CHAP. I. An Act to admit the Subject to plead the General Issue in Informations of Intrusion brought on the behalf of the Kings Majestie, and to retain his possession till Tryal.

WHere the Kings Majestie out of his Prerogative Royal, may enforce the Subject in Informations of Intrusion brought against him to a special pleading of his title, the Kings most Excellent Majestie out of his Gracious Disposition towards his loving Subjects, and at their humble suit being willing to remit a part of his ancient and Regal power, is well pleased that it be Enacted, And be it Enacted by the Kings most Excellent Majestie, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That whensoever the King, his Heirs or Successors and such from or under whom the King claimeth, and all others claiming under the same title, under which the King claimeth, hath been or shall be out of possession by the space of twenty years, or hath not, or shall not have taken the profits of any Lands, Tenements or Hereditaments, within the space of twenty years before any Information of Intrusion brought, or to be brought to recover the same: that in every such case, the Defendant or the Defendants may plead the General Issue, if he or they so think fit, and shall not be pressed to plea • specially, and that in such cases the Defendant or Defendants shall reta • n the possession he or they had at the time of such Information exhibited, u • til the title be tryed, found, or Adjudged for the King. And be it further E • acted, That where an Information of Intrusion may fitly and aptly be brought on the Kings behalf, that no Scire facias shall be brought, whereunto the Subject shall be forced to a special pleading, and be deprived of the Grace intended by this Act.

CHAP. II. An Act for Abridging of Proclamations upon Fines, to be leavied at the Common Law.

WHereas a Statute made within the Kingdom of England, in the fourth year of King Henry the Seventh, hath Ordained that every Fine to be leavied with Proclamations in the Kings Court, before his Iustices of the Common Pleas, should be proclaimed in the same Court that term in which it is ingrossed, and in three terms then next following, at four several days in every term, by reason whereof they ought to be proclaimed four times in every of the four several Terms, and that during the time of proclaiming of such Fines, all Pleas should cease, which to do according to the said Statute, considering the number of Fines which are like hereafter to be levied, would require several days in every Term, and be some prejudice and interruption to the Causes and Suits, in the said Court of Common Pleas within this Kingdom, and also give occasions of sundry errors through the negligence and misprisions of Clerks, in mis-entring the same, and otherwise, whereby the Fines may be reversed: Be it therefore Enacted by the Kings most Excellent Majestie, the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same, that all Fines with Proclamations from and after the Feast of Easter next ensuing, to be levied in the said Court, shall be proclaimed only four times, that is to say, once in the Term wherein it is Ingrossed, and once in every of the three Terms, holden next after the same Ingrossing, and that every Fine proclaimed (as aforesaid) shall be of as great force and effect in Law, to all intents and purposes, as if the same had been sixteen times proclaimed, according to the Statutes heretofore made.

CHAP. III. An Act for the relief of Patentees, Tenants and Farmers of Crown lands or other profits, or of Lands within the Survey of the Court of Wards and Liveries, in cases of forfeiture for not payment of their Rents, or other service or duty.

FOrasmuch as the Kings Majestie out of his gracious disposition, is and ever hath been averse from taking any advantage, howsoever lawful and just, against any of his Subjects, growing by any forfeiture, breach of Condition, or strict interpretation of his Highness Grants, or Letters Patents, or the Grants or Letters Patents of any of his Royal Predecessors, of any Mannors, Lands, Tenements or Hereditaments, and yet the Grantees or Patentees, deriving their Estates by or from his Majestie or his Predecessors, have been too apt and ready to exact the advantage of such forfeiture, where his Majestie himself or his Predecessors have not required the • ame, which hath been ever held an unequal and extream course, and hath • any times been relieved by Suits in Courts of Equity, though with the gr • at charge and trouble of the parties indangered thereby: For remedy wh • reof, aswell where the King or any of his Predecessors or Successors, have granted or shall grant the said Mannors, Lands, Tenements or Hereditaments, or any part thereof, or the Reversion or any part thereof to any other, as where the Reversion, Remainder, or Estate thereof, is or shall be in the Kings Majestie or his Successors, in the right of the Crown of Ireland, or otherwise, his Majestie of his abundant grace towards his loving Subjects, is gratiously pleased that it be Enacted, and be it Enacted by the Kings most Excellent Majestie, by and with the Assent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled, and by the Authority of the same, that if any person or persons, Bodies Politick or Corporate, having, holding, or possessing, or which hereafter shall have, hold, or possess any Mannors, Lands, Tenements or Hereditaments, by virtue or colour of any original Grant or Lease or Assignment of the same, made by the Kings Majestie or any of his Predecessors, or to be made by his said Majestie or any of his Successors, for any number of years, for Life or Lives, in Fee tail or Fee simple, or other Estate whereupon any Rent, Service, or other duty hath been, is or shall be reserved or payable, with or under any Condition or Limitation, of Reentry Ce •• er, or to be void for default of payment of such Rent, or performance of such Service or Duty, heretofore hath made, or any other by, from or under whom he claimeth, hath made, or any which hereafter shall have, hold or possess, shall make any default therein, and yet after such default made, such Rent, Service or other duty hath been or shall be answered, paid or done unto his Majestie or any of his Predecessors or Successors, into his or their Receipt of the Exchequer or Court of Wards, or to any other having Authority to receive the same, as the case shall require, before any advantage of such forfeiture, or cause of forfeiture hath been or shall be taken, and before any Commission awarded to enquire, or other process issued touching the said forfeiture or non-payment of Rent, that in all such cases no advantage shall be taken by his Majestie, his Heirs or Successors, of, for or by reason of any such forfeiture or cause of forfeiture. And be it further Enacted, That no person or persons claiming, or which afterwards shall claim, by, from or under his Majestie, or any of his Predecessors or Successors, at any time after such cause or title of forfeiture given, shall in any wise have or take any benefit or advantage, by reason, means or colour of such default made or to be made, but that every such Estate forfeited or forfeitable, by means or occasion, of such default of payment of Rent or Performance of service, or other duty shall be adjudged to continue and have his being, as if no such default or cause of forfeiture had been had, or made, any Law, Custome, or Vsage, to the contrary thereof in any wise notwithstanding.

