June 1648: An Ordinance for the explaining and enlarging of an Ordinance made the 13th January 1647. for raising 50,000l. for the speedy relief of Ireland, and reducing the Rebels there.

June, 1648

[5 June, 1648.]

Commissioners for executing the Ordinance of the 13th of January, 1647.

Whereas by an Order of the Committee of Lords and Commons for the affairs of Ireland at Derby House, dated the Five and twentieth day of January, 1647. (in pursuance of an Order of both Houses of the Four and twentieth of January, 1647). Sir William Parsons, Sir Gerrard Lowther, Sir Robert Meredith, Sir Robert King, Sir James Barry, Sir William Anderson, Sir Paul Davies, Knights, Mr. Fenton Parsons, Mr. William Bazil, Mr. Thomas Bettsworth, Mr. Gabriel Beck, and Mr. William Hawkins of Iver in the County of Buckingham, Esquires, are nominated and appointed Commissioners for the execution of an Ordinance made by the Lords and Commons assembled in Parliament the Thirteenth day of January, 1647. for raising Fifty thousand pounds for the speedy relief of Ireland, and reducing the Rebels there; and Sir Adam Loftus Knight, to be the Receiver of the moneys to come in upon the same Ordinance:

The Commissioners and Treasurer confirmed.

Now as well for the more speedy raising of the said Fifty thousand pounds, according to the said Ordinance of the Thirteenth of January, 1647. As also for the better security and payment of all such sums of Money (together with Interest thereof after the rate of 81. per cent. per annum) intended to be raised, secured, and paid according to the said Ordinance of the Thirteenth of January, 1647.

Security for the moneys raised.

It is ordered, declared, and ordained by the Lords and Commons assembled in Parliament, and by Authority of the same, That they the said Commissioners, and such other Commissioners as shall hereafter from time to time be nominated and appointed for the execution of the said Ordinance of the 13 of January, 1647. or of this present Ordinance, or any five or more of them, shall have full power and authority, and are hereby authorized to execute the said Ordinances according to the tenor and purport thereof. And that the said Sir Adam Loftus Treasurer at Wars for Ireland, and his Deputy or Deputies, and the Treasurer at Wars for that Kingdom for the time being, his Deputy or Deputies, shall be, and are hereby authorized to receive and issue, all such sums of money as shall be raised upon the said Ordinance of the 13 of January 1647 and this present Ordinance, in manner and form as in this present Ordinance is hereafter appointed. Which said service of the said Sir Adam Loftus, and the Treasurer at Wars for Ireland for the time being, and their respective Deputy & Deputies, is to be by him & them performed at Weavers-hall, or any other place where the said Sir Adam Loftus and the Treasurer at Wars, for Ireland for the time being shall think fit, within the City of London. And the said Sir Adam Loftus, and the Treasurer at Wars for Ireland for the time being, and their respective Deputy and Deputies, shall keep true and perfect Accompts of all Receipts, Disbursements, and Payments, and thereof make Certificates to the said Commissioners, or any five or more of them, as often as they shall require the same; and shall accompt before the Committee for taking the Accompts of the whole Kingdome, for the time being, or such Auditors or other persons as shall be authorized in that behalf; who are hereby required to take the same every six moneths, and thereupon to give just Discharges to the said Sir Adam Loftus, and the Treasurer at Wars for Ireland for the time being. And after such Discharges, the said Sir Adam Loftus, and the Treasurer at Wars for Ireland for the time being, his or their Heirs, Executors, or Administrators, shall not be further questioned for or concerning any of the matters for which he or they have had and received such Discharges.

Increase of the security.; Exception.;Trustees.

