Anno V. Jacobi II. Regis. CAP. 1. An Act of Recognition of the Just and Most Undoubted Rights of His MAJESTIES Imperial Crown. Most Gracious sovereign, WE Your Majesties most Dutiful and Loyal Subjects the Lords Spiritual, and Temporal, and Commons in this present Parliament Assembled, most joyfully acknowledging the trancendent mercy of Almighty God in giving your Sacred Majesty a safe and happy Arrival to this your Kingdom of Ireland, in a glorious and peaceable manner, in despite of the Conspiracies and Machinations of Execrable Traytors, and power of foreign Enemies, Rebels assisting the Prince of Orange his Invasion. cannot without Horror consider the detestable Defections and Treasons of many of our fellow Subjects, as well in this Realm, as in Your Majesties other Kingdoms; who being desperately wicked, and hardened in Impiety by unspeakable Treachery, lately assisted the Prince of Orange against the Laws of God and Man, unnaturally to invade Your Kingdom of England, and there by odious arts and devices strengthening themselves in Power and Faction, by seducing from their allegiance great numbers of your Majesties Subjects of that Kingdom: First forced your majesty to withdraw Your Sacred Person from Your Palace of White-Hall; the King in Restraint. and soon after Your Return to the great Ioy of many thousands of Your Loyal Subjects in those parts of England, put your Majesty under a guard of foreigners, compelling You to go to Rochester, where You remained in Restraint, until it pleased God of his infinite mercy to your Majesty, His escape into France and Ireland and these Kingdoms to give You a happy deliverance out of the hands of your Enemies, by escaping into France, from whence your Majesty, to the unexpressible Ioy of ●ll your Loyal Subjects, happily came into this Kingdom. And the said Prince of Orange having, by the Detestable Assistance of such Traytors and Enemies, fir●t P●otted and Contrived the ruin and Destruction of this excellent Monarchy, and of all the Rights and Libert●es of your Subjects, found it necessary, in order to t●e carrying on of his pernicious designs, by aid of the said Traytors, and foreign enemies, to throw down all the bulwarks and fences of Law, and to subvert the very being and constitutions of Parliaments; that so, at last, he and they might make their way open to the unnatural and perfidious usurpation afterward by him and them accomplished; the preten● of preserving the Pro●estant Religion. who first professing, by several deceitful Declarations, that his intent was not to deprive your Majesty of your Imperial Crown, but to preserve the Protestant Religion, and rights of your Subjects by him speciously( but mo●t falsely pretended to be subverted). under the abusive and unknown name and authority of a Convention of Lords and Commons meeting at Westminster, against the Laws of your Majesties Kingdoms, by force and fraud, and an unparalelled example of Impudence, and Injustice, they took upon them to declare your Royal Throne vacant; the throne declared vacant and( as if it were their right to dispose the same) offered your Imperial Crown to the said Prince of Orange, in such Horrid manner, and Odious circumstances, as is but too well known to the world: which execrable Fact nothing can equal, but the barbarous Murder of your Royal Father of ever blessed and glorious Memory, by a party of wretched men; from whom these late Traytors have borrowed and Revived their desperate Antimonarchie Principles And because by this abominable Action a most insupportable shane and infamy may be imputed to Millions of your Majesties Subjects no wise guilty of this Treason. We therefore your Majesties said dutiful and Loyal Subjects the Lords Spiritual and Temporal, and Commons in Parliament assembled, abominat●on against the said wicked Acts. being touched with a true sense of our duty, do hereby renounce, Abominate and Protest against that Impious fact, the late usurpation of the said Prince of Orange, and the most unparalleled Treason and Persidiousness of such of your Majesties Subjects, as have by their defections in any sort promoted the same,& all proceedings tending thereunto; And do beseech your Majesty that it may be declared, that the said horrid usurpation and all Acts tending to, and promoting of the same, are against the Law of God, Nature and Nations and have fixed an indelible Infamy on the perjured Heads of such as have been guilty thereof; all, The Traytors had formerly sworn Fidelity. or most of these Offenders having sworn that it was not lawful to take up Arms against your Majesty on any pretence whatsoever; and the said perfidious Criminals being conscious of their Guilt, and breach of Faith to God, and their Natural sovereign, after they had manifestly violated the before recited Oath, and also broken the Oaths of Allegiance and Supremacy, they abrogated their former Oaths, and devised new Oaths to the Usurper. have by their own usurped Authority, taken upon them to Abrogate the said Oaths, and invented new and impious Assurances of Fidelity to the usurper. We therefore your Majesties most Loyal, and most Dutiful Subjects aforesaid, out of our bound Duty to God, and your Majesty; and for the vindication of ourselves from any Crime that may be imputed to us by reason of the said treasonable Transactions, and the several Rebellions in this Kingdom formed by domestic Traytors in consequence of the same; and that the world may know the care and duty which oblige us to manifest your Majesties most undoubted Right to your Imperial Crown, and that the same may be transmitted to our posterities, do hereby aclowledge with one full voice of Tongue and Heart, Recognition of the Right of the Crown that your Majesty is our lawful and undoubted Liege, sovereign Lord and King: And as we cannot make this Recognition too often, or enough; so can there be no way or means so fit as at this time both to sacrifice our unfeigned Thanks to Almighty God for blessing us with a sovereign adorned with the rarest Gifts of Mind and Body, and upon the knees of our Hearts to aclowledge our most constant Faith, Obedience and Loyalty to your Majesty, and next after your Majesty, to his Royal Highness, the Prince of Wales, your most undoubted Son and Heir apparent, our second hope, joy of our Hearts, and Breath of our Nostrils, and your Royal Progeny, in this your High Court of Parliament, where the whole Body of the Realm, and every particular Member thereof, either in person, or by representation, upon their own free Elections, are by the Laws of this Realm deemed to be present, do from the bottom of our Hearts yield to the Divine Majesty all humble Thanks and Praises for your Majesties most Gracious, just and Merciful reign over us; and in most humble and lowly manner, do beseech your Most Excellent Majesty, that as a further memorial to all Posterities for ever, to remain amongst the Records of your High Court of Parliament, of our Abhorrence of the before-mentioned inhuman usurpation and Treason, and of our Loyalty, Gratitude, Obedience, hearty and humble affection to your Majesty; following herein authentic Presidents of many former good Parliaments; It may be published and declared in this High C●urt of Pa●liament, and Enacted by Authority of the same, that We being bound thereunto by the Laws of God and Man, do recognise and aclowledge, and thereby express our unspeakable joys, that immediately upon the Dissolution and Decease of your Royal Brother King Charles the Second, of ever Blessed Memory, the Imperial Crown of this Realm, and of all other your Majesties Kingdoms and Dominions, did by Inherent Birth-Right, and Lawful and undoubted Succession, descend, and come to your Most Excellent Majesty, as being Lineally, justly and Lawfully, next and sole Heir of the Blood-●oyal of this Realm, as aforesaid: And that by the Goodness of God Almighty, and Lawful Right of Descent under one Imperial Crown, Your Majesty is of this kingdom, and of England, Scotland, and France, the most Po●ent and Mighty King; and thereunto We do most humbly submit, and oblige ourselves, our Heirs and Posterities for ever, until the last drop of our Blood be spilled. And we do hereby further declare, that your Majesties Right to your said Imperial Crown, The Kings Right is from▪ God and not from the People. is originally by Nature, and descent of Blood, from God alone, by whom Kings reign, and not from your People, nor by virtue or pretext of any Contract made with them, or any Act of your Estates on that behalf; an Assertion which we Abominate, Detest, and Condemn, as false and traitorous; taken up formerly, and since revived by the most odious Parricides that ever lived: And do hereby further publish and declare, that by the undoubted Fundamental Laws of this Kingdom, and of England, neither the Peers of this Realm, nor the Commons, nor both together in Parliament, nor out of Parliament, nor the People collectively, or representatively, nor any other persons whatsoever ever had, have, or ought to have any Coercive Power over the Persons of the Kings of this Realm; and that our Allegiance to your Majesty, our Natural Liege, Lord and sovereign, is Indissoluble, and cannot be renounced by us, or our Posterities; which Allegiance of us your Subjects is due to your Majesty in your natural Person, from which the Royal Power cannot be separated. And We do further recognise and Declare, That within all Your Majesties Realms and Dominions, The King alone has the Government of the Army and Militia, &c. the Sole and Supreme Power, Government, Command and Disposition 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 England, ever was the undoubted Right of your Majesty, and your Royal Predecessors, Kings and Queens of these Realms. And that both, or either of the Houses of Parliament, or the People Collectively, or representatively, or a Convention or Assembly of Lords Spiritual, Temporal, and Commons, or any of them, on any account whatsoever, cannot, nor ought to pretend to the same, nor can or lawfully may raise or levy any War Offensive or Defensive against your Majesty, your Heirs and lawful Successors. And for the further abhorring and condemning of such wicked Rebellious Principles that have been distilled into the minds of the people of these your Majesties Kingdoms, Subjects not to be deprived of the King's Protection, nor the King of their service. and to prevent for the future( as much as it is possible) the contagious venom of such detestable Opinions and Sentiments: We do hereby further recognise, Publish and Declare, that as it is against the Law of Nature to hinder or deprive your Majesties Subjects of your Royal Protection; so it is directly against the same Law, and the Laws and Statutes of this Realm thereon grounded, to hinder or deprive your Majesty from the service of your Subjects in Peace or War,( being inseparably annexed to, and inherent in your Royal Person) of what persuasion in Religion soever they be, when your Majesty shall have occasion to use the same, whereof your Majesty is the only judge; and that it is utterly unlawful for your Majesties Subjects of this, None to resist the King. or any of your Kingdoms, on any pretence whatsoever, actually to resist your Majesty, or our Lawful, Hereditary King for the time being, by Violence, or force of Arms; or to withdraw their Allegiance from your Majesty, your Heirs and Lawful Successors; God is the Judge of misusing Authority: but that the Decision in all Cases of a misused Authority by our Lawful, Hereditary King( if any such should happen) must be left to the sole Iudgment of God, the King of Kings, and only Ruler of Princes. All these True and Faithful Declarations of your Majesties undoubted Rights amply set forth in divers Acts of Parliament of this and precedent Ages, and known to be the fundamental Laws of these your Kingdoms, We will for ever support, and maintain against the said usurper, and his Adherents, and all other Rebels and Traytors, with the utmost hazard of our Lives and Fortunes which we most humbly beseech your Majesty to adorn with your Royal Assent, without which they cannot be either complete or perfect, nor remain to Posterity according to our humble desire, as a Memorial of your Princely and Tender Affection towards us, and of our sincere Loyalty and Duty to your Majesty. CAP. 2. An Act of Supply for His Majesty for the Support of His Army.   CAP. 3. An Act for Liberty of Conscience, And Repealing such Acts or Clauses in any Act of Parliament which are inconsistent with the same. WHereas it is found by experience, that persecuting of People upon the account of Religion, doth no way advance Christian Faith, or Piety, but on the contrary, occasions annimosities and divisions between His Majesties Subjects, and discourages strangers from living amongst them to the great hindrance of the Trade, Peace and Welfare of this Kingdom. And for that our sovereign Lord the King, hath been graciously pleased, upon several occasions, solemnly to declare his Royal Inclinations, for indulging of tender Consciences, and his constant Resolution of giving free Liberty of Conscience to all his Subjects, to that degree, that there should be no other Test, Liberty of conscience to all persons professing Christianity. or distinction amongst them, but that of Loyalty. It is therefore Enacted; and be it Enacted by the Kings Most Excellent Majesty, with the Consent and Advice of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by Authority of the same, that all and every person and persons whatsoever professing Christianity, shall have and enjoy Liberty of Conscience, and full and free Exercise of their respective Religions, Ways and forms of Worship; within this Kingdom, without any molestation, loss or penalty whatsoever. And that they and every of them may Meet, and Assemble together, with their Pastors, Teachers, Preachers, Ministers, or other instructors; to Teach, Preach, and Exercise their several Functions in such Churches, Chapels, private Houses, or other places, as they shall have for that purpose, as to them, and to every of them, in their several ways shall seem best and fitting, so as nothing be taught, preached, or done contrary to their Allegiance, or contrary to his Majesties peace, All Religious Assemblies to be open with freedom of access to all his Crown, and Dignity: And that the said Meetings and Assemblies be always in some open or public place or places, unto which all persons may have an open, free, and uninterrupted access, and passage; any Act, Statute, Constitution or Ordinance to the Contrary notwithstanding. And be it further Enacted, by the Authority aforesaid, The Writ De Heretico Comburendo all other penalties, &c. annulled. that the Writ De Heretico Comburendo; and so much of any Statute, Act, Ordinance, Constitution, or Law, as Directs, Authorizes or Warrants the Issuing, or Execution of the said Writ, or which inflicts any other Penalty, or Imprisonment, or Forfeiture of Lands, Goods, and Chattels, or the Burning of Pereticks, for or an account of Heresy be, and are hereby Annulled, Repealed, and made voided. And be it further Enacted, by the Authority aforesaid; None obliged to take the Oath of Supremacy, nor that of Allegiance, 3 Jac. cap. 4. that no person or persons shall be hereafter obliged to take the Oath, commonly called the Oath of Supremacy, nor the new Oath of Allegiance, made or prescribed by a Statute made in the third year of King JAMES the First His Reign, Chapter the Fourth. And that so 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 said Oaths, or either of them, by any person or persons shall be, and are hereby Repealed, and made voided; and all Penalties, Forfeitures, and Incapacities; incurred, or to be incurred; for not tendering; or for refusing, or not taking the said Oaths; or either of them, are hereby Discharged and Released. And be it further Enacted, by the Authority aforesaid, Repeal of a Clause in the Stat. 14& 25 Car. 2 that the Clause in these words following, ( viz.) Other then persons of the Communion of the Church of England, inserted in an Act entitled, An Act for taking away the Court of Wards, and Liveries, and tenors in Capite, and by Knights Service, made in the Fourteenth and Fifteenth Years of Charles the Second, be, and is hereby Repealed, and made voided; and also the Power by the said Act Granted to the Lord Chancellor of Ireland, for the time