CHAP. IV. An Act touching the finding of Offices before the Escheator, &c.

WHere many and divers persons holding or that have holden Lands, Tenements or Hereditaments, some for term of years, and some by coppy of Court Roll have been expulsed, and put off their terms and holds by reason of Inquisitions or Offices found before Escheators, Commissioners, and others Containing Tenures of the King in Capite, intituling the King to the wardship or custody of such Lands or Tenements, by reason that such Leases for Term of years, or interest by coppy of Court Roll of such persons have not been found in such Inquisitions or Offices after which expulsion or putting out the said persons have been without remedy for the obtaining of the said Farms, and holds, during the Kings possession therein, and can have no Travers, Monstrance de droit, nor other remedy for the same, because their said Interest is but a Chattle in the Law, or Customary hold, and no Estate of Freehold, and also where any person or persons hath any Rent, Common, Office, Fee, or profit Apprendre of any Estate of Freehold, or for years or otherwise out of such Lands or Tenements, specified in such Office or Inquisition, the said Rent, Common, Office, Fee or profit Apprendre not found in the same Office or Offices, such persons are in like manner without remedy to obtain or have the said Rent, Common, Office, Fee or profit App • endre by any Travers or other speedy means, without great and excessive charges during the Kings interest therein, by force of such Inquisition or Office: For remedy whereof, be it Enacted by Authority of this present Parliament, that where any such Office or Inquisition is or shall be found, omitting such titles, Interests or matters (as is aforesaid) that in all such Cases every Lessee, Tenant for term of years, or Copy holder, and every such person or persons that have or shall have any Interest to any Rent, Common, Office, Fee or other profit Apprendre for term of years, life or otherwise, out of any of the Lands, Tenements or Hereditaments contained in such Office or Inquisition, where the King, his Heirs or Successors, is or shall be intituled as aforesaid, to any such Lands, Tenements or Hereditaments, shall upon shewing and proving of his or their said title and interest in his Majesties Court of Wards and Liveries, have, hold, enjoy and perceive all and every their Leases and Interests for term of years, or by Copy of Court roll, Rents, Commons, Offices, Fees, and profits apprendre in such manner, form, estate and condition, as they and every of them should or might have done, in case there had been no such Office or Inquisition found, and as they should or lawfully might or ought to have done, in case such Lease, Interest or Copy of Court roll, Rent, Common, Office, Fee, or profit apprendre had been found in such Office or Inquisition, any Law, Custom or Vsage to the contrary heretofore used in such cases, in any wise notwithstanding. And also where it is or shall be found for the King, his Heirs or Successors, that the Heir or Heirs of his Tenant or Tenants, is or shall be within Age, where indeed such Heir or Heirs is or shall be at the same time of full Age, or of more or greater Age than is or shall be contained within such Office- Be it further Enacted by the Authority aforesaid, That in every such case such Heir and Heirs shall and may at his or their very full age or after, prosecute a Writ of Aetate probanda, and sue his or their Livery or Ousterlemain as his or their cases shall lie, and have the profits of his or their Lands, Tenements or Hereditaments, from the time of his or their very full Age, any such untrue Office or Inquisition, or any Law or Custom to the contrary in any wise notwithstanding. And also where one person or more is or shall be found Heir to the Kings Tenant by Office or Inquisition, where any other person is or shall be Heir, or if one person or more be or shall be found Heir by Office or Inquisition in one County, and another person or persons is or shall be found Heir to the same person in another County, or if any person be or shall be untruly found Lunatick, Idiot or dead; Be it Enacted by the Authority aforesaid, that every person and persons grieved or to be grieved by any such Office or Inquisition, shall and may have his or their Traverse to the same, immediately or after, at his or their pleasure, and proceed to tryal therein, and have like remedy and advantage as in other cases of Traverse upon untrue Inquisitions or Offices found, any Law, Vsage or Custom to the contrary in any wise notwithstanding. And further, Be it Enacted by the Authority aforesaid, that where any Inquisition or Office is or shall be found by these words or like, quod de quo vel de quibus tenement. praedict. tenent. ju • ator praed. ignorant, or else found holden of the King per que servic. ignorant, or such like, that in such case such Tenure so uncertainly found, de quo vel de quibus tenement. praed. tenent. ignorant. shall not be taken for any immediate tenure of the King, nor such tenure so found of the King per que servicia ignorant. shall not be taken any tenure in capite, but in such Cases a Writ of melius inquirendum, to be awarded as hath been accustomed in old time, any usage of later time to the contrary notwithstanding; but if upon the melius inquirendum it shall be found by these words or the like viz. de quo vel de quibus tenementa praedict. tenentur jurator. ignorant, or a tenure found of the King per que servicia ignorant, then in both these cases the same shall be held to be a tenure in Capite by Knights service, until such Offices shall be avoided by travers or otherwise. And be it further Enacted by the Authority aforesaid, that where it is or shall be found by any Office or Inquisition, that any Lands, Tenements or Hereditaments, are or shall be descended, remained or come to any Heir within age and in the Kings Ward, or that ought to be in the Kings Ward, and that such Lands, Tenements or Hereditaments are holden of the King immediately, where in Deed the same are or shall be holden of some other common person, and not of the King immediately: That in such case such Heir or Heirs shall and may have their Traverse to the same within age, and like remedy and restitution upon his or their title found or judged for him or them therein, as hath been accustomed and used in other cases of Traverses, any Law, Vsage or Custom to the contrary in any wise notwithstanding. Also where the Kings Majesty by his Prerogative ought to have as well such Lands and Tenements as be holden of other persons, as holden of himself immediately, whereof his Tenant holding of him in chief dieth seised, his Heir being within Age, untill such time as Livery be sued by such Heir, and that the mean Lords of whom the said other Lands and Tenements of such Heir be holden used to spare the Rents due to them for the same Lands or Tenements, holden of them during the Kings possession, and when such Heir hath sued his or their Livery, they use by distress or otherwise to compell the same Heir to pay to them the Arrearages of such Rents, for such time as the said Lands or Tenements were in the Kings possession by such minority where they should have sued by petition to the Kings Majesty, to have obtained the fame out of the Kings hands, if they would have the same, which is to the great detriment, loss and hindrance of such Heir and Heirs; for redress whereof, Be it Enacted by the Authority of this present Parliament, That from henceforth such mean Lords during such minority shall have, receive and take such Rents by the hands of such of the Kings Officers, Lessees o • Committees, as shall be appointed to have, receive and take the issues, rents and profits of the same Lands and Tenements so holden of such mean Lord during the minority and non-age of such Heir and Heirs, and untill such Heir and Heirs sue his or their Livery, and that such Heir and Heirs until such time as he or they shall have sued their Livery, or might conveniently have sued their Livery, shall be thereof clearly discharged, and that such Officer or Officers, Lessees or Committees, shall upon request made, pay the same to such mean Lords, they giving to such Officer, Lessee, or Committee, a sufficient Acquittance or Acquittances for the receipt of the same, and that such payment thereof made with Acquittance or Acquittances thereof shewed, shall be to such Officers a sufficient Discharge in that behalf, any law, usage or custom heretofore had or used to the contrary notwithstanding. Provided always, and it is Enacted by the Authority aforesaid, That this Act or any thing therein conteined, shall not in any wise extend to any Inquisition or Office taken or found at any time before the end of this present Parliament, nor to hinder, prejudice or take away the title, interest or possession of our Sovereign Lord the King, or of any other person or persons grown or comen by virtue, mean or occasion of any Inquisition or Office taken or found before the same time, but that as well our said Sovereign Lord the King as all other person and persons having any Title, Estate, or Possession, by virtue, mean, or occasion of any inquisition or office found before the same time, shall and may have, hold and enjoy the same in like manner and form, as though this Act had never been had or made, any thing in the same Act to the contrary in any wise notwithstanding. Provided always, and it is Enacted by the Authority aforesaid, That in all such cases as any person or persons shall be enabled by this Act to have any Traverse, that then he or they, that shall pursue such Traverse, shall first exhibit his or their Bill in his Majesties Court of Wards and Liveries, thereby praying to be admitted to the same, and being thereunto admitted by the said Court, shall and may then proceed to his traverse, and not otherwise, any law, usage or custom to the contrary notwithstanding. Provided also, and it is Enacted by the authority abovesaid, That if after any judgment shall be given upon any Traverse that shall be tendered or sued by virtue or mean of this Act, it shall appear by any matter of Record, that the King hath any other former Title, Right or Interest, to the Mannors, Lands, Tenements or other Hereditaments, mentioned in the same Traverse, that then the same Title, Right and Interest, shall be saved to the King, the said Traverse and iudgment there upon given any wise notwithstanding.