And it is hereby further ordered, declared, and ordained That all the Castles, Messuages, Houses, Buildings, Lands, Tenements, and all Hereditaments and Possessions whatsoever, of what nature, sort, or quality soever they be, with all and every their appurtenances, scituate and being within any of the Cities, Towns, or Liberties, of Dublin, Cork, Kinsale, Youghal, and Drogheda in the Kingdome of Ireland, whereof any of the Irish Rebels, or and other person or persons, to their or any of their uses, or in trust and confidence for them or any of them were seized or possessed on the 23. day of October, 1641. or at any time after, and all such right, title, interest, use, trust, confidence and possession, which they or any of them on the said 23. day of October, or at any time after had, or of right ought to have, of, in, or to the Premisses; And also all the Honours, Mannors, Lordships, Castles, Messuages, Houses, Buildings, Lands, Tenements, and all Hereditaments and Possessions whatsoever, of what nature, sort, or quality soever they be, with all and every of their appurtenances in the Kingdome of England, or Dominion of Wales, whereof Francis Lord Cottington, Arthur Lord Capel, Henry late Earl of Worcester, Edward now Earl of Worcester, John Marquess of Winchester, William Shelden of Beely, Sir Charles Smith of Warwickshire, Sir George Strode Knight, Sir Henry Beddingfield and his son, and every or any of them, or any other person or persons to their or any of their uses, or in trust and confidence for them or any or them, were seized or possessed on the 20. day of May, 1642, or at any time after: And all such right, title interest, use, trust, confidence, and possession, which they or any of them on the said 20. day of May, 1642. or at any time after had, or of right ought to have, of, in, or to the Premisses, (except as in the said Ordinance of the 13. of January, 1647. is excepted or provided for: And except all such Mannors, Lands, Tenements, and Hereditaments, parcel of the Estates of the said Henry late Earl of Worcester and Edward now Earl of Worcester, as are granted, or mentioned to be granted, in an Ordinance of Parliament dated the Seventh day of February, 1645. and by an Ordinance of the Ninth of March, 1647, unto Oliver Cromwel Esquire, Lieutenant General of the Army under the Command of Thomas Lord Fairfax, and to the Heirs of the said Oliver Cromwel: And all such Lands, Tenements, and Hereditaments, parcel of the Estates of the said Henry late Earl of Worcester, and Edward now Earl of Worcester, lying and being in the Parish of Church Honny-born in the County of Worcester, as are granted, or mentioned to be granted in another Ordinance of Parliament, Dated the Eight and twentieth day of November, 1646. to Hugh Peter, Minister of Gods Word, and his heirs: And also except all such other Mannors, Lands, Tenements, and Hereditaments, parcel of the Estates of the said Henry late Earl of Worcester, and Edward now Earl of Worcester, in the City of London, and County of Middlesex, as are granted, or mentioned to be granted in another Ordinance of Parliament, Dated the Three and twentieth day of March, 1646, unto William Pennoyer, Richard Hill, John Tisser, George Hatton, and divers others mentioned in the said Ordinance, and their heirs: And also except all such Lands, Tenements, and Hereditaments, parcel of the Estate of Francis Lord Cottington, as are granted in an Ordinance of Parliament, bearing Date the Twenty seventh day of October, 1646, unto Sir Francis Knollys Knight: And except the Lease of the Demesne Lands of the Mannor of Kenyngton in the County of Surrey, heretofore sold by the Committee for the Prince Electors Revenue, unto Richard Boucher, as part of the Estate of the said Francis Lord Cottington:) And all Charters, Deeds, Books, Rentals, Rolls, and other Writings and Evidences whatsoever concerning the Premisses, and every or any of them in the Kingdomes of England and Ireland, and Dominion of Wales, shall be, and are by the Authority aforesaid deemed, vested, setled, adjudged, and taken to be in the actual and real seisin and possession of John Warner, Lord Major of the City of London, Sir David Watkins Knight, Thomas Andrews Alderman, William Barkley Alderman, Thomas Viner Alderman, Stephen Estwick, William Pennoyer, Richard Young, Thomas Vincent, Thomas Smith, John Reading, William Hawkins, Benjaman Goodwin of London, Sir William Parsons Knight and Baronet, Sir Gerrard Lowther, Sir Robert Meredith, Sir Robert King, Sir James Barry, Sir William Anderson, Sir Paul Davis Knights, Fenton Parsons, William Basil, Thomas Bettesworth, Gabriel Beck, and William Hawkins of Iver in the County of Buckingham, Esquires, their Heirs, Executors, Administrators and Assigns respectively, from the Thirteenth day of January, 1647. without any office or inquisition thereof to be found: And that they the said John Warner, Sir David Watkins, Thomas Andrews, William Barkley, Thomas Viner, Stephen Estwick, William Pennoyer, Richard Young, Thomas Vincent, Thomas Smith, John Reading, William Hawkins Benjamin Goodwin, Sir William Parsons, Sir Gerrard Lowther, Sir Robert Meredith, Sir Robert King, Sir Jamer Barry, Sir William Anderson, Sir Paul Davis, Fenton Parsons, William Basil, Thomas Bettesworth, Gabriel Beck, and William Hawkins of Iver in the County of Buckingham, their Heirs and Assigns, and the Survivor and Survivors of them, his Heirs and Assigns respectively, shall hold all such of the Premisses in the Kingdome of Ireland, as are now held of the King, of the King his Heirs and Successours, as of his Castle of Dublin, in free and Common soccage, by Fealty, and the Annual Rents thereof, respectively due and payable before the said Three and twentieth day of October, 1641. and not in Capite, nor by any other Tenures or Services; And shall hold all such of the Premisses in the Kingdome of England and Dominion of Wales, as are now held of the King, of the King his Heirs and Successours, as of his Mannor of East Greenwich, in free and common soccage by Fealty, and the Annual Rents thereof respectively due and payable, and not in Capite, nor by any other Tenures or Services; And shall hold all such of the Premisses in the Kingdomes of England and Ireland, and Dominion of Wales respectively, as are held of any other Person or Persons then of the King, by the Rents and other Services thereout due and of right accustomed.

Repaiment out of the monies raised with interest.;The premisses in Ireland to be surveyed.

And it is hereby further Ordered, Declared, and Ordained, That the said John Warner, Sir David Watkins, Thomas Andrews, William Barkley, Thomas Viner, Stephen Estwick, William Pennoyer, Richard Young, Thomas Vincent, Thomas Smith, John Reading, William Hawkins, Benjamin Goodwin, Sir William Parsons, Sir Gerrard Lowther, Sir Robert Meredith, Sir Robert King, Sir James Barry, Sir William Anderson, Sir Paul Davis, Fenton Parsons, William Basil, Thomas Bettesworth, Gabriel Beck, and William Hawkins of Iver in the County of Buckingham, and the Survivors and Survivor of them, and the Heirs, Executors, Administrators, and Assigns of the Survivor of them respectively, shall stand, and be seized, and possessed respectively of all and singular the said Premisses in the Kingdomes of England and Ireland, and the Dominion of Wales, so vested and setled in them, their Heirs, Executors, Administrators, and Assignes as aforesaid, to the uses, intents, and purposes herein and hereafter declared; That is to say, That the premisses in Ireland shall be speedily sold in manner as in this Ordinance is expressed, and that out of the money raised by the sale thereof, there shall be paid and satisfied the several sums of money with interest, at the rate of eight pounds per centum per annum, that by this present Ordinance, and by the said Ordinance of the 13 of January last are intended to be paid and satisfied, and that in the mean time, and until sale be made of the premisses in Ireland, and until payment be made unto the said Advancers of the whole money raised and doubled, as in the said Ordinance of the 13 of January last is expressed, with the interest thereof every six moneths as in the said Ordinance of the 13 of January last is declared, the premisses in the Kingdome of Ireland and Dominion of Wales, shall stand engaged and be security, and are hereby engaged as security in manner as in this Ordinance is expressed, for repayment of such moneys lent, advanced, or doubled, or to be lent, advanced, or doubled according to the said Ordinance of the 13 of January last, and this present Ordinance, with interest for the same, and that the said John Warner, Sir David Watkins, Thomas Andrews, William Barkley, Thomas Viner, Stephen Estwick, William Pennoyer, Richard Young, Thomas Vincent, Thomas Smith, John Reading, William Hawkins, Benjamin Goodwin, Sir William Persons, Sir Gerrard Lowther, Sir Robert Meredith, Sir Robert King, Sir James Barry, Sir William Anderson, Sir Paul Davis, Fenton Parsons, William Basil, Thomas Bettesworth, Gabriel Beck, and William Hawkins of Iver, in the County of Bucks, and the Survivors and Survivor of them, and the Heirs, Executors, Administrators, and Assignes of the Survivor of them respectively, shall stand, continue, and be seized and possessed respectively of all and singular the premisses in the Kingdome of England and Dominion of Wales, so vested and setled in them, their Heirs, Executors, Administrators and Assignes, untill out of the Rents and Profits thereof, and out of the moneys arising by the sale of the premisses in Ireland, re-payment be made of the whole money raised and doubled as aforesaid, with the interest thereof, after the rate of eight pounds per centum, as aforesaid, together with all allowances and payments to be made to all and every Officers, Ministers, and other persons to be imployed in this service, and all other charges and expences to be paid or born, for, or by reason of the execution of the two before mentioned Ordinances: And after the full payment of the same, that they and the Survivors and Survivor of them, his Heirs, Executors, Administrators, and Assignes respectively, shall stand seized and possessed of such of the said premisses in Ireland remaining unsold, and of the moneys raised by the sale of them, or of any part of them remaining undisposed: And of the premisses in the Kingdome of England and Dominion of Wales, and of the Rents and Profits thereof remaining undisposed; for the use and benefit of the Commonwealth, as shall be limited and appointed by both Houses of Parliament.

