Reverend Father in God John Lord Arch-Bishop of Armagh Primate and Metropolitan of all Ireland or to James Duke of Ormond or the Lady Elizabeth Dutchess of Ormond his Wife or to any of their Children or to James late Earl of Roscomon William Earl of Strafford Murrough Earl of Inchiquin Sir George Hamilton Sir Richard Lane Sir George Lane Sir James Montgomery or his Heirs or Thomas Radcliffe Esquire Provided likewise that this Act or any thing therein contained shall not vest nor be understood or construed to vest in your Majesty your Heirs or Successors or otherwise be prejudicial unto or take away any Estate Right Title Interest Service Cheifry Vse Trust Condition Fee Rent-Charge Chattel Real Mortgage Right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever from any Protestant or Protestants their Heirs Executors Administrators or Assigns who did not joyn with the said Rebels before the 15th day of September 1643. whereof upon the said 22. day of October 1641. they were respectively seized or possessed or otherwise interested or Entituled or wherein they had any other Estate Vse Possession Trust Reversion or Remainder other then such Estate Interest whereof they or any of them stood seized or possessed for the use of or in trust for any of the Rebels aforesaid nor unto any Iudgement or Decree which hath been obtained by any such Protestant or Protestants in the late Courts or Pretended Courts for Abjudication of Claims or in the Court of Exchequer or any other of the four Courts sitting at Dublin or for which any Iudgement or Decree is or shall be confirmed had or made by the Commissioners heretofore appointed by His Majesty for the execution of His late Gracious Declaration and Instructions herein after recited or at any time hereafter to be appointed by His Majesty for the executing of the said Declaration and Instructions and this present Act who are hereby enabled and Authorized to receive hear and determine the same Nor to the vesting any of the Lands Tenements Hereditaments or Chattels real Right Title Service Cheifry Vse Trust Condition Fee Rent-Charge Chattel real Mortgage right of Redemption of Mortgage Recognizance Iudgement Forfeiture Extent Right of Action Right of Entry Statute or any other Estate of what nature or kinde soever or any innocent Papist or their innocent Heirs Executors Administrators or Assigns And be it further Enacted by the Authority aforesaid That all and every such Person or Persons his and their Executors Administrators and Assigns to whom any Lands Tenements or Hereditaments belonging unto such Protestant or innocent Papist have been assigned or distributed set out or enjoyed shall forthwith and before any other Reprizals whatsoever to be set out be reprized any thing in this Act to the contrary notwithstanding Provided also That no Person or Persons their Heirs Executors or Administrators who enjoyed all or any of the said Lands Tenements or Hereditaments which by this present Act are vested or setled in your Majesty your Heirs or Successors shall be accountable for any the Rents Issues or Profits of the same from the said 23. Day of October 1641. until the time of the passing of this present Act other then such Rents Issues and Profits as by new Contracts stand charged in His Majesties Court of Exchequer since the year 1650. or the profits of concealed Lands enjoyed without Title allowed and confirmed by this present Act. And whereas Your Sacred Majesty hath by your said Gracious Declaration Instructions declared your Royal pleasure and Intentions how the said Honors Manors Castles Houses Lands Tenements and Hereditaments and all other the Estates and Interests hereby forfeited unto and vested in Your Majesty your Heirs and Successors should be disposed of and also by Commission under your Great Seal of this Your Kingdome bearing date the 30th Day of April in the 13th year of your Majesties Reign appointed certain Commissioners for putting in execution all the matters and things in the said Declaration and Instructions contained Be it Enacted by the Authority aforesaid That all the said Honors Manors Lands Castles Houses Tenements Hereditaments and all other the Estates and Interests hereby vested and setled in Your Majesty your Heirs and Successors except before excepted or provided for as aforesaid shall be and remain in your Sacred Majesty your Heirs and Successors to the intent to be setled confirmed restored or disposed to and for such use and uses and in such manner as in and by the said Declaration and Instructions hereafter following and by this present Act and the true intent and meaning thereof is declared limited meant intended or appointed His Majesties GRACIOUS DECLARATION FOR The Settlement of His Kingdome of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other His Subjects there CHarles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Our loving Subjects of Our Kingdome of Ireland of what degree or quality soever Greeting It having pleased Almighty God out of his great mercy and compassion towards Vs and all Our Subjects to restore Vs in so wonderful a manner to each other and with so wonderful