respectively given for or concerning any matter Cognizable by them against His Majesty His Heirs and Successors and all and every other person or persons whatsoever their Heirs or Assigns any thing in the said Declaration or Instructions or in this present Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every person and persons who shall at any time hereafter be nominated and appointed by His Majesty His Heirs and Successors to serve in the place of a Commissioner for the putting in execution the said Declaration and Instructions and this present Act shall before they Act any thing in the execution of the said Commission take an Oath before the Lord Chancellor or Lord Keeper or Commissioners for the Custody of His Majesties Great Seal of this Kingdome or before the Lord Chief Iustice of His Majesties Court of Chief place of this Kindome for the time being or before the Lord Chief Iustice of His Majesties Court of Common Pleas of this Kingdome for the time being or before the Lord Chief Baron of His Majesties Court of Exchequer of this Kingdome which Oath they or any of them have hereby power from time to time as there shall be occasion to administer in these words following YOu shall swear That you shall to the best of your skill and knowledge truly and impartially administer Justice between His Majesty and the Subject and between Party and Party in the place of a Commissioner for putting in Execution His Majesties Gracious Declaration and Instructions for the Settlement of IRELAND according to an Act Intituled 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 Subjects there so long as you shall continue in that Imployment So help you God in Christ Jesus And Be it further Enacted by the Authority aforesaid That all and every the persons who shall be appointed to serve in the Offices or Imployments of Register Clerk Surveyor or any of them or in any other ministerial Office or Imployment relating to the Service of His Majesties Commissioners to be appointed as aforesaid shall before they enter upon any of the said Offices or Imployments take an Oath before some of the Commissioners to be appointed as aforesaid which Oath the said Commissioners or any two of them have hereby power to administer in these words following YOU shall swear That you shall well and truly execute the place of _____ according to the best of your skill and knowledge and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will So help you God in Christ Jesus And Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for all and every the Registers Clerks Surveyors and other the ministerial Officers which at any time hereafter shall be used or imployed in the Service of His Majesties Commissioners to be appointed for Execution of the Declaration and Instructions and this present Act to take as a Recompence for their respective Pains and Industries such Fees Salaries or Rewards onely and no other as by the Lord Lieutenant or other Chief Governour or Governours for the time being shall be limited and appointed And whereas by the said Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty the time limited for Adventurers claiming and making their Deficiencies appear is the first day of May now last past Be it Enacted and it is hereby Enacted That that time be inlarged to the Nine and Twentieth day of September One Thousand Six Hundred Sixty and Two And whereas by the said Declaration the time limited for discovering Bribery Forgery Subornation of Witnesses and False or undue Admeasurement is the Twentieth day of December One Thousand Six Hundred Sixty One Be it Enacted and it is hereby Enacted that the time being be inlarged to the Three and Twentieth day of October which shall be in the year One Thousand Six Hundred Sixty Three And whereas by the said Declaration legal Incumbrances resting upon Lands set out to Adventurers and Souldiers are to be satisfied out of Forfeited Lands in the County of Kildare except as in the said Declaration is excepted such Incumbrances being made appear by the Three and Twentieth of October One Thousand Six Hundred Sixty One Be it Enacted and it is hereby Enacted That that time be inlarged to the Three and Twentieth day of October One Thousand Six Hundred Sixty Two And whereas all Commissioned Officers before One Thousand Six Hundred Forty Nine whose Arrears were not stated on the Thirtieth day of November One thousand Six hundred and Sixty are by the said Declaration to have their Arrears stated before the Nine and Twentieth day of September One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the first day of May One thousand Six hundred Sixty three And whereas by the said Declaration all innocent Papists are to be restored to their Estates by the Second of May One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the First day of August One thousand Six hundred Sixty two And whereas by the said Declaration it is declared That in case any justly Intituled to the Peace in the said Declaration mentioned have obtained Decrees for Lands in the Province of Connaught or County of Clare in lieu of their former Estates and have not been possessed of Lands according to their respective Decrees That if by the First day of November One thousand Six hundred Sixty one they shall not be possessed of such Decreed Lands they shall immediately after the said day be otherwise satisfied for the same Be it Enacted and it is hereby Enacted That that time be inlarged to the First day of August One thousand Six hundred Sixty three And whereas as to those who continued with His Majesty and served faithfully under His Ensigns beyond the Seas who were by the said Declaration to be restored to their former Estates a Reprize being first assigned and legally set out of the remaining Forfeited Lands undisposed of to Adventurer or Souldier or other person as in the said Declaration is mentioned And that the furthest time for such Restaurations and Reprizes is by the said Declaration limited to be by the Twenty third day of October One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the Three and Twentieth day of April One thousand Six hundred Sixty three And be it further Enacted and it is hereby Enacted by the Authority aforesaid That all other persons Bodies Politick and Corporate who have not already put in their Claims before the Commissioners heretofore appointed for execution of the said Declaration do put in the same within
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
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
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
to be ingrossed And in case Our chief Governour or Governours for the time being in Ireland shall judge it for Our Service he or they shall Order the issuing forth Commissions under Our Great Seal of that our Kingdom of Ireland for the ends and to the persons so to be nominated and appointed as aforesaid That in order to the discovering the full value of the premisses every such Adventurer Officer or Souldier or other person the confirmation of whose Estates is held forth by Our said Declaration shall within Forty dayes after publick notice by you to be given deliver in Writing under his Hand and Seal to the persons to be imployed in the respective Counties Baronies Cities and Places a particular of their Estates with the respective Names of their Tenants and the Rents they were to pay in the said year One thousand Six hundred Fifty nine and the respective Tenants to every such adventurer Souldier or other person shall also deliver to the said persons a particular of the Lands and Tenements held by them with the Names of the Land-lords and the Rent they were to pay for the said year One Thousand Six hundred Fifty Nine That if any adventurer Officer or Souldier or other persons so returning the Value and Profits of his said Estate shall fail to return the full value thereof or any part thereof that for such Offence he shall forfeit half a years Rent of the Estate so concealed one fourth part to the person discovering the same and the other three parts towards the Relief and Support of such as have suffered for Our Royal Father or Our self And for the better Discovery of the Truth in the premisses Our Chancellour of Ireland for the time being is hereby authorized and required to issue forth Commissions from time to time as occasion shall require to impower and Authorize you or such as shall be by the Chief Governour or Governours of that Our Kingdom for the time being and Our Council there nominated thereunto in the respective Counties Baronies Cities and Places as aforesaid to administer an Oath or Oaths as often as it shall be needful And You and such as shall be imployed as aforesaid shall as often as occasion shall require send for Persons Leases Papers and Records that any way tend to the Discovery of the full Value of the said Estates or any other matter or thing hereby committed to your trust and then you are to return Duplicates fairly ingrossed under your hands and Seals or the Hands and Seals of the major part of you of the aforesaid Rents and to such persons as we shall nominate to be the Receivers of the several Rents and sums of mony payable by Our said Declaration and also to Our said Vice-Treasurer and Receiver General You are also to prepare a particular of all the Forfeited Houses Lands Tenements and Hereditaments within the Counties of Wicklow Longford Leitrim and Donegal as also of the forfeited Lands Tenements and Hereditaments not already disposed of in the Province of Connought and County of Clare lying and being within a Mile of the River of Shannon or of the Sea commonly called the Mile-Line and within any Corporation in Ireland except as in Our said Declaration is excepted and by Inquest or other lawful means put a reasonable and just value on all and every the said Houses Lands Tenements and Hereditaments first deducting what shall be made appear to have been laid out by any Person on Leases or Contracts for Leases in any Corporation in building or improving Houses or in planting Orchards or Gardens all which said Improvements shall be ascertained in a moderate way either by the Surveys formerly taken of them or that shall hereafter be taken where you shall see cause to appoint the same That you do with all possible speed prepare an Accompt of the Personal Arrears of such Officers or their Assigns serving before the said Fifth day of June One Thousand Six Hundred Forty Nine and who have not received any lands or moneys in satisfaction for their Arrears before or since the said Fifth day of June One thousand Six Hundred Forty Nine as also an Estimate of the respective Securities appointed by our said Declaration for satisfying the said Arrears In Order whereunto you are to value the Houses Lands Tenements and Hereditaments at eight years purchase deducting the value of such Improvements as shall appear as aforesaid to have been made on Houses Orchards or Gardens And if by the said Estimate you shall find the said Security will not extend to satisfie twelve shillings six pence in every pound of the said arrears you are to proportion the said satisfaction according to the said Security with equality indifferencie You shall then expose all such Houses Lands Tenements and Hereditaments to sale first giving publick notice of the time place of such sale to the end that all persons concerned may give their attendance In which sale You are to make special provision that such Officer or Officers or their Assignes who shall so purchase any of the said Houses Lands Tenements or Hereditaments within any Corporation do enter Security before you grant to him or them any Certificate as is hereafter directed to satisfie such as by vertue of any Lease or Contract for Lease have built or improved any house or planted any Orchard or Garden either in money or else by granting unto such person or persons a Lease or Leases of the premisses at a Rent proportionable to the said Improvements and that if any Controversie shall happen therein the same shall be determined by You or such as the Chief Governour or Governours of that Our Kingdom for the time being and Our Council there shall appoint upon the place to hear and determine the same You are to sell all the said Houses Lands Tenements and Hereditaments publikly and at the time and place appointed to such person or persons who will give most for the same which being sold You shall forthwith enter such Sales in Books for that purpose to be prepared and provided Nevertheless that no such sale shall be good or allowed where the purchase shall not amount unto eight years purchase or upwards according to the Rates set by you on such Houses Lands Tenements and Hereditaments Deductions or Allowance being made for the improvements as aforesaid Provided alwayes that there be for every Twenty Shillings that such House Orchard or Garden-plot is worth to be let Eighteeen pence yearly reserved to Vs Our Heirs and Successours for ever And you are to return Duplicates of Our said Books to Our Vice-Treasurer and Receiver-General You are to take care that all such Officers who shall purchase any of the said Houses Lands Tenements or Hereditaments do within Fourteen dayes after the Contract or Bargain for the same deliver up unto you so many Debentures as such Purchase doth amount unto which Debentures you shall cancel and if any thing remain above the Purchase-Money
