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A25427 The state of His Majesties revenue in Ireland as the same was given in to the Right Honourable the Lords Commissioners of His Majesties treasury in England, by Francis Lord Angier vice-treasurer of Ireland. And also, the humble proposals of the Right Honourable Richard Lord Viscount Ranelagh upon the said state. Together with His Majesties contract thereupon, concerning His whole revenue in Ireland, by letters patents bearing date the 4th of August, 1672. Aungier, Francis, Earl of Longford, d. 1700.; Ranelagh, Richard Jones, Earl of, 1638?-1712. aut 1673 (1673) Wing A3163D; ESTC R214836 187,678 180

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any of them their or any of their deputies or servants free of custom of their apparel only and without demand or challenge of any custom subsidy duty sum or sums of money due for the same and shall also at all and every time and times during the continuance of this present demise Presents to Forreign Princes sent by Vs or any company of Merchants to pass custom free permit and suffer all such goods wares merchandizes or jewels which shall happen to be sent for presents or gifts either from the Kings Majesty his Heirs or Successors or from any Company or Corporation of Merchants within the said Realms of England or Ireland to any foreign King Prince or Potentate every or any of them custom free and without demand of any custom duty sum or sums of money for or by reason of the same And that they the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assigns or any of them their or any of their deputies or servants shall not under colour or by pretence of this present demise and grant The Farmers to suffer no prejudice to be done to the Prizage or Butlerage and the Lord Ormond to enjoy the benefit of his Patent paying the usual duties do or suffer to be done or cause to be done or suffered any act or acts thing or things that may be hurtful or prejudicial to the butlerage or prizage of wines or to the Office of the Kings Majesties Butler of the said Realm of Ireland Provided also and the true intent and meaning of all parties to these presents are that nothing herein contained shall extend or be construed to extend to prejudice any Letters Patents or Grant heretofore made under his Majesties great Seal of England or Ireland or either of them unto the Right Honourable James Duke of Ormond or any his Ancestors of the prize wines which shall become due and payable within his Majesties said Kingdom of Ireland during the said Term of six years but that the said James Duke of Ormond his Heirs and Assigns shall and may fully clearly and absolutely paying only the usual duties accustomed to be paid receive the full benefit of all and every such Letters Patents according to the true purport and meaning of them and every of them any thing in these presents contained to the contrary thereof in any wise notwithstanding And that the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them and every of their deputies and servants shall and will from time to time during the continuance of this Demise or Lease give unto the Company of Merchants in England trading or which shall trade unto the East or West-Indies or into the Countries newly discovered or hereafter to be discovered and to all other Corporations or Companies of Merchants incorporated or authorized by several Charters under the great Seal of England or Ireland either by the Kings Majesty or by his Noble Progenitors and Predecessors and to the singular members of such Companies and others such reasonable days and times for the payment of their and every of their Customs Time to the companies and their members for payment of their customs upon good security Poundage and other duties upon good and sufficient security as shall be between the said Merchant and the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assign and every of them their and every of their deputies and servants agreed upon or in default of such agreement such days and times upon good and sufficient security as are given to the said Companies and Corporations of Merchants according to their Letters Patents and every of them by the Kings Majesty or any of his Progenitors or Predecessors in his or their several Letters Pattents under the great Seal of England or Ireland severally and respectively made unto the said Companies or Corporations of Merchants and every of them for the payment of their customs subsidies poundage duties and sums of money hereby granted and demised which shall be due and payable at any time within the said Term of six years to be accompted as aforesaid for or by reason of any goods wares or merchandizes by them the said Merchants to be transported out of or brought into the said Realm And the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall do for themselves and every of them their and every of their Executors Administrators and Assigns covenant promise and grant to and with our said Soveraign Lord the King his Heirs and Successors by these presents If any goods whereof the custom shall be compounded for within the Term shall be shipt out after the Farmers shal pay those customs to his Majesty over and above the Rent That if any Merchant alien stranger or denizen or natural born subject within the said Realm shall at any time or times during the continuance of this present demise or lease satisfie and pay to them the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknal their Executors Administrators or Assigns or any of them the custom subsidy impost and other duty due for or in respect of the transportation of any goods wares or merchandizes or shall at any time or times during the continuance of this present lease and demise compound and agree with the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their deputies servants and factors or any of them for the custom subsidy impost and other duties of any such goods wares and merchandizes the said goods wares and merchandizes for which such custom subsidy or impost shall be so paid or compounded for as is aforesaid not being shipped or laden into some Ship or other Vessel within the continuance of this present lease and demise to the intent to be from thence transported from the Ports Havens and Creeks aforesaid into the parts beyond the Seas that in every such case upon such proof thereof to be made as the Lord Treasurer Chancellor and Barons of the Exchequer for the time being or any three or more of them whereof the Lord Treasurer of Ireland or Chancellour of the Exchequer for the time being to be one shall allow of the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood
said Annual Quit-rents of such Lands shall or may amount unto any Continuance of such Lands in the hands and possession of his Majesty or any granting thereof in Custodium or other letting or devising of the same to the contrary notwithstanding Saving alwayes to his Majesty such Rents as are or shall be reserved of any such Grant in Custodium or other Lease thereof made or to be made for any less Term than one and twenty years PROVIDED lastly that if the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Buck-nall their Executors Administrators or Assigns shall not within the space of Twelve moneths next ensuing the date hereof cause this present Indenture to be enrolled in his Majesties High Court of Chancery in Ireland and also in the Court of Exchequer in Ireland in the Office of the Treasurers Remembrancer there That then and in such case and for every such default the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them shall forfeit and lose unto His Majesty his Heirs and Successors the sum of One hundred pounds for each moneth after the said year expired wherein the said Indenture shall remain and continue without Enrolment thereof made in manner and form aforesaid IN WITNESS WHEREOF Our said Sovereign Lord the King to one part of this present Indenture remaining in the hands of the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall hath caused his Great Seal of England to be affixed And to the other part thereof remaining in the hands of our said Sovereign Lord the King the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall have interchangably set their Hands and Seals the Day and Year first above written By the King May it please Your most Excellent Majesty YOur Majesty in consideration of 70000 pounds advanced by 10000 pounds per mensem and covenanted to be left in Your Majesties hands for four years at 10 pounds per cent and good security to be given for payment of your Rent when any part of it shall be taken out and in consideration of the Rents reserved Is hereby gratiously pleased to Demise unto John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall Your Revenue in Ireland arising by Hearth-money Licenses to retaile Wine and Strong-waters the new Quit-rents given to Your Majesty by the Acts of Settlement and Explanation the Chief-rents Fee-farme-rents Rents service Rents charge Rents secke Rents reserved upon Leases exceeding one and twenty years Coppyhold and all other ancient Crown-rents except such Quit-rents as have been granted or released by your Majesty since Michaelmas last and except the Rents reserved upon the Farms of the Customs and Excise which are yet in being To have and to hold from Christmass-day last for seven years Rendering yearly 91500 pounds at the four usual Feasts The first payment was to begin at our Lady-day last past And your Majesty is further pleased to Demise unto them your Revenue arising by Customes and imported Excise To have and to hold from Christmass-day next ensuing for six years rendering yearly seventy five thousand pounds But the times of payment thereof are to be monethly according to the rate of 6000 pounds a moneth at two several payments in the moneth by Equal portions The first payment is to begin on the 31 of January next but every 15 of January following during the Terme and also upon the 15 of January after the Terme there must be paid 6000 pounds And your Majesty is further pleased to demise unto them your Revenue arising by Inland Excise and by Licenses to Retaile Ale and Beer To have and to hold for four years and three quarters from the 25 of March 1671 Rendering yearly 53000 pounds for the first four years by four quartely payments and 39750 pounds during the last three quarters with Covenants and Provisoes suitable to the respective Terms which have been seen and examined by the Lords Commissioners of His Majesties Treasury and by some of the Lords of His Majesties Privy Council in England and some of the Lords and others of His Majesties Privy Council in Ireland HENEAGE FINCH THE PATENT FOR THE ABATEMENT CARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all to whom these presents shall come Greeting Recital of the aforesaid Indenture c. Whereas We in and by one Indenture of Demise bearing date the Twelfth Day of July last past before the date hereof made or mentioned to be made between Our-self of the one part and John Forth Alderman and now one of the Sheriffs of the City of London William Bucknall William Dashwood Philip Jemmet John Breedon of the City of London Esquires James Hayes of Lincolns Inne in the County of Middlesex Esquire Dannet Forth George Dashwood of the City of London Esquires William Muschamp and Humphrey Taylor of Dublin in the Kingdom of Ireland Esquires and Ralph Bucknall of the City of London Esquire of the other part for the considerations therein mentioned have demised granted and to Farm lett unto the said John Forth and other the Persons last before mentioned the Duty arising by Hearth-money the Duties arising by Licences to retail Wine and Strong-waters all the New Quit-rents given to Us by the late Acts commonly called The Acts of Settlement and Explanation all Chief Rents and Fee-farm Rents all Rents Service Rents Charge Rents Seck Rents reserved upon Leases Exceeding 21. years at the making hereof Assart Rents Rents due for Purprestures arrented Copyhold Rents and all other certain Rents Annuities and Sums of Money yearly payable to Us within Our said Kingdom of Ireland whether the same be due by the Common Law Statutes Custom or Prescription or by our Ancient Prerogative Right and Inheritance of the Crown or otherwise howsoever Except the Rents payable upon the Farm of the Customs and Imported Excize within our said Kingdom of Ireland still in being and the Rents due and payable upon the Farm of Beer and Ale and other the In-land Excize and of the Moneys payable for Licences to retail Ale and Beer which is still also in being To have and to hold from Christmass-day last for seven years from thence next ensuing under the yearly Rent of Fourscore and Eleven thousand and five hundred pounds of lawfull English Money or lawful Irish Money equivalent thereto at the four usual feasts by equal portions And the first payment thereof
