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

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Inquisition in the time of his Royal Father for vesting Land in the Province of Connaught or any other matter or thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That Maurice Keating Esq Son and Heir of Edmond Keating of Norraughmore in the County of Kildare Esq shall and may have hold and enjoy to him and his heirs all and every the Manors Towns Villages Lands Tenements and Hereditaments in the Kings County purchased by or in trust for his said Father before the three and twentieth day of October One thousand Six hundred Forty one from John Carrol Esq if the Lord Lieutenant or other Chief Governour or Governours of Ireland and Council thereupon hearing the parties concerned shall think fit to adjudge the same accordingly any thing in this Act or in any other Act contained to the contrary thereof notwithstanding Provided always and be it further Enacted That Theobald Lord Viscount Taaff Earl of Carlingford shall have hold possess and enjoy to him and his Heirs all those the Lands Manors Tenements and Hereditaments in the County of Lowth whereof the said Theobald upon the first day of August in the year One thousand six hundred sixty one was possessed or were set out assigned or granted to the said Theobald by way of Custodium or otherwise in Order to a further Settlement thereof to and on the said Theobald and his heirs for and in lieu of the Estate of Coloony in the County of Sligo and also that the said Theobald shall have and enjoy to him and his heirs the Manors Lands Tenements and Hereditaments whereof Christopher Taaff of Bragganstown and Theophilus Taaff of Cookestown or either of them or any of their Ancestors or any other person or persons to their use or in trust for them or any of them stood seized or possessed upon the two and twentieth day of October One thousand six hundred forty one all and singular which premisses the said Theobald Lord Viscount Taaff Earl of Carlingford shall hold to him and his heirs at and under the same or like Tenures Rents and Services as the Officers and Souldiers by this Act are to hold any thing in this Act contained to the contrary notwithstanding And whereas Your Majesty by your Letters Patents under Your Great Seal of England bearing date the eight day of April in the year of our Lord One thousand six hundred sixty two and in the Fourteenth year of Your Majesties Reign was graciously pleased to grant to Richard Earl of Clanrickard and his Heirs the Honours Castles Lordships Seigniories Abbeys Abbey-lands and Impropriate Tythes Lands Tenements and other Hereditaments to the uses and in such manner as is therein mentioned Provided therefore That this Act or any thing therein contained shall not extend to or be construed to extend to vest in Your Majesty Your Heirs or Successors any Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes or other Lands Tenements or Hereditaments whatsoever which are granted or intended or mentioned to be granted by the said Letters Patents any thing in this Act contained to the contrary notwithstanding And be it Enacted by the Authority aforesaid That all and singular the Honours Castles Manors Lordships Seigniories Abbeys Abbey-Lands Impropriate Tythes Lands Tenements and other Hereditaments whatsoever which are granted or intended or mentioned to be granted in or by the said Letters Patents shall be immediately without any previous Reprizal or other Incumbrance whatsoever vested setled and established and are hereby vested setled established in the said Richard Earl of Clanrickard his heirs to and for the uses intents purposes in such manner as is expressed set forth in by the said letters Patents to no other use intent or purpose or in any other manner whatsoever that the said Richard Earl of Clanrickard and his Heirs shall and may have hold occupy and enjoy the same to the Vses Intents and Purposes and by and under the Rents and Services in and by the said Letters Patents mentioned and reserved and by no other Rents or Services any thing in this Act or any other Act Law Statute Ordinance Order Attainder Record Provision Sequestration Distribution Allotment Iudgement Conviction or any cause matter or thing had made transacted or done to the contrary notwithstanding Saving to all manner of persons Bodies Politick and Corporate other then Your Majesty your Heirs and Successors and such as shall or may claim from by or under Your Majesty and other then such whose Estate would have vested or been in Your Majesty by the general scope words or intent of this Act if the above-Proviso were not had made inserted or mentioned in this Act and other then such who had held or were possessed of any of the Lands Tenements or Hereditaments by the said Letters Patents granted by or under any defeazable Right Title or Estate and other then such as shall or may pretend or claim any Right or Title thereunto in prejudice of any the Vses limited in and by the said Letters Patents by descent or by virtue of any Estate or Remainder in Tail from any the late Earls of Clanrickard all and every the Right Title Estate and Interest Nevertheless it is hereby declared and enacted That such persons their Heirs and Assigns to whom any of the lands belonging to the said Earl of Clanrickard have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first lands that shall come unto his Majesty in the Province of Connaught and County of Clare either by restoring of any persons to their Estates who were formerly Transplanted or otherwise any thing in this Act to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid that the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being by and with the consent of the Privy-Council shall have full power and Authority to erect another College to be of the Vniversity of Dublin to be called by the Name of The Kings College out of all and every the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by vertue thereof to raise a yearly allowance for ever not exceeding Two thousand Pounds per annum by an equal charge upon every One thousand Acres or lesser quantities proportionably and therewith to endow the said College which said College so as aforesaid to be erected shall be setled regulated and governed by such Laws Statutes Ordinances and Constitutions as his Majesty his Heirs or Successors shall under his or their Great Seal of England or Ireland declare or appoint Provided nevertheless and be it Enacted by the Authority aforesaid That Robert Boyl Esq his Executors Administrators and Assignes shall and may for and during the term of Thirty one years have hold and enjoy all and singular the impropriations