circumstances of affection and confidence in each other as must for ever fill Our Hearts if We are in any degree sensible of such Blessings with an humble and grateful acknowledgement of the Obligation We owe to His Divine Providence That he would vouchsafe to work that miracle for Vs himself which no endeavours of Our own could bring to pass We think it agreable to the just sense We have and ought to have of the good affection of all Our good Subjects who have contributed so much in bringing this unspeakable Blessing upon Vs themselves that We acknowledge that our good Subjects in Our Kingdome of Ireland have born a very good part in procuring this happiness that they were early in their dutiful Addresses to Vs and made the same professions of a resolution to return to their Duty and Obedience to Vs during the time of Our being beyond the Seas which they have since so eminently made good and put in practise However it was not easy for us to make any publick Declaration with reference to that Our Kingdome there being many difficulties in the providing for and complying with the several Interests and Pretences there which We were bound in Honour and Iustice in some degree to take care of and which were different from the difficulties We were to contend with in this Kingdome We well knew the Acts of Parliament which had formerly past for the security of the Adventurers in that Kingdom had heard of the proceedings which had been thereupon by which very many Officers Souldiers and others as well of this as that Our Kingdome were in possession of a great part of the Lands of that Our Kingdom and
AN ACT For the better Execution of His MAJESTIES GRACIOVS DECLARATION For The SETTLEMENT Of His Kingdome of IRELAND AND Satisfaction of the several Interests of Adventurers Souldiers and other His Majesties Subjects there C R HONI â—OIT QVI MAL Y PENSE DIEV ET MON DROIT DVBLIN Printed by John Crook Printer to the Kings Most Excellent Majesty 1662. AN ACT FOR THE Better Execution Of His MAjESTIES Gracious Declaration for the Settlement of his Kingdom of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other his Subjects there WHEREAS an unnatural Insurrection did break forth against your Majesties Royal Father of ever blessed Memory his Crown and Dignity in this Your Majesties Kingdome of Ireland upon the 23. of October in the year of our Lord God 1641. and manifest it self by the murther and destructions of many thousands of your said Majesties good and loyal Subjects which afterwards universally spreading and diffusing it self over the whole Kingdome settled into and became a formed and almost National Rebellion of the Irish Papists against Your Royal Father of blessed Memory his Crown and Dignity to the destruction of the English and Protestants inhabiting in Ireland the which Irish Papists being represented in a General assembly chosen by themselves and acting by a Council called by them The Supream Council of the Confederate Roman Catholicks of Ireland did first assume usurp and exercise the power of Life and Death make Peace and War levy and coyn Money and many other Acts of Soveraign Authority treating with forreign Princes and Potentates for their Government and Protection and afterwards acted under a forreign Authority by all the said ways disowning and rejecting your Royal Father and your Majesties undoubted Right to this Kingdom even whilest they treacherously used his and your Majesties Names in the outward forms of their Proceedings withall impiously seeming by words and shows to swear even unto that which by the whole series of their deeds they denied and moreover presuming to pretend his late Majesties most Sacred Authority even for their worst actions all which they did amongst other their evil designs to frighten his good Protestant Subjects from their loyalty to blast his Majesties Honor and to widen the breach between his said Majesty and his seduced Subjects in England The which ends by their said wicked stratagems they did too succesfully and mischievously effect And whereas Almighty God hath given your Majesty by and through your said English and Protestant Subjects absolute Victory and Conquest over the said Irish Popish Rebels and enemies so as they their Lives Liberties and Estates are now wholly at your Majesties disposition by the Laws of this Kingdom And whereas several of your Majesties Subjects by whom as instruments the said Rebels were totally subdued did in the time of your Majesties absence beyond the Seas for supply of the then pressing necessities and to prevent the further desolation of this your Majesties Kingdom enquire into the Authors Contrivers and Abettors of the said Rebellion and War and after much deliberation among themselves and advice from others had thereupon did dispossess such of the said Popish Irish Rebels of their Lands Tenements and Hereditaments as they found guilty of and to have been engaged in the said Rebellion or War aforementioned and did withall distribute and set out the said Lands to be possessed by sundry persons their Agents and Tenants who by advancing of their Moneys and Goods or by hazarding of