same but subject to the Quit Rents of Eighteen pence per annum to be paid to His Majestie His Heirs and Successors for every Twenty shillings which any House Orchard or Garden-plot within the security aforesaid is worth to be let according to the said former Act and to such other Quit Rents as any of the land within the said security ought by virtue of the said former Act or this present Act to be charged with Saving nevertheless to all and every the Archbishops Bishops and other the Ministers of the Church such right benefit and advantage of in and to the forfeited houses in Cities walled Towns and Corporations as in and by the said former Act is given the said Houses to be set out by the Commissioners for execution of this Act. And be it Enacted by the Authority aforesaid That the House chosen by Edward Lord Bishop of Limerick in the City of Limerick and set out to him for seven years according to the Act of Settlement together with that small waste plot of ground and two ruinous Tenements thereon which the present Bishop thereof now rents of the Trustees at Twenty shillings per annum lying on the backside of the said dwelling House equal with the front thereof down to the High-way adjoyning to the wall of the said City being from the said back-side in length threescore and six yards and in breadth twenty and nine yards be annexed unto the See of Limerick for ever and be a Mansion House for William the present Bishop thereof and his Successors And be it further Enacted by the Authority aforesaid that the benefit and advantage of all forfeitures by false certificates shall be in the first place applyed to and for the satisfaction of the persons aforesaid who ought to be satisfied twelve shillings and six pence in the pound until twelve shillings six pence in the pound be fully satisfied in case the securities aforesaid shall not be sufficient for that purpose and after twelve shillings and six pence in the pound fully satisfied to the persons aforesaid then the whole benefit of the said forfeitures shall be and remain and shall be applyed unto such uses intents and purposes as in and by the said former Act was appointed so as the said false certificates be found out and discovered within three months after the passing of this present Act. And whereas by the said former Act such Officers or their Assignes who shall purchase any Houses Lands Tenements or Hereditaments within any Corporation are enjoyned to give security to satisfie such as by virtue of any Lease or contract for Lease have built or improved any House or Garden either in money or else by granting to such person or persons a Lease at a Rent proportionable to the said improvement so as the said proportion exceed not a fifth part of the value the same are worth to be sold Messuages built from the ground onely excepted Be it Enacted and explained by the Authority aforesaid that no person or persons shall be admitted to have any satisfaction or security for his or their improvements who upon Leases or contracts for Leases made before His Majesties happy Restauration were bound to make such improvements And have actually enjoyed the said Houses Lands and Tenements during the full time and term of years for which they did contract and agree as aforesaid any thing in this or the said former Act to the contrary notwithstanding And to the end that all and every the Houses in Corporations being part of the aforesaid securities may alwayes continue in the hands of English and Protestant Subjects as neer as may be It is further Enacted by the Authority aforesaid that no Papist or Popish Recusant shall be admitted to purchase any of the Houses in Corporations from the Commissioners for Execution of this Act nor any other person or persons but such who shall take the Oathes of Allegiance and Supremacy which Oathes any of the said Commissioners or any Iustice of Peace hath hereby power to Administer without the Licence and leave of the Lord Lieutenant or other chief Governour or Governours in Ireland and Council there by Act of Council first had and obtained And further that no Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine nor the Heir Executor Assignee or Assignes of such Commissioned Officer or other person to whom any of the Houses within the said security shall be allotted or shall hereafter come shall set grant alien demise lease or otherwise dispose any House or Houses within the security aforesaid to any Papist or Popish Recusant or person refusing the Oathes of Allegiance and Supremacy as aforesaid without Licence as aforesaid under pain of forfeiture of double the value of every such House so conveyed or disposed as aforesaid One moyety thereof the Kings Majestie His Heirs and Successors the other moyety to him or them that will sue for the same to be recovered by action of Debt Bill Plaint or information in any of the four Courts of Record at Dublin wherein no Essoin Protection nor wager of Law to be admitted nor any more than one imparlance and the said Houses and Lands in Corporations together with the summ of One hundred thousand pounds herein after mentioned are with all possible expedition to be distributed by the Commissioners for Execution of this Act according to the rules aforesaid that so the daily ruine and decay of the said Houses may be prevented as soon as it is possible And whereas the Lord Lieutenant and Council of this your Majesties Kingdom have at the humble suite of several of the said Officers conceived an order bearing date at the Council Board of Dublin the twelfth of January One thousand six hundred sixty three wherein they have set down several rules and directions for the stating the arrears of the several Armies which were imployed in the service of your Sacred Majesty or your Royal Father of blessed memory in your warrs in Ireland before the fifth of June One thousand six hundred forty nine which order by reason of the shortness of the time limited for stating the said arrears and issuing debentures unto the said Officers would not be punctually observed by your Majesties Commissioners appointed for Execution of the said Act Be it therefore Enacted by the Authority aforesaid That the said order bearing date as aforesaid shall be and is hereby Enacted in as full and ample manner as if the same were particularly set down and recited in this Act and the Commissioners appointed or to be appointed for the execution of this Act are hereby authorized and required before they proceed to the giving out of any satisfaction for any arrears of pay due unto any of the said Officers or their Assigns to take care that all the accompts of the said Officers be made conformable unto the Rules and Directions of the said Order notwithstanding the Debentures issued as aforesaid that
February which shall be in the year of our Lord One thousand six hundred sixty six under the penalty following that is to say every person liable to the payment of any part of the said years Rents and making default and failing to pay the same by the space of twenty days after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levied by Process out of His Majesties Court of Exchequer in like manner as any the Rents whereof the said Earl of Orrery and Lord Massereen were appointed Receivers by the said former Act might have been levied and if need so require like course is to be taken for the ascertaining of the value of lands charged with the said years rent and of returning the same into the Exchequer to remain and be a charge upon Record as in and by the said former Act in case of the said other rent therein secured was appointed And the said Receivers herein after appointed are to accompt for and pay unto Arthur Earle of Anglesey Vice-treasurer of Ireland or to the Vice-treasurer of Ireland for the time being all and every the summs of money by them to be received Nevertheless it is hereby declared and Enacted that all and every the summs of money formerly paid to the Earl of Orrery and Lord Vice-Count Massareen in pursuance of the said former Act shall be allowed to the person and persons so paying the same his and their Heirs Executors and Assignes in full discharge of so much of the rent payable by this Act as the moneyes so as aforesaid payd do or shall amount unto and the two half years rents payable to the said Earl of Orrery and Lord Vice-Count Massereen by any Adventurer or Souldier their Heirs Executors or Assignes by virtue of the said former Act shall be and are hereby from henceforth discharged And in case the monies to be raised as aforesaid shall fall short of the summ of three hundred thousand pounds then it shall and may be lawful to and for the Lord Lieutenant or other chief Governour and Council there for the time being to tax and assess upon all the lands in Ireland so much more money as together with what hath been before raised and allowed by virtue of this Act shall make up the full and just summ of three hundred thousand pounds sterling and to cause the same to be assessed distributed raised and levied by such wayes and means as they shall think fit observing therein all the equality and indifferency that can be And Arthur Earl of Anglesey Vice-treasurer of Ireland or the Vice-treasurer for the time being is hereby required and enjoyned to pay or cause to be payd out of the moneyes to be received as aforesaid unto the Kings Majestie the summ of fifty thousand pounds and also unto and amongst such Commissioned Officers who served before the fifth of June One thousand six hundred forty nine and have not yet received any satisfaction in lands or money and amongst the Heirs Executors and Assigns of such Commissioned Officers and other persons intitled to be satisfied within their security such summs of money as the Commissioners for Execution of this Act having respect to the arreares already stated shall by any warrant under their hands and Seals or the hands and Seals of the Major part of them direct and appoint until the whole sum of One hundred thousand pounds shall be fully satisfied and payd and the warrant or warrants under the hands and Seals of the said Commissioners or the Major part of them together with the acquittance or acquittances of the party or parties who shall receive any money thereupon shall be unto the said Vice-treasurer a sufficient discharge for so much as the said acquittances extend unto which said One hundred thousand pounds so as aforesaid appointed to be payd is hereby declared to be in lieu and recompence of and in full satisfaction for the years rent payable out of the lands of those Souldiers who had lands set out for their arrears in the year One thousand six hundred fifty three and the year and halfs rent payable by those other Souldiers who had lands set out for their arrears in the years One thousand six hundred fifty five One thousand six hundred fifty six One thousand six hundred fifty seaven One thousand six hundred fifty eight One thousand six hundred fifty nine The payment of which said rents shall from henceforth cease and determine and the persons and estates there with charged or chargeable by the said former Act shall be and are hereby thereof for ever acquitted and discharged And whereas several clauses in His Majesties Gracious Declaration of the thirtieth of November in the twelfth year of his Raign and in the former Act do intitle His Grace James Duke of Ormond and the Lady Dutchess His Wife to great quantities of forfeited lands in the Counties of Catherlagh Galloway Waterford Dublin Kildare Meath Cork Kerry Kilkenny and Tipperary and other places and if the same were extended to the utmost would greatly obstruct and hinder the Settlement now intended Be it therefore Enacted by the Authority aforesaid That the full summ of fifty thousand pounds sterling be payd out of the moneyes aforesaid unto his said Grace James Duke of Ormond now Lord Lieutenant of Ireland His Executors Administrators or Assignes which the said Vice-treasurer is hereby required and enjoyned to pay or cause to be payd out of the moneyes aforesaid unto His said Grace or unto such other person or persons as His Grace shall appoint which is hereby declared to be in lieu and recompence of and in full satisfaction for all such forfeited and forfeitable estates titles interests claims or demands in or to any Mannors lands Tenements or Hereditaments mediately or immediately held as of any of the Mannors of the said Duke or the Lady Dutchess of Ormond His Wife or heretofore granted by His Grace or any of his Ancestors or by any of the Ancestors of the said Lady Dutchess in Fee Farm or Fee tail and of all and singular the statutes judgements Mortgages and other real securities for money given made acknowledged or entred into by any person or persons holding as aforesaid to any other forfeiting person or person not declared innocent to all which premises the said Duke and Dutchess respectively hy his Majesties said Declaration and by the said former Act are intitled and of all mean rates issues and profits thereof since incurred and now due to His Grace other than what is already received to his use for which he is hereby acquitted and of all and every the Reversions and Remainders which the said Duke or Dutchess now hath or have expectant upon the said forfeited and forfeitable Estates tail which Estates Interests and other the benefits and advantages herein before mentioned are intended and so are hereby declard to