And to the intent that according to the true meaning of the said Ordinance of the 13 of January last; and this present Ordinance, the true contents and value, Rents, Revenues, Issues, and Profits of all and singular the Premisses in the Kingdome of Ireland may be known, and the best benefit and advantage of them may be made by speedy sale of them, to the uses and intents in the said Ordinances specified;

It is further by the same authority Declared and Ordained, That the said Trustees, or any five or more of them, shall have power, and are hereby authorised, to make, constitute and appoint under their hands and seals respectively from time to time, such and so many fit and able persons as they shall think fit, to survey the above mentioned premisses in the Kingdome of Ireland; And that every of the said Surveyors so nominated and appointed, before such time as he shall execute the said place, shall take his Oath before such person or persons, as by Commission shall be authorised to administer the same in these words following, viz.

Surveyors Oath.

I A. B. do swear, that I will faithfully and truly, according to my best skill and knowledge execute the place of a Surveyor, according to the purport of an Ordinance, Entituled, an Additional Ordinance of the Lords and Commons assembled in Parliament, for the explaining and enlarging an Ordinance made by the said Lords and Commons the thirteenth of January, 1647. for raising fifty thousand pounds for the speedy relief of Ireland, and reducing the Rebels there, and according to such instructions as are or shall be given me in pursuance of the said Ordinances, and shall use my best endeavour and skill to discover the Estates of the Irish Rebels therein mentioned, and every part thereof, which are or shall be given me in charge, and to finde out the true values, Rents, Revenues, Issues, Profits & Improvements thereof; and thereof shall make true particulars according to my best skill and cunning, and the same from time to time send in writing under my hand close sealed up unto the Trustees, or any five or more of them, at such place or places as they shall appoint, according to the true intent and meaning of the said Ordinances and this I shall justly and faithfully execute, without any gift or reward, directly or indirectly from any person or persons whatsoever, other then what is, or shall be allowed me by vertue of the said Ordinance.

Oath.; Persons refusing to take an Oath shall be committed.;Where the deeds shall be disposed.

And the said Surveyors, or any two or more of them are hereby authorized to enter into and survey all or any of the said premisses, or any part thereof in the Kingdome of Ireland, and as well by the Oaths of good and lawfull men, and by the examination of any witnesses upon Oath, (which Oathes they are hereby authorized to administer) as by all other good and lawfull waies and means to enquire and finde out what Castles, Messuages, Houses Buildings, Lands, Tenements, and all Hereditaments and Possessions whatsoever; of what nature, sort, or quality soever they be, with all and every their appurtenances, scituate and being within any of the Cities, Townes, or Liberties of Dublin, Cork, Kinsale, Youghall, and Drogheda in the said Kingdome of Ireland, did on the twenty third day of October, 1641. or at any time after, belong or appertain to any of the said Irish Rebels; And also of all and every such particulars concerning the premisses in the Kingdome of Ireland, as from time to time shall be delivered unto them, by instructions under the hands and seals of the said Trustees, or any five or more of them, (which instructions the said Trustees, or any five or more of them, are hereby authorized to make and give) and also to keep Courts of survey within any of the said Cities and Towns, or Liberties thereof: And to call before them any of the Tenants or other persons whom they shall conceive to have any interest in any of the premisses in the Kingdome of Ireland, to shew their writings and evidences, and discover what right, title, or interest they or any of them have, or may claim of, in, unto, or out of the same or any part thereof; And also to examine by Oath, or otherwise, any person or persons (other then such as have or claim to have interest or title therein) for or concerning the discovery of the Contents, Metes, Bounds, Extents, Titles, Rents, Revenues, Issues, Profits, Improvements and Valuations of all or any of the premisses in the Kingdome of Ireland; And for the discovering of any Records, Evidences, Writings, or Memorandums concern ing the same; And the said several surveyors so authorized, or any two or more of them as aforesaid, are hereby authorized to administer an Oath concerning the premisses in the Kingdome of Ireland, as aforesaid, to any person or persons (other then such as have, or claim to have interest or title concerning such the said premisses as shall be in question) and also to commit to prison any person or persons (other then such as have, or claim to have any interest or title as aforesaid) that shall refuse to take such an Oath, or discover his knowledge concerning the estate, title, or evidences of any of the premisses in Ireland, and also to demand and receive from any person or persons all such evidences and writings concerning the premisses in Ireland, which are in his or their custody or power; and do not concern the maintenance or defence of his or their interest or title therein, and upon his or their refusal to deliver the same, to commit him or them to prison, and to put into safe custody all the said Charters, Deeds, Books, Rentals, Rols, Writings and Evidences; that is to say, all such as shall concern the premisses, or any of them in the City of Dublin, and in the Town of Drogheda, and the respective Liberties thereof, in such safe place within the Castle or City of Dublin, as the said Surveyors, or any two or more of them shall think fit, and all such as shall concern the premisses, or any of them in the City of Cork, and in the Towns of Youghall and Kinsale, and the respective liberties thereof, in such safe place within the City of Cork, as the said Surveyors, or any two or more of them shall think fit; And to make one or more exact and particular survey or surveys and certificates of their proceedings, which certificates and surveys they shall with all convenient speed return unto the said Trustees as aforesaid, and the Messenger thereof (if he be not one of the Surveyors) shall take his Oath before the said Trustees, of his receiving, due and safe keeping and delivery thereof, which Oath the said Trustees, or any five or more of them are hereby authorised to administer, and then the said returns are by the directions of the said Trustees, or any five or more of them, to be delivered from time to time to the Clerk attending the said Trustees, to be by him kept in safe custody, and he is to make Entry of all such returns, surveys, certificates and other proceedings as shall from time to time be so returned certified by the said Surveyors, or any two of them as aforesaid, of the premisses in the Kingdome of Ireland, and shal also make forth, rate and sign all and every particular and particulars of the premisses, or any part thereof in the Kingdome of Ireland, whereupon any contract or contracts for sale is or shall be had or made.