their Lives had contributed unto the said Conquest or who had been otherwise useful as having served or suffered in the suppression of the said Rebellion and War and whereas several of your Majesties Protestant Subjects as soon as with much difficulty and hazard they had gotten the power of this Kingdom into their hands did according to their bounden duty with all humility and chearfulness invite your Majesty into this your Kingdom with a faithful engagement to serve your Majesty with their Lives and Estates and afterwards when your Sacred Majesty their Soveraign Lord and King by your Gracious Letters from Breda bearing date the 4 14 day of April in the Twelfth Year of your Majesties Reign intimated your Royal Intentions of returning to the exercise of your Regal Authority they with others of your Majesties Protestant Subjects did readily and dutifully yield up themselves and the said subdued people with this your Kingdom of Ireland unto your Majesties absolute obedience and disposition who thereupon after many Moneths Consideration and the publick hearing of all parties concerned in and pretending to Lands and Estates in this your Majesties Kingdom as also after the receiving and weighing of expedient upon expedient in order to an universal accommodation and final settlement did at length in your Princely Wisdom Grace and Iustice set forth a Declaration bearing date the 30. day of November in the Twelfth year of your Majesties Reign with several Explanations and Instructions relating thereunto expressing your Royal pleasure concerning the People and Territories of this your Majesties said Kingdom Declaring it likewise to be your pleasure That all the particulars in the said Declaration mentioned should be effectually recommended unto your Majesties chief Governor or Governors Privy Council and Parliament in this Kingdom for the establishing the same by Law Now We the Lords Spiritual and Temporal and the Commons in this present Parliament assembled having well weighed and considered the nature of the Rebellion and War above mentioned together with the Causes thereof and Motives thereunto and with what Industry and Malice the Regal Authority the Brittish Interest and Protestant Religion were pursued and endeavoured to be eradicated and being withal very sensible of the vast expense of Blood and Treasure and of the unspeakable sufferings which the Brittish and Protestants as well several times heretofore as of late have undergone to reduce this your Majesties Kingdom to a perfect obedience unto the Crown of England do most thankfully acknowledge accept and admire your Sacred Majesties Wisdom Grace and Iustice towards all Interests in that your Majesties said Gracious Declaration and Instructions expressed And forasmuch as the Rapines Depredations and Massacres committed by the said Irish and Popish Rebels Enemies are not only well known to this present Parliament but are notorious to the whole World notwithstanding the many means and artifices which for many years together have been used to murther such witnesses suppress such evidences and also to vitiate and imbezle such Records and Testimonies as might prove the same against particular persons and lastly for that the said Rebels since their throwing off your Royal Fathers and your Majesties Government are become subdued and conquered enemies and have justly forfeited all their Rights Titles and Estates in this Kingdom It is therefore Enacted and be it Enacted by your most Excellent Majesty with the consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the
Authority thereof That all Honors Manors Castles Houses Places Lands Tenements and Hereditaments Right Title Service Chiefry Vse Trust Condition Fee Rent-Charge Chattels real Mortgage Right of Redemption of any Mortgages Recognizance Iudgements Forfeitures Extent Right of Action Right of Entry Statute or any other Estate of what nature or kind soever in all and every the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom which at any time from and after the said 23. day of October in the year of our Lord 1641. were seized or sequestred into the hands or to the use of his late Majesty King Charles the First or of your most Gracious Majesty that now is or otherwise disposed of distributed set out or set apart by reason of or upon account of the said Rebellion or War or which were allotted assigned given granted ordered distributed disposed demised set out or set apart to or for any person or persons use or uses for Adventures Arrears Reprizals or otherwise or whereof his late Majesty or your Majesty that now is or any Adventurer Souldier reprizal person or others respectively had and received the Rent Issue or Profits by reason or upon account of the said Rebellion or War or whereof the Adventurers Officers or Souldiers now or formerly of the English Army in this Kingdom or transplanted or transplantable persons or any of them or their or any of their Heir Heirs or Assignes or any other person or persons whatsoever upon account of the said Rebellion or War were in seizin possession or occupation by themselves their Tenants Agents or Assigns on the