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
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
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
such Irish claimants or the person or persons who shall derive under such Irish claimant then shall such Adventurer or Souldier or other person or persons his or their Heirs Executors or Assignes who shall be concerned in that suit for ever and finally hold the said land in question and every part thereof to him and his Heirs but in case verdict or judgement be given for the title of the Irish claimant or no such election be made as aforesaid the Adventurer or Souldier or other person his or their Heirs Executors or Assignes shall be excluded from demanding or having his two third parts or any other satisfaction which otherwise he might have had in respect of such land so recovered as aforesaid Nevertheless it is hereby declared that no other title shall be admitted to be alleaged or given in evidence by such Irish claimant or any claiming under them but such title as was alleaged in the claim exhibited before the Commissioners for the Execution of the said former Act Provided that if any secret agreement be made between the Irish Claimant and the partie concerned as aforesaid directly or indirectly and the person so agreeing shall obtain any satisfaction for or in respect of the lands so agreed for that then and in such case the party so offending shall forfeit double the value of the lands so obtained one Moyety to the Kings Majestie the other Moyety to the Informer to be recovered in like manner as other forfeitures are herein appointed to be recovered And be it further Enacted that all and every person and persons who now have any grants or Patents of any lands Tenements or Hereditaments or of any titles of honour or dignity or of any annuity pension office or imployment within this Kingdom not already enrolled do cause the same to be enrolled in the Chancery of Ireland within the space of two years next after the Royal assent to this Bill actually given under pain of forfeiture of two years value of any lands Tenements annuities pensions or offices whereof the Patents shall not be enrolled as aforesaid one Moyety to the Kings Majestie his Heirs and Successors the other Moyety to him or them that shall will sue for the same to be recovered by action of Debt Bill Plaint or information in any Court of Record wherein no essoyne protection or wager of law to be allowed or any more than one imparlance and that all every person persons having any Patents touching or concerning any title of honour or dignity not already enrolled or to be enrolled within the time aforesaid shall forfeit and loose the summ of one hundred pounds sterling one Moyety thereof to the Kings Majestie his Heirs Successors the other moyety to him or them that shall will sue for the same to be recovered as aforesaid And it is further Enacted by the Authority aforesaid That all Letters Patents hereafter to be granted of any titles of honour offices or lands whatsoever shall contain in the same Letters Patents a clause requiring and compelling the said Patentees to cause the said Letters Patents to be enrolled in the Chancery of Ireland within a time therein to be limited and all Letters Patents wherein such clause shall be omitted are declared to be utterly void and of no effect Provided alwayes and be it Enacted that nothing in this or the said former Act contained shall extend to prejudice or alter the right title or interest which Elizabeth Countess of Guilford hath or ought to have in the Mannors Castles Towns Villages Messuages lands Tenements or herediments lying or beeing in the County of Cork and now in the actual possession of her the said Countess or her Assignes as the jointure or Dower of her the said Countess the relict of the late Lord ViceCount Kynalmeaky but that the same be possessed and enjoyed by her the said Countess and her Assignes in the same state and condition and no other as she held and enjoyed the same before the first sitting of this present Parliament any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Charles Lord ViceCount Fitz Harding Treasurer of His Maiesties House-hold shall hold and enjoy to him and his Heirs all and singular the lands Tenements and Hereditaments lately granted or mentioned to be granted unto Charles late Lord ViceCount Fitz Harding afterwards Earl of Falmouth and his heirs in and by certain Letters Patents thereof passed under the Great Seal of Ireland And it is hereby declared that the Adventurers and Souldiers and Protestant purchasors of lands in Conaght and Clare their Heirs and Assignes who shall be thence removed shall be satisfied his and their two third parts in like manner as any other Adventurer or Souldier ought to be satisfied by the rules of this Act Provided alwayes