is hereby further Enacted and Declared That it shall and may be lawful to and for all and every the Adventurers upon the said Ordinances their Heirs and Assignes to receive so much of the Over-plus of those Lands which have been allotted to them in Satisfaction of their said Adventures and shall be sufficient to satisfie and make good any Deficiencies of other Adventures any Right of Recompence or Satisfaction for Incumbrances intended to be satisfied out of the County of Kildare or any Arrears of pay before the year One Thousand Six Hundred Forty Nine due by Debentures for the aforesaid British Army to the said Adventurers their Heirs or Assigns or any of them or purchased by them or any of them and to be satisfied according to the same Rules and Rates with the other Arrears before One Thousand Six Hundred Forty Nine And be it further Enacted and Declared by the Authority aforesaid That if it shall happen that any Adventurer or the Heir or Assignee of any Adventurer shall be possessed of any Lands by Concealment false Admeasurement or by pretence of the Doubling Ordinances over and above what will satisfie the principal moneys advanced upon the said Ordinances according to Irish measure as aforesaid and shall not have any Deficiencies Incumbrances or Arrears to place thereupon or be otherwise intituled to retain the same That then and in such case the Lands to be cut off or taken away from such person or persons shall as near may be be taken away and cut off in such Parts and Proportions as lie most contiguous and so as the person or persons to be removed from such Over-plus as aforesaid may still retain and keep the benefit of his and their respective Improvements And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the Commissioners to be appointed by his Majesty for the Execution of the Declaration and Instructions and this present Act to proceed in the Execution of their Commission from time to time against all and every person and persons now having or in this or in any other Parliament hereafter to be held claiming to have any Priviledge and against all and every the Lands Tenements and Hereditaments and other the premisses whatsoever hereby vested in his Majesty his Heirs and Successors or charged or chargeable with any yearly Rent or other sums or payments whatsoever to be issuing out of the same and all Rules Orders Iudgements and Decrees of the said Commissioners made in pursuance of and according to the Declaration and Instructions and this present Act and all other Process and Proceedings whatsoever for the better leavying of any Rents or sums of money charged or chargeable as aforesaid shall be obeyed and executed forthwith as fully and amply against all and every person or persons and all and every their Lands Tenements Goods and Chattels as the same ought to have been if no Parliament had been then sitting and all Officers and Ministers of Iustice and all other persons whatsoever any way aiding and assisting in the Execution thereof shall be and are hereby indemnified and saved harmless any priviledge of Parliament or other immunity or exemption to the contrary hereof in any wise notwithstanding Provided alwayes and be it further Enacted and Ordained That the several Grants and Letters Patents made unto Sir Maurice Eustace Knight Lord Chancellor of Ireland Edward Vernon Esq Michael Lord Bishop of Cork and Sir George Lane and all and singular other the Letters Patents whereby any of the premisses hereby vested have been given or granted by his Majesty unto any other person or persons Bodies Politick or Corporate under the Great Seal of England or under the Great Seal of Ireland before the Thirtieth day of November One thousand six hundred and sixty or since the 30. day of November One thousand six hundred sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual dated before the said Thirtieth day of November One thousand six hundred and sixty shall be and are hereby ratified and confirmed and shall be deemed taken to be good valid and effectual in the Law according to the tenor and purport thereof against the Kings Majesty his Heirs and Successors and against all persons Bodies Politick and Corporate whose rights are not saved by this Act any thing in this Act contained to the contrary hereof in any wise notwithstanding Nevertheless it is hereby Enacted and Declared That all and singular the Lands and Tenements given and granted or mentioned to be given and granted in and by the several Letters Patents herein before confirmed shall be and remain and continue subject to such Rents and Payments and shall be held by such tenures and services as any other lands intended to be confirmed by his Majesties gracious Declaration or Instructions or by this present Act ought to yield pay render or perform And in case any of the aforesaid Grants or Demises be made at a less Rent than such a proportion of Acres ought to pay according to this direction then a Survey being first taken an addition is to be made to the reserved Rent of so much as will equal it therewith and make it agreable to this