CHAP. V. An Act against Discontinuances of Writs of Error in the Court of Exchequer, and for the better expedition in giving judgment therein.

WHereas by an Estatute made within the Kingdom of England, in the One and thirtieth Year of the Reign of King Edward the Third, It is Enacted that upon complaint concerning error made in the Exchequer, touching the King or other persons, the Lord Chancellour and Lord Treasurer shall do to come before them in any Chamber of Council nigh the Exchequer the Record and process of the Exchequer, and taking to them such Iustices and other sage persons, as to them shall be thought meet, shall hear and determine such errors, as by the said Estatute more at large appeareth; And whereas those two being great Officers of the Realm are imployed not onely in their several Offices and places of Iustice elsewhere, but also for other weighty affairs of this Realm in Council attendant on the person of the King's Lievtenant, or other chief Governour, and otherwise, and many times upon sudden warning are called away in such wise, as they both many times, and sometimes neither of them can be present in the Exchequer at their day of adjournment, or other proceedings in such suit of error, and then by not coming of them at the day of adjournment or other times of proceeding, every such Writ of error depending, is by the Laws of this Realm discontinued, or the party cannot proceed but must begin his suit of new, to the great loss of the party, and hindrance of Iustice: For remedy whereof, be it Ordained and Enacted by the Kings most Excellent Majesty, the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled, and by Authority of the same, that upon complaint of such errors in the Exchequer the Lord Chancellour, and Lord Treasurer or in his absence the Vice-Treasurer shall have power by this Act to hear and determine such errors as by the said Statute the Lord Chancellour, & Lord Treasurer were appointed to hear & determine: that the not convening of the Lord Chancellour and Lord Treasurer or either of them at the day of Adjournment in any such suit of error depending by virtue of the said former Estatute, shall not be any discontinuance of any such Writ of error, but if both the chief Iustices of either Bench, or any one of the said great Officers, the Lord Chancellour or Lord Treasurer, or the Vice-Treasurer shall come to the Exchequer Chamber, and there be present at the day of Adjournment, in such suit of error it shall be no discontinuance, but the suit shall proceed in Law to al • intents and purposes, as if both the Lord Chancellour and Treasurer had comen and been present at the day and place of Adjournment, and also that judgment shall and may be given by the Lord Chancellour, Lord Treasurer or Vice-Treasurer in absence of the Lord Treasurer, and in the presence and by the advice of both the Chief Iustices of either Bench, in every or any such suit or Writ of error, and that all and every such judgments so hereafter to be given, shall be good, valid and effectual in the law to all intents and purposes.