being, and others for the disposing the Custody and Tuition of Heirs under the age of one and twenty years; of persons dying, not being of the Communion of the Church of England; and for taking recognisances, be, and is hereby Repealed, and made voided. And it is hereby Enacted by the Authority aforesaid, that all the residue of the same Act shall be of the same force and effect; and that all his Majesties Subjects shall have the full benefit thereof as if no part of the said Act had been Repealed, or no Clause of Restraint or Exception had been in the said Act inserted. And also all other Clauses in all and every Acts of Parliament; General Repeal of all Clauses, &c. in any Act that may hinder Liberty of Conscience and all Customs, Laws, and Ordinances whatsoever, which are inconsistent with, or repugnant unto this present Act, and the Liberty of Conscience, and free Exercise of Religion hereby intended to be given unto all persons professing Christianity, shall be, and are hereby Repealed, Annulled, and made voided. CAP. 2. An Act for Repealing the Acts of Settlement, and Explanation, Resolution of the Doubts, and all Grants, Patents and Certificates pursuant to them, or any of them. WHereas the Roman catholic Subjects of this Kingdom have for several years, to the apparent hazard of their Lives and Estates, The Preamble of the Act. under the Royal Authority defended this Kingdom, until at last they were overpowered by the usurper Oliver cronwell, in which Quarrel many of them lost their lives, and divers of them( rather than to take any conditions from the said usurper) did transport themselves into foreign parts, where they faithfully served under his late Majesty, and his present Majesty, until his late Majesty was restored to his Crown. And whereas the said usurper hath seized and sequestered all the Lands, Tenements and Hereditaments of the said Roman catholics within this Kingdom, upon the account of their Religion and Loyalty, and disposed of the same among his Officers, Souldiers, and other his Adherents; and though his Majesties said Roman catholic Subjects, not only upon the account of the Peace made by his late Majesty in the year 1648. but also for their eminent Loyalty, and firm adherence to the Royal Cause, might have justly expected to partake of his late Majesties Favour and Bounty upon his happy Restoration, which was then extended even to many notorious Rebels in other his Countreys and Dominions, which would make amends for the oppression and injustice they lay under for many years in the time of the said usurper. Yet such were the contrivances set on foot to destroy his Majesty and catholic Subjects of this Realm, that two Acts of Parliament passed here, the one entitled, An Act for the better execution of his Majesties Gracious Declaration for the Settlement of his Kingdom of Ireland, and satisfaction of the several Interests of Adventurers, Souldiers, and other his Subjects there. The other Act entitled, For the explaining of some Doubts arising upon an Act entitled, An Act for the better Execution of his Majesties Gracious Declaration for the Settlement of his Kingdom of Ireland, and satisfaction of the several interests of Adventurers, Souldiers, and other his Subjects there; and for making some alterations of, and additions unto the said Act, for the more speedy and effectual settlement of the said Kingdom, by which many of the said catholic Subjects were ousted of their ancient Inheritances, without being so much as heard, and the same were distributed among Cromwell's Souldiers, and othets, who in justice could not have the least pretension to the same, contrary to the said Peace made in the year 1648, and contrary to Iustice, and natural Equity. And whereas it is now high time to put an end to the unspeakable sufferings of the Roman catholic Natives of this Realm( who have eminently manifested their Loyalty to His Majesty against the usurper the Prince of Orange) and to remove the unparallelled Grievances brought upon them, under colour of the said two Statutes; which cannot be otherwise redressed than by repealing the said Acts, and restoring the former Proprietors to their Ancient Right. The compassing whereof is much facilitated by his Majesties Royal condescension to apply towards the satisfaction and reprifals of honest Purchasers under the said Acts a great part of the Lands and Tenements forfeited to him by the late Rebellion and Treason committed by Estated persons within this Kingdom, who contrary to their Duty and Allegiance to His Majesty, have traitorously joined with the Prince of Orange. 1. Be it therefore Enacted by Your Most Excellent Majesty, with the consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority aforesaid: And it is accordingly Enacted by Authority of the same, that the said two several Acts herein before mentioned, commonly called the Acts of Settlement, and Explanation, and the Act of State, or Act of council, commonly called the Resolution of the Doubts, by the Lord Lieutenant and Council, upon the Act of Settlement, and explanation thereof, and all and every Clause, proviso, Article and Sentence in them, and every of them contained, and all and every Grant, Patent, The Act of Settlement and Explanation Repealed. and Certificate, past by virtue of, or under colour or pretence of the said Acts, and Resolutions, or of any or either of them( except what is herein after preserved, or mentioned to be preserved) be, and are hereby absolutely Repealed, Annulled, and made voided, to all intents, constructions and Purposes whatsoever, as if the same had never been made or passed notwithstanding any Misrecital of the Title of them or either of them, or of the Exact time when the said Acts or either of them were made or past. II. And be it further Enacted that all manner of persons who were any way entitled to any Lands Tenements or Hereditaments, or whose Ancestors were any way Seized, Possessed of, or entitled to any Lands Tenements or Hereditaments, in use, Possession, Reversion or Remainder, in this Kingdom of Ireland on the 22 day of October 1641, their Heirs and assigns, and every person Lawfully claiming by from or under them, and his and their Feoffeés and Trustees to and for their use or uses, or in Trust for them or any of them, and who were Barred, Excluded, Hindered or Prejudiced by the said Acts, Resolutions Grants patents and Certificates, All persons Seized the 22d of October 1641 Restored. shall and may have and take such or the like Remedy by Action or otherwise for Revesting or Recovering the same, as they or any or either of them now might, could, or ought, to have had, or taken in Case the said Acts, and Resolutions or any Grant patent or Certificate had never been had, made or past any Clause, proviso, Article, Sentence or Restriction in the said Acts, Resolutions, Grants, patents, or Certificates, and any limitation, of time, Descent, cast, Common Recovery Iudgment, or Non claim, upon any Fine or Fines, or upon any other matter or thing, where an Entry or claim could or would have Aided him or them, or any of his or their Ancestors, Feoffees or Trustees, in any way notwithstanding. III. And be it further Enacted by the Authority aforesaid, That all Attaind●rs and Outlawries, for Treason or any other Offence, and also all Treasons and other Offences whatsoever upon account or pretence of the Rebellion mentioned or expressed to have begun or arisen in this Kingdom on the 23d day of October 1641, All attainders &c upon account of the Rebellion 41. made voided. and also all Penalties, Pains, Forfeitures, bars, and Disabillities, accrued or supposed to be accrued thereby, or by any means or ways touching or relating thereunto, or any way upon account or pretence thereof, be, and are hereby made voided Released and Discharged to all Intents and Purposes whatsoever. IV. And be it further Enacted by the Authority aforesaid, that every Officer and Officers who have the Custody or Keeping of the said Attainders or Outlawries or any of them, or of any the Process, Entries and proceedings thereof and of all, or any books of Crimination and Examinations relating thereunto, shall as soon as Conveniently may be, take the same of the Files and from the Respective Offices, All Attainders &c to be taken off the File where the same do now Remain, and Cancel the same before or in the presence of all or any the Commissioners of Restitution herein mentioned and any Officer failing to do the same shall Forfeit his Office, and also the sum of 500 pound sterl. the Moiety of the said 500 pound to be to your Majesty, and the other Moiety to any person who shall sue for the same by Action of Debt, Bill, Plaint or Information in any of your Majesties Courts of Common Law, in which Action no essoing, Protection, or Wager of Law shall be allowed. V. And to the end that every person and persons, and their Heires Executors Administrators and assigns who hitherto were Barred, Hindered or Delayed from Recovering, Revesting or enjoying his or their just Rights, Titles, or Possessions by any of the matters aforesaid, may with all Convenient speed, be put into and established in his and their said Rights, Titles, and Possessions. VI. Be it further Enacted by the Authority aforesaid, that such three or more persons as by your Majesty your Heires or Successors, Three or more of the Commissiioners to hear and determine the claims of persons Restorable by Commission under the great Seal of Ireland shall be to that Purpose appointed from time to time shall be Commissioners to hear and determine the claims and Titles by English Bill of such person or persons their Heires Executors, Administrators and assigns who are or ought to be Restorable or entitled unto any Lands, Tenements, or Hereditaments, by reason of the Repealing or making voided of the said several Acts, Resolutions of Doubts, Grants, Letters, patents, Certificates or of any other matter or thing herein before mentioned to be made voided Repealed, Released, or Discharged. VII. And further that the said Commissioners or any three or more of them shall appoint certain times& places from time to time for their Sitting, the Commissioners to appoint times for Hearing claims. Hearing and Determining the Rights, Titles, and claims aforesaid, and shall Issue Summons to the Tenants, and Possessors, of the Lands Claimed before them and for witnesses and upon appearance or in default of appearance then to proceed, To ●xamin Titles upon Oath and to award Injunctions. and Examine the Right and Title of the said Claimant or Claimants upon Oath which Oath they have hereby power to Administer, and take Affidavit in court or out of Court;& thereupon shall have power to a ward Injuctions for putting into Possession such person or persons as shall appear unto them to be Restorable unto or who ought to be put into Possession of any Lands, Tenements, The Commissioners to punish Sheriffs &c. for not Executing Injunctions &c. or Hereditaments by virtue of this Act, and all Injunctions and Prohibitions to be granted to stop or delay the proceedings of the said Commissioners shall be voided and of no Effect but all Sheriffs& Coroners to whom any Injunction or Injunctions for Possession shall be directed, are hereby required and authorised at their Perils to Execute the same, and the said Commissioners are hereby authorised to Punish all Neglects and Contempts of Sheriffs, Officers or any other person or persons. VIII, And for as much as by reason of the several oppressions Distractions and Confusions herein before mentioned and of the length of time, since the said Ancient Proprietors have been dispossessed as aforesaid the Deeds, Evidences and writings of the persons Restorable by this Act, may be either lost or mislaid, so that the same may not speedily or perhaps not at all be had, in Order to make out his or their titles, before the Commissioners aforesaid, Be it therefore Enacted that the Iudgments, Decree or Sentence of the said commissioners or of any of them, shall not be Final or Definitive, The Decree of the Commissioners not Final: in case Deeds cannot be produced. but the person or persons and his or their Heires, Executors, Administrators and assigns, who is or shall be Restorable by virtue of this Act, shall and may at his own will and pleasure use and have his Action and Remedy in any of his Majesties Courts of Law or Equity, for Recovery of his or their Rights, Titles, and Possessions without Resorting to the said Commissioners, or if he be not able to make out his Title before them. IX. Provided always, and be it hereby Enacted and Declared by the Authority aforesaid, That this Act or any thing therein Contained shall not Extend nor be Deemed, or Construed to Extend, Proviso All Fines Conveyancies Releases &c. Confirmed▪ to annul or make voided any Release; Confirmation, Conveyance, Fine, Recovery or Agreement had, made, suffered, or perfected by any person or persons, or their Ancestor or Ancestors, who otherwise would have been Restorable by virtue of this Act, But that such Release, Confirmation, Conveyance, Fine, Recovery or Agreement shall be of such like force and effect as they would have been, if this Act had never been had or made. X. And be it further Enacted by the Authority aforesaid, that where any person or persons who hath been Transplanted into the Province of Connaught or County of clear, or his or their Heires, assigns, has sold or Conveyed away the Lands or Tenements, there set out unto him in lieu of his Ancient Estate and he or his Heires shall notwithstanding such sale of his Transplanted Interest be Restored to his Ancient Estate or hath Released his Right thereto, A Clause for the persons Transplanted into Connaught and County of clear &c. and the said Transplanted Interest be likewise Restored to the person or persons who was or were entitled thereto the 22d day of October 1641. or to his or their Heires or assigns that then the Ancient Estate which shall be so Enjoyed by or Restored to such person or persons who sold the said Transplanted Interest or to his or their Heires, or to any one claiming by or under him or his Ancestors or to whom he or they Released the same and likewise such other Estate as the said Transplanted person hath or had, or which came from him by descent in Fee to his Heir or Heires shall be, and is hereby made liable unto and charged with the lawful yearly Interest of the purchase money which was paid to the said old Proprietors for the said Transplanted Interest by the person or persons, who bought the same, the said yearly Interest to be paid to your Majesty your Heires and Successors after the Expiration of Twenty one dayes next after the Feasts of St. Philip and Jacob and All-saints yearly by equal portions every year until the said Original Purchase money be paid unto your Majesty your Heires and Successors in one Entire payment, and the said Purchaser of the said Transplanted Estate to be reprized in such manner as herein, after to that Purpose, is expressed and the said Purchase money to be part of the stock of rakehells And whereas by the Restitution of the Persons hereby intended to be restored to their said Ancient Estates and Proprieties which belonged to them or their Ancestors or to those under whom they claim on the 22d day of October 1641 divers persons who were Strangers to the several persons to whom some of the said Lands, Tenements and Hereditaments were distributed, came into the Possession of the said Lands, Tenements and Hereditaments, by or under the Purchases or Conveyances after the said Act of Settlement past, and before the first day of November last for good and valuable Consideration, and not in Consideration of Blood Affinity or Marriage by or from the Person or persons to whom the same have been granted or distributed, pursuant unto, or under colour of the said several Acts of Parliament, and Resolution of Doubts, or of some or one of them, and whereof Certificate or Patent hath been past since the said first Act of Settlement, and likewise such person and persons whose Ancestors, or themselves, or those under whom they claim, purchased the Estates set forth to transplanted persons in the Province of Connaught, and County of clear must be removed, and displaced from their said possessions, and pretended Estates, and leave the same to the just Owners and Proprietors, thereof, who are to be restored thereto by virtue of this Act. The