other persons whose Estates are confirmed by Our said Declaration together with the Rents and Profits payable unto Vs according to Our said Declaration by such Adventurers Souldiers and others And you are carefully and exactly to reduce the measure of such Lands as were set out by Plantation-measure of Twenty one Foot to the Pearch and One hundred and Sixty Pearches to the Acre to Sixteen Foot and an half to the Pearch and One hundred and Sixty Pearches to the Acre and accordingly to ascertain the Rent payable to Vs the which you are likewise to do of all the Estates we are graciously pleased to restore unto any Papist whose Estates were formerly disposed of or remained undisposed of in Our Hands Provided such Estates did not formerly pay unto Our Royal Father a greater Rent in which case the said greater Rent is to be reserved and paid to Vs for the Future which Books so made up you are to lodge as Our Court of Exchequer shall direct with some Officer of Our Revenue that the Rents may be given in Charge And that no prejudice may be to Vs or uncertainty in Our Revenue You are also to prepare Duplicates of the said Books to be kept in the Office of Our Chief Remembrancer and Treasurers Remembrancer And whereas in the Execution hereof it will be necessary to imploy several persons for the inquiry into and preparing several matters hereby committed to your Trust you are therefore hereby Authorized and Impowered from time to time to nominate and appoint such person or persons as you shall finde necessary for Our Service herein unto whom Our Chancellor for the time being for that Our Kingdom is hereby required and authorized to grant One or more Commissions under Our Great Seal of that Our Kingdom for the purposes aforesaid And whereas We have by Our said Declaration provided that Protestant Plantations shall be setled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the Lands to be setled on the Adventurers and Souldiers the same being subject to many intricacies and of universal concernment to that Our Kingdome We do therefore refer the whole consideration thereof unto Our Parliament for their Advice therein And you are hereby strictly required to take special care that the Decrees and the Estates in Lands set out in satisfaction of the same in the Province of Connaught and County of Clare to any Transplanted or Transplantable person and purchased from them or any of them by Charles Earl of Mountrath John Lord Baron of Kingstown Richard Lord Coot Baron of Coloony Carey Dillon Esq Sir George Bingham Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir James Shaen Knight Major Arthur Gore Sir George St. George Sir James Cuffe John Eyres Esquire Henry Waddington Esq Captain Robert Parks Captain Robert Morgan and Captain Owen Lloyd be confirmed unto them and every of them their Heirs and Assigns respectively they paying one full years Value of the Profits of such Estates to Vs Our Heirs and Successors in two years space in such manner and for such Vses as in Our late Declaration is offered to be contributed by the Adventurers and Souldiers and accepted by Vs and that they be not removed from any such Estates in Lands they have so purchased by virtue of such Decrees untill they be duely reprized out of other Forfeited Lands of equal Value Worth and Purchase in the said Province of Connaught or County of Clare or elsewhere as in Our said Declaration is directed for Adventurers and Souldiers Provided that this shall not be construed to confirm the Decree of any person for so much thereof as was obtained by injustice fraud irregularity or oppression in the proceedings but especially of any person who had no Right nor Title by the Rules given for making those Decrees to the Estate in compensation whereof such Decree was granted if the same shall be made appear unto you before the Five and Twentieth day of March One Thousand Six hundred Sixty and Three And in such case it is Our pleasure that any of the aforesaid persons who hath purchased Lands upon any such insufficient Decree shall or may place some other unsatisfied or reprizable Decree upon such Lands Provided also That this Clause shall not extend to confirm unto the said persons any Lands that are restorable by Our Declaration to the former Proprietors Reprizals being given in lieu thereof as in the Declaration is appointed Provided also That such Transplanted Persons who being within Rules of Reprizal have been removed from the Lands to which they have been transplanted without any Reprize therefore first given be forthwith Reprized in the first place and before all other Reprizable persons And that the Lands set out unto Sir Thomas Herbert and Benjamin Worsley Esq for their Salaries in Ireland in relation to their Imployments about the Satisfaction of the Souldiery in stating their Arrears or surveying or setting out Lands be confirmed unto them and their Heirs and Assigns severally and respectively And if the said Lands or any part thereof shall be restored to the former Proprietors That a Reprize be forthwith assigned and set out unto them their Heirs and Assignes severally and respectively in lieu thereof in like manner as is provided for such Adventurers and Souldiers as shall be removed from off their present Estates And whereas some Ambiguity or Doubt may arise under what Qualifications such persons may be comprehended who submitted unto Our Articles of Peace and inviolably observed the same yet neither attended Vs in Forreign Parts nor sued out Decrees for Lands in Connaught or County of Clare You are in order to their Settlement to proceed in the same way and method as by Our Declaration is held forth for those that submitted to Our Articles and inviolably observed the same and attended Vs in Forreign parts And for the better quieting setling and securing the several persons and their Interests for whom provision is made in Our said Declaration and Instructions and this present Act the Lord Lieutenant Lord Deputy Lords Iustices or their Chief Governour or Governours of that Our Kingdom for the time being upon Certificate signed by you or any Five or more of you as aforesaid expressing the Name or Names of such persons the quality of their Estates the number of Acres the Barony County and Province in which such Estates are and the â—ents reservable as also the Tenure and Services are hereby authorized and required upon request by the person or persons so concerned to cause effectual Letters Patents under the Great Seal of that Our Kingdome to be passed in the usual manner of such Lands Tenements and Hereditaments to the persons aforesaid by advice of Our Learned Council in the Law for that Our Kingdom or some of them as the case shall require without expecting any further Letters or Warrants from Our Self and for so doing these Our Directions shall be
and payable to him by the Adventurers and Souldiers to be held of his Majesty his Heirs and Successors by the tenure of Frank Almoyne or other service and tenures as the same were held before the making of this Act. And be it also Enacted by the Authority aforesaid That all and every Impropriations or Appropriate Tythes forfeited to or vested in His Majesty his Heirs and Successors by this Act or otherwise forfeited or Escheated to his Majesty in right of his Crown if there be no lease or leases thereof in being unforfeited or otherwise as soon as the unforfeited lease or leases shall be expired or otherwise determined are hereby given to the Church for ever and hereby are and for ever shall be setled and established upon the present and future Incumbents and their Successors which have or shall have actual cure of Souls in those respective Parishes wherein such Impropriations are and such Impropriate Tythes do arise and renew reserving such a proportion of them to be disposed and setled upon the Vicars and Quire-men of each Cathedral Church as an Additional provision for the increase of their Maintenance as to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being at any time before the First of January One thousand six hundred sixty four shall be thought fit and convenient They the said Incumbents and their Successors paying to His Majesty his Heirs and Successors for the same such Rents Reservations and Duties as formerly were paid for the same with such increase of Rents as by the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being with six or more of the Council shall be adjudged reasonable and convenient within the space of Two years from the passing of this Act and not after or from the expiration of the said unforfeited leases respectively Provided that neither this Act nor any thing therein contained shall extend to the disposing or altering of any Impropriate Rectories or Tythes or Rents now or lately enjoyed or possessed by or setled on the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being or which at any time hath been or now is enjoyed possessed or received by the Lords Presidents of Munster and Connaught in the right of their respective places any thing in this Act to the contrary in any wise notwithstanding And that the Lord Chief Iustice of His Majesties Court of Kings Bench the Lord Chief Baron of His Majesties Court of Exchequer and the Master of the Rolls or any other of His Majesties Officers of this Kingdome for the time being shall and may have and receive such Port-Corn of the several Rectories which formerly have been formerly paid and reserved And to the end that this present annexation of the said Rectories impropriate unto the several and respective Churches as aforesaid may not be too prejudicial unto those persons who by the Rules of this present Act might otherwise expect to be restored thereunto It is hereby further Declared and Enacted That it shall and may be lawful to for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being to allot assign and appoint unto all and every person and persons who by the Rules of this present Act shall or may be restored thereunto in case no such annexation hath been made such recompence and satisfaction out of the said respective Impropriations as to him or them shall be thought most fit and reasonable which Recompence and Satisfaction so as aforesaid to be assigned shall be by virtue of this present Act received and enjoyed accordingly And whereas by Act of Parliament held at Westminster the Third of November