that if His Majestie shall at any time within the space of two years next and immediately ensuing pay or cause to be paid unto the said Charles Lord ViceCount Fitz Harding his heirs or Assignes the summ of twenty thousand pounds at or in the middle Temple-Hall in London upon notice thereof first given to the said Charles Lord ViceCount Fitz Harding and his heirs by the space of one week before such payment then all and singular the lands in the said Letters Patents mentioned shall return to and remain in his Majestie his heirs and Successors to the uses of this Act and that until the whole summ of twenty thousand pounds shall be paid and satisfied as aforesaid it shall and may be lawful to and for the said Charles Lord ViceCount Fitz Harding and his Heirs to retain and keep possession of the premisses and the profits thereof to receive and convert to his and their own use without any account to be therefore made any thing herein before to the contrary notwithstanding And whereas Lewis Lord Vicecount Clanmalira being but tenant in tail of certain lands in Ireland exhibited his claim before the Commissioners for Execution of the said former Act but the same remained undetermined and no other claim was exhibited by any other person to any part of the lands of the said Lewis Lord Vicecount Clanmalira either in possession or reversion or remainder except only the claim of Sir Henry Bennet Knight now Lord Arlington His Majesties principal Secretary of State to the reversion thereof in fee being granted to him the said Sir Henry Bennet now Lord Arlington by His Majesties Letters Patents bearing date the fifth day of November in the fourteenth year of his Majesties Raign which claim was by the said Commissioners allowed in so much that the estate and interest of such Adventurers and Souldiers who were formerly planted thereupon are become very doubtful and that as at the best they were not to continue longer than during the said estate tail so now it may be doubted in law whether they be of any continuance at all and
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
thereof granted to the said John Lord Vice-count Massareen his Heirs and Assignes as any other Adventurer or Souldier by the rules of this Act ought to have any thing in this or the said former Act contained to the contrary notwithstanding Provided also and be it further Enacted That the town and lands of Artain alias Tartain with the appurtenances in the County of Dublin containing by estimation two hundred twenty five acres be they more or less be granted ratified and confirmed unto Sir Nicholas Armourer Knight his Executors Administrators and Assignes according to the tenor and effect of your Majesties Letters Patents under the Great Seal of Ireland bearing date the nineteenth day of November in the fifteenth year of your Majesties Raign any thing in this the former or any other Act matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Messuages Mannors Lands Tenements and Hereditaments whereof Sir John Fitz Gerald Knight dyed seized and whereof Sir Fitz Edmund Gerrarld Knight the Grandchild dyed seized or possessed in the year One thousand six hundred and forty and which were then belonging and of right appertaining to the Bishop of of Cloyne and his successors and were by the last Will and Testament of the said Sir John Fitz Edmund Gerrald and the Schedule and Codicil thereunto annexed dated the first of September One thousand six hundred and forty given and bequeathed or mentioned to be given and bequeathed to His late Majestie King Charles the first shall be and are hereby vested and settled in the now Bishop of Cloyne and His Successors for ever The severall rectories and impropriate tythes therein and thereby bequeathed unto His said late Majestie onely excepted which said rectories and impropriate tythes are hereby declared to be vested and settled in and upon such of the present and future incumbents and their successors who have or shall have actuall cure of Souls in those respective Parishes wherein such impropriations are and such impropriate tythes do arise and renew and in default of an actuall incumbent then in the respective persons now serving the cure and their successors who for that end shall be and are hereby made actual incumbents and capable to take to them and their successors and the presentation to the respective Churches so as aforesaid endowed shall be for ever and the patronage thereof in the Kings Majestie His Heirs and Successors and that all other the Lands Tenements and Hereditaments so given and bequeathed as aforesaid and not formerly belonging or appertaining to the Bishoprick or Sea of Cloyne shall be vested and settled in His Majestie his Heirs and Successors And whereas the right Reverend Father in God Edward Lord Bishop of Corke Cloyne and Rosse and Sir William