Rule without any further prejudice to the said Grants or Demises Saving to all and every person and persons Bodies politick and Corporate their Heirs Executors Successors and Assigns other than to the Kings Majesty his Heirs and Successors and other then to such person or persons Bodies politick and Corporate who by the Qualifications in this Act expressed shall not be adjudged innocent and other then to such person or persons who shall or may claim to the use of or in trust for them or any of them and other then to John Blackwell his Heirs and Assigns and those claiming by from or under him them or any of them any Estate or Interest of in or to the Manor Town or Island of Clantraffe or any part thereof All such Estate Right Title and Interest of in or to the several Lands and Tenements in and by the said Letters Patents respectively granted or mentioned to be granted as they or any of them have or ought to have the same as fully and amply to all Intents and Purposes as if this Act had never been had nor made And Be it further Enacted That all Letters Patents whatsoever whereby any of the premisses hereby vested have been given or granted under the Great Seals of England or Ireland respectively since the Thirtieth of November One Thousand Six Hundred and Sixty by vertue of any Bills Warrants or other Commands under his Majesties Signet or Sign Manual Dated since the said Thirtieth day of November One Thousand Six Hundred and Sixty shall be and are hereby Ratified and Confirmed and shall be held and enjoyed in like manner and under the like Rents and Payments Tenures and Services and subject to the like Saving of Rights
thereof from the Kingdome of Ireland in the year One thousand Six hundred Forty seven were since expulsed from their Habitations and Estates in the time of the Vsurped Power Be it further enacted by the Authority aforesaid That such of the Inhabitants and Proprietors of the said City and Town as constantly adhered to the Royal Authority until their respective deaths or withdrawing of the same Royal Authority from the said Kingdome in the year One thousand six hundred forty seven and did not at any time after adhere to the Papal Clergy or other the Irish Rebels in opposition to the Royal Authority and the Heirs and Widows of such of them as are dead shall be restored unto and have and enjoy as of their former estates all and every their and every of their Houses Lands Tenements and Hereditaments Freedomes and Immunities respectively in the said City of Dublin and Town of Drogheda and elsewhere any thing in this Act or in any other Act contained to the contrary or any other matter or proceedings against them or any of them at any time since the said withdrawing of the Royal Authority until his Majesties restitution notwithstanding And for the better prevention of all future Rebellions and to the end Our good Subjects of Ireland may be likewise secured against all Insurrections or Attempts for the time to come and the said Kingdome be the better planted and improved Be it further enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord Lieutenant or other Chief Governour and Governours and Council of Ireland for the time being from time to time and at all times hereafter during the space of Seven years to be accompted from the first of May One thousand six hundred sixty two to make and establish such Rules Orders and Directions for the better planting with Protestants the Lands by this Act vested in his Majesty and not appointed to be restored to innocent persons And for the better Regulation of Cities Walled Towns and Corporations and the electing of Magistrates and Officers there and to inflict such Penalties for the breach thereof as they in their wisdome shall think fit so as the Penalties for breach of the Rules of Plantation do not extend further then to treble the Quit-rents due for the Lands which shall be planted otherwise then those Rules shall direct the said Penalties to continue and be yearly paid to the King his Heirs and Successors till the said Rules of Plantation be performed and thenceforth the Rent by this Act reserved to be only payable and so as the Penalties for breach of the Rules to be made touching Corporations do not extend further then to the removal and disfranchizment of such persons as shall be found guilty of the breach thereof which Rules Orders and Directions so as aforesaid to be made shall be as good and effectual in Law to all intents and purposes as if the same had been established by Authority of this present Parliament and shall remain continue and abide in force for such and so long time as in the said Rules Orders and Directions shall be limited and appointed Provided nevertheless That no undisposed nor unconfirmed Lands Tenements or Hereditaments in the Province of Ulster which are or shall come unto your Majesties hands shall be set out in satisfaction of deficient Adventures but that the same may be wholly reserved and disposed of for Reprizal according to the full value worth and purchase of the same unless the forfeited Lands in other Provinces shall not be found sufficient to satisfie those deficiencies And be it further enacted by the Authority aforesaid That all and singular the Lands and Tenements in Ireland given and granted by his Majesty under his Great Seal of England or Ireland and any way ratified confirmed or approved by this present Act shall stand charged and be chargeable with a years Rent or a year and a halfs Rent and such like other Quit-rents and annual Payments wherewith any the Lands of Adventurers or Souldiers stand respectively charged to be raised levied and paid in like manner as other the like Rents and Payments by this Act before mentioned are appointed Provided alwayes That where any greater Rent is reserved upon any such Grants and Letters Patents as aforesaid than the Quit-rents reserved by this Act would amount