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The first Year of Anne

A.D. 1701

Chap. XXXII.

An act for the relief of the protestant purchasers of the forfeited estates in Ireland.



Whereas by one act made in a parliament holden at Westminster, in the eleventh year of the reign of our late sovereign lord King William the Third, intituled, An act for granting unto his Majesty an aid by sale of the forfeited and other estates and interests in Ireland, and by a land tax in England, for the several purposes therein mentioned, it is provided, That the sum of one and twenty thousand pounds, therein mentioned, should be paid to and amongst the several persons, who were purchasers of any estate of inheritance, of any of the forfeited lands or estates in Ireland, under the grantees thereof, who should prove the actual payment of their purchase-money, before the trustees mentioned in the said act for sale of the forfeited estates in Ireland, on or before the tenth day of August, one thousand seven hundred, to be divided amongst such purchasers, in proportion to the sums by them respectively paid for their several purchases: and whereas in pursuance of the said act, several persons did, before the said trustees, prove the actual payment of the sum of fifty nine thousand five hundred and two pounds, for the purchases of the several estates of inheritances to the several grantees thereof (which said sum of one and twenty thousand pounds, part of the said purchase-money, was by the said act charged on the lands so purchased respectively) according to the directions of the said act: and whereas no considerable part, if any, of the said sum of one and twenty thousand pounds, hath been as yet paid to the said purchasers: and whereas it may very much conduce to the strengthening and preservation of the protestant interest in Ireland, to continue the said purchasers in the possession of the respective lands by them respectively purchased, and that some further relief may be given the said purchasers; may it please your Majesty (at the most humble suit of the said purchasers) that it may be enacted, and be it enacted by the Queen's 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 all and every of the said persons, who purchased estates to them and their heirs for ever, under the grantees, of any forfeited lands in Ireland, (and to whom the said sum of one and twenty thousand pounds was adjudged by the said trustees, pursuant to the said act, to be allowed) and their respective heirs and assigns, shall be permitted to have, hold and enjoy the se-

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veral manors, castles, towns, lands, tenements and hereditaments whatsoever respectively, conveyed to them by the several and respective grantees thereof, mentioned in the several deeds of purchase by them respectively produced and proved before the said trustees, before the said tenth day of August, one thousand seven hundred, and allowed by the said trustees, according to the true intent and meaning of their several and respective conveyances or deeds or purchase thereof; the said purchasers, their heirs and assigns, paying unto the said trustees, or any seven or more of them, in the manner and for the uses expressed in the said first recited act, thirteen years purchase for the premisses, to them respectively to be conveyed for an absolute estate of inheritance in fee-simple, clear of incumbrances, where such estate is vested in the trustees; and according to the valuation of six years and an half purchase, for an estate for life in possession, or for an estate of inheritance in fee-simple, in reversion or remainder, expectant upon an estate for life in possession, and so in proportion for other interests, according to common rules of purchase, where the said trustees are only intituled to lower or lesser interests in the said premisses, whether for life or otherwise, in possession, reversion or remainder, according to the rents at which the said lands and premisses were let, in the year of our Lord one thousand seven hundred and one (the yearly quit-rents, crown-rents and composition-rents, payable to her Majesty, her heirs and successors, being first deducted.)

II. And be it further enacted by the authority aforesaid, That the sum of twenty one thousand pounds, by the said former act appointed to be paid in part of the said fifty nine thousand five hundred and two pounds, so proved by the said purchasers, their heirs or assigns, to have been actually paid for the purchased premisses to the several grantees thereof and allowed by the said trusteed to have been paid, as aforesaid, shall, if not before paid by the said trustees, be allowed to the several and respective purchasers, their heirs or assigns, in part of payment of the money, after the rate of the said thirteen years, or other purchase appointed to be paid to the said trustees by this act.