Flower Knight have been at great pains and charges in discovering of his Majesties title to the premisses as well precedent to the forfeiture by the late Rebellion as by reason and upon the account of the said Rebellion Be it therefore Enacted that the Lord Lieutenant of Ireland or other Chief Governour there for the time being do cause a Lease of so much as is hereby settled in his Majestie to be passed under his Majesties Great Seal of Ireland unto the said Edward Bishop of Corke Cloyne and Rosse and Sir William Flower their Executors and Assigns for the term of one and thirty years rendring yearly unto his Maiestie his Heirs and Successors after the rate of treble such Quitrent as the Adventures and the Souldiers do pay for the like proportions within the said Province of Munster any thing in this or the said former Act contained to the contrary hereof in any wise notwithstanding Saving and reserving nevertheless to Edmund Fitz Gerald of Ballymalowe and his Heirs all such right and title which he the said Edmund Fitz Gerald had unto the premisses or any part thereof upon the two and twentieth of October One thousand six hundred forty one And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot unto the Provost Fellows and Schollars of the College of the holy and undivided Trinity near Dublin the six hundred sixty six Acres two Roods and twenty six Poles English measure in the County of Tipperary and Barony of Elioguarty heretofore allotted to William Sheeres for his Fathers Adventure of three hundred pounds which in pursuance of a Decree in the High-court of Chancery in England were since conveyed or mentioned to be conveyed to the said Provost Fellowes and Schollars of the College of the holy and undivided Trinity neer Dublin towards the satisfaction of a charitable bequest devised to them by Elias Traverse Doctor of Divinity Deceased And that like effectual Letters Patents shall be thereof granted unto the said Provost Fellowes and Schollars and their Successors for ever as any Adventurers or Souldiers by the rules of this Act ought to have to be held by them the said Provost Fellowes and Schollars and their Successors without any defalcation or Deduction whatsoever Subject nevertheless to the Quit-rents by this Act imposed any thing in this Act to the contrary in any wise notwithstanding Whereas Richard Earl of Arran hath purchased from Erasmus Smith Esq his interest which he had as an adventurer in the Isles of Arran commonly called or known by the names of the Great Island the small East Island and the Island of Inishmaine Be it therefore Enacted and provided by the Authority aforesaid That the said Isles of Arran commonly called by the several names aforesaid lying and being in the half Barony of Arran in the County of Gallway together with all the Royalties Mineralls Royall mines excepted Fishings Profits and appurtenances whatsoever thereunto belonging or therewith enjoyed by the former Proprietors thereof before the two and twentieth of October One thousand six hundred forty one be and are hereby vested in setled upon and confirmed unto the said Richard Earl of Arran his Heirs and Assignes for ever any thing in this Act or in the said former Act to the contrary notwithstanding Subject nevertheless to such Quit-rent payable to his Majestie his Heirs and Successors as other the lands lying and being in the province of Connaght allotted to Adventurers or Souldiers are lyable to And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without any previous reprizal restore unto Patrick Lord Baron of Dunsany and his Heirs the possession of the principal and capital messuage or seat and also one third part of all and singular the Castles lands Tenements and Hereditaments Rents Reversions Remainders Right title interest and estate whatsoever which he the said Patrick Lord Baron of Dunsany or any other person to his use or in trust for him were seized or possessed of upon the two and twentieth of October One thousand six hundred forty one except impropriations
to the payment of such further Quit-rents as any other lands within the same County or Province are Subject unto And the Commissioners for Execution of this Act are hereby required with all convenient Speed to set out and allot unto all and every the Adventurers and Souldiers their Heirs and Assignes who shall be dispossessed by the restitution of the said Marquess so much other forfeited land as may be sufficient to reprize and satisfie the persons so to be removed for their several and respective two full third parts which will be due to them by the rules of this Act And for the better enabling the said Marquess of Antrim to pay his Debts when he shall be restored by sale of land or otherwise which cannot well be done unless the Reversion or remainder in Fee expectant upon the said estate Tayle be