unto that then and in such case the Rent reserved by the said Letters Patents shall be duely answered and paid and no other Quit-rents any thing before contained to the contrary notwithstanding Saving to his Majesty his Heirs and Successors all and singular the Estate Right Title and Interest of in and to any Honours Manors Castles Lands and Tenements which his Majesties Royal Father had upon the Two and Twentieth day of October One thousand six hundred Forty and one in Right of his Crown of Ireland and which were then or at any time within ten years before in charge in his Majesties Court of Exchequer otherwise then by any Inquisition of Lands in Connaught found and returned in the time of the Earl of Straffords Government and which have not since been granted or disposed by his Majesty or his Royal Father by Letters Patents under the Great Seal of England or Ireland and other then such Rights and Titles as in and by a certain Act of Parliament pasted in England Intituled An Act of Free and General Pardon Indemnity and Oblivion are mentioned or intended to be barred or extinguisht any thing in this Act contained to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid That Theobald Earl of Garlingford and Thomas Lord Viscount Dillon shall be and are hereby restored unto and vested in all and singular the messuages manors lands tenements and hereditaments respectively whereof they or either of them or any other person or persons to the use of or in trust for them or either of them were seized or possessed upon the Two and Twentieth day of October One thousand Six hundred Forty one or at any time since and that such persons and their heirs and assigns to whom any of the lands belonging to the said Earl of Carlingford and Lord Viscount Dillon or either of them have been set out and who are by this Act reprizable for the same be forthwith reprized out of the first Lands that shall come unto his Majesty in the Province of Connaught or County of Clare either by the restoring of any persons to their Estates who we●e formerly transplanted or otherwise any thing in this Act contained to the contrary notwithstanding Provided Nevertheless and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to settle upon or give or be construed to settle upon or give unto all or any of the said Adventurers any benefit part or portion of such sum or sums of money as have been forfeited by any Adventurer or Adventurers by
of whose Interests we resolve to be very careful We well remember the Cessation and the Peace which Our Royal Father of blessed Memory had been forced during the late troubles to make with the Irish Subjects of that Our Kingdome and by which he was compelled to give them a full pardon for what they had before done amiss upon their return to their Duty and their promise of giving his Majesty a vigorous assistance and that from that time divers persons of Honour and Quality had not that We know or have heard of swerved from their Allegiance towards him or Vs. We could not forget the Peace that Our self was afterwards necessitated to make with Our said Subjects in the time when they who wickedly Vsurped the Authority in this Kingdome had erected that Odious Court for the taking away of the Life of Our dear Father And then no body can wonder that we were desirous though upon difficult conditions to get such an Vnited power of Our own Subjects as might have been able with Gods blessing to have prevented that infamous and horrible Parricide And therefore We could not but hold Our self obliged to perform what we owe by that Peace to those who had honestly and faithfuly performed what they had promised to Vs though We and they were miserably disappointed of the effect of those promises by an unhappy part of them which foolishly forfeited all the Grace which they might have expected from Vs. And in the last place We did and must alwayes remember the great affection a considerable part of that Nation exprest to Vs during the time of Our being beyond the Seas when with all cheerfulnes and obedience they received submitted to Our Orders and betook themselves to that service which We directed as most convenient and behoofeful at that time to Vs though attended with inconveniencie enough to themselves Which demeanour of theirs cannot but be thought very worthy of Our Protection Iustice and Favour And yet all these important considerations and obligations appeared so many contradictions to the present Interest of Our good Subjects in that Our Kingdome who had at this time likewise merited very much from Vs and for whose security and advantage We held Our self obliged to provide as well as for their Indempnity and so the good Settlement of that Our Kingdome appeared much the more difficult unto Vs and even lessened and abated much of that joy of heart We found Our self possessed with for the great blessings We enjoy in the peace and quiet of this our Kingdome of England But We raised Our spirits again with the comfortable assurance that God who had wrought so much for Vs in England would graciously bring his Work to the same perfection in Ireland not suffer Our good Subjects to weep in the one Kingdome whilest they rejoyced in the other And Our satisfaction was much increased when upon conference with several of Our good Subjects of that Nation of Quality and Interest who were concerned both as Souldiers and Adventurers We found that they had a due sense of the Obligations which say upon Our Honour and Iustice and were very willing that We should comply with both and that the Foundations of the Peace and Security of that Kingdom should be raised upon Our discharge of those Obligations and after they had spent much time amongst others who were as much or more concerned than themselves they freely consented to such conclusions as to Our understanding may reasonably take with all just Interests And We cannot doubt but that