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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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that such persons their Heirs or Assignes may and shall hold the said lands until they are satisfied and contented of and for the same And that none of the persons so to be removed shall be accountable for the Rents or Profits of the Estates out of which they shall be so removed which Rents and Profits and Arrears of Rents they are respectively to receive until they are possest of other Estates as aforesaid as also reasonable consideration for reparations of Houses and other necessary improvements made and to be seen upon the premisses wherein like regard is to be had to the respective Tenants and Lessees for their Improvements but where the Landlord took Fine he is to be accountable for the same towards satisfaction for their Improvements who paid the said Fine And lest such Restorations and Reprizes if not speedily effected might be attended with many prejudices to all parties concerned therein We declare that the farthest time for accomplishing thereof shall be by the Three and Twentieth day of October One thousand Six hundred Sixty and one And whereas divers persons for most of whom a general provision is made by this Our Declaration have for Reasons known unto Vs in an especial manner merited Our Grace and Favour particularly the Earl of Clanricard the Earl of Westmeath the Earl of Fingal the Earl of Clancartie the Lord Viscount Gormanstown the Lord Viscount Mountgarret the Lord Viscount Dillon the Lord Viscount Taaffe the Lord Viscount Ikerryn the Lord Viscount Nettervill the Lord Viscount Galmoy the Lord Viscount Mayo the Lord Baron of Dunboyn the Lord Baron of Trimletstown the Lord Baron of Dunsany the Lord Baron of Vpper Ossory the Lord Bermingham Baron of Arthunry the Lord Baron of Strabane Colonel Richard Butler Sir George Hamilton Knight and Baronet Sir Richard Barnewel Baronet Sir Redmund Everard Baronet Sir Valentine Brown Knight Sir Thomas Sherlock Knight Sir Dermot O Shaghnussey Knight Sir Daniel O Bryon Knight Colonel Christopher O Bryan Mr. Richard Belling Son to Sir Henry Belling Knight Righard Lane of Tulske Esquire Mr. Edmund Fitzgerald of Balymalo Mr. Thomas Butler of Kilconnel Mr. _____ Macnemarra of Creevagh Mr. David Powre of Kilbolane Mr. Donnogh O Calaghane of Clonmeen Mr. James Copinger of Cloghane in the County of Cork Mr. George Fitgerrald of Ticrochane Mr. Barnard Talbot of Rathdown and Conly Geoghegan of Donore We do hereby declare That they and every of them without being put to any further proof shall be restored to their former Estates according to the Rules and Directions in the last fore-going Clause of this Our Declaration concerning such as continued with Vs or served faithfully under Our Ensigns beyond the Seas many of whose Names hereafter follow viz. The Lord Viscount Muskry Colonel Lieutenant Colonel Legg Serjeant Major Edward Scott Captain John O Neile of Carrick in the County of Tipperary Captain Terence Bryan of Palace Greeny in the County of Limrick Captain Teige Mac Carty for Mortgage onely in the County of Cork Captain Daniel Boy O Donovane of Killcellman in the said County Captain Edmund O Murriane of Dulish Murrian in the County of Tipperary Captain John White of Loyhall in the County of Limrik Captain Daniel O Keef of Drumagh in the Barony of Dullhally and County of Cork Captain Philip Barry of Dunbagy in the said County Cap. Thomas Brown of the Baronies of Bear and Bantry in the Counties of Cork and Kerry Captain Francis Hacket of Dully in the County of Tipperary Captain Charles O Shiell in the County of Antrim Captain Davie Dannan of Davenstown in the Barony of Fermoy and County of Cork Captain Dermot O Brien of Carrickcouquis in the County of Clare Lieutenant Pierce Walsh Lieutenant Richard Barry of Robertstown in the Barony of Barrimore and County of Cork Lieutenant Dermot O Murriane of the County of Tipperary Lieutenant Edward Mandevill of Ballyyne in the County of Tipperary Lieutenant Daniel O Driscol of Carbury in the County of Cork Lieutenant Teige O Cullaine aliàs Totave of the County of Cork Ensign Morris Fitzgerald of Balynemart in the said County Ensign Daniel Carthy of Dunedarrick in the said County Ensign George Cumerton of the County of Killkenny Ensign Walter Butler of Shan-bally-duff in the County of Tipperary Ensign Piers Quirk and William Quirk of the said County Ensign John Mac Tiege aliàs Mac Tiege of Carbury Ensign Pierce duff Buttler in the County of Tipperary Ensign Theobald Butler of Barnane in the said County Ensign Miles Roach of the County of Cork and Barony of Fermoy Ensign Philip Hogan of Hally in the County of Tipperary Ensign Turlagh O Her of Balime in the County of Clare Owen Oge Mac Egan of the County of Cork Adjutant The Lord Castle Connel of the County of Limrick Colonel Charles Mac Carty Rieagh of Kilbretan in the County of Cork Colonel Richard Fitzgerald of Balenemartery in the said County Colonel Cornelius O Driscol of Donesaide in the said County Lieutenant Colonel William Buttler of Ballifoqui Captain Willam Barry of Ringquaran in the County of Cork Captain Peirce Nagle of Monaneme in the said County Captain Arthur O Kinfe of Glanefriacan in the said County Captain Owen Mac Carty of Clocerre in the said County Captain Edmond Mac Cuiny of Massanglashy in the said County Captain Charles Mac Carthy of Cloncalaih in the said County Captain Dermot O Shinan of the County of Limrick Captain Edmund Power of Intch in the County of Cork Captain John Fox of Baligaden in the County of Limrick Captain Michael Morisey of the County of Clare Captain Dermot O Sulivan of Kilmalac in the County of Kerry Lieutenant Der. O Sulivan of Fermoyle in the said County Lieutenant Richard Stapleton of Lynestowne in the County of Tipperary Lieutenant James Purcel of Knockinroe in the said County Lieutenant Henry Wies of _____ in the County of Waterford Lieutenant Garret Fitzgarret of Lickfour in the County of Kerry Ensign George Shaie of Kilkeny Ensign Philip Hogane of Aylehie in the County of Tipperary Ensign Moilmory O Holy of the County of Armagh Ensign Daniel O Donman of Forneise in the County of Cork Ensign Donee O Culan of Baly Coursy in the said County Ensign Florence O Driscol of Ballyhan in the said County Captain _____ Gorman David Bourk of Barnanlahie in the County of Tipperary Captain Stephen Butler Ensign Alexander Berne of the County of Roscomon Colonel William Taaffe Lieutenant Bryan Mac Donough of the County of Sleigo Ensign Edward Dillon of the County of Westmeath Lieutenant Colonel James Fitz-Patrick Lieutenant John Cassin Ensign Edmund Brenane Major Owen O Conner of Baylynagare in the County of Roscomon Lieutenant VValter Costelloe of the County of Mayo Ensign Daniel O Conner of the same County Captain VValter Hope of Molingare Lieutenant Terlogh Mac Donough of the County of Sleigo Ensign Christopher Mac Donough of the same Captain Gerald Ferall Lieutenant Charles Mac Donnel Ensign Richard Farral Captain Charles O Molloy
forwardness of all the rest of their Brethren in contributing One half years full value of the profits arising of the said lands as aforesaid set out for their respective Adventures and Arrears to be paid in One year towards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for and suffered with Vs And that several of the Adventurers having expressed their own willingness and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness in consideration of Our Grace and Favour in the aforesaid Settlement One other half years Rent more of full value to be paid in One other year We cannot but declare Our Acceptance of such their free and kinde offer and when a Bill shall be tendred unto Vs upon the accompt and for the ends aforesaid it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve And We do lastly declare That Protestant Plantations shall be settled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the land so to be settled on the Adventurers and Souldiers in such manner as by the Commissioners to be nominated and directed by Vs shall be set down Provided always That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dublin in the year One thousand six hundred forty one nor to any person or persons that sate as Iudges in the pretended High Court of Iustice upon the life of Our Royal Father of blessed memory or who sentenced Him or signed or sealed the Warrant for Execution or who were of the Guard of Halbertiers assisting to put the Bloody Sentence of Death in Execution upon the 30. of January One thousand six hundred forty eight Provided lastly and it is hereby declared That this Declaration or any thing therein contained shall not extend to confirm the disposition or setting out to any Adventurer Soldier or other person any of the Lands Tenements or Hereditaments belonging before the 23. of October 1641. to any City or Sea-Town Incorporated but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Favour and the Adventurers Souldiers or others who have any of the said Lands Tenements or Hereditaments set out unto them shall be Reprized in like manner as is provided for them in other cases by this Declaration Given at Our Court at Whitehall the 30. day of November 1660. In the Twelfth Year of Our Reign Signed CHARLES R. INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour Richard Earl of Cork Lord High Treasurer of Our Kingdome of Ireland Our right trusty and right well beloved Cousins and Counsellours Edward Lord Viscount Conway and Kilulta Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Kingdome Hugh Lord Viscount Montgomery of the Ardes Master of Our Ordinance in Our said Kingdome and John Lord Viscount Massereene Our right trusty and well beloved Counsellour Francis Lord Angier John Lord Kingston Richard Lord Baron of Caloony Sir James Barry Knight Lord Chief Justice of Our Court of Chief Place James Donelan Esq Lord Chief Justice of Our Court of Common Pleas John Bysse Esq Lord Chief Baron of Our Court of Exchequer Sir Henry Tichburn Knight Sir Robert Forth Knight Sir James VVare Knight Thomas Pigot Esq Master of Our Court of Wards and Liveries Col. Arthur Hill and Col. Marcus Trevor Our trusty and well beloved Sir Francis Hamilton Knight and Baronet Sir Arthur Forbes Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir Richard Lane Baronet Sir Paul Davys Knight Sir George Lane Knight Sir John Stephens Knight Sir VVilliam Domvile Knight Our Atturney General Sir Allen Brodericke Knight Our Surveyor General Sir Audley Mervin Knight Our chief Serjeant at Law John Temple Esq Our Solicitor General Col. John Ponsonby Henry VVarren and Dudley Cooley Esqs Serjeant Major George Rawden Dr. VVilliam Petty James Cuffe and Thomas Browne Esquires Our Commissioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November One thousand six hundred and sixty C. R. WHEREAS by Our said Declaration of the thirtieth of November One thousand six hundred and sixty We have made provision for the Settlement of Our Kingdome of Ireland and Satisfaction of the several Interests of Adventurers Souldiers and others Our Subjects there which we are minded to put in effectual Execution We have therefore hereby nominated you or any five or more of you whereof two of the persons following to be alwayes present viz. Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Realm Our Trusty and well beloved Counsellour Sir James Barry James Donelan Esq and John Bysse Esq Sir James Ware Our Atturney and Solicitor General Our Commissioners for the putting in Execution the matters and things therein contained according to the Tenor of these following Instructions You are to cast up the whole Debt and Demand of the Adventurers as well those that are satisfied as those that are in part or in whole deficient as also all the forfeited Lands assigned to or for the said Adventurers according to the Survey commonly called Doctor Petty's Down Admeasurement And the said Demands and Lands you are to compare together and what the said Lands fall short of satisfying the said Adventurers according to the Rates Measures and Proportions of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine so much of the forfeited Lands in the County of Lowth in the Province of Leinster except the Barony of Atherdee you are to set apart for satisfaction of the said Adventurers And if the said forfeited Lands shall fall short of satisfying the said Adventurers you are then to add the forfeited Lands undisposed by Our said Declaration in the County of Catherlogh And if those shall fall short then the Lands remaining undisposed of in the County of Kildare to supply all the said Adventurers deficiencies And if those Lands fall short then you are apart other forfeited Lands in some convenient place for the end aforesaid And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers and satisfying their deficiencies ascertaining their respective proportions You are to cause publick Proclamation to be made within the respective Counties Cities Baronies and places in Ireland thereby directing each Adventurer his Assignee or Assignees or his or their Agent or Agents sufficiently authorized that hath received any satisfaction in Land for his Adventure within forty dayes after such Proclamation to deliver unto you in
of the true yearly value of all and every the Messuages Manors Lands Tenements and Hereditaments possessed by any Adventurer or Souldier or any other person claiming by from or under them any benefit by vertue of this present Act as the same were worth in the year One thousand six hundred Fifty nine and to Order and Declare the true and full yearly value of the same which Declaration and Order of the said Commissioners or of so many of them as shall be thereunto Impowered shall be entred in a Book to be kept for that purpose and a Duplicate thereof shall be returned into his Majesties Court of Exchequer there to remain as a Record and shall be and is hereby made a Charge upon all and every the Messuages Lands and Tenements therein mentioned described or referred unto and shall be sufficient to Intitle his Majesty to have and receive a years value or a halfe years value according to that rate and in such manner as is herein before limited which several and respective sums so ascertained as aforesaid shall under the Penalties herein before mentioned be paid unto the Right Honourable Roger Earl of Orrery and John Lord Viscount Massareene whom his Majesty hath appointed to be his Receivers of the same or to such other persons as his Majesty shall hereafter appoint for that purpose who shall accompt for and pay unto his Majesty in his Court of Exchequer all and every the sums of money by them received And it is hereby further Declared and Enacted that the Receivers for the time being shall observe and follow such Directions and Instructions as his Majesty hath heretofore given or at any time hereafter shall give Provided nevertheless and be it Enacted That all Lands Tenements and Hereditaments which are or shall be before the First day of May One thousand six hundred sixty and two setled or conveyed by Erasmus Smith Esq for any pious or charitable use shall be and are hereby exempted and freed from paying the years Rent or full years value of the profits herein before assessed imposed or reserved any thing in this present Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Enacted That where any Lease or Leases of any Messuages Manors Lands or Tenements whereof the next or immediate reversion or remainder doth or shall appertain to any innocent Protestant or Papist not exceeding the time and term of One and Thirty years or Three lives from the Three and Twentieth day of October One thousand Sir hundred Forty one or other sooner time of making thereof are forfeited to and vested in his Majesty It shall and may be lawful to and for the Lord Lieutenant or other Chief Governour or Governors for the time being by any D●ed under his or their Hands and Seals to grant the rest and residue of such lease or leases unto such innocent person or persons as are or shall be Intituled unto the next or immediate reversion or remainder which Grants shall be sufficient to Intitle the persons to whom they shall be respectively made to enjoy the said lease or leases against Vs Our Heirs and Successors and against all and every other person And be it further Enacted by the Authority aforesaid That Donnough Earl of Clancarthy and Charles Viscount Muskry his Son and both of them respectively shall be and are hereby restored unto their Blood and Honour and shall and may derive their Pedigree and Descent from their and every of their Ancestors Lineal and Collateral and shall be and are hereby restored unto and shall and may have hold possess and enjoy unto them and their Heirs respectively all and singular the Titles of Honour Dignities Honours Manors Castles Lordships Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdome of Ireland which he the said Donnough Earl of Clancarthy or the said Charles Viscount Muskry or either of them or any other person or persons in Trust for them or either of them or to their or either of their use or uses had held or enjoyed or of right ought to have held or enjoyed on the Two and Twentieth day of October One thousand six hundred forty one or at any time since according to by and under the same Tenure Rents and Services as the same were then held and by and under no other Tenure Rents or Services this present or any other Act Law Statute Ordinance Order Outla●y Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other Cause Matter or Thing to the contrary notwithstanding Saving to all and every person or persons Bodies Politick and Corporate their Heirs and Successors other than to his Majesty his Heirs and Successors and those who shall or may claim by from or under his Majesty his Heirs and Successors or any of them all such Right Title or Interests which they or either of them had before the passing of this Act. And be it further Enacted That all such persons as are or shall be dispossessed of any part of his or their Estates in order to the said Earl of Clancarty and Lord Viscount Muskry's restitution who are reprizable by the rules of his Majesties Declaration shall be forthwith reprized in lands of equal worth and value Be it further Enacted by the Authority aforesaid That Sir Connel Farrel Knight for his faithful and eminent Services and constant adherence to Vs in the Parts beyond the Seas be and hereby is restored to and setled in so much of the Manors Towns and Lands of Tulickin Lackin Kiltaffery Lisanisky in the County of Longford the Towns and Lands of Rosmore and Ferry-Glass in the County of Leytrim the Towns and Lands of Loghil Ederagh Creagh Carromoare Linnen Derryartwood Ballyglaslan Mullacorny alias Mullaghwerny and Larach in the said County of Longford as were belonging to John Farrel Father to the said Sir Connel and unto him the said Sir Connel or either of them the Two and Twentieth day of October One thousand six hundred forty one or at any time since to have and to hold unto the said Sir Connel Farrel his Heirs Assigns for ever under such Rents Tenures and Services as they were formerly held And it is further Enacted by the Authority aforesaid That Cornet Robert Meredith and such others to whom the premisses were set out for Arrears be forthwith reprized for the same by other forfeited lands of equal value worth and purchase by Our Commissioners appointed or to be appointed for putting Our Gracious Declaration and Instructions in execution and that the lands so to be set and given for reprizals unto the said Cornet Robert Meredith and the others interested in the lands aforesaid be by the Authority aforesaid on the setting out thereof vested and setled in the said Robert Meredith and the rest of the said persons to be reprized and their Heirs respectively And be it further Enacted by the Authority aforesaid That Sir