Power to amend Surveys.;Power to contract and convey.

And it is hereby further Declared and Ordained, That the beforesaid Trustees, or any five or more of them shall have and execute, and are hereby authorized to execute the same power for and concerning the premisses which are mentioned in an Ordinance of the second of December, 1647. (Entituled, An Ordinance of the Lords and Commons assembled in Parliam. for removing obstructions in the sale of Bishops Lands) and given to the Trustees and Contractors for sale of Bishops Lands, for amending of Surveys, and particulars returned of the Premisses in Ireland; and for adding by way of supplyment, Certificates of any Estates or Interests which shall be made appear unto them, and for making allowance by way of reprisal to the purchasers; And that the same course shall be held, and the same penalties stand in force, for, and upon all persons who claim or pretend any interest or estate in any of the premisses in Ireland to be sold, for causing such persons to bring in their claims, and shew their Evidences within fourty daies next after the Surveys taken and returned, as are expressed in the said Ordinance of the second of December, 1647. for removing obstructions in the sale of Bishops Lands; And the said particular or particulars of the premisses in Ireland so made forth, shall be from time to time a good and sufficient ground to and for the said Trustees, or any five or more of them; And the said Trustees, or any five or more of them, are hereby Authorized thereupon to treat, contract, and agree with any person, or persons, Bodies, or Body Politique or Corporate, for the sale of all or any the said premisses in the Kingdom of Ireland, comprized in the said particular or particulars, at such rates and values as the said Trustees, or any five or more of them shall think fit; And the said Contract and Agreement being so made is to be entred with the said Clerk attending the said Trustees, and thereupon the said Trustees, or any five or more of them, and the Survivors of them, or any five or more of them; and the Survivor of them and his Heirs, Executors, and Administrators respectively, shall have full power and are hereby authorized and required to convey, and assure the premisses comprized in the said Contract or Agreement unto the Purchasor or Purchasors, or whom they shall appoint, their Heirs, Successors, Executors, Administrators, and Assigns respectively, according to the said Contract and Agreement.

The moneys being paid the conveyances shall be good.; How the monies shall be disposed.

And it is hereby Ordered and Ordained, that the Monies being paid to the said Sir Adam Loftus, or his Deputy, or to the Treasurer at warres for Ireland for the time being, or his Deputy, according to the said Contract and Agreement, the Conveyances and Assurances so made shall be good and effectual in Law, and that the Monies that shall be raised by the sale of the said Premises in Ireland, shall be imployed according to the uses, purposes, and intents expressed and declared in the said Ordinances of the thirteenth of January, 1647. and in this present Ordinance, and to no other use, purpose or intent whatsoever, untill the Monies lent upon the said Ordinances, and the former Debts by that means secured to the Lenders, with the nterest of both be fully paid.

Bodies Politique and Corporate may purchase without License of Mortmaine.

And be it further Ordained, and Declared by the Authority aforesaid; That all and every Bodies and Body, Politique and Corporate, in England, Ireland, or Wales, shall have power and capacity, and are hereby enabled to receive, take, and purchase to themselves, and their Successors for ever, any of the Premisses in Ireland, without any Licence, or Licences of Alienation in Mortmaine first sued forth, or obtained for that purpose, any Law, Statute, Ordinance, or Charter to the contrary thereof in any wise notwithstanding.

What debts may be doubled on this security.;Commissioners may take subscriptions.; Moneys to be paid in eight days.

And it is hereby further Declared and Ordained, that every person and persons to whom are due any of their entertainments for their service in any of the Parliaments Armies in this Kingdome, or in the Kingdome of Ireland, and whose Accounts are or shall be justly stated by such person or persons as are, or shall be authorized by both Houses of Parliament in that behalf, whereby the Debts so due are, or shall be ascertained. And every person and persons, Bodies, or Body Politique and Corporate, who have any Debt, Sum, or Sums of Money due unto him, or them, for Arms, Ammunition, Clothes, Victual: or any other Goods or Merchandize, delivered either in England or Ireland, for the use and support of the Armies serving the Parliament, for subduing the Irish Rebels, in pursuance of the Ordinances of Parliament, or the Orders of both or either Houses, and for which payment hath been Ordered by one or both Houses of Parliament, or by any Committee of Parliament authorized thereunto, and are not yet paid or satisfied for the same; And every person or persons who have issued Money, Plate, Arms, Ammunition, Clothes, Victuals, or other Provisions for the relief of Ireland, before the Cessation there, by the direction of the then Lords Justices, and Council of that Kingdome, or by the Direction of the said Lords Justices and Council, stand ingaged in Bonds to several persons, in Sums of Money for Provisions as aforesaid taken up for relief of the Armies before the Cessation; the said persons so ingaged by Bonds, as also the persons to whom the Monies are payable by the said bonds, and every person and persons, Bodies and Body Politique and Corporate, who by the said Ordinance of the thirteenth of January last, and other Ordinances therein mentioned, or any of them may lend any Monies towards raising the said fifty thousand pounds, That every such person shall for every Sum of Money he shall now lend for the advancement of the said fifty thousand pounds, be secured the Money now lent, and a like sum more of his former Debt, and be repaid both with interest, after the rate of eight pounds per Centum per Annum out of the aforementioned security in manner and form as is herein expressed; And to that end the said Commissioners, as aforesaid, or any five or more of them are to take the subscriptions of all such Person and Persons, Bodies, or Body Politique and Corporate as aforesaid, or some Person or Persons from such Bodies Politique or Corporate, sufficiently authorized for such sum and sums of Money as they shall respectively lend towards raising of the said Fifty thousand pounds, which subscriptions are to be fairly entred in a Book to be kept for that purpose by the Clerk from time to time attending the said Commissioners, and under every particular subscription the particular Debt formerly due to every such Person or Persons, Bodies, or Body Politique or Corporate so lending as aforesaid, is to be entred in the said Book, and there signed by the said Commissioners, or any five or more of them, and by the Party lending the said Money: And that a Copy of the said entry, signed by the said Commissioners as aforesaid, or any five or more of them, be certified and sent to the said Sir Adam Loftus, Treasurer at Wars for Ireland, or his Deputy or Deputies, or to the Treasurer at Wars for Ireland for the time being, his Duputy or Deputies: And thereupon the said Lenders are within Eight days after their respective subscriptions as aforesaid, to pay unto the said Sir Adam Loftus, or his Deputy, or to the Treasurer at Wars for Ireland for the time being, or his Deputy, such sum and sums of Money so by them respectively subscribed to be now lent; And for default of paying the same within Eight days, as aforesaid, shall lose and forfeit the money formerly due unto him or them, and which should have been secured by the intent of this Ordinance, unless he or they shall shew to the said Commissioners, or any five or more of them, reasonable cause to be by them allowed: And the said Sir Adam Loftus, and the Treasurer at Wars for Ireland for the time being, and their respective Deputies, are hereby authorized and required, upon Receipt of the said Moneys lent and paid as aforesaid, to give Receipts in writing unto the Parties lending as aforesaid, in this form, viz.