all who have merited from Vs will confess that We have been so far from being failing to them that We have as well provided for them as after so great Troubles and Confusions and after such blessed Circumstances of Our Restaurat●on they could reasonably expect and that they will patiently wait for further instances of Our Favour and Kindness towards them from the Peace Vnity and Settlement of that Kingdome and from their contributing to it by a full submission to these Our determinations herein and hereafter more particularly expressed and declared And therefore in the first place in Order to a Settlement of that Interest claimed by the Adventurers although the present Estates and Possessions they enjoy if they were examined by the strict Letter of the Law would prove very defective and invalid as being no wayes pursuant to those Acts of Parliament upon which they pretend to be founded but rather seem to be a structure upon their subsequent assent both to different Mediums and Ends than the observance of those Yet We being alwayes more ready to consult where the prejudice can only reflect upon Our self with Our natural inclinations to mercy We praise God We can say so than with the positive Reason of Law We do hereby declare That all the Lands Tenements and Hereditaments of which all or any of the Adventurers were possessed the Seventh day of May One thousand Six hundred Fifty nine having been allotted or set out to them or enjoyed by them as Adventurers in satisfaction of and for their Adventures shall be confirmed and made good to them their Heirs and Assigns for ever with allowance or correction of the Admeasurement according to the Tenor Directions of the respective Acts of Parliament of XVII and XVIII Caroli as to English or Plantation Measure except as is hereafter excepted and that the deficient Adventurer either in part or in whole shall be satisfied out of the Moiety of the Counties of Limrick Tipperary and Waterford in the Province of Munster the Kings County the Queens County and the Counties of East-Meath and West-Meath in the Province of Leinster and the Counties of Down Antrim and Armagh in the Province of Ulster not yet set out to the said Adventurers as also the Forfeited Lands in the County of Lowth except the Barony of Atherdee in the said County and said Province of Leinster such Adventurers claiming and making their difficiencies appear before the First day of May next and in case the said Lands so for supply of deficiencies set forth shall not be sufficient We will appoint some other convenient Forfeited Lands for their satisfaction so that all their deficiencies shall speedily be supplied And whereas the Officers and Souldiers now of Our Army in Ireland and that have been formerly of the Army in Ireland have had also Lands set out to them respectively in satisfrction of their arrears of Pay for their Service in that Our Kingdome and are accordingly possest of the same by former pretended Orders and Powers then in being And although the incompetency of such Powers may justly render such Possessions and Estates liable to question to Our very great advantage if We should measure such advantage rather by the increase of Our Revenue then by the free and unbounded influence of Our Mercy and Favour Yet in regard of Our Letter to General Monk from Breda in the Twelfth Year of Our Reign and of Our several
Forty and nine and the deducted Lands upon which such Deficiencies Incumbrances or Arrears shall be so placed shall be injoyed by the said Lord Massareene and His Heirs as if they had been given out for an Original Adventure And the said Lord Massareene shall injoy the several lands wherein he shall be so as aforesaid reprized to him his Heirs subject to the like Rents Services Payments and Tenures as other Adventurers for lands within the Province where the reprize shall be given are subject unto and with the like benefit of new Reprizal in case of Restitution Removal or Incumbrance as other Adventurers are to have by this present Act. And in case the Manor Castle Town and Lands of S. Wolstownes alias Allens Court in the County of Kildare or any other the Castles Manors Towns Lands Advowsons Tenements and Hereditaments in the County of Kildare and County of Dublin or either of them formerly the Inheritance of Sir Thomas Allen Knight deceased or now belonging to the Lady Allen his Wife for term of life or years yet to come and the Remainder or Remainders thereof unto Robert Allen John Allen William Allen and James Allen some or one of them shall upon inquiry be found to be forfeited You are hereby required to cause the same to be delivered unto Our Right Trusty and Right well Beloved Cousin and Counsellour Hugh Earl of Mount-Alexander To Have and to Hold to him the said Hugh Earl of Mount-Alexander his Heirs and Assigns for ever subject nevertheless to the payment of the like Rents and Services as the Adventurers for Lands in the Province of Leinster are subject unto and with the like benefit of Reprizal in case of restitution as any Adventurers their Heirs and Assigns have or ought to have and also with benefit of Reprizal in case any Adventurer be Intituled to the same or any part thereof Provided alwayes That whensoever We shall declare under Our Great Seal of England or Ireland Our Will and Pleasure to revoke the Estate hereby granted in all or any part of the premisses that then and immediately from and after such Declaration the Estate so revoked shall cease and determine and remain subject unto the Rules and Ends of this Declaration as if this grant had not been made And whereas Sir Charles Lloyd Baronet became an Adventurer for Lands in Ireland upon the Acts passed in the Reign of Our Royal Father and afterwards according to the Rules and Method used in the late times of Vsurpation had a Lot for Nine hundred Pounds parcel of the said Adventure fallen within the Barony of