AN ACT For the better Execution of His MAJESTIES GRACIOƲS 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 [...]OIT QVI MAL Y PENSE’ ‘DIEV ET MON DROIT’

DƲBLIN, 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 [Page 2] 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 [Page 3] 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 [Page 4] expressed: And forasmuch as the Rapines, Depredations and Massacres committed by the said Irish and Popish Re­bels & Enemies, are not only well known to this present Par­liament, but are notorious to the whole World; notwith­standing the many means and artifices which for many years together, have been used to murther such witnesses, suppress such evidences, and also to vitiate and imbezle such Records and Testimonies, as might prove the same against particular persons; and lastly, for that the said Rebels since their throw­ing off your Royal Fathers and your Majesties Government, are become subdued and conquered enemies, and have justly forfeited all their Rights, Titles and Estates in this King­dom: It is therefore Enacted, and be it Enacted by your most Excellent Majesty, with the consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority thereof, That all Honors, Manors, Castles, Houses, Places, Lands, Tenements and Here­ditaments, Right, Title, Service, Chiefry, Vse, Trust, Condi­tion, Fee, Rent-Charge, Chattels real, Mortgage, Right of Redemption of any Mortgages, Recognizance, Iudgements, Forfeitures, Extent, Right of Action, Right of Entry, Sta­tute, or any other Estate of what nature or kind soever, in all and every the Counties, Baronies, Cities, Towns Corporate and walled Towns in this Kingdom, which at any time from and after the said 23. day of October in the year of our Lord 1641. were seized or sequestred into the hands, or to the use of his late Majesty King Charles the First, or of your most Gra­cious Majesty that now is, or otherwise disposed of, distribu­ted, set out, or set apart by reason of, or upon account of the said Rebellion or War, or which were allotted, assigned, gi­ven, granted, ordered, distributed, disposed, demised, set out or set apart, to or for any person or persons use or uses, for Adven­tures, Arrears, Reprizals or otherwise, or whereof his late Majesty, or your Majesty that now is, or any Adventurer, Souldier, reprizal person, or others respectively had and re­ceived the Rent, Issue or Profits, by reason or upon account of the said Rebellion or War, or whereof the Adventurers, Officers, or Souldiers now or formerly of the English Army in this Kingdom, or transplanted or transplantable persons, or any of them, or their or any of their Heir, Heirs or Assignes, or any other person or persons whatsoever upon account of the said Rebellion or War, were in seizin, possession or occu­pation by themselves, their Tenants, Agents or Assigns, on the Seventh day of May, 1659: or which were assigned, gi­ven, granted, laid out, set apart, or reserved for or towards the satisfaction of any the said Adventurers, Souldiers or o­ther [Page 5] 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 [Page 6] 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, [Page 7] 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, [Page 8] 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 [Page 10] 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, [Page 11] though attended with inconveniencie enough to themselves: Which demeanour of theirs, cannot but be thought very wor­thy of Our Protection, Iustice and Favour: And yet all these important considerations and obligations appeared so many contradictions to the present Interest of Our good Sub­jects in that Our Kingdome, who had at this time likewise merited very much from Vs, and for whose security and ad­vantage We held Our self obliged, to provide as well as for their Indempnity, and so the good Settlement of that Our Kingdome appeared much the more difficult unto Vs, and even lessened and abated much of that joy of heart We found Our self possessed with, for the great blessings We enjoy in the peace and quiet of this our Kingdome of England.

But We raised Our spirits again with the comfortable as­surance that God who had wrought so much for Vs in England would graciously bring his Work to the same perfection in Ire­land, & not suffer Our good Subjects to weep in the one King­dome, whilest they rejoyced in the other: And Our satisfacti­on was much increased, when upon conference with seve­ral of Our good Subjects (of that Nation) of Quality and Interest, who were concerned both as Souldiers and Adven­turers,

We found that they had a due sense of the Obligations which say upon Our Honour and Iustice; and were very willing, that We should comply with both, and that the Foundations of the Peace and Security of that Kingdom should be raised upon Our discharge of those Obligations; and after they had spent much time amongst others, who were as much, or more con­cerned than themselves, they freely consented to such conclu­sions as to Our understanding may reasonably take with all just Interests: And We cannot doubt but that all who have merited from Vs, will confess that We have been so far from being failing to them, that We have as well provided for them, as after so great Troubles and Confusions, and after such blessed Circumstances of Our Restaurat [...]on, they could reason­ably expect, and that they will patiently wait for further in­stances of Our Favour and Kindness towards them, from the Peace, Vnity, and Settlement of that Kingdome, and from their contributing to it by a full submission to these Our determinations herein, and hereafter more particularly ex­pressed and declared.

And therefore in the first place, in Order to a Settlement of that Interest claimed by the Adventurers, although the pre­sent Estates and Possessions they enjoy, if they were examined by the strict Letter of the Law, would prove very defective and invalid, as being no wayes pursuant to those Acts of Parlia­ment [Page 12] 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 Declarati­one and Proclamations concerning the Army, and of the full [Page 13] assurance of the forwardness and readiness of the said Army, and loving Subjects in Ireland to contribute, as in Duty bound, all that in them lay for Our Restauration, We are pleased of Our special Grace and Favour to Declare, and do hereby Declare, That all Officers and Souldiers, their Heirs, and Assigns, who have been, and are of the said Ar­my in Ireland, and to whom Lands have been given out in sa­tisfaction of their Arrears for their Service in that Our King­dome, and have by the general Convention of Ireland, or by a­ny other publick Act declared submission and obedience to Vs, according to Our said Declaration of the 4/14 of April last, da­ted at Breda, shall enjoy their respective Estates conferred on them for their Arrears, for Service in the Kingdome of Ire­land, according to their respective Possessions on the said Se­venth Day of May, One thousand Six hundred Fifty nine, in full satisfaction of all such Arrears, for which Lands were set out to them respectively as aforesaid; so that they, and e­very of them, having received an equal proportion with others in the like case, are, and shall be for ever barred from deman­ding or receiving any further satisfaction therefore, although they had allowance but for Thirteen shillings in the Pound, or thereabouts. Excepting alwayes out of all such Settle­ments to the said Adventurers and Souldiers, all and every such Estate, and Estates, wherein, or in procuring whereof, a­ny Bribery, Forgery, Perjury, Subornation of Witnes­ses hath been used or practised, as also such part of any Estate hereby declared to be setled as aforesaid, which by false or un­due Admeasurement hath been set forth, such Offence and Crime being discovered before the Twentieth day of Decem­ber, One Thousand Six hundred Sixty one. Excepting al­so the Estate of all and every such person, or persons, that is, or are excepted in one Act past this present Parliament at Westminster, Entituled, An Act of Free and General Pardon, Indempnity, and Oblivion. Excepting also all such Lands as are commonly called Church-Lands, whether the same belong to Arch-Bishops, Bishops, or other Ecclesiastical per­sons whatsoever, that have been set out to Adventurers, Souldiers, or others: Neither shall this extend to give any benefit to such person or persons, as have, or shall by any o­vert Act proveably done, or to be done by him, or them, subse­quent to Our Restauration, endeavour the disturbance of the publick Peace, or have manifested any aversion to Our Re­stauration and Government, it being but very reasonable that the Abusers of so much Mercy held forth by Vs, should not be partakers thereof. And excepting all such Estates, statutes, Mortgages, Iudgements, Leases, Lands, Tenements, [Page 14] and Hereditaments, and other profits and advantages, which have been decreed to any of Our Subjects by the respective Courts of Claims, and Court of Exchequer in Ireland, and the said Decrees not since reversed, although the premis­ses are yet possest, or witheld from those who have obtained the said Decrees by Adventurers, Souldiers, or others, to whom the same were set out, who are to be reprized in like manner as others provided for by this Declaration.

And whereas several legal Incumbrances do, and may rest upon the Lands set out to Adventurers and Souldiers as a­foresaid, We are pleased further graciously to declare, That the said Adventurers and Souldiers shall receive satisfaction out of the forfeited Lands in the County of Kildare, saving the Lands and Estate of Christopher Eustace, commonly cal­led Mad-Eustace, in the said County, or elsewhere, which it is Our Will and Pleasure be forthwith restored to him and his Heirs, for all Statutes, Recognizances, Iudgements, Mortgages, Dowers, Ioyntures, Lease for Life, or Lives, or for Years, Rent-Charge, or other such Incumbrances charged on their Estates, such Incumbrances being made ap­pear by the 22. of October, 1661. before such as shall be there­unto Commissioned with all convenient speed after this De­claration.

Being sensible, That several Officers who were engaged in Our Service in Ireland, and eminently acted and suffered therein, have by the partiality and injustice of the Powers then in being, received no satisfaction for the same, We are therefore further pleased graciously to declare, That all Com­missioned Officers, their Heirs, or Assigns, who were in Re­giments, Troops, or Companies, raised in Ireland, or transported out of England, and served Our Royal Father, or Our Self in the Wars in Ireland, at any time before the Fifth of June, 1649. other then those who have received Lands or Money, for their pay due unto them since the Fifth Day of June, 1649. shall be satisfied their respective personal Arrears out of the particulars following, viz.

Out of the forfeited Lands, Tenements, and Heredita­ments, undisposed of to Adventurers or Souldiers, in the Counties of Wickloe, Longford, Leytrim, and Donnegal: Out of all the Forfeited Lands, Tenements, and Heredita­ments, undisposed of in the Province of Connaught and County of Clare, lying within one mile of the River Shanon, (or of the Sea) commonly called the Mile-Line: Out of all the Houses and Tenements Forfeited in Ireland, in the seve­ral Walled Towns and Corporations, and Lands thereunto belonging, not already set out to the Adventurers or Soul­diers [Page 15] in satisfaction of Adventures and Arrears, satisfacti­on being first made to such Protestants, who on Leases, or Contracts for Leases, have built or repaired Houses, or plan­ted Orchards or Gardens, except the Houses, Tenements, and Hereditaments, in the Town of Wexford, already set out un­to Martin Noel, and John Arthur, and now in their possession, which shall be confirmed to them, their Heirs and Assigns, out of the benefit arising from the Redemption of Mortga­ges, Statutes, Staples, and Iudgements, where the Lands are not already disposed of to Adventurers or Souldiers. Ex­cepting alwayes hereout such Mortgages, Statutes, Iudge­ments, as any Forfeiting persons of Ireland hath, or had on the Estate of James Lord Marquess of Ormond, Lord Steward of Our Houshold, or the Lady Marchioness his Wife, out of one Years Rent and Profits of the Lands set out to the Offi­cers and Souldiers for their Arrears in the Year 1653. And likewise of the Army now in being, according as those respe­ctive said Estates yielded in the Year 1659. As also out of one year and a halfs Rent, and Profits arising out of the Lands for the Arrears of those Officers and Souldiers who were ordered, or received satisfaction for their said Arrears, in the Years, 1655, 1656, and 1657. according as the Estates yielded in the Year 1659.

And it is further Declared, That all Commissioned Offi­cers before One thousand Six hundred Forty nine, who have had no satisfaction in Lands, or otherwise, set out to them for Services, since One thousand Six hundred Forty nine, shall be immediately, out of the whole Security, that is a­bove assigned for satisfaction of Arrears before One thousand six hundred Forty nine, satisfied Twelve shillings Six pence in the Pound of what is due to them: And then the remai­ning part of all the said respective Securities to be equally divided amongst all and every the said Commissioned Offi­cers, who have any Arrears due for Services in Ireland, be­fore One thousand Six hundred Forty nine: All which Rents above said and profits, shall be paid in such way and manner, as shall be by Vs appointed: And also the said Houses, Lands, and Tenements, distributed and set out in such way and manner, as we shall appoint for the ends and uses aforesaid, the said Years Rent to be paid in the space of Two Years by even and equal proportions, half yearly; And the said Year and a halfs Rent in three years, by even and equal porti­ons half yearly: For which Service, as also for stating the Arrears of the Commissioned Officers aforesaid, not yet sta­ted, fit persons shall be speedily by Vs Authorized.

All which said Arrears, so to be stated, shall be stated before [Page 16] the Twenty nineth day of September, One thousand Six hundred Sixty one: And the several particulars for the a­bove security for Officers, serving before One thousand Six hundred Forty nine, shall be immediately put out of Charge in Our Court of Exchequer: Whereof Our Chief Baron, and other Our Ministers of the said Court, are hereby requi­red to take notice, and put the same in execution according­ly. And the said Securities are hereby committed and in­trusted into the hands of such persons for the uses aforesaid, As the Duke of Albermarle, General of all Our Armies, and the Lord Marquess of Ormond, Lord Steward of Our Houshold, by Vs hereby thereunto Authorized shal appoint, to be by them Let and set for the best advantage, and to the ends afore­said: And they are also to Assign sit and convenient Sala­ries for such persons as shall be imployed therein, The said Salaries to be assigned unto them out of the Profits of the said Securities.

That such Protestants, whose Estates have been given out for satisfaction of Adventurers or Souldiers, or otherwise dis­posed of to any other persons, shall be forthwith restored to their former Estates, and a Reprizal of equal Value, Worth, and Purchase forthwith Assigned to such Adventurers or Soul­diers, as shall be removed out of their said Estates. Provi­ded no person or persons shall have the benefit hereof, who were in the Rebellion before the Fifteenth of September, One thousand Six hundred Forty and three, and have taken out Decrees for Lands in the Province of Connaught, or County of Clare, in recompence of their former Estates. And that such Adventurer, Souldier, or other persons, who have been, or shall be removed from the Estate of James Lord Marquess of Ormond, Lord Steward of Our Houshold, for what he pos­sest therefore for Adventure or Arrears, shall be Reprized in the County of Catherlaugh for the same; every person so to be re­moved shall not be accomptable for the Profits he received, whilest he or they enjoyed such Estates. Provided alwayes, That this Our Declaration, or any thing or matter therein contained, shall not extend to any Lands, Tenements, or Hereditaments, which James Lord Marquess of Ormond, Lord Steward of Our Houshold, or any of his Ancestors, Ba­rons of Arckloe, Viscounts of Thurles, or Earles of Ormond, or Ossory, did at any time heretofore Mortgage, Grant, or Demise unto any person or persons in Fee, Fee-Farm, Fee-Tail, for Life or for Years, or for any other Estate or Inte­rest; nor to any Lands, Tenements, or Hereditaments, held of the said James Lord Marquess of Ormond, mediately or immediately, as of any of his Manors, whereby the For­feited, [Page 17] or Forfeitable Interest of any person or persons, in such Lands, Tenements, or Hereditaments, as aforesaid, may be set­led in any Adventurer, Souldier, or any person whatsoever, o­ther than the said James Marquess of Ormond and his Heirs: Provided that this shall not extend to any of the Lands held of James Marquess of Ormond, or the Lady Marchioness his Wife, as of any their Manors; but that all such Lands shall be held of the said James, and the Lady Marchioness, and their Heirs, by the same Tenure, and at the same Rents and Services as heretofore, any thing in this Our Declaration to the contrary contained notwithstanding.

And whereas the Earl of Inchequin hath been dispossessed of his Estate, for his eminent Service, and adhering unto Vs, and is now by Act of Parliament ordered to be restored to his said Estate, We are graciously pleased hereby further to De­clare, That he be accordingly restored to his said Estate, and that such who shall thereby [...]e removed, and are justly capable of reprize, that they shall be reprized, as others in l [...]ke cases are to be reprised. And whereas we understand, that by the [...]te u­surped Powers, during the Distempers of these Ti [...] several Irish Proprietors of the Popish Religion, have been dispossessed of their Estates, meerly for being Papists, and have shed out Decrees, and are possessed of Lands in the Province of Con­naught, and County of Clare, in compensation of their for­mer Estates, which being an Act of their own, We might without any injustice deny to relieve them in, yet so willing We are that any Interest intituling in self to Equitable mer­cy m [...]ght not be disappointed, that We declare, That all in­nocent Papists, being such as shall prove themselves to have been Faithful and Loyal unto, and never acted against Our Royal Father or Our Self, since the two and twentieth day of October, One thousand six hundred forty one, though they have sued out Decrees, and are possessed of Lands in the Pro­vince of Connaught, or County of Clare, in lieu of their for­mer Estates, shall notwithstanding be restored to their said Estates by the second of May, One thousand six hundred Sixty one; Provided that the said Lands in Connaught and Clare so allotted to the said Papists, be restored unto Vs to Reprise others, or for satisfaction of such Irish Proprietors thereof, so far as this Declaration excludes them not; or if the said Lands in Connaught and Clare, or any part thereof, have been sold by any such Papist, that the said Papist out of his Estate, to which he is to be restored, shall pay the Pur­chase-Money to the said Purchaser, his Heirs, or Assigns; and whosoever either by Reprize or Restauration shall enjoy the said Lands, shall make satisfaction to the said Purcha­ser, [Page 18] for all necessary Reparations and Improvements upon the said Lands, before he be admitted to the possession of them; Provided also, That whatsoever Adventurer or Souldier that shall be removed from his present possession, to make room for any such Papist, shall forthwith have a Reprize of e­qual value, worth and purchase, in other Forfeited Lands. Provided alwayes, That whereas the Corporations of Ire­land are now planted with English, who have considerably im­proved at their own Charges, and brought Trade and Ma­nufacture into that Our Kingdom, and by their Settlment there do not a little contribute to the Peace and Settlement of that Country, the disturbing or removal of which English would in many respects be very prejudicial; That all such of the Popish Religion, of any Corporations in Ireland, who have been for Publick security dispossessed of their Estates, within any Corporation, shall be forthwith Reprized in For­feited Lands, Tenements, and Hereditaments, neer the said Corporations, to the full Value, Worth, and Purchase of such Estate, as he was dispossest of within such Corporation; And that particularly the Popish Inhabitants of Cork, Youg­hall, and Kingsale, shall have undisposed Forfeited Lands set out to them in the Baronies of Barrimore and Muskerry in the County of Cork, according to their respective Decrees past in that behalf; Provided that in the case of innocent Papists within the said respective Corporations, that were dispossessed as aforesaid, it shall remain in His Majesties Power to grant restitution in like manner, as is provided in the case of other innocent Papists.

We are also graciously pleased, that the Lands and Hou­ses set out to any person or persons, for satisfaction of any Mo­ney lent, or publick Debts incurred for Provisions, Armes, or Ammunition, furnished for support of Our Army in Ire­land, in the beginning of the Rebellion, shall be and remain disposeable for the satisfaction of such of the said Debts, and Debentures for such Debts, as upon examination of the re­spective Cases shall appear most deserving consideration and satisfaction, in such proportions as shall be thought most equal and just.

We are likewise graciously pleased to declare, That the Lands set out to George Duke of Albermarle, Captain General of Our Armies of England, Scotland and Ireland, for his Ar­rears and Service in Ireland, as also the Lands being for Ar­rears purchased by him, and whereof he is now possessed; and the Lands setled upon Roger Earl of Orrery, Charles Earl of Mountrath, Richard Lord Baron of Caloony, Chidley Coote, and Thomas Coote Esquires; the Relict and Heirs of Sir [Page 19] Simon Harcourt, Sir William Penn, and the Relict and Chil­dren of Col. George Cook, Sir Theophilus Jones, Sir. George Ayscough, and the Orphans of Colonel Owen O Connelly, for their Service and Sufferings in the War of Ireland, As al­so the Lands set out to Richard Urial, and Thomas Crostthwart; of One hundred Pounds per annum; As also all such Lands; Tenements, and Hereditaments, as Arthur Lord Viscount of Valentia, hath purchased from any persons in actual possessi­on thereof, by virtue of any Grant, Order or disposition of the late Vsurped Powers, or any of them, shall be setled and confirmed unto them, their Heirs and Assigns respectively: And also that Lands be set out to Major George Rawdoh in satisfaction of Debentures, due to him for Arrears and Pro­visions furnished for Ireland; Provided alwayes, and We do hereby declare, that it is not Our intention thereby to weaken or avoid the Iust and Legal Citie of any Person, that is restoreable by this Our Declaration; But that if any of the said Estates shall be accordingly restored to the former Proprietor, that then a Reprize of equal Value, Worth, and Purchase, shall forthwith be assigned in lieu thereof.