Form of receipts to be given.

Interest to be paid every six moneths.

And so proportionably for a greater or lesser sum, and according to the Interest due thereupon. And every such Receipt so to be given by the said Sir Adam Loftus, or the Treasurer at Wars for Ireland for the time being, or their respective Deputies, is then to be carried back to the Clerk attending the said Commissioners, who is to enter the same fairly in a Book to be kept for that purpose, and to underwrite the said Receipt Intratur, and subscribe his name to that Intratur, and that Receipt so given by the said Sir Adam Loftus, or his Deputy, or the Treasurer at Wars for Ireland for the time being, or his Deputy, and entred and subscribed as aforesaid, is to be a sufficient ground and Title to all such Person and Persons, Bodies and Body Politique and Corporate, to whom the same are and shall be given, their Executors, Administrators, Successors and Assigns, to require and receive both the Principal money now to be lent, and the former Debt, or so much thereof as is specified in the said Receipt to be doubled: And also that the said Sir Adam Loftus, or his Deputy, or the Treasurer at Wars for Ireland for the time being, or his Deputy, shall pay unto the said Lenders in course every six moneths from the date of such Receipt, for the whole Principal money so lent, and Debt formerly due as aforesaid, the Interest which shall be then due by the said Ordinances, after the Rate of Eight pounds per cent, out of the Rents and Profits which the said Sir Adam Loftus, or his Deputy, or the Treasurer at Wars for Ireland for the time being, or his Deputy, shall receive out of any of the Mannors, Lands, and Tenements in the said Ordinance of the 13. of January, 1647. or in this Ordinance mentioned to be security for the said Money until (necessary Salaries, Charges and Expenses for bringing in the said Rents and Profits being first deducted) Principal Interest be fully discharged. As for example. If there be owing to any person one hundred pounds principal, which with interest due thereupon for three years past (in cases where Interests were formerly agreed, or Ordered to be paid,) will make One hundred twenty four pounds; He now lending 124l. more, may be secured for the whole Two hundred forty eight pounds as aforesaid, And so proportionably for any greater or lesser sum, and according to the interest due thereupon.

How money lent in gross may be doubled

And be it further Ordained and Declared, That in case any Person or Persons Inhabitants of any Ward or Precinct in London, or Members of any Corporation or Body Politique within the Kingdom of England, or Dominion of Wales have advanced and Lent any sum or sums of money in part of a gross or greater sum heretofore brought in and now mentioned or intended by the foresaid Ordinance of the 13. of January last, or this present Or dinance to be secured. The said Commissioners as aforesaid or any five or more of them, are hereby authorized and appointed, upon producing and shewing the Certificate of the Treasurer or Treasurers, who received the said sum or sums of money in Gross, or the Collector or Collectors thereof; Or the Certificate of such Corporation or Body Politique, under their common Seal, That such Person or Persons did accordingly advance and pay such sum or sums of mony towards the making up of such Gross or greater sum. To allow thereof, and take such Persons subscriptions, and to give Order, That upon such Person or Persons doubling the said sum or any part thereof in manner before expressed, he or they receive Interest for both, and principal in such manner as by this Ordinance, and the said Ordinance of the Thirteenth of January is limited and appointed for others, Which Commissioners as aforesaid are hereby required to take care that such sum of money as shall be so secured to particular Members of Wards, Corporations and Bodies Politique be deducted out of the Gross or greater summes whereof they are or were a part, at the time of advancing or lending thereof, If those Gross or greater sums shall be offered afterwards to be doubled and secured in pursuance, or by vertue of the Ordinance of the Thirteenth of January last, or this present Ordinance.

The whole debt to be paid in two years if required.

And if any of the said Persons, Bodies Politique or Corporate which shall so lend money as aforesaid on any the said Ordinances, shall at any time after the space of two years from the day of their so lending their moneys as aforesaid, desire to receive their whole debts specified in the said Receipts, That then and in such cases the said Sir Adam Loftus or his Deputy, or the Treasurer at Wars for Ireland, for the time being, or his Deputy, shall out of the said Rents and profits which he shall receive out of any the said Mannors, Lands and Tenements in the said Ordinances mentioned to be security for the said money, and after the interest for the whole money secured and lent is satisfied, pay out and divide such money to such Lenders as shall so desire repayment, by one fourth part of the whole debt, that shall be owing to them in Course, with interest then due and unpaid, and so from time to time till the whole be paid. If in the interim before the expiration of the said two years such Person or Persons, Bodies or Body Politique or Corporate so lending shall not be repaid his or their whole debt with Interest as aforesaid, out of the moneys that shall be raised by the sale of the Premisses in Ireland as aforesaid.

Power to assign.; Penalty for procuring false or forged acquittance.