Seventh day of May 1659 or which were assigned given granted laid out set apart or reserved for or towards the satisfaction of any the said Adventurers Souldiers or other persons for or in consideration of any money or provisions advanced lent or furnished or for Arrears of pay or in compensation of any Service or reputed Services or other account whatsoever or reserved or mentioned to be reserved for or in order to a Reprisal or Reprisals for such Incumbrances as then were now are or shall be adjudged due to any person or persons out of the said Lands Tenements or Hereditaments or for any other use intent or purpose whatsoever or whereof any Custodiam Lease for year or years or other Disposition or Grant whatsoever hath been made or unto which your Royal Father or your Majesty that now is are any ways entituled by reason of or upon account of the said Rebellion or War or which are wrongfully detained or concealed by any person or persons whatsoever as also all Chanteries and all Manors Lands Tenements Rents Tythes Pensions Portions and other Hereditaments or things whatsoever belonging to them or any of them which were in the seizin possession or occupation and out of which any Rent Duty Tenure or other Service was reserved of any person or persons who by the Qualifications in this Act shall not be adjudged innocent persons as also all Lands Tenements and Hereditaments belonging to any Ecclesiastical person or persons in his or their politick capacity and that have formerly by them or any of them been let in Fee-farm the right whereof or Title thereunto or Interest therein was in any person or persons his or their Heirs or Assigns who by the Qualifications in this Act expressed shall not be adjudged innocent persons as also all Leases that have been made by any Ecclesiastical persons of any Lands Tenements or Hereditaments belonging unto them in their politick capacity to any person or persons their Executors Administrators or Assigns who by the Qualifications in this Act expressed shall not be adjudged innocent persons as also all Impropriations or appropriate Tythes belonging to any person or persons his or their Heirs Executors Administrators or Assigns who by the Qualifications in this present Act expressed shall not be adjudged innocent are and shall be and are hereby declared deemed and adjudged as from the said 23. day of October 1641. forfeited and to have been forfeited to your Majesty your Heirs and Successors and they hereby are from the said 23. day of October 1641. vested and settled in the real and actual possession and seizin of your Majesty your Heirs and Successors without any Office or Inquisition thereof found or hereafter to be found notwithstanding that the persons who were the former Proprietors or reputed Proprietors of the said Estates or any of them are not hereby or have not been heretofore attainted for and by reason of the said most hainous and unnatural Rebellion and War Provided That this Act shall not extend to the avoiding of any Contract Conveyance Assurance or disposition of for or concerning any of the said forfeited Lands Tenements or Hereditaments made since the 23. day of October 1641. by any Protestant Adventurer or Souldier or other person of or from such persons whose Estates if they had not so as aforesaid disposed them would have been confirmed unto them by the Rules in this Act herein after limited or appointed nor to the avoiding of any Contract for Lands in Connaught or Clare set out by virtue of Decrees made by Protestants or others that purchased any Lands Tenements or Hereditaments from persons transplanted into the Province of Connaught or County of Clare or their Assignes nor to intitle your Majesty to the mean Profits of any of the said forfetied Castles Manors Lands Tenements or Hereditaments since the 23. of Oct. 1641. allotted assigned enjoyed or set out to any Adventurer for adventures or to Souldiers for arrears to persons transplanted into the Province of Connaught or County of Clare or their Assignes or let by the late Vsurpers for yearly Rents or granted by the late usurped powers confirmed by your Majesties said Declaration of the 30. of November 1660. and by this present Act other than such of the Rents reserved on the premisses as were not paid to the late Vsurpers or to your Majesty since your Majesties happy restauration but are yet in arrear and unpaid and other than forfeited Lands Tenements or Hereditaments concealed Provided also That this Act or any thing therein contained shall not be deemed construed or taken to forfeit or vest in your Majesty your Heirs and Successors any Honors Manors Castles Houses Places Lands Tenements and Hereditaments or Chattels real whatsoever in all every or any of the Counties Baronies Cities Towns Corporate and walled Towns in this Kingdom on the 23. day of October 1641. belonging in Possession Reversion or Remainder unto the Vniversity of Dublin or to any Archbishop Bishop Dean Prebend Dean and Chapter or other Ecclesiastical person or persons in his or their politick capacity or to any other College Hospital Church Collegiate or Parochial or to the Church-wardens and Parishioners of any Parish-Church for the use of the said Church or to any Guild Corporation or Fraternity Ecclesiastical or Lay or to any Parson Rector or Vicar of any Parish-Church or to the most
