for building, 8.5. treasurer or commissioners of the treasury, to grant land Leases of land for building for 99 years or 3 lives, or if in reversion not to exceed that term together with the subsisting term, where the lessees should agree to make erections of greater value than the lands; and also to grant such leases, where the greatest part of the yearly value of the pre- Or of buildings. mises should consist of buildings thereon: and this act provides (s. 5.) that it shall not be lawful to renew any lease or grant of any messuages, lands, &c. belonging to the crown for any term of years, until within 5 years of the expiration of the same, except such tenements, &c. as are hereby authorized to be granted for any term not exceeding 99 years, the leases whereof shall not be renewed until within 20 years of the expiration of the same; nor to renew any lease or grant for lives, while any life shall be in being: but to this restriction there are certain exceptions by s. 6. & 7: and this act (s. 19.) also enables the king to accept surrenders of any subsisting leases, and to make new leases of the subdivisions of the premises so surrendered. By s. 3. & 4. such rents shall be reserved upon all such leases, as shall appear to the lord high treasurer, &c. to be reasonable. And the &c. surrendered 48 Geo. 3. c. 73. E. authorizes leasing lands for gardens, 48 Geo. 3. c.73. to be used with houses built on the crown land, for any term not exceeding 99 years, so as not to exceed the Leases of lands term for which the houses or buildings to which the same for gardens. shall be attached shall be holden: But this act (s. 3.) pro s. 6 & 7. $ 19. s. 3. & 4. Leases of lands, E. s. 3. vides that in future no lease for any life or lives shall be No freehold cuted. Eng. granted of any land or ground belonging to the crown, lease to be exewith an exception only as to certain lands in the county of Huntingdon. The 26 Geo. 3. c. 87. Eng. which ap- 26 Geo.3. c.87. pointed commissioners to inquire into the state and condition of the woods, forests and land revenues of the Sale of land recrown, also provided for the sale or alienation of the fee- venues of the farm and unimproveable rents and chief rents belonging 22 Car. 2. c. 6. to the king, which was also the object of the 22 Car. 2. c.6. Eng. and 22 & 23 Car. 2. c. 24. Eng. The 26 Geo. 3. c. 87, has been continued and amended by the 30 Geo. 3. c. 50, and 34 Geo. 3. c. 75. Engi The following deduction of the land revenue of the crown in Ireland, though in some measure a deviation. from crown. Eng. c 22 & 23 Car. 2. 24. Eng. & 34 Geo. 3. 30Geo. 3. c.50. c. 75. Eng. from the original plan of this work, may not perhaps be Cron Rents, uninteresting.-The Crown Rents of Ireland principally arise out of grants made of the lands, &c. belonging to the monasteries, abbies, priories, and other religious houses, which in the reign of king Henry VIII. were dissolved, suppressed, or surrendered to his majesty, and which were vested in the crown by the 28 Hen. 8. c. 16. *VideHoward's Ir. and 33 Hen. 8. st. 2. c. 5. Ir.* and certain crown rents Revenue, v. 1. were also reserved p. 31. upon the of the 6 counties in grants Carte'sOrmond p. 13. to 18. the province of Ulster, which were forfeited to the crown by the rebellion of the earl of Tyrone and others, and which were planted by king James I. and allotted to the old chieftains and inhabitants, and to the servitors of the crown (who were the great officers of state and officers in the army) and assigned also to English and Scotch undertakers. Port corn rents. The port corn rents were a kind of rent, or render of How. Rev. v. 1. corn or other produce of the land, formerly paid by v. 2. p. 270. to many of the tenants of the monasteries and abbies before their dissolution, and afterwards reserved upon grants p. 33. to 38. & 279. made by the crown, of the possessions of those religious houses, and especially of the rectories and tithes thereunto belonging but these port corn rents were shortly after the dissolution of the abbies, &c. given by the crown to the lord lieutenant, and to certain other great officers in Ireland, to wit the master of the rolls, the lord chief justice, and the lord chief baron, and the president of Munster and Connaught, and are saved and confirmed to them 14 & 15 Car. 2. by the Act of Settlement (14 & 15 Car. 2. c. 2. s. 10%. Ir.) These port corn rents, which were anciently rendered at the principal town in the county named in the patent, have been since the year 1763 paid to the commissioners of the revenue, according to a rent-roll made thereof in the reign of queen Elizabeth, which also ascertained a modus or sum of money in lieu of the port corn which was a payment in kind. c. 2. s. 109. 11. Composition pents. Next, as to composition rents. Part of these were reserved upon a composition made in the reign of queen p. 38. to 43. Elizabeth, the lords and chieftains of the provinces of Connaught and Munster and other parts of Ireland How, Rev. v.1. having petitioned her majesty, to accept from them the cordingly the statute 12 Eliz. st. 1. c. 4. Ir. was passed to 12 Eliz. st. 1ą enable the queen to make grants of the lands which c. 4. Ir. should be so surrendered, to be holden of the crown for such estate, and by such tenure, and subject to such rents and services, as should be expressed and reserved in said letters patent. And in pursuance of this act, a commission was afterwards issued in the 27th year of this reign, and indentures of composition were executed on behalf of the queen, and of the chieftains, gentlemen, freeholders and inhabitants of Connaught and Thomond. To rectify the errors and to remove the doubts concerning this composition, and to remedy the defects in the several titles derived under it, a further commission of grace was issued in the reign of James I. ;* and several * Carte's Orsurrenders were made, and letters patent granted in pursuance of this king's letter. But it was not until the Sir J. Davies' reign of Charles I. that these compositions were finally concluded and made effectual, several claims of right having been set up* in this reign, on behalf of the king, by *Leland's Hist. the earl of Strafford as his minister, to large tracts of ground in Ireland, and various new patents being accordingly granted to the former proprietors; and these patents were confirmed by the 10 Car. 1. st. 1. c. 3. Ir. 10 Car. 1. 