Sir Courtney Pool Baronet and other the persons intitled to the said estate so long as the said Lord Vice-count shall have issue male of his body were still to continue their possession Nevertheless His Majestie being desirous that all just interests should be provided for and being willing to extend his mercy unto the said Nicholas Lord Vice-count Nettervill as far as may stand with His Iustice is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act doe forthwith set out unto the said Edward Smith Esq Sir Courtney Pool Baronet and other the persons intitled to the lands of the said Lord Vice-count their Heirs and Assigns their several and respective two third parts which by the rules of this Act they ought to have and after such two third parts set out shall restore the said Lord Vice-count Nettervill unto the possession of all and singular the Mannors Castles Lands Tenements Reversions Remainders and all other Hereditaments Right Title and Interest whatsoever in the said Kingdom of Ireland with his deceased Father and Grandfather 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 or any other or others to whom he may or can derive as heir or otherwise had held or enjoyed or of right ought to have held or enjoyed on the Two and twentieth of October One thousand six hundred forty one Rectories and Parsonages Impropriated and Appropriate Tythes excepted and that the said Lord Vice-count shall hold and enjoy all and singular the Lands Tenements and Hereditaments so restored according to such Estate Right and Title as he ought to have had in the same in case he had been adjudged innocent and no other and also shall be and is hereby restored in blood to all intents and purposes Any thing in this present Act or the said former Act or any other Act Law Statute Ordinance Order Outlary Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or Decree or any other matter clause or thing to the contrary notwithstanding And because the Estate Right and Inheritance of in and unto several Lands Tenements and Hereditaments is by several clauses in this Act vested and settled in or otherwise disposed of unto several persons in the said several and respective clauses particularly named and mentioned whereby great prejudice may arise unto others whose right was not intended to be barred or extinguished if a timely remedye be not provided Be it therefore Enacted by the Authority aforesaid That in all and every such clauses it shall be understood and so is hereby Declared That all the right title and interest either in law or equity which any person or persons Body Politick or Corporate their Heirs Executors Successors or Assignes or any of them had on the Two and twentieth day of October One thousand six hundred forty one or at any time since other than His Majestie His Heirs and Successors and those who shall or may claim by from or under His Majestie His Heirs and Successors or any of them by virtue of this or the said former Act and other than such person or persons Bodies Politick or Corporate their Heirs Executors Successors and Assigns whose right is particularly mentioned to be barred and excluded shall be and is hereby preserved unto them their Heirs Executors Successors and Assignes respectively as fully and amply as if a particular saving of Rights had been annexed to and repeated in every such clause any thing in this Act contained to the contrary notwithstanding And whereas in and by the said former Act the fractions of od pounds shillings and pence were to be struck off and deducted out of all sums of money Debentures Certificates or Decrees for Arrears Adventures Publick Debts Reprizes or other allowed Interests which according to the said Act were to be ascertained stated or settled and the fractions of od acres roods and pearches were also to be deducted out of the respective proportions of lands which should be granted or settled in satisfaction of any of the aforesaid interests so as such deductions did not exceed the hundredth part of the money or lands out of which such Deductions were to be made which Deductions were appointed to be satisfied as intirely as might be in such convenient proportions and places as the Chief Governour or Governours of Ireland for the time being should appoint and reserved to be disposed to such uses as His Majestie His Heirs or Successors should appoint His Majestie is graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That no fractions of od pounds shillings or pence or of od acres roods or pearches or any satisfaction for the same be at any time hereafter made or given unto His Majestie His Heirs or Successors or unto any other person or persons claiming the benefit thereof by virtue of any Patent Grant or other Assignment from His Majestie but that the same be for ever released and discharged and that all and every the clauses in the said former Act touching and concerning the giving or reserving such fractions and the satisfaction thereof unto His Majestie His Heirs and Successors shall be and are hereby repealed and made void to all intents and purposes as if the same had never been had nor made Any thing in this or the said former Act to the contrary notwithstanding And whereas the survey admeasurement of certain lands in Ireland was heretofore undertaken and finished by Sir William Petty Knight upon an agreement made with the Souldiers to have for his pains one penny for every acre so surveyed and admeasured as aforesaid whereof part hath been already paid and some doth still remain in arrear to the end therefore that satisfaction be made to Sir William Petty for what remains unpaid by the Souldiers their Heirs or Assigns and for His better encouragement to finish the several Mapps and Descriptions of this Kingdom Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being with any six or more of His Majesties Privy Council shall have power to examine how much of the said penny the acre hath been already paid and for what lands and how much thereof remains behind and unpaid and to give Order or Orders Warrant or Warrants for the levying and receiving one penny per acre out of all the lands in the admeasurement whereof he was imployed that have been or shall be appointed to be set out for satisfaction of arrears out of which such acrige was agreed or ought in justice to be paid and hath not been already paid and to give such further encouragement to the said Sir William for the finishing of the said Mapps as they shall think fit And that it shall and may be lawful to and for Sir
Messuages or lands which by virtue of this Act shall be restored or given unto any person or persons herein before or after named may not wholy loose the benefit and charges of their respective improvements Be it further Enacted by the Authority aforesaid That all and every the Protestants so to be removed shall be and are hereby enabled to demand and shall upon their requests have Leases made to them of all and singular the Messuages and lands in their manual occupations for three lives or one and twenty years at a moderate Rent not exceeding three fourthes of the true value of the lands in satisfaction of their improvements except it be a capital messuage and then the party to be restored shall either make such Lease as aforesaid or pay unto the person to be removed in ready money the full value of such improvements and in case of default or refusall to make such Lease as aforesaid upon request or to give such satisfaction in money shall be and are hereby enabled to reenter and to retain the said lands untill such Lease made or satisfaction given as aforesaid And to the end there may not be any difference touching the values of the lands so to be demised or of the improvements to be satisfied as aforesaid The Lord Lieutenant or other Chief Governour or Governours and Council for the time being are hereby enabled upon the Petition of the parties concerned to appoint such Commissioners from time to time as they shall think fit to settle the difference aforesaid Provided alwayes and it is Enacted That nothing herein contained shall enable any of the four and fifty persons herein before mentioned to demand or have or to be restored unto any Impropriations or Appropriate tythes or to any Glebe Lands parcel of any Rectory impropriate but that the same shall remain and be to such uses as they would have been by this and the said former Act if the said fifty and four persons or any of them had not been named Any thing herein contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That those who were in possession of any lands or houses upon the two and twentieth day of August One thousand six hundred sixty and three to which they were restored by virtue of any His Majesties Letters if they or any of them their or any of their Ancestors or any other in trust for them or any of them were thereof seized or possessed upon the Two and twentieth of October One thousand six hundred forty and one and thereunto rightfully intitled and are not otherwise provided for by this Act shall by the Commissioners for execution of this Act be restored unto and put in possession of such houses and so much of the lands lying contiguous and thereunto adjoyning as shall not exceed the quantity of two thousand acres in the doeing whereof the Commissioners are to proceed by the same rules orders and directions and in like manner and form as they ought to proceed in the settlement and restitution of any of the four and fifty persons herein before named and not otherwise And be it further Enacted by the Authority aforesaid That nothing in the said former Act or in this present Act herein before or after contained shall be understood to give restore or confirm to any Irish Papist or Popish Recusant or any other person seized or possessed in trust for any such Irish Papist or Popish Recusant any Advowson or Right of Patronage of or in any Ecclesiastical Benefice or Promotion or any Right of Nomination Presentation or Collation to or Donation of any such Ecclesiastical Benefice or Promotion but that all and every such Advowsons and Rights of Patronage and the Rights of Nomination Presentation or Collation to or Donation of any such Ecclesiastical Benefice or Promotion but that all and every such Advowsons and Rights of Patronage and the rights of Nomination Presentation Donation or Collation of or to any such Ecclesiastical Benefice or Promotion shall vest remain and continue and so are hereby adjudged to vest remain and continue in His Majestie His Heirs and Successors until such Irish Papist or Popish Recusant or the right heir of such Papist or Recusant shall come to Church and receive the Sacrament according to the Rites of the Church of England and from and after such conformity shall be again revestel in the person so conforming and his heirs Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That Sir Edward Smith Knight Chief Iustice of His Majesties Court of Common Pleas Sir Edward Dering Baronet Sir Allen Broderick Sir William Churchill Knights and Edward Cook Esq and such others as upon the death or removal of them or any of them shall be appointed by His Majestie from time to time shall be Commissioners and that they or any three or more of them shall have power to put in execution all and every the matters of this present Act and of the said former Act which remain still in force and are directed to be done by Commissioners or are not particularly entrusted to some others by the said Acts and that they and every of them shall before they act any thing in execution of the said Commission take an Oath before the Lord Chancellour or Lord Keeper of the Great Seal of Ireland or before the Lord Chief Iustice of His Majesties Court of Chief Place or the Lord Chief Iustice of His Majesties Court of Common Pleas or be-before the Lord Chief Baron of His Majesties Court of Exchequer for the time being which Oath they or any of them have hereby power to administer as there shall be occasion in these words following YOu shall swear That you shall to the best of your skill and knowledge truly and impartially execute the place and duty of a Commissioner for putting in execution an Act intituled An Act for the explaining of some doubts arising upon an Act intituled 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 and for making some alterations of and additions unto the said Act for the more speedy and effectual settlement of the said Kingdom And of so much as is still in force and remains to be executed of an other Act intituled 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 so long as you shall continue in that imployment and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will So help you God And that in all cases which shall happen before the Commissioners within the space of two years next after
all singular claims and demands not particularly allowed and provided for in and by this present Act. And whereas some question or doubt hath arisen whether the Lands of any Officers or Souldiers were to be confirmed to them by the said Act unless they had been formerly and were of the Army at the time of the making your Majesties Declaration of the thirtieth of November one thousand six hundred and sixty Be it declared Enacted and Explained by the authority aforesaid that the word And used in that part of the said Act which relates to them shall be taken disjuncttively as if it had been or so that no such Officer or Souldier his Heirs or Assigns shall be excluded the benefit of the said Act or this present Act if he had been formerly of the Army and in Possession as aforesaid the seaventh day of May one thousand six hundred fifty nine though he were not of the Army the thirtieth of November one thousand six hundred and sixty or at any time since And to the end that the persons estates and interests of his Majesties Protestant Subjects of whom his Majestie ever had and still hath greatest care and consideration in the Settlement of this his Kingdom may be first provided for Be it further enacted by the Authority aforesaid that all and every the Adventurers and Souldiers their and every of their Heirs Executors Administrators and Assigns respectively who upon the seaventh day of May One thousand six hundred fifty nine were seized or possessed of any Messuages Mannors Lands Tenements or Hereditaments for or towards the satisfaction of any Adventures or arrears which by the rules of this or the said former Act are allowed to be satisfied And all and every other the Adventurers commonly called deficient Adventurers whether they be deficient in whole or in part that is to say such Adventurers who never had any Lands set out to them in satisfaction of their Adventures or were never fully satisfied for the same And the Heirs Executors Administrators and Assigns of such Adventurers respectively shall have hold and enjoy and be setled and confirmed in so much of the forfeited Lands which by this Act are vested in His Majestie as will amount to two full third parts of what they or those under whom they claim had or in cases of deficiencie ought to have had upon the Seaventh of May One thousand six hundred fifty nine in manner following That is to say The Commissioners for execution of this Act shall diligently examine and compute or cause to be computed what quantity of Land any such Adventurer or Souldier or the Heirs Executors Administrators or Assigns of such Adventurer or Souldier respectively had or were seized or possessed of on the Seaventh of May One thousand six hundred fifty nine or of right ought to have had and been seized and possessed of upon the Seaventh of May One thousand six hundred fifty nine in case he were a deficient Adventurer or the Heir Executor Administrator or Assignee of any deficient Adventurer And shall set out and allot or cause to be set out and allotted unto every such Adventurer and Souldier his and their respective Heirs Executors Administrators and Assigns so much forfeited land as in quantity of Irish profitable Acres to be computed by Irish measure according to the Down Survey or Down admeasurement and not otherwise where the Down Survey hath been taken and where the Down Survey hath not been taken by the Survey taken in the Earl of Straffords time or by some other Survey to be taken according to Irish measure wherein the unprofitable Land is to be cast in together with the profitable according to the method of the said Down Survey will amount unto full two third parts the whole in three parts being divided of what such person or persons to whom such allotment shall be made as aforesaid or those under whom they claim did hold and