said persons so to be removed, are hereby intended to be reprized for such their Purchases in manner as herein afterwards is expressed. XI. And whereas a horrid& unnatural Rebellion was lately raised, and still is contrived in this Kingdom, and in other your Majesties Dominions, by great numbers of your Majesties Subjects, and more especially by divers of the persons, and their heirs who had and enjoyed a great part of the Lands and Tenements which formerly belonged to your Majesties and your Royal Fathers and Brothers catholic Subjects, and were given out, or distributed by the late usurped Powers as a reward for the former Rebellion and Treason herein first mentioned, which said Rebels being not content therewith, but again endeavouring by the like Rebellion and Treason to draw in foreign Forces, and to continue a succession of usurpation against your Majesty, and over your most Loyal catholic Subjects of this Kingdom, in hopes thereby to gain the rest of this Land, as they had obtained a great part of it before, and totally to deprive your Royal Majesty, and your Heirs and Successors thereof, and of your Crown and Dignity. Divers of the said Rebels went into England, Scotland, Wales, Holland, and the Isles of Man, and other parts beyond the Seas, to invite and procure your most unnatural Enemy the Prince of Orange, and your Rebellious Subjects there, to sand over Forces into th●s Kingdom, whilst the rest of the said Rebels in great multitudes arrayed themselves in a rebellious manner, and seized several of your Majesties Forts, Garrisons and Magazines here for the said Prince of Orange, and your said confederate Rebels, whereby this your Majesties Kingdom was in great danger to be lost; but it pleased Almighty God, by the Courage and Conduct of his Grace Richard Duke of Tyrconnel, your Majesties Deputy in this Kingdom, with the dutiful assistance of all your Majesties most Loyal catholic Subjects here, unanimously joining with your said Deputy, to preserve the same for your Majesty, and to break and defeat the measures and machinations of a great part of the said Rebels and Traytors; forasmuch as for the Treasons and Rebellions aforesaid, the said Rebels and Traytors have justly forfeited not only their Estates, Lands and Livings, but their Lives also. XII. Be it therefore Enacted by your Most Excellent Majesty, by the advice and consent aforesaid, that all and every the Manors, Lands, Tenements and Hereditaments, use, Trust, Possession, Reversion and Remainder, Power Redemption, and all and every Estate and Interest whatsoever in Law or Equity within this Kingdom, which on the first day of August 1688. or at any time since belonged or appertained to any person or persons whatsoever, who on the said first day of August 1688. or at any time since was in Rebellion, or in Arms against your Most Sacred Majesty either in this Kingdom, or in the Kingdom of England, or Scotland, or who corresponded or kept intelligence with, or went contrary to their Allegiance to dwell, or stay amongst the said Rebels, or any of them, or who was or were any way aiding, abetting, or assisting to them, or any of them, be and are hereby forfeited unto, The Estates of all persons in Rebellion the first of August 1688 vested in his Majesty. and vested in your Majesty, and shall be deemed and adjudged to have been forfeited unto, and vested in your Majesty, as from the said first day of August 1688. without any Office or inquisition thereof found, or to be found, freed, and absolutely discharged of and from all Estates Tail, and of all remainders and Reversions, to the intent and purpose that the same may be settled, disposed, granted, and confirmed in such manner as hereafter is expressed. XIII.( That is to say) that every reprisable person& persons, Persons removed to be reprized his Heirs, Executors, and Administrators, who shall be removed from any of the Lands, Tenements and Hereditaments, which are hereby to be restored to the ancient Proprietor thereof, as herein before is expressed, shall be reprized, and have other Lands, Tenements and Hereditaments of equal value, worth and purchase, set out, and granted unto him out of the said forfeited Lands hereby vested in your Majesty for such Estate or Estates as the Lands from which he or they shall be so removed were held by him at the passing of this Act, And for the more speedy and effectual granting of the said rakehells. XIV. Be it further Enacted, that if it shall be thought fit or necessary there shall Issue Commissions under the great Seal of this Kingdom, Commission to Issue and inquire of the Lands Forfeited to such Commissioners as shall be name by the Lord Chancellor or Lord Keeper of the great Seal of Ireland within every of the Cities, Towns and Counties of this Kingdom to inquire and ascertain, what Lands, Tenements and Hereditaments, any of the Rebells aforesaid were seized, or Possessed off, or entitled unto on the said first day of Agust 1688, or at any time since, and the true and real yearly value thereof, and to make return thereof into his Majesties High Court of Chancery with all convenient speed. XV. And be it further Enacted by the Authority aforesaid, that such three or more persons as your Majesty your Heires and Successors, Commissioners to be appointed for setting out rakehells &c. by Commission under the great Seal of Ireland, shall from time to time to this purpose appoint, shall be Commissioners for setting forth alloting and distributing the said rakehells, which said Commissioners or any three or more of them are hereby, authorised and empowered, to Receive the Petitions, and claims, of such person and persons, who shall demand such rakehells in which said Petition, and claim, is to be contained, the quantity and quality, and the true yearly value of the Lands, Tenements and Hereditaments, from which such Petitioner or claimant was Removed, and the Estate, and Title he had therein, and the Quit-Rents thereout payable, and the said Commissioners, or any three or more of them are to examine the truth thereof, by witnesses upon Oath, and such other Evidences as shall be produced unto them, and upon due Examination thereof, if they find that such Petitioner or claimant, or those under whom he claimed was a Purchaser by Purchase made after passing the said first Act of Settlement, purchaser upon valuable consideration Reprized. and for good and valuable Consideration before the first of November last and not for or in consideration of Blood Affinity or Marriage from by or under the person or persons, to whom the Estate so claimed was granted or distributed and whereof Certificate or patent was past since the said first Act as aforesaid, or that the said Petitioner or claimant, or those under whom he claims was or is a Purchaser for valuable considerations of any Transplanted interest in the Province of Connaught or County of clear, then to set forth unto such Petitioner or claimant, Purchaser of a Transplanted Interest Reprizable. other Lands, Tenements and Hereditaments of equal value, worth, and purchase, and for the like Estate as the said Petitioner or claimant had in the Lands, Tenements or Hereditaments from which he was or shall be Removed as aforesaid, And the said Commissioners or any three or more of them, are hereby Required and authorised to grant their Certificates under their hands and seals to the said Petitioner and claimant expressing the Denominations, The Commissioners Certificate of the Lands given in Reprize a good Warrant to the said Chancellor &c. Quantity, Quality, and Number of Acres of the said Lands so allotted, and the Barony and County wherein the same do lie, and the Estate thereof to be granted, and the Rent thereout to be Reserved upon produceing of which Certificate, the Lord Chancellor or Lord Keeper of the great Seal of Ireland is hereby authorised and Impowred without any further Warrant to cause effectual Letters patents to be made and past to the said claimant of the Lands so certified to be allotted unto him, and under the Rents and for such Estate and Estates as in the said Certificate shall be to that purpose Expressed, A Transplanted person before Reprized to make out his purchase money. XVI. Provided always and be it further Enacted by the Authority aforesaid, that such person or persons as shall claim or Demand rakehells for any Transplanted Estate or Interest, shall before he or they have any reprisal or rakehells for the same Allotted or set out to them, make full and true Discovery and proof of the whole Original purchase money which was paid for the said Transplanted Estate by the first Purchaser thereof, to the person or persons or his Heires to whom the said Estate was Originaly set forth or allotted, by way of Transplantation. XVII. And the said Commissioners upon due Examination and proof of the said Purchase money are to certify the Quantity thereof, the Commissioners to certify the purchase money and the Estate of the Ancient Proprietor which is to stand charged with the yearly Interest thereof into your Majesties Court of Exchequer, to the end that the same may be levied as it shall grow due from time to time, until the Original Purchase money be paid in one entire payment to your Majesty your Heires and Successors, the said Principal and Interest to be paid towards rakehells as aforesaid. a penalty upon such Transplanted persons that do not m ke out their purchase money XVIII. And be it further hereby Enacted, that in case at any time hereafter, it shall be discovered that any person or persons, claiming rakehells for any such transplanted Interest, hath not discovered the full purchase Money first paid, for the said transplanted Estate, but hath concealed any part thereof, then, and in such case, the person or persons who hath so concealed any part of the said purchase Money, shall forfeit double the sum so concealed, or not discovered; the one moiety of which forfeiture shall be to your Majesty, your Heirs and Successors; and the other moiety to such person or persons as shall sue for the same, by Bill, Plaint, or Information wherein no essoin, Protection or Wager of Law shall be allowed. XIX. Provided also, and be it further Enacted, No Estate restorable to old Proprietors vested in his M●jesty that neither this Act, nor any thing therein contained shall be deemed or construed, to rest in your Majesty, your Heirs or Successors any the Lands, Tenements, Hereditaments, or Chattels Real, Right, Title, Service, Chiefry, use, Trust, Condition, Fee, Rent-Charge, Mortgage, Right of Redemption, of Mortgages, recognisance, Iudgment, Extent, Right of Action, Right of Entry, Statute, or any other Estate, of what nature or kind soever, which are hereby restorable, according to the true intent and meaning of this Act to any ancient Proprietor, or his Heirs or Assigns, and the which have been vested, or mentioned, or supposed to have been vested in your Majesties said Royal Father and Brother, or in either of them, by virtue of both, or either of the said Acts of Settlement, and Explanatory Act, or Resolutions of Doubts, or by virtue of any of the said Attainders, or Outlawries, which are herein before Repealed and made voided, or mentioned to be Repealed or made voided, but that all and every person and persons, whose Titles, or whose Ancestors Titles, were hitherto thereby barred, forfeited, or any way prejudiced or interrupted, shall and may be restored thereunto, according to their ancient Rights and Titles, as herein before to that purpose is expressed or intended. XX. Provided always, and be it further Enacted by the Authority aforesaid, No remainder expectant upon any particular Estate vested in his Majesty that nothing in this present Act contained shall any way extend, or be construed to extend, to forfeit to, or rest in his Majesty, his Heirs or Successors, any Remainder or Remainders, Reversion or Reversions for valuable consideration, limited or settled by any Settlement or Conveyance, made for such valuable consideration either of Marriage and Marriage Portion, or other valuable consideration, whatsoever, upon any Estate for life, or lives, to any person or persons, who have not, or shall not aid, abet, or assist any person or persons in the usurpation or Rebellion aforesaid; such Remainder or Remainders, discover the purchase money Reversion or Reversions as are limited by any Conveyance wherein there is any power for revoking or altering all or any use or uses therein limited, and also such Remainder and Remainders, Reversion and Reversions as are limited upon any Settlement or Conveyance of any Lands, Tenements and Hereditaments commonly called Plantation Lands, and all Lands, Tenements and Hereditaments, held or enjoyed under such Grants from the Crown, or Grants upon the Commission or Commissions of Grace, for remedy of defective Titles in the reign of King James the First, or King Charles the First; in which several Grants respectively, there are Provisoes or Covenants for raising or keeping any number of Men and Arms for the King's Majesty against Rebels and Enemies, or for raising of men for his Majesties Service for expedition of War, always excepted and fore-prized; all which emainders and Reversions, limited by such Conveyances, wherein there is a power of Revocation, for so much of the Lands, uses and Estates therein limited, as the said power doth or shall extend unto, and all such Remainders, as are derived or limited of Plantation Lands, or other Lands held as aforesaid, under such Grants made by the Crown, shall by authority of this present Parliament be deemed, construed, and adjudged voided, debarred, and discharged, to all intents and purposes whatsoever, against his Majesty, his Heirs and Successors, and his or their Grantees, or Assignees; and the said Lands, Tenements and Hereditaments belonging to such Rebels as aforesaid, shall be vested in his Majesty, his Heirs and Successors, freed and discharged of the said Remainder and Remainders, and every of them; and to the end the Reversions and Remainders saved and preserved by this Act, may appear with all convenient speed. XXI. Be it Enacted by the Authority aforesaid, that the respective persons entitled to such Remainders, Persons entitled to any remainder, to exhibit their claims in 60 days. do within sixty days next after the first sitting of the Commissioners for executing this Act, exhibit their Claims before the said Commissioners, and make out their Title to such Remainder or Remainders, so as to procure their Adjudication and Certificate for the same, or the Adjudication and Certificate of foam three or more of them; and further, that all Remainders, for which such Adjudications and Certificates shall not be procured, at or before one hundred and twenty days, after the first sitting of the said Commissioners shall be voided, and for ever barred and excluded. Any thing in this Act or other matters to the contrary in any wise notwithstanding. Nor shall this Act extend to rest in your Majesty, or bar any Remainder limited to Dudley Bagnell Esq; upon the particular Estate of Nicholas Bagnell of Newry Esq; in Newry, Bagnell's Provisoes. the Lordships and Lands of mourn, and all other manors and Lands now or lately belonging to the said Nicholas Bagnell in the Kingdom of Ireland; Provided the same be such a Remainder as was not, or is not in the power of the said Nicholas Bagnell to bar. And forasmuch as We, your Majesties most Loyal and Dutiful Subjects, always have been, and for ever intend to be more studious and industrious to secure and advance your Majesties Revenue, than to lessen or diminish the same. XXII. And whereas the Quit-Rents, or Kings Rent reserved, or now payable unto your Majesty, your Heirs and Successors, would determine by Repealing the said Acts, if some provision were not made to continue the same. XXIII. Be it Enacted by the Authority aforesaid, A Clause concerning Quit-Rents that all Lands and Tenements, which by the said Acts of Settlement, and Explanation, were charged with, or made liable to Quit-Rent▪ shall be, and hereby are charged with, and made liable to the same, or the like Quit-Rents, to be paid to your Majesty, your Heirs and Successors, as in and by the said Act of Settlement and Explanation were appointed and directed. Saving and excepting the Quit-Rents due and payable out of the Earl of Antrim's Estate, which were Granted to the late Earl of St. Albans. Saving the Earl of