CHAP. VI. An Act for strengthning of Letters Patents past and to be past, upon any of His Majesties Commissions of Grace for the Remedy of defective Titles, &c.

WHereas the Kings most Excellent Majesty in his special care, grace and goodness towards his loving Subjects of this his Kingdom of Ireland, of his own meer and free motion hath of late granted divers Commissions usually called Commissions of Grace for remedy of defective Titles within this Realm for securing the Estates and Possessions, or pretended or reputed Estates and Possessions of his said Subjects, And whereas divers Lands and Hereditaments, have been past or mentioned to have been past, by sundry new Letters Patents respectively upon some one or more of the said Commissions, and some Letters Patents have been past at divers times to one and the same persons, bodies politick or incorporate, of one and the same things, for their more security as well upon some one or more of the said former Commissions, as after upon the later Commission of Grace bearing date at Canterbury in the Realm of England, the first day of September in the Fourteenth year of his said Majesties Reign, and whereas also a great part of the Lands and Hereditaments within this Kingdom, which are not yet past upon any of the said Commissions of Grace, and some part of those lands and Hereditaments which are already past, or mentioned to have been past upon some of the said former Commissions of Grace, but not upon the later, may hereafter be past either upon the now Commission of Grace, or upon some other like Commission or Commissions which hereafter shall or may be granted; and whereas likewise his most Sacred Majesty hath been graciously pleased to secure his said Subjects estates, or pretended, or reputed estates past or to be past as aforesaid, or mentioned to be past upon the said Commissions, or some or any of them, by diverse advantagious Statutes Enacted here the last Parliament in the Tenth year of his prosperous Reign; and whereas his Highness in his further Princely care and abundant Favour and Grace towards his good and loving Subjects of this Realm for the better securing of their several Estates and Possessions and pretended or reputed Estates and Possessions, is graciously pleased now that it be Enacted, And be it Enacted by the Kings most Excellent Majesty, the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same that all and every Letters Patents which are already past or hereafter shall be past under the great Seal of this Kingdom of Ireland of any Castles, Honors, Mannors, Towns, Villages, Hamlets, Lands, Tenements, Franchises, Liberties, Immunities, or other Hereditaments, Spiritual or Temporal, within this Kingdom, of what nature, quality, kind or sort soever, by virtue or pretence of or reference unto any Commission of Grace now in being, or hereafter to be within this Kingdom or any other former Commission or Commissions, granted since the beginning of his now Majesties Reign, to any person or persons, bodies politick or incorporate, Spiritual or Temporal, other than those Letters Patents, past, or hereafter to be past, at diverse times, of one and the same things or of one and the same and other things, to one and the same persons, Bodies politick or incorporate their Heirs Successors, Executors, or Assigns respectively, or to their or any of their use or uses, or in trust for them, or any of them, or with Remainder or Remainders over or otherwise by virtue or pretence of, or reference unto any such former and later Commission or Commissions of Grace, or which hereafter shall or may be past, by virtue or pretence of, or reference unto the Commission of grace now in being or any other Commission of Grace hereafter to be and likewise all and every Clause Article, Sentence, Word, matter and thing in every of the said Letters Patents contained or mentioned or to be contained or mentioned respectively, other than in the said later Letters Patents, shall be by authority of this present Parliament Enacted, and to be and shall be deemed, and adjudged to be good, sufficient, effectual, and indefeazable to all intents, constructions and purposes in manner following (that is to say) for and concerning all and every the Lands, Liberties, Franchizes, Immunities, and other Hereditaments and Premisses, whatsoever lying or being within every or any of the late Plantations within this Kingdom made by our late Soveraign Lady Queen Elizabeth, our late most gracious Lord King James, and made or to be made by the Kings most Excellent Majesty that now is, or by any of them as well against his Majesty his Heirs and Successors as against all and every other person, and persons Bodies politick and incorporate aswell Spiritual as Temporal whatsoever; And for and concerning all the rest of the Premisses against his Majesty his Heirs and Successors onely notwithstanding any defect whatsoever, or any Statute, Ordinance, Law Cause, matter, or thing, which might or may any way impeach, infeeble, avoid or destroy any of the said Letters Patents in all or any point or points whatsoever for and according to such, and the same Estate, and Estates, with Remainder and Remainders over or otherwise, and to such and the same use and uses, and in such and the same manner and form according to the true meaning and purport of every of the same Letters Patents as are or shall be Limited Mentioned or declared in every of the Letters Patents aforesaid respectively, And that aswel all and every such Patentee and Patentees as those in remainder limited or declared, in or by such Letters Patents, their and every of their Heirs, Successors, Executors, Administrators, and Assigns, and every of them respectively from and immediatly after the new passing or sealing of every or any such Letters Patents past or to be past as aforesaid shall and may thenceforth peaceably and quietly have, hold, posses and injoy, all and singular and every the Lands, Tenements, Hereditaments, and other the Premisses lying or being within all and every, or any of the Plantations aforesaid and specified or mentioned in any of the said Letters Patents to have been granted or hereafter to be granted, or mentioned to be granted as aforesaid as well against his Majesty his Heirs and Successors as against all and every other person and persons Bodies politick and incorporate Spiritual and Temporal whatsoever, and all other the Lands, Tenements, Hereditaments, and Premisses mentioned to have been granted or hereafter to be granted, or mentioned to be granted in any of the said Letters Patents as aforesaid onely against his Majesty his Heirs and Successors for such Estate and Estates with Remainder and Remainders over or otherwise and to such use and uses, and in such manner and form as are, or shall be limited, mentioned, or declared in every of the said letters patents respectively, freed and discharged of and from and all Rents, sums of money, Conditions, Covenants, Incumbrances, and Demands whatsoever, other than the Rents, Reservations, Services, Conditions, Covenants, and Charges, which are, or shall be reserved, or saved or mentioned to be reserved or saved in or by every of the said Letters Patents respectively. And concerning such Letters Patents as have already been past or hereafter shall be past diverse times of one and the same things or of one, and the same and other things to one and the same persons, Body Politick, or incorporate their Heirs, Successors, or Assigns respectively, or to their or any of their vse