Page images
PDF
EPUB
[ocr errors]

assigns. And whereas several ancient proprietors, whose esą tates were seized and vested in persons deriving a title under the said acts of settlement or explanation, have in some time after the passing of the said acts, purchased their own ancient estates, or part thereof, from persons who held the same under the said acts as aforesaid, which old proprietors would now be restored to their said ancient estates, if they had not purchased the same. And for as much as the said ancient proprietors or their heirs should receive no benefit of the said act of repeal, should they not be reprized for the money paid by them for their said ancient estates. Be it therefore enacted, by the authority aforesaid, that all and every the ancient proprietor or proc prietors, or their heirs, who have laid out any sum or sums of money, for the purchase of their own ancient estates, or any part thereof aforesaid, shall receive out of the common stock of reprisals a sufficient recompence and satisfaction for the money laid out or paid by him or them, for the purchase of their said ancient estate, at the rate of ten years purchase, any clause, act, or statute to the contrary in any wise notwithstanding. And for the prevention of all unnecessary delays and unjust charges, which can or may happen to the subjects of this realm before their full and final settlement, be it further enacted, by the authority aforesaid, that where the commissioners for execution of the said act of repeal, or any three or more of them, shall give any certificate under his and their hands and seals to any person or persons, bodies politick or corporate, in order to the passing of any letters patents, according to the said act, and shall likewise return a duplicate of such certificate into his majesty's court of Exchequer at Dublin, to be there enrolled, and the person or persons, bodies politick or corporate, to whom such certificate shall be given, shall, during the space of six months next ensuing the date thereof, diligently prosecute the having and obtaining letters patents accordingly, but shall thereof be debarred and hindered by the neglect of any officer or officers; that then and in such case the several and respective persons, bodies politick and corporate, to whom and in whose behalf such certificate shall be given or granted, shall hold and enjoy the seven ral messuages, manors, lands, tenements, and hereditaments, in the several respective certificates mentioned and allotted accordo ing to such estates and under such rent as is therein mentioned, as fully and amply to all intents and purposes, as if letters patents thereof had been granted and perfected according to the direction in the said former act; any thing in this, or the said former act, or any other law, statute, or usage to the contrary notwithstanding. And whereas, by the hardships and oppressions introduced by the said act of settlement and explanation, some ancient proprietors, who would have been restorable by the said act of repeal, haye been necessitated to accept of leases for life, lives

or years, or gifts in tail, or other conveyances of their own respective estates, and have contracted to pay some rents, duties, or other reservations out of such their ancient estates, by which acceptance of leases or gifts before mentioned, and by the said agreements to pay rents, duties, or reservations for the same, the said ancient proprietors may be barred or stopped, and concluded from the benefit of restitution, intended for ancient proprietors by the said act of repeal ; be it therefore enacted, that the acceptance of any lease or leases, gift or gifts in tayl, or any agreement or agreements upon any such account for payment of rents, duties, or any other reservation, for such their respective ancient estate or estates, shall be no way prejudicial or binding, or conclusive to any such ancient proprietor, or his or their heirs, executors, or administrators, who have not actually by some legal ways or means, released his or their right or rights to his or their said ancient estates, unto their said lessors or donors : any thing herein or in the said act of repeal, to the contrary notwithstanding. Whereas some or most of the lands to be given in reprizals, have not been surveyed by the surveys, commonly called the Down Survey, or Strafford Survey; and that a certain way is necessary to be prescribed for ascertaining the quit-rents now made payable thereout. Be it therefore enacted, by the authority aforesaid, that the commissioners for the executing of the said act of repeal, or any three of them, bhall and may be impowered to ascertain such quantities payable out of such lands so to be given in reprize, and to that purpose to issue commissions for valuations or surveys, as they shall think fit; and that such surveys shall be made according to the rules and methods used for the Down Survey, wherein the unprofitable is to be thrown in with the profitable, and where the lands appcar barren, or the quit-rents by the said act of repeal, proper or fit to be reduced, it shall and may be lawful for them to reduce the same; in which case such reduced or reserved quitrents, shall be and are hereby the only quit-rent payable out of the said lands, if such quit-rents be more than the crownrents, before this act payable out of the said lands. But in case the ancient crown-rent be more, the greater rent shall be the rent reserved thereout. Provided yet likewise, that the commissioners for the execution of the said act of repeal, or in default of them, the barons of their majestie's court of Exchequer, within five years after the first sitting of the commissioners, for the execution of the said act, shall be and are hereby impowered to reduce the quit-rents by the said act, and payable out of lands, by the said act of repeal so to be restored, or formerly restored to the former proprietors thereof, where the lands are barren, or of so small value that the quit-rent doth amount to the fourth part of the value of the lands, and may be discouragement to the plantation of the said lands, and that such ascertaining or abating of quit-rents, under the hands and stals of the said commissioners or barons respectively, shall be good and effectual, as if the same had been enacted by these presents, any thing herein, or in the said acts of re. peal contained to the contrary notwithstanding. And be it fur. ther enacted, that the commissioners to be appointed for-setting forth reprisals pursuant to the said act of repeal, or any three of them, shall out of the stock of reprisals therein, and in this present act, or in either of them mentioned, set forth and allot re. prisals to such person and persons, as by virtue of this present act are appointed to be reprized, and shall and may also execute such other parts of this act as are to be executed by commission. ers. And whereas divers lands, tenements, and hereditaments forfeited unto and vested in your majesty, are or may be found to be liable to divers debts or other entire payments saved by this act: and for levying and receiving the same, the person or persons entitled thereunto, might charge any part of the lands, tenements, or hereditaments, originally liable to the said debts or payments, with more than a just proportion thereof, whereby some of the persons, to whom part of the said lands, tenements, or hereditaments shall be allotted or granted in reprisal, may be overcharged in such part or proportion of the said lands, tene. ments, or hereditaments, as shall be so to him or them granted or allotted, which may occasion great prejudice and loss to some of the said reprisable persons, if due course be not taken for appointing the said debts and payments: for remedy whereof, be it enacted by the authority aforesaid, that the commissioners for executing of the said act of repeal, and this present act, or any three or more of them, be and are hereby empowered and required equally to apportion such debts and payments as shall appear to them to be chargeable upon, or levyable out of any lands, tenements, and hereditaments, to be set forth for repri. sals as aforesaid: and to ascertain wltat proportion of such debts or payments each and every proportion of the lands, tenements, and hereditaments, which were originally liable thereunto, and which shall be separately set forth for reprisals as aforesaid, shall remain liable to pay or discharge, and the respective grantees, and every of them, and their respective proportions of the said lands, tenements, and hereditaments to them allotted for repri. sals, shall not be liable to any more of the said debts or pay. idents, than by the said apportionment shall be appointed and directed, which proportion of the said debts or payments is to be inserted in the certificate, to be granted of the lands liable thereunto, if the person or persons obtaining such certificate, shall desire the same; any thing in this or the said act of repeal to the contrary notwithstanding.