III. And whereas several estates, charges and incumbrances have been, or upon claims yet to be made before the said trustees, may be adjudged and allowed by them, to be charged upon, or out of the said purchased premisses, and wherewith the same are or will be chargeable and affected: be it further enacted by the authority aforesaid, That there shall also be deducted and allowed by the said trustees, or any seven or more of them, to the said respective purchasers, their heirs and assigns, out of the said thirteen years, or other years purchase, all and every sum and sums of money, which is or shall be allowed by the said trustees, to any person or persons whatsoever, on their said claims, and an allowance or abatement of so much out of the said purchase-money, as shall, by the judgement of the said trustees, or any seven or more of them, according to a reasonable valuation, be made for estates and interests by them allowed


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charging or affecting any of the said purchased lands respectively; and the said sum and sums of money, and valuations so allowed, or to be allowed by the said trustees, or any seven or more of them, shall be and remain a charge and incumbrance on the said respective purchased estates, severally and respectively, according to the allowance, valuation, judgment or decree of the said trustees.

IV. And it is further enacted by the authority aforesaid, That all and every the person and persons aforesaid, purchasers of estates of inheritance of any parts of the said forfeited lands or estates in Ireland, under the grantees thereof, and who have proved the actual payment of their purchase money before the said trustees, as is aforesaid, and who are hereby allowed to be purchasers, after the rate of thirteen years, or other years purchase, and the inheritance of whose estates shall remain in the trustees of the forfeited estates, notwithstanding any act or acts passed in this present session of parliament, shall have a discount and abatement out of the said thirteen years, or other years purchase, over and above a proportionable share of the said twenty one thousand pounds, if not before paid off, one third part more (the whole in three equal parts to be divided) of their several and respective original monies, proved by them to have been actually paid for their several and respective purchases: and that upon their payment of the surplus of the said thirteen years, or other years purchase, over and above the said proportionable share of the said twenty one thousand pounds, and over and above the said third part of their original purchase money, they shall have the same benefits and advantages by virtue of this act, as if the said thirteen years, or other years purchase-money had been fully paid by them, and that the surplus, over and above the respective proportions of the said twenty one thousand pounds, and the said other third part further allowed by this act, which shall be payable for such estates, after the rate of thirteen years, or other years purchase, as aforesaid (deductions being made according to the provisions of this act) shall be paid by the said several and respective purchasers, their heirs or assigns, to the said trustees, or any seven or more of them, for the uses in the said first recited act mentioned, on or before the twenty fifth day of March, one thousand seven hundred and three: and that upon payment thereof the said trustees, or any seven or more of them, shall at the request, costs and charges of the said respective purchasers, their heirs and assigns, convey unto them respectively, and to their respective heirs, executors and assigns, the premisses so by them respectively purchased, and all their estate and interest therein, to be held and enjoyed by the respective purchasers, their heirs and assigns, for and according to such estates and interests, as by the said first recited act, are vested in the said trustees, and that after such payment, and until such conveyance, the said purchasers, their heirs and assigns, shall be intituled to the possession, rents and profits of the lands and premisses so to be purchased.


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V. Provided always, That in case any of the said purchasers, their heirs or assigns, shall make default in paying the remainder of the said respective purchase-monies by the time aforesaid, it shall and may be lawful, to and for the said trustees, or any seven or more of them, and they are hereby required to sell the respective lands and premisses so purchased, by any such person or persons, who shall so neglect to pay in the remainder of the said purchase-monies, as aforesaid, to pay to such person or persons, their executors, administrators or assigns, the respective proportions of the said twenty one thousand pounds, and the said other third part further allowed by this act.

VI. And be it further enacted, That after payment of the said respective purchase monies as this act directs, the said respective purchasers, and their heirs and assigns respectively, shall have, hold and enjoy the several manors, lands, tenements, and hereditaments so by them respectively purchased, in such manner and form, and with the like benefits and advantages, as if the said respective purchasers had actually purchased the same from the said trustees, under and by virtue of the said act, made in the eleventh year of his said late Majesty's reign.