lyable to the Satisfaction of such Arrears in the County of Kildare and elsewhere in the Kingdom of Ireland lying most convenient unto the Estate of the said Earl of Kildare which he the said Wentworth Earl of Kildare shall make choice of all which said Satisfactions are to be made at the same Rates and Proportions and according to the same Rules as are directed by this Act in Cases of the like Nature any thing in this present Act or any clause therein contained to the contrary in any wise notwithstanding Provided always and be it further Enacted That all such Adventurers who are or shall be removed from any of the Lands Tenements and Hereditaments belonging to Theobald Purcell of Loghmoe in the County of Tipperary lately deceased shall be only reprized out of Surplusage Lands within the Security of the Adventurers any thing in this Act to the contrary thereof in any wise notwithstanding Provided alwayes That nothing in this Act contained shall prejudice the Right Title or Interest of Martin Noel or John Arthur in any the forfeited houses tenements or hereditaments in the Town of Wexford And it is hereby Enacted That such of the said Houses Tenements and Hereditaments in the said Town of Wexford as shall be found to be forfeited and already set out unto the said Martin Noel and John Arthur shall be and are hereby vested in and setled upon the said Martin Noel and John Arthur their Heirs and Assigns for ever under such Rents and according to such respective Rules as were set down in his Majesties said Declaration and Instructions Provided alwayes That this Act or any thing therein contained shall not extend to any person or persons Bodies Politick or Corporate any Manors Lands Tenements Rents Reversions Services or Hereditaments which did belong unto any Hospital Almes-house Lepers or Lazars or other charitable Vse within the said Kingdom of Ireland on the Two and Twentieth day of October in the year of our Lord One Thousand Six Hundred Forty one but that all such Manors Lands Tenements Rents Reversions and Hereditaments and every of them shall be restored setled and disposed to the respective Hospitals Almes-houses Lepers Lazars or other charitable Vse to which they or any of them did belong before the said year One Thousand Six Hundred Forty and One and that to be done by the Inspection Direction and Regulation of the Lord Lieutenant or other chief Governour Governours and Council for the time being any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it further Enacted That Arthur now Earl of Anglesey and Lord Viscount Valentia his Heirs and Assigns in his and their respective Settlements and Satisfactions pursuant to this Act shall and may enjoy the ful benefit and advantage of his Majesties respective Gracious Letters in the behalf of the said Lord Viscount Valentia under his Majesties Royal Signet Inrolled in his Majesties high Court of Chancery in Ireland so far forth as the same are consistent with his Majesties said Declaration any thing in this Act to the contrary notwithstanding Provided alwayes and be it enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend or be construed to extend to any Manors Castles Towns Villages Messuages Houses Lands Tenements or Hereditaments whereof Simon Luttrel of Luttrelstown in the County of Dublin Esq deceased or Thomas Luttrel Son of the said Simon or either of them were or was seized in Fee or Fee Tail in Vse Possession Remainder or Reversion on the Two and Twentieth day of October One thousand six hundred forty and one or whereof they or either of them or their or any of their Tenant or Tenants was or were dispossessed expulsed or removed by or under colour of any Actings of the late Vsurped Power in the Kingdome of Ireland but that the said Thomas Luttrel his Heirs and Assigns shall and may from henceforth have hold and enjoy all and singular the said Manors Castles Towns Villages Messuages Houses Lands Tenements and Hereditaments with appurtenances without and before any previous Reprizals and at the ancient Rents and Tenures any thing in this Act contained to the contrary thereof notwithstrnding Provided alwayes and be it hereby enacted That John Bellew of Castletown in the County of Lowth Esq his Heirs and Assigns shall have hold possess and enjoy all the Houses Lands Tenements Rents Services and Hereditaments whatsoever which did belong in Possession Reversion or Remainder to Sir Christopher Bellew late of Castletown aforesaid Knight Father to the said John on the Two and Twentieth of October in the year of Our Lord God One thousand six hundred forty and one in as large and ample manner as the said Sir Christopher or any other in his Right or to his Vse enjoyed the same subject nevertheless to such Charges and Incumbrances as were justly laid upon or issuing out of the said Estate before the said Two and Twentieth day of October One thousand Six hundred forty and one any Clause Proviso matter or thing in this Act whatsoever to the contrary notwithstanding Provided alwayes That John Morrish and Robert Clayton and their Heirs Executors and Assigns shall have hold and enjoy all and singular the forfeited Manors Lands Tenements and Hereditaments in the County of Wexford in Ireland whereof they or One of them stand seized or possessed in Trust for Sir John Cutler Knight and Baronet Sir Edward Heath Knight of the Bath Thomas Yate Doctor in Divinity Robert Abbot Gentleman Didier Fouchant Gentleman and Timothy Stamp Esquire and whereon or on some part whereof Iron-works and other necessary Improvements have been erected and made and which were formerly purchased or taken in Lease in the Names of any of the parties above-named from Officers Souldiers or others to whom the same were set out or allotted in satisfaction of Adventures or Arrears or did otherwise of right appertain according to the effect and purport of the several and respective Deeds of Purchase and Demise and with such benefit of Reprizal in case of restitution or incumbrance and with such other Advantages as any Adventurer or Souldier their Heirs or Assigns within the Province of Leinster ought to have any thing herein contained to the contrary notwithstanding Provided alwayes and be it further enacted That the Lands and Estate formerly set out in the County of Cork unto Hercules Huncks Esq for his Arrears due for his Service in Ireland be established on and confirmed unto Edward Adams of London Merchant his Heirs and Assigns for ever according to such Tenures Rents and Services and under such Limitations and Directions for Reprizal as are set down and expressed for any other Officer or Souldier in this present Act any thing herein to the contrary notwithstanding And whereas several of the Inhabitants and Proprietors of the City of Dublin and Town of Drogheda who constantly adhered unto the Royal Authority until the withdrawing
lie most contiguous unto the Fort of Duncannon which lands so as aforesaid to be set out shall be reserved unto his Majesty his Heirs and Successors to the intent that the Rents Issues and Profits thereof may for ever be imployed for and towards the better support and maintenance of the Fort aforesaid and all and every the Adventurers and Souldiers and other reprizable persons to whom any of the said Lands so as aforesaid to be set out have been heretofore allotted or disposed shall be forthwith reprized out of some other forfeited lands of an Estate of equal value worth and purchase any thing herein before contained to the contrary notwithstanding Provided alwayes and be it further Enacted That all and singular the forfeited Messuages Manors Lands Tenements and Hereditaments whereof Henry Jones Lord Bishop of Meath or any other person or persons in Trust for him or to his Vse were seized or possessed on or before the Nine and Twentieth day of May One thousand six hundred and sixty shall be and are hereby vested and setled in and confirmed unto the said Henry Lord Bishop of Meath in his natural capacity and shall be held and enjoyed by him the said Henry Lord Bishop of Meath and his Heirs subject to the like Rents Tenures and Payments as any Adventurer for lands in the Province of Leinster ought to be and in case any of the forfeited lands hereby vested in the said Lord Bishop of Meath did heretofore belong to any restorable person other than innocent persons that then and in such case no restitution shall be made until the said Henry Lord Bishop of Meath be first reprized with an estate in value worth and purchase equal to that which ought to be restored any thing in this Act to the contrary notwithstanding Provided alwayes and be it Enacted and Declared by the Authority aforesaid That nothing in this Act contained shall extend to the disposal of any lands tenements or hereditaments whereof the Provost Fellows and Scholars of the holy and individed Trinity near Dublin of the Foundation of Queen Elizabeth were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession but that the said lands tenements and hereditaments together with the Right Title and Interest of all and every person and persons to any of the said lands tenements and hereditaments which they held by virtue of any Grant Lease or Fee-farm from the Provost Fellows and Scholars of the said Colledge and which is forfeited to his Majesty by the late Rebellion shall remain and are hereby granted and confirmed to the said Provost Fellows and Scholars and their Successors for ever paying for the same such Rents as Adventurers ought to pay for lands within the Provinces where the lands hereby granted and confirmed lye any thing in this Act contained to the contrary thereof in any wise notwithstanding And whereas there are Fees claimed to be due to Sir Audley Mervyn Knight Speaker of the House of Commons Sir George Lane Knight Clerk of the House of Lords Philip Fernly Esq Clerk of the Houss of Commons and other Attendants on either of the said Houses out of every Bill past in Parliament wherein or whereby any person or persons Bodies Politick or Corporate receive any Grant of or restitution to any forfeited lands tenements or hereditaments to them or any of them their Heirs and Successors being particularly Named or included in the said Bill Be it therefore Enacted by the Authority aforesaid That the ascertaining the respective Fees payable by the said persons Bodies Politick and Corporate not particularly named by this Act though included therein both as to the sum and sums and the way time manner and paying thereof be and is hereby left to the consideration of the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being