Antrim's Estate, and other Quit-Rents granted by Letter Patent, &c. And saving and excepting all such Lands and Tenements whereof the Quit-Rents have been by Letters Patents under the Broad Seal of England, or Ireland, Granted, or Released to the ancient Proprietor, or Proprietors thereof, or to some other person or persons in trust for them, or reduced in the hands of the ancient or new Proprietors, since the Act of Settlement, and Explanation, by reason of barren or unprofitable Ground; whether such reducement was by Patent under the Broad Seal, or Certificate, or other Order of Commissioners, having power to reduce the same, which Lands& Tenements, are for the future to be charged only with such Quit-Rents, or Crown-Rents, as are by such Letters-Patents, Certificates, and Orders, respectively reserved and specified. And further, that all Lands, which immediately before the passing of this present Act were not liable to any Quit-Rents, and shall be, by, or pursuant to this present Act, Reprisals. restored to the ancient Proprietors thereof. And likewise all Lands within this Kingdom, which being vested in your Majesty by this present Act, or by, or upon account of the present Rebellion, or of any Treason committed by any person since the first day of August last, shall be distributed, or given out for rakehells by the Commissioners for executing this Act, or otherwise Granted by your Majesty, your Heirs or Successors, to any person or persons, Bodies politic or Corporate, shall be, Bodies politic made liable to Quit-Rents. and are hereby charged with, and made liable to the same, or the like Quit-Rents to be paid to your Majesty, your Heirs and Successors, as in and by the said Act of Settlement, and Explanation, were appointed or directed to be paid out of any other Lands in the respective Provinces where such Lands do respectively lie: So that the Rent formerly reserved to the Crown on such Lands, exceed not the Rent hereby reserved; but where the Rents formerly reserved, do exceed the Rent hereby to be reserved, the said former Rents only shall be paid. XXIV. And be it further Enacted by the Authority aforesaid, All arrears of Quit-Rents reserved to his Majesty. that all Arrears of the said Quit-Rents reserved by the said former Acts, which were due to your Majesty on the first day of May 1689. shall be answered, and duly paid to your Majesty; and that your Majesty shall and may recover, and levy the same in such manner, and by all such ways and means as you might have done, if this present Act had never been made, Any thing in this Act contained to the contrary notwithstanding. XXV. And in regard the Measne Profits of the said ancient Estates which are hereby restorable, are to be discharged, as hereafter expressed. XXVI. Be it further Enacted by the Authority aforesaid, No Debts before the 23th of October, 1641. discharged, that all interest of Money for any Debt or Debts contracted before the 23th day of October 1641. and wherewith the Estate of any person restorable by this Act, may be chargeable, be, and are hereby discharged, and released, for such time as the person or persons who should have paid the said Debts, were barred, and kept out of their Estates by the said Acts, or Rebellion; but the original Debts are not to be discharged by this Act. No mesne profits but from the time of an Entry made XXVII. And be it further Enacted by the Authority aforesaid, that no person restorable by virtue of this Act, shall sue for, or Recover any measne profits of the Estate so Restorable, but only for such Mesne Profits as shall accrue or grow due after his demanding Possession or Comencing Suite for the Lands so Restorable after the passing of this Act. XXVIII. And be it further Enacted by the Authority aforesaid, that the Estate or Estates, to be set out or allotted to any person or persons, by way of rakehells, Lands set out for rakehells liable to judgement &c. by virtue of this Act, or any other Estate which he or his Heires shall have, shall be liable and Subject to all such Iudgments, Statutes and recognisances for payment of money, Rent Charges, Annuities, Mortgages, Dowers and all other Estates, uses, Trusts, Limitations, Settlements, Charges and encumbrances of the persons so reprized, or removed in such manner as the Estate from which he shall be so removed, would be liable in case he never were removed from the same: But in case any person hereby removable to make room for an old Proprietor be a Forfeiting person, or is not entitled to have rakehells then and in such case it is hereby Declared and Enacted that all and every person and persons who before the seventh day of May 1689, had any such encumbrance as before Expressed or any Iudgment at any time before the 22 day of May 1689: on the said Estate hereby Restorable to the old Proprietor shall and may have rakehells for the same out of the Common Stock of rakehells, at the rate of ten years purchase. encumbrances not to Exceed the Estate which was liable thereunto XXIX. Provided always that such encumbrances or the rakehells to be had or Allotted for the same, shall not exceed the value of the Estate which was liable thereunto, and which is restorable to the old Proprietor thereof, or to his Heires or assigns. XXX. And be it further hereby Enacted, that where any old Proprietor or his Heires, Transplanted Estates made liable for the Ancestors debts. who had or held any new Estate by Transplantation or otherwise by or under the said Acts hereby Repealed or any of them shall by virtue of this present Act be removed from the same, that then and in such case the Ancient Estate to which old Proprietors or their Heires shall be restored, and likewise all such other Estate which such Ancient Proprietor or his Heires by descent in Feé under him, shall have, shall be, and is hereby made Assets for the Ancestors Debts, and liable to make satisfaction for all such Iudgments, recognisances and Statutes for payment of money and also for all Rent Charges, Annuities, Mortgages and all other Estates, uses, Trusts, Limitations and Settlements, Charges and encumbrances of the said old Proprietor and his Heires in such manner as the said new Estate from which he or they shall be so Removed, would have been liable in Case he or they were never removed from the same Except the Leases made by such persons who are to be restored to the Lands, they or any of them were Seized or Possessed of. XXXI. And furthermore for prevention of the great Inconveniencies which may happen by the sudden removal of Lesseés Farmers or under Tenants from the Lands Tenements or Hereditaments, whereof they are now in Actual Possession, and which are hereby to be Restored to the Ancient Proprietors thereof their Heires or assigns. Leases made good XXXII. Be it further Enacted by the Authority aforesaid, that all such Leases in writing of the said Lands, Tenements and Hereditaments hereby Restorable, and which were made before the first day of May 1688. meérly in Consideration of Rents Duties or other valuable yearly Reservations. And not in consideration of any Fine or Incomb, or of Blood, or Affinity: And by virtue whereof the Lands, Tenements and Hereditaments thereby demised are at this time enjoyed and held by the present Ter-tenants and Occupiers thereof, be and are hereby made good and confirmed to the said Ter-tenents and Occupiers for and during so much of the Term or time in such Lease and Leases limited and expressed as shall not Exceéd the number of twenty one years or threé lives yet to come and unexpired and for all the Lands, The mansion house Excepted Tenements and Hereditaments thereby demised. Except that messsage or Tenement which in the year 1641; was the Mansion House of the old Proprietor or his assigns. And except also demesnes thereunto belonging, that is to say, the Town and Lands whereon the said Mansion-House then stood and the said Tenant or Lesseé and his Executors Administrators and assigns for the Lands, Tenements and Hereditaments, so by them to be held and detained by virtue of such Lease or Leases are to pay the yearly Rent and Duties thereout Reserved or their just Proportion thereof to the said Ancient Proprietor hereby Restorable and to his Heires and assigns and to give him and them Copies or Counterparts of the said Lease or Leases, The rent Reserved payable to the old Proprietors. and their own Obligations for performance thereof or otherwise to accept of a new Lease for the Lands, Tenements and Hereditaments, so to be enjoyed, and under the like Rent, Proportionably, and for such time or Term as shall be then unexpired of the said former Demise. XXXIII. And whereas in some Cases the Lease or Leases, which such Lesseé or Lesseés had, might have been very beneficial Leases for a greater Term, and Originally made in Consideration of Fines by them, given to their Lessors for the same, or in Respect of Improvments, and as it is unequitable on the one side, that such Lesseés should lose their Fines, Bargains and Improvements, without satisfaction for the same, so it is on the other side unreasonable that the Old Proprietor who hath been hitherto kept out of his Estate, and is hereby barred from the Measne Profits thereof, should be obliged to bear the loss and damage of Leases so made at an under Rent and low value. XXXIV. Be it therefore Enacted by the Authority aforesaid, that the said Lessor, A clause Concerning his Majesties Leases made when Duke of York his Heires or Assigns who is to be Reprized for the said Lands, shall out of the Lands which shall be to him granted by way of reprisal, make and perfect unto the said Lesseé, his Executors, Administrators or Assigns, a Lease of Lands of the like value, and for such Term or time of the said former Lease, as will be unexpired at the Removal of the said Lessor, and that the said new Lease shall be under the like Rents, Reservations, Covenants and Conditions as in the said former Lease were expressed, but in case the said Lessor be a Forfeiting person and not Reprizable by this Act, then the said Lesseé and Lesseés, shall be Reprized for their said Leases, out of the Common stock of rakehells according to the Methods herein before set forth, but such Leases in Possession; and not now in any Forfeiting person as were made by your Majesty of the Lands held by your Majesty under the Title of the said Acts are to stand good and effectual at the Election of the Lesseés, their Executors, Administrators and Assigns, and the Rent and Reversion thereof, Keating Lease reserved. to devolve and come to the Old Propietor thereof, and particularly one Lease bearing date the first day of April 1675. made by your Majesty unto John Keating Esq; for the Term of twenty six years to Commence from the first day of May then next ensuing the date thereof, of the Town and Lands of Blackrath in the County of Kildare, under the yearly Rent of Eighty one pounds fifteén shillings sterl. shall in like manner stand good and effectual, Notwithstanding any sale made by your Majesty unto him the said John, of the Inheritance of the said Lands, or any Merger of the said Lease, but the Reversion and Rent of the said Lands so leased is hereby to come to the Old Proprietor thereof, his Heirs and Assigns. XXXV. Provided always, and be it Enacted by the Authority aforesaid, that all and every person and persons who is or are at the time of passing this Act, Seized or Possessed of any Houses, messages, Manors, Lands, Tenements and Hereditaments within this Kingdom of Ireland, and who are by virtue of this Act, or any Clause therein contained, to be removed from the seizing or Possession thereof, or of any part thereof, shall have such Reasonable and competent time given, and allowed him or them, for the Removal of themselves, their Families and stocks, as the Commissioners for Execution of this Act, A clause for undertenants. or any threé of them, shall think fit, and appoint, not exceeding one year from the first day of May 1689, and the same to be under such competent Rent, as the said Commissioners shall think fit to be paid to the person and persons, his, and their Heirs, Executors and Administrators, who is, or are by this Act Restorable to the said Houses, messages, Manors, Lands, Tenements and Hereditaments, any thing in this Act, or any other matter or thing to the Contrary thereof, in any wise Notwithstanding. XXXVI. Provided also, and be it further Enacted by the Authority aforesaid, that all and every person and persons who sow any Corn or roots in any Lands, A clause for the Encouragement of Lessees to be Removed. Tenements and Hereditaments, whereof they or any of them, are now at the the time of the passing of this Act, Seized or Possessed, shall have, perceive, and take the full benefit and advantage thereof, and have free Liberty of Ingress, Egress and Regress for the making up and preserving, and of Carrying away and disposing of the said Corn and Roots, or any part thereof, as he or they shall think fit, he or they Paying and Allowing for the same to such person and persons as shall be Restored to the said Lands so Sown with Corn and Roots, according to the custom of the Country. XXXVII. And whereas there are divers Poor and distressed Widdows and relics whose Deceased Husbands, A clause for widdows. had they been a live, would have been Restorable by this Act, and be thereby enabled to leave some Maintenance to their said Widdows and relics, but in Regard their said deceased Husbands, by means of the several Acts, and other matters herein before Expressed and Repealed, were kept from having any seizing or Possession of the Estates, which should of Right be enjoyed by them; and for want of such seizing, the said Widows and relics are not by the Common Law of this Land entitled to any Dower, and therefore are in danger of perishing. XXXVIII. Want of seizing no Barr. Be it therefore Enacted by the Authority aforesaid, that the want of such seizing shall be no bar or prejudice to the Widows and relics aforesaid, but that every Widow and Relict, whose Husband, if living, would, or might be restorable by this Act, shall, and may have and recover such Dower, or proportion of her said Husbands Estate, as she might recover by the Common Law, if her said Husband had a seizing in dead, or in Law thereof. And the Commissioners for restitution herein before appointed, or to be appointed, are required to cause the same to be set forth, and allotted; or the said Widows and relics, may, if they think fit, use, and have their remedies at the Common Law, and if Neunque seize queen Dower, or any such Plea shall be pleaded against any of them, it shall be sufficient for every such Widow and Relict, to give in Evidence, that the Estate which her Husband should have had, and was kept out of by any of the Acts or matters hereby Repealed, was such whereof she might recover Dower, in case he were actually seized, according to the Estate to him limited; and upon proving thereof, every such Widow and Relict shall recover, as well as if her said Husband had been actually seized of the said Estate; but such Widows and relics as had or enjoyed any jointures to them limited, shall only have the benefit of such jointures. XXXIX. Provided always, and be it further Enacted by the Authority aforesaid, that all and every the Honors, The Lord Kingston's Estate vested in his Majesty. Manors, Lands, Tenements, Remainder and Remainders, whereof Robert Lord Baron of Kingston now is, or at any time heretofore has been lawfully and rightfully seized or possessed of in his Demesne, as of Fee, or Fee-tail, to, or of any other Estate of Inheritance in right of his Ancestors( that is to say) of John late Lord Baron of Kingston, or the Lady catherine● his Wife, situate, lying and being in the Counties of Cork and Roscommon, or elsewhere within this Kingdom; and which hath been settled upon, or limited to the said John Lord Baron of Kingston, by his Father, or Grandfather, Sir John, and Sir Robert King, or by any of them, or to the said John Lord Baron of Kingston, and the Lady Catharine his Wife, or to either of them, by Sir William Fenton, Kt. and Dame Margaret his Wife, or to either of them, and whereof the said Sir John, or Sir Robert, or the said Sir William Fenton were seized or possessed of respectively on the 22th day of October 1641. with all the Rights, Titles, or Interest, which they, or any of them respectively had thereunto, be and are hereby vested, and