Selected quad for the lemma: justice_n
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A45975
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An act for the better execution of His Majesties gracious declaration for the settlement of his kingdome of Ireland and satisfaction of the several interests of adventurers, souldiers, and other His Majesties subjects there.; Public General Acts. 1662. 14 & 15 Car.II Session 3 c.2
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Ireland.; England and Wales. Sovereign (1660-1685 : Charles II).
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1662
(1662)
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Wing I309A; ESTC R223687
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110,568
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130
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forwardness of all the rest of their Brethren in contributing One half years full value of the profits arising of the said lands as aforesaid set out for their respective Adventures and Arrears to be paid in One year towards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for and suffered with Vs And that several of the Adventurers having expressed their own willingness and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness in consideration of Our Grace and Favour in the aforesaid Settlement One other half years Rent more of full value to be paid in One other year We cannot but declare Our Acceptance of such their free and kinde offer and when a Bill shall be tendred unto Vs upon the accompt and for the ends aforesaid it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve And We do lastly declare That Protestant Plantations shall be settled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the land so to be settled on the Adventurers and Souldiers in such manner as by the Commissioners to be nominated and directed by Vs shall be set down Provided always That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dublin in the year One thousand six hundred forty one nor to any person or persons that sate as Iudges in the pretended High Court of Iustice upon the life of Our Royal Father of blessed memory or who sentenced Him or signed or sealed the Warrant for Execution or who were of the Guard of Halbertiers assisting to put the Bloody Sentence of Death in Execution upon the 30. of January One thousand six hundred forty eight Provided lastly and it is hereby declared That this Declaration or any thing therein contained shall not extend to confirm the disposition or setting out to any Adventurer Soldier or other person any of the Lands Tenements or Hereditaments belonging before the 23. of October 1641. to any City or Sea-Town Incorporated but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Favour and the Adventurers Souldiers or others who have any of the said Lands Tenements or Hereditaments set out unto them shall be Reprized in like manner as is provided for them in other cases by this Declaration Given at Our Court at Whitehall the 30. day of November 1660. In the Twelfth Year of Our Reign Signed CHARLES R. INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour Richard Earl of Cork Lord High Treasurer of Our Kingdome of Ireland Our right trusty and right well beloved Cousins and Counsellours Edward Lord Viscount Conway and Kilulta Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Kingdome Hugh Lord Viscount Montgomery of the Ardes Master of Our Ordinance in Our said Kingdome and John Lord Viscount Massereene Our right trusty and well beloved Counsellour Francis Lord Angier John Lord Kingston Richard Lord Baron of Caloony Sir James Barry Knight Lord Chief Justice of Our Court of Chief Place James Donelan Esq Lord Chief Justice of Our Court of Common Pleas John Bysse Esq Lord Chief Baron of Our Court of Exchequer Sir Henry Tichburn Knight Sir Robert Forth Knight Sir James VVare Knight Thomas Pigot Esq Master of Our Court of Wards and Liveries Col. Arthur Hill and Col. Marcus Trevor Our trusty and well beloved Sir Francis Hamilton Knight and Baronet Sir Arthur Forbes Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir Richard Lane Baronet Sir Paul Davys Knight Sir George Lane Knight Sir John Stephens Knight Sir VVilliam Domvile Knight Our Atturney General Sir Allen Brodericke Knight Our Surveyor General Sir Audley Mervin Knight Our chief Serjeant at Law John Temple Esq Our Solicitor General Col. John Ponsonby Henry VVarren and Dudley Cooley Esqs Serjeant Major George Rawden Dr. VVilliam Petty James Cuffe and Thomas Browne Esquires Our Commissioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November One thousand six hundred and sixty C. R. WHEREAS by Our said Declaration of the thirtieth of November One thousand six hundred and sixty We have made provision for the Settlement of Our Kingdome of Ireland and Satisfaction of the several Interests of Adventurers Souldiers and others Our Subjects there which we are minded to put in effectual Execution We have therefore hereby nominated you or any five or more of you whereof two of the persons following to be alwayes present viz. Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Realm Our Trusty and well beloved Counsellour Sir James Barry James Donelan Esq and John Bysse Esq Sir James Ware Our Atturney and Solicitor General Our Commissioners for the putting in Execution the matters and things therein contained according to the Tenor of these following Instructions You are to cast up the whole Debt and Demand of the Adventurers as well those that are satisfied as those that are in part or in whole deficient as also all the forfeited Lands assigned to or for the said Adventurers according to the Survey commonly called Doctor Petty's Down Admeasurement And the said Demands and Lands you are to compare together and what the said Lands fall short of satisfying the said Adventurers according to the Rates Measures and Proportions of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine so much of the forfeited Lands in the County of Lowth in the Province of Leinster except the Barony of Atherdee you are to set apart for satisfaction of the said Adventurers And if the said forfeited Lands shall fall short of satisfying the said Adventurers you are then to add the forfeited Lands undisposed by Our said Declaration in the County of Catherlogh And if those shall fall short then the Lands remaining undisposed of in the County of Kildare to supply all the said Adventurers deficiencies And if those Lands fall short then you are apart other forfeited Lands in some convenient place for the end aforesaid And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers and satisfying their deficiencies ascertaining their respective proportions You are to cause publick Proclamation to be made within the respective Counties Cities Baronies and places in Ireland thereby directing each Adventurer his Assignee or Assignees or his or their Agent or Agents sufficiently authorized that hath received any satisfaction in Land for his Adventure within forty dayes after such Proclamation to deliver unto you in