And as We cannot but with extraordinary sadness of heart remember, and even at present behold the desolate and distra­cted condition, that Our Kingdome of Ireland hath been, and is reduced unto, by the unnatural Insurrection, begun in the Year One thousand Six hundred Forty one, and conse­quently abhor and detest the Contrivers and obstinate Pro­moters of the same against Vs, Our Crown and Dignity: So We cannot upon the considerations formerly exprest in this Our Declaration, deny all Iust and Reasonable Provi­sion that may stand with the present Iuncture of Our Affairs unto such of the Irish Nation, who not onely gave early Evi­dences of their Repentance for their Crimes, but also perse­vered in their Loyalty to Vs and Our Commands: And that as near as We can, Our Iustice and Our Mercy, in ac­commodating this Interest might not justle each other, We are in a different manner to consider of such of them as are justly Entituled to the Benefit of those Articles of Peace formerly mentioned, and such who did not submit unto the same, or after a submission, made a departue from the same, which two latter sorts, have justly forfeited that Favour which otherwise they might have received. We are also further to consider of those who embraced the said Articles, and submit­ted to the said Peace without any Apostacy in a different noti­on, as of those who remained in that Our Kingdome, who su­ed out Decrees and received Lands, in satisfaction of their an­cient Estates, and those who being Transported into Forreign [Page 20] parts, through many difficulties, Vnited, Rendevouzed, and served under Our Obedience: So that upon these consi­derations, We think fit and declare, and accordingly do declare, That as to those who imbraced the said Articles, and submit­ted to the said Peace, and constantly adhered thereunto, and remaining at home, sued out Decrees, and obtained pos­session of Lands in the Province of Connaught, or County of Clare, that they are to stand bound by them, and not to be re­lieved against their own Act, who contented themselves to enjoy a part of satisfaction for their own, rather than to at­tend our Restitution, or submit themselves to Our Com­mand in Forreign parts as others did; And yet if the condi­tions of those seem hard, they can no more reasonably expect that We should further relieve them, than Our friends in England and Ireland can expect that we should pay back to them all the Moneys they were compelled in the evil Times to pay for their Compositions; which they would have avoided, had it been in their power.

And in case any justly Entituled to the said Peace, have, ob­tained Decrees for Lands in the Province of Connaught, or County of Clare, in lieu of their former Estate [...], and have not been possest of lands according to such their respective De­crees, We further declare, That if by the First day of No­vember, One thousand Six hundred Sixty one, they shall not be possest of such Decreed lands, they shall immediately after the said day he otherwise satisfied for the same.

And as to those who continued with Vs, or served faith­fully under Our Ensignes beyond the Seas, We think fit, and accordingly declare, That they shall be restored to their former Estates, if they by themselves, or Agents Authorised by them, have not prosecuted and obtained Decrees and lands in the Province of Connaught or County of Clare, in compensation of their former Estates, a Reprize being first assigned, and le­gally set out of the remaining Forfeited lands undisposed of, to such Adventurer or Souldier, or other person before na­med, of equal Value, Worth and Purchase to the Estate, out of which, such Adventurer or Souldier, or other person aforesaid, shall be so removed; Yet so, that if any Charge, Debt, or other legal incumbrance have been due upon, or out of any such lands, so to be restored, which by law or good Con­science ought to be discharged by the party so to be restored, And that the said Charges, Debts, or Incumbrances, have been discharged or satisfied by the party, his Heirs or Assigns, from whom such lands are now to be Reprized, that such persons, their Heirs or Assignes may, and shall hold the said lands until they are satisfied, and contented of and for [Page 21] the same: And that none of the persons so to be removed, shall be accountable for the Rents or Profits of the Estates out of which they shall be so removed, which Rents and Pro­fits, and Arrears of Rents, they are respectively to receive until they are possest of other Estates as aforesaid, as also rea­sonable consideration for reparations of Houses, and other necessary improvements made, and to be seen upon the pre­misses, wherein like regard is to be had to the respective Te­nants and Lessees for their Improvements, but where the Landlord took Fine, he is to be accountable for the same, to­wards satisfaction for their Improvements who paid the said Fine: And lest such Restorations and Reprizes, if not speedily effected, might be attended with many prejudi­ces, to all parties concerned therein, We declare that the farthest time for accomplishing thereof, shall be by the Three and Twentieth day of October, One thousand Six hundred Sixty and one.

And whereas divers persons, for most of whom a general provision is made by this Our Declaration, have for Reasons known unto Vs, in an especial manner merited Our Grace and Favour; particularly the Earl of Clanricard, the Earl of Westmeath, the Earl of Fingal, the Earl of Clancartie, the Lord Viscount Gormanstown, the Lord Viscount Mountgar­ret, the Lord Viscount Dillon, the Lord Viscount Taaffe, the Lord Viscount Ikerryn, the Lord Viscount Nettervill, the Lord Viscount Galmoy, the Lord Viscount Mayo, the Lord Baron of Dunboyn, the Lord Baron of Trimletstown, the Lord Baron of Dunsany, the Lord Baron of Vpper Ossory, the Lord Ber­mingham, Baron of Arthunry, the Lord Baron of Strabane, Colonel Richard Butler, Sir George Hamilton Knight and Baronet, Sir Richard Barnewel Baronet, Sir. Redmund E­verard Baronet, Sir Valentine Brown Knight, Sir Tho­mas Sherlock Knight, Sir Dermot O Shaghnussey Knight, Sir Daniel O Bryon Knight, Colonel Christopher O Bryan Mr. Richard Belling, Son to Sir Henry Belling Knight, Righard Lane of Tulske Esquire, Mr. Edmund Fitzge­rald of Balymalo. Mr. Thomas Butler of Kilconnel, Mr. [...] Macnemarra of Creevagh Mr. David Powre of Kilbolane, Mr. Donnogh O Calaghane of Clonmeen, Mr. James Copinger of Cloghane in the County of Cork, Mr. George Fitgerrald of Ticrochane, Mr. Barnard Talbot of Rath­down, and Conly Geoghegan of Donore;

We do hereby declare, That they, and every of them, without being put to any further proof, shall be restored to their former Estates, according to the Rules and Directions in the last fore-going Clause of this Our Declaration, con­cerning [Page 22] such as continued with Vs, or served faithfully under Our Ensigns beyond the Seas, many of whose Names here­after follow, viz.

The Lord Viscount Muskry Colonel, Lieutenant Colonel Legg, Serjeant Major Edward Scott, Captain John O Neile of Carrick, in the County of Tipperary, Captain Terence Bryan of Palace Greeny in the County of Limrick, Captain Teige Mac Carty, for Mortgage onely in the County of Cork, Captain Daniel Boy O Donovane of Killcellman in the said County, Captain Edmund O Murriane of Dulish Murrian in the County of Tipperary, Captain John White of Loyhall in the County of Limrik, Captain Daniel O Keef of Drumagh in the Barony of Dullhally, and County of Cork, Captain Phi­lip Barry of Dunbagy in the said County, Cap. Thomas Brown of the Baronies of Bear and Bantry in the Counties of Cork and Kerry, Captain Francis Hacket of Dully in the County of Tip­perary, Captain Charles O Shiell in the County of Antrim, Captain Davie Dannan of Davenstown in the Barony of Fermoy and County of Cork, Captain Dermot O Brien of Car­rickcouquis in the County of Clare, Lieutenant Pierce Walsh, Lieutenant Richard Barry of Robertstown in the Barony of Barrimore and County of Cork, Lieutenant Dermot O Mur­riane of the County of Tipperary, Lieutenant Edward Mande­vill of Ballyyne in the County of Tipperary, Lieutenant Dani­el O Driscol of Carbury in the County of Cork, Lieutenant Teige O Cullaine, aliàs, Totave of the County of Cork; En­sign Morris Fitzgerald of Balynemart in the said County, En­sign Daniel Carthy of Dunedarrick in the said County, Ensign George Cumerton of the County of Killkenny, Ensign Walter Butler of Shan-bally-duff in the County of Tipperary, Ensign Piers Quirk, and William Quirk of the said County, Ensign John Mac Tiege, aliàs, Mac Tiege of Carbury, Ensign Pierce duff Buttler in the County of Tipperary, Ensign Theobald Butler of Barnane in the said County, Ensign Miles Roach of the County of Cork and Barony of Fermoy, Ensign Philip Hogan of Hally in the County of Tipperary, Ensign Turlagh O Her of Balime in the County of Clare, Owen Oge Mac Egan of the County of Cork Adjutant.

The Lord Castle Connel of the County of Limrick, Colonel Charles Mac Carty Rieagh of Kilbretan in the County of Cork, Colonel Richard Fitzgerald of Balenemartery in the said Coun­ty, Colonel Cornelius O Driscol of Donesaide in the said County, Lieutenant Colonel William Buttler of Ballifoqui, Captain Willam Barry of Ringquaran in the County of Cork, Captain Peirce Nagle of Monaneme in the said County, Captain Arthur O Kinfe of Glanefriacan in the said County, Captain [Page 23] Owen Mac Carty of Clocerre in the said County, Captain Edmond Mac Cuiny of Massanglashy in the said County, Cap­tain Charles Mac Carthy of Cloncalaih in the said County, Captain Dermot O Shinan of the County of Limrick, Captain Edmund Power of Intch in the County of Cork, Captain John Fox of Baligaden in the County of Limrick, Captain Michael Morisey of the County of Clare, Captain Dermot O Sulivan of Kilmalac in the County of Kerry, Lieutenant Der. O Sulivan of Fermoyle in the said County, Lieutenant Richard Stapleton of Lynestowne in the County of Tipperary, Lieutenant James Purcel of Knockinroe in the said County, Lieutenant Henry Wies of [...] in the County of Waterford, Lieutenant Garret Fitzgarret of Lickfour in the County of Kerry, Ensign George Shaie of Kilkeny, Ensign Philip Hogane of Aylehie in the County of Tipperary, Ensign Moilmory O Holy of the County of Armagh, Ensign Daniel O Donman of Forneise in the County of Cork, Ensign Donee O Culan of Baly Coursy in the said County, Ensign Florence O Driscol of Ballyhan in the said County, Captain [...] Gorman, David Bourk of Bar­nanlahie in the County of Tipperary.

Captain Stephen Butler, Ensign Alexander Berne of the County of Roscomon, Colonel William Taaffe, Lieutenant Bryan Mac Donough of the County of Sleigo, Ensign Edward Dillon of the County of Westmeath, Lieutenant Colonel James Fitz-Patrick, Lieutenant John Cassin, Ensign Edmund Brenane, Major Owen O Conner of Baylynagare in the County of Ros­comon, Lieutenant VValter Costelloe of the County of Mayo, Ensign Daniel O Conner of the same County, Captain VValter Hope of Molingare, Lieutenant Terlogh Mac Donough of the County of Sleigo, Ensign Christopher Mac Donough of the same, Captain Gerald Ferall, Lieutenant Charles Mac Don­nel, Ensign Richard Farral, Captain Charles O Molloy, 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 [Page 24] 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 M [...]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 [Page 25] 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 [Page 26] (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 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 [Page 27] 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 [Page 28] 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 Obliv [...]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 forwardness of all the rest of their Brethren, [Page 29] in contributing One half years full value of the profits ari­sing of the said lands as aforesaid, set out for their respe­ctive Adventures and Arrears, to be paid in One year, to­wards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for, and suffered with Vs; And that several of the Adventurers having expressed their own willingness, and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness, in consideration of Our Grace and Favour in the aforesaid Settlement, One other half years Rent more of full value to be paid in One other year: We can­not but declare Our Acceptance of such their free and kinde offer; and when a Bill shall be tendred unto Vs upon the ac­compt, and for the ends aforesaid, it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve.

And We do lastly declare, That Protestant Plantations shall be settled, Corporations created, Churches erected, Main­tenance for Preaching Ministers provided, within the limits and precincts of the land so to be settled on the Adventurers and Souldiers, in such manner as by the Commissioners to be nominated and directed by Vs, shall be set down.

Provided always, That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dub­lin, in the year One thousand six hundred forty one; nor to any 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 signed or sealed the War­rant for Execution, or who were of the Guard of Halbertiers, assisting to put the Bloody Sentence of Death in Execution upon the 30. of January, One thousand six hundred forty & eight.

Provided lastly, and it is hereby declared, That this De­claration, or any thing therein contained, shall not extend to confirm the disposition or setting out to any Adventurer, Sol­dier, or other person, any of the Lands, Tenements or Here­ditaments, belonging before the 23. of October 1641. to any City, or Sea-Town Incorporated, but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Fa­vour; and the Adventurers, Souldiers or others, who have any of the said Lands, Tenements, or Hereditaments set out unto them, shall be Reprized in like manner as is provided for them in other cases, by this Declaration.

[Page 30]
Signed CHARLES R.

INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour, Richard Earl of Cork, Lord High Treasurer of Our Kingdome of Ireland, Our right trusty and right well beloved Cousins and Counsellours, Edward Lord Viscount Conway and Kilulta, Ar­thur Lord Viscount Valentia, Our Vice-Treasu­rer and General Receiver of Our said Kingdome, Hugh Lord Vis­count Montgomery of the Ardes, Master of Our Ordinance in Our said Kingdome, and John Lord Viscount Massereene. Our right trusty and well beloved Counsellour, Francis Lord Angier, John Lord Kingston, Richard Lord Baron of Caloony, Sir James Barry Knight, Lord Chief Justice of Our Court of Chief Place, James Donelan Esq Lord Chief Justice of Our Court of Com­mon Pleas, John Bysse Esq Lord Chief Baron of Our Court of Exchequer, Sir Henry Tichburn Knight, Sir Robert Forth Knight, Sir James VVare Knight, Thomas Pigot Esq Master of Our Court of Wards and Liveries, Col. Arthur Hill, and Col. Marcus Tre­vor, Our trusty and well beloved Sir Francis Hamilton Knight and Baronet, Sir Arthur Forbes Baronet, Sir Oliver St. George Knight and Baronet, Sir John Cole Baronet, Sir Richard Lane Ba­ronet, Sir Paul Davys Knight, Sir George Lane Knight, Sir John Stephens Knight, Sir VVilliam Domvile Knight, Our Atturney Ge­neral, Sir Allen Brodericke Knight, Our Surveyor General, Sir Audley Mervin Knight, Our chief Serjeant at Law, John Temple Esq Our Solicitor General, Col. John Ponsonby, Henry VVarren, and Dudley Cooley Esqs Serjeant Major George Rawden, Dr. VVilli­am Petty, James Cuffe, and Thomas Browne Esquires, Our Commis­sioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November, One thousand six hundred and sixty.

C. R.

WHEREAS by Our said Declaration of the thir­tieth of November, One thousand six hundred and sixty, We have made provision for the Settlement of Our Kingdome of Ireland, and Satisfaction of the several Interests of Adventurers, Souldiers and others Our Sub­jects there, which we are minded to put in effectual Execution: We have therefore hereby nominated you, or any five or more of you, whereof two of the persons following to be alwayes present, (viz.) Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia, Our Vice-Treasurer and General Receiver of Our said Realm, Our Trusty and well beloved Counsellour Sir James Barry, James Donelan Esq and John Bysse Esq Sir James Ware, Our At­turney, and Solicitor General, Our Commissioners for the putting in Execution the matters and things therein contain­ed, according to the Tenor of these following Instructions.

You are to cast up the whole Debt and Demand of the Ad­venturers, as well those that are satisfied, as those that are in part or in whole deficient, as also all the forfeited Lands assigned to, or for the said Adventurers, according to the Sur­vey commonly called Doctor Petty's Down Admeasurement: And the said Demands and Lands you are to compare toge­ther, and what the said Lands fall short of satisfying the said Adventurers, according to the Rates, Measures and Propor­tions, of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine, so much of the forfeited Lands in the County of Lowth in the Province of Leinster, (except the Barony of Atherdee) you are to set apart for satisfaction of the said Adventurers; And if the said forfeited Lands shall fall short of satisfying the said Adventurers, you are then to add the forfeited Lands undis­posed by Our said Declaration, in the County of Catherlogh; And if those shall fall short; then the Lands remaining undis­posed of in the County of Kildare, to supply all the said Adven­turers deficiencies; And if those Lands fall short, then you are apart other forfeited Lands in some convenient place for the end aforesaid.

And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers, and satisfying their deficiencies, & ascertaining their respective proportions, You are to cause publick Proclamation to be made within the [Page 32] respective Counties, Cities, Baronies, and places in Ireland, thereby directing each Adventurer, his Assignee or Assignees, or his or their Agent or Agents, sufficiently authorized, that hath received any satisfaction in Land for his Adventure, with­in forty dayes after such Proclamation, to deliver unto you in writing under his Hand and Seal a particular of the Houses, Lands, Tenements, and Hereditaments possessed by him, to­gether with the content or number of Acres both profitable and unprofitable, in each Town-Land, Village, Balybo, or Quar­ter of Land, as the same were admeasured to him, or for his use, and in the Right of whom he claimeth such Adventure. And if such Adventure be for Houses in any city, such Adven­turer is to deliver in, not onely the particular Houses, Tene­ments and Hereditaments by him possessed, but also the va­lue of them respectively, as set out to him, or any other for his use.

And if any Adventurer, or the Assignee or Assignees of such Adventurers as aforesaid, shall neglect to return a Certificate as above-said, or shall wittingly make and deliver a false Certificate of the sums he was to be satisfied, according to the several Acts past in the Parliament begun at Westminster the third day of November, in the year of Our Lord One thou­sand six hundred and Forty, and in the sixteenth Year of the Reign of Our Royal Father, entituled, An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland, to their due obedience to his Majesty and the Crown of England; An Act for adding unto, and explaining of certain clauses in another Act made this Parliament, intituled, An Act for the speedy and effectual reducing of the Rebels in his Maje­sties Kingdom of Ireland, to their due obedience to his Majesty and the Crown of England; An Act for the further advancement of an effectual and speedy reduction of the Rebels in Ireland to the obedience of his Majesty and the Crown of England; An Act for a speedy Contribution and Loan towards the relief of his Majesties distressed Subjects of the Kingdom of Ireland; An Act to enable Corporations and Bodies Politick to participate of the benefit of an Act lately passed, intituled, An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland, to their due obedience to his Majesty and the Crown of England: Or shall neglect to return a Certificate as aforesaid, or wil­lingly make and deliver a false Certificate of the Town-Lands, Villages, Balyboes, Quarters, or other Denominations of Land assigned or given out for satisfaction of the said Debt or Demand, or of the content or number of Acres, according as the same was set out to him or them, such Adventurer, or his Assignee shall forfeit for three years the Rents and Profits [Page 33] that such Houses, Lands, Tenements, Hereditaments shall yeild, that he shall so omit to certifie, or that he shall not right­ly certifie; such Forfeiture to be one Moyety to Vs, and the other to be for and towards the defraying the charges in exe­cuting this Our Commission.

Provided, a Discovery be made thereof before the three and twentieth of October One Thousand Six Hundred Sixty Three.

That such of the said Adventurers and Souldiers as have taken Surveys of their Lands, do at or before the nine and twentieth day of September One thousand six hundred sixty two, bring in to you the said Surveys or Duplicates thereof, together with the Field-Books, (if in their possessions) the which you are carefully and exactly to compare with the Sur­veys taken by Order of the late pretended Powers; And if you shall find any considerable difference between the said Sur­veys, you are to ascertain such Adventurers and Souldiers possessions by such of the Surveys as shall appear most for Our advantage, and furtherance of this Service. Yet so, that if such Adventurer or Souldier shall think himself aggrie­ved thereat, You shall appoint one or more sworn Surveyors to re-survey the said Lands in question, such Surveyor re­turning his Field-Book to some other sworn Surveyor, to examine, cast up, and make up the same, such Adventurer or Souldier paying the said Surveyor for their said work, and in the mean such Adventurer and Souldier to be continued in possession according to the Survey which shall appear as aforesaid, most for Our Advantage: and if any one shall with­out cause complain, and obtain a re-survey, he shall, as a pe­nalty for so doing, forfeit so much land as he claims to want, and shall not be found wanting. And if any suggestion or in­formation shall be made to the Lord Lieutenant, or other Chief Governour or Governours of Ireland for the time being, That profitable lands are held and possessed as unprofitable, the same shall be inquired of by a Iury, and such lands as were sur­veyed and set out to Adventurers and Souldiers, or their Assigns, as unprofitable, and shall by such inquiry be found profitable, shall be re-assumed to supply Deficiencies, or make Reprisals. Out of which said Certificates and Sur­veys, and by such other lawful ways and means as you shall think fit, you are to make up Books of what is due to each Adventurer, and to ascertain the possession of such to whom lands are assigned, therein expressing who was the former Proprietor who forfeited the same the three and twentieth of October One thousand six hundred forty one, or since; the Town-land, Village, Balyboe, Quarter, or other Denomina­tion [Page 34] of Land, the content, or number of Acres, the Parish, Barony, County and Province, in which such Lands do lye respectively; and where you shall find any Adventurer or his Assign to have more Lands than will satisfie his Adven­ture, and that such Adventurer be in any other place deficient, or shall buy the Right of any deficient Adventurer, that such Over-plus Lands shall be assigned unto him towards satisfa­ction of such deficiencies: and having brought things to this certainty, you are to set out Lands to the deficient Adventu­rer in such way as shall be most indifferent and impartial, and pursuant to the Acts of Parliament.