taken out of the Crown It is therefore Enacted by the Authority aforesaid That all and singular the lands and Tenements so as aforesaid appointed to be restored And all and every the reversion and reversions remainder and remainders thereof shall be and are hereby vested and settled in Alexander MacDonnell Brother of the said Marquess and his Heirs as a remainder in Fee expectant upon the Death of the said Marquess without issue male Provided alwayes and it is hereby Enacted that no fine recovery or other Act or thing whatsoever to be done or suffered by the said Marquess other than Leases for one and forty years or three lives in possession and not in reversion whereupon the Highest improved Rent which the same were let for in the year One thousand six hundred thirty and five shall be reserved touching or concerning any the Messuages lands Tenements or Hereditaments situat lying within the Barony of Donluce in the County of Antrim shall any way extend to Barr discontinue defeat or incumber the remainder thereof intended by this Act to be settled upon the said Alexander but that the said messuages lands Tenements and Hereditaments in the Barony of Donluce in the County of Antrim shall after the Death of the said Marquess without issue male of his Body remain and be in the said Alexander Mac Donnel and his Heirs Any such Fine Recovery or other Act or thing done or suffered to the contrary notwithstanding Nevertheless it is hereby declared That as to all other the Lands and Tenements so as aforesaid to be restored it shall and may be lawful to and for the said Marquess by Fine Recovery or any other way be shall think fit to bar discontinue defeat or incumber the remainder thereof so limited and settled as aforesaid Provided always and it is Enacted That nothing herein contained shall any way extend to restore the said Marquess of Antrim to the possession of any Lands which he the said Marquess or his father did heretofore grant or convey in Fee Farm to any forfeiting person or persons not declared innocent or to the possession of any lands whereof he the said Marquess or His Father did make any Lease for lives or years to any forfeiting person or person not declared innocent during the lawful continuance of such Lease but that the Lands so granted in Fee Farm or Demised as aforesaid shall be put into the possession of such person and persons for and towards the satisfaction of their two third parts as would have been intitled to the same if the said Decree had not been made nor the said Marquess hereby restored Any thing herein before contained to the contrary notwithstanding saving to the said Marquess and his heirs the Rents and Services due and to be due for the premisses Provided also That nothing herein contained shall any way extend to bar or hinder Rose Lady Marquess of Antrim of her Right and Title of Dower of in or to any the Lands Tenements or Hereditaments so as aforesaid to be restored but that it shall and may be lawful to and for the said Lady Marquess after the death of the said Lord Marquess her husband to sue for and recover her Dower of the said Lands and Tenements Any thing in this or the 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 and without staying for any previous Reprizal set out restore and allot or cause to be set out restored and allotted unto the said Alexander Mac Donnel and his Heirs all and singular the Lands Tenements and Hereditaments in the Barony of Glanarm in the County of Antrim which were settled or intended to be settled upon him the said Alexander Mac Donnel by his late father and all other the Estate Right Title and Interest whereof he the said Alexander Mac Donnel or any other in trust for him was seized or possessed upon the two and twentieth day of October One thousand six hundred forty and one Impropriations and appropriate tythes excepted subject to the debts and Incumbrances of him the said Alexander Mac Donnel and such other debts as were thereupon charged by the Father of the said Alexander and lyable to a proportionable part of the Rent-charge granted to Alice Countess of Antrim and to such Quit-Rents as by this Act are payable for lands in the same Province Any thing in this or the said former Act contained to the contrary notwithstanding And to prevent all Riots or Disturbances which may happen in taking or keeping possession of the premisses before the final settlement thereof It is further Declared That so much of the premisses hereby intended to be restored to the said Marquess whereof the said Marquess by himself or his Vnder-tenants was in possession upon the first of July One thousand six hundred sixty and five shall remain and continue in his and their possession until restitution be thereof made by the Commissioners as aforesaid And that the Adventures and Souldiers their Heirs and Assigns may retain