after Advice therein had with both Houses of Parliament there and what Order or Orders shall be by them after such Advice resolved upon and recorded in the High Court of Chancery shall be as good effectual and binding to all intents and purposes for the demanding Levying and Payment of the said Fees to the persons aforesaid their and every of their Executors and Assigns as if the said Order or Orders were particularly and distinctly set down and expressed in this present Act. Provided also that any thing in this Act contained shall not avoid the grant of a Remainder of a term of years in certain Lands Tenements and Hereditaments lying in the Parish of Finglasse and County of Dublin forfeited by William Hewlet and passed by Letters Patents under the Great Seal of this Kingdome to Sir Timothy Terril Knight but the same are hereby confirmed for and during the term aforesaid to the said Sir Timothy Terril his Executors Administrators and Assigns Provided also and be it further Enacted by the Authority aforesaid That neither this Act nor the Act enabling Ecclesiastical persons to make Leases for Sixty years for the encouragement of Planters nor any matter or thing contained in either of them shall prejudice the Right Title or Interest of Richard Earl of Cork or of Michael Lord Bishop of Cork in or unto the Town and Lands of Ballymulcask in the County of Cork but that the same may continue and be in such state and no other as if the said Acts or either of them had never been made any thing in this Act or the said other Act notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid that Randal now Marquess of Antrim shall be restored to all and singular the Manors Lands Tenements and Hereditaments whereof he or any other in Trust for him stood seized or possessed upon the Three and Twentieth day of October in the year of Our Lord One thousand Six hundred forty one in such manner and form and according to such order and method and no other as the Lord Viscount Nettervil and the Lord Viscount Galmoy and the rest with them in the Declaration herein before mentioned ought by virtue of the said Declaration and this present Act to be restored to their respective Estates any thing herein contained to the contrary in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the sum of Eight thousand Pounds Sterling shall be fully satisfied and paid at such times and in such way as your Majesty or your Successors shall appoint or direct unto Sir James Shane Knight his Executors Administrators or Assigns for and in recompence of his Estate in the half Barony of Irris which by this Act is absolutely vested and continued in your Majesty your Heirs and Successors and that in the mean time until the same be fully satisfied Arthur Earl of Anglesey you Majesties Vice-Treasurer and Receiver General or any other Vice-Treasurer or Receiver General of this Kingdome that hereafter shall be and is hereby Authorized and required
One thousand Six hundred Forty nine in the Counties of Wicklow Longford Donnegal Leytrim the Mile-Line in Connaught and Clare and the Houses in the Cities Walled Towns and Corporations in Ireland It is Enacted and be it Enacted That all such persons and all and every the Heirs Executors Administrators and Assigns of such persons who have lent Mony or furnished any Provisions Clothes Armes or Ammunition for the Support of the Army in Ireland before the Sixteenth of September One thousand Six hundred Forty three shall be satisfied their just Debts of the aforesaid Securities And be it further Enacted That all such Persons their Heirs Executors and Administrators who have entred into Bonds or given any Security by Bills of Exchange or otherwise for the Debts afore-mentioned shall be in the mean time till Satisfaction be made and granted as aforesaid saved discharged and kept harmless and not liable to any Suit or Prosecution against them or any of them their Heirs Executors Administrators or Assignes respectively Provided alwayes and it is hereby Enacted That the Town and Lands of Ballyanin Garriduff East Ballivodicke West Ballivodicke and West Ballintobride in the Barony of Barrimore and County of Corke set out and disposed to Sir St. John Brodericke Knight in the year of Our Lord One Thousand Six Hundred Fifty Four and now in his possession shall be and are hereby vested in and settled upon the said Sir St. John Brodericke his Heirs and Assignes for ever by and under such Tenures Rents and Services as are appointed by Your Majesties said Gracious Declaration and this Act for Lands set out in the Province of Munster in Satisfaction of Arrears for Service in Ireland Provided nevertheless and it is hereby Declared and Enacted That Your Majesties Lieutenant Deputy Iustices or Iustice or other chief Governour or Governours of this Kingdom for the time being shall and may and hereby are impowred and authorized to apportion and divide from time to time the cost and charges which have been or shall be necessarily expended by the Commissioners or others in for and concerning the Execution of the said Declaration that the same shall be equally satisfied by the whole Adventurers Officers and Souldiers that have or shall have Lands for Adventures or Arrears either before One Thousand Six Hundred Forty Nine or since without any Distinction and that the Officers who served in Ireland before the Fifth of June One thousand Six Hundred Forty Nine or their Securities he not charged with more then their ●ateable Shares and due Proportion any thing herein formerly mentioned to the contrary thereof notwithstanding And whereas the Committee of Adventurers sitting at Grocers Hall London for the better management of their affairs in relation to their Adventures are necessitated in Order thereunto to endeavour the raising of a considerable sum of money of and from the said respective Adventurers as well for paying of the Debts already contracted as for the defraying the publick Charges for the better carrying on of the said Service for the future and for as much as some of the said Adventurers may prove to be refractory in paying and allowing their reasonable proportions of money towards the Charges aforesaid It being nevertheless expedient that a Service of such publick and common advantage should be equally born and paid by all persons concerned therein according to their respective Interests Be it therefore further Enacted by the Authority aforesaid That every of the said Adventurers their Heirs or Assignes whose Estates are to be confirmed pursuant to your Majesties said Gracious Declaration shall allow satisfie and pay such sum and sums of money as the said Committee or any five or more of them shall think sit and appoint for the carrying on of the said Service such sum and sums of money not exceeding Two Pence in every Twenty Shillings adventured by such Adventurer and in default of such appointment That Two Pence in every Twenty Shillings adventured by such Adventurer be raised and levied and that the same shall be paid to Erasmus Smith Esq Martin Noel of London Esq William Barker of London Esq Thomas Gower of St. Mary Woll Church of London Esq Edward Smith of St. Mary Overies Esq and Hugh Ratcliffe of St. Martins Esq or to such person or persons as they the said Committee of Adventurers sitting at Grocers Hall or any five or more of them from time to time shall direct and appoint and in default of payment thereof it shall and may be lawful to and for the persons aforesaid or any of them or such other person or persons as they shall direct or appoint to leavy by Distress and Sale of the Goods and Chattels of such persons so making default double the sum in arrears rendering the Over-plus to the party distrained And whereas Sir Francis Willoghby Knight lately deceased by the Tyranny and Oppression of the late Vsurpers was in his life time cast out of all Commands in this Kingdome and enforced to give up all his Debentures and Warrants of full pay for his Service in Ireland before the year One Thousand Six Hundred Forty Nine they assigning him only Two Thousand Acres in the County of Clare for Two Thousand Pounds in full Satisfaction of his whole arrears Be it hereby further Provided and Enacted by this present Parliament and by the Authority of the same that no less prejudice or damage whatsoever shall arise to or befall Dame Elizabeth Willoghby the Relict and sole Executrix of the said Sir Francis Willoghby for or by reason or in respect of her said Husbands necessitated accepting of the said Lands in the County of Clare in Satisfaction of all his said Debentures or Warrants of full Pay in manner as aforesaid other than the abating out of his whole arrears the aforesaid sum of Two Thousand pounds and the Issues of Profits of the said Lands and Tenements since the time of the said abatement and acceptance had and received But as to the residue of the said arrears due unto the said Sir Francis Willoghby before the Fifth of June One Thousand Six Hundred Forty Nine for his Service in Ireland the said Dame Elizabeth Willoghby and her Assigns according to Your Majesties Gracious Intentions declared by Your Letters of the Thirtieth of March One Thousand Six Hundred Sixty One in her behalf shall be admitted and accepted to have ask demand and receive as full and ample Satisfaction for the same out of the Securities by this Act set apart for satisfying the arrears of the Commissioned Officers before the Fifth of June One Thousand Six Hundred Forty Nine to all intents and purposes as if she were to that end named provided for and saved in Your Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty and as any Commissioned Officer or Officers whatsoever who served in Ireland before the year One Thousand Six Hundred Forty Nine and hath hitherto received no part of satisfaction for such his
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