Whereas We have been graciously pleased to appoint the Forfeited Lands in the County of Kildare, for satisfaction of Incumbrances on the Estates of Adventurers and Souldi­ers, according to Our said Declaration; in the satisfying thereof, you are to observe these following Directions, viz.

To examine in the Books and Records of the late Court of Claims, or Exchequer, or other Courts, what Decrees or Iudgements were passed and allowed to be satisfied out of the Estates of the said Adventurers and Souldiers, the Adventurer and Souldier claiming satisfaction for such In­cumbrance, shall make it appear that the said Decreed Lands are set out unto him as part of his lot, and he thereby Enti­tuled to the Reprize for the said Incumbrance. If such Incum­brance be by Mortgage, Statute Staple, Iudgement, Re­cognizance, or of any sum of Money on the payment whereof the Land so Incumbred is to be free and discharged, you are then to set out Lands in the said County of Kildare, for satis­faction of the said Incumbrance after the rate of Ten years purchase to be ascertained by inquiry, in way and manner, as is hereafter directed for the Reprize of such Adventurers and Souldiers as shall be removed from off their present Estates, or according to such other particular 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 [Page 35] 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 [Page 36] 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 [Page 37] 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 derived their Titles to their Estates from any who dyed guilty of any the aforemen­tioned Crimes, nor such as pleaded the Articles of Peace for their Estates, nor such as being in the Quarters which were under the authority of Our Royal Father, or Our Self held correspondency with, or gave Intelligence to such as were then in opposition against Our said Royal Father, or Our Self in Ireland; nor such as before any of the Peaces in One thousand Six hundred Forty and six, or One thousand Six hundred Forty and Eight sate in any of the Confederate Roman-Catho­lick Assemblies or Councils, or acted upon any Commissions or Powers derived from them, or any of them; nor such as im­powered Agents or Commissioners to treat with any Forreign Papal power beyond Seas, for bringing into Ireland Forreign Forces, or were persons which acted in such Negotiations; nor such persons as have been Wood-kernes or Tories before the Marquess of Clanrickards leaving the Government of that Kingdome.

You are to take care that the Adventurers and Souldiers in the Possessions of the Estates of any innocent Protestant or Papist restored to his said Estate by Our said Declaration, be forthwith Reprized as in Our said Declaration is directed, therein observing the signification of Our pleasure in Our said Declaration, for the Reprizing such as shall be removed from the Estates of innocent Protestants or Papists at the time they shall be so removed.

In the next place you are to take care, That the Adventu­rers, Souldiers, or other persons possessed of any of the E­state or Estates of such persons, to whom we have by Our said Declaration assigned a particular favour, and are in a distinct Branch thereof by name expressed, be Reprized as in Our said Declaration is directed; and the said persons re­stored [Page 38] to their former Estates from the time that such Adven­turers or Souldiers shall be so Reprized; observing alwayes the further cautions and provisions in Our said Declaration expressed, referring to the said persons restauration: If any who by Our said Declaration are to be restored to their former Estates, have or shall without Order molest, disturb, or un­quiet any of the Adventurers, Souldiers, or other persons in the possession of their respective Estates, or for the mean profits thereof contrary to what is directed and provided for in Our said Declaration, such person or persons untill they shall surcease such disturbance, or having taken possession, shall re­deliver the same to the person so dispossessed, and account and satisfie unto him the Damages sustained thereby, shall have no benefit of the Grace and Favour held forth by Our said De­claration to him or them respectively: And in case any per­son or persons that hath so disturbed or dispossessed any Adven­turer or Souldier, or their Assigns of any Houses, Lands or Tenements, formerly Assigned for Adventurers or Arrears, and by such Adventurers or Souldiers quietly enjoyed shall not as aforesaid quietly resign the possession of such Lands to such Adventurers or Souldiers, or their Assigns:

That you do then forthwith give Order to Our respective Sheriffs to put such Adventurers, Souldiers, or their As­signs into quiet possession of such Estates, which Orders of yours Our said respective Sheriffs are hereby required strictly to observe accordingly.

Provided nevertheless, That where such person or persons so dispossessed and to be restored to his or their former estates by the next preceding instruction, shall be contented to submit to a reprize; that in such cases you are forthwith to set out lands in some convenient place for the Reprizing him or them accor­dingly; You are to take care that all that by Our said Decla­ration are to be restored to their former Estates, do before such restauration to their said Estates, under their Hands and Seals exhibit unto you the ground upon which he or they claim the benefit of Our said Declaration, and a particular of their respective Estates; in which, you are to take care that they claim no other Lands than what did rightfully belong to them, and was in their Real possession the Two and Twen­tieth day of October, One thousand Six hundred Forty and one.

And if any one so to be restored shall make a claim that he or they are not Entituled unto, or make and deliver unto you a false particular of his said Estate, and therein include other Lands than what he or they so Entituled unto and possessed of as aforesaid, or having to any Irish Papist or person [Page 39] excepted from confirmation of his Estate in Our said Declara­tion, Morgaged or otherwise incumbred his or their said E­states, either before the said Two and twentieth of October, One thousand Six hundred Forty and one, or since that day, or have sold the same to any such Irish Papist or excepted person, and shall not particularly express the same in the said parti­cular so to be delivered; in all such cases, such person or persons offending herein, for such offence shall forfeit the full value of the Land so endeavoured to be gained out of any other Lands to be restored to him by vertue of Our said Declaration: You are forthwith to Reprize such Adventurers, Souldiers, and other persons, who are now in the possession of the Estate of the Earl of Clancarty; As also to satisfie Erasmus Smith Esq his deficiency, as an Adventurer in some convenient Forfeit­ed Lands in the County of Lowth, that he may be better ina­bled and incouraged to answer those publick pious Vses in in­corporating Five Free-Schools within that Our Kingdome, for which he hath petitioned for Our License, and to Reprize him the said Erasmus Smith such Lands now or lately in his possessi­on that are restored or restorable to the former Proprietors: And to accept from Peter Wallis Esq a surrender of the great Island near Ross in the County of Wexford, and Reprise him the same in the County of Cork on the Lands now in the said Peter Wallis his possession, not exceeding the yearly value of what the said Island may be set for.

And to the end you may the more readily proceed in Repri­zing such as in Our said Declaration are to be Reprized, be­ing to be removed from off the Estate of any person or per­sons to be restored to their former Estates, you are forthwith to make up Books of all the Forfeited undisposed Lands in Ire­land, and not before Assigned for satisfaction of the deficient Adventurers, or Reprizing the Adventurers and Souldiers, the Incumbrances on their Estates, in which you are careful­ly to set down all the Forfeited Lands in the County of Cather­lagh by themselves, and all the Forfeited Lands in the Baro­nies of Barrimore and Muskry by themselves; the one being ap­ppinted for the Reprizal of such as are removed from ost the Estate of James Lord Marquess of Ormond, Lord Steward of Our Houshold, and the other to satisfie Decrees of the innocent Papists inhabitants of Cork, Youghal, and Kingsale; In the doing whereof, you are to appoint what quarter or point of the said County of Catherlagh, and the said Baronies of Bar­rimore 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.

[Page 40]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 [Page 41] 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 [Page 42] 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 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, [Page 43] 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.

[Page 44]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 [Page 45] 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, 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 [Page 46] 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 [Page 47] 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 such as hereby are to receive twelve Shillings and six pence in the pound, as also the arrears due before One Thousand Six Hundred Forty Nine, of such who have received satisfaction for their arrears due since One Thousand Six Hundred Forty Nine; and this to be done without any Priority or Distinction in an equal pro­portion; after that you have first made up the Deficiency of those who have been satisfied in part since One Thousand Six [Page 48] Hundred Forty Nine, but have not yet Lands set out to them to the full of that proportion which they were to have had at the time when the rest of the Lands were set out unto them and others as aforesaid: We having by Our said Declaration as­signed the Forfeited Houses, Lands, Tenements and Heredi­taments, not already disposed of, within any Corporation in Ireland, or in the Counties of Wicklow, Longford, Leitrim and Donegal, and within a mile of the River Shannon, com­monly called or known by the name of Mile-Line, for satisfa­ction of such Officers who served Our Royal Father, or Our Self in Ireland, before the Fifth of June, One Thousand Six Hundred Forty Nine, as in Our Declaration is directed. In Order thereunto Our Court of Exchequer in Ireland is hereby authorized and required to put the premisses out of Charge from the Three and Twentieth of October, last past, without Fee or other Charge for the same.

And towards the carrying on the work hereby appointed, and all the contingent Charges thereof, the moneys received by Major William Cadowgan, and others, for the Rents of the Counties of Wicklow, Leitrim, Longford and Donegal, and for the Lands in Connaught and Clare, commonly known or called by the name of Mile-Line, for several years last past, shall be paid into the Hands of such persons as we shall, as a­foresaid, appoint to receive the moneys payable by the Adven­turers or Souldiers, and the accompts thereof forthwith de­livered unto you: The which accompts you are hereby requi­red to Audit and Examine.

All the Rents and Profits of the Houses, Lands, Tene­ments and Hereditaments by Our said Declaration appoint­ed for Satisfaction of the said Officers before the Fifth of June, One Thousand Six Hundred Forty Nine, until the same be sold, as is before directed, shall be paid into the Hands of such persons as we shall appoint as aforesaid, to collect and receive the same, for the Ends and Vses above mentioned, as also towards the Satisfaction of such persons as are to receive Satisfaction for their Improvements in building or repair­ing Houses, planting Orchards or Gardens: All which said moneys shall be paid by Warrant from You, or any five or more of you aforesaid, directed to Our said Vice-Treasurer, for the Ends and Vses aforesaid.

Whereas several Lands have been set out for satisfaction of Money lent, or publick Debts incurred for Provisions, Arms and Ammunition, furnished before the year One thou­sand Six hundred Forty four, the which Lands so set out We have by Our said Declaration reserved for that purpose; and to the end the persons to whom the said Lands are so set [Page 49] out may receive satisfaction for their said Moneys and Provi­sions, according to the Tenor of Our said Declaration, you are to compute the Money that ought to have been paid for the said Provision, Arms and Ammunition, together with the In­terest for the same, unto the time the said Lands were set out, after the rate of 6. pounds per centum per annum: You shall in­quire of the Value of the said Lands what improvements there are made since they were set out, what worth to be sold when set out at the rate of Ten years purchase, and who now in possession, and under what Title.

You shall assign so much of the said Lands so set out, as ac­cording to Ten years purchase, the aforesaid Money for the said provision, &c. with the Interest thereof as aforesaid will amount unto, first deducting the Improvements made on the premisses since they were set out as aforesaid.

And whereas James Duke of Ormond, Lord Steward of Our Household, together with Sir Philip Percivall and Sir George Lane Knights, and also others at the instance and re­quest of the said Duke of Ormond, became bound for certain Moneys lent, and publick Debts incurred for Provision, Arms and Amunition, and furnished and delivered in Provisions and other Necessaries, in Order to the carrying on of the War in that Our Kingdom, whereby they have made themselves, their Heirs, Executors and Administrators, ly­able to Suit, Hazard and Loss, if not provided for, and sa­tisfaction set out for the same, which in all equity ought to be done, you are therefore required forthwith to set out Forfeited Lands in the Counties of Kildare and Dublin, or one of them, for satisfaction of the said Debts, Provisions, and other ne­cessaries, according to the last fore-going Rules; and that in the mean time neither the said Duke of Ormond, nor any other bound for the said Debts at his instance and request, their Heirs, Executors, or Admistrators, be sued, molested, or troubled for, or concerning the same; And if any of the said Lands already set, or which shall be set out be restored to for­mer Proprietors, you are forthwith to assign other Lands of equal Value, Worth and Purchase in lieu thereof: You are likewise after the same rate of Ten years purchase to assign & set out some convenient Forfeited lands unto Major George Rayden, in satisfaction of Debentures for Arrears and Mo­neys paid by him for Provisions furnished as aforesaid, and for which no satisfaction as yet hath been assigned, as also to Do­ctor William Petty, for his deficient Debentures according to the direction of Our Letter of the Second of January, One thousand Six hundred and sixty.

Whereas there is a Rent payable to Vs out of every Acre [Page 50] of Land assigned, or to be assigned to any Adventurer, Soul­dier, or other person, as by Our Declaration appears in order to the ascertaining thereof, you are to observe these following directions, viz.

Where there is no certain Record of the Lands assigned or set out to the Souldiers or other persons, so that the Rent pay­able to Vs cannot be ascertained; in all such cases you are to cause Proclamation to be made, and Certificates to be re­turned of all such respective Possessions, Debentures and Debts for which the said Lands were set out to them in way and manner, as by Our aforesaid Instructions is directed, with respect unto the Method to be observed concerning the Lands assigned unto the Adventurers, wherein you are ex­presly to distinguish betwixt what Lands are set out for satis­faction of Arrears grown due in England, from what is set out for satisfaction of Arrears grown due in Ireland; you are out of the said Certificates and out of the Surveys and Books of Debentures, or Books of Distributions or Subdivisions of Lands to any Office or place in Ireland, forthwith to cause fair Books to be made up, of all the Houses, Lands, Tenements and Hereditaments, set out to the Adventurers, Souldiers, and 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 [Page 51] 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 [Page 52] 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 [Page 53] are, and the [...]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 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.

[Page 54]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.

[Page 55]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 [Page 56] 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 [Page 57] 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 [Page 58] 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 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 [Page 60] 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 [Page 61] 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 the space of One and Thirty dayes next, and immediately after the day which shall be appointed by a Proclamation made, or caused to be made, in the City of Dublin by the Lord Lieutenant, or other Chief Governour or Governours of Ireland, for the time being; which Proclamation shall not be made until such time as the Commissioners appointed by His Majesty for the execution of the Declaration and Instructions and this pre­sent Act, shall be arrived at Dublin, and shall have assembled and met for the execution of their Commission, but shall be made as soon after as conveniently may be: And that after the said time shall be expired, no Claims shall be received, but the Parties left without remedy and debarred for ever, with­out His Majesties special Order in that behalf upon accidents or emergencies where Iustice shall require the same.

And whereas in the respective Securities herein, and hereby designed and allotted unto the several Officers serving before the Fifth of June, One thousand Six hundred Forty and nine, [Page 62] who have received no satisfaction for their said Services, there is allotted to them satisfaction out of all the Forfeited Lands, Tenements and Hereditaments, in the Counties of Wicklow, Longford, Leytrim, and Donnegal, and out of the Lands forfeited and undisposed of in the Province of Con­naught and County of Clare, lying within one Mile of the Ri­ver Shannon, or of the Sea commonly called the Mile-Line, and out of the Houses and Tenements forfeited in Ireland in the several Walled Towns and Corporations, and Lands thereunto belonging, not already set out to Adventurers and Souldiers; And out of the benefit accrewing out of the Re­demption of Mortgages, Statute Staples, and Iudgements where Lands are not so given out to Adventurers and Soul­diers, and out of One years Rent and Profit of the Lands set out to the Officers and Souldiers for their Arrears in the year, One thousand Six hundred Fifty three; And likewise of the Army then, (viz.) on the Thirtieth of November, One thousand Six hundred and Sixty, in being, according as those respective said Estates yielded in the year, One thousand Six hundred Fifty Nine; As also out of one year and a halfs Rent and Profits arising out of the Lands for the Arrears of those Officers and Souldiers who were ordered or received satisfa­ction for their said Arrears in the year One thousand Six hun­dred Fifty five, One thousand Six hundred Fifty six, and One thousand Six hundred Fifty seven, according as the Estates yielded in One thousand Six hundred Fifty nine; whereupon some doubt have been made concerning the words [Forfeited and Vndisposed] and concerning the words [several Wal­led Towns and Corporations] and concerning the words [Lands thereunto belonging] and concerning the words [Mortgages, Statute Staples, and Iudgements;] and some Doubts have also risen concerning the Limitation of Time from whence the said Year, and the said Year and a half shall commence;

It is therefore hereby Declared and Enacted, that the said word [Forfeited] shall be deemed and taken not only of such Lands, Tenements and Hereditaments, as are already For­feited by Iudgement, Confession, Verdict or Out-lawry, but such as by reason of any Act or Acts of the said Rebellion already committed by the several and respective Proprietors hereof shall or may be Forfeitable: And that the word [Vndisposed] shall be intended and taken for Vndisposed by this Act; And that the several words [Walled Towns and Corporations] shall be construed to extend to all Cities and Corporate Towns within the Kingdome of Ireland; and that the words [Lands thereunto belonging] shall be construed [Page 63] to extend to all Lands Forfeited or reputed to be Forfeited in manner as aforesaid, lying and being within the said Cities, Walled Towns or Corporations, or within the Suburbs and Liberties thereof, and not set out to Adventurers or Souldi­ers, or other Protestants mentioned to be preserved in the said Declaration: And that the words [Mortgages, Statutes Staples and Iudgements] shall be construed to extend to Statutes Marchant, Recognizances, Elegits, and all Con­ditional and Deseazable Estates, and to all Incumbrances whatsoever within the Kingdome of Ireland not otherwise dis­posed of, according to the said Declaration.

And it is further Declared and Enacted, That the said year and the said year and a half shall commence from the Nine & Twentieth day of September, One thousand Six hun­dred Sixty and Two, as to such as shall then enjoy the lands set out to them for their Adventuers and Arrears: And for such as shall be removed and not Reprized by the said Nine and Twentieth day of September, One thousand Six hundred Sixty two: The said year and the said year and a halfs Rent, shall commence within Six Moneths after such time as such persons shall be reprized respectively, the said Payments to be paid half yearly at Easter and Michaelmas by even and equal portions.

And whereas it doth remain in His Maiesties power to grant restitution to such of the innocent Papists, who have been dispossessed for publick security of houses and Lands with­in any of the said Corporations;

And whereas also other innocent Papists are by His Maie­sties said Declaration restoreable to their Estates, part of whose Estates may fall within the said Securities;

And whereas liekwise his Majesty in the said Declaration hath appointed certain persons by Name to be restored to their ancient Estates, part of whose Estates may likewise happen to fal within the said securities of the said Officers, whereupon some Doubt hath arisen concering the Reprizals, which in ca­ses of restitution are to be given to the said Officers:

Be it therefore Enacted by the Authority aforesaid, That in case any such person or persons shall be so restored, whose E­state or Estates, or any part thereof, lies within the said Se­curities, that the like courses shall to all intents and purpo­ses whatsoever be taken for the Reprizals of the said Officers, as in the said Declaration is prescribed, for the Reprizal of the said Adventurers and Souldiers.

And be it further Enacted, and it is hereby Enacted by the Authority aforesaid, That Charles Earl of Mountrah, who hath so eminently merited in the late Transactions in this [Page 64] Kingdom, shall be paid his Arrears due for Service in Ire­land before the Fifth day of June, One thousand Six hundred Forty nine, equally with the said Officers before One thou­sand Six hundred Forty nine, out of the Security aforesaid, so as the said Arrears exceed not the sum of Six thousand Pound, any thing in this Act to the contrary notwith­standing.

And whereas His Majesty is graciously pleased to Declare, That the Forfeited Lands and Houses already set out for sa­tisfaction of Money lent, or publick Debts incurred for Pro­visions, Clothes, Armes, Amunition and all other Neces­saries for the Support of the Army in Ireland, shall remain dis­poseable for satisfaction of the said Debts; And in case they shall fall short, then to have satisfaction allotted to them out of the remaining Lands and Houses set out for satisfaction of the Arrears of the Commission-Officers due before 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.