or vses or in trust for them, or any of them, or with Remainder or Remainders, over or otherwise, by virtue, or pretence of or reference unto any such former and later Commission and Commissions of Grace, or which hereafter shall or may be past by virtue of pretence of or reference unto the Commission of Grace now in being or any other Commission of Grace hereafter to be; Be it Enacted by the Authority aforesaid that onely the later of such Letters Patents, and all and every Clause, Article, Sentence, Word, matter and thing in every such later Letters Patents conteined or specified, or to be conteined or specified, be and for ever shall be deemed and adjudged to be good sufficient, effectual and indefeazable to all intents, Constructions and purposes in manner and form following (that is to say) for and concerning all and every the Lands, Liberties, Franchises, Immunities, and other Hereditaments, and premisses whatsoever in such later Letters Patents conteined or specified, or to be conteined or specified lying or being within every or any the late Plantations made by our late Sovereign Lady Queen Elizabeth, our late most gracious Lord King Iames, and made or to be made by the Kings most Excellent Majesty that now is, or by any of them aswel against his Majesty his Heirs and Successors, as against all and every other person and persons, Bodies politick and incorporate aswel Spiritual as Temporal whatsoever, and for and concerning all the rest of the Premisses in such later Letters Patents contained or specified already made or hereafter to be made, against his Majesty his Heirs and Successors onely, notwithstanding any defect whatsoever, or any Statute, Ordinance, Law, Cause, matter or thing which might or may any way impeach, infeeble, avoid, or destroy any of the said later letters patents in all or any point or points whatsoever, for and according to such and the same Estate and Estates with Remainder and Remainders over or otherways, and to such and the same use and uses, and in such and the same manner and form according to the true meaning and purport of every of the same later Letters Patents as are, or shall be limited, mentioned, or declared respectively in every of the said later letters patents, and that aswel all and every such later Patentee and Patentees as those in remainder limited, or declared in or by such later letters patents, their and every of their Heirs Successors, Executors, Administrators, and Assigns respectively from and immediatly after the new passing or sealing of every or any such later letters patents past or to be past (as aforesaid) shall and may thenceforth peaceably and quietly have, hold, possess, and enjoy all and singular the Lands, Tenements, and Hereditaments, and other the premisses lying or being within all and every or any the Plantations aforesaid, and specified or mentioned in any of the said later Letters Patents to have been granted or hereafter to be granted, or mentioned to be granted as aforesaid as well against his Majesty his Heirs and Successors as against all and every other person and persons, Bodies politick and incorporate, Spiritual and Temporal whatsoever, and all other the Lands, Tenements, Hereditaments and Premisses mentioned to have been granted, or hereafter to be granted or mentioned to be granted in any of the said later Letters Patents (as aforesaid) onely against his Majesty, his Heirs and Successors for such Estate, and Estates, with Remainder and Remainders over or otherwise, and to such use and uses, and in such manner and form as are or shall be limited, mentioned, or declared in every of the said later Letters Patents respectively, freed and discharged of and from all Rents, sums of money, Conditions, Covenants, Incumbrances and demands whatsoever, other than the Rents, Reservations, Services, Conditions, Covenants, and charges which are, or shall be reserved, or saved or mentioned to be reserved or saved, in or by every of the said later Letters Patents respectively, and likewise that every tenure now or heretofore mentioned, or hereafter to be mentioned in any Letters Patents already made, or hereafter to be made, or in any other Record or Records to be of the King by Knights Service in capite, or by Common Knights Service and not in capite, or de capitalibus Dominis, if the same prove to be a tenure of the King by Knights Service in capite, or by Common Knights Service and not in capite, wherein no mention is or shall be made by what part of a Knights Fee, the same tenure is or shall be by the Authority aforesaid Enacted and be declared, explained and adjudged to be a tenure in capite, by one whole Knights Fee onely, if the Land and Hereditaments mentioned or to be mentioned in the same Letters Patents, or other Record or Records to be held by either of those tenures amount unto the clear yearly value of four hundred pounds English money, and no more, and so pro rata more or less according to the clear yearly value of the Lands, or Hereditaments, held or to be held, by such tenure or tenures; provided always that the reliefs of Dukes, Marquesses, Earls, Viscounts, and Barons, shall be and continue as antiently they have been before the making of this Act. And be it further Enacted, Adjudged, and Declared, by the Kings most Excellents Majesty and Authority aforesaid that his said Majesty, his Heirs and Successors respectively be and shall be deemed, adjudged seised and vested in the actual and real seisin and possession of a good lawful indefeazable and absolute Estate to him or them, his or their Heirs, and Successors, in right of his and their Imperial Crown of and in all and singular and every the Castles, Honours, Mannors, Towns, Villages, Hamlets, Lands, Tenements, and Hereditaments, scituate, lying or being in the several Counties of Tyrone, Ardmagh, Donegal, Fermanagh, Cavan, Letrim, and Longford, and likewise of all the several Territories, precincts of Land and Countries commonly known or called by the name or names of, Ely O Carrol, alias O Carrols Country, Fercal, alias O Molloies Country, Kilcoursie, a • ias Foxes Country, Delvin Coghlan, alias in Coghlans Country, in the Kings County upper Ossory, alias Mac GilPatricks Country, and • regan, alias O Doynes Country, in the Queens County, the Murrowes, Ki • hobuck, Clamhenrick, Fer • anhaman, Killekeel, alias Mac Vadocks Country, Kilecoolenelin, alias Coolenelem, alias Mac Morris his Country, Kenshelaghs, Macdamores Country, and Brackenagh in the County of Wexford, Ranelagh, alias Conleranel the Birns Country, Cosha, Shillela and the Fertry, alias Farter in the County of Wickloe, and Idough, alias Odough, alias Brenan in the County of Kilkeny, and also of all the several Towns, Villages, Hamlets, Lands, Tenements, and Hereditaments known, esteemed, reputed, or usually called plantation lands, in or near the Territories or Countries of Cloncolman alias O Melaghlins Country in the County of Westmeath, and in or near the territory and Country of Farran O Neal in or near the County of Wexford, and of and in the Towns, and Lands, of Tourboy, in or near the Territory of Ranelagh aforesaid, and also of all and singular the Castles, Honours, Mannors, Towns, Villages, Hamlets, Lands, Tenements, and Hereditaments, in the several Counties of Watersord, Cork, Limerick, Kerry, and Typerary, usually called, or reputed as Plantation Lands or heretofore past or mentioned to have been past by Letters Patents to any Brittish undertaker or undertakers by birth, bloud, or descent, their Heirs