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COUNTY PALATINE OF TIPPERARY ACT 1715
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CHAP. VIII.
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An Act for extinguishing the regalities and liberties of the county of Tipperary, and Cross-Tipperary, commonly called the county Palatine of Tipperary; and for vesting in his Majesty the estate of James Butler, commonly call’d James duke of Ormond; and for giving a reward of ten thousand pounds to any person, who shall seize or secure him, in case he shall attempt to land in this kingdom.
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Letters patent 22 April 14 C. 2. to duke of Ormond, confirmed by flat. 14 & 15 C. 2. 20.
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James Butler duke of Ormond attainted by act in G. Britain. 1 G. 1. 17. flat. 2.
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All regalities, &c. in said letters patent or act annulled for ever.
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WHEREAS his late Majesty King Charles the second by letters patents, dated the twenty second day of April in the fourteenth year of his reign, did grant unto James then duke of Ormond, and to the heirs males of his body, divers liberties, regalities, franchises, and jurisdictions of and in the county of Tipperary and Cross-Tipperary, and for default of such issue to the heirs male of the body of Peter Butler, formerly earl of Ormond and Ossory; which letters patents were afterwards confirmed by an act of Parliament, made in this kingdom in the fourteenth and fifteenth years of the reign of the said King: and whereas James Butler, now or lately called or known by the name of James duke of Ormond, is heir male of the body of the said James duke of Ormond, his grand-father; and also heir male of the body of Peter, formerly earl of Ormond and Ossory: and whereas the said James Butler by act of Parliament, made in Great-Britain, stands attainted of high-treason for not rendring himself to justice at or before the tenth day of September last past: be it therefore enacted and declared by the King’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 the liberties, regalities, franchises, courts of law and equity, jurisdictions, rights, powers, and authorities in the said letters patents, or act of Parliament mentioned, be, and the same are, hereby annulled, and for ever extinguished.
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Tipperary or Cross Tipperary one County.
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II. And it is hereby enacted and declared, That whatsoever has been denominated or called Tipperary, or Cross-Tipperary, shall henceforth be and remain one county for ever, under the name of the county of Tipperary.
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All lands, &c. of said duke vested in the King without office or inquisition.
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III. And be it further enacted by the authority aforesaid, That all and every the honours, mannors, baronies, castles, messuages, lands, tenements, rents, reversions, services, remainders, royalties, franchises, priviledges, rights of entry, rights of action, conditions, uses, trusts, offices, powers and authorities, commodities, emoluments, pensions, annuities, fines for leases and hereditaments, of what nature or kind soever they be, with all and singular their appurtenances, and all judgments, statutes, recognizances, securities for money, rights of redemption of mortgages, debts of record, specialties, goods and chattles, of what nature or kind soever within this realm of Ireland, whereof the said James Butler, commonly called James duke of Ormond, or any person or persons in trust for him, was or were seized, or possessed, or interested in, or intitled to, on the tenth day of September last, or at any time since, shall be and are hereby vested in your Majesty, your heirs and successors, according to such estates and interests which he or they had therein on the said tenth day of September last, or at any time since; and the same are hereby adjudged and declared to be in the real and actual possession and seizin of your Majesty, without any office or inquisition thereof to be taken or found.
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All fines, recoveries, records, &c. in courts of Tipperary removed into C. B.
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IV. And for the better preserving and securing of all records, pleas, and proceedings, heretofore had in the said courts of the county of Tipperary, hereby annulled and extinguished; be it further enacted by the authority aforesaid, That all fines and recoveries, and all the records, pleas, and proceedings in the said courts in any civil action, real, personal, or mixt, shall be removed into the court of Common-pleas in Dublin, on or before the last day of Trinity term next, there to remain and to be kept of record, together with the docket books, and minute and rule books, and all other books and papers relating to the said actions, belonging to the said courts.
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But judgments already obtained there binding.
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V. Provided always, that where any judgment is already bad or obtained in the said courts of Tipperary, that the same shall from henceforth bind or affect the lands, tenements, or hereditaments of such person or persons, against whom such judgment is so had and obtained, in such manner and form as if the records of such judgment had not been removed, and not otherwise; and execution shall be had thereon accordingly.
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and execution may be sued;
and suits there depending not to abate by said removal or attainder.
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VI. Provided also, That where such judgments shall remain unsatisfied, it shall and may be lawful to and for such person or persons, that have obtained such judgment, to take out execution by capias or fieri facias against any such person or persons, against whom such judgment is so had or obtained, in any county or place whatsoever within this realm; and that no suit or action, which was depending in any of the said courts of Tipperary on the tenth of September last, shall be abated or discontinued by such removal, or by the attainder of the said James Butler late duke of Ormond: but the said court of Common-pleas shall proceed from the time of such removal to hold plea, give judgment, and award execution thereon, as if the said action, plea, or suit, had been originally commenced in the said court of Common-pleas.