[Page 65]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 [...]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 [Page 66] 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 Ser­vice, [Page 67] shall, may or ought to receive; any Clause, Article, Mat­ter, or Thing whatsoever in this present Act mentioned or contained to the contrary thereof notwithstanding.

Provided always, and be it further Enacted by the Authority aforesaid, That any Clause, Sentence, Matter or Thing in this Act, or in any other Act or Acts passed or made, or to be passed or made in this present Parliament, contained, men­tioned or expressed, shall not or may attaint, or convict, or be o­therwise prejudicial unto Dudly Bagnel Esq son and Heir of Walter Bagnel, late of Dunlickny in the County of Catherlogh Esq deceased, nor to Henry Bagnel Brother of the said Dudly, nor to Catherin Corbet, alias, Bagnel, sister of the said Dudly, nor to the Heirs or Issues lawfully begotten of the said Wal­ter Bagnel, Dudly Bagnel, Henry Bagnel or Catherin Corbet, alias, Bagnel, nor of any or either of them: and that the said Dudly Bagnel, Henry Bagnel, and Catherin Corbet, alias Bagnel, and every of them, and the Heirs and Assigns of eve­ry of them respectively, shall have, hold and enjoy their re­spective Estates and Interests in Law or Equity in all and e­very the Castles, Lordships, Mannors, Segniories, Lands, Tenements, Rents, Reversions, Remainders and Heredi­taments, with their and every of their apportenances, which did of right belong or appertain unto the said Walter Bagnel, or whereof he was seized, as of his Estate of Inheritance in Vse, Possession or Remainder, on the Three and Twentieth day of October, in the year of Our Lord one thousand six hun­dred Forty one, or at any time after; any Act or Acts, Ordi­nance or Ordinances, Matter or Matters, Thing or Things, done or to be done in this present Parliament, or otherwise at any time since the Three and Twentieth day of October, One thousand six hundred Forty one, to the Damage, Prejudice or Harm of the said Walter Bagnel, his Heirs or Assigns, to the contrary notwithstanding.

Provided always, and be it Enacted, That neither this present Act nor nor any thing therein contained, do any ways prejudice or tend in any manner to alter any Right, Title, Interest, Mortgage or Lease that Sir John Temple Master of the Rolls in this Kingdom, or his late Mother the Lady Temple had in the year One thousand six hundred and forty, to any Lands, Tenements or Hereditaments, belonging to Walter Bagnel Esq late Father of the said Dudly Bagnel, ly­ing or being within the County of Catherlogh: Saving ne­vertheless to all and every person and persons, Bodies Poli­tick and Corporate, their Heirs, Executors, Successors and Assigns, such Right and Title either in Law or Equity, and such benefit and advantage of redemption which they or any [Page 68] of them could or might have had either in Law or Equity, as fully and amply as if the Proviso herein last before men­tioned had never been had nor made, any thing in the said Pro­viso to the contrary hereof notwithstanding.

Provided also, That so much of the Forfeited Lands in the Towns and Lands of Lispopel, Nutstown, Wegestown, and Cordenstown, with their and every of their apurtenan­ces, situate in the Barony of Balrothery in the County of Dublin, containing according to the Down Survey, One thousand two hundred forty nine Acres, shall be held, possessed and enjoyed by George Rawden Esq his Heirs and Assigns for ever, as shall amount unto a full and just satisfaction of the publick Debts due to him by Debentures, for Provisions and money disbursed for the use of the Army in Ireland, ac­cording to His Majesties Gracious Declaration and Instru­ctions, which principal Debt with the Interest thereof cast up according to the Rate of six pound per cent. amounteth unto Two thousand three hundred twenty four pounds Ten shil­lings Four pence.

And that in case the said Lands, or so much thereof as will amount unto a full satisfaction of the said sum be not forfei­ted, or if it shall happen that so much thereof shall be restored as that the residue shall not be sufficient to satisfie him the said George Rawden, that then he be satisfied and reprized for the same by some other forfeited Lands in the County of Dublin.

Provided, that this Act, or any thing therein contained, shall not extend, nor be construed to extend to the prejudice of any Protestant or Protestants, or Innocent Papists, their In­nocent Executors or Administrators, holding Tythes by Lease or Leases, derived from the Crown, for or by reason or occa­sion of any advantage or Forfeiture which may be taken for the Non-payment of the Rents reserved to the Crown by such Leases for the time past, but that every such Protestant and Protestants, and Innocent Papists, their and every of their Executors and Administrators, holding any of the said Tythes, shall and may have, hold and enjoy the said respective Tythes during the respective Terms of years thereof yet un­expired, without any advantage to be taken against them, or any of them for non-payment of the said Rents for the time past, as if this Act had never been made.

Provided, That this Act, nor any thing therein contained, shall not extend or be expounded to extend to the prejudice of Sir Robert Meredith Knight, nor his Son Sir William Me­redith Baronet, nor their Heirs or Assigns, nor any persons possessed or interested in their behalfs in the Lands, Tene­ments, [Page 69] or Hereditaments of Green Hills, heretofore called Bishops Court, near the Lissie in the County of Kildare, nor any part, member, or parcel thereof.

And Be it further Enacted, That all the forfeited Lands Tenements and Hereditaments set out, assigned or delivered unto Sir William Petty Knight, by the name of Doctor Wil­liam Petty, and by him possessed on the seventh day of May, One Thousand Six Hundred Fifty Nine, be settled upon, and confirmed unto him, his Heirs and Assgnes for ever; a­ny thing in this Act, or in his Majesties Instructions of the Nineteenth of February, One thousand six hundred and sixty, to the contrary notwithstanding; the same to be held according to such Tenures, Rules, Rents, Services, & under such Limi­tations and Directions for Reprizal, and otherwise, as in His Majesties Declaration of the Thirtieth of November, One Thousand Six Hundred and Sixty, set down and expressed con­cerning such as were then of his Army in Ireland,

And whereas his Sacred Majesty, having under his serious consideration the Present Settlement of this Kingdom, is ve­ry desirous to confirm and inlarge the designed Bounty and Goodness of his late Royal Father of ever blessed Memory, by adding to the Revenue of the Church of this Kingdome; Be it therefore Enacted and Ordained by the King Our Sove­reign Lord, with the Assent of the Lords Spiritual and Tem­poral, and the Commons in this present Parliament Assem­bled, and by Authority of the same, That all and every the Manors, Lands, Tenements and Rents whereof any Arch-Bishop, Bishop, Dean, Dean and Chapter, or any other Ec­clesiastical person or persons whatsoever in his or their politick Capacity, or any of them, were actually seized, or by them­selves or their Tenants possessed, in the year of 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 [Page 70] 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 [Page 71] 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 Chief [...]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 [Page 72] 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 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, [Page 73] 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 [...]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; [Page 74] 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 the said Diocess, as the Bishop thereof shall judge most conve­nient; and such Rents payable as aforesaid are to be in lieu of all Crown-Rent, and other Challenges and Acknowledge­ments whatsoever, payable by the said Officers out of such Chauntries or Lands belonging to them.

[Page 75]And Be it Enacted by the Authority aforesaid, That out of all and every the Lands, Tenements and Hereditaments set in Fee Farm by the Bishop of the Diocess wherein such Lands, Tenements and Hereditaments are, upon which any Rent was paid unto the Church in the Years One Thousand Six Hundred and Forty, or One Thousand Six Hundred Forty and One, and which are Forfeited and Vested by this Act in His Majesty, his Heirs and Successors, and that are by this present Act set out, assigned or intended to be set out and assign­ed unto any Commissioned Officer or Officers, that served his late Majesty before the Fifth of June, One Thousand Six Hundred Forty Nine, as aforesaid, his or their Heirs or As­signs, there shall be paid for ever by such Commissioned Offi­cer or Officers, his or their Heirs or Assigns, in lieu of all Crown-Rents, and all other Acknowledgements whatsoever, due or payable out of the said Lands, the sum of Two Shil­lings in the Pound, at the improved value, to be ascertained as aforesaid, of such Lands and Tenements so possessed and enjoy [...]d by him or them, his or their Heirs or Assigns, of which they were or shall be respectively holden.

And Be it further Enacted by the Authority aforesaid, That out of the several houses forfeited and vested in his Majesty by this Act, being in several walled Towns, Cities, Corpora­tions and Burroughs in this Kingdome, and by this Act are set out, assigned and allotted for the satisfaction of the Com­missioned Officers, their Heirs and Assigns, as aforesaid, That all and every Archbishop, and Bishop, and Minister, whose Houses in any of their respective Sees or Church-Li­vings, within the said Town or Suburbs, are wasted or not habitable, shall have set out unto them an handsome conve­nient House Rent free, (other than the Rent payable to his Majesty) which by the said Archbishop, Bishop, his or their Successors, and by the Ministers aforesaid, is hereby payable to his Majesty during the said Term, at and according to the same values that shall be set upon the yearly Rent of such Houses set out and given into the possession of such Archbishop or Bishop, his or their Successors, as also to such Ministers as abovesaid, for the space of Seven Years, to begin from the day such possession is given, such House or Houses to be in the most convenient place for the Ministers residence, and eve­ry Archbishop or Bishop to have his own choice of the best Forfeited House and Garden within the City or Suburbs where his Cathedral is, during the aforesaid time; And if such Archbishop or Bishop, or other Minister have no House or House-stead belonging to their Sees or Rectories, lying within the said Town, That then a convenient House out of the [Page 76] Houses aforesaid, or House-stead at the Election of the Bishop or Minister, shall be set out to such Archbishop, Bishop or Mi­nister, his or their Successors for ever, under the rent reser­vable to his Majesty out of such house or houses by this Act to be paid to his Majesty by such Archbishop, Bishop or Minister, his or their Successors for ever.

And also be it Ordained and Enacted by the Authority a­foresaid, That the Commissioners to be appointed by his Majesty for the execution of the said Declaration and Instru­ctions and this present Act, shall have full Power and Autho­rity by Virtue of this Act and of the said Commission, with the greatest indifference that may be to all persons therein con­cerned, to do and execute all and every Act and Acts, Thing and Things, as may conduce to the manner of executing all and every Clause or C [...]auses contained in this Act, that have express reference to the Settlement of the Interests of the Church; and that all manner of Proceedings and Orders to be made by the said Commissioners in pursuance of their Com­mission, and according to the said Declaration and Instructi­ons and this present Act, shall by Virtue of this Act be as good and effectual in the Law to all intents, constructions and purposes, as though the same had been particularly and di­stinctly mentioned, or set down by Authority of this present Parliament.

And be it further Enacted by the Authority aforesaid, That the recompence or satisfaction to be made or given by any of the Protestant Officers who served in the Irish Wars before the Fifth day of June, One thousand six hundred forty nine, for or in respect of any Buildings or Reparations of any Messua­ges or Tenements herein before appointed as a security for their respective Arrears, shall not exceed a Fifth part of that sum which is the true and real value of such messuages and Tenements, in case the Inheritance thereof were to be sold, (messuages new built from the ground onely excepted) nor shall any recompence or satisfaction be made or given for, or in respect of any Buildings or Reparations which have been be­gun since the Thirtieth day of November, One thousand six hundred and sixty.

And it is hereby further Enacted, That where choice or particular lands or houses, within the said Security, are or shall be appointed for satisfying Arrears of any Officers, the same may be set out to them in all other things, according to the Valuation and Rules given by your Majesty for setting the rest of the Security, not otherwise, excepting the houses and lands granted to Sir George Lane Knight.

And whereas there have been several Baronies reserved to [Page 77] reprize such Inhabitants and Natives of Cities and Walled Towns in Ireland as were excluded from their Proprieties in the said Towns or Cities, some of whom may perhaps be re­storable by this Act to their ancient proprieties:

Be it therefore Enacted by the Authority aforesaid, That if any such shall be restored to their ancient proprieties, that then so much of the Lands reserved in those Baronies of equal value, worth and purchase to the lands and houses so to be restored to the said Inhabitants and Natives be and shall be reprized to the said Officers serving before the Fifth of June, One thousand six hundred forty nine, for and in lieu of what lands and houses shall be so restored back to the said former Proprietors.

And be it further Enacted by the Authority aforesaid, That where any Burroughs, Corporations, or Towns being and continuing actually Incorporated in the year One thousand Six Hundred Forty One, and were allotted and set out to Ad­venturers or Souldiers, not as Burroughs, Corporations or Towns Corporate, but measured as part of their Land as­signed them, the said Burroughs, Corporations and Towns Corporate respectively, are hereby assigned towards the satis­fying the Arrears of the said Off [...]cers before the Fifth of June, One Thousand Six Hundred Forty Nine.

And be it hereby further Declared and Enacted by the Au­thority aforesaid, That James Duke of Ormond, the Earl of Inchiqueene, the Executors of Sir Philip Percivall Knight de­ceased, late Commissary of the Victuals in Ireland, who are to be satisfied for what Disbursements were made to the other Commissaries and Officers in the Establishment belonging to the said Imployment, by the said Sir Philip Percivall, and others, who were General Officers, Staffe-Officers, Officers of the Train, Colonels, and Majors of Dragoons and Lieutenant Colonels of Horse, Be and are hereby intended, according to the several Commissions for Satisfaction of their said respective Arrears for Service as aforesaid before the Fifth of June, One thousand six hundred forty nine, among the rest of the said Officers out of the aforesaid security, and are e­qually to enjoy all benefits and advantages in all particulars whatsoever, with any other Commission-Officers serving be­fore the Fifth of June, One thousand six hundred forty nine, mentioned in this Act according to their respective establish­ments.

And be it further Enacted by the Authorized aforesaid, That in the Stating of the said Arrears no Officers be allowed for Service in Ulster, but such as were of the Army called The Brittish Army, and within the establishment of the said Army; [Page 78] And that no Company or Troop be allowed but those that were Regimented or Mustered by the Commissary of the Mu­sters, as a non-Regimented Company or Troop, and actively served during the whole time they pretended unto and received Pay and Quarters with the rest of the Army.

And be it hereby further Enacted, That James Duke of Ormond, the Earl of Inchiqueen, and such Protestant Officers as served faithfully under his Majesties Lord Lieutenant of Ireland at any time between the Fifth of June, One thousand six hundred forty nine, and the Tenth of December, One thou­sand six hundred and fifty, and never served in any Army since but under his Majesties Authority, may have their Arrears stated for that time also, and may be allowed satisfaction for the same as for the rest of their respective Arrears, and that the Debentures to them respectively for those Arrears be for the whole time without distinction.

And be it also Enacted, That all Adventurers, Souldiers, their Heirs and Assigns, whose Adventures and Lots were set out of the Lands of James Duke of Ormond, and who have not been yet reprized, shall be satisfied out of the re­maining forfeited lands in the County of Catherlogh, and al­so out of the respective moyeties of the ten Counties appoint­ed for satisfaction of Adventurers and Souldiers: And fur­ther, That such Adventurers or Souldiers, their Heirs or Assigns, as have been or shall be removed upon, or by reason of the restitution of the Earl of Roscommon, shall be reprized in such sort as deficient and other Adventurers are by this Act in­tended to be satisfied.

And be it Enacted, That the Right Honourable Arthur Earl of Essex, Son and Heir of the Right Honourable Arthur late Lord Capel, who in his life time subscribed and paid in his money as an Adventurer for Lands in Ireland, and the Right Honourable Thomas Lord Culpeper, Son and Heir of the Right Honourable John late Lord Culpeper, who also in his life time subscribed and paid in his money as an Adven­turer on certain propositions for lands in Ireland, and all and every other person or persons, their Heirs or Assigns, who subscribed and paid in their moneys as Adventurers for lands in Ireland, according to the Act or Acts passed in the Parlia­ment begun and held at Westminster on the Third day of No­vember, in the sixteenth year of the Reign of Our late Sove­reign Lord Charles the First, of ever blessed memory, and have not yet had Certificates from any Five, or more of certain persons late sitting at Grocers-hall, shall upon the producing the Original Receipts of the moneys so paid in, or making good and sufficient proof therein before the Commissioners to [Page 79] be appointed for execution of the Declaration and Instructi­ons and this present Act, be enabled and Intituled to Ask, Demand, Receive and Have his and their respective satisfa­ction for their Moneys by a full and equal proportion of Lands out of the moyeties of the ten Counties heretofore set out for Adventurers, or elsewhere, as fully and amply as any other Adventurer can or may justly claim by vertue of any Certifi­cate or Certificates whatsoever, unless he or they have recei­ved or accepted satisfaction for the Original moneys so adven­tured out of Church-lands, Crown-lands, or other Lands, formerly exposed to sale in England.

And be it further Enacted, that where any Adventurer hath delivered up his Original Receipt, and taken Certifi­cates from any Five or more of certain persons late sitting at Grocers-Hall such Certificates shall be as effectual in the Law, and as available to all intents and purposes, as if the Ori­ginal Receipt had been produced; and all and every person and persons having and producing such Certificates, shall be and are hereby enabled to have, receive, possesse and enjoy so much and no more forfeited Lands out of the moyeties of the Ten Counties aforesaid, or elsewhere, and such number of Acres English or Irish measure respectively, as by vertue of the said Certificates shall be certified to be due to him or them re­spectively.

Provided alwayes, That if it shall be clearly proved before the said Commissioners, that the said Certificates do contain a greater quantity of Acres than ought to be given and allow­ed for the Original money paid, that then such Certificates shall not Intitle them to any more Lands then are justly due for the Original subscription and money paid.

Provided alwayes, That nothing in the Declaration, In­structions, or this present Act, herein before or after mentio­ned, shall be expounded, construed or taken to give any Right or Title to any Adventurer or Adventurers, who adventured their moneys upon certain Ordinances or pretended Ordinan­ces of Parliament, made in the years One thousand Six hundred Forty three, and One thousand Six hundred forty and seven, commonly called, The Doubling Ordinances, nor to the Heirs or Assigns of any such Adventurer or Adven­turers, to have, hold or enjoy any further or other satisfaction out of the forfeited Lands aforesaid, than according to the moneys really and Bona Fide paid in and advanced upon the said Ordinances, or pretended Ordinances, which moneys shall be satisfied with the like proportion of forfeited Lands, according to Irish measure, as other Adventurers, their Heirs or Assigns, who advanced their moneys upon the Act passed in [Page 80] the Parliament held at Westminster, the first day of Novem­ber, in the Sixteenth year of the Reign of Charles the First, Intituled, An Act for the further Advancement of an effectual and speedy Reduction of the Rebels in Ireland, to the obedi­ence of His Majesty and the Crown of England, may and ought to have any Certificate, Allotment, Distribution, or other pos­session thereof, upon the Seventh of May, One Thousand Six Hundred Fifty Nine, or any other matter or thing to the contrary hereof in any wise notwithstanding.

Nevertheless, It is hereby further Enacted and Declared, That it shall and may be lawful to and for all and every the Adventurers upon the said Ordinances, their Heirs and As­signes, to receive so much of the Over-plus of those Lands which have been allotted to them in Satisfaction of their said Adventures, and shall be sufficient to satisfie and make good any Deficiencies of other Adventures, any Right of Recom­pence or Satisfaction for Incumbrances, intended to be satis­fied out of the County of Kildare, or any Arrears of pay, be­fore the year One Thousand Six Hundred Forty Nine, due by Debentures for the aforesaid British Army, to the said Adven­turers, their Heirs or Assigns, or any of them, or purchased by them, or any of them, and to be satisfied according to the same Rules and Rates, with the other Arrears, before One Thousand Six Hundred Forty Nine.