or Assigns respectively as Plantation Lands, at every such time and times respectively whensoever any of the same before mentioned Castles, Honors, Mannors, Towns, Villages, Hamlets, Lands, Tenements, and Hereditaments, shall be within the space of five years next ensuing the end of this present Session of Parliament new passed, granted, confirmed, released or assured or mentioned to be new passed, granted, confirmed, released or assured to any person or persons Bodies politick or incorporate Spiritual or Temporal respectively by Letters Patents under the great Seal of this Kingdom by virtue or pretence of or reference unto any such Commission of Grace now being or hereafter to be within this Realm being either former Patentees or reputed Inheritors or proprietors or by former Assignation, Distribution or appointment have taken the profits thereof, their Heirs, Successors, Executors, Administrators, or Assigns respectively, or being some person or persons in trust for them, or any of them, or nominated or appointed or to be nominated, or appointed, to be trusted for them or any of them, and that from and immediately after the passing or sealing, of every, or any such Letters Patents in manner last before specified to any of the said person or persons, Bodies politick or incorporate, that as well all and every such Patentee and Patentees, as those in remainder limited, or declared in or by such Letters Patents their and every of their Heirs, Successors, Executors, Administrators, and Assigns and every of them respectively, shall and may for ever thenceforth peaceably and quietly have, hold, possess, and enjoy all and singular the same Castles, Honours, Mannors, Towns, Villages, Hamlets, Lands, Tenements, and Hereditaments, before specified which shall be granted, confirmed, released, or assured or mentioned to be granted, confirmed, released, or assured as aforesaid for such, and the same Estate and Estates with Remainder and Remainders over, or otherwise, and to such and the same use and uses, and in such and the same manner and form as shall be limited, mentioned, or declared, in every of the said Letters Patents, respectively to be made as aforesaid, aswel against his Majesty, his Heirs and Successors, as against all and every other person and persons Bodies politick and incorporate, aswel Spiritual as Temporal whatsoever, freed and discharged of and from all Rents, sums of money, Conditions, Covenants, Incumbrances, and demands whatsoever, other than the Rents, Reservations, Services, Conditions, Covenants, and charges which shall be reserved, or saved or mentioned to be reserved or saved in or by every of the said Letters Patents respectively, and that all and every the said Letters patents aswel of all and every of the same last before specified Castles, Honours, Mannors, Towns, Villages, Hamlets, Lands, Tenements, and Hereditaments, as of all and singular the residue of the premisses before mentioned, and every part thereof, and all and every Clause, Article, Sentence, Word, Matter and thing, in them and every of them conteined or specified, or to be conteined or specified, shall be always taken, construed, and expounded, most liberally and beneficially for the best advantage, benefit, and availe, of all and every such patentee and patentees, and those in Remainder and Remainders, or otherwise limited or declared in or by such Letters patents, their and every of their Heirs, Successors, Executors, Administrators, and Assigns, and every of them respectively, against his Majesty, his Heirs and Successors for ever. And be it further Enacted, adjudged, and declared by the authority aforesaid, that no words of Covenant, pact, agreement, or Command, nor any Clause, Sentence, Article, or Words purporting in substance a Covenant, pact, agreement, or command, mentioned or to be mentioned, in any the aforesaid Letters patents past or to be past by virtue or pretence of or reference unto any of the Commission or Commissions aforesaid, shall be construed or expounded as a proviso or condition, and that the breach thereof or the doing of any Act contrary to any thing commanded, agreed or covenanted for, in or by any clause, article, sentence, or words in any such Letters Patents, or the not doing or misdoing of any thing therein or thereby required, or enjoyned, shall not give cause either of avoidance or impeachment of any of the same Letters Patents in part, or in the whole or of fine, imprisonment, or other punishment of the parties delinquent, or of any other forfeiture, penalty, or loss, but onely that his Majesty, his Heirs and Successors may recover such his or their reasonable damages for the same by action of covenant in any of his Majesties Courts, or English Bill in the Court of Exchequer here, as in case of Breach of Covenant are usual to be awarded or given in actions of Covenants brought at the common Law, in any of the ordinary Courts of Iustice for or upon like breach, omission, or not doing, or misdoing (as aforesaid) and no more nor otherwise; Provided always that this last clause, or any therein contained shall not bar his Majesty his Heirs or Successors, of any entry or reseisure for breach of any express condition in any the said Letters patents expressed; And be it further Enacted, and declared by the Authority aforesaid that aswel this present Act made for the strengthning of Letters patents as also the three several former Acts Enacted to the same or like purpose the last Parliament in the tenth year of his Majesties now prosperous Reign, one whereof is Intituled, An Act for confirming of Letters Patents hereafter to be past upon his Majesties Commission of Grace for remedy of defective Titles, another is An Act of Explanation of the former Statute last before mentioned, and the third Intituled, An Act for securing of the Estates of the Undertakers, Servitors, natives, and others holding Lands, Tenements or Hereditaments in all and every the Plantations made by our late Sovereign Lady Queen Elizabeth, or by our late most gracious Lord King James, or the Kings most Excellent Majesty that now is, in the several Counties of Cork, Waterford, Limerick, Kerry, Tipperary, Wexford, Wickloe, Kings County, Queens County, Westmeath, Letrim, Longford, Tyrone, Ardmagh, Donnegal, Fermanagh, Cavan, and Londonderry; And all and every Clause, Article, Sentence, Word, Matter, and thing, in these Acts and every of them, conteined, or expressed, shall be expounded and construed most strong against his Majesty his Heirs, and Successors, and most favourably, liberally, and beneficially, to all intents and purposes for the best advantage, benefit and avail of every such patentee and patentees, and those in remainder or use or uses, limited or declared in or by such Letters patents, their and every of their Heirs, Successors, Executors, Administrators, and Assigns, and every of them respectively to whom any Letters patents have been passed or hereafter shall be past by virtue or pretence of, or reference unto any such Commission or Commissions of grace in manner before expressed; provided nevertheless and be it Enacted by the Authority aforesaid that this Act nor any thing therein contained shall not any wise bar or prejudice the Right or Title of any Arch-Bishop, Bishop, Dean, Chapter, Arch-Deacon, Dignitary, Prebendary, Parson, Vicar, or other Spiritual, or Ecclesiastical person to any Mannors, Lands, Tenements, or Hereditaments, being the Inheritance and possession of their respective Churches, or Benefices.