Slewmargy in the Queens County and for One thousand Pounds residue of the said Adventure had an other Lot fallen unto him in the Barony of Conello in the County of Lymerick and Certificates delivered unto him accordingly Notwithstanding all which Proceedings no Possession hath ever been yet delivered unto the said Sir Charles Lloyd but the same hath been detained from him by others who have left their own Lots to enter upon his Our Will and Pleasure therefore is That you cause speedy Right to be done to the said Sir Charles Lloyd and possession to be delivered to him according to the Rules formerly used to have and to hold to him the said Sir Charles Lloyd and his Heirs under the like Rents and Tenures and with the like benefit of Reprizals as other Adventurers ought to have PRovided also and Be it further Enacted by the Authority aforesaid That all singular the Forfeited Lands Tenements Hereditaments of or within the Half Barony of Irris in the County of Mayo wherein the Harbour of Broad Haven is scituated together with all the Mines and Mineral therein and all Fishings on the Sea-Coasts of the same as also on the Loughs and Fresh Rivers thereunto in any wise belonging or appertaining be and they are hereby vested setled and continued in Your Majesty Your Heirs and Successors to be disposed of to such Vse or Vses as Your Majesty shall think fit Any thing in this Act contained to the contrary in any wise notwithstanding And You are hereby required not proceed upon the Return of any Commission of Inquiries after the value of Estates to be restored or reprized issued out before the first of March One Thousand Six Hundred Sixty and One until the Lord Lieutenant or other chief Governour or Governours of Our Kingdom of Ireland for the time being shall have issued out new Commissions of Inquiry which We do hereby authorize him or them to do And that such Commissions shall be likewise returned and after the Return of such new Commissions You are then to proceed either upon the former or later Returns as You in Your Discretions shall judge to be most expedient And We do hereby give further Power and Authority to the Lord Lieutenant or other Chief Governour or Governours of Our said Kingdom for the time being to issue or cause to be issued such other Commission of Inquiry as shall be necessary for the Information and Instruction of the Commissioners to be appointed for the Execution of the said Declaration Instructions and this Act. And be it further Enacted by the Authority aforesaid That the said Declaration Instructions and all and every Article Clause and Thing Powers and Authorities therein or thereby given or contained with and under the Proviso's Additions and Alterations in this Act mentioned and expressed be and are hereby Enacted Ratified and Confirmed And Be it further Enacted by the Authority aforesaid That notwithstanding any mention of Commissioners Names herein before made It shall and may be lawful for the Kings most Excellent Majesty His Heirs and Successors from time to time to nominate and appoint such and so many other Commissioners as His Majesty shall think fit for putting in execution His Majesties said Declaration and Instructions and this present Act which Commissioners so to be appointed from time to time and no other or so many of them as by His Majesty his Heirs and Successors shall be therein directed shall have full Power and Authority to put the said Declaration and Instructions and this present Act in execution according to the Tenour and effect thereof and to administer Oaths and further that whatsoever Act or Acts Thing or Things any Commissioners heretofore Lawfully Authorized have done or caused to be done or any other Commissioners hereafter to be appointed as aforesaid shall do or cause to be done according to and in pursuance of the said Declaration and Instructions and this present Act shall be hereby judged and declared and are hereby judged and declared to be good firm and effectual in the Law to all intents and purposes And that they and every of them shall be and are hereby ratified and confirmed to the final Settlement of every such person or persons their Heirs and Assigns according to such Decrees Sentences Orders or Iudgements as have been or shall be by the said Commissioners as aforesaid
and Interests as any other Letters Patents herein before mentioned to be Confirmed are subject unto Provided nevertheless That if his Majesty his Heirs or Successors or any of them shall think it fit or expedient for the better promoting of the Ends of the Declaration and Instructions and this present Act to revoke determine or make void all or any the said Letters Patents granted since the said Thirtieth day of November by vertue of any Warrants or Commands under his Majesties Signet or Sign Manual dated likewise since the said Thirtieth of November shall under the Great Seal of England or Ireland signifie or declare his or their Royal Will and Pleasure to revoke determine or make void them or any of them that then and immediately from and after such signification or Declaration of his or their Royal Will and Pleasure such and so many of the said Letters Patents as shall be therein Declared to be void shall cease and determine and become utterly void and of none effect and all and singular the Lands and Tenements in the said Letters Patents mentioned shall be again vested in his Majesty his Heirs and Successors for and to the same intent and purpose as the other lands hereby vested are vested and setled any thing in this Act contained to the contrary notwithstanding Provided alwayes and it is hereby further Declared and Enacted That where any Lands or Tenements shall be disposed of or any person or persons shall happen to be restored unto his or their Lands or Tenements by vertue of this present Act or by vertue of any Order Sentence or Decree made by the Commissioners for the