And be it further Enacted and Declared by the Authority a­foresaid, That if it shall happen that any Adventurer, or the Heir or Assignee of any Adventurer, shall be possessed of any Lands by Concealment, false Admeasurement, or by pretence of the Doubling Ordinances, over and above what will sa­tisfie the principal moneys advanced upon the said Ordinan­ces according to Irish measure, as aforesaid, and shall not have any Deficiencies, Incumbrances, or Arrears to place thereupon, or be otherwise intituled to retain the same, That then and in such case the Lands to be cut off or taken away from such person or persons shall as near may be, be taken a­way and cut off in such Parts and Proportions as lie most con­tiguous, and so as the person or persons to be removed from such Over-plus as aforesaid, may still retain and keep the bene­fit of his and their respective Improvements.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful to and for the Commissioners to be appointed by his Majesty for the Execution of the Declara­tion and Instructions, and this present Act, to proceed in the Execution of their Commission from time to time, against all and every person and persons now having, or in this or in any other Parliament hereafter to be held, claiming to have [Page 81] any Priviledge, and against all and every the Lands, Tene­ments and Hereditaments, and other the premisses whatsoever, hereby vested in his Majesty, his Heirs and Successors, or char­ged or chargeable with any yearly Rent, or other sums or payments whatsoever to be issuing out of the same, and all Rules, Orders, Iudgements and Decrees of the said Com­missioners, made in pursuance of, and according to the De­claration and Instructions, and this present Act, and all other Process and Proceedings whatsoever, for the better leavying of any Rents or sums of money charged or chargeable as afore­said, shall be obeyed and executed forthwith, as fully and am­ply against all and every person or persons, and all and eve­ry their Lands, Tenements, Goods and Chattels, as the same ought to have been if no Parliament had been then sitting, and all Officers and Ministers of Iustice, and all other per­sons whatsoever any way aiding and assisting in the Executi­on thereof, shall be and are hereby indemnified and saved harmless, any priviledge of Parliament, or other immunity, or exemption to the contrary hereof in any wise notwithstanding.

Provided alwayes, and be it further Enacted and Ordai­ned, That the several Grants and Letters Patents made unto Sir Maurice Eustace Knight, Lord Chancellor of Ireland, Edward Vernon Esq Michael Lord Bishop of Cork, and Sir George Lane, and all and singular other the Letters Patents, whereby any of the premisses hereby vested have been given or granted by his Majesty unto any other person or persons, Bo­dies Politick or Corporate under the Great Seal of England, or under the Great Seal of Ireland, before the Thirtieth day of November, One thousand six hundred and sixty, or since the 30. day of November One thousand six hundred & sixty, by vertue of any Bills, Warrants or other Commands under his Ma­jesties Signet or Sign Manual, dated before the said Thirti­eth day of November, One thousand six hundred and sixty, shall be and are hereby ratified and confirmed, and shall be deemed & taken to be good, valid and effectual in the Law, according to the tenor and purport thereof, against the Kings Majesty, his Heirs and Successors, and against all persons, Bodies Poli­tick and Corporate whose rights are not saved by this Act, any thing in this Act contained to the contrary hereof in any wise notwithstanding.

Nevertheless it is hereby Enacted and Declared, That all and singular the Lands and Tenements given and gran­ted, or mentioned to be given and granted in and by the seve­ral Letters Patents herein before confirmed, shall be and re­main and continue subject to such Rents and Payments, and shall be held by such tenures and services as any other lands [Page 82] intended to be confirmed by his Majesties gracious Declarati­on or Instructions, or by this present Act ought to yield, pay, render or perform.

And in case any of the aforesaid Grants or Demises be made at a less Rent than such a proportion of Acres ought to pay according to this direction, then a Survey being first ta­ken, an addition is to be made to the reserved Rent of so much as will equal it therewith and make it agreable to this Rule, without any further prejudice to the said Grants or De­mises.

Saving to all and every person and persons, Bodies politick and Corporate, their Heirs, Executors, Successors and As­signs, other than to the Kings Majesty, his Heirs and Suc­cessors, and other then to such person or persons, Bodies poli­tick and Corporate, who by the Qualifications in this Act ex­pressed, shall not be adjudged innocent, and other then to such person or persons who shall or may claim to the use of, or in trust for them, or any of them, and other then to John Black­well, his Heirs and Assigns, and those claiming by, from or under him, them, or any of them, any Estate or Interest of, in or to the Manor, Town or Island of Clantraffe, or any part thereof, All such Estate, Right, Title and Interest of, in or to the several Lands and Tenements in and by the said Letters Patents respectively granted or mentioned to be granted, as they or any of them have, or ought to have the same, as fully and amply to all Intents and Purposes, as if this Act had never been had nor made.

And Be it further Enacted, That all Letters Patents whatsoever, whereby any of the premisses hereby vested, have been given or granted under the Great Seals of England or Ire­land respectively, since the Thirtieth of November, One Thousand Six Hundred and Sixty, by vertue of any Bills, Warrants, or other Commands, under his Majesties Sig­net or Sign Manual, Dated since the said Thirtieth day of November, One Thousand Six Hundred and Sixty, shall be and are hereby Ratified and Confirmed, and shall be held and enjoyed in like manner, and under the like Rents and Pay­ments, Tenures and Services, and subject to the like Sa­ving of Rights and Interests, as any other Letters Patents herein before mentioned to be Confirmed, are subject un­to.

Provided nevertheless, That if his Majesty, his Heirs or Successors, or any of them, shall think it fit or expedient for the better promoting of the Ends of the Declaration and In­structions, and this present Act, to revoke, determine, or make void all or any the said Letters Patents granted since the [Page 83] said Thirtieth day of November, by vertue of any Warrants or Commands under his Majesties Signet or Sign Manual, dated likewise since the said Thirtieth of November, & shall un­der the Great Seal of England or Ireland signifie or declare his or their Royal Will and Pleasure, to revoke, determine or make void them or any of them, that then and immediately from and after such signification or Declaration of his or their Royal Will and Pleasure, such and so many of the said Let­ters Patents as shall be therein Declared to be void, shall cease and determine and become utterly void and of none ef­fect, and all and singular the Lands and Tenements in the said Letters Patents mentioned, shall be again vested in his Majesty, his Heirs and Successors, for and to the same intent and purpose as the other lands hereby vested are vested and set­led, any thing in this Act contained to the contrary notwith­standing.

Provided alwayes and it is hereby further Declared and Enacted, That where any Lands or Tenements shall be dis­posed of, or any person or persons shall happen to be restored unto his or their Lands or Tenements by vertue of this pre­sent Act, or by vertue of any Order, Sentence or Decree made by the Commissioners for the execution thereof, that then and in such case all and every the person and persons formerly sei­zed or possessed of any the Lands or Tenements so as aforesaid restored or disposed of, shall be and are hereby discharged and indemnified of and from all Suits, Actions, Prosecutions and Demands whatsoever, touching or concerning the mean Rents, Issues and Profits of the same, this Act or any other Law, Matter or Thing to the contrary notwithstanding: Saving nevertheless unto all innocent persons, their Heirs, Executors and Assigns the Right and Title to the mean pro­fits of their respective Lands and Tenements which have been received since the time of their several and respective Claims put in before the Commissioners heretofore appoin­ted.

Provided alwayes and be it Enacted, That the Forfeited Houses, Lands, Tenements and Hereditaments in the Town and County of Galway and elsewhere within the Pro­vince of Connaught, now or late in the possession of Sir Tho­mas Clarges Knight, or his Assigns, shall remain and continue in his Majesty, his Heirs and Successors, to be disposed of as he or they shall think fit, any thing in this Act contained to the contrary notwithstanding.

And be it futher Enacted by the Authority aforesaid, That all and every the Adventurers, their Heirs and Assigns respe­ctively, and all and every other person or persons having or [Page 84] claiming to have any Lands or Tenements for and towards satisfaction of moneyes adventured for Lands in Ireland, or having or claiming to have as an Original Adventurer, or by, from, or under any Adventurer his Heirs or Assigns, any benefit of Settlement, Confirmation or Reprizal, or any o­ther advantage whatsoever by vertue of this present Act, shall pay, or cause to be paid, unto the Kings Majesty One full years value of the profits arising out of the lands possessed & en­joyed, or to be possessed or enjoyed, as aforesaid, to be paid at two several Payments within the space of two years, by even & equal payments, the first payment thereof to be upon the first day of November, which shall be in the year of Our Lord One thousand six hundred sixty two, and the second day of payment to be upon the First day of November, which shall be in the year of Our Lord one thousand six hundred sixty & three.

And be it also Enacted by the Authority aforesaid, That all and every the Souldiers, their Heirs and Assigns respective­ly, and all & every other person or persons having or clai­ming to have any Lands or Tenements in Ireland, for and to­wards satisfaction of any Arrears or Debentures, or having or claiming to have as a Souldier, or by, from or under any Souldier, his Heirs or Assigns, any benefit of Settlement, Confirmation or Reprizal, or any other advantage whatsoever by vertue of this present Act, shall pay, or cause to be paid, unto the Kings Majesty one full half years value of the pro­fits arising out of the Lands possessed or enjoyed, or to be pos­sessed and enjoyed, as aforesaid, to be paid at one intire payment upon the first day of November, which shall be in the year of our Lord One thousand six hundred sixty two.

And if it shall happen that any Adventurer or Souldier, or any other person claiming by, from or under them or any of them, shall make default of payment of all or any part of the said years value or half years value respectively herein before mentioned, to be paid by the space of Twenty dayes after any of the said respective dayes or times wherein the same ought to be paid, that then and immediately from and after such de­fault made, all and every the benefit and advantage which by vertue of this present Act doth or may accrue unto the person so making default, his Heirs, Executors or Assigns, shall cease, determine, and be utterly void and of no effect, and that it shall and may be lawful to proceed against such person and persons, his Heirs, Executors and Assigns, and against his and their Lands and Tenements whereof he or they stand possessed, as fully and amply as if he or they had not been comprized within this present Act, any thing in this Act [Page 85] herein before contained to the contrary in any wise notwith­standing.

And to the end a due care may be had for the assessing and ascertaining the several and respective sums, which ought to be paid by the Adventurers and Souldiers, and those who claim by, from or under them or any of them, and likewise for the safe and orderly receipt, collection thereof; Be it further Enacted by the Authority aforesaid, That it shall and may be lawful to and for his Majesty at any time hereafter, accord­ing to His good pleasure, to issue out such other Commission and Commissions, to be directed to such other persons, not be­ing any of the Commissioners for execution of the Declarati­on and Instructions and this present Act, as his Majesty shall think fit, which said other Commissioners so as aforesaid to be appointed, or so many of them as in the said Commission or Commissions shall be directed, shall have Power and Autho­rity by vertue of this Act to impannel Iuries and examine Witnesses to administer Oathes to the parties concerned, to cause the Lands to be viewed and surveyed; and by al [...] or any of these wayes, or by any other lawful way or means whatso­ever, to inquire into and inform themselves of the true yearly value of all and every the Messuages, Manors, Lands, Te­nements and Hereditaments, possessed by any Adventurer or Souldier, or any other person claiming by, from or under them any benefit by vertue of this present Act, as the same were worth in the year One thousand six hundred Fifty nine, and to Order and Declare the true and full yearly value of the same, which Declaration and Order of the said Commissioners, or of so many of them as shall be thereunto Impowered, shall be en­tred in a Book to be kept for that purpose, and a Duplicate thereof shall be returned into his Majesties Court of Exche­quer, there to remain as a Record, and shall be and is hereby made a Charge upon all and every the Messuages, Lands and Tenements therein mentioned, described or referred unto, and shall be sufficient to Intitle his Majesty to have and receive a years value or a halfe years value, according to that rate, and in such manner as is herein before limited; which several and respective sums so ascertained as aforesaid, shall under the Penalties herein before mentioned be paid unto the Right Honourable Roger Earl of Orrery, and John Lord Viscount Massareene, whom his Majesty hath appointed to be his Re­ceivers of the same, or to such other persons as his Majesty shall hereafter appoint for that purpose, who shall accompt for and pay unto his Majesty in his Court of Exchequer all and every the sums of money by them received.

And it is hereby further Declared and Enacted, that the [Page 86] Receivers for the time being shall observe and follow such Di­rections and Instructions as his Majesty hath heretofore gi­ven, or at any time hereafter shall give.

Provided nevertheless and be it Enacted, That all Lands, Tenements and Hereditaments, which are or shall be before the First day of May, One thousand six hundred sixty and two, setled or conveyed by Erasmus Smith Esq for any pious or cha­ritable use, shall be and are hereby exempted and freed from paying the years Rent or full years value of the profits herein before assessed, imposed or reserved, any thing in this present Act contained to the contrary notwithstanding.

Provided alwayes and it is hereby further Enacted, That where any Lease or Leases of any Messuages, Manors, Lands or Tenements, whereof the next or immediate reversion or re­mainder doth or shall appertain to any innocent Protestant or Papist, not exceeding the time and term of One and Thirty years, or Three lives, from the Three and Twentieth day of October, One thousand Sir hundred Forty one, or other soo­ner time of making thereof, are forfeited to and vested in his Majesty: It shall and may be lawful to and for the Lord Lieu­tenant, or other Chief Governour or Governors for the time being, by any D [...]ed under his or their Hands and Seals to grant the rest and residue of such lease or leases unto such in­nocent person or persons as are or shall be Intituled unto the next or immediate reversion or remainder, which Grants shall be sufficient to Intitle the persons to whom they shall be respectively made to enjoy the said lease or leases against Vs, Our Heirs and Successors, and against all and every other person.

And be it further Enacted by the Authority aforesaid, That Donnough Earl of Clancarthy, and Charles Viscount Muskry his Son, and both of them respectively, shall be and are here­by restored unto their Blood and Honour, and shall and may derive their Pedigree and Descent from their and every of their Ancestors, Lineal and Collateral, and shall be and are hereby restored unto, and shall and may have, hold, possess and enjoy unto them and their Heirs respectively, all and singular the Titles of Honour, Dignities, Honours, Manors, Castles, Lordships, Lands, Tenements, Reversions, Re­mainders, and all other Hereditaments, Right, Title and Interest whatsoever in the said Kingdome of Ireland, which he the said Donnough Earl of Clancarthy, or the said Charles Viscount Muskry or either of them, or any other person or persons in Trust for them or either of them, or to their or ei­ther of their use or uses, had, held or enjoyed, or of right ought to have held or enjoyed on the Two and Twentieth day [Page 87] of October, One thousand six hundred forty one, or at any time since according to, by and under the same Tenure, Rents and Services as the same were then held, and by and under no other Tenure, Rents or Services, this present, or any other Act, Law, Statute, Ordinance, Order, Outla [...]y, Attain­der, Record, Provision, Sequestration, Distribution, Al­lotment, Iudgement or Conviction, or any other Cause, Matter or Thing to the contrary notwithstanding: Saving to all and every person or persons, Bodies Politick and Cor­porate, their Heirs and Successors, other than to his Majesty, his Heirs and Successors, and those who shall or may claim by, from or under his Majesty, his Heirs and Successors, or any of them, all such Right, Title or Interests, which they or either of them had before the passing of this Act.

And be it further Enacted, That all such persons as are or shall be dispossessed of any part of his or their Estates in order to the said Earl of Clancarty and Lord Viscount Muskry's restitution, who are reprizable by the rules of his Majesties Declaration, shall be forthwith reprized in lands of equal worth and value. Be it further Enacted by the Authority a­foresaid, That Sir Connel Farrel Knight, for his faithful and eminent Services and constant adherence to Vs in the Parts beyond the Seas, be and hereby is restored to and setled in so much of the Manors, Towns and Lands of Tulickin, Lack­in, Kiltaffery, Lisanisky in the County of Longford, the Towns and Lands of Rosmore and Ferry-Glass in the Coun­ty of Leytrim, the Towns and Lands of Loghil, Ederagh, Creagh, Carromoare, Linnen, Derryartwood, Ballyglaslan, Mullacorny, alias Mullaghwerny, and Larach in the said County of Longford, as were belonging to John Farrel Father to the said Sir Connel, and unto him the said Sir Connel, or either of them, the Two and Twentieth day of October, One thousand six hundred forty one, or at any time since, to have and to hold unto the said Sir Connel Farrel, his Heirs & Assigns for ever, under such Rents, Tenures and Services as they were formerly held.

And it is further Enacted by the Authority aforesaid, That Cornet Robert Meredith, and such others to whom the pre­misses were set out for Arrears, be forthwith reprized for the same by other forfeited lands of equal value, worth and pur­chase, by Our Commissioners appointed or to be appointed for putting Our Gracious Declaration and Instructions in execution, and that the lands so to be set and given for repri­zals unto the said Cornet Robert Meredith and the others in­terested in the lands aforesaid, be by the Authority aforesaid on the setting out thereof, vested and setled in the said Robert [Page 88] Meredith, and the rest of the said persons to be reprized and their Heirs respectively.

And be it further Enacted by the Authority aforesaid, That Sir William Pen shall be forthwith reprized to the full yearly value, worth and purchase of the Lands by him heretofore pos­sest, and according to the value of the said Lands in the Ba­rony of Muskry, whereof he hath been dispossest in order to the Restitution of the Earl of Clancarty, at the time of his Surrender, and his Improvements of the same, and for the Arrears of Rents quitted to the said Earl, as also for the Rent that would or might become due, until the said Sir William Pen shall be possest of a full Reprize as aforesaid, out of such forfeited Lands and Possessions as he now holdeth as Tenant to His Majesty, in the said County of Corke, so far as the same will extend thereunto, and in case of Defect or Restitu­tion of any of the said Lands, the same to be made up out of other forfeited Lands of a good and clear Title and unincum­bred, with the first that shall be reprized. And if the Title of any of the Lands by which he shall be so reprized, shall be de­fective, or that the said Lands be liable to Incumbrances, that forthwith upon Discovery of the same, his Reprize shall be made up fully by other forfeited Lands of a clear Title, and free from Incumbrances, and so from time to time, till the said Reprize be compleated as aforesaid.

And whereas there was formerly intended to be setled on the Orphans of Colonel Owen O Connely, particularly men­tioned in the Declaration, Lands to the value of Two Hun­dred Pounds per annum, as a Recompence for the Fathers Services performed in the Discovery of the Rebellion which begun the Three and Twentieth of October, One Thousand Six Hundred Forty One; Be it therefore Enacted by the Au­thority aforesaid, That the Commissioners to be appointed for the Execution of this Act, shall and are hereby impowered to set out for the use of Arthur and Martha O Connely, Orphans of the said Owen O Connely, their Heirs and Assigns, out of the Forfeited Lands of Murragh, Leestown, Westperstown, Bernonstown, Artaine, Bremore, alias New Haven, in the Baronies of Balruddery and Conlocke, or elsewhere in the County of Dublin, an Estate of the value of Two Hundred Pounds per annum, which Estate of Two Hundred Pounds per annum, so to be set out for their use, shall be chosen out of such of the aforesaid Lands as are Forfeited, for the best conve­niency of the Orphans, under the like Rents and Tenures, and with the like Benefit of Reprizals in case of Restitution, Removal, or Incumbrance, as Adventurers are to have by virtue of this present Act: Which Lands so to be set out as [Page 89] aforesaid, are to be setled upon the said Orphans, their Heirs and Assigns, in such manner and proportions, and according to such Rates and Values as the Lord Lieutenant, or other Chief Governour or Governours of Ireland, for the time being shall direct and appoint.

Provided always, That neither this Act, nor any thing therein contained, shall be construed or extend to prejudice Anne Marchioness Dowager of Clanrickard, her Right unto any the Lands or Hereditaments setled upon her for her Ioyn­ture, but that the said Marchioness of Clanrickard, her Te­nants and Assigns, shall forthwith enter into, possess and en­joy the said Lands and Hereditaments, according to her Title unto the same, in the same manner and form as she and they might have done, if this Act had not been had nor made, this Act or any thing therein contained notwithstanding.

Provided always, That neither this Act, nor any thing therein contained, shall be construed to prejudice the Grant made by his Majesties late Father of ever Glorious Memory, unto George Lane Esq in Trust for Sir George Hamilton, of the Lands, Tenements and Hereditaments whereof John Draycot of Mornonstown, in the County of Meath Esq attaint­ed of High Treason, and since deceased, was seized, or some other person or persons in trust for him or to his use, in the Year One Thousand Six Hundred Forty One, but that the same shall be of such and no other effect, as if this Act had not been made.