And it is further Declared and Ordained, That it shall and may be lawfull to and for any Person or Persons, Bodies or Body Politique or Corporate, who have any sum or sums of money formerly due unto them, and which are to be allowed by the intention of the said Ordinance of the Thirteenth of January last, or of this present Ordinance, to assign his or their right and interest therein, or in any part thereof to any Person or Persons, Bodies or Body Politique or Corporate that shall advance the like sum in manner as is before expressed, And that it shall and may be lawfull to and for every Person or Persons, Bodies or Body Politique or Corporate, who shall have any moneys due or secured unto him or them by vertue either of the said Ordinance of the thirteenth of January, or this present Ordinance, to grant and assign the same to any Person or Persons, Bodies or Body Politique or Corporate whatsoever. And all such Grants or Assignments shall be good and effectual to all intents and purposes whatsoever, and allowed of by all Person and Persons, to whom it shall appertain to give allowance thereof, and make payment thereupon, as if he or they had lent or disbursed the same themselves. And if any Person or Persons, shall wittingly or willingly produce any false or forged Assessment, Acquittance, Receipt or Certificate unto the said Commissioners as aforesaid or unto the said Sir Adam Loftus his Deputy or Deputies, or unto the Treasurer at Wars for Ireland for the time being, his Deputy or Deputies, thereby to defraud the Common-wealth; The Person or Persons so offending shall lose and forfeit, his and their money lent towards the raising of the said 50,000.l. or any way due unto him or them, upon any the said Ordinances, or otherwise secured either by this or by the said Ordinance of the thirteenth of January, or assigned unto him as aforesaid. The benefit whereof in such cases shall be to the use of the Commonwealth.

Trustees may lease for three years.; To contract for the lop of Trees, underwoods &c.

And it is further Declared and Ordained, That the said Trustees or any five or more of them shall have full power and authority, and are hereby fully authorized, to Treat, Contract, and Agree with any Person or Persons, Bodies or Body Politique or Corporate, for devising, letting, and setting of all or any of the Premisses in the Kingdom of England and Dominion of Wales for such terms and times not exceeding three years from the making of such Lease or devise, and under the reservation of such Rent and Rents, as to them shall seem meet. And to contract and agree for selling of any Lops of Trees formerly lopped, Underwoods, Mines, Minerals or other Revenues, Issues, Perquisits, profits, or other commodities, arising, growing, or being on, or within any the said Premisses in England and Wales, at such rates as they shall think fit for the better carrying on of this service. And the said contract and agreement being so made is to be entred with the Clark attending the said Trustees; And thereupon the said Trustees, or any five or more of them, shall have full power, and are hereby authorized and required to make and take Assurances accordingly.

Make Stewards, Bayliffs, &c.

And it is hereby further Declared and Ordained, That the said Trustees or any five or more of them, shall make and constitute such Person and Persons, to be Stewards, Bayliffs, and other Officers and Ministers in such of the said Premisses in England and Wales, as they shall think fit: Provided always, That this Ordinance shall not extend to the putting out of any Stewards, Bayliffs, or other Officers or Ministers formerly appointed, and made by vertue of an Ordinance of Parliament.

And it is hereby further Declared and Ordained, That the said Trustees or any five or more of them from time to time shall and may issue directions to all Committees of Sequestrations, Sequestrators, Treasurers, Receivers, and Collectors of the Rents, issues or profits of the premisses in the Kingdom of England and Dominion of Wales; And to all Stewards of Courts, Bayliffs, Tenants and Occupiers of the said Premisses, and to all other Persons, whom they shall think fit, requiring them and every of them to certifie to the said Trustees or any five or more of them, such Particulars concerning the Premisses as the said Trustees or any five or more of them shall think fit, for the better carrying on of this service; And to forbear payment of any Rents, Fines, Sum or Sums of money since the Thirteenth of January last, arising due or payable, or which hereafter shall be arising due or payable out of or in respect of the said Premisses or any part thereof, Or by any Contract made, or assurance given for any Timber, Woods, Underwoods, Mines, Minerals, Perquisits, or any other Commodity or Casual profit whatsoever, arising out of any of the said Premisses, to any Person or Persons to whom the said Rents or Profits were before the said Thirteenth of January last payable, either by Sequestration, or otherwise, or to whom by any Contract or Assurance given, the same is or are to be paid, And that they pay all the said Rents, and other moneys since the said Thirteenth of January last due, and which hereafter shall be due, to the said Sir Adam Loftus or his Deputy or Deputies, Or to the Treasurer at Wars for Ireland for the time being, or his Deputy or Deputies.

Lenders may defalk the moneys due on a Purchase.

And it is further Declared and Ordained, That it shall and may be lawful for every Lender and Lenders aforesaid, which shall become a Purchaser of any the Premisses in Ireland, which shall be sold by vertue of this present Ordinance, or of the said Ordinance of the Thirteenth of January, to defalk any money that shall be due unto him or them by vertue of this present Ordinance, or of the said Ordinance of the Thirteenth of January, upon every Purchase that he or they shall make, or so much thereof as shall amount to the value of the said purchase; And the said Trustees or any 5. or more of them, And the said Sir Adam Loftus and his Deputy and the Treasurer at Wars for Ireland for the time being and his Deputy, shall respectively allow the same accordingly. And the said Lender shall in course be preferred before any other in the purchasing of any the Premisses in Ireland to be sold as aforesaid.

Purchasers shall be freed of claims and Incumbrances.

And it is further Declared and Ordained, That the Purchasers of any the Premisses in Ireland and their Heirs, Successors and Assigns, and such of the Premisses in Ireland as shall be by them purchased, shall be and are hereby freed and discharged of all Claims, Demands, and Encumbrances whatsoever, had, made, done or suffered, or to be had, made, done or suffered, by, from or under the said Trustees or any of them.

Purchasers further security by Act of Letters Patents.

And it is further Declared and Ordained, That all and every Purchaser and Purchasers of any the Premisses in Ireland, his and their Heirs, Successors, Executors, Administrators and Assigns shall respectively have further security either by One or more, Act or Acts of Parl. Or by Letters Patent under the great seal of England or Ireland, if he or they shall desire it, And that the Atturney General, or the Sollicitor General, for the time being for England or Ireland, upon shewing forth of any such deed of purchase under the hands and Seals of the said Trustees or any five or more of them, is hereby authorized and required to prepare a Bill in usual form containing the Kings Grant to such Purchase and Purchasers, their Heirs, Successors, Executors, Administrators and Assigns, respectively of the Lands and premisses so purchased by him or them, according to the Tenor and effect of such Deed of purchase. Which Bill so prepared, the Lord Chancellor, Lord Keeper, or Commissioners for the great Seal of England or Ireland for the time being, are hereby respectively authorized and required to pass under the said great Seal in usual form accordingly.

And it is further declared and ordained, That no Fine or Fee be demanded or paid into the Hanaper for or in the Kings name, or to his use, upon the passing of any such Grant. But all and every such Fines (save onely a fourth part of what hath been formerly demanded and paid) are hereby pardoned and discharged.