in the Year of Our Lord God One Thousand Six Hundred and Forty Intituled An Act c. as also by His Majesties Gracious Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty It was carefully provided amongst other things That care should be had for erecting of Churches and that maintenance for preaching Ministers should be provided In pursuance whereof Be it Enacted by the Authority aforesaid That out of every one hundred Acres of Forfeited and Escheated Lands vested in his Majesty by this â—ct which are not yet actually disposed and distributed two Acres shall be allowed and set apart for Glebe in every Parish Barony and County as shall be most contiguous and convenient for the several Parish Churches in such places situate or to be situated and that out of all Forfeited and Escheated Lands so vested as aforesaid which are already disposed distributed or assigned and by this Act confirmed to the respective Possessors their Heirs or Assigns the said respective Possessors their Heirs and Assigns shall pay so much moneys as shall be sufficient to purchase such a number of Acres of the aforesaid measure and of the same Quality within the said Parish as the land out of which the said Acres should have been taken and assigned for Glebes at that present shall be adjudged the same Rent to be reserved payable to His Majesty his Heirs and Successors and in the same manner by the respective Incumbents and their Successors enjoying the said Lands so to be assigned to them for Glebes as the said Forfeited or Escheated Lands out of which they are taken shall be and are by this Act ordained for to pay And Be it further Enacted by the Authority aforesaid That out of all Forfeited Chauntries and all Lands Tenements and Hereditaments belonging unto the said Chauntries and vested in his Majesty his Heirs and Successors by this Act that are by this present Act set out assigned or intended to be set out or assigned to any Commissioned Officers their Heirs or Assigns who served His Majesty or His Royal Father of ever blessed Memory in the late of Wars of Ireland at any time before the Fifth of June One Thousand Six Hundred Forty Nine and received no satisfaction for the same and which paid any Rent to the Church in the Years One Thousand Six Hundred and Forty and One thousand Six Hundred Forty and One there shall be paid for ever by such Officer or person his Heirs or Assigns so enjoying the said Chauntries or the Lands Tenements or Hereditaments to them belonging the Rent and all other Duties formerly upon or out of them paid or received unto the Church or in lieu and satisfaction thereof Two shillings for every pound of improved value at the Election of the Bishop of the Diocess which Rents are to be ascertained with all convenient speed by the Chief Governour or Governours of Ireland for the time being and Six of the Council or whom they shall appoint and the Rent so payable by such Officer or Person his Heirs or Assigns to the Church shall be paid to such Rectory or Vicarage that either is or shall be of the Church wherein such Chauntry was erected or otherwise to such Ministers of
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 weâ—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
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
to be settled with them in that Our Kingdome And least any Ambiguity or controversy might arise for precedency in restitution to their former Rights We do Declare That first all innocent Protestants and those persons termed innocent Papists who never took out any Decree or had lands assigned to them in Connaught or Clare be first restored In the next place That those innocent Protestants and Papists who took out Decrees and had lands allotted to them in pursuance thereof in Connaught or Clare shall be restored And that such transplanted persons as shall be dispossest of their Decreed Estates in Connaught or Clare by virtue of this Our Declaration shall be Reprized out of other Forfeited lands of equal value worth and purchase in the said Province of Connaught or County of Clare or elsewhere before they be dispossest of their said Estates And that then such of the Irish Papists who constantly served under Our Ensigns abroad having right to the Articles of Peace are to be restored of which if any dispute shall be of their Capacity of Priviledge herein We shall by further intimation of Our pleasure to Our Chief Governour or Governours in that Our Kingdome and Council there give a final Resolve and Determination therein Yet this is alwayes so to be understood That whatsoever person or persons in the next precedent Qualifications shall find any part of his or their Estates not already disposed or not designed to be disposed to the ends aforesaid exprest in this Our Declaration That such person or persons their Heirs or Assigns shall be respectively restored to his or their said Estates And We further declare That in respect many have contracted very just Debts for furnishing Armes Ammunition and other necessary provisions for carrying on the War in Ireland before One thousand Six hundred Forty nine for which they have given security and so made themselves liable to suit and hazard which in all equity ought to be provided for That after such Reprizals made as aforesaid satisfaction shall be set forth out of the remaining lands in Our disposal to such persons their Heirs and Assigns And We are graciously pleased further to Declare That every Adventurer and Souldier their Heirs and Assigns setled in lands Tenements and Hereditaments as aforesaid And every person restored unto or Reprized for his Estate as is formerly mentioned shall pay unto Vs Our Heires and Successors yearly for ever the Rents following viz. For every Acre in the Province of Leinster Three pence For every Acre in the Province of Munster Two pence Farthing For every Acre in the Province of Connaught One penny Half penny And for every Acre in the Province of Ulster One penny accounting as to the payment of the said Rent only One hundred and Sixty Pearches to the Acre and Sixteen Foot and a half to the Pearch And all such as receive satisfaction for their Arrears out of the Houses and Tenements in the several corporations in Ireland one shilling six pence yearly out of every Twenty shillings Rent so that the Rent formerly reserved on such Estates so to be restored exceed not the Rent hereby reserved But if the said Rent formerly reserved do exceed the Rent hereby to be reserved the said former Rent only shall be paid and the said Estates respectively shall be discharged from payment of the Rent or Rents hereby reserved And it is Our further pleasure and We do hereby declare That all Lands Tenements and Hereditaments thus settled and to be settled upon Adventurers shall be held of Vs Our Heirs and Successors in Free and common Soccage as in the Statute of the Seventeenth Caroli is limited and appointed And that all Lands Tenements and Hereditaments setled or to be setled on the Souldiers who are out of the said Act and not provided for by it shall be held of Vs Our Heirs and Successors by Knights service in Capite All other particulars above mentioned being fully effected we trust through the goodness of God that that near ruined Kingdom will be restored to peace plenty And that by such signal evidences of our justice favor mercy the wicked will be deterred from their wickedness the good encouraged confirmed in resolutions of loyalty towards us and peace among one another And as in this Our Declaration we have made choice of those means which in Our Wisdome and Iudgement We have esteemed most conducible to the Quiet and Settlement of that Our Kingdome so We esteem it necessary further to declare That it is Our firm intention forthwith to call a Parliament in that Our Kingdom and effectually to recommend unto Our Chief Governour or Governours Privy Council and Our said Parliament the establishing by Laws there all the particulars mentioned in this Our Declaration and such others as shall be found necessary for the good of Our People there and after such Bills are past that then an Act of Free and General Pardon Indempnity and Oblivâ—on shall be granted to all Our Subjects of and in Ireland notorious Murderers only excepted And because We are too credibly assured That in the Decrees and Iudgements given for Forfeited lands in the Province of Connaught and County of Clare much injustice and fraud hath been used We shall recommend the whole review of that business to Our Chief Governour or Governours for the time being and Our Privy Council and Commissioners or some of them to the end that whatever irregularity shall be found in those proceedings may by their Care and Wisdome be rectified and the Iust part thereof confirmed As also that a suitable Act for Ireland for confirming Iudicial proceedings there in the four Courts may be there past And another Act for ratifying all Decrees and Iudgements in the Court of Claims and Exchequer of Dublin and the Claims of Our Protestant Subjects of Ireland that so all Our Subjects being legally setled and confirmed in their lives properties and Estates they may without fear for the Future betake themselves to mend the Ruines and Desolations of so long and bloody War and live in comfort and unity And We more than hope that by Our thus proceeding the World will believe nothing of Our own Advantage can come in competition with the Peace and Good of Our Subjects for We reserve little to Our Self but the satisfaction of contenting all Interests at the price of freely parting with almost all the great Forfeitures vested in Vs by Law in that Our Kingdom And if by this Indulgence We shall attain that desired end it will be much more considerable unto Vs than the rate at which We purchase it And We further Declare That whereas several of the Adventurers and Souldiers having made a thankful estimation of our grace and favour expressed by this our Declaration in settling them in a peaceable possession and right of what they enjoy by Our waving those many advantages devolved upon us by law have voluntarily exprest their own willingness and confidence of the