enjoy or in cases of deficiencie of right ought to have held and enjoyed upon the Seaventh of May One thousand six hundred fifty nine which said two third parts so as aforesaid to be allotted shall be held and enjoyed by the persons to whom such allotment shall be made according to the tenor of their several and respective Letters Patents herein after directed to be granted and in full satisfaction of any right claim or demand which by virtue of the said former Act can or may accrew for or in respect of any Adventures or arrears any retrenchment of a third part by this Act or other matter or thing in the said former Act contained to the contrary notwithstanding And in case any Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty nine Protestant Purchasor in Connaght or Clare before the first of September One thousand six hundred sixty and three his or their Heirs Executors or Assigns shall be found to be in possession of any messuages Lands Tenements or Hereditaments which by virtue of any clause herein after following ought to be restored and delivered up to any person or persons herein after named the Commissioners for execution of this Act shall in the first place and before any such Restitution made cause so much other forfeited or vested Land to be set out as in quantitie of Acres will amount to full two third parts of the Land so as aforesaid to be restored and that the persons so to be removed be duly Possessed of and setled in his said two third parts according to the rules of this Act And the Commissioners for execution of this Act are hereby required and enjoyned to take care that the Estates and Interests of His Majesties Protestant Subjects in Ireland be setled with all convenient Speed and that such parts of this Act as have a rendencie thereunto be put in execution in the first place and before any other parts of this or the former Act which relate to other matters And to the end there may be as little change and alteration of Possessions as can consist with the ends and aimes of this present Act And that every persons improvements may be preserved unto him as much as is possible Be it further Enacted by the Authority aforesaid That where any Adventurer or Souldier or the Heir Executor assignee or assignes of any Adventurer or Souldier shall be found to have in his or their possession more Lands undecreed away than his or their full two third parts will amount to according to the aforesaid rules of distribution and allotment that in every such case it shall and may be lawful for him or them to continue possession of so much as the Commissioners shall adjudge his or their two full third parts to amount unto and to cut of the overplus at his or their own election in such manner as that the overplus relinquished or surrendred by him or them may be contiguous and as neer as may be within the same denomination
first of September One thousand six hundred sixty and three his or their Heirs Executors Assignee or Assignes who are not by the rules of this Act to be removed have been already removed or kept out from the possession of what they held or ought to have held on the Seventh of May One thousand six hundred fifty and nine yet neither by virtue of any Decrees made by the Commissioners for execution of the said former Act nor by virtue of any Proviso or Clause in the said Act contained or any other legal proceedings in which words Legal Proceedings Custodiams or any other Grant or Patent not confirmed or otherwise provided for by this Act and the proceedings thereupon are not intended to be comprehended that then it shall and may be lawful to and for the Commissioners for execution of this Act to order and decree all and every such person and persons so removed or kept out as aforesaid to be again restored and put into their possessions pro tempore until the last and final Decree touching the settlement of such person and persons shall be made and the respective Sheriffs and all other Officers and Ministers of Iustice whom it may concern and to whom any Precept or other Warrant in that behalf shall be directed are hereby required and enjoyned to see the some executed accordingly to the end that all and every person and persons so as aforesaid removed or kept out may by such temporary restitution be enabled to retain so much of the Land whereof they shall be so possessed together with their improvements as their two full third parts according to the aforesaid rules shall or may amount unto And be it further Enacted by the Authority aforesaid That all and every the Adventurer and Adventurers who adventured their money upon certain Ordinances or pretended Ordinances of Parliament made in the years One thousand six hundred forty three and One thousand six hundred forty seven commonly called the Doubling Ordinances shall be esteemed and are hereby declared Adventurers for no more than the principal money bonâ fide paid amounts to and that they their Heirs Executors Assignee or Assignes shall receive satisfaction for the moneys really and bonâ fide paid in and advanced upon the said Ordinances or pretended Ordinances in like proportion and manner as other Adventurers are to have by this Act and no otherwise that is to say by an allotment of so much land as may be sufficient to satisfie full two third parts of the principal money so paid in and advanced as aforesaid and no more to the intent that he and they may be equally gainers or loosers with other Adventurers and in the setting out of this proportionable satisfaction no regard is to be had of the quantity of Land whereof the Adventures upon the doubling Ordinances their Heirs Executors Assignee or Assignes were possessed the seventh of May One thousand six hundred fifty nine but onely of the original money truly paid in as aforesaid in the satisfaction whereof one third part is likewise to be retrenched and onely two full third parts to be satisfied as aforesaid Nevertheless it shall and may be lawful for him or them to continue the possession of so much as the Commissioners shall adjudge to amount unto his or their full two third parts in like manner as other Adventurers by this Act are enabled to do in case so much shall be left in his or their possession not decreed away by the Commissioners for execution of the said former Act. And be it further Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall cause one or more books to be made wherein the portion allotted to each Adventurer or Souldier or the Heir Executor Assignee or Assignes of such Adventurer or Souldier for and towards his and their two full third parts and the several Augmentations of any Archbishoprick or Bishoprick the allotment of Glebes and the provisions made for the Colledge of Dublin the maintenance of the Fort at Duncannon and the Corporation of Bandonbridge shall be particularly and fairly set down and entred and shall cause a Duplicate thereof to be made and returned into the Exchequer there to remain of Record and that upon a Certificate under the hands and seals of the Commissioners or the major part of them containing the lands allotted to any the persons or purposes aforesaid or to any Adventurer or Souldier or to the Heir Executor Assignee or Assignes of any Adventurer or Souldier for his or their two third parts and expressing the name or names of such persons with convenient descriptions and denominations thereof as to the number of Acres the Barony County and Province wherein the same do lie and the rents reservable as also the Tenure and Services and presented unto the Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being he the said Lord Lieutenant and other chief Governor or Governors of this Kingdom for the time being shall be and are hereby authorized and required upon request of the person or persons so producing and presenting the Certificate aforesaid to cause effectual Letters Patents under the Great Seal of Ireland to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons concerned by advice of His Majesties learned Council in the Law or some of them as the case shall require without expecting any further Letters or Warrants from His Majestie And for so doing this present Act shall be to them and every of them their sufficient discharge And be it further Enacted by the Authority aforesaid That all Letters Patents granted by virtue of this Act shall be and are hereby confirmed unto the several persons therein named according to the several and respective estates therein granted against the Kings Majestie his Heirs and Successors and all other persons claiming by from or under him or them and shall stand and be discharged of and from all forfeitures or pretended forfeitures for non-payment of rent or any sum of money now due or not putting in of Claims or not bringing in Field-books or Surveys and of and from all further inquiries into false admeasurements holding of lands profitable for unprofitable or any other Qualifications whatsoeuer and of and from all Measn profits arrearages and incumbrances not herein after excepted and shall stand and be good against all persons Bodies Politick and Corporate and discharged of all Estates tail and all other Estates of Freehold or Inheritance and all Reversions Remainders Titles and Interests whatsoever not Decreed by the Commissioners for execution of the said former Act or in the said former Act already allowed whereby the Patentees can or may be incumbred and discharged of all demands other than what are intended to be preserved by this Act and shall be reserved in the same Letters Patents Nevertheless it is hereby declared to be excepted and is further Enacted That no Letters Patents
hereafter to be granted shall any way extend to discharge or acquit any arrearages of Quit-Rents reserved by the said former Act and still behind and unpaid nor to acquit that part and proportion of the Three hundred thousand pounds herein hereafter mentioned and intended to be raised and which by the rules of this Act will be payable by such Patentee and leviable upon the Lands in the said Letters Patents contained nor any Measn profits which have been received of lands set out for English arrears or in satisfaction of any adventures upon the doubling Ordinances above what the original money did deserve or in satisfaction of any other Titles or Interests not satisfiable by this or the said former Act nor to discharge any sum or sums of money which persons transplanted into Conaught received upon sale of their estates in Conaught and yet have since been restored to their former estates or some part thereof by virtue of some Clause in the said former Act contained or some Decree or other Proceedings had upon the said Act or shall be so restored by virtue of any Clause contained in these Presents all which arrearages of Quit-Rents Measn profits or other sums of money as aforesaid shall be and are hereby made due and payable unto His Majestie his Heirs and Successors and shall be leviable and recoverable against every person and persons who shall be liable thereunto his and their Heirs Executors and Administrators and all and every their Lands Tenements Goods and Chattels whatsoever Any Grant Patent Settlement or other Disposition made in pursuance of this Act to the contrary notwithstanding And for the prevention of all unnecessary delays and unjust charges which can or may happen to the Subjects of this Realm before their full and final settlement Be it further Enacted by the Authority aforesaid That where the Commissioners for execution of this Act or the major part of them shall give any Certificate under his and their hands and seals to any person or persons Bodies Politick or Corporate in order to the passing of any Letters Patents according to this Act and shall likewise return a Duplicate of such Certificate into His Majesties Court of Exchequer at Dublin to be there inrolled and the person or persons Body Politick or Corporate to whom such Certificate shall be given shall immediatly upon the obtaining of such Certificate and from time to time during the space of six moneths next ensuing the date thereof diligently and without intermission pursue and prosecute the having and obtaining of Letters Patents accordingly and in order thereunto shall pay or tender to such person or persons to whom they shall apply themselves for their assistance towards the passing of such Letters Patents their several and respective fees to them due and payable and shall not obtain such expedition and dispatch that their several and respective Letters Patents may be full perfected and passed under the Great Seal of Ireland within the space of six moneths next after the date of such Certificate but shall be thereof delayed or hindered by the neglect of any Officers or Ministers as aforesaid that there and in such case the several and respective persons Bodies Politick and Corporate to whom or in whose behalf such Certificate shall be given or granted shall hold and enjoy the several Messuages Mannors Lands Tenements and Hereditaments in the several and respective Certificates mentioned and allotted according to such estate and under such rents as are therein mentioned as fully and amply to all intents and purposes as if Letters Patents thereof had been granted and perfected according to the directions of this Act Any thing in this or the said former Act and any other Law Statute or Vsage to the contrary notwithstanding Provided always and be it Enacted That where any Souldier or Souldiers Adventurer or Adventurers his or their Heirs Executors Assignee or Assignes have had any Lands Tenements or Hereditaments formerly set out to him or them as well in satisfaction of arrears due for service done in England as of arrears due for service done in Ireland or in satisfaction of Adventures upon the doubling Ordinances or in satisfaction of any other titles and interests not provided for by this Act together with other Adventures and such setting forth of lands hath been promiscuously and indefinitely as in the gross without any particular application or distinction of the lands shewing which part of the said lands was intended as a satisfaction of the English Arrears and which part as a satisfaction of the Irish Arrears or which part was set out in satisfaction of Adventures upon the doubling Ordinances or of other titles or interests not provided for by this Act and which part for other Adventures and the whole or part of the said lands so promiscuously set out as aforesaid hath been Evicted or Decreed away by virtue of some proceedings of the Commissioners appointed for execution of the said former Act that then and in such case the land so evicted or decreed as aforesaid shall be accounted in Law to be such lands onely as were intended for the satisfaction of English Arrears or Adventures upon the doubling Ordinances or of other titles and interests not provided for by this Act so far as the same will extend and all accompts and payments of the Measn profits of the Lands so evicted are to cease for so much from the time of such Eviction or Decree as aforesaid Nevertheless it is declared That nothing herein contained shall exclude such person or persons from having their full two third parts which are satisfiable by the rules of this Act and from retaining so much whereof they remain possessed for and towards such satisfaction And to the end the Subjects of this Kingdom may be in some measure eased of those charges which are usual and ordinary in passing of Letters Patents Be it further Enacted by the Authority aforesaid that it shall and may be lawful to and for so many of His Majesties Subjects as shall desire the same to be joyned in one and the same Letters Patents the due cautions before mentioned being therein observed so as the Lands thereby granted in case of such being joyned exceed not the quantity of fifteen thousand acres English measure in one Patent Nevertheless it shall and may be lawful to and for the Lord Lieutenant or other chief Governor or Governors of Ireland and Council there for the time being in these and all other cases touching Patents to be granted by virtue of this Act to regulate and moderate the fees of Officers as they shall think fit according to circumstances And be it further Enacted by the Authority aforesaid That where any Lands shall be allotted unto or detained by any Adventurer or Souldier or the Heir Executor Assignee or Assignes of any Adventurer or Souldier for and towards his and their full two third parts or for any part thereof which lands so allotted or detained as aforesaid shall be
