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A45975
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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
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Ireland.; England and Wales. Sovereign (1660-1685 : Charles II).
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1662
(1662)
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Wing I309A; ESTC R223687
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110,568
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130
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AN ACT For the better Execution of His MAJESTIES GRACIOVS DECLARATION For The SETTLEMENT Of His Kingdome of IRELAND AND Satisfaction of the several Interests of Adventurers Souldiers and other His Majesties Subjects there C R HONI â—OIT QVI MAL Y PENSE DIEV ET MON DROIT DVBLIN Printed by John Crook Printer to the Kings Most Excellent Majesty 1662. AN ACT FOR THE Better Execution Of His MAjESTIES Gracious Declaration for the Settlement of his Kingdom of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other his Subjects there WHEREAS an unnatural Insurrection did break forth against your Majesties Royal Father of ever blessed Memory his Crown and Dignity in this Your Majesties Kingdome of Ireland upon the 23. of October in the year of our Lord God 1641. and manifest it self by the murther and destructions of many thousands of your said Majesties good and loyal Subjects which afterwards universally spreading and diffusing it self over the whole Kingdome settled into and became a formed and almost National Rebellion of the Irish Papists against Your Royal Father of blessed Memory his Crown and Dignity to the destruction of the English and Protestants inhabiting in Ireland the which Irish Papists being represented in a General assembly chosen by themselves and acting by a Council called by them The Supream Council of the Confederate Roman Catholicks of Ireland did first assume usurp and exercise the power of Life and Death make Peace and War levy and coyn Money and many other Acts of Soveraign Authority treating with forreign Princes and Potentates for their Government and Protection and afterwards acted under a forreign Authority by all the said ways disowning and rejecting your Royal Father and your Majesties undoubted Right to this Kingdom even whilest they treacherously used his and your Majesties Names in the outward forms of their Proceedings withall impiously seeming by words and shows to swear even unto that which by the whole series of their deeds they denied and moreover presuming to pretend his late Majesties most Sacred Authority even for their worst actions all which they did amongst other their evil designs to frighten his good Protestant Subjects from their loyalty to blast his Majesties Honor and to widen the breach between his said Majesty and his seduced Subjects in England The which ends by their said wicked stratagems they did too succesfully and mischievously effect And whereas Almighty God hath given your Majesty by and through your said English and Protestant Subjects absolute Victory and Conquest over the said Irish Popish Rebels and enemies so as they their Lives Liberties and Estates are now wholly at your Majesties disposition by the Laws of this Kingdom And whereas several of your Majesties Subjects by whom as instruments the said Rebels were totally subdued did in the time of your Majesties absence beyond the Seas for supply of the then pressing necessities and to prevent the further desolation of this your Majesties Kingdom enquire into the Authors Contrivers and Abettors of the said Rebellion and War and after much deliberation among themselves and advice from others had thereupon did dispossess such of the said Popish Irish Rebels of their Lands Tenements and Hereditaments as they found guilty of and to have been engaged in the said Rebellion or War aforementioned and did withall distribute and set out the said Lands to be possessed by sundry persons their Agents and Tenants who by advancing of their Moneys and Goods or by hazarding of their Lives had contributed unto the said Conquest or who had been otherwise useful as having served or suffered in the suppression of the said Rebellion and War and whereas several of your Majesties Protestant Subjects as soon as with much difficulty and hazard they had gotten the power of this Kingdom into their hands did according to their bounden duty with all humility and chearfulness invite your Majesty into this your Kingdom with a faithful engagement to serve your Majesty with their Lives and Estates and afterwards when your Sacred Majesty their Soveraign Lord and King by your Gracious Letters from Breda bearing date the 4 14 day of April in the Twelfth Year of your Majesties Reign intimated your