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<NAME>Kate Allen</NAME>
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<DIV1 TYPE="text">
<PB N="1" REF="1" MS="y">
<HEAD>Anno V. Jacobi II. Regis.</HEAD>
<DIV2 N="1" TYPE="chapter">
<HEAD>CAP. 1. An Act of Recognition of the Ju&s;t and Mo&s;t Un|doubted Rights of His MAJESTIES Imperial Crown.</HEAD>
<OPENER><SALUTE>Mo&s;t Gracious Soveraign,</SALUTE></OPENER>
<P>WE Your Maje&s;ties mo&s;t Dutiful and Loyal Sub|jects the Lords Spiritual, and Temporal, and Commons in this pre&s;ent Parliament A&s;&s;embled, mo&s;t joyfully acknowledging the trancendent mercy of Almigh|ty God in giving your Sacred Maje&s;ty a &s;afe and happy Arrival to this your Kingdom of <HI>Ireland,</HI> in a glorious and peaceable manner, in de&s;pight of the Con&s;piracies and Machinations of Execrable Traytors, and power of For|reign Enemies,<NOTE PLACE="marg">Rebels a&s;|&s;i&s;ting the Prince of <HI>Orange</HI> his Inva&s;ion.</NOTE> cannot without Horror con&s;ider the de|te&s;table Defections and Trea&s;ons of many of our fellow Subjects, as well in this Realm, as in Your Maje&s;ties other Kingdoms; who being de&s;perately wicked, and hard|ned in Impiety by un&s;peakable Treachery, lately a&s;&s;i&s;ted the Prince of <HI>Orange</HI> again&s;t the Laws of God and Man, unnaturally to invade Your Kingdom of <HI>England,</HI> and there by odious arts and devices &s;trengthening them|&s;elves in Power and Faction, by &s;educing from their Alle|geance great numbers of your Maje&s;ties Subjects of that Kingdom: Fir&s;t forced your Maje&s;tie to withdraw Your Sacred Per&s;on from Your Palace of <HI>White-Hall;</HI><NOTE PLACE="marg">the King in Re&s;traint.</NOTE> and &s;oon after Your Return to the great Ioy of many thou|&s;ands of Your Loyal Subjects in tho&s;e parts of <HI>England,</HI> put your Maje&s;ty under a guard of Forreigners, compell|ing You to go to <HI>Roche&s;ter,</HI> where You remained in Re|&s;traint, untill it plea&s;ed God of his infinite mercy to your Maje&s;ty,<NOTE PLACE="marg">His e&s;cape into <HI>France</HI> and <HI>Ireland</HI></NOTE> and the&s;e Kingdoms to give You a happy deli|verance out of the hands of your Enemies, by e&s;caping in|to <HI>France,</HI> from whence your Maje&s;ty, to the unexpre&s;&s;i|ble
<PB N="2" REF="2"> Ioy of <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ll your Loyal Subjects, happily came into this Kingdom.</P>
<P>And the &s;aid Prince of <HI>Orange</HI> having, by the De|te&s;table A&s;&s;i&s;tance of &s;uch Traytors and Enemies, fir<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">t P<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">otted and Contrived the Ruine and De&s;truction of this excellent Monarchy, and of all the Rights and Li|bert<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">es of your Subjects, found it nece&s;&s;ary, in order to t<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e carrying on of his pernicious de&s;igns, by aid of the &s;aid Traytors, and forreign enemies, to throw down all the bullworks and fences of Law, and to &s;ubvert the very be|ing and con&s;titutions of Parliaments; that &s;o, at la&s;t, he and they might make their way open to the unnatural and perfidious V&s;urpation afterward by him and them ac|compli&s;hed;<NOTE PLACE="marg">the pre|ten<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> of pre&s;erving the Pro<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e&s;|tant Reli|gion.</NOTE> who fir&s;t profe&s;&s;ing, by &s;everal deceitful Decla|rations, that his intent was not to deprive your Maje&s;ty of your Imperial Crown, but to pre&s;erve the Prote&s;tant Religion, and rights of your Subjects by him &s;peciou&s;ly (but mo<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">t fal&s;ly pretended to be &s;ubverted). Vnder the abu|&s;ive and unknown name and authority of a Convention of Lords and Commons meeting at <HI>We&s;tmin&s;ter,</HI> again&s;t the Laws of your Maje&s;ties Kingdoms, by force and fraud, and an unparalell'd example of Impudence, and Inju&s;tice, they took upon them to declare your Royal Throne va|cant;<NOTE PLACE="marg">the throne declared vacant</NOTE> and (as if it were their right to di&s;po&s;e the &s;ame) of|fered your Imperial Crown to the &s;aid <HI>Prince of Orange,</HI> in &s;uch Horrid manner, and Odious circum&s;tances, as is but too well known to the world: which execrable Fact no|thing can equal, but the barbarous Murder of your Roy|al Father of ever ble&s;&s;ed and glorious Memory, by a par|ty of wretched men; from whom the&s;e late Traytors have borrowed and Revived their de&s;perate Antimonarchie Principles</P>
<P>And becau&s;e by this abominable Action a mo&s;t in|&s;upportable &s;hame and infamy may be imputed to Mil|lions of your Maje&s;ties Subjects no wi&s;e guilty of this Trea&s;on. We therefore your Maje&s;ties &s;aid dutifull and Loyal Subjects the Lords Spiritual and Temporal, and Commons in Parliament a&s;&s;embled,<NOTE PLACE="marg">abominat<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">|on again&s;t the &s;aid wicked Acts.</NOTE> being touched with a true &s;en&s;e of our duty, do hereby renounce, Abominate and Prote&s;t again&s;t that Impious fact, the late V&s;urpation of the &s;aid <HI>Prince of Orange,</HI> and the mo&s;t unparallel'd Trea|&s;on and Per&s;idiou&s;ne&s;s of &s;uch of your Maje&s;ties Sub|jects, as have by their defections in any &s;ort promoted the &s;ame, &amp; all proceedings tending thereunto; And do be&s;eech your Maje&s;ty that it may be declared, that the &s;aid horrid
<PB N="3" REF="2"> V&s;urpation and all Acts tending to, and promoting of the &s;ame, are again&s;t the Law of God, Nature and Nations and have fixt an indelible Infamy on the perjured Heads of &s;uch as have been guilty thereof; all,<NOTE PLACE="marg">The Tray|tors had formerly &s;worn Fi|delity.</NOTE> or mo&s;t of the&s;e Offenders having &s;worn that it was not lawful to take up <HI>Arms</HI> again&s;t your <HI>Maje&s;ty</HI> on any pretence what&s;oever; and the &s;aid <HI>perfidious Criminals</HI> being con&s;cious of their Guilt, and breach of Faith to God, and their Natural Soveraign, after they had manife&s;tly violated the before recited Oath, and al&s;o broke the Oaths of Allegiance and Supremacy,<NOTE PLACE="marg">they abro|gated their former Oaths, and devi&s;ed new Oaths to the U|&s;urper.</NOTE> have by their own u&s;urpt Authority, taken upon them to Abrogate the &s;aid Oaths, and invented new and im|pious A&s;&s;urances of Fidelity to the V&s;urper. We there|fore your Maje&s;ties mo&s;t Loyal, and mo&s;t Dutiful Sub|jects afore&s;aid, out of our bounden Duty to God, and your Maje&s;ty; and for the vindication of our &s;elves from any Crime that may be imputed to us by rea&s;on of the &s;aid trea&s;onable Tran&s;actions, and the &s;everal Rebellions in this Kingdom formed by dome&s;tick Traytors in con&s;e|quence of the &s;ame; and that the world may know the care and duty which oblige us to manife&s;t your Maje&s;ties mo&s;t undoubted Right to your Imperial Crown, and that the &s;ame may be tran&s;mitted to our po&s;terities, do hereby acknowledge with one full voice of Tongue and Heart,<NOTE PLACE="marg">Recogniti|on of the Right of the Crown</NOTE> that your Maje&s;ty is our lawful and undoubted Liege, Soveraign Lord and King: And as we cannot make this Recognition too often, or enough; &s;o can there be no way or means &s;o fit as at this time both to &s;acrifice our unfeigned Thanks to Almighty God for ble&s;sing us with a Soveraign adorned with the rare&s;t Gifts of Mind and Body, and upon the knees of our Hearts to acknow|ledge our mo&s;t con&s;tant Faith, Obedience and Loyalty to your Maje&s;ty, and next after your Maje&s;ty, to his Royal Highne&s;s, the Prince of <HI>Wales,</HI> your mo&s;t undoubted Son and Heir apparent, our &s;econd hope, joy of our Hearts, and Breath of our No&s;trils, and your Royal Progeny, in this your High Court of Parliament, where the whole Body of the Realm, and every particular Member there|of, either in per&s;on, or by repre&s;entation, upon their own free Elections, are by the Laws of this Realm deemed to be pre&s;ent, do from the bottom of our Hearts yield to the Divine Maje&s;ty all humble Thanks and Prai&s;es for your Maje&s;ties mo&s;t Gracious, Iu&s;t and Merciful Raign over us; and in mo&s;t humble and lowly manner, do be|&s;eech your Mo&s;t Excellent Maje&s;ty, that as a further me|morial
<PB N="4" REF="3"> to all Po&s;terities for ever, to remain among&s;t the Records of your High Court of Parliament, of our Ab|horrence of the before-mentioned inhumane V&s;urpation and Trea&s;on, and of our Loyalty, Gratitude, Obedience, hearty and humble affection to your Maje&s;ty; following herein Authentick Pre&s;idents of many former good Par|liaments; It may be publi&s;hed and declared in this High C<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">urt of Pa<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">liament, and Enacted by Authority of the &s;ame, that We being bound thereunto by the Laws of God and Man, do Recognize and Acknowledge, and there|by expre&s;s our un&s;peakable Ioys, that immediately upon the Di&s;&s;olution and Decea&s;e of your Royal Brother King <HI>Charles</HI> the Second, of ever Ble&s;&s;ed Memory, the Impe|rial Crown of this Realm, and of all other your Maje|&s;ties Kingdoms and Dominions, did by Inherent Birth-Right, and Lawful and Vndoubted Succe&s;sion, de&s;cend, and come to your Mo&s;t Excellent Maje&s;ty, as being Li|neally, Iu&s;tly and Lawfully, next and &s;ole Heir of the Blood-<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">oyal of this Realm, as afore&s;aid: And that by the Goodne&s;s of God Almighty, and Lawful Right of De&s;cent under one Imperial Crown, Your Maje&s;ty is of this K<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ngdom, and of <HI>England, Scotland,</HI> and <HI>France,</HI> the mo&s;t Po<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ent and Mighty King; and thereunto We do mo&s;t humbly &s;ubmit, and oblige our Selves, our Heirs and Po&s;terities for ever, until the la&s;t drop of our Blood be &s;pilt.</P>
<P>And we do hereby further declare, that your Ma|je&s;ties Right to your &s;aid Imperial Crown,<NOTE PLACE="marg">The Kings Right is from&punc; God and not from the People.</NOTE> is originally by Nature, and de&s;cent of Blood, from God alone, <HI>by whom Kings Raign,</HI> and not from your People, nor by ver|tue or pretext of any Contract made with them, or any Act of your E&s;tates on that behalf; an A&s;&s;ertion which we Abominate, Dete&s;t, and Condemn, as fal&s;e and tray|terous; taken up formerly, and &s;ince revived by the mo&s;t odious Parricides that ever lived: And do hereby further publi&s;h and declare, that by the undoubted Fundamental Laws of this Kingdom, and of <HI>England,</HI> neither the Peers of this Realm, nor the Commons, nor both to|gether in Parliament, nor out of Parliament, nor the People collectively, or repre&s;entatively, nor any other per|&s;ons what&s;oever ever had, have, or ought to have any Co|ercive Power over the Per&s;ons of the Kings of this Realm; and that our Allegiance to your Maje&s;ty, our Natural Liege, Lord and Soveraign, is Indi&s;&s;oluble, and cannot be renounced by Vs, or our Po&s;terities; which
<PB N="5" REF="3"> Allegiance of us your Subjects is due to your Maje&s;ty in your natural Per&s;on, from which the Royal Power can|not be &s;eparated.</P>
<P>And We do further Recognize and Declare, That within all Your Maje&s;ties Realms and Dominions,<NOTE PLACE="marg">The King alone has the Go|vernment of the Ar|my and Militia, <HI>&amp;c.</HI></NOTE> the Sole and Supreme Power, Government, Com|mand and Di&s;po&s;ition of the Militia, and of all Forces by Sea and Land, and of all Forts and Places of Strength, is, and by the Laws of this Realm, and of <HI>England,</HI> ever was the undoubted Right of your Maje&s;ty, and your Royal Predece&s;&s;ors, Kings and Queens of the&s;e Realms. And that both, or either of the Hou&s;es of Parliament, or the People Collectively, or repre&s;entatively, or a Conven|tion or A&s;&s;embly of Lords Spiritual, Temporal, and Commons, or any of them, on any account what&s;oever, cannot, nor ought to pretend to the &s;ame, nor can or law|fully may rai&s;e or levy any War Offen&s;ive or Defen&s;ive again&s;t your Maje&s;ty, your Heirs and lawful Succe&s;&s;ors.</P>
<P>And for the further abhorring and condemning of &s;uch wicked Rebellious Principles that have been di&s;tilled in|to the minds of the people of the&s;e your Maje&s;ties King|doms,<NOTE PLACE="marg">Subjects not to be deprived of the King's Protection, nor the King of their &s;er|vice.</NOTE> and to prevent for the future (as much as it is po&s;|&s;ible) the contagious venom of &s;uch dete&s;table Opinions and Sentiments: We do hereby further Recognize, Pub|li&s;h and Declare, that as it is again&s;t the Law of Nature to hinder or deprive your Maje&s;ties Subjects of your Royal Protection; &s;o it is directly again&s;t the &s;ame Law, and the Laws and Statutes of this Realm thereon grounded, to hinder or deprive your Maje&s;ty from the &s;ervice of your Subjects in Peace or War, (being in&s;epa|rably annexed to, and inherent in your Royal Per&s;on) of what per&s;wa&s;ion in Religion &s;oever they be, when your Maje&s;ty &s;hall have occa&s;ion to u&s;e the &s;ame, whereof your Maje&s;ty is the only Iudge; and that it is utterly un|lawful for your Maje&s;ties Subjects of this,<NOTE PLACE="marg">None to re&s;i&s;t the King.</NOTE> or any of your Kingdoms, on any pretence what&s;oever, actually to re|&s;i&s;t your Maje&s;ty, or our Lawful, Hereditary King for the time being, by Violence, or force of Arms; or to with|draw their Allegiance from your Maje&s;ty, your Heirs and Lawful Succe&s;&s;ors;<NOTE PLACE="marg">God is the Judge of mi&s;u&s;ing Authority:</NOTE> but that the Deci&s;ion in all Ca&s;es of a mi&s;u&s;ed Authority by our Lawful, Hereditary King (if any &s;uch &s;hould happen) mu&s;t be left to the &s;ole Iudg|ment of God, <HI>the King of Kings, and only Ruler of Princes.</HI> All the&s;e True and Faithful Declarations of your Ma|je&s;ties undoubted Rights amply &s;et forth in divers Acts
<PB N="6" REF="4"> of Parliament of this and precedent Ages, and known to be the fundamental Laws of the&s;e your <HI>Kingdoms,</HI> We will for ever &s;upport, and maintain again&s;t the &s;aid V&s;ur|per, and his Adherents, and all other Rebels and Tray|tors, with the utmo&s;t hazard of our Lives and Fortunes which we mo&s;t humbly be&s;eech your Maje&s;ty to adorn with your Royal A&s;&s;ent, without which they cannot be either compleat or perfect, nor remain to Po&s;terity accord|ing to our humble de&s;ire, as a Memorial of your Princely and Tender Affection towards us, and of our &s;incere Loyalty and Duty to your Maje&s;ty.</P>
</DIV2>
<DIV2 N="2" TYPE="chapter">
<HEAD>CAP. 2. An Act of Supply for His Maje&s;ty for the Support of His Army.</HEAD>
<P>&nbsp;</P>
</DIV2>
<DIV2 N="3" TYPE="chapter">
<HEAD>CAP. 3. An Act for Liberty of Con&s;cience, And Repealing &s;uch Acts or Clau&s;es in any Act of Parliament which are incon&s;i&s;tent with the &s;ame.</HEAD>
<P>VVHereas it is found by experience, that per&s;ecut|ing of People upon the account of Religion, doth no way advance Chri&s;tian Faith, or Piety, but on the contrary, occa&s;ions annimo&s;ities and divi&s;ions between His Maje&s;ties Subjects, and di&s;courages &s;trangers from living among&s;t them to the great hinderance of the Trade, Peace and Welfare of this Kingdom. And for that our Soveraign Lord the King, hath been graciou&s;ly plea&s;ed, upon &s;everal occa&s;ions, &s;olemnly to declare his Royal Inclinations, for indulging of tender Con&s;ciences, and his con&s;tant Re&s;olution of giving free Liberty of Con&s;cience to all his Subjects, to that degree, that there &s;hould be no other Te&s;t,<NOTE PLACE="marg">Liberty of Con<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">cience to all per|&s;ons pro|fe&s;&s;ing Chri&s;tiani|ty.</NOTE> or di&s;tinction among&s;t them, but that of Loy|alty. It is therefore Enacted; and be it Enacted by the Kings Mo&s;t Excellent Maje&s;ty, with the Con&s;ent and Advice of the Lords Spiritual and Temporal, and the Commons in this pre&s;ent Parliament A&s;&s;embled, and by Authority of the &s;ame, that all and every per&s;on and per|&s;ons what&s;oever profe&s;&s;ing Chri&s;tianity, &s;hall have and enjoy Liberty of Con&s;cience, and full and free Exerci&s;e of
<PB N="7" REF="4"> their re&s;pective Religions, Ways and forms of Wor&s;hip; within this Kingdom, without any mole&s;tation, lo&s;s or penalty what&s;oever. And that they and every of them may Meet, and A&s;&s;emble together, with their Pa&s;tors, Teachers, Preachers, Mini&s;ters, or other In&s;tructers; to Teach, Preach, and Exerci&s;e their &s;everal Functions in &s;uch Churches, Chapels, private Hou&s;es, or other places, as they &s;hall have for that purpo&s;e, as to them, and to eve|ry of them, in their &s;everal ways &s;hall &s;eem be&s;t and fit|ting, &s;o as nothing be taught, preach'd, or done contra|ry to their Allegiance, or contrary to his Maje&s;ties peace,<NOTE PLACE="marg">All Religi|ous A&s;&s;em|blies to be open with freedom of acce&s;s to all</NOTE> his Crown, and Dignity: And that the &s;aid Meetings and A&s;&s;emblies be always in &s;ome open or publick place or places, unto which all per&s;ons may have an open, free, and uninterrupted acce&s;s, and pa&s;&s;age; any Act, Statute, Con&s;titution or Ordinance to the Contrary notwith|&s;tanding.</P>
<P>And be it further Enacted, by the Authority afore&s;aid,<NOTE PLACE="marg">The Writ <HI>De Heretico Comburendo</HI> all other penalties, <HI>&amp;c.</HI> annul|led.</NOTE> that the Writ <HI>De Heretico Comburendo;</HI> and &s;o much of any Statute, Act, Ordinance, Con&s;titution, or Law, as Directs, Authorizes or Warrants the I&s;&s;uing, or Execu|tion of the &s;aid Writ, or which inflicts any other Penal|ty, or Impri&s;onment, or Forfeiture of Lands, Goods, and Chattels, or the Burning of Pereticks, for or an account of Here&s;y be, and are hereby Annulled, Repealed, and made Void.</P>
<P>And be it further Enacted, by the Authority afore&s;aid;<NOTE PLACE="marg">None obli|ged to take the Oath of Suprema|cy, nor that of Allegi|ance, 3 <HI>Jac.</HI> cap. 4.</NOTE> that no per&s;on or per&s;ons &s;hall be hereafter obliged to take the Oath, commonly called the <HI>Oath of Supremacy,</HI> nor the new <HI>Oath of Allegiance,</HI> made or pre&s;cribed by a Sta|tute made in the third year of King <HI>JAMES</HI> the Fir&s;t His Reign, Chapter the Fourth. And that &s;o much of all, and every Act of Parliament at any time made in this Kingdom, as extends to Oblige, Require, or Provide the tendering, or taking of the &s;aid Oaths, or either of them, by any per&s;on or per&s;ons shall be, and are hereby Repeal|ed, and made Void; and all Penalties, Forfeitures, and Incapacities; incurred, or to be incurred; for not tendering; or for refu&s;ing, or not taking the &s;aid Oaths; or either of them, are hereby Di&s;charged and Relea&s;ed.</P>
<P>And be it further Enacted, by the Authority afore&s;aid,<NOTE PLACE="marg">Repeal of a Clau&s;e in the Stat. 14 &amp; 25 <HI>Car.</HI> 2</NOTE> that the Clau&s;e in the&s;e words following, <HI>(viz.) Other then per&s;ons of the Communion of the Church of <HI>England,</HI></HI> in&s;er|ted in an Act Intituled, <HI>An Act for taking away the Court of Wards, and Liveries, and Tenures in Capite, and by