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 Restauratâ—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
writing under his Hand and Seal a particular of the Houses Lands Tenements and Hereditaments possessed by him together with the content or number of Acres both profitable and unprofitable in each Town-Land Village Balybo or Quarter of Land as the same were admeasured to him or for his use and in the Right of whom he claimeth such Adventure And if such Adventure be for Houses in any city such Adventurer is to deliver in not onely the particular Houses Tenements and Hereditaments by him possessed but also the value of them respectively as set out to him or any other for his use And if any Adventurer or the Assignee or Assignees of such Adventurers as aforesaid shall neglect to return a Certificate as above-said or shall wittingly make and deliver a false Certificate of the sums he was to be satisfied according to the several Acts past in the Parliament begun at Westminster the third day of November in the year of Our Lord One thousand six hundred and Forty and in the sixteenth Year of the Reign of Our Royal Father entituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty and the Crown of England An Act for adding unto and explaining of certain clauses in another Act made this Parliament intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty and the Crown of England An Act for the further advancement of an effectual and speedy reduction of the Rebels in Ireland to the obedience of his Majesty and the Crown of England An Act for a speedy Contribution and Loan towards the relief of his Majesties distressed Subjects of the Kingdom of Ireland An Act to enable Corporations and Bodies Politick to participate of the benefit of an Act lately passed intituled An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland to their due obedience to his Majesty and the Crown of England Or shall neglect to return a Certificate as aforesaid or willingly make and deliver a false Certificate of the Town-Lands Villages Balyboes Quarters or other Denominations of Land assigned or given out for satisfaction of the said Debt or Demand or of the content or number of Acres according as the same was set out to him or them such Adventurer or his Assignee shall forfeit for three years the Rents and Profits that such Houses Lands Tenements Hereditaments shall yeild that he shall so omit to certifie or that he shall not rightly certifie such Forfeiture to be one Moyety to Vs and the other to be for and towards the defraying the charges in executing this Our Commission Provided a Discovery be made thereof before the three and twentieth of October One Thousand Six Hundred Sixty Three That such of the said Adventurers and Souldiers as have taken Surveys of their Lands do at or before the nine and twentieth day of September One thousand six hundred sixty two bring in to you the said Surveys or Duplicates thereof together with the Field-Books if in their possessions the which you are carefully and exactly to compare with the Surveys taken by Order of the late pretended Powers And if you shall find any considerable difference between the said Surveys you are to ascertain such Adventurers and Souldiers possessions by such of the Surveys as shall appear most for Our advantage and furtherance of this Service Yet so that if such Adventurer or Souldier shall think himself aggrieved thereat You shall appoint one or more sworn Surveyors to re-survey the said Lands in question such Surveyor returning his Field-Book to some other sworn Surveyor to examine cast up and make up the same such Adventurer or Souldier paying the said Surveyor for their said work and in the mean such Adventurer and Souldier to be continued in possession according to the Survey which shall appear as aforesaid most for Our Advantage and if any one shall without cause complain and obtain a re-survey he shall as a penalty for so doing forfeit so much land as he claims to want and shall not be found wanting And if any suggestion or information shall be made to the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being That profitable lands are held and possessed as unprofitable the same shall be inquired of by a Iury and such lands as were surveyed and set out to Adventurers and Souldiers or their Assigns as unprofitable and shall by such inquiry be found profitable shall be re-assumed to supply Deficiencies or make Reprisals Out of which said Certificates and Surveys and by such other lawful ways and means as you shall think fit you are to make up Books of what is due to each Adventurer and to ascertain the possession of such to whom lands are assigned therein expressing who was the former Proprietor who forfeited the same the three and twentieth of October One thousand six hundred forty one or since the Town-land Village Balyboe Quarter or other Denomination of Land the content or number of Acres