execution thereof that then and in such case all and every the person and persons formerly seized or possessed of any the Lands or Tenements so as aforesaid restored or disposed of shall be and are hereby discharged and indemnified of and from all Suits Actions Prosecutions and Demands whatsoever touching or concerning the mean Rents Issues and Profits of the same this Act or any other Law Matter or Thing to the contrary notwithstanding Saving nevertheless unto all innocent persons their Heirs Executors and Assigns the Right and Title to the mean profits of their respective Lands and Tenements which have been received since the time of their several and respective Claims put in before the Commissioners heretofore appointed Provided alwayes and be it Enacted That the Forfeited Houses Lands Tenements and Hereditaments in the Town and County of Galway and elsewhere within the Province of Connaught now or late in the possession of Sir Thomas Clarges Knight or his Assigns shall remain and continue in his Majesty his Heirs and Successors to be disposed of as he or they shall think fit any thing in this Act contained to the contrary notwithstanding And be it futher Enacted by the Authority aforesaid That all and every the Adventurers their Heirs and Assigns respectively and all and every other person or persons having or claiming to have any Lands or Tenements for and towards satisfaction of moneyes adventured for Lands in Ireland or having or claiming to have as an Original Adventurer or by from or under any Adventurer his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty One full years value of the profits arising out of the lands possessed enjoyed or to be possessed or enjoyed as aforesaid to be paid at two several Payments within the space of two years by even equal payments the first payment thereof to be upon the first day of November which shall be in the year of Our Lord One thousand six hundred sixty two and the second day of payment to be upon the First day of November which shall be in the year of Our Lord one thousand six hundred sixty three And be it also Enacted by the Authority aforesaid That all and every the Souldiers their Heirs and Assigns respectively and all every other person or persons having or claiming to have any Lands or Tenements in Ireland for and towards satisfaction of any Arrears or Debentures or having or claiming to have as a Souldier or by from or under any Souldier his Heirs or Assigns any benefit of Settlement Confirmation or Reprizal or any other advantage whatsoever by vertue of this present Act shall pay or cause to be paid unto the Kings Majesty one full half years value of the profits arising out of the Lands possessed or enjoyed or to be possessed and enjoyed as aforesaid to be paid at one intire payment upon the first day of November which shall be in the year of our Lord One thousand six hundred sixty two And if it shall happen that any Adventurer or Souldier or any other person claiming by from or under them or any of them shall make default of payment of all or any part of the said years value or half years value respectively herein before mentioned to be paid by the space of Twenty dayes after any of the said respective dayes or times wherein the same ought to be paid that then and immediately from and after such default made all and every the benefit and advantage which by vertue of this present Act doth or may accrue unto the person so making default his Heirs Executors or Assigns shall cease determine and be utterly void and of no effect and that it shall and may be lawful to proceed against such person and persons his Heirs Executors and Assigns and against his and their Lands and Tenements whereof he or they stand possessed as fully and amply as if he or they had not been comprized within this present Act any thing in this Act herein before contained to the contrary in any wise notwithstanding And to the end a due care may be had for the assessing and ascertaining the several and respective sums which ought to be paid by the Adventurers and Souldiers and those who claim by from or under them or any of them and likewise for the safe and orderly receipt collection thereof Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty at any time hereafter according to His good pleasure to issue out such other Commission and Commissions to be directed to such other persons not being any of the Commissioners for execution of the Declaration and Instructions and this present Act as his Majesty shall think fit which said other Commissioners so as aforesaid to be appointed or so many of them as in the said Commission or Commissions shall be directed shall have Power and Authority by vertue of this Act to impannel Iuries and examine Witnesses to administer Oathes to the parties concerned to cause the Lands to be viewed and surveyed and by al● or any of these wayes or by any other lawful way or means whatsoever to inquire into and inform themselves
any wise notwithstanding And whereas several Clauses Articles Instructions Provisoes and other matters herein before and after mentioned do relate to particular persons and concern the Disposition and Settlement of several lands and Tenements to them wherein and whereby divers innocent persons Bodies Politick and Corporate their innocent Heirs Executors Successors or Assignes may receive great loss and prejudice if due care be not had for saving their Iust Rights and Interests Be it therefore Enacted and Declared That the several and respective Estates Rights Titles and Interests belonging to any innocent person or persons Bodies Politick or Corporate or to their innocent Heirs Executors Successors or Assigns shall be and is hereby saved unto him or them respectively any Clause Article Instruction Provisoe or other Grant or Disposition thereof herein made to the contrary notwithstanding Whereas James Duke of Ormond in the