comprehended in this agreement which before 25th December 1675 shall be brought in charge upon Record as amply as His Majesty might if this Indenture were not made AND MOREOVER HIS MAJESTY for Himself his Heirs and Successors doth covenant and grant to and with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon and every of them their and every of their Heirs Executors and Administrators That His Majesty his Heirs and Suceessors or the Lord Lieutenant or Deputy or other Chief Governour or Governours of the said Kingdom of Ireland for the time being shall and will after the five and twentieth day of December One thousand six hundred seventy five and until the five and twentieth day of December One thousand six hundred seventy and seven from time to time sufficiently authorize the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon or such as they shall nominate and appoint as far as the Laws and Statutes of Ireland will permit to demand levy collect recover receive and take or otherwise compound for and discharge all sums of money and the arrearages thereof which after the date of these presents and before the five and twentieth day of December One thousand six hundred seventy and five shall be ascertained and brought into charge upon Record and which if they had been duly collected and levied during the said term should and ought to have been answered and paid unto them the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon in as full and ample manner as His Majesty could or ought to have collected or levied the same if this present Indenture had never been had or made AND LASTLY HIS MAJESTY is hereby graciously pleased to declare and grant This Indenture shall be construed and taken most favourably and beneficially for the said R. V. R. c. and for the better enabling them to execute and perform this undertaking That these His Letters Patents and the Covenants and Agreements on the part of His Majesty herein contained shall be construed adjudged deemed and taken in all and every His Majesties Courts of Record and elsewhere within his said Kingdom of Ireland most favourably and beneficially for the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon their Executors Administrators and Assigns and for the better enabling them to execute and perform the said undertaking In witness whereof to the one part of this Indenture His Majesty to one part of the Indenture hath affixed the Great Seal of England and R. V. R. c. have put their hands and seals to the other part remaining with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon our said Soveraign Lord the Kings Majesty hath caused the Great Seal of England to be affixed and to the other part of this Indenture remaining with our said Soveraign Lord the King the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon have set their hands and Seals the day and year first above-written Annoque Domini 1671. August 1671. Annoque Regni Regis Caroli 2. Vicessimo tertio HIs Majesties Covenants and Agreements with Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon whereby in consideration of their undertaking to defray His Majesties growing Charge in Ireland and to pay the Arrears of the Establishments there and other debts owing by His Majesty and Fourscore thousand pounds more to his Majesty His Majesty is pleased to covenant that all the Arrears of Rent reserved upon the Farm of the Revenue in Ireland and all the growing Rents until the 25th of December 1675 and all his Majesties Treasure and ready money in Ireland due or owing to his Majesty by Imprest or otherwise and all his Majesties Revenue certain and casual shall during the said Term be applied to the uses by them undertaken and that they shall have the Surplus to their own use but all Revenue arising by new Acts of Parliament and hereafter to be passed and the lapsed moneys the 30000 li. payable by the Roman Catholicks the English Arrears and the Profits of doubling Ordnance Lands are excepted The Lord Viscount Ranelagh and the rest covenant with his Majesty to defray his Majesties whole Charge of the Kingdom of Ireland from the 25th of December 1670 unto the 25th of December 1675 not exceeding 171843 li. 5 s. 6 d. in any one year and all Arrears of Pay due to the Military List upon the last of December 1670 not exceeding 139001 li. 11 s. 4 d. and to the Civil List not exceeding 4000 li. and to the Train of Artillery not exceeding 1147 li. and the 70000 li. advanced by the Farmers the moneys lent by Sir William Bucknall not exceeding 11500 li. the Customs of Londonderry not exceeding 4000 li. the money due for Phenix Parke not exceeding 10000 li. to Patrick Archer 6294 li. for Arms and Ammunition sent from hence 6076 li. The moiety of Ten Moneths Arrears not exceeding 20394 li. 19 s. 00 d. To the Earl of Anglesey 2500 li. To the Lord Arlington 6250 li. To the Daughters of Collonel Lane 6000 li. To the Lord Archbishop of Dublin 2500 li. To Francis and Elizabeth Jones 3500 li. To John St. Leger Esquire 400 li. out of the Ballance of Sir George Carletons Accompt and to the Lady Faulkland out of the Prize Goods 3000 li. They are also to save his Majesty harmless from all Defalcations to be demanded by the Farmers and to pay his Majesty 80000 li. for his own use within two years after the 25th of December 1675 and that the Duke of Ormond shall receive 50000 li. and the Earl of Suffolk 30000 li. out of the proper Fonds whereon they are charged and that his Majesty shall have the disposal of 7155 li. due on the ballance of the Earl of Angleseys Account and 19491 li. due on the ballance of Sir George Carterets Account His Majesty doth hereby covenant that the Commission of Enquiry now on foot shall be forthwith superseded That all respits of Quit-rents and other sums due to his Majesty shall be forthwith determined That the Composition with the Commission Officers shall not be obstructed but perfected as begun and intended and the Grantees to have the benefit thereof That his Majesty will forthwith renew his Letters to the Chief Governour and Council of Ireland to re-applot
the deficiency of the years value allowing his Subjects four years time for the payment thereof with several Provisoes Restrictions and Qualifications herein particularly expressed viz. inter alias That his Majesty notwithstanding may pardon Criminal or Capital Offences forfeited Recognizances Fines or Forfeitures upon Penal Laws or Outlawries That his Majesty may appoint Commissioners for Reducements as formerly but the moneys due thereupon to belong to the Grantees That his Majesty may let Leases of any his Royal Mines Messuages Lands Tenements or Hereditaments in Ireland yet undisposed or to which his Majesties Title hereafter may be made appear under such Rents as shall be equal to the Quit-rents payable by Adventurers or else the Old Crown Rents and in case his Majesty dispose of any his Lands to the uses of his Declaration of the 30th of November 1660 to any but such their heirs or assigns who received the profits thereof then the arrears of Quit-rents due thereupon before the 25th of December 1668 not to be charged on the Lands but to be recovered of the former Enjoyers and Pervors of the Profits thereof That the present Farmers of his Majesties Revenue in Ireland may continue their Farms without interruption by the Grantees who are to have no abatement for Defalcations to be allowed the said Farmers for the years ended the 25th of December 1670 and the Defalcations hereafter to be made the said Farmers to be determined onely as by the several agreements relating thereunto is appointed That the Grantees upon payments of First-fruits and twentieth parts by the Clergy shall allow usual installments and be concluded by the returns of the Commissioners for that purpose but if their Commissions shall be found defective his Majesty covenants to give order for the rectifying thereof That his Majesty may renew alter or encrease any annuity temporary payments or entertainments in his Majesties Establishments so as the yearly charge exceed not 171843 li. 5 s. 6 d. and also regulate and appoint the method of payment of his Majesties debts so as such for which Interest is payable be first satisfied That if his Majesty shall not think fit to renew any such annuity or payment the Grantees to pay his Majesty his Heirs and Successors such sum as the same will come to over and above the payments aforesaid All moneys are to be brought into the Treasury and the Lord Ranelagh Sir Alexander Bence Sir James Hayes John Bence and George Dashwood are to be commissionated to have the sole Custody thereof during the continuance of their Undertaking All Warrants for issuing out of moneys are to be directed to them and they covenant with his Majesty to pay the Vice-Treasurer for the time being his usual Fees quarterly or 40 days after The Covenants with the Farmers for installment of arrears of Quit-rents are to continue and the Chief Governour of Ireland and such others whom his Majesty shall appoint are to have power to enstall any other debts or arrears under certain qualifications Nothing which is not now in Charge on Record can be sued for without first satisfying the Chief Governour of Ireland of the grounds of the proceedings A just account is to be given from time to time of all the proceedings in the managing of the Revenue and the directions of the Chief Governour to be observed No Defalcation is to be expected for any pardon or release which may be made to the Earl of Anglesey or Sir James Shaen In case of Plague War Fire or other unavoidable Calamity there is to be defalcation and they are to be enabled to levy what shall appear due upon Record at any time within two years after the term expired and the Patent is to be expounded most beneficial for the Undertakers and to enable them to perform their Contract And these are the Clauses of Assistance and other beneficial Clauses fit and proper Subscribed by Mr. Attorney General by Warrant under his Majesties Sign Manual and Procur ' by Mr. Secretary Trevor LETTERS PATENTS GRANTED BY HIS MAJESTY CONTAINING A Demise of His Revenue OF IRELAND FOR SEVEN YEARS Bearing Date the Twelfth day of July 1669. AS ALSO LETTERS PATENTS Granted by His MAJESTY CONTAINING AN ABATEMENT OF RENT Bearing Date the Third day of August 1669. TOGETHER WITH MARGINAL NOTES and an ALPHABETICAL TABLE Prosperè succedant Regi Vobisque C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT In the SAVOY Printed by Tho. Newcomb 1672. THIS INDENTURE made the Twelfth day of July An. Dom. 1669. and in the One and twentieth year of the Reign of our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. BETWEEN the said Kings Most Excellent Majesty on the one part and John Forth Alderman and now one of the Sheriffs of the City of London William Bucknall William Dashwood Philip Jemmet and John Breedon of the City of London Esquires Iames Hayes of Lincolns-Inn in the County of Middlesex Esq Dannet Forth and George Dashwood of the City of London Esquires William Muschamp and Humphry Taylor of Dublin in the Kingdom of Ireland Esquires and Ralph Bucknall of the City of London Esq on the other part WHEREAS in our Parliament begun and held at Dublin upon the eighth day of May in the thirteenth year of His Majesties Reign and there continued by several Proroguations unto the twenty sixth day of October in the seventeenth year of His Majesties Reign several Acts of Parliament were passed during the several Sessions of the said Parliament for the better ascertaining setling establishing and declaring of His Majesties Revenue in His said Kingdom of Ireland and amongst others one Act was passed Entituled A recital of the Acts touching the Kings Revenue in Ireland from the 8. of May in the 13 to the 6th of Octo. in the 17 year of His Reign An Act for setling the Subsidie of Poundage and granting a Subsidie of Tunnage and other sums of Money unto His Royal Majesty His Heirs and Successors the same to be paid upon Merchandizes imported and exported into or out of the Kingdom of Ireland according to a book of Rates hereunto annexed And also one other Act Entituled An Act for the setling of the Excise or New Impost upon his Majesty his Heires and Successors according to the book of Rates therein inserted And also one other Act Entituled An Act for the Improvement of his Majesties Revenues upon the granting of Licenses for the selling of Ale and Beer And also one other Act Entituled An Act for establishing an additional Revenue upon his Majesty his Heirs and Successors for the better support of his and their Crown and Dignity And also one other Act Entituled An Additional Act for the better ordering and collecting the revenue arising by Hearth-mony And also one other Act Entituled An Act for the better ordering the selling of Wines and Aqua-vitae together with all