the Parish Barony County and Province in which such Lands do lye respectively and where you shall find any Adventurer or his Assign to have more Lands than will satisfie his Adventure and that such Adventurer be in any other place deficient or shall buy the Right of any deficient Adventurer that such Over-plus Lands shall be assigned unto him towards satisfaction of such deficiencies and having brought things to this certainty you are to set out Lands to the deficient Adventurer in such way as shall be most indifferent and impartial and pursuant to the Acts of Parliament Whereas We have been graciously pleased to appoint the Forfeited Lands in the County of Kildare for satisfaction of Incumbrances on the Estates of Adventurers and Souldiers according to Our said Declaration in the satisfying thereof you are to observe these following Directions viz. To examine in the Books and Records of the late Court of Claims or Exchequer or other Courts what Decrees or Iudgements were passed and allowed to be satisfied out of the Estates of the said Adventurers and Souldiers the Adventurer and Souldier claiming satisfaction for such Incumbrance shall make it appear that the said Decreed Lands are set out unto him as part of his lot and he thereby Entituled to the Reprize for the said Incumbrance If such Incumbrance be by Mortgage Statute Staple Iudgement Recognizance or of any sum of Money on the payment whereof the Land so Incumbred is to be free and discharged you are then to set out Lands in the said County of Kildare for satisfaction of the said Incumbrance after the rate of Ten years purchase to be ascertained by inquiry in way and manner as is hereafter directed for the Reprize of such Adventurers and Souldiers as shall be removed from off their present Estates or according to such other particular
Service shall may or ought to receive any Clause Article Matter or Thing whatsoever in this present Act mentioned or contained to the contrary thereof notwithstanding Provided always and be it further Enacted by the Authority aforesaid That any Clause Sentence Matter or Thing in this Act or in any other Act or Acts passed or made or to be passed or made in this present Parliament contained mentioned or expressed shall not or may attaint or convict or be otherwise prejudicial unto Dudly Bagnel Esq son and Heir of Walter Bagnel late of Dunlickny in the County of Catherlogh Esq deceased nor to Henry Bagnel Brother of the said Dudly nor to Catherin Corbet alias Bagnel sister of the said Dudly nor to the Heirs or Issues lawfully begotten of the said Walter Bagnel Dudly Bagnel Henry Bagnel or Catherin Corbet alias Bagnel nor of any or either of them and that the said Dudly Bagnel Henry Bagnel and Catherin Corbet alias Bagnel and every of them and the Heirs and Assigns of every of them respectively shall have hold and enjoy their respective Estates and Interests in Law or Equity in all and every the Castles Lordships Mannors Segniories Lands Tenements Rents Reversions Remainders and Hereditaments with their and every of their apportenances which did of right belong or appertain unto the said Walter Bagnel or whereof he was seized as of his Estate of Inheritance in Vse Possession or Remainder on the Three and Twentieth day of October in the year of Our Lord one thousand six hundred Forty one or at any time after any Act or Acts Ordinance or Ordinances Matter or Matters Thing or Things done or to be done in this present Parliament or otherwise at any time since the Three and Twentieth day of October One thousand six hundred Forty one to the Damage Prejudice or Harm of the said Walter Bagnel his Heirs or Assigns to the contrary notwithstanding Provided always and be it Enacted That neither this present Act nor nor any thing therein contained do any ways prejudice or tend in any manner to alter any Right Title Interest Mortgage or Lease that Sir John Temple Master of the Rolls in this Kingdom or his late Mother the Lady Temple had in the year One thousand six hundred and forty to any Lands Tenements or Hereditaments belonging to Walter Bagnel Esq late Father of the said Dudly Bagnel lying or being within the County of Catherlogh Saving nevertheless to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns such Right and Title either in Law or Equity and such benefit and advantage of redemption which they or any of them could or might have had either in Law or Equity as fully and amply as if the Proviso herein last before mentioned had never been had nor made any thing in the said Proviso to the contrary hereof notwithstanding Provided also That so much of the Forfeited Lands in the Towns and Lands of Lispopel Nutstown Wegestown and Cordenstown with their and every of their apurtenances situate in the Barony of Balrothery in the County of Dublin containing according to the Down Survey One thousand two hundred forty nine Acres shall be held possessed and enjoyed by George Rawden Esq his Heirs and Assigns for ever as shall amount unto a full and just satisfaction of the publick Debts due to him by Debentures for Provisions and money disbursed for the use of the Army in Ireland