<PB N="8" REF="5"> Knights Service,</HI> made in the Fourteenth and Fifteenth Years of <HI>Charles</HI> the Second, be, and is hereby Repealed, and made Void; and al&s;o the Power by the &s;aid Act Granted to the Lord Chancellor of <HI>Ireland,</HI> for the time being, and others for the di&s;po&s;ing the Cu&s;tody and Tu|ition of Heirs under the age of one and twenty years; of per&s;ons dying, not being of the Communion of the Church of <HI>England;</HI> and for taking Recognizances, be, and is hereby Repealed, and made Void. And it is here|by Enacted by the Authority afore&s;aid, that all the re&s;i|due of the &s;ame Act &s;hall be of the &s;ame force and effect; and that all his Maje&s;ties Subjects &s;hall have the full be|nefit thereof as if no part of the &s;aid Act had been Re|pealed, or no Clau&s;e of Re&s;traint or Exception had been in the &s;aid Act in&s;erted.</P>
<P>And al&s;o all other Clau&s;es in all and every Acts of Parliament;<NOTE PLACE="marg">General Repeal of all Clau&s;es, <HI>&amp;c.</HI> in any Act that may hinder Liberty of Con&s;cience</NOTE> and all Cu&s;toms, Laws, and Ordinances what&s;oever, which are incon&s;i&s;tent with, or repugnant unto this pre&s;ent Act, and the Liberty of Con&s;cience, and free Exerci&s;e of Religion hereby intended to be given un|to all per&s;ons profe&s;sing Chri&s;tianity, &s;hall be, and are hereby Repealed, Annulled, and made Void.</P>
</DIV2>
<DIV2 N="2" TYPE="chapter">
<PB N="9" REF="5">
<HEAD>CAP. 2. An Act for Repealing the Acts of Set|tlement, and Explanation, Re&s;olution of the Doubts, and all Grants, Patents and Certificates pur&s;uant to them, or any of them.</HEAD>
<P>WHereas the Roman Catholick Subjects of this Kingdom have for &s;everal years, to the apparent hazard of their Lives and E&s;tates,<NOTE PLACE="marg">The Pre|amble of the Act.</NOTE> under the Royal Au|thority defended this Kingdom, until at la&s;t they were overpowred by the V&s;urper <HI>Oliver Cromwell,</HI> in which Quarrel many of them lo&s;t their lives, and divers of them (rather than to take any conditions from the &s;aid V&s;ur|per) did tran&s;port them&s;elves into foreign parts, where they faithfully &s;erved under his late Maje&s;ty, and his pre|&s;ent Maje&s;ty, until his late Maje&s;ty was re&s;tored to his Crown.</P>
<P>And whereas the &s;aid V&s;urper hath &s;eized and &s;eque|&s;tred all the Lands, Tenements and Hereditaments of the &s;aid Roman Catholicks within this Kingdom, upon the account of their Religion and Loyalty, and di&s;po|&s;ed of the &s;ame among his Officers, Souldiers, and other his Adherents; and though his Maje&s;ties &s;aid Roman Catholick Subjects, not only upon the account of the Peace made by his late Maje&s;ty in the year <HI>1648.</HI> but al|&s;o for their eminent Loyalty, and firm adherence to the Royal Cau&s;e, might have ju&s;tly expected to partake of his late Maje&s;ties Favour and Bounty upon his happy Re|&s;toration, which was then extended even to many noto|rious Rebels in other his Countreys and Dominions, which would make amends for the oppre&s;sion and in|ju&s;tice they lay under for many years in the time of the &s;aid V&s;urper. Yet &s;uch were the contrivances &s;et on foot to de&s;troy his Maje&s;ty and Catholick Subjects of this Realm, that two Acts of Parliament pa&s;&s;ed here, the one intituled, <HI>An Act for the better execution of his Maje&s;ties Gracious Declaration for the Settlement of his Kingdom of <HI>Ireland,</HI> and &s;atisfaction of the &s;everal Intere&s;ts of Adven|turers, Souldiers, and other his Subjects there.</HI> The other Act entituled, <HI>For the explaining of &s;ome Doubts ari&s;ing upon an Act entituled, An Act for the better Execution of his Maje&s;ties Gracious Declaration for the Settlement of his
<PB N="10" REF="6"> Kingdom of <HI>Ireland,</HI> and &s;atisfaction of the &s;everal intere&s;ts of Adventurers, Souldiers, and other his Subjects there;</HI> and for making &s;ome alterations of, and additions unto the &s;aid Act, for the more &s;peedy and effectual &s;ettlement of the &s;aid Kingdom, by which many of the &s;aid Catholick Subjects were ou&s;ted of their ancient Inheritances, with|out being &s;o much as heard, and the &s;ame were di&s;tribu|ted among <HI>Cromwell</HI>'s Souldiers, and othets, who in ju|&s;tice could not have the lea&s;t pretention to the &s;ame, con|trary to the &s;aid Peace made in the year <HI>1648,</HI> and con|trary to Iu&s;tice, and natural Equity.</P>
<P>And whereas it is now high time to put an end to the un&s;peakable &s;ufferings of the <HI>Roman Catholick</HI> Natives of this Realm (who have eminently manife&s;ted their Loy|alty to His Maje&s;ty again&s;t the V&s;urper the Prince of <HI>Orange</HI>) and to remove the unparallell'd Grievances brought upon them, under colour of the &s;aid two Sta|tutes; which cannot be otherwi&s;e redre&s;&s;ed than by re|pealing the &s;aid Acts, and re&s;toring the former Proprietors to their Ancient Right. The compa&s;sing whereof is much facilitated by his Maje&s;ties Royal conde&s;cention to apply towards the &s;atisfaction and reprifals of hone&s;t Purcha&s;ers under the &s;aid Acts a great part of the Lands and Tenements forfeited to him by the late Rebellion and Trea&s;on committed by E&s;tated per&s;ons within this King|dom, who contrary to their Duty and Allegiance to His Maje&s;ty, have trayterou&s;ly joyned with the Prince of <HI>O|range.</HI></P>
<P N="1"><HI>1.</HI> Be it therefore Enacted by Your Mo&s;t Excellent Ma|je&s;ty, with the con&s;ent of the Lords Spiritual and Tem|poral, and the Commons in this pre&s;ent Parliament A&s;|&s;embled, and by the Authority afore&s;aid: And it is accor|dingly Enacted by Authority of the &s;ame, that the &s;aid two &s;everal Acts herein before mentioned, commonly called the <HI>Acts of Settlement,</HI> and Explanation, and the Act of <HI>State,</HI> or Act of <HI>Councel,</HI> commonly called the <HI>Re&s;olution of the Doubts,</HI> by the Lord Lieutenant and Council, upon the Act of Settlement, and explanation thereof, and all and every Clau&s;e, Provi&s;oe, Article and Sentence in them, and every of them contained, and all and every Grant, Patent,<NOTE PLACE="marg">The Act of Settlement and Expla|nation Re|pealed.</NOTE> and Certificate, pa&s;t by vertue of, or under colour or pretence of the &s;aid Acts, and Re&s;olutions, or of any or either of them (except what is herein after pre&s;erved, or mentioned to be pre&s;erved) be, and are hereby ab&s;olutely Repealed, Annulled, and made Void, to all intents, con|&s;tructions
<PB N="11" REF="6"> and Purpo&s;es what&s;oever, as if the &s;ame had never been made or pa&s;&s;ed notwith&s;tanding any Mi&s;recital of the Title of them or either of them, or of the Exact time when the &s;aid Acts or either of them were made or pa&s;t.</P>
<P N="2"><HI>II.</HI> And be it further Enacted that all manner of per&s;ons who were any way Entituled to any Lands Tenements or Hereditaments, or who&s;e Ance&s;tors were any way Seized, Po&s;&s;e&s;&s;ed of, or Intituled to any Lands Tene|ments or Hereditaments, in V&s;e, Po&s;&s;e&s;&s;ion, Rever&s;ion or Remainder, in this Kingdom of <HI>Ireland</HI> on the <HI>22</HI> day of <HI>October 1641,</HI> their Heirs and A&s;&s;ignes, and every per&s;on Lawfully Clayming by from or under them, and his and their Feoffe&eacute;s and Tru&s;tees to and for their u&s;e or u&s;es, or in Tru&s;t for them or any of them, and who were Barred, Excluded, Hindered or Prejudiced by the &s;aid Acts, Re&s;o|lutions Grants Pattents and Certificates,<NOTE PLACE="marg">All per&s;ons Seized the 22d of October 1641 Re|&s;tored.</NOTE> &s;hall and may have and take &s;uch or the like Remedy by Action or other|wi&s;e for Reve&s;ting or Recovering the &s;ame, as they or a|ny or either of them now might, could, or ought, to have had, or taken in Ca&s;e the &s;aid Acts, and Re&s;olutions or a|ny Grant Pattent or Certificate had never been had, made or pa&s;t any Clau&s;e, Provi&s;oe, Article, Sentence or Re&s;tricti|on in the &s;aid Acts, Re&s;olutions, Grants, Pattents, or Certificates, and any limitation, of time, De&s;cent, ca&s;t, Common Recovery Iudgment, or Non Clayme, upon a|ny Fine or Fines, or upon any other matter or thing, where an Entry or Claime could or would have Aided him or them, or any of his or their Ance&s;tors, Feoffees or Tru&s;|tees, in any way notwith&s;tanding.</P>
<P N="3"><HI>III.</HI> And be it further Enacted by the Authority afore&s;aid, That all Attaind<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">rs and Outlawries, for Trea&s;on or any other Offence, and al&s;o all Trea&s;ons and other Of|fences what&s;oever upon account or pretence of the Rebel|lion mentioned or expre&s;&s;ed to have begun or ari&s;en in this Kingdom on the <HI>23d</HI> day of <HI>October 1641,</HI><NOTE PLACE="marg">All attain|ders &amp;c up|on account of the Re|bellion 41. made void.</NOTE> and al&s;o all Penalties, Pains, Forfeitures, Barrs, and Di&s;abillities, accrewed or &s;uppo&s;ed to be accrewed thereby, or by any means or waies touching or relating thereunto, or any way upon account or pretence thereof, be, and are hereby made void Relea&s;ed and Di&s;charged to all Intents and Purpo|&s;es what&s;oever.</P>
<P N="4"><HI>IV.</HI> And be it further Enacted by the Authority afore&s;aid, that every Officer and Officers who have the Cu&s;tody or Keeping of the &s;aid Attainders or Outlawries or any of them, or of any the Proce&s;s, Entries and proceedings
<PB N="12" REF="7"> thereof and of all, or any Bookes of Crimination and Ex|aminations relating thereunto, &s;hall as &s;oon as Conve|niently may be, take the &s;ame of the Files and from the Re&s;pective Offices,<NOTE PLACE="marg">All At|tainders &amp;c to be taken off the File</NOTE> where the &s;ame do now Remain, and Cancel the &s;ame before or in the pre&s;ence of all or any the Commi&s;&s;ioners of Re&s;titution herein mentioned and any Officer failing to do the &s;ame &s;hall Forfeit his Office, and al&s;o the &s;umm of <HI>500</HI> pound <HI>&s;terl.</HI> the Moiety of the &s;aid <HI>500</HI> pound to be to your Maje&s;ty, and the other Moiety to any per&s;on who &s;hall &s;ue for the &s;ame by Action of Debt, Bill, Plaint or Information in any of your Maje&s;ties Courts of Common Law, in which Action no E&s;&s;oyne, Protection, or Wager of Law &s;hall be allowed.</P>
<P N="5"><HI>V.</HI> And to the end that every per&s;on and per&s;ons, and their Heires Executors Admini&s;trators and A&s;&s;ignes who hitherto were Barred, Hindered or Delayed from Recovering, Reve&s;ting or enjoying his or their ju&s;t Rights, Titles, or Po&s;&s;e&s;&s;ions by any of the matters afore&s;aid, may with all Convenient &s;peed, be put into and e&s;tabli&s;h|ed in his and their &s;aid Rights, Titles, and Po&s;&s;e&s;&s;i|ons.</P>
<P N="6"><HI>VI.</HI> Be it further Enacted by the Authority afore&s;aid, that &s;uch three or more per&s;ons as by your Maje&s;ty your Heires or Succe&s;&s;ors,<NOTE PLACE="marg">Three or more of the Com|mis&s;iioners to hear and deter|mine the Claymes of per&s;ons Re|&s;torable</NOTE> by Commi&s;&s;ion under the great Seal of <HI>Ireland</HI> &s;hall be to that Purpo&s;e appointed from time to time &s;hall be Commi&s;&s;ioners to hear and determine the Claymes and Titles by Engli&s;h Bill of &s;uch per&s;on or per&s;ons their Heires Executors, Admini&s;trators and A&s;|&s;ignes who are or ought to be Re&s;torable or Entituled un|to any Lands, Tenements, or Hereditaments, by rea&s;on of the Repealing or making Void of the &s;aid &s;everal Acts, Re&s;olutions of Doubts, Grants, Letters, Pattents, Certificates or of any other matter or thing herein before mentioned to be made void Repealed, Relea&s;ed, or Di&s;|charged.</P>
<P N="7"><HI>VII.</HI> And further that the &s;aid Commi&s;&s;ioners or any three or more of them &s;hall appoint certain times &amp; places from time to time for their Sitting,<NOTE PLACE="marg">the Com|mi&s;&s;ioners to appoint times for Hearing Claymes.</NOTE> Hearing and Deter|mining the Rights, Titles, and Claimes afore&s;aid, and &s;hall I&s;&s;ue Summons to the Tenants, and Po&s;&s;e&s;&s;ors, of the Lands Claimed before them and for witne&s;&s;es and upon appearance or in default of appearance then to pro|ceed,<NOTE PLACE="marg">To <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">xamin Titles upon Oath and to award In|junctions.</NOTE> and Examine the Right and Title of the &s;aid Clai|mant or Claimants upon Oath which Oath they have hereby power to Admini&s;ter, and take Affidavit in court or
<PB N="13" REF="7"> out of Court; &amp; thereupon &s;hall have power to a ward In|juctions for putting into Po&s;&s;e&s;&s;ion &s;uch per&s;on or per&s;ons as &s;hall appear unto them to be Re&s;torable unto or who ought to be put into Po&s;&s;e&s;&s;ion of any Lands, Tenements,<NOTE PLACE="marg">The Com|mi&s;&s;ioners to puni&s;h Sheriffs &amp;c. for not Ex|ecuting In|junctions &amp;c.</NOTE> or Hereditaments by virtue of this Act, and all Injuncti|ons and Prohibitions to be granted to &s;top or delay the proceedings of the &s;aid Commi&s;&s;ioners &s;hall be void and of no Effect but all Sheriffs &amp; Coroners to whom any In|junction or Injunctions for Po&s;&s;e&s;&s;ion &s;hall be directed, are hereby required and Authorized at their Perils to Ex|ecute the &s;ame, and the &s;aid Commi&s;&s;ioners are hereby Authorized to Puni&s;h all Neglects and Contempts of Sheriffs, Officers or any other per&s;on or per&s;ons.</P>
<P N="8"><HI>VIII,</HI> And for as much as by rea&s;on of the &s;everal op|pre&s;&s;ions Di&s;tractions and Confu&s;ions herein before men|tioned and of the length of time, &s;ince the &s;aid Ancient Pro|prietors have been di&s;po&s;&s;e&s;&s;ed as afore&s;aid the Deeds, Evi|dences and writings of the per&s;ons Re&s;torable by this Act, may be either lo&s;t or mi&s;laid, &s;o that the &s;ame may not &s;pee|dily or perhaps not at all be had, in Order to make out his or their Tytles, before the Commi&s;&s;ioners afore&s;aid, Be it therefore Enacted that the Iudgments, De|cree or Sentence of the &s;aid Commi&s;&s;oners or of any of them, &s;hall not be Final or Definitive,<NOTE PLACE="marg">The Decree of the Com|mi&s;&s;ioners not Fi|nal: in ca&s;e Deeds can|not be pro|duced.</NOTE> but the per&s;on or per&s;ons and his or their Heires, Executors, Admini&s;trators and A&s;&s;ignes, who is or &s;hall be Re&s;torable by vertue of this Act, &s;hall and may at his own will and plea&s;ure u&s;e and have his Action and Remedy in any of his Maje&s;ties Courts of Law or Equity, for Recovery of his or their Rights, Titles, and Po&s;&s;e&s;&s;ions without Re&s;orting to the &s;aid Commi&s;&s;ioners, or if he be not able to make out his Title before them.</P>
<P N="9"><HI>IX.</HI> Provided always, and be it hereby Enacted and Declared by the Authority afore&s;aid, That this Act or a|ny thing therein Contained &s;hall not Extend nor be Deemed, or Con&s;trued to Extend,<NOTE PLACE="marg">Provi&s;o All Fines Conveyan|cies Relea|&s;es &amp;c. Confirmed&punc;</NOTE> to annul or make void any Relea&s;e; Confirmation, Conveyance, Fine, Recovery or Agreement had, made, &s;uffered, or perfected by any per|&s;on or per&s;ons, or their Ance&s;tor or Ance&s;tors, who other|wi&s;e would have been Re&s;torable by vertue of this Act, But that &s;uch Relea&s;e, Confirmation, Conveyance, Fine, Recovery or Agreement &s;hall be of &s;uch like force and ef|fect as they would have been, if this Act had never been had or made.</P>
<P N="10"><PB N="14" REF="8"><HI>X.</HI> And be it further Enacted by the Authority afore|&s;aid, that where any per&s;on or per&s;ons who hath been Tran&s;planted into the Province of <HI>Connaught</HI> or County of <HI>Clare,</HI> or his or their Heires, A&s;&s;ignes, has &s;old or Con|veyed away the Lands or Tenements, there &s;et out un|to him in Liew of his Ancient E&s;tate and he or his Heires &s;hall notwith&s;tanding &s;uch &s;ale of his Tran&s;planted In|tere&s;t be Re&s;tored to his Ancient E&s;tate or hath Relea&s;ed his Right thereto,<NOTE PLACE="marg">A Clau&s;e for the per|&s;ons Tran&s;|planted in|to Con|naught and County of Clare <HI>&amp;c.</HI></NOTE> and the &s;aid Tran&s;planted Intere&s;t be likewi&s;e Re&s;tored to the per&s;on or per&s;ons who was or were Entituled thereto the <HI>22d</HI> day of <HI>October 1641.</HI> or to his or their Heires or A&s;&s;ignes that then the Ancient E|&s;tate which &s;hall be &s;o Enjoyed by or Re&s;tored to &s;uch per&s;on or per&s;ons who &s;old the &s;aid Tran&s;planted Intere&s;t or to his or their Heires, or to any one Clayming by or under him or his Ance&s;tors or to whom he or they Relea&s;ed the &s;ame and likewi&s;e &s;uch other E&s;tate as the &s;aid Tran&s;planted per&s;on hath or had, or which came from him by de&s;cent in Fee to his Heir or Heires &s;hall be, and is hereby made ly|able unto and charged with the Lawfull yearly Intere&s;t of the purcha&s;e money which was paid to the &s;aid old Proprietors for the &s;aid Tran&s;planted Intere&s;t by the per&s;on or per&s;ons, who bought the &s;ame, the &s;aid yearly Intere&s;t to be paid to your Maje&s;ty your Heires and Suc|ce&s;&s;ors after the Expiration of Twenty one dayes next af|ter the Fea&s;ts of St. <HI>Philip</HI> and <HI>Jacob</HI> and <HI>All-&s;aints</HI> yearly by equal portions every year untill the &s;aid Original Pur|cha&s;e mony be paid unto your Maje&s;ty your Heires and Succe&s;&s;ors in one Entire payment, and the &s;aid Purcha|&s;er of the &s;aid Tran&s;planted E&s;tate to be reprized in &s;uch manner as herein, after to that Purpo&s;e, is expre&s;&s;ed and the &s;aid Purcha&s;e money to be part of the &s;tock of Repriz|als And whereas by the Re&s;titution of the Per&s;ons here|by intended to be re&s;tored to their &s;aid Ancient E&s;tates and Proprieties which belonged to them or their Ance&s;tors or to tho&s;e under whom they Clayme on the <HI>22d</HI> day of <HI>October 1641</HI> divers per&s;ons who were Strangers to the &s;everal per&s;ons to whom &s;ome of the &s;aid Lands, Tene|ments and Hereditaments were di&s;tributed, came into the Po&s;&s;e&s;&s;ion of the &s;aid Lands, Tenements and Heredita|ments, by or under the Purcha&s;es or Conveyances after the &s;aid Act of Settlement pa&s;t, and before the fir&s;t day of <HI>November</HI> la&s;t for good and valuable Con&s;ideration, and not in Con&s;ideration of Blood Affinity or Marriage by or from the Per&s;on or
<PB N="15" REF="8"> per&s;ons to whom the &s;ame have been granted or di&s;tribu|ted, pur&s;uant unto, or under colour of the &s;aid &s;everal Acts of Parliament, and Re&s;olution of Doubts, or of &s;ome or one of them, and whereof Certificate or Patent hath been pa&s;t &s;ince the &s;aid fir&s;t Act of Settlement, and likewi&s;e &s;uch per&s;on and per&s;ons who&s;e Ance&s;tors, or them&s;elves, or tho&s;e under whom they claim, purcha&s;ed the E&s;tates &s;et forth to tran&s;planted per&s;ons in the Pro|vince of <HI>Connaught,</HI> and County of <HI>Clare</HI> mu&s;t be remo|ved, and di&s;placed from their &s;aid po&s;&s;e&s;sions, and preten|ded E&s;tates, and leave the &s;ame to the ju&s;t Owners and Proprietors, thereof, who are to be re&s;tored thereto by vertue of this Act. The &s;aid per&s;ons &s;o to be removed, are hereby intended to be reprized for &s;uch their Purcha|&s;es in manner as herein afterwards is expre&s;&s;ed.</P>