Statute Recognizance Process Order Course or Suite of our said Soveraign Lord the King his Heires or Successors as also all and every the foresaid Pains and Penalties which shall so likewise be recovered and which the said John Forth William Bucknall William Dashwood Philip Jemmet Iohn Breedon James Hayes Dannet Forth George Dashwood VVilliam Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns are or ought to have according to the intent of these presents shall immediately after the recovering or levying thereof from time to time be delivered by the said Treasurer Chancellor and Barons of the said Exchequer or some of them to the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assigns or some of them to their and every of their own proper uses and behoofs without any Account or other thing to our said Soveraign Lord the King his Heirs or Successors to be had paid or done of or for the same or any part or parcel thereof other than the said several and respective yearly Rents and Sums of Money and other Things and Duties before in these presents respectively reserved and agreed to be paid to his Highness his Heirs and Successors according to the tenor purport Or else shall be retained by the King in part of the Rent and true meaning of these presents or else shall be retained towards or for or in part of payment of the said Rent and Sums of Money to His Highness his Heirs and Successors reserved or payable by force of these presents which then shall be due if to the said Lord-Treasurer Vice-Treasurer Chancellor and Barons of the Court of Exchequer or the more part of them for the time being it shall be thought meet and convenient for his Majesties service and surety in the premises And also that our said Soveraign Lord the King his Heirs and Successors shall from time to time as occasion shall be make or cause to be made unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors The Farmers are to have such Grants of the Forfeitures recovered as they desire and the Extents thereupon Administrators and Assigns and every or any of them under the Great Seal of England or Ireland or under the Seal of the Court of Exchequer there or otherwise as by the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assignes or any of them their or any of their Councill learned in the Law shall be reasonably devised or required and at their or any of their proper Costs and Charges in the Law such and so many Grants Conveyances and Assurances of and for the said annual Rents Excizes Customes Subsidies Imposts Debts Duties Revenues and Profits Forfeitures Pains Penalties and Sums of Money and of all Lands Tenements and Hereditaments Goods and Chattels extended or seized thereupon or for or by reason thereof which by our said Soveraign Lord the Kings Majesty his Heirs or Successors or by any of them shall be had recovered levyed or paid by vertue of any such Process Order Course or Suits if the said Lord-Treasurer Vice-Treasurer Chancellor and Barons or the more part of them shall not think good so to retain the same And his Majesty doth hereby for him his Heirs and Successors authorize and straitly charge and command as well the Lord Chancellor or Keeper of the Great Seal of Ireland for the time being as the said Treasurer Vice-Treasurer Chancellor and Barons of the said Court of Exchequer for the time being or some of them to perform do and execute or cause to be performed done and executed his Highness said pleasure herein according to the true intent and meaning of these presents And these Presents or the Enrollment Constat or Exemplification of the same shall be from time to time a sufficient warrant to the said Lord Chancellor or Keeper of the Great Seal of Ireland Treasurer Vice-Treasurer Chancellor and Barons of the said Court of Exchequer for the time being and to all other Officers and Ministers whatsoever of our said Soveraign Lord the King his Heirs and Successors for the time being to whom it shall appertain for the making forth Process suing for recovering and levying of the said Annual Rents Excizes Customes Subsidies Imposts Debts Duties Revenues Profits and Sums of Monyes and every of them and of all the said Forfeitures Pains and Penalties and for the Payment and delivery over to the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assigns or to any of them the said annual Rents Excizes Imposts Customes Subsidies Debts Duties Revenues Profits Forfeitures Pains Penalties and Sums of Money and other things whatsoever which by vertue of such Process Order Course or Suits as is aforesaid shall be levyed or paid and for to accept the same so recovered as in part of payment of the Rent and Sums of Money above reserved or payable according to the tenor of these presents then next due to be paid in case it shall be thought meet to retain the same as aforesaid and also for the making of such Grants and Assurances of the said annual Rents Excize Customes Subsidies Impositions Debts Duties Revenues Profits Forfeitures Pains Penalties and Sums of Money and other things that shall be so recovered levyed or paid as is aforesaid under the Great Seal of Ireland and under the Seal of the said Court of Exchequer or either of them or otherwise as by the said John Forth William Bucknall William Dashwood Philip Iemmet John Breedon Iames Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assigns or any of them or by their or any of their Counsel learned in the Law shall be reasonably according to the true intent and meaning of these presents devized and required without any other Warrant or Declaration of the pleasure of his Highness his Heirs or Successors to be obtained or had in that behalf And that they the said John Forth William Bucknall VVilliam Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them shall and may from time time during the said several and respective termes of years to be accounted as aforesaid The Farmers power to take Bonds in the Kings name take Bonds Obligatory in the name of the Kings Majesty his Heirs or Successors or in the names of the said John Forth William Bucknall
duly and wholly applied to the necessary charges of the year commencing from the last of December 1670 Page 4. V. R. c. shall have no defalcations for moneys which from the 25th of December 1670 to the 4th of August 1671 have been applied to the uses only before undertaken Page 5. Such Commissions shall be issued under the Great Seal of England or Ireland and directed to V. R. c. or such others as they shall desire Authorizing them as His Majesties Officers to manage receive compound for and discharge his whole Revenue not pardoned or granted away before the 25th of December 1670 as well in arrear on or before that day and yet unpaid as which shall any way grow due before the 26th of December 1675 including the Payments which shall be due for the time incurred before the said day though payable after Page 5. The said Powers to such Commissioners shall not inable them to interrupt the Farmers of the great Branches in managing the Revenue under their charge nor to receive any money which shall be due to His Majesty by any further Act of Parliament Page 6. Neither the lapsed Money Lands in lieu thereof or the 30000 li. payable for the same nor the English arrears or Lands set out for the same nor the Mean Profits due for Lands set out on the Dublin Ordinances and already disposed of by the Act of Explanation shall be comprehended in these Agreements Page 6. The said Commissioners shall receive and enjoy all the said Arrears and growing Revenue which is or shall be in charge or discovered and other the Premises subject to the Limitations and Restrictions herein and no other Page 6. The Chief Covenants in this Indenture from R. V. Ranelagh and his Partners to His Majesty and the considerations thereof Page 7. V. R. c. shall within 14. dayes after Warrants signed and directed to them defray so much of His Majesties expence of Ireland which from the last of December 1670 to the 4th of August 1671 ought according to the Establishment to have been born by His Majesty if this Indenture had not been made Page 7. V. R. c. shall from the 4th of August 1671 to the 26th of December 1675 defray all the expence of Ireland according to the Establishments as otherwise which by His Majesty ought to have been born if this Indenture had not been made and cause the same to be paid by equal proportions within 40. days after the end of every Quarter as the same shall respectively grow due Page 7. The Moneys to be paid for such Expences are not in any one year to exceed 171843 li. 5 s. 6 d. out of which the Fees and Cheques are to be deducted And there are to be due and legal Warrants signed for the issuing thereof Page 7. If after the 25th of December 1670 and before the 26th of Decemb. 1675 any Cheques of pay made by reason of absence want or unserviceableness of Horse or Arms or neglect of duty the Chief Governour may lessen or remit any such Cheques so the same be done within three moneths after the Muster Rolls shall be closed and before any Warrants of Pay be issued upon such Muster Rolls duplicates whereof are to be returned to V. R. c. Page 8. V. R. c. shall within four years after 25th December 1671 discharge the Arrears which on the 25th of December 1670 were unpaid according to the Establishment to any in the Military and Civil Lists and to the Train of Artillery Page 8. And shall cause due payment to be made of the said Arrears within the said time by even and equal portions without composition or deduction the fees and cheques excepted the first payment whereof shall begin and be made the 24th December 1672 Page 9. His Majesty shall be discharged from all such Arrear so as the same deducting the fees and cheques exceed not for the Military List 139001 li. 11 s. 4 d. for the Civil List 4000 li. and for the Train of Artillery 1147 li. Page 9. V. R. c. shall before 25th December 1675 discharge without any Abatement except the Fees so much of these sums as on the 4th of August 1671 shall be unpaid unto these persons and uses   li. s. d. The Present Farmers 70000     Sir William Bucknall 11000     Londonderry Customs 4000     Phoenix Parke 10000     Patrick Archer 6294     Arms and Ammunition 6076     Moiety of the Ten Months Arrears 20394 19   Earl Anglesey 2500     Colonel Lane's Daughters 6000     Earl Arlington 6250     Michael Archbishop of Dublin 2500     Fran. and Eliz. Jones 3500     John St. Leger 400     Rachel Vicountess Falkland 3000     Page 9. Whereas the late Farmers of the Customs Excise imported and Inland and Licences of Ale Beer Wine c. demand defalcations by reason of the war with the United Provinces during two years and three quarters of their respective Farms V. R. c. shall either come to an agreement with them for the same or cause their demands in respect thereof to be examined and setled and take upon themselves the whole loss of the defalcations which upon such agreement or examination shall be allowed and discharge His Majesty from the same Page 11. V. R. c. shall over and above the said sums payments and discharges within two years to commence from the 25th of December 1675 pay unto His Majesty 80000 li. by four equal Portions half yearly Page 11. Further Covenants from His Majesty That V. R. c. performing their Covenants shall enjoy the whole surplus of the Revenue to their own use without any further or other account matter or thing to be given to His Majesty and are hereby acquitted and discharged against His Majesty of all accounts and demands which can or may be made concerning the same Page 12. The Commission for Enquiry into Arrears due to His Majesty is superseded Page 13. All respits of Quit-rents and other sums of money due to His Majesty are declared void and determined Page 13. The Composition with the 49. Officers for the moiety of their 100000 li. payable out of the years value shall not be obstructed or delayed but perfected as begun and intended and the whole benefit and advantage thereby to His Majesty shall be enjoyed by the said V. R. c. Page 13. His Majesty will direct the Chief Governour and Council in Ireland to reapplot and levy upon the Lands of Ireland whatsoever the years value shall be found deficient of the 300000 li. and cause the same to be effectually done as by the Act of Explanation is appointed allowing four years time for the payment thereof half yearly at Michaelmass and Easter the last payment to be made at or before the 29th of September 1675 Page 13 14. Provisoes Limitations and Restrictions Page 14. Nothing herein is to restrain His