time of his being Lieutenant General and General Governour of this his Majesties Kingdom of Ireland hath from the beginning of the Rebellion here in a most Eminent manner Acted in the Suppression thereof and the Reducing the Persons involved therein unto their due Obedience and hath upon the most abstracted Considerations of Honour and Conscience faithfully adhered to his Majesty and to the Crown of England without any Regard had to his own Estate or Fortune And whereas divers Estates in tayle for life or years whereof the Reversions and Remainders in Fee or Fee tayle is or are in the said Duke or in Elizabeth Dutchess of Ormond his Wife are by means of the said Rebellion or by virtue of this present Act or otherwise become forfeited or vested in his Majesty and divers other Mortgages Leases Statutes Iudgements and other Securities for moneys have been made and acknowledged by the said Duke or some of his Ancestors unto persons whose Estate are by this present Act or otherwise vested in his Majesty and his Majesty is thereby intituled unto the same of which if his Majesty should take advantage the same should not onely be very prejudicial to the said Duke in respect of his own Estate but also in respect of the Estates which he holds and enjoys in the Right of his said Dutchess and would very much hinder the said Duke and Dutchess in the setling of their Estate in such manner that he may provide for the payment of his Debts and make provision for his Children And whereas the said Duke of Ormond and the Lady Elizabeth Dutchess of Ormond his Wife have heretofore made one or more Conveyance or conveyances thereby intending to settle their Estates in the said Kingdom of Ireland in their Posterity and to provide for their younger Children which Conveyance or Conveyances is or are by means of the late troubles in the said Kingdom lost or otherwise miscarried and divers Changes and Alterations relating to their said Estates have happened since the making thereof as well by the Deaths of some of the Children of the said Duke and Dutchess provided for thereby and by the Birth of other Children not yet provided for and divers Debts have been since contracted by the said Duke which he in Honour and Iustice holds himself obliged to pay but by reason of the said former Conveyances and Settlements if they should hereafter rise up in proof or come to light questions and differences might arise thereupon And whereas the said Duke and Dutchess in and by one Indenture Quadrupartite purporting a Deed of Grant or Feoffment bearing date the Twentieth day of December One thousand Sir hundred Sixty one in the Thirteenth year of his Majesties Reign and made or mentioned to be made betwen the said Duke and Dutchess of the first part Hugh Earl of Mount-Alexander Sir George Lane and Sir William Flower of the second part Donnogh Earl of Clancarthy Sir Paul Davys and George Carr Esq of the third part and Thomas Harman Edward Butler John Bourden and Laurence Walsh of the fourth part have settled and limited or made mention to settle and limit the Honours Castles Manors Lordships Lands Tenements and other Hereditaments in that Quadrupartite Indenture mentioned to such uses and in such manner as are therein mentioned And whereas his Maiesty to shew his gracious Acceptance of the Service and hazards by him undergone and performed is willing not onely to restore the said Duke and Dutchess to all their Honours Dignities Sigmories Mannors Castles Lands Tenements and Hereditaments which by the general scope of this Act and by some Construction that might thereupon be made by reason of some Distribution or Allotment that hath been made thereof by the late Vsurped Powers might be vested in his Majesty but also to to confer upon the said Duke and free both his and the Estate of the said Dutchess from all Estates in Tayl Mortgages Leases Statutes Iudgments and other Securities which are become forfeited and are vested in his Majesty as aforesaid and to which the Manors Lands or Estate in possession Reversion or Remainder of the said Duke and Dutches or either of them are or may be subject and lyable And his Majesty is also willing that the said Duke and Dutchess should settle their Estate in such manner as the same is or are mentioned to be settled by the said Indenture Quadrupartite For all which Ends and Purposes Be it Enacted by the Authority aforesaid That the said James Duke of Ormond and the Lady Elizabeth Dutchess of Ormond his Wife shall be and are hereby restored unto and shall and may have hold possess and enjoy all and singular the Titles of Honour and Dignities which they had or of Right ought to have held the Two and Twentieth day of October in the year of Our Lord God One thousand Six hundred Forty and one or at any time since and shall be also restored unto and are hereby restored unto and shall and may have hold possess and enjoy all and singular the Seigniories Manors Castles Lordships Lands Tenements Hereditaments Reversions Remainders and all other Hereditaments and Interests whatsoever in the said Kingdom of Ireland which he the said James Duke of Ormond the said Lady Elizabeth Dutchess of Ormond his Wife or either of them in Right of the said Duke or of the said Dutchess or otherwise or any other person or persons in Trust for them or either or any of them had held or enjoyed or of tight ought to have hold or enjoy on the said Two and Twentieth day of October One thousand six hundred forty and one or at any time since as fully and freely and for such Estate and Estates as they or any in Trust for them then had held or enjoyed the same together with al the Rents Issues and Profits thereof since the Four and Twentieth day of April in the year of Our Lord God One thousand six hundred and sixty in as large ample and beneficial manner and form to all intents and purposes as he the said James Duke of Ormond and the said Lady