<P N="11"><HI>XI.</HI> And whereas a horrid &amp; unnatural Rebellion was lately rai&s;ed, and &s;till is contrived in this Kingdom, and in other your Maje&s;ties Dominions, by great numbers of your Maje&s;ties Subjects, and more e&s;pecially by divers of the per&s;ons, and their heirs who had and enjoy'd a great part of the Lands and Tenements which formerly be|longed to your Maje&s;ties and your Royal Fathers and Brothers Catholick Subjects, and were given out, or di|&s;tributed by the late V&s;urped Powers as a reward for the former Rebellion and Trea&s;on herein fir&s;t mentioned, which &s;aid Rebels being not content therewith, but again endeavouring by the like Rebellion and Trea&s;on to draw in forreign Forces, and to continue a &s;ucce&s;sion of V&s;ur|pation again&s;t your Maje&s;ty, and over your mo&s;t Loyal Catholick Subjects of this Kingdom, in hopes thereby to gain the re&s;t of this Land, as they had obtained a great part of it before, and totally to deprive your Royal Ma|je&s;ty, and your Heirs and Succe&s;&s;ors thereof, and of your Crown and Dignity. Divers of the &s;aid Rebels went into <HI>England, Scotland, Wales, Holland,</HI> and the <HI>I&s;les of Man,</HI> and other parts beyond the Seas, to invite and pro|cure yo<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">r mo&s;t unnatural Enemy the Prince of <HI>Orange,</HI> and your Rebellious Subjects there, to &s;end over Forces into th<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s Kingdom, whil&s;t the re&s;t of the &s;aid Rebels in great multitudes arrayed them&s;elves in a rebellious man|ner, and &s;eized &s;everal of your Maje&s;ties Forts, Garri&s;ons and Magazines here for the &s;aid Prince of <HI>Orange,</HI> and your &s;aid confederate Rebels, whereby this your Maje&s;ties Kingdom was in great danger to be lo&s;t; but it plea&s;ed Almighty God, by the Courage and Conduct of his Grace
<PB N="16" REF="9"> <HI>Richard</HI> Duke of <HI>Tyrconnel,</HI> your Maje&s;ties Deputy in this Kingdom, with the dutiful a&s;si&s;tance of all your Maje&s;ties mo&s;t Loyal Catholick Subjects here, unani|mou&s;ly joyning with your &s;aid Deputy, to pre&s;erve the &s;ame for your Maje&s;ty, and to break and defeat the mea|&s;ures and machinations of a great part of the &s;aid Re|bels and Traytors; fora&s;much as for the Trea&s;ons and Rebellions afore&s;aid, the &s;aid Rebels and Traytors have ju&s;tly forfeited not only their E&s;tates, Lands and Li|vings, but their Lives al&s;o.</P>
<P N="12"><HI>XII.</HI> Be it therefore Enacted by your Mo&s;t Excellent Ma|je&s;ty, by the advice and con&s;ent afore&s;aid, that all and eve|ry the Manors, Lands, Tenements and Hereditaments, V&s;e, Tru&s;t, Po&s;&s;e&s;sion, Rever&s;ion and Remainder, Pow|er Redemption, and all and every E&s;tate and Intere&s;t what&s;oever in Law or Equity within this Kingdom, which on the fir&s;t day of <HI>Augu&s;t 1688.</HI> or at any time &s;ince belonged or appertained to any per&s;on or per&s;ons what&s;o|ever, who on the &s;aid fir&s;t day of <HI>Augu&s;t 1688.</HI> or at any time &s;ince was in Rebellion, or in Arms again&s;t your Mo&s;t Sacred Maje&s;ty either in this Kingdom, or in the Kingdom of <HI>England,</HI> or <HI>Scotland,</HI> or who corre&s;ponded or kept intelligence with, or went contrary to their Allegi|ance to dwell, or &s;tay among&s;t the &s;aid Rebels, or any of them, or who was or were any way aiding, abetting, or a&s;si&s;ting to them, or any of them, be and are hereby for|feited unto,<NOTE PLACE="marg">The E&s;tates of all per|&s;ons in Re|bellion the fir&s;t of <HI>Au|gu&s;t</HI> 1688 ve&s;ted in his Maje&s;ty.</NOTE> and ve&s;ted in your Maje&s;ty, and &s;hall be deem|ed and adjudged to have been forfeited unto, and ve&s;ted in your Maje&s;ty, as from the &s;aid fir&s;t day of <HI>Augu&s;t 1688.</HI> without any Office or inqui&s;ition thereof found, or to be found, freed, and ab&s;olutely di&s;charged of and from all E&s;tates Tail, and of all remainders and Rever&s;ions, to the intent and purpo&s;e that the &s;ame may be &s;ettled, di&s;|po&s;ed, granted, and confirmed in &s;uch manner as here|after is expre&s;&s;ed.</P>
<P N="13"><HI>XIII.</HI> (That is to &s;ay) that every repri&s;able per&s;on &amp; per|&s;ons,<NOTE PLACE="marg">Per&s;ons re|moved to be reprized</NOTE> his Heirs, Executors, and Admini&s;trators, who &s;hall be removed from any of the Lands, Tenements and Hereditaments, which are hereby to be re&s;tored to the an|cient Proprietor thereof, as herein before is expre&s;&s;ed, &s;hall be reprized, and have other Lands, Tenements and He|reditaments of equal value, worth and purcha&s;e, &s;et out, and granted unto him out of the &s;aid forfeited Lands hereby ve&s;ted in your Maje&s;ty for &s;uch E&s;tate or E&s;tates as the Lands from which he or they &s;hall be &s;o removed
<PB N="17" REF="9"> were held by him at the pa&s;&s;ing of this Act, And for the more &s;peedy and effectual granting of the &s;aid Reprizals.</P>
<P N="14"><HI>XIV.</HI> Be it further Enacted, that if it &s;hall be thought fit or nece&s;&s;ary there &s;hall I&s;&s;ue Commi&s;&s;ions under the great Seal of this Kingdom,<NOTE PLACE="marg">Commi&s;&s;ion to I&s;&s;ue and Enquire of the Lands Forfeited</NOTE> to &s;uch Commi&s;&s;ioners as &s;hall be named by the Lord Chancellor or Lord Keeper of the great Seal of <HI>Ireland</HI> within every of the Cities, Towns and Counties of this Kingdom to inquire and a&s;|certain, what Lands, Tenements and Hereditaments, a|ny of the Rebells afore&s;aid were &s;eized, or Po&s;&s;e&s;&s;ed off, or intituled unto on the &s;aid fir&s;t day of <HI>Agu&s;t 1688,</HI> or at a|ny time &s;ince, and the true and real yearly value thereof, and to make return thereof into his Maje&s;ties High Court of Chancery with all convenient &s;peed.</P>
<P N="15"><HI>XV.</HI> And be it further Enacted by the Authority a|fore&s;aid, that &s;uch three or more per&s;ons as your Ma|je&s;ty your Heires and Succe&s;&s;ors,<NOTE PLACE="marg">Commi&s;&s;io|ners to be appointed for &s;etting out Repriz|als &amp;c.</NOTE> by Commi&s;&s;ion under the great Seal of <HI>Ireland,</HI> &s;hall from time to time to this purpo&s;e appoint, &s;hall be Commi&s;&s;ioners for &s;etting forth alloting and di&s;tributing the &s;aid Reprizals, which &s;aid Commi&s;&s;ioners or any three or more of them are hereby, Authorized and Impowered, to Receive the Petitions, and Claymes, of &s;uch per&s;on and per&s;ons, who &s;hall demand &s;uch Reprizals in which &s;aid Petition, and Claym, is to be contained, the quantity and quallity, and the true year|ly value of the Lands, Tenements and Hereditaments, from which &s;uch Petitioner or Claymant was Removed, and the E&s;tate, and Title he had therein, and the Quit-Rents thereout payable, and the &s;aid Commi&s;&s;ioners, or a|ny three or more of them are to examin the truth thereof, by witne&s;&s;es upon Oath, and &s;uch other Evidences as &s;hall be produced unto them, and upon due Examination thereof, if they finde that &s;uch Petitioner or Claymant, or tho&s;e under whom he Claymed was a Purcha&s;er by Pur|cha&s;e made after pa&s;&s;ing the &s;aid fir&s;t Act of Settlement,<NOTE PLACE="marg">Purcha&s;ors upon valu|able con&s;i|deration Reprized.</NOTE> and for good and valuable Con&s;ideration before the fir&s;t of <HI>November</HI> la&s;t and not for or in con&s;ideration of Blood Af|finity or Marriage from by or under the per&s;on or per&s;ons, to whom the E&s;tate &s;o Claymed was granted or di&s;tribu|ted and whereof Certificate or Pattent was pa&s;t &s;ince the &s;aid fir&s;t Act as afore&s;aid, or that the &s;aid Petitioner or Claymant, or tho&s;e under whom he Claymes was or is a Purcha&s;er for valuable con&s;iderations of any Tran&s;plan|ted Intre&s;t in the Province of <HI>Connaught</HI> or County of <HI>Clare,</HI> then to &s;et forth unto &s;uch Petitioner or Claymant,<NOTE PLACE="marg">Purcha&s;er of a Tran&s;|planted In|tere&s;t Re|prizable.</NOTE>
<PB N="18" REF="10"> other Lands, Tenements and Hereditaments of equal va|lue, worth, and purcha&s;e, and for the like E&s;tate as the &s;aid Petitioner or Claymant had in the Lands, Tene|ments or Hereditaments from which he was or &s;hall be Removed as afore&s;aid, And the &s;aid Commi&s;&s;ioners or a|ny three or more of them, are hereby Required and Autho|rized to grant their Certificates under their hands and &s;eals to the &s;aid Petitioner and Claymant expre&s;&s;ing the Denominations,<NOTE PLACE="marg">The Com|mi&s;&s;ioners Certificate of the Lands gi|ven in Re|prize a good Warrant to the &s;aid Chancellor <HI>&amp;c.</HI></NOTE> Quantity, Quality, and Number of Acres of the &s;aid Lands &s;o alloted, and the Barony and County wherein the &s;ame do lye, and the E&s;tate thereof to be granted, and the Rent thereout to be Re&s;erved upon produceing of which Certificate, the Lord Chancellor or Lord Keeper of the great Seal of <HI>Ireland</HI> is hereby Autho|rized and Impowred without any further Warrant to cau&s;e effectual Letters Pattents to be made and pa&s;t to the &s;aid Claymant of the Lands &s;o certified to be Alloted unto him, and under the Rents and for &s;uch E&s;tate and E&s;tates as in the &s;aid Certificate &s;hall be to that purpo&s;e Expre&s;&s;ed,</P>
<P N="16"><NOTE PLACE="marg">A Tran&s;|planted per&s;on be|fore Re|prized to make out his purcha&s;e mony.</NOTE><HI>XVI.</HI> Provided always and be it further Enacted by the Authority afore&s;aid, that &s;uch per&s;on or per&s;ons as &s;hall Claym or Demand Reprizals for any Tran&s;plan|ted E&s;tate or Intere&s;t, &s;hall before he or they have any Reprizal or Reprizals for the &s;ame Allotted or &s;et out to them, make full and true Di&s;covery and proofe of the whole Original purcha&s;e mony which was paid for the &s;aid Tran&s;planted E&s;tate by the fir&s;t Purcha&s;er thereof, to the per&s;on or per&s;ons or his Heires to whom the &s;aid E&s;tate was Originaly &s;et forth or allotted, by way of Tran&s;plantation.</P>
<P N="17"><HI>XVII.</HI> And the &s;aid Commi&s;&s;ioners upon due Examinati|on and proof of the &s;aid Purcha&s;e mony are to certifie the Quantity thereof,<NOTE PLACE="marg">the Com|mi&s;&s;ioners to certifie the pur|cha&s;e mony</NOTE> and the E&s;tate of the Ancient Proprie|tor which is to &s;tand charged with the yearly Intere&s;t thereof into your Maje&s;ties Court of Exchequer, to the end that the &s;ame may be Levyed as it &s;hall grow due from time to time, untill the Original Purcha&s;e mony be paid in one entire payment to your Maje&s;ty your Heires and Succe&s;&s;ors, the &s;aid Principal and Intere&s;t to be paid to|wards Reprizals as afore&s;aid.<NOTE PLACE="marg">a penalty upon &s;uch Tran&s;plan|ted per&s;ons that do not m ke out their pur|cha&s;e mony</NOTE></P>
<P N="18"><HI>XVIII.</HI> And be it further hereby Enacted, that in ca&s;e at any time hereafter, it &s;hall be di&s;covered that any per&s;on or per&s;ons, claiming Reprizals for any &s;uch tran&s;planted Intere&s;t, hath not di&s;covered the full purcha&s;e Money fir&s;t
<PB N="19" REF="10"> paid, for the &s;aid tran&s;planted E&s;tate, but hath concealed any part thereof, then, and in &s;uch ca&s;e, the per&s;on or per|&s;ons who hath &s;o concealed any part of the &s;aid purcha&s;e Money, &s;hall forfeit double the &s;umm &s;o concealed, or not di&s;covered; the one moiety of which forfeiture &s;hall be to your Maje&s;ty, your Heirs and Succe&s;&s;ors; and the other moiety to &s;uch per&s;on or per&s;ons as &s;hall &s;ue for the &s;ame, by Bill, Plaint, or Information wherein no E&s;&s;oyn, Pro|tection or Wager of Law &s;hall be allowed.</P>
<P N="19"><HI>XIX.</HI> Provided al&s;o, and be it further Enacted,<NOTE PLACE="marg">No E&s;tate re&s;torable to old Pro|prietors ve&s;ted in his M<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">je&s;ty</NOTE> that nei|ther this Act, nor any thing therein contained &s;hall be deemed or con&s;trued, to ve&s;t in your Maje&s;ty, your Heirs or Succe&s;&s;ors any the Lands, Tenements, Hereditaments, or Chattels Real, Right, Title, Service, Chiefry, V&s;e, Tru&s;t, Condition, Fee, Rent-Charge, Mortgage, Right of Redemption, of Mortgages, Recognizance, Iudgment, Extent, Right of Action, Right of Entry, Statute, or any other E&s;tate, of what nature or kind &s;oever, which are hereby re&s;torable, according to the true intent and meaning of this Act to any ancient Proprietor, or his Heirs or A&s;signs, and the which have been ve&s;ted, or men|tioned, or &s;uppo&s;ed to have been ve&s;ted in your Maje&s;ties &s;aid Royal Father and Brother, or in either of them, by vertue of both, or either of the &s;aid Acts of Settlement, and Explanatory Act, or Re&s;olutions of Doubts, or by vertue of any of the &s;aid Attainders, or Outlawries, which are herein before Repealed and made void, or men|tioned to be Repealed or made void, but that all and every per&s;on and per&s;ons, who&s;e Titles, or who&s;e Ance&s;tors Ti|tles, were hitherto thereby barred, forfeited, or any way prejudiced or interrupted, &s;hall and may be re&s;tored there|unto, according to their ancient Rights and Titles, as herein before to that purpo&s;e is expre&s;&s;ed or intended.</P>
<P N="20"><HI>XX.</HI> Provided always, and be it further Enacted by the Authority afore&s;aid,<NOTE PLACE="marg">No remain|der expe|ctant upon any parti|cular E&s;tate ve&s;ted in his Maje&s;ty</NOTE> that nothing in this pre&s;ent Act con|tained &s;hall any way extend, or be con&s;trued to extend, to forfeit to, or ve&s;t in his Maje&s;ty, his Heirs or Succe&s;&s;ors, any Remainder or Remainders, Rever&s;ion or Rever&s;ions for valuable con&s;ideration, limited or &s;ettled by any Set|tlement or Conveyance, made for &s;uch valuable con&s;ide|ration either of Marriage and Marriage Portion, or other valuable con&s;ideration, what&s;oever, upon any E&s;tate for life, or lives, to any per&s;on or per&s;ons, who have not, or &s;hall not aid, abett, or a&s;si&s;t any per&s;on or per&s;ons in the V&s;urpation or Rebellion afore&s;aid; &s;uch Remainder or
<PB N="20" REF="11"> Remainders,<NOTE PLACE="marg">di&s;cover the pur|cha&s;e mony</NOTE> Rever&s;ion or Rever&s;ions as are limited by any Conveyance wherein there is any power for revoking or altering all or any u&s;e or u&s;es therein limited, and al|&s;o &s;uch Remainder and Remainders, Rever&s;ion and Re|ver&s;ions as are limited upon any Settlement or Convey|ance of any Lands, Tenements and Hereditaments com|monly called Plantation Lands, and all Lands, Te|nements and Hereditaments, held or enjoyed under &s;uch Grants from the Crown, or Grants upon the Com|mi&s;sion or Commi&s;sions of Grace, for remedy of defective Titles in the Raign of King <HI>James</HI> the Fir&s;t, or King <HI>Charles</HI> the Fir&s;t; in which &s;everal Grants re&s;pectively, there are Provi&s;oes or Covenants for rai&s;ing or keeping any number of Men and Arms for the King's Maje&s;ty again&s;t Rebels and Enemies, or for rai&s;ing of men for his Maje&s;ties Service for expedition of War, always ex|cepted and fore-prized; all which emainders and Re|ver&s;ions, limited by &s;uch Conveyances, wherein there is a power of Revocation, for &s;o much of the Lands, V&s;es and E&s;tates therein limited, as the &s;aid power doth or &s;hall extend unto, and all &s;uch Remainders, as are deri|ved or limited of Plantation Lands, or other Lands held as afore&s;aid, under &s;uch Grants made by the Crown, &s;hall by authority of this pre&s;ent Parliament be deemed, con|&s;trued, and adjudged void, debarred, and di&s;charged, to all intents and purpo&s;es what&s;oever, again&s;t his Maje&s;ty, his Heirs and Succe&s;&s;ors, and his or their Grantees, or A&s;|&s;ignees; and the &s;aid Lands, Tenements and Heredita|ments belonging to &s;uch Rebels as afore&s;aid, &s;hall be ve|&s;ted in his Maje&s;ty, his Heirs and Succe&s;&s;ors, freed and di&s;charged of the &s;aid Remainder and Remainders, and every of them; and to the end the Rever&s;ions and Re|mainders &s;aved and pre&s;erved by this Act, may appear with all convenient &s;peed.</P>
<P N="21"><HI>XXI.</HI> Be it Enacted by the Authority afore&s;aid, that the re&s;pective per&s;ons entituled to &s;uch Remainders,<NOTE PLACE="marg">Per&s;ons en|tituled to any re|mainder, to exhibit their claims in 60 days.</NOTE> do within &s;ixty days next after the fir&s;t &s;itting of the Commi&s;sioners for executing this Act, exhibit their Claims before the &s;aid Commi&s;sioners, and make out their Title to &s;uch Re|mainder or Remainders, &s;o as to procure their Adjudi|cation and Certificate for the &s;ame, or the Adjudication and Certificate of fome three or more of them; and fur|ther, that all Remainders, for which &s;uch Adjudications and Certificates &s;hall not be procured, at or before one hundred and twenty days, after the fir&s;t &s;itting of the
<PB N="21" REF="11"> &s;aid Commi&s;sioners &s;hall be void, and for ever barred and excluded. Any thing in this Act or other matters to the contrary in any wi&s;e notwith&s;tanding. Nor &s;hall this Act extend to ve&s;t in your Maje&s;ty, or barr any Remainder limited to <HI>Dudley Bagnell</HI> E&s;q; upon the particular E|&s;tate of <HI>Nicholas Bagnell</HI> of <HI>Newry</HI> E&s;q; in <HI>Newry,</HI><NOTE PLACE="marg">Bagnell's Provi&s;oes.</NOTE> the Lord&s;hips and Lands of <HI>Mourne,</HI> and all other Manours and Lands now or lately belonging to the &s;aid <HI>Nicho|las Bagnell</HI> in the Kingdom of <HI>Ireland;</HI> Provided the &s;ame be &s;uch a Remainder as was not, or is not in the power of the &s;aid <HI>Nicholas Bagnell</HI> to barr. And fora&s;much as We, your Maje&s;ties mo&s;t Loyal and Dutiful Subjects, always have been, and for ever intend to be more &s;tudi|ous and indu&s;trious to &s;ecure and advance your Maje|&s;ties Revenue, than to le&s;&s;en or dimini&s;h the &s;ame.</P>
<P N="22"><HI>XXII.</HI> And wheras the Quit-Rents, or Kings Rent re&s;erved, or now payable unto your Maje&s;ty, your Heirs and Succe&s;&s;ors, would determine by Repealing the &s;aid Acts, if &s;ome provi&s;ion were not made to continue the &s;ame.</P>
<P N="23"><HI>XXIII.</HI> Be it Enacted by the Authority afore&s;aid,<NOTE PLACE="marg">A Clau&s;e concerning Quit-Rents</NOTE> that all Lands and Tenements, which by the &s;aid Acts of Settlement, and Explanation, were charged with, or made liable to Quit-Rent&punc; &s;hall be, and hereby are charged with, and made liable to the &s;ame, or the like Quit-Rents, to be paid to your Maje&s;ty, your Heirs and Succe&s;&s;ors, as in and by the &s;aid Act of Settlement and Explanation were appointed and directed. Saving and excepting the Quit-Rents due and payable out of the Earl of <HI>Antrim</HI>'s E|&s;tate, which were Granted to the late Earl of St. <HI>Albans.</HI><NOTE PLACE="marg">Saving the Earl of <HI>Antrim</HI>'s E&s;tate, and other Quit-Rents granted by Letter Pa|tent, <HI>&amp;c.</HI></NOTE> And &s;aving and excepting all &s;uch Lands and Tenements whereof the Quit-Rents have been by Letters Patents under the Broad Seal of <HI>England,</HI> or <HI>Ireland,</HI> Granted, or Relea&s;ed to the ancient Proprietor, or Proprietors there|of, or to &s;ome other per&s;on or per&s;ons in tru&s;t for them, or reduced in the hands of the ancient or new Proprietors, &s;ince the Act of Settlement, and Explanation, by rea&s;on of barren or unprofitable Ground; whether &s;uch reduce|ment was by Patent under the Broad Seal, or Certifi|cate, or other Order of Commi&s;sioners, having power to reduce the &s;ame, which Lands &amp; Tenements, are for the future to be charged only with &s;uch Quit-Rents, or Crown-Rents, as are by &s;uch Letters-Patents, Certi|ficates, and Orders, re&s;pectively re&s;erved and &s;pecified. And further, that all Lands, which immediately before