VII. And to the end that none of the said purchased premisses may ever descend or come to any papist or papists, or persons professing the popish religion, but that the same shall descend and come, and remain to be held and enjoyed by protestants, for the strengthening and supporting of the English interest, and the protestant religion in Ireland; be it enacted by the authority aforesaid, That if any person educated in the popish religion, or professing the same, and being under the age of eighteen years, shall not, within six months after he or she shall attain the age aforesaid, take the oaths of allegiance and supremacy, and also subscribe the declaration set down and exprest in an act of parliament made in the thirtieth year of the reign of the late King Charles the Second, intituled, An act for the more effectual preserving the King's person and government, by disabling papists from sitting in either house of parliament, to be by him or her made, repeated, and subscribed in the courts of Chancery or King's Bench, in England or Ireland, or quarter sessions in any county in England or Ireland, where such person shall reside (which said oaths and declaration the said courts and quarter sessions are severally hereby impowered to administer) and continue to be a protestant after the taking the said oaths and declaration aforesaid, every such person shall, in respect of him or herself only, and not to or in respect of his or her heirs or posterity, be disabled, and is hereby made incapable to inherit or take by descent, devise or limitation, in possession, reversion, or remainder, any of the lands, tenements, hereditaments, or premisses aforesaid, or any rent or profit issuing out of the same, or any part thereof; and that during the life of such person, or until he or she shall take the said oaths, and make, repeat, and subscribe the said declaration in manner aforesaid, the next of his or her kindred, who shall be a protestant, shall have and enjoy the said


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premisses, without being accountable for the profits by him or her received, during such enjoyment as aforesaid.

VIII. And it is further enacted, That every such papist, or person making profession of the popish religion, shall be disabled, and is hereby made incapable to purchase, either in his or her own name, or in the name of any other person or persons, to his or her own use, or in trust for him or her, any of the lands, tenements, or hereditaments, or premisses aforesaid, or any rents, profits, terms, or interests in or out of the same; and that all and singular estates, terms, and any other interests and profits whatsoever, in or out of the premisses, and all conveyances and declarations of trust concerning the same, which shall be made, suffered, or done, to or for the use, benefit, and behoof of any such person, shall be utterly void and of none effect, to all intents, purposes, and constructions whatsoever.

IX. And it is hereby further enacted, That all leases for life or lives, or for any term of years or otherwise, which shall at any time hereafter be made of any of the lands, tenements, or hereditaments hereby directed to be conveyed by the said trustees, as is aforesaid, shall be made to such persons only as are of the protestant religion, and to none other. And if any lease for life or lives, or for years or otherwise, shall at any time hereafter be made of any of the lands, tenements or hereditaments aforesaid, to or in trust for any papist; or if any lease of any such lands, tenements or hereditaments shall be made to a protestant, and the same shall afterwards be assigned to or in trust for any papist; every such lease so made to or in trust for any papist, and likewise every such assignment, shall be void, and the same is and are hereby adjudged and declared to be ipso facto null and void to all intents and purposes whatsoever: and in such case, as well the person making any such lease or assignment, as the person to whom, or for whose use or benefit the same shall be made, (in case such person shall accept such lease or assignment) or shall occupy any the lands or tenements therein contained, shall forfeit treble the full yearly value of all the lands so let, assigned, or occupied; one moiety thereof to her Majesty, her heirs, and successors, and the other moiety to such person ( being a protestant) who shall sue for the same in any of her Majesty's courts of record at Dublin, by any bill, plaint, or information, wherein no essoign, protection, wager of law, or imparlance shall be allowed.

X. Provided always, That nothing in this act contained shall extend to make void any lease, that is or shall be made of any cottage or cabbin, under the yearly value of thirty shillings per annum, to any day labourer whatsoever.