Royal Intentions of returning to the exercise of your Regal Authority they with others of your Majesties Protestant Subjects did readily and dutifully yield up themselves and the said subdued people with this your Kingdom of Ireland unto your Majesties absolute obedience and disposition who thereupon after many Moneths Consideration and the publick hearing of all parties concerned in and pretending to Lands and Estates in this your Majesties Kingdom as also after the receiving and weighing of expedient upon expedient in order to an universal accommodation and final settlement did at length in your Princely Wisdom Grace and Iustice set forth a Declaration bearing date the 30. day of November in the Twelfth year of your Majesties Reign with several Explanations and Instructions relating thereunto expressing your Royal pleasure concerning the People and Territories of this your Majesties said Kingdom Declaring it likewise to be your pleasure That all the particulars in the said Declaration mentioned should be effectually recommended unto your Majesties chief Governor or Governors Privy Council and Parliament in this Kingdom for the establishing the same by Law Now We the Lords Spiritual and Temporal and the Commons in this present Parliament assembled having well weighed and considered the nature of the Rebellion and War above mentioned together with the Causes thereof and Motives thereunto and with what Industry and Malice the Regal Authority the Brittish Interest and Protestant Religion were pursued and endeavoured to be eradicated and being withal very sensible of the vast expense of Blood and Treasure and of the unspeakable sufferings which the Brittish and Protestants as well several times heretofore as of late have undergone to reduce this your Majesties Kingdom to a perfect obedience unto the Crown of England do most thankfully acknowledge accept and admire your Sacred Majesties Wisdom Grace and Iustice towards all Interests in that your Majesties said Gracious Declaration and Instructions expressed And forasmuch as the Rapines Depredations and Massacres committed by the said Irish and Popish Rebels Enemies are not only well known to this present Parliament but are notorious to the whole World notwithstanding the many means and artifices which for many years together have been used to murther such witnesses suppress such evidences and also to vitiate and imbezle such Records and Testimonies as might prove the same against particular persons and lastly for that the said Rebels since their throwing off your Royal Fathers and your Majesties Government are become subdued and conquered enemies and have justly forfeited all their Rights Titles and Estates in this Kingdom It is therefore Enacted and be it Enacted by your most Excellent Majesty with the consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the
Forty and nine and the deducted Lands upon which such Deficiencies Incumbrances or Arrears shall be so placed shall be injoyed by the said Lord Massareene and His Heirs as if they had been given out for an Original Adventure And the said Lord Massareene shall injoy the several lands wherein he shall be so as aforesaid reprized to him his Heirs subject to the like Rents Services Payments and Tenures as other Adventurers for lands within the Province where the reprize shall be given are subject unto and with the like benefit of new Reprizal in case of Restitution Removal or Incumbrance as other Adventurers are to have by this present Act. And in case the Manor Castle Town and Lands of S. Wolstownes alias Allens Court in the County of Kildare or any other the Castles Manors Towns Lands Advowsons Tenements and Hereditaments in the County of Kildare and County of Dublin or either of them formerly the Inheritance of Sir Thomas Allen Knight deceased or now belonging to the Lady Allen his Wife for term of life or years yet to come and the Remainder or Remainders thereof unto Robert Allen John Allen William Allen and James Allen some or one of them shall upon inquiry be found to be forfeited You are hereby required to cause the same to be delivered unto Our Right Trusty and Right well Beloved Cousin and Counsellour Hugh Earl of Mount-Alexander To Have and to Hold to him the said Hugh Earl of Mount-Alexander his Heirs and Assigns for ever subject nevertheless to the payment of the like Rents and Services as the Adventurers for Lands in the Province of Leinster are subject unto and with the like benefit of Reprizal in case of restitution as any Adventurers their Heirs and Assigns have or ought to have and also with benefit of Reprizal in case any Adventurer be Intituled to the same or any part thereof Provided alwayes That whensoever We shall declare under Our Great Seal of England or Ireland Our Will and Pleasure to revoke the Estate hereby granted in all or any