CHAP. VII. An Act concerning Clergy.

FOrasmuch as heretofore some doubt hath been conceived whether the allowance of Clergy in case of Fellony do in Law acquit the Fellon of all other Fellonies by him formerly committed, for the clearing of which doubt; Be it Enacted and declared by the Kings most Excellent Majesty with the Assent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by Authority of the same, that all and every person and persons which shall hereafter be admitted to have the benefit of his or their Clergy shall notwithstanding his or their admission to the same be put to answer to all other Fellonies whereof he or they shall be hereafter indicted or appealed, and not being thereof before lawfully acquitted, convicted, attainted, or pardoned, and shall in such manner and form be arraigned, tryed, judged and suffer such Execution for the same, as he or they should have done, if as Clerk or Clerks convict, they had been delivered to the Ordinary, and there had made his or their purgation.

CHAP. VIII. An Act for punishing of Offenders within the County of Dublin, and County of the City of Dublin against the Act for Keepers of Alehouses to be bound by Recognizance.

WHereas in the late Parliament held in this Kingdom in the tenth year of his Majesties Reign that now is, there was a good and profitable Law made, intituled, An Act for Keepers of Alehouses to be bound by Recognizance: Which Law hath not wrought that good effect within the County of the City of Dublin, and County of Dublin, that was expected, for that the said Statute directeth that every person or persons offending against the same should be proceeded against and punished either before the Lord Deputy or other chief Governor or Governors, and the Council of State for the time being, or in his Majesties Court of Exchequer or before the Iustices of Assize at their general assizes, and for that few or none of the Offenders against the Statute have been prosecuted before the Lord Deputy and Council, or in his Majesties Court of Exchequer, for that the proceedings in the said Courts are not of so ready dispatch as the presentments befo • e the Iustices of Assize, and for that there are no Iustices of Assize which do ride within the County of Dublin, or within the County of the City of Dublin, Be it therefore Enacted by the Authority of this present Parliament, that all and every person and persons dwelling within the County of Dublin or the County of the City of Dublin, offending contrary to the form of the said Statute, shall be proceeded against and punished either before the Lord Deputy or other chief Governour or Governours, and Council of State there for the time being, or in his Majesties Court of Exchequer, or before the Iudges of his Majesties Court of Kings Bench or chief place, or before his Majesties Iustices of the peace at the Quarter Sessions, of the said several Counties, who shall have full power and Authority to hear and determine the same, And to the intent the said Law may the better be put in Execution, It is further Enacted by the Authority aforesaid that the Informer which shall cause such presentments, and Informations to be made and prosecuted with effect, shall have the third part of such Fine, as shall be imposed upon such as shall offend, contrary to the purport of the said Statute.

CHAP. IX. An Act to discharge and free true Men from all forfeitures for Killing such as attempt to Rob or Murther them.

FOrasmuch as it hath been questionable that if any evil disposed person or persons, do attempt felloniously to rob or murther, any person or persons in or near any Common highway, Cartway, Horsway, or Footway, or in their Mansions, Messuages, or dwelling places or grounds, or that felloniously do attempt to break any dwelling Houses, in the night or day time should happen in his or their being in such their fellonious intent and attempt to be slain by him or them whom the said evil doerrs should so attempt to rob, or murther: or by any person or persons being with them in their said dwelling Houses, which the same evil doers should attempt Burgularly, or felloniously to break by night, or by day, whether the said person happening in such Case to slay any such person so attempting to commit such murther, Robbery, or Burglary, should for the death of such evil disposed person forfeit or loose his goods and Chattels for the same, as any other person should do that by chance medly should happen to kill or slay any other person or in his or their defence, for the declaration of which ambiguity and doubt. Be it Enacted by our Sovereign Lord the King, with the assent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by the Authority of the same, that if any person or persons at any time hereafter be Indicted or appealed of or for the death of any such evil disposed person or persons attempting to murther or rob as aforesaid or Burgulariously or felloniously to break any Mansion Houses as is abovesaid that the person or persons so indicted or appealed thereof, and of the same by verdict so found and tryed shall not forfeit or loose any Lands, Tenements, Goods, or Chattels, for the death of any such evil disposed person in such manner slain; but shall be thereof, and for the same fully acquitted and discharged in like manner as if the same person or persons, shoul be if he or they were lawfully acquitted of the death of the said evil disposed person or persons.