so much of the premisses hereby intended to be restored to the said Marquess and the said Alexander Mac Donnel whereof they were in in possession the said first of July One thousand six hundred sixty five until restitution be thereof made by the said Commissioners as aforesaid And that Alexander mac Donnel may enter upon all the premisses hereby intended to be restored to him which are not in possession of Adventurers or Souldiers their Heirs or Assigns and the same to retain and keep in his possession until restitution thereof be made by the Commissioners as aforesaid And be it further Enacted by the Authority aforesaid That the Mannor of Edenduffcarick and all other the Lands Tenements and Hereditaments in the Baronies of Toom and Antrim which were given and bequeathed to Rose Lady Marquess of Antrim by the last Will and Testament of Sir Henry O Neile her deceased Father shall be held and enjoyed by the said Lady Marquess and her Heirs Any Prosecution had against the said Lord Marquess her Husband or any other matter
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
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
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
of Adventures or Arrears or of purchases made in Connaght or any restitution to any Lands Tenements or Hereditaments the Incumbents of the severall Parochial Churches excepted such Fees and no other as the Lord Lieutenant or other chief Governour and Governours of Ireland and Councill there shall think fit and appoint and that after the same Fees so as aforesaid ascertained like remedy shall be given for the recovery thereof as in and by the said former Act is provided any thing in this or the said former Act contained to the contrary notwithstanding Provided alwayes and be it Enacted That no Lease or Custodiam made or granted by the Kings Majestie unto Edward late Lord Bishop of Limerick now Lord Bishop of Corke Cloyne and Rosse or unto any other person or persons of any Lands Tenements or Hereditaments in the Baronie or Baronies of Conello and Pople-Bryan in the County of Limerick or either of them whereof William Barker Esq by himself his Agents or undertenants was in possession the seventh of May One thousand six hundred fifty nine shall any way prejudice the right Title Interest or Possession of the said William Barker of in or to the same but that it shall and may be lawful to and for the said William Barker his Heirs or Assignes to enter into and take possession of all and singular the said lands and Tenements in the said Baronies or either of them whereof he was so in possession not Decreed away by the Commissioners for Execution of the said former Act and the same to have hold and enjoy to him the said William Barker his Heirs and Assignes and that the said William Barker and his heirs shall have like priviledge and advantage in retaining the possession of the Premisses and in retrenching the third part thereof or placing such deficiencies thereupon as are satisfiable by the Rules of this Act as any Adventurer or Souldier ought to have and that the Commissioners for Execution of this Act shall proceed to give such certificates thereof in order to the passing of Letters Patents as may be necessary for the finall Settlement of him the said William Barker his Heirs and Assignes in lieu and satisfaction of his purchase of Gilbert Marshall in as full and ample manner as he the said William Barker his Heirs or Assignes might have held and enjoyed the same if he the said William Barker had still continued in possession and as if no such Lease or Custodiam had ever been made or granted subject nevertheless to such Quitrents Services and Payments as other Adventurers in the said County of Limerick ought to pay and with like benefits and advantages as other adventurers ought to have by this Act any thing in the said Custodiam or in a certain clause for confirmation of the Patent granted to John Lord Kingston herein mentioned or any other matter or thing in this or the said former Act contained to the contrary notwithstanding And whereas it was provided by the said former Act that every of the Adventurers whose estates were to be confirmed should pay such summ or summs of money as the Committee of Adventurers sitting at Grocers-Hall London or any five or more of them should appoint not exceeding two pence for every twenty shillings adventured towards defraying of such publique charges as would conduce to the Settlement of that interest And whereas the same is to be levyed upon such persons as shall make default by distress and sale of their Goods The generality of such persons making default not liveing in this Kingdom the said provision hath been hitherto rendred very much fruitless Be it therefore Enacted by the Authority aforesaid That for better answering of those ends and raising the