Commissioners, Trustees, &c., saved harmless.; General issue.

And it is further declared and ordained, That all and singular the said Commissioners, Trustees, Vendees, Contractors, their Clarks Officers and Ministers by them to be respectively imployed, shall be and are hereby discharged and saved harmless, for whatsoever they or any one or more of them shall do in pursuance of the said Ordinance of the Thirteenth of January last, or this present Ordinance. And that if any Action, Bill, Plaint or Suit shall be brought or Commenced against them or any of them, for any Act done or to be done by them or any of them in execution of any the said Ordinances, Then they and every of them are hereby enabled to plead the General issue, and to give in evidence the said Ordinance of the Thirteenth of January last, and this Ordinance. And the Judges of the Court where the same shall be pleaded, and also the Judges before whom the said Ordinance of the Thirteenth of January last or this Ordinance shall be given in Evidence, and also the Jurors which shall try the said issue, are hereby authorized and Required to admit and give allowance to the same accordingly. And if the Verdict shall pass with the Defendant or Defendants, or the Plaintiff or Plaintiffs become Non-suit, or suffer any discontinuance of his or their suit, Or if a Judgement pass for a Defendant or Defendants, That in every such Case the Defendant or Defendants shall have his or their double costs, and also his and their travelling charges, and all other charges and expenses which he or they have sustained or expended by reason of his or their wrongfull Vexation in defence of the said Action, Bill, Plaint, or suit, For which the said Defendant or Defendants shall have the like remedy as in other Cases where Costs by the Laws of this Realm are given to the Defendants.

Purchasers evicted shall have recompence.

And it is further declared and ordained, That if any Person or Persons, Bodies or Body politique or Corporate, who shall be Purchasers of any part of the premisses in Ireland, shall hereafter be Evicted out of any part of the premisses, by vertue of any Eyne, Right, Title or Interest in or unto the same, That in such Case the said Purchaser and Purchasers so evicted, shall have full and due satisfaction, recompence, and Allowance made to him and them, his and their Heirs, Successors, Executors, Administrators and Assigns for the money paid or advanced for the said Purchase, and that in such manner as both Houses of Parliament shall think fit.

The sums lent shall be secured, though the whole sum be not advanced.

And it is further declared and ordained, That all such sums of money as shall be lent upon this present Ordinance with the respective receipts of money formerly lent as is aforesaid, which shall be thereby doubled, shall be secured as aforesaid, although the full sum of 50000. pounds shall not be advanced as is intended.

And it is further declared and ordained, That the said Commissioners as aforesaid or any five or more of them, and the said Trustees or any five or more of them respectively, do imploy herein such Clarks for writing and Messengers for attending them at their places of meeting, and for carrying their dispatches, and such others as shall be requisite to be imployed by them for the better carrying on of this service in England, Ireland and Wales. And that fit allowances be made for all those to be so imployed, And all other Charges and expences to be paid or born for or by reason of the Execution of the said Ordinance of the Thirteenth of January last, and this present Ordinance, Which allowances shall not exceed eight hundred pounds by the year, and shall from time to time be set down by the Committee of Lords and Commons for the affairs of Ireland at Darby-house, who are hereby authorized from time to time to issue Warrants to Sir Adam Loftus or his Deputy, or to the Treasurer at Wars for Ireland for the time being, or his Deputy, for payment thereof out of the moneys coming to his or their hands, out of the Rents, Issues and profits of the premisses in England and Wales; and out of the moneys arising by sale of the said premisses in Ireland, Which Warrant or Warrants are to be sufficient warrant and discharge in that behalf to the said Sir Adam Loftus and his Deputy, and to the Treasurer at Wars for Ireland for the time being and his Deputy.

By what Warrant the 50000l. shall be issued.

And it is hereby Declared, Ordered and Ordained, That the said Committee of Lords and Commons for the affairs of Ireland at Darby-house, shall have power and are hereby authorized, from time to time, to issue warrants to the said Sir Adam Loftus, or his Deputy, or the Treasurer at Wars for Ireland for the time being, or his Deputy, for issuing the said Fifty thousand pounds so intended to be raised, or so much thereof as shall come to his hands from time to time, and every or any part thereof for the service of Ireland, and to no other use, intent, or purpose; and that the said Warrants shall be to the said Sir Adam Loftus and his Deputy, and to the Treasurer at Wars for Ireland for the time being, and his Deputy, a sufficient Warrant and Discharge in that behalf.

Saving Rights.

Saving unto all and every Person and Persons, their Heirs, Executors, and Administrators, and Bodies Politique and Corporate, and their Successors, and to the Heirs and Successors, Executors, and Administrators of every of them respectively, other than the King his Heirs and Successors, and other then the said Francis Lord Cottington, Arthur Lord Capel, Henry late Earl of Worcester, Edward now Earl of Worcester, John Marquess of Winchester, William Shelden of Beely, Sir Charles Smith of Warwickshire, Sir George Strode Knight, Sir Henry Beddingfield, and his son, and their Heirs, Executors, and Administrators, and the Heirs, Executors, and Administrators of every of them; and all and every Person and Persons having or claiming any thing in the Premisses, or any part thereof, to the use of, or in trust or confidence for them or any of them, or of their or any of their Heirs: And other then Irish Rebels, and their Heirs, Executors, and Administrators, and the Heirs, Executors, and Administrators of every of them; and all and every Person and Persons, having or claiming any thing in the Premisses, or any part thereof, to the use of, or in trust or confidence for any Irish Rebels, or any of them, or of their or any of their Heirs, Executors, and Administrators, All such Estate, Right, Title, Interest, Use, Possession, Reversions, Remainders, Entries, Conditions, Fees, Offices, Rents, Annuities, Leases, Commons, Actions, Suits, Petitions, Executions, and all other Hereditaments, and all Actions and means to recover and obtain the same whatsoever, which they or any of them had or ought to have in or unto the Premisses in England or Wales, or any part thereof, before the said Twentieth day of May, 1642. Or of, in, and unto the said Premisses in Ireland before the said Three and twentieth day of October, 1641. in as large and beneficial manner unto all intents and purposes, as if this Ordinance had never been had or made, any thing therein contained to the contrary thereof in any wise notwithstanding. So as every such Person and Persons, Bodies Politique or Corporate, whose Right, Title, or Interest, of, in, to, or out of any the Premisses in Ireland is saved by this Ordinance, and their Heirs or Successors do make, or enter, or cause to be entred, his or their claims to any such Right, Title, or Interest, in his Majesties Court of Chancery in Ireland, within Twenty days after Proclamation made in manner as is herein hereafter expressed.