settled in his Majesty, and his Heirs, to be disposed of as his Majesty shall think fit, subject nevertheless to such legal and equitable encumbrances, as the same would have been liable unto, in case this Act had never past, any thing herein contained to the contrary notwithstanding. XXXVIII. Provided always, and be it further Enacted by the Authority aforesaid, A Clause concerning the Lands of Chapel-Izard. that the Capital messsage, Town and Land of Chapel-Izard, alias Izad, with all other the Appurtenances thereunto belonging, and every part and parcel, now at the passing of this Act, occupied, possessed, and enjoyed as part or parcel thereof, and the Capital messsage of the phoenix, and all the Houses, messages, Lands, Tenements and Hereditaments within the King's Park, adjoining unto, or near this City of Dublin, in as large, free, and ample a manner as the same is now at the passing of this Act, possessed, and enjoyed by his Majesty, or any person claiming by, from, or under his Majesty, shall be, and are hereby vested in the King's Majesty, his Heirs and Successors, and shall be held and enjoyed by his Majesty, his Heirs and Successors, any thing in this present Act, or any other matter or thing whatsoever to the contrary, in any wise notwithstanding. And in case any ancient Proprietor, or Proprietors thereof, hath, or or have not been already satisfied for his or their Interest therein, that then such ancient Proprietor or Proprietors shall be Reprized according to his Title and Interest in the said Lands, out of the forfeited Lands, according to the Rules of this Act. XXXIX. Provided always, and be it Enacted by the Authority aforesaid, The Port Corn preserved to the Lord Chief Justice, &c. that the Lord Chief Iustice of his Majesties Court of Kings-Bench, the Lord Chief Baron of his Majesties Court of Exchequer, and the Master of the Rolls, or any other of his Majesties Officers of this Kingdom for the time being, shall and may have and receive such Port Corn of the several Rectories which have been formerly paid, and received, any thing in this present Act, or any other matter or thing whatsoever to the contrary thereof, in any wise notwithstanding. XL. And whereas in pursuance of an Agreement made and concluded between Richard late Earl of Clanriccard, A Proviso concerning the Earls of Clanriccard and Charles Lord Viscount Muskery, and Margaret Vice-countess Muskery his Wife, Heir General to Ulick late Lord marquis of Clanriccard, several provisions have been made and Enacted in the said Acts of Settlement, and Explanation for settling the Estate of the Family of Clanriccard; since which time several Deeds, Conveyances, Settlements Provisions, Writings, Decree, Award and Agreements of and concerning the Honours, manors, Lands, Tenements and Hereditaments belonging to the said Family, or whereof William late Earl of Clanriccard was seized or possessed, were made and perfected by the said William late Earl of Clanriccard, or by his Children after his Decease, or with their consent, which are not intended to be weakened, or avoided by this Act. XLI. Be it therefore Enacted by the Authority aforesaid, that the said several Deeds, Conveyances, Settlements, Provisions, Writings, Decree, Award, and Agreements, according to the several and respective Estates, uses, Trusts, Remainders, Limitations and Provisions therein mentioned, shall be, and remain firm and valid in Law, according to the said Award lately made between the Family of Clanriccard, and the Limitations and uses therein set forth; and that the several Deeds, Conveyances, Settlements, Provisions, Writings, Decree and Award, to the uses and Limitations in the said Award be of the same force and virtue, and in the same plight and condition to all intents and purposes, as if this present Act had never been made against the Heir General of Ulick, late Lord marquis of Clanrickard, Richard late Earl of Clanrickard, and all persoms claiming by, from, or under them, their Ancestors, or any, or either of them, any thing in these presents to the contrary notwithstanding, saving the Right, Title, and Interest of all Purchasers and Strangers, their Heirs, Executors, Administrators and Assigns. XLII. And whereas the Right Honourable helen Countess of Clanriccard, The Lady Clanriccards Proviso having heretofore had her Dower of the Estate of her deceased Husband John Fitz Gerald Esq; set out unto her; in which Dower several parcels of Lands were comprised, that did belong in October 1641. to old Proprietors, Restorable by this Act. XLIII. It is hereby Enacted, that the said Countess shall be Reprized out of the other two Thirds of the said Estate late in the Seisin of Edward Villiers Esq; and Catharine his Wife, in Lands of equal value, worth and purchase, that shall be forfeited to his Majesty, for, and during the life of the said Countess, to supply what shall be Bona Fide Evicted from her by any such Old Proprietor. XLIV. And whereas by a particular Proviso in the Act commonly entitled, The Lord Carlingfodr's Proviso. An Act for the better Execution of His Majesties Gracious Declaration for the Settlement of this Kingdom of Ireland, and satisfaction of the several Interests of Adventurers, Souldiers, and other his Subjects there: It is amongst other things Enacted, That Theobald late Earl of Carlingford shall have, hold, possess, and enjoy to him and his Heirs, all those the Lands, Manors, Tenements and Hereditaments in the County of Lowth; whereof the said Theobald Earl of Carlingford, upon the first day of August in the year 1661. was possessed, or were set out, assigned, or granted to the said Theobald by way of Custodium, or otherwise, in order to a further Settlement thereof, to, and on the said Theobald, Earl of Carlingford, and his Heirs, for, and in lieu of the Estate of Colooney in the County of Sligoe, and also that the said Theobald Earl of Carlingford shall have and enjoy to him and his Heirs, the Manors, Lands, Tenements and Hereditaments, whereof Christopher Taaffe of Braganstowne, and Theophilus Taaffe of Cookes-town, or either of them, or any of their Ancestors, or any other Person or Persons, to their use, or in Trust for them, or any of them, stood Seized, or possessed, upon the 22th of October 1641. And whereas the said Manor, Lands, Tenements and Hereditaments are by this present Act to be restored to the Ancient Proprietors thereof, or unto their Heirs or Assigns, and also several other Lands Granted unto the said Theobald Earl of Carlingford, and his Heirs, lying and being in the Counties of Meath, Sligoe, and Tipperary, whereby Nicholas now Earl of Carlingford will be a great Sufferer, if not otherwise provided for by this Act. XLV. Be it therefore Enacted,& it is hereby further Enacted by the Authority aforesaid, that the Commissioners for Execution of this Act, shall forthwith set out in rakehells other Manors, Lands, Tenements& Hereditaments Forfeited unto, or vested in his Majesty by virtue of this Act, or upon the account of any attainder of Treason of Equal value Worth and Purchase with the Manors, Lands, Tenements and Hereditaments, from which the said Nicholas Earl of Carlingford or his Heires are to be Removed or Dispossessed by virtue of this present Act, and which were held by the said Nicholas Earl of Carlingford by virtue of the said Acts of Settlement and Explanation, or of either of them, or by patent or patents upon the said Acts all and singular which Lands and premises so set out in rakehells, the said Nicholas Earl of Carlingford shall hold to him and his Heires at and under the same or like tenors, Rents and Services as all Purchasers are to hold by this Act the rakehells set out to them or any of them and Subject to such Mortgages, Charges and encumbrances as the Lands from whence he or they are to be Removed were and are at the time of the passing of this Act any thing in this present Act or any other matter or thing to the Contrary thereof in any wise Notwithstanding. XLVI. Provided always and be it further Enacted by the Authority aforesaid, Lord Gallway's Proviso. that this Act or any thing herein Contained shall not be Construed or Expounded in any Courts either in Law or Equity to rest in the Kings most Excellent Majesty his Heires or Successors, or otherwise bar any Remainder or Remainders, or any other Right Title or Interest whatsoever that ought to have descended or come, or which shall or may hereafter descend or come upon or to Frances Lane now wife to Ulick Lord Viscount Galway by virtue of any Deéd, Will or other writing whatsoever made and Executed by George Lord Viscount Lanesborough deceased, and that all the Right, Title and Interest whatsoever in respect of the premises be saved to the said Ulick Lord Viscount Galway, and Dame Frances his wife this Act or any thing herein Contained to the Contrary in any wise Notwithstanding always excepted such Lands, Tenements and Hereditaments as were at any time withheld or detained from the Ancient Proprietor or Proprietors on account of any Title derived or pretended to be derived from or under the said Acts of Settlement and Explanation or either of them and not under the Proprietor or his Heires. XLVII. And whereas by a particular Proviso in the Act Commonly entitled an Act for the better Execution of his Majesties gracious Declaration for the Settlement of this Kingdom of Ireland, and the satisfaction of the several Interests of Adventurers Soldiers and other his Subjects there it is amongst other things Enacted that the Town of Mullingare in the County of Westmeath with all the Houses, Lord Forbes Proviso Castles, Tenements Lands& Commons thereunto belonging, and Forfeited to his late Majesty Charles the Second of happy Memory should be and were by the said Act settled upon the Earl of Granard and his Heires by the name of Sr. Arthur Forbes Baronet according to a grant thereof passed to him by Letters patents under his said late Majesties great Seal of Ireland bearing date the 27th day of July in the 13th year of his said late Majesties reign. XLVIII. And whereas the said Earl of Granard hath in Consideration of a Considerable Marriage Portion settled the said Town of Mullingare with all and singular the premises on Arthur now Lord Forbes Eldest Son of the said Earl of Granard, and whereas the said Town of of Mullingare and all other the premises, with their and every of their appurtenances are by this present Act to be Restored to the Ancient Proprietors thereof or unto their Heires or assigns whereby the said Arthur Lord Forbes will be agreat Sufferer if not otherwise Provided for by this Act. XLIX. Be it therefore Enacted and it is hereby further Enacted by the Authority aforesaid, that the Commissioners for the Execution of this Act shall forthwith set out in rakehells, other Manors, Lands, Tenements and Hereditaments Forfeited unto or vested in his Majesty by virtue of this Act or upon account of any attainder of Treason of equal Value Worth and Purchase with the said Town of Mullingare and other the said Lands, Tenements and Hereditaments, from which the said Arthur Lord Forbes or his Heires are to be Removed or dispossessed by virtue of this present Act or any Clause or matter therein Contained all& singular which Lands& premises so set out in rakehells the said Arthur Lord Forbes shall hold to him and his Heires at and under the same or like tenors, Rents and Services as all Purchasers are to hold by this Act the rakehells set out to them or any of them, any thing in this present Act, or other matter or thing to the Contrary thereof in any wise Notwithstanding. A Proviso for Francis Plowden Esq; L. Be it further Enacted by the Authority aforesaid, that whereas Francis Plowden Esq; is, and for several years past has been seized in Fee of several Houses, Back-sides, Waste-plots and Gardens, lying and being in the City of Dublin, and Town of galway, by and under the last Will and Testament of Dame Catharine Plowden Relict of Sir Daniel Treswell Kt. deceased; He the said Francis Plowden having paid above two thousand pounds sterl. in Debts and Legacies, out of the said demised premises, pursuant to the said Will, that the Commissioners for executing this Act, shall forthwith set out, and allow in reprisal unto the said Francis Plowden, his Heirs and Assigns, to his and their use, Lands, Tenements and Hereditaments, of equal value, worth and purchase, with the said several houses, waste-plots and gardens, from which the said Francis Plowden, his Heirs or assigns is, or are to be removed, for restoring the Ancient Proprietors, by this Act, any thing herein contained to the contrary notwithstanding. LI. Provided always, A Proviso for John brown, Esq; that John brown Esq; and his Heirs and Assigns shall in trust for his Creditors, and for support of his Iron-works, which are of public advantage to your Majesty, and this Kingdom, have, hold, and enjoy all and every the Furnaces, Store-houses, Mills, Dwelling Houses, and Gardens, and other Improvements built, or made by him, or on his account, in the County of Mayo, for his own, his Clerks, and Workmens Dwellings and Conveniences to attend the said Works; as also all dams built by the said John brown, for support of the said Works, with power for Repairs, as heretofore usually done; and next the said Works, and most contiguous to them, so much of the Lands, which by the Rules of this Act would be taken away from the said John brown, or his Assigns, and restored to the ancient Proprietors, as is, or shall be necessary for the Gardens, Dwelling Houses, and Grazing of the cattle and Horses of the several Clerks, Workmen and Labourers employed, or to be employed by the said John brown about the said Works; and the Commissioners for execution of this Act, are hereby impowred to ascertain the quantity and rates of the said Lands that shall be necessary for the said John brown, his Clerks, Dwellers, Workmen and Labourers to be employed about the said Works respectively, as aforesaid, and to order and appoint such Rents to be paid yearly to the ancient Proprietors, and their Heirs, by the said John brown, and his Heirs, out of the said Lands, as they shall think fit, regard first being only had to the intrinsical value of the said Lands. LII. And whereas Martin suppling Esq; having been restored as an Innocent by the Commissioners for execution of the said Act of Settlement, A Proviso for Martyn suppling Esq; to the ancient Estate of his Ancestors, in the Lands and Tenements of Ighermurrowmore, Ightermurrowbegg, Ballinistbudning, Nockglass, Ballinemiznagh, and other Lands in the Barony of Imokelly, and County of Cork; after which Restitution, svit or Contest being Commenced, or moved by Roger late Earl of Orrery, who pretended a Title to the said Lands, under the late usurped Powers. And whereas the said Martin suppling being not able to withstand the Power of the said Earl, was necessitated to purchase his Peace and Quiet, by conveying, or exchanging his said ancient Estate unto the said Earl, and to accept for the same the Lands of Dummadimore, Drummadibeg, Farnahelly, Buoghallane in the said Barony& County; which Lands were held by the said Earl, under the Title of the said Acts of Settlement, and Explanation, or of one of them, and therefore by this present Act are restorable to the ancient Proprietors thereof. LIII. Be it therefore Enacted by the Authority aforesaid, that all Conveyances& Assurances made by the said Martin suppling to the said Earl, Supple's Proviso. of the said ancient Estate, or of any part thereof, be, and are hereby annulled, and made voided, to all intents and purposes whatsoever; and that the said Martin suppling be, and is hereby restored to the said ancient Estate, and shall and may hold and enjoy the same, according to such Estate and Title as he had therein before the said Conveyance or Exchange thereof, made, and subject, and liable unto all Remainders, Reversions, uses, Trusts, Limitations, and all other Estates, Charges and encumbrances as the said Estate or Lands from which the said Martyn suppling is to be removed, were, or ought to have been liable unto, any thing herein to the contrary notwithstanding. colonel Butler's Proviso. LIV. Provided always, and be it further Enacted by the Authority aforesaid, that this Act, or any thing therein contained, shall not be construed or adjudged to rest in your Majesty, or to bar any Remainder or Remainders limited to