XI. Provided also, That nothing in this act contained shal be construed to extend to any rectories impropriate, or vicarages, tithes, oblations, obventions, glebes, or other things, to the same rectories or vicarages severally and respectively belonging or appertaining, which were, by a clause in the aforesaid act, vested in the trustees in the said act named, to the uses, intents, and


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purposes therein mentioned; but that all such rectories and vicarages, tithes, oblations, obventions, glebes, and other things thereunto belonging, with their appurtenances, shall still continue to be vested in the said trustees, to such uses as are in and by the said act directed and appointed; any thing in this act to the contrary in any wise notwithstanding. But in such case, the said trustees are to make a deduction and allowance, after the rate of thirteen years purchase, out of the purchase money to be paid unto them for such rectories or vicarages, or other matters aforesaid, to all and every person or persons who had purchased the same, their heirs, or assigns.

XII. Provided also, and be it further enacted, That the trustees in the said act named for sale of the forfeited estates in Ireland, shall be and are hereby acquitted and discharged of and from all rents or profits, or other sums of money, by them, or any for or under them, received or to be received, for or out of any the lands, tenements, and premisses aforesaid, at any time before the payment of the remainder of the said thirteen years purchase, by the said purchasers respectively, and of and from all actions, suits, and demands for or in respect thereof.

XIII. Saving nevertheless to her Majesty, her heirs and successors, all rents issuing and payable out of or for the said premisses, and also saving to all bodies politick and corporate, their heirs, and successors, and to all and every other person and persons, their heirs, executors, and administrators (other than the said trustees in the said act named) all such estate, right, title, interest, claim, and demand whatsoever, of, into, and out of the said premisses, as they or any of them might have had in case this act had not been made; any thing herein contained to the contrary thereof in any wise notwithstanding.

XIV. And for the better preservation and encouragement of the protestant interest in the said kingdom of Ireland, and to the end that none of the honours, manors, baronies, castles, messuages, lands, tenements, rents, reversions, services, remainders, possessions, royalties, franchizes, jurisdictions, privileges, or appurtenances thereunto belonging, or in any wise appertaining, rights of entry, rights of action, titles, conditions, uses, trusts, powers, or authorities, leases for life, lives, or years, pensions, annuities, rent charges, or hereditaments, whether free-hold, copy-hold, or of what nature or kind soever they be, within the said realm of Ireland, nor any of the estates or interests whatsoever in the said kingdom of Ireland, which by an act made in the eleventh year of the reign of his late Majesty King William the Third, intituled, An act for granting an aid to his Majesty by sale of the forfeited and other estates and interests in Ireland, and by a land tax in England, for the several purposes therein mentioned, were vested and settled in the persons in that act named (trustees nominated and appointed for putting in execution the powers and authorities in the said act enacted, relating to the said forfeited and other estates and interests in Ireland) and their heirs, executors, administrators, and assigns respectively, or which


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by the said act, or by any subsequent act or acts, are ordered or directed to be disposed of or sold by them, or any of them, for the purposes in the said act or acts mentioned, may ever hereafter descend or come by limitation, purchase, or otherwise, to any papist or papists, or person or persons professing the popish religion; but that the same forthwith, from and after the disposition and sale thereof, may be possessed and enjoyed, and from thenceforth for ever hereafter descend, come, and remain, to be held and enjoyed by protestants, for the strengthening and supporting the English interest, and the protestant religion in Ireland; be it enacted by the authority aforesaid, That all dispositions and sales of all and every the said estates and interests, which shall be made by the said trustees, or any of them, shall be made unto protestants only: and that every person being a papist, or professing the popish religion, shall be disabled, and is hereby made incapable to purchase, either in his or her own name, or in the name of any other person or persons, to his or her use, or in trust for him or her, any of the honours, manors, lands, tenements, royalties, franchises, and other hereditaments, of what nature or kind soever, vested in the said trustees, in order to the selling the same, or any rents, profits, terms for years, or other interests whatsoever, in or out of the same; and that all and singular estates, terms for years, interests, or profits whatsoever, in or out of the said premisses, and all conveyances and declarations of trust concerning the same, which shall be made, suffered, or done to or for the use, benefit or behoof of any papist, or person making profession of the popish religion, shall be utterly void and of no effect, to all intents, purposes and constructions whatsoever.

