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

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forwardness of all the rest of their Brethren in contributing One half years full value of the profits arising of the said lands as aforesaid set out for their respective Adventures and Arrears to be paid in One year towards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for and suffered with Vs And that several of the Adventurers having expressed their own willingness and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness in consideration of Our Grace and Favour in the aforesaid Settlement One other half years Rent more of full value to be paid in One other year We cannot but declare Our Acceptance of such their free and kinde offer and when a Bill shall be tendred unto Vs upon the accompt and for the ends aforesaid it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve And We do lastly declare That Protestant Plantations shall be settled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the land so to be settled on the Adventurers and Souldiers in such manner as by the Commissioners to be nominated and directed by Vs shall be set down Provided always That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dublin in the year One thousand six hundred forty one nor to any person or persons that sate as Iudges in the pretended High Court of Iustice upon the life of Our Royal Father of blessed memory or who sentenced Him or signed or sealed the Warrant for Execution or who were of the Guard of Halbertiers assisting to put the Bloody Sentence of Death in Execution upon the 30. of January One thousand six hundred forty eight Provided lastly and it is hereby declared That this Declaration or any thing therein contained shall not extend to confirm the disposition or setting out to any Adventurer Soldier or other person any of the Lands Tenements or Hereditaments belonging before the 23. of October 1641. to any City or Sea-Town Incorporated but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Favour and the Adventurers Souldiers or others who have any of the said Lands Tenements or Hereditaments set out unto them shall be Reprized in like manner as is provided for them in other cases by this Declaration Given at Our Court at Whitehall the 30. day of November 1660. In the Twelfth Year of Our Reign Signed CHARLES R. INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour Richard Earl of Cork Lord High Treasurer of Our Kingdome of Ireland Our right trusty and right well beloved Cousins and Counsellours Edward Lord Viscount Conway and Kilulta Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Kingdome Hugh Lord Viscount Montgomery of the Ardes Master of Our Ordinance in Our said Kingdome and John Lord Viscount Massereene Our right trusty and well beloved Counsellour Francis Lord Angier John Lord Kingston Richard Lord Baron of Caloony Sir James Barry Knight Lord Chief Justice of Our Court of Chief Place James Donelan Esq Lord Chief Justice of Our Court of Common Pleas John Bysse Esq Lord Chief Baron of Our Court of Exchequer Sir Henry Tichburn Knight Sir Robert Forth Knight Sir James VVare Knight Thomas Pigot Esq Master of Our Court of Wards and Liveries Col. Arthur Hill and Col. Marcus Trevor Our trusty and well beloved Sir Francis Hamilton Knight and Baronet Sir Arthur Forbes Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir Richard Lane Baronet Sir Paul Davys Knight Sir George Lane Knight Sir John Stephens Knight Sir VVilliam Domvile Knight Our Atturney General Sir Allen Brodericke Knight Our Surveyor General Sir Audley Mervin Knight Our chief Serjeant at Law John Temple Esq Our Solicitor General Col. John Ponsonby Henry VVarren and Dudley Cooley Esqs Serjeant Major George Rawden Dr. VVilliam Petty James Cuffe and Thomas Browne Esquires Our Commissioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November One thousand six hundred and sixty C. R. WHEREAS by Our said Declaration of the thirtieth of November One thousand six hundred and sixty We have made provision for the Settlement of Our Kingdome of Ireland and Satisfaction of the several Interests of Adventurers Souldiers and others Our Subjects there which we are minded to put in effectual Execution We have therefore hereby nominated you or any five or more of you whereof two of the persons following to be alwayes present viz. Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Realm Our Trusty and well beloved Counsellour Sir James Barry James Donelan Esq and John Bysse Esq Sir James Ware Our Atturney and Solicitor General Our Commissioners for the putting in Execution the matters and things therein contained according to the Tenor of these following Instructions You are to cast up the whole Debt and Demand of the Adventurers as well those that are satisfied as those that are in part or in whole deficient as also all the forfeited Lands assigned to or for the said Adventurers according to the Survey commonly called Doctor Petty's Down Admeasurement And the said Demands and Lands you are to compare together and what the said Lands fall short of satisfying the said Adventurers according to the Rates Measures and Proportions of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine so much of the forfeited Lands in the County of Lowth in the Province of Leinster except the Barony of Atherdee you are to set apart for satisfaction of the said Adventurers And if the said forfeited Lands shall fall short of satisfying the said Adventurers you are then to add the forfeited Lands undisposed by Our said Declaration in the County of Catherlogh And if those shall fall short then the Lands remaining undisposed of in the County of Kildare to supply all the said Adventurers deficiencies And if those Lands fall short then you are apart other forfeited Lands in some convenient place for the end aforesaid And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers and satisfying their deficiencies ascertaining their respective proportions You are to cause publick Proclamation to be made within the respective Counties Cities Baronies and places in Ireland thereby directing each Adventurer his Assignee or Assignees or his or their Agent or Agents sufficiently authorized that hath received any satisfaction in Land for his Adventure within forty dayes after such Proclamation to deliver unto you in