<PB N="22" REF="12"> the pa&s;sing of this pre&s;ent Act were not liable to any Quit-Rents, and &s;hall be, by, or pur&s;uant to this pre|&s;ent Act,<NOTE PLACE="marg">Repri&s;als.</NOTE> re&s;tored to the ancient Proprietors thereof. And likewi&s;e all Lands within this Kingdom, which being ve&s;ted in your Maje&s;ty by this pre&s;ent Act, or by, or upon account of the pre&s;ent Rebellion, or of any Trea&s;on com|mitted by any per&s;on &s;ince the fir&s;t day of <HI>Augu&s;t</HI> la&s;t, &s;hall be di&s;tributed, or given out for Reprizals by the Commi&s;sioners for executing this Act, or otherwi&s;e Granted by your Maje&s;ty, your Heirs or Succe&s;&s;ors, to any per&s;on or per&s;ons, Bodies Politick or Corporate, &s;hall be,<NOTE PLACE="marg">Bodies Politick made liable to Quit-Rents.</NOTE> and are hereby charged with, and made liable to the &s;ame, or the like Quit-Rents to be paid to your Ma|je&s;ty, your Heirs and Succe&s;&s;ors, as in and by the &s;aid Act of Settlement, and Explanation, were appointed or directed to be paid out of any other Lands in the re&s;pe|ctive Provinces where &s;uch Lands do re&s;pectively lye: So that the Rent formerly re&s;erved to the Crown on &s;uch Lands, exceed not the Rent hereby re&s;erved; but where the Rents formerly re&s;erved, do exceed the Rent hereby to be re&s;erved, the &s;aid former Rents only &s;hall be paid.</P>
<P N="24"><HI>XXIV.</HI> And be it further Enacted by the Authority a|fore&s;aid,<NOTE PLACE="marg">All arrears of Quit-Rents re|&s;erved to his Maje&s;ty.</NOTE> that all Arrears of the &s;aid Quit-Rents re&s;er|ved by the &s;aid former Acts, which were due to your Ma|je&s;ty on the fir&s;t day of <HI>May 1689.</HI> &s;hall be an&s;wered, and duly paid to your Maje&s;ty; and that your Maje&s;ty &s;hall and may recover, and levy the &s;ame in &s;uch manner, and by all &s;uch ways and means as you might have done, if this pre&s;ent Act had never been made, Any thing in this Act contained to the contrary notwith&s;tanding.</P>
<P N="25"><HI>XXV.</HI> And in regard the Mea&s;ne Profits of the &s;aid ancient E&s;tates which are hereby re&s;torable, are to be di&s;charged, as hereafter expre&s;&s;ed.</P>
<P N="26"><HI>XXVI.</HI> Be it further Enacted by the Authority afore|&s;aid,<NOTE PLACE="marg">No Debts before the 23th of <HI>Oc|tober,</HI> 1641. di&s;charged,</NOTE> that all intere&s;t of Money for any Debt or Debts contracted before the <HI>23th</HI> day of <HI>October 1641.</HI> and where|with the E&s;tate of any per&s;on re&s;torable by this Act, may be chargable, be, and are hereby di&s;charged, and relea&s;ed, for &s;uch time as the per&s;on or per&s;ons who &s;hould have paid the &s;aid Debts, were barr'd, and kept out of their E&s;tates by the &s;aid Acts, or Rebellion; but the original Debts are not to be di&s;charged by this Act.</P>
<P N="27"><NOTE PLACE="marg">No me&s;ne profits but from the time of an Entry made</NOTE><HI>XXVII.</HI> And be it further Enacted by the Authority a|fore&s;aid, that no per&s;on re&s;torable by vertue of this Act, &s;hall &s;ue for, or Recover any mea&s;ne profits of the E&s;tate
<PB N="23" REF="12"> &s;o Re&s;torable, but only for &s;uch Me&s;ne Profits as &s;hall accrew or grow due after his demanding Po&s;&s;e&s;&s;ion or Co|mencing Suite for the Lands &s;o Re&s;torable after the pa&s;&s;ing of this Act.</P>
<P N="28"><HI>XXVIII.</HI> And be it further Enacted by the Authority a|fore&s;aid, that the E&s;tate or E&s;tates, to be &s;et out or al|lotted to any per&s;on or per&s;ons, by way of Reprizals,<NOTE PLACE="marg">Lands &s;et out for Re|prizals Ly|able to Judgment <HI>&amp;c.</HI></NOTE> by vertue of this Act, or any other E&s;tate which he or his Heires &s;hall have, &s;hall be Lyable and Subject to all &s;uch Iudgments, Statutes and Recognizances for payment of mony, Rent Charges, Annuities, Mortgages, Dow|ers and all other E&s;tates, V&s;es, Tru&s;ts, Limitations, Settlements, Charges and Incumbrances of the per&s;ons &s;o reprized, or removed in &s;uch manner as the E&s;tate from which he &s;hall be &s;o removed, would be Lyable in ca&s;e he never were removed from the &s;ame: But in ca&s;e any per&s;on hereby removable to make room for an old Propri|etor be a Forfeiting per&s;on, or is not Intituled to have Reprizals then and in &s;uch ca&s;e it is hereby Declared and Enacted that all and every per&s;on and per&s;ons who before the &s;eaventh day of <HI>May 1689,</HI> had any &s;uch Incum|brance as before Expre&s;&s;ed or any Iudgment at any time before the <HI>22</HI> day of <HI>May 1689:</HI> on the &s;aid E&s;tate hereby Re&s;torable to the old Proprietor &s;hall and may have Re|prizals for the &s;ame out of the Common Stock of Repriz|als, at the rate of ten years purcha&s;e.<NOTE PLACE="marg">Incumbran|ces not to Exceed the E&s;tate which was Lyable thereunto</NOTE></P>
<P N="29"><HI>XXIX.</HI> Provided always that &s;uch Incumbrances or the Reprizals to be had or Allotted for the &s;ame, &s;hall not exceed the value of the E&s;tate which was Lyable thereun|to, and which is re&s;torable to the old Proprietor thereof, or to his Heires or A&s;&s;ignes.</P>
<P N="30"><HI>XXX.</HI> And be it further hereby Enacted, that where any old Proprietor or his Heires,<NOTE PLACE="marg">Tran&s;plan|ted E&s;tates made Lyable for the An|ce&s;tors debts.</NOTE> who had or held any new E&s;tate by Tran&s;plantation or otherwi&s;e by or under the &s;aid Acts hereby Repealed or any of them &s;hall by vertue of this pre&s;ent Act be removed from the &s;ame, that then and in &s;uch ca&s;e the Ancient E&s;tate to which old Proprie|tors or their Heires &s;hall be re&s;tored, and likwi&s;e all &s;uch o|ther E&s;tate which &s;uch Ancient Proprietor or his Heires by de&s;cent in Fe&eacute; under him, &s;hall have, &s;hall be, and is hereby made A&s;&s;ets for the Ance&s;tors Debts, and Lya|ble to make &s;ati&s;faction for all &s;uch Iudgments, Recog|nizances and Statutes for payment of mony and al&s;o for all Rent Charges, Annuities, Mortgages and all other E&s;tates, V&s;es, Tru&s;ts, Limitations and Settlements,
<PB N="24" REF="13"> Charges and Incumbrances of the &s;aid old Proprietor and his Heires in &s;uch manner as the &s;aid new E&s;tate from which he or they &s;hall be &s;o Removed, would have been Lyable in Ca&s;e he or they were never removed from the &s;ame Except the Lea&s;es made by &s;uch per&s;ons who are to be re&s;tored to the Lands, they or any of them were Seized or Po&s;&s;e&s;&s;ed of.</P>
<P N="31"><HI>XXXI.</HI> And furthermore for prevention of the great Inconveniencies which may happen by the &s;udden remo|val of Le&s;&s;e&eacute;s Farmers or under Tenants from the Lands Tenements or Hereditaments, whereof they are now in Actual Po&s;&s;e&s;&s;ion, and which are hereby to be Re&s;tored to the Ancient Proprietors thereof their Heires or A&s;|&s;ignes.</P>
<P N="32"><NOTE PLACE="marg">Lea&s;es made good</NOTE><HI>XXXII.</HI> Be it further Enacted by the Authority afore|&s;aid, that all &s;uch Lea&s;es in writing of the &s;aid Lands, Tenements and Hereditaments hereby Re&s;torable, and which were made before the fir&s;t day of <HI>May 1688.</HI> me&eacute;rly in Con&s;ideration of Rents Duties or other valuable year|ly Re&s;ervations. And not in con&s;ideration of any Fine or Incomb, or of Blood, or Affinity: And by virtue whereof the Lands, Tenements and Hereditaments thereby demi&s;ed are at this time enjoyed and held by the pre&s;ent Ter-te|nants and Occupiers thereof, be and are hereby made good and confirmed to the &s;aid Ter-tenents and Occupiers for and during &s;o much of the Term or time in &s;uch Lea&s;e and Lea&s;es limitted and expre&s;&s;ed as &s;hall not Exce&eacute;d the number of twenty one years or thre&eacute; lives yet to come and unexpired and for all the Lands,<NOTE PLACE="marg">The man&s;i|on hou&s;e Excepted</NOTE> Tenements and He|reditaments thereby demi&s;ed. Except that Me&s;&s;uage or Te|nement which in the year <HI>1641;</HI> was the Man&s;ion Hou&s;e of the old Proprietor or his A&s;&s;ignes. And except al&s;o De|mea&s;nes thereunto belonging, that is to &s;ay, the Town and Lands whereon the &s;aid Man&s;ion-Hou&s;e then &s;tood and the &s;aid Tenant or Le&s;&s;e&eacute; and his Executors Admi|ni&s;trators and A&s;&s;ignes for the Lands, Tenements and Hereditaments, &s;o by them to be held and detained by vir|tue of &s;uch Lea&s;e or Lea&s;es are to pay the yearly Rent and Duties thereout Re&s;erved or their ju&s;t Proportion thereof to the &s;aid Ancient Proprietor hereby Re&s;torable and to his Heires and A&s;&s;ignes and to give him and them Copies or Counterparts of the &s;aid Lea&s;e or Lea&s;es,<NOTE PLACE="marg">The rent Re&s;erved payable to the old Pro|prietors.</NOTE> and their own Obligations for performance thereof or o|therwi&s;e to accept of a new Lea&s;e for the Lands, Tene|ments and Hereditaments, &s;o to be enjoyed, and under the like Rent, Proportionably, and for &s;uch time or Term as
<PB N="25" REF="13"> &s;hall be then Vnexpired of the &s;aid former Demi&s;e.</P>
<P N="33"><HI>XXXIII.</HI> And whereas in &s;ome Ca&s;es the Lea&s;e or Lea|&s;es, which &s;uch Le&s;&s;e&eacute; or Le&s;&s;e&eacute;s had, might have be&eacute;n ve|ry beneficial Lea&s;es for a greater Term, and Originally made in Con&s;ideration of Fines by them, given to their Le&s;&s;ors for the &s;ame, or in Re&s;pect of Improvments, and as it is unequitable on the one &s;ide, that &s;uch Le&s;&s;e&eacute;s &s;hould lo&s;e their Fines, Bargains and Improvements, without &s;ati&s;faction for the &s;ame, &s;o it is on the other &s;ide unrea&s;onable that the Old Proprietor who hath be&eacute;n hi|therto kept out of his E&s;tate, and is hereby barred from the Mea&s;ne Profits thereof, &s;hould be obliged to bear the lo&s;s and damage of Lea&s;es &s;o made at an under Rent and low value.</P>
<P N="34"><HI>XXXIV.</HI> Be it therefore Enacted by the Authority afore|&s;aid, that the &s;aid Le&s;&s;or,<NOTE PLACE="marg">A clau&s;e Concerning his Maje&s;|ties Lea&s;es made when Duke of <HI>York</HI></NOTE> his Heires or A&s;&s;igns who is to be Reprized for the &s;aid Lands, &s;hall out of the Lands which &s;hall be to him granted by way of Reprizal, make and perfect unto the &s;aid Le&s;&s;e&eacute;, his Executors, Admini&s;tra|tors or A&s;&s;igns, a Lea&s;e of Lands of the like value, and for &s;uch Term or time of the &s;aid former Lea&s;e, as will be unexpired at the Removal of the &s;aid Le&s;&s;or, and that the &s;aid new Lea&s;e &s;hall be under the like Rents, Re&s;ervati|ons, Covenants and Conditions as in the &s;aid former Lea&s;e were expre&s;&s;ed, but in ca&s;e the &s;aid Le&s;&s;or be a Forfeiting per&s;on and not Reprizable by this Act, then the &s;aid Le&s;|&s;e&eacute; and Le&s;&s;e&eacute;s, &s;hall be Reprized for their &s;aid Lea&s;es, out of the Common &s;tock of Reprizals according to the Methods herein before &s;et forth, but &s;uch Lea&s;es in Po&s;|&s;e&s;&s;ion; and not now in any Forfeiting per&s;on as were made by your Maje&s;ty of the Lands held by your Maje&s;|ty under the Title of the &s;aid Acts are to &s;tand good and effectual at the Election of the Le&s;&s;e&eacute;s, their Executors, Admini&s;trators and A&s;&s;igns, and the Rent and Rever|&s;ion thereof,<NOTE PLACE="marg">Keating Lea&s;e re|&s;erved.</NOTE> to devolve and come to the Old Propietor thereof, and particularly one Lea&s;e bearing date the fir&s;t day of <HI>April 1675.</HI> made by your Maje&s;ty unto <HI>John Keating</HI> E&s;q; for the Term of twenty &s;ix years to Com|mence from the fir&s;t day of <HI>May</HI> then next en&s;uing the date thereof, of the Town and Lands of <HI>Blackrath</HI> in the County of <HI>Kildare,</HI> under the yearly Rent of Eighty one pounds fifte&eacute;n &s;hillings <HI>&s;terl.</HI> &s;hall in like manner &s;tand good and effectual, Notwith&s;tanding any &s;ale made by your Maje&s;ty unto him the &s;aid <HI>John,</HI> of the Inheritance of the &s;aid Lands, or any Merger of the &s;aid Lea&s;e, but
<PB N="26" REF="14"> the Rever&s;ion and Rent of the &s;aid Lands &s;o lea&s;ed is hereby to come to the Old Proprietor thereof, his Heirs and A&s;&s;igns.</P>
<P N="35"><HI>XXXV.</HI> Provided always, and be it Enacted by the Au|thority afore&s;aid, that all and every per&s;on and per&s;ons who is or are at the time of pa&s;&s;ing this Act, Seized or Po&s;&s;e&s;&s;ed of any Hou&s;es, Me&s;&s;uages, Manors, Lands, Tenements and Hereditaments within this Kingdom of <HI>Ireland,</HI> and who are by vertue of this Act, or any Clau&s;e therein contained, to be removed from the Seizin or Po&s;&s;e&s;|&s;ion thereof, or of any part thereof, &s;hall have &s;uch Rea&s;on|able and competent time given, and allowed him or them, for the Removal of them&s;elves, their Families and &s;tocks, as the Commi&s;&s;ioners for Execution of this Act,<NOTE PLACE="marg">A clau&s;e for underte|nants.</NOTE> or any thre&eacute; of them, &s;hall think fit, and appoint, not exce&eacute;ding one year from the fir&s;t day of <HI>May 1689,</HI> and the &s;ame to be under &s;uch competent Rent, as the &s;aid Commi&s;&s;ioners &s;hall think fit to be paid to the per&s;on and per&s;ons, his, and their Heirs, Executors and Admini&s;trators, who is, or are by this Act Re&s;torable to the &s;aid Hou&s;es, Me&s;&s;uages, Manors, Lands, Tenements and Hereditaments, any thing in this Act, or any other matter or thing to the Con|trary thereof, in any wi&s;e Notwith&s;tanding.</P>
<P N="36"><HI>XXXVI.</HI> Provided al&s;o, and be it further Enacted by the Authority afore&s;aid, that all and every per&s;on and per&s;ons who &s;ow any Corn or Rootes in any Lands,<NOTE PLACE="marg">A clau&s;e for the Encou|ragement of Le&s;&s;ees to be Remo|ved.</NOTE> Tenements and Hereditaments, whereof they or any of them, are now at the the time of the pa&s;&s;ing of this Act, Seized or Po&s;&s;e&s;|&s;ed, &s;hall have, perceive, and take the full benefit and ad|vantage thereof, and have fre&eacute; Liberty of Ingre&s;s, Egre&s;s and Regre&s;s for the making up and pre&s;erving, and of Carrying away and di&s;po&s;ing of the &s;aid Corn and Roots, or any part thereof, as he or they &s;hall think fit, he or they Paying and Allowing for the &s;ame to &s;uch per&s;on and per&s;ons as &s;hall be Re&s;tored to the &s;aid Lands &s;o Sown with Corn and Roots, according to the Cu&s;tome of the Country.</P>
<P N="37"><HI>XXXVII.</HI> And whereas there are divers Poor and di&s;tre&s;&s;ed Widdows and Relicts who&s;e Decea&s;ed Hu&s;|bands,<NOTE PLACE="marg">A clau&s;e for widdows.</NOTE> had they be&eacute;n a live, would have be&eacute;n Re&s;torable by this Act, and be thereby enabled to leave &s;ome Mainte|nance to their &s;aid Widdows and Relicts, but in Re|gard their &s;aid decea&s;ed Hu&s;bands, by means of the &s;eve|ral Acts, and other matters herein before Expre&s;&s;ed and Repealed, were kept from having any Seizin or Po&s;&s;e&s;|&s;ion
<PB N="27" REF="14"> of the E&s;tates, which &s;hould of Right be enjoyed by them; and for want of &s;uch Seizin, the &s;aid Widows and Relicts are not by the Common Law of this Land inti|tuled to any Dower, and therefore are in danger of peri&s;h|ing.</P>
<P N="38"><HI>XXXVIII.</HI><NOTE PLACE="marg">Want of Seizin no Barr.</NOTE> Be it therefore Enacted by the Authority afore|&s;aid, that the want of &s;uch Seizin &s;hall be no barr or pre|judice to the Widows and Relicts afore&s;aid, but that every Widow and Relict, who&s;e Husband, if living, would, or might be re&s;torable by this Act, &s;hall, and may have and re|cover &s;uch Dower, or proportion of her &s;aid Husbands E|&s;tate, as &s;he might recover by the Common Law, if her &s;aid Husband had a Seizin in Deed, or in Law thereof. And the Commi&s;sioners for re&s;titution herein before appointed, or to be appointed, are required to cau&s;e the &s;ame to be &s;et forth, and allotted; or the &s;aid Widows and Relicts, may, if they think fit, u&s;e, and have their remedies at the Com|mon Law, and if <HI>Neunque</HI> &s;eize <HI>que</HI> Dower, or any &s;uch Plea &s;hall be pleaded again&s;t any of them, it &s;hall be &s;uf|ficient for every &s;uch Widow and Relict, to give in Evi|dence, that the E&s;tate which her Husband &s;hould have had, and was kept out of by any of the Acts or matters here|by Repealed, was &s;uch whereof &s;he might recover Dower, in ca&s;e he were actually &s;eized, according to the E&s;tate to him limited; and upon proving thereof, every &s;uch Wi|dow and Relict &s;hall recover, as well as if her &s;aid Hu&s;|band had been actually &s;eized of the &s;aid E&s;tate; but &s;uch Widows and Relicts as had or enjoyed any Ioyntures to them limited, &s;hall only have the benefit of &s;uch Ioyn|tures.</P>
<P N="39"><HI>XXXIX.</HI> Provided always, and be it further Enacted by the Authority afore&s;aid, that all and every the Honors,<NOTE PLACE="marg">The Lord <HI>King&s;ton</HI>'s E&s;tate ve|&s;ted in his Maje&s;ty.</NOTE> Manors, Lands, Tenements, Remainder and Remain|ders, whereof <HI>Robert</HI> Lord Baron of <HI>King&s;ton</HI> now is, or at any time heretofore has been lawfully and right|fully &s;eized or po&s;&s;e&s;&s;ed of in his Deme&s;ne, as of Fee, or Fee-tail, to, or of any other E&s;tate of Inheritance in right of his Ance&s;tors (that is to &s;ay) of <HI>John</HI> late Lord Ba|ron of <HI>King&s;ton,</HI> or the Lady <HI>Catherine</HI> his Wife, &s;ituate, lying and being in the Counties of <HI>Cork</HI> and <HI>Ro&s;common,</HI> or el&s;ewhere within this Kingdom; and which hath been &s;ettled upon, or limited to the &s;aid <HI>John</HI> Lord Baron of <HI>King&s;ton,</HI> by his Father, or Grandfather, Sir <HI>John,</HI> and Sir <HI>Robert King,</HI> or by any of them, or to the &s;aid <HI>John</HI> Lord Baron of <HI>King&s;ton,</HI> and the Lady <HI>Catharine</HI> his
<PB N="28" REF="15"> Wife, or to either of them, by Sir <HI>William Fenton,</HI> Kt. and Dame Margaret his Wife, or to either of them, and whereof the &s;aid Sir <HI>John,</HI> or Sir <HI>Robert,</HI> or the &s;aid Sir <HI>William Fenton</HI> were &s;eized or po&s;&s;e&s;&s;ed of re&s;pectively on the <HI>22th</HI> day of <HI>October 1641.</HI> with all the Rights, Ti|tles, or Intere&s;t, which they, or any of them re&s;pectively had thereunto, be and are hereby ve&s;ted, and &s;ettled in his Maje&s;ty, and his Heirs, to be di&s;po&s;ed of as his Maje&s;ty &s;hall think fit, &s;ubject neverthele&s;s to &s;uch legal and equi|table Incumbrances, as the &s;ame would have been liable unto, in ca&s;e this Act had never pa&s;t, any thing herein contained to the contrary notwith&s;tanding.</P>