same to the Vses of this Indenture Page 22. R. V. R. Sir A. B. Sir J. H. J. B. and G. D. will during the Vndertaking quarterly or within 40 dayes after each Quarter pay unto the Vice-Treasurer the usual Fees and Profits for any money paid out as the Vice-Treasurer ought to receive if such Warrants had been directed to himself Page 22. Further Covenants from R. V. R. c. Page 23. All those from whom any Arrears of Quit-rents are due shall have the benefit of a Clause in the Grant to the Farmers of the great Branches concerning the levying thereof and no prosecution shall be made for recovering thereof otherwise than His Majesty might do if this Indenture had not been made Page 23. No Arrears of Quit-rents before the 25th December 1668 shall be demanded for unprofitable Lands Page 23. His Majesty may authorize the Chief Governour and others to install any other debts or arrears due before 25th December 1670 so the same be not above eight half yearly payments the first to be made the 25th of December 1671 and none to extend beyond the 24th of June 1675 and so the same be not sufficiently secured Page 23 24. The Power of Enstallments not to extend to Farmers or Receivers of the Revenue to small sums to such who deny or dispute the debt or refuse without suit to give security for payment by Enstallments Page 24. No suit at Law shall be made for any debt which is not of Record or already charged unless the Chief Governour be first satisfied that there are probable grounds and that His Majesty is justly intitled and might have sued for the same if this Indenture had not been made Page 24. The Chief Governour to issue Proclamations for Accomptants within a limited time to come in and clear Accounts and declaring to other debtors the favorable Enstallments intended them and requiring them to take effectual course to state and secure their respective debts Page 25. R. V. R. c. shall give unto the Chief Governour and such others as His Majesty shall appoint an account of their proceedings in the management of the premisses and will observe their directions for the better and more easie execution of the Powers and accomplishing the ends of this Indenture Page 25. Further Covenants and Powers from His Majesty Page 25. The general Clause concerning Defalcations in case of War Plague c. Page 25. Full power given to R. V. R. c. in their own or His Majesties name to sue for recover and take execution for all Debts and Arrears in any of His Majesties Courts as His Majesty by Law Prerogative or otherwise might do if this Indenture were not made and to apply the same to the uses undertaken and to detain the surplus to their own use without any account to be therefore rendred to His Majesty in any wise Page 27. Power to R. V. R. c. their Deputies Agents and Servants to view search examine and take Copies of all Records Books Papers or other Memorials concerning the Premisses without charge or paying of any Fee for the same Page 27. R. V. R. c. to be freed from all publick employments which would hinder their attendance on this service Page 28. R. V. R. c. may at their own cost and charges have Constats Exemplifications and Duplicates of this Indenture without any further Order or Direction Page 28. His Majesty commands all his Officers and Ministers to be aiding and assisting to the said R. V. R. c. in as ample manner as they ought to do unto His Majesty if this Indenture had not been made Page 28. His Majesty commands the Judges of the Exchequer to award Writs and to cause Process to be executed concerning the premisses Page 29. His Majesty will give R. V. R. c. such further Covenants and Grants as shall be reasonably advised for the full and quiet having and enjoying and such other Powers and Authorities for levying and collecting the premisses and such aid and assistance from His Majesty his Privy Council Exchequer Courts of Justice and all other his Officers and Ministers as any Commissioners Receivers Collectors Farmers and other Ministers of His Majesties Revenue in England or Ireland ever had or ought to have and as in this case shall be thought fit and reasonable Page 30. This Indenture to be inrolled in Ireland within six months Page 30. His Majesty or Chief Governour will after 25th December 1675 until 25th December 1677 authorize R. V. R. c. to levy receive compound or discharge all moneys and arrears comprehended in this agreement which before 25th December 1675 shall be brought in charge upon Record as amply as His Majesty might if this Indenture were not made Page 30 31. This Indenture shall be construed and taken most favourably and beneficially for the said R. V. R. c. and for the better enabling them to execute and perform this Vndertaking Page 31. His Majesty to one part of the Indenture hath affixed the Great Seal of England and R. V. R. c. have put their Hands and Seals to the other part Page 31. 1. THIS INDENTVRE made the fourth day of August in the Three and twentieth year of the Reign of Our most Gracious Sovereign Lord CHARLES the Second The Preamble of this Indenture dated the 4th of August 1671. by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Annoque Domini One Thousand six hundred seventy one Between the said Kings most Excellent Majesty on the one part Parties to the Indenture and Richard Lord Viscount Ranelagh in the Kingdom of Ireland Sir Alexander Bence Knight Sir James Hayes Knight John Bence of London Esquire George Dashwood Esquire Joseph Dean Esquire Robert Huntingdon Esquire John Stepney Esquire and Richard Kingdon Esquire one other part Recital of a former Indenture or Grant 12 July 1669. to John Forth and ten others of the great Branches of the Revenue in Ireland for seven years from 25th December 1675. at 206250 li. for the year ending the 25th December 1671. and 219500 li. per annum the remaining four years WHEREAS the great Branches of His Majesties Revenue in Ireland that is to say the Customs and Subsidies of Tonnage and Poundage the Duties of Excise for Goods Imported commonly called the Foreign Excise the Duties of Excise arising from Beer Ale Strong-waters and other Excisable Liquors commonly called the Inland Excise the Duties arising by Hearthmony the Duties arising by Licences to Retail Wines and Strong-waters and by Licences for Selling Ale and Beer by Retail as also all the new Quit-rent given to His Majesty by the late Acts of Settlement and Explanation all Chief-rents and Feefarm-rents all Rents Service-rents Charge-rents Seck-rents reserved upon Leases for one and twenty years or more Assart-rents due for Purprestures arented Copyhold-rents and all other certain and ancient Crown-rents yearly payable to His Majesty
within the said Realm of Ireland under several Reservations Limitations and Conditions therein mentioned are now in farm by vertue of a certain Indenture thereof made by His Majesty unto John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall under his Great Seal of England and bearing date the twelfth day of July in the one and twentieth year of His Mjesties Reign for the terms thereby granted which is not to expire until the Feast of the Nativity of our Lord which shall be in the year of our Lord One thousand six hundred and seventy five by which said Indenture of Lease there is reserved to His Majesty Two hundred six thousand two hundred and fifty pounds for the year ending the five and twentieth day of December One thousand six hundred seventy one and the yearly rent of Two hundred and nineteen thousand and five hundred pounds from thence to the end of the said term which ends the five and twentieth day of December One Thousand six hundred seventy five as by the said Indenture relation being thereunto had more at large appears Recital of the Patent of Abatements 3 August 1669. to John Forth and eight others whereby the Rent reserved for the year ending 25th Decemb. 1671 will be reduced to 191476 li. 10 s. and to 204500 li. per annum the remaining four years AND whereas His Majesty by his Letters Patents bearing date the third day of August in the one and twentieth year of his Reign reciting the said former Indenture of Demise and the several Rents therein reserved did for the considerations therein expressed Give and Grant unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breeden James Hayes Dannett Forth George Dashwood and Ralph Bucknall their Executors and Assigns these Sums following that is to say out of the Rent payable between the five and twentieth day of December in the year of our Lord One thousand six hundred sixty eight and the five and twentieth day of December in the year of our Lord One thousand six hundred sixty nine the sum of Six thousand two hundred fifty two pounds and out of the rent payable between the five and twentieth day of December in the year of our Lord One thousand six hundred sixty nine and the five and twentieth day of December in the year of our Lord One thousand six hundred and seventy the sum of Eleven thousand three hundred seventy eight pounds And out of the rent due between the five and twentieth day of December in the year of our Lord One thousand six hundred and seventy and the five and twentieth day of December in the year of our Lord One thousand six hundred seventy one the sum of Fourteen thousand seven hundred seventy three pounds and ten shillings And out of the rent due betweeen the five and twentieth day of December in the year of our Lord One thousand six hundred seventy one and the five and twentieth day of December in the year of our Lord One thousand six hundred seventy five for every year during the said four last mentioned years the yearly sum of Fifteen thousand pounds By reason of which last mentioned Grant the rent expressed to be reserved to His Majesty by the said former Indenture of Demise will in effect be reduced to One hundred ninety one thousand four hundred seventy six pounds and ten shillings for the year ending the five and twentieth day of December in the year of our Lord One thousand six hundred seventy one and for the four years thence next ensuing the rent payable by the said Farmers is in effect reduced to the yearly sum of Two hundred and four thousand and five hundrd pounds as in and by the said last recited Indenture relation being thereunto had more at large appears AND whereas His Majesty having taken into his Princely consideration the state of his Revenue in Ireland His Majesty taking into consideration the state of his Revenue and the charge of his Government in Ireland admits and accepts of Proposals from Richard Viscount Ranelagh for himself and others for the receiving and issuing his whole Revenue from the 25th of December 1670 to the 26th of December 1675. and the charge of his Government there in the Payment of the Civil and Military Lists according to the several Establishments together with the great debts now owing by His Majesty in that Kingdom as well for the arrears upon the several establishments as otherwise was pleased to admit of such Proposals to be made to him as might tend to the advancement and furtherance of his service there Whereupon the said Richard Lord Viscount Ranelagh on behalf of himself and of Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon did humbly propose to His Majesty that they might be admitted to receive all His Majesties certain and casual Revenue in Ireland Ordinary and Extraordinary whatsoever as well in arrear as what shall any way grow due to His Majesty his Heirs and Successors until the six and twentieth day of December which shall be in the year of our Lord God One thousand six hundred seventy five including the last rents due for any part of the said Revenue for the time then incurred though not payable till afterward and that in consideration thereof they would undertake to defray all His Majesties growing charge of his said Kingdom of Ireland and moreover would pay all the arrears of the Establishment there and certain other debts owing by His Majesty in that Kingdom hereby agreed to be by them paid and discharged * 2. And also would pay unto His Majesty for his own use over and besides the Undertaking aforesaid the full sum of Fourscore thousand pounds in such manner and form and with such Limitations and Restrictions as are herein after more particularly expressed and declared All which His Majesty hath thought fit to accept and doth by these Presents declare his gracious acceptance thereof and agreement thereunto to the end therefore that the said Proposal and Agreements may attain their full and due effect Now this Indenture witnesseth The Body of this Indenture The chief Covenants in the present Indenture from His Majesty to the Viscount Ranelagh and his Partners and the consideration thereof That it is covenanted and agreed by and between the parties to these Presents AND FIRST His Majesty in consideration of the Covenants and Agreements Provisoes and Exceptions herein after mentioned and on the part of the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon to be done and performed And to the end the same may be the better performed and brought to their due effect and for several other good causes and considerations His Majesty thereunto