Provided also, and be it Enacted by the Authority aforesaid, That Captain William Hamilton of Lough Currine in the County of Tyrone, his Heirs and Assigns, be forthwith satis­fied for all such Arrears as upon stating thereof shall appear to rest due unto him, either in his own Right, or as Heir, Executor, Administrator or Assigne to others, for his or their respective Services in the War of Ireland, Out of the Lands, Tenements or Hereditaments lately belonging or reputed to belong unto Sir Phelim O Neile of Kinard Knight, lying and being in the Barony of Dungannon, in the County of Tyrone, according to the Rates of Ten Years purchase free Rent, o­ver and above all Incumbrances and Reprizes whatsoever, subject nevertheless to the like Rents, Payments, Tenures and Services, as either the Lands of Officers who served be­fore June, One Thousand Six Hundred and Forty Nine, are subject unto within that Province. And if in case the said Lands, Tenements and Hereditaments belonging unto the said Phelim O Neile, at the Rate aforesaid, shall not amount to a full Satisfaction of the said Arrear or Arrears, then the remaining part of such Arrear or Arrears, shall be satisfied and set forth to him the said William Hamilton, his Heirs or [Page 90] Assigns, out of the Forfeited Lands, Tenements and Heredi­taments, lying and being in the Baronies of Ardagh and Grannard in the County of Longford, at the like rate and in like manner as aforesaid, any thing in this Act contained to the contrary in any wise notwithstanding.

Provided alwayes, That such forfeited and unrestorable lands within and contiguous to the Mile-Line in the County of Clare, that were set out unto Sir Richard Ingoldsby Kt. of the Bath, and Sir Henry Ingoldsby Baronet, or either of them in satisfaction of one thousand five hundred and fifteen pounds eleven shillings and two pence, with their now dwelling Hou­ses and Gardens in Limrick, of which they or either of them were possessed by themselves or Tenants the Seventh of May, One thousand six hundred fifty nine, in consideration of their great Expence by improvement on the premisses, be hereby vested, setled and assured in and upon them, their Heirs and Assigns for ever, they or either of them delivering up to the Lord Chancellor of Ireland, who is hereby impowered to re­ceive the same, so many Debentures for Pay due to Officers before One thousand six hundred forty nine, as at the rate of Twelve shillings Six pence in the Pound, shall amount unto the full sum of Two thousand Pounds in lieu of the said One thousand five hundred and fifteen pounds, the same to be held and enjoyed by such Tenures, Rents and Services, as other Lands and Houses set out for Services in the year One thou­sand six hundred forty and nine, are or shall be held by this pre­sent Act.

And in case they shall be dispossessed of any of the said Houses or Lands by virtue of the Declaration, or any Clause in this Act, That they shall have reprizal for the same in such manner as other persons are reprizable by this Act, any thing in this Act to the contrary notwithstanding.

Provided also, and be it further Enacted, That out of the several parcels of Land of and in Cloenogrha, Lackleenagh, Clenefore, Capprogge and Cloonederage, with their members and appurtenances in the County of Longford, Lands to the clear yearly value of fifty Pounds per annum, be setled upon and granted unto John Ferral Esq your Majesties Servant, and his Heirs, to be held in Capite and by the yearly Rent of Twenty shillings a year, any Grant, Clause, matter or Thing herein contained to the contrary notwithstanding.

And forasmuch as Captain John Bartlet and Captain Tho­mas Bartlet have been eminently serviceable in and upon the Coast of Ireland to your Majesty and your Royal Father of bles­sed memory: Be it further enacted by the Authority afore­said, That the said John Bartlet, and the Heir of the said [Page 91] Thomas Bartlet, their Heirs and Assigns, be equally satisfied and paid whatsoever is due unto them, or their Heirs or As­signs, for their or either of their Disbursements in the said Service, before the first day of June, One Thousand Six Hundred Forty Nine, according to such Accompts and stating thereof, as shall be allowed by the Lord Lieutenant and Coun­cil of Ireland, out of the Lands, Houses, and other the Secu­rity appointed or set apart for Satisfaction of the Commission-Officers that served in Our Kingdom of Ireland, before the said Fifth day of June, One Thousand Six Hundred Forty and Nine, and in such manner as they or any of them are appoint­ed to be satisfied and paid in or by his Majesties Gracious Declaration of the Thirtieth of November, One Thousand Six Hundred and Sixty, or any Act or Acts made pursuant thereunto, any thing herein before mentioned to the contrary notwithstanding.

Provided always, and Be it Enacted, That this Act, or any thing therein contained, shall not extend or be construed to extend to any Manors, Castles, Towns, Villages, Messua­ges, Lands, Tenements or Hereditaments, which are or were of Sir Andrew Aylemer of Donnada in the County of Kiidare, Knight and Baronet, but that he the said Sir Andrew Ayle­mer his Heirs and Assigns, shall and may have, hold, and enjoy all and every such Manors, Castles, Towns, Villages, Messuages, Lands, Tenements and Hereditaments where­of he was so seized or possessed the two and twentieth of Octo­ber, One Thousand Six Hundred Forty One, according to such Right and Title therein, as he or they respectively then had, any thing in this Act contained to the contrary thereof notwithstanding.

Provided always, and Be it Enacted by the Authority afore­said, That this Act, or any thing or matter therein contain­ed, shall not extend to any Lands, Tenements or Heredita­ments whereof James Lord Audley Earl of Castle-Haven, was seized or possest of in this Kingdom, on the Two and Twenti­eth of October, One Thousand Six Hundred Forty One, nor to prejudice or avoid any Right, Title or Interest that the said Earl, his Heirs or Assigns had or might have to or in any Lands, Tenements or Hereditaments in this Kingdom, but that the said Earl, his Heirs, Executors or Assigns may be & are hereby restored to all and singular such Lands, Tenements and Hereditaments, whereof he or they were lawfully seized or possest, and that all and every person or persons, their Heirs, Executors or Assigns, that have had all or any part of such Lands, Tenements or Hereditaments set out unto them, are hereby immediately to be removed, and that such who shall be [Page 92] so removed, and are justly capable of Reprize, be Reprized as others in like cases are to be reprized, any thing in this Act to the contrary notwithstanding.

And Be it further Enacted by the Authority aforesaid, That Colonel John Fitz-Patrick of Castle-Town in the Queens Coun­ty, shall be and is hereby restored in Blood, and enabled to make and derive his Pedigree from any Ancestor Lineal or Col­lateral; and shall also be restored unto and vested in the Real and Actual possession and seizin to him and his Heirs, of all and every the Castles, Manors, Lands, Tenements and Heredi­taments, Reversions and Remainders and Leases whereof the said Colonel John Fitz-Patrick or his Father, or any other in Trust for them or either of them, or to their use, were at any time before the Two and Twentieth of October, One thou­sand six hundred forty one, lawfully seized or possessed, any thing in this Act or otherwise notwithstanding.

And that all and every the persons to be removed from any of the premisses, shall be forthwith reprized for the same, ac­cording to the merit of his case.

Provided always, That this Act or any thing therein con­tained, shall not extend to prejudice his Majesties Grant un­der the Great Seal unto Sir George Preston Knight and his Heirs, of the forfeited Mills, Wares and Fishings upon the River of Shannon, or upon any part thereof, and upon the Sea Coast in the Province of Connaught and in the County of Lei­trim, but that the same shall be of such and no other force and effect than as if this Act had not been made.

And whereas Thomas Cooper and William Row are Pur­chasers of certain Lands in the Barony of Denifore in the County of Westmeath, for which they paid Five thousand Pounds, or thereabouts, to Edward Carey late of the Middle Temple Esq who had formerly purchased the same of divers other Adventurers; And the said Thomas Cooper and William Row, their Heirs or Assigns, being in possession upon the Se­venth day of May in the year One thousand six hundred fifty and nine, may happily expect according to some general words in His Majesties Declaration, and those His Majesties for­mer Instructions contained, that their Estates should be made good to them as well as to any other Adventurers or their As­signs.

Nevertheless his Majesty being well assured that the pur­chase made by the said Thomas Cooper and William Row, was only in trust for the Wife and Children of Archibald Hamil­ton, then newly executed for Treason in Scotland; and the moneys laid out in that purchase for the Wife and Children, were given by Cromwel as a Reward of those Treasons, hath [Page 93] thought fit to distinguish this Case from the Case of other Ad­venturers and their Assigns; Be it therefore Enacted by the Authority aforesaid, That the said Thomas Cooper and Willi­am Row be removed from the possession of the premisses, and all other persons claiming by, from or under them; and that the same be delivered unto Thomas Pigot Esq Master of Our Court of Wards and Liveries in Ireland, and unto Matthew Lock Esq To Have and to Hold to them and their Heirs; subject nevertheless to the payment of the like Rents and Services as the Adventurers for Lands in the Province of Leinster are, and granting to them the like Benefit of Repri­zals in cases of Restitution, as the Adventurers, or their Assignes should have had in case they had still enjoyed the same.

Provided always, and Be it Enacted by the Authority of this present Parliament, That one Grant or Lease made by Ran­dal now Marquess of Antrim, on or about the One and Twen­tieth day of November, in the year of Our Lord One Thou­sand Six Hundred Thirty Seven, of the Barony of Carey, the Lordship of Bally Castle, and the Island of Rachlins, and all his Lands and Hereditaments within the said Barony, Lordship and Island, or any of them, unto Alexander Mac Donnel, John Moore, Archibald Stewart, and John Trayleman, for ninety nine years, from Michaelmas, One Thousand Six Hundred Thirty Seven, which Lease was made in Trust for payment of, and Counter-Security against his Debts, shall be and remain of the like effect and force in Law, and no o­ther, as the same was before the making of this Act, any thing in this Act before contained to the contrary notwithstand­ing.

And that the said Estate and term of years of and in the said demised premisses, shall be and is hereby transferred from the aforesaid Lessees unto, and vested and setled in Martin Noel Esq Thomas Carleton Citizen and Mercer of London, and John Bradborne of the Middle Temple London Gentleman, who shall hold and enjoy the said demised premisses from hence­forth, for and during such Interest as they legally have by the said Lease, upon this Trust reposed in them, the said Martin Noel, Thomas Carleton and John Bradborne, that they, their Executors and Administrators shall from time to time dispose and imploy such moneys as they shall raise or receive by or out of the said Premisses for and towards the Satisfaction and Payment of all such Debts of the said Marquess, as are yet unpaid, and were intended by the said Lease or Nine­ty nine years to be secured, and that all and every person and persons now seized or possessed of any part of the premisses, and [Page 94] reprizable by the Rules of the Declaration and Instructions and this present Act, shall be forthwith reprized for so much as shall be Adjudged from Them by Virtue of the said Lease.

Provided always, and Be it Enacted by the Authority a­foresaid, That it shall and may be lawful to and for the Right Honourable Thomas Earl of Southampton Lord High Treasu­rer of England, Anthony Ashley, Lord Ashley, Sir Orlando Bridgman Knight and Baronet, Lord Chief Iustice of his Ma­jesties Court of Common Pleas, and Sir Henry Vernon, To Have, Hold and enjoy to them and their Heirs and Assigns all that the Castle, Manor and Abby of Eniscorthy in the County of Wexford, and all those Manors, Townships, Lands, Tenements, Territories and Hereditaments, late parcel of the possessions of Robert Wallop, commonly called or known by the name of Kilbeck, Clony, Turnesallough, and Effernock, and also all that the Priory or Rectory and Church Impropriate of Salsker, in the said County of Wexford, late parcel of the possessions of the said Robert Wallop, with all Tythes, Oblations, Obventions, and all other Profits what­soever thereunto belonging, and all other the Messuages, Lands, Tenements, Tythes, Rents, Reversions and Here­ditaments whatsoever in the Kingdom of Ireland, granted or mentioned to be granted unto the said Earl of Southampton, Lord Ashley, Sir Orlando Bridgman, and Sir Henry Vernon, and their Heirs, in and by certain Letters Patents bearing Date the Six and Twentieth day of September, in the Thir­teenth year of his Majesties Reign, which said Letters Pa­tents shall be and are hereby ratified, confirmed and approved according to the Tenor and Purport thereof, any thing in this present Act contained to the contrary thereof in any wise not­withstanding.

Provided always, and Be it further Enacted by the Autho­rity aforesaid, That it shall and may be lawful to and for Sir Richard Ingoldsby Knight of the Bath, to receive and take to his own use the Rents, Issues and Profits of all and singular the Messuages, Lands and Tenements formerly belonging to Sir Hardress Waller, and now forfeited by the Attainder of the said Sir Hardress Waller for High Treason, and also all and singular the Goods and Chattels formerly belonging to the said Sir Hardress Waller, and now forfeited, wheresoever the same shall be found in the Kingdom of Ireland, until the said Sir Richard Ingoldsby shall out of the Rents and Profits, or by reason of the said Goods and Chattels be fully satisfied and paid the sum of Two Thousand Pounds with the Interest thereof since the year One thousand Six hundred Fifty eight, [Page 95] or so much thereof as remains yet unsatisfied, he the said Sir Richard Ingoldsby accompting for, and paying the full Over­plus thereof (if any shall be) unto Our Sovereign Lord the King, any thing in this Act before contained to the contrary notwithstanding.

Provided always and be it further Enacted by the Authority aforesaid, That it shall and may be lawful to and for Sr. George Lane Knight, his Heirs and Assignes, to have, hold, possess and quietly enjoy to the use of him the said Sir George Lane Knight, his Heirs and Assigns, all the Lands, Tenements and Hereditaments wherein the said Sir George Lane had a­ny Estate in Possession, Reversion or Remainder, on the Fif­teenth day of September, One thousand six hundred and fifty; And also all the Castles, Manors, Lands, Tenements and Hereditaments which he the said Sir George Lane, or any o­ther person or persons in Trust for him the said Sir George Lane, or to his Vse hath or have purchased of or from Tho­mas Dutton Esq Son and Heir of Sir Thomas Dutton Kt. deceased; and also of and from Sir John Norton of Rother­field in the County of Southampton Baronet, situate, lying and being in the Counties of Longford and Leitrim, contain­ing by Estimation Two Thousand Six hundred Acres of profitable land, be it more or less: And also all other the Messuages, Lands, Tenements and Hereditaments whereof John Cook and Philip Hore lately attained for High Treason, or either of them, or any other person or persons to the use of, or in Trust for them, or either of them was or were seized or possessed on the Day they the said John and Philip respectively committed their several Treasons, or at any time since, and which were given and granted, or mentioned to be given and granted by his Majesties Letters Patents under the Great Seal of Ireland, unto the said Sir George Lane, and his Heirs, according to the purport and meaning of the said Letters Patents, all which said Manors, Castles, Lands, Tene­ments and Hereditaments are to be held and enjoyed by the said Sir George Lane his heirs and assigns, with like benefit of Reprizal in case of Restitution, as any Adventurers ought to have: Saving to all and every person and persons, Bo­dies Politick and Corporate, their Heirs, Executors, Succes­sors and Assigns, other then to the Kings Maiesty, his Heirs and Successors, and other then to the said Thomas Dutton, Sir John Norton, John Cook and Philip Hore, or any of them, or the Heirs, Executors, Administrators or Assigns of them, or any of them, and other than such person and persons, their Heirs, Executors, or Assigns, as do or may claim to the use of or in trust for them or any of them, and other than to such [Page 96] person and persons, their Heirs, Executors and Assigns, who shall not be adjudged innocent according to the Qualifications of this present Act, all such Estate, Right, Title and Interest, either in Law or Equity, as they or any of them had before the making of this Act, any thing in this Act contained to the contrary notwithstanding.

Provided alwayes, and be it Enacted, That the Lands, Tenement and Hereditaments now in the possession of George Duke of Albemarle, or his Assigns, which are or shall be confirmed to him, his Heirs and Assigns, by or in pursuance of this or any other Act of this Parliament, or any other Grant from his Majesty, his Heirs and Successors, shall be, conti­nue and remain to him, his heirs and assigns for ever, to be held in free and common Soccage, as of his Majesties Castle of Dublin by Fealty, and the yearly Rent of Ten pounds pay­able at the Two most usual Feasts in the Year (viz.) Saint Michael the Arch-Angel and our Lady Day, by Two most equal Portions at his Majesties Receipt of the Exchequer, and freed and discharged from all other Rents, Accompts, or other Services to his Majesty, his Heirs or Successors, any thing in this or any other Law, Statute or Ordinance to the con­trary in any wise notwithstanding.

Provided also and be it Enacted, That the Town of Mol­lingar in the County of Westmeath, with all the houses, Ca­stles, Tenements, Lands and Commons thereunto belonging and forfeited to his Majesty, be, and they are hereby settled upon Sir Arthur Forbess Baronet and his heires for ever, ac­cording to a Grant thereof passed unto him by Letters Pa­tents under his Majesties Great Seal of Ireland, bearing Date the Seven and Twentieth day of July in the Thirteenth year of his said Majesties Reign.

And whereas some doubt may arise upon the words of that Clause relating to the satisfaction of such Commissioned-Of­ficers, their heirs or assigns, who were in Regiments, Troops or Companies raised in Ireland, or Transported out of England, and served his late Royal Majesty of Glorious memory, or his now Majesty in the Wars in Ireland, at any time before the Fifth day of June, One thousand six hundred forty nine, whether provision be thereby made for satisfaction of the Arrears due to James Duke of Ormond, Robert Earl of Leicester, according to their several Commands they bore in the said Kingdom of Ireland: Be it therefore Enacted by the Au­thority aforesaid, That all and several Arrears due to the said James Duke of Ormond, and Robert Earl of Leicester, or either of them, by or upon all or any their Entertainments or Allowances, according to their Commands aforesaid, be [Page 97] and shall be satisfied out of the lands, Tenements and Here­ditaments, and other securities by this present Act laid out and ascertained for the satisfaction of such Officers unto the said Duke and Earl, their Heirs or Assigns, according to the same rate, and in the same manner as such Arrears by this present Act are to be satisfied, any Clause or thing in this Act to the contrary notwithstanding.

And for the better satisfaction of Robert Southwel of King­sale in the Kingdom of Ireland Esq the sum of Seven hun­dred pounds by him heretofore furnished for the supply of Our Fleet in the year One thousand six hundred forty eight, being then in the Port of Kingsale aforesaid:

Be it therefore Enacted by the Authority aforesaid, That the Forfeited Lands late the freehold and inheritance of Philip Barrioge, lying in the Liberty of Kingsale and Barony of Ki­nalea in the County of Cork in the said Kingdome of Ireland, situate, lying and being in the several Plow-lands and Pla­ces herein after mentioned: One Plow-land called Rincorran, One Plow-land called Raghmore, and one Plow-land called Preehaus lying in the liberty of Kingsale, one half of a Plow-land called Toghermeshim, half a Plow-land called Currentry Leshane, half a Plow-land called Knocknenaffe, half a Plow-land called Ballineclashy, and one quarter of a Plow-land called Ballinvallin, lying and being in the Barrony of Kinelea in the County of Cork, all containing by estimation One thousand Three hundred Seventy and two Acres: as also parcel of the forfeited lands of James Melliphont (videl.) One Plow-land called Southwaters land, wherein is the place called Cilly and Bensons Cow, containing about One hundred and Sixty Acres, and lying and being in the said liberty of Kingsale, be held and emoyed by the said Robert Southwel, His Heirs and Assigns, in satisfaction and full recompence of his said Debt, to hold the same to the said Robert Southwel, his Heirs and Assigns for ever, subject nevertheless to the like Rents and Services, and with like benefit of Reprizal in case of restitution, as any adventurer ought to have, and also with like benefit or reprizal, in case the same be due to any Adven­turer or Souldier by virtue of this Act, any thing in this pre­sent Act contained to the contrary notwithstanding.

Provided alwayes, and be it Enacted by this present Par­liament, and by the Authority of the same, That the Lord ships of Templetown, Mooretown and Mouclogh in Cowly in the Diocess of Ardmagh, the Lordship of Kilsaran, the Re­ctories of Monasterboies, Desert, Clougegan, and the Lands and Hereditaments of Terman Feigham Doulier and Dow­nam, [Page 98] or by what other Name or Names they or any of them are known or called, with their and every of their appurte­nances, shall be and are hereby settled and vested in William Legge Esq one of the Grooms of his Majesties Bed-Cham­ber, his Executors and Assigns, for the term of Ninety nine Years to be accompted from the determination of one or more lease or leases heretofore made unto Sir Thomas Plunket Lord of Lowth, or to any other person or persons under such Yearly Rents and services as any Adventurers ought to pay within the Province where the premisses do lye, unless the Rent formerly reserved were greater, in which case the high­est Rent is to be paid.

