty one did exceed that Rent in which case the Rent to be the same it was on the Three and Twentieth of October One thousand six hundred forty one and the premisses to be held of your Majesty Your Heirs and Successors by the same Tenure which by the said Act is appointed for Adventurers for Lands in Ireland any thing in this Act contained to the contrary or any other Act matter or thing whatsoever to the contrary notwithstanding Whereas several Officers in Munster who ingaged themselves in his Majesties Army in the Kingdom of Ireland under the Command of his Excellency the Lord Duke of Ormond in the year One thousand six hundred forty eight were afterwards instrumental in the betraying of several considerable Towns and Garisons into the Vsurpers hands or his Forces Be it therefore Enacted by the Authority aforesaid That all such Betrayers and their actual Assistants the Heirs Executors Administrators or Assigns of them or any of them shall be wholly excluded from any benefit from this Act of Parliament as to their enjoyment of any lands for their Arrears before June One thousand six hundred forty nine or any part of them other than such who within twenty four moneths after the date of this Act shall make it appear to the Lord Lieutenant of that Kingdom or the Chief Governour or Governours thereof with six of the Council that they made some repair for their former faults by their timely and seasonable appearance for Our Restitution in the year One thousand six hundred and sixty And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this present Act shall forthwith set out or cause to be set so much of the Forfeited Lands as do amount unto the clear yearly value of three hundred pounds per annum and are nearest adjacent and