according to His Majesties Gracious Declaration and Instructions which principal Debt with the Interest thereof cast up according to the Rate of six pound per cent amounteth unto Two thousand three hundred twenty four pounds Ten shillings Four pence And that in case the said Lands or so much thereof as will amount unto a full satisfaction of the said sum be not forfeited or if it shall happen that so much thereof shall be restored as that the residue shall not be sufficient to satisfie him the said George Rawden that then he be satisfied and reprized for the same by some other forfeited Lands in the County of Dublin Provided that this Act or any thing therein contained shall not extend nor be construed to extend to the prejudice of any Protestant or Protestants or Innocent Papists their Innocent Executors or Administrators holding Tythes by Lease or Leases derived from the Crown for or by reason or occasion of any advantage or Forfeiture which may be taken for the Non-payment of the Rents reserved to the Crown by such Leases for the time past but that every such Protestant and Protestants and Innocent Papists their and every of their Executors and Administrators holding any of the said Tythes shall and may have hold and enjoy the said respective Tythes during the respective Terms of years thereof yet unexpired without any advantage to be taken against them or any of them for non-payment of the said Rents for the time past as if this Act had never been made Provided That this Act nor any thing therein contained shall not extend or be expounded to extend to the prejudice of Sir Robert Meredith Knight nor his Son Sir William Meredith Baronet nor their Heirs or Assigns nor any persons possessed or interested in their behalfs in the Lands Tenements or Hereditaments of Green Hills heretofore called Bishops Court near the Lissie in the County of Kildare nor any part member or parcel thereof And Be it further Enacted That all the forfeited Lands Tenements and Hereditaments set out assigned or delivered unto Sir William Petty Knight by the name of Doctor William Petty and by him possessed on the seventh day of May One Thousand Six Hundred Fifty Nine be settled upon and confirmed unto him his Heirs and Assgnes for ever any thing in this Act or in his Majesties Instructions of the Nineteenth of February One thousand six hundred and sixty to the contrary notwithstanding the same to be held according to such Tenures Rules Rents Services under such Limitations and Directions for Reprizal and otherwise as in His Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty set down and expressed concerning such as were then of his Army in Ireland And whereas his Sacred Majesty having under his serious consideration the Present Settlement of this Kingdom is very desirous to confirm and inlarge the designed Bounty and Goodness of his late Royal Father of ever blessed Memory by adding to the Revenue of the Church of this Kingdome Be it therefore Enacted and Ordained by the King Our Sovereign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all and every the Manors Lands Tenements and Rents whereof any Arch-Bishop Bishop Dean Dean and Chapter or any other Ecclesiastical person or persons whatsoever in his or their politick Capacity or any of them were actually seized or by themselves or their Tenants possessed in the year of
reason he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them according to the Tenor of the said respective Acts of Decimo Septimo and Decimo Octavo Caroli But that all such forfeited Subscriptions be and they are here by vested and settled in your Majesty your Heirs and Successors and be set out and satisfied according unto the respective Rates in the said Acts mentioned within the aforesaid Security set apart or designed for Satisfaction of the Adventurers immediately after the other Adventurers who have duely paid in the respective sums by them subscribed in pursuance of the said Acts are satisfied and that the same be granted and disposed of by your Majesty unto such uses and in such manner as your Majesty shall think fit any thing in this or any other Act to the contrary notwithstanding And be it further Enacted That those Adventurers and Souldiers their Heirs or Assigns whose Adventures or Lots were set out of the Lands of James Duke of Ormond and have been since removed from the same and have had by his Majesties Commissioners for Executing his Gracious Declaration other Lands set out ordered or appointed in the County of Catherlogh towards their Reprizal and Satisfaction be and are hereby confirmed in so much of the said lands in their respective Orders named as shall be equal in value worth and purchase with those from which they have been removed as aforesaid and shall hold and enjoy the same to them their heirs and assigns for ever which said lands shall be immediately put out of charge in his Majesties Court of Exchequer in Ireland reserving the chief Rents according to his Majesties Declaration any thing in this present Act contained or otherwise to the contrary thereof in any wise notwithstanding Whereas Lands in the County of Lowth have been