And whereas there was set out and assigned unto Colonel Carey Dillon certain Lands, Tenements and Hereditaments within the Mile-line of Connaught and Clare, in satisfaction of a small part of his Arrears due unto him for Service in Ire­land, before the Fifth of June, One thousand six hundred forty nine, and by the Declaration confirmed unto him;

Be it therefore hereby further Provided and Enacted by the Authority aforesaid, That the said Carey Dillon, his Heirs, Executors, Administrators and Assignes, shall and may re­ceive for the remainder of his Arrears unsatisfied for Service in Ireland, before the Fifth of June, One thousand six hundred forty nine, farther and equal satisfaction, with other the Com­missioned▪Officers that shall or are to receive satisfaction for their respective Arrears, due before the said Fifth of June, One thousand six hundred forty nine, by virtue of this Act, any thing in this Act contained to the contrary in any wise not­withstanding.

And whereas several Clauses, Articles, Instructions, Pro­visoes, and other matters herein before and after mentioned, do relate to particular persons, and concern the Disposition and Settlement of several lands and Tenements to them, wherein and whereby divers innocent persons, Bodies Poli­tick and Corporate, their innocent Heirs, Executors, Suc­cessors or Assignes, may receive great loss and prejudice, if due care be not had for saving their Iust Rights and Interests; Be it therefore Enacted and Declared, That the several and respective Estates, Rights, Titles and Interests, belonging to any innocent person or persons, Bodies Politick or Corpo­rate, or to their innocent Heirs, Executors, Successors or Assigns, shall be and is hereby saved unto him or them respe­ctively, any Clause, Article, Instruction, Provisoe, or other Grant or Disposition thereof herein made to the contrary notwithstanding.

Whereas James Duke of Ormond in the time of his being [Page 99] Lieutenant General and General Governour of this his Ma­jesties Kingdom of Ireland, hath from the beginning of the Rebellion here in a most Eminent manner Acted in the Sup­pression thereof, and the Reducing the Persons involved there­in unto their due Obedience; and hath upon the most abstra­cted Considerations of Honour and Conscience, faithfully ad­hered to his Majesty, and to the Crown of England, without any Regard had to his own Estate or Fortune: And whereas divers Estates in tayle for life or years whereof the Reversions and Remainders in Fee, or Fee tayle is, or are in the said Duke, or in Elizabeth Dutchess of Ormond his Wife, are by means of the said Rebellion, or by virtue of this present Act, or otherwise become forfeited or vested in his Majesty, and divers other Mortgages, Leases, Statutes, Iudgements, and other Securities for moneys have been made, and acknowledged by the said Duke, or some of his Ancestors, unto persons whose Estate are by this present Act or otherwise vested in his Maje­sty, and his Majesty is thereby intituled unto the same, of which if his Majesty should take advantage, the same should not onely be very prejudicial to the said Duke, in respect of his own Estate, but also in respect of the Estates which he holds and enjoys in the Right of his said Dutchess, and would very much hinder the said Duke and Dutchess in the setling of their Estate, in such manner that he may provide for the pay­ment of his Debts, and make provision for his Children:

And whereas the said Duke of Ormond and the Lady Eliza­beth Dutchess of Ormond his Wife, have heretofore made one or more Conveyance or conveyances, thereby intending to settle their Estates in the said Kingdom of Ireland in their Posterity, and to provide for their younger Children, which Conveyance or Conveyances is, or are by means of the late troubles in the said Kingdom lost, or otherwise miscarried; and divers Changes and Alterations relating to their said Estates have happened since the making thereof as well by the Deaths of some of the Children of the said Duke and Dutch­ess, provided for thereby, and by the Birth of other Children not yet provided for, and divers Debts have been since contra­cted by the said Duke, which he in Honour and Iustice holds himself obliged to pay, but by reason of the said former Con­veyances and Settlements, if they should hereafter rise up in proof, or come to light, questions and differences might arise thereupon:

And whereas the said Duke and Dutchess in and by one Indenture Quadrupartite, purporting a Deed of Grant or Feoffment, bearing date the Twentieth day of December, One thousand Sir hundred Sixty one, in the Thirteenth year [Page 98] [...] [Page 99] [...] [Page 100] of his Majesties Reign, and made or mentioned to be made be­twen the said Duke and Dutchess of the first part, Hugh Earl of Mount-Alexander, Sir George Lane, and Sir William Flow­er of the second part, Donnogh Earl of Clancarthy, Sir Paul Davys, and George Carr Esq of the third part, and Thomas Harman, Edward Butler, John Bourden, and Laurence Walsh of the fourth part, have settled and limited, or made mention to settle and limit the Honours, Castles, Manors, Lordships, Lands, Tenements and other Hereditaments in that Qua­drupartite Indenture mentioned, to such uses and in such manner as are therein mentioned:

And whereas his Maiesty to shew his gracious Acceptance of the Service and hazards by him undergone and performed, is willing not onely to restore the said Duke and Dutchess to all their Honours, Dignities, Sigmories, Mannors, Castles, Lands, Tenements and Hereditaments, which by the gene­ral scope of this Act, and by some Construction that might thereupon be made, by reason of some Distribution or Allot­ment that hath been made thereof by the late Vsurped Pow­ers, might be vested in his Majesty, but also to to confer upon the said Duke, and free both his and the Estate of the said Dutchess, from all Estates in Tayl, Mortgages, Leases, Statutes, Iudgments, and other Securities, which are be­come forfeited, and are vested in his Majesty as aforesaid, and to which the Manors, Lands, or Estate in possession, Re­version or Remainder of the said Duke and Dutches, or ei­ther of them, are or may be subject and lyable: And his Maje­sty is also willing that the said Duke and Dutchess should set­tle their Estate in such manner as the same is or are menti­oned to be settled by the said Indenture Quadrupartite: For all which Ends and Purposes, Be it Enacted by the Au­thority aforesaid, That the said James Duke of Ormond, and the Lady Elizabeth Dutchess of Ormond his Wife, shall be and are hereby restored unto, and shall and may have, hold, pos­sess and enjoy all and singular the Titles of Honour and Dig­nities which they had, or of Right ought to have held the Two and Twentieth day of October, in the year of Our Lord God One thousand Six hundred Forty and one, or at any time since, and shall be also restored unto, and are hereby restored unto, and shall and may have, hold, possess and enjoy all and singu­lar the Seigniories, Manors, Castles, Lordships, Lands, Tene­ments Hereditaments, Reversions, Remainders, and all other Hereditaments and Interests whatsoever in the said Kingdom of Ireland, which he the said James Duke of Ormond & the said Lady Elizabeth Dutchess of Ormond his Wife, or either of them, in Right of the said Duke, or of the said Dutchess, or [Page 101] otherwise, or any other person or persons in Trust for them, or either or any of them had, held or enjoyed, or of tight ought to have, hold or enjoy, on the said Two and Twenti­eth day of October, One thousand six hundred forty and one, or at any time since as fully and freely, and for such Estate and Estates as they or any in Trust for them then had, held or en­joyed the same, together with al the Rents, Issues and Pro­fits thereof, since the Four and Twentieth day of April, in the year of Our Lord God One thousand six hundred and sixty, in as large, ample, and beneficial manner and form to all intents and purposes, as he the said James Duke of Ormond and the said Lady Elizabeth Dutchess of Ormond, or either of them, or any other person or persons in Trust for him or her, or to his or her use had, held or enjoyed, this present Act, or any other Act, Law, Statute, Ordinance, Order, At­tainder, Record, Provision, Sequestration, Distribution, Allotment, Iudgement or Conviction, or any Clause, Mat­ter or thing had, made, Transacted, or done to the contra­ry notwithstanding.

And to the end that the said Duke and Dutchess may have, hold, possess and enjoy their Estate and Estates, free from all Estates, Taile, Morgages, Leases, Statutes and Iudgements, and other securities for moneys forfeited to his Majesty, to which their Estate or Estates are or may be lya­ble;

Be it therefore further Enacted by the Authority aforesaid, That all Estates Tail for life or lives or for years, and all other Estates whatsoever, whereof the said Duke or Dut­chess of Ormond, or any other person in Trust for them or ei­ther of them, had the reversion or the remainder the Two and Twentieth of October, in the year of Our Lord One thou­sand Six hundred forty and one, or at any time since, and which by virtue of this present Act or otherwise are become for­feited to his Majesty: And all Iudgments, Statutes, Re­cognizances, and all other Securities for money of any kind or nature whatsoever, which may in any kind impeach, charge or incumber any of the Seigniories, Manors, Castles, Lordships, Lands, Tenements, Reversions, Remainders, or other Hereditaments or Interests whatsoever of the said Duke or Dutchess of Ormond, or of any other person or per­sons in Trust for them or either of them in the said Kingdom of Ireland, which by this present Act or otherwise are become forfeited or vested in his Maiesty, shall be vested, settled and given, and are hereby vested, settled and given to the said Duke of Ormond, as fully and ample, and in as large, ample, beneficial manner to all intents and purposes, and for such [Page 102] Estate and Estates in Fee-simple or otherwise, as his Majesty by virtue of this present Act, or any Clause therein contained, or by any other means had or might have had, held or enjoyed the same, any former or other Clause or Provision in this pre­sent Act, or any other Act, Law, Statute, Ordinance, Order, Attainder, Record, Provision, Sequestration, Distribution, Allotment, Iudgement or Conviction, or any other Cause, Matter or Thing, had, made, Transacted or done to the con­trary notwithstanding.

And to the end that the Estate and Estates of the said Duke and Dutchess may be settled in such manner as the same by the said Quadrupartite Indenture are intended to be settled; Be it therefore further enacted by the Authority aforesaid, That all and every Conveyance and Conveyances, Settle­ment and Settlements, Assurance and Assurances whatsoe­ver, at any time heretofore made by the said Duke and Dut­chess, or either of them, by themselves or joyntly with any o­ther persons Trusted on the behalf of them or any of their Children, for the settling of any the Honours, Seigniories, Castles, Lordships, Manors, Lands, Tenements, or any o­ther of the Hereditaments in the said Quadrupartite In­denture, mentioned upon the said Duke or Dutchess, or ei­ther of them, or upon their or any of their Children and Blood, with or without Remainders to any other person or persons whatsoever, shall be revoked, repealed, adnulled and made void, and are hereby revoked, repealed, adnulled and made void.

And be it further enacted by the Authority aforesaid, That all and singular the Honours, Seigniories, Castles, Lord­ships, Manors, Lands, Tenements and Hereditaments, mentioned in the said Indenture Quadrupartite, and in­tended to be granted, settled or conveyed, or mentioned to be thereby granted, settled or conveyed, shall be by the autho­rity of this present Act vested, settled and established, and are hereby vested, settled and established in the several respective persons, and for the several and respective Estate and E­states, Vse and Vses and Intents, and under and subject to the same powers, Limitations and Trusts, as are expressed touching the same, and contained in the said Quadrupar­tite Indenture, as fully as if the said Quadrupartite In­denture were executed by Fine, Common Recovery, Livery of Seizin, Atturnement of Tenants, or by any other way or means whatsoever requisite or necessary for the doing thereof, and as fully as if the said Quadrupartite Indenture had been particularly recited, expressed and enacted in this Act, notwithstanding the said Elizabeth Dutchess of Ormond be [Page 103] a Feme Covert, And although there be no other execution of the said Quadrupartite Indenture then the Power and Au­thority of this present Act, any other matter or thing what­soever to the contrary notwithstanding: Saving to all and every person and persons, Bodies Politick and Corporate, their Heirs and Successors, othen then to his Majesty, his Heirs and Successors, and other then to such whose Estates are forfeited to his Majesty, or are by this Act vested in his Ma­jesty, and those who claim by, from or under his Majesty, or them or any of them, all such Right, Title or Interest as they or any of them had before the passing of this Act; and al­so saving to all and every person and persons, Bodies Poli­tick and Corporate, other then the Children of the said Duke or Dutchess, and such others as claim any estate or estates in Trust for them or any of their Children, and such as claimes estates in Remainder, in Tail or Fee-simple by vertue of any conveyance or conveyances at any time heretofore made of the said Honours, Castles, Lordships, Manors and Lands, in and by the said Quadrupartite Indenture settled or mentio­ned, or intended to be setled, all such Right, Title and Inte­rest as they or any of them had before at the passing of this Act.

Provided alwayes, and be it further Enacted by the Autho­rity aforesaid, That Wentworth Earl of Kildare, his Heirs and Assigns, shall and may have the preemption, and be pre­ferred unto the purchase of, and enjoy the Forfeited Interests and Estates in and of all such Lands, Tenements and Here­ditaments by this present Act vested in his Majesty, his Heirs and Successors, and not restored to the former Proprietors as were or are held of or from George late Earl of Kildare, or the said Wentworth Earl of Kildare, or either of them, or of their or any of their Manors, or whereout Chief Rent, Service or Duty was or is reserved unto the said George Earl of Kildare, Wentworth Earl of Kildare, or either of them, as also of any other Lands, Tenements or Hereditaments surrounded by, or intermixt with the said Earl of Kildares Estate, which he the said Earl shall desire by placing thereon such Adventures, Ar­rears, Decrees, Incumbrances, or other publick Debts or In­terests as are confirmed and allowed by this present Act, and according to the Tenor thereof are satisfiable thereupon; and that the personal Arrears of George late Earl of Kildare, for Service in Ireland, before the Fifth day of June, One Thou­sand Six Hundred Forty Nine, be satisfied out of such For­feited Houses, Lands, Tenements or Hereditaments, and o­ther Security lyable to the Satisfaction of such Arrears in the County of Kildare, and elsewhere in the Kingdom of Ire­land, [Page 104] lying most convenient unto the Estate of the said Earl of Kildare, which he the said Wentworth Earl of Kildare, shall make choice of, all which said Satisfactions are to be made at the same Rates and Proportions, and according to the same Rules as are directed by this Act, in Cases of the like Na­ture, any thing in this present Act, or any clause therein con­tained to the contrary in any wise notwithstanding.

Provided always and be it further Enacted, That all such Adventurers who are or shall be removed from any of the Lands, Tenements and Hereditaments belonging to Theo­bald Purcell of Loghmoe in the County of Tipperary, lately deceased, shall be only reprized out of Surplusage Lands within the Security of the Adventurers, any thing in this Act to the contrary thereof in any wise notwithstanding.

Provided alwayes, That nothing in this Act contained, shall prejudice the Right, Title, or Interest of Martin Noel or John Arthur in any the forfeited houses, tenements or hereditaments in the Town of Wexford; And it is hereby Enacted, That such of the said Houses, Tenements and Hereditaments in the said Town of Wexford, as shall be found to be forfeited, and al­ready set out unto the said Martin Noel and John Arthur, shall be and are hereby vested in and setled upon the said Martin No­el and John Arthur, their Heirs and Assigns for ever, under such Rents, and according to such respective Rules, as were set down in his Majesties said Declaration and Instructions.

Provided alwayes, That this Act, or any thing therein con­tained, shall not extend to any person or persons, Bodies Poli­tick or Corporate, any Manors, Lands, Tenements, Rents, Reversions, Services or Hereditaments which did belong unto any Hospital, Almes-house, Lepers, or Lazars, or other charitable Vse within the said Kingdom of Ireland, on the Two and Twentieth day of October, in the year of our Lord One Thousand Six Hundred Forty & one, but that all such Manors, Lands, Tenements, Rents, Reversions and Here­ditaments, and every of them shall be restored, setled and dis­posed to the respective Hospitals, Almes-houses, Lepers, La­zars, or other charitable Vse, to which they or any of them did belong, before the said year One Thousand Six Hundred For­ty and One, and that to be done by the Inspection, Direction and Regulation of the Lord Lieutenant or other chief Gover­nour & Governours, and Council for the time being, any thing in this Act contained to the contrary thereof in any wise not­withstanding.

Provided also, and be it further Enacted, That Arthur now Earl of Anglesey, and Lord Viscount Valentia, his Heirs and Assigns, in his and their respective Settlements and Sa­tisfactions [Page 105] pursuant to this Act, shall and may enjoy the ful benefit and advantage of his Majesties respective Gracious Letters in the behalf of the said Lord Viscount Valentia, un­der his Majesties Royal Signet, Inrolled in his Majesties high Court of Chancery in Ireland, so far forth as the same are consistent with his Majesties said Declaration, any thing in this Act to the contrary notwithstanding.

Provided alwayes, and be it enacted by the Authority afore­said, That this Act or any thing therein contained, shall not ex­tend or be construed to extend to any Manors, Castles, Towns, Villages, Messuages, Houses, Lands, Tene­ments or Hereditaments, whereof Simon Luttrel of Luttrel­stown in the County of Dublin Esq deceased, or Thomas Lut­trel Son of the said Simon, or either of them were or was sei­zed in Fee, or Fee Tail, in Vse, Possession, Remainder or Reversion, on the Two and Twentieth day of October, One thousand six hundred forty and one, or whereof they or either of them, or their or any of their Tenant or Tenants was or were dispossessed, expulsed or removed by or under colour of a­ny Actings of the late Vsurped Power in the Kingdome of Ireland, but that the said Thomas Luttrel, his Heirs and As­signs, shall and may from henceforth have, hold and enjoy all and singular the said Manors, Castles, Towns, Villa­ges, Messuages, Houses, Lands, Tenements and Heredi­taments, with appurtenances without and before any previ­ous Reprizals, and at the ancient Rents and Tenures, any thing in this Act contained to the contrary thereof notwith­strnding.

Provided alwayes, and be it hereby enacted, That John Bellew of Castletown in the County of Lowth Esq his Heirs and Assigns, shall have, hold, possess and enjoy all the Hou­ses, Lands, Tenements, Rents, Services and Heredita­ments whatsoever, which did belong in Possession, Reversi­on or Remainder, to Sir Christopher Bellew late of Castle­town aforesaid Knight, Father to the said John, on the Two and Twentieth of October, in the year of Our Lord God, One thousand six hundred forty and one, in as large and am­ple manner as the said Sir Christopher, or any other in his Right or to his Vse enjoyed the same; subject nevertheless to such Charges and Incumbrances as were justly laid upon, or issuing out of the said Estate before the said Two and Twentieth day of October, One thousand Six hundred forty and one, any Clause, Proviso, matter or thing in this Act whatsoever to the contrary notwithstanding.

Provided alwayes, That John Morrish and Robert Clay­ton, and their Heirs, Executors and Assigns, shall have, [Page 106] hold and enjoy all and singular the forfeited Manors, Lands, Tenements and Hereditaments in the County of Wexford in Ireland, whereof they or One of them stand seized or posses­sed in Trust for Sir John Cutler Knight and Baronet, Sir Edward Heath Knight of the Bath, Thomas Yate Doctor in Divinity, Robert Abbot Gentleman, Didier Fouchant Gen­tleman, and Timothy Stamp Esquire, and whereon or on some part whereof Iron-works and other necessary Improve­ments have been erected and made, and which were formerly purchased or taken in Lease in the Names of any of the par­ties above-named, from Officers, Souldiers or others, to whom the same were set out or allotted in satisfaction of Ad­ventures or Arrears, or did otherwise of right appertain ac­cording to the effect and purport of the several and respective Deeds of Purchase and Demise, and with such benefit of Reprizal in case of restitution or incumbrance, and with such other Advantages, as any Adventurer or Souldier, their Heirs or Assigns, within the Province of Leinster ought to have, any thing herein contained to the contrary notwith­standing.

Provided alwayes and be it further enacted, That the Lands and Estate formerly set out in the County of Cork unto Hercules Huncks Esq for his Arrears due for his Ser­vice in Ireland, be established on and confirmed unto Edward Adams of London Merchant, his Heirs and Assigns for ever, according to such Tenures, Rents and Services, and under such Limitations and Directions for Reprizal, as are set down and expressed for any other Officer or Souldier in this present Act, any thing herein to the contrary notwith­standing.

And whereas several of the Inhabitants and Proprie­tors of the City of Dublin and Town of Drogheda, who constantly adhered unto the Royal Authority, until the with­drawing 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 [Page 107] 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 [Page 108] 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 [Page 109] the Two and Twentieth day of October, One thousand Six hundred Forty & one, or at any time since, and that such persons, and their heirs and assigns, to whom any of the lands belonging to the said Earl of Carlingford, and Lord Viscount Dillon, or either of them have been set out, and who are by this Act reprizable for the same, be forthwith reprized out of the first Lands that shall come unto his Majesty in the Province of Connaught or County of Clare, either by the restoring of any persons to their Estates, who we [...]e formerly transplanted or otherwise, any thing in this Act contained to the contrary not­withstanding.