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Such judgments reversable by Error, as if obtained in C. B.
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VII. Provided always, That all such judgments, so removed as aforesaid, or pleas or proceedings, upon which judgment shall be had or obtained, shall be reversable by writ of error, in such manner as other judgments obtained in the said court of Common-pleas.
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Records, proceedings, &c. of Chancery of Tipperary removed into, and decrees executed by, Chancery.
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VIII. And be it further enacted by the authority aforesaid, That all bills, answers, pleadings, recognizances, depositions, decrees of the court of Chancery of Tipperary, and all orders, process, affidavits, and proceedings relating to any suit or suits there depending, and all the records of the said court of Chancery, shall, on or before the last day of Trinity term next, be removed into the high court of Chancery, there to remain as on record; and that such said decrees already had or obtained in the said court of Chancery of Tipperary, if not performed, shall be executed by process out of the said high court of Chancery, as if the said decree had been obtained in the same court; and that like remedy shall be had by rehearing, bill of revivor, or appeal, as if such decrees had been originally pronounced in the high court of Chancery.
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Recognisances, and sequestration on decrees so removed, extend only to lands in Tipperary.
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IX. Provided always, That recognizances acknowledged in the courts of Chancery of Tipperary, and the sequestration-process on such said decrees heretofore made, and so removed as aforesaid, shall extend only to lands, tenements, or hereditaments, in the county of Tipperary or Cross Tipperary.
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Indictments or appeals on which judgment or outlawry, removed into Crown-office;
if no judgment or outlawry, transmitted to clerk of the Crown for Tipperary, and proceeded on next assises,
no abatement by said attainder, &c.
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X. And be it further enacted by the authority aforesaid, That all indictments or appeals, on which judgment is given, or outlawry is awarded, shall, on or before the last day of Trinity term next, be removed into the Crown-office of the court of King’s Bench, there to be proceeded upon as if the same had been removed into the court of King’s Bench by certiorari; and that all indictments, on which no judgment is given, nor outlawry awarded, shall be transmitted to the person, who shall be clerk of the crown for the county of Tipperary at the next commission of goal-delivery for the said county; and the next going judge or judges of assize and commissioners of goal-delivery for the said county of Tipperary are hereby authorized and impowered to proceed upon such indictments in such manner, as is usually done on indictments found in any other county at a former assizes; and that no such indictments shall be abated by the attainder of the said James Butler late duke of Ormond, nor shall the same be quashed or impeached, because the same were found in the courts of the lord of the said regalities, or because the said facts, in the said indictments expressed, are alledged to be done against the peace of the lord of the said regality.
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Officers neglecting to remove, &c.
Penalty 300l. to King and prosecutor.
and damages to party grieved.
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XI. And be it further enacted by the authority aforesaid, That the respective officers and persons, who have the custody or keeping of all or any of the rolls, judgments, fines, recoveries, decrees, records, or proceedings aforesaid, or any matters or things by virtue of this present act to be removed or transmitted as aforesaid, shall at the respective times herein before mentioned remove, deliver, and transmit the same into the aforesaid respective courts, and in such manner and form as is herein before ordered and directed ; and that every officer or person, who shall wilfully neglect or refuse so to do, shall forfeit the sum of three hundred pounds, to be recovered in any of his Majesty’s courts of record, one half to the use of the King’s Majesty, and the other half to such person as shall inform or sue for the same, in any action of debt, suit, or information; in which no essoin, protection, or wager of law, shall be allowed, or any more than one imparlance; and that every person or persons, that shall be aggrieved by the neglect of such said officer or person, shall likewise recover his damages in an action upon the case for the same.
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Conveyances by said James Butler since 1 Aug. 1714, except bona fide for securing debts, &c. void.
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XII. And be it further enacted and declared by the authority aforesaid, That all conveyances, grants, and dispositions whatsoever, made by him the said James Butler late duke of Ormond since the first of August one thousand seven hundred and fourteen, of any of the aforesaid castles, mannors, lands, tenements, offices, goods, chattels, and other the premisses of him the said James Butler, (other than such as are bona fide made for securing just debts by him contracted, or due from him or any of his ancestors before the first day of August, which was in the year of our Lord one thousand seven hundred and fourteen, and which have not been satisfied, or for securing debts by him the said James Butler, contracted for money actually paid, goods and wares fold and delivered to, or work done or performed for, him, before the one and twentieth day of July one thousand seven hundred and fifteen, so far as to secure such debts, and for no other purpose) shall be deemed and adjudged fraudulent and void to all intents and purposes whatsoever.
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Marry his wife to hold her jointure of 2000 l. per ann. as if he was dead.
10,000 l. to be raised for his daughter Elizabeth.
550 l. per ann. to be appointed by next in remainder for securing said, portion.
Saving the rights of others.