especially moving of his especial grace certain knowledge and meer motion is graciously pleased to covenant and agree and by these presents for Himself his Heirs and Successors doth covenant grant and agree to and with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon and every of them their and every of their Heires Executors and Administrators in manner following that is to say That from and after the date of these presents From the 4th of August 71 to the 26th of December 75 all His Majesties Rents and Arrears of the great Branches of the Revenue His Majesties Treasure and ready Money which are or shall be in the Treasury or due by Imprest or otherwise and all other His Majesties Revenue during the said time shall be issued out and applyed only to the uses undertaken by R. V. Ranelagh and his Partners except what shall be requisite to defray the charges of this Vndertaking and during and untill the six and twentieth day of December which shall be in the year of our Lord One Thousand six Hundred and Seventy five all and every the arrears of Rent reserved upon the present Farmes or Demises of the great Branches of His Majesties Revenue in Ireland or any of them and all and every the growing Rents which upon or before the said Five and twentieth day of December in the year of our Lord One Thousand six Hundred Seventy five shall or may grow due or payable including the last Rents and Payments for the said Revenue which shall incurr and grow due during the said Terme though not payable till after the end of the said Terme And all and every the Rents and Sums of Money which by vertue of the said present Farmes or Demises His Majesty His Heires or Successors is or at any time hereafter can or may be entituled unto And also all His Majesties Treasure and ready Money which upon the day of the date of these presents is or at any time after the date of these Presents and during the terme aforesaid shall be found in His Majesties Treasury in Ireland or shall be any wayes due and owing to His Majesty in that Kingdome by Imprest or otherwise And all other His Majesties Revenue in Ireland Certain and Casual Ordinary and Extraordinary shall from time to time during the terme aforesaid be Issued out and applyed to such Uses Intents and Purposes and in such order and manner and at such times only as the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon Have herein after Covenanted Agreed and Undertaken to see done executed and performed and to no other uses intents or purposes whatsoever except what shall be fit and requisite to defray the necessary Charges and Expences of this Present Undertaking The Monyes which are or shall be received by his Majesties Vice-Treasurer or paid to any within the Establishment shall be accepted as so much of the growing charge of the year commencing from the last of December 70 AND If any Sum or Sums of Money have been or shall be received by His Majesties Vice-Treasurer of Ireland on or since the Five and twentieth day of December last past before the date hereof or have been or shall be on or after the said Five and Twentieth day of December issued and paid out to any person or persons comprehended within the Martial or Civil Lists according to the severall and respective Establishments all Payments so made or to be made and all Moneys so received and issued out shall be deemed and taken and so are hereby declared to be accepted as Moneys issued out for the discharging and answering so much of the growing charge of this present year R. V. R. c. shall not be obliged to defray more of the first years charge then would remain to be answered if the Moneys received and paid by His Majesties Vice-Treasurer since the 25th of December 70 had been duely and wholly applyed to the necessary charges of the year commencing from the last of December 70 commencing upon the last day of December last past And the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon shall not be obliged to answer and defray any more of the charge of this present year commencing as aforesaid then what will remaine to be answered and defrayed if the Moneys received and paid by His Majesties Vice-Treasurer since the Five and twentieth day of December last past had been duely and wholly applyed to the necessary charges of this present year commencing as aforesaid nor shall they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood V. R. c. Shall have no defalcations for Monies which from the 25th of December 70 to the 4th of August 71 have been applyed to the uses only before undertaken Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon or any of them or any Person or Persons claiming by from or under them or any of them aske demand or have any Defalcation or abatement of the Summs agreed to be paid by these Presents for or in respect of any Summes of Money which since the five and twentieth day of December now last past and before the date of these presents have been applyed to such uses intents and purposes only as are herein before undertaken to be performed And His Majesty for Himself His Heires and Successors doth further Covenant Grant and Agree to and with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon and every of them their and every of their Heires Executors and Administrators by these Presents that there shall be from time to time such and so many Commissions issued out under His Majesties Great Seal of England or Ireland Such Commissions shall be issued under the great Seale of England or Ireland and directed to V.R. c. or such others as they shall desire Authorizing them as his Majesties Officers to mannage receive compound for and discharge his whole Revenue not pardoned or granted away before the 25th of December 70 as well in arreare on or before that day and yet unpaid as which shall any way grow due before the 26th of December 75 including the payments which shall be due for the time incurred before the said day though payable after and directed to them the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or the Survivors or Survivor of them or the Executors or Administrators of the Survivor of them or such other able
from receiving the benefit of their respective Farms during two years and three quarters of their several Leases by reason of the late war with the States of the Vnited Provinces which continued during all that time and do therefore demand several abatements and defalcations of rent in respect thereof NOW the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon have covenanted and granted and by these presents for themselves their Heirs Executors and Administrators and every of them do further covenant and grant to and with His Majesty his Heirs and Successors that they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or the Survivors or Survivor of them shall and will forthwith either come to an agreement with the said late Farmers touching the premisses or cause all and every the demand of the said late Farmers touching or concerning the defalcations as aforesaid to be examined answered adjusted and setled And shall and will take upon him or themselves the whole loss and damage of such defalcations which upon such agreement or examination shall be thought fit to be allowed and thereof and of every part and parcel thereof and of all claims and demands for or concerning the same shall and will from time to time and at all times hereafter for ever acquit exonerate and discharge or otherwise save harmless and indempnifie His Majesty his Heirs and Successors and every of them AND MOREOVER the said Richard Lord Viscount Ranelagh V. R. c. shall over and above the said sums payments and discharges within two years to commence from the 25th of Decemb. 1675 pay unto His Majesty 80000 li. by four equal portions half yearly Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon and every of them have covenanted granted and agreed and by these presents for themselves and every of them their and every of their Heirs Executors and Administrators for the causes and considerations aforesaid do covenant grant and agree to and with our said Soveraign Lord the King his Heirs and Successors and every of them that they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or the Survivors or Survivor of them or the Heirs Executors or Administrators of the Survivor of them over and above all and every the debts duties and sums of money herein before covenanted to be paid and over and above all and every the payment and discharges herein before covenanted to be made shall and will also within the space of two years to commence from the five and twentieth day of December which shall be in the year of our Lord One thousand six hundred seventy five satisfie and pay or cause to be satisfied and paid unto our said Soveraign Lord the King his Heirs or Successors at his or their Receipt of Exchequer at Dublin the full sum of Fourscore thousand pound by four equal portions half yearly that is to say at or before the four and twentieth day of Iune in the year of our Lord One thousand six hundred seventy six the full sum of Twenty thousand pounds And at or before the five and twentieth day of December in the year of our Lord One thousand six hundred seventy six the further sum of Twenty thousand pounds more And at or before the four and twentieth day of Iune in the year of our Lord One thousand six hundred seventy seven the further sum of Twenty thousand pounds more And at or before the five and twentieth day of December in the year of our Lord One thousand six hundred seventy seven the further sum of Twenty thousand pounds more in full of the whole Fourscore thousand pounds so covenanted and agreed to be paid as aforesaid Further Covenants from His Majesty That V. R. c. performing their Covenants shall enjoy the whole surplus of the Revenue to their own use without any further or other account matter or thing to be given to His Majesty and are hereby acquitted and discharged against His Majesty of all accounts and demands which can or may be made concerning the same AND they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or the Survivors or Survivor of them or the Executors or Administrators of the Survivor of them well and truly performing fulfilling doing and executing all and singular the Covenants and Agreements in these presents contained which on the part and behalf of them the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or the Survivors or Survivor of them or the Executors or Administrators of the Survivor of them * 5. ought to be done performed fulfilled and executed shall and may have hold receive retain keep and enjoy the whole surplus and residue of all or any the said Revenues Profits sums of money and other the premisses so as aforesaid to be collected and received to their own sole and proper use and behoof without any further or other account matter or thing to His Majesty his Heirs or Successors to be therefore rendred or given but shall be and hereby are fully and clearly and absolutely acquitted exonerated and discharged against His Majesty his Heirs and Successors of and from and concerning all accounts or other demands whatsoever which can or may be made touching or concerning the same AND His Majesty for Himself his Heirs and Successors doth further covenant grant and agree to and with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon The Commission for Enquiry into arrears due to His Majesty is superseded THAT WHEREAS a Commission under His Majesties Great Seal of England hath lately issued and is still depending impowering certain Commissioners therein named to proceed in the enquiry into all arrears now due and owing to His Majesty that all further Proceedings upon the said Commission shall be stayed and the Commission it self shall be and is hereby declared to be superseded AND His Majesty for Himself his Heirs and Successors All respits of Quit rents and other sums of money due to His Majesty are declared void and determined doth further covenant with the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon that whereas divers Quit-rents and other sums of money due and payable to His Majesty have by Order of