Directions as you shall receive herein from Vs or from Our Chief Governour or Governours and Council of that Our Kingdome for the time being agreable to Our said Declaration If such Incumbrance be a Rent-charge or Yearly Rent issuing or payable out of the Estates of the said Adventurers or Souldiers for ever or for years or for life You are then to put a Rate or Value on such Rent-charge not exceeding Ten years Purchase for an Estate for ever or Six years Purchase if for life or for any term under Ten years or Seven years Purchase if for Two lives or any term above Ten years and under Twenty one years or Eight years purchase for any term above Twenty one years and under Thirty one years and Nine years Purchase for all above Thirty one years which shall be satisfied out of the said Forfeited lands in the said County of Kildare after the Rate afore-going If such Incumbrance be by Lease or Leases for term of years or for life or lives you shall as is before directed inquire after the damage such Adventurer or Souldier sustains by virtue of such Lease and if the said term shall not exceed seven years or the damage be not one third part of the full value of the said Lands set out to him you shall not assign any recompence or Reprize but if such damage be for above Seven years or above one third part of the profits of such Estate satisfaction is to be given in way and manner as in the preceding Instructions is directed The which Lands being thus set out allotted and distributed to the said Adventurers and Reprized to the said Adventurers and Souldiers you are to give unto them respectively a Certificate of what Lands are so set out unto them with the number of acres Denominations of the said Lands the Parish Barony and County such Lands are in and who Forfeited the same which Certificate the said Adventurers Souldiers are forthwith to Record in Our Court of Exchequer upon which Our said Court is to give Order to Our respective Sheriffs to put the said Adventurers and Souldiers their Assigns or Agents into the possession of such Lands so allotted divided and set out or reprized as aforesaid Whereas by Our said Declaration the Estates of every person or persons that sate as Iudges in the pretended High Court of Iustice upon the Life of Our Royal Father of blessed Memory or who Sentenced him or who Signed or Sealed the Warrant for Execution or who were of the Guard of Halberteers assisting to put the Bloody Sentence of Death in execution upon the Thirtieth of January One thousand Six hundred Forty eight are not confirmed You are therefore to inquire what Estates any of the said persons had and to return Certificates thereof into Our Court of Exchequer which Court is hereby required to sieze the same to Our use and for the increase of Our Revenue except so much of the same lands Tenements and Hereditaments lately belonging to John Cook as by Our Letters of the Twenty fourth of November last was granted by Vs to Sir George Lane Knight for his faithful Service which it is Our will and pleasure shall be confirmed to him his Heirs and Assigns accordingly and that all proceedings necessary for the finding Our Title thereunto and to the lands Tenements and Hereditaments of Philip Hoare of Kilsalchan in the same letter to the said Sir George Lane granted be speedily made by Our Officers and Ministers intrusted in that behalf and that thereupon letters Patents be past thereof or of any other Forfeited Lands Tenements and Hereditaments given or granted by Our said letters in lieu thereof under Our Great Seal of Ireland to the said Sir George Lane his Heirs and Assignes according to the direction of Our said letters in the most large favourable and benigne acceptation thereof You are by the best way and means you can to inquire after all Forged Debentures or Bills on which any lands have been set out either to Adventurers or Souldiers and forthwith certifie such Forgeries into Our Court of Exchequer that such persons may be proceeded against according to law The like you are to do after the Estates of such as have procured or obtained the possession of any Estate by Perjury Bribery or Subornation of Witnesses or false or undue admeasurement to Our prejudice To the end such Estate or Estates so unjustly obtained may be seized according to the Tenor of Our said Declaration And whereas many being conscious of their own guilt or evil intentions with respect to the most heinous Rebellion begun the Three and Twentieth of October One thousand Six hundred Forty and One have made private Settlements of their Estates and many of Our Protestant Subjects having formerly Mortgaged their Houses Lands Tenements and Hereditaments unto such as have Forfeited the same in these evil and unsetled Times have notwithstanding entred upon and keep possession of Our Right You are therefore in the best way and manner you can to make a Discovery of all such or any other concealments to Our prejudice In Order whereunto Our Officers in Our Four Courts of Dublin or in the Office for Probat of Wills are required to be aiding and assisting to you herein and from time to time to search after such matters or things as you shall judge for Our Service to inquire after and to attend you with such Records as you shall judge needful Whereas by Our said Declaration several innocent Protestants and Papists are to be restored to their Estates and a Reprize of equal value worth and purchase is to be assigned to such Adventurers and Souldiers and other persons as do possesse the same in the doing thereof you are to observe these following directions viz. Not to restore any as an innocent Papist that at or before the Cessation which was made upon the Fifteenth day of September One thousand Six hundred Forty and three were of the Rebels party nor any who being of ful Age and sound Memory enjoyed their Estates Real or Personal in the Rebells Quarters Provided that where any Citizen or Inhabitant of the City of Cork or of the Town of Youghal or any other person or persons were not permitted to live in the English Quarters but were expelled from thence and driven into the Quarters of the Rebels that than and in such case such inhabiting in those Quarters and there receiving any benefit of their Estates shall not be construed or adjudged any bar or impeachment of their Innocence nor such as entred into the Roman-Catholick Confederacy at any time before the Articles of Peace concluded One thousand Six hundred Forty and eight nor such as at any time adhered to the Nuncioes or Clergies party or Papal power in opposition to the Kings Authority nor such as have been Excommunicated for adhering to the Kings Authority and afterwards owned their Offences for so doing and were relaxed thereupon from their Excommunication nor such who
and Muskry to begin withal and accordingly to make up the said Book or Catalogue of the said Lands by way of contiguity with as much indifferency and impartiality as may be And to the end the said Adventurers and Souldiers so to be removed may be reprised with all indifferency as in Our said Declaration is directed Where We appoint not a particular Reprize You shall forthwith nominate and appoint fit and indifferent persons in each Corporation County and Place in Ireland where any of the said Estates are to examine upon Oath and by all other good Wayes and Means the value of such Estates and the Improvements made thereon and to return a Certificate thereof under their hands and seals to you accordingly in due form therein distinguishing the Value of such Estate from the Improvements made thereon by the said persons to be removed The same to be returned unto You by a short time to be by You limited upon return whereof you are by like Wayes and Means to inquire of the Value of some other Forfeited Lands not already disposed of and forthwith assigne the same to such Adventurers Souldiers or other persons so to be removed as in Our said Declaration is expressed taking care to reserve the Forfeited lands in the County of Dublin till all other Forfeited Lands be disposed of unless we shall otherwise direct to the end such of the Inhabitants of any Corporation as have been removed for security may be Reprized as far as Our Declaration provides for his or their Estates in such Corporation in some convenient place near such Corporations You are to take care that the undisposed Forfeited Lands near such Corporations be preserved to reprize such Inhabitants except the Lands near Cork Youghal and Kinsale for which Lands are assigned as aforesaid You are to prepare an exact List of the respective Adventurers Souldiers and others removed from off the Estate of James Lord Marquess of Ormond Lord Steward of Our Houshold by themselves And another of such of the Inhabitants of the said Town of Cork Youghal and Kinsale whose Decrees for Lands are by Our said Declaration to be satisfied and to appoint how the said Adventurers Souldiers or other persons and Inhabitants aforesaid shall be reprized respectively and accordingly so much of the Lands in the said County of Catherlagh as will suffice shall be set out to the said Adventurers and souldiers removed from off the Lord Marquess of Ormonds Estate as aforesaid and so much in like manner of the said Baronies of Barrimore and Muskry as will suffice set out to the Inhabitants aforesaid Whereas We have been graciously pleased to make provision for the Satisfaction of the Personal Arrears of such Protestant Officers who served in Our Kingdom of Ireland at any time from the three and twentieth of October One thousand six hundred forty one as by the partiality of the Times have received no satisfaction for their Service before the Fifth of June One thousand Six Hundred Forty Nine and for the stating the Arrears of such of them as have not had their Arrears stated as in Our Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty is provided for You or any five or more of you as aforesaid are therefore to observe and follow therein these Instructions following Viz. You shall state the Accompts or Arrears of such Commissioned Officers or their Assigns as are not stated for their own Personal Service in Ireland During the time of their Service every such Commissioned Officer whose Accompts You shall so state shall evidence his being an Officer and his Quality either by his Commission or Commissions or by Muster-Rolls or by the Certificates of two or more Commissioned Officers whereof one to be a Field-Officer such Certificate to be under the Hands and Seals of such Officers Every such Officer whose Accompts You shall state shall exhibit unto You under his own Hand and Seal the State of his own Accompt therein expressing the time of his Service the money or pay received the Regiment Troop Company or Garison or Service in which he served and what he demands as due to him for his said Service If any Officer shall knowingly produce a false or counterfeit Certificate thereby attempting to mis-guide You in the stating his Arrears such person producing such false Certificate and also the person giving the same shall forfeit their respective Arrears and all Lands Tenements and Hereditaments to be set out to such Officer for his Arrears You shall allow the Accompts of such Officers but according to their Commissions and Establishment of Pay allowed by Our Royal Father or by both Houses of the Parliament at Westminster begun in the Sixteenth year of Our late Royal Fathers Reign For which Accompts or Arrears so stated You are to give unto every such Officer or his Assigns one or more Debentures under Your Hands and Seals for the respective sums that shall be due to him or them to be satisfied out of the Securities appointed by Our said Declaration for such Officers aforesaid that served in Ireland within the time aforesaid If any Obstruction or Difficulty shall happen in stating the Accompts of the said Officers not hereby provided against You are from time to time in all such cases to certifie the same to our Chief Governour or Governours for the time being and our Privy Council in Ireland who are hereby authorized to set down and in Writing give unto you such further Rules and Directions therein as to them shall seem meet the which you are hereby required to observe In order to the ascertaining the Rents as well payable by the Adventurers as by the Officers and Souldiers now or late of the Army in Ireland toward the present satisfaction of Arrears and other Vses in Our said Declaration expressed You shall nominate and appoint fit persons to be imployed in the respective Counties Baronies Cities and places in Ireland where any Houses Lands Tenements or Hereditaments are already disposed of either to Adventurers or Souldiers or other persons with fitting instructions unto them to prepare a particular and distinct Rent-Roll of what the same did yield above all Reprizes for the year One thousand six hundred Fifty nine the which within a certain time to be limited and appointed are to be returned unto you And if any mistake shall happen to be in the said Rent-Roll so returned you are to amend the same in such way and manner as shall be just therein distinguishing the Houses Lands Tenements and Hereditaments set out to the Adventurers from those set out to Souldiers and those of the Souldiers now of Our Army in Ireland or disbanded in the year One thousand Six hundred Fifty three from those Souldiers formerly of the Army in Ireland who received satisfaction for their Arrears in the years One thousand Six hundred Fifty five One thousand Six hundred Fifty six One thousand six hundred and Fifty seven which Rent-Rolls are fairly