<P N="38"><HI>XXXVIII.</HI> Provided always, and be it further Enacted by the Authority afore&s;aid,<NOTE PLACE="marg">A Clau&s;e concerning the Lands of <HI>Chapel-Izard.</HI></NOTE> that the Capital Me&s;&s;uage, Town and Land of <HI>Chapel-Izard,</HI> alias <HI>Izad,</HI> with all other the Appurtenances thereunto belonging, and every part and parcel, now at the pa&s;sing of this Act, occupied, po&s;&s;e&s;&s;ed, and enjoyed as part or parcel thereof, and the Capital Me&s;&s;uage of the <HI>Phenix,</HI> and all the Hou&s;es, Me&s;&s;uages, Lands, Tenements and Hereditaments within the King's Park, adjoyning unto, or near this City of <HI>Dublin,</HI> in as large, free, and ample a manner as the &s;ame is now at the pa&s;sing of this Act, po&s;&s;e&s;&s;ed, and enjoyed by his Ma|je&s;ty, or any per&s;on claiming by, from, or under his Ma|je&s;ty, &s;hall be, and are hereby ve&s;ted in the King's Maje&s;ty, his Heirs and Succe&s;&s;ors, and &s;hall be held and enjoyed by his Maje&s;ty, his Heirs and Succe&s;&s;ors, any thing in this pre&s;ent Act, or any other matter or thing what&s;oever to the contrary, in any wi&s;e notwith&s;tanding. And in ca&s;e any ancient Proprietor, or Proprietors thereof, hath, or or have not been already &s;atisfied for his or their Intere&s;t therein, that then &s;uch ancient Proprietor or Proprietors &s;hall be Reprized according to his Title and Intere&s;t in the &s;aid Lands, out of the forfeited Lands, according to the Rules of this Act.</P>
<P N="39"><HI>XXXIX.</HI> Provided always, and be it Enacted by the Au|thority afore&s;aid,<NOTE PLACE="marg">The Port Corn pre|&s;erved to the Lord Chief Ju|&s;tice, <HI>&amp;c.</HI></NOTE> that the Lord Chief Iu&s;tice of his Ma|je&s;ties Court of Kings-Bench, the Lord Chief Baron of his Maje&s;ties Court of Exchequer, and the Ma&s;ter of the Rolls, or any other of his Maje&s;ties Officers of this King|dom for the time being, &s;hall and may have and receive &s;uch Port Corn of the &s;everal Rectories which have been formerly paid, and received, any thing in this pre&s;ent Act, or any other matter or thing what&s;oever to the contrary thereof, in any wi&s;e notwith&s;tanding.</P>
<P N="40"><PB N="29" REF="15"><HI>XL.</HI> And whereas in pur&s;uance of an Agreement made and concluded between <HI>Richard</HI> late Earl of <HI>Clanriccard,</HI><NOTE PLACE="marg">A Provi&s;o concerning the Earls of <HI>Clanriccard</HI></NOTE> and <HI>Charles</HI> Lord Vi&s;count <HI>Muskery,</HI> and <HI>Margaret</HI> Vice-counte&s;s <HI>Muskery</HI> his Wife, Heir General to <HI>Ulick</HI> late Lord Marque&s;s of <HI>Clanriccard,</HI> &s;everal provi&s;ions have been made and Enacted in the &s;aid Acts of Settlement, and Explanation for &s;ettling the E&s;tate of the Family of <HI>Clanriccard;</HI> &s;ince which time &s;everal Deeds, Conveyan|ces, Settlements Provi&s;ions, Writings, Decree, Award and Agreements of and concerning the Honours, Ma|nours, Lands, Tenements and Hereditaments belong|ing to the &s;aid Family, or whereof <HI>William</HI> late Earl of <HI>Clanriccard</HI> was &s;eized or po&s;&s;e&s;&s;ed, were made and per|fected by the &s;aid <HI>William</HI> late Earl of <HI>Clanriccard,</HI> or by his Children after his Decea&s;e, or with their con&s;ent, which are not intended to be weakned, or avoided by this Act.</P>
<P N="41"><HI>XLI.</HI> Be it therefore Enacted by the Authority afore|&s;aid, that the &s;aid &s;everal Deeds, Conveyances, Settle|ments, Provi&s;ions, Writings, Decree, Award, and A|greements, according to the &s;everal and re&s;pective E&s;tates, V&s;es, Tru&s;ts, Remainders, Limitations and Provi&s;ions therein mentioned, &s;hall be, and remain firm and valid in Law, according to the &s;aid Award lately made between the Family of <HI>Clanriccard,</HI> and the Limitations and V&s;es therein &s;et forth; and that the &s;everal Deeds, Conveyan|ces, Settlements, Provi&s;ions, Writings, Decree and A|ward, to the V&s;es and Limitations in the &s;aid Award be of the &s;ame force and vertue, and in the &s;ame plight and condition to all intents and purpo&s;es, as if this pre&s;ent Act had never been made again&s;t the Heir General of <HI>U|lick,</HI> late Lord Marque&s;s of <HI>Clanrickard, Richard</HI> late Earl of <HI>Clanrickard,</HI> and all per&s;oms claiming by, from, or under them, their Ance&s;tors, or any, or either of them, any thing in the&s;e pre&s;ents to the contrary notwith&s;tand|ing, &s;aving the Right, Title, and Intere&s;t of all Pur|cha&s;ers and Strangers, their Heirs, Executors, Admi|ni&s;trators and A&s;signs.</P>
<P N="42"><HI>XLII.</HI> And whereas the Right Honourable <HI>Hellen</HI> Coun|te&s;s of <HI>Clanriccard,</HI><NOTE PLACE="marg">The Lady <HI>Clanric|cards</HI> Pro|vi&s;o</NOTE> having heretofore had her Dower of the E&s;tate of her decea&s;ed Husband <HI>John Fitz Gerald</HI> E&s;q; &s;et out unto her; in which Dower &s;everal parcels of Lands were comprized, that did belong in <HI>October 1641.</HI> to old Proprietors, Re&s;torable by this Act.</P>
<P N="43"><PB N="30" REF="16"><HI>XLIII.</HI> It is hereby Enacted, that the &s;aid Counte&s;s &s;hall be Reprized out of the other two Thirds of the &s;aid E&s;tate late in the Sei&s;in of <HI>Edward Villiers</HI> E&s;q; and <HI>Ca|tharine</HI> his Wife, in Lands of equal value, worth and purcha&s;e, that &s;hall be forfeited to his Maje&s;ty, for, and during the life of the &s;aid Counte&s;s, to &s;upply what &s;hall be <HI>Bona Fide</HI> Evicted from her by any &s;uch Old Propri|etor.</P>
<P N="44"><HI>XLIV.</HI> And whereas by a particular Provi&s;o in the Act commonly intituled,<NOTE PLACE="marg">The Lord <HI>Carling|fodr</HI>'s Provi&s;o.</NOTE> <HI>An Act for the better Execution of His Maje&s;ties Gracious Declaration for the Settlement of this Kingdom of</HI> Ireland, <HI>and &s;atisfaction of the &s;everal Intere&s;ts of Adventurers, Souldiers, and other his Subjects there:</HI> It is among&s;t other things Enacted, That <HI>Theo|bald</HI> late Earl of <HI>Carlingford</HI> &s;hall have, hold, po&s;&s;e&s;s, and enjoy to him and his Heirs, all tho&s;e the Lands, Ma|nors, Tenements and Hereditaments in the County of <HI>Lowth;</HI> whereof the &s;aid <HI>Theobald</HI> Earl of <HI>Carlingford,</HI> upon the fir&s;t day of <HI>Augu&s;t</HI> in the year <HI>1661.</HI> was po&s;&s;e&s;|&s;ed, or were &s;ett out, a&s;signed, or granted to the &s;aid <HI>Theobald</HI> by way of <HI>Cu&s;todium,</HI> or otherwi&s;e, in order to a further Settlement thereof, to, and on the &s;aid <HI>Theo|bald,</HI> Earl of <HI>Carlingford,</HI> and his Heirs, for, and in liew of the E&s;tate of <HI>Colooney</HI> in the County of <HI>Sligoe,</HI> and al&s;o that the &s;aid <HI>Theobald</HI> Earl of <HI>Carlingford</HI> &s;hall have and enjoy to him and his Heirs, the Manors, Lands, Tenements and Hereditaments, whereof <HI>Chri&s;topher Taaffe</HI> of <HI>Bragan&s;towne,</HI> and <HI>Theophilus Taaffe</HI> of <HI>Cookes-town,</HI> or either of them, or any of their Ance&s;tors, or any other Per&s;on or Per&s;ons, to their V&s;e, or in Tru&s;t for them, or any of them, &s;tood Seized, or po&s;&s;e&s;&s;ed, upon the <HI>22th</HI> of <HI>October 1641.</HI> And where|as the &s;aid Manor, Lands, Tenements and Heredi|taments are by this pre&s;ent Act to be re&s;tored to the An|cient Proprietors thereof, or unto their Heirs or A&s;&s;igns, and al&s;o &s;everal other Lands Granted unto the &s;aid <HI>Theo|bald</HI> Earl of <HI>Carlingford,</HI> and his Heirs, lying and being in the Counties of <HI>Meath, Sligoe,</HI> and <HI>Tipperary,</HI> where|by <HI>Nicholas</HI> now Earl of <HI>Carlingford</HI> will be a great Sufferer, if not otherwi&s;e provided for by this Act.</P>
<P N="45"><HI>XLV.</HI> Be it therefore Enacted, &amp; it is hereby further En|acted by the Authority afore&s;aid, that the Commi&s;&s;ioners for Execution of this Act, &s;hall forthwith &s;et out in Repri|zals other Manors, Lands, Tenements &amp; Hereditaments Forfeited unto, or ve&s;ted in his Maje&s;ty by vertue of this
<PB N="31" REF="16"> Act, or upon the account of any attainder of Trea&s;on of Equal value Worth and Purcha&s;e with the Manors, Lands, Tenements and Hereditaments, from which the &s;aid <HI>Nicholas</HI> Earl of <HI>Carlingford</HI> or his Heires are to be Removed or Di&s;po&s;&s;e&s;&s;ed by vertue of this pre&s;ent Act, and which were held by the &s;aid <HI>Nicholas</HI> Earl of <HI>Carlingford</HI> by vertue of the &s;aid Acts of Settlement and Explanation, or of either of them, or by Pattent or Pattents upon the &s;aid Acts all and &s;ingular which Lands and Premi&s;&s;es &s;o &s;et out in Reprizals, the &s;aid <HI>Nicholas</HI> Earl of <HI>Carlingford</HI> &s;hall hold to him and his Heires at and under the &s;ame or like Tenures, Rents and Services as all Purcha&s;ers are to hold by this Act the Reprizals &s;et out to them or any of them and Subject to &s;uch Mortgages, Charges and In|cumbrances as the Lands from whence he or they are to be Removed were and are at the time of the pa&s;&s;ing of this Act any thing in this pre&s;ent Act or any other matter or thing to the Contrary thereof in any wi&s;e Notwith|&s;tanding.</P>
<P N="46"><HI>XLVI.</HI> Provided alwayes and be it further Enacted by the Authority afore&s;aid,<NOTE PLACE="marg">Lord <HI>Gall|way</HI>'s Pro|vi&s;o.</NOTE> that this Act or any thing herein Contained &s;hall not be Con&s;trued or Expounded in any Courts either in Law or Equity to ve&s;t in the Kings mo&s;t Excellent Maje&s;ty his Heires or Succe&s;&s;ors, or other|wi&s;e barr any Remainder or Remainders, or any other Right Title or Intere&s;t what&s;oever that ought to have de&s;cended or come, or which &s;hall or may hereafter de&s;cend or come upon or to <HI>Frances Lane</HI> now wife to <HI>Ulick</HI> Lord <HI>Vi&s;count Galway</HI> by vertue of any De&eacute;d, Will or other writing what&s;oever made and Executed by <HI>George</HI> Lord <HI>Vi&s;count Lanesborough</HI> decea&s;ed, and that all the Right, Title and Intere&s;t what&s;oever in re&s;pect of the premi&s;&s;es be &s;aved to the &s;aid <HI>Ulick</HI> Lord <HI>Vi&s;count Galway,</HI> and Dame <HI>Frances</HI> his wife this Act or any thing herein Con|tained to the Contrary in any wi&s;e Notwith&s;tanding Al|wayes excepted &s;uch Lands, Tenements and Heredita|ments as were at any time withheld or detayned from the Ancient Proprietor or Proprietors on account of any Title derived or pretended to be derived from or under the &s;aid Acts of Settlement and Explanation or either of them and not under the Proprietor or his Heires.</P>
<P N="47"><HI>XLVII.</HI> And whereas by a particular Provi&s;o in the Act Commonly Intituled an Act for the better Execution of his Maje&s;ties gracious Declaration for the Settlement of this Kingdom of <HI>Ireland,</HI> and the &s;ati&s;faction of the &s;e|veral
<PB N="32" REF="17"> Intere&s;ts of Adventurers Soldiers and other his Subjects there it is among&s;t other things Enacted that the Town of <HI>Mullingare</HI> in the County of <HI>We&s;tmeath</HI> with all the Hou&s;es,<NOTE PLACE="marg">Lord For|bes Provi&s;o</NOTE> Ca&s;tles, Tenements Lands &amp; Commons there|unto belonging, and Forfeited to his late Maje&s;ty <HI>Charles</HI> the Second of happy Memory &s;hould be and were by the &s;aid Act &s;ettled upon the Earl of <HI>Granard</HI> and his Heires by the name of Sr. <HI>Arthur Forbes</HI> Baronet according to a grant thereof pa&s;&s;ed to him by Letters Pattents under his &s;aid late Maje&s;ties great Seal of <HI>Ireland</HI> bearing date the <HI>27th</HI> day of <HI>July</HI> in the <HI>13th</HI> year of his &s;aid late Ma|je&s;ties Raign.</P>
<P N="48"><HI>XLVIII.</HI> And whereas the &s;aid Earl of <HI>Granard</HI> hath in Con&s;ideration of a Con&s;iderable Marriage Portion &s;etled the &s;aid Town of <HI>Mullingare</HI> with all and &s;ingular the premi&s;&s;es on <HI>Arthur</HI> now Lord <HI>Forbes</HI> Elde&s;t Son of the &s;aid Earl of <HI>Granard,</HI> and whereas the &s;aid Town of of <HI>Mullingare</HI> and all other the premi&s;&s;es, with their and every of their appurtenances are by this pre&s;ent Act to be Re&s;tored to the Ancient Proprietors thereof or unto their Heires or A&s;&s;ignes whereby the &s;aid <HI>Arthur</HI> Lord <HI>Forbes</HI> will be agreat Sufferer if not otherwi&s;e Provided for by this Act.</P>
<P N="49"><HI>XLIX.</HI> Be it therefore Enacted and it is hereby further Enacted by the Authority afore&s;aid, that the Commi&s;&s;io|ners for the Execution of this Act &s;hall forthwith &s;et out in Reprizals, other Manors, Lands, Tenements and Here|ditaments Forfeited unto or ve&s;ted in his Maje&s;ty by ver|tue of this Act or upon account of any attainder of Trea|&s;on of equal Value Worth and Purcha&s;e with the &s;aid Town of <HI>Mullingare</HI> and other the &s;aid Lands, Tene|ments and Hereditaments, from which the &s;aid <HI>Arthur</HI> Lord <HI>Forbes</HI> or his Heires are to be Removed or di&s;po&s;&s;e&s;|&s;ed by vertue of this pre&s;ent Act or any Clau&s;e or matter therein Contained all &amp; &s;ingular which Lands &amp; Premi&s;&s;es &s;o &s;et out in Reprizals the &s;aid <HI>Arthur</HI> Lord <HI>Forbes</HI> &s;hall hold to him and his Heires at and under the &s;ame or like Tenures, Rents and Services as all Purcha&s;ers are to hold by this Act the Reprizals &s;et out to them or any of them, any thing in this pre&s;ent Act, or other matter or thing to the Contrary thereof in any wi&s;e Notwith|&s;tanding.</P>
<P N="50"><NOTE PLACE="marg">A Provi&s;o for Francis Plowden E&s;q;</NOTE><HI>L.</HI> Be it further Enacted by the Authority afore&s;aid, that whereas <HI>Francis Plowden</HI> E&s;q; is, and for &s;everal years pa&s;t has been &s;eized in Fee of &s;everal Hou&s;es, Back-&s;ides,
<PB N="33" REF="17"> Wa&s;te-plots and Gardens, lying and being in the City of <HI>Dublin,</HI> and Town of <HI>Gallway,</HI> by and under the la&s;t Will and Te&s;tament of Dame <HI>Catharine Plowden</HI> Re|lict of Sir <HI>Daniel Tre&s;well</HI> Kt. decea&s;ed; He the &s;aid <HI>Fran|cis Plowden</HI> having paid above two thou&s;and pounds <HI>&s;terl.</HI> in Debts and Legacies, out of the &s;aid demi&s;ed Premi&s;&s;es, pur&s;uant to the &s;aid Will, that the Commi&s;sioners for executing this Act, &s;hall forthwith &s;ett out, and allow in Reprizal unto the &s;aid <HI>Francis Plowden,</HI> his Heirs and A&s;|&s;igns, to his and their u&s;e, Lands, Tenements and Here|ditaments, of equal value, worth and purcha&s;e, with the &s;aid &s;everal hou&s;es, wa&s;te-plots and gardens, from which the &s;aid <HI>Francis Plowden,</HI> his Heirs or A&s;&s;ignes is, or are to be removed, for re&s;toring the Ancient Proprietors, by this Act, any thing herein contained to the contrary notwith|&s;tanding.</P>
<P N="51"><HI>LI.</HI> Provided always,<NOTE PLACE="marg">A Provi&s;o for <HI>John Browne,</HI> E&s;q;</NOTE> that <HI>John Browne</HI> E&s;q; and his Heirs and A&s;&s;igns &s;hall in tru&s;t for his Creditors, and for &s;upport of his Iron-works, which are of publick advan|tage to your Maje&s;ty, and this Kingdom, have, hold, and enjoy all and every the Furnaces, Store-hou&s;es, Mills, Dwelling Hou&s;es, and Gardens, and other Improve|ments built, or made by him, or on his account, in the County of <HI>Mayo,</HI> for his own, his Clerks, and Workmens Dwellings and Conveniences to attend the &s;aid Works; as al&s;o all Damms built by the &s;aid <HI>John Browne,</HI> for &s;up|port of the &s;aid Works, with power for Repairs, as here|tofore u&s;ually done; and next the &s;aid Works, and mo&s;t contiguous to them, &s;o much of the Lands, which by the Rules of this Act would be taken away from the &s;aid <HI>John Browne,</HI> or his A&s;&s;igns, and re&s;tored to the ancient Proprietors, as is, or &s;hall be nece&s;&s;ary for the Gardens, Dwelling Hou&s;es, and Grazing of the Cattel and Hor&s;es of the &s;everal Clerks, Workmen and Labourers employ|ed, or to be employed by the &s;aid <HI>John Browne</HI> about the &s;aid Works; and the Commi&s;&s;ioners for execution of this Act, are hereby impowred to a&s;certain the quantity and rates of the &s;aid Lands that &s;hall be nece&s;&s;ary for the &s;aid <HI>John Browne,</HI> his Clerks, Dwellers, Workmen and Labourers to be employed about the &s;aid Works re&s;pe|ctively, as afore&s;aid, and to order and appoint &s;uch Rents to be paid yearly to the ancient Proprietors, and their Heirs, by the &s;aid <HI>John Browne,</HI> and his Heirs, out of the &s;aid Lands, as they &s;hall think fit, regard fir&s;t being only had to the intrin&s;ical value of the &s;aid Lands.</P>
<P N="52"><PB N="34" REF="18"><HI>LII.</HI> And whereas <HI>Martin Supple</HI> E&s;q; having been re&s;to|red as an Innocent by the Commi&s;&s;ioners for execution of the &s;aid Act of Settlement,<NOTE PLACE="marg">A Provi&s;o for <HI>Martyn Supple</HI> E&s;q;</NOTE> to the ancient E&s;tate of his Ance&s;tors, in the Lands and Tenements of <HI>Ighermur|rowmore, Ightermurrowbegg, Ballini&s;tbudning, Nockgla&s;s, Ballinemiznagh,</HI> and other Lands in the Barony of <HI>Imo|kelly,</HI> and County of <HI>Cork;</HI> after which Re&s;titution, Suit or Conte&s;t being Commenced, or moved by <HI>Roger</HI> late Earl of <HI>Orrery,</HI> who pretended a Title to the &s;aid Lands, un|der the late V&s;urped Powers. And whereas the &s;aid <HI>Martin Supple</HI> being not able to with&s;tand the Power of the &s;aid Earl, was nece&s;&s;itated to purcha&s;e his Peace and Quiet, by conveying, or exchanging his &s;aid ancient E|&s;tate unto the &s;aid Earl, and to accept for the &s;ame the Lands of <HI>Dummadimore, Drummadibeg, Farnahelly, Buoghallane</HI> in the &s;aid Barony &amp; County; which Lands were held by the &s;aid Earl, under the Title of the &s;aid Acts of Settlement, and Explanation, or of one of them, and therefore by this pre&s;ent Act are re&s;torable to the an|cient Proprietors thereof.</P>
<P N="53"><HI>LIII.</HI> Be it therefore Enacted by the Authority afore|&s;aid, that all Conveyances &amp; A&s;&s;urances made by the &s;aid <HI>Martin Supple</HI> to the &s;aid <HI>Earl,</HI><NOTE PLACE="marg"><HI>Supple</HI>'s Provi&s;o.</NOTE> of the &s;aid ancient E&s;tate, or of any part thereof, be, and are hereby annulled, and made void, to all intents and purpo&s;es what&s;oever; and that the &s;aid <HI>Martin Supple</HI> be, and is hereby re&s;tored to the &s;aid ancient E&s;tate, and &s;hall and may hold and enjoy the &s;ame, according to &s;uch E&s;tate and Title as he had therein before the &s;aid Conveyance or Exchange thereof, made, and &s;ubject, and liable unto all Remainders, Rever|&s;ions, V&s;es, Tru&s;ts, Limitations, and all other E&s;tates, Charges and Incumbrances as the &s;aid E&s;tate or Lands from which the &s;aid <HI>Martyn Supple</HI> is to be removed, were, or ought to have been liable unto, any thing herein to the contrary notwith&s;tanding.</P>
<P N="54"><NOTE PLACE="marg">Collonel <HI>Butler</HI>'s Provi&s;o.</NOTE><HI>LIV.</HI> Provided always, and be it further Enacted by the Authority afore&s;aid, that this Act, or any thing therein contained, &s;hall not be con&s;trued or adjudged to ve&s;t in your Maje&s;ty, or to barr any Remainder or Remainders limited to Collonel <HI>Richard Butler,</HI> or to any of his Sons, upon the re&s;pective particular E&s;tates limited to <HI>James</HI> Duke of <HI>Ormonde,</HI> and his Brother, in, and of the anci|ent E&s;tate, which on the one and twentieth day of <HI>October 1641</HI> did rightfully belong unto <HI>James</HI> late <HI>Duke</HI> of <HI>Ormond</HI> decea&s;ed, or the Lady Dutche&s;s his Wife, and the &s;ame
<PB N="35" REF="18"> to be &s;ubject to all Incumbrances, whereunto the &s;ame ought to be liable, in ca&s;e this Act were never made.</P>