colonel Richard Butler, or to any of his Sons, upon the respective particular Estates limited to James Duke of Ormonde, and his Brother, in, and of the ancient Estate, which on the one and twentieth day of October 1641 did rightfully belong unto James late Duke of Ormond deceased, or the Lady duchess his Wife, and the same to be subject to all encumbrances, whereunto the same ought to be liable, in case this Act were never made. LV. Provided always that the Remainder so limited to the said colonel Richard Butler Butler and his Sons be such as is not or was not in the power of the said james now Duke of Ormond and of his said Brother or of either of them to Bar. LVI. London Derrys Proviso. And be it further Enacted by the Authority aforesaid, and it is hereby Declared to be the true Intent and Meaning of this Act, that all Lands, Tenements and Hereditaments, use, Trust, Possession, Reversion or Remainder, Chattel Real and all and every other Estate, either in Law or Equity, of what nature or kind soever within this Kingdom, which on the said first day of August 1688, or at any time since did belong or appertain to the Society, Governors and Assistance London, of the new plantation of Ulster in the Kingdom of Ireland, or to any other body politic or Corporate deriving under them, or Composed, or Consisting of any of the Citizens of London, by whatsoever name or names, the same or any of them are called, be and are hereby vested in your Majesty, your Heires and Successors as from the first day of August 1688, and to be part of the Stock of rakehells herein before mentioned, saving always, the Right, Title, Estate and Interest, of the Corporation of the Mayor Commons and Citizens of Londondery, and Colerean. LVII. And whereas several waste Plots of ground, A Clause concerning wast grounds on which Goals &c. are built. within several Cities, Towns, Burroughs or the Suburbs thereof, within this Kingdom, at the public Charge of the several Freéholders, and Inhabitants of the several Respective Counties, Cities, Towns and Burroughs, have been Purchased from the then Proprietors, or Reputed Proprietors thereof, and great sums of money laid out and expended by them, in Building of Session-Houses, Goals, houses of Correction, and other public Conveniencies thereunto belonging, upon the said Waste Plots of ground, for the public good, and advantage of this Kingdom, And whereas the said waste Plots of ground or some of them so purchased and Improved upon, may by this present Act to the great prejudice of the Commonwealth be Restored unto the old Proprietor thereof, if not by some special Clause or Proviso prevented. Proprietors not to be Restored to such Lands but Reprized LVIII. Be it therefore Enacted by the Authority aforesaid, and it is hereby Enacted that all the Lands Tenements and Hereditaments so Purchased as aforesaid, and whereupon any Session Houses, goals, Houses of Correction are built, shall be, and are hereby vested in your Majesty your Heires and Successors to the use herein after Expressed, and that the several and Respective old Proprietors of the said waste Plots of ground shall by the Commissioners for Execution of this Act, be forthwith Reprized for the same out of some of the Forfeited Lands vested in your Majesty your Heires& Successors by virtue of this Act, of Equal Value worth and Purchase, with the said waste Plots of ground before any building or Improvements made thereupon, To have and to hold the said Lands to be set out in rakehells to them, and every of them their Heirs and Assigns at and under the same or like tenors, Rents and Services as all Purchasers are to hold by this Act, the rakehells set out to them, or any of them, any thing in this present Act, or any other matter or thing to the Contrary thereof in any wise Notwithstanding. LVIII. Provided always, and it is hereby Declared that such of the said waste Plots so built upon, A Clause concerning Goals ctc. built upon Cons●crated ground as did not formerly belong unto, and was the Consecrated ground or scite Circuit, and Ambit of any Monastery, abbey or other Religious House, shall be and Remain vested in your Majesty your Heires and Sucessors to the said public uses, for which the same were so Purchased and built upon, and as to all such of the said waste Plots so built upon as did formerly belong to, and was the Consecrated ground or scite Circuit and Ambit of any Monastery, abbey or other Religious House, the same shall Be and Remain vested in your Majesty your Heires and Successors to be disposed of, to such Pious or Charitable uses, as your Majesty your Heires& Successors shall think fit. LIX. And, Whereas some meriting persons who are to lose Considerable Estates by this Act, might by the foregoing Rules be entitled to small or no rakehells, but by their Eminent services, may in a special manner merit Your Majesties Grace and Favour. LX. Be it Enacted by the Authority aforesaid, that your Majesty may in such special Cases set forth and grant rakehells to such meriting persons, or by your Majesties Letters under your Majesties privy Signet or Sign manuel, order the Commissioners for Executing this Act, to set forth rakehells for them, And likewise if your Majesty shall so think fit, to appoint and ascertain where and what Lands shall be set out to them. CAP. 5. An Act for taking off all Incapacities on the Natives of this Kingdom. WHereas by several Acts of Parliament, and Acts of State, or Acts of Council heretofore made, and past in this Kingdom, and by several Grants, and Letters Patents of Lands, Tenements and Hereditaments, Offices and employments, and by divers Deeds, Gifts, devices, Wills, Testaments and Leases, divers Prohibitions, Conditions, Covenants and Provisions, were, and are ordained and devised to disable and incapacitate some of the Natives of this Kingdom, in respect of being of Irish Blood, or for some other mark of distinction from other your Majesties Subjects here from receiving, purchasing, having, holding, or enjoying Lands, Tenements or Hereditaments, Offices or Employments in this Kingdom. And whereas the said Acts, and the Prohibitions, Conditions, Covenants, and Provisions aforesaid, and the Incapacities, Disabilities and Distinctions thereby devised and ordained, have been, and are of very great disadvantage and prejudice to your Majesties Subjects here; and have occasioned, and daily do occasion much dis-union and division betwixt them, to the weakening of this Nation. Be it therefore Enacted by the King's Most Excellent Majesty, All Incapacities taken off. with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled; and by the Authority of the same, That all and every the ancient Natives of this Realm, of Irish Blood, shall be, and are hereby made capable of all manner of Employments within this Realm, and of purchasing Lands in Plantation Countreys, and elsewhere; and to have and receive the same by descent, or purchase, as any other of the Subjects of this Land, being of English Blood: And that all Clauses, Provisions, Conditions and Restrictions in any Patents, Commissions, Grants, Deeds, Gifts, devices, Wills, Leases, Statutes, Laws, or otherwise, that do put any Incapacities on any natural born Subject of this Realm, either of Irish Blood, or otherwise, by reason of his Name, Blood, or Religion, be, and are hereby Repealed, Annulled, and made utterly voided; and all Forfeitures on such account are hereby Released, and Remitted. CAP. 6. An Act to Continue two Acts made to prevent Delays in Execution, and to prevent Arrests of Judgments, and Superseding Executions. WHhereas an Act of Parliament past in this Realm in a Parliament held at Dublin the seventeenth and eighteen years of King Charles the Second, entitled, An Act to prevent delays in extending Statutes, Judgments, and recognisances; and another Act entitled, An Act to prevent Arrests of Judgments, and Superseding Executions; both which Acts were to continue for the space of three years, and to the end of the then next Session of Parliament. And whereas the said Acts by experience are found to have been of great advantage. It is Enacted, and be it hereby Enacted by the King's Most Excellent Majesty, The two Acts continued. by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by the Authority of the same, That the said several Acts of Parliament, and all the Clauses, Sentences and Articles in them, and each of them contained, shall for ever hereafter endure and remain in full Force and virtue in Law. CAP. 7. An Act for taking away the Benefit of Clergy in certain Cases of Felony for two years.   CAP. 8. An Act for Repealing a Statute entitled, An Act for Provision of Ministers in Cities and Corporate Towns, and making the Church of St. Andrews in the Suburbs of the City of Dublin Presentative for ever. WHereas by an Act of Parliament made in the seventeenth and eighteen years of the Reign of our late Dread sovereign Lord Charles the Second of famous Memory, entitled, An Act for Provision of Ministers in Cities and Corporate Towns, and making the Church of St. Andrews in the Suburbs of the City of Dublin presentative for ever, It is ordained, that it shall& may be lawful for the Lord Lieutenant, or other Chief Governor or Governors, and six or more of his late Majesties Privy Council of this Kingdom, to allot, ascertain, set forth, and charge any sum or sums of Money to be paid unto the several and respective Incumbents, and their respective Successors within the City and Suburbs of Dublin, and Liberties thereunto adjoining; and other Cities and Towns Corporate of this Kingdom, who have actual Cure of souls in each Parish respectively, out of each house and houses belonging to the said Parish, whether it be by apportioning the said Money and Payment according to the yearly value of each House, or otherwise, so as the same Payment do not exceed twelve pence sterl. for every pound of the yearly value of each House; such yearly value always to be intended, as the same shall be valued upon Oath by persons to be nominated in that behalf, and authorised by Commission 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, such Commission to be Returned under the Hands and Seals of the Commissioners to the Clerk of the Council for the time being; and that after such Allotment so made, and sum or sums of Money ascertained, charged, and set forth to be paid as aforesaid, and approved by the Lord Lieutenant, or other Governor, or Governors and Council of this Kingdom, such charge on such Inhabitant of each House, shall be as good and effectual in law, as if the very same sum or sums which shall be so charged, had been particularly expressed, and inserted, to be paid out of each House; and that the said sum so allotted, or charged upon each Inhabitant, should be received by the Church-Wardens respectively, and by them paid to the several and respective Incumbents, and their Successors, by four portions every year by the Inhabitant, or respective Inhabitants thereof, with power of distraining for the famed, as by the said Act more at large appeareth. And whereas the Duties and Payments aforesaid appear to be a new Imposition, and are become very grievous and oppressive to the Inhabitants of Cities and Towns Corporate within this Kingdom, Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the Authority of the same, that so much of the said Act as extends to the Granting, Imposing or Securing the duties or payments of twelve pence in the pound as aforesaid, be and is hereby Repealed and that the Residue of the said Act relating to the making of the said Church of St. Andrew Presentative for ever, and providing for the Building thereof, and for Purchasing Lands and Livings for the use of the said Church, shall remain in full Force. CAP. 9. An Act for Repealing the Act for keeping and Celebrating the 23d of October as an Anniversary thanksgiving in this Kingdom. WHereas the keeping and Celebrating the Twenty third of October as an Anniversary Thanksgiving in this Kingdom according to the Act of Parliament made in the fourteenth and fiifteenth yeares of King Charles the second, is the occasion of great strife, quarrels, and Annimosities between his Majesties Subjects of this Kingdom. Be it therefore Enacted by the Kings most Excellent Majesty, by and with the advice& assent of the Lords Spiritual& Temporal and Commons in this present Parliament assembled, and by the Authority of the same, that the said Act of Parliament made in the said fourteenth and fifteenth yeares of Charles the second for Keeping and Celebrating the said Twenty third day of October as an Anniversary Thanksgiving in this Kingdom, be and is hereby Repealed and made voided. CAP. 10. An Act Declaring that the Parliaments of England cannot bind Ireland, and against Writs of Error and Appeals, to be brought for Removing Judgments, Decrees and Sentences given in Ireland into England. WHereas this his Majesties Realm of Ireland is and hath been always a distinct Kingdom from that of his Majesties Realm of England, always Governed by his Majesty and his Predecessors according to the Ancient Customs, Laws and Statutes thereof, and as the People of this Kingdom, did never sand Members to any Parliament ever held in England, but had their Laws continually made and Established by their own Parliaments, so no Acts passed in any Parliament held in England, were ever binding here, excepting such of them as by Acts of Parliament passed in this kingdom, were made into Laws here, yet of late times and especially in the times of distractions some have pretended that Acts of Parliament passed in England mentioning Ireland were binding in Ireland. And as these late opinions are against Iustice and natural Equity, Statutes in England do not bind Ireland. so they tend to the great oppression of the people here, and to the overthrow of the fundamental Constitutions of this Realm: And to the end that by these modern and late opinions no person may be further deluded; Be it therefore Enacted by the Kings most Excellent Majesty, by the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same, and it is so hereby declared, that no Act of Parliament past, or to be past in the Parliament of England tho Ireland should be therein mentioned, can be, or shall be any way binding in Ireland, excepting such Acts past, or to be past in England, as are, or shall be made into Law by the Parliament of Ireland. And whereas several Writs of Error, were formerly sued out and Returnable into the Kings Bench in England in order to Reverse Iudgments given in his Majesties Court of Kings Bench in Ireland; Writs of Error from England Barred And whereas most of the said Writs of Error have been brought for delay, and thereby many of his Mae●ities Subjects of this Realm were greatly hindered from recovering their just Rights, and put to vast Charges in attending such Suits in England; for the prevention whereof, Be it hereby Enacted by the Authority aforesaid, that no Writ of Error shall be hereafter brought out of England in order to Remove any Record, or Transcript of Record out of his Majesties Court of Kings-Bench in Ireland, or out of any other Court of Record here, into England, in order to Reverse any such Iudgments. But in regard Iudgments to be given in his Majesties Court of Kings Bench in Ireland may happen sometimes to be erroneous; Errors to be redressed in the Exchequer Chamber. Be it Enacted by the Authority aforesaid, that where any Iudgment shall at any time hereafter be given in the said Court of Kings-Bench in Ireland in any svit or Action of Debt, Detinue, Covenant account, Action upon the Case, Ejectione Firmae, or Trespass, first Commenced, or to be first Commenced there, other than where the King's Majesty shall be party, the Plaintiff, or Defendant, or other person or persons against whom any such Iudgment shall be given, may at his Election su● forth of the High Court of Chancery in Ireland, a special Writ of Error to be Devised in the said Court of Chancery directed to the Chief Iustice of the said Court of Kings-Bench in Ireland for the time being, Commanding him to cause the said Record, and all things concerning the said Iudgments to be brought before the Iustices of the Common-Pleas, and the Barons of the Exchequer here into the Exchequer Chamber in Ireland, there to be Examined by the said Iustices of the Common-Pleas, and the Barons of the Exchequer; which said Iustices of the Common-Pleas, and