give unto them others for the remaining part not satisfied the which Debentures so delivered upon the said Purchase shall at the making of the Contract be fairly entred in books for that purpose to be kept And if any such Purchaser or Purchasers shall fail so to deliver up Debentures according to his Purchase as aforesaid such Sale or Purchase shall not be good or allowed unto such Purchaser or Purchasers nor such Officers Debentures admitted in any other Purchase Provided alwayes That where any Purchaser shall purchase with Money he shall pay down one fifth part of the Money at the making the said Contract and the remaining part within Eight and twenty dayes and failing of the said payment within Eight and twenty dayes he shall forfeit the said Fifth part paid and the Purchase shall be void and the Money so paid in Purchase shall be towards satisfaction of the Arrears of the said Officers The said Purchase being fully perfected in manner as aforesaid you are to give unto such purchaser or purchasers a Certificate of the particulars thereof which Certificate such persons shall forthwith Record in Our Surveyor Generals Office whereupon Our Court of Exchequer shall forthwith grant an Order for the quiet possession of the Premisses For your more full information as well of the particulars aforesaid as in the Value Worth Quantity Quality Scituation of such Houses Lands Tenements and Hereditaments so to be sold you are to have recourse to the Surveyes taken of them and where you shall suspect such Surveys faulty you are to appoint fit persons to Re-survey and Certifie the same unto you Whereas the Corporation of Bandon-Bridge having formerly issued several sums of Money and Provisions for the Pay and Support of the Army in Ireland to whom in consideration of the said Moneys and Provisions Lands have been assigned and set out upon the Receipt of which Lands they have delivered up their Vouchers you are therefore to examine what Lands have been assigned and set out to them and to settle so much thereof upon the said Corporation as shall amount unto the clear yearly value of One hundred pound by the year You are also to take care that the Lands set out to Susanna Bastick and her Children be accordingly confirmed to them And whereas We have by Our said Declaration assigned the benefit arising from the Redemption of Mortgages Statute Staples and Iudgements where the Lands are not already disposed of to Adventurers or Souldiers for and towards the satisfaction of such Officers who received no satisfaction for their Arrears before the Fifth day of June One thousand Six hundred Forty nine you are therein to observe these following Directions You are to have recourse to the Records of the late Court of Claimes and Our Court of Exchequer or other Courts the better to ascertain your knowledge what Lands were so incumbred as also if you shall see cause you are to make inquiry in all places within Our Kingdom of Ireland for the Discovery of such Mortgages Statute Staples Iudgments and other Incumbrances And after such particular knowledge of the premises obtained on the remaining term you are to make a just Estimate according to the Rates currant of what the Fee-simple of such Lands Tenements and Hereditaments lying under the said Incumbrances are worth alwayes deducting the Moneys to be paid in order to discharge the said Incumbrance and the same particularly and distinctly to enter into one or more Books fitted for that purpose and if the person Entituled to the Incumbrance will pay what the Land amounts to in value above the Moneys payable in discharge of the said Incumbrance then such person is to have the absolute Estate of the said Lands legally setled to him and his Heirs But if such person shall refuse to pay the said Over-plus then if any Officer interested in the said Security will purchase any part thereof he shall after discharge of the Incumbrance out of the common Stock of the said Security enjoy the same as far as his Debenture or so much thereof as he shall place thereupon shall reach And for such part of the benefit arising out of such Incumbred Lands which shall not be purchased by any Officer as aforesaid it shall be put to Sale and the Moneyes by such Sales shall be for the satisfaction as is in Our Declaration expressed And whereas We have assigned a years Rent and a year and a halfs Rent payable by the Souldiery in Ireland towards the satisfaction of such as in our said Declaration are expressed you are therefore to take care that the said Moneys and Rents be paid unto such persons as We shall particularly appoint to receive the same who are hereby Authorized and impowered from time to time by Proclamation or otherwise to cause publick notice to be given to the respective Adventurers Souldiers and others who are to pay the said moneys of the manner place for payment thereof And if any Adventurer Souldier or other person shall refuse or neglect to pay his or their moneys in way or manner and at the place so to be appointed the Lands Tenements and Hereditaments of such person so failing shall be seized into Our Hands and so continue for Security and Satisfaction of the said several Rents And the said Souldiers are to pay the said moneys unto such persons as We shall appoint to collect and receive the same who are to pay over the same unto Our Right Trusty and well Beloved Cousin and Councellour Arthur Lord Viscount Valentia Our Vice-Treasurer of that Our Kingdom who is hereby required to issue forth the same according to such Warrants or Orders as he shall from time to time receive from any five or more of You as aforesaid for and towards the Satisfaction of the aforesaid Arrears And to the end Our said Vice-Treasurer may know what sums of Money he is to receive all Acquittances given by those appointed to collect and receive as aforesaid are to be entered and signed by the several Officers of the Exchequer in the accustomed manner for Acquittances You are also from time to time to take a perfect Accompt from such persons so to be imployed of all the particular Receipts payments relating to the premisses which Accompts so taken are to be kept in a fair Book and returned into Our Court of Exchequer that so they may be ready to be produced for the Satisfaction of such as may be concerned therein Before you admit any Deventure of any Officer who hath Arrears satisfied since June One Thousand Six Hundred Forty Nine You shall satisfie such whose Arrears You shall state and such whose arrears are stated and have not received Satisfaction for their Service before or since June One Thousand Six Hundred Forty Nine twelve Shillings and six Pence in every Pound of their said arrears and then out of the remaining Security as far as it will extend you are to satisfie the remaining part of the arrears of
to them and every of them their sufficient Warrant and Discharge And whereas we not apprehending that we should arrive at a Settlement of Our Kingdom of Ireland so soon and with so general Satisfaction to all Interests as we have done did upon the petitions of several persons asserting their Innocence grant Our Letters for the re-possessing such Petitioners of their former Estates or any part thereof which Letters may possibly not answer to Our said Declaration and Instructions which now We look upon as the positive and fundamental Rule for the Settlement of that Our Kingdome the Chief Governour and Governours of that Our Kingdom for the time being and Our Privy Council there are therefore in executing the contents of such Our Letters to observe the same as they shall fall under Our several Rules in Our said Declaration and agreeable to the same and as in these Our Instructions are more particularly expressed and not otherwise For your pains and labour herein and for the pains and labour of such Sub-Commissioners as you shall imploy as aforesaid We do hereby authorize you to ask demand and receive from every Adventurer Souldier or other persons his or their Heirs or Assigns now in possession or to be put in possession of any Houses Lands Tenements or Hereditaments one penny for every Acre of land as admeasured assigned or set out to him or them for ascertaining their respective possessions and likewise for every one to be reprized an Estate worth Twenty Pounds per annum the sum of Ten Shillings and after the same Rate for greater or smaller Reprizes and for every Certificate for Lands to be possessed the sum of Ten Shillings and one penny in the pound for every Debenture that shall be satisfied by you and for the Clerks and Officers to be imployed by you and the contingent Charges relating thereunto that the same be paid out of the moneys that shall be received of the Rents due and payable out of the Securities appointed for the Officers before One Thousand Six Hundred Forty and Nine In the ascertaining stating and setling of any sum or sums of Money Debentures Certificates or Decrees for Arrears Adventures publick Debts Reprizes or other allowed Interests pursuant unto Our said Declaration You are to strike off and deduct all Fractions of odd Pounds Shillings and Pence and likewise in the ascertaining and setting out of the respective Proportions of Lands which shall be setled or granted in satisfaction of any of the aforesaid Interests You are to strike off and deduct all Fractions of odd Acres Roods and Pearches taking care that there be not above the one hundred part of any such sum or sums of Money or proportions of Lands respectively deducted from any one person without his own consent and that you do keep an exact and particular accompt of all the said Deductions in Money or Lands and cause the same to be satisfied as intirely as may be in such convenient proportions and in such places as the chief Governour or Governours of Our said Kingdom for the time being shall appoint which proportions are to be reserved to be disposed of unto such use or uses as We Our Heirs or Successors shall appoint The aforesaid Adventurers and Souldiers being satisfied and the Reprizes made and the several business finished as before is directed you are to deliver up your Books not before in these Instructions otherwise disposed of unto Our Auditor General of that Our Kingdome of Ireland and Duplicates of the same to Our Surveyor General in their Offices to remain as of Record In the management of which said Trust you are from time to time as the case shall require to give an accompt to Our Chief Governour or Governours for the time being and Our Council in Ireland of your Proceedings and to observe and follow such further directions as you shall from time to time receive from Vs or from them pursuant to this Act. And for the more due and impartial execution of Our said Declaration and these Instructions it is Our will and pleasure That no Commissioner or other person imployed acting in this Service shall till the Work be finished purchase by themselves or others in their behalf or to their Vse or in Trust for them or any of them any of the Lands Tenements and Hereditaments that are to be setled confirmed reprized or restored by virtue of Our said Declaration but shall before they enter upon this Trust respectively give in Lists under their Hands of such Lands Tenements and Hereditaments as they are Intituled to or possest of to the Lord Lieutenant or other Chief Governour or Governours and Council for the time being who are to take care for the observing this instruction And you are hereby further required to Reprize John Lord Viscount Massareene and his Heirs with an Estate of like yearly Rent in the Province of Leinster to that of which he stands seized in the Barony of Dunluce in the County of Antrim and to cause Our Letters dated the Eighteenth day of December One thousand six hundred and Sixty and the Fourteenth of August One thousand Six hundred Sixty and one to be put into speedy execution for the full satisfaction of the said Lord Massareene to all intents and purposes which being done you are then to cause the said Estate whereof the said Lord Massareene is seized in the Barony aforesaid to be delivered to Daniel O Neil Groom of Our Bed-Chamber in satisfaction for an Incumbrance of a much greater value wherewith the Barony of Dunluce set out to the Adventurers stands charged for the behoof of the said Daniel O Neil And for the better satisfaction of the Lord Massareene for the Estate of Henry O Neil of Killelaugh in the County of Antrim Esq which he is also to part from You are likewise out of the Forfeited Lands in the County of Dublin to Reprize the said Lord Massareene and his Heirs with an Estate of equal value worth and purchase to that which the said Lord Massareene stands now seized of and which did formerly belong to the said Henry O Neil to hold to him the said Lord Massareene and His Heirs which being done you are then to deliver to the said Henry O Neil the Estate formerly belonging to him whereof the said Lord Massareene is seized as aforesaid as an Adventurer Nevertheless the said several Adventurers shall be subject to such Deductions as other lands according to the Rules of His Majesties Declaration and Instructions and this present Act reserving alwayes liberty and licence to the said Lord Massareene to place and be satisfied on the said deductions such sum of Money as the deductions before mentioned shall amount unto out of what shall be due to him for deficiencies Incumbrances or Arrears before the year One thousand Six hundred Forty and Nine the Arrears to be in such case and manner and at such Rates as are allowed to others before the said year One thousand Six hundred