<P N="55"><HI>LV.</HI> Provided alwayes that the Remainder &s;o limit|ted to the &s;aid <HI>Collonel Richard Butler</HI><NOTE PLACE="marg">Butler</NOTE> and his Sons be &s;uch as is not or was not in the power of the &s;aid <HI>Iames</HI> now <HI>Duke</HI> of <HI>Ormond</HI> and of his &s;aid Brother or of either of them to Bar.</P>
<P N="56"><HI>LVI.</HI><NOTE PLACE="marg">London Derrys Provi&s;o.</NOTE> And be it further Enacted by the Authority a|fore&s;aid, and it is hereby Declared to be the true Intent and Meaning of this Act, that all Lands, Tenements and Hereditaments, V&s;e, Tru&s;t, Po&s;&s;e&s;&s;ion, Rever&s;ion or Re|mainder, Chattel Real and all and every other E&s;tate, ei|ther in Law or Equity, of what nature or kind &s;oever within this Kingdom, which on the &s;aid fir&s;t day of <HI>Au|gu&s;t 1688,</HI> or at any time &s;ince did belong or appertain to the Society, Governors and A&s;&s;i&s;tance <HI>London,</HI> of the new plantation of <HI>Ul&s;ter</HI> in the Kingdom of <HI>Ireland,</HI> or to any other body politick or Corporate deriving under them, or Compo&s;ed, or Con&s;i&s;ting of any of the Citizens of <HI>London,</HI> by what&s;oever name or names, the &s;ame or any of them are called, be and are hereby ve&s;ted in your Maje&s;ty, your Heires and Succe&s;&s;ors as from the fir&s;t day of <HI>Augu&s;t 1688,</HI> and to be part of the Stock of Reprizals herein before mentioned, &s;aveing always, the Right, Title, E&s;tate and Intere&s;t, of the Corporation of the Mayor Commons and Citizens of <HI>Londondery,</HI> and <HI>Colerean.</HI></P>
<P N="57"><HI>LVII.</HI> And whereas &s;everal wa&s;te Plots of ground,<NOTE PLACE="marg">A Clau&s;e concerning wa&s;t grounds on which Goals <HI>&amp;c.</HI> are built.</NOTE> within &s;everal <HI>Cities, Towns, Burroughs</HI> or the <HI>Suburbs</HI> thereof, within this Kingdom, at the publick Charge of the &s;everal Fre&eacute;holders, and Inhabitants of the &s;everal Re&s;pective <HI>Counties, Cities, Towns</HI> and <HI>Burroughs,</HI> have be&eacute;n Purcha&s;ed from the then Proprietors, or Reputed Proprietors thereof, and great Summs of Mony layd out and expended by them, in Building of Se&s;&s;ion-Hou&s;es, Goals, hou&s;es of Correction, and other publick Conveni|encies thereunto belonging, upon the &s;aid Wa&s;te Plots of ground, for the publick good, and advantage of this Kingdom, And whereas the &s;aid wa&s;te Plots of ground or &s;ome of them &s;o purcha&s;ed and Improved upon, may by this pre&s;ent Act to the great prejudice of the Common|wealth be Re&s;tored unto the old Proprietor thereof, if not by &s;ome &s;pecial Clau&s;e or Provi&s;o prevented.<NOTE PLACE="marg">Proprietors not to be Re&s;tored to &s;uch Lands but Re|prized</NOTE></P>
<P N="58"><HI>LVIII.</HI> Be it therefore Enacted by the Authority a|fore&s;aid, and it is hereby Enacted that all the Lands Te|nements and Hereditaments &s;o Purcha&s;ed as afore&s;aid,
<PB N="36" REF="19"> and whereupon any Se&s;&s;ion Hou&s;es, Goales, Hou&s;es of Cor|rection are built, &s;hall be, and are hereby ve&s;ted in your Maje&s;ty your Heires and Succe&s;&s;ors to the u&s;e herein af|ter Expre&s;&s;ed, and that the &s;everal and Re&s;pective old Pro|prietors of the &s;aid wa&s;te Plots of ground &s;hall by the Commi&s;&s;ioners for Execution of this Act, be forthwith Reprized for the &s;ame out of &s;ome of the Forfeited Lands ve&s;ted in your Maje&s;ty your Heires &amp; Succe&s;&s;ors by vertue of this Act, of Equal Value worth and Purcha&s;e, with the &s;aid wa&s;te Plots of ground before any building or Im|provements made thereupon, To have and to hold the &s;aid Lands to be &s;et out in Reprizals to them, and every of them their Heirs and A&s;&s;igns at and under the &s;ame or like Tenures, Rents and Services as all Purcha&s;ers are to hold by this Act, the Reprizals &s;et out to them, or any of them, any thing in this pre&s;ent Act, or any other matter or thing to the Contrary thereof in any wi&s;e Notwith&s;tanding.</P>
<P N="58"><HI>LVIII.</HI> Provided alwayes, and it is hereby Declared that &s;uch of the &s;aid wa&s;te Plots &s;o built upon,<NOTE PLACE="marg">A Clau&s;e concerning Goals ctc. built upon Con&s;<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">cra|ted ground</NOTE> as did not formerly belong unto, and was the Con&s;ecrated ground or &s;cite Circuit, and Ambit of any Mona&s;tery, Abby or o|ther Religious Hou&s;e, &s;hall be and Remain ve&s;ted in your Maje&s;ty your Heires and Suce&s;&s;ors to the &s;aid publick V&s;es, for which the &s;ame were &s;o Purcha&s;ed and built upon, and as to all &s;uch of the &s;aid wa&s;te Plots &s;o built upon as did formerly belong to, and was the Con&s;ecra|ted ground or &s;cite Circuit and Ambit of any Mona&s;tery, Abby or other Religious Hou&s;e, the &s;ame &s;hall Be and Remain ve&s;ted in your Maje&s;ty your Heires and Succe&s;|&s;ors to be di&s;po&s;ed of, to &s;uch Pious or Charitable V&s;es, as your Maje&s;ty your Heires &amp; Succe&s;&s;ors &s;hall think fit.</P>
<P N="59"><HI>LIX.</HI> And, Whereas &s;ome meriting per&s;ons who are to lo&s;e Con&s;iderable E&s;tates by this Act, might by the foregoing Rules be intituled to &s;mall or no Reprizals, but by their Eminent &s;ervices, may in a &s;pecial manner me|rit Your Maje&s;ties Grace and Favour.</P>
<P N="60"><HI>LX.</HI> Be it Enacted by the Authority afore&s;aid, that your Maje&s;ty may in &s;uch &s;pecial Ca&s;es &s;et forth and grant Reprizals to &s;uch meriting per&s;ons, or by your Maje&s;ties Letters under your Maje&s;ties privy Signet or Sign manuel, order the Commi&s;&s;ioners for Executing this Act, to &s;et forth Reprizals for them, And likewi&s;e if your Maje&s;ty &s;hall &s;o think fit, to appoint and a&s;certain where and what Lands &s;hall be &s;et out to them.</P>
</DIV2>
<DIV2 N="5" TYPE="chapter">
<PB N="37" REF="19">
<HEAD>CAP. 5. An Act for taking off all Incapacities on the Natives of this Kingdom.</HEAD>
<P>WHereas by &s;everal Acts of Parliament, and Acts of State, or Acts of Council heretofore made, and pa&s;t in this Kingdom, and by &s;everal Grants, and Letters Patents of Lands, Tenements and Hereditaments, Of|fices and Imployments, and by divers Deeds, Gifts, De|vi&s;es, Wills, Te&s;taments and Lea&s;es, divers Prohibiti|ons, Conditions, Covenants and Provi&s;ions, were, and are ordained and devi&s;ed to di&s;able and incapacitate &s;ome of the Natives of this Kingdom, in re&s;pect of being of Iri&s;h Blood, or for &s;ome other mark of di&s;tinction from other your Maje&s;ties Subjects here from receiving, pur|cha&s;ing, having, holding, or enjoying Lands, Tenements or Hereditaments, Offices or Employments in this King|dom.</P>
<P>And whereas the &s;aid Acts, and the Prohibitions, Con|ditions, Covenants, and Provi&s;ions afore&s;aid, and the In|capacities, Di&s;abilities and Di&s;tinctions thereby devi&s;ed and ordained, have been, and are of very great di&s;advan|tage and prejudice to your Maje&s;ties Subjects here; and have occa&s;ioned, and daily do occa&s;ion much di&s;-union and divi&s;ion betwixt them, to the weakning of this Nation.</P>
<P>Be it therefore Enacted by the King's Mo&s;t Excellent Maje&s;ty,<NOTE PLACE="marg">All Incapa|cities taken off.</NOTE> with the Advice and Con&s;ent of the Lords Spi|ritual and Temporal, and Commons in this pre&s;ent Par|liament A&s;&s;embled; and by the Authority of the &s;ame, That all and every the ancient Natives of this Realm, of Iri&s;h Blood, &s;hall be, and are hereby made capable of all manner of Employments within this Realm, and of purcha&s;ing Lands in Plantation Countreys, and el&s;e|where; and to have and receive the &s;ame by de&s;cent, or purcha&s;e, as any other of the Subjects of this Land, be|ing of Engli&s;h Blood: And that all Clau&s;es, Provi&s;ions, Conditions and Re&s;trictions in any Patents, Commi&s;|&s;ions, Grants, Deeds, Gifts, Devi&s;es, Wills, Lea&s;es, Statutes, Laws, or otherwi&s;e, that do put any Incapa|cities on any natural born Subject of this Realm, either of Iri&s;h Blood, or otherwi&s;e, by rea&s;on of his Name, Blood, or Religion, be, and are hereby Repealed, Annul|led,
<PB N="38" REF="20"> and made utterly void; and all Forfeitures on &s;uch account are hereby Relea&s;ed, and Remitted.</P>
</DIV2>
<DIV2 N="6" TYPE="chapter">
<HEAD>CAP. 6. An Act to Continue two Acts made to prevent Delays in Execution, and to prevent Arre&s;ts of Judgments, and Super&s;eding Executions.</HEAD>
<P>VVHhereas an Act of Parliament pa&s;t in this Realm in a Parliament held at <HI>Dublin</HI> the &s;e|venteenth and eighteenth years of King <HI>Charles</HI> the Se|cond, Entituled, <HI>An Act to prevent delays in extending Statutes, Judgments, and Recognizances;</HI> and another Act Entituled, <HI>An Act to prevent Arre&s;ts of Judgments, and Super&s;eding Executions;</HI> both which Acts were to continue for the &s;pace of three years, and to the end of the then next Se&s;sion of Parliament. And whereas the &s;aid Acts by experience are found to have been of great advantage.</P>
<P>It is Enacted, and be it hereby Enacted by the King's Mo&s;t Excellent Maje&s;ty,<NOTE PLACE="marg">The two Acts con|tinued.</NOTE> by and with the Advice and Con|&s;ent of the Lords Spiritual and Temporal, and Com|mons in this pre&s;ent Parliament A&s;&s;embled, and by the Authority of the &s;ame, That the &s;aid &s;everal Acts of Parliament, and all the Clau&s;es, Sentences and Arti|cles in them, and each of them contained, &s;hall for ever hereafter endure and remain in full Force and Vertue in Law.</P>
</DIV2>
<DIV2 N="7" TYPE="chapter">
<HEAD>CAP. 7. An Act for taking away the Benefit of Clergy in certain Ca&s;es of Felony for two years.</HEAD>
<P>&nbsp;</P>
</DIV2>
<DIV2 N="8" TYPE="chapter">
<HEAD>CAP. 8. An Act for Repealing a Statute Intituled, An Act for Pro|vi&s;ion of Mini&s;ters in Cities and Corporate Towns, and making the Church of St. <HI>Andrews</HI> in the Suburbs of the City of <HI>Dublin</HI> Pre&s;entative for ever.</HEAD>
<P>WHereas by an Act of Parliament made in the &s;e|venteenth and eighteenth years of the Reign of
<PB N="39" REF="20"> our late Dread Soveraign Lord <HI>Charles</HI> the Second of famous Memory, Entituled, <HI>An Act for Provi&s;ion of Mi|ni&s;ters in Cities and Corporate Towns, and making the Church of St. <HI>Andrews</HI> in the Suburbs of the City of <HI>Dublin</HI> pre&s;entative for ever,</HI> It is ordained, that it &s;hall &amp; may be lawful for the Lord Lieutenant, or other Chief Governor or Governors, and &s;ix or more of his late Maje&s;ties Privy Council of this Kingdom, to allot, a&s;certain, &s;et forth, and charge any &s;umm or &s;umms of Money to be paid unto the &s;everal and re&s;pective Incumbents, and their re|&s;pective Succe&s;&s;ors within the City and Suburbs of <HI>Dub|lin,</HI> and Liberties thereunto adjoyning; and other Cities and Towns Corporate of this Kingdom, who have actual Cure of &s;ouls in each Pari&s;h re&s;pectively, out of each hou&s;e and hou&s;es belonging to the &s;aid Pari&s;h, whether it be by apportioning the &s;aid Money and Payment according to the yearly value of each Hou&s;e, or otherwi&s;e, &s;o as the &s;ame Payment do not exceed twelve pence <HI>&s;terl.</HI> for every pound of the yearly value of each Hou&s;e; &s;uch yearly value always to be intended, as the &s;ame &s;hall be valued upon Oath by per&s;ons to be nominated in that behalf, and authorized by Commi&s;sion under the Great Seal of this Kingdom, by direction of the Lord Lieutenant, or other Chief Governor or Governors for the time being, of this Kingdom, &s;uch Commi&s;sion to be Returned under the Hands and Seals of the Commi&s;sioners to the Clerk of the Council for the time being; and that after &s;uch Allot|ment &s;o made, and Summe or Summs of Money a&s;cer|tained, charged, and &s;et forth to be paid as afore&s;aid, and approved by the Lord Lieutenant, or other Governor, or Governors and Council of this Kingdom, &s;uch charge on &s;uch Inhabitant of each Hou&s;e, &s;hall be as good and effectual in law, as if the very &s;ame &s;umme or &s;umms which &s;hall be &s;o charged, had been particularly expre&s;&s;ed, and incerted, to be paid out of each Hou&s;e; and that the &s;aid Summe &s;o allotted, or charged upon each Inhabitant, &s;hould be received by the Church-Wardens re&s;pectively, and by them paid to the &s;everal and re&s;pective Incum|bents, and their Succe&s;&s;ors, by four portions every year by the Inhabitant, or re&s;pective Inhabitants thereof, with power of di&s;training for the fame, as by the &s;aid Act more at large appeareth.</P>
<P>And whereas the Duties and Payments afore&s;aid ap|pear to be a new Impo&s;ition, and are become very grie|vous and oppre&s;sive to the Inhabitants of Cities and
<PB N="40" REF="21"> Towns Corporate within this Kingdom, Be it therefore Enacted by the Kings mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of the Lords Spiritual and Temporal and Commons in this pre&s;ent Parliament a&s;|&s;embled, and by the Authority of the &s;ame, that &s;o much of the &s;aid Act as extends to the Granting, Impo&s;ing or Securing the duties or payments of twelve pence in the pound as afore&s;aid, be and is hereby Repealed and that the Re&s;idue of the &s;aid Act relating to the making of the &s;aid Church of St. <HI>Andrew</HI> Pre&s;entative for ever, and provid|ing for the Building thereof, and for Purcha&s;ing Lands and Livings for the u&s;e of the &s;aid Church, &s;hall remain in full Force.</P>
</DIV2>
<DIV2 N="9" TYPE="chapter">
<HEAD>CAP. 9. An Act for Repealing the Act for keeping and Celebrating the 23d of <HI>October</HI> as an <HI>Anniver&s;ary</HI> Thanks-giving in this Kingdom.</HEAD>
<P>VVHereas the keeping and Celebrating the Twen|ty third of <HI>October</HI> as an Anniver&s;ary Thanks|giving in this Kingdom according to the Act of Parlia|ment made in the fourteenth and fiifteenth yeares of King <HI>Charles</HI> the &s;econd, is the occa&s;ion of great &s;trife, Quarels, and Annimo&s;ities between his Maje&s;ties Subjects of this Kingdom.</P>
<P>Be it therefore Enacted by the Kings mo&s;t Excellent Maje&s;ty, by and with the advice &amp; a&s;&s;ent of the Lords Spi|ritual &amp; Temporal and Commons in this pre&s;ent Parlia|ment a&s;&s;embled, and by the Authority of the &s;ame, that the &s;aid Act of Parliament made in the &s;aid fourteenth and fif|teenth yeares of <HI>Charles</HI> the &s;econd for Keeping and Cele|brating the &s;aid Twenty third day of <HI>October</HI> as an An|niver&s;ary Thank&s;giving in this Kingdom, be and is here|by Repealed and made Void.</P>
</DIV2>
<DIV2 N="10" TYPE="chapter">
<PB N="41" REF="21">
<HEAD>CAP. 10. An Act Declaring that the Parliaments of <HI>England</HI> cannot binde <HI>Ireland,</HI> and again&s;t Writs of <HI>Error</HI> and Appeals, to be brought for Removing Judgments, Decrees and Senten|ces given in <HI>Ireland</HI> into <HI>England.</HI></HEAD>
<P>WHereas this his Maje&s;ties Realm of <HI>Ireland</HI> is and hath been always a di&s;tinct Kingdom from that of his Maje&s;ties Realm of <HI>England,</HI> always Gover|ned by his Maje&s;ty and his Predece&s;&s;ors according to the Ancient Cu&s;toms, Laws and Statutes thereof, and as the People of this Kingdom, did never &s;end Members to any Parliament ever held in <HI>England,</HI> but had their Laws continually made and E&s;tabli&s;hed by their own Parliaments, &s;o no Acts pa&s;&s;ed in any Parliament held in <HI>England,</HI> were ever binding here, excepting &s;uch of them as by Acts of Parliament pa&s;&s;ed in this K<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ngdom, were made into Laws here, yet of late times and e&s;pecially in the times of di&s;tractions &s;ome have pretended that Acts of Parliament pa&s;&s;ed in <HI>England</HI> mentioning <HI>Ireland</HI> were binding in <HI>Ireland.</HI></P>
<P>And as the&s;e late opinions are again&s;t Iu&s;tice and na|tural Equity,<NOTE PLACE="marg">Statutes in <HI>England</HI> do not bind <HI>Ireland.</HI></NOTE> &s;o they tend to the great oppre&s;&s;ion of the people here, and to the overthrow of the Fundamen|tall Con&s;titutions of this Realm: And to the end that by the&s;e modern and late opinions no per&s;on may be further deluded;</P>
<P>Be it therefore Enacted by the Kings mo&s;t Excellent Maje&s;ty, by the advice and con&s;ent of the Lords Spiritual and Temporal, and the Commons in this pre&s;ent Parli|ament a&s;&s;embled, and by Authority of the &s;ame, and it is &s;o hereby declared, that no Act of Parliament pa&s;t, or to be pa&s;t in the Parliament of <HI>England</HI> tho <HI>Ireland</HI> &s;hould be therein mentioned, can be, or &s;hall be any way binding in <HI>Ireland,</HI> excepting &s;uch Acts pa&s;t, or to be pa&s;t in <HI>England,</HI> as are, or &s;hall be made into Law by the Parliament of <HI>Ireland.</HI></P>
<P>And whereas &s;everal Writs of Error, were formerly &s;ued out and Returnable into the Kings Bench in <HI>England</HI> in order to Rever&s;e Iudgments given in his Maje&s;ties Court of Kings Bench in <HI>Ireland;</HI><NOTE PLACE="marg">Writs of Error from <HI>England</HI> Barred</NOTE> And where|as mo&s;t of the &s;aid Writs of Error have been brought for delay, and thereby many of his Mae<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ities Subjects of this
<PB N="42" REF="22"> Realm were greatly hindred from recovering their ju&s;t Rights, and put to va&s;t Charges in attending &s;uch Suits in <HI>England;</HI> for the prevention whereof, Be it hereby En|acted by the Authority afore&s;aid, that no Writ of Error &s;hall be hereafter brought out of <HI>England</HI> in order to Re|move any Record, or Tran&s;cript of Record out of his Maje&s;ties Court of Kings-Bench in <HI>Ireland,</HI> or out of any other Court of Record here, into <HI>England,</HI> in order to Rever&s;e any &s;uch Iudgments.</P>
<P>But in regard Iudgments to be given in his Maje|&s;ties Court of Kings Bench in <HI>Ireland</HI> may happen &s;ome|times to be erroneous;<NOTE PLACE="marg">Errors to be redre&s;|&s;ed in the Exchequer Chamber.</NOTE> Be it Enacted by the Authority afore&s;aid, that where any Iudgment &s;hall at any time hereafter be given in the &s;aid Court of Kings-Bench in <HI>Ireland</HI> in any Suit or Action of Debt, Detinue, Cove|nant Accompt, Action upon the Ca&s;e, <HI>Ejectione Firmae,</HI> or Tre&s;pa&s;s, fir&s;t Commenced, or to be fir&s;t Commenced there, other than where the King's Maje&s;ty &s;hall be Partie, the Plaintiff, or Defendant, or other per&s;on or per&s;ons again&s;t whom any &s;uch Iudgment &s;hall be given, may at his Election &s;u<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> forth of the High Court of Chancery in <HI>Ire|land,</HI> a &s;pecial Writ of Error to be Devi&s;ed in the &s;aid Court of Chancery directed to the Chief Iu&s;tice of the &s;aid Court of Kings-Bench in <HI>Ireland</HI> for the time being, Commanding him to cau&s;e the &s;aid Record, and all things concerning the &s;aid Iudgments to be brought before the Iu&s;tices of the Common-Pleas, and the Barons of the Exchequer here into the Exchequer Chamber in <HI>Ireland,</HI> there to be Examined by the &s;aid Iu&s;tices of the Common-Pleas, and the Barons of the Exchequer; which &s;aid Iu|&s;tices of the Common-Pleas, and Barons of the Exche|quer, or any four, or more of them, by vertue of this pre|&s;ent Act, &s;hall thereupon have full Power and Authority to Examine all &s;uch Errors as &s;hall be a&s;signed or found in or upon any &s;uch Iudgment as the Law &s;hall require, other than for Errors to be a&s;signed, or found for, or concerning the Iuri&s;diction of the &s;aid Court of Kings-Bench in <HI>Ireland,</HI> or for any want of form in any Writ, Return Plaint, Bill, Declaration, or other Pleadings, Proce&s;s, Verdict, or Proceeding what&s;oever, and other than for &s;uch Mi&s;takes, Errors, or Failings, as are now &s;upplyed,<NOTE PLACE="marg">One Judge or Baron may con|tinue the Court.</NOTE> or helped by &s;ome Statute or Statutes in force within this Realm.</P>