Barons of the Exchequer, or any four, or more of them, by virtue of this present Act, shall thereupon have full Power and Authority to Examine all such Errors as shall be assigned or found in or upon any such Iudgment as the Law shall require, other than for Errors to be assigned, or found for, or concerning the jurisdiction of the said Court of Kings-Bench in Ireland, or for any want of form in any Writ, Return Plaint, Bill, Declaration, or other Pleadings, Process, Verdict, or Proceeding whatsoever, and other than for such Mistakes, Errors, or Failings, as are now supplied, One Judge or Baron may continue the Court. or helped by some Statute or Statutes in force within this Realm. And that any one or more of the said Iustices and Barons in the absence of the rest, shall have Power to Adjourn the said Court, and continue the Proceedings of the said Writ of Error from time to time; and that after that the said Iudgment shall be Affirmed, Record to be remanded, and judgement to be exeted. or Reversed; the said Record, and all things concerning the same shall be Removed, and brought back into the said Court of Kings-Bench, that such further Proceedings may be thereupon, as well for Execution as otherwise, as shall appertain. And be it further Enacted by the Authority aforesaid, Further remedy in Parliament that such Reversal, or Affirmation of any such former Iudgment shall not be so final, but that the Party who findeth himself grieved therewith, shall and may sue in the High Court of Parliament in Ireland, for the further and due Examination of the said Iudgment, any thing herein to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, that from the end of this present Session of Parliament no Execution shall be stayed in the said Court of Kings-Bench, by Writ of Error, or Supersedeas thereupon, No Execution stayed without Bail in personal Actions. after Verdict and Iudgment thereupon in any Action personal whatsoever, unless a recognisance with Condition, according the Statute made in the tenth year of the reign of our late sovereign Lord King Charles the First, shall be first acknowledged in the said Court of Kings-Bench. And further, Bail in Ejectionae firmae. that in Writs of Error to be brought upon any Iudgment after Verdict in any Action of Ejectione Firmae, no Execution shall be thereupon, or thereby stayed, unless the Plaintiff or Plaintiffs in such Writs of Error, shall be bound unto the Defendant in such Action of Ejectione Firmae in such reasonable sum as the said Court of Kings-Bench shall think fit, with condition, that if the Iudgment shall be affirmed in the said Writ of Error; or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein, or that the Plaintiff or Plaintiffs be Non-suited in such Writs of Error, that then the said Plaintiff or Plaintiffs shall pay such Costs Damages, sum and sums of Money as shall be Awarded upon, or after such Iudgment affirmed. Discontinuance, or Non-suit had: And to the end that the same sum and sums, and damages may be ascertained; Be it further Enacted by the Authority aforesaid, that the said Court of Kings-Bench, upon such affirmation, discontinuance or Non-suit, shall issue a Writ to Inquire as well of the Measne profits, as of the Damages by any waste committed after the first Iudgment in Ejectione Firmae; and upon the Return thereof Iudgment shall be given, and Execution awarded for such Measne Profits, and damages and also for the Costs of svit. And whereas of late times several persons have brought Appeals before the House of Lords in England, in Order to Reverse Decrees granted in the High Court of Chancery in Ireland, Appeals to the house of Lords or Delegates &c. shall be voided. which tend to the great charge, trouble and vexation of such of his Majesties Subjects as have obtained such decrees, and is an apparent new Encroachment upon the fundamental Constitutions of this Realm, and also Appeals before delegates in England: Be it therefore Enacted by the Authority aforesaid, that no person or persons whatsoever, do hereafter presume to sue out any such Appeals, or to tender, or produce any such Appeal to the Lord Chancellor, or Lord Keeper of Ireland, or to any of the Officers of the said Court of Chancery, and that such Appeals shall be voided, and that no Appeal whatsoever to Reverse any Decree or Sentence past, or to be past in Ireland, shall be brought into England, either before the House of Lords there, or any Commissioners or delegates of Appeal, and that all such Appeals shall be disallowed. And for rendering this present Act the more Effectual; Be it hereby Enacted by the Authority aforesaid, that it shall be a High misdemeanour in any person or persons whatsoever, that shall in drawing of Pleadings either in Law or Equity, Penalty for Offending this Act. or in any Bill of Exception to be filled in any Court in Ireland, or that at any trial before any Court within this Realm, shall deliberately Insist that any Act of Parliament made or to be made in England, wherein Ireland is or shall be mentioned, is or can be binding in Ireland, though it should 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 also that it shall be a High misdemeanour in any person or persons whatsoever, who within this Realm shall tender or produce any Writ or Writs of Error out of England in his Majesties Court of Kings Bench in Ireland, or to all or any the Iudges of the said Court for the time being, Returnable to the Court of Kings Bench in England, or that shall tender or produce any Appeal to the Lord Chancellor, or Lord Keeper, of Ireland for the time being, or to any of the Officers of the said Court of Chancery, or to the Chancellor, Treasurer and Barons of the Exchequer from the House of Lords in England, or that shall tender any Appeal out of England to any Spiritual judge or Spiritual Court, or delegates within this Realm, in Order to Reverse any sentence given in Ireland, by any court of delegates in England; And that if any person or persons shall Offend herein, he shall be Fined and Imprisoned according the Discretion of the court where he shall be prosecuted for the same. CAP. 11. An Act for adnulling and making voided all patents of Offices for life or during good behaviour. WHereas several Offices within this Realm, were passed in patent to several Grantees during the life or lives of one or more persons, or during good behaviour, by which many of them were Encouraged to misuse their Authorities, and that many of the said Offices were granted in Reversion to others, by Letters patents, and Even grants made in Reversion, upon Reversions of such Offices which hath been, and is like to be the occasions that many Offices requiring skill, and knowledge, are and will be Executed by unskilful persons, to the great prejudice of many of his Majesties Subjects; And whereas several of the said Offices relating to his Majesties Revenue are past in patent to some who having not skill or knowledge to Execute the same, his Majesty is obliged to employ others to Act therein, and allow them a yearly allowance to the great Diminution of his Majesties Revenue, And for that several of the said Officers have with drawn themselves beyond the Seas, who being Commanded to repair hither refused or omitted to come; for temedy whereof. Grants in reversion made voided. Be it Enacted, and it is hereby Enacted by his most Excellent Majesty, by the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament, and by Authority of the same that all patents past in Reversion or Reversions of any Office or Offices of what kind soever, within this Kingdom, shall be and are hereby declared to be Null and voided; Grants for Life or during good behaviour made voided. and of no Effect whatsoever; And be it further Enacted by the Authority aforesaid, that all patents whereby any Office or Offices whatsoever within this Kingdom, were granted for life or lives, or during good behaviour, shall be and are hereby ipso facto voided to all intents and purposes whatsoever, and that all such patents are and shall be voided, from the 20th day of May in the year of Our Lord God 1689, without any svit, Action or Process to be prosecuted for avoiding the same. Provided that nothing in this Act contained, shall extend or be construed to extend to any Office or Offices heretofore granted to any person or persons whatsoever, Saving for Corporations. by any Charter or Charters heretofore passed for erecting of any Corporation. CAP. 12. An Act for the Punishment of persons who bring in the Counterfeit coin of Foreign Realms, being Currant in this Realm, or Counterfeit the same within this Realm, or wash, Clip, File, or Lighten the same. WHereas divers, and sundry coins of Gold, and Silver of other Realms, not being the proper coin of this Realm of Ireland, yet by the sufferance and consent of our sovereign Lord the King are Currant in payment within this Realm, many Ill-disposed persons, for their own Corrupt Lucre and Advantage, have for these many years last past, and especially now of late brought into this Realm from the parts beyond the Seas great quantities of Forged and Counterfeit money like to the said coin of other foreign Realms, and others have Counterfeited within this Realm, such foreign coin made by the Kings Sufferance and Consent Currant here, and Wash, File, Clip, and Lighten the same, and have uttered the same here, by Merchandizing and otherwise to divers of the Subjects of this Realm to their great deceit, hurt and damage the said ill disposed persons, believing( and it being doubted by some) that there was not, nor yet is any sufficient Law, or Statute made or provided for the condign punishment of the Offenders in that behalf; Be it therefore Enacted by the King Our sovereign Lord, with the Assent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same; And it is hereby Enacted, that if any person or persons after the 20th day of August next coming, Bringing in Counterfeit coin of Foreign Realms. or sorging it here shall bring into this Realm, or into any of the Parts thereof, any such false and Counterfeit coin being currant within this Realm as is aforesaid, knowing the same coin, and money to be false and counterfeit, or shall forge or counterfeit the same within this Realm, or any parts thereof, or File, Clip, Wash, or Lighten the same, to the intent to utter and make payment with the same within this Realm, or in any parts thereof by Merchandizing or otherwise, that all and every such person or persons so offending as is aforesaid, their Councellors, Procurers, aiders,& Abetters in that behalf shall be deemed and adjudged to be Offenders in high Treason& shall suffer after lawful Conviction and Attainder thereof such pains of death, loss,& forfeiture of Lands, Goods, and Chattels as other Offenders shall do in cases of High Treason. And be it further Enacted by the Authority aforesaid, that all and every person or persons that shall at any time after the said 20th day of August, be Accused or Impeached of any of the Offences contained and provided for in this Statute, or of any other Offences concerning the Impairing, Counterfeiting, The offenders to be tried as other Offenders in like cases of Treason. or Forging of any coin currant within this Realm, or the Washing, Fileing, Cliping, or the lightning thereof shall and may be Indicted, Arraigned, tried, Convicted, or Attainted by such like Evidence, and in such Manner and Form as hath been used and accustomend in like Cases of High Treason within this Realm any Statute, Law, Custom, or usage to the contrary thereof in any wise Notwithstanding. CAP. 13. An Act Concerning tithes and other Ecclesiastical Duties WHereas tithes, Oblations, Obventions, tithes, &c. ever since the Lateran Council due to pastors, &c. having cure of Souls, except only tithes Impropriate. Offerings, and other Ecclesiastical duties and profits growing and arising within all and every the Respective Parish and Parishes of this Kingdom,( impropriate tithes excepted) have by the Law of the Land, and Constitution of Holy Church, ever since the council of Lateran, been due and payable to the Respective Pastors, Curates, and Vicars of the said respective Parishes, having Cure of Souls therein; as a provision and maintenance for them for serving the said Cure, by celebrating Divine Service, administering of Sacraments, Preaching and Instructing the Parishioners thereof in true Faith, and performing other Pastoral duties belonging to their Functions. catholics impoverished by maintaining their Priests, and paying tithes & c. 〈◇〉 ●he Protestant Clergy. And Forasmuch as the Roman catholic Subjects of this Kingdom for some time past have maintained their own Priests, Pastors, Curates, and Vicars, and thereby have been very much Impoverished by being obliged to pay their tithes, and other Ecclesiastical duties to the Protestant Clergy, who have not laboured in the Administration of any of the said Spiritual Offices for any of the said Roman catholics. Be it therefore Enacted, and it is hereby Enacted by Your Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, That catholics shall pay their tithes &c. to their Priests. and the Commons in this present Parliament Assembled, and by the Authority of the same, that your Majesties Roman catholic Subjects of this Kingdom, shall and may set out, and pay all their tithes, Oblations, Obventions, and other Ecclesiastical duties( which of right are due and payable) from henceforth to their respective Roman catholic Priests, Pastors, Curates, and Vicars, and to no other person or persons of what Religion or persuasion soever, Impropriate tithes excepted, any Law or custom to the contrary notwithstanding. That the Clergy may bring Actions for their tithes Provided always, and it is hereby further Enacted, that all, and every person and persons of the said Roman catholic Clergy, who shall be entitled to any tithes or Payments in lieu of tithes by virtue of this Act, or otherwise, and their Proctors, and Farmers, shall and may sue for the same, or the value thereof, by Writ, Bill, Petition, or Action of Debt, or such other Action, for substraction, Incapacities taken off or not setting forth the said tithes, in any of your Majesties Courts within this Kingdom, as he or they might have done, for detaining, or not paying of any Temporal Duty: And shall and may recover their costs in such Suits. And all Incapacities heretofore devised by any Temporal Law, for disabling any of the said Roman catholic Clergy from Enjoying any benefice or tithes, or making any Collations or benefice to them Conferred voided, are hereby Discharged, and made voided, to all Intents and purposes whatsoever. CAP. 14. An Act for Regulating tithes and other Ecclesiastical Duties in the Province of Ulster. WHereas heretofore upon the Plantation of the Province of Ulster, and when there were but few Inhabitants, small Tillage and Inconsiderable Stocks of cattle in the said Province, there were by Act or Acts of State or Council or some other Temporal Act or Ordinance, greater tithes or Payments in lieu of tithes and other Ecclesiastical duties and mortuaries imposed upon and made payable by the Inhabitants of the said Prov●nce then were Imposed upon or payable by the Inhabitants of other parts of this Kingdom adjacent thereunto for support and maintenance of ministers, curates or incumbents and more particularly the Inhabitants of the said Province were to pay in lieu of tithes, nine pence for every M●lch cow and calf, The excess of the tithes in Ulster. and for the yearly increase of milk, butter, and cheese of such cow, and four pence half penny for every colpagh and strapper, commonly called gawnagh or cow that giveth milk, the second year, and for the yearly increase of milk, butter, and cheese of such cow, and sixpence for every foal, and where the clear goods of the defunct, all debts being paid did amount to so much as that the widow and every one of the joint-tenants have had a cow, or the value thereof in other goods, which cow was generally to be appraized at fifteen shillings, then if there was a cow or the value left the Minister was to have fifteen shillings for a mortuary, and although the goods of the defunct should not amount to so much as would satisfy the debts, and give the widow and joint-tenants the aforesaid Portion, then the Minister was to have out of every Cow, or the value thereof, nine pence; And whereas the said Province