said summs the several persons hereafter named viz. Sir Charles Lloyd Baronet Sir Stephen White William Barker Esq _____ Gower Esq _____ Ridge Esq _____ Lenthall Esq _____ Radcliffe Edward Smith Esq or the Major part of them or the Survivors or Survivor of them be and are hereby Authorized to be Treasurers of the said moneyes and shall and may by Order under their hands and Seals levy or cause to be levyed any summ or summs of Money that the said Committee of Adventurers or any seaven or more of them shall think fit and appoint upon all and every the Adventurers for lands in Ireland their lands Tenements and Hereditaments Lessees Tenants or Assignes by distress and Sale of their Goods rendering the overplus to the owners which said Lessees Tenants or Assignes shall be discharged of and may retain so much of their Rents in their hands as the said sum to be levyed shall amount unto such sum or sums of money so to be levyed not exceeding two pence for every twenty shillings originally paid and adventured and that shall be satisfied in lands in this Kingdom Provided alwayes that neither this nor any thing herein contained shall extend to charge any person or persons with any summ or summs of Money that hath been paid to any person or persons upon the account of the two pence in the pound in the said former Act granted but that such person or persons who received the same are to stand and be chargeable with and accountable unto the said Treasurers for all the Money by him or them received and the said Treasurers are to take care to imploy persons of integrity and trust for levying and collecting the said summs under very good security for whom they will answer and not to dispose of any summ or summs without order from the said Committee or any seaven or more of them to whom alone they are hereby made accountable And be it Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall forthwith and without staying for any previous reprizal restore unto Sir Henry O Neil his Heirs and Assignes all and singular the lands Tenements and Hereditaments in the County of Antrim whereof the said Henry O Neil or any other person in trust for him or to his use were or ought to have been seized or possest upon the two and twentieth day of October One thousand six hundred forty one and that after such restitution in lieu and satisfaction thereof the said Commissioners do likewise with all convenient speed set out and allot or cause to be set out and allotted unto John Lord Vice-count Massareen his Heirs and Assignes so much other forfeited lands as may be of equal value worth and purchase to the lands so as aforesaid to be restored out of the lands in the County of Lowth or if there shall not be found sufficient in that County then out of other lands to be disposed of by this Act and that such further satisfaction be given the said Lord Massareen and his Heirs as is appointed by the said former Act and will stand with the rules of this Act so that the said lands may as neer as may be lye contiguous And that like effectual Letters Patents be
alwaies and it is hereby Enacted That it shall and may be lawful to and for Richard Stephens the younger to hold and enjoy to him and his Heirs all and singular the messuages and lands Tenements and other the Hereditaments situat lying and being in and about the Town and Corporation of Kells in the County of Eastmeath whereof he the said Richard Stephens the younger by himself or his under-tenants was seized or possessed upon the Seaventh of May One thousand six hundred fifty nine and which lye within the securities set apart for the satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine he the said Richard Stephens placing thereupon so many Debentures for arrears due for service done before the said fifth of June One thousand six hundred forty nine for which no satisfaction hath yet been given and which are satisfiable by the rules of this or the said former Act as do amount unto the full summ of three hundred pounds any thing in this or the said former Act to the contrary notwithstanding And whereas Sir Theophilus Jones Knight was heretofore settled in and planted upon a Messuage and certain Lands in and about Lucan and now by virtue of some Decree made by the Commissioners for execution of the said former Act and herein confirmed is onely to enjoy the said Messuages and Lands during the life of Patrick Sarsfield who was declared nocent after whose death the said lands are declared to come unto William son of the said Patrick an infant and the heirs males of his body by reason whereof the said Sir Theophilus Jones is likely to sustain great prejudice if due consideration be not had of his improvements Be it declared and Enacted That the Commissioners for execution of this Act shall forthwith set out and allot unto the said Sir Theophilus Jones