<P>And that any one or more of the &s;aid Iu&s;tices and Ba|rons in the ab&s;ence of the re&s;t, &s;hall have Power to Ad|journ
<PB N="43" REF="22"> the &s;aid Court, and continue the Proceedings of the &s;aid Writ of Error from time to time; and that af|ter that the &s;aid Iudgment &s;hall be Affirmed,<NOTE PLACE="marg">Record to be reman|ded, and Judgment to be exe|ted.</NOTE> or Rever|&s;ed; the &s;aid Record, and all things concerning the &s;ame &s;hall be Removed, and brought back into the &s;aid Court of Kings-Bench, that &s;uch further Proceedings may be thereupon, as well for Execution as otherwi&s;e, as &s;hall appertain.</P>
<P>And be it further Enacted by the Authority afore&s;aid,<NOTE PLACE="marg">Further re|medy in Parliament</NOTE> that &s;uch Rever&s;al, or Affirmation of any &s;uch former Iudgment &s;hall not be &s;o final, but that the Party who findeth him&s;elf grieved therewith, &s;hall and may &s;ue in the High Court of Parliament in <HI>Ireland,</HI> for the further and due Examination of the &s;aid Iudgment, any thing herein to the contrary notwith&s;tanding.</P>
<P>And be it further Enacted by the Authority afore&s;aid, that from the end of this pre&s;ent Se&s;sion of Parliament no Execution &s;hall be &s;tayed in the &s;aid Court of Kings-Bench, by Writ of Error, or Super&s;edeas thereupon,<NOTE PLACE="marg">No Execu|tion &s;tayed without Bail in per|&s;onal Acti|ons.</NOTE> after Verdict and Iudgment thereupon in any Action per&s;onal what&s;oever, unle&s;s a Recognizance with Condi|tion, according the Statute made in the tenth year of the Raign of our late Soveraign Lord King <HI>Charles</HI> the Fir&s;t, &s;hall be fir&s;t acknowledged in the &s;aid Court of Kings-Bench.</P>
<P>And further,<NOTE PLACE="marg">Bail in Eje|ctionae fir|mae.</NOTE> that in Writs of Error to be brought up|on any Iudgment after Verdict in any Action of <HI>Ejectione Firmae,</HI> no Execution &s;hall be thereupon, or thereby &s;tayed, unle&s;s the Plaintiff or Plaintiffs in &s;uch Writs of Er|ror, &s;hall be bound unto the Defendant in &s;uch Action of <HI>Ejectione Firmae</HI> in &s;uch rea&s;onable Summe as the &s;aid Court of Kings-Bench &s;hall think fit, with condition, that if the Iudgment &s;hall be affirmed in the &s;aid Writ of Error; or that the &s;aid Writ of Error be di&s;continu|ed in default of the Plaintiff or Plaintiffs therein, or that the Plaintiff or Plaintiffs be Non-&s;uited in &s;uch Writs of Error, that then the &s;aid Plaintiff or Plaintiffs &s;hall pay &s;uch Co&s;ts Damages, &s;umme and &s;umms of Money as &s;hall be Awarded upon, or after &s;uch Iudgment affir|med. Di&s;continuance, or Non-&s;uit had: And to the end that the &s;ame &s;umme and &s;umms, and damages may be a&s;cer|tained; Be it further Enacted by the Authority afore&s;aid, that the &s;aid Court of <HI>Kings-Bench,</HI> upon &s;uch affirmation, di&s;continuance or Non-&s;uit, &s;hall i&s;&s;ue a Writ to Inquire as well of the Mea&s;ne profits, as of the Damages by any
<PB N="44" REF="23"> wa&s;te committed after the fir&s;t Iudgment in <HI>Ejectione Firmae;</HI> and upon the Return thereof Iudgment &s;hall be given, and Execution awarded for &s;uch Mea&s;ne Profits, and damages and al&s;o for the Co&s;ts of Suit.</P>
<P>And whereas of late times &s;everal per&s;ons have brought Appeals before the Hou&s;e of Lords in <HI>England,</HI> in Order to Rever&s;e Decrees granted in the High Court of Chancery in <HI>Ireland,</HI><NOTE PLACE="marg">Appeals to the hou&s;e of Lords or Dele|gates <HI>&amp;c.</HI> &s;hall be void.</NOTE> which tend to the great charge, trouble and vexation of &s;uch of his Maje&s;ties Subjects as have obtain'd &s;uch decrees, and is an apparent new En|croachment upon the fundamental Con&s;titutions of this Realm, and al&s;o Appeals before Delegats in <HI>England:</HI> Be it therefore Enacted by the Authority afore&s;aid, that no per&s;on or per&s;ons what&s;oever, do hereafter pre&s;ume to &s;ue out any &s;uch Appeals, or to tender, or produce any &s;uch Appeal to the Lord Chancellor, or Lord Keeper of <HI>Ireland,</HI> or to any of the Officers of the &s;aid Court of Chancery, and that &s;uch Appeals &s;hall be void, and that no Appeal what&s;oever to Rever&s;e any Decree or Sentence pa&s;t, or to be pa&s;t in <HI>Ireland,</HI> &s;hall be brought into <HI>England,</HI> either be|fore the Hou&s;e of Lords there, or any Commi&s;&s;ioners or Delegats of Appeal, and that all &s;uch Appeals &s;hall be di&s;allowed.</P>
<P>And for rendering this pre&s;ent Act the more Effectual; Be it hereby Enacted by the Authority afore&s;aid, that it &s;hall be a High Mi&s;demeanor in any per&s;on or per&s;ons what&s;oever, that &s;hall in drawing of Pleadings either in Law or Equity,<NOTE PLACE="marg">Penalty for Offending this Act.</NOTE> or in any Bill of Exception to be Filed in any Court in <HI>Ireland,</HI> or that at any Tryal before any Court within this Realm, &s;hall deliberatly In&s;i&s;t that a|ny Act of Parliament made or to be made in <HI>England,</HI> wherein <HI>Ireland</HI> is or &s;hall be mentioned, is or can be bind|ing in <HI>Ireland,</HI> though it &s;hould not be made into a Law here by any Act made, or to be made, in a Parliament held or to be held here; And al&s;o that it &s;hall be a High mi&s;demea+nor in any per&s;on or per&s;ons what&s;oever, who within this Realm &s;hall tender or produce any Writ or Writs of Er|ror out of <HI>England</HI> in his Maje&s;ties Court of Kings Bench in <HI>Ireland,</HI> or to all or any the Iudges of the &s;aid Court for the time being, Returnable to the Court of Kings Bench in <HI>England,</HI> or that &s;hall tender or produce any Appeal to the Lord Chancellor, or Lord Keeper, of <HI>Ireland</HI> for the time being, or to any of the Officers of the &s;aid Court of Chancery, or to the Chancellor, Trea&s;urer and Barons of the Exchequer from the Hou&s;e of Lords
<PB N="45" REF="23"> in <HI>England,</HI> or that &s;hall tender any Appeal out of <HI>Eng|land</HI> to any Spiritual Iudge or Spiritual Court, or De|legats within this Realm, in Order to Rever&s;e any &s;en|tence given in <HI>Ireland,</HI> by any court of Delegats in <HI>Eng|land;</HI> And that if any per&s;on or per&s;ons &s;hall Offend herein, he &s;hall be Fined and Impri&s;oned according the Di&s;cretion of the court where he &s;hall be pro&s;ecuted for the &s;ame.</P>
</DIV2>
<DIV2 N="11" TYPE="chapter">
<HEAD>CAP. 11. An Act for adnulling and making Void all Pattents of Offices for life or during good behaviour.</HEAD>
<P>WHereas &s;everal Offices within this Realm, were pa&s;&s;ed in Pattent to &s;everal Grantees during the life or lives of one or more per&s;ons, or during good beha|viour, by which many of them were Encouraged to mi&s;|u&s;e their Authorities, and that many of the &s;aid Offi|ces were granted in Rever&s;ion to others, by Letters Pattents, and Even grants made in Rever&s;ion, upon Rever&s;ions of &s;uch Offices which hath be&eacute;n, and is like to be the occa&s;ions that many Offices requiring skill, and knowledg, are and will be Executed by unskilfull per|&s;ons, to the great prejudice of many of his Maje&s;ties Subjects;</P>
<P>And whereas &s;everal of the &s;aid Offices rela|ting to his Maje&s;ties Revenue are pa&s;t in Pattent to &s;ome who having not skill or knowledg to Execute the &s;ame, his Maje&s;ty is obliged to Imploy others to Act therein, and allow them a yearly allowance to the great Diminution of his Maje&s;ties Revenue, And for that &s;eve|ral of the &s;aid Officers have with drawn them&s;elves be|yond the Seas, who being Commanded to repair hither refu&s;ed or omitted to come; for temedy whereof.<NOTE PLACE="marg">Grants in rever&s;ion made void.</NOTE> Be it E|nacted, and it is hereby Enacted by his mo&s;t Excellent Maje&s;ty, by the Advice and Con&s;ent of the Lords Spi|ritual and Temporal and Commons in this pre&s;ent Par|liament, and by Authority of the &s;ame that all Pattents pa&s;t in Rever&s;ion or Rever&s;ions of any Office or Offices of what kind &s;oever, within this Kingdom, &s;hall be and are hereby declared to be Null and Void;<NOTE PLACE="marg">Grants for Life or du|ring good behaviour made void.</NOTE> and of no Effect what&s;oever; And be it further Enacted by the Authority afore&s;aid, that all Pattents whereby any Office or Offi|ces
<PB N="46" REF="24"> what&s;oever within this Kingdom, were granted for life or lives, or during good behaviour, &s;hall be and are hereby <HI>ip&s;o facto</HI> void to all intents and purpo&s;es what&s;oever, and that all &s;uch Pattents are and &s;hall be void, from the 20th day of <HI>May</HI> in the year of Our Lord God 1689, without any Suit, Action or Proce&s;s to be pro&s;ecuted for avoiding the &s;ame.</P>
<P>Provided that nothing in this Act contained, &s;hall ex|tend or be con&s;trued to extend to any Office or Offices heretofore granted to any per&s;on or per&s;ons what&s;oever,<NOTE PLACE="marg">Saving for Corporati|ons.</NOTE> by any Charter or Charters heretofore pa&s;&s;ed for erecting of any Corporation.</P>
</DIV2>
<DIV2 N="12" TYPE="chapter">
<HEAD>CAP. 12. An Act for the Puni&s;hment of per&s;ons who bring in the Counterfeit Coyn of Foreign Realms, being Currant in this Realm, or Counterfeit the &s;ame within this Realm, or <HI>wa&s;h, Clip, File,</HI> or <HI>Lighten</HI> the &s;ame.</HEAD>
<P>WHereas divers, and &s;undry Coyns of Gold, and Silver of other Realms, not being the proper Coyn of this Realm of <HI>Ireland,</HI> yet by the &s;ufferance and con&s;ent of our Soveraign Lord the King are Currant in payment within this Realm, many Ill-di&s;po&s;ed per&s;ons, for their own Corrupt Lucre and Advantage, have for the&s;e many years la&s;t pa&s;t, and e&s;pecially now of late brought into this Realm from the parts beyond the Seas great quantities of Forged and Counterfeit mony like to the &s;aid Coyn of other Foraign Realms, and o|thers have Counterfeited within this Realm, &s;uch For|raign Coyn made by the Kings Sufferance and Con&s;ent Currant here, and Wa&s;h, File, Clip, and Lighten the &s;ame, and have uttered the &s;ame here, by Merchandizing and otherwi&s;e to divers of the Subjects of this Realm to their great deceipt, hurt and damage the &s;aid ill di&s;po&s;ed per&s;ons, believing (and it being doubted by &s;ome) that there was not, nor yet is any &s;ufficient Law, or Statute made or provided for the Condigne puni&s;hment of the Of|fenders in that behalf;</P>
<P>Be it therefore Enacted by the King Our Soveraign Lord, with the A&s;&s;ent of the Lords Spi|ritual and Temporal, and Commons in this pre&s;ent Par|liament a&s;&s;embled, and by the Authority of the &s;ame; And it is hereby Enacted, that if any per&s;on or per&s;ons
<PB N="47" REF="24"> after the 20th day of <HI>Augu&s;t</HI> next coming,<NOTE PLACE="marg">Bringing in Counter|feit Coyn of Foreign Realms. or &s;orging it here</NOTE> &s;hall bring into this Realm, or into any of the Parts thereof, any &s;uch fal&s;e and Counterfeit Coyn being currant within this Realm as is afore&s;aid, knowing the &s;ame Coyn, and money to be fal&s;e and counterfeit, or &s;hall forge or coun|terfeit the &s;ame within this Realm, or any parts thereof, or File, Clip, Wa&s;h, or Lighten the &s;ame, to the intent to utter and make payment with the &s;ame within this Realm, or in any parts thereof by Merchandizing or o|therwi&s;e, that all and every &s;uch per&s;on or per&s;ons &s;o of|fending as is afore&s;aid, their Councellors, Procurers, Ayders, &amp; Abetters in that behalf &s;hall be deemed and ad|judged to be Offenders in high Trea&s;on &amp; &s;hall &s;uffer after Lawfull Conviction and Attainder thereof &s;uch pains of death, lo&s;s, &amp; forfeiture of Lands, Goods, and Chattels as other Offenders &s;hall do in ca&s;es of High Trea&s;on.</P>
<P>And be it further Enacted by the Authority afore&s;aid, that all and every per&s;on or per&s;ons that shall at any time after the &s;aid 20th day of <HI>Augu&s;t,</HI> be Accu&s;ed or Im|peached of any of the Offences conteined and provided for in this Statute, or of any other Offences concerning the Impairing, Counterfeiting,<NOTE PLACE="marg">The offen|ders to be tryed as o|ther Offen|ders in like ca&s;es of Trea&s;on.</NOTE> or Forging of any Coyn currant within this Realm, or the Washing, Fileing, Cliping, or the Lightening thereof shall and may be In|dicted, Arraigned, Tryed, Convicted, or Attainted by &s;uch like Evidence, and in &s;uch Manner and Form as hath been u&s;ed and accu&s;tomed in like Ca&s;es of High Trea&s;on within this Realm any Statute, Law, Cu&s;tom, or V&s;age to the contrary thereof in any wi&s;e Notwith|&s;tanding.</P>
</DIV2>
<DIV2 N="13" TYPE="chapter">
<HEAD>CAP. 13. An Act Concerning Tythes and other Eccle&s;ia&s;tical Duties</HEAD>
<P>VVHereas Tyths, Oblations, Obventions,<NOTE PLACE="marg">Tyths, <HI>&amp;c.</HI> ever &s;ince the Lateran Council due to pa|&s;tors, <HI>&amp;c.</HI> having cure of Souls, except on|ly Tyths Impropri|ate.</NOTE> Of|ferings, and other Eccle&s;ia&s;tical duties and pro|fits growing and ari&s;ing within all and every the Re|&s;pective Pari&s;h and Pari&s;hes of this Kingdom, (impropri|ate Tyths excepted) have by the Law of the Land, and Con&s;titution of Holy Church, ever &s;ince the Councel of <HI>Lateran,</HI> been due and payable to the Re&s;pective Pa&s;tors, Curates, and Vicars of the &s;aid re&s;pective Pari&s;hes, hav|ing
<PB N="48" REF="25"> Cure of Souls therein; as a provi&s;ion and mainte|nance for them for &s;erving the &s;aid Cure, by celebrating Divine Service, Admini&s;tring of Sacraments, Preaching and In&s;tructing the Pari&s;hioners thereof in true Faith, and performing other Pa&s;toral duties belonging to their Functions.</P>
<P><NOTE PLACE="marg">Catholicks impover|i&s;hed by maintain|ing their Prie&s;ts, and paying Tythes <HI>&amp;c.</HI> <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">he Pro|te&s;tant Clergy.</NOTE>And Fora&s;much as the Roman Catholick Subjects of this Kingdom for &s;ome time pa&s;t have maintained their own Prie&s;ts, Pa&s;tors, Curates, and Vicars, and thereby have been very much Impoveri&s;hed by being obliged to pay their Tythes, and other Eccle&s;ia&s;tical duties to the Prote&s;tant Clergy, who have not laboured in the Admini|&s;tration of any of the &s;aid Spiritual Offices for any of the &s;aid Roman Catholicks.</P>
<P>Be it therefore Enacted, and it is hereby Enacted by Your Mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of the Lords Spiritual and Temporal,<NOTE PLACE="marg">That Ca|tholicks &s;hall pay their tyths <HI>&amp;c.</HI> to their Prie&s;ts.</NOTE> and the Commons in this pre&s;ent Parliament A&s;&s;embled, and by the Authority of the &s;ame, that your Maje&s;ties Roman Catholick Subjects of this Kingdom, &s;hall and may &s;et out, and pay all their Tythes, Oblations, Obventions, and other Eccle&s;ia&s;tical duties (which of right are due and payable) from henceforth to their re&s;pective Roman catholick Prie&s;ts, Pa&s;tors, Curates, and Vicars, and to no other per&s;on or per&s;ons of what Religion or per&s;wa&s;i|on &s;oever, Impropriate Tythes excepted, any Law or Cu&s;tome to the contrary notwith&s;tanding.<NOTE PLACE="marg">That the Clergy may bring Actions for their tyths</NOTE></P>
<P>Provided always, and it is hereby further Enacted, that all, and every per&s;on and per&s;ons of the &s;aid Roman Ca|tholick Clergy, who &s;hall be Intituled to any Tythes or Payments in lieu of Tythes by virtue of this Act, or o|therwi&s;e, and their Proctors, and Farmers, &s;hall and may &s;ue for the &s;ame, or the value thereof, by Writ, Bill, Pe|tition, or Action of Debt, or &s;uch other Action, for &s;ub&s;tra|ction,<NOTE PLACE="marg">Incapaci|ties taken off</NOTE> or not &s;etting forth the &s;aid Tythes, in any of your Maje&s;ties Courts within this Kingdom, as he or they might have done, for detaining, or not paying of any Tem|poral Duty: And &s;hall and may recover their co&s;ts in &s;uch Suits. And all Incapacities heretofore devi&s;ed by any Temporal Law, for di&s;abling any of the &s;aid Roman Ca|tholick Clergy from Enjoying any Benefices or Tythes, or making any Collations or Benefices to them Confer|red void, are hereby Di&s;charged, and made void, to all In|tents and purpo&s;es what&s;oever.</P>
</DIV2>
<DIV2 N="14" TYPE="chapter">
<PB N="49" REF="25">
<HEAD>CAP. 14. An Act for Regulating Tythes and other Eccle&s;ia&s;tical Duties in the Province of <HI>&V;l&s;ter.</HI></HEAD>
<P>VVHereas heretofore upon the Plantation of the Province of <HI>Ul&s;ter,</HI> and when there were but few Inhabitants, &s;mall Tillage and Incon&s;iderable Stocks of Cattel in the &s;aid Province, there were by Act or Acts of State or Council or &s;ome other Temporal Act or Ordinance, greater Tythes or Payments in lieu of Tythes and other Eccle&s;ia&s;tical duties and mortuaries impo&s;ed upon and made payable by the Inhabitants of the &s;aid Prov<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">nce then were Impo&s;ed upon or payable by the Inhabitants of other parts of this Kingdom adjacent thereunto for &s;upport and maintenance of mini&s;ters, cu|rats or incumbents and more particularly the Inhabi|tants of the &s;aid Province were to pay in lieu of Tythes, nine pence for every M<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">lch cow and calf,<NOTE PLACE="marg">The exce&s;s of the tyths in Ul&s;ter.</NOTE> and for the year|ly increa&s;e of milk, butter, and chee&s;e of &s;uch cow, and four pence half penny for every colpagh and &s;trapper, commonly called gawnagh or cow that giveth milk, the &s;econd year, and for the yearly increa&s;e of milk, butter, and chee&s;e of &s;uch cow, and &s;ixpence for every Foale, and where the clear goods of the defunct, all debts being paid did amount to &s;o much as that the widdow and every one of the Orphants have had a cow, or the value thereof in other goods, which cow was generaly to be appraized at fifteen &s;hillings, then if there was a cow or the value left the Mini&s;ter was to have fifteen &s;hillings for a mortuary, and although the goods of the defunct &s;hould not amount to &s;o much as would &s;ati&s;fie the debts, and give the wid|dow and Orphants the afore&s;aid Portion, then the Mini|&s;ter was to have out of every Cow, or the value thereof, nine pence; And whereas the &s;aid Province is &s;in<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ecome well Planted and Inhabited, in &s;o much that there is great plenty of Corn and Cattel therein, and the &s;aid for|mer Impo&s;ition of Tyths, <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ayments, and Eccle&s;ia&s;tical duties is become very burthen&s;om and oppre&s;&s;ive to the Inhabitants of the &s;aid Province, and the &s;ame being on|ly a Temporary provi&s;ion for the Incumbent untill bet|ter provi&s;ion were made for him, which is &s;ince effected by great Gleabs and increa&s;e of Corn.</P>
<PB N="50" REF="26">