is sin●e become well Planted and Inhabited, in so much that there is great plenty of Corn and cattle therein, and the said former Imposition of tithes, ●ayments, and Ecclesiastical duties is become very burdensome and oppressive to the Inhabitants of the said Province, and the same being only a Temporary provision for the Incumbent until better provision were made for him, which is since effected by great Gleabs and increase of Corn. And whereas when Land was kept for pasture, or lay waste or unwelded, tithes exact●● out of waste Land. the Incumbents did exact the tenth part of the yearly value of the Land, or the tenth part of the Money received for Grazing cattle thereupon, which was a great Exaction, and very oppressive to the Inhabitants of the said Province. Be it therefore Enacted by the King's Most Excellent Majesty, The former manner of tithing repealed. by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That the said Act of State, or Act of Council, and every other Act and Ordinance, as to so much thereof as extends to the setting forth the tithes, or to the said respective payments in lieu of tithes, Ecclesiastical Duties and Mortuaries herein before particularly expressed, be, and are hereby absolutely Repealed, and made voided. And be it further Enacted by the Authority aforesaid, that the respective Inhabitants of the said Province shall from henceforth be liable to pay yearly one penny halfpenny in lieu of tithes for every Milch-Cow and Calf, New manner of tithing established. and for the increase of Milk, Butter and Cheese thereof, and no more, and for every mere and fool one penny and no more; and for every Burial there shall be paid to the Minister, or other Incumbent, one shilling and no more, and to the Clerk and Sexton six pence and no more; but for the Calpagh and Strapper, commonly called Gawnagh, or Cow, which gives milk the second year, nothing shall be paid. And be it further Enacted by the Authority aforesaid, that the said exaction of the tenth part of the yearly value of the Land, or the tenth part of the Money received for Grazing cattle thereupon be absolutely Abolished, Repealed, and made voided; and that in lieu thereof, such persons who have no Tillage within the Parish, but keep and fatten cattle for sale, if the greatest part of such cattle be not milk, then the owners of such cattle having no Tillage within the same Parish, shall after the sale of every Bullock or Cow so fattened, and not being a Milch-Cow, pay one penny and no more, and for each Milch-cow, such tithe as before is set forth; but where the greatest part of such cattle are milk, then such person and persons shall pay as before for such milch-cattel is set forth, and for the other cattle nothing shall be paid. And be it further Enacted by the Authority aforesaid, That whosoever shall sue, Penalty for offending this Act. molest or trouble any of the Inhabitants of the said Province for any greater, or other tithes, Duties or Mortuaries, or payment in lieu of tithes, Duties or Mortuaries for, or in respect of any of the matters or things herein before particularly mentioned and expressed, shall forfeit, and pay double costs and damages to the person or persons who shall be grieved, molested or oppressed thereby. But as to all other tithes or payments in lieu of tithes, and other Ecclesiastical Duties usually paid, or set forth within the said Province, and not herein particularly mentioned to be altered, changed, or repealed, the same shall be and remain in the same plight and condition, and no other then as they would have been if this Act had never been made. CAP. 15. An Act concerning Appropriate tithes, and other Duties Payable to Ecclesiastical Dignitaries. WHereas by an Act past in this present Session of Parliament, entitled, Recital of a former Act. An Act concerning tithes and other Ecclesiastical Duties; It is amongst other things Enacted, that the Roman catholic Subjects of this Kingdom shall and may for ever pay their respective tithes( Impropriate tithes excepted) and their respective Oblations, Obventions, and other their Ecclesiastical deuce and Duties to their respective Roman catholic Priests, Pastors, Curates and Vicars, to whom also remedy is given by the said Act for recovering the same. And whereas within this Kingdom there are several Appropriate tithes formerly belonging to Archbishops, Bishops, deans deans and Chapters, Collegiate Churches, Archdeacons, Prebends, and other Ecclesiastical Dignitaries. And whereas a doubt did arise whether the Roman catholics, who are to pay such Appropriate tithes, Doubts arise on the former Act are by the said Act to pay the same to their respective Roman catholic Priests, Pastors, Curates and Vicars, who are Incumbents within the respective Parishes where such Appropriate tithes are due, or to the respective Roman catholic Dignitaries within such Parishes or places where such tithes are payable. Be it declared and Enacted, And it is hereby declared and Enacted by the Kings most Excellent Majesty, by the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same, Resolution of doub●●. That the Roman catholics of this Kingdom, who are to pay any such appropriate tithes, shall from time to time, and at all times hereafter for ever pay the same to the respective Roman catholic Arch-bishops Bishops Deans, who shall have the appropriate tithes. Deans and Chapters, Collegiate Churches Arch-deacons, Prebends or other Roman catholic Dignitaries that are or shall be Roman catholic Dignitaries within the Parishes or Places where such tithes are or shall be Payable in such manner as the same w●re formerly paid, since the Reformation to the respective Protestant Arch-bishops, Tempora● remedy as by the former act Bishops, Deans, Deans and Chapters Collegiate Churches, Arch-deacons, Prebends, or other Ecclesiastical Protestant Dignitaries of such Parishes or Places, and that the said respective Roman Chatholick Arch-bishops, Bishops, Deans, deans, and Chapters, Collegiate Churches, Arch-deacons, Prebends, and other Roman catholic Dignitaries, shall have the same, or the like remedy for the Respective Recovery of such appropriate tithes, as the said Respective Roman catholic Priests, Pastors, curates and Viccars, have; or shall have for the Recovery of the tithes payable to them Respectively by virtue of the said former Act, any thing in the said former Act, to the Contrary notwithstanding. doubt as to what person shall be deemed within the Act. And whereas it may be a doubt who shall be deemed, taken or reputed to be Roman catholic Arch-bishops, Bishops, deans, Arch-deacons, or other Roman catholic Dignitaries Priests, Pastors, Curates, and Vicars, within the meaning of this, or the said former Act. Resolution of that doubt. Be it hereby Enacted by the Authority aforesaid, that such Roman catholic Arch-bishops, Bishops, and Deans, Dignitaries must have C●●tificat under privy signet. now in being as his Majesty by any Instrument under his Privy signet and sign manual, shall signify to be Roman catholic Arch-bishops, or Bishops, of any diocese, or Deans of such Places or Churches within this Realm, Arch-bishops and Bishops to be by the nomination or presentation of the king. shall be reputed taken and deemed, the respective Roman catholic Arch-bishops and Bishops of such diocese and deans of such Places within this Realm, and that such person and persons as hereafter shall be Roman catholic Arch-bishops, or Bishops, of any diocese within this Kingdom or dean of any Place or Church shall be such, and no other as shall be respectively ordained Arch-bishops or Bishops, of such diocese, or deans of such places or Churches by the nomination or presentation of his Majesty his Heirs and Successors, and that such shall be deemed Roman catholic Arch-deacons Prebends, or other Roman catholic Dignitaries, other dignitaries Priests and Pastors how to be admitted and such shall be deemed Roman catholic Priests, Pastors, Curates, and Vicars as have been or shall be allowed and approved of by the Roman catholic Arch-bishops of the diocese where he or they did or shall officiate, or by the Roman catholic Bishops of the diocese, where he or they did or shall Officiate, or where he or they Respectively shall be approved off, or allowed by the Roman catholic Metropolitan of the Province where such diocese doth lie, in case there was, or there is, or there shall be no catholic Bishop, in being of such diocese at the time of such allowance or approbation. And be it further Enacted that the Kings Majesty his Heires and Successors, The King and all other patrons shall have their presentations. and all such as are or shall be Roman catholic Arch-bishops, Bishops, or other Roman Cath●lick Dignitaries within this Kingdom, and their Successors, and all Roman catholic Lords, Knights, Gentlemen or others, and their Heires and assigns respectively who have or shall have any advowson, Collation or Right of Presentation, Nomination, or collation to any bnfice within this Realm shall for ever hereafter upon vacancy of any such bnfice have full power and authority to present or collate a fit person to be the Roman catholic Dignitary, curate, vicar or pastor, of such bnfice in such manner and form as they respectively or any of their Predecessors or Ancestors did or could have Lawfully don. And be it further Enacted that so much of any Statutes as tends to disable or Incapacitate any of the said Roman catholic Arch-bishops, Bishops, deans, all Incapacities &c. taken of. Deacons, Arch-deacons Prebends or any other Roman catholic dignitaries, Priests, Pastors or Vicars of the Roman catholic Church, from Receiving, Having, Holding, or Enjoying any of the said Ecclesiastical dignities or Livings in manner aforesaid, be and is hereby Repealed and made voided. CAP. 16. An Act for Repealing the Act for Real Union and Division of Parishes, and concerning Churches, Free-schooles, and Exchanges. WHereas by a Statute made in this Kingdom in the Reign of his la●e Majesty King Charles the second of Blessed Memory, entitled an Act for the Real union, and Division of Parishes, and concerning Churches, Free schools, and Exchanges; there were cert●●n Rules Orders and Methods devised whereby to Vn●te Parishes, and to divide them, and to make Exchanges of the premises or any part thereof, and to remove Churches from one place to another, and to remove Free schools from one Town to another, and to divide the possession of any one of the said schools into two or more and to Exchange whole Gleabes, or any part of them proportionably, with Bishops Lands of the like value or with so much Temporal Land, and to disappropriate benefice, and to unite a presentative Church, having Actual cure of Souls to a dignity without cure and to disappropriate any Re●tories belonging to any Cathedral Church, and to divide patronages by turns betwixt the Patrons, as by the said Statute may more at large appear. The mischief of the former Act And whereas by virtue, or under colour of the said Act, divers Parishes whereof each Parish in times past was sufficient to maintain a Priest, have been united and consolidated together, and by such means divers Ministers in divers parts of this Kingdom, have had and yet have to each of them, four o● five or more Parishes for the mainten●nce of themselves Respectively, and of their wifes and Families, whereby the good wholesome Laws of this Kingdom against plurality of benefice have been evaded. And whereas by division of Parishes and Livings, and by Exchanges, and other alterations made and done by virtue of the said Act, much confusion and inconvenience hath been Introduced, which for the future are unfit to be continued. The former Act repealed. Be it therefore Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by authority of the same, That the said Statute, and all and every union, Division, Exchange, alteration and other matter executed, made or done, pursuant thereunto, or under colour thereof, be and are hereby Repealed and made voided. Provision for Lessees Provided always and it is hereby Enacted that all Lessees who came into any Lands, Tenements, or Hereditaments by virtue of any Lease or Leases made by any Incumbents under the said Act, shall stand good and effectual, but the Rent and Reversion thereof, to go and Rema●n to such persons to whom the same ought to belong by the Repeal of the said Act. And be it further Enacted that any Patron or Patrons to whom any Advowson or Patronage would have come o● belonged in case the said Act, were not made, Patrons relieved against Lapps and whose Rights were barred, disturbed or discontinued thereby, shall not be any way barred or prejudiced, by reason of any Lapps or Latches suffered or supposed to be suffered, since the passing of the said Act, nor shall be deemed to be turned out of Possession by reason of any presentation Admission, Institution, or Induction made Executed or done by reason of the said Act. CAP. 17. An Act for the Relief and Release of poor distressed prisoners for Debt. FOrasmuch as very many persons now detained in Person, are miserable Impoverished, either by reason of the present unhappy times, their own misfortunes or otherwise so that they are totally disabled to give any satisfaction to their Creditors, and so become without advantage to any, a charge and burden to the Kingdom, and by wearisomeness inseparably Incident to extreme Poverty, may become the Occasion of Pestilence or Contagious diseases, to the great prejudice of the Kingdom. Be it therefore Enacted by the Kings most Excellent Majesty, persons in Prison 17th June 1689. for debt or damages by and with the Consent and Advice of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same that all persons being in prison upon the 17th day of June 1689. for debt or damages, or for, or upon any Action or Actions, or upon any mean process for debt account or trespass upon the case, which Actions by prosecution of Law, may be Iudgments for debt or damages, or who have Iudgments entred upon Record against them, or are charged in Execution or Imprisoned upon Attachment for debt, or upon Outlawries before or after Iudgment for debts or upon any other Process whatsoever, Issuing out of any Court of Law or Equity for the cause of Debt, or Damages, or Costs only, who shall take the Oath in this present Act mentioned, shall and may be released and discharged from their Imprisonment in such manner as by this Act is directed. And all Iustices of the Peace, within their several Counties and Divisions in the Kingdom of Ireland, How Justic●s of peace shall discharge prisoners are hereby authorised and empowered, to put in Execution all such power, directions, and authority, for the full release and discharge of such persons as are in prison on the said 17th day of June as aforesaid, and that by Warrant under his Hand and Seal to require the sherriff, gaoler, or Keeper of any Prison within his respective jurisdiction, to bring without delay, the body of any person being in prison for debt on the said 17th day of June as aforesaid, or damages, or for the reasons before-mentioned, and petitioning such Iustice( to be discharged) to some convenient place within the distance of one mile from the said prison, and shall certify the cause and causes of their Imprisonment before the same Iustice; which Warrant every such sheriff, gaoler, and Keeper is hereby commanded to obey; and in case such prisoners coming before such Iustice shall take an Oath to this Effect. Viz. I. A. B. do upon my corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in possession, Oath by prisoner of his poverty. reversion, or remainder of the value of five pounds in the whole, or sufficient to pay the debt or damages, for which I am imprisoned, and that I have not directly or indirectly sold, leased, or otherwise conveyed disposed of, or entrusted all, or any part of my Estate, thereby to secure the same, to receive, or expect any profit or advantage thereof, or defraud, or deceive any Creditor or Creditors whatsoever to whom I stand indebted. Then after the taking of such Oath, the said Iustice shall Remand the said prisoner to Prison, and shall give a Certificate thereof in writing under his Hand and Seal, Creditor to be summoned. to the same prisoner, to be served upon such person or persons, his, or her Executors, or Administrators, or to be left at the place of the usual abode of such person or persons