XV. And for preventing the said premisses, and every part thereof, at all times hereafter, from coming into the hands of papists, or persons professing the popish religion; be it enacted by the authority aforesaid, That no papist or person professing the popish religion, during the time of his continuing a papist, or professing the popish religion, shall be a person capable to inherit, take, or make title unto, by descent, purchase, limitation, devise, or other conveyance whatsoever, in possession, reversion or remainder, or to have, hold or enjoy any of the said honours, manors, hereditaments and premisses, or any trust or interest therein, or any rent or profit issuing out of the same, or out of any part thereof; and that if any person professing the popish religion, or educated in the same, and not having solemnly and publickly renounced it, being of full age, shall not, within the space of six months after the accruing of his or her title, or being under the age of eighteen years, shall not, within six months after he or she shall attain the age aforesaid, take the oaths of allegiance and supremacy, and also subscribe the declaration set down and expressed in an act of parliament made in the thirtieth year of the reign of the late King Charles the Second, intituled, An act for the more effectual preserving the King's person and government, by disabling papists from sitting in either house of parliament, to be by him or her made, repeated, and subscribed


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in the courts of Chancery or King's Bench in England or Ireland, or quarter sessions in any county of England or Ireland, where such person shall reside (which said oath and declaration the said courts and quarter session are hereby severally impowered to administer) and continue to be a protestant after the taking the said oath and declaration aforesaid, every such person shall, in respect of him or herself only, and not to or in respect of his or her heirs or posterity, be disabled, and is hereby made incapable to inherit or take by descent, devise or limitation, or purchase, in possession, reversion or remainder, any of the said honours, manors, lands, tenements, hereditaments or premisses aforementioned, or any trust or interest in rent or profit issuing out of the same, or out of any part thereof; and that during the life of such person, or until he or she shall take the said oaths, and make, repeat and subscribe the said declaration in manner aforesaid, the next of his or her kindred, who shall be a protestant, shall have and enjoy the said premisses, without being accountable for the profits by him or her received during such enjoyment as aforesaid.

XVI. And it is hereby further enacted, That all leases for life or lives, or for any term of years or otherwise, which shall at any time hereafter be made of any the honours, manors, lands, tenements, hereditaments, and premisses above mentioned, shall be made to such persons only as are of the protestant religion, and to none other; and if any lease for life or lives, or for years or otherwise, shall at any time after such sale be made of any the honours, manors, lands, tenements, hereditaments or premisses aforesaid, unto or in trust for any papist, or person professing the popish religion; or in any lease of any such honours, manors, lands, tenements, hereditaments or premisses, shall be made to a protestant, and the same shall afterwards be assigned unto, or in trust for any papist, or person professing the popish religion; every such lease so made unto, or in trust for any such papist or person, and likewise every such assignment shall be void, and the same is and are hereby adjudged and declared to be ipso facto, null and void to all intents and purposes whatsoever; and in such case, as well the person making any such lease or assignment, as the person to whom or for whose use or benefit the same shall be made (in case such person shall accept such lease or assignment, or shall occupy any the lands or tenements therein contained) shall forfeit treble the full yearly value, of all the lands so let, assigned or occupied, one moiety thereof to her Majesty, her heirs and successors, and the other moiety to such person (being a protestant) who shall sue for the same in any of her Majesty's courts of record at Dublin, by any bill, plaint, or information, wherein no essoin, protection, wager of law, or imparlance shall be allowed.

XVII. Provided always, that nothing in the last foregoing clause contained shall extend to make void any lease, that is or shall be made, of any cottage or cabbin, under the yearly


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value of thirty shillings per annum, to any day labourer whatsoever.