still enjoyed the same Provided always and Be it Enacted by the Authority of this present Parliament That one Grant or Lease made by Randal now Marquess of Antrim on or about the One and Twentieth day of November in the year of Our Lord One Thousand Six Hundred Thirty Seven of the Barony of Carey the Lordship of Bally Castle and the Island of Rachlins and all his Lands and Hereditaments within the said Barony Lordship and Island or any of them unto Alexander Mac Donnel John Moore Archibald Stewart and John Trayleman for ninety nine years from Michaelmas One Thousand Six Hundred Thirty Seven which Lease was made in Trust for payment of and Counter-Security against his Debts shall be and remain of the like effect and force in Law and no other as the same was before the making of this Act any thing in this Act before contained to the contrary notwithstanding And that the said Estate and term of years of and in the said demised premisses shall be and is hereby transferred from the aforesaid Lessees unto and vested and setled in Martin Noel Esq Thomas Carleton Citizen and Mercer of London and John Bradborne of the Middle Temple London Gentleman who shall hold and enjoy the said demised premisses from henceforth for and during such Interest as they legally have by the said Lease upon this Trust reposed in them the said Martin Noel Thomas Carleton and John Bradborne that they their Executors and Administrators shall from time to time dispose and imploy such moneys as they shall raise or receive by or out of the said Premisses for and towards the Satisfaction and Payment of all such Debts of the said Marquess as are yet unpaid and were intended by the said Lease or Ninety nine years to be secured and that all and every person and persons now seized or possessed of any part of the premisses and reprizable by the Rules of the Declaration and Instructions and this present Act shall be forthwith reprized for so much as shall be Adjudged from Them by Virtue of the said Lease Provided always and Be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Right Honourable Thomas Earl of Southampton Lord High Treasurer of England Anthony Ashley Lord Ashley Sir Orlando Bridgman Knight and Baronet Lord Chief Iustice of his Majesties Court of Common Pleas and Sir Henry Vernon To Have Hold and enjoy to them and their Heirs and Assigns all that the Castle Manor and Abby of Eniscorthy in the County of Wexford and all those Manors Townships Lands Tenements Territories and Hereditaments late parcel of the possessions of Robert Wallop commonly called or known by the name of Kilbeck Clony Turnesallough and Effernock and also all that the Priory or Rectory and Church Impropriate of Salsker in the said County of Wexford late parcel of the possessions of the said Robert Wallop with all Tythes Oblations Obventions and all other Profits whatsoever thereunto belonging and all other the Messuages Lands Tenements Tythes Rents Reversions and Hereditaments whatsoever in the Kingdom of Ireland granted or mentioned to be granted unto the said Earl of Southampton Lord Ashley Sir Orlando Bridgman and Sir Henry Vernon and their Heirs in and by certain Letters Patents bearing Date the Six and Twentieth day of September in the Thirteenth year of his Majesties Reign which said Letters Patents shall be and are hereby ratified confirmed and approved according to the Tenor and Purport thereof any thing in this present Act contained to the contrary thereof in any wise notwithstanding Provided always and Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Richard Ingoldsby Knight of the Bath to receive and take to his own use the Rents Issues and Profits of all and singular the Messuages Lands and Tenements formerly belonging to Sir Hardress Waller and now forfeited by the Attainder of the said Sir Hardress Waller for High Treason and also all and singular the Goods and Chattels formerly belonging to the said Sir Hardress Waller and now forfeited wheresoever the same shall be found in the Kingdom of Ireland until the said Sir Richard Ingoldsby shall out of the Rents and Profits or by reason of the said Goods and Chattels be fully satisfied and paid the sum of Two Thousand Pounds with the Interest thereof since the year One thousand Six hundred Fifty eight or so much thereof as remains yet unsatisfied he the said Sir Richard Ingoldsby accompting for and paying the full Overplus thereof if any shall be unto Our Sovereign Lord the King any thing in this Act before contained to the contrary notwithstanding Provided always and be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for Sr. George Lane Knight his Heirs and Assignes to have hold possess and quietly enjoy to the use of him the said Sir George Lane Knight his Heirs and Assigns all the Lands Tenements and Hereditaments wherein the said Sir George Lane had any Estate in Possession Reversion or Remainder on the Fifteenth day of September One thousand six hundred and fifty And also all the Castles Manors Lands Tenements and Hereditaments which he the said Sir George Lane or any other person or persons in Trust for him the said Sir George Lane or to his Vse hath or have purchased of or from Thomas Dutton Esq Son and Heir of Sir Thomas Dutton Kt. deceased and also of and from Sir John Norton of Rotherfield in the County of Southampton Baronet situate lying and being in the Counties of Longford and Leitrim containing by Estimation Two Thousand Six hundred Acres of profitable land be it more or less And also all other the Messuages Lands Tenements and Hereditaments whereof John Cook and Philip Hore lately attained for High Treason or either of them or any other person or persons to the use of or in Trust for them or either of them was or were seized or possessed on the Day they the said John and Philip respectively committed their several Treasons or at any time since and which were given and granted or mentioned to be given and granted by his Majesties Letters Patents under the Great Seal of Ireland unto the said Sir George Lane and his Heirs according to the purport and meaning of the said Letters Patents all which said Manors Castles Lands Tenements and Hereditaments are to be held and enjoyed by the said Sir George Lane his heirs and assigns with like benefit of Reprizal in case of Restitution as any Adventurers ought to have Saving to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns other then to the Kings Maiesty his Heirs and Successors and other then to the said Thomas Dutton Sir John Norton John Cook and Philip Hore or any of them or the Heirs Executors Administrators or Assigns of them or any of them and other than such person
who have been for Publick security dispossessed of their Estates within any Corporation shall be forthwith Reprized in Forfeited Lands Tenements and Hereditaments neer the said Corporations to the full Value Worth and Purchase of such Estate as he was dispossest of within such Corporation And that particularly the Popish Inhabitants of Cork Youghall and Kingsale shall have undisposed Forfeited Lands set out to them in the Baronies of Barrimore and Muskerry in the County of Cork according to their respective Decrees past in that behalf Provided that in the case of innocent Papists within the said respective Corporations that were dispossessed as aforesaid it shall remain in His Majesties Power to grant restitution in like manner as is provided in the case of other innocent Papists We are also graciously pleased that the Lands and Houses set out to any person or persons for satisfaction of any Money lent or publick Debts incurred for Provisions Armes or Ammunition furnished for support of Our Army in Ireland in the beginning of the Rebellion shall be and remain disposeable for the satisfaction of such of the said Debts and Debentures for such Debts as upon examination of the respective Cases shall appear most deserving consideration and satisfaction in such proportions as shall be thought most equal and just We are likewise graciously pleased to declare That the Lands set out to George Duke of Albermarle Captain General of Our Armies of England Scotland and Ireland for his Arrears and Service in Ireland as also the Lands being for Arrears purchased by him and whereof he is now possessed and the Lands setled upon Roger Earl of Orrery Charles Earl of Mountrath Richard Lord Baron of Caloony Chidley Coote and Thomas Coote Esquires the Relict and Heirs of Sir Simon Harcourt Sir William Penn and the Relict and Children of Col. George Cook Sir Theophilus Jones Sir George Ayscough and the Orphans of Colonel Owen O Connelly for their Service and Sufferings in the War of Ireland As also the Lands set out to Richard Urial and Thomas Crostthwart of One hundred Pounds per annum As also all such Lands Tenements and Hereditaments as Arthur Lord Viscount of Valentia hath purchased from any persons in actual possession thereof by virtue of any Grant Order or disposition of the late Vsurped Powers or any of them shall be setled and confirmed unto them their Heirs and Assigns respectively And also that Lands be set out to Major George Rawdoh in satisfaction of Debentures due to him for Arrears and Provisions furnished for Ireland Provided alwayes and We do hereby declare that it is not Our intention thereby to weaken or avoid the Iust and Legal Citie of any Person that is restoreable by this Our Declaration But that if any of the said Estates shall be accordingly restored to the former Proprietor that then a Reprize of equal Value Worth and Purchase shall forthwith be assigned in lieu thereof And as We cannot but with extraordinary sadness of heart remember and even at present behold the desolate and distracted condition that Our Kingdome of Ireland hath been and is reduced unto by the unnatural Insurrection begun in the Year One thousand Six hundred Forty one and consequently abhor and detest the Contrivers and obstinate Promoters of the same against Vs Our Crown and Dignity So We cannot upon the considerations formerly exprest in this Our Declaration deny all Iust and Reasonable Provision that may stand with the present Iuncture of Our Affairs unto such of the Irish Nation who not onely gave early Evidences of their Repentance for their Crimes but also persevered in their Loyalty to Vs and Our Commands And that as near as We can Our Iustice and Our Mercy in accommodating this Interest might not justle each other We are in a different manner to consider of such of them as are justly Entituled to the Benefit of those Articles