said Letters Patents shall be of like force and effect as any other Letters Patents granted to Adventurers or Souldiers by virtue of this Act are or ought to be but if the lands so granted as aforesaid shall exceed the value of such Augmentation as by the said former Act was intended to be settled on the Archbishop or Bishop to whom the said lands were granted then the Commissioners for execution of this Act shall cause such Retrenchment of the overplus to be made as may leave unto the respective Archbishops and Bishops his and their due Augmentations and Allowances with as much conveniency and contiguity as may be and the Lands and Tenements so left unto the said Archbishops and Bishops shall be held and enjoyed by them and their Successors respectively as fully and amply as the same might have been enjoyed in case the lands granted by the said Letters Patents had not exceeded the value intended by the said former Act and the said Letters Patents as to so much of the lands therein contained which shall be retrench'd by the Commissioners as aforesaid are hereby declared to be null and void and the lands so retrench'd shall remain and be vested in His Majestie to the uses of this present Act And if the lands so granted as aforesaid shall fall short of the value of such Augmentations as in and by the said former Act was intended to be settled the Commissioners for execution of this Act shall cause the same to be supplied and made up by a further allotment out of such lands and in such way and manner as by the said former Act was directed And it is further Enacted That in lieu of such provision for glebes as by the said former Act was intended the said Commissioners shall likewise set out so many Acres of Land more as may be sufficient to endow or supply all and every the Parochial Churches in this Kingdom with ten acres of Glebe at the least except such Parochial Churches as are endowed with the like or a greater quantity of Glebe already and that the same be so allotted as may be most contiguous and convenient to and for the several and respective Parish Churches hereby intended to be endowed in which provision Parishes united or to be united by virtue of an Act intituled An Act for real union and division of Parishes and concerning Free-Schools and Exchanges are to be understood but as one Parish and Parishes within great Cities and walled Towns are not at all intended to be comprehended and the like care both for contiguity and conveniency is to be had in the setting out of the Augmentations of the several Archbishopricks and Bishopricks not already provided for as aforesaid as far as may be without the too great prejudice of the present Possessor who is to be removed and after the lands set out for the several Augmentations and Glebes as aforesaid the Commissioners shall certifie their proceedings to the Lord Lieutenant or other chief Governour and Council for the time being And in case the proceedings of the Commissioners shall be there approved and allowed then the lands set out for Augmentations and Glebes as aforesaid shall be and are hereby vested and settled respectively in the several and respective Archbishops and Bishops and Incumbents of Parochial Churches and their Successors for ever and Letters Patents thereof are to be passed to them and their respective Successors in like manner as is directed in the cases of Adventurers and Souldiers and to be of like effect subject nevertheless to the Quit Rents hereafter mentioned and no other And to the end the Revenues of the Church may be more speedily settled Be it further Enacted by the Authority aforesaid That the Lands held or reputed to be held in Fee Farm of any Archbishop or Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their Politick capacity and by this Act vested in His Majestie and the several Impropriations forfeited to and by these Presents vested in His Majestie shall be permitted to remain and continue in the possession of the several Archbishops Bishops and other Incumbents until the several and respective Augmentations Endowments and Glebes set out and satisfied as aforesaid and from and after the Augmentations satisfied the residue of the lands held in Fee Farm as aforesaid shall remain subject to the uses of the former Act not changed by this Act and to such other uses as in this Act are limited and appointed And all and every the Impropriations or appropriate Tythes vested in His Majestie by these Presents or otherwise escheated to His Majestie in Right of His Crown and by the said former Act vested and settled in the present and future incumbents and their Successors shall likewise remain and be vested in the present and future Incumbents and their Successors Subject nevertheless to such reservations provisoes conditions exceptions and other limitations Authorities and dispositions as by the said former Act the same were made Subject unto so alwayes that all and every the matters and things which by the former Act were limited and appointed to be done within the space of two years from and after the passing of the said Act be likewise done within the space of two years from and after the passing of this present Act. And be it further enacted by the authority aforesaid that all guifts grants feoffments fines and other conveyances hereafter to be made by any Archbishop or Bishop of any Mannors Lands Tenements or Hereditaments which by virtue of or in pursuance of this or the said former Act intituled 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 have already been or hereafter shall be granted unto or settled upon any Archbishop or Bishop and his Successors as an augmentation of the revenue of such Archbishoprick or Bishoprick respectively other than for the term of one and twenty years or three lives from such time as any such lease grant or assurance shall begin And whereupon the full moyety of the yearly value and improved rent as the same are now worth to be let shall be reserved and payable during the said term of one and twenty years shall be utterly void and of none effect to all intents and purposes This Act or any other Act law custome or usage to the contrary notwithstanding And the Commissioners for Execution of this Act shall likewise set out or cause to be set out so many more acres of profitable Land as may be of the yearly value of three hundred pounds per ann or may be sufficient to answer and secure a yearly rent charge of three hundred pounds per ann to be issuing out of the same to the intent the same may be a perpetual revenue for the support and maintenance of the Provost of Trinity Colledge neer Dublin and his Successors
Heirs and Successors to the uses herein before and after mentioned And where any of the lands so purchased have been evicted by any Decrees herein after confirmed or shall be given or restored to any person or persons by any special clause or provisoe herein contained The Commissioners for Execution of this Act shall set out and allot unto the person prejudiced by such Decree or clause so much other forfeited land as may be equal in quantity of acres to two third parts of the lands so evicted or restored as aforesaid And it is likewise further declared and Enacted That the persons to be settled in Connaght and Clare as aforesaid and from whom a third part is to be Retrencht and cut of as aforesaid shall be and are hereby discharged of and from the years rent reserved and payd by Charles Earl of Mountrath and others in a particular clause in the said former Act mentioned and of and from all the arrearages thereof And be it further Enacted by the authority aforesaid That neither Adventurer or Souldier Commissioned Officer who served before the fifth of June One thousand six hundred forty and nine Protestant purchasor in Connaght and Clare transplanted person Nor the Heirs Executors Assignee or Assignes of them or any of them nor any other person or persons Body Politick or Corporate who by the said former Act of Settlement is or are any way intituled to reprizals for or in respect of some possession which they have quitted or of some Decrees which have been made against them or otherwise shall at any time hereafter be enabled to demand or have the same reprizals further than what will amount to his and their full two third parts as aforesaid but shall be thereof for ever barred and excluded any thing in the said former Act to the contrary notwithstanding His Royal Highness James Duke of York His Grace George Duke of Albemarle and such others herein after mentioned according to the provision herein after made onely excepted And be it further Enacted by the Authority aforesaid That no Adventurer or Souldier nor the Heir Executor Assignee or Assignes of any Adventurer or Souldier who before any Decree of innocence made by the Commissioners for Execution of the said Act did by himselfe or any other directly or indirectly compound or agree with any Irish claimant whose claim was then depending before the said Commissioners shall ever be admitted to receive or have his two third parts or any other satisfaction for that part of his estate which he so compounded or agreed for but as to so much of his estate for which any agreement was made as aforesaid shall be for ever barred and concluded to demand his two third parts as if the person so agreeing had never been seized or possessed of the same or intitled thereunto so as such Composition or agreement be made to appear before the Commissioners for execution of this Act within three moneths after their first sitting And for the better improvement and ascertaining of His Majesties Revenue Be it further Enacted by the Authority aforesaid That all lands by this or the former Act vested in His Majestie or restored by virtue of any Decrees herein after confirmed or settled or mentioned to be disposed restored confirmed or settled unto or upon any person or persons Bodies Politick or Corporate by virtue of any Clause in this or the said former Act contained and not particularly by plain and express words excepted from Quit Rents in the same Clause and the Lands by this Act appointed to be set out for Augmentation of Bishopricks for endowment of Parochial Churches with Glebe for the better support of the Provost or of the Provost and Fellows of the Colledge of Dublin for the maintenance of the Fort at Duncannon and the benefit of the Corporation at Bandon-Bridge and all the lands enjoyed by transplanted persons in the Province of Conaght or the County of Clare and all other the Lands seized sequestred or set out by reason of or upon accompt of the late Rebellion or War the lands of James Duke of Ormond Elizabeth Lady Dutchess of Ormond the Earl of Burlington and Cork the Earl of Roscommon and other the Protestants of Ireland heretofore sequestred onely excepted be subject and liable to such Quit-Rents to be paid unto His Majestie His Heirs and Successors as in the former Act is directed and appointed Saving onely that the lands in the Province of Ulster which by the former Act were charged with one peny the Acre Quit-Rent shall be and are hereby charged from henceforth with two pence the acre Quit Rent Nevertheless because it may so fall out that in some Counties and Baronies of this Kingdom the Quit Rents which by the Rules of this Act will be chargeable upon and issuing out of the lands therein lying may exceed or at least amount to the full value of the land therewith charged or very neer the full value to the great discouragement of all Plantation and Improvement thereupon Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other chief Governour or Governours and Council for the time being at any time during the space of three years from and after the passing of this present Act to make such abatement and moderation of Quit Rents as they in their judgements shall think fit and that such Order of Council as shall be made touching the abatement of Quit Rents and enrolled in the Court of Exchequer shall be as good and effectual as if the same had been Enacted by these Presents Any thing herein contained to the contrary notwithstanding And for the better carrying on of this present Settlement by raising such a sum of money as may be sufficient to buy of several Estates and Interests which by virtue of the said former Act are now in being and if they should be strictly challenged and demanded according to the tenor of the said Act would in a great measure delay and hinder the execution of this present Act Be it further Enacted by the Authority aforesaid That one years rent of all the lands in Ireland which were returned by the Civil survey to belong to any Irish Papist Popish Recusant or Roman Catholick according to the values of the same lands were let at in the year One thousand six hundred fifty and nine and of all other the lands wherein any Adventurer or Souldier his Heirs Executors or Assigns hath any benefit of Settlement or Confirmation by virtue of this present Act the lands settled by Erasmus Smith to any pious or charitable use onely excepted be forthwith raised and paid unto the Receivers herein after constituted and appointed by two even and equal payments the first payment thereof to begin upon the first day of February which shall be in the year of our Lord One thousand six hundred sixty five the second payment to be upon the first day of