respectively given for or concerning any matter Cognizable by them against His Majesty His Heirs and Successors and all and every other person or persons whatsoever their Heirs or Assigns any thing in the said Declaration or Instructions or in this present Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all and every person and persons who shall at any time hereafter be nominated and appointed by His Majesty His Heirs and Successors to serve in the place of a Commissioner for the putting in execution the said Declaration and Instructions and this present Act shall before they Act any thing in the execution of the said Commission take an Oath before the Lord Chancellor or Lord Keeper or Commissioners for the Custody of His Majesties Great Seal of this Kingdome or before the Lord Chief Iustice of His Majesties Court of Chief place of this Kindome for the time being or before the Lord Chief Iustice of His Majesties Court of Common Pleas of this Kingdome for the time being or before the Lord Chief Baron of His Majesties Court of Exchequer of this Kingdome which Oath they or any of them have hereby power from time to time as there shall be occasion to administer in these words following YOu shall swear That you shall to the best of your skill and knowledge truly and impartially administer Justice between His Majesty and the Subject and between Party and Party in the place of a Commissioner for putting in Execution His Majesties Gracious Declaration and Instructions for the Settlement of IRELAND according to an Act Intituled An Act for the better Execution of His Majesties Gracious Declaration for the Settlement of His Kingdome of Ireland and satisfaction of the several Interests of Adventurers Souldiers and other His Subjects there so long as you shall continue in that Imployment So help you God in Christ Jesus And Be it further Enacted by the Authority aforesaid That all and every the persons who shall be appointed to serve in the Offices or Imployments of Register Clerk Surveyor or any of them or in any other ministerial Office or Imployment relating to the Service of His Majesties Commissioners to be appointed as aforesaid shall before they enter upon any of the said Offices or Imployments take an Oath before some of the Commissioners to be appointed as aforesaid which Oath the said Commissioners or any two of them have hereby power to administer in these words following YOU shall swear That you shall well and truly execute the place of _____ according to the best of your skill and knowledge and therein you shall spare no person for favour and affection nor any person grieve for hatred or ill will So help you God in Christ Jesus And Be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for all and every the Registers Clerks Surveyors and other the ministerial Officers which at any time hereafter shall be used or imployed in the Service of His Majesties Commissioners to be appointed for Execution of the Declaration and Instructions and this present Act to take as a Recompence for their respective Pains and Industries such Fees Salaries or Rewards onely and no other as by the Lord Lieutenant or other Chief Governour or Governours for the time being shall be limited and appointed And whereas by the said Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty the time limited for Adventurers claiming and making their Deficiencies appear is the first day of May now last past Be it Enacted and it is hereby Enacted That that time be inlarged to the Nine and Twentieth day of September One Thousand Six Hundred Sixty and Two And whereas by the said Declaration the time limited for discovering Bribery Forgery Subornation of Witnesses and False or undue Admeasurement is the Twentieth day of December One Thousand Six Hundred Sixty One Be it Enacted and it is hereby Enacted that the time being be inlarged to the Three and Twentieth day of October which shall be in the year One Thousand Six Hundred Sixty Three And whereas by the said Declaration legal Incumbrances resting upon Lands set out to Adventurers and Souldiers are to be satisfied out of Forfeited Lands in the County of Kildare except as in the said Declaration is excepted such Incumbrances being made appear by the Three and Twentieth of October One Thousand Six Hundred Sixty One Be it Enacted and it is hereby Enacted That that time be inlarged to the Three and Twentieth day of October One Thousand Six Hundred Sixty Two And whereas all Commissioned Officers before One Thousand Six Hundred Forty Nine whose Arrears were not stated on the Thirtieth day of November One thousand Six hundred and Sixty are by the said Declaration to have their Arrears stated before the Nine and Twentieth day of September One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the first day of May One thousand Six hundred Sixty three And whereas by the said Declaration all innocent Papists are to be restored to their Estates by the Second of May One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the First day of August One thousand Six hundred Sixty two And whereas by the said Declaration it is declared That in case any justly Intituled to the Peace in the said Declaration mentioned have obtained Decrees for Lands in the Province of Connaught or County of Clare in lieu of their former Estates and have not been possessed of Lands according to their respective Decrees That if by the First day of November One thousand Six hundred Sixty one they shall not be possessed of such Decreed Lands they shall immediately after the said day be otherwise satisfied for the same Be it Enacted and it is hereby Enacted That that time be inlarged to the First day of August One thousand Six hundred Sixty three And whereas as to those who continued with His Majesty and served faithfully under His Ensigns beyond the Seas who were by the said Declaration to be restored to their former Estates a Reprize being first assigned and legally set out of the remaining Forfeited Lands undisposed of to Adventurer or Souldier or other person as in the said Declaration is mentioned And that the furthest time for such Restaurations and Reprizes is by the said Declaration limited to be by the Twenty third day of October One thousand Six hundred Sixty one Be it Enacted and it is hereby Enacted That that time be inlarged to the Three and Twentieth day of April One thousand Six hundred Sixty three And be it further Enacted and it is hereby Enacted by the Authority aforesaid That all other persons Bodies Politick and Corporate who have not already put in their Claims before the Commissioners heretofore appointed for execution of the said Declaration do put in the same within