of Peace formerly mentioned and such who did not submit unto the same or after a submission made a departue from the same which two latter sorts have justly forfeited that Favour which otherwise they might have received We are also further to consider of those who embraced the said Articles and submitted to the said Peace without any Apostacy in a different notion as of those who remained in that Our Kingdome who sued out Decrees and received Lands in satisfaction of their ancient Estates and those who being Transported into Forreign parts through many difficulties Vnited Rendevouzed and served under Our Obedience So that upon these considerations We think fit and declare and accordingly do declare That as to those who imbraced the said Articles and submitted to the said Peace and constantly adhered thereunto and remaining at home sued out Decrees and obtained possession of Lands in the Province of Connaught or County of Clare that they are to stand bound by them and not to be relieved against their own Act who contented themselves to enjoy a part of satisfaction for their own rather than to attend our Restitution or submit themselves to Our Command in Forreign parts as others did And yet if the conditions of those seem hard they can no more reasonably expect that We should further relieve them than Our friends in England and Ireland can expect that we should pay back to them all the Moneys they were compelled in the evil Times to pay for their Compositions which they would have avoided had it been in their power And in case any justly Entituled to the said Peace have obtained Decrees for Lands in the Province of Connaught or County of Clare in lieu of their former Estate● and have not been possest of lands according to such their respective Decrees We further declare That if by the First day of November One thousand Six hundred Sixty one they shall not be possest of such Decreed lands they shall immediately after the said day he otherwise satisfied for the same And as to those who continued with Vs or served faithfully under Our Ensignes beyond the Seas We think fit and accordingly declare That they shall be restored to their former Estates if they by themselves or Agents Authorised by them have not prosecuted and obtained Decrees and lands in the Province of Connaught or County of Clare in compensation of their former Estates a Reprize being first assigned and legally set out of the remaining Forfeited lands undisposed of to such Adventurer or Souldier or other person before named of equal Value Worth and Purchase to the Estate out of which such Adventurer or Souldier or other person aforesaid shall be so removed Yet so that if any Charge Debt or other legal incumbrance have been due upon or out of any such lands so to be restored which by law or good Conscience ought to be discharged by the party so to be restored And that the said Charges Debts or Incumbrances have been discharged or satisfied by the party his Heirs or Assigns from whom such lands are now to be Reprized
Lieutenant Edmond O Molloy Ensign Alexander Mac Donnel Captain Edward Sartfield Lieutenant James Enis Ensign Phellem Dempsey Captain Bryan Fitz-Patrick Lieutenant Jeffery Fitz-Patrick Lieutenant Miles Bremmingham Ensign Connor Mac Gwier Captain Hugh O Conner Dun of Balin Tober Lieutenant Robert Misser Ensign John Ferral the Lord Viscount Iveagh Lieutenant Henry Tute Ensign Phellim Curtane Captain Walter Phillips of Clunmore Ensign Hugh O Conner Captain Dudley Costello Lieutenant Roger O Conner Captain Gerald Dillon of Portleck Lieutenant John Dillon Ensign Robert Dillon Captain Mathew Moony Lieutenant John Flanelly Ensign Owen Sullivane Adjutant Roger Brenane Adjutant John Dillon Anthony French Iudge Advocate Sir Uillick Bourk Knight and Baronet of Glinsk in the County of Galway Captain Fran Berne of Rodin in the County of Roscomon Captain Hugh Oneile of the Province of Ulster Captain Phelim Mac Genis of the said Province Captain Hugh Omeignine Captain Theobald Dillon of Bracklon in the County of Roscomon Captain M●●tagh Clanchy of Castlekeale in the County of Clare Captain Cun O Neile of Ardgonel in the County of Armagh Lieutenant William Bourke of Turlagh in the County of Mayo Lieutenant John Mac Donough of Cusca in the County of Sleigo Captain John Caesy Lieutenant Brian Mac Genis of the Province of Ulster Ensign Brian Mac Genis of the said Province Ensign Lowys Mac Dowel of the County of Roscomon Ensign Thomas Birne of the said County Ensign William Talbot of Hagertown in the County of Lowth Ensign Roger O Malreanin of Tully Mulreanin in the County of Roscomon Ensign Owen O Keny of Clanboren in the County of Galway Lieutenant Patrick Clenton of the County of Lowth Lieutenant Michael Mac Donagh of Coloony in the County of Sleigo Charles O Flyne of Celtabar in the County of Roscomon Nicholas Walsh Esquire of Traly in the County of Kerry Francis Coghlane of Belclare in the Kings County Henry Birne of Dangan in the County of Roscomon Patrick Mac Gwire of Balykilcuny in the County of Ineskilyn John Brady of the County of Cavan Colonel Richard Grace Lieutenant Colonel Charles Molloy Colonel Wil. Bourke Captain Stephen Molloy Captain Edmund Fitz Patrick Captain Art Mac Terlogh Molloy Capt. John Caroll Capt. Neal Morris Capt. William Dullany Capt. Edmund Bourke Captain Owen Flattery Captain Walter Walsh Captain Walter Butler Capt. Teige Carol Capt. Gerrot Aylmer Capt. William Mac Redmund Bourke Capt. Theobald Butler Capt. William Stapleton Capt. Philip Kennedy Capt. James Devin Capt. Art Molloy Lieute Patrick Dallachanty Lieut. John Molloy Lieut. Brian Flattery Lieut. Alexander Dalton Lieut. John Mac Gerrot Molloy Lieut. Symon Coghlane Lieut. Daniel Kennedy Lieut. Edward Molloy Lieut. Nicholas Sweetman Lieut. James Hynane Lieut. Oliver Grace Lieut. James Cummerford Lieut. Thurlogh Carrol Lieut. John Molloy Lieut William Fogurthy Ensign Anthony Gosse Ensign Fanagh Molloy Ensign William Tute Ensign Christopher Russel Ensign Owen Gilmer Ensign Richard Coddy Ensign Daniel Higgen Ensign Will. Carrol Ensign John Fitz Patrick Ensign Eneas Reardan Ensign _____ Kelly Ensign Piers Walle Ensign John Pyndergast Ensign Teige Carrol Ensign Thomas Butler Col. Hoyle Walsh of Ardery in the Barony Iverke in the Countie of Kilkeny Col. Wil. Brown of Balrankan in the County of Wexford Major Oliver Fitzharryes in the County of Limreik Capt. Robert Walsh of Borredstown in the Barony of Knocktofer in the Countie of Kilkeny Captain Therlagh Molloy in the Barony of Balyboy in the Kings County Capt. Nicholas Plunket of Dunsoghly Lieut. John Meagher of Grange in the Barony of Ikerin in the County of Tipperary Henry Rochford of Kilbred in the County of Kildare Col. Lewis O Farrol Sir Connel Farrol of Tirlickin in the County of Longford Kt. Lieut. Col. Capt. Terence Feral of the County of Longford Capt. Faghna Feral of the said County Capt. Charles Kelly of Skryne in the County of Roscomon Capt. John Mac Rory Farel of the County of Longford Charles Feral of the said County Capt. Jasper Tute of the County of Westmeath Lieut. Farriagh O Hanly of Slewbane in the County of Roscomon Lieut. Morogh O Flaherty of Uma in the Barony of Balenehenzey in the County of Galway Capt. Bryan Lennan of Fale in the County of Antrim Lieut. Con Mac Gennis of Iveagh in the County of Down Ensign Andrew Fallon of Miltown in the County of Roscomon Capt. Tiege O Flaherty Col. George Cusack Col. Piers Lacy of the Broof in the County of Limrick Capt. James Weldon Lieut. John Talbot of Belgard in the County of Dublin Mr. Christopher Russel of Seaton in the same County Mr. Wil. Talbot of Hagerstown in the County of Lowth Mr. Thomas Cusack of Carick in the County of Kildare Mr. Harald of Kilnekeuge in the County of Dublin Capt. Wil. Skelton Terence Molloy of Gortachutrey in the Kings County James Eustace of Culadain in the County of Wexford Owen Waddrick of Kilchecle in the County of Wexford Arthur Linch of _____ in the County of Meath Roger Duygin of Corr in the Kings County Lawrence Bellew of _____ in the County of Lowth And though some not sensible of the great perplexities We have laboured under to reconcile these Iarring Interests may infer That where We judge persons sitting to be restored to their Estates yet the limitation of a previous Reprizal may Eclipse much of Our Grace To this We say That the laying of the Foundations is not now before Vs when We might design the Model of the Structure answerable to Our own thoughts And how hard it would be that the English after so many expensive difficulties in Suits of Law and finding several Officers in Order to get the present possession they enjoy And that after so many thousands of Families who have sold their Interests in England have transported and settled themselves in Ireland and have made great improvements in Buildings and otherwise should in the Interval of these accommodations Reprisal not being first provided for be dispossessed of their Houses and their Stocks the sole subsistance of them and their Families exposed to certainty of loss though greater inconveniencies We pretermit may easily be judged To this We might adde That since the persons of the Irish for whom we do hereby intend satisfaction are such who have been abroad with Vs who probably being not furnished with Stock and other Provisions may with less inconveniencies wait for a Reprizal than to dispossess others especially since we are fully assured that a very short time may and will Assign them their respective Reprizals there being so good and large a proportion of undisposed Forfeited lands in Our Power reserved for this purpose and We doubt not but the persons most concerned in this supposed prejudice throughly weighing these inconveniencies and that they will be but of a short duration and how great and reasonable a dissatisfaction a contrary acting in Vs will produce will acquiesce therein by such a forbearance lay the Foundation of a good Vnderstanding between themselves those other their fellow-subjects who are