10 car. 1. st. 1. st. 3. c. 2. & 3. Ir. and 15. Car. 1. c. 6. Ir. This minister caused 10 Car, 1. st. 3. the survey to be made of these English plantations, and c. 2 & 3. Ir. the nature and quality of the lands described, and the Ir. names of the proprietors or reputed proprietors returned, which is since known by the name of Strafford's survey. Strafford's SurThese composition rents are accordingly in charge in the ey mond, vol. 1. P 26. Tracts, p. 205. vol. 3. p. 31. c. 3. Ir. 15 Car. 1. c. 6. king's rent rolls,* to wit, for every quarter part of a town- *Howard's Rev. land, 10s. and for every cartron, 2s. 6d. YOL. L. N I shall vol. 1. p. 42. vol. 2. p. 112. § 5. Quit rents. Eng. 4. V. I shall next proceed to a deduction of the history of quit rents, which is a branch of the Irish revenue that first arose, out of the estates which were forfeited, by the rebellion which broke out in Ireland, on the 23d October, 1641, during the civil war in England between King Charles I. and his parliament. These forfeitures were so considerable that the interposition of the English parliament was judged necessary, and accordingly by the 16 Car. 1. c. 34. 16 Car. 1. c. 34. Eng.* it was enacted that all such rights, titles, interests, &c. as the rebels had on the 23d October, 1641, or should afterwards have in any lands, or other hereditaments, should be forfeited to the king, and be deemed in the actual possession of the crown without any office or inquisition thereof to be found; and for reducing the rebels and distributing their lands amongst such as should advance money, two millions and a half of acres exclusive of waste lands, were assigned and allotted in the several provinces of Ireland, amongst the adventurers, in proportion to the sums advanced by them. Out of these acres so allotted and distributed; a yearly quit-rent was reserved to the crown, viz. 1d. for each acre of English measure in Ulster; 1d. in Connaught; 24d. in Munster; and 3d. in Leinster; and by the said act a commission was to issue to survey all the lands of the rebels that should be forfeited; and these lands were to be divided amongst the adventurers by equal lot, by the commissioners appointed under the great seal, and each allotment was to be returned into chancery; and every adventurer by such allotment was to be in actual seisin of his share. And by this act every person, within 3 months after allotment, that should have 1000 acres in Leinster, 1500 acres in Munster, 2000 in Connaught, or 3000 in Ulster, was to have power to erect a manor, with a court baron and a court leet, and all other privileges belonging to a manor, and with deodands, fugitive +Howard's Rev. goods, &c. A survey† appears to have been made about vol. 2. p. 115. this time for the purpose of ascertaining who the proprietors and forfeiting persons respectively were, which as being taken by the direction of the civil powers was Civil or Esti mate Survey. called * The 16 Car. 1. c. 30, 33, 35, & 37. Eng. were also passed for reducing the hish rebels. called the Civil Survey, and was also called an Estimate Survey, as having been taken by inquisition on the reputation of the country, and not laid down by chain. and scale. But in the year 1652, the rebellion being then suppressed, the English parliament published ah ordinance called, An Ordinance for the settling of Ireland, Ordinance for the settling of by which certain classes of offenders against the com- Ireland. monwealth and the parliament were declared to forfeit the whole of their estates-others two-thirds-another class one-third-and the fourth class in this scale of offenders forfeited one-fifth of their estates. And by ah ordinance made in the following year, the forfeited lands in certain counties were to be charged with the sums due to the adventurers and soldiers according to the rates ascertained by the 16 Car. I. c. 34. and to be divided between them by baronies moietively by lot; and other parts and proportions of the forfeited lands were to be allotted for the satisfaction of the arrears of the forces who were to be immediately disbanded. Pursuant to this ordinance, commissioners were appointed for putting it in execution, and for taking a survey of the forfeited lands, and for appointing a court for receiving and hearing claims. And it was an instruction to these commissioners, that the second and third classes of the forfeiting persons, should be transplanted into the province of Connaught and county of Clare. And in pursuance also of this or- Down Survey. dinance Doctor Petty (afterwards Sir Win. Petty, a learned mathematician) appears to have made a survey of the kingdom, which was called the Down Surrey, being #Howard'sRev. laid down by chain and scale, to distinguish it from the estimate or civil survey above-mentioned; and commissioners accordingly proceeded to sit and act in execution of this ordinance and of the instructions received by them, and to determine upon the claims preferred before thein; and upon their decrees the transplantations were set out by other commissioners. But many claims remained undetermined, and the transplantation was not completed at the restoration of Charles II.; and accordingly on the 30th November 1660, this king signed his declaration Dec'aration for for the settlement of Ireland, by which he confirmed to Ireland. the adventurers and soldiers all the lands allo:ted to them vol. 2. p. 114. the settlement of |