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
One thousand Six hundred Forty nine in the Counties of Wicklow Longford Donnegal Leytrim the Mile-Line in Connaught and Clare and the Houses in the Cities Walled Towns and Corporations in Ireland It is Enacted and be it Enacted That all such persons and all and every the Heirs Executors Administrators and Assigns of such persons who have lent Mony or furnished any Provisions Clothes Armes or Ammunition for the Support of the Army in Ireland before the Sixteenth of September One thousand Six hundred Forty three shall be satisfied their just Debts of the aforesaid Securities And be it further Enacted That all such Persons their Heirs Executors and Administrators who have entred into Bonds or given any Security by Bills of Exchange or otherwise for the Debts afore-mentioned shall be in the mean time till Satisfaction be made and granted as aforesaid saved discharged and kept harmless and not liable to any Suit or Prosecution against them or any of them their Heirs Executors Administrators or Assignes respectively Provided alwayes and it is hereby Enacted That the Town and Lands of Ballyanin Garriduff East Ballivodicke West Ballivodicke and West Ballintobride in the Barony of Barrimore and County of Corke set out and disposed to Sir St. John Brodericke Knight in the year of Our Lord One Thousand Six Hundred Fifty Four and now in his possession shall be and are hereby vested in and settled upon the said Sir St. John Brodericke his Heirs and Assignes for ever by and under such Tenures Rents and Services as are appointed by Your Majesties said Gracious Declaration and this Act for Lands set out in the Province of Munster in Satisfaction of Arrears for Service in Ireland Provided nevertheless and it is hereby Declared and Enacted That Your Majesties Lieutenant Deputy Iustices or Iustice or other chief Governour or Governours of this Kingdom for the time being shall and may and hereby are impowred and authorized to apportion and divide from time to time the cost and charges which have been or shall be necessarily expended by the Commissioners or others in for and concerning the Execution of the said Declaration that the same shall be equally satisfied by the whole Adventurers Officers and Souldiers that have or shall have Lands for Adventures or Arrears either before One Thousand Six Hundred Forty Nine or since without any Distinction and that the Officers who served in Ireland before the Fifth of June One thousand Six Hundred Forty Nine or their Securities he not charged with more then their â—ateable Shares and due Proportion any thing herein formerly mentioned to the contrary thereof notwithstanding And whereas the Committee of Adventurers sitting at Grocers Hall London for the better management of their affairs in relation to their Adventures are necessitated in Order thereunto to endeavour the raising of a considerable sum of money of and from the said respective Adventurers as well for paying of the Debts already contracted as for the defraying the publick Charges for the better carrying on of the said Service for the future and for as much as some of the said Adventurers may prove to be refractory in paying and allowing their reasonable proportions of money towards the Charges aforesaid It being nevertheless expedient that a Service of such publick and common advantage should be equally born and paid by all persons concerned therein according to their respective Interests Be it therefore further Enacted by the Authority aforesaid That every of the said Adventurers their Heirs or Assignes whose Estates are to be confirmed pursuant to your Majesties said Gracious Declaration shall allow satisfie and pay such sum and sums of money as the said Committee or any five or more of them shall think sit and appoint for the carrying on of the said Service such sum and sums of money not exceeding Two Pence in every Twenty Shillings adventured by such Adventurer and in default of such appointment That Two Pence in every Twenty Shillings adventured by such Adventurer be raised and levied and that the same shall be paid to Erasmus Smith Esq Martin Noel of London Esq William Barker of London Esq Thomas Gower of St. Mary Woll Church of London Esq Edward Smith of St. Mary Overies Esq and Hugh Ratcliffe of St. Martins Esq or to such person or persons as they the said Committee of Adventurers sitting at Grocers Hall or any five or more of them from time to time shall direct and appoint and in default of payment thereof it shall and may be lawful to and for the persons aforesaid or any of them or such other person or persons as they shall direct or appoint to leavy by Distress and Sale of the Goods and Chattels of such persons so making default double the sum in arrears rendering the Over-plus to the party distrained And whereas Sir Francis Willoghby Knight lately deceased by the Tyranny and Oppression of the late Vsurpers was in his life time cast out of all Commands in this Kingdome and enforced to give up all his Debentures and Warrants of full pay for his Service in Ireland before the year One Thousand Six Hundred Forty Nine they assigning him only Two Thousand Acres in the County of Clare for Two Thousand Pounds in full Satisfaction of his whole arrears Be it hereby further Provided and Enacted by this present Parliament and by the Authority of the same that no less prejudice or damage whatsoever shall arise to or befall Dame Elizabeth Willoghby the Relict and sole Executrix of the said Sir Francis Willoghby for or by reason or in respect of her said Husbands necessitated accepting of the said Lands in the County of Clare in Satisfaction of all his said Debentures or Warrants of full Pay in manner as aforesaid other than the abating out of his whole arrears the aforesaid sum of Two Thousand pounds and the Issues of Profits of the said Lands and Tenements since the time of the said abatement and acceptance had and received But as to the residue of the said arrears due unto the said Sir Francis Willoghby before the Fifth of June One Thousand Six Hundred Forty Nine for his Service in Ireland the said Dame Elizabeth Willoghby and her Assigns according to Your Majesties Gracious Intentions declared by Your Letters of the Thirtieth of March One Thousand Six Hundred Sixty One in her behalf shall be admitted and accepted to have ask demand and receive as full and ample Satisfaction for the same out of the Securities by this Act set apart for satisfying the arrears of the Commissioned Officers before the Fifth of June One Thousand Six Hundred Forty Nine to all intents and purposes as if she were to that end named provided for and saved in Your Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty and as any Commissioned Officer or Officers whatsoever who served in Ireland before the year One Thousand Six Hundred Forty Nine and hath hitherto received no part of satisfaction for such his
Our Lord God One Thousand Six hundred Forty One and out of which or any part thereof they or any of them through the fury and violence of the late times have been since dispossessed be forthwith restored setled and delivered into the quiet and peaceable possession of the respective Archbishops Bishops Deans Deans and Chapters and other Ecclesiastical person and persons and their Successors Saving to all and every person and persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successours of every of them other than such person and persons their Heirs Executors Administrators and Assignes who are not or shall not according to the Qualifications in this present Act be adjudged innocent Papists A liberty to implead sue for and recover by due course of Law any Right Title Claim and Interest which they or any of them lawfully have or of right ought to have in all or any part of the said restored Manors Lands Tenements and Rents any thing in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every Lease and Leases set or demised for any certain term of years yet unexpired by any Arch-Bishop Bishop Dean Dean and Chapter or other Ecclesiastical person or persons or their Successors in their politick capacity of any Lands Tenements or Hereditaments so unto them belonging or appertaining and that are by this present Act forfeited or vested in His Majesty that all and every such Land so forfeited and the remainder of the term of years yet to come and unexpired of such Lease or Leases shall be and are hereby given assigned assured and confirmed unto the respective Sees or Bodies Politick to whom the reversion after such Lease or Leases do or shall of right belong except and always reserved out of this Act the remainder of the term of years yet in being upon any such forfeited Lease or Leases of any of the Lands before mentioned or intended which lye within such parts of the Counties of Wickloe Longford Leitrim and Donegal and the of Mile-Line as are by this present Act assigned unto the Officers that served before the Fifth of June One thousand six hundred Forty nine they and their respective Executors Administrators and Assigns paying such Rents and performing such Covenants to the said respective Sees Reversioners as the several Lessees in such respective Leases paid or ought to have paid in the year One thousand six hundred forty one during their respective terms unexpired excepting also all forfeited Leases that exceeded the term of sixty years of any Chauntry Lands or Houses lying within the security of the said Officers who served His late Majesty before the Fifth of June One thousand six hundred Forty nine and were not surrendred nor sentenced to be surrendred to the Church in or before the years One thousand six hundred Forty or One thousand six hundred Forty one the remainder of which term unexpired is to be esteemed as part of the security of the said Officers they paying and performing during the respective terms yet unexpired all such Rents and Duties unto the respective Sees or Churches from which those Leases were held as were paid or performed or ought to be paid and performed in the year One thousand six hundred Forty one or Two Shillings in the Pound at the Improved value to be ascertained as aforesaid at