and his heirs so much forfeited land as may be sufficient in value worth and purchase fully to reprize the said Sir Theophilus Jones for the Messuage Lands and Improvements which have been so evicted and decreed away from him Any clause matter or thing in this or the said former Act to the contrary notwithstanding Provided always That it shall and may be lawful to and for Pierce Creagh to hold and enjoy to him and his Heirs all and singular the Messuages Lands Tenements and Hereditaments in the Province of Connaught and County of Clare or either of them whereof he the said Pierce Creagh is now in possession by himself or his Vnder-tenants and into which the said Pierce Creagh was transplanted by the late Vsurpers Any thing in this or the said former Act to the contrary notwithstanding And because the Adventurers and Souldiers are by this Act exempted from payment of such Fees to the Officers attending both Houses of Parliament and others as in and by the said former Act might have been demanded or pretended to as due Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council there to assess and impose upon all and every the Adventurers and Souldiers who by the said former Act were lyable or might be pretended to be lyable to the payment of such Fees such further and other sums of money not exceeding Five thousand pounds as they shall think fit and to cause the same to be levyed in such manner as any other the sums herein before imposed are levyable and to be paid to the Receivers aforesaid to the end the same may be issued out unto and distributed amongst such Officers in such manner and according to such proportions as the Lord Lieutenant or other Chief Governour and Council after the advice of both Houses of Parliament thereupon had shall direct and appoint Provided always and be it further Cnacted by the Authority aforesaid That Colonel William Leg one of the Grooms of His Majesties Bed-Chamber shall in lieu of what hath been retrenched of his Provisoe in the former Act have hold and enjoy to him and his Heirs for ever all and singular the Lands Tenements and Hereditaments by His Majesties Letters Patents to him granted and passed under the Great Seal of Ireland pursuant to and according to the tenor and effect of His Majesties Letters under His Privy Signet and Sign Manual bearing date at Whitehal the Nineteenth day of January One thousand six hundred sixty and three without any Retrenchment or Defalcation whatsoever Any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted That James Fitz Gerald of Laragh in the County of Westmeath and his Heirs shall have the like restitution priviledges advantages and benefits in all respects as any of the fifty four persons provided for by this Act Any thing therein contained or otherwise to the contrary notwithstanding His Majestie being fully satisfied of the constant loyalty and Innocence of Robert Arthur deceased late of Dublin Alderman and of John Arthur his son and heir who were both Inhabitants of Dublin is graciously pleased That it be Enacted be it further Enacted by the Authority aforesaid That the said John Arthur shall be by the said Commissioners restored unto settled and established in the quiet possession and shall thenceforth have hold possess and enjoy to him and his Heirs Executors Administrators and Assigns respectively all and singular the Mannors Houses Castles Lands Tenements and Hereditaments Reversions Remainders Leases Rights Titles Interests and Estates whatsoever in the Kingdom of Ireland which the said Robert Arthur or any other person or persons in trust for him or to his use had held or enjoyed on the twenty second of October One thousand six hundred forty one or at any time since Except what thereof is in the hands of Adventurers or Souldiers or is in the City of Dublin for which the said John is to be forthwith reprized elsewhere to the full value thereof as neer and contiguous to the said City as conveniently may be and the said John Arthur is likewise restored unto and is hereby enabled to demand recover and receive to his own use all and singular the debts and sums of money which at any time heretofore were due and owing to him the said Robert Arthur and are still unpaid This present or any other Act Clause matter or thing therein to the contrary notwithstanding And whereas Randall Marquess of Antrim did on or about the One and twentieth day of November in the year of our Lord One thousand six hundred thirty seven demise and grant the Barony of Cary the Lordship of Ballycastle and the Island of Rathcline and all the Lands Tenements and Hereditaments within the said Barony Island and Lordship unto Alexander Macdonnell John Moore Archbald Steward and John Trayleman for the term of ninety nine years from Michaelmas One thousand six hundred thirty seven in trust for payment of certain debts