year of His Majesties Reign herein before recited and all other Farmers by vertue of any Grant under the Great Seal of England or Ireland before the five and twentieth day of December in the year of our Lord One thousand six hundred and seventy shall and may under the Articles Covenants Conditions and Provisoes mentioned in their several Grants peaceably and quietly have hold and enjoy their several and respective Grants and Farms according to the tenor and purport thereof and the full benefit of all sums of money therein granted and demised without any lett or interruption of them the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon John Stepney and Richard Kingdon or any of them or of any other person or persons claiming by from or under them And further V. R. c. shall not demand defalcations for any sums which are or shall be allowed to such Farmers for the two years ending 25th Decemb. 1670 or for or in respect of any other matters or things setled and determined before that time in pursuance of and according to such Grants or for any pretensions of the said Farmers upon the 9th of June 1671 depending in the Exchequer at Dublin for defalcations for Lands in Certificate and not past in Letters Patents or for the Composition Rents which way soever the same shall be determined The defalcations which may hereafter be pretended unto by the said Farmers shall be onely determined in such way as by their several Agreements is appointed that neither they the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon nor any of them nor any other person or persons claiming or to claim by from or under them or any of them shall or will at any time or times hereafter ask demand receive or have any Abatement or Defalcations for or in respect of any sum or sums of money which are or shall be allowed or given to such Farmers by vertue or colour of such Leases or Grants for or in respect of the two years ending the five and twentieth day of December One thousand six hundred and seventy or for or in respect of any other matters or things settled and determined before the said time in pursuance of and according to such Grants respectively or for or in respect of any pretensions of the said Farmers upon the ninth day of June One thousand six hundred seventy one depending in the Court of Exchequer at Dublin for Defalcations for Lands in Certificate not passed in Letters Patents or for the Composition Rents which way soever the same is or shall be determined And moreover all and every the Defalcations which may hereafter be pretended unto by the said Farmers or any of them shall be solely and onely determined in such way and manner as by the several agreements relating thereunto was and is appointed any thing in these presents before or after contained to the contrary in any wise notwithstanding V. R. c. shall allow the usual Enstallments for payment of First-fruits or Twentieth parts And will be concluded by the values made or to be made by the Commissioners now or hereafter to be appointed under the great Seal And His Majesty in case any defect of the Commissions will give order for renewing and rectifying the same and for proceeding thereupon in as ample manner as His Majesty might have done if this Indenture were not made AND the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon for themselves and every of them their and every of their Heirs Executors and Administrators do further covenant and agree to and with His Majesty his Heirs and Successors by these presents that they and every of them and all others claiming by from or under them shall and will in all Cases where any payments are or shall be due from any Spiritual or Ecclesiastical Persons in Ireland for or in respect of any First-fruits or Twentieth parts permit and allow all and every such persons to have receive and enjoy the full use and benefits of such Enstallments for the payment thereof as by Law or the usual Course and Practice in such Cases is or hath been allowed they doing and performing on their parts what in like Cases hath been accustomed And also shall and will accept of and be contented with and concluded by such values of the First-fruits and Twentieth Parts due from and payable by the said Spiritual and Ecclesiastical Persons as shall appear upon the returns thereof made or to be made by such Commissioners who now are or hereafter shall be in that behalf authorized and appointed under His Majesties Great Seal of Ireland NEVERTHELESS if any defect is or shall be found in the Commissions which now are or hereafter shall be issued out His Majesty is pleased to covenant and agree by these presents That upon humble Petition to him made by the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon or such as do or shall claim by from or under them or any of them effectual Order shall be forthwith given for the rectifying and renuing of such Commissions and for the proceeding thereupon in as full and ample manner as His Majesty could or might lawfully have done if this present Indenture had not been made Further Provisoes Limitations and Restrictions His Majesty may alter the payments in the Civil and Military Lists of the Establishments so as the whole yearly charge do not in any one year exceed 171843 li. 5 s. 6 d. and may appoint the method and precedency of the payment of His Majesties debts so as those for which interest is payable be first satisfied PROVIDED ALSO and it is further concluded and agreed and so is hereby declared that it shall and may be lawful to and for His Majesty his Heirs and Successors from time to time and at all times hereafter to alter reduce change or encrease any of the Wages Sallaries Pensions Payments or other Entertainments whatsoever mentioned in the several and respective Establishments of the Civil and Military Lists so as the whole yearly charge thereby made do not in any one year exceed the sum of One hundred seventy one thousand eight hundred forty three pounds five shillings and six pence and also where any Annuity Pension or Temporary Payment now comprehended in either of the said Lists shall cease or determine to renue the same and make it payable to such other person or persons and for such further time as His Majesty his Heirs or Successors shall think fit and also to regulate settle and appoint the Method Order and Precedency of the payment of all or any of
every of their Executors and Administrators shall and may at their proper cost and charges have as many Constats Exemplifications and Duplicates of these Presents or of any Covenant Article or Sentence therein contained and of every and such Part and Parcel of the same and when and as often as to them or any of them shall seem meet And these Presents or the Enrollment of the same shall be to the Lord Chancellor or Keeper of the Great Seal of Ireland for the time being * 10 As also to the Lord Treasurer Chancellor and Barons of the Exchequer and to all and every Officer and Minister in England or Ireland to whom it shall or may appertain a sufficient Warrant and Authority for allowing granting and passing the same and that without any further or other Grant or Warrant from His Majesty His Heires or Successors to be had procured or obtained in that behalfe AND OUR SAID SOVERAIGNE LORD the Kings Majejesty His Majesty commands all His Officers and Ministers to be aiding and assisting to the said R. V.R. c. in as ample manner as they ought to doe unto His Majesty if this Indenture had not been made doth by these Presents for Him His Heires and Successors straightly Charge and Command all and every Justices of the Peace Mayors Sheriffs Bayliffs Constables and Head-borroughs and other Officers of and within every City Borrough Town within the Realm of Ireland and all other His Majesties Officers and Ministers whatsoever whether Civil or Military that they and every of them be from time to time aiding and assisting unto the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir James Hayes John Bence George Dashwood Joseph Deane Robert Huntingdon John Stepney and Richard Kingdon and every of them their and every of their Executors Administrators Deputies Factors and servants in the due Execution of all and every the afore-mentioned Premises according to the true intent and meaning of these Presents whether it be in and about the levying or recovering any of the Rents Revenues Debts or sums of Money herein before-mentioned or the arreares thereof by distress seizures entries and due proceedings thereupon or otherwise in the due recovering thereof or any part thereof in as large ample beneficial and diligent wise order and manner whatsoever as they and every of them should or ought to have been recovered to our said Soveraign Lord the King His Heires or Successors by any manner of meanes if this present Indenture had never been had nor made upon pain of His Majesties indignation and displeasure and of such further paines penalties and imprisonments as by the Lawes and Statutes of the said Realm can or may be inflicted upon them for their negligence and contempt in that behalfe AND His Majsties will and pleasure is His Majesty commands the Judges of the Exchequer to award Writs and to cause Process to be executed concerning the premisses That the Lord Treasurer of Ireland Chancellor and Barons of the Exchequer there for the time being or any three or more of them whereof the Lord Treasurer Chancellor or Chief Baron of the Exchequer for the time being to be one shall have by force of these presents full Power and Authority to make forth and award Writs under the Seal of the said Court of Exchequer for that purpose according to the Order and Course of the said Court and the Contemners of the said Writs to punish in such sort as by the course of the said Court hath been accustomed AND in an especial manner His Majesties will and pleasure is That the Lord Treasurer Vice-Treasurer Chancellour and Barons of his Exchequer there or any three of them whereof the said Treasurer Vice-Treasurer Chancellour or Chief Baron to be one do strictly require and enjoyn all and every the Sheriffs Bailiffs Constables and other Officers who are or shall be authorized employed or directed to levy any the said Rents Revenues Debts Sums of Money or Arrears or any of them or otherwise to execute any Process concerning the same that they do in their several places from time to time with diligence and faithfulness do and perform the same without partiality and delay and after execution or receipts otherwise thereof either make speedy returns of such speedy payment thereof as they ought and as shall be in that behalf requisite His Majesty will give R. V. R. c. such further Covenants and Grants as shall be reasonably advised for the full and quiet having and enjoying and such other powers and authorities for levying and collecting the premisses and such aid and assistance from His Majesty his Privy Council Exchequer Courts of Justice and all other his Officers and Ministers as any Commissioners Receivers Collectors Farmers and other Ministers of His Majesties Revenue in England or Ireland ever had or ought to have and as in this case shall be thought fit and reasonable AND HIS MAJESTY doth hereby declare and agree That He his Heirs and Successors shall and will from time to time upon humble suit on that behalf made give such further Covenants and Grants for the full and quiet having and enjoying the premisses according to the true intent and meaning of these presents as shall be in that behalf reasonably advised and such other power and authority for levying and collecting the premisses and such aid and assistance from His Majesty and his Privy Council His Majesties Court of Exchequer and the Officers thereof and all other His Majesties Courts of Justice and all other his Officers and Ministers whatsoever as any Commissioners Receivers Collectors Farmers and other Ministers of any part of His Majesties Revenue in England or Ireland ever had or ought to have and as in this Case shall be thought fit and reasonable This Indenture to be inrolled in Ireland within six months PROVIDED ALWAYES That if the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon or some of them shall not within the space of six months next ensuing the date hereof cause this present Indenture to be enrolled in His Majesties High Court of Chancery in Ireland and in the Office of His Majesties Remembrancer there that then and in such case and for every such default the said Richard Lord Viscount Ranelagh Sir Alexander Bence Sir Iames Hayes Iohn Bence George Dashwood Ioseph Deane Robert Huntingdon Iohn Stepney and Richard Kingdon their Executors and Administrators and every of them shall forfeit and lose unto His Majesty his Heirs and Successors the sum of One hundred pounds for each month after the said six months expired wherein the said Indenture shall remain and continue without enrollment thereof made in manner and form aforesaid His Majesty or Chief Governour will after 25th Decemb. 1675 until 25th December 1677 authorize R. V. R. c. to levy receive compound or discharge all moneys and arrears