CHAP. X. An Act for remedy of errors and defects in Fines and Common Recoveries heretofore leavied acknowledged and suffered.

FOrasmuch as Fines and Common Recoveries are the best and highest assurances which the Law hath provided for securing of mens Estates, in Lands, Tenements, and Hereditaments, and that partly by reason of the Common Calamity of Wars which for many years disturbed the peace and prosperity of this Kingdom, and partly by reason of the negligences and misprisions of Clerks and Officers in writing engrossing, and prosecuting of such Fines and Recoveries, and the careless keeping of the Records thereof many errors and defects have passed and overslipt therein to the great danger of the shaking and weakning of such assurances and Estates contrary to the true meaning of all parties thereunto, for reformation whereof; Be it Enacted by our Sovereign Lord the Kings most Excellent Majesty, the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, that no Fine Proclamations upon fines or common Recovery had, leavied, suffered, or passed before the first day of Easter Term, in the first year of the Reign of the Kings most Excellent Majesty that now is, where the possession of the Lands, and Hereditaments, therein mentioned hath been enjoyed according to the said Fine or Recovery, or the Indentures or other writings declared the uses thereof, shall be reversed by any writ of error but shall be deemed and adjudged good and effectual in Law, as if the same had been duely and legally acknowledged had leavied, suffered and passed, in all and every the parts thereof; any error or defect in matter of Fact or Law whatsoever, or any Law, Statute, Ordinance, or Provision whatsoever to the contrary in any wise notwithstanding: provided always that this Act or any thing therein contained shall not extend unto any Fine or Fines, Proclamations upon Fine or Fines or common Recovery or Recoveries, whereof any writ or writs of error, is or are already brought before the first day of February last and now depending in his Majesties Court of chief place here, or Kings Bench in England, for reversing or making void of any fines or common Recoveries; Provided further that if any person or persons which are or shall be intituled unto any writ or writs of error, for the reversal of any such Fine or Fines recovery or recoveries be or were within the Age of one and twenty years Feme covert, non compos mentis, imprisoned or beyond the Seas, the said first day of Easter Term in the said first year of his now Majesties Reign or at any time sithence, that then such person or persons shall be at liberty to bring their writ or writs of error so as they bring the same within three years after the end of this Session of Parliament or within five years next after he or they shall attain their full Age, discovertures coming of sound mind, inlargement out of prison, or coming into this realm.

CHAP. XI. An Act for Endowing of Churches with Gleab Lands.

WHereas all Beneficiaries with Cure especially Viccars are bound to perpetual residence and yet through the War and confusion of former times in this Kingdom the Ancient Gleabs in many places are so obscured that they cannot be found out: by which means the incumbents are necessitated to perpetual non residence, Be it therefore Enacted by the King most Excellent Majesty the Lords Spiritual and Temporal, and Commons in this Parliament Assembled, and by Authority of the same, that it shall be lawful for any devout person without licence of Mortmain to endow Churches having no Gleabs, or not above ten Acres of Gleab with new Gleab, provided that the Gleab of any one Church so endowed do not exceed forty Acres at the most and that the said Lands be not holden in capite, or by Knights service.

CHAP. XII. An Act concerning twentieth parts and other sums of mony payable by persons Ecclesiastical.

WHereas it was Enacted and ordeyned amongst other things in a Parliament holden at Dublin, in the eight and twentieth year of King Henry the eight that if any summ of mony being once due by any Incumbent of any dignity, benefice or promotion Spiritual in the name of a twentieth part, being lawfully demanded, were not truly contented, and paid to such person or persons as should have the charge of the Collection thereof or their Officers and Ministers at the time of the demand, or within forty days after, that then every such Incumbent after such default certified into the Kings Exchequer in writing, under the Seals of such person or persons as are charged by the said Act with the collection of the said Annuall pension, should be adjudged deprived (ipso facto) of all such dignities, benefices and promotions Spiritual as he should have at the time of such certificate to be made or at any time after, so that all such dignities, benefices or promotions should be clearly void of Incumbents in the law to all intents and purposes as if the said Incumbent were indeed dead, which Act being fitted and accomodated to the state of those times to take away the forreign dependance of the Clergy, is become a means often to deprive Patrons of their right of presentation, without any default of theirs, the Ordinary not being bound to give notice to the Patron, in case of any such omission, & for that a meer omission in the Incumbent deserveth not to be so rigorously punished, Be it Enacted by the Kings most Excellent Majesty with the Assent of the Lords Spiritual & Temporal and Commons in this present Parliament Assembled, and by the Authority of the same, that the omission or not payment of the said twentieth parts, Annual Rent, pension, or sum of money after the last day of this present Session shall be no deprivation nor cause of forfeiture or deprivation of any such Incumbent, But that every such Incumbent so failing in the payment of the said Annual Rent or pension shall forfeit to his Majesty for his omission as (nomine poenae) the triple value of such twentieth part, Annuall Rent, pension or sum of money as he ought by virtue of the said former Act to have paid and failed in the payment thereof, the said former Act or any thing therein conteyned to the contrary notwithstanding.