appointed by the Lords Iustices of Ireland to Erasmus Smith Esq towards satisfaction of his Adventures for Lands in Ireland and the possession thereof ordered accordingly Be it Enacted That the Lands so ordered and appointed be setled confirmed and established to and upon him the said Erasmus Smith his Heirs and Assigns with all Advantages and Priviledges allowed by this Act to Adventurers any thing in this Act contamed to the contrary notwithstanding Provided nevertheless that if any of the said Lands be restored pursuant to the Rules of this Act or otherwise to any person restorable the said Erasmus Smith his Heirs and Assigns shall be first reprized for such Lands so restored by other Lands in the said County of Lowth and for want thereof by other forfeited lands in some other convenient place of equal value worth and purchase Provided that by colour hereof no more lands be setled and confirmed to the said Erasmus Smith his Heirs and Assigns then according to the Rates for satisfying of Adventurers Provided alwayes and it is hereby further Enacted That nothing in this Act contained shall extend to vest in his Majesty his Heirs or Successors any the Honours Castles Messuages Manors Lands Tenements and Hereditaments whereof Oliver Cromwel deceased Henry Ireton deceased John Jones deceased Daniel Axtel deceased Gregory Clement deceased Isaac Ewer deceased John Bradshaw deceased Thomas Andrews deceased Thomas Hamond deceased Sir Hardress Waller John Hewson Miles Corbet Thomas Wogan Edmond Ludlow Edward Dendy John Lisle William late Lord Mounson Cornelius Holland Henry Smith Owen Row Edmond Harvy Nicholas Love Edward Whaley Thomas Pride deceased William Say Valentine Walton John Berkstead Sir Michael Livesey John Okey William Gouffe Thomas Challinor William Cawley John Dixwel Andrew Braughton Thomas Harrison Adrian Scroop John Carew Thomas Scot Hugh Peters Francis Hacker Isaac Pennington Henry Martin Gilbert Millington Robert Tichburn Robert Lilborn John Downs Vincent Potter Augustine Garland George Fleetwood Simon Mayne James Temple Peter Temple Thomas Wait Sir John Danvers John Blackston Sir William Constable Richard Dean Francis Allyn deceased Peregrine Pelham John Aldred alias Alured Humphrey Edwards John Vynn Anthony Stapely Thomas Horton John Frey James Challiner Sir Henry Mildmay Sir James Harrington John Phelps or any of them were at any time heretofore seized or possessed in their own Right or any other in Trust for them or to their use or which at any time heretofore were given and granted alloted assigned distributed disposed or conveyed to them or any of them or any other in Trust for them or any of them or to any other person or persons claiming by from or under them or any of them in satisfaction of any Adventures or Arrears due unto them or any of them or for any other Recompence or Reward whatsoever but the same and every of them other than the Lands and Tenements given and granted unto Michael Lord Bishop of Cork and other than the Lands and Tenements hereafter disposed to Francis Lord Anger shall be and are hereby vested and setled in and upon his Royal Highness James Duke of York and Albain Earl of Ulster c. to have and hold to his said Highness his Heirs and Assigns freed exempted and discharged so long as the same remain in the possession of his Highness or his Heirs of and to from any new or increased Rent Services and Payments in and by this Act assessed imposed and reserved but with like benefit and advantage of Reprizal in case of restitution as any Adventurer or Souldier by virtue of this present Act may or ought to have and also with further and other benefit of Reprizal for so much of the premisses as by virtue of the Declaration and Instructions or this present Act shall be held or enjoyed by any Adventurer or Souldier And if his Royal Highness or his Heirs shall grant or alien all or any the lands or premisses herein before mentioned otherwise than by lease or leases for lives or years upon which the full moyety of the improved Rent shall be reserved then so much as shall be aliened or granted shall be subject to and charged with such Tenures Rents Services and other Payments as other Lands by this Act ought to be subject to and charged with Provided and it is Enacted by the Authority aforesaid That all such forfeited Lands Tenements and Hereditaments with their appurtenances and all and every the Estate Right Title and Interest therein which were heretofore set out in the said Kingdome of Ireland to John Lord Kingston Baron of Kingston or to Sir Robert King his late Father deceased or which were purchased by them or either of them from any Adventurers Souldiers Transplanted or Transplantable persons their Heirs and Assigns and set out unto or possessed by them or any of them on the Seventh day of May One thousand six hundred Fifty nine shall be and are hereby ratified and confirmed unto the said Lord Kingston his Heirs and Assigns lyable to such Rules and Directions as are hereby prescribed for restoring of Lands to former proprietors Provided and it is declared That such part
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