Proclamation for entering Claims.

And it is hereby Declared and Ordained, That the Surveyors to be appointed as aforesaid for the Premisses in Ireland, or any two or more of them, shall before the return of their respective Surveys cause Proclamations to be made by vertue of this Ordinance in every of the said Cities, Towns, and Liberties of Dublin, Cork, Kinsale, Youghal, and Drogheda, to this effect viz. That every Person which had any Right, Title, or Interest the Three and twentieth of October, 1641. in, to, or out of any the Premisses in Ireland, lying within the City, Town, or Liberty where any such Proclamation shall be made, shall enter or cause to be entred his claim to the same, upon Record in his Majesties Court of Chancery in the said Kingdome of Ireland, within Twenty days after the said Proclamation so made in the said City, Town, or Liberty.

And it is further declared and ordained, That when, and as often as the said Commissioners, or any five or more of them, or the said Trustees, or any five or more of them, shall find it needfull and desire it, all Officers and Ministers whom it may concern, do shew unto the said Commissioners and Trustees as aforesaid, respectively, or whom they shall respectively imploy herein, such Inquisitions post mortem, and other Records and Writings as they shall desire, and deliver to them or any of them, or to such as they shall respectively imploy herein, Authentique Copies or Extracts thereof for their better information in any of the Particulars in this Ordinance intrusted with them, and that without demanding any Fee for the same.

Sir Thomas Dacres, Henry Pitts.;Sir John Evelin.

Provided alwaies, and be it ordained by the said Lords and Commons, That this Ordinance, or any thing therein contained shall not extend to debar Sir Thomas Dacres of Cheshunt in the County of Hartford Knight, and Henry Pitts Gentleman, or their Assigns, from receiving the sum of Five hundred pounds Principal money with Interest, and likewise Fifteen hundred pounds Principal money with Interest, in pursuance of an Ordinance of this present Parliament, dated the 21 day of April, 1648. But to the intent the said Sir Thomas Dacres and Henry, Pitts may be satisfied the moneys mentioned in that Ordinance, That Sir Adam Loftus Knight, Treasurer at Wars for Ireland, or the Treasurer at Wars for Ireland for the time being, or their respective Deputies, shall, and may, and are hereby authorised and required to pay the said sums and interest, being the proper Debts of the said Lord Capel out of the first Rents of moneys that shall come to his or their hands out of the Lands of other Estates of Arthur Lord Capel of Haddam-hall in the County of Hertford. Nor to debar Sir John Evelin of Godstone in the County of Surrey Knight, or his Assigns from receiving the sum of One thousand pounds, and the interest due, and to be due thereupon, in pursuance of an Ordinance of Parliament, bearing date the 23. of September, 1646. But to the intent that the said Sir John Evelin may be satisfied the moneys mentioned in that Ordinance, That the same, or so much as is unpaid thereof, be paid unto him or them by the said Sir Adam Loftus, or the Treasurer at Wars for Ireland for the time being, or their respective Deputies, out of the first Rents of moneys that shall come to his or their hands out of such of the Lands or other Estate of Sir George Strode late of Westram, in the County of Kent Knight, as are scituate and being in the County of Sussex, and that the respective Acquittance of the said Sir Thomas Dacres, Henry Pitts, Sir John Evelin, or their Assigns, shall be to the said Sir Adam Loftus, his Deputy or Deputies, or to the Treasurer at Wars for Ireland for the time being, or his Deputy or Deputies, a sufficient discharge in that behalf.

Lady Anne and Elizabeth Somerset.

Provided also, and be it further ordained by the Authority aforesaid, That nothing in this Ordinance, or any other Ordinance concerning the Premisses (setled or conveyed by this Ordinance) or any of them contained, shall prejudice the Lady Anne Somerset, or the Lady Elizabeth Somerset, or either of them, or any other person or persons, who have Assignments made or appointed to be made in pursuance of the Ordinance of Parliament of the nineteenth of August, 1643, or any other Ordinances or Order of both or either House of Parliament, of any Rent out of the Estates, or of any part of the Estates of the said Earl of Worcester, or any other the Delinquents in this Ordinance mentioned, for their fifth part, or maintenance and livelihood, so that such respective Assignments do not exceed the fifth part of the said respective Delinquents Estates, hereby setled and conveyed. But to the intent the said fifth part, or maintenance and livelihood so assigned, or appointed and limited as aforesaid, may be continued and paid, That Sir Adam Loftus Knight, or the Treasurer at Wars for Ireland for the time being, or their Deputy or Deputies, shall, and may, and are hereby authorised and required to pay the same unto the persons to whom they are assigned or appointed, or their respective Assigns, out of such Rents and moneys as shall come to his or their hands out of the Lands or other Estates of the said respective Delinquents. And the Acquittances of those persons to whom such Assignments are made, or their Assigns respectively, shall be to the said Treasurer at Wars, his Deputy or Deputies a sufficient discharge in that behalf.

Lady Honoria O'Brien.

Provided always, and be it ordained by the said Lords and Commons, That this Ordinance, or anything therein contained, shall not extend to debar the Lady Honoria O'Brien, daughter of Henry late Earl of Thomond in the Realm of Ireland, from charging the sum of Five hundred eighty eight pounds upon the Estate of Edward now Earl of Worcester: And that the Treasurer, or his Deputies in and by this Ordinance appointed, shall pay, or cause to be paid unto her the said Lady Honoria O'Brien, or her Assigns, the said sum of Five hundred eighty eight pounds out of the first moneys to be raised by virtue of this Ordinance, out of the profits of sale of the said Earl's Estate, conveyed and setled by this Ordinance as aforesaid; and the Acquittance or Acquittances of the said Lady Honoria, or her Assigns, shall be unto the said Treasurer, or his Deputies, and every other person and persons, a sufficient discharge for paying the said sum of Five hundred eighty eight pounds.

And be it further ordered and ordained, That this Ordinance shall be of full force and effect, any former or other Order or Ordinance to the contrary in any wise notwithstanding: Saving onely such things as in this Ordinance are expresly excepted, saved, or provided for.