or any Clause in this Act That they shall have reprizal for the same in such manner as other persons are reprizable by this Act any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted That out of the several parcels of Land of and in Cloenogrha Lackleenagh Clenefore Capprogge and Cloonederage with their members and appurtenances in the County of Longford Lands to the clear yearly value of fifty Pounds per annum be setled upon and granted unto John Ferral Esq your Majesties Servant and his Heirs to be held in Capite and by the yearly Rent of Twenty shillings a year any Grant Clause matter or Thing herein contained to the contrary notwithstanding And forasmuch as Captain John Bartlet and Captain Thomas Bartlet have been eminently serviceable in and upon the Coast of Ireland to your Majesty and your Royal Father of blessed memory Be it further enacted by the Authority aforesaid That the said John Bartlet and the Heir of the said Thomas Bartlet their Heirs and Assigns be equally satisfied and paid whatsoever is due unto them or their Heirs or Assigns for their or either of their Disbursements in the said Service before the first day of June One Thousand Six Hundred Forty Nine according to such Accompts and stating thereof as shall be allowed by the Lord Lieutenant and Council of Ireland out of the Lands Houses and other the Security appointed or set apart for Satisfaction of the Commission-Officers that served in Our Kingdom of Ireland before the said Fifth day of June One Thousand Six Hundred Forty and Nine and in such manner as they or any of them are appointed to be satisfied and paid in or by his Majesties Gracious Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty or any Act or Acts made pursuant thereunto any thing herein before mentioned to the contrary notwithstanding Provided always and Be it Enacted That this Act or any thing therein contained shall not extend or be construed to extend to any Manors Castles Towns Villages Messuages Lands Tenements or Hereditaments which are or were of Sir Andrew Aylemer of Donnada in the County of Kiidare Knight and Baronet but that he the said Sir Andrew Aylemer his Heirs and Assigns shall and may have hold and enjoy all and every such Manors Castles Towns Villages Messuages Lands Tenements and Hereditaments whereof he was so seized or possessed the two and twentieth of October One Thousand Six Hundred Forty One according to such Right and Title therein as he or they respectively then had any thing in this Act contained to the contrary thereof notwithstanding Provided always and Be it Enacted by the Authority aforesaid That this Act or any thing or matter therein contained shall not extend to any Lands Tenements or Hereditaments whereof James Lord Audley Earl of Castle-Haven was seized or possest of in this Kingdom on the Two and Twentieth of October One Thousand Six Hundred Forty One nor to prejudice or avoid any Right Title or Interest that the said Earl his Heirs or Assigns had or might have to or in any Lands Tenements or Hereditaments in this Kingdom but that the said Earl his Heirs Executors or Assigns may be are hereby restored to all and singular such Lands Tenements and Hereditaments whereof he or they were lawfully seized or possest and that all and every person or persons their Heirs Executors or Assigns that have had all or any part of such Lands Tenements or Hereditaments set out unto them are hereby immediately to be removed and that such who shall be so removed and are justly capable of Reprize be Reprized as others in like cases are to be reprized any thing in this Act to the contrary notwithstanding And Be it further Enacted by the Authority aforesaid That Colonel John Fitz-Patrick of Castle-Town in the Queens County shall be and is hereby restored in Blood and enabled to make and derive his Pedigree from any Ancestor Lineal or Collateral and shall also be restored unto and vested in the Real and Actual possession and seizin to him and his Heirs of all and every the Castles Manors Lands Tenements and Hereditaments Reversions and Remainders and Leases whereof the said Colonel John Fitz-Patrick or his Father or any other in Trust for them or either of them or to their use were at any time before the Two and Twentieth of October One thousand six hundred forty one lawfully seized or possessed any thing in this Act or otherwise notwithstanding And that all and every the persons to be removed from any of the premisses shall be forthwith reprized for the same according to the merit of his case Provided always That this Act or any thing therein contained shall not extend to prejudice his Majesties Grant under the Great Seal unto Sir George Preston Knight and his Heirs of the forfeited Mills Wares and Fishings upon the River of Shannon or upon any part thereof and upon the Sea Coast in the Province of Connaught and in the County of Leitrim but that the same shall be of such and no other force and effect than as if this Act had not been made And whereas Thomas Cooper and William Row are Purchasers of certain Lands in the Barony of Denifore in the County of Westmeath for which they paid Five thousand Pounds or thereabouts to Edward Carey late of the Middle Temple Esq who had formerly purchased the same of divers other Adventurers And the said Thomas Cooper and William Row their Heirs or Assigns being in possession upon the Seventh day of May in the year One thousand six hundred fifty and nine may happily expect according to some general words in His Majesties Declaration and those His Majesties former Instructions contained that their Estates should be made good to them as well as to any other Adventurers or their Assigns Nevertheless his Majesty being well assured that the purchase made by the said Thomas Cooper and William Row was only in trust for the Wife and Children of Archibald Hamilton then newly executed for Treason in Scotland and the moneys laid out in that purchase for the Wife and Children were given by Cromwel as a Reward of those Treasons hath thought fit to distinguish this Case from the Case of other Adventurers and their Assigns Be it therefore Enacted by the Authority aforesaid That the said Thomas Cooper and William Row be removed from the possession of the premisses and all other persons claiming by from or under them and that the same be delivered unto Thomas Pigot Esq Master of Our Court of Wards and Liveries in Ireland and unto Matthew Lock Esq To Have and to Hold to them and their Heirs subject nevertheless to the payment of the like Rents and Services as the Adventurers for Lands in the Province of Leinster are and granting to them the like Benefit of Reprizals in cases of Restitution as the Adventurers or their Assignes should have had in case they had