part of the premisses that then and immediately from and after such Declaration the Estate so revoked shall cease and determine and remain subject unto the Rules and Ends of this Declaration as if this grant had not been made And whereas Sir Charles Lloyd Baronet became an Adventurer for Lands in Ireland upon the Acts passed in the Reign of Our Royal Father and afterwards according to the Rules and Method used in the late times of Vsurpation had a Lot for Nine hundred Pounds parcel of the said Adventure fallen within the Barony of Slewmargy in the Queens County and for One thousand Pounds residue of the said Adventure had an other Lot fallen unto him in the Barony of Conello in the County of Lymerick and Certificates delivered unto him accordingly Notwithstanding all which Proceedings no Possession hath ever been yet delivered unto the said Sir Charles Lloyd but the same hath been detained from him by others who have left their own Lots to enter upon his Our Will and Pleasure therefore is That you cause speedy Right to be done to the said Sir Charles Lloyd and possession to be delivered to him according to the Rules formerly used to have and to hold to him the said Sir Charles Lloyd and his Heirs under the like Rents and Tenures and with the like benefit of Reprizals as other Adventurers ought to have PRovided also and Be it further Enacted by the Authority aforesaid That all singular the Forfeited Lands Tenements Hereditaments of or within the Half Barony of Irris in the County of Mayo wherein the Harbour of Broad Haven is scituated together with all the Mines and Mineral therein and all Fishings on the Sea-Coasts of the same as also on the Loughs and Fresh Rivers thereunto in any wise belonging or appertaining be and they are hereby vested setled and continued in Your Majesty Your Heirs and Successors to be disposed of to such Vse or Vses as Your Majesty shall think fit Any thing in this Act contained to the contrary in any wise notwithstanding And You are hereby required not proceed upon the Return of any Commission of Inquiries after the value of Estates to be restored or reprized issued out before the first of March One Thousand Six Hundred Sixty and One until the Lord Lieutenant or other chief Governour or Governours of Our Kingdom of Ireland for the time being shall have issued out new Commissions of Inquiry which We do hereby authorize him or them to do And that such Commissions shall be likewise returned and after the Return of such new Commissions You are then to proceed either upon the former or later Returns as You in Your Discretions shall judge to be most expedient And We do hereby give further Power and Authority to the Lord Lieutenant or other Chief Governour or Governours of Our said Kingdom for the time being to issue or cause to be issued such other Commission of Inquiry as shall be necessary for the Information and Instruction of the Commissioners to be appointed for the Execution of the said Declaration Instructions and this Act. And be it further Enacted by the Authority aforesaid That the said Declaration Instructions and all and every Article Clause and Thing Powers and Authorities therein or thereby given or contained with and under the Proviso's Additions and Alterations in this Act mentioned and expressed be and are hereby Enacted Ratified and Confirmed And Be it further Enacted by the Authority aforesaid That notwithstanding any mention of Commissioners Names herein before made It shall and may be lawful for the Kings most Excellent Majesty His Heirs and Successors from time to time to nominate and appoint such and so many other Commissioners as His Majesty shall think fit for putting in execution His Majesties said Declaration and Instructions and this present Act which Commissioners so to be appointed from time to time and no other or so many of them as by His Majesty his Heirs and Successors shall be therein directed shall have full Power and Authority to put the said Declaration and Instructions and this present Act in execution according to the Tenour and effect thereof and to administer Oaths and further that whatsoever Act or Acts Thing or Things any Commissioners heretofore Lawfully Authorized have done or caused to be done or any other Commissioners hereafter to be appointed as aforesaid shall do or cause to be done according to and in pursuance of the said Declaration and Instructions and this present Act shall be hereby judged and declared and are hereby judged and declared to be good firm and effectual in the Law to all intents and purposes And that they and every of them shall be and are hereby ratified and confirmed to the final Settlement of every such person or persons their Heirs and Assigns according to such Decrees Sentences Orders or Iudgements as have been or shall be by the said Commissioners as aforesaid