Provided Nevertheless, and be it further Enacted by the Authority aforesaid, That this Act, or any thing therein con­tained, shall not extend to settle upon or give, or be construed to settle upon, or give unto all or any of the said Adventurers, any benefit, part or portion of such sum or sums of money as have been forfeited by any Adventurer or Adventurers, by rea­son he or they did not satisfie or pay in their full proportions or sums of money respectively subscribed by them, according to the Tenor of the said respective Acts of Decimo Septimo and Decimo Octavo Caroli; But that all such forfeited Subscri­ptions be, and they are here by vested and settled in your Maje­sty, your Heirs and Successors, and be set out and satisfied ac­cording unto the respective Rates in the said Acts mentioned within the aforesaid Security set apart or designed for Satis­faction of the Adventurers immediately after the other Adven­turers who have duely paid in the respective sums by them subscribed in pursuance of the said Acts, are satisfied, and that the same be granted and disposed of by your Majesty un­to such uses, and in such manner as your Majesty shall think fit, any thing in this or any other Act to the contra­ry notwithstanding.

And be it further Enacted, That those Adventurers and Souldiers, their Heirs or Assigns, whose Adventures or Lots were set out of the Lands of James Duke of Ormond, and have been since removed from the same, and have had by his Ma­jesties Commissioners for Executing his Gracious Declarati­on, other Lands set out, ordered or appointed in the County of Catherlogh, towards their Reprizal and Satisfaction, be and are hereby confirmed in so much of the said lands in their re­spective Orders named, as shall be equal in value, worth and purchase with those from which they have been removed, as aforesaid, and shall hold and enjoy the same to them, their heirs and assigns for ever, which said lands shall be immedi­ately put out of charge in his Majesties Court of Exchequer in Ireland, reserving the chief Rents according to his Majesties [Page 110] Declaration, any thing in this present Act contained or otherwise to the contrary thereof in any wise notwith­standing.

Whereas Lands in the County of Lowth have been ap­pointed by the Lords Iustices of Ireland to Erasmus Smith Esq towards satisfaction of his Adventures for Lands in Ireland, and the possession thereof ordered accordingly; Be it Enacted, That the Lands so ordered and appointed be setled, confirm­ed and established to and upon him the said Erasmus Smith, his Heirs and Assigns, with all Advantages and Priviledges al­lowed by this Act to Adventurers, any thing in this Act con­tamed to the contrary notwithstanding.

Provided nevertheless that if any of the said Lands be restored pursuant to the Rules of this Act, or otherwise to a­ny person restorable, the said Erasmus Smith, his Heirs and Assigns shall be first reprized for such Lands so restored by o­ther Lands in the said County of Lowth, and for want thereof by other forfeited lands in some other convenient place of equal value, worth and purchase.

Provided that by colour hereof no more lands be setled and confirmed to the said Erasmus Smith, his Heirs and Assigns, then according to the Rates for satisfying of Adventu­rers.

Provided alwayes, and it is hereby further Enacted, That nothing in this Act contained shall extend to vest in his Ma­jesty, his Heirs or Successors, any the Honours, Castles, Messuages, Manors, Lands, Tenements and Heredita­ments, whereof Oliver Cromwel deceased, Henry Ireton de­ceased, John Jones deceased, Daniel Axtel deceased, Gregory Clement deceased, Isaac Ewer deceased, John Bradshaw decea­sed, Thomas Andrews deceased, Thomas Hamond deceased, Sir Hardress Waller, John Hewson, Miles Corbet, Thomas Wogan, Edmond Ludlow, Edward Dendy, John Lisle, Willi­am late Lord Mounson, Cornelius Holland, Henry Smith, Owen Row, Edmond Harvy, Nicholas Love, Edward Whaley, Tho­mas Pride deceased, William Say, Valentine Walton, John Berkstead, Sir Michael Livesey, John Okey, William Gouffe, Thomas Challinor, William Cawley, John Dixwel, Andrew Braughton, Thomas Harrison, Adrian Scroop, John Carew, Thomas Scot, Hugh Peters, Francis Hacker, Isaac Pennington, Henry Martin, Gilbert Millington, Robert Tichburn, Robert Lilborn, John Downs, Vincent Potter, Augustine Garland, George Fleetwood, Simon Mayne, James Temple, Peter Tem­ple, Thomas Wait, Sir John Danvers, John Blackston, Sir William Constable, Richard Dean, Francis Allyn deceased, Pe­regrine Pelham, John Aldred, alias, Alured, Humphrey Ed­wards, [Page 111] John Vynn, Anthony Stapely, Thomas Horton, John Frey, James Challiner, Sir Henry Mildmay, Sir James Har­rington, John Phelps, or any of them were at any time here­tofore seized or possessed in their own Right, or any other in Trust for them, or to their use, or which at any time hereto­fore were given and granted, alloted, assigned, distributed, disposed or conveyed to them or any of them, or any other in Trust for them or any of them, or to any other person or per­sons claiming by, from or under them or any of them in satis­faction of any Adventures or Arrears due unto them or any of them, or for any other Recompence or Reward whatsoever, but the same and every of them other than the Lands and Te­nements given and granted unto Michael Lord Bishop of Cork, and other than the Lands and Tenements hereafter disposed to Francis Lord Anger, shall be and are hereby vested and setled in and upon his Royal Highness James Duke of York and Albain, Earl of Ulster, &c. to have and hold to his said Highness, his Heirs and Assigns, freed, exempted and discharged, so long as the same remain in the possession of his Highness, or his Heirs, of and to from any new or increased Rent, Services and Payments, in and by this Act assessed, imposed and reserved, but with like benefit and advantage of Reprizal in case of restitution as any Adventurer or Souldier by virtue of this present Act may or ought to have, and also with further and other benefit of Reprizal for so much of the premisses as by virtue of the Declaration and Instructions or this present Act shall be held or enjoyed by any Adventurer or Souldier: And if his Royal Highness, or his Heirs shall grant or alien all or any the lands or premisses herein before mentioned, otherwise than by lease or leases for lives or years, upon which the full moyety of the improved Rent shall be re­served, then so much as shall be aliened or granted, shall be subject to and charged with such Tenures, Rents, Services and other Payments as other Lands by this Act ought to be subject to and charged with.

Provided, and it is Enacted by the Authority aforesaid, That all such forfeited Lands, Tenements and Heredita­ments, with their appurtenances, and all and every the E­state, Right, Title and Interest therein, which were hereto­fore set out in the said Kingdome of Ireland to John Lord Kingston Baron of Kingston, or to Sir Robert King his late Father deceased, or which were purchased by them or either of them from any Adventurers, Souldiers, Transplanted or Transplantable persons, their Heirs and Assigns, and set out unto or possessed by them or any of them on the Seventh day of May, One thousand six hundred Fifty nine, shall be and [Page 112] are hereby ratified and confirmed unto the said Lord Kingston his Heirs and Assigns, lyable to such Rules and Directions as are hereby prescribed for restoring of Lands to former pro­prietors.

Provided and it is declared, That such part of the Lands aforesaid as were set out upon the Ordinance, commonly cal­led The Doubling Ordinance, over and above the money paid thereon, are not intended to be hereby confirmed to the said John Lord Kingston and his Heirs, without delivering up or discharging such Receipts or Certificates of deficient Adven­turers, or such part of his own, his late Fathers Arrears or other Debentures for Service in Ireland before the Fifth day of June, One thousand six hundred forty and nine, provided for by this Act, as shall amount unto the value or sum, for which such proportion of Lands were or are to be set out to Ad­venturers in the Province of Leinster, but that upon delivering up or discharging such Certificates, Receipts or Debentures amounting to such sum or value, the said Lands and every part thereof are hereby ratified and confirmed as aforesaid, and shall stand, remain, and be unto the said Lord Kingston, his Heirs and Assigns for ever.

And be it further Enacted by the Authority aforesaid, That for all such Lands and Tenements claimed by the said Lord Kingston set out to or possessed by Adventurers, Souldiers, Transplanted or Transplantable persons, their Heirs or As­signs, on the said Seventh day of May, One thousand six hundred fifty and nine, whereof George Lord Baron of Stra­bane, Sir Henry Talbot, Sir William Dungan, and Thomas Harman Esq or any other former or other proprietor is, are or shall be possessed or restored unto; he the said Lord Kingston his Heirs and Assigns, shall be speedily and effectually reprized for the same out of such Lands and Hereditaments of the like yearly Rents and Profits in the Counties of Dublin, Cork, and Kildare, or some of them, as the said lands so possessed, restored or to be restored are now worth to be letten, any thing in this Act contained to the contrary notwithstand­ing.

Provided alwayes, and be it further Enacted by the Autho­rity aforesaid, That nothing in this Act contained shall extend to vest in his Majesty, his Heirs and Successors, the forfei­ted Lands, Tenements and Hereditaments in the Counties of Westmeath and the Kings County, whereof Sir Hardress Waller, Isaac Ewer, or any of them, or any other person or persons in Trust for them or any of them, or claiming by, from or under them, or any of them, were on the Seventh of May, One thousand six hundred Fifty nine, seized or possessed, [Page 113] but that the same, and every of them shall be and are hereby vested in Francis Lord Angier, and his heirs, subject to the like Tenures, Rents, Services and Payments, as any Adventu­rers within that Province, wherein the Forfeited Lands here­by granted do lie, are subject unto, and with like benefit of Reprizal, in case of Restitution or Incumbrance, as any Ad­venturer ought to have, any thing herein contained to the con­trary in any wise notwithstanding.

Provided also, and be it Enacted, That all and every sum and sums of money due unto John Lord Kingston, Ri­chard Lord Baron of Coloony, Sir Theophilus Jones, Sir Oliver St. George, Sir John Cole, and Chidley Coote Esq for their respective Arrears for Service in Ireland before the Fifth of June, One thousand six hundred forty nine, shall be stated and satisfied unto them, their Executors or As­signs respectively, out of the Security in this Act appointed for satisfying Arrears before One thousand six hundred forty nine, in the same manner and by the same Rules and Rates, as before in this Act is provided for such as have Arrears due to them before One thousand six hundred forty nine, and re­ceived no satisfaction for any Arrears since that time, although the said persons, or any of them have received Lands for Ar­rears since the said Fifth of June, One thousand six hundred forty nine, any thing in this Act contained to the contrary notwithstanding.

Provided alwayes, and it is hereby Enacted, That Sir Paul Davys Knight, shall have, hold and enjoy to him and his heirs and assigns for ever, all and every the Towns and Lands of Londonstown formerly belonging to William Fitz­gerrald attainted, Barretstown formerly belonging to Christo­pher Eustace attainted, Johnstown formerly belonging to James Flatsburry attainted, and Palmerstown formerly belong­ing to the said James Flatsburry, all situate, lying and being in the County of Kildare, with their and every of their Mem­bers and Appurtenances, whereof the said late Proprietors respectively were seized, or any other persons were seized for their uses, or in trust for them respectively, on the days of their respective Attaintures, or at any time since, the said Sir Paul Davys, his heirs and assigns, yielding and paying therefore yearly to Your Majesty, your Heirs and Successors, such and the like Rents as are appointed to be paid by Adven­turers for Lands in the Province of Leinster, by the Act made in the Parliament begun at Westminster on the third day of November, One thousand six hundred and forty, Intituled, An Act for the speedy and effectual reducing of the Rebels in his Majesties Kingdom of Ireland, to their due Obedience to his [Page 114] Majesty and the Crown of England, unless the Rents formerly reserved on the premisses to the Crown on the Three and Twentieth of October, One thousand six hundred forty one, did exceed that Rent, in which case, the Rent to be the same it was on the Three and Twentieth of October, One thousand six hundred forty one, and the premisses to be held of your Ma­jesty, Your Heirs and Successors, by the same Tenure, which by the said Act is appointed for Adventurers for Lands in Ire­land, any thing in this Act contained to the contrary, or any other Act, matter or thing whatsoever to the contrary not­withstanding.

Whereas several Officers in Munster, who ingaged them­selves in his Majesties Army in the Kingdom of Ireland, un­der the Command of his Excellency the Lord Duke of Ormond in the year One thousand six hundred forty eight, were after­wards instrumental in the betraying of several considerable Towns and Garisons into the Vsurpers hands, or his For­ces:

Be it therefore Enacted by the Authority aforesaid, That all such Betrayers and their actual Assistants, the Heirs, Exe­cutors, Administrators or Assigns of them or any of them, shall be wholly excluded from any benefit from this Act of Parlia­ment, as to their enjoyment of any lands for their Arrears be­fore June, One thousand six hundred forty nine, or any part of them, other than such who within twenty four moneths after the date of this Act shall make it appear to the Lord Lieute­nant of that Kingdom, or the Chief Governour or Governours thereof, with six of the Council, that they made some repair for their former faults, by their timely and seasonable appea­rance for Our Restitution in the year One thousand six hun­dred and sixty.

And be it further Enacted by the Authority aforesaid, That the Commissioners for Execution of this present Act, shall forth­with set out, or cause to be set so much of the Forfeited Lands as do amount unto the clear yearly value of three hundred pounds per annum, and are nearest adjacent and 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 [Page 115] 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, [Page 116] 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 [Page 117] 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 ac [...]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.

[Page 118]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 [Page 119] 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, [Page 120] 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, [Page 121] 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, [Page 122] 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 of or belonging to the respective Abbies, late dissolved Monasteries, Religious Houses, Priories or Parishes of Ballytabber in the County of Mayo, Knockmoy, Kilcreulta, Oran, alias, St. Maries, Athenry and Dunmore in the County of Galway, and Tyhone in the County of Tip­perary, or any of them, together with all the Impropriate Tythes and Rectories, and appurtenances of the said Im­propriations, Tythes and Rectories, or belonging thereunto, which belong unto or by this Act, are vested in your Majesty to any of the aforesaid Vses, according to the tenor and effect of such grant or grants as hath or have been, or hereafter shall be past unto him thereof by your Majesties letters Patents in that behalf, he or they paying yearly for the same double the Exchequer or Crown Rent reserved thereupon in the year, One thousand six hundred forty One.

[Page 123]Provided alwayes and it is further Enacted by the Au­thority aforesaid, That in all cases of grants of lands made since the date of his Majesties Declaration and Instructions, or in case of Provisoes in this Act which give Reprizals to any person or persons of meer Grace, that could not claim Reprizals by virtue of the said Declaration or Instructions, (and not as Adventurers or Souldiers) the person or per­sons concerned in such grants or provisoes, shall not have be­nefit of Reprizals till after such persons and Interests Re­prizable by the said Declaration and Instructions be first re­prized.

And whereas during the passing of this present Act, Charles Earl of Mountrah, died, whereby some Questions have ari­sen between the Countess Dowager of Mountrath, and the Heirs and Younger Children of the said Charles Earl of Mountrah concerning the Settlements and Dispositions of the said Charles Earl of Mountrath, and his Intentions to dispose of his new acquired Estate; be it further Enacted by the Authority aforesaid, That all and singular the Manors, lands, Tenements and Hereditaments, and all benefits of Repri­zals, and other the advantages by this Act intended to be gi­ven, granted or confirmed unto the said Charles Earl of Mountrath shall accrue unto and remain, be, and continue in his Majesty, his Heirs and Successors, until such time as the Lord Lieutenant or other Chief Governour or Governours of Ireland for the time being, and the Privy Council there, shall upon Examination of the Settlement, and the last Will and Te­stament of the said Charles Earl of Mountrath, if any such Will there be, and of any other matters or things whereby the Intentions of the said Charles Earl of Mountrath in dis­posing of his said Estate may appear, and according to such dispositions as the said Charles Earl of Mountrath did make in his life time, make a final judgement and determination, therein; and that such judgement and determination, and all Grants and Letters Patents that shall be thereupon made, shall be as good and as effectual in Law to all intents and pur­poses, as if the same had been particularly mentioned in this present Act.

Provided alwayes, That if such iudgment and determi­nation shall not be made within Two Moneths after the sit­ting of the Commissioners for execution of this Act in Ireland, that then all and singular the manors, lands, tenemens and hereditaments, and all other the benefits and advantages by this Act intended to be given, granted or confirmed unto the said Charles Earl of Mountrath, shall go and enure according to the general purport, provision and meaning of this Act [Page 124] herein before expressed, to such person or persons as by this Act can make best Title thereunto, and that in such case the fore­going Clause shall be of no effect, and utterly void, and that in the mean time the possession of, and in the premisses hereby vested in his Majesty, shall not be disturbed, but be and re­main where it now is: And that the Arrears of Rent and mean profit of the same, shall and may be received by those that are in possession thereof subject to the said final judgement and determination, any thing in this Act to the contrary there­of in any wise notwithstanding.

And be it further enacted by the Authority aforesaid, That all the Lands, Tenements and Hereditaments, lying in the Baronies of Dunboyne and Rathtooth and County of Meath, whereof Henry Cromwel was by himself, his Tenants or As­signs, possessed the Seventh of May, One thousand six hundred fifty nine, be setled upon and confirmed unto Sir William Rus­sel of Laughorn Baronet, and Doctor Jonathan Goddard, their Heirs and Assigns for ever: And that the Lands, Te­nements and Hereditaments, lying in the Province of Con­naught, whereof the said Henry Cromwel was in the like manner possessed on the said Seventh of May, be setled upon and confirmed unto John Russel of Chipuham Esq his Heirs and Assigns for ever, any thing in this Act to the contrary notwithstanding, the same together with all Arrears of Rent to be had and held by and according to such Rents, Tenures and Directions for restitutions, Incumbrances and Repri­zals, as by his Majesties Declaration of the Thirtieth of November, One thousand six hundred and sixty is expressed concerning such as were then of his Army in Ireland; and moreover, That Eight hundred and Fifty Pounds be satis­fied unto the said John Russel, as an Adventurer, in such manner as by this Act is appointed in the case of any other Adventurers.

Provided also, and it is Enacted by the Authority aforesaid, That the Heirs of Sir Lucas Dillon Knight, Sir Robert Tal­bot Baronet, the Heirs of Sir Valentine Blake Baronet, Sir Richard Blake Knight, Doctor Gerrald Fennel, Geoffry Brown, John Brown of the Neal, John Walsh, Thomas Terril, Edmond Dillon, John Talbot of Mallahide, Francis Coghlan of Kilcol­gan in the Kings County, Robert Nugent of Cartlanstown, Sir John Bourk of Derry Maclaghney, Thomas Arthur Esq Doctor in Physick, Gerrald Flemming of Castle-Fleming, Luke [...]ath of Ackarne, and Bartholomew Stackpoole Esqs who, or their respective Fathers, have eminently suffered for their adhering to the Authority of his Majesty, or his late Father of blessed memory, in this Kingdom, against the Nuntio and his party, [Page 125] shall be forthwith restored to their former respective Estates, Houses, Manors, Lands, Tenements, Hereditaments, Rents, Priviledges and Services by them claimed as respective In­heritors and Proprietors, or as Heirs to their respective Fa­thers, and whereof they, or any of their said Fathers were dis­possessed by the late Vsurped Power, and be therein setled and quieted in possession to them and their Heirs respectively, as fully, freely and beneficially, and with the same Advantages, Benefits and Assurances to all intents and purposes 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 notwithstanding.

Provided always, That as to all and every the Clauses and Provisoes herein before-mentioned, wherein or whereby the Estates or Interests of any private persons are setled and con­firmed, and the several and respective Grants thereby made to any person or persons, It shall and may be lawful for the Lord Lieutenant or other Chief Governour or Governours and Council of Ireland for the time being, at any time before the first day of December, One thousand six hundred sixty two, to sus­pend the Execution thereof, or of any of them, till they have examined and informed themselves concerning the same; and such of them as they shall finde contrary to, or inconsistent with the aforesaid Declaration and Instructions, or inconvenient for the general Settlement hereby intended, to be allowed in their full latitude, they have full power and Authority hereby granted to them, to retrench, alter or change, and by their Direction or Order to the Commissioners for Execution of this Act to disallow such of them as they shall think meet, in part or in whole, or to order how far, and in what manner the same shall be executed or observed: Which Direction or Orders of the said Lord Lieutenant, or other Chief Governour or Go­vernours and Council, shall be final, and are to be obeyed by the said Commissioners, whose proceedings thereupon, or in pursuance thereof, shall be as valid to all intents and purpo­ses, as if they had been particularly appointed or directed by this Act, any thing therein contained to the contrary notwith­standing.

FINIS.

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