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XIII. Provided always, and be it further enacted and declarer by the authority aforesaid, That Mary the wife of the said late duke of Ormond, notwithstanding her coverture, shall and may from the said tenth day of September one thousand seven hundred and fifteen, have, hold, receive, and enjoy the joynture of two thousand pounds per annum, provided; limitted, and secured to and for her, of, in, or out of any the lands, tenements, and hereditaments, of the said late duke, by the settlement made on her marriage, bearing date on or about the first day of August one thousand six hundred eighty five, and by two acts of Parliament made in Ireland, the one in the seventh year of the late King William the third, the other in the ninth year of the late Queen Anne, and saved and preserved to her in and by several other acts of Parliament made in England or Ireland, according to the true intent and meaning of the same; and employ, manage, and dispose thereof, for her own separate use, maintenance, and benefit; and that she and her trustee or trustees, shall and may sue for, recover, have, and take, all the remedies and advantages touching the same, as fully and effectually to all intents and purposes as she or they, might or ought to do, if the said late duke had not been attainted as aforesaid, and was actually dead; and that there shall be forthwith raised for and paid to Elizabeth Butler, the only surviving daughter of the said late duke, the film of ten thousand pounds of lawful money of Great Britain, being the portion intended to be raised for her by and out of the real estate of the said late duke; or some part thereof, by deeds dated the first of August one thousand six hundred eighty five, the sixth of May one thousand six hundred ninety five, or by the said act of Parliament made in Ireland in the ninth year of the reign of the said late Qneen, and in such manner as the same is thereby directed to be raised, and as the same might or ought to be paid if the said late duke her father had not been attainted as aforesaid, and was actually dead: and for satisfying and discharging thereof, it shall and may be lawful to and for the person and persons, who is or shall be next in remainder to the said late duke’s estate, expectant upon the decease of the said duke without issue male, to make such appointment of any part or parcel of the fee-farm rents late belonging to the said late duke, not exceeding together in the whole five hundred and fifty pounds per annum, to such person or persons as the said lady Elizabeth shall for that purpose in writing nominate or appoint, and to his or their heirs and assigns in trust for the said lady Elizabeth, her heirs and assigns, in satisfaction and discharge of the said ten thousand pounds, as the said late duke, if he had not been attainted, might by vertue of the said act of Parliament, made in Ireland in the ninth year of the reign of her said late Majesty Queen Anne, have made of one moiety of fee-farm rents amounting to eleven hundred pounds per annum; and such appointment, to be made pursuant to this act, shall be as valid and effectual to all intents and purposes, as such appointment, if the same had been made by the said late duke of such moiety before such attainder, and in the life times of the late duke of Beaufort, and the late earls of Rochester and Anglesey, in that act named, would have been, and the said late duke was now naturally dead; and that the said ten thousand pounds shall be taken to have been due and payable to her the said Elizabeth Butler on the eleventh day of September one thousand seven hundred and fifteen; and that the want of the consent of the said late duke to her marriage, in case the shall so marry, shall not in any wife prejudice her in her right to her portion; and that all and every term and terms of years of any the said lands and hereditaments granted to or vested by the said settlement, deeds, or acts of Parliament, or any of them, to commence from the death of the said late duke, for securing the said two thousand pounds per annum, or the said ten thousand pounds portion, shall be taken to commence, and are and is hereby enacted to commence, from the said tenth day of September one thousand seven hundred and fifteen, as fully as if the said late duke had been then naturally dead: saving to all and every person or persons, bodies politick and corporate, and to the heirs, successors, and assigns of every of them respectively (other than the said James Butler late duke of Ormond, and his heirs, executors, and administrators, claiming any thing in the said mannors, messuages, lands, tenements, and other the premisses, or any part thereof, only as heir or heirs, executors or administrators, and other than all and every other person or persons claiming or having any thing in the premisses, or any part thereof to his use, or in trust for him the said James, or his heirs, executors, or administrators, or by vertue of any such conveyance as is hereby declared to be fraudulent and void) all such estate, right, title, use, possession, interest, reversion, remainder, entry, conditions, fees, offices, rents, annuities, leases, commons, actions, suits, 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 the premisses, or any part thereof, at or before the said tenth day of September last, in as large and ample manner as if this act had never been made; any thing herein contained to the contrary notwithstanding.
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10,000 l. to be paid by vice-treasurer our of publick money for seising him on attempting to land,
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XIV. And be it further enacted by the authority aforesaid, That the vice-treasurer or vice-treasurers of this kingdom, or his or their deputy or deputies for the time being, shall and are hereby authorized and required, out of any money granted or to be granted by Parliament for the use of the publick, forthwith to issue and pay the sum of ten thousand pounds to any person or persons, who shall seize or secure alive or dead the person of the said James Butler, late duke of Ormond, in case he shall land or attempt to land in this kingdom.
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