and meer motion HATH demised and granted and by these presents for his Highness his heires and successors doth demise and grant unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphry Taylor and Ralph Bucknall all and all manner of chief-rents rents service of Inheritance rents of Assize And also all other rents rents charge rents seck or dry rents fee-farm rents rents reserved upon Leases which were made for 21 years or more Assart rents rents due for Purprestures arented Copyhold-rents and all other certain and ancient Crown-rents yearly payable unto His Majesty his Heirs or Successors within the said Realm of Ireland and which at any time after the Feast of the Nativity of our Lord now last past and before Payable to His Majesty His Heires and Successors from Christmass last to Christmass 1675. or untill the Feast of the Nativity of our Lord which shall be in the year of our Lord God 1675 inclusive shall or may grow due and payable or from time to time during the terme aforesaid of right ought to be paid unto his Majesty his Heirs or Successors by any person or persons bodies politick or corporate by reason of any Tenure Charter Patent Lease Demise or Grant made for the Terme of 21 years or more or to be made of any Messuages Mannors Lands Tenements or Hereditaments or of any Rights Royalties Liberties Priviledges Except all annual quit-rents whereof any grant or release hath been made by His Majesty bearing date before Michaelmass last past Franchises and Immunities whatsoever Except and alwayes reserved out of this present Demise all and every such annual quit-rents and payments of three pence per acre in the Province of Leinster two pence farthing per acre in the Province of Munster two pence half peny per acre in the Province of Connaught and two pence per acre in the Province of Vlster and of one shilling six pence out of every 20 shillings yearly for which any Houses in Corporations which have been allotted towards satisfaction of any arrears due to any Commissioned Officers who served His Majesty or His Royal Father before the 5 of June 1649 in the Wars of Ireland have been or shall be let or demised whereof any Grant or Release hath been made by His Majesty to any person or persons by vertue of any Letters patents under the Great Seal of England or under the Great Seal of Ireland bearing date before the Feast of S. Michael the Arch-angel now last past and next and immediately preceding the date of these presents And also except and alwayes reserved out of this present Demise all and every the yearly rents duties and sums of mony heretofore reserved and which of right still are and ought to be due and payable unto His Majesty his Heirs and Successors for or in respect of one or more Lease or Leases heretofore made and yet in being of all and singular the Customes and Subsidies of Tonnage and Poundage And the present farm of the Customes and all other sums of Mony due and payable in lieu of Custome and of all those Rates and Duties of Excise due and payable to His Majesty his Heirs and Successors for or by reason of any Goods Wares or Merchandizes imported into the Realm of Ireland And also for and in respect of one or more Lease or Leases heretofore made and still in being of all and singular the Rates and Duties of Excise due and payable to His Majesty his Heirs or Successors And also of the Excise for or by reason of any Beer Ale Aqua-vitae and other liquors Exciseable for or by reason of any Goods Wares Merchandizes or other commodities of the growth production or manufacture of the Realm of Ireland commonly called The Inland Excise And of all other rates and duties due and payable unto His Majesty his Heirs or Successors for or in respect of any Licenses granted or to be granted for selling of Ale and Beer by retaile all which rates and duties And Ale and Beer Licenses or the rents thereupon reserved during the continuance of the said several and respective termes and Leases shall remain and be payable unto His Majesty his Heirs and Successors any thing herein before contained to the contrary notwithstanding TO HAVE AND TO HOLD all and every the Rates Charges The Habendum Duties and Impositions of two shillings sterling by the year which by vertue of the said late Act for the establishing an additional Revenue upon His Majesty his Heirs and Successors for the better support of His and their Crown and Dignity and by vertue of the said late additional Act for the better ordering and collecting the Revenue arising by Hearth-mony are due and payable or may grow due and payable unto His Majesty his Heirs or Successors for or by reason of any Fire-hearth or other place used for firing and Stoves within any House or Edifice or other place within the Realm of Ireland except before excepted And also all those Rates Charges Duties Impositions and sums of Mony which by vertue of the late Act for the better ordering the selling of Wines and Aqua-vitae together with all sorts of strong waters by retaile are due and payable or may grow due and payable by such person or persons who now are or hereafter may be licensed to utter or sell by way of Retaile in their respective houses any Wine Aqua-vitae Vsquebagh Brandy Balkan or any kind of distilled strong-waters or spirits except before excepted and also all and every the several and respective annual Quit-rents and payments of three pence per acre for every Acre in the Province of Leinster and two pence farthing per acre for every acre in the Province of Munster and one penny half-penny per Acre for every acre in the Province of Connaught and two pence per acre for every acre in the Province of Vlster and of one shilling and six pence yearly for every twenty shillings rent for which any houses in any Corporation in Ireland allotted to any person his heirs or assigns in satisfaction of any arrears hath been or shall be let or demised and all other the annual Quit-rents and payments which by vertue of the said two late Acts of Parliament commonly called The Act of Settlement and The Act of Explanation or either of them are or may grow due and payable unto his Majesty his Heirs or Successors and are charged upon and made to be issuing out of the several and respective Lands therein specified and declared except before excepted and also all manner of chief rents rents service of Inheritance rents of assize rents charge rents seck or dry rents fee-farm-rents and all other ancient Crown-rents yearly payable unto his Majesty his Heirs or Successors within the Realm of Ireland except before excepted and all other the premises herein before mentioned with their and every of
Merchandizes or Goods that shall be brought into or transported from any of the said Ports or places at any time during the said Term by any Merchant Alien Stranger Denizen or Natural Subject other than such as by the Laws Statutes and Customs of the said Realm of Ireland have or ought to have been used to be taken for the same and every part thereof without the assent of his Majesty without his Majesties consent under the great Seal or Privy Seal nor shall the Farmers do any act to hinder or damnifie his Majesty of or for any Custom subsidy c. his Heirs or Successors in writing under the great Seal or Privy Seal nor shall nor will willingly do or suffer to be done any other act or thing whatsoever whereby the Kings Majesty his Heirs or Successors shall or may in any wise be hindred or damnified of or for any Custom Subsidy Impost or other profit after this present demise or grant ended or expired in any the Ports or places aforesaid and that the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns shall and will at all times during the continuance of this Grant be ordered and directed by the Lord Lieutenant or other chief Governour or Governours of Ireland and Councel there for the time being or any six or more of them whereof the Lord Lieutenant or other chief Governour or Governours of Ireland for the time being to be always one or more or by the Lord Treasurer Vice-Treasurer In all doubtful cases the Farmers are to be ordered and directed by the Lord Lieutenant and Councel or by the Treasurer Vice-Treaserer and Barons of the Exchequer Chancellor and Barrons of the Exchequer there for the time being in cases proper for the determination of the said Court of Exchequer for or concerning any question or doubt which shall hereafter arise or happen upon or by Reason of any matter or thing which shall be done by the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators or Assigns their or any of their deputies or servants in or about the execution of these presents or any other clause or article herein contained And that they or any of them their or any of their deputies factors or servants shall not at any time or times hereafter during the continuance of these presents They shall not willingly permit any Merchant to trade to the prejudice of any corporations c. licence or wittingly or willingly permit or suffer any Merchant or Merchants their factors or servants to Trade or Traffick in any manner of way which shall or may be prejudicial or hurtful to any Corporations or bodies Politique of any Merchants incorporated by Letters Patents under the Great Seal of England or Ireland by the Kings most Excellent Majesty that now is or any of his Highness progenitors or Predecessors or contrary or repugnant to the liberties and priviledges to them or any of them by any such Letters Patents given or granted under colour or pretence of any clause sentence matter or thing in these presents given granted or specified any thing in these presents contained to the contrary in any wise notwithstanding The moderation of all forfeitures And moreover whereas heretofore it hath happened and many times hereafter it may fall out and happen that some forfeitures may be had made and committed by some Merchant or Merchants their servants or sactors of their Goods wares or Merchandizes by the strict penalties of the Laws and Statutes of the said Realm concerning Customs and some act or things may by them or some of them be done perpetrated committed or omitted whereby their wares goods and merchandizes may be seized as forseited by the strict Rules of the said Laws and Statutes of the said Realm is to be submitted to such order as the Lord Lieutenant and Councel or Treasurer Vice Treasurer ard Chancellor of the Exchequer by the advice of the Barons shall make whereas nevertheless in equity and conscience heretofore in such like cases the Lord Lieutenant or other chief Governour or Governours of Ireland and Councel there for the time being or some of them or the Lord Treasurer Vice-Treasurer and Chancellor of the Exchequer of Ireland for the time being have used according to his and their wisdom and conscience sometimes by the advice of the Barons of the Exchequer for the time being and sometimes by the advice of the Officers of the said Ports to make some moderation thereof and to give redress therein the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall do therefore covenant promise and grant for them and every of them their and every of their Executors administrators and assigns to and with the Kings most Excellent Majesty his Heirs and Successors by these presents that in every such case and when and as often as any such case of Equity or Conscience shall happen That they the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and assigns which orders c the Farmers are to fulfill perform and abide by shall stand unto perform fulfil and abide all and every such order direction and ordinance therein as the Lord Lieutenant or other chief Governour or Governours of Ireland and Councel there for the time being or any six or more of them whereof the Lord Lieutenant or other chief Governour or Governours of Ireland for the time being to be always one or more or the Lord Treasurer or Vice-Treasurer of Ireland for the time being the Chancellor of the Exchequer by the advice of the Barons of the said Court of Exchequer for the time being or any three of them shall set down and appoint And whereas heretofore in every of the said Custom-houses in every of the said Ports and creeks within the said Realm there hath been usually made unto Merchants Factors Masters Shippers and Mariners sundry allowances and divers wares and merchandizes in cases reasonable have been permitted and suffered heretofore to pass both into the said Realm and out of the said Realm Custom free whereof and for which not Custom of late hath been demanded yielded or paid according to a large continued usage heretofore accustomed and used in that behalf which notwithstanding this present demise and grant were fit and convenient to have coutinuance during the continuance of this grant for the better encouragement of all Merchants in the Trade of merchandize Now therefore the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon
or Governors of Ireland for the time being to be alwayes one or more And these Presents or the enrollment thereof shall be unto the said Lord Lieutenant or other Chief Governor and Governors of Ireland and Council there for the time being or to any six or more of them whereof the Lord Lieutenant or other Chief Governour or Governors of Ireland for the time being to be alwayes one or more a sufficient warrant and authority in that behalf without any further or other warrant or declaration of the pleasure of his Majesty his Heires or Successors in that behalf to be had or obtained Nevertheless it is declared and agreed But his Majesty may receive such Duties for which defalcations are made that it shall and may be lawful to and for his Majesty his Heires and Successors to recover and receive to his and their own use and uses such parts and proportions of the Sums annual Payments and Duties for which allowances and defalcations shall be had or made to the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assignes the said several and respective demises or any thing therein contained to the contrary notwithstanding And also that the said John Forth William Bucknall The Farmers may have Duplicates of their Patent or any clause therein William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and every of them shall and may at their proper costs and charges from time to time during the continuance of the several and respective demises and grants herein before made at their and every of their wills and pleasures and at their own costs and charges have all and as many Constats Exemplifications and Duplicats of these presents or of any Covenant Article or Sentence therein contained and of every and such part and parcel of the same and when and as often as to them or any of them shall seem meet and these presents or the Enrollment of the same shall be unto the Lord Keeper of the Great Seal of Ireland for the time being as also to the Lord Treasurer Chancellor and Barons of the Exchequer and to all and every Officer and Minister in England or Ireland to whom it shall or may appertain a sufficient warrant and authority for the allowing granting and passing of the same and that without any further or other grant or warrant from his Highness his Heirs or Successors to be had procured or obtained in that behalf And to the end the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and their Deputies Agents and Factors immediately attending this service may have the better opportunity to attend the managing thereof And that they may not be distracted from this their service And shall be discharged from publick Offices and Taxes which is of so great weight and so much concerneth his Majesty and themselves his Majesty is well pleased and doth by these presents for him his Heires and Successors grant covenant and agree to and with them and every of them and willeth and ordaineth that they and every of them as much as his Majesty may lawfully and by the Orders and Customes of those places where they and every of them inhabit tolerate and dispence with shall be freed and discharged from all publick Offices and Services which would require their personal attendance and might withdraw them or any of them from their necessary attendance on this service And that they the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns their and either of their Deputies and other Officers shall be from time to time and at all times during the continuance of the said several and respective demises freed acquitted exonerated and discharged of and from all payments or answering of Taxes Impositions or other things whatsoever as well publick as private that may or shall be imposed taxed or assessed upon them or any of them for or in respect of this present Farme or Demise or any thing therein contained or of the said Office or Offices of Collectors or Receivers of the Duty aforesaid by vertue of any Act of Parliament now in force or at any time hereafter to be made And if it shall happen that they or any of them shall be so taxed or assessed contrary to the true intent and meaning of these presents That then upon producing or shewing forth these our Letters Patents or the enrollment or exemplification or constat thereof or of so much thereof as shall be thought necessary His Majesty for Himself his Heires and Successors doth hereby will require and strictly command all Commissioners or Officers and Ministers whatsoever that shall be imployed either in imposing such Taxes or Assessemnts or in collecting or levying of the same That they desist and forbear to proceed upon the execution of their Offices and Duties against the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns respectively and their Deputies and other Officers in or for imposing or in collecting such Taxes Charges or Assessements his Majesties pleasure and full intent and meaning being that they and every of them shall be and are hereby freed and discharged of and from the same Clause of assistance commanding all Sheriffs c. to be aiding and assisting And our said Soveraign Lord the King doth by these presents for him his Heires and Successors streightly charge and command all and every Justices of Peace Mayors Sheriffs Bayliffs Constables Head-Boroughs and other Officers of and within every City Borough Town and all other His Majesties Officers and Ministers whatsoever whether Civil or Military that they and every of them shall from time to time during the said terme be aiding and assisting unto the said John Forth William Bucknall William Dashwood Philip Jemmet John Breedon James Hayes Dannet Forth George Dashwood William Muschamp Humphrey Taylor and Ralph Bucknall their Executors Administrators and Assigns and their and every of their Deputies Factors and Servants and every of them in the due Execution of all and every the aforementioned Premisses according to the true intent and meaning of these presents whether it be in and about the levying or recovering of the said Quit-rents and other annual Rents and Payments or any of them or any Arrears thereof by distress seizures entries and due proceedings thereupon or otherwise in the due recovery thereof or of any other the
yearly Rents herein before reserved or for non-payment of any part thereof or for any other the causes aforesaid or that these presents shall by Act of Parliament or Act of State hereafter to be made or any other way cease or become void by reason of any breach of the before mentioned provisoes covenants and agreements or any of them or be demised to let to Farme to any other person or persons Then his Majesty doth hereby declare That the sum of threescore and ten thousand pounds so as aforesaid advanced and paid and the Interest thereof then due or so much thereof as shall be then remaining in his Majesties hands behind and unpaid shall be accepted by his Majesty his Heirs and Successors for and towards the satisfaction of such arrears of Rent as shall be then owing and unpaid and the residue thereof if any such be together with the Interest thereof then due the said arrears being first deducted shall be repaid and satisfied out of such part of his Majesties Revenue as shall grow due and payable after such avoidance or determination as aforesaid And the Lord Treasurer Vice-Treasurer Chancellor and Barons of the Exchequer and all and every the Farmers And the Lord Treasurer c. on sight hereof to pay the same accordingly Commissioners Collectors and Receivers thereof or any part thereof are hereby impowred and required to pay the same accordingly upon the sight of this present Grant or the Inrolment thereof without any other or further Warrant PROVIDED always nevertheless The Power of granting Licences to transport Wool-flocks to continue and it is hereby declared to be the true intent and meaning of all parties to these presents that nothing herein contained shall extend or be construed to extend to lessen abate interrupt make void or give any disturbance to the execution of any Orders Directions or Authorities lately granted by his Majesty under the great Seal of Ireland to make Licences or Dispensations for the transportation of Wool-flocks and other Commodities therein mentioned into his Majesties Kingdom of England onely and not elsewhere nor into any forreign parts out of his Majesties Dominions And to grant pardons of the offences committed against the Statutes of the 11. and 13. Eliz. and to grant pardons of the offences committed against the Statutes of the Eleventh and Thirteenth of Queen Elizabeth in that case made and provided and of the forfeitures and penalties forfeited to his Majesty by the said Acts or either of them nor to give any disturbance to the execution of the like Authority granted or to be granted by his Majesty his Heirs or Successors at any time during the continuance of the said several and respective Leases unto any other Lieutenant Deputy chief Governor or Governors of Ireland for the time being nor to lessen or make void any powers or authorities given or granted to the Commissioners of Appeals And the Power granted the Commissioners of Appeals or to his Majesties Court of Exchequer but that they and every of them shall and may at all times during the continuance of the said several Leases lessen abate mitigate compound for or discharge such fines penalties and forfeitures as by Law they are authorized to do any thing herein contained to the contrary thereof notwithstanding And because in this present Indenture several demises are contained wherein several Duties and Revenues of a different kind and nature are demised for several and different terms of years and provision is likewise made that Defalcations of Rent shall be allowed in several cases in such manner and form as herein before is expressed Notwithstanding which Provisions some doubt may arise whether they to whom the power of making such allowances by way of Defalcation is intrusted and committed may not or ought not upon every demand of Defalcation to be made have a respect to and consideration of all and every the Branches of Revenue hereby severally and respectively demised as aforesaid and then refuse to make any Defalcation unless the Farmers so demanding the same shall make it appear that they have sustained great loss upon the whole Revenue severally demised as aforesaid although they should make it appear that they have sustained great loss by that Branch of Revenue for which a Defalcation is demanded For better Explanation therefore of this doubt his Majesty is pleased hereby to declare and agree that when and as often as any Defalcation shall be demanded by vertue of any Covenant Clause or Article in these presents contained for and in respect of dammage suffered in any particular Branch of Revenue herein before mentioned and demised All Defalcations to be considered in every particular branch for which Defalcation is demanded not collectively by computing what is got or lost upon the several branches but distributively by computing what is got or lost by that particular which Defalcation c. That then and in every such case the Lord Lieutenant or other chief Governor or Governors of Ireland and Council there for the time being or any six or more of them whereof the Lord Lieutenant or other chief Governor or Governors for the time being to be always one or more shall from time to time proceed to consider of such Defalcations without any respect of or inquiry into what hath been or may be gotten or lost upon the whole contract for taking to farm all the several Branches of Revenue herein before mentioned but shall onely take into consideration that Branch of Revenue for which a Defalcation is particularly demanded and upon consideration thereof had if it shall be found that the Farmers and Lessees thereof their Executors and Assigns have sustained great loss and Damage in that Branch of the Revenue for which a Defalcation is demanded by reason of such Accidents for which a Defalcation is intended according to the true meaning of these presents Then and in every such Case a reasonable Defalcation shall be made and allowed as aforesaid It being the true intent and meaning of these presents That in cases of Defalcations each several Branch of Revenue comprised in any of the several Demises and Terms of years shall be considered severally and apart by it self without any respect to or consideration had of any Profit or Advantege which may have been made of any other Branch of Revenue for which no Defalcation is demanded Provided always and it is hereby declared and agreed No Defalcation for Quit-rents granted away before Michaelmas last that nothing herein contained shall any way Entitle the said Farmers or Lessees their Executors Administrators or Assigns or any of them to ask demand or have any defalcation for or in respect of any new Quit-rents which by vertue of any Letters Patents under his Majesties great Seal of England or under his Majesties great Seal of Ireland have been Granted Released Or for the Quit-rents of the Lands inclosed in Phoenix Park or Discharged at any time before the Feast