And be it further enacted, by the authority aforesaid, that all letters patents hereafter to be granted of any offices or lands whatsoever, shall contain in the same letters patents, a clause

requiring and compelling the said patentees to cause the said letters patents to be enrolled in the chancery of Ireland, within a time therein to be limited; and all letters patents wherein such clause shall be omitted, are hereby declared to be utterly void and of none effect. Provided-always, that your sacred majesty at any time before the 1st day of November next, by letters patents under the broad seal of England, if residing there, or by letters patents under the great seal of Ireland, during your majesties’ abode here, shall grant your gracious pardon or pardons to any one or more of the persons herein before mentioned or intended to be attainted, who shall return to their duty and loyalty ; that then and in such case, such person and persons so pardoned, shall be and is hereby excepted out of this present act, as if they had never been therein named, or thereby intended to be attainted, and shall be and are hereby acquitted and discharged from all attainders, penalties, and forfeitures created or inflicted by this act or the said act of repeal, excepting such share of proportion of their real personal estate, as your majesty shall think fit to except or reserve from them, any thing in this present act, or in the said act of repeal, contained to the contrary notwithstanding. Provided always, that every such pardon and pardons be pursuant to a warrant under your majestie's privy signal and sign manual, and that no one letters patents of par: don shall contain above one person, and that all and every such letters patents of pardon and pardons, shall be enrolled in the Rolls Office of your majestie's High Court of Chancery in this kingdom, at or before the last day of the said month of November; or, in default thereof, to be absolutely void and of none effect, any thing herein contained to the contrary notwithstanda ing. Provided likewise, that if any person or persons so par. doned shall at any time hereafter the date of the said pardon, join with, or aid or assist any of your majesties enemies, or with any rebels in any of your majesties dominions, and be thereof convict or attainted by any due course of law, that then and in such case they shall forfeit all the benefit and advantage of such pardon, and shall be again subject and liable to all the penalties and forfeitures inflicted on them and every of them, by this or the said act of repeal, as if such pardon or pardons had never been granted. Provided always, that nothing in this act contained shall extend or be construed to extend to or vest in your majesty any lands, tenements, or hereditaments, or other interest of any ancient proprietor, who by the said act of repeal is to be restored to his ancient estate, but that all such person and persons, and all their right, title and interest, are and shall be saved and preserved according to the true intent and meaning of the said act, any thing in these presents to the contrary notwithstanding.

RICHARD DARLING, (Copia vera.)

Cleric. in Offic. Nri. Rot.

No. XLVII.

AN ACT FOR REPEALING THE ACTS OF SETTLEMENT AND EX

PLANATION, RESOLUTION OF DOUBTS, AND ALL GRANTS, PATENTS AND CERTIFICATES PURSUANT TO THEM, OR ANY OF THEM......PAGE 162.

WHEREAS the Roman Catholick subjects of this kingdom have for several years, to the apparent hazard of their lives and estates under the royal authority, defended this kingdom, until at last they were overpowred by the usurper Oliver Cromwell; in which quarrel many of them lost their lives, and divers of them (rather than take any conditions from the said usurper) did transport themselves into foreign parts, where they faithfully served under his late majesty, and his present majesty, until his late majesty was restored to the crown. And whereas the said usurper hath seized and sequestered all the lands, tenements, and hereditaments of the said Roman Catholicks within this kingdom, upon the account of their religion and loyalty, and disposed of the same among his officers and soldiers, and others his adherents; and though his majesties said Roman Catholick subjects, not only upon the account of the peace made by his late majesty in the year 1648, but also for their eminent loyalty and firm adherence to the royal cause, might have justly expected to partake of his late majesties favour and bounty upon his happy restauration, which was then extended even to many dotorious rebels in other his countries and dominions, which would make amends for the oppressions and injustice they lay under for many years in the time of the said usurper ; yet such were the contrivances set on foot to destroy his majesty and Catholick subjects of this realm, that two acts of parliament passed here, the one entituled, “ An " act for the better execution of his majestie's gracious declara“ tion for the settlement of his kingdom of Ireland, and satisfac- tion of the several interests of adventurers, soldiers, and other “ his subjects there.” The other act entituled, “ An act for ex“plaining of some doubts arising upon an act entituled, 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, soldiers, and other his “ subjects there ; and for making some alterations of, and addi" tions unto the said act for the more speedy and effectual settle“ment of the kingdom, by which many of the said Catholick " subjects were pusted of their ancient inheritances, without be

VOL. I.

« PreviousContinue »