XVIII. Provided, That nothing herein contained shall extend, or be construed to extend, to make void, impeach or prejudice any lease of any of the said forfeited estates, or other interests, made or to be made by the said trustees, for any term not exceeding one year.

XIX. And whereas his said late Majesty King William, in consideration of a fine of six hundred and eighty five pounds, sixteen shillings, and four pence, stated by the commissioners of accounts in Ireland, to be due from his said Majesty to major Walter Delamar for arrears of pay for his services in the kingdom of Ireland, did in the month of October, one thousand six hundred ninety six, make a lease to the said major Walter Delamar, of some forfeited estates in the said kingdom, for the term of twenty one years, the said estates being subject to great incumbrances, and a jointure for the life of _________Plunkett, the relic of Ignatius Plunkett: and whereas William Palmer, esquire did purchase from the said major Delamar part of the said estates called Dirpatrick, in the barony of Deece, and the county of Meath, for the sum of five hundred pounds, the said sum being by him paid to the said Walter Delamar, for the remainder of the said term of twenty one years, subject to the said jointure, and hath since also laid out six hundred pounds, and upwards, in buying in the said jointure estate in the said lands, in draining a bogg, and building and planting upon the said estate, to the great improvement thereof: and whereas notwithstanding there are but about fourteen years to come in the said lease, the same is made void by the late act of parliament for re-assuming the forfeitures in that kingdom, and the said William Palmer hath (unless relieved by parliament) lost the money so paid and laid out by him, and of which the publick hath had and will have the benefit; be it therefore enacted by the authorities aforesaid, That the said trustees shall, within twelve months, pay to the said William Palmer, his executors, administrators and assigns, the sum of one thousand one hundred pounds; and in default of such payment as aforesaid, it shall and may be lawful to and for the said William Palmer, his executors, administrators and assigns, to have, hold and enjoy the said premisses, called Dirpatrick aforesaid, with the appurtenances, for and during the residue of the said term of twenty one years, according to the said lease and assignment thereof to him made; and in case of such default, the said lease (as to the premisses called Dirpatrick) and the said assignment thereof, shall be and is hereby confirmed and made effectual; the said act, or any thing therein contained to the contrary in any wise notwithstanding; subject nevertheless to all and every the clauses, matters, and things in this act contained, directed to be done and performed by the said other protestant purchasers.

XX. And be it further enacted by the authority aforesaid, That in all acts which have passed this session of parliament, relating to the forfeited estates or interests in Ireland, which do enjoin the taking the oath or oaths of allegiance by any person


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or persons whatsoever, and wherein the obliging the taking the oath of supremacy is omitted; all and every the person and persons, who are thereby enjoined to take the oath of allegiance, shall be and are hereby obliged and enjoined at the same time, to take the oath of supremacy also, under the like penalties, forfeitures and disabilities, as are in the said respective acts mentioned and contained, for and in default of taking the oath or oaths of allegiance, and subscribing the declaration therein mentioned.

XXI. And it is hereby further enacted and declared, That there shall not be let with any cabin or cottage to any day labourer (as by any acts of this session of parliament relating to the forfeited estates in Ireland is permitted) above the quantity of two acres of land, and not above one cottage or cabin with such land to any one day labourer; and that in case any other lease or leases shall be so made, or more land be let than as aforesaid, the lease of such cottage or cabin, as well as of the said land, shall be and is hereby declared to be ipso facto null and void, to all intents and purposes whatsoever; and as well the person making, as the person taking such lease, or occupying such cottage or cabin, or lands, shall forfeit treble the full yearly value of the said cottage, cabin or land, to be sued for, recovered and distributed, as any other penalties by the said acts are to be recovered and distributed.

XXII. And be it further enacted, That this act shall be taken and allowed in all courts as a publick act, and all judges and justices are hereby required to take notice thereof, without special pleading the same.

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