the Election of the Bishop of the Diocess And be it further Enacted by the Authority aforesaid That out of the Lands Tenements and Hereditaments belonging to any Arch-Bishop Bishop Dean Dean and Chapter or other Ecclesiastical person or persons or to his or their successors in their politick capacity which have been by them or any of them granted or conveyed in Fee-farm under the reservation of any Chiefâ—y Rent or other Duty or service and by this Act are forfeited and vested in His Majesty his Heirs and Successors such a proportion of them be allotted and set out for the better Support and Maintenance of such Arch-Bishops and Bishops their and every of their Successors as are hereafter particularly named which shall be and are hereby given assured and confirmed unto them and every of them their and every of their successors for ever that is to say To the most Reverend Father in God James Lord Arch-Bishop of Dublin and his successors Arch-Bishops of Dublin for ever so much of the said forfeited lands as shall make up the Rent of that Arch-bishoprick and the Bishoprick of Glendelough thereunto united of the clear yearly value of Two thousand Pounds Sterling over and above the Mansion House and Gardens of Sepulchers in and near Dublin and Demeasne Lands of the Manor of Tallaght and the Mensal lands thereunto belonging To the right Reverend Father in God Thomas Lord Arch-Bishop of Cashel and his successors for ever Three hundred Pounds Sterling per annum To Thomas Lord Bishop of Kildare and his successors for ever Seven hundred Pounds Sterling per annum To William Lord Bishop of Clonfert and his successors for ever Two hundred Pounds Sterling per annum To Robert Lord Bishop of Fern and Loghlin and his successors for ever Three hundred Pounds Sterling per annum To Edward Lord Bishop of Limrick and his successors for ever Three hundred Pounds Sterling per annum To Griffith Lord Bishop of Ossory Four hundred Pounds Sterling per annum To Edward Lord Bishop of Killalow and his successors for ever Two hundred Pounds Sterling per annum And to the Provost of Trinity Colledge near Dublin out of the forfeited lands in the Arch-Bishoprick of Dublin and to his successors for ever the sum of Three hundred Pounds per annum And be it also further Declared and Enacted That if in every of the said Arch-Bishopricks and Bishopricks there be of the said forfeited lands sufficient to set out to every such Arch-Bishop and Bishop their respective proportions of lands within their own Bishopricks that then it shall be so set forth unto them and if there be not sufficient therein that then such Arch-Bishoprick and Bishoprick as is deficient shall have so much lands more set out and allotted unto it out of the forfeited lands belonging to the Bishopricks that do superabound and which is most contiguous and convenient as will make up such deficiency in proportion to the values aforesaid And for the setting out of the said Lands with most conveniency to every Bishoprick as is aforesaid or Provostship and the valuation of them Be it also hereby Declared and Enacted That the same shall be performed and done in such way and manner as the Lord Lieutenant or other Chief Governour or Governours of this Kingdome for the time being shall prescribe and direct before any part of the said lands be otherwise disposed of And that out of all and every the said lands so to be set out the same Rent is and shall be reserved and payable to His Majesty as by this present Act is reserved
lie most contiguous unto the Fort of Duncannon which lands so as aforesaid to be set out shall be reserved unto his Majesty his Heirs and Successors to the intent that the Rents Issues and Profits thereof may for ever be imployed for and towards the better support and maintenance of the Fort aforesaid and all and every the Adventurers and Souldiers and other reprizable persons to whom any of the said Lands so as aforesaid to be set out have been heretofore allotted or disposed shall be forthwith reprized out of some other forfeited lands of an Estate of equal value worth and purchase any thing herein before contained to the contrary notwithstanding Provided alwayes and be it further Enacted That all and singular the forfeited Messuages Manors Lands Tenements and Hereditaments whereof Henry Jones Lord Bishop of Meath or any other person or persons in Trust for him or to his Vse were seized or possessed on or before the Nine and Twentieth day of May One thousand six hundred and sixty shall be and are hereby vested and setled in and confirmed unto the said Henry Lord Bishop of Meath in his natural capacity and shall be held and enjoyed by him the said Henry Lord Bishop of Meath and his Heirs subject to the like Rents Tenures and Payments as any Adventurer for lands in the Province of Leinster ought to be and in case any of the forfeited lands hereby vested in the said Lord Bishop of Meath did heretofore belong to any restorable person other than innocent persons that then and in such case no restitution shall be made until the said Henry Lord Bishop of Meath be first reprized with an estate in value worth and purchase equal to that which ought to be restored any thing in this Act to the contrary notwithstanding Provided alwayes and be it Enacted and Declared by the Authority aforesaid That nothing in this Act contained shall extend to the disposal of any lands tenements or hereditaments whereof the Provost Fellows and Scholars of the holy and individed Trinity near Dublin of the Foundation of Queen Elizabeth were seized in Fee in the year One thousand six hundred forty one and are now in their actual possession but that the said lands tenements and hereditaments together with the Right Title and Interest of all and every person and persons to any of the said lands tenements and hereditaments which they held by virtue of any Grant Lease or Fee-farm from the Provost Fellows and Scholars of the said Colledge and which is forfeited to his Majesty by the late Rebellion shall remain and are hereby granted and confirmed to the said Provost Fellows and Scholars and their Successors for ever paying for the same such Rents as Adventurers ought to pay for lands within the Provinces where the lands hereby granted and confirmed lye any thing in this Act contained to the contrary thereof in any wise notwithstanding And whereas there are Fees claimed to be due to Sir Audley Mervyn Knight Speaker of the House of Commons Sir George Lane Knight Clerk of the House of Lords Philip Fernly Esq Clerk of the Houss of Commons and other Attendants on either of the said Houses out of every Bill past in Parliament wherein or whereby any person or persons Bodies Politick or Corporate receive any Grant of or restitution to any forfeited lands tenements or hereditaments to them or any of them their Heirs and Successors being particularly Named or included in the said Bill Be it therefore Enacted by the Authority aforesaid That the ascertaining the respective Fees payable by the said persons Bodies Politick and Corporate not particularly named by this Act though included therein both as to the sum and sums and the way time manner and paying thereof be and is hereby left to the consideration of the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being after Advice therein had with both Houses of Parliament there and what Order or Orders shall be by them after such Advice resolved upon and recorded in the High Court of Chancery shall be as good effectual and binding to all intents and purposes for the demanding Levying and Payment of the said Fees to the persons aforesaid their and every of their Executors and Assigns as if the said Order or Orders were particularly and distinctly set down and expressed in this present Act. Provided also that any thing in this Act contained shall not avoid the grant of a Remainder of a term of years in certain Lands Tenements and Hereditaments lying in the Parish of Finglasse and County of Dublin forfeited by William Hewlet and passed by Letters Patents under the Great Seal of this Kingdome to Sir Timothy Terril Knight but the same are hereby confirmed for and during the term aforesaid to the said Sir Timothy Terril his Executors Administrators and Assigns Provided also and be it further Enacted by the Authority aforesaid That neither this Act nor the Act enabling Ecclesiastical persons to make Leases for Sixty years for the encouragement of Planters nor any matter or thing contained in either of them shall prejudice the Right Title or Interest of Richard Earl of Cork or of Michael Lord Bishop of Cork in or unto the Town and Lands of Ballymulcask in the County of Cork but that the same may continue and be in such state and no other as if the said Acts or either of them had never been made any thing in this Act or the said other Act notwithstanding Provided alwayes and be it further Enacted by the Authority aforesaid that Randal now Marquess of Antrim shall be restored to all and singular the Manors Lands Tenements and Hereditaments whereof he or any other in Trust for him stood seized or possessed upon the Three and Twentieth day of October in the year of Our Lord One thousand Six hundred forty one in such manner and form and according to such order and method and no other as the Lord Viscount Nettervil and the Lord Viscount Galmoy and the rest with them in the Declaration herein before mentioned ought by virtue of the said Declaration and this present Act to be restored to their respective Estates any thing herein contained to the contrary in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the sum of Eight thousand Pounds Sterling shall be fully satisfied and paid at such times and in such way as your Majesty or your Successors shall appoint or direct unto Sir James Shane Knight his Executors Administrators or Assigns for and in recompence of his Estate in the half Barony of Irris which by this Act is absolutely vested and continued in your Majesty your Heirs and Successors and that in the mean time until the same be fully satisfied Arthur Earl of Anglesey you Majesties Vice-Treasurer and Receiver General or any other Vice-Treasurer or Receiver General of this Kingdome that hereafter shall be and is hereby Authorized and required