give unto them others for the remaining part not satisfied the which Debentures so delivered upon the said Purchase shall at the making of the Contract be fairly entred in books for that purpose to be kept And if any such Purchaser or Purchasers shall fail so to deliver up Debentures according to his Purchase as aforesaid such Sale or Purchase shall not be good or allowed unto such Purchaser or Purchasers nor such Officers Debentures admitted in any other Purchase Provided alwayes That where any Purchaser shall purchase with Money he shall pay down one fifth part of the Money at the making the said Contract and the remaining part within Eight and twenty dayes and failing of the said payment within Eight and twenty dayes he shall forfeit the said Fifth part paid and the Purchase shall be void and the Money so paid in Purchase shall be towards satisfaction of the Arrears of the said Officers The said Purchase being fully perfected in manner as aforesaid you are to give unto such purchaser or purchasers a Certificate of the particulars thereof which Certificate such persons shall forthwith Record in Our Surveyor Generals Office whereupon Our Court of Exchequer shall forthwith grant an Order for the quiet possession of the Premisses For your more full information as well of the particulars aforesaid as in the Value Worth Quantity Quality Scituation of such Houses Lands Tenements and Hereditaments so to be sold you are to have recourse to the Surveyes taken of them and where you shall suspect such Surveys faulty you are to appoint fit persons to Re-survey and Certifie the same unto you Whereas the Corporation of Bandon-Bridge having formerly issued several sums of Money and Provisions for the Pay and Support of the Army in Ireland to whom in consideration of the said Moneys and Provisions Lands have been assigned and set out upon the Receipt of which Lands they have delivered up their Vouchers you are therefore to examine what Lands have been assigned and set out to them and to settle so much thereof upon the said Corporation as shall amount unto the clear yearly value of One hundred pound by the year You are also to take care that the Lands set out to Susanna Bastick and her Children be accordingly confirmed to them And whereas We have by Our said Declaration assigned the benefit arising from the Redemption of Mortgages Statute Staples and Iudgements where the Lands are not already disposed of to Adventurers or Souldiers for and towards the satisfaction of such Officers who received no satisfaction for their Arrears before the Fifth day of June One thousand Six hundred Forty nine you are therein to observe these following Directions You are to have recourse to the Records of the late Court of Claimes and Our Court of Exchequer or other Courts the better to ascertain your knowledge what Lands were so incumbred as also if you shall see cause you are to make inquiry in all places within Our Kingdom of Ireland for the Discovery of such Mortgages Statute Staples Iudgments and other Incumbrances And after such particular knowledge of the premises obtained on the remaining term you are to make a just Estimate according to the Rates currant of what the Fee-simple of such Lands Tenements and Hereditaments lying under the said Incumbrances are worth alwayes deducting the Moneys to be paid in order to discharge the said Incumbrance and the same particularly and distinctly to enter into one or more Books fitted for that purpose and if the person Entituled to the Incumbrance will pay what the Land amounts to in value above the Moneys payable in discharge of the said Incumbrance then such person is to have the absolute Estate of the said Lands legally setled to him and his Heirs But if such person shall refuse to pay the said Over-plus then if any Officer interested in the said Security will purchase any part thereof he shall after discharge of the Incumbrance out of the common Stock of the said Security enjoy the same as far as his Debenture or so much thereof as he shall place thereupon shall reach And for such part of the benefit arising out of such Incumbred Lands which shall not be purchased by any Officer as aforesaid it shall be put to Sale and the Moneyes by such Sales shall be for the satisfaction as is in Our Declaration expressed And whereas We have assigned a years Rent and a year and a halfs Rent payable by the Souldiery in Ireland towards the satisfaction of such as in our said Declaration are expressed you are therefore to take care that the said Moneys and Rents be paid unto such persons as We shall particularly appoint to receive the same who are hereby Authorized and impowered from time to time by Proclamation or otherwise to cause publick notice to be given to the respective Adventurers Souldiers and others who are to pay the said moneys of the manner place for payment thereof And if any Adventurer Souldier or other person shall refuse or neglect to pay his or their moneys in way or manner and at the place so to be appointed the Lands Tenements and Hereditaments of such person so failing shall be seized into Our Hands and so continue for Security and Satisfaction of the said several Rents And the said Souldiers are to pay the said moneys unto such persons as We shall appoint to collect and receive the same who are to pay over the same unto Our Right Trusty and well Beloved Cousin and Councellour Arthur Lord Viscount Valentia Our Vice-Treasurer of that Our Kingdom who is hereby required to issue forth the same according to such Warrants or Orders as he shall from time to time receive from any five or more of You as aforesaid for and towards the Satisfaction of the aforesaid Arrears And to the end Our said Vice-Treasurer may know what sums of Money he is to receive all Acquittances given by those appointed to collect and receive as aforesaid are to be entered and signed by the several Officers of the Exchequer in the accustomed manner for Acquittances You are also from time to time to take a perfect Accompt from such persons so to be imployed of all the particular Receipts payments relating to the premisses which Accompts so taken are to be kept in a fair Book and returned into Our Court of Exchequer that so they may be ready to be produced for the Satisfaction of such as may be concerned therein Before you admit any Deventure of any Officer who hath Arrears satisfied since June One Thousand Six Hundred Forty Nine You shall satisfie such whose Arrears You shall state and such whose arrears are stated and have not received Satisfaction for their Service before or since June One Thousand Six Hundred Forty Nine twelve Shillings and six Pence in every Pound of their said arrears and then out of the remaining Security as far as it will extend you are to satisfie the remaining part of the arrears of
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
thereof from the Kingdome of Ireland in the year One thousand Six hundred Forty seven were since expulsed from their Habitations and Estates in the time of the Vsurped Power Be it further enacted by the Authority aforesaid That such of the Inhabitants and Proprietors of the said City and Town as constantly adhered to the Royal Authority until their respective deaths or withdrawing of the same Royal Authority from the said Kingdome in the year One thousand six hundred forty seven and did not at any time after adhere to the Papal Clergy or other the Irish Rebels in opposition to the Royal Authority and the Heirs and Widows of such of them as are dead shall be restored unto and have and enjoy as of their former estates all and every their and every of their Houses Lands Tenements and Hereditaments Freedomes and Immunities respectively in the said City of Dublin and Town of Drogheda and elsewhere any thing in this Act or in any other Act contained to the contrary or any other matter or proceedings against them or any of them at any time since the said withdrawing of the Royal Authority until his Majesties restitution notwithstanding 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 Kingdome 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 and 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 of May One thousand six hundred sixty two 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 wisdome shall think fit so as the Penalties for breach of the Rules of Plantation do not extend further then to treble the Quit-rents due for the Lands which shall be planted otherwise then 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 only payable and so as the Penalties for breach of the Rules to be made touching Corporations do not extend further then to the removal and disfranchizment 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 effectual 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 the said Rules Orders and Directions shall be limited and appointed Provided nevertheless That no undisposed nor unconfirmed Lands Tenements or Hereditaments in the Province of Ulster which are or shall come unto your Majesties hands shall be set out in satisfaction of deficient Adventures but that the same may be wholly reserved and disposed of for Reprizal according to the full value worth and purchase of the same unless the forfeited Lands in other Provinces shall not be found sufficient to satisfie those deficiencies And be it further enacted by the Authority aforesaid That all and singular the Lands and Tenements in Ireland given and granted by his Majesty under his Great Seal of England or Ireland and any way ratified confirmed or approved by this present Act shall stand charged and be chargeable with a years Rent or a year and a halfs Rent and such like other Quit-rents and annual Payments wherewith any the Lands of Adventurers or Souldiers stand respectively charged to be raised levied and paid in like manner as other the like Rents and Payments by this Act before mentioned are appointed Provided alwayes That where any greater Rent is reserved upon any such Grants and Letters Patents as aforesaid than the Quit-rents reserved by this Act would amount unto that then and in such case the Rent reserved by the said Letters Patents shall be duely answered and paid and no other Quit-rents any thing before contained to the contrary notwithstanding Saving to his Majesty his Heirs and Successors all and singular the Estate Right Title and Interest of