paid their purchase money to His Royal Highness or his Commissioners or to the Executors of such Regicides who have since answered the same upon their accompts to His Royal Highness or his Commissioners and other than the lands and Houses granted or intended to be granted unto James Duke of Ormond and the Lady Dutchess his Wife or either of them by this or the said former Act and other than the lands granted unto Michael now Lord Archbishop of Dublin heretofore Lord Bishop of Cork and the lands granted unto Francis Lord Aungier and other than the lands granted to Sir George Lane before and confirmed in and by the said former Act and other than the lands settled upon Hercules Huncks by the said former Act which shall remain to them their Heirs and Assignes accordingly and other than the lands which have been decreed away by the Commissioners for Execution of the late Act shall be and are hereby declared to be and continue vested in his Royal Highness and his Heirs as fully and amply with all the like benefit and advantage as by the said former Act is mentioned discharged of all Rents services and payments by this or the said former Act reserved created or imposed but subject to the same Rents services and payments as other lands by this Act ought to be in case his Royal Highness or his Heirs shall alien or demise the same otherwise than forlives or years reserving the full Moyery of the improved Rent And where any lands formerly set out in satisfaction of any Adventures or arrears or any other lands whatsoever due to the said Regicides or any of them have been evicted or recovered from his Royal Highness his Heirs and Assignes by virtue of any such decrees as aforesaid Be it further Enacted That some other like quantity of profitable and forfeited lands according to the down Survey equal in number of acres to those which have been so evicted and within the Counties of Dublin Lowth Kildare and Cork or some of them if it may be or otherwise elsewhere be forthwith set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid And further that all deficiencies which have happened to all or any the persons whose estates by the said former Act or this present Act are vested in his Royal Highness and his Heirs or which have happened to their or any of their estates be fully satisfied and supplyed out of some other forfeited lands to be set out by the Commissioners for Execution of this Act and allotted to his Royal Highness and his Heirs to be held as aforesaid and that all moneys lent or disbursed by any of the said persons or hy any others for them or any of them for Provisions Arms or Ammunition for support of His Majesties Army in Ireland in the beginning of the Rebellion there be likewise satisfied out of the Lands and Houses for that purpose according to His Majesties Declaration in the said Act of Settlement to be set out by the Commissioners for execution of this Act and allotted to his Royal Highness his Heirs and Assignes to be held as aforesaid Any thing in this or the said former Act to the contrary notwithstanding Saving always unto Arthur Earl of Anglesey such Right and Title of in and to such part of the premisses as he the said Earl of Anglesey hath or ought to have by virtue of the said former Act or this present Act or by virtue of an Indenture of Lease under the hand and seal of his Royal Highness made between his Royal Highness of the one part and the said Earl of Anglesey on the other part bearing date before the passing of this Act Any thing in this or the said former Act to the contrary notwithstanding Provided always and be it Enacted That this Act shall not extend or be any ways construed to take away or be prejudicial unto any Estate Right Title or Interest of George Duke of Albemarle his Heirs or Assigns of in or to any Lands Tenements or Hereditaments accrewing to him or them by virtue or in pursuance of the said former Act or one other Act intituled An Act for the securing several Lands Tenements and Hereditaments to George Duke of Albermarle Any thing herein before or after expressed to the contrary in any wise notwithstanding And it is further Enacted That the Ferry at Wexford with all the profits and other the Rights and Priviledges thereunto belonging or therewith used and enjoyed shall be and are hereby vested and settled in the said George Duke of Albemarle and shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns And whereas several Lands and Tenements whereof the said George Duke of Albemarle was seized by virtue of one or both the Acts before mentioned have been evicted or recovered from the said George Duke of Albemarle by virtue of certain Decrees lately made by the Commissioners for execution of the said former Act and some Incumbrances have likewise by Decree of the said Commissioners been allowed and charged upon the Lands of the said George Duke of Albemarle for redemption whereof the said George Duke of Albemarle hath paid and satisfied the full sum of Eight hundred pounds Be it further Enacted That the Commissioners for execution of this Act do forthwith set out and allot to the said George Duke of Albemarle and his Heirs or Assigns out of the lands in the County of Wexford now or lately held in Custodiam of His Majestie by Sir Richard Clifton Knight so much other land as may be equal in quantity of profitable acres to what hath been so Decreed and Evicted as aforesaid and in value to such Incumbrance as hath been recovered and satisfied as aforesaid which lands so as aforesaid to be allotted shall be held and enjoyed by the said George Duke of Albemarle his Heirs and Assigns as fully and amply as the lands so Evicted and Decreed as aforesaid might have been held in case no such Decree or Eviction had been Any thing in this or the said former Act contained to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That the Right honourable Thomas Earl of Southampton Lord high Treasurer of England Anthony Ashley Lord Ashley Chancellor and Vndertreasurer of His Majesties Court of Exchequer Sir Orlando Bridgeman Knight and Baronet Lord chief Iustice of His Majesties Court of Common Pleas at Westminster and Sir Henry Vernon Knight and Baronet shall have hold and enjoy to them their Heirs and Assignes all that the Castle Mannor and Abbey of Eniscorthy in the County of Wexford and all the Mannors Towns Vills Lands Tenements Territories and Hereditaments late of Robert Wallop late of Farley-Wallop in the County of Southampton called Kilbeg Cloine Tumsalow and Effernock or by what other name or names soever they are known or called with their and every of their
and thereby are actually restored without any Previous reprizall and their and every of their Executors and Assignes shall stand and continue restored to and vested in such their estates thereby intended and shall have and enjoy the lands Tenements and Hereditaments and all other the benefits and advantages of the said former Act in such manner and form and for such estates and with such privileges immunities and discharges respectively as in and by the said former Act are mentioned and expressed Nevertheless it is hereby declared that this restitution and confirmation is not to extend to any lands Tenements or Hereditaments other than such as did truely and without fraud upon the two and twentieth of October One thousand six hundred forty and one belong to and were enjoyed by the said persons or some of them their or some of their Ancestors or Heirs or were in the possession and seizin of some others in trust for them or some of them or be particularly expressed in the several and respective clauses of the said former Act And to the end it may more cleerly appear how much land the persons aforesaid are truely intitled unto by virtue of this or the said former Act and how farr the persons who are or shall be dispossessed by them or any of them ought to be relieved by virtue of this Act It is further Enacted that all and every the persons aforesaid who claim any benefit by the clauses aforesaid shall make out such their title as to the several parcels of land which they demand before the Commissioners for Execution of this Act within such time as shall be limited by the Commissioners and take out their Decrees for so much as shall be allowed upon their Claims and in default thereof shall forfeit two years value of the lands in their or any of their possessions respectively or in the possession of their tenants or Trustees one Moyety to the Kings Majestie the other to the Informer to be recovered in like manner as other forfeitures are by this Act appointed to be recovered And it is further declared and Enacted That Thomas Pigott Esq and Matthew Lock Esq shall have and enjoy to them and their Heirs two full third parts of the lands in Westmeath settled on them by the said former Act with like libertie of Retrenchment retaining possession and of demanding and having Letters Patents as other Adventurers and Souldiers ought to have and as if the said lands in Westmeath had been in the possession of the said Thomas Pigott and Matthew Lock on the Seaventh of May One thousand six hundred fifty and nine and had been allotted to them as original Adventurers any thing herein before to the contrary notwithstanding And it is hereby declared and further Enacted That if any of the said persons herein before mentioned to be restored and appointed to take out Decrees as aforesaid or any others who by virtue of any Decrees heretofore made by the Commissioners for Execution of the said former Act have been restored shall at any time within two years next ensuing be found by colour of some clause in the said former Act or Decree as aforesaid to have entred upon and kept possession of more land than did rightfully belong unto them and was in their possession on the two and twentieth of October One thousand six hundred forty and one unles the same land were particularly expressed and given in some clause in the said former Act contained that then and in such case the person so offending shall forfeit double the value of the land so fraudulently possessed and detained unless the said offendor shall within three months next after the first sitting of the Commissioners for the Execution of this present Act discover and declare the same to the said Commissioners and openly relinquish and surrender the possession so unduely detained as aforesaid of which forfeiture one third part shall be to our Soveraign Lord the King and the other two thirds to him or them that will sue for the same to be recovered by action of Debt Bill Plaint or information in any of the four Courts of Record at Dublin wherein no essoyne Protection or wager of law shall be or any more than one imparlance And be it further Enacted by the Authority aforesaid That all and every the clauses in the said former Act contained and not herein altered explained or repealed and which will consist with the Execution of this Act shall be and so are hereby declared to remain and be of such like force and effect as the same were before the passing of this Act and that all other the clauses which will not consist with the effectual Execution of this Act shall be and are hereby repealed any thing herein before contained to the contrary notwithstanding And further that all and every the clauses in this or the said former Act contained so farr as the same remain in force shall be construed expounded and taken in all Courts and places whatsoever most liberally and beneficially for the protecting settling and establishing the persons estates and interests of Protestants who are principally intended by these presents to be settled and secured And be it further Enacted by the Authority aforesaid That all Decrees made by the Commissioners for Execution of the said former Act whereby any Protestant or Protestants have been declared innocent shall be and are hereby absolutely confirmed and also that all Decrees whereby any Papist or Papists have been declared innocent and which shall be taken out within three months after the first sitting of the Commissioners for Execution of this present Act shall be and are hereby absolutely confirmed according to the tenor purport and effect of the same any exception touching the time wherein the same Decrees were made and any irregularity or pretended irregularity in not pursuing the Declaration Instructions and the said former Act to the contrary notwithstanding such Decrees wherein any lands are comprehended or which any Protestant or Protestants was or were possessed before the two and twentieth of October One thousand six hundred forty one and which were never seized or sequestred or set apart upon the accompt of the late Rebellion or warr and such Decrees wherein more lands are Decreed to the Claimant than were claimed by him as to those lands so Decreed beyond the claim onely excepted which are hereby declared as for so much to be utterly void so as the same be discovered within six moneths next after the first sitting of the Commissioners subject nevertheless to such penalties as in this and the said former Act are contained touching false and fraudulent Claims so as the same be discovered within two years next ensuing the passing of this present Act. Provided always and be it Enacted That no person or persons who by the Commissioners for execution of the said former Act have been adjudged and declared innocent and to whom any Land Tenements or Hereditaments have been adjudged and restored