<P>And whereas when Land was kept for pa&s;ture, or lay wa&s;te or unwelded,<NOTE PLACE="marg">Tythes ex|act<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> out of wa&s;te Land.</NOTE> the Incumbents did exact the tenth part of the yearly value of the Land, or the tenth part of the Money received for Grazing Cattel thereupon, which was a great Exaction, and very oppre&s;sive to the Inhabitants of the &s;aid Province.</P>
<P>Be it therefore Enacted by the King's Mo&s;t Excellent Maje&s;ty,<NOTE PLACE="marg">The for|mer man|ner of Ty|thing re|pealed.</NOTE> by and with the advice and con&s;ent of the Lords Spiritual and Temporal, and Commons in this pre&s;ent Parliament a&s;&s;embled, and by the Authority of the &s;ame, That the &s;aid Act of State, or Act of Council, and every other Act and Ordinance, as to &s;o much thereof as ex|tends to the &s;etting forth the Tythes, or to the &s;aid re&s;pe|ctive payments in lieu of Tythes, Eccle&s;ia&s;tical Duties and Mortuaries herein before particularly expre&s;&s;ed, be, and are hereby ab&s;olutely Repealed, and made Void.</P>
<P>And be it further Enacted by the Authority afore&s;aid, that the re&s;pective Inhabitants of the &s;aid Province &s;hall from henceforth be liable to pay yearly one penny half|penny in lieu of Tythes for every Milch-Cow and Calf,<NOTE PLACE="marg">New man|ner of Ty|thing e&s;ta|bli&s;hed.</NOTE> and for the increa&s;e of Milk, Butter and Chee&s;e thereof, and no more, and for every Mare and Fole one penny and no more; and for every Burial there &s;hall be paid to the Mini&s;ter, or other Incumbent, one &s;hilling and no more, and to the Clerk and Sexton &s;ix pence and no more; but for the Calpagh and Strapper, commonly called Gaw|nagh, or Cow, which gives milk the &s;econd year, nothing &s;hall be paid.</P>
<P>And be it further Enacted by the Authority afore&s;aid, that the &s;aid exaction of the tenth part of the yearly value of the Land, or the tenth part of the Money received for Grazing Cattel thereupon be ab&s;olutely Aboli&s;hed, Re|pealed, and made void; and that in lieu thereof, &s;uch per|&s;ons who have no Tillage within the Pari&s;h, but keep and fatten Cattel for &s;ale, if the greate&s;t part of &s;uch Cattel be not Milch, then the owners of &s;uch Cattel ha|ving no Tillage within the &s;ame Pari&s;h, &s;hall after the &s;ale of every Bullock or Cow &s;o fattened, and not being a Milch-Cow, pay one penny and no more, and for each Milch-cow, &s;uch Tythe as before is &s;et forth; but where the greate&s;t part of &s;uch cattel are Milch, then &s;uch per|&s;on and per&s;ons &s;hall pay as before for &s;uch milch-cattel is &s;et forth, and for the other cattel nothing &s;hall be paid.</P>
<P>And be it further Enacted by the Authority afore&s;aid,
<PB N="51" REF="26"> That who&s;oever &s;hall &s;ue,<NOTE PLACE="marg">Penalty for offending this Act.</NOTE> mole&s;t or trouble any of the Inhabitants of the &s;aid Province for any greater, or other Tythes, Duties or Mortuaries, or payment in lieu of Tythes, Duties or Mortuaries for, or in re&s;pect of any of the matters or things herein before particularly mentioned and expre&s;&s;ed, &s;hall forfeit, and pay double co&s;ts and damages to the per&s;on or per&s;ons who &s;hall be grie|ved, mole&s;ted or oppre&s;&s;ed thereby. But as to all other Tythes or payments in lieu of Tythes, and other Eccle|&s;ia&s;tical Duties u&s;ually paid, or &s;et forth within the &s;aid Province, and not herein particularly mentioned to be al|tered, changed, or repealed, the &s;ame &s;hall be and remain in the &s;ame plight and condition, and no other then as they would have been if this Act had never been made.</P>
</DIV2>
<DIV2 N="15" TYPE="chapter">
<HEAD>CAP. 15. An Act concerning Appropriate Tythes, and other Duties Payable to Eccle&s;ia&s;tical Dignitaries.</HEAD>
<P>WHereas by an Act pa&s;t in this pre&s;ent Se&s;sion of Parliament, Entituled,<NOTE PLACE="marg">Recital of a former Act.</NOTE> <HI>An Act concerning Tythes and other Eccle&s;ia&s;tical Duties;</HI> It is among&s;t other things Enacted, that the Roman Catholick Subjects of this Kingdom &s;hall and may for ever pay their re&s;pective Tythes (Impropriate Tythes excepted) and their re&s;pe|ctive Oblations, Obventions, and other their Eccle&s;ia&s;ti|cal Dues and Duties to their re&s;pective Roman Catholick Prie&s;ts, Pa&s;tors, Curates and Vicars, to whom al&s;o re|medy is given by the &s;aid Act for recovering the &s;ame. And whereas within this Kingdom there are &s;everal Appropriate Tythes formerly belonging to Archbi&s;hops, Bi&s;hops, Deanes Deanes and Chapters, Collegiate Churches, Archdeacons, Prebends, and other Eccle&s;ia&s;tical Dignitaries.</P>
<P>And whereas a doubt did ari&s;e whether the Roman Catholicks, who are to pay &s;uch Appropriate Tythes,<NOTE PLACE="marg">Doubts a|ri&s;e on the former Act</NOTE> are by the &s;aid Act to pay the &s;ame to their re&s;pective Roman Catholick Prie&s;ts, Pa&s;tors, Curates and Vicars, who are Incumbents within the re&s;pective Pari&s;hes where &s;uch Appropriate Tythes are due, or to the re&s;pective Ro|man Catholick Dignitaries within &s;uch Pari&s;hes or pla|ces where &s;uch Tythes are payable.</P>
<PB N="52" REF="27">
<P>Be it declared and Enacted, And it is hereby declared and Enacted by the Kings mo&s;t Excellent Maje&s;ty, by the advice and con&s;ent of the Lords Spiritual and Temporal and Commons in this pre&s;ent Parliament a&s;&s;embled and by Authority of the &s;ame,<NOTE PLACE="marg">Re&s;olution of doub<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">.</NOTE> That the Roman Catholicks of this Kingdom, who are to pay any &s;uch appropriate Tythes, &s;hall from time to time, and at all times hereaf|ter for ever pay the &s;ame to the re&s;pective Roman Catho|lick Arch-bi&s;hops Bi&s;hops Deans,<NOTE PLACE="marg">who &s;hall have the appropri|ate Tyths.</NOTE> Deans and Chapters, Collegiate Churches Arch-deacons, Prebends or other Ro|man Catholick Dignitaries that are or &s;hall be Roman Catholick Dignitaries within the Pari&s;hes or Places where &s;uch Tythes are or &s;hall be Payable in &s;uch manner as the &s;ame w<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">re formerly paid, &s;ince the Reformation to the re&s;pective Prote&s;tant Arch-bi&s;hops,<NOTE PLACE="marg">Tempo|ra<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> remedy as by the former act</NOTE> Bi&s;hops, Deans, Deans and Chapters Collegiate Churches, Arch-deacons, Pre|bends, or other Eccle&s;ia&s;tical Prote&s;tant Dignitaries of &s;uch Pari&s;hes or Places, and that the &s;aid re&s;pective Ro|man Chatholick Arch-bi&s;hops, Bi&s;hops, Deans, Deanes, and Chapters, Collegiate Churches, Arch-deacons, Pre|bends, and other Roman Catholick Dignitaries, &s;hall have the &s;ame, or the like remedy for the Re&s;pective Reco|very of &s;uch appropriate Tythes, as the &s;aid Re&s;pective Roman Catholick Prie&s;ts, Pa&s;tors, Curats and Viccars, have; or &s;hall have for the Recovery of the Tythes paya|ble to them Re&s;pectively by vertue of the &s;aid former Act, any thing in the &s;aid former Act, to the Contrary not|with&s;tanding.<NOTE PLACE="marg">doubt as to what per&s;on &s;hall be deemed within the Act.</NOTE></P>
<P>And whereas it may be a doubt who &s;hall be deemed, taken or reputed to be Roman Catholick Arch-bi&s;hops, Bi&s;hops, Deanes, Arch-deacons, or other Roman Catho|lick Dignitaries Prie&s;ts, Pa&s;tors, Curates, and Vicars, within the meaning of this, or the &s;aid former Act.<NOTE PLACE="marg">Re&s;olution of that doubt.</NOTE></P>
<P>Be it hereby Enacted by the Authority afore&s;aid, that &s;uch Roman Catholick Arch-bi&s;hops, Bi&s;hops, and Deans,<NOTE PLACE="marg">Dignitaries mu&s;t have C<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">tificat under pri|vy &s;ignet.</NOTE> now in being as his Maje&s;ty by any In&s;trument under his Privy &s;ignet and &s;igne manual, &s;hall &s;ignifie to be Roman Catholick Arch-bi&s;hops, or Bi&s;hops, of any Di|oce&s;s, or Deans of &s;uch Places or Churches within this Realm,<NOTE PLACE="marg">Arch-bi|&s;hops and Bi&s;hops to be by the nominati|on or pre|&s;entation of the king.</NOTE> &s;hall be reputed taken and deemed, the re&s;pective Roman Catholick Arch-bi&s;hops and Bi&s;hops of &s;uch Dioce&s;s and Deanes of &s;uch Places within this Realm, and that &s;uch per&s;on and per&s;ons as hereafter &s;hall be Ro|man Catholick Arch-bi&s;hops, or Bi&s;hops, of any Dioce&s;s
<PB N="53" REF="27"> within this Kingdom or Deane of any Place or Church &s;hall be &s;uch, and no other as &s;hall be re&s;pectively ordained Arch-bi&s;hops or Bi&s;hops, of &s;uch Dioce&s;s, or Deanes of &s;uch places or Churches by the nomination or pre&s;entati|on of his Maje&s;ty his Heirs and Succe&s;&s;ors, and that &s;uch shall be deemed Roman Catholick Arch-deacons Prebends, or other Roman Catholick Dignitaries,<NOTE PLACE="marg">other dig|nitaries Prie&s;ts and Pa&s;tors how to be admitted</NOTE> and &s;uch shall be deemed Roman Catholick Prie&s;ts, Pa&s;tors, Curates, and Vicars as have been or shall be allowed and approved of by the Roman Catholick Arch-bishops of the Dioces&s; where he or they did or &s;hall officiate, or by the Roman Catholick Bi&s;hops of the Dioce&s;s, where he or they did or &s;hall Officiate, or where he or they Re|&s;pectively &s;hall be approved off, or allowed by the Roman Catholick Metropolitan of the Province where &s;uch Dioce&s;s doth lye, in ca&s;e there was, or there is, or there &s;hall be no Catholick Bi&s;hop, in being of &s;uch Dioce&s;s at the time of &s;uch allowance or approbation.</P>
<P>And be it further Enacted that the Kings Maje&s;ty his Heires and Succe&s;&s;ors,<NOTE PLACE="marg">The King and all o|ther pa|trons &s;hall have their pre&s;entati|ons.</NOTE> and all &s;uch as are or &s;hall be Ro|man Catholick Arch-bi&s;hops, Bi&s;hops, or other Roman Cath<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">lick Dignitaries within this Kingdom, and their Succe&s;&s;ors, and all Roman catholick Lords, Knights, Gentlemen or others, and their Heires and A&s;&s;ignes re|&s;pectively who have or shall have any advow&s;on, Collati|on or Right of Pre&s;entation, Nomination, or collation to any benefice within this Realm &s;hall for ever hereafter up|on vacancie of any &s;uch benefice have full power and au|thority to pre&s;ent or collate a fit per&s;on to be the Roman catholick Dignitary, curate, vicar or pa&s;tor, of &s;uch be|nefice in &s;uch manner and form as they re&s;pectively or any of their Predece&s;&s;ors or Ance&s;tors did or could have Law|fully don.</P>
<P>And be it further Enacted that &s;o much of any Sta|tutes as tends to di&s;able or Incapacitate any of the &s;aid Roman catholick Arch-bi&s;hops, Bi&s;hops, Deanes,<NOTE PLACE="marg">all Incapa|cities <HI>&amp;c.</HI> taken of.</NOTE> Dea|cons, Arch-deacons Prebends or any other Roman Catho|lick dignitaries, Prie&s;ts, Pa&s;tors or Vicars of the Roman Catholick Church, from Receiving, Having, Holding, or Enjoying any of the &s;aid Eccle&s;ia&s;tical dignities or Li|vings in manner afor&s;aid, be and is hereby Repealed and made Void.</P>
</DIV2>
<DIV2 N="16" TYPE="chapter">
<PB N="54" REF="28">
<HEAD>CAP. 16. An Act for Repealing the Act for Real Union and Divi&s;i|on of Parishes, and concerning Churches, Free-&s;chooles, and Exchanges.</HEAD>
<P>VVHereas by a Statute made in this Kingdom in the Reign of his la<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e Maje&s;ty King <HI>Charles</HI> the &s;econd of Ble&s;&s;ed Memory, Entituled an Act for the Re|al Vnion, and Divi&s;ion of Pari&s;hes, and concerning Churches, Free &s;chooles, and Exchanges; there were cer|t<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">n Rules Orders and Methods devi&s;ed whereby to V|n<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">te Pari&s;hes, and to divide them, and to make Exchan|ges of the premi&s;&s;es or any part thereof, and to remove Churches from one place to another, and to remove Free &s;chooles from one Town to another, and to divide the po&s;&s;e&s;&s;ion of any one of the &s;aid Schooles into two or more and to Exchange whole Gleabes, or any part of them proportionably, with Bi&s;hops Lands of the like value or with &s;o much Temporal Land, and to di&s;appropriate be|nefices, and to unite a pre&s;entative Church, having Actual cure of Souls to a dignity without cure and to di&s;appro|priate any Re<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">tories belonging to any Cathedral Church, and to divide patronages by turns betwixt the Pa|trons, as by the &s;aid Statute may more at large appear.</P>
<P><NOTE PLACE="marg">The mi&s;|chief of the former Act</NOTE>And whereas by vertue, or under colour of the &s;aid Act, divers Pari&s;hes whereof each Pari&s;h in times pa&s;t was &s;ufficient to maintain a Prie&s;t, have been united and con&s;olidated together, and by &s;uch meanes divers Mini|&s;ters in divers parts of this Kingdom, have had and yet have to each of them, four o<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> five or more Pari&s;hes for the mainten<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">nce of them&s;elves Re&s;pectively, and of their wifes and Families, whereby the good whol&s;ome Laws of this Kingdom again&s;t plurality of Benefices have been evad|ed. And whereas by divi&s;ion of Pari&s;hes and Livings, and by Exchanges, and other alterations made and done by vertue of the &s;aid Act, much confu&s;ion and inconvenience hath been Introduced, which for the future are unfit to be continued.</P>
<P><NOTE PLACE="marg">The former Act repeal|ed.</NOTE>Be it therefore Enacted by the Kings mo&s;t Excellent Maje&s;ty, by and with the advice and con&s;ent of the Lords Spiritual and Temporal, and Commons in this pre&s;ent Parliament a&s;&s;embled, and by authority of the &s;ame, That the &s;aid Statute, and all and every Vnion, Divi&s;ion, Ex|change,
<PB N="55" REF="28"> alteration and other matter executed, made or done, pur&s;uant thereunto, or under colour thereof, be and are hereby Repealed and made void.<NOTE PLACE="marg">Provi&s;ion for Le&s;&s;ees</NOTE></P>
<P>Provided always and it is hereby Enacted that all Le&s;&s;ees who came into any Lands, Tenements, or Here|ditaments by vertue of any Lea&s;e or Lea&s;es made by any Incumbents under the &s;aid Act, &s;hall &s;tand good and ef|fectual, but the Rent and Rever&s;ion thereof, to goe and Rema<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n to &s;uch per&s;ons to whom the &s;ame ought to be|long by the Repeal of the &s;aid Act.</P>
<P>And be it further Enacted that any Patron or Patrons to whom any Advow&s;on or Patronage would have come o<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> belonged in ca&s;e the &s;aid Act, were not made,<NOTE PLACE="marg">Patrons re|lieved a|gain&s;t Lapps</NOTE> and who&s;e Rights were barred, di&s;turbed or di&s;continued thereby, &s;hall not be any way barred or prejudiced, by rea&s;on of a|ny Lapps or Latches &s;uffered or &s;uppo&s;ed to be &s;uffered, &s;ince the pa&s;&s;ing of the &s;aid Act, nor &s;hall be deemed to be turned out of Po&s;&s;e&s;&s;ion by rea&s;on of any pre&s;entation Admi&s;&s;ion, In&s;titution, or Induction made Executed or done by rea&s;on of the &s;aid Act.</P>
</DIV2>
<DIV2 N="17" TYPE="chapter">
<HEAD>CAP. 17. An Act for the Relief and Relea&s;e of <HI>poore</HI> di&s;tre&s;&s;ed pri&s;o|ners for <HI>Debt.</HI></HEAD>
<P>FOrasmuch as very many per&s;ons now detayned in Per&s;on, are mi&s;erably Impoveri&s;hed, either by rea|&s;on of the pre&s;ent unhappy times, their own mi&s;fortunes or otherwi&s;e &s;o that they are totally di&s;abled to give any &s;ati&s;faction to their Creditors, and &s;o becom without ad|vantage to any, a charge and burthen to the Kingdom, and by Noi&s;omne&s;s In&s;eperably Incident to extream Poverty, may becom the Occa&s;ion of Pe&s;tilence or Con|tagious di&s;ea&s;es, to the great prejudice of the King|dom.</P>
<P>Be it therefore Enacted by the Kings mo&s;t Excellent Maje&s;ty,<NOTE PLACE="marg">per&s;ons in Pri&s;on 17th <HI>June</HI> 1689. for debt or damages</NOTE> by and with the Con&s;ent and Advice of the Lords Spiritual and Temporal, and the Commons in this pre&s;ent Parliament A&s;&s;embled, and by the Authori|ty of the &s;ame that all per&s;ons being in pri&s;on upon the 17th day of <HI>June</HI> 1689. for debt or damages, or for, or up|on any Action or Actions, or upon any mean proce&s;s for debt account or tre&s;pa&s;s upon the ca&s;e, which Actions
<PB N="56" REF="29"> by pro&s;ecution of Law, may be Iudgments for debt or damages, or who have Iudgments entred upon Record again&s;t them, or are charged in Execution or Impri&s;oned upon Attachment for debt, or upon Outlawries before or after Iudgment for debts or upon any other Proce&s;s what&s;oever, I&s;&s;uing out of any Court of Law or Equi|ty for the cau&s;e of Debt, or Damages, or Co&s;ts only, who &s;hall take the Oath in this pre&s;ent Act mentioned, &s;hall and may be relea&s;ed and di&s;charged from their Impri|&s;onment in &s;uch manner as by this Act is directed.</P>
<P>And all Iu&s;tices of the Peace, within their &s;everal Counties and Divi&s;ions in the Kingdom of <HI>Ireland,</HI><NOTE PLACE="marg">How Ju&s;ti|c<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s of peace &s;hall di&s;|charge pri|&s;oners</NOTE> are hereby authorized and impowered, to put in Execution all &s;uch power, directions, and authority, for the full relea&s;e and di&s;charge of &s;uch per&s;ons as are in pri&s;on on the &s;aid 17th day of <HI>June</HI> as afore&s;aid, and that by Warrant un|der his Hand and Seal to require the &s;herriff, Goaler, or Keeper of any Pri&s;on within his re&s;pective Iuri&s;diction, to bring without delay, the body of any per&s;on being in pri&s;on for debt on the &s;aid 17th day of <HI>June</HI> as afore&s;aid, or damages, or for the rea&s;ons before-mentioned, and pe|titioning &s;uch Iu&s;tice (to be di&s;charged) to &s;ome conveni|ent place within the di&s;tance of one mile from the &s;aid pri|&s;on, and &s;hall certify the cau&s;e and cau&s;es of their Impri|&s;onment before the &s;ame Iu&s;tice; which Warrant every &s;uch &s;heriff, Goaler, and Keeper is hereby commanded to obey; and in ca&s;e &s;uch pri&s;oners comming before &s;uch Iu&s;tice &s;hall take an Oath to this Effect.</P>
<P><HI>Viz. I. A. B.</HI> do upon my corporal Oath &s;olemnly pro|fe&s;s and declare before Almighty God that I have not any E&s;tate real or per&s;onal in po&s;&s;e&s;&s;ion,<NOTE PLACE="marg">Oath by pri&s;oner of his po|verty.</NOTE> rever&s;ion, or re|mainder of the value of five pounds in the whole, or &s;uf|ficient to pay the debt or damages, for which I am Im|pri&s;on'd, and that I have not directly or indirectly &s;old, lea&s;ed, or otherwi&s;e conveyed di&s;po&s;ed of, or intru&s;ted all, or any part of my E&s;tate, thereby to &s;ecure the &s;ame, to receive, or expect any profit or advantage thereof, or de|fraud, or deceive any Creditor or Creditors what&s;oever to whom I &s;tand indebted.</P>
<P>Then after the taking of &s;uch Oath, the &s;aid Iu&s;tice &s;hall Remand the &s;aid pri&s;oner to Pri&s;on, and &s;hall give a Certificate thereof in writing under his Hand and Seal,<NOTE PLACE="marg">Creditor to be &s;um|moned.</NOTE> to the &s;ame pri&s;oner, to be &s;erved upon &s;uch per&s;on or per|&s;ons, his, or her Executors, or Admini&s;trators, or to be left at the place of the u&s;ual abode of &s;uch per&s;on or per|&s;ons</P>
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