from time to time out of the acâ—ruing Rents Issues Fines and Profits which shall come into the Receipt of your Majesties Exchequer for or by reason of the licencing or permitting the Sale of Wine Aqua-vitae or Strong-waters or any of them by Retail in this Kingdome pay or cause to be paid without further delay Order or Directions unto the said Sir James Shane his Executors Administrators or Assigns half yearly every Michaelmas and Easter the currant Interest of the said Eight thousand Pounds or so much thereof as shall remain unsatisfied the first payment of the said Interest money to be made at Michaelmas One thousand six hundred sixty two and that the said Sir James Shane his Heirs and Assigns shall have and enjoy the full benefit and advantage and effect of your Majesties Gracious Letters under your Royal Signet bearing date the Twenty fifth day of March One thousand six hundred sixty two in the Fourteenth year of your Reign for granting of several houses and lands unto him his heirs and assigns in satisfaction of Adventures and other Interests according to the Rules of the said Declaration so far forth as the Lord Lieutenant or other chief Governour or Governours of this Kingdome for the time being shall judge the several matters and things therein contained to be consistent with your Majesties said Declaration excepting only what relates unto his said Estate in Irris any clause proviso sentence matter or thing whatsoever in this Act contained in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That the Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being by and with the consent of the Privy Council shall have full power and authority out of the Lands Tenements and Hereditaments vested by this Act in his Majesty and which shall be setled or restored by virtue thereof to settle such a yearly allowance for ever not exceeding one Thousand Pounds Per Annum for the founding erecting and endowing of Hospitals and Work-houses for Souldiers maimed or wounded in the Service of Ireland and in case of deficiency of such persons then towards other publick and pious Vses in such manner and in such places as they shall think most equal and fit Provided also That whereas such Papists as by special Grace are restorable unto their Estates by this Act ought in some measure to manifest their gratitude unto Your Majesty for the Happiness and advantage which they enjoy by Your Majesties wonderful Restauration and thereby the better enable your Majesty to restore or satisfie divers persons who have suffered much in Your Majesties Service and for want of Reprizals may not be restored to their Estates Be it Enacted by the Authority aforesaid that it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being to charge for the use of Your Majesty the Estates of the persons so restorable not exceeding the proportions following viz. All Papists who took no lands in Connaught one half years value and such as took lands in Connaught one years value of the Estates unto which they are or shall respectively be restored what they shall be so charged with to be paid in the same manner and proportion as the respective sums payable by the Adventurers or Souldiers are made payable by this Act and that the same shall be paid unto the Receipt of his Majesties Exchequer to be disposed of for satisfying the said unrestored persons or for the buying and purchasing of Reprizes Adventures Arrears Incumbrances or other allowed Interest confirmed by this Act from such person or persons as shall be willing to sell their respective Rights thereunto whereby the Lands designed for Reprizals may the better hold out to answer the ends of Your Majesties said Declaration any thing in this Act notwithstanding Provided also and be it further Enacted by the Authority aforesaid That in case Reprizals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof cannot or shall not obtain or receive the full Benefit intended them then it shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council for the time being and they are hereby authorized to order appoint and make distribution amongst them of the Satisfaction or Restitution allotted them in such proportions and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned nevertheless according to the Rules and Directions of the Declaration concerning them in all other points and particularly in that of previous Reprize or Reprizals which Order and Appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the Execution of this Act any thing therein contained to the contrary in any wise notwithstanding Provided always and be it hereby further Enacted That all such Castles Manors Lands Tenements and Hereditaments in the County of Sligo as have been purchased by Sir Philip Percivall Knight deceased or any other person or persons in trust for Thomas late Earl of Strafford and Sir George Ratcliffe Knight deceased or either of them and their Heirs or the Heirs of either of them and whereof they or either of them or any other person or persons to their or either of their uses or in trust for them or either of them were seized or possessed at any time before the Three and Twentieth day of October One thousand Six hundred Forty one shall be and are hereby vested in his Majesty his Heirs and Successors and so remain and continue until the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being and the Council there shall upon hearing of the said Purchasers their Heirs or Assigns and the Heirs and Assigns of the said late Earl of Strafford Sir George Ratcliffe and also upon hearing of the persons their heirs or assigns who sold the premisses or any part thereof declare and adjudge whether the same do belong to Sir Philip Percivall his heirs or assigns in trust for William Earl of Strafford and Thomas Ratcliffe or either of them or to any other person or persons his or their heirs or assigns of whom the same are pretended to be purchased as aforesaid which Declaration and Iudgement shall be as good and effectual in Law to all Intents and Purposes on behalf of the person or persons for whom the same shall be made as if the same had been particularly Enacted by these presents any Distribution or Allotment thereof during the late times of Vsurpation to any Adventurer or Souldier any defect of Conveyance or Assurance to the said Sir Philip Percivall or other the Trustees of the late Earl of Strafford and Sir George Ratcliffe any Right or Title in his Majesty by virtue of the Office or
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
Lieutenant Edmond O Molloy Ensign Alexander Mac Donnel Captain Edward Sartfield Lieutenant James Enis Ensign Phellem Dempsey Captain Bryan Fitz-Patrick Lieutenant Jeffery Fitz-Patrick Lieutenant Miles Bremmingham Ensign Connor Mac Gwier Captain Hugh O Conner Dun of Balin Tober Lieutenant Robert Misser Ensign John Ferral the Lord Viscount Iveagh Lieutenant Henry Tute Ensign Phellim Curtane Captain Walter Phillips of Clunmore Ensign Hugh O Conner Captain Dudley Costello Lieutenant Roger O Conner Captain Gerald Dillon of Portleck Lieutenant John Dillon Ensign Robert Dillon Captain Mathew Moony Lieutenant John Flanelly Ensign Owen Sullivane Adjutant Roger Brenane Adjutant John Dillon Anthony French Iudge Advocate Sir Uillick Bourk Knight and Baronet of Glinsk in the County of Galway Captain Fran Berne of Rodin in the County of Roscomon Captain Hugh Oneile of the Province of Ulster Captain Phelim Mac Genis of the said Province Captain Hugh Omeignine Captain Theobald Dillon of Bracklon in the County of Roscomon Captain Mâ—â—tagh Clanchy of Castlekeale in the County of Clare Captain Cun O Neile of Ardgonel in the County of Armagh Lieutenant William Bourke of Turlagh in the County of Mayo Lieutenant John Mac Donough of Cusca in the County of Sleigo Captain John Caesy Lieutenant Brian Mac Genis of the Province of Ulster Ensign Brian Mac Genis of the said Province Ensign Lowys Mac Dowel of the County of Roscomon Ensign Thomas Birne of the said County Ensign William Talbot of Hagertown in the County of Lowth Ensign Roger O Malreanin of Tully Mulreanin in the County of Roscomon Ensign Owen O Keny of Clanboren in the County of Galway Lieutenant Patrick Clenton of the County of Lowth Lieutenant Michael Mac Donagh of Coloony in the County of Sleigo Charles O Flyne of Celtabar in the County of Roscomon Nicholas Walsh Esquire of Traly in the County of Kerry Francis Coghlane of Belclare in the Kings County Henry Birne of Dangan in the County of Roscomon Patrick Mac Gwire of Balykilcuny in the County of Ineskilyn John Brady of the County of Cavan Colonel Richard Grace Lieutenant Colonel Charles Molloy Colonel Wil. Bourke Captain Stephen Molloy Captain Edmund Fitz Patrick Captain Art Mac Terlogh Molloy Capt. John Caroll Capt. Neal Morris Capt. William Dullany Capt. Edmund Bourke Captain Owen Flattery Captain Walter Walsh Captain Walter Butler Capt. Teige Carol Capt. Gerrot Aylmer Capt. William Mac Redmund Bourke Capt. Theobald Butler Capt. William Stapleton Capt. Philip Kennedy Capt. James Devin Capt. Art Molloy Lieute Patrick Dallachanty Lieut. John Molloy Lieut. Brian Flattery Lieut. Alexander Dalton Lieut. John Mac Gerrot Molloy Lieut. Symon Coghlane Lieut. Daniel Kennedy Lieut. Edward Molloy Lieut. Nicholas Sweetman Lieut. James Hynane Lieut. Oliver Grace Lieut. James Cummerford Lieut. Thurlogh Carrol Lieut. John Molloy Lieut William Fogurthy Ensign Anthony Gosse Ensign Fanagh Molloy Ensign William Tute Ensign Christopher Russel Ensign Owen Gilmer Ensign Richard Coddy Ensign Daniel Higgen Ensign Will. Carrol Ensign John Fitz Patrick Ensign Eneas Reardan Ensign _____ Kelly Ensign Piers Walle Ensign John Pyndergast Ensign Teige Carrol Ensign Thomas Butler Col. Hoyle Walsh of Ardery in the Barony Iverke in the Countie of Kilkeny Col. Wil. Brown of Balrankan in the County of Wexford Major Oliver Fitzharryes in the County of Limreik Capt. Robert Walsh of Borredstown in the Barony of Knocktofer in the Countie of Kilkeny Captain Therlagh Molloy in the Barony of Balyboy in the Kings County Capt. Nicholas Plunket of Dunsoghly Lieut. John Meagher of Grange in the Barony of Ikerin in the County of Tipperary Henry Rochford of Kilbred in the County of Kildare Col. Lewis O Farrol Sir Connel Farrol of Tirlickin in the County of Longford Kt. Lieut. Col. Capt. Terence Feral of the County of Longford Capt. Faghna Feral of the said County Capt. Charles Kelly of Skryne in the County of Roscomon Capt. John Mac Rory Farel of the County of Longford Charles Feral of the said County Capt. Jasper Tute of the County of Westmeath Lieut. Farriagh O Hanly of Slewbane in the County of Roscomon Lieut. Morogh O Flaherty of Uma in the Barony of Balenehenzey in the County of Galway Capt. Bryan Lennan of Fale in the County of Antrim Lieut. Con Mac Gennis of Iveagh in the County of Down Ensign Andrew Fallon of Miltown in the County of Roscomon Capt. Tiege O Flaherty Col. George Cusack Col. Piers Lacy of the Broof in the County of Limrick Capt. James Weldon Lieut. John Talbot of Belgard in the County of Dublin Mr. Christopher Russel of Seaton in the same County Mr. Wil. Talbot of Hagerstown in the County of Lowth Mr. Thomas Cusack of Carick in the County of Kildare Mr. Harald of Kilnekeuge in the County of Dublin Capt. Wil. Skelton Terence Molloy of Gortachutrey in the Kings County James Eustace of Culadain in the County of Wexford Owen Waddrick of Kilchecle in the County of Wexford Arthur Linch of _____ in the County of Meath Roger Duygin of Corr in the Kings County Lawrence Bellew of _____ in the County of Lowth And though some not sensible of the great perplexities We have laboured under to reconcile these Iarring Interests may infer That where We judge persons sitting to be restored to their Estates yet the limitation of a previous Reprizal may Eclipse much of Our Grace To this We say That the laying of the Foundations is not now before Vs when We might design the Model of the Structure answerable to Our own thoughts And how hard it would be that the English after so many expensive difficulties in Suits of Law and finding several Officers in Order to get the present possession they enjoy And that after so many thousands of Families who have sold their Interests in England have transported and settled themselves in Ireland and have made great improvements in Buildings and otherwise should in the Interval of these accommodations Reprisal not being first provided for be dispossessed of their Houses and their Stocks the sole subsistance of them and their Families exposed to certainty of loss though greater inconveniencies We pretermit may easily be judged To this We might adde That since the persons of the Irish for whom we do hereby intend satisfaction are such who have been abroad with Vs who probably being not furnished with Stock and other Provisions may with less inconveniencies wait for a Reprizal than to dispossess others especially since we are fully assured that a very short time may and will Assign them their respective Reprizals there being so good and large a proportion of undisposed Forfeited lands in Our Power reserved for this purpose and We doubt not but the persons most concerned in this supposed prejudice throughly weighing these inconveniencies and that they will be but of a short duration and how great and reasonable a dissatisfaction a contrary acting in Vs will produce will acquiesce therein by such a forbearance lay the Foundation of a good Vnderstanding between themselves those other their fellow-subjects who are