in and to any Honours Manors Castles Lands and Tenements which his Majesties Royal Father had upon the Two and Twentieth day of October One thousand six hundred Forty and one in Right of his Crown of Ireland and which were then or at any time within ten years before in charge in his Majesties Court of Exchequer otherwise then by any Inquisition of Lands in Connaught found and returned in the time of the Earl of Straffords Government and which have not since been granted or disposed by his Majesty or his Royal Father by Letters Patents under the Great Seal of England or Ireland and other then such Rights and Titles as in and by a certain Act of Parliament pasted in England Intituled An Act of Free and General Pardon Indemnity and Oblivion are mentioned or intended to be barred or extinguisht any thing in this Act contained to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid That Theobald Earl of Garlingford and Thomas Lord Viscount Dillon shall be and are hereby restored unto and vested in all and singular the messuages manors lands tenements and hereditaments respectively whereof they or either of them or any other person or persons to the use of or in trust for them or either of them were seized or possessed upon the Two and Twentieth day of October One thousand Six hundred Forty one or at any time since and that such persons and their heirs and assigns to whom any of the lands belonging to the said Earl of Carlingford and Lord Viscount Dillon or either of them 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 or County of Clare either by the restoring of any persons to their Estates who we●e formerly transplanted or otherwise any thing in this Act contained to the contrary notwithstanding Provided Nevertheless and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to settle upon or give or be construed to settle upon or give unto all or any of the said Adventurers any benefit part or portion of such sum or sums of money as have been forfeited by any Adventurer or Adventurers by
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
of or belonging to the respective Abbies late dissolved Monasteries Religious Houses Priories or Parishes of Ballytabber in the County of Mayo Knockmoy Kilcreulta Oran alias St. Maries Athenry and Dunmore in the County of Galway and Tyhone in the County of Tipperary or any of them together with all the Impropriate Tythes and Rectories and appurtenances of the said Impropriations Tythes and Rectories or belonging thereunto which belong unto or by this Act are vested in your Majesty to any of the aforesaid Vses according to the tenor and effect of such grant or grants as hath or have been or hereafter shall be past unto him thereof by your Majesties letters Patents in that behalf he or they paying yearly for the same double the Exchequer or Crown Rent reserved thereupon in the year One thousand six hundred forty One Provided alwayes and it is further Enacted by the Authority aforesaid That in all cases of grants of lands made since the date of his Majesties Declaration and Instructions or in case of Provisoes in this Act which give Reprizals to any person or persons of meer Grace that could not claim Reprizals by virtue of the said Declaration or Instructions and not as Adventurers or Souldiers the person or persons concerned in such grants or provisoes shall not have benefit of Reprizals till after such persons and Interests Reprizable by the said Declaration and Instructions be first reprized And whereas during the passing of this present Act Charles Earl of Mountrah died whereby some Questions have arisen between the Countess Dowager of Mountrath and the Heirs and Younger Children of the said Charles Earl of Mountrah concerning the Settlements and Dispositions of the said Charles Earl of Mountrath and his Intentions to dispose of his new acquired Estate be it further Enacted by the Authority aforesaid That all and singular the Manors lands Tenements and Hereditaments and all benefits of Reprizals and other the advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall accrue unto and remain be and continue in his Majesty his Heirs and Successors until such time as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Privy Council there shall upon Examination of the Settlement and the last Will and Testament of the said Charles Earl of Mountrath if any such Will there be and of any other matters or things whereby the Intentions of the said Charles Earl of Mountrath in disposing of his said Estate may appear and according to such dispositions as the said Charles Earl of Mountrath did make in his life time make a final judgement and determination therein and that such judgement and determination and all Grants and Letters Patents that shall be thereupon made shall be as good and as effectual in Law to all intents and purposes as if the same had been particularly mentioned in this present Act. Provided alwayes That if such iudgment and determination shall not be made within Two Moneths after the sitting of the Commissioners for execution of this Act in Ireland that then all and singular the manors lands tenemens and hereditaments and all other the benefits and advantages by this Act intended to be given granted or confirmed unto the said Charles Earl of Mountrath shall go and enure according to the general purport provision and meaning of this Act herein before expressed to such person or persons as by this Act can make best Title thereunto and that in such case the foregoing Clause shall be of no effect and utterly void and that in the mean time the possession of and in the premisses hereby vested in his Majesty shall not be disturbed but be and remain where it now is And that the Arrears of Rent and mean profit of the same shall and may be received by those that are in possession thereof subject to the said final judgement and determination any thing in this Act to the contrary thereof in any wise notwithstanding And be it further enacted by the Authority aforesaid That all the Lands Tenements and Hereditaments lying in the Baronies of Dunboyne and Rathtooth and County of Meath whereof Henry Cromwel was by himself his Tenants or Assigns possessed the Seventh of May One thousand six hundred fifty nine be setled upon and confirmed unto Sir William Russel of Laughorn Baronet and Doctor Jonathan Goddard their Heirs and Assigns for ever And that the Lands Tenements and Hereditaments lying in the Province of Connaught whereof the said Henry Cromwel was in the like manner possessed on the said Seventh of May be setled upon and confirmed unto John Russel of Chipuham Esq his Heirs and Assigns for ever any thing in this Act to the contrary notwithstanding the same together with all Arrears of Rent to be had and held by and according to such Rents Tenures and Directions for restitutions Incumbrances and Reprizals as by his Majesties Declaration of the Thirtieth of November One thousand six hundred and sixty is expressed concerning such as were then of his Army in Ireland and moreover That Eight hundred and Fifty Pounds be satisfied unto the said John Russel as an Adventurer in such manner as by this Act is appointed in the case of any other Adventurers Provided also and it is Enacted by the Authority aforesaid That the Heirs of Sir Lucas Dillon Knight Sir Robert Talbot Baronet the Heirs of Sir Valentine Blake Baronet Sir Richard Blake Knight Doctor Gerrald Fennel Geoffry Brown John Brown of the Neal John Walsh Thomas Terril Edmond Dillon John Talbot of Mallahide Francis Coghlan of Kilcolgan in the Kings County Robert Nugent of Cartlanstown Sir John Bourk of Derry Maclaghney Thomas Arthur Esq Doctor in Physick Gerrald Flemming of Castle-Fleming Luke ●ath of Ackarne and Bartholomew Stackpoole Esqs who or their respective Fathers have eminently suffered for their adhering to the Authority of his Majesty or his late Father of blessed memory in this Kingdom against the Nuntio and his party shall be forthwith restored to their former respective Estates Houses Manors Lands Tenements Hereditaments Rents Priviledges and Services by them claimed as respective Inheritors and Proprietors or as Heirs to their respective Fathers and whereof they or any of their said Fathers were dispossessed by the late Vsurped Power and be therein setled and quieted in possession to them and their Heirs respectively as fully freely and beneficially and with the same Advantages Benefits and Assurances to all intents and purposes as the Lord Viscount Nettervil and the Lord Viscount Galmoy and the rest with them in the Declaration herein before-mentioned ought by virtue of the said Declaration and this present Act to be restored to their respective Estates any thing herein contained to the contrary notwithstanding Provided always That as to all and every the Clauses and Provisoes herein before-mentioned wherein or whereby the Estates or Interests of any private persons are setled and confirmed and the several and respective Grants thereby made to any person or persons It shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being at any time before the first day of December One thousand six hundred sixty two to suspend the Execution thereof or of any of them till they have examined and informed themselves concerning the same and such of them as they shall finde contrary to or inconsistent with the aforesaid Declaration and Instructions or inconvenient for the general Settlement hereby intended to be allowed in their full latitude they have full power and Authority hereby granted to them to retrench alter or change and by their Direction or Order to the Commissioners for Execution of this Act to disallow such of them as they shall think meet in part or in whole or to order how far and in what manner the same shall be executed or observed Which Direction or Orders of the said Lord Lieutenant or other Chief Governour or Governours and Council shall be final and are to be obeyed by the said Commissioners whose proceedings thereupon or in pursuance thereof shall be as valid to all intents and purposes as if they had been particularly appointed or directed by this Act any thing therein contained to the contrary notwithstanding FINIS