William Petty his Executors Administrators or Assignes from time to time as often as any such Order or warrant shall be made to enter into all and every the lands in such Order or warrant mentioned and to levy the respective summs therein appointed to be paid not exceeding one penny the acre by distress and sale of such distress as shall there be found belonging to the occupiers of the said lands returning the overplus and whatsoever the Tenants or occupiers of the lands shall pay or shall otherwise be levied upon them as aforesaid not exceeding one penny the acre shall and may be deducted out of the rents by them respectively payable and for so much they and every of them shall be and are hereby discharged against their several and respective Landlords And because the Settlement now intended and endeavoured to be perfected would be very much obstructed if the Heirs or Assignes of Wentworth late Earl of Kildare should hold and enjoy the full benefit of a certain clause in the said former Act contained whereby the Preemption of all forfeited estates and interests held of or from Wentworth Earl of Kildare or George Earl of Kildare or either of them and of all other lands lying intermixt with the said Earl of Kildares estate is given to the said Wentworth late Earl of Kildare his Heirs and Assignes and further the arrears due to George Earl of Kildare for service before the fifth of June One thousand six hundred forty nine were appointed to be satisfied in the County of Kildare and else where lying most convenient to the said Earl of Kildares estate as the said Wentworth late Earl of Kildare should make choice of Be it therefore Enacted by the Authority aforesaid That so much of the said clause as concerns the preemption of forfeited estates and interests held of and intermixt with the Earl of Kildares grant as aforesaid or appoints the satisfaction of personal arrears for service to be within the County of Kildare or elsewhere at election as aforesaid shall be and is hereby repealed which arrears of the said George Earl of Kildare now belonging to Sir James Shaen Knight and Baronet Administrator of the said George Earl of Kildare are to be satisfied as in and by another clause herein after following and providing for the satisfaction of the interests of the said Sir James Shaen is declared and that in lieu and satisfaction of those privileges and advantages in and by the said clause given or intended to be given the Commissioners for execution of this Act shall forthwith set out or cause to be set out unto John now Earl of Kildare and his Heirs so much undisposed forfeited lands as shall be of the cleer yearly value of five hundred pounds per annum over and above all charges and reprizes therein shall take care that the same may be set out as neer unto the said Earls estate and as contiguous to the Lordship of Kilka in the County of Kildare as the same can conveniently be done and after such allotment and setting forth the same shall be granted by Letters Patents under the Great Seal of Ireland unto John Earl of Kildare and the Heirs Males of his body And for want of such issue to remain and be to Robert Fitz Gerald Esq uncle of the said John Earl of Kildare and the Heirs Males of his body and for default of such issue to the right Heirs of Wentworth late Earl of Kildare for ever subject nevertheless to the payment reimbursement and discharge in the first place of all such summ and summs of Money with interest for the same as upon any contract or bargain heretofore made by the said Wentworth late Earl of Kildare touching the benefit of the said former provisoe or touching the benefit of any part thereof have been paid unto the said late Earl or shall be paid hereafter to such Contractors during the minority of the the said John Earl of Kildare and lyable also to such other charges and payments as shall be necessarily made and disbursed in and for the settling and securing the premisses And that the Letters Patents so as aforesaid to be granted shall be of like force and effect as any other Letters Patents herein before appointed to be granted are or ought to be Provided alwayes and be it Enacted by the Authority aforesaid That out of the estates of John Fitz Gerald John Magill and Ieoffrey Faning before by this Act vested in His Majestie his Heirs and Successors It shall and may be lawful for the Lord Lieutenant or other Chief Governours of Ireland to restore unto and settle upon them and their Heirs respectively such part or parts of the said respective estates as they shall think fit Provided also and be it further Enacted by the Authority aforesaid That Sir John Stephens Knight Governour of His Majesties Castle of Dublin shall and may have hold and enjoy to him his Executors and Assignes all and every the lands Tenements and Hereditaments in the County of Cork which at any time were reputed to belong to Sir Brice Coghran by colour of any grant or guift of the late Vsurped powers and which are or have been possessed by the said Sir John Stephens by virtue of Letters Patents under the Great Seal or otherwise for and during such time and term of years and under such rents onely as in the said Letters Patents are expressed and no other so as he the said Sir John Stephens do place or cause to be placed upon so much of the premisses as shall be found to be within the securities set apart for satisfaction of the Commissioned Officers who served before the fifth of June One thousand six hundred forty nine so much of the stated arrears due to such Officers which are satisfiable and for which no satisfaction hath yet been given as the value of the premisses may amount unto any thing in this or the said former Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and singular the Moneyes which by virtue of this or the said former Act shall or may growe due unto His Majestie for or in respect of the measne profits of those lands which have been set out and received in satisfaction of any arrears for service done in England commonly called English arrears or for or in respect of the measne profits of those lands which have been set out to any person or persons in satisfaction of any Adventures upon the Ordinances commonly called the doubling Ordinances or for or in respect of any other measne profits which by this Act are made due and payable unto His Majestie as being received out of lands set out in satisfaction of interests not satisfiable by this or the said former Act and also all and every the summs of Money now due unto His Majestie which any person or persons transplanted into Connaght and since restored or hereafter to be restored to his former
Hugh Earl of Mount-Alexander and his Hiers with benefit of reprizal in case of restitution as Adventurers by the said former Act ought to have had as in and by the said former Act more at large appears since which time the Commissioners for execution of the said former Act have by their Decree adjudged James Allen to be innocent and restored the said Lands to the said James Allen and his Heirs against which Decree an appeal was made to His Majestie by a Petition exhibited by William Montgomery Esq on the behalf of the now Earl of Mount-Alexander an Infant Sonn Heir of Hugh late Earl of Mount-Alexander on hearing of which case and on the defence made by Colonel Richard Talbot to whom part of the lands restored by the said Decree were for good and valuable considerations and by sufficient assurances in Law legally conveyed by the said James Allen His Majestie thought not fit to alter the said Decree or weaken any of the said assurances His Majestie is therefore graciously pleased that it may be Enacted and be it Enacted by the Authority aforesaid That the Commissioners for execution of this Act shall set out and allot or cause to be set out and allotted unto the now Earl of Mount-Alexander his Heirs and Assignes so much other undisposed forfeited lands as may be equal in quantity of acres unto two full third parts of the lands so evicted and recovered by Decree as aforesaid and that Letters Patents shall be thereof passed in like manner and shall be of like effect as any other Letters Patents granted by virtue of this Act are or ought to be And whereas in and by certain Letters Patents passed under the Great Seal of Ireland and bearing date the Seaventh day of March in the twelfth year of the Raign of His Majesties Royal Father the Territories and precinct of Feartry in the County of Wicklow and certain other Mannors lands and Tenements in the said Letters Patents contained were thereby given and granted unto Sir John Coke knight and his Heirs his late Majesties principal Secretary of Estate And whereas Thomas Coke late of Grayes-Inn in the County of Middlesex His Majesties Sollicitor Generall sonn of the said Sir John Cooke Deceased was in his life time lawfully seized of or otherwise intitled unto the said Territory and precinct of Feartry and other the lands and Tenements in the said Letters Patents contained the Inheritance whereof after the Death of the said Thomas Coke Deceased did descend and come or of right ought to have descended and came unto _____ Coke an infant onely Sonn and Heir of the said Thomas Coke Deceased Be it therefore Enacted by the Authority aforesaid That no sequestration or allotment of any of the lands or Tenements in the said Letters Patents contained to any Adventurer or Souldier shall any way Barr or weaken the right or title of him the said _____ Coke in or the said lands or Tenements but that he the said _____ Coke shall and may hold enjoy the same to him and his Heirs according to the tenor and effect of the said Letters Patents any thing in this or the said former Act contained to the contrary notwithstanding And whereas in this and the said former Act great care is taken of the relict and Heirs of Sir Simon Harcourt Knight Deceased upon whom his Majesties Royall Father did by Letters under his Privie Signet appoint that lands of the value of four hundred pounds per annum to be taken out of the forfeited estate of Luke Nettervill should be settled part of which estate together with certain Houses in Dublin were set out accordingly and the relict and Heirs of Sir Simon Harcourt thereof possessed at the time of His Majesties late Gracious Declaration and so still are which lands and Houses together are as is alleaged still short of the value of four hundred pounds per annum intended to be settled as aforesaid It is therefore Explained and Enacted by the Authority aforesaid That it shall and may be lawful to and for Sir Philip Harcourt Knight son and heir of Sir Simon Harcourt Knight to hold and enjoy to him and his heirs the houses in the City of Dublin so as aforesaid set out and possessed so as the houses and lands together do not exceed the value of Four hundred pounds per annum Any thing in this or the said former Act contained to the contrary notwithstanding And whereas Thomas Cunningham and Captain Lewis Dick in the year One thousand six hundred forty two pretended to have performed acceptable services against the then Rebels in Ireland by hindering provision coming to them by Sea and by relieving the English Garrisons which were in distress wherein they so far gained belief as that they obtained from the Treasurer for the Irish Adventurers and acknowledgement that they paid in Seven thousand pounds as money adventured and for which they likewise had a certificate from the Committee of Adventurers sitting at Grocers-Hall in London And howbeit the said Thomas Cunningham or Captain Lewis Dick never did any service on the coast of Ireland according to the said undertaking nor paid in any money as other Adventurers did yet by colour of the said certificate there were set out for the said Seven thousand pounds the number of fifteen thousand five hundred fifty and five acres of Land in the County of Tipperary and Limerick whereof they the said Thomas Cunningham and Captain Lewis Dick or their Assigns were possessed the seventh of May One thousand six hundred fifty nine Now least by the general rule of the present settlement the said number of acres or two third parts thereof so unduly obtained as aforesaid should be secured to the said Thomas Cunningham and Captain Lewis Dick or their Assigns His Majestie is graciously pleased that it be Enacted and be it Enacted by the Authority aforesaid That the said fifteen thousand five hundred fifty five acres so set out as aforesaid for and on pretence of the said Seven thousand pounds shall be remain and continue and are hereby vested in his Majestie His Heirs and Successors for ever Provided nevertheless That if the said Thomas Cunningham and Captain Lewis Dick their Heirs or Assigns shall within two months after the Royal Assent shall be actually given to this present Bill make it appear by full and clear proof before the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland that the said Adventure money of Seven thousand pounds was really and bona fide issued and paid in pursuant to the several Acts made by His late Sacred Majestie for reducing the Rebels of Ireland then they shall have the like benefit and advantage by the said Adventure and out of the said fifteen thousand five hundred fifty five acres as other Adventurers are to have by virtue of this present Act. Be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours
or thing in this or the said former Act contained to the contrary notwithstanding Whereas by a Decree of the late Court of Claims Patrick Coleclough was restored to an Estate in the County of Wexford in Remainder after the death of Dudley his Father part of which was by a clause in the said former Act vested in Robert Clayton John Morris in trust for Sir John Cutler and others in the said Act mentioned had before that time been purchased from Souldiers or other reprizable persons in order to the erecting of Iron workes which have since accordingly been erected and are of publicque benefit to this Nation the increase of His Majesties revenue if the said Decrees should remain in full force the said advantages might be lost for the preservation thereof It is therefore Enacted be it enacted by this Parliament that the said John Morris Robert Clayton shall may have hold enjoy such part of the lands contained in the said Patrick Colcloughs Decree as they were formerly seized of against the said Patrick and Dudley and their Heirs and against the said Decree made as aforesaid And it is further Enacted that in lieu and compensation thereof the said Patrick Colclough shall have the full benefit of the reprizall due to the said John Morris and Robert Clayton upon the said Decree And that untill the said reprizalls shall be set out that the said lands hereby settled on the said John Morris Robert Clayton shall be chargeable and are hereby charged with the annual Rent of One hundred pounds payable yearly on the first dayes of May and November and made lyable to the distress of the said Patrick upon non payment thereof at the said dayes of payment And that as soon as the said reprizalls shall be set out as aforesaid the said yearly Rent shall cease and absolutely determine And to the end that the said Iron workes may be kept up It is likewise Enacted that if the said former or ancient proprietor or his Heir of any the lands whereof the said John Morris and Robert Clayton are now seized in the said County of Wexford shall be or is by this Act restored to his estate then and in such case the said John Morris and Robert Clayton and their Heirs shall notwithstanding have hold and enjoy such part of the said former Proprietors estate as they now stand seized of And the said Proprietor for so much is elsewhere to be reprized any thing in this present Act or any other Act of Parliament contained to the contrary in any wise notwithstanding Whereas His Majestie by severall Letters Patents under His Great Seal of Ireland whereof one patent was dated the sixteenth February One thousand six hundred and sixty in the thirteenth year of His Majesties Raign the other dated the tenth day of July One thousand six hundred sixty and three in the fifteenth year of His Majesties Raign did amongst other things give grant and confirm or mentioned or intended to give grant and confirm unto Sir George Lane Knight and his Heirs all the Castles Mannors Houses lands Tenements and Hereditaments and other interest whatsoever which Philip Hore late of Kilsalchan attainted of High Treason was seized or possessed of at the time of his said attainder since which time two severall Decrees have been made in the late Court of Claimes in this kingdom to the prejudice of the said Grants one at the suite of the Sonn and Daughters of the said Philip Hore attainted for portions and the other at the suite of the Sonns of Philip Hore the younger Sonn to the said Philip attainted for severall remainders which Decrees were upon a petition exhibited to His Majestie by the said Sir George Lane questioned and on hearing of the cause it was ordered that the said Sir George Lane should be at liberty to impugne the said Decrees by any matter in fact or Law that he could object against them whereupon the said Philip Hore the younger who made defence in the said cause before His Majestie and the said Sir George Lane did mutually agree for avoiding of all future differences touching that matter that all the said estate and interest should be divided and a share thereof settled on the said Sir George Lane and his Heirs for quitting his whole pretense and right to that estate and the remain thereof settled on the said Philip Hore the younger and his Heirs for all his pretenses and the pretenses likewise of his Brothers Sisters and children to that estate which agreement the said parties did by their joint Petition humbly desire to be established by severall provisoes in this Act whereupon His Majesties was graciously pleased that it should be Enacted by the Authority aforesaid And it is hereby Enacted that the said severall Decrees be and are hereby made null and void as if there had never been any such And that the said Sir George Lane shall be and is hereby restored unto settled confirmed and established in the present and actual seizin and possession of the mannor Castle Town and lands of Kilsalchan with a wind-mill and six messuages containing by estimation three hundred acres of land be it more or less within the County of Dublin with a Court Leet and Court Baron to be held within the said Mannor of Kilsalchan the meadow called the Lords mead in the Feilds of Stradbally a messuage ten acres of land in Stradbally aforesaid in the Feilds thereof next adjoyning to the Lords mead aforesaid and all other the said Philip Hores lands in Stradbally aforesaid now or late in the tenure or possession of John Murphy John Quin and Walter Ryan or one of them one Messuage and forty acres of land with the appurtenances in Swords one Messuage and five acres of Land in Rolls Towns two Messuages one Pigeon House one hundred acres of land ten acres of meadow and ten acres of pasture with the appurtenances in Ardlaw nine Messuages nine Gardens and one hundred acres of land with the appurtenances in Stradbally commonly called Bealings Land in Stradbally the village Hamlet and Lands of Great Kingston with the appurtenances containing by estimation one Messuage and fourscore acres of land two houses with Gardens and a Park or Orchard commonly called Pond-Park to them belonging in Newstreet in the Suburbs of the City of Dublin one Close or Park commonly called Barries-Park without Bongans Gate all lying and being in the Parish of St. Nicholas Barony of Uppercross and County of Dublin fifty shillings yearly rent issuing out of the Mannor of Westpalstown nine pence chief rent out of the lands of Criuserath nine pence chief rent out of the lands of Knightfield and thirteen shillings and four pence chief rent out of Dowdes land Bealings land and Talbots land in Stradbally aforesaid the Town and lands of Paslockes-Town and Maces-Town in the aforesaid County the Town and lands of Kilmore in the Barony of Coolook and County aforesaid by virtue
Harviestown and the mill thereunto belonging PoleHore Bolgerstown and Muchy-wood and Mullindery with the appurtenances all lying and being in the County of Wexford And that he the said Philip Hore shall have hold possess and enjoy all and singular the premisses to him and his Heirs against the Kings Majestie his Heirs and Successors and against the said Sir George Lane and his Heirs and all claiming by from or under them or any of them by virtue of this or the said former Act with all the rights members and appurtenances Rents issues and profits and all other advantages whatsoever to them and every of them belonging and appertaining to the use of him the said Philip Hore his Heirs Executors and Administrators respectively for ever Subject unto such rents and services as the same are lyable unto by this Act This present Act or any other Act Law Statute Ordinance Order Grant Decree Outlawry Attainder Record Provision Sequestration Distribution Allotment Iudgement or Conviction or any other clause matter or thing to the contrary notwithstanding His Majestie having taken to his Princely consideration the many faithfull and acceptable services of Sir George Hamilton Knight performed aswell to his late Majestie of Glorious Memory as to himself in the Warrs of Ireland and that in severall qualities as Captain of Horse Colonel and Captain of Foot Governour of the Castle of Nenach and other capacities for which there were arrears to great value accrued to the said Sir George Hamilton before and after the fifth of June One thousand six hundred forty nine which though not stated are by agreement and consent between him and other the Commissioned Officers and Trustees serving in Ireland before that time reduced to five thousand pounds sterling Be it therefore Enacted by the Authority aforesaid That the said Sir George Hamilton shall in full satisfaction of all personal arrears due unto him for his service in Ireland in the several imployments he had there before and after the said fifth day of June One thousand six hundred forty nine be satisfied the summ of five thousand pounds sterling out of the security set a part and designed by this and the said former Act for satisfaction of the arrears of such Commissioned Officers as served His Majestie or his said Royal Father in the Warrs of Ireland at any time before or after the fifth of June One thousand six hundred forty nine in such manner as by the said agreement is directed this Act or any other Act or matter to the contrary notwithstanding Provided Alwayes and be it Enacted by the Authority aforesaid That where any lands Tenements or Hereditaments which were seized sequestred or set apart upon account of the late Rebellion or Warr have been given and granted by any particular clause or provision in the said former Act mentioned or by any Letters Patents under the Great Seal of England or under the Great Seal of Ireland to any person or persons whose estates therein were confirmed by the said former Act or are confirmed by this present Act and whereof a third part hath not been already evicted by some Decrees herein confirmed the lands granted to his Royal Highness James Duke of York George Duke of Albemarle Arthur Earl of Anglesey Roger Earl of Orrery Charles late Earl of Mountrath Richard Lord Baron of Coloony Charles late Earl of Falmouth Theobald Earl of Carlingford Henry Lord Arlington John Lord Kingston Chidley Coot and Thomas Coot Esquires the relict and Heirs of Sir Simon Harcourt and the relict and Children of Colonel George Cook Sir William Pen Sir Theophilus Jones Sir George Ayscough the Orphans of Colonel Owen O Conell Sir George Rawdon Baronet Sir George Lane Edward Vernon Esq Erasmus Smith Esq and the lands conveyed or mentioned to be conveyed by John Parker to certain Trustees for pious uses which Trustees are hereby made responsible to the Lord Lieutenant or other Chief Governour and Governours and Council there for the time being touching the execution and performance of the said Charity and the lands granted to any person or persons in satisfaction of arrears due for service done in Ireland or in satisfaction of any debt owing to them for provisions for the Army or Navy in Ireland and the lands which by the said former Act are restored to former Proprietors onely excepted That there and in such cases the said Provisoes Clauses Grants and Letters Patents shall be understood and so are hereby declared to be good and valid for no more than two full third parts of the Lands Tenements and Hereditaments therein mentioned and thereby granted and as to one third part of the Lands Tenements and Hereditaments therein contained shall be and so are hereby declared to be null and void Any thing in the said Provisoes Clauses Letters Patents or in the said former Act or in this present Act contained to the contrary notwithstanding Nevertheless such Grantees and all those who claim under them shall have like liberty of Retrenchment and in like manner and form as Adventurers and Souldiers are to have by the rules of this Act and the third part so as aforesaid to be retrencht shall remain and be vested in His Majestie His Heirs and Successors to be disposed and applyed to such uses as other forfeited lands by this Act ought to be Any thing herein before contained to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That out of all the Lands which have been decreed to any Irish Papist Popish Recusant or Roman Catholick by virtue of any Decrees not grounded upon some particular Proviso in the said former Act and made by the Commissioners for execution of the said former Act after the second day of July in the year of our Lord One thousand six hundred sixty three and herein confirmed one years rent according to the values the same were let at in the year One thousand six hundred fifty nine over and above all other the rents and payments by this Act imposed or made levyable shall be raised and levyed and paid unto the Receivers herein after mentioned by two even and equal payments the first payment thereof to begin upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and seven and the second payment thereof to be upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty and eight under the penalty following That is to say every person lyable to the payment of any part of the said years rent and making default and failing to pay the same by the space of twenty days next after any the days and times wherein the same ought to be paid shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid to be levyed by Process out of His Majesties Court of Exchequer in like manner as any other the rents herein before
imposed or appointed to be levyed And the said Receivers herein after mentioned are to pay the moneyes by them received from time to time unto Arthur Earl of Anglesey Vice-Treasurer of Ireland or unto the Vice-Treasurer of Ireland for the time being And the said Arthur Earl of Anglesey or the Vice-Treasurer of Ireland for the time being is hereby appointed to issue out and pay all and singular the monies which by virtue of this clause shall be received and paid in or otherwise levyed as aforesaid unto such Irish Papists Popish Recusants and Roman Catholicks as served under His Majesties Ensigns abroad and are particularly mentioned in the late Declaration and were seized of or intitled unto any Lands Tenements or Hereditaments upon the three and twentieth of October One thousand six hundred forty and one to which they are not yet restored and in such parts and proportions as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being shall direct and appoint And whereas in the said former Act it is provided That the sum sums of money which have been forfeited by any Adventurer or Adventurers by reason he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them according to the tenor of the Acts of Parliament of the seventeenth eighteenth of King Charles the first be are hereby vested and settled in His Majestie His Heirs Successors as in by the said Act more fully appeareth which forfeited subscriptions adventures or sums of money are commonly called by the name of lapsed money And whereas His Majestie for the better increasing of the stock of undisposed forfeited lands and to the end that more of the ancient and former Proprietors may come to be restored is graciously pleased to relinquish his satisfaction of the said lapsed money by or out of any forfeited lands to be therefore set out and to accept of the sum of Thirty thousand pounds sterling to be paid unto His Majestie in lieu and recompence thereof Be it therefore Enacted by the Authority aforesaid That His Majesties right and title in and to any forfeited lands in recompense of and satisfaction for the said lapsed moneys shall be and is hereby released and discharged and further that it shall and may be lawful to and for the Lord Lieutenant and other Chief Governour or Governours of Ireland and Council there for the time being to assess and impose upon all and every the Lands Tenements and Hereditaments which by virtue of this Act shall be restored or confirmed to any former Proprietors of the Popish Religion or granted to any the Roman Catholicks of Ireland such further and other sums as they shall think fit for the raising and levying of Thirty thousand pounds sterling in the most equal and indifferent way that may be to be paid unto the Receiver herein after mentioned by two even und equal payments the first payment thereof to begin upon the first day of May which shall be in the year of our Lord God One thousand six hundred sixty and six and the second day of payment to be upon the first day of November in the year of our Lord One thousand six hundred sixty and six and in case any person or persons lyable to the payment of any part of the said Thirty thousand pounds so as aforesaid to be assessed and imposed shall make default of payment by the space of one and twenty days next after any the days and times wherein the same ought to be paid then the person so making default shall be chargeable and is hereby charged with double the sum which ought to have been paid as aforesaid and the Vice-Treasurer of Ireland for the time being shall issue out and pay or cause to be issued out and paid unto Richard Stratford of London Gentleman his Executors Administrators and Assigns the sum of Three thousand pounds sterling and the residue thereof being Twenty seven thousand pounds and all other the forfeitures and penalties which shall be incurred for non payment of the said Thirty thousand pounds unto such person and persons and to and for such uses as the said lapsed moneys or the lands to be set out in satisfaction of the same were or ought to have been granted in pursuance of His Majesties several and respective Letters under His Royal Signet bearing date upon the tenth or eleventh or the twelfth day of February in the Fourteenth year of His Majesties Reign and in the year of our Lord One thousand six hundred sixty and two or by any other Letters under His Majesties Royal signet or by any Letters Patents to Roger Earl of Orrery or others Any thing in this or the said former Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all the customs duties and impositions of what nature or kind soever which are or shall be due for any goods wares or merchandize imported into or exported out of the ports and havens of Strangford and Ardlass or either of them or any the members thereof or Creekes thereunto belonging heretofore the inheritance of Wentworth late Earl of Kildare and by him sold unto His Majestie shall be and are hereby vested in the Kings Majestie and shall be held and enjoyed by His Majestie his Heirs and Successors any defect in the conveyance thereof to his Majestie or other matter or thing to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the Capital messuage mills mannors towns and lands of Chappel-Izzard alias Izzod with all the rights members and appurtenances thereof heretofore conveyed or mentioned to be conveyed or contracted for by or in behalf of the Kings Majestie and agreed to be conveyed by Sir Maurice Eustace Knight late Lord Chancellor of Ireland unto the Kings Majestie and for which part of the purchase money hath been paid by the Kings Majestie unto the said Sir Maurice Eustace in his life time shall upon payment of the residue of the purchase money unto the lawfull Executors of him the said Sir Maurice Eustace be and is hereby vested in the Kings Majestie his Heirs and Successors and shall be held and enjoyed by his Majestie his Heirs and Successors against the said Sir Maurice Eustace and his heirs and all and every other person and persons claiming by from or under him them or any of them any defect in the conveyance or assurance of the premisses any thing in the said former Act or this present Act and any other matter or thing whatsoever to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Commissioners for Execution of this Act shall set out and allot or cause to be set out and allotted unto Major John Neil so much of the undisposed and forfeited lands in the Barony of Barrymore in the County of Corke as may be sufficient to reprize
the new Survey if the same exceed not one tenth part of what is due to the Defendant or Defendants no Retrenchment shall be made Seventhly If the overplus exceed a tenth it shall be lawful to and for such Defendant or Defendants possessed of the overplus to retrench the same where they think fit so as such Retrenchments be contiguous and of unprofitable land together with the profitable but is hereby discharged of all accompts for the Measn profits of the landes so retrenched Eighthly If the information of false admeasurement be against a Souldier or his Heirs or Assigns there the lot of the whole Regiment Troop or Company shall be first surveyed and if the same exceed not one tenth part of what such Regiment Troop or Company ought to have then no survey shall be taken of any individual lot or proportion Ninthly Where the lot of the Regiment Troop or Company shall exceed one tenth part of what they ought to have there the individual parcel to be admeasured if there be cause of Retrenchment may retrench where he thinks fit so as such retrenchment be contiguous Tenthly Whereas some lots for satisfying the Army fall in a good and bad County or Barony such as Kerry and Limerick Dowhallow and Orrery whereas the Souldiers before they came to a particular Dividend of their general lot did mutually consent that when a lot should fall in a bad County or Barony the persons to whom it there fell should have more acres when it fell in a good County they should have less acres or that the acres in the bad County should have a less rate or value set on them And the acres in the good County a greater rate or value should be set on them It is therefore declared that no overplus of acres in the bad County shall be considered as such an overplus as is lyable to retrenchment but with a due respect to such mutual agreements as were made in the general lot of the Regiment Troop Company or Society before the persons concerned in it came to a subdivision Eleaventhly No defendant or defendants whose lotts are not to be found within the books of distribution books of debentures or books of Grocers-Hall shall be liable to any new survey or readmeasurent his evidences being lost Twelfthly and lastly All proceedings in order to a new Survey or readmeasurement which shall not be finished and perfected within nine monthes next after passing this Act shall cease and be void and the defendant to be discharged of all such inquiries for concealments upon such informations And for the further directions of the Commissioners for execution of this Act in their proceedings touching Incumbrances It is â—â—reby declared that where the estate in any messuages Laâ—ds Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is noe other nor greater than for the life of such Claimant onely there and in such case the Commissioners for Execution of this Act shall give the person or persons against whom such decree hath been made or those who claim under them his and their election whether they will accept the reversion in fee of the Lands so incumbred with an estate for life expectant upon the determination of the said estate in lieu of their two third parts for the same or will rather choose to have their full two third parts set out and allotted to them presently out of some other forfeited Lands And the Commissioners shall give them certificates in order to their passing of Letters Patents either of the reversion of the whole or of two third parts in possession according as such election shall be made And where the estate in any Messuages Lands Tenements or Hereditaments recovered by any Irish Claimant by virtue of any decree herein confirmed is such an estate in remainder or reversion as will leave unto the person or persons against whom such decree hath been made an estate for the life of some other person onely The Commissioners for Execution of this Act shall likewise give the person or persons against whom such decree hath been made or those who claim under them his or their Election whether they will choose to continue the possession of the whole Land during the life of such person and accept the estate for life in the whole Land in satisfaction of one of the third parts which would otherwise be due by the rules of this Act and demand no further allotment of any other forfeited Land than what shall be equal in quantity of acres to one third part onely or whether they would rather desire to have their two full third parts to be set out and allotted presently out of some other forfeited Lands and to relinquish the possession of that estate which they hold for life And the Commissioners are to proceed to give certificates in order to Letters Patents according to the consequence and event of such election And be it further Enacted by the Authority aforesaid that the Commissioners for Execution of this Act do forthwith and with all convenient speed set out and allot or cause to be set out and allotted unto the Archbishops and Bishops in the said former Act in that behalfe named respectively and to their and every of their respective Successors for ever such augmentations and allowances and out of such Lands as were formerly held or reputed to be held in fee farm of any Archbishop Bishop Dean Dean and Chapter or other Ecclesiastical person in his or their politick capacitie under the reservation of any cheifry rent or other duty or service and in such way and manner as by the said former Act is directed and appointed Provided alwayes and be it Enacted that where any Mannors Lands or Tenements not lying within the securitie set a part for the satisfaction of the Commissioned Officers who served in Ireland before the fifth of June One thousand six hundred forty nine nor by the said former Act or this present Act otherwise disposed to any particular person or persons have been given and granted to any such Archbishop or Bishop and his and their Successors by virtue of any Letters Patents under the Great Seal of Ireland bearing date since the passing of the said former Act for or towards his and their respective augmentations and allowances that then and in such cases the Commissioners for Execution of this Act shall cause the Lands so granted as aforesaid to be surveyed and valued and if upon the return of such survey it shall appear that the lands so granted as aforesaid do not exceed the value of such Augmentations and allowances as by the said former Act were intended to be settled upon the respective Archbishops and Bishops to whom such Letters Patents were granted then the lands so granted as aforesaid shall be held and enjoyed by the several and respective Archbishops Bishops and their Successors according to the tenor of their respective Letters Patents And that the
Lord Lieutenant or other Chief Governour or Gobernours of Ireland and Council there that the said Sir Edward Fitz Harris hath committed any Massacre Murther or other such like Heynous Crime or cruelty upon the persons of any of his Majesties good Subjects shall prove the same by such witnesses or other evidence as the said Lord Lieutenant or other Chief Governour or Governours and Council there shall think good proof that then and in such case it shall and may be lawfull to and for the said Lord Lieutenant or other Chief Governour or Governours and Council there by order of the Council to declare and adjudge him the said Sir Edward Fitz Harris to be guilty of the Crime or cruelty so alleaged and proved as aforesaid and upon such declaration and judgement the said Sir Edward Fitz Harris and his Heirs shall be and are hereby made incapable of any benefit or advantage in and by this present Act given or of any restitution as aforesaid but shall remain and be to all intents and purposes in the same plight and condition as he or they would have been if the said Sir Edward Fitz Harris had not been named in this present Act Any thing herein before contained to the contrary in any wise notwithstanding And it is further Enacted That all and every the Adventurers Souldiers and Commissioned Officers who served before the fifth of June One thousand six hundred forty and nine their Heirs and Assigns who are to be removed to make way for the restitution of the four and fifty persons herein before named or any of them shall be first satisfied by some other forfeited lands to be set out and allotted to them by the Commissioners for execution of this Act equal in value worth and purchase to the Messuages Lands Tenements and Hereditaments from whence they are to be removed and all and every the Protestant Purchasors in Conaght and Clare shall be first satisfied by an allotment of land equal in value unto the lands from whence they are to be removed And be it further Enacted and declared by the Authority aforesaid That where any person or persons now in the possession of any Messuages Lands Tenements or Herements ought to be reprized for the same and after reprizals first set out to be removed from thence to make way for the restitution of any of the fifty four persons herein before named their Heirs or Assigns or for the restitution of any other person or persons herein before or after mentioned who by the Rules of this Act is made restorable after previous reprizals that there and in such case it shall and may be lawful to and for all and every the person or persons so as aforesaid appointed to be removed to have receive and keep the rents issues and profits of all and singular the Messuages Lands Tenements and Hereditaments whereof they are now in possession to their own use and behoof without any accompt to be therefore made or rendred until the Commissioners for execution of this Act shall have set out and allotted unto the person or persons so as aforesaid appointed to be removed such forfeited lands by way of reprizal as they shall adjudge to be due to them by the rules of this Act And all and every person and persons who after reprizals set out and allotted by the Commissioners shall refuse to accept of such reprizalls and shall detain and keep the possession of the lands from which they ought to be removed shall account for and pay unto the person who ought to be restored all the Rents and profits received from the time of setting out such reprizalls untill the restorable person shall be put into actual possession of the same any thing here in before or after contained to the contrary notwithstanding And be it further Enacted That all and every the Leases which have been made Bonâ Fide of any the lands or Tenements which by virtue of any clause in this Act are to be restored shall be held and enjoyed by the several and respective Tenants during their respective Leases they paying the Rents and services thereupon reserved and performing the covenants and agreements therein contained unto the person or persons to whom the Reversion thereof shall appertain but if such Leases have been made in consideration of a fine paid and by reason thereof a Lesser Rent hath been reserved than otherwise the premisses were worth to be let then the person to be removed shall pay or cause to be paid unto the person to be restored the said fine and shall be satisfied for such fine so paid by such an allotment of so much other forfeited lands as after the rate of eight years purchase may be Equivalent thereunto And it is further declared That no Restitution made unto any of the persons herein before named The Restitution of Francis Lord Bermingham Baron of Atthunry excepted shall any way extend to alter or diminish the right which the Officers who served before the fifth of June One thousand six hundred forty and nine can or may claim by virtue of this or the said former Act to the benefit arising from the Redemption of Mortgages Statutes Staple and Iudgements which do or may incumber the premisses so to be restored Nevertheless the four and fifty persons so as aforesaid to be restored their Heirs and Assignes The Lord Bermingham excepted shall have full power and Authority at any time within the space of two years next after the Royall assent to this Bill given to Redeem all and every the Mortgages Statutes and Iudgements which have been entred into by any forfeiting person or person not decreed innocent and do incumber the premisses so as the moneys thereupon due and owing for such part of the incumbrances as are within the security set a part for the Commissioned Officers who served before the fifth of June One thousand six hundred forty and nine be paid and satisfied unto their use the payment whereof shall be and is hereby declared a sufficient discharge of such incumbrance and no possession is to be delivered of the premisses untill the respective forfeited Incumbrances thereupon lying be paid and satisfied as aforesaid And all and every the Mortgages Statutes and Iudgements which have been entred into to any forfeiting person or person not declared innocent and do incumber the premisses or any part thereof herein before appointed to be restored unto the said Francis Lord Bermingham Baron of Atthunry shall be and are hereby released barred discharged and extinguished And the Commissioners for Execution of this Act are to set out so much other forfeited land as may be sufficient to satisfie the Officers who served before June One thousand six hundred forty nine for the several forfeited Incumbrances within their security and extinguished as aforesaid And